Mandatory Continuing Legal Education (MCLE)

Bar Matter No. 850 requires members of the Integrated Bar of the Philippines to undergo continuing legal education to ensure that throughout their career they keep abreast of law and jurisprudence, maintain the ethics of the profession and enhance the standard of the practice of law.

Failure to comply with the MCLE requirements jeopardized the causes of clients because the pleadings filed could be stricken off from the records and considered invalid.

A lawyer's failure to comply with the MCLE requirements and disregard of the directives of the MCLE Office warrant his declaration as a delinquent member of the Integrated Bar of the Philippines.

Right to Bail

Bail is not granted to prevent the accused from committing additional crimes. The purpose of bail is to guarantee the appearance of the accused at the trial, or whenever so required by the trial court. Bail may be granted as a matter of right or of discretion. Bail for the provisional liberty of the accused, regardless of the crime charged, should be allowed independently of the merits of the charge, provided the continued incarceration of the accused is clearly shown to be injurious to his health or to endanger his life. Denying bail despite imperiling the health and life of the accused would not serve the true objective of preventive incarceration during the trial.

Right to Appeal

The right to appeal is neither a natural right nor a component of due process. It is a mere statutory privilege and may be exercised only in the manner and in accordance with the provision of law. An appealing party must strictly comply with the requisites laid down in the Rules of Court. Deviation from the Rules cannot be tolerated. The requirements for perfecting an appeal must be strictly followed as they are considered indispensable interdiction against needless delays. It is not only mandatory but jurisdictional as well, hence failure to appeal renders the judgment final and executory. Just as the losing party has the privilege to file an appeaal within the prescribed period, so also does the prevailing party have the correlative right to enjoy the finality of a decision in his favor.

disbarment

A lawyer must be disbarred for committing a crime which does not only show his disregard of his oath as a government official but is likewise of such a nature to negatively affect his qualification as a lawyer.

The purpose of a proceeding for disbarment is to protect the administration of justice by requiring that those who exercise this important function be competent, honorable and reliable - lawyers in whom courts and the public at large may repose confidence. Thus, whenever a clear case of degenerate and vile behaviour disturbs that vital yet fragile confidence, the Court shall not hesitate to rid the profession of odious members (A.C. No. 10207, July 21, 2015).

determination of just compensation of CARP covered land

The Regional Trial Court (RTC), acting as Special Agrarian Court (SAC), has jurisdiction to determine just compensation of CARP covered landholdings at the very first instance, and the petitioner need not pass through the DARAB for initial valuation. The determination of just compensation is essentially a judicial function, which is vested in the RTC acting as SAC. The SAC is not an appellate reviewer of the DAR decision in administrative cases involving compensation. The SAC has jurisdiction over the complaint for determination of just compensation, despite the absence of summary administrative proceedings before the DAR Adjudication Board-DARAB (G.R. No. 163361, March 12, 2014)