[B.M. No. 979. November 28, 2000]

IN RE: 1999 BAR EXAMINATIONS

EN BANC

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated NOV 28 2000.

B.M. No. 979 (In re: 1999 Bar Examinations.)

Before the Court for consideration are the separate letters dated April 10, 2000, June 15, 2000, September 12, 2000, September 18, 2000, October 19, 2000 and November 14, 2000 of Bantay Katarungan headed by Ambassador Sedfrey A. Ordonez and Kilosbayan headed by Senator Jovito R. Salonga urging the Court to form an independent and impartial committee to conduct a full and thorough investigation of the 1999 Bar Examinations. These letters point out some alleged infraction of the rules on the conduct of the Bar examinations committed by the former Chairman of the 1999 Bar Examinations Committee. Mr. Justice Fidel P. Purisima, to wit:

(1) He failed to timely inform the Court that his nephew, a son of his brother, was taking the 1999 Bar examinations; and

(2) He allowed his daughter and son-in-law to assist him in preparing and encoding the Bar examination questions in his residence.

The investigation sought is aimed at determining the culpability and administrative liability of Mr. Justice Purisima in connection with the alleged infractions. The group seeks the imposition of a stiffer penalty than that imposed by the Court on Mr. Justice Purisina in its resolution of March 22, 2000 should he be found guilty thereof.

On September 26, 2000, the Court required Mr. Justice Purisima to comment on the letters dated September 12, and 18, 2000 of the members of Bantay Katarungan and other concerned students of the different law colleges in Metro Manila.

Mr. Justice Purisima filed his Comment on October 11, 2000. He stated that it was only in January 2000 that he came to know that his nephew took the 1999 Bar examinations. At the time, the Committee on Bar Examinations was already preparing its report to be submitted to the Court en banc. To prevent delay in the release of the results of the examinations, he decided to inform the Court of the fact later, during the deliberation on the report of the Committee. He further stated that he personally typed the questions for the bar examinations inside his bedroom. But since he did not know how to use the computer, he asked his daughter, Dalla P. Ponce de Leon who was her Judicial Staff Head, and her husband, Barry Ponce de Leon, to assist him in encoding and printing the questions. He was present and he never left the room the whole time that the questions were being encoded and printed. After the questions have been encoded and printed, he saw to it that all computer files related to the examination questions were deleted. He also gathered and burned all the scratch papers. He said that he kept the printed copy of the questions in his custody until its photocopying at the Office of the Chairman of the Bar Examinations at De La Salle University.

The student monitors of Bantay Katanmgan filed a Reply to Mr. Justice Purisima's Comment on October 19, 2000. They reiterated their allegations in their previous letters. They also refuted the claim of Mr. Justice Purisima that he did not know at the time of the bar examinations that his nephew was one of the examinees because his name was included in the list of bar examinees contained in the Court's resolution dated August 3, 1999. They again stressed the need for a formal investigation on the 1999 Bar examinations to ascertain the truth and preserve the integrity of the Court.

On November 16, 2000, the student monitors of Bantay Katarungan again wrote the Court stressing the need to conduct a formal and thorough investigation on the following matters: (1) that Mr. Justice Purisima knew and was legally bound to know that his nephew was one of the applicants allowed by the Court to take the 1999 Bar examinations; (2) that even if it were true that Mr. Justice Purisima learned of the fact only in January 2000, it was his duty to immediately disclose the same to the Court; and (3) Mr. Justice Purisima's admission that he sought the assistance of his daughter and son-in-law in encoding and printing the questions in their residence.

Mr. Justice Purisima retired from this Court on October 28, 2000. Prior to his retirement, on March 22, 2000, the Court issued a resolution censuring Mr. Justice Purisima and forfeiting fifty per cent (50%) of the fees due him as former Chairman of the 1999 Bar Examinations Committee for his failure to disclose on time his relationship to an examinee and for breach of duty and confidence. His retirement makes it untenable for this Court to further impose administrative sanctions on him as he is no longer a member of the Court.

Nonetheless, we take note of his statement that his daughter and son-in-law helped him in encoding and printing the questions for the bar examinations in their residence. In view of the absence of established rules and guidelines where the encoding of the questions for the bar examinations shall be held as well as the security measures that should be undertaken in connection therewith, we resolve to refer the matter to the Special Study Group on Bar Examination Reforms for report and recommendation.

IN VIEW WHEREOF, this bar matter is REFERRED to the Special Study Group on Bar Examination Reforms for report and recommendation.

Very truly yours,

LUZVIMINDA D. PUNO

Clerk of Court

(Sgd.) MA. LUISA D. VILLARAMA

Asst. Clerk of Court


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