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[B.M. No. 979-B.September 4, 2001]
RE: LEGAL EDUCATION
SECOND DIVISION
Gentleman:
Quoted hereunder, for your information, is a resolution of the Court En Banc dated SEPT 4 2001.
B.M. No. 979-B(Re: Legal Education.)
Acting on the Memorandum dated 26 July 2001 of Associate Justice Jose C. Vitug, Chairman, Committee on Legal Education and Bar Matters, submitting for this Court's consideration the Final Draft of the Proposed Amendments to R.A. 7662 (Legal Education Reform Act of 1993) and the Explanatory Note thereon, the Court Resolved to APPROVE said explanatory note and draft, to wit:
EXPLANATORY NOTE
Almost eight years after Republic Act No. 7662 was approved into law on December 23, 1993, people concerned about the quality of legal education in this country have yet to see its implementation. Organizations like the Philippine Association of Law Schools and the Philippine Association of Law Professors have initiated moves towards the constitution of the Legal Education Board which Republic Act No. 7662 has created. However, the road to the law's implementation appears to have been beset by stumbling blocks that are ingrained in the law itself.
The law was enacted primarily to give flesh to the declared State policy to uplift the standards of legal education. And yet, a reading of the law would reveal certain provisions that go beyond the ambit of education of aspiring lawyers and into the sphere of education of persons duly licensed to practice the law profession. These provisions do not only expand the purpose of the law - these also impinge on matters that might render their implementation constitutionally infirm.
Thus, under the declaration of policies in Section 2 of Republic Act No. 7662, the State "shall undertake appropriate reforms in the legal education system, require the proper selection of law students, maintain quality among law schools and require apprenticeship and continuing legal education. The concept of continuing legal education encompasses education not only of law students but also of members of the legal profession. Its inclusion in the declaration of policies implies that the Legal Education Board shall have jurisdiction over the education of persons who have finished the law course and are already licensed to practice law. Viewed in the light of Section 5, paragraph 5 of Article VIII of the Constitution that vests the Supreme Court with powers over the Integrated Bar of the Philippines, said portion of Section 2 of Republic Act No. 7662 risks a declaration of constitutional infirmity.
In the same vein Section 3 provides as one of the objectives of legal education increasing "awareness among members of the legal profession of the needs of the poor, deprived and oppressed sectors of the society." Such objective should not find a place in the law that primarily aims to upgrade the standard of schools of law as they perform the task of educating aspiring lawyers. Section 5, paragraph 5 of Article VIII of the Constitution also provides that the Supreme Court shall have the power to promulgate rules on "legal assistance to the underprivileged" and hence, implementation of Republic Act No. 7662 might give rise to infringement of a constitutionally mandated power.
Apparently in consonance with said expressed, albeit offensive, policy and objective of Republic Act No. 7662, Section 7 thereof includes the following as functions of the Legal Education Board: (a) prescribing minimum standards of law admission [paragraph e] and (b) adopting "a system of continuing legal education" and, for that purpose, "the Board may provide for the mandatory attendance of practicing lawyers in such courses and for such duration as the Board may deem necessary" [paragraph h]. Again, these functions encroach upon the Supreme Court's powers under Section 5, paragraph 5 of Article VIII of the Constitution. Aside from its power over the Integrated Bar of the Philippines, the Supreme Court is constitutionally mandated to promulgate rules concerning admission to the practice of law.
These provisions that, in the implementation of the law, may meet constitutional objections, should be removed. Otherwise, the law's enforcement may needlessly be derailed.
There are provisions regarding the composition of the Legal Education Board, particularly with respect to the law students' sector representative that need correction. As worded, the third paragraph of Section 4 of the law may be construed as doing away with the citizenship requirement as far as the representative of the law students' sector is concerned. The law could not have conceived of a foreigner sitting in that Board although he or she is only a law student. All members of the Legal Education Board must fulfill the citizenship requirement and hence, there is a need to rephrase that particular provision of the law. Similarly, under Section 5, the term of office of all the members of the Legal Education Board is "five (5) years without reappointment."
Although the law course may be completed in four (4) years, Section 5 grants a law students' sector representative the authority to hold office even after he or she shall have finished the law course, The provision on the term of office of the law students' sector representative should thus be amended along the line of giving as many law students as possible the opportunity to serve in the Board.
Events have likewise overtaken the implementation of the law. On May 18, 1994, Republic Act No. 7722 ("Higher Education Act of 1994") was approved into law. Section 18 of that law provides that jurisdiction of the Department of Education, Culture and Sports (DECS) over tertiary institutions has been transferred to the Commission on Higher Education (CHED). Since Section 4 of Republic Act No. 7662 provides that the Legal Education Board shall be "attached solely for budgetary purposes and administrative support" to the DECS, this provision of law must be amended as a consequence of the transfer of jurisdiction over law schools from the DECS to the CHED. All provisions of Republic Act No. 7662 that mention the DECS should thus be amended by substituting the DECS with the CHED.
Section 13 of Republic Act No. 7662 authorizes that P1,000,000.00 shall be "charged against the current year's appropriation of the Contingent Fund for the initial expenses of the Board." The almost eight-year period that has elapsed since the enactment of Republic Act No. 7662 has seen the rise in inflation rate and increases in the salary of government employees. There is thus a need to adjust the amount appropriated for the initial expenses of the Legal Education Board.
Republic Act No. 7662 was enacted in answer to the call for the improvement of the system of legal education in this country on account of the poor performance of law students, and law schools in the Bar Examinations. For the past five years, the percentage of those who passed the Bar Examinations in relation to the number of persons admitted to take the same examinations has been consistently low. Thus: 1996-31.21%; 1997-18.11%; 1998-39.63%; 1999-16.59% and 2000-20.84%.
Although the percentage of passing in the 1998 examinations was one of the highest in years, it in no way reflects an upscale standard of legal education. In 1999, the percentage of passing dropped by 23.04% and in 2000, it improved by 4.25% only.
As it is, the necessity for the constitution of the Legal Education Board that shall oversee the system of legal education in this country as envisioned by the authors cf Republic Act No. 7662 remains. However, for a smooth implementation of the law, its objectionable provisions must be corrected. Immediate amendment of Republic Act No. 7662 bodes well for the attainment of the aims for which it was enacted.
REPUBLIC ACT No. _____
AN ACT AMENDING SECTIONS 2, 3, 4, 5, 6, 7, 12 AND 13 OF REPUBLIC ACT NO. 7662 ENTITLED "AN ACT PROVIDING FOR REFORMS IN LEGAL EDUCATION, CREATING FOR THE PURPOSE A LEGAL EDUCATION BOARD, AND FOR OTHER PURPOSES"
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Section 2 of Republic Act No. 7662 is hereby amended to read as follows:
"SEC. 2. Declaration of Policies. - It is hereby declared the policy of the State to uplift the standards of legal education in order to prepare law students for advocacy, counseling, problem-solving, and decision-making; to infuse in them the ethics of the legal profession; to impress upon them the importance, nobility and dignity of the legal profession as an equal and indispensable partner of the Bench in the administration of justice; and, to develop socially-committed lawyers with integrity and competence.
Towards this end, the State shall undertake appropriate reforms in the legal education system, require proper selection of law students, [maintain quality among law schools, and] PROVIDE FOR legal apprenticeship, and [continuing legal education] MAINTAIN QUALITY AMONG LAW SCHOOLS."
SEC. 2. Section 3 of the same law is hereby amended to read as follows:
"SEC. 3. General and Specific Objectives of Legal Education. - a) Legal Education in the Philippines is geared to attain the following general objectives:
1). to prepare students for the practice of law;
2). to increase awareness among [members of the legal profession] LAW STUDENTS of the needs of the poor, deprived and oppressed sectors of society;
3). to train persons for leadership, and
4). to contribute towards the promotion and advancement of justice and the improvement of its administration, the legal system and legal institutions in the light of the historical and contemporary development of law in the Philippines and in other countries.
b). Legal education shall aim to accomplish the following specific objectives:
1). to impart among law students a broad knowledge of law and its various fields, and of legal institutions;
2). to enhance their legal research abilities to enable them to analyze, articulate and apply the law effectively, as well as to allow them to have a holistic approach to legal problems and issues;
3). to prepare law students for advocacy, counseling, problem-solving and decision-making, and develop their ability to deal with recognized legal problems of the present and the future;
4). to develop competence in any field of law as is necessary for gainful employment or sufficient as a foundation for future training beyond the basic professional degree, and to develop in them the desire and capacity for continuing study and self-improvement;
5). to inculcate in them the ethics and responsibilities of the legal profession; and
6). to produce lawyers who conscientiously pursue the lofty goals of their profession and faithfully adhere to its ethical norms."
SEC. 3. Section 4 of the same law is hereby amended to read as follows:
"SEC. 4. Legal Education Board; Creation and Composition. - To carry out the purposes of this Act, there is hereby created the Legal Education Board, hereinafter referred to as the Board, attached solely for budgetary purposes and administrative support to the [Department of Education, Culture and Sports] COMMISSION ON HIGHER EDUCATION.
The Board shall be composed of a Chairman, who shall preferably be a former justice of the Supreme Court or the Court of Appeals, and the following as regular members: a representative of the Integrated Bar of the Philippines (IBP); a representative of the Philippine Association of Law Schools (PALS); a representative of the Philippine Association of Law Professors (PALP); a representative [from the ranks of active law practitioners] OF THE PHILIPPINE JUDICIAL ACADEMY (PHILJA); and a representative from the law students' sector. The [Secretary of the Department of Education, Culture and Sports] CHAIRMAN OF THE COMMISSION ON HIGHER EDUCATION, or his representative, shall be an ex officio member of the Board."
With the exception of the representative of the law students' section, the Chairman and regular members of the Board must be natural born citizens of the Philippines and members of the Philippine Bar, who have been engaged for at least ten (10) years in the practice of law, as well as in the teaching of law in a duly authorized or recognized law school.]
SEC. 4. Section 5 of the same law is hereby amended to read as follows:
["SEC. 5. Term of Office; Compensation. - .The Chairman and regular members of the Board shall be appointed by the President [for a term of five (5) years without reappointment] from a list of at least three (3) nominees FOR EVERY VACANCY. THE LIST SHALL BE PREPARED by the Judicial and Bar Council WITH THE AUTHORIZATION OF THE SUPREME COURT. No such appointments shall need confirmation by the Commission on Appointments. [Of those first appointed, the Chairman and representative of the IBP shall hold office for five (5) years; the representatives of the PALS and the PALP for three (3) years; and the representative from the ranks of active law practitioners and the representative of the law students' sector for one (1) year, without reappointment. Appointments to any vacancy shall be only for the unexpired portion of the term of the predecessor.]
THE CHAIRMAN AND REGULAR MEMBERS OF THE BOARD SHALL HOLD OFFICE FOR A TERM OF FIVE (5) YEARS WITHOUT REAPPOINTMENT PROVIDED, HOWEVER, THAT THE REPRESENTATIVE OF THE LAW STUDENTS' SECTOR SHALL SERVE A ONE-YEAR TERM ONLY. OF THOSE FIRST APPOINTED, THE CHAIRMAN AND THE REPRESENTATIVE OF IBP SHALL HOLD OFFICE FOR FIVE (5) YEARS; THE REPRESENTATIVES OF THE PALS AND THE PALP FOR THREE (3) YEARS; AND THE REPRESENTATIVES OF THE PHILJA AND THE LAW STUDENTS' SECTOR FOR ONE (1) YEAR, WITHOUT REAPPOINTMENT. OTHERWISE, APPOINTMENT TO A VACANCY SHALL BE ONLY FOR THE UNEXPIRED PORTION OF THE TERM OF THE PREDECESSOR.
The Chairman and regular members of the Board shall have the same salary and rank as the Chairman and members, respectively, of the Constitutional Commissions; Provided, That their salaries shall not be diminished during their term of office."
SEC. 5. Section 6 of the same law is hereby amended to read as follows:
"SEC. 6. Office and Staff Support. - The [Department of Education, Culture and Sports] COMMISSION ON HIGHER EDUCATION shall provide the necessary office and staff support to the Board, with a principal office to be located in Metropolitan Manila.
The Board may appoint such other officers and employees AS it may deem necessary in the performance of its powers and functions."
SEC. 6. Section 7 of the same law is hereby amended to read as follows:
"SEC. 7. Power and Functions. - For the purpose of achieving the objectives of this Act, the Board shall have the following powers and functions:
a). to [administer] REGULATE the legal education system in [the country in the manner consistent with the provisions of this Act] ACCORDANCE WITH ITS POWERS AND FUNCTIONS HEREIN ENUMERATED;
[b). to supervise law schools in the country, consistent with its powers and functions as herein enumerated;]
b). to [set] ESTABLISH [the] standards of accreditation for law schools [taking into account, among others,] CONSISTENT WITH ACADEMIC FREEDOM AND PURSUANT TO THE DECLARATION OF POLICY SET FORTH IN SECTION 2 HEREOF [the size of enrollment, the qualifications of the members of the faculty, the library and other facilities, without encroaching upon the academic freedom of institutions of higher learning];
c). to accredit law schools that meet the standards of accreditation;
d). to prescribe minimum standards for [law admission] ADMISSION TO LAW SCHOOLS INCLUDING A SYSTEM OF LAW APTITUDE EXAMINATION [and minimum qualifications and compensation of faculty members];
e). TO PROVIDE FOR MINIMUM QUALIFICATIONS FOR FACULTY MEMBERS OF LAW SCHOOLS;
(g). to prescribe the basic curricula for the course of study aligned to the requirements for admission to the Bar, law practice and social consciousness, and such other courses of study as may be prescribed by the law schools and colleges under the different levels of accreditation status;
h). to establish law practice internship as a requirement for taking the Bar which a law student shall undergo with any duly accredited private or public law office or firm or legal assistance group anytime during the law course for a specific period that the Board may decide, but not to exceed a total of twelve (12) months. For this purpose, the Board shall prescribe the necessary guidelines for such accreditation and the specifications of such internship which shall include the actual work of a new member of the Bar; AND
h). to adopt a system of continuing legal education. For this purpose, the Board may provide for the mandatory attendance of practicing lawyers in such courses and for such duration as the Board may deem necessary; and]
f). TO PRESCRIBE GUIDELINES FOR LAW PRACTICE INTERNSHIP WHICH THE LAW SCHOOLS MAY ESTABLISH AS PART OF THE CURRICULUM; AND
g). to perform such other ADMINISTRATIVE functions AS MAY BE [and prescribe such rules and regulations] necessary for the attainment of the policies and objectives of this Act."
SEC. 7. Section 12 of the same law is hereby amended to read as follows:
"SEC. 12. Coverage. - The provisions of this Act shall apply to all schools and colleges of law [which are presently under the supervision of the Department of Education, Culture and Sports.], PUBLIC OR PRIVATE, PROVIDED THAT: THE PROVISIONS OF THIS ACT SHALL NOT APPLY TO THE COLLEGE OF LAW OF THE UNIVERSITY OF THE PHILIPPINES SYSTEM. Hereafter, [said supervision] THE SUPERVISION OF THE COMMISSION ON HIGHER EDUCATION shall be transferred to the Board Law schools and colleges which shall be established following the approval of this Act shall likewise be covered."
SEC. 8. Section 13 of the same law is hereby amended to read as follows:
SEC. 13. Appropriation. - The
amount of [One] THREE Million pesos ([P1,000,000.00] P3,000,000.00)
is hereby authorized to be charged against the current year's appropriation of
the Contingent Fund for the initial expenses of the Board.
To form part of the Legal Education
Fund, there shall be appropriated annually, under the budget of the [Department
of Education, Culture and Sport] COMMISSION ON HIGHER EDUCATION, the amount of
[Ten] TWENTY Million Pesos ([P10,000,000.00] P20,000,000.00) for
a period of ten (10) years effective Fiscal Year 1994] 2001."
SEC. 9. All laws, presidential decrees and issuances, executive orders, rules and regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly.
SEC. 10. If, for any reason or reasons, any part of the provisions of this Act shall be held to be unconstitutional or invalid, other parts or provisions hereof which are not affected thereby shall continue to be in full force and effect.
SEC. 11. This Act shall take effect fifteen (15) days after its publication in two (2) national newspapers of general circulation. The publication shall not be later than seven (7) days after the approval hereof.
APPROVED, ___________
Let the Senate and the House of Representatives of the Philippines be formally furnished with a copy of this resolution."
Very truly yours,
(Sgd.)LUZVIMINDA D. PUNO
Clerk of Court
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