BAR
MATTER NO. 1161
[June 08,
2004]
RE: PROPOSED
REFORMS IN THE BAR EXAMINATIONS RESOLUTION
ON
REFORM IN
THE
BAR EXAMINATIONS
WHEREAS, pursuant
to its Constitutional authority to promulgate rules concerning the
admission
to the practice of law, the Supreme Court en banc item in its
Resolution
of 21 March 2000, created a "Special Study Group on Bar Examination
Reforms"
to conduct studies on steps to further safeguard the integrity of the
Bar
Examinations and to make them effective tools in measuring the adequacy
of the law curriculum and the quality of the instruction given by law
schools;
WHEREAS, the Special
Study Group, with Philippine Judicial Academy (PHILJA) Chancellor
Justice
Ameurfina A. Melencio-Herrera as a chairperson and retired Justice Jose
Y. Feria and retired Justice Camilo D. Quiason as members, submitted to
the Supreme Court its Final Report, dated 18 September 2000, containing
its findings and recommendations;
WHEREAS, on 21
August 2001, the Supreme Court en banc referred, for further study,
report
and recommendation, the Final Report of the Special Study Group to the
Committee on Legal Education and Bar Matters (CLEBM) headed by Justice
Jose C. Vitug;
WHEREAS, in connection
with the discussion on the proposed reforms in the bar examinations,
Justice
Vicente V. Mendoza, then a Member of the CLEBM, submitted a Paper,
entitled
"Toward Meaningful Reforms in the Bar Examination" with a Primer,
proposing
structural and administrative reforms, changes in the design and
construction
of questions, and the methodological reforms concerning the marking and
grading of the essay questions in the bar examinations;
WHEREAS, proposals
and comments were likewise received from the Integrated Bar of the
Philippines,
the Philippine Association of Law Schools, the Philippine Association
of
Law Professors, the Commission on Higher Education, the University of
the
Philippines College of Law, Arellano Law Foundation, the Philippine
Lawyers
Association, the Philippine Bar Association and other prominent
personalities
from the Bench and the Bar;
WHEREAS, considering
her Memorandum to the Chief Justice on "Proposed Technical Assistance
Project
on Legal Education," dated 27 February 2003, Program Director Evelyn
Toledo-Dumdum
of the Program Management Office (PMO) was invited to a meeting of the
CLEBM;
WHEREAS, under
the auspices of the PMO, the CLEBM conducted four (4) regional
round-table
discussions with the law deans, professors, the students and members of
the Integrated Bar of he Philippines for (a) the National Capital
Region,
at Manila Diamond Hotel on 19 November 2003; (b) Mindanao, at the Grand
Regal Hotel Davao City on 23 January 2004; (c) the Visayas, at the
Montebello
Hotel in Cebu City on January 2004; and (d) Luzon, at the Pan Pacific
Hotel
in Manila on 6 February 2004.
WHEREAS, in a
Special Meeting of the CLEBM at the Pan Pacific Hotel on 23 April 2004,
the Committee heard the views of Ms. Erica Moeser, the Chief Executive
Officer and President of the National Conference of Board Examiners in
the United States of America on a number of proposed bar reforms;
WHEREAS, the CLEBM,
after extensive deliberation and consultation, has arrived at certain
recommendations
for consideration by the Supreme Court and submitted its report , dated
21 May 2004, to the Court en banc;
NOW, THEREFORE,
the Court, sitting en banc, hereby RESOLVES to approve and adopt the
following
Bar Examination Reforms:chanroblesvirtuallawlibrary
A. For implementation
within one (1) up to two (2) years:chanroblesvirtuallawlibrary
1.
Initial determination by the Chairman of admission to the bar
examinations
of candidates (on the merits of the each case) to be passed upon by the
Court en banc.
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2.
Submission
by law deans of a certification that a candidate has no derogatory
record
in school and, if any, the details and status thereof.
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3.
Disqualification
of a candidate after failing in three (3) examinations, provided, that
he may take a fourth and fifth examination if he successful completes a
one (1) year refresher course for each examination; provided, further,
that upon the effectivity of this Resolution, those who have already
failed
in five (5) or more bar examinations shall be allowed to take only one
(1) more bar examination after completing (1) year refresher course.
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4.
Promulgation
of disciplinary measures for those involved in (a) attempts to violate
or vitiate the integrity and confidentiality of the bar examination
process;
(b) improper conduct during the bar examination; and (c) improper
conduct
of "bar examinations."
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5.
Disqualification
of a Bar Examination Chairperson:chanroblesvirtuallawlibrary
a.
kinship with an examinee who is his or her spouse or relative within
the
third civil degree of consanguinity;
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b.
having
a member of his or her office staff as an examinee, or when the spouse
or child of such staff member is an examinee; and
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c.
being
a member of the governing board, faculty or administration of a law
school.
6.
Desirable qualifications of Examiners:chanroblesvirtuallawlibrary
a.
membership in good standing in the Philippine Bar;
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b.
competence
in the assigned subject;
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c.
a teacher
of the subject or familiarity with the principles of test construction;
and
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d.
commitment
to check test papers personally and promptly pending the creation and
organization
of the readership panels provided for in item B (6) below.
7.
Disqualifications of Examiners:chanroblesvirtuallawlibrary
a.
kinship with an examinee who is his or her spouse or relative within
the
third civil degree of consanguinity or affinity;
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b.
having
a member of his or her office staff as an examinee; or when the spouse
or child of such staff member is an examinee;
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c.
being
a member of the governing board, faculty or administration of a law
school;
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d.
teaching
or lecturing in any law school, institution or review center during the
particular semester following the bar examinations;
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e.
having
any interest or involvement in any law school, bar review center or
group;
and
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f.
suspension
or disbarment from the practice of law or the imposition of any other
serious
disciplinary sanction.
8.
Personal
preparation, by handwriting or using a typewriter, of fifty (50) main
questions,
excluding subdivisions, and their submission to the Chairperson in
sealed
envelope at least forty-five (45) days before the schedule examination
on any particular subject; examiners should not use computers in
preparing
questions;
9.
Apportionment of examination questions among the various topics covered
by the subject;
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10.
Burning
and shredding of rough drafts and carbon papers used in the preparation
of questions or in any other act connected with such preparation;
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11.
Publication
of names of candidates admitted to take the bar examinations;
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12.
Disqualification
of a candidate who obtains a grade below 50% in any subject;
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13.
Fixing
at June 30 of the immediately preceding year as the cut-off date for
laws
and Supreme Court decisions and resolutions to be included in the bar
examinations;
and
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14.
Consideration
of suggested answers to bar examinations questions prepared by the U.P.
Law Center and submitted to the Chairperson.
B.
For implementation
within two (2) years up to five (5) years:chanroblesvirtuallawlibrary
1.
Adoption of objective multiple-choice questions for 30% to 40% of the
total
number of questions;
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2.
Formulation
of essay test questions and "model answers" as part of the calibration
of test papers;
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3.
Introduction
of performance testing by way of revising and improving the essay
examination;
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4.
Designation
of two (2) examiners per subject depending on the number of examinees;
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5.
Appointment
of a tenured Board of Examiners with an incumbent Supreme Court Justice
as Chairperson;
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6.
Creation
and organization of readership panels for each subject area to address
the issue of bias or subjectivity and facilitate the formulation of
test
questions and the correction of examination booklets; and
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7.
Adoption
of the calibration method in the correction of essay questions to
correct
variations in the level of test standards.
C.
For implementation
within five (5) years and beyond is the further computerization or
automation
of the bar examinations to facilitate application, testing, and
reporting
procedures.
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D.
Items
not covered by this resolution, such as those that pertain to a
possible
review of the coverage and relative weights of the subjects of the bar
examinations, are maintained.
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E.
For
referral to the Legal Education Boards:chanroblesvirtuallawlibrary
1.
Accreditation and supervision of law schools.
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2.
Inclusion
of a subject on clinical legal education in the law curriculum,
including
an apprenticeship program in the Judiciary, prosecution service, and
law
offices.
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3.
Imposition
of sanctions on law schools that fail to meet the standards as may be
prescribed
by the Legal Education Board.
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4.
Mandatory
Law School Admission Test.
This
resolution shall
take effect on the fifteenth day of July 2004, and shall be published
in
two newspapers of general circulation in the Philippines.
Promulgated this
8th day of June 2004.
(Sgd.)
HILARIO
G. DAVIDE, JR.
Chief.
Justice
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REYNATO
S.
PUNO
(Sgd.) JOSE C. VITUG
Associate
Justice
Associate Justice chanrobles
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ARTEMIO
V.
PANGANIBAN
(Sgd.) LEONARDO A. QUISUMBING
Associate
Justice
Associate Justice chanrobles
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CONSUELO
YNARES-SANTIAGO (Sgd.)
ANGELINA
SANDOVAL-GUTIERREZ
Associate
Justice
Associate Justicechanrobles
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ANTONIO
T.
CARPIO
(Sgd.) MA. ALICIA AUSTRIA-MARTINEZ
Associate
Justice
Associate Justice chanrobles
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leave)
RENATO C.
CORONA
(Sgd.) CONCHITA CARPIO-MORALES
Associate
Justice
Associate Justicechanrobles
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ROMEO
J. CALLEJO,
SR.
(Sgd.) ADOLFO S. AZCUNA
Associate
Justice
Associate Justice
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DANTE
O. TINGA
Associate
Justice
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