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BAR MATTER NO. 1161[June 08, 2004]

RE:PROPOSED REFORMS IN THE BAR EXAMINATIONS

RESOLUTIONON

REFORM IN THE BAR EXAMINATIONS

WHEREAS, pursuant to its Constitutional authority to promulgate rules concerning theadmission to the practice of law, the Supreme Court en banc item in its Resolution of 21March 2000, created a "Special Study Group on Bar Examination Reforms" to conduct studieon steps to further safeguard the integrity of the Bar Examinations and to make them effectivtools in measuring the adequacy of the law curriculum and the quality of the instruction giveby law schools;

WHEREAS, the Special Study Group, with Philippine Judicial Academy (PHILJA) ChancellorJustice Ameurfina A. Melencio-Herrera as a chairperson and retired Justice Jose Y. Feria anretired Justice Camilo D. Quiason as members, submitted to the Supreme Court its FinalReport, dated 18 September 2000, containing its findings and recommendations;

WHEREAS, on 21 August 2001, the Supreme Court en banc referred, for further study, reportand recommendation, the Final Report of the Special Study Group to the Committee on LegaEducation and Bar Matters (CLEBM) headed by Justice Jose C. Vitug;

WHEREAS, in connection with the discussion on the proposed reforms in the barexaminations, Justice Vicente V. Mendoza, then a Member of the CLEBM, submitted a Paper,entitled "Toward Meaningful Reforms in the Bar Examination" with a Primer, proposingstructural and administrative reforms, changes in the design and construction of questions,and the methodological reforms concerning the marking and grading of the essay questionsin the bar examinations;

WHEREAS, proposals and comments were likewise received from the Integrated Bar of thePhilippines, the Philippine Association of Law Schools, the Philippine Association of LawProfessors, the Commission on Higher Education, the University of the Philippines College oLaw, Arellano Law Foundation, the Philippine Lawyers Association, the Philippine BarAssociation and other prominent personalities from the Bench and the Bar;

WHEREAS, considering her Memorandum to the Chief Justice on "Proposed TechnicalAssistance Project on Legal Education," dated 27 February 2003, Program Director EvelynToledo-Dumdum of the Program Management Office (PMO) was invited to a meeting of theCLEBM;

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 IntegrateBar of he Philippines for (a) the National Capital Region, at Manila Diamond Hotel on 19November 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 PanPacific Hotel in Manila on 6 February 2004.

WHEREAS, in a Special Meeting of the CLEBM at the Pan Pacific Hotel on 23 April 2004, theCommittee heard the views of Ms. Erica Moeser, the Chief Executive Officer and President o

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the National Conference of Board Examiners in the United States of America on a number ofproposed bar reforms;

WHEREAS, the CLEBM, after extensive deliberation and consultation, has arrived at certainrecommendations for consideration by the Supreme Court and submitted its report , dated 2May 2004, to the Court en banc;

NOW, THEREFORE, the Court, sitting en banc, hereby RESOLVES to approve and adopt thefollowing Bar Examination Reforms:

A. For implementation within one (1) up to two (2) years:

1. Initial determination by the Chairman of admission to the bar examinations ofcandidates (on the merits of the each case) to be passed upon by the Court enbanc.chanrobles virtual law library2. Submission by law deans of a certification that a candidate has no derogatoryrecord in school and, if any, the details and status thereof.chanrobles virtual law library

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 theeffectivity of this Resolution, those who have already failed in five (5) or more barexaminations shall be allowed to take only one (1) more bar examination aftercompleting (1) year refresher course.chanrobles virtual law library

4. Promulgation of disciplinary measures for those involved in (a) attempts toviolate 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."chanrobles virtual law library

5. Disqualification of a Bar Examination Chairperson:

a. kinship with an examinee who is his or her spouse or relativewithin the third civil degree of consanguinity;chanrobles virtual law library

b. having a member of his or her office staff as an examinee, orwhen the spouse or child of such staff member is an examinee; andchanrobles virtual law library

c. being a member of the governing board, faculty or administrationof a law school.

6. Desirable qualifications of Examiners:

a. membership in good standing in the Philippine Bar;chanrobles virtual law library

b. competence in the assigned subject;chanrobles virtual law library

c. a teacher of the subject or familiarity with the principles of testconstruction; andchanrobles virtual law library

d. commitment to check test papers personally and promptlypending the creation and organization of the readership panelsprovided for in item B (6) below.

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7. Disqualifications of Examiners:

a. kinship with an examinee who is his or her spouse or relativewithin the third civil degree of consanguinity or affinity;chanrobles virtual law library

b. having a member of his or her office staff as an examinee; orwhen the spouse or child of such staff member is an examinee;chanrobles virtual law library

c. being a member of the governing board, faculty or administrationof a law school;chanrobles virtual law library

d. teaching or lecturing in any law school, institution or reviewcenter during the particular semester following the bar examinations;chanrobles virtual law library

e. having any interest or involvement in any law school, bar reviewcenter or group; andchanrobles virtual law library

f. suspension or disbarment from the practice of law or theimposition 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 insealed envelope at least forty-five (45) days before the schedule examination onany particular subject; examiners should not use computers in preparingquestions;

9. Apportionment of examination questions among the various topics covered bythe subject;chanrobles virtual law library

10. Burning and shredding of rough drafts and carbon papers used in thepreparation of questions or in any other act connected with such preparation;chanrobles virtual law library

11. Publication of names of candidates admitted to take the bar examinations;chanrobles virtual law library

12. Disqualification of a candidate who obtains a grade below 50% in anysubject;chanrobles virtual law library

13. Fixing at June 30 of the immediately preceding year as the cut-off date forlaws and Supreme Court decisions and resolutions to be included in the barexaminations; andchanrobles virtual law library

14. Consideration of suggested answers to bar examinations questions preparedby the U.P. Law Center and submitted to the Chairperson.

B. For implementation within two (2) years up to five (5) years:

1. Adoption of objective multiple-choice questions for 30% to 40% of the total

number of questions;chanrobles virtual law library2. Formulation of essay test questions and "model answers" as part of thecalibration of test papers;chanrobles virtual law library

3. Introduction of performance testing by way of revising and improving theessay examination;chanrobles virtual law library

4. Designation of two (2) examiners per subject depending on the number ofexaminees;chanrobles virtual law library

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5. Appointment of a tenured Board of Examiners with an incumbent SupremeCourt Justice as Chairperson;chanrobles virtual law library

6. Creation and organization of readership panels for each subject area toaddress the issue of bias or subjectivity and facilitate the formulation of testquestions and the correction of examination booklets; andchanrobles virtual law library

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 orautomation of the bar examinations to facilitate application, testing, and reporting procedurechanrobles virtual law library

D. Items not covered by this resolution, such as those that pertain to a possible review of thcoverage and relative weights of the subjects of the bar examinations, are maintained.chanrobles virtual law library

E. For referral to the Legal Education Boards:

1. Accreditation and supervision of law schools.chanrobles virtual law library

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.chanrobles virtual law library3. Imposition of sanctions on law schools that fail to meet the standards as maybe prescribed by the Legal Education Board.chanrobles virtual law library

4. Mandatory Law School Admission Test.

This resolution shall take effect on the fifteenth day of July 2004, and shall be published in twnewspapers of general circulation in the Philippines.

Promulgated this 8th day of June 2004.

(Sgd.) HILARIO G. DAVIDE, JR.Chief. Justice

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(Sgd.) REYNATO S. PUNO (Sgd.) JOSE C. VITUGAssociate Justice Associate Justice


(Sgd.) ARTEMIO V. PANGANIBAN (Sgd.) LEONARDO A. QUISUMBINGAssociate Justice Associate Justice


(Sgd.) CONSUELO YNARES-SANTIAGO (Sgd.) ANGELINA SANDOVAL-GUTIERREZAssociate Justice Associate Justice

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(Sgd.) ANTONIO T. CARPIO (Sgd.) MA. ALICIA AUSTRIA-MARTINEZAssociate Justice Associate Justice


(On leave) RENATO C. CORONA (Sgd.) CONCHITA CARPIO-MORALESAssociate Justice Associate Justice


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(Sgd.) ROMEO J. CALLEJO, SR. (Sgd.) ADOLFO S. AZCUNAAssociate Justice Associate Justice


(Sgd.) DANTE O. TINGAAssociate Justice

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