[B.M. No. 1161. June 8, 2004] RE: PROPOSED REFORMS IN THE BAR E AMINATIONS EN BAN!

RESO"#TION ON REFORMS IN THE BAR E AMINATIONS 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 !amination Reforms" to "conduct studies on steps to further safeguard the integrity of the Bar !aminations and to ma"e them effecti#e tools in measuring the ade$uacy of the law curriculum and the $uality of the instruction gi#en %y law schools"& WHEREAS, the Special Study Group, with 'hilippine (udicial )cademy *'+,-(). Chancellor (ustice )meurfina )/ Melencio0+errera as chairperson and retired (ustice (ose 1/ 2eria and retired (ustice Camilo 3/ 4uiason as mem%ers, su%mitted to the Supreme Court its 2inal Report, dated 15 Septem%er 2000, containing its findings and recommendations& WHEREAS, on 21 )ugust 2001, the Supreme Court en banc referred, for further study, report and recommendation, the 2inal Report of the Special Study Group to the Committee on -egal ducation and Bar Matters *C- BM. headed %y (ustice (ose C 6itug& WHEREAS, in connection with the discussions on the proposed reforms in the %ar e!aminations, (ustice 6icente 6/ Mendo7a, then a Mem%er of the C- BM, su%mitted a 'aper, entitled "Toward Meaningful Reforms in the Bar Examinations" with a 'rimer, proposing structural and administrati#e reforms, changes in the design and construction of $uestions, and methodological reforms concerning the mar"ing and grading of the essay $uestions in the %ar e!aminations& WHEREAS, proposals and comments were li"ewise recei#ed from the ,ntegrated Bar of the 'hilippines, the 'hilippine )ssociation of -aw Schools, the 'hilippine )ssociation of -aw 'rofessors, the Commission on +igher ducation, the 8ni#ersity of the 'hilippines College of -aw, )rellano -aw 2oundation, the 'hilippine -awyers )ssociation, the 'hilippine Bar )ssociation and other prominent personalities from the Bench and the Bar& WHEREAS, considering her Memorandum to the Chief (ustice on 9'roposed :echnical )ssistance 'ro;ect on -egal ducation,< dated 2= 2e%ruary 200>, 'rogram 3irector #elyn :oledo03umdum of the 'rogram Management ?ffice *'M?. was in#ited to a meeting of the C- BM& WHEREAS, under the auspices of the 'M?, the C- BM conducted four *@. regional round0ta%le discussions with law deans, professors, students and mem%ers of the ,ntegrated Bar of the 'hilippines for *a. the Aational Capital Region, at Manila 3iamond +otel on 1B Ao#em%er 200>& *%. Mindanao, at the Grand Regal +otel in 3a#ao City on 2> (anuary 200@& *c. the 6isayas, at the Monte%ello +otel in Ce%u City on >0 (anuary 200@& and *d. -u7on, at the 'an 'acific +otel in Manila on C 2e%ruary 200@/

WHEREAS, in a Special Meeting of the C- BM at the 'an 'acific +otel on 2> )pril 200@, the Committee heard the #iews of Ms rica Moeser, the Chief !ecuti#e ?fficer and 'resident oft the Aational Conference of Board !aminers in the 8nited States of )merica on a num%er of proposed %ar reforms& WHEREAS, the C- BM, after e!tensi#e deli%eration and consultation, has arri#ed at certain recommendations for consideration %y the Supreme Court and su%mitted its report, dated 21 May 200@, to the Court en banc; NOW, THEREFORE, the Court, sitting en banc, here%y RESOL ES to appro#e and adopt the following Bar !amination ReformsD RE: PROPOSED REFORMS IN THE BAR EXAMINATIONS A. Fo$ %&'(e&en)*)%on +%),%n one -1. u' )o )+o -2. /e*$0:
1/ ,nitial determination %y the Chairman of admission to the %ar e!aminations of candidates *on the merits of each case. to %e passed upon %y the Court en banc! Su%mission %y law deans of a certification that a candidate has no derogatory record in school and, it any, the details and status thereof/ 3is$ualification of a candidate after failing in three *>. e!aminations, pro#ided, that he may ta"e a fourth and fifth e!amination it he successfully completes a one *1. year refresher course for each e!amination& pro#ided further, that upon the effecti#ity of this Resolution, those who ha#e already failed in fi#e *E. or more %ar e!aminations shall %e allowed to ta"e only one *1. more %ar e!amination after completing a one *1. year refresher course/

2/ >/

@/ 'romulgation of disciplinary measures for those in#ol#ed in *a. attempts to #iolate or #itiate the integrity and confidentiality of the %ar e!amination process& *%. improper conduct during the %ar e!aminations& and *c. improper conduct of "%ar operations/" E/ 3is$ualifications of a Bar !amination ChairpersonD *a. "inship with an e!aminee who is his or her spouse or relati#e within the third ci#il degree of consanguinity& *%. ha#ing a mem%er of his or her office staff as an e!aminee& or when the spouse or child of such staff mem%er is an e!aminee& and *c. %eing a mem%er of the go#erning %oard, faculty or administration of a law school/ C/ 3esira%le $ualifications of !aminersD *a. mem%ership in good standing in the 'hilippine Bar& *%. competence in the assigned su%;ect& *c. a teacher of the su%;ect or familiarity with the principles of test construction& and *d. commitment to chec" test papers personally and promptly pending the creation and organi7ation of the readership panels pro#ided for in item B*C. %elow/ =/ 3is$ualifications of !aminersD *a. "inship with an e!aminee who is his or her spouse or relati#e within the third ci#il degree of consanguinity or affinity&

*%. ha#ing a mem%er of his or her office staff as an e!aminee, or when the spouse or child of such staff mem%er is an e!aminee& *c. %eing a mem%er of the go#erning %oard, faculty or administration of a law school& *d. teaching or lecturing in any law school, institution or re#iew center during the particular semester and in the ne!t semester following the %ar e!amination& *e. ha#ing any interest or in#ol#ement in any law school, %ar re#iew center or group& and *f. suspension or dis%arment from the practice of law or the imposition of any other serious disciplinary sanction/ 5/ 'ersonal preparation, %y handwriting or using a typewriter, of fifty *E0. main $uestions, e!cluding su%di#isions, and their su%mission to the Chairperson in a sealed en#elope at least forty0fi#e *@E. days %efore the scheduled e!amination on any particular su%;ect& e!aminers should not use computers in preparing $uestions& B/ )pportionment of e!amination $uestions among the #arious topics co#ered %y the su%;ect&

10/ Burning and shredding of rough drafts and car%on papers used in the preparation of $uestions or in any other act connected with such preparation& 11/ 'u%lication of names of candidates admitted to ta"e the %ar e!aminations&

12/ 3is$ualification of a candidate who o%tains a grade %elow E0F in any su%;ect& 1>/ 2i!ing at (une >0 of the immediately preceding year as the cut0off date for laws and Supreme Court decisions and resolutions to %e included in the %ar e!aminations& and 1@/ Consideration of suggested answers to %ar e!amination $uestions prepared %y the 8/ '/ -aw Center and su%mitted to the Chairperson/

B. Fo$ %&'(e&en)*)%on +%),%n )+o -2. /e*$0 u' )o 1%2e -3. /e*$0:
1/ )doption of o%;ecti#e multiple0choice $uestions for >0F to @0F of the total num%er of $uestions& 2/ 2ormulation of essay test $uestions and 9model answers" as part of the cali%ration of test papers& >/ ,ntroduction of performance testing %y way of re#ising and impro#ing the essay e!amination& @/ 3esignation of two *2. e!aminers per su%;ect depending on the num%er of e!aminees& E/ )ppointment of a tenured Board of Supreme Court (ustice as Chairperson& !aminers with an incum%ent

C/ Creation and organi7ation of readership panels for each su%;ect area to address the issue of %ias or su%;ecti#ity and facilitate the formulation of test $uestions and the correction of e!amination %oo"lets& and =/ )doption of the cali%ration method m the correction of essay $uestions to correct #ariations in the le#el of test standards/

!. Fo$ %&'(e&en)*)%on +%),%n 1%2e -3. /e*$0 *n4 5e/on4 %0 ),e 1u$),e$ 6o&'u)e$%7*)%on o$ *u)o&*)%on o1 ),e 5*$ e8*&%n*)%on0 )o 1*6%(%)*)e *''(%6*)%on, )e0)%n9, *n4 $e'o$)%n9 '$o6e4u$e0. D. I)e&0 no) 6o2e$e4 5/ ),%0 $e0o(u)%on, 0u6, *0 ),o0e ),*) 'e$)*%n )o * 'o00%5(e $e2%e+ o1 ),e 6o2e$*9e *n4 $e(*)%2e +e%9,)0 o1 ),e 0u5:e6)0 o1 ),e 5*$ e8*&%n*)%on0, *$e &*%n)*%ne4. E. Fo$ $e1e$$*( )o ),e "e9*( E4u6*)%on Bo*$4:
1/ )ccreditation and super#ision of law schools/ 2/ ,nclusion of a su%;ect on clinical legal education in the law curriculum, including an apprenticeship program in the (udiciary, prosecution ser#ice, and law offices/ >/ ,mposition of sanctions on law schools that fail to meet the standards as may %e prescri%ed %y the -egal ducation Board/ @/ Mandatory -aw School )dmission :est/

:his resolution shall ta"e effect on the fifteenth day of (uly 200@, and shall %e pu%lished in two newspapers of general circulation in the 'hilippines/ 'romulgated this 5th day of (une 200@/ "a#ide, $r!, %!$!, &uno, itug, &anganiban, 'uisumbing, (nares)Santiago, Sando#al)*utierre+, %ar,io, %ar,io)Morales, %alle-o, Sr!, .+cuna, and Tinga, $$!, concur/ .ustria)Martine+ and %orona, $$!, on lea#e/