LEGAL PROFESSION JUSTICE COSICO

MIDTERMS TIPS

1. Four contributions of the Supreme Court to improve legal education.

The contributions of the Supreme Court to improve legal education, are the following:
1) Revision of the Rules of Court;
2) Creation of the Philippine Judicial Academy;
3) Adoption of the Code of Professional Responsibility;
4) Adoption of the New Judicial Conduct; and
5) Adoption of the Code of Judicial Conduct and Code of Conduct for Court Employees.

2. Agency of the Supreme Court which has supervision and control over law schools all over the
Philippines.
Legal Education Board (LEB) is the agency of the Supreme Court which has supervision and control over
law school all over the Philippines.

3. Year when legal education started in the Philippines; in what university?

The legal education started in Academic Year 1733-1744 at the University of Sto. Tomas, Faculties of
Civil Law and Canon Laws.

4. Bar exam subjects.

The following are the eight bar exam subjects:
1) Political and International Law;
2) Criminal Law;
3) Civil Law;
4) Legal and Judicial Ethics;
5) Commercial Law;
6) Remedial Law;
7) Labor Law; and
8) Taxation Law.

5. How should the type of questions in the bar exam be framed?

The type of questions in the Bar exam must be framed in such a way that it must test a students ability
to reason. They must also seek out the candidates understanding of the fundamental philosophy behind
the law, his appreciation of its effects on human values and his ability to weigh the sometimes
conflicting interests of the individual and society.

6. Define legal education.

Legal education is generally understood to mean the special training that goes into the making of a
lawyer but it has long been recognized that this education does not end with admission to the bar.

7. The three levels of education.

The three levels of legal education are:
1) Legal education of the people;
2) Legal education as professional training; and
3) Continuing legal education.

HCG
8. What does legal education at the second level consist of?
The legal education at the second level consists of the legal education proper (such as clinical legal
education and legal apprenticeship).

9. Examples of legal education at the second level.

Clinical legal education and legal apprenticeship.

10. What kind of legal work does clinical legal education afford to law students?
Clinical legal education affords law students with opportunity to participate in legal work through the
interviewing of clients, counselling, investigation; limited appearance in lower courts and administrative
agencies; it acquaints them with real problems; and it gives them the opportunity to extend legal
assistance to poor litigants.

11. In legal apprenticeship, what kind of legal work does the students do?
Legal apprenticeship is now a part of the law courses, where students act as law clerks in lower courts.

12. State the lyrics of the Alma Mater Hymn.

Bedan Hymn

Herald the Bedans coming

May their fellowship never cease

Molded by bold, undaunted men
Of prayer, work and peace.

Through the carefree days of our childhood

And the visions of our youth
You gave us the wisdom of Benedicts soul
Faith in God and love of the truth.

When we encounter trials and hardships

We shall give you honor and fame
For nothing but these show our loyalty clear
To our Alma Maters name.

Bring out the challenges, well win them all

And fear neither fire nor blood;
Bedans will answer the clarion call

For San Beda, our country and God.

ASSIGNMENT #1

1. When was legal profession introduced for the first time as a first year law subject?
1990

HCG
2. What are the two other law subjects closely related to Legal Profession introduced for the first
time in 1990?
Legal Counseling and Problem Areas in Legal Ethics.

3. What is the paramount objective in the introduction of these subjects?

To stress the moral responsibility of a lawyer in relation to his client, the court, the bar and the
community. This is but proper since ethics is the bedrock of the profession.

4. What does the acts of a private law practitioner involve? Explain your answer.
The acts of private law practitioner involve public concerns. His pleadings and memoranda in court are
part of the public records. The documents he drafts as a notary public become public documents. In
fine, all acts of a lawyer in the performance of his function involve public matters.

5. Why does the law profession require continuous study if law?

The law student must read volumes of textbooks, statutes and judicial decisions. Upon graduation, he
has to prepare for the bar by taking up a 5-month pre-bar review course. If he successfully hurdles the
bar exams and is admitted to the bar, he has to read recent decisions of the Supreme Court and recent
legislative acts affecting the legal profession.

6. Give four contributions of the Supreme Court to improve legal education in the Philippines?
The contributions of the Supreme Court to improve legal education, are the following:
1) Revision of the Rules of Court;
2) Creation of the Philippine Judicial Academy;
3) Adoption of the Code of Professional Responsibility;
4) Adoption of the New Judicial Conduct; and
5) Adoption of the Code of Judicial Conduct and Code of Conduct for Court Employees.

7. What year did legal education start in the Philippines?

AY 1733-1734 at the University of Sto. Tomas.

8. After 178 long years, what university continued the legal education in the Philippines?
After 178 long years, UP College of Law was established on January 12, 1911 upon the foundations of
the school set up by Justice George Malcolm, an American jurist.

9. What are the bar exam subjects?

The following are the eight bar exam subjects:
1) Political and International Law;
2) Criminal Law;
3) Civil Law;
4) Legal and Judicial Ethics;
5) Commercial Law;
6) Remedial Law;
7) Labor Law; and
8) Taxation Law.

10. What expanded activities were introduced in the curriculum of some law schools?
Clinical activities, principally legal aid services, internship in law offices, courts and government agencies
have now been introduced in the curriculum of some law schools.

HCG
11. What was the passing rate of the bar exam before 1957?
1946-1956: 27%-75%.

12. What was the passing rate of the bar exam at present?
1957-present: 20%-30%.

13. Does the bar exam retain its validity as gauge of ones fitness to gain admission to the Philippine
bar?
No.

14. Should the bar questions test the power of analysis of the examinee or his power to memorize?
The bar questions should test the power of analysis of the examinee rather than his power to memorize.
Bar examiners should limit objective questions. They should not ask theoretical questions but should ask
more practical questions.

15. Should the bar exams be abolished? Is there a feasible alternative compatible with the goals of
legal education?
The bar exam may not be abolished now but it can stand a lot of improvement. The following are
recommendations on how to improve the quality of the legal education system and the quality of our
lawyers:
1) Transfer of administrative supervision over law schools to a Committee composed of
representatives of the Supreme Court, Dep Ed, the law schools, the IBP, and the public sector;
2) Revert to the two year pre-law course;
3) Revision of the curriculum as to make it more relevant and responsive to the needs of society and to
better equip the student for the multifarious demands of the profession.
4) The bar exam should not be abolished while a more practicable alternative has not yet been devised
compatible with the goals of legal education. Guidelines should formulated with a view to testing
the intellectual capability and powers of analysis of the examinee.

ASSIGNMENT #2
1. How should the type of questions in the bar exam be framed?
The type of questions in the Bar exam must be framed in such a way that it must test a students ability
to reason. They must also seek out the candidates understanding of the fundamental philosophy behind
the law, his appreciation of its effects on human values and his ability to weigh the sometimes
conflicting interests of the individual and society.

2. Do you think that the bar subjects should be reduced in order to give way to the introduction of
electives in the law curriculum?
a) What bar subjects should be abolished and what subjects should be introduced as elective
subjects?

HCG
3. What is your concept of legal education?
Legal education is generally understood to mean the special training that goes into the making of a
lawyer but it has long been recognized that this education does not end with admission to the bar.

4. What are the three levels of legal education?

The three levels of legal education are:
4) Legal education of the people;
5) Legal education as professional training; and
6) Continuing legal education.

5. What does legal education at first level consist of?

The IBP has specified the areas of legal education at this level, namely, legal rights and obligations,
preventive legal advice, and the true function of a lawyer.

6. Give examples of legal education at the second level.

Clinical legal education and legal apprenticeship.

7. What kinds of legal work does clinical education afford to law students?
Clinical legal education affords law students with opportunity to participate in legal work through the
interviewing of clients, counselling, investigation; limited appearance in lower courts and administrative
agencies; it acquaints them with real problems; and it gives them the opportunity to extend legal
assistance to poor litigants.

8. In legal apprenticeship, what kind of legal work does the student act?
Legal apprenticeship is now a part of the law courses, where students act as law clerks in lower courts.

9. Continuing legal education at the third level was undertaken by what University?
UP Law Center, now PHILJA

a) What agency of the Supreme Court has undertaken the job of continuing legal education?
IBP & Division of Continuing Legal Education of UP Law Center.

10. What formidable challenge does continuing legal education present to the changing times?
Dimension of educational objectives.

ASSIGNMENT #3

1. What are the two branches of the legal education in England and Wales as well as I Scotland and
North Ireland?
In England and Wales, the legal profession is divided into two branches, namely solicitors and barristers.
There is a similar division of the legal profession in Scotland and Northern Ireland but their legal systems
are distinct and the training, control and discipline of their lawyers are entirely independent of the
profession in England.

HCG
2. Distinguish Solicitors and Barristers.
Barristers are the Inns of Court. Judges delegate the control of the education, administration and
discipline of advocates. The bar has by convention no right of direct access to the client; the client can
only approach, consult or instruct a barrister through a solicitor.
Unlike solicitor who may practice in partnership, a barrister must work as an individual.

3. What is the central representative organization of the barristers since 1894 and what is the
function of such organization?
The General Council of the Bar comprised of the Attorney-General and Solicitor-General for the time
being, former holders of those offices, 48 barristers (of varying seniority) elected by the whole body of
the bar and not more than 6 members coopted by the Council, has been a central representative
organization of barristers since 1894 The Council is a consultative and deliberative body. Its Annual
Statement contains rulings on matters of professional conduct and etiquette but it has no disciplinary
powers of enforcement nor has it control over the education and admission of bar students.

4. What should a person wishing to be called to the bar do?

A person wishing to be called to the bar must join one of the Inns of Court.

5. What are the four Inns of the Court?

Lincolns Inn, the Inner Temple, the Middle Temple, and Grays Inn

6. What are the other requirements?

He must pass a test of general education and must fulfill certain conditions of fitness and respectability.
He must also keep a certain number of terms (generally 12) which involves nothing more than dining in
hall on a number of days in each term, 4 terms a year and he must pass a qualifying exam of a largely
theoretical nature. Solicitors must be British subjects while barristers may be of any nationality.

7. What are the two ranks dividing the bar?

Queens Counsel who wear silk gowns and are called Silks or Leaders; and all other barristers who
are called Juniors.

8. Who recommends the Queens Counsel preliminary to elevation to the judiciary?

Lord Chancellor.

9. Who undertakes certain work such as settling pleadings?

Juniors.

10. What is the main classification of practicing barrister?

The main classification of practicing barrister is into the Chancery and Common Law Bars. Any barrister
can undertake work in any division.

11. How many circuits are there outside London and who are members of a circuit?
There are 8 circuits outside London each of which has its own bar. A barrister belongs to one circuit and
a barrister who is not a member of the circuit cannot hold a brief upon it unless he is paid a special fee
in addition to his normal brief fee and unless a member of the circuit is briefed with him.

12. What is the governing body of the solicitors profession?

The Law Society.

HCG
13. Enumerate the necessary training for a solicitor as laid down by Parliament through statute.
The intending solicitor is required to pass a preliminary exam in general knowledge, an intermediate and
a final exam in law, and an exam in bookkeeping and trust accounts. Before he can enter into articles, he
must get the consent of and must satisfy the Law Society of his character, suitability and fitness to do so.

14. In what organization does Parliament place the management and control of eliminations for
solicitor?
The Law Society.

15. What powers are granted to the Law Society?

The Law Society is empowered to make regulations governing syllabus, appointment of examiner and
kindred matters.

16. Who approves the regulation issued by the Law Society? What is the effect of the objection of any
of the two?
Master of the Rolls, the Lord Chancellor and the Lord Chief Justice.

17. What is the requirement before the articled clerk can take final exam?
The articled clerk must have attended a course of legal education at the law school approved by the Law
Society.

18. What is the duration of the required course of legal education?

One year, either part-time at the approved law school or full time at the Law Societys School of Law.

19. After qualification, what is the requirement before a solicitor is allowed to practice?
A solicitor must take an annual practicing certificate or license.

20. Which organization is directed by the Parliament to make rues with the money accounts kept by
the solicitors?
The Law Society.

21. What is the governing rule regarding monies in trust?

All clients monies or monies in trust where the solicitor is a sole trustee, which are held by a solicitor,
must be kept in a bank entirely apart from the solicitors own monies and the solicitor must keep
adequate books of account to enable clients monies at all times to be distinguished from the solicitors
own money.

22. What is required to ensure compliance?

Each practicing solicitor is required to submit annually to the Law Society, a certificate signed by a
member of one of the recognized accountancy bodies to the effect that the rules have been complied
with.

23. What is the fountainhead of the legal profession?

Legal education.

HCG
24. What are the three major legal systems that meet in the Philippines?
Roman Civil Law and Canon Law introduced through Spain, English Common Law through the United
States and Islamic Law from Islamic part of the world.

25. Define legal education.

Legal education refers to the formal training which goes into the making of a lawyer.

26. Which has taken over the continuing legal education of the judiciary?
PhilJA.

HCG