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Republic of the Philippines

SUPREME COURT
Manila

NOTICE

Sirs/Mesdames:

Please take notice that the Court en banc issued a Resolution dated FEBRUARY 8, 2011, which
reads as follows:

"B.M. No. 2265 (Re: Letter of Justice Roberto A. Abad Proposing Changes for Improving the
Conduct of the Bar Examinations). - The Court Resolved to NOTE the Letter dated January 28, 2011
of Justice Roberto A. Abad re: Amendment to Section 11, Rule 138 of the Rules of Court (Annual
Examination), incident to the implementation of B.M. No. 2265 (Reforms in the 2011 Bar
Examinations).

The Court further Resolved to APPROVE the Amendment to Section 11, Rule 138 of the Rules of
Court, to wit:

"Section 11. Annual examination. - Examinations for admission to the bar of the Philippines shall
take place annually in the City of Manila. They shall be held in four days to be designated by the
chairman of the committee on bar examiners. The subjects shall be distributed as follows: First day:
Political and International Law, and Labor and Social Legislation (morning) and Taxation (afternoon);
Second day: Civil Law (morning) and Mercantile Law (afternoon); Third day: Remedial Law, and
Legal Ethics and Forums (morning) and Criminal Law (afternoon); Fourth day: Trial Memorandum
(morning) and Legal Opinion (afternoon)". (adv107)

Very truly yours,

(Sgd.)ENRIQUETA E. VIDAL
Clerk of Court

Honorable Roberto A. Abad (x)


Associate Justice and Chairperson
2011 Committee on Bar Examinations
Supreme Court

Atty. Ma. Cristina B. Layusa (x)


Deputy Clerk of Court and Bar Confidant
Supreme Court

The Lawphil Project - Arellano Law Foundation

Republic of the Philippines


SUPREME COURT
Manila
EN BANC

NOTICE

Sirs/Mesdames:

Please take notice that the Court en banc issued a Resolution dated JANUARY 18, 2011, which
reads as follows:

"B.M. No. 2265 (Re: Reforms in the 2011 Bar Examinations [Letter of Justice Roberto A. Abad
Proposing Changes for Improving the Conduct of the Bar Examinations]. Acting on the Letter dated
January 10, 2011 of Associate Justice Roberto A. Abad, proposing to move the 2011 Bar
Examinations from September to November, the Court Resolved to NOTE the said Letter and
GRANT the proposal of Justice Abad to MOVE the 2011 Bar Examinations from September to
November.

The Court further Resolved to

(a) NOTE the Letter dated September 2, 2010 of Justice Antonio Eduardo B. Nachura,
Chairperson, Committee on Legal Education and Bar Matters, recommending the final
approval by the Court En Banc of the proposed changes for improving the conduct of the bar
examinations by Justice Abad, inasmuch as the Court En Banc had provisionally approved
the proposals

(b) APPROVE the Reforms in the 2011 Bar Examinations, hereto attached as Annex "A";
and

(c) NOTE Resolution No. 12-991-2010 dated October 1, 2010 of the Sangguniang
Panlungsod ng Cebu, Cebu City Hall, praying anew that the Supreme Court, through the Bar
Committee will extend the venue of the Bar Examinations to Cebu City, and hold
simultaneous annual examinations in Manila and Cebu City." (adv14)

Very truly yours,

ENRIQUETA E. VIDAL
Clerk of Court

Republic of the Philippines


SUPREME COURT
Manila

EN BANC

B.M. No. 2265


RE: REFORMS IN THE 2011 BAR EXAMINATIONS

Preliminary Statement

The Court has found merit in the proposed changes in the conduct of the bar examinations that the
Chairperson of the 2011 Bar Examinations and Philippine Association of Law Schools
recommended.

One recommendation concerns the description of the coverage of the annual bar examinations that
in the past consisted merely of naming the laws that each subject covered. This description has
been regarded as too general and provides no specific understanding of the entry-level legal
knowledge required of beginning law practitioners.

A second recommendation addresses the predominantly essay-type of bar examinations that the
Court conducts. Because of the enormous growth of laws, doctrines, principles, and precedents, it
has been noted that such examinations are unable to hit a significant cross-section of the subject
matter. Further, the huge number of candidates taking the examinations annually and the limited
time available for correcting the answers make fair correction of purely essay-type examinations
difficult to attain. Besides, the use of multiple choice questions, properly and carefully constructed, is
a method of choice for qualifying professionals all over the world because of its proven reliability and
facility of correction.

A third recommendation opts for maintaining the essay-type examinations but dedicating these to
the assessment of the requisite communication skills, creativity, and fine intellect that bar candidates
need for the practice of law.

Approved Changes

The Court has previously approved in principle the above recommended changes. It now resolves to
approve the following rules that shall govern the future conduct of the bar examinations:

1. The coverage of the bar examinations shall be drawn up by topics and sub-topics rather
than by just stating the covered laws. The test for including a topic or sub-topic in the
coverage of the examinations is whether it covers laws, doctrines, principles and rulings that
a new lawyer needs to know to begin a reasonably prudent and competent law practice.

The coverage shall be approved by the Chairperson of the Bar Examination in consultation
with the academe, subject to annual review and re-approval by subsequent Chairpersons.

2. The bar examinations shall measure the candidate’s knowledge of the law and its
applications through multiple-choice-questions (MCQs) that are to be so constructed as to
specifically:

2.1. Measure the candidate’s knowledge of and ability to recall the laws, doctrines,
and principles that every new lawyer needs in his practice;

2.2. Assess the candidate’s understanding of the meaning and significance of those
same laws, doctrines, and principles as they apply to specific situations; and

2.3. Measure his ability to analyze legal problems, apply the correct law or principle
to such problems, and provide solutions to them.
3. The results of the MCQ examinations shall, if feasible, be corrected electronically.

4. The results of the MCQ examinations in each bar subject shall be given the following
weights:

Political Law — 15%

Labor Law — 10%

Civil Law — 15%

Taxation — 10%

Mercantile Law — 15%

Criminal Law — 10%

Remedial Law — 20%

Legal Ethics/Forms — 5%

5. Part of the bar examinations shall be of the essay-type, dedicated to measuring the
candidate’s skills in writing in English, sorting out the relevant facts in a legal dispute,
identifying the issue or issues involved, organizing his thoughts, constructing his arguments,
and persuading his readers to his point of view. The essays will not be bar subject specific.

5.1. One such essay examination shall require the candidate to prepare a trial
memorandum or a decision based on a documented legal dispute. (60% of essays)

5.2 Another essay shall require him to prepare a written opinion sought by a client
concerning a potential legal dispute facing him. (40% of essays)

6. The essays shall not be graded for technically right or wrong aswers, but for the quality of
the candidate’s legal advocacy. The passing standard for correction shall be work expected
of a beginning practitioner, not a seasoned lawyer.

7. The examiners in all eight bar subjects shall, apart from preparing the MCQs for their
respective subjects, be divided into two panels of four members each. One panel will grade
the memorandum or decision essay while the other will grade the legal opinion essay. Each
member shall read and grade the examination answer of a bar candidate independently of
the other members in his panel. The final grade of a candidate for each essay shall be the
average of the grades given by the four members of the panel for that essay.

8. The results of the a) MCQ and b) essay-type examinations shall be given weights of 60%
and 40%, respectively, in the computation of the candidate’s final grade.

9. For want of historical data needed for computing the passing grade in MCQ kind of
examinations, the Chairperson of the 2011 Bar
Examinations shall, with the assistance of experts in computing MCQ examination grades,
recommend to the Court the appropriate conversion table or standard that it might adopt for
arriving at a reasonable passing grade for MCQs in bar examinations.

10. In the interest of establishing needed data, the answers of all candidates in the essay-
type examinations in the year 2011 shall be corrected irrespective of the results of their MCQ
examinations, which are sooner known because they are electronically corrected. In future
bar examinations, however, the Bar Chairperson shall recommend to the Court the
disqualification of those whose grades in the MCQ are so low that it would serve no useful
purpose to correct their answers in the essay-type examinations.

11. Using the data and experience obtained from the 2011 Bar Examinations, future
Chairpersons of Bar Examination are directed to study the feasibility of:

11.1. Holding in the interest of convenience and economy bar examinations


simultaneously in Luzon, the Visayas, and Mindanao; and

11.2. Allowing those who pass the MCQ examinations but fail the essay-type
examinations to take removal examinations in the immediately following year.

12. All existing rules, regulations, and instructions that are inconsistent with the above are
repealed.

This Bar Matter shall take effect immediately, and shall be published in two newspapers of general
circulation in the Philippines.

January 18, 2011.

RENATO C. CORONA
Chief Justice

ANTONIO T. CARPIO CONCHITA CARPIO MORALES


Associate Justice Associate Justice

PRESBITERO J. VELASCO, JR. ANTONIO EDUARDO B. NACHURA


Associate Justice Associate Justice

TERESITA J. LEONARDO-DE
ARTURO D. BRION
CASTRO
Associate Justice
Associate Justice

DIOSDADO M. PERALTA LUCAS P. BERSAMIN


Associate Justice Associate Justice
MARIANO C. DEL CASTILLO ROBERTO A. ABAD
Associate Justice Associate Justice

MARTIN S. VILLARAMA, JR. JOSE CATRAL MENDOZA


Associate Justice Associate Justice

JOSE PORTUGAL PEREZ MARIA LOURDES P. A. SERENO


Associate Justice Associate Justice

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