Republic of the Philippines SUPREME COURT Manila BAR MATTER No.

1161 RE: PROPOSED REFORMS IN THE BAR EXAMINATIONS RESOLUTION ON REFORM IN THE BAR EXAMINANTIONS 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 roup on !ar "#amination Reforms" to conduct studies on steps to further safeguard the integrity of the !ar "#aminations and to ma$e them effecti%e tools in measuring the ade&uacy of the law curriculum and the &uality of the instruction gi%en by law schools"' WHEREAS, the Special Study roup, with Philippine (udicial )cademy *P+,-(). Chancellor (ustice )meurfina )/ Melencio0+errera as a chairperson and retired (ustice (ose 1/ 2eria and retired (ustice Camilo 3/ 4uiason as members, submitted to the Supreme Court its 2inal Report, dated 15 September 2000, containing its findings and recommendations' WHEREAS, on 21 )ugust 2001, the Supreme Court en banc referred, for further study, report and recommendation, the 2inal Report of the Special Study roup to the Committee on -egal "ducation and !ar Matters *C-"!M. headed by (ustice (ose C/ 6itug' WHEREAS, in connection with the discussion on the proposed reforms in the bar e#aminations, (ustice 6icente 6/ Mendo7a, then a Member of the C-"!M, submitted a Paper, entitled "Toward Meaningful Reforms in the Bar Examination" with a Primer, proposing structural and administrati%e reforms, changes in the design and construction of &uestions, and the methodological reforms concerning the mar$ing anf grading of the essay &uestions in the bar e#amination' WHEREAS, proposals and comments were li$ewise recei%ed from the ,ntegrated !ar of the Philippines, the Philippine )ssociation of -aw Schools, the Philippine )ssociation of -aw Professors, the Commission on +igher "ducation, the 8ni%ersity of the Philippines College of -aw, )rellano -aw 2oundation, the Philippine -awyers )ssociation, the Philippine !ar )ssociation and other prominent personalities from the !ench and the !ar' WHEREAS, considering her Memorandum to the Chief (ustice on "Proposed 9echnical )ssistance Pro:ect on -egal "ducation," dated 2; 2ebruary 200<, Program 3irector "%elyn 9oledo03umdum of the Program Management =ffice *PM=. was in%ited to a meeting of the C-"!M'

WHEREAS, under the auspices of the PM=, the C-"!M conducted fur *>. regional round0table discussions with the law deans, professors, the students and members of the ,ntegrated !ar of he Philippines for *a. the ?ational Capital Region, at Manila 3iamond +otel on 1@ ?o%ember 200<' *b. Mindanao, at the rand Regal +otel 3a%ao City on 2< (anuary 200>' *c. the 6isayas, at the Montebello +otel in Cebu City on (anuary 200>' and *d. -u7on, at the Pan Pacific +otel in Manila on A 2ebruary 200>/ WHEREAS, in a Special Meeting of the C-"!M at the Pan Pacific +otel on 2< )pril 200>, the Committee heard the %iews of Ms/ "rica Moeser, the Chief "#ecuti%e =fficer and President of the ?ational Conference of !oard "#aminers in the 8nited States of )merica on a number of proposed bar reforms' WHEREAS, the C-"!M, after e#tensi%e deliberation and consultation, has ari%ed at certain recommendations for consideration by the Supreme Court and submitted its report , dated 21 May 200>, to the Court en banc' NOW, THEREFORE, the Court, sitting en banc, hereby RESOLVES to appro%e and adopt the following !ar "#amination ReformsB )/ For impleme !"!io #i!$i o e %1& 'p !o !#o %(& )e"r*: 1/ ,nitial determination by the Chairman of admission to the bar e#aminations of candidates *on the merits of the each case. to be passed upon by the Court en banc/ 2/ Submission by law deans of a certification that a candidate has no derogatory record in school and, if any, the details and status thereof/ </ 3is&ualification of a candidate after failing in three*<. e#aminations, pro%ided, that he may ta$e a fourth and fifth e#amination if he successful 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*C. or more bar e#aminations shall be allowed to ta$e only one *1. more bar e#amination after copleting *1. year refresher course/ >/ Promulgation of disciplinary measures for those in%ol%ed in *a. attempts to %iolate or %itiate the integrity and confidentiality of the bar e#amination process' *b. improper conduct during the bar e#amination' and *c. improper conduct of "bar e#aminations/" C/ 3is&ualification of a !ar "#amination ChairpersonB a/ $inship with an e#aminee who if his or her spouse or relati%e within the third ci%il degree of consanguinity' b/ ha%ing a member of his or her office staff as an e#aminee, or when the spouse or child of such staff member is an e#aminee' and c/ being a member of the go%erning board, faculty or administration of a law school/ A/ 3esirable &ualifications of "#aminersB a/ membership in good standing in the Philippine !ar' b/ competence in the assigned sub:ect'

c/ a teacher of the sub: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 !*A. below ;/ 3is&ualifications of "#aminersB a/ $inship with an e#aminee who is his or her spouse or relati%e within the third ci%il degree of consanguinity or affinity' b/ ha%ing a member of his or her office staff as an e#aminee' or when the spouse or child of such staff member is an e#aminee' c/ being a member of the go%erning board, faculty or administration of a law school d/ teaching or lecturing in any law school, institution or re%iew center during the particular semester following the bar e#aminations' e/ ha%ing any interest or in%ol%ement in any law school, bar re%iew center or group' and f/ suspension or disbarment from the practice of law or the imposition of any other serious disciplinary sanction/ 5/ Personal preparation, by handwriting or using a typewriter, of fifty *C0. main &uestions, e#cluding subdi%isions, and their submission to the Chairperson in sealed en%elope at least forty0fi%e *>C. days before the schedule e#amination on any particular sub:ect' e#aminers should not use computers in preparing &uestions' @/ )pportionment of e#amination &uestions among the %arious topics co%ered by the sub:ect' 10/ !urning and shredding of rough drafts and carbon papers used in the preparation of &uestions or in any other act connected with such preparation' 11/ Publication of names candidates admitted to ta$e the bar e#aminations' 12/ 3is&ualification of a candidate who obtains a grade below C0D in any sub: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 be included in the bar e#aminations' and 1>/ Consideration of suggested answers to bar e#aminations &uestions prepared by the 8/P/ -aw Center and submitted to the Chairperson/ !/ For impleme !"!io #i!$i !#o %(& )e"r* 'p !o +i,e %-& )e"r*: 1/ )doption of ob:ecti%e multiple0choice &uestions for <0D to >0D of the total number of &uestions' 2/ 2ormulation of essay test &uestions and "model answers" as part of the calibration of test papers' </ ,ntroduction of performance testing by way of re%ising and impro%ing the essay e#amination'1awphil.net >/ 3esignation of two*2. e#aminers per sub:ect depending on the number of e#aminees ' C/ )ppointment of a tenured !oard of "#aminers with an incumbent Supreme Court (ustice as Chairperson'

A/ Creation and organi7ation of readership panels for each sub:ect area to address the issue of bias or sub:ecti%ity and facilitate the formulation of test &uestions and the correction of e#amination boo$lets' and ;/ )doption of the calibration method in the corrections of essay &uestions to correct %ariations in the le%el of test standards/1awph!l. cite! C. For implementation within five(5) ear! an" #e on" i! the f$rther %omp$teri&ation or a$tomation of the #ar e'amination! to fa%ilitate appli%ation, te!tin(, an" reportin( pro%e"$re!. ). *tem! not %overe" # thi! re!ol$tion, !$%h a! tho!e that pertain to a po!!i#le review of the %overa(e an" relative wei(ht! of the !$#+e%t! of the #ar e'amination!, are maintaine". E. For referral to the ,e(al e"$%ation -oar"!. 1. "ccreditation and super#ision of law schools. $. %nclusion of a sub&ect on clinical legal education in the law curriculum' including an apprenticeship program in the (udiciar)' prosecution ser#ice' and law offices. *. %mposition of sanctions on law schools that fail to meet the standards as ma) be prescribed b) the +egal Education Board. ,. Mandator) +aw -chool "dmission Test. This resolution shall ta.e effect on the fifteenth da) of (ul) $//,' and shall be published in two newspapers of general circulation in the 0hilippines. 0romulgated this 1th da) of (une $//,. *Sgd/. HILARIO .. DAVIDE/ 0R. Chief/ (ustice *Sgd/. RE1NATO S. PUNO A**o2i"!e 0'*!i2e *Sgd/. ARTEMIO V. PN.ANIBAN )ssociate (ustice *Sgd/. CONSUELO 1NARES4 SANTIA.O )ssociate (ustice *Sgd/. ANTONIO T. CARPIO )ssociate (ustice *Sgd/. 0OSE C. VITU. A**o2i"!e 0'*!i2e *Sgd/. LEONARDO A 3UISUMBIN. )ssociate (ustice *Sgd/. AN.ELINA SANDOVAL4 .UTIERRE5 )ssociate (ustice *Sgd/. MA. ALICIA AUSTRIA4 MARTINE5 )ssociate (ustice

*=n lea%e. RENATO C. CORONA )ssociate (usticeE *Sgd/. ROMEO 0. CALLE0O/ SR. )ssociate (ustice

*Sgd/. CONCHITA CARPIO4 MORALES )ssociate (ustice *Sgd/. ADOLFO S. A5CUNA )ssociate (ustice

*Sgd/. DANTE O. TIN.A )ssociate (ustice