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BM 2265
BM 2265
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).
(b) APPROVE the Reforms in the 2011 Bar Examinations, hereto attached
as Annex "A"; and
ENRIQUETA E. VIDAL
Clerk of Court
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.
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.
4. The results of the MCQ examinations in each bar subject shall be given
the following weights:
15
Political Law —
%
10
Labor Law —
%
15
Civil Law —
%
10
Taxation —
%
15
Mercantile Law —
%
10
Criminal Law —
%
20
Remedial Law —
%
Legal 5
—
Ethics/Forms %
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.
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.