BAR: 1. Citizen of the Philippines. 2. Resident of the Philippines 3. At least 21 years old 4. Successfully completed all prescribed courses. 5. Passed the bar exams. 6. Production before the Supreme Court satisfactory evidence of: a. Good moral character b. No charges against him, involving moral turpitude, have been filed or are pending in any court in the Philippines. Citizenship and Residence • Privilege denied to foreigners. • Takes into account the close connection of the practice of law with the administration of justice. • An alien cannot well maintain allegiance to the Republic of the Philippines, which is required in the Oath of a Lawyer. Good Moral Character • Continued possession of good moral character after admission is a requirement for enjoyment of privilege to practice. • Moral character is what a person really is as distinguished from good reputation or opinion generally entertained of him. • Includes at least common honesty. • Opposite of immorality, which is the indifference to the moral norms of society. • This requirement aims to maintain and uphold the high moral standard and the dignity of the legal profession. Educational qualifications • Public Policy demands that a person seeking admission to the practice of law must 1. Possess the required educational qualifications. 2. Show a degree of learning and proficiency in law necessary for the due performance of the duties of a lawyer. • To the lawyer is entrusted the protection of life, liberty, property, or honor. • To approve officially one who is not adequately prepared to such a delicate task is to create a social danger. Bar Examination • Subjects chosen for these exams are designed to eliminate any one whose general intelligence, learning, and mental capacity are inadequate to enable him to assume and discharge the duties of an attorney. • Passing Grade: A general average of 75% in all subjects without falling below 50% in any subject. In determining the average, the subjects given the following relative weights: 1. Civil Law 15% 2. Labor and Social Legislation 10% 3. Mercantile Law 15% 4. Criminal Law 10% 5. Political and International Law 15% 6. Taxation 10% 7. Remedial Law 20% 8. Legal Ethics and Practical Exercises 5% Bar Examination • A candidate who fails for three times is disqualified from taking another examination, unless he has shown to the satisfaction of the Court that he has: 1. Enrolled and passed regular fourth year review classes; 2. Attended a pre-bar review course. PROCEDURE FOR ADMISSION Bar Examination Committee • Examinations shall be conducted by a committee of bar examiners to be appointed by the Supreme Court. This committee shall be composed of: 1. A Justice of the Supreme Court, as chairman and designated by the court to serve for one year. 2. Eight (8) members of the Philippine bar, who shall serve as examiners in the 8 bar subjects and hold office for a period of one year. 3. Bar Confidant as liaison officer between the Court and Chairman and the Committee members. Also a deputy clerk of court. Application and supporting documents • Time for filing proof of qualifications.—All applicants for admission shall file with the clerk of the Supreme Court a duly accomplished application form together with supporting documents concerning his qualifications at least 15 days before the beginning of theexamination. • Applicants shall also file at the same time their own affidavits as to their age,residence, and citizenship. (Rule 138, Sec. 7) Application and supporting documents • American lawyers in active practice of law in the Philippines before July 4, 1946 or a Filipino citizen enrolled as attorney in the United States before July 4, 1946, who desires admission without examination should: 1. File a petition with the Court along with his 2. License to practice 3. Evidence that it has not been revoked 4. Certificates of professional standing. Disclosure of involvement in any criminal case • Applicant must show that no charges against him involving moral turpitude have been filed or pending in court in the Philippines (Rule 138, Sec 2, Rules of Court) • To enable the court to resolve whether a particular crime involves moral turpitude, applicant must disclose any crime of which he has been charged. • If what has been concealed does not involve moral turpitude, it is the fact of concealment and not the commission of the crime itself that makes him morally unfit. Burden of proof to show qualifications • Applicant assumes the burden of proof to establish his qualifications to the satisfaction of the court. • After having presented prima facieevidence of his qualifications, any one objecting to his admission may offer contrary evidence to overcome such prima facie showing. Burden of proof shifts to the complainant. Written examinations • Examinations for admission to the bar of the Philippines shall take place annually in the City of Manila. o They shall be held in four days to be designated by the chairman of the committee on bar examiners. o The subjects shall be distributed as follows: 1st day: Political and International Law (morning), Labor and Social Legislation (afternoon); 2nd day: Civil Law (morning),Taxation (afternoon); 3rd day: Mercantile Law (morning) Criminal Law (afternoon); 4th day: Remedial Law (morning) Legal Ethics and Practical Exercises(afternoon). (Rule 138, sec. 11.) Written examinations • The questions shall be the same for all examinees. • Examinees shall answer the questions personally without help from anyone. • Upon verified application made by an examinee stating that his penmanship is so poor that it will be difficult to read his answers without much loss of time, the Supreme Court may allow such examinee to use a noiseless typewriter Restrictions to insure integrity in examination
1. An examinee is prohibited from bringing papers, books or notes into
the examination room. 2. He is not to communicate with the other examinees during the exam. 3. He is not to influence any member of the committee on bar exams. 4. To keep the examinee’s identity a secret and thus avoid any influence to bear upon the examiner in the valuation of his answers: a. The exam papers shall be identified by numbers. b. The name of the examinee is written in a piece of paper and sealed in an envelope. 5. Any candidate who violates any of the rules concerning the conduct of examination will be barred from taking such and the same will be counted as a failure against him.The conduct of the bar exams involves public interest.Any charge of anomaly requires prompt action from the Court to prevent erosion of public faith in the bar and in the court. Correction and revaluation of grades • The bar examiners correct the examination papers and submit the grades and corrected papers to the barconfidant. • The bar confidant tallies the individual grades of every examinee, computes the general average, and prepares a comparative data showing the percentage of passing and failing in relation to a certain average. • Results are submitted to the Examination Committee and to the Court. • Any request for revaluation of the answers and the grades given should be made by the examinee addressed to the Court. CASES • People vs. Villanueva (14 SCRA 111) • Ui vs. Bonifacio (333 SCRA 38, June 8,2000) • Noriega vs. Sison (125 SCRA 293) • In re: David (93 Phil. 46)
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