CHAPTER 6 [J.D.J.

Sucgang] A Problem Bigger Than Law Schools_Reforming Philippine Legal Education Through An
Institutional Approach
A. Radical recommendations
1. Requiring a national admission test for entry to law school (SSG Justices Melencio-Herrera, Feria, and Quiason)
2. Abolition of the bar exam (Justice Cortes)

1. A system of accreditation for law schools

2. Annual examinations for every level of law classes to be drawn up by a competent and impartial body of
examiners and administered simultaneously
3. A system of apprenticeship or practical training for one an out of four

3. Requiring a national law internship program (PALS) - any duly accredited private or public law office or firm or legal
assistance group but not to exceed a total of twelve (12) months.
B. Palatable recommendations
(Dean Villanueva qualifying exam to protect the public from the incompetent, and to ensure that only the fit are able to offer
legal services.)
1. first position looks at the Bar Examinations, and the pomp and pageantry that is associated with it, as the main cause by
which Philippine legal education has suffered
2. other position considers the Bar Examination as still constituting the best gauge of determining not only of the
performance of our law schools, but also as the best means to determine who are intellectually qualified to be admitted to
the practice of law

1. Proposals improving the status quo

a. Structural and policy reforms
(Mendoza)
1. Appointment of a tenured Board of Bar Examiners;
2. Creation of readership panels for each subject to address issue of bias or subjectivity;
3. Creation of Advisory Committee to assist the Board and the Supreme Court and to address related issues in
legal education to better prepare law school graduates in taking the bar examinations; and
4. Provision for character and fitness investigation as a prerequisite for taking the Bar examinations.
b. Testing and other psychometric reforms
1. Introduction of objective multiple-choice questions;
2. Formulation of essay test questions and model essay; and
3. Introduction of performance testing by way of revising and improving the essay examination of Legal Ethics
and Practical Exercises.
(Abad) - Detailed explanation on the theory behind the use of MCQs
c. Methodological reforms (Mendoza y Abad)
1. Adoption of the calibration method to correct variations in the level of test difficulty and grader leniency;
2. Consideration of alternative methodologies, such as scaling, to promote test equity and further standardize
levels of test difficulty and grade interpretation; and
3. Further computerization or automation of the bar examinations to facilitate application, testing, and reporting
procedures.
d. Re-calibration of the weight of bar exam subjects (SSG) - scheduling subjects
with heavier weights ahead of those with lesser weight
e. Standardization of grading system (Magsalin)
2. Proposals calling for a paradigm shift
(Villanueva) Culprit Theory
a. Substantial reduction of the bar exam subjects
(Hilbay) substantial reduction of the number of bar subjects, simply staggering. This shotgun approach to
legal knowledge
(Concepcion) it's only in the Philippines where all subjects taught are included in the bar exams
b. Specialization tracks or diplomate programs
(Concepcion) students should undergo a separate set of tests from different specialist boards.
c. Abolition of the topnotcher tradition (Cortez/Hilbay)
d. Pass/fail result (Hilbay)
3. Proposal to shift to J.D. degree (Villanueva)

C. Critique of recommendations
1. National admission test for entry to law school - the construction of the test that will reliably and accurately measure the aptitude of
prospective law students, not only for law school survival but also for the legal practice.
2. National law internship program will bridge the gap between legal doctrines taught in law school and the practical demands of the
legal profession.
a. Countries requiring an apprenticeship program as pre-requisite to admission to the bar
Canada Varying articling Netherlands 18mos advocaat stagiaire
Sri-Lanka 6mos training Japan 2yrs Apprenticeship
Chile 6mos postgrad practice Switzerland 2yrs articling
HK 12mos Pupilage Belgium 3yrs post bar training
Israel 12mos internship Czech 3yrs Concipient
UK 12mos pupilage Sweden 3yrs public service
Greece 18mos apprenticeship Denmark 3yr training
Italy 18mos training Finland 4yrs apprenticeship
Ireland 18mos in-house
 b. Challenges (NO institutional systems of accreditation or licensing of organizations that can receive and train these
prospective lawyers
1. Use the apprenticeship requirement as a marketing tool to recruit prospective lawyers;
2. Undergo an apprenticeship program not for learnings sake but because either it is required by the curriculum or
for boosting their credentials;
Soln: Adopt Medical Education Model
Challenges: 1. First , the LEB is a relatively new institution. Although it has a rank of a constitutional commission
office, its manpower, physical facilities, and financial resources are limited.
2. it may directly conflict against the Supreme Courts exclusive rule-making power on admission to law practice.

3. BAR Exam
(Villanueva)
Culprit Bar Exam as the definitive source of problems in Philippine legal education
Tail-wagging-the-dog It does not negatively affect the quality of legal education
a. Abolition of the bar exam (Cortes) Problem here is need to substitute an effective way for screening applicants or admission to the
practice of law as a profession
i. Premises of the bar exam - one of the vital requisites for the practice of law.
1. Authority of law schools to provide legal preparation and make it adequate (R.A. No. 7662 and the LEB Manual)
2. authority of the Supreme Court to regulate the practice of law (Constitution)
In re Cunanan 1094 to be admitted to BAR (Bar flunkers Act)
1. Insufficiency of Materials (Preparation Inadequacy)
2. Unfit to practice law
Conclusions of In Re Cunanan
1. Limitation of legislative to repeal, modify, or supplement existing rules by the judicial power provided in the Constitution.
2. limitation of this judicial power to admit prospective attorneys at law only to the determination of their fitness to practice law

ii. Cortes Thesis - Bar Exam is not the test to end all tests
iii. Analyzing the thesis
Avowed Objectives of the Bar
(Villanueva) Whether a graduate of law has learned enough law/ Adding new dimension to the Bar Exam.
(Cortes) Bar intends to measure
1. Logical reasoning;
2. Thorough knowledge of fundamental principles of law and their application;
3. Ability to analyze and solve legal problems; and
4. Ability to communicate in precise language

Critics of bar exam why its not perfect (Cortes) psychometric value of the Bar Exam
1. There was no consistent trend discernible in the examinations under study. No uniform guidelines appearedabsence of a
clearly defined policy with the possible exception of maximum security to keep the questions from leaking out;
2. By far too much stress has been laid on extracting specific information directly by questions calling for definition,
enumeration, and differentiation;
3. Too much stereotyped questions were given year in and year out;
4. Some questions appear to be tests of what the examinees do not know instead of what they know;
5. The questions tend to be simplistic and expository, instead of determining the examinees logical reasoning and ability to
analyze facts and apply the fundamental principles of law to the solution of the issues raised; and
6. Questions, even problems, are lifted bodily from quizzers used as textbooks or cram texts in the review courses.

(Pangalangan) there is a shift toward problem-based questions that tested the analytic and not just the memorizing powers of the
examinee
(Cortes) if the bar is not correlated with practice then abolish it. some who did not do well or even flunked the bar examinations
turned out to be brilliant law practitioners and legal luminaries.

Bar Exam is an achievement test. It never was an aptitude test. Nemo dat quod non habet . No one can give what he does not have.
The Bar Exam does not have the inherent mechanisms to make it predict the quality of future law
practice.

iv. Effects of abolishing the bar exam

(a) Bar Exam is only intended to measure an examinees knowledge of the law, analytical, logical and communication skills;
(b) that the inherent deficiencies of the Bar Exam, as pointed out by Justice Cortes, is currently being resolved by the Supreme Court;
and
(c) these deficiencies are not grossly unscientific so as to amount to being unfair.
A. Accreditation system (Cortes) - LEB can be said to have responded to the call of Justice Cortes for an accreditation system.
(a) accreditation for purpose of operation; and
(b) accreditation to certify higher quality.

Magsalin
1. [t]he principal yardstick used to measure the success of law schools in the Philippines as the performance of its graduates in
the bar examination.
2. [a]ll other factors that make for a quality educational institution, are practically brushed aside.
Villanueva
1. [n]o amount of compliance by a law school with the other factors in the U.S. News standards would amount to anything, if
its graduates cannot even pass the Bar Examinations and become licensed lawyers.
2. the market will be able to judge whether the graduates of a law school do have the competence and the skill to be reasonably
good lawyers.

B. Annual examinations for every level of law school (Villanueva) Such process would definitely be more costly (since they have to
be administered by a competent and impartial body of examiners), but may just multiply across a greater range the very same
problems experienced in the Bar Examinations system.

C. Improving the bar exam

i. Structural improvements
MCQ only a limited number of questions can be asked in an essay-type exam, the objectivity of correction by
examiners suffered.

Advantages and disadvantages of the essay-type exam

Advantage
(a) relatively easy to write the questions and less time is required for test construction;
(b) test-takers may express their ideas with fewer restraints and greater reflection;
(c) test-takers must supply answers, not just select them, possibly reducing the effects of guessing;
(d) practical for evaluating small groups of test-takers.
Disadvantage
(a) difficulty to score objectively- even if raters are well-trained;
(b) measure only limited aspects of a testtakers knowledge;
(c) labor-intensive and time-consuming to score;
(d) subject to questions of validity and reliability; and
(e) may not actually measure ability to organize and develop ideas.

Advantages and disadvantages of the MCQ-type exam

Advantage
(a) greater versatility in measuring rote memory to more complex knowledge;
(b) large amount of information can be measured in a short time;
(c) evaluating large numbers of testtakers takes considerably less time;
(d) scoring is objective and can be reliably completed;
(e) can require test-takers to discriminate among options that vary in correctness; (f) with 3-5 options, the effects of guessing
can be reduced; and
(g) particularly amenable to item analysis to detect areas of student weakness, term ambiguity, item difficulty, etc
Disadvantage
(a) questions are time-consuming and difficult to write well;
(b) good item writers are rare it is a special skill that is not easily learned;
(c) questions do not evaluate a test-takers ability to develop and organize ideas; and
(d) questions must be pre-tested and reviewed to ensure validity.

(Pangalangan) - they dont gauge a candidates ability to think like a lawyer.

Reduction of bar subjects and specialization tracks/diplomate program

(Hilbay) number of bar examination subject has a direct impact on the flexibility of all law schools in matters of curriculum design
and on the kinds of law teachers demanded by the system.

(6) subjects: constitutional Law, Contracts, Criminal Law and Procedure, Evidence, Real Property, and Torts.927 Compare this to the
Philippine Bar Exam that covers eight (8) major fields of law with a total of forty (40) subjects
(Magsalin) reducing the Bar Exam subjects this will also effectively return the curriculum making function to law schools to which
it rightfully belongs.

Displaced law professors - Law schools could do this by offering specialization tracks.

Quality Control
(Concepcion) - students should undergo a separate set of tests from different specialist boards.

ii. Improvement in the administration

Appointment of a tenured Board of Bar Examiners (Leakages - Social Facilitation Theory as a defense)
Abolition of topntocher system and pass/fail grading system (Villanueva) need for the market to be able to gauge on a year-to-
year basis who among the recent crops represent the best and brightest so that appropriate prices for their talents and potentials can
be fixed.

Non-sequitur law is a profession and not a trade.

by removing the topnotcher system, through the implementation of a pass/fail grading system, we can free the legal education from
Bar Exam fixation and make it a system that sets law schools, professors and students free to pursue what they truly want or what they
believe to be significant.

I. Ways of shifting to JD

(1) Completely or substantially adopting the Ateneo J.D. curriculum; and

(2) Simply changing the name of the degree conferred while basically retaining
the same course offerings

II. Factors to consider

1. increasing the number of units required to be taken from 152 to 168

2. students have to pay more tuition and other fees and law schools need to spend more- expenses
3. The law school will also need to devote time and money for faculty training, especially since thesis writing is required in a
J.D. Necessarily, this will involve research supervision fees for thesis mentors or advisers and honoraria for the defense panel
or thesis reader.