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Wednesday, April 20, 2011

B.M. No. 2265

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 B.M. No. 2265   2
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)   B.M. No. 2265   3
6. The essays shall not be graded for technically right or wrong 
answers, 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. B.M. No. 2265   4
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.   Source: Sc.gov.ph

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