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NEW DOCTRINEFacts
The Antecedents: The Supreme Court, through its Committee on Bar Examinations, annually convenes to establish guidelines for the Bar Examinations. The Committee is headed by a Justice of the Supreme Court and composed of chosen bar examiners. Procedural History: The Court en banc issued a Resolution dated October 6, 2020, concerning proposed reforms to the Bar Examinations. The Petition: This matter arose from a concept paper submitted by Bar Chairperson Associate Justice Marvic M.V.F. Leonen to the Court en banc, proposing several innovations for a more equitable Bar Examinations, particularly in light of governmental restrictions imposed due to the COVID-19 pandemic and the anticipated increase in examinees.
Issue(s)
Whether the Supreme Court should approve the proposed timeline for the 2020/21 Bar Examinations. Whether the Supreme Court should approve the recommendation for the Committee of Bar Examiners to be composed of three examiners per bar subject.
Ruling
The Supreme Court, sitting en banc, RESOLVED to NOTE the concept paper on the proposed Bar Examination reforms and APPROVE the proposed timeline of the Office of the Bar Chairperson with respect to the conduct of the 2020/21 Bar Examinations, and the recommendation that the Committee of Bar Examiners be composed of three (3) examiners per bar subject.
Ratio Decidendi
On the proposed timeline for the 2020/21 Bar Examinations: The Court en banc approved the recommendations of Associate Justice Marvic M.V.F. Leonen regarding the proposed timeline for the conduct of the 2020/21 Bar Examinations. This approval signifies the Court's acceptance of the administrative and logistical framework presented to manage the examination process, especially considering the postponement of the 2020 Bar Examinations due to the COVID-19 pandemic and the anticipated increase in the number of examinees. The Court's action is rooted in its constitutional authority to promulgate rules concerning admission to the practice of law, which includes the power to set the schedule and procedures for the Bar Examinations. The approval of the timeline is a procedural step to ensure an orderly administration of the examination. On the composition of the Committee of Bar Examiners: The Court en banc approved the recommendation that the Committee of Bar Examiners be composed of three (3) examiners per bar subject. This reform aims to enhance the efficiency of preparing examination questions and checking answers, particularly in anticipation of a larger number of examinees. Traditionally, only one examiner was assigned per subject, with exceptions in specific years where two examiners were appointed. The increase to three examiners per subject is a measure to maximize efficiency and ensure a more equitable examination process. This decision aligns with the Court's inherent power to manage the Bar Examinations and its duty to ensure the integrity and fairness of the admission process to the legal profession.
Main Doctrine
The Supreme Court, sitting en banc, has the constitutional authority to promulgate rules concerning admission to the practice of law. This includes the power to establish guidelines for the conduct of Bar Examinations, appoint examiners, and approve reforms proposed by the Committee on Bar Examinations, especially when necessitated by unforeseen circumstances such as the COVID-19 pandemic. The Court noted a concept paper proposing innovations for a more equitable Bar Examination and approved a proposed timeline and the composition of the Committee of Bar Examiners to consist of three examiners per subject.