Philippine Bar Examinations

The first Philippine Bar Exams were conducted in 1901 with only 13 examinees. The third Philippine Bar Exam took place in 1903 but the results were released in 1905. José L. Quintos of Escuela de Derecho de Manila (now Manila Law College) obtained the highest rating of 96.33%, future President Sergio Osmeña, Sr. was second with 95.66%, future CFI Judge Fernando Salas was third with 94.5% and future President Manuel L. Quezon fourth with 87.83%. The bar exam in 1903 had only 13 examinees, while the 2008 bar examination is the 107th (given per Article 8, Section 5, 1987 Constitution). The first Roll of Attorneys were listed in 1945 after the 1944 bar exam. After the 1903 exam, rankings were again avoided until the 1913 exam, with its first English exam and first top ten list of topnotchers led by future president Manuel Roxas from UP Manila with 92%. This meant that every other year from the inaugural 1901 examination to 1912 no scores were given other than pass or fail. The 2016 bar exam had the highest number of passers 3747 out of 6344 (59.06 percent) examinees since 1954, but was later topped in 2020-21 (72.28 percent, the third highest at that point). However, the Supreme Court of the Philippines' Office of the Bar Confidant announced that (a new and official record of) 7,227 candidates took the 2017 Bar examinations.[2]

Past Bar examinations were conducted every September at De La Salle University until 2010 when they moved the date to November and changed the venue to University of Santo Tomas in 2011. As of February 2022, the Bar examinations had been regionalized and different schools were chosen as venues for the examination, switching to three or four day schedules in one week. The examination was also converted from the traditional pen and booklet to a now computerized method.

The lowest year was the 1999 bar examinations which recorded the lowest passing rate of 16.59% or with a total number of 660 successful examinees. Also, the 2003 bar exam was marred by controversy when the Court ordered a retake of the Mercantile law due to questionnaire leakage.[3] In 2005, the High Tribunal implemented the "five-strike" rule, which disqualifies five-time flunkers from taking future bar exams.[4]

A bar candidate must meet the following academic qualifications:

• Holder of a professional degree in law from a recognized law school in the Philippines[5]
• Holder of a bachelor's degree with academic credits in certain required subjects from a recognized college or university in the Philippines or abroad.[6]

Candidates should also meet certain non-academic requisites:[7]

• A Filipino citizen.
• At least twenty-one years of age.
• A resident of the Philippines.
• Satisfactory evidence of good moral character (usually a certificate from the dean of law school or an immediate superior at work).
• No charges involving moral turpitude have been filed against the candidate or are pending in any court in the Philippines.

In March 2010 the Philippine Supreme Court Issued Bar Matter 1153, amending provisions in Sections 5 and 6 of Rule 138 of the Rules of Court, now allowing Filipino foreign law school graduates to take the Bar Exam provided that they comply with the following:

1. Completion of all courses leading to a degree of Bachelor of laws or its equivalent;
2. Recognition or accreditation of the law school by proper authority;
3. Completion of all fourth year subjects in a program of a law school duly accredited by the Philippine Government; and
4. Proof of completing a separate bachelor's degree.

The Supreme Court appoints memberships in the Committee of Bar Examiners, the official task force for formulating bar exam questions, instituting policy directives, executing procedures, grading bar examination papers, and releasing the results of the annual bar examination.[8]

The committee is chaired by an incumbent Justice of the Supreme Court, who is designated by the Supreme Court to serve for a term of one year. The members of the committee includes eight members of the Integrated Bar of the Philippines, who also hold office for a term of one year.[8] While the Justice who shall act as chairman is immediately known, committee members must exert every effort to conceal their identities until the oath-taking of the successful bar examinees, approximately six months after the bar exam.[8]

Candidates who meet all the admission requirements usually enroll in special review classes after graduating from law school. These programs are held from April to September in law schools, colleges, universities, and review centers.

Program schedule, content, and delivery differs from one review program to another. Lecturers in these programs are called bar reviewers. They are usually full-time professors and part-time professorial lecturers in law schools and universities. Most review programs invite incumbent and retired justices and high ranking public officials both as a marketing tool and as a program innovation.[9]

Bar examinations is conducted during all four Sundays of the month of November. Two bar subjects shall be taken every week, one is scheduled in the morning while another is in the afternoon. The examination covers the following topics and their associated subtopic, popularly known as the bar subjects:[10]

Role of the Supreme Court, Criticisms

In 2007, only 5% (of the 5,626 who took the 2007 tests, or less than 300) got the passing grade of 75%. Thus, the Supreme Court adjusted the standard to 70% and the disqualification rate in 3 subjects (civil, labor and criminal law) from 50 to 45%. Accordingly, 1,289 or 22.91%, "passed." This passing grade reduction is highly unusual, since it last happened in the 1981 exam when the passing grade was lowered to 72.5%. Prior to 1982, the passing mark jumped unpredictably from year to year:

Passing Grade fluctuations between 1946 and 1981 (56)

Year	Passing Mark (%)	Year	Passing Mark (%)
1946	69.45	1964	71.5
1947	69	1965	71.5
1948	70	1966	74
1949	74	1967	72
1950	73	1968	73
1951	74	1969	73
1952	74	1970	73
1953	71.5	1971	74
1954	72.5	1972	70
1955	73.5	1973	74
1956	73	1974	70
1957	72	1975	73
1958	72	1976	74.5
1959	72	1977	74
1960	72	1978	73
1961	71	1979	73.5
1962	72.5	1980	73
1963	70	1981	72.5

In 1954, the Court lowered the passing grade to 72.5%, even if the passing percentage was already at its highest at 75.17%. In 1999, moves to lower the passing grade to 74% failed, after Justice Fidel Purisima, bar committee chairman failed to disclose that his nephew took the examination. He was censured and his honoraria was reduced to half.[14]

The difficulty of the recent bar examinations, compared to exams of the past, can be attributed to the following factors:[12]

• The growing volume of Philippine case and statutory laws is unprecedented. Laws, jurisprudence, and legal doctrines of the past constitute only a small fraction of contemporary Philippine legal materials, which are increasing on a daily basis.[15]
• The 75% passing average with no grade lower than 50% in any subject is already fixed by law. Actual candidates who scored 74.99% in the general average were not admitted to the practice of law, unless they retake the bar exams.[12]
• The Three-Failure Rule is now in place. Candidates who have failed the bar exams for three times are not permitted to take another bar exam until they re-enroll and pass regular fourth-year review classes and attend a pre-bar review course in an approved law school.[6]
• The Five-Strike Rule was implemented from 2005 and ended in 2014. The rule limits to five the number of times a candidate may take the Bar exams. The rule disqualifies a candidate after failing in three examinations. However, he is permitted to take fourth and fifth examinations if he successfully completes a one-year refresher course for each examination.[16] On September 3, 2013, the Supreme Court, issued a resolution, lifting the five-strike rule on bar repeaters.[17]
• The four-year bachelor's degree is required before admission to law school. Hence, every bar examinee has to hold at least two degrees—one in law and one in another field. In the past, law schools readily admit high school graduates and two-year Associate in Arts degree holders.[6]

After the end of the Second World War, the passing rate in the succeeding years was remarkably high, ranging from 56 to 72% percent. However, after Associate Justice J.B.L. Reyes, a noted scholar, was appointed Chairman of the 1955 Bar Examinations, the passing rate for that year dropped dramatically to 26.8%, with a failure rate of 73.2%. That ratio has been invariably maintained in the 50+ years since.[18]

The largely essay-type exams are manually checked by members of the Committee of Bar Examiners. Candidates have to wait from the last Sunday of the bar exams in September up to the date of the release of results, which traditionally happens before or during the Holy Week (the last week of March or the first week of April) of the following year.

During this period, candidates (who already hold law and bachelor's degrees) may opt to work in law firms and courts as legal researchers, teach in liberal arts and business colleges, function in companies and organizations using their pre-law degrees (i.e. Communication Arts, Accounting, Economics, Journalism, etc.), or even their law degrees for that matter, help run the family business, or take a long vacation.[19]

The Office of the Bar Confidant of the Philippine Supreme Court releases the Official List of Successful Bar Examinees, usually during the last week of March or the first week of April of every year. Candidates whose names appear in the list are required to take and subscribe before the Supreme Court the corresponding Oath of Office.[20]

Candidates shall take an Oath of Office and sign their names in the Roll of Attorneys of the Supreme Court.[21] The oath-taking is usually held in May at the Philippine International Convention Center (PICC) with a formal program where all Justices of the Supreme Court, sitting en banc, formally approve the applications of the successful bar candidates. The eight bar examiners are officially introduced to the public. A message to the newly inducted lawyers is delivered by one of the justices. Candidates who made the bar top ten list are also introduced and honored. The deans of all Philippine law schools are requested to attend the ceremony and grace the front seats of the plenary hall.[10]

In the 1930s, a distant relative of Imelda Romualdez Marcos who was a Justice in the High Court resigned after a controversy involving the bar examinations. Justice Ramon Fernandez was forced to protect his name and honor when he resigned because of a bar examination scandal.[22]

On November 23, 1979, the High Court, per Justice Pacifico de Castro ordered new examinations in labor and social legislation and taxation.

On May 7, 1982, 12 of the Supreme Court's 14 justices resigned amid expose "that the court fixed the bar-examination score of a member's son so that he would pass." Justice Vicente Ericta was accused to have personally approached the bar chairman to inquire whether his (Ericta's) son passed the bar. Ferdinand Marcos accepted the resignations and appointed new justices. Chief Justice Enrique Fernando wept at a news conference as he accepted responsibility for rechecking and changing the exam score of Gustavo Ericta, son of Justice Vicente Ericta.[23]

Associate Justice Fidel Purisima, chairman of the bar committee, did not disclose that he had a nephew who was taking the bar examination in that year. He was merely censured and his honoraria as bar examiner were forfeited.

On September 24, 2003, the Supreme Court, per a bleary-eyed Associate Justice Jose Vitug, annulled the tests results on mercantile law after "confirmation of what could be the most widespread case of cheating in the 104-year-old bar exams".[24]

Bar topnotchers are bar examinees who garnered the highest bar exam grades in a particular year. Every year, the Supreme Court releases the bar top ten list. The list contains the names of bar examinees who obtained the ten highest grades. It is possible for more than ten examinees to place in the top ten because numerical ties in the computation of grades usually occur.[25]

From 1913 to 2019, schools which have produced bar topnotchers (1st placers) are as follows:[25]

Two bar examinees topped the bar exams without officially graduating from any Philippine law school:[25]

• Jose W. Diokno – former Senator of the Philippines; 1st placer, 1945 bar exams. Diokno Sr., who tied for Number One with former Senate President Jovito Salonga in the 1945 Bar Exams, would have graduated from the University of Santo Tomas had not World War II supervened. Mr. Diokno's success in the bar exams is further underscored by the fact that he was also under-age[26] and that he also placed number 1 in the 1940 CPA Board exams which he took while in law school, summa cum laude[27] after graduating from then De La Salle College[28] at the age of 17. This double number 1 feat may never be paralleled. The closest may have been Cesar L. Villanueva (from the Ateneo Law School) who placed second in the 1981 Bar Exams and sixth place in the 1982 CPA Board Exams and Reginald Laco (from the De La Salle Lipa Law School) who placed fourth in the 2015 Bar Exams and second in the 2009 CPA Board Exams.[29]
• Carolina C. Griño-Aquino – former Associate Justice of the Supreme Court; 1st placer, 1950 bar exams. Ms. Aquino (who later became the wife of Mr. Ramon Aquino, 6th placer in 1939 Bar Exams) was a special student of the UP College of Law, where she finished her last two years of law school having taken her first two years of law school at the Colegio de San Agustin in Iloilo. Ms. Aquino was advised to take her last two years of law school in UP by Colegio de San Agustin Law Dean Felipe Ysmael. Coincidentally, Mr. Ysmael (a UP Law graduate himself) placed number 1 in the 1917 Bar Exams. Since Ms. Aquino only took her last two years of law at UP, she can't be certified as an official UP law graduate.[26] Both spouses Aquino (in addition to being topnotchers) also served as Justices of the Supreme Court.[30]

In the past, non-law school graduates were allowed to take the bar. However, the Revised Rules of Court and Supreme Court Circulars allow Filipino graduates of Philippine law schools (and subject to certain conditions, Filipino graduates of foreign law schools) to take the bar, necessarily excluding non-law graduates and foreigners who have law degrees from taking part in the exercise.[5]

While not a guarantee for topping the bar, academic excellence in law school is a good indicator of an examinee's fortune in the bar exams. Ateneo Law School's only summa cum laude graduate, Claudio Teehankee, placed number one in the 1940 Bar Exams.[25] It is worth noting that Teehankee's son, Manuel Antonio, followed in his footsteps by graduating at the top of his Ateneo Law School class (albeit, not as summa cum laude) and placing first in the 1983 bar exams. Claudio's nephew, Enrique (a cum laude graduate from the UP College of Law), also placed number one in the 1976 bar exams. Claudio eventually became Supreme Court Chief Justice, Manuel was formerly Department of Justice Undersecretary and Ambassador and Permanent Representative to the World Trade Organization in Geneva, Switzerland while Enrique is a successful private practitioner.

This father-son-nephew feat has yet to (and, perhaps, may never) be equalled in the annals of Philippine Bar. For siblings, the closest is when Manuel B. Zamora, Jr. placed third in the 1961 Bar Exams and younger brother Ronaldo placed first in the 1969 Bar Exams.

The UST Faculty of Civil Law's sole summa cum laude graduate, Roberto B. Concepcion, placed first in the 1924 Bar Exams.[25] He later served as Chief Justice of the Supreme Court.

The San Beda College[31] of Law's sole magna cum laude graduate, Florenz Regalado,[32][33] ranked 1st in the 1954 Bar exams with a mark of 96.70%. The record is the highest average in the Philippine Bar Examinations, to date. Regalado later served as an Associate Justice of the Supreme Court.

The UP College of Law (which has yet to produce a summa cum laude graduate) had five of its seventeen magna cum laude graduates (the College of Law first conferred the honor to Rafael Dinglasan in 1925 and, to date, last conferred the same honor to Dionne Marie Sanchez in 2007) place number one in their respective bar exams: Rafael Dinglasan in 1925, Lorenzo Sumulong in 1929, Deogracias Eufemio in 1962, Roberto San Jose in 1966 and Ronaldo Zamora in 1969.[25] Dinglasan became a Judge of the Court of First Instance of Manila, Sumulong became Senator of the Republic and a renowned statesman, Eufemio and San Jose established their respective successful private law practices while Zamora became Executive Secretary to then President Joseph Estrada and is currently the Minority Leader in the House of Representatives.

• 2010 Philippine Bar exam bombing
• Legal education in the Philippines
• Integrated Bar of the Philippines

• 2015 Bar Exam Results
• Supreme Court of the Philippines
• Integrated Bar of the Philippines
• Integrated Bar of the Philippines – Negros Oriental Chapter