bm_1222_2004

EN BANC B.M. No. 1222 February 4, 2004 Re: 2003 BAR EXAMINATIONS PER CURIAM: On 22 September 2003, the day following the bar examination in Mercantile Law, Justice Jose C. Vitug, Chairman of the 2003 Bar Examinations Committee, was apprised of a rumored leakage in the examination on the subject. After making his own inquiries, Justice Vitug reported the matter to Chief Justice Hilario G. Davide, Jr., and to the other members of the Court, recommending that the bar examination on the subject be nullified and that an investigation be conducted forthwith. On 23 September 2003, the Court adopted the recommendation of Justice Vitug, and resolved to nullify the examination in Mercantile Law and to hold another examination on 04 October 2003 at eight o'clock in the evening (being the earliest available time and date) at the De La Salle University, Taft Avenue, Manila.

The resolution was issued without prejudice to any action that the Court would further take on the matter. Following the issuance of the resolution, the Court received numerous petitions and motions from the Philippine Association of Law Schools and various other groups and persons, expressing agreement to the nullification of the bar examinations in Mercantile Law but voicing strong reservations against the holding of another examination on the subject. Several reasons were advanced by petitioners or movants, among these reasons being the physical, emotional and financial difficulties that would be encountered by the examinees, if another examination on the subject were to be held anew.

Alternative proposals submitted to the Court included the spreading out of the weight of Mercantile Law among the remaining seven bar subjects, i.e., to determine and gauge the results of the examinations on the basis only of the performance of the examinees in the seven bar subjects. In a resolution, dated 29 September 2003, the Court, finding merit in the submissions, resolved to cancel the scheduled examination in Mercantile Law on 04 October 2003 and to allocate the fifteen percentage points among the seven bar examination subjects. In the same resolution, the Court further resolved to create a Committee composed of three retired members of the Court that would conduct a thorough investigation of the incident subject of the 23 September 2003 resolution.

In a resolution, dated 07 October 2003, the Court adopted the computation in the allocation of the fifteen percentage points for Mercantile Law among the remaining seven bar examination subjects, to wit: Subject Original Percentage Weight Adjusted Percentage Weight Relative Weight Adjusted Relative Weight Political and International Law 15% 17.647% 3 3.53% Labor and Social Legislation 10% 11.765% 2 2.35% Civil law 15% 17.647% 3 3.53% Taxation 10% 11.765% 2 2.35% Criminal law 10% 11.765% 2 2.35% Remedial Law 20% 23.529% 4 4.71% Legal Ethics and Practical Exercises 5% 5.882% 1 1.18%