G.R. No. 228671 - Expedition Construction Corp. vs. Africa

Case Summary (G.R. No. 228671)

Resolution Issued in B.M. No. 3781 and Governance Framework

The Court En Banc recognized that the Committee on Bar Examinations convenes every year. The Committee is headed by a Justice of the Supreme Court and is composed of bar examiners chosen by the Bar Chairperson. The Court further acknowledged that the Bar Chairperson, with the approval of the Court En Banc, may determine and establish new guidelines on the conduct of the Bar Examinations that are attuned to the objectives of the Court.

Within this governance framework, the Resolution noted that the Bar Chairperson, with Court approval, had been empowered to set guidelines for the conduct of the examinations. It then identified the specific reforms proposed through the concept paper.

The Concept Paper and the Proposed Innovations

The Resolution stated that Associate Justice Leonen submitted a concept paper proposing several innovations aimed at achieving a more equitable conduct of the Bar Examinations. One proposal was the increase in the number of bar examiners per subject.

The Resolution explained the operational reason for the proposal. Because the 2020 Bar Examinations were postponed to November 2021, the Court anticipated an increase in the number of bar examinees. The expectation included examinees who would graduate in 2021 and take the bar in the same year.

Traditional Examiner Assignment and the Rationale for Reform

The Resolution described the traditional approach to bar examiner assignment. It stated that traditionally, only one (1) bar examiner is assigned per subject. It also noted that the Court had appointed two (2) bar examiners per subject in 2009, 2010, and 2019, implying that the practice was not historically uniform.

To address the projected increase in examinees, the concept paper suggested a structural change. It proposed the creation of a Committee of Bar Examiners for each bar subject, intended to maximize efficiency in both the preparation of questions and the checking of answers.

Proposed Timeline for the 2020/21 Bar Examinations

The Resolution also addressed a second major component of the concept paper: a comprehensive timeline. It stated that the concept paper proposed an orderly schedule to guide the Court and the Office of the Bar Chairperson in administering the 2020/21 Bar Examinations.

This timeline component was treated as a management tool to support orderly implementation, consistent with the Court’s role in overseeing admission to the practice of law.

Disposition of the Court En Banc

Acting on the recommendations of Associate Justice Leonen, the Court en banc issued a Resolution that “NOTES the concept paper on the proposed Bar Examination reforms” and APPROVES two specific matters. First, it approved (a) the proposed timeline of the Office of the Bar Chairperson with respect to the conduct of the 2020/21 Bar Examinations. Second, it approved (b) the recommendation that the Committee of Bar Examiners be composed of three (3) examiners per bar subject.

Accordingly, the Resolution both adopted the procedural timetable for the ex

Case Syllabus (G.R. No. 228671)

The matter concerned B.M. No. 3781, styled Re: Concept Paper on Proposed Bar Examination Reforms, decided by the Court en banc.
The Court issued a Resolution dated October 6, 2020, acting on a concept paper submitted for Bar Examination reforms.

Constitutional Authority for Admissions

The Court recognized that it held constitutional authority to promulgate rules concerning the admission to the practice of law.
The Resolution anchored the Court’s action on 1987 CONST., Art. VIII, sec. 5(5).

Institutional Structure of the Bar Examinations

The Resolution described that the Committee on Bar Examinations convened every year.
The Committee was headed by a Justice of the Supreme Court and was composed of bar examiners chosen by the Bar Chairperson.
The Bar Chairperson, with the approval of the Court En Banc, could determine and establish new guidelines on the conduct of the Bar Examinations.
The established guidelines had to be attuned to the objectives of the Court.

Impact of COVID-19 Postponement

The Resolution noted that governmental restrictions were imposed due to the COVID-19 pandemic.
The Court had recently announced the postponement of the 2020 Bar Examinations to November 2021.
The postponement informed the need for updated preparation and administration measures for the 2020/21 Bar Examinations.
The Resolution referenced Bar Bulletin No. 11, s. 2020 and Bar Bulletin No. 13, s. 2020.

Concept Paper and Proposed Innovations

The Resolution stated that, as part of the preparations for the 2020/21 Bar Examinations, Bar Chairperson Associate Justice Marvic M.V.F. Leonen submitted a concept paper to the Court En Banc.
The concept paper proposed innovations intended to make the Bar Examinations more equitable.
One key proposal was to increase the number of bar examiners per subject.
The Resolution also noted that, with the postponement and expected increase in the number of examinees, the Court could anticipate a larger pool of candidates.
The Resolution identified the relevant expectation as including those who w