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A PETITION TO DECLARE THE LEB LAW AS WELL AS ITS MEMOS CONSTITUTIONAL

A.Statement of Facts

What is PhilSat Presented here are some facts about PhiLSAT.

, the Philippine Law School Admission Test (PhiLSAT) is a prerequisite

for admission to the basic law courses leading to either a Bachelor of Laws or Juris Doctor degree beginning school year 2017-2018. Students cannot enroll in any law schools in the Philippines without the PhiLSAT Certificate of Eligibility (COE), based on the LEB Memorandum No. 18

Designed to measure academic potential to

pursue the study of law

According to LEB Memorandum Order 7, the PhilSAT is a one-day aptitude test intended to measure the academic potential of an examinee pursuing the study of law.

It will test a potential student's communication and language proficiency, critical thinking skills, and verbal and quantitative reasoning.

PhilSat Exemptions:

Honor graduates granted professional civil service eligibility, who are enrolling within 2 years from their college graduation, are exempted from taking the test. Those exempted from the exam will have to submit civil service recognition to the LEB.

Republic Act 7662 SECTION 7. Powers and Functions. —For the purpose of achieving the

objectives of this Act, the Board shall have the following powers and functions:|||

 

(e) to prescribe minimum standards for law admission and minimum qualifications and

 

compensation of faculty members

 

Previous Requirement for entering law school

The minimum requirement before LEB MEMORANDUM ORDER NO. 07-116 was created, were only, to be

The minimum requirement before LEB MEMORANDUM ORDER NO. 07-116 was created, were only, to be a graduate of any 4-year bachelor's degree, or its equivalent, from duly recognized higher education institutions in the Philippines and/or graduates from foreign higher education institutions with degrees equivalent to a 4-years bachelor's degree as certified by the

Commission on Higher Education.

with degrees equivalent to a 4-years bachelor's degree as certified by the Commission on Higher Education.

Purpose of the PHILSAT

 
 

As an addictional requirement to the be admitted to law school, under the LEB

MEMORANDUM ORDER NO. 07-16, aspiring law students must be able to get a passing score of FIFTY-FIVE PERCENT (55%) correct answer in the Philippine Law Admission Test. The PHILSAT is created for purposes of achieving the objectives of R.A 7662 and that is to improve

the quality of legal education of those aspiring to be included as a member of

the quality of legal education of those aspiring to be included as a member of the Bench. Needless to say, it is extremely important that the members must possess the right qualities in proper and necessary administering justice. Therefore, the judiciary created the Legal Education

Board to make sure the purpose is served.

administering justice. Therefore, the judiciary created the Legal Education Board to make sure the purpose is

B. Statement of Issues

● Whether or not the Republic Act (RA) 7662, the Legal Education Reform Act, is unconstitutional?

C. Arguments and Discussion

Constitutionality in the creation of LEB

- Creation of the Legal Education Board by Congress to promulgate rules on admission to legal education is valid. Legal Education Board enacts measures to improve the quality of the legal education in the Philippines. Sec 5 Par 5 ART VIII of the Constitution clearly provides that Judiciary has power to “promulgate rules concerning the admission to the practice of law, the Integrated Bar, and legal assistance to the underprivileged”. It was not mentioned that judiciary also has the power over admission into legal education, which is what LEB tries to improve on.

Constitutionality in the creation of a PHILSAT

Article VIII Sec.5 Par (5), states that “the Supreme court shall have the powers in the admission to the practice of law, the integrated bar and legal assistance to the underprivileged.”

a. Admission to the practice of law(?)

1. Is the creation of PHILSAT an allowable constitutional extension of the Judiciary’s

Power?

 

-

PhilSAT is a measure of testing for admission into the legal educat

2.

Are the rules and regulations consistent with the provisions in the Constitution?

 

-

b.

Simple and inexpensive:

1. Is the requirement for Philsat tedious?

2. Is PHILSAT pro-poor? Is there a fee? And if so, can an average income afford the fee?

LEB Memorandum Order No. 07-16, [December 29, 2016])

(6) Testing Fee — The testing administrator shall be authorized to collect from every examinee such amount as to cover the cost and expenses for the development, design, and administration of the PhiLSAT, which in no case shall exceed the amount of One Thousand Five Hundred Pesos (P1,500.00) per examination, unless otherwise expressly permitted by the LEB. |||

c. Diminish, increase or modify substantive rights

1. Is Philsat discriminatory?

- The Philsat does not diminish or modify any substantive rights. The Admission to the

legal profession is not a right but a privilege. Being that, it is provided for in Article VII Sec. 5 Par 5 that the judicial department has the authority, as one of its powers, to decide who gets to be allowed to get admitted in the legal education.

2. Does it compromise the right to education by limiting the students allowed

to enter law school?

- (PRC v de Guzman) - “it is true that the court has upheld the constitutional right of every citizen to select a profession or course of study subject to fair, reasonable and equitable admission and academic requirements. But like all rights and freedoms guaranteed by the charter, their exercise may be so regulated pursuant to the police power of the state to safeguard health, morals, peace, education, order, safety, and general welfare of the people. Thus, persons who desire to engage in the learned professions requiring scientific or technical knowledge may be required to take an examination as a prerequisite to engaging in their chosen careers”

● PURPOSE or OBJECTIVE OF RA 7662 (LEB)

REPUBLIC ACT NO. 7662

Section 2. Declaration of Policies. - It is hereby declared the policy of the State to uplift the standards of legal education in order to prepare law students for advocacy, counselling, problem-solving, and decision-making, to infuse in them the ethics of the legal profession; to impress on them the importance, nobility and dignity of the legal profession as an equal and indispensable partner of the Bench in the administration of justice and to develop social competence.

Towards this end, the State shall undertake appropriate reforms in the legal education system,

, maintain quality among law schools, and require

legal apprenticeship and continuing legal education.

require proper selection of law students

On 2017, the LEB Board has laid out a list of reform measures to improve legal education. Amongst these is the Philippine Law School Admission Test (PhiLSAT), the counterpart of the US Law School Admission Test (LSAT). This measure requires prospective law school

applicants to pass the PhiLSAT exam before they can be admitted to law school. This exam is without prejudice to a law school’s own entrance requirements (with the PhiLSAT standard as minimum) that every law school may impose on its own on applicants for admission.

The LEB implemented the admission test on April 16, 2017 and Eight thousand seventy-two (8,072) applicants took the exam. However, a petition was filed before the Supreme Court questioning not only the entrance exam requirement, but also the constitutionality of RA 7662 that created the LEB.

Apparently, the petitioners want the Supreme Court to regulate and supervise, not only the admission to the Bar and the practice of the legal profession, but legal education in the country as well as in accordance to Article 8 Section 5 Par 5. The petition’s approach of questioning the

constitutionality of the LEB’s charter

interestingly avoided the issue of the intrinsic merits of

the PhiLSAT.

Taking the mandatory admission requirement is a good way for aspiring law students to test their knowledge and comprehension skills as well as gauge themselves, whether or not they are capable to take on the arduous task that lies before them and become one of the implementers and legal advisers of our laws, simply put to find out if they have what to become lawyers.

● BENEFITS OF PHILSAT

- It provides a more efficient admissions examination for aspiring law students.

- It provides a nationwide mandatory standard of measure to determine who are fit to enter law schools in the country.

- Serves as a standardized measure of one