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Irene R. Cortes. Essays on Legal Education (1994).

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LEGAL EDUCATION IN THE
PHILIPPINES:
A CRITICAL APPRAISAL

INTRODUCTORY

The Philippines is an archipelago of 7,100 islands of

which 1200 are populated. It has a land area of 300.000
square kilometers. Its population according to 1984 estimates
exceeds 53 million and the per capita income in 1983 was
U.S.$760.1
Located in the principal sea lanes between the Asian
mainland and the lands in the vast Pacific basin, the
Philippines was during long periods of its history under
foreign rule. From 1521 when Magellan "discovered" and
claimed the islands for the crown of Spain until 1899 the
Philippines was a Spanish colony. The United States acquired
the Philippines by cession from Spain under the Treaty of
Paris and held it until 1946. This possession was interrupted
by some three years of Japanese occupation.

Paper prepared for Studies on Law andDevelopment inASEAN series in CH*E

YoKE, LING (ED), LEcAi. EDUCATION IN ASEAN UNIVERSIES: A CRmcIAL APPRAISAL 27-
48(1986)
2 ESSAYS ON LEGAL EDUCATION

The Legal System

The Philippine legal system bears the imprint of these

alien regimes as well as of other external influences. Three
major world legal systems, namely, Roman civil law, English
common law and Islamic law met in the Philippines and
practically displaced indigenous law. Today, customary rules
and usages are invoked, proved and applied in the courts of
2
justice only in the absence of positive law of alien origin.
From the legal standpoint, this is the extent to which
indigenous law may be said to have survived the influx of
foreign law. However, studies are beginning to show that
many customary rules and usages are deep-rooted and still
widely observed in the country.
The civil law rules introduced by Spain remain even
after the revision of the Civil Code which in four books
prescribe the rules governing private relationships pertaining
to persons, property ownership and its modifications, different
modes of acquiring ownership, and obligations and contracts.
The influence of canon law of the Roman Catholic Church is
particularly discernible in provisions governing family
relations. Constitutional law and other rules of public law
are largely drawn from American sources which trace their
beginnings to English common law. Islam antedated the
coming of Spain and its law was part of the way of life of the
Muslim population long before the rules on personal law were
codified and promulgated. 3
Reliance on rules derived from Spanish, American, and
Islamic sources has thus resulted in a legal system where the
sources are essentially expressed in foreign languages.
Legislation continues to be promulgated in English, a language
foreign to a large portion of the population.

The Government

Until 1973, the Philippines had a presidential type of

government patterned after that of the United States of
America. The early organic acts and the 1935 Constitution
provided for a separation of legislative, executive, and judicial
BACKGROUND 3

powers assigned to distinct branches of government,

established a system of checks and balances between the
different departments and incorporated a Bill of Rights
explicitly protecting individuals from the arbitrary exercise of
government power.
In 1972, martial law was declared and in 1973, a new
Constitution was promulgated. Martial law ushered in the
concept of "constitutional authoritarianism" with a
concentration of powers in the presidency. The 1973
Constitution and its amendments introduced features of the
parliamentary type ofgovernment, but the President continued
to exercise both executive and legislative powers even after
4
the establishment of the regular legislature.
The Constitution vested judicial powers in the Supreme
Court and in such inferior courts as may be established by
law.5 An essential qualification for appointment to the
judiciary is membership in the bar. A person admitted to the
practice of law is an officer of the court, participating in the
judicial function of declaring what the law is and dispensing
justice to litigants. But the role of the legal profession is not
confined to the technical functions of the bench and the bar.
The importance of its function lies in the fact that "it is the one
vested by society with the expertise and status to deal with
the problems of stability and progress through a normative
process."" Lawyers are also expected to act as critics and
agents of social change.
Parenthetically, measures have been taken to find ways
of settling minor disputes through conciliation in the
barangaysby the creation of the KatarungangPambarangay.
Conciliation proceedings are prerequisite before parties can
bring specified cases to court. The intervention of lawyers is
not permitted at this stage.'

The Legal Profession

The Constitution placed In the Supreme Court the

power to promulgate rules governing pleading, practice,
procedure, the admission to the practice of law, and the
integration of the bar.8
4 ESSAYS ON LEGAL EDUCATION

Membership in the Integrated Bar of the Philippines

(IBP), an organisation created by authority of an act of the
legislature 9 as well as by resolution of the Supreme Court"
and later explicitly provided for in the Constitution," is
compulsory.' 2 The 1985 IBP report which gave a total
membership of 32,21313 in 77 chapters, reveals the uneven
distribution of lawyers in the country. Thus, 29.94% of IBP
members are found in the Greater Manila region composed
of four chapters in Manila and one in Quezon City. This
region has a population of 3,054,476, representing 5.74% of
the total Philippine population. 4 The Quezon City IBP
chapter alone has 4,559 members, a larger membership than
5
that of the eighteen Mindanao chapters taken together.'
The large concentration of lawyers in Manila and Quezon
City can be explained by the fact that these are centres of
government, education, and business. The big law firms and
individual practitioners also gravitate to these cities.
If lawyers were evenly distributed nationwide, the
lawyer to population ratio in 1984 would have been 1:1,645.
However, only about 30% of lawyers are engaged in law
practice and make available their services to clients.' 6 This
would make the effective lawyer to population ratio 1:5,485.
But the population movement from rural areas to urban
centres is nowhere more dramatically shown than in the case
of lawyers as the figures show. Thus of the 32,213 IBP
members, 9,647 are in Manila and Quezon City, where the
lawyer to population ratio would be about 1:316 or assuming
that only 30% are practising lawyers, an effective 1:1055
ratio. On the other hand, the effective ratio for the rest of the
country would be 1:7386. These figures are given not for the
purpose of establishing the desirable ratio but simply to show
where the lawyers are.

The Right to Counsel

Explicit constitutional provisions underscore the role of

the legal profession in the administration ofjustice. The Bill
of Rights 7 enumerates in detail the rights of the accused in
criminal cases and explicitly guarantees that any person
BACKGROUND 5

under investigation for the commission of an offense shall

have the right "to counsel and to be informed of such right".18
The constitutional mandate that "free access to the
courts shall not be denied to any person by reason of
poverty"' 9 is implemented by rules of the Supreme Court
providing for the appointment of counsel de oflcio and
allowing suits by pauper litigants. 20 The government has also
established agencies to provide free legal assistance.
Under its Constitution and by-laws the Integrated Bar
of the Philippines gives priority to the establishment of legal
aid offices in its various chapters 2' and makes legal 22
education at several levels among its principal concerns.

BACKGROUND OF LEGAL EDUCATION

Formal legal education was not always a prerequisite

for admission to the practice of law in the Philippines. There
was a time when it was still possible after self-study or
apprenticeship with lawyers to take and pass the bar 23
examinations and become a member of the legal profession.
Formal legal training was instituted in the countrywhen
the first law courses were offered in 1734 by the Pontifical
University of Santo Tomas. Spanish was then the language
of instruction. The curriculum dealt principally with various
fields of civil law; but canon law, ecclesiastical discipline,
elements of natural law as well as studies in economy,
statistics, and finance formed part of the academic offerings.
The first law courses conducted in English began In the
Manila Young Men's Christian Association (YMCA) in 1910.
A year later, the Board of Regents of the University of the
Philippines established a College of Law. The students who
began in the YMCA School were admitted as24sophomores and
became the first graduates of this school.
In time English replaced Spanish as the language of
instruction and continues to be used to this day. The
curricular plan formulated in 1911, in the University of the
Philippines College of Law, became the prototype of curricula
followed in all other law schools.
By constitutional fiat, legal education is made subject to
6 ESSAYS ON LEGAL EDUCATION

the rule-making power of the Supreme Court and to the

'supervision of, and regulation, by the State;"25 but as
institutions of higher learning, law schools are guaranteed
26
academic freedom.
In the exercise of the power to prescribe rules on
admission to the practice of law, the Supreme Court has not
only determined the subjects on which the examinations will
be given, the percentage of each subject, howthe examinations
will be conducted, but it also specifies what courses an
applicant forthe bar examinations must take in the four-year
study leading to the Bachelor of Law degree and in the
preparatory baccalaureate courses. 2 7 The formal training
required for admission to the bar takes eight years of tertiary
education to complete: a four-year preparatory course and
another four years in law school. After finishing their law
degree, students usually enroll for refresher courses to
prepare for the bar examinations. Another year will have
been spent before the successful bar examinees can take
their oath as lawyers.

Law Schools

At first law schools were established only in Manila.

Today each of the thirteen regions into which the Philippines
is divided for administrative purposes has at least one law
school. The national capital region which includes Manila
and Quezon City has sixteen.
In 1984, the Supreme Court listed 60 law schools whose
students took the bar examinations. The Bureau of Higher
Education in its 1983-84 listing gave a total of 54 authorised
law schools; while the Philippine Association of Law Schools
(PALS) as of November 1981 had 49 members.
These schools fall into two general categories: those
established and maintained by the private sector and those
established In State supported universities. Up until the last
few years, only the University of the Philippines College of
Law was State supported. Lately, three more have been
established.2"
All law schools are subject to the Supreme Court rules
BACKGROUND 7

on admission to law practice. Private law schools are

supervised by the Bureau of Higher Education. They cannot
be organised without a permit from the Bureau nor can they
continue to operate without satisfying requirements for
29
recognition.
On the other hand the University of the Philippines
College of Law is governed by a special legislative act 3 which
together with the constitutional guarantee of academic
freedom enables the school to operate with some degree of
autonomy. However, since University of Philippines law
graduates must also qualify for the bar examinations, its area
for innovation is circumscribed by the Supreme Court rules.

The Law Curriculum

The curriculum of Filipino law schools has been the

subject of concern over the years. Its shortcomings have
3
been noted and proposals to remedy them have been made. '
The Supreme Court created committees to evaluate legal
education in the country and to recommend measures for
reform. 3 2 A Committee of the Integrated Bar of the Philippines
in cooperation with other organizations and the Supreme
Court worked for a year, and submitted to the IBP an
instrument for law school accreditation. 33 This was
submitted to the Supreme Court. The Supreme Court has yet
to act on this report, as well as to Implement those
recommendations made by its own two committees.
The Philippine Association of Law Schools (PALS) and
the PhilippineAssociation of Law Professors (PALP) periodically
convene. 34 Their agenda in these meetings invariably include
curricular reform but except for a few changes, the curriculum
of private law schools remains essentially as it was in 1963.
The University of the Philippines College of Law, on the other
3
hand, completely revised its curriculum in 1983. 5
Private law school offerings as a rule follow the curriculum
approved by the Bureau of Higher Education. The fields of
law and the total number of units devoted to them, correspond
to the subjects of the bar examinations and those mandated
by the Supreme Court for inclusion in the curriculum. The
8 ESSAYS ON LEGAL EDUCATION

courses offered, the credit hours, and even their sequence

36
must have the imprimatur of the Bureau.
In the fourth conference of law schools held in 1980 7
this author enumerated the following shortcomings of the
law curriculum:

(a) It is primarily, and overly oriented towards passing

the bar examinations:
(b) It attempts to cover every field of law and to teach
all the law there is;
(c) It gives little, if any, training in the practical aspect
of the profession;
(d) It gives scant attention to professional ethics and
the public responsibilities of the lawyer.

That the four-year course is geared to prepare students

for the bar examinations is evident from an examination of
the subjects prescribed in the curriculum as well as the
fourth year review courses which most law schools offer. Still
uncertain about how graduates will fare in the examinations,
refresher courses after graduation are also conducted for
them. Such preoccupation in passing the bar examinations
practically leaves students and faculty, with time for little
else.

LAW TRAINING - OBJECTIVES

AND OUTCOME

Objectives

A review and assessment of the law curriculum

38
made
in the 1970s revealed the following objectives:

(a) To prepare students for the practice of law.

(b) To train persons for leadership in different spheres
of service.
(c) To develop men and women in technical and policy
positions in the civil service and the private
sector.
BACKGROUND 9

(d) To contribute to the development of Philippine

jurisprudence.

Sectarian schools added a fifth objective, namely:

(e) To produce competent, honest, and dedicated

lawyers whose motivation derives from the
Christian ideals of truth, justice, and brotherly
love.

A subsequent study made about ten years later by a

Committee of the Supreme Court 39 suggested that legal
education should aim:

(a) To prepare students for advocacy, counseling,

decision-making and to deal with the recognised
problems of the present as well as the anticipated
problems of the future;
(b) To inculcate in them the ethics and the
responsibilities of the legal profession;
(c) To develop in them the desire and capacity for
continuing study and self-improvement;
(d) To contribute towards the advancement of the
legal system; and
(e) To produce socially committed lawyers of
competence and integrity with an awareness of
the responsibility of leadership.

The objectives announced by law schools and those

suggested for them give first priority to the preparation for
membership in the legal profession.
Since passing the bar examinations is an essential
requisite for admission to the practice of law, these examin-
ations have become the qualifying process for membership in
the bar. Preparing students to pass 40
them is the paramount
objective of nearly all law schools.
The goal sought to be achieved by law schools in the
1970s was essentially what society perceived to be the role of
lawyers, Le., to be private practitioners and officers of the
court or leaders in the public service, both as elective officials
and as civil service functionaries, or "inpositions of influence
In private enterprise."
10 ESSAYS ON LEGAL EDUCATION

The 1980 statement of what the law schools' objectives

should be, elaborates on what constitutes law practice, and
stresses the responsibilities of the legal profession. The
proposed code of professional responsibility 4 classifies these
responsibilities into four categories: those pertaining to
clients, to the courts, to fellow lawyers, and to the public. The
fourth includes legal service to the disadvantaged and -the
dispossessed so that they may have equal access to justice.
Law schools are urged to aim at producing socially committed
lawyers of competence and integrity and to imbue students
with an awareness that if they will be leaders they should be
ready for the responsibilities of leadership. To what extent
does law school training come up to these objectives?

Outcome
"Social commitment" and "public responsibility" are the
aspects of legal education on which this FNS (Friedrich-
Naumann Stiftung) study program on Law, Legal Education
and Social Change in SoutheastAsia focuses.
A "White Paper" on the current state of the Philippine
judiciary devotes a substantial part of its study on legal
education. Part of its finding is that "one of the most
prevalent as well as telling criticisms against today's legal
education is that it does not even produce technically proficient
lawyers, not to speak of producing lawyers with a broad
understanding of the law, a deep concern for human rights,
or a commitment to the ethics of the profession". 42 It goes
further to say that even technically proficient lawyers would
43
more often than not fit into one of the types described below.

... Law schools have done nothing to correct three

basic characteristics of lawyers: (1) that they are
generalists who really believe that they know what
is best for everybody, (2) that they are technicians
that make no moral judgments, concentrated on
extricating their clients from the predicaments in
which they find themselves; and (3) that even
lawyers entering the government service carry with
them their technical, extricating competence and
BACKGROUND 11

devotion to their client's interest and are unable to

view themselves as duty-bound to serve all the
people that make up the public, or to strike a
balance between the conflicting duties of a "hired
gun" and those of a "servant of the law."

In 1977 the Law Research Council of the University of

the Philippines sponsored a study of the legal profession by
a team jointly headed by a sociologist and a lawyer. This pilot
study which took three years to complete, interviewed by
random sampling a total population of 1,074 lawyers in
Metro Manila and the provinces. The findings include lawyers'
perceptions and attitudes on such issues as legal education,
social change and development, responsibilities and functions
44
of the legal profession.
In the introduction of the results of their study the
principal researchers noting the critical nature of the legal
profession advanced the view that: "Because of the direct link
between the legal processes and the structure of social
alterations, the social awareness of lawyers, together with
"4
their attitudes towards critical social issues, is important. 5
On legal education, the survey produced more questions
than answers. Forty-four per cent of 977 respondents
expressed dissatisfaction over the content of the present
curriculum (such as irrelevant subjects, its broad scope with
foreign orientation, non-emphasis on ethics); the methodology
of teaching; the long duration of the law course, and an over-
emphasis on the bar examinations. Regarding national
concerns which the respondents believed should be included
in the curriculum, the responses were generally categorized
into societal, economic and political development, martial
law, judiciary, legal and professional ethics. Under societal
development the respondents mentioned poverty,
unemployment, youth and family welfare, education and
national identity.'
Sixty-eight per cent of 1,011 respondents stated that
the training in law schools does not adequately prepare for
the actual demands of law practice, however two out of three
of 978 respondents stated that legal education adequately
deals with concrete Filipino problems. The one-third who
12 ESSAYS ON LEGAL EDUCATION

expressed a contrary view attributed the inadequacy of legal

education to it being too academic, not being oriented to
social problems, and not developing commitment and
involvement in nation building. 47 Ninety-seven per cent of
the respondents felt the need for continuing legal education."

SOME PROBLEM AREAS IN LEGAL

EDUCAT 1ON

The general dissatisfaction over legal education is felt

even more keenly by the teaching arm of the legal profession.
As earlier stated, law deans and professors discuss in
periodic conferences the manifold problems of legal education,
but their primary concern continues to9 be their graduates'
4
performance in the bar examinations.
However, passing these examinations is only the last
step in the formal preparation for admission to the bar.
Lawyers of integrity, competence and social commitment are
the product of a life-long education starting from the earliest
years when values, attitudes, habits of study and discipline
are formed.
The malaise that afflicts legal education may be traced
to causes responsible for the sad state of education in the
country. Among these are lack of financial resources and
facilities, the problems relating to language, the curriculum,
the faculty, teaching methods, and student admissions.

FinancialResources and Facilities

Private schools are primarily dependent on students'

fees for their support, the state-supported law schools receive
annual appropriations from the government but none of
these law schools have adequate funds to answer the needs
of the faculty and other personnel or to develop library and
other facilities. Even the University of Philippines College of
Law which has one of the better libraries in this part of the
world is not able to keep up its serials subscriptions and
update its collection. The situation has become worse because
of the current economic crisis.
BACKGROUND 13

Language Problem

Language is a major problem for the entire educational

system. There are eight major languages and more than 85
dialects spoken in the Philippines, but law courses are
conducted in English. In the primary and secondary levels,
instruction is bilingual, Le. Pilipino and English are used.
English is the medium of instruction in the tertiary level,
although some lectures are conducted in Pilipino.
Despite the continued use of English as medium of
instruction, English proficiency among Filipinos has generally
declined. A common observation among bar examiners is
that examinees reveal not only a lack of basic knowledge of
the law but a sorry want of ability to communicate their ideas
in English which is the language used in the bar examinations.
There is no easy solution to the language problem.
In 1935 the Constitution provided for the development
and adoption of a common national language based on one
of the existing native languages."' Work on the development
of a national language was done, but to date a common
national language has yet to be fully developed. The 1973
Constitution provides that English and Pilipino shall be
official languages and is itself officially promulgated in these
languages.5 2 It also provides that "the BatasangPambansa
shall take steps towards the development and formal adoption
of a common national language to be known as Filipino".5
Pilipino, which is based on Tagalog, the language spoken in
Manila and the neighbouring areas, is gaining ground as
linguafranca.But Filipino as the common national language
has yet to come into being and be formally adopted.
English continues to be the language ofthe law. Statutes
are promulgated in English, so are court decisions and
executive issuances.
Jurisprudence is largely in English, Spanish sources
are now rarely cited. A good command of English is thus
essential for law students and the lawyer population as a
whole if they are to render effective legal service. But a
growing number of law students are finding difficulty in the
use of English.
14 ESSAYS ON LEGAL EDUCATION

Faculty

Only a few law schools aside from the University of the

Philippines College of Law have a full-time faculty. The major
part of the law teaching is done by part-time law teachers who
report only for their teaching hours and pursue other careers
in the judiciary, in government, or private practice. Law
teaching is by-and-large incidental to other professional
activities of the lawyer.
In the University of Philippines College of Law where
full-time positions are available, recruitment and retention of
faculty members is not an easy task. It is rare that a law
graduate would make law teaching a career as its
compensation is not competitive with employment in both
the public or private sectors.
The quality of teaching, the methods of instruction, and
the consistency in the application of academic standards
vary depending on the law schools, the qualification,
experience, and zeal of law teachers, and the efficiency of the
law school administration.

Student Admissions

A few of the law schools prescribe admission tests and

follow a screening process for applicants. A minimum
weighted grade average may also be prescribed for graduation,
but most schools admit any applicant who satisfies the
preparatory law requirement.
A great majority of law students hold full-time jobs and
attend evening classes. Only the University of Philippines
College of Law and a few private law schools offer day classes
in which students fully devote their time to law studies. Only
the former prescribes a longer course (five years) for evening
students.
As was pointed out, in most Philippine law schools law
teaching is done by part-time law teachers for part-time
students. This undoubtedly affects the quality of legal
education.
BACKGROUND 15

The reason why the bar examinations -figures so

prominently in the training of future lawyers is because of the
uneven academic standards ofthe law schools in the country.
The attempt in the mid-seventies to establish a system of law
school accreditation has not met with much success.4

LEGAL ETHICS AND THE CURRICULUM

Educationists have long debated the question of whether

ethics should be taught. In the Philippines, the subject of
legal ethics is required in the curriculum and together with 5
practical exercises rates 5 per cent in the bar examinations
but asJ B.L. Reyes once pointed out, "the rules of professional
ethics and responsibility, that place a distinctive imprint on
the legal profession and make it apart from other careers, are
accorded but casual attention in the law course, treated as
an unwanted relation, a subject of no importance compared
to the acquisition of technical proficiency.5
Lawyers have been disbarred or meted out other
disciplinary sanctions for unethical conduct. The course on
legal ethics usually stresses disciplinary cases, but law
teachers who have pondered on the subject realize that legal
ethics is appropriately a part of every course in the law
curriculum and that every opportunity to bring it out should
be taken. Even more important is the axiom that in legal
education as in all other training, nothing is more effective
than teaching by example. Hence, in addition to instruction,
it is also the responsibility of the law teacher to be a model of
what a lawyer should be.

LEGAL EDUCATION AND SOCIAL

RESPONSIBILITY

The idea that the aspiring law student be made more

keenly aware of the economic, social and political problems
of the larger society and of the 'responsibility the legal
profession to others particularly the disadvantaged, has yet
to be deliberately promoted in law teaching. The question
16 ESSAYS ON LEGAL EDUCATION

that needs to be answered is whether it is possible under the

existing system of legal education to produce socially
committed lawyers.
An examination of the law curriculum prescribed by
practically all law schools5 7 reveals how thinly the four-year
course spreads in attempting to include every area and
subdivision of law. Codal provisions, special legislation,
court decisions, implementing rules and regulations and
presidential issuances of all forms numbering more than a
couple of thousands have to be studied. The bar examiners
could draw questions from any of these. To make doubly sure
that nothing is left out, review courses in the principal areas
of law are prescribed. These are no more than a rehash of
basic courses taken earlier. The tightly packed curriculum
includes international law, a bar subject. In some law
schools, skills courses and perspective courses like legal
philosophy or legal history are given as required or optional
subjects. 8
Of the courses offered none can be singled out as
directly aimed at producing lawyers with social consciousness,
committed to the public responsibility of the profession. In
the survey of the legal profession, 77 per cent of 1,043
respondents agreed to the proposition that the administration
of Justice retains its validity and force only when It is viewed
by legal practitioners in terms of the larger interests of
society. An even bigger percentage stated that it is the role
of the lawyer to make the law responsive to Filipino needs. 9
However about 48 per cent of the respondents agreed that
because legal education is too oriented to private practice,
many prospective lawyers become divorced from the concrete
needs of society.'
Is it necessary then to design an entirely new curriculum
especially aimed at making law students socially conscious
and people-oriented? Can this be done even under the
existing law school curricula by stressing the public interest
aspect without necessarily detracting from thorough treatment
of substantive problems and issues involved in various fields
of law?
BACKGROUND 17

It is submitted that this can be done. For. example.

constitutional law can be approached as a system oflimitations
on governmental powers for the protection of human rights
rather than of power operating as -constraints on people's
liberties: labor relations law could be labor instead of
management oriented, administrative law can be viewed as
regulatory functions operating to protect the public interest
and not, as may happen, protection of the enterprises subject
to regulation. 1,
New courses could also be introduced to keep pace with
the changing social needs. Our common characteristic of the
legal systems in Southeast Asian countries, for example, is
the extent to which law introduced by colonial regimes has
displaced indigenous law as normative rules. However, more
indigenous law may have survived In the form of customary
rules and practices. To the extent this is true, it would be an
appropriate area for study. Law in relation to other disciplines
could be introduced as elective subjects in the curriculum.
Important social concerns like human rights, poverty, women's
rights, etc. could be related to law and the legal processes.
Law in relation to development could thus be presented in a
more deliberate and systematic way.

A REVISED LAW CURRICULUM

After years of planning and discussion the curriculum

of the University of Philippines College of Law has been
revised and implemented. 8' In the transition, difficulties
requiring remedial measures have surfaced, but a start has
been made to break away from the bar examination syndrome
afflicting Filipino legal education. The new curriculum
departs from the traditional view that students of law should
take up a common prescribed course of study. It provides for
a core of 95 units as required courses but gives students the
right to elect, in the areas of their interest, 38 out of the 133
academic units needed to complete LL.B. degree. In the last
year of the law course students take a total of eight units of
practicumunder the supervision of the faculty and lawyers in
18 ESSAYS ON LEGAL EDUCATION

Office of Legal Aid (OLA) maintained by the College and the

University Law Center. The OLA renders free legal assistance
to indigents.
Among the electives which students can take are courses
in Philippine Indigenous Law which inter alia examines
national laws and policies as they affect cultural communities,
and graduate seminars in Law and Poverty, Human Rights,
Population and Law, ComparativeLaw, or some advanced
courses in other disciplines, up to a specified limit.

THE ENVIRONMENT OF LEGAL EDUCATION

The training of future members of the legal profession is

not the exclusive concern of law schools. In the Philippines,
members of the legal profession, individually and in the IBP,
share part of the responsibility. Students going through
legal training are undoubtedly influenced by the attitudes
and the conduct of the members of the profession that they
aspire to join.
The first lawyers the students have for models are their
law teachers. It is not only the discipline, competence and
dedication of their teacher which influence students, but also
their social consciousness and commitment. What they
teach, how they teach and what they are will to a large degree
reflect on their students' attitudes.
As law students progress in their law studies, their legal
universe also widens to include practising lawyers, members
of the bench and lawyers in other activities. This wider
community of lawyers also influence the young men and
women training for law.
In the survey of the legal profession, 60 per cent of 1,048
respondents disagreed with the proposition that the legal
profession does not help individuals and groups in ensuring
access to legal services, but 57 per cent of 1,053 respondents
agreed that many legal practitioners are not fully conscious
of the need to share the responsibility of attaining justice for
every citizen. 62 One way of interpreting these seemingly
contradictory views is to take them to mean that while
individual private practitioners think that a large number of
BACKGROUND 19

lawyers are not personally committed to assume the public

responsibility of the profession, they believe that the legal
profession, represented by the IBP, helps in ensuring access
to legal services. In other words, while individual lawyers may
not have internalised the public character of the profession
they hold the view that is the responsibility of the IBP, of other
lawyers' organisations and agencies of government to ensure
that justice is ensured to all.

RECENT DEVELOPMENTS

The survey of the legal profession was done during the

period of martial law, as political, economic and social
changes were effected under a system of "constitutional
authoritarianism." According to the researchers "lawyers are
not only expected to possess a commitment to legal
responsibility but at the same time they must be morally
responsible, because they can be the instrument for the
perpetuation of a given social order and in fact the best
legitimiser of it. However, they can also be the very instrument
forthe transformation of that social order. The legal profession
must keep a delicate balance between the two poles. This is
the most critical dilemma that confronts our lawyers today.6
In the early days of martial law, the legitimising function
of the Supreme Court was evident. Martial law was formally
lifted in 1981, the judiciary was revamped in 1983, and the
regular legislature elected in 1984. But a concentration of
governmental power still remained with the President. The
country was in the throes of a deepening crisis which has
wrought even greater hardship on the vast majority of the
population already existing below the poverty line. The
situation posed a challenge to the legal profession to help
overcome the crisis by the creative use of law as an instrument
of social policy.
The legal profession and legal training have begun,
though slowly, to face up to the function that law has to play
in a developing, Filipino society.
The IBP gives top priority to legal assistance to the
disadvantaged; especially because the Constitution
20 ESSAYS ON LEGAL EDUCATION

guarantees the right to counsel and access to the courts, the

responsibility for making these a reality lies not only in
government but in the legal profession as well. The IBP
response has been the organization in each of the 77 chapters
of a legal aid office.
Realizing the need for acquainting people with their
legal rights and responsibilities, and "to equip the participants
with the basic knowledge and skill for purposeful citizenship
participation in community and national affairs," the
University of Philippines College of Law and its Law Center
undertook a project to "popularize" the law through seminar
workshops for grassroot organisations of women, farmers
andyouth. Subsequently, this was expanded to the Barangay
Legal Education Seminars (BLES) for local leaders. Practical
law teaching has since been introduced as a pilot project for
64
school children.
These projects to promote legal literacy for lay persons
include the use of the mass media, like radio and print media
in comics book format. 65 Pursuant to its objectives to
"conduct a campaign to educate the people on their legal
rights and obligations, on the importance of preventive legal
advice, and on the true functions and duties of the Filipino
lawyer",6 the IBP participates in these activities through its
local chapters.

LEGAL AID PROGRAMMES

Former Chief Justice Roberto Concepcion6 7 traces legal

aid in the Philippines to "even before the end of the last
century" and the introduction as early as April 23, 1900 of the
basic right to counsel as well as the requirement that counsel
de officio be appointed where the accused cannot afford
one.6 The Rules of Court and subsequent legislation made
provision for legal assistance and various agencies extend
legal services to specified beneficiaries.' 9 As previously
mentioned, one of the principal projects of the IBP is its legal
aid services. However, even before this national organization
was created, voluntary lawyers' groups had already established
legal aid services. Women lawyer organizations were the first
BACKGROUND

to undertake legal aid projects in Manila. 0 Other

organizations of lawyers followed but their operations were
usually limited to certain places. It was not until much later
that organizations for legal assistance became national.
In June 1969, the Philippine Bar Association expanded
the scope of its free legal aid service by establishing the
Citizens Legal Aid Society of the Philippines (CLASP). It
envisioned in its organizational structure a national Congress
under which are a Board of Governors and national officers,
and operations in four areas: Metropolitan Area, Luzon,
Visayas, andMindanao organized as regions with a chairman
and a chapter under each region.
The objectives of the CLASP are free legal aid within
reach of the masses; the development of social consciousness;
and the check and prevention of injustice by agencies of
7 1
government.
The last two objectives introduce a new dimension to the
concept of legal aid. Before this, activities of both public and
private legal assistance work were along the traditional
approach of helping those who could not afford the services
of a lawyer. As emphasis on the public responsibilities of the
legal profession increased, so did pro bono practice. The
development of social consciousness and the prevention of
injustice were the next progressive steps. Afurther expansion
of legal aid has since been articulated: that of developmental
legal aid, which in the words of former Senator Diokno is -a
different type of legal aid, one that will not supplant traditional
legal aid but supplement it, concentrating on public rather
than private issues, intent on changing instead of merely
upholding existing law and social structures, particularly in
the distribution of power within society. This new type of
legal aid is needed because development is more than just
feeding, clothing, curing, teaching, and housing people.
Many prisons do as much. Development is above all deciding
what food, clothes, medical care, education, and housing
they need and how to provide them."72
This is the type of legal aid the Free Legal Assistance
Group (FLAG) of the Philippines undertakes. The FLAG has
to date about 300 active lawyer-members in 15 regional
22 ESSAYS ON LEGAL EDUCATION

chapters. each chapter composed of several provinces and

chartered cities. As a developmental legal aid group, its
approach to requests for assistance is first to determine
whether the client's difficulties are personal or a social
problem. If the former, the client is referred to traditional
legal aid services. If the latter, they, involve their clients in
seeking. not only a legal solution to the problem, but also its
social cause, the particular social structure and social
solutions. If the law is inadequate or if it violates -the client's
rights, development legal aid lawyers do not hesitate to say
so, and to explore the causes 73
for the law's inadequacy
together with their clients.
The Aquino assassination in 1983 triggered wide-spread
mass action in the form of demonstrations, rallies, protests,
marches and strikes, with participants from student, labor,
business, professional, religious, women, and other groups,
as well as people not identified with any group. These started
in Metro Manila and spread out to other cities and provinces.
Police and military reactions included arrest and detention of
participants and leaders for periods beyond the statutory
limits prescribed for detention without formal charges. The
lawyers' response to the growing incidence of these arrests
and detentions with or without presidential orders7 4 is made
through groups of lawyers involved in human rights work. In
addition to the FLAG are organizations which have as
acronyms the names of national heroes, such as the Movement
of Attorneys for Brotherhood, Integrity and Nationalism, Inc.
(MABINI) and the Brotherhood of Nationalistic, Involved and
Free Attorneys to Combat Injustice and Oppression
(BONIFACIO). Composed mostly of young lawyers, these
groups represent those arrested and detained from the time
they were picked up and interrogated through various legal
proceedings up to the Supreme Court on habeascorpus and
other processes.
The organization and activities of these lawyer groups
are part of the universe of students preparing to become
members of the legal profession. Law students especially in
the Metro Manilaareas participate on a voluntary basis with
these organizations in the delivery of legal services. For
BACKGROUND 23

example, students of the University of Philippines College of

Law, organized in 1981 the University's Paralegal Volunteer
Group which coordinates with the FLAG and the MABINI. It
is oriented to a "politicized legal aid as a means to contribute
to human and societal development."According to the generel
objectives which determine its activities this group aims at:

a) Exposing law students and lawyers to the requirements

of the underprivileged social groups in need of legal
assistance.
b) Extendingmuch needed legal assistance, advice and/
or education to labor groups, urban poor communities,
peasants and other sectors in need of said help (cases
involving common crimes, shall not be handled by
this programme as other legal aid institutions are
already providing assistance to these cases).
c) Providing avenues and opportunities for the training
of technical legal skills of the law students in potentially
challenging issues of labor relations, agrarian relations
and in defense of civil and political rights.

Specific objectives are usually laid down on an activity

basis, depending upon the character of assistance requested
of paralegal volunteers by lawyers' groups, human rights
institutions and other sectoral support groups.
The paralegal training period is undertaken at the end
of the academic year during the months of April and May. The
work of the paralegals Is not part of their regular activities in
the law school and is voluntarily done in addition to the
practical work required in the curriculum. This is the students'
response to what they feel is missing in the training which in
their view is "detached and alienated from the demands and
needs of the larger and broader social environment, treating
legal issues and problems distinctly and independently from
the problems of social change and development. It finds
meaning in the role of legitimising, institutionalising and
reinforcing elitist dominance. It disregards its potential role
7 5
as a dynamic force for social change".
If this is the perception of law students regarding the
24 ESSAYS ON LEGAL EDUCATION

curriculum under which they are training, what is the law

schools' perception of their course offerings? In a survey of
law schools undertaken for this paper, the responses received
reveal that some changes in the law curriculum have been
introduced in a few schools. One private law school in
Mindanao has incorporated practicum in the curriculum
76
and has a radio program giving legal information and advice.
A Baguio law school introduced practicum in its curriculum
to be carried out in cooperation with the Citizens Legal Aid
Office (CLAO). but the Deputy Minister of the Ministry of
Education, Culture and Sports postponed its
implementation. 7 Other schools maintained legal assistance
projects7 8 but one had to discontinue its project.7 9 In the
University of Philippines College of Law, practicum as part of
the curriculum is undertaken through an Office of Legal Aid
which has been operating for more than ten years. By
curricular revision the practicum has been expanded and
more electives were offered to enable students to pursue their
lines of interest. The flexibility thus introduced can easily
accommodate people-oriented courses and a more innovative
approach to law teaching.

SUMMARY

Legal education in the Philippines, by and large, still

follows the traditional route of preparing students for private
law practice; the curriculum continues to emphasize
preparation for bar examinations.
Law schools beset by manifold problems continue to
seek remedies for perceived inadequacies in their training of
students for membership in the legal profession and for
positions of responsibility.
Legal education in the Philippines as in other countries
does not exist apart from the milieu in which it operates.
What transpires in the society and in the legal profession
influences formal legal training. But the role of legal education
transcends these. Those in whose hands legal education is
entrusted cannot afford to be passive or neutral observers of
the passing scene. Legal education not only has to keep
BACKGROUND 25

abreast of and reflect social change but also to anticipate and

in certain cases help initiate them. For lawyers in the
academic world, teaching, research, and publication are
avenues to contribute towards a better understanding of
societal problems and finding means to solve them. Their
most significant contribution, however, is teaching not by
words but by example.

Notes

1. Bulletin Today, 21 March 1985. p. 17, citing World Bank Atlas,

1985; Note: according to 1990 estimates, it exceeds 60 million
and the per capita income in 1990 was P15,307 (1991 Phil.
Statistical Yearbook, 2, 4 [NEDA. 19911)
2. CIVIL CODE, arts. 9-12
3. CODE OF MUSLIM PERSONAL LAWS OFThHE PHILIPPINES, Pres. Decree No..
1083 February 4, 1977.
4. Arts. VII, VIII, and IX [1973 CONST.] as amended by Amendment
No. 6, 1976 Amendments; (With the ratification of the 1987
Constitution, there was a return to the presidential form of
government)
5. 1973 coNsr., Art. X, sec. 1; 1987 coNsT., Art. VIII, sec. 1
6. BoNFAcIo, M. F. AND MAGALLONA, M. M., A SURVEY OF THE LEGAL
PROFESSION INTHE PHILIPPINES, University of Philippines Law Center
(1982), p. 2.
7. See, KatarungangPambarangayLaw. Pres. Decree No. 1508,
secs. 6 & 9, June 19, 1978. The barangay is the smallest
political unit in the Philippines. (This was subsequently
repealed by Rep. Act No. 7160 (199 1) and incorporated in Arts.
399-422 which enlarged its jurisdiction.)
8. 1973 CoNsT., Art. X, sec. 5(5); 1987 CONST., Art. VIII, sec. 5(5)
9. Rep. Act No. 6397, September 17, 1971.
10. In the matter of the Integration of Bar of the Philippines,
January 9, 1973.
11. Supra, note 6.
12. Rules of Court, Rule 139-A, secs. 1, 9-11. By-Laws of the IBP,
sec. 17.
13. This does not include lawyers admitted in 1985 who number
563.
14. Population projections (medium growth) for 1984 obtained from
the National Census and Statistics Office are based on the 1980
census.
26 ESSAYS ON LEGAL EDUCATION

15. Atotal of 3,655 in the Eastern Mindanao and Western Mindanao

IBP regions.
16. See, 'The Law Teacher in Philippine Society", infra at p. 247; 51
Phil. L.J. 1 (1976).
17. 1973 CONST., Art. IV;. 1987 CONST., Art. III
18. 1973 CONST., Art.IV, sec. 20; under sec. 12, Art. III of the 1987
Constitution, "any person under Investigation for the
commission of an offense shall have the right to be informed of
his right to remain silent and to have competent and independent
counsel, preferably of his own choice. If the person cannot
afford the services of counsel, he must be provided with one.
These rights cannot be waived except in writing and In the
presence of counsel."
19. 1973 CoNsT., Art. IV, See. 23; section 11, Art. III of the 1987
CONSTITmON provides: 'Free access to the courts and quasi-
Judicial bodies and adequate legal assistance shall not be
denied to any person by reason of poverty."
20. Rules of Court(1964), Rule 116,sec.4;1955 Rules on Criminal
Procedure(Rules 110-127, Rules of Court), Rule 116, sec. 6 and
Rule 138, sec. 31.
21. By-laws, IBP, sec. 55,Guidelines Governing the Establishment
and Operation of Legal Aid Offices in All Chapters of the IBP,
adopted on May 31, 1974.
22. Id., Sec.2(6): See The IBP and Legal Education. infra at p. 63;
I J.Integ. Bar Phil., 159 (Sept. 1973).
23. Among those who did not go through formal legal training before
admission to the bar may be mentioned legal luminaries like
former Judge Guillermo Guevara, former Senator Vicente
Francisco. Teofilo Sison, and Potenciano Trenas.
24. Among the members of that class were a President of the
Republic of the Philippines, Manuel A. Roxas and a Chief
Justice of the Supreme Court, Ricardo Paras.
25. 1973 CONsT, Art. XV, sec. 8(1 ); sec. 4 (1) ofArt. XIV of the 1987
CONSTITUTION, provides that: "The State recognizes the
complementary roles of public and private institutions in the
educational system and shall exercise reasonable supervision
and regulation of all educational institutions."
26. 1973 CONsT, Art. XV, sec. 8(2); (1987 CONST., Art. XIV, sec. 5 (2)).
27. Rules of Court. Rule 138, sec. 5 (2nd par.).
Sec. 5. Additional requirementsfor other applications

No applicant shall be admitted to the bar examinations

unless he has satisfactorily completed the following courses
BACKGROUND 27

ina law school or university recognized by the government:

civillaw, commercial law, remedial law, criminal law, public
andprivate international law, political law, labor and social
legislation, medical jurisprudence, taxation, and legal ethics.
Sec. 6. Pre-Law - No applicant for admission to the bar
examination shall be admitted unless he presents a certificate
that he has satisfied the Secretary of Education that, before he
began. the study of law, he had pursued and satisfactorily
completed in an authorized and recognized university or college,
requiring for admission thereto the completion of a four-year
high school course, the course of study prescribed therein for
bachelor's degree in arts or sciences with any of the following
subjects, English, Spanish, History and Economics.
Sec 9. Examination;subjects - Applicants, not otherwise
provided for in sections 3 and 4 of this rule, shall be subjected to
examinations in the following subjects: Civil Law; Labor and
Social Legislation; Mercantile Law; Criminal Law; Political Law
(Constitutional Law, Public Corporations, and Public Officers):
International Law (Private and Public); Taxation; Remedial Law
(Civil Procedure, Criminal Procedure, and Evidence); Legal Ethics
and Practical Exercises (in Pleading and Conveyancing).
Sec. 10. Bar examinations, by questions and answers, and
in writing - Persons taking the examination shall not bring
papers, books or notes into the examination rooms. The questions
shall be the same for all examinees and a copy thereof, in English
or Spanish. shall be given to each examinee. Examinees shall
answer the questions personally without help from anyone.
. Upon verified application made by an examinee stating that
his penmanship is so poor that it will be difficult to read his
answers without much loss of time, the Supreme Court may
allow such examinee to use a typewriter in answering the
questions. Only noiseless typewriters shall be allowed to be used.
The committee of bar examiners shall take such precautions
as are necessary to prevent the substitution of papers or
commission of other frauds. Examinees shall not place their
names on the examination papers. No oral examination shall
be given. xxx
Sec. 14. Passingaverage - In order that a candidate may
be deemed to have passed his examinations successfully, he
must have obtained a general average of 75 per cent in all
subjects, without falling below 50 per cent in any subject. In
determining the average, the subjects in the examination shall
be given the following relative weights: Civil Law, 15 per cent:
28 ESSAYS ON LEGAL EDUCATION

Labor and Social Legislation, 10 per cent; Mercantile Law, 15

per cent: Criminal Law, 10 per cent: Political and International
Law, 15 per cent; Taxation. 10 per cent; Remedial Law, 20 per
cent; Legal Ethics and Practical Exercises. 5 per cent.
28. In the Mindanao State University in Marawi, the Western
Mindanao State University in Zamboanga City, Don Mariano
Marcos University in La Union, Ilocos Sur, and the Pamantasan
ng Siyudad ng Maynila.
29. Education Act of 1980.
30. Act No.1870. June 18, 1908.
31. Angara, Curriculum Revision: The Impediments Posed by Rules
of Court, in Legal Education for the 1980s (Mimeo).
32. The J.B.L. Reyes Committee in 1976 looked into the matter of
supervision of law schools. The late Chief Justice Fred Ruiz
Castro created another Committee on Legal Education of the
Supreme Court which submitted a report entitled -Legal
Education for the 1980's". The latter looked into various facets
of legal education including curriculum, supervision, objectives,
etc.
33. The IBP National Committee on Legal Education and Bar
Admissions with funding from and the participation of the
Philippine Accrediting Association for Colleges and Universities
(PAASCU). The project had the endorsement and support of the
Supreme Court and the Educational Development Project
Implementing Task Force (EDPITAF).
34. The Sixth Conference of Law Schools and Law Professors
sponsored by the Philippine Association of Law Schools (PALS)
and the Philippine Association of Law Professors (PALP) took
place on April 28-29, 1985.
To prepare this paper, a questionnaire was sent to members
of the PALS requesting information on (1) curriculum changes
adopted during the last five years, (2) whether legal aid services
were undertaken and (3) information on faculty and students.
Of the 16 schools which replied, the University of the Philippines
College of Law and four private schools stated that curricular
changes had been adopted: 11 indicated that they had on-going
legal aid projects.
35. Appendix. I at p. 256
36. Memorandum No. 30, s. 1963 and Circular 16, s. 1971 of the
Bureau of Private Schools, seeAppendix II at pp. 259 and 260
37. Supra, note 20.
38. Supra, note 29.
39. Supra, note 30.
BACKGROUND 29

40. The high percentage of failures in the 1984 bar examinations

and the public outcry it produced had caused law schools
particularly the University of Philippines College ofLaw. avowedly
not bar-oriented, to take a close look at their curriculum,
faculty, teaching methods, admission procedures, etc.
41. Pending approval by the Supreme Court.
42. Prepared by a committee for the joint use of the Private Sector
Council on Public Issues (PSCPI)and the Bishops-Businessman's
Conference for Human Development (BBC), Mimeo.
43. Reyes, Jose B.L., Moralityin LegalEducation4 J. INTEO. BA PHIL.,
179 (1976).
44. BoNiFAcio, M. F. AND MAGALLONA, M. M., op cit., supra,note 4.
45. Id. at p. 3.
46. Id at p. 88
47. Id at p.91.
48. Id at p. 93.
49. Legal Education:The Bar ExaminationasQualifying Process,53
PHIL. L.J., 130-169 (1978). In 1983 only 20% of the candidates
passed the bar examinations, in 1984, 22%.
50. Llamzon, Teodoro A., "In the beginning was the Word". Filipino
Heritage,Lahing Pilipino Pub. (1977). p. 394.
51. 1973 CONST., Art. XV,sec. 3 (3); (The 1987 Constitution provides
inArt. XIV, sec. 6, that: The National language of the Philippines
is Pilipino. As it evolves, it shall be further developed and
enriched on the basis ofexisting Philippine and other languages").
52. 1973 CoNsT., Art. XV sec. 3(1). Provision is made for translation
into other dialects and into Spanish and Arabic.
53. 1973 CONST., Art. XV, sec. 3(2).
54. Should a law school accreditation system be accepted by the
Supreme Court. the Court could decide that only graduates of
accredited schools may qualify to take the bar ex.aminations.
55. Rev. Rules of Court, Rule 138, sec. 9.
56. Reyes, J.B.L., Morality in Legal Education, supra, note 43 at
p. 180.
57. Except the University of Philippines College of Law and the Don
Mariano Marcos University College of Law.
58. Appendix II, p. 259
59. BoNirFAcO, M. F. AND MAGALLONA, M. M. op cit., supra. note 4 at p.
163.
60. Id at p. 168.
61. Supra. note 33.
62. Supra. note 4 at p. 158-159.
63. Id at p. 4.
30 ESSAYS ON LEGAL EDUCATION

64. Quisumbing. Popularizingthe Law (POPLAW), I ASEAN LAW

JOURNAL 105 (1982).
65. U.P. WILOCI Project.
66. In the matter of the Integration of the Bar of the Philippines,
January 9, 1973.
67. Chairman of the National Committee on Legal Aid of the IBP in
a paper on Legal Aid: The Philippine Experience (Mimeo).
68. Gen. Order No. 58, Sec. 17; U.S. v. Paltsoc, 4 Phil. 207 (1905).
69. Examples of existing government agencies extending legal
assistance are the Citizens Legal Assistance Office (CAO)
created under Pres. Decree No. 1, September 24, 1982; the
Bureau of Agrarian Legal Assistance (BALA), Rep. Act No. 3844,
as amended, and the Free Legal Assistance Office (FLAO) in the
Ministry of Labor.
70. In 1946 the Women Lawyers Association of the Philippines
(WLAP) and later the University of Philippines Women Lawyers
Circle (WILOCI).
71. Information from CLASP, Mimeo.
72. Developmental Legal Aid in Rural ASEAN: Problems and
Prospects. a working paper prepared for the International
Commission of Jurists/Consumer Association of Penang,
Seminar on Human Rights and Development in Rural Areas of
South East Asian Region, Penang, Nov. 30-Dec. 4, 1951,
Mimeo.
73. Information sheets of FLAG.
74. The Arrest, Search and Seizure Orders (ASSO) later replaced by
Presidential Commitment Order (PCO) and the Presidential
Detention Act (PDA).
75. Information furnished by the paralegal group.
76. Misamis University College of Law.
77. St. Louis University.
78. Ateneo de Manila, Ateneo de Davao, Jose Rizal College, University
of Santo Tomas.
79. San Beda College.