Pimentel v. Legal Education Board

EN BANC
[G.R. No. 230642. September 10, 2019.]
OSCAR B. PIMENTEL, ERROL B. COMAFAY, JR., RENE B. GOROSPE, EDWIN R.

SANDOVAL, VICTORIA B. LOANZON, ELGIN MICHAEL C. PEREZ, ARNOLD E.
CACHO, AL CONRAD B. ESPALDON, ED VINCENT S. ALBANO, LEIGHTON R.
SIAZON, ARIANNE C. ARTUGUE, CLARABEL ANNE R. LACSINA, KRISTINE JANE
R. LIU, ALYANNA MARI C. BUENVIAJE, IANA PATRICIA DULA T. NICOLAS, IRENE
A. TOLENTINO and AUREA I. GRUYAL , petitioners, vs. LEGAL EDUCATION BOARD,
as represented by its Chairperson, HON. EMERSON B. AQUENDE, and LEB
Member HON. ZENAIDA N. ELEPAÑO , respondents,
ATTYS. ANTHONY D. BENGZON, FERDINAND M. NEGRE, MICHAEL Z. UNTALAN,

JONATHAN Q. PEREZ, SAMANTHA WESLEY K. ROSALES, ERIKA M. ALFONSO,
KRYS VALEN O. MARTINEZ, RYAN CEAZAR P. ROMANO, and KENNETH C.
VARONA , respondents-in-intervention,
APRIL D. CABALLERO, JEREY C. CASTARDO, MC WELLROE P. BRINGAS, RHUFFY

D. FEDERE, CONRAD THEODORE A. MATUTINO and numerous others similarly
situated, ST. THOMAS MORE SCHOOL OF LAW AND BUSINESS, INC.,
represented by its President RODOLFO C. RAPISTA, for himself and as Founder,
Dean and Professor, of the College of Law, JUDY MARIE RAPISTA-TAN,
LYNNART WALFORD A. TAN, IAN M. ENTERINA, NEIL JOHN VILLARICO as law
professors and as concerned citizens , petitioners-intervenors.
[G.R. No. 242954. September 10, 2019.]
FRANCIS JOSE LEAN L. ABAYATA, GRETCHEN M. VASQUEZ, SHEENAH S.

ILUSTRISMO, RALPH LOUIE SALAÑO, AIREEN MONICA B. GUZMAN, DELFINO
ODIAS, DARYL DELA CRUZ, CLAIRE SUICO, AIVIE S. PESCADERO, NIÑA
CHRISTINE DELA PAZ, SHEMARK K. QUENIAHAN, AL JAY T. MEJOS, ROCELLYN
L. DAÑO, * MICHAEL ADOLFO, RONALD A. ATIG, LYNNETTE C. LUMAYAG, MARY
CHRIS LAGERA, TIMOTHY B. FRANCISCO, SHEILA MARIE C. DANDAN,
MADELINE C. DELA PEÑA, DARLIN R. VILLAMOR, LORENZANA L. LLORICO, and
JAN IVAN M. SANTAMARIA , petitioners, vs. HON. SALVADOR MEDIALDEA,
Executive Secretary, and LEGAL EDUCATION BOARD, herein represented by its
Chairperson, EMERSON B. AQUENDE , respondents.
DECISION
J.C. REYES, JR. , J : p
On the principal grounds of encroachment upon the rule-making power of the Court
concerning the practice of law, violation of institutional academic freedom and violation of a law
school aspirant's right to education, these consolidated Petitions for Prohibition (G.R. No. 230642)
and Certiorari and Prohibition (G.R. No. 242954) under Rule 65 of the Rules of Court assail as
unconstitutional Republic Act (R.A.) No. 7662, 1 or the Legal Education Reform Act of 1993, which
created the Legal Education Board (LEB). On the same principal grounds, these petitions also
particularly seek to declare as unconstitutional the LEB issuances establishing and implementing the
nationwide law school aptitude test known as the Philippine Law School Admission Test or the
PhiLSAT.
The Antecedents
CD Technologies Asia, Inc. 2020 cdasiaonline.com
Prompted by clamors for the improvement of the system of legal education on account of the
poor performance of law students and law schools in the bar examinations, 2 the Congress, on
December 23, 1993, passed into law R.A. No. 7662 with the following policy statement:
SEC. 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, require proper selection of law students, maintain quality among law schools, and
require legal apprenticeship and continuing legal education.
R.A. No. 7662 identifies the general and specific objectives of legal education in this manner:
SEC. 3. General and Specific Objective of Legal Education. —
(a) Legal education in the Philippines is geared to attain the following objectives:
(1) to prepare students for the practice of law;
(2) to increase awareness among members of the legal profession of the needs of
the poor, deprived and oppressed sectors of society;
(3) to train persons for leadership;
(4) to contribute towards the promotion and advancement of justice and the
improvement of its administration, the legal system and legal institutions in the
light of the historical and contemporary development of law in the Philippines and
in other countries.
(b) Legal education shall aim to accomplish the following specific objectives:
(1) to impart among law students a broad knowledge of law and its various elds
and of legal institutions;
(2) to enhance their legal research abilities to enable them to analyze, articulate and
apply the law effectively, as well as to allow them to have a holistic approach to
legal problems and issues;
(3) to prepare law students for advocacy, [counseling], problem-solving and decision-
making, and to develop their ability to deal with recognized legal problems of the
present and the future;
(4) to develop competence in any eld of law as is necessary for gainful
employment or su cient as a foundation for future training beyond the basic
professional degree, and to develop in them the desire and capacity for continuing
study and self-improvement;
(5) to inculcate in them the ethics and responsibilities of the legal profession; and
(6) to produce lawyers who conscientiously pursue the lofty goals of their profession
and to fully adhere to its ethical norms.
For these purposes, R.A. No. 7662 created the LEB, an executive agency which was made
separate from the Department of Education, Culture and Sports (DECS), but attached thereto solely
for budgetary purposes and administrative support. 3 The Chairman and regular members of the LEB
are to be appointed by the President for a term of ve years, without reappointment, from a list of at
least three nominees prepared, with prior authorization from the Court, by the Judicial and Bar
Council (JBC). 4
Section 7 of R.A. No. 7662 enumerates the powers and functions of the LEB as follows:
SEC. 7. Powers and Functions. — For the purpose of achieving the objectives of
this Act, the Board shall have the following powers and functions:
(a) to administer the legal education system in the country in a manner consistent
with the provisions of this Act;
(b) to supervise the law schools in the country, consistent with its powers and
functions as herein enumerated;
(c) to set the standards of accreditation for law schools taking into account,
among others, the size of enrollment, the quali cations of the members of the faculty, the
library and other facilities, without encroaching upon the academic freedom of institutions of
higher learning;
(d) to accredit law schools that meet the standards of accreditation;
(e) to prescribe minimum standards for law admission and minimum
qualifications and compensation to faculty members;
(f) to prescribe the basic curricula for the course of study aligned to the
requirements for admission to the Bar, law practice and social consciousness, and such other
courses of study as may be prescribed by the law schools and colleges under the different
levels of accreditation status;
(g) to establish a law practice internship as a requirement for taking the Bar which
a law student shall undergo with any duly accredited private or public law o ce or rm or
legal assistance group anytime during the law course for a speci c period that the Board may
decide, but not to exceed a total of twelve (12) months. For this purpose, the Board shall
prescribe the necessary guidelines for such accreditation and the speci cations of such
internship which shall include the actual work of a new member of the Bar[;]
(h) to adopt a system of continuing legal education. For this purpose, the Board
may provide for the mandatory attendance of practicing lawyers in such courses and for such
duration as the Board may deem necessary; and
(i) to perform such other functions and prescribe such rules and regulations
necessary for the attainment of the policies and objectives of this Act.
On the matter of accreditation of law schools, R.A. No. 7662 further elaborates:
SEC. 8. Accreditation of Law Schools. — Educational institutions may not operate a
law school unless accredited by the Board. Accreditation of law schools may be granted only
to educational institutions recognized by the Government.
SEC. 9. Withdrawal or Downgrading of Accreditation. — The [LEB] may withdraw or
downgrade the accreditation status of a law school if it fails to maintain the standards set for
its accreditation status.
SEC. 10. Effectivity of Withdrawal or Downgrading of Accreditation. — The
withdrawal or downgrading of accreditation status shall be effective after the lapse of the
semester or trimester following the receipt by the school of the notice of withdrawal or
downgrading unless, in the meantime, the school meets and/or upgrades the standards or
corrects the de ciencies upon which the withdrawal or downgrading of the accreditation
status is based.
Bar Matter No. 979-B
Re: Legal Education
In July 2001, the Court's Committee on Legal Education and Bar Matters (CLEBM), through its
Chairperson, Justice Jose C. Vitug, noted several objectionable provisions of R.A. No. 7662 which
"go beyond the ambit of education of aspiring lawyers and into the sphere of education of persons
duly licensed to practice the law profession." 5
In particular, the CLEBM observed:
x x x [U]nder the declaration of policies in Section 2 of [R.A. No. 7662], the State "shall x
x x require apprenticeship and continuing legal education." The concept of continuing legal
education encompasses education not only of law students but also of members of the legal
profession. [This] implies that the [LEB] shall have jurisdiction over the education of persons
who have nished the law course and are already licensed to practice law[, in violation of the
Supreme Court's power over the Integrated Bar of the Philippines].
x x x Section 3 provides as one of the objectives of legal education increasing
"awareness among members of the legal profession of the needs of the poor, deprived and
oppressed sectors of the society." Such objective should not nd a place in the law that
primarily aims to upgrade the standard of schools of law as they perform the task of
educating aspiring lawyers. Section 5, paragraph 5 of Article VIII of the Constitution also
provides that the Supreme Court shall have the power to promulgate rules on "legal assistance
to the underprivileged" and hence, implementation of [R.A. No. 7662] might give rise to
infringement of a constitutionally mandated power.
x x x [Section 7(e) giving the LEB the power to prescribe minimum standards for law
admission and Section 7(h) giving the LEB the power to adopt a system of continuing legal
education and for this purpose, the LEB may provide for the mandatory attendance of
practicing lawyers in such courses and for such duration as the LEB may deem necessary]
encroach upon the Supreme Court's powers under Section 5, paragraph 5 of Article VIII of the
Constitution. Aside from its power over the Integrated Bar of the Philippines, the Supreme
Court is constitutionally mandated to promulgate rules concerning admission to the practice
of law. 6
While the CLEBM saw the need for the LEB to oversee the system of legal education, it
cautioned that the law's objectionable provisions, for reasons above-cited, must be removed. 7
Relative to the foregoing observations, the CLEBM proposed the following amendments to
R.A. No. 7662:
SEC. 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,
counseling, problem-solving, and decision-making; to infuse in them the ethics of the legal
profession; to impress upon 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 socially-committed lawyers with integrity and competence.
system, require proper selection of law students, provide for legal apprenticeship, and
maintain quality among law schools.
xxx xxx xxx
SEC. 3. General and Specific Objectives of Legal Education. — x x x
xxx xxx xxx
2.) to increase awareness among law students of the needs of the poor, deprived
and oppressed sectors of society;
xxx xxx xxx
SEC. 7. Power and functions. — x x x
(a) t o regulate the legal education system in accordance with its powers and
functions herein enumerated;
(b) t o establish standards of accreditation for law schools, consistent with
academic freedom and pursuant to the declaration of policy set forth in Section 2 hereof;
(c) to accredit law schools that meet the standards of accreditation;
(d) t o prescribe minimum standards for admission to law schools including a
system of law aptitude examination;
(e) to provide for minimum qualifications for faculty members of law schools;
(f) t o prescribe guidelines for law practice internship which the law schools may
establish as part of the curriculum; and
(g) to perform such other administrative functions as may be necessary for the
attainment of the policies and objectives of this Act." 8 (Underscoring supplied)
xxx xxx xxx
In a Resolution 9 dated September 4, 2001, the Court approved the CLEBM's explanatory note
and draft amendments to R.A. No. 7662. The Senate and the House of Representatives were formally
furnished with a copy of said Resolution. This, notwithstanding, R.A. No. 7662 remained unaltered.
LEB Issuances
In 2003, the Court issued a resolution authorizing the JBC to commence the nomination
process for the members of the LEB. In 2009, the LEB was constituted with the appointment of
Retired Court of Appeals Justice Hilarion L. Aquino as the rst Chairperson and followed by the
appointment of LEB members, namely, Dean Eulogia M. Cueva, Justice Eloy R. Bello, Jr., Dean Venicio
S. Flores and Commission on Higher Education (CHED) Director Felizardo Y. Francisco. Despite the
passage of the enabling law in 1993, the LEB became fully operational only in June 2010.
Acting pursuant to its authority to prescribe the minimum standards for law schools, the LEB
issued Memorandum Order No. 1, Series of 2011 (LEBMO No. 1-2011) providing for the Policies and
Standards of Legal Education and Manual of Regulation for Law Schools.
Since then, the LEB had issued several orders, circulars, resolutions, and other issuances
which are made available through their website:
A. Orders
Number Title/Subject
LEBMO No. 2 Additional Rules in the Operation of the Law Program
LEBMO No. 3-2016 Policies, Standards and Guidelines for the Accreditation
of Law Schools to Offer and Operate Refresher Courses
LEBMO No. 4-2016 Supplemental to [LEBMO] No. 3, Series of 2016
LEBMO No. 5-2016 Guidelines for the [Prerequisite] Subjects in the Basic Law
Courses
LEBMO No. 6-2016 Reportorial Requirements for Law Schools
LEBMO No. 7-2016 Policies and Regulations for the Administration of a

Nationwide Uniform Law School Admission Test for
Applicants to the Basic Law Courses in All Law Schools
in the Country
LEBMO No. 8-2016 Policies, Guidelines and Procedures Governing Increases

in Tuition and Other School Fees, and Introduction of
New Fees by Higher Education Institutions for the Law
Program
LEBMO No. 9-2017 Policies and Guidelines on the Conferment of Honorary

Doctor of Laws Degrees
LEBMO No. 10-2017 Guidelines on the Adoption of Academic/School

Calendar
LEBMO No. 11-2017 Additional Transition Provisions to [LEBMO] No. 7, Series

of 2016, on PhiLSAT
LEBMO No. 12-2018 LEB Service/Transaction Fees
LEBMO No. 13-2018 Guidelines in the Conduct of Summer Classes
LEBMO No. 14-2018 Policy and Regulations in Offering Elective Subjects

LEBMO No. 15-2018 Validation of the Licenses of, and the Law
Curriculum/Curricula for the Basic Law Courses in use by
Law Schools and Graduate Schools of Law
LEBMO No. 16-2018 Policies, Standards and Guidelines for the Academic Law
Libraries of Law Schools
LEBMO No. 17-2018 Supplemental Regulations on the Minimum Academic

Requirement of Master of Laws Degree for Deans and
Law Professors/Lecturers/Instructors in Law Schools
LEBMO No. 18-2018 Guidelines on Cancellation or Suspension of Classes in

All Law Schools
LEBMO No. 19-2018 Migration of the Basic Law Course to Juris Doctor
LEBMO No. 20-2019 Discretionary Admission in the AY 2019-2020 of

Examinees Who Rated Below the Cut-off/Passing Score
but Not Less than 45% in the Philippine Law School
Admission Test Administered on April 7, 2019
B. Memorandum Circulars
LEBMC No. 1 New Regulatory Issuances
LEBMC No. 2 Submission of Schedule of Tuition and Other School

Fees
LEBMC No. 3 Submission of Law School Information Report
LEBMC No. 4 Reminder to Submit Duly Accomplished LSIR Form
LEBMC No. 5 Offering of the Refresher Course for AY 2017-2018
LEBMC No. 6 Applications for LEB Certification Numbers
LEBMC No. 7 Application of Transitory Provisions under [LEBMO] No.

7, Series of 2017 and [LEBMO] No. 11, Series of 2017 in
the Admission of Freshmen Law Students in Basic Law
Courses in Academic Year 2017-2018
LEBMC No. 8 Guidelines for Compliance with the Reportorial

Requirements under [LEBMO] No. 7, Series of 2016 for
Purposes of the Academic Year 2017-2018
LEBMC No. 9 Observance of Law Day and Philippine National Law

Week
LEBMC No. 10 September 21, 2017 Suspension of Classes
LEBMC No. 11 Law Schools Authorized to Offer the Refresher Course in

the Academic Year 2016-2017

LEBMC No. 13 Legal Research Seminar of the Philippine Group of Law

Librarians on April 4-6, 2018
LEBMC No. 14 CSC Memorandum Circular No. 22, s. 2016

LEBMC No. 16 Clarification to [LEBMO] No. 3, Series of 2016
LEBMC No. 17 Updated List of Law Schools Authorized to Offer the

Refresher Course in the Academic Year 2018-2019
LEBMC No. 18 PHILSAT Eligibility Requirement for Freshmen in the

Academic Year 2018-2019
LEBMC No. 19 Guidelines for the Limited Conditional

Admission/Enrollment in the 1st Semester of the
Academic Year 2018-2019 Allowed for Those Who Have
Not Taken the PhiLSAT
LEBMC No. 20 Updated List of Law Schools Authorized to Offer the
Refresher Course in the Academic Year 2018-2019
LEBMC No. 21 Adjustments/Corrections to the Requirements for Law

Schools to be Qualified to Conditionally Admit/Enroll
Freshmen Law Students in AY 2018-2019
LEBMC No. 22 Advisory on who should take the September 23, 2018
PhiLSAT
LEBMC No. 23 Collection of the PhiLSAT Certificate of

Eligibility/Exemption by Law Schools from Applicants for
Admission
LEBMC No. 24 Observance of the Philippine National Law Week
LEBMC No. 25 Competition Law
LEBMC No. 26 Scholarship Opportunity for Graduate Studies for Law

Deans, Faculty Members and Law Graduates with the
2020-2021 Philippine Fulbright Graduate Student
Program
LEBMC No. 27 Advisory on April 7, 2019 PhiLSAT and Conditional

[Enrollment] for Incoming Freshmen/1st Year Law
Students
LEBMC No. 28 April 25-26, 2019 Competition Law Training Program
LEBMC No. 29 Detailed Guidelines for Conditional Enrollment Permit

Application
LEBMC No. 30 Law Schools Authorized to Offer Refresher Course in AY

2019-2020
LEBMC No. 31 Law Schools Authorized to Offer Refresher Course in AY

2019-2020
LEBMC No. 40 Reminders concerning Conditionally Enrolled Freshmen

Law Students in AY 2019-2020
C. Resolutions and Other Issuances
Resolution No. 16 Reportorial Requirement for Law Schools with Small

Students Population
Resolution No. 7, Declaring a 3-Year Moratorium in the Opening of New

Series of 2010 Law Schools
Resolution No. 8, Administrative Sanctions

Series of 2010
Resolution No. 2011-21 A Resolution Providing for Supplementary Rules to the

Provisions of LEBMO No. 1 in regard to Curriculum and
Degrees Ad Eundem

Resolution No. 2012-02 A Resolution Eliminating the Requirement of Special
Orders for Graduates of the Basic Law Degrees and
Graduate Law Degrees and Replacing them with a Per
Law School Certification Approved by the Legal
Education Board
Resolution No. 2013-01 Ethical Standards of Conduct for Law Professors
Resolution No. 2014-02 Prescribing Rules on the Ll.M. Staggered Compliance

Schedule and the Exemption from the Ll.M. Requirement
Resolution No. 2015-08 Prescribing the Policy and Rules in the Establishment of
a Legal Aid Clinic in Law Schools
Order Annual Law Publication Requirements
Chairman Restorative Justice to be Added as Elective Subject

Memorandum
The PhiLSAT under LEBMO No.

7-2016, LEBMO No. 11-2017,
LEBMC No. 18-2018, and related
issuances
As above-enumerated, among the orders issued by the LEB was Memorandum Order No. 7,
Series of 2016 (LEBMO No. 7-2016) pursuant to its power to "prescribe the minimum standards for
law admission" under Section 7 (e) of R.A. No. 7662.
The policy and rationale of LEBMO No. 7-2016 is to improve the quality of legal education by
requiring all those seeking admission to the basic law course to take and pass a nationwide uniform
law school admission test, known as the PhiLSAT. 1 0
The PhiLSAT is essentially an aptitude test measuring the examinee's communications and
language pro ciency, critical thinking, verbal and quantitative reasoning. 1 1 It was designed to
measure the academic potential of the examinee to pursue the study of law. 1 2 Exempted from the
PhiLSAT requirement were honor graduates who were granted professional civil service eligibility
and who are enrolling within two years from their college graduation. 1 3
Synthesizing, the key provisions of LEBMO No. 7-2016 are as follows:
(1) The policy and rationale of requiring PhiLSAT is to improve the quality of legal
education. The PhiLSAT shall be administered under the control and supervision of the LEB;
14
(2) The PhiLSAT is an aptitude test that measures the academic potential of the
examinee to pursue the study of law; 1 5
(3) A quali ed examinee is either a graduate of a four-year bachelor's degree;
expecting to graduate with a four-year bachelor's degree at the end of the academic year when
the PhiLSAT was administered; or a graduate from foreign higher education institutions with a
degree equivalent to a four-year bachelor's degree. There is no limit as to the number of times
a qualified examinee may take the PhiLSAT; 1 6
(4) The LEB may designate an independent third-party testing administrator; 1 7
(5) The PhiLSAT shall be administered at least once a year, on or before April 16, in
testing centers; 1 8
(6) The testing fee shall not exceed the amount of P1,500.00 per examination; 1 9
(7) The cut-off or passing score shall be 55% correct answers, or such percentile
score as may be prescribed by the LEB; 2 0
(8) Those who passed shall be issued a Certi cate of Eligibility while those who
failed shall be issued a Certificate of Grade; 2 1
(9) Passing the PhiLSAT is required for admission to any law school. No applicant
shall be admitted for enrollment as a rst year student in the basic law course leading to a
degree of either Bachelor of Laws or Juris Doctor unless he has passed the PhiLSAT taken
within two years before the start of the study; 2 2
(10) Honor graduates granted professional civil service eligibility who are enrolling
within two years from college graduation are exempted from taking and passing the PhiLSAT
for purposes of admission to the basic law course; 2 3
(11) Law schools, in the exercise of academic freedom, can prescribe additional
requirements for admission; 2 4
(12) Law schools shall submit to LEB reports of rst year students admitted and
enrolled, and their PhiLSAT scores, as well as the subjects enrolled and the nal grades
received by every first year student; 2 5
(13) Beginning academic year 2018-2019, the general average requirement (not
less than 80% or 2.5) for admission to basic law course under Section 23 of LEBMO No. 1-
2011 is removed; 2 6
(14) In academic year 2017-2018, the PhiLSAT passing score shall not be enforced
and the law schools shall have the discretion to admit in the basic law course, applicants who
scored less than 55% in the PhiLSAT, provided that the law dean shall submit a justi cation
for the admission and the required report; 2 7 and
(15) Law schools, in violation of LEBMO No. 7-2016, shall be administratively
sanctioned as prescribed in Section 32 2 8 of LEBMO No. 2-2013 2 9 and/or ned up to
P10,000.00. 3 0
Effective for the academic year 2017 to 2018, no applicant to law school was allowed
admission without having taken and passed the PhiLSAT. The rst PhiLSAT examination was held on
April 16, 2017 in seven pilot sites: Baguio City, Metro Manila, Legazpi City, Cebu City, Iloilo City,
Davao City, and Cagayan de Oro. A total of 6,575 out of 8,074 examinees passed the rst-ever
PhiLSAT. For the rst PhiLSAT, the passing grade was adjusted by the LEB from 55% to 45% by way
of consideration.
Since the PhiLSAT was implemented for the rst time and considering further that there were
applicants who failed to take the PhiLSAT because of the inclement weather last April 16, 2017, the
LEB issued Memorandum Order No. 11, Series of 2017 (LEBMO No. 11-2017).
Under LEBMO No. 11-2017, those who failed to take the rst PhiLSAT were allowed to be
admitted to law schools for the rst semester of academic year 2017 to 2018 for justi able or
meritorious reasons and conditioned under the following terms:
2. Conditions. — x x x
a. The student shall take the next scheduled PhiLSAT;
b. If the student fails to take the next scheduled PhiLSAT for any reason, his/her
conditional admission in the law school shall be automatically revoked and barred from
enrolling in the following semester;
c. If the student takes the next scheduled PhiLSAT but scores below the passing or
cut-off score, his/her conditional admission shall also be revoked and barred from enrolling in
the following semester, unless the law school expressly admits him/her in the exercise of the
discretion given under Section/Paragraph 14 of LEBMO No. 7, Series of 2016, subject to the
requirements of the same provision;
d. The student whose conditional admission and enrol[l]ment is subsequently
revoked shall not be entitled to the reversal of the school fees assessed and/or refund of the
school fees paid; and
e. The student shall execute under oath, and le with his/her application for a
Permit for Conditional Admission/Enrol[l]ment, an UNDERTAKING expressly agreeing to the
foregoing conditions. 3 1
The conditional admission and enrollment under LEBMO No. 11-2017 and the transitory
provision provided in LEBMO No. 7-2016 were subsequently clari ed by the LEB through its
Memorandum Circular No. 7, Series of 2017 (LEBMC No. 7-2017).
On September 24, 2017 and April 8, 2018, the second and third PhiLSATs were respectively
held.
On October 26, 2017, the LEB issued a Memorandum reminding law schools, law students,
and other interested persons that the passing of the PhiLSAT is required to be eligible for
admission/enrollment in the basic law course for academic year 2017 to 2018. It was also therein
clari ed that the discretion given to law schools to admit those who failed the PhiLSAT during the
initial year of implementation is only up to the second semester of academic year 2017-2018.
Because of the confusion as to whether conditional admission for academic year 2018 to
2019 may still be allowed, the LEB issued Memorandum Circular No. 18, Series of 2018 (LEBMC No.
18-2018). Under LEBMC No. 18-2018, it was clari ed that the conditional admission was permitted
only in academic year 2017 to 2018 as part of the transition adjustments in the initial year of the
PhiLSAT implementation. As such, by virtue of LEBMC No. 18-2018, the conditional admission of
students previously allowed under LEBMO No. 11-2017 was discontinued.
Nevertheless, on July 25, 2018, the LEB issued Memorandum Circular No. 19, Series of 2018
(LEBMC No. 19-2018) allowing limited conditional admission/enrollment in the rst semester of
academic year 2018 to 2019 for those applicants who have never previously taken the PhiLSAT.
Those who have taken the PhiLSAT and scored below the cut-off score were disquali ed. In addition,
only those law schools with a passing rate of not less than 25%, are updated in the reportorial
requirement and signi ed its intention to conditionally admit applicants were allowed to do so. The
limited enrollment was subject to the condition that the admitted student shall take and pass the
next PhiLSAT on September 23, 2018, otherwise the conditional enrollment shall be nulli ed. Non-
compliance with said circular was considered a violation of the minimum standards for the law
program for which law schools may be administratively penalized.
The fourth PhiLSAT then pushed through on September 23, 2018.
The Petitions
Days before the scheduled conduct of the rst-ever PhiLSAT on April 16, 2017, petitioners
Oscar B. Pimentel (Pimentel), Errol B. Comafay (Comafay), Rene B. Gorospe (Gorospe), Edwin R.
Sandoval (Sandoval), Victoria B. Loanzon (Loanzon), Elgin Michael C. Perez (Perez), Arnold E. Cacho
(Cacho), Al Conrad B. Espaldon (Espaldon) and Ed Vincent S. Albano (Albano) [as citizens, lawyers,
taxpayers and law professors], with their co-petitioners Leighton R. Siazon (Siazon), Arianne C.
Artugue (Artugue), Clarabel Anne R. Lacsina (Lacsina) and Kristine Jane R. Liu (Liu) [as citizens,
lawyers and taxpayers], Alyanna Mari C. Buenviaje (Buenviaje) and lana Patricia Dula T. Nicolas
(Nicolas) [as citizens intending to take up law] and Irene A. Tolentino (Tolentino) and Aurea I. Gruyal
(Gruyal) [as citizens and taxpayers] led their Petition for Prohibition, 3 2 docketed as G.R. No.
230642, principally seeking that R.A. No. 7662 be declared unconstitutional and that the creation of
the LEB be invalidated together with all its issuances, most especially the PhiLSAT, for encroaching
upon the rule-making power of the Court concerning admissions to the practice of law. 3 3 They
prayed for the issuance of a temporary restraining order (TRO) to prevent the LEB from conducting
the PhiLSAT.
Respondents-in-intervention Attys. Anthony D. Bengzon (Bengzon), Ferdinand M. Negre
(Negre), Michael Z. Untalan (Untalan), Jonathan Q. Perez (Perez), Samantha Wesley K. Rosales
(Rosales), Erika M. Alfonso (Alfonso), Krys Valen O. Martinez (Martinez), Ryan Ceazar P. Romano
(Romano), and Kenneth C. Varona (Varona) [as citizens and lawyers] moved to intervene and prayed
for the dismissal of the Petition for Prohibition. 3 4
On February 12, 2018, petitioners-in-intervention April D. Caballero (Caballero), Jerey C.
Castardo (Castardo), MC Wellroe P. Bringas (Bringas), Rhuffy D. Federe (Federe) and Conrad
Theodore A. Matutino (Matutino) [as graduates of four-year college course and applicants as rst
year law students], St. Thomas More School of Law and Business, Inc., [as an educational stock
corporation] and Rodolfo C. Rapista (Rapista), Judy Marie Rapista-Tan (Rapista-Tan), Lynnart
Walford A. Tan (Tan), Ian M. Enterina (Enterina) and Neil John Villarico (Villarico) [as citizens and law
professors] intervened and joined the Petition for Prohibition of Pimentel, et al., seeking to declare
R.A. No. 7662 and the PhiLSAT as unconstitutional. 3 5
Thereafter, a Petition for Certiorari and Prohibition, docketed as G.R. No. 242954, was led by
petitioners Francis Jose Lean L. Abayata (Abayata), Gretchen M. Vasquez (Vasquez), Sheenah S.
Ilustrismo (Ilustrismo), Ralph Louie Salaño (Salaño), Aireen Monica B. Guzman (Guzman) and Del no
Odias (Odias) [as law students who failed to pass the PhiLSAT], Daryl Dela Cruz (Dela Cruz), Claire
Suico (Suico), Aivie S. Pescadero (Pescadero), Niña Christine Dela Paz (Dela Paz), Shemark K.
Queniahan (Queniahan), Al Jay T. Mejos (Mejos), Rocellyn L. Daño (Daño), Michael Adolfo (Adolfo),
Ronald A. Atig (Atig), Lynette C. Lumayag (Lumayag), Mary Chris Lagera (Lagera), Timothy B.
Francisco (Francisco), Sheila Marie C. Dandan (Dandan), Madeline C. Dela Peña (Dela Peña), Darlin R.
Villamor (Villamor), Lorenzana Llorico (Llorico) and Jan Ivan M. Santamaria (Santamaria) [as current
law students who failed to take the PhiLSAT] seeking to invalidate R.A. No. 7662 or, in the alternative,
to declare as unconstitutional the PhiLSAT. They also sought the issuance of a TRO to defer the
holding of the aptitude test. 3 6
These Petitions were later on consolidated by the Court and oral arguments thereon were held
on March 5, 2019.
Temporary Restraining Order
On March 12, 2019, the Court issued a TRO 3 7 enjoining the LEB from implementing LEBMC
No. 18-2018 and, thus, allowing those who have not taken the PhiLSAT prior to the academic year
2018 to 2019, or who have taken the PhiLSAT, but did not pass, or who are honor graduates in
college with no PhiLSAT Exemption Certi cate, or honor graduates with expired PhiLSAT Exemption
Certificates to conditionally enroll as incoming freshmen law students for the academic year 2019 to
2020 under the same terms as LEBMO No. 11-2017.
Subsequently, the LEB issued Memorandum Circular No. 27, Series of 2019 (LEBMC No. 27-
2019) stating that the PhiLSAT scheduled on April 7, 2019 will proceed and reiterated the
requirements that must be complied with for the conditional enrollment for the academic year 2019
to 2020.
The Parties' Arguments
In G.R. No. 230642
Petitioners in G.R. No. 230642 argue that R.A. No. 7662 and the PhiLSAT are offensive to the
Court's power to regulate and supervise the legal profession pursuant to Section 5 (5), Article VIII 3 8
of the Constitution and that the Congress cannot create an administrative o ce that exercises the
Court's power over the practice of law. They also argue that R.A. No. 7662 gives the JBC additional
functions to vet nominees for the LEB in violation of Section 8 (5), Article VIII 3 9 of the Constitution.
In their Memorandum, petitioners also question the constitutionality of the LEB's powers
under Section 7 (c) 4 0 and 7 (e) 4 1 to prescribe the quali cations and compensation of faculty
members and Section 7 (h) 4 2 on the LEB's power to adopt a system of continuing legal education
as being repugnant to the Court's rule-making power concerning the practice of law. They also argue
that the PhiLSAT violates the academic freedom of law schools and the right to education.
Petitioners-in-intervention meanwhile contend that the PhiLSAT violates the right to liberty and
pursuit of happiness of the student-applicants. They posit that the PhiLSAT violates the equal
protection clause as it is an arbitrary form of classi cation not based on substantial distinctions.
They also argue that the PhiLSAT violates the right of all citizens to quality and accessible education,
violates academic freedom, and is an unfair academic requirement. It is also their position that the
PhiLSAT violates due process as it interferes with the right of every person to select a profession or
course of study. They also argue that R.A. No. 7662 constitutes undue delegation of legislative
powers.
In G.R. No. 242954
Petitioners in G.R. No. 242954 argue that certiorari and prohibition are proper remedies either
under the expanded or traditional jurisdiction of the Court. They also invoke the doctrine of
transcendental importance.
Substantively, they contend that R.A. No. 7662, speci cally Section 3 (a) (2) 4 3 on the objective
of legal education to increase awareness among members of the legal profession, Section 7 (e) on
law admission, 7 (g) 4 4 on law practice internship, and 7 (h) on adopting a system of continuing legal
education, and the declaration of policy on continuing legal education 4 5 infringe upon the power of
the Court to regulate admission to the practice of law. They profess that they are not against the
conduct of law school admission test per se, only that the LEB cannot impose the PhiLSAT as the
power to do so allegedly belongs to the Court. 4 6
It is also their contention that the PhiLSAT violates academic freedom as it interferes with the
law school's exercise of freedom to choose who to admit. According to them, the LEB cannot issue
penal regulations, and the consequent forfeiture of school fees and the ban on enrollment for those
who failed to pass the PhiLSAT violate due process.
The Comments
Procedurally, the O ce of the Solicitor General (OSG), representing the LEB, argues that
certiorari and prohibition are not proper to assail the constitutionality of R.A. No. 7662 either under
the traditional or expanded concept of judicial power. For the OSG, R.A. No. 7662 was enacted
pursuant to the State's power to regulate all educational institutions, and as such, there could be no
grave abuse of discretion. It also claims that the Congress is an indispensable party to the petitions.
Substantively, the OSG contends that the Court's power to regulate admission to the practice
of law does not include regulation of legal education. It also defends Section 7 (e) on the LEB's
power to prescribe minimum standards for law admission as referring to admission to law schools;
Section 7 (g) on the LEB's power to establish a law practice internship as pertaining to the law
school curriculum which is within the power of the LEB to regulate; and 7 (h) on the LEB's power to
adopt a system of continuing legal education as being limited to the training of lawyer-professors. 4 7
Anent the argument that R.A. No. 7662 gives the JBC additional functions not assigned to it by the
Court, the OSG points out that the Court had actually authorized the JBC to process the applications
for membership to the LEB making this a non-issue.
In defending the validity of the PhiLSAT, the OSG advances the argument that the PhiLSAT is
the minimum standard for entrance to law schools prescribed by the LEB pursuant to the State's
power to regulate education. The OSG urges that the PhiLSAT is no different from the National
Medical Admission Test (NMAT) which the Court already upheld as a valid exercise of police power
in the seminal case of Tablarin v. Gutierrez. 4 8
It is also the position of the OSG that neither the PhiLSAT nor the provisions of R.A. No. 7662
violate academic freedom because the standards for entrance to law school, the standards for
accreditation, the prescribed quali cations of faculty members, and the prescribed basic curricula
are fair, reasonable, and equitable admission and academic requirements.
For their part, respondents-in-intervention contend that R.A. No. 7662 enjoys the presumption
of constitutionality and that the study of law is different from the practice of law.
In its Comment to the Petition-in-Intervention, the OSG dismisses as speculative the argument
that the PhiLSAT is anti-poor, and adds that the Court has no competence to rule on whether the
PhiLSAT is an unfair or unreasonable requirement, it being a question of policy.
Respondents-in-intervention, for their part, argue that the right of the citizens to accessible
education means that the State shall make quality education accessible only to those quali ed
enough, as determined by fair, reasonable, and equitable admission and academic requirements.
They dispute the claimed intrusion on academic freedom as law schools are not prevented from
selecting who to admit among applicants who have passed the PhiLSAT. They stress that the right
to education is not absolute and may be regulated by the State, citing Calawag v. University of the
Philippines Visayas. 4 9
By way of Reply, petitioners-in-intervention emphasize that the doctrine in Tablarin 5 0 is
inapplicable as medical schools are not the same as law schools. They further aver that the decline
in enrollment as a result of the implementation of the PhiLSAT is not speculative. 5 1
The Issues
After a careful consideration of the issues raised by the parties in their pleadings and re ned
during the oral arguments, the issues for resolution are synthesized as follows:
I. Procedural Issues:
A. Remedies of certiorari and prohibition; and
B. Requisites of judicial review and the scope of the Court's review in the instant
petitions.
II. Substantive Issues:
A. Jurisdiction over legal education;
B. Supervision and regulation of legal education as an exercise of police power;
1. Reasonable supervision and regulation
2. Institutional academic freedom
3. Right to education
C. LEB's powers under R.A. No. 7662 vis-à-vis the Court's jurisdiction over the
practice of law; and
D. LEB's powers under R.A. No. 7662 vis-à-vis the academic freedom of law schools
and the right to education.
The Rulings of the Court
I.
Procedural Issues
A.
Remedies of Certiorari and Prohibition
The propriety of the remedies of certiorari and prohibition is assailed on the ground that R.A.
No. 7662 is a legislative act and not a judicial, quasi-judicial, or ministerial function. In any case,
respondents argue that the issues herein presented involve purely political questions beyond the
ambit of judicial review.
The Court finds that petitioners availed of the proper remedies.
The 1935 5 2 and 1973 5 3 Constitutions mention, but did not de ne, "judicial power." In
contrast, the 1987 Constitution lettered what judicial power is and even "expanded" its scope.
As constitutionally de ned under Section 1, Article VIII of the 1987 Constitution, 5 4 judicial
power is no longer limited to the Court's duty to settle actual controversies involving rights which are
legally demandable and enforceable, or the power of adjudication, but also includes, the duty to
determine whether or not there has been grave abuse of discretion amounting to lack or excess of
jurisdiction on the part of any branch or instrumentality of the Government. This innovation under the
1987 Constitution later on became known as the Court's traditional jurisdiction and expanded
jurisdiction, respectively. 5 5
The expanded scope of judicial review mentions "grave abuse of discretion amounting to lack
or excess of jurisdiction" to harbinger the exercise of judicial review; while petitions for certiorari 5 6
and prohibition 5 7 speak of "lack or excess of jurisdiction or grave abuse of discretion amounting to
lack or excess of jurisdiction." Petitions for certiorari and prohibition as it is understood under Rule
65 of the Rules of Court are traditionally regarded as supervisory writs used as a means by superior
or appellate courts, in the exercise of their supervisory jurisdiction, to keep subordinate courts within
the bounds of their jurisdictions. As such, writs of certiorari and prohibition correct only errors of
jurisdiction of judicial and quasi-judicial bodies. 5 8
However, considering the commonality of the ground of "grave abuse of discretion," a Rule 65
petition, as a procedural vehicle to invoke the Court's expanded jurisdiction, has been allowed. 5 9
After all, there is grave abuse of discretion when an act is done contrary to the Constitution, the law
or jurisprudence, or is executed whimsically, capriciously or arbitrarily, out of malice, ill will, or
personal bias. 6 0 In Spouses Imbong v. Ochoa, Jr . , 6 1 the Court emphasized that certiorari,
prohibition and mandamus are appropriate remedies to raise constitutional issues.
That it is a legislative act which is being assailed is likewise not a ground to deny the present
petitions.
For one, the 1987 Constitution enumerates under Section 5 (2) (a), Article VIII, 6 2 the Court's
irreducible powers which expressly include the power of judicial review, or the power to pass upon
the constitutionality or validity of any treaty, international or executive agreement, law, presidential
decree, proclamation, order, instruction, ordinance, or regulation.
For another, the Court's expanded jurisdiction, when invoked, permits a review of acts not only
by a tribunal, board, or o cer exercising judicial, quasi-judicial or ministerial functions, but also by
any branch or instrumentality of the Government. "Any branch or instrumentality of the Government"
necessarily includes the Legislative and the Executive, even if they are not exercising judicial, quasi-
judicial or ministerial functions. 6 3 As such, the Court may review and/or prohibit or nullify, when
proper, acts of legislative and executive o cials, there being no plain, speedy, or adequate remedy in
the ordinary course of law. 6 4
The power of judicial review over congressional action, in particular, was a rmed in Francisco,
Jr. v. The House of Representatives, 6 5 wherein the Court held:
There is indeed a plethora of cases in which this Court exercised the power of judicial
review over congressional action. Thus, in Santiago v. Guingona, Jr. , this Court ruled that it is
well within the power and jurisdiction of the Court to inquire whether the Senate or
its o cials committed a violation of the Constitution or grave abuse of discretion
in the exercise of their functions and prerogatives . In Tañada v. Angara , where
petitioners sought to nullify an act of the Philippine Senate on the ground that it contravened
the Constitution, it held that the petition raised a justiciable controversy and that when an
action of the legislative branch is alleged to have seriously infringed the
Constitution, it becomes not only the right but in fact the duty of the judiciary to
settle the dispute . In Bondoc v. Pineda, [this Court] declared null and void a resolution of the
House of Representatives withdrawing the nomination, and rescinding the election, of a
congressman as a member of the House Electoral Tribunal for being violative of Section 17,
Article VI of the Constitution. In Coseteng v. Mitra , it held that the resolution of whether the
House representation in the Commission on Appointments was based on proportional
representation of the political parties as provided in Section 18, Article VI of the Constitution is
subject to judicial review. In Daza v. Singson , it held that the act of the House of
Representatives in removing the petitioner from the Commission on Appointments is subject
to judicial review. In Tañada v. Cuenco , it held that although under the Constitution, the
legislative power is vested exclusively in Congress, this does not detract from the
power of the courts to pass upon the constitutionality of acts of Congress . In
Angara v. Electoral Commission , it exercised its power of judicial review to determine which
between the Electoral Commission and the National Assembly had jurisdiction over an
electoral dispute concerning members of the latter. (Internal citations omitted; emphases
supplied)
This was reiterated in Villanueva v. Judicial and Bar Council, 6 6 as follows:
With respect to the Court, however, the remedies of certiorari and prohibition are
necessarily broader in scope and reach, and the writ of certiorari or prohibition may be issued
to correct errors of jurisdiction committed not only by a tribunal, corporation, board or o cer
exercising judicial, quasi-judicial or ministerial functions but also to set right, undo and
restrain any act of grave abuse of discretion amounting to lack or excess of jurisdiction by
any branch or instrumentality of the Government, even if the latter does not exercise judicial,
quasi-judicial or ministerial functions. This application is expressly authorized by the text of
the second paragraph of Section 1, supra.
Thus, petitions for certiorari and prohibition are appropriate remedies to
raise constitutional issues and to review and/or prohibit or nullify the acts of
legislative and executive officials . (Internal citation omitted; emphasis supplied)
Consistently, in Samahan ng mga Progresibong Kabataan (SPARK) v. Quezon City , 6 7 the
remedies of certiorari and prohibition were regarded as proper vehicles to assail the
constitutionality of curfew ordinances, and in Agcaoili v. Fariñas, 6 8 to question the contempt powers
of the Congress in the exercise of its power of inquiry in aid of legislation.
The consistency in the Court's rulings as to the propriety of the writs of certiorari and
prohibition under Rule 65 of the Rules of Court to correct errors of jurisdiction committed not only by
a tribunal, corporation, board or o cer exercising judicial, quasi-judicial or ministerial functions, but
also to correct, undo, or restrain any act of grave abuse of discretion on the part of the legislative
and the executive, propels the Court to treat the instant petitions in the same manner.
B.
Requisites for Judicial Review
The power of judicial review is tritely de ned as the power to review the constitutionality of
the actions of the other branches of the government. 6 9 For a proper exercise of its power of review
in constitutional litigation, certain requisites must be satis ed: (1) an actual case or controversy
calling for the exercise of judicial power; (2) the person challenging the act must have "standing" to
challenge; (3) the question of constitutionality must be raised at the earliest possible opportunity;
and (4) the issue of constitutionality must be the very lis mota of the case. 7 0
These requisites are effective limitations on the Court's exercise of its power of review
because judicial review in constitutional cases is quintessentially deferential, owing to the great
respect that each co-equal branch of the Government affords to the other.
Of these four requisites, the rst two, being the most essential, 7 1 deserve an extended
discussion in the instant case.
1. Actual Case or Controversy
Fundamental in the exercise of judicial power, whether under the traditional or expanded
setting, is the presence of an actual case or controversy. 7 2 An actual case or controversy is one
which involves a con ict of legal rights and an assertion of opposite legal claims susceptible of
judicial resolution. The case must not be moot or academic, or based on extra-legal or other similar
considerations not cognizable by a court of justice.
To be justiciable, the controversy must be de nite and concrete, touching on the legal
relations of parties having adverse legal interests. It must be shown from the pleadings that there is
an active antagonistic assertion of a legal right, on the one hand, and a denial thereof on the other.
There must be an actual and substantial controversy and not merely a theoretical question or issue.
Further, the actual and substantial controversy must admit speci c relief through a conclusive
decree and must not merely generate an advisory opinion based on hypothetical or conjectural state
of facts. 7 3
Closely associated with the requirement of an actual or justiciable case or controversy is the
ripening seeds for adjudication. Ripeness for adjudication has a two-fold aspect: first, the tness of
the issues for judicial decision; and second, the hardship to the parties entailed by withholding court
consideration. The rst aspect requires that the issue must be purely legal and that the regulation
subject of the case is a " nal agency action." The second aspect requires that the effects of the
regulation must have been felt by the challenging parties in a concrete way. 7 4
To stress, a constitutional question is ripe for adjudication when the challenged governmental
act has a direct and existing adverse effect on the individual challenging it. 7 5 While a reasonable
certainty of the occurrence of a perceived threat to a constitutional interest may provide basis for a
constitutional challenge, it is nevertheless still required that there are su cient facts to enable the
Court to intelligently adjudicate the issues. 7 6
In this regard, the Court's pronouncement in Philippine Association of Colleges and
Universities (PACU) v. Secretary of Education 7 7 deserves reiteration:
It should be understandable, then, that this Court should be doubly reluctant
to consider petitioner's demand for avoidance of the law aforesaid, [e]specially
where, as respondents assert, petitioners suffered no wrong — nor allege any —
from the enforcement of the criticized statute.
It must be evident to any one that the power to declare a legislative
enactment void is one which the judge, conscious of the fallibility of human
judgment, will shrink from exercising in any case where he can conscientiously
and with due regard to duty and official oath decline the responsibility. x x x
When a law has been long treated as constitutional and important rights
have become dependent thereon, the Court may refuse to consider an attack on
its validity. x x x
As a general rule, the constitutionality of a statute will be passed on only
if, and to the extent that, it is directly and necessarily involved in a justiciable
controversy and is essential to the protection of the rights of the parties
concerned. x x x
xxx xxx xxx
It is an established principle that to entitle a private individual
immediately in danger of sustaining a direct injury as the result of that action
and it is not su cient that he has merely a general [interest] to invoke the
judicial power to determine the validity of executive or legislative action he must
show that he has sustained or [has an] interest common to all members of the
public. x x x
Courts will not pass upon the constitutionality of a law upon the
complaint of one who fails to show that he is injured by its operation. x x x
The power of courts to declare a law unconstitutional arises only when
the interests of litigants require the use of that judicial authority for their
protection against actual interference, a hypothetical threat being insu cient. x
xx
Bona de suit . — Judicial power is limited to the decision of actual cases
and controversies. The authority to pass on the validity of statutes is incidental
to the decision of such cases where con icting claims under the Constitution
and under a legislative act assailed as contrary to the Constitution are raised. It
is legitimate only in the last resort, and as necessity in the determination of real,
earnest, and vital controversy between litigants. x x x
xxx xxx xxx
An action, like this, is brought for a positive purpose, nay, to obtain actual
and positive relief. x x x Courts do not sit to adjudicate mere academic questions
to satisfy scholarly interest therein, however intellectually solid the problem may
be. This is [e]specially true where the issues "reach constitutional dimensions, for
then there comes into play regard for the court's duty to avoid decision of
constitutional issues unless avoidance becomes evasion." x x x (Internal citations
omitted; emphases supplied)
Ultimately, whether an actual case is present or not is determinative of whether the Court's
hand should be stayed when there is no adversarial setting and when the prerogatives of the co-
equal branches of the Government should instead be respected.
As ruled in Republic v. Roque: 7 8
A perusal of private respondents' petition for declaratory relief would show that they
have failed to demonstrate how they are left to sustain or are in immediate danger to sustain
some direct injury as a result of the enforcement of the assailed provisions of RA 9372. Not
far removed from the factual milieu in the Southern Hemisphere cases, private respondents
only assert general interests as citizens, and taxpayers and infractions which the government
could prospectively commit if the enforcement of the said law would remain untrammelled. As
their petition would disclose, private respondents' fear of prosecution was solely based on
remarks of certain government o cials which were addressed to the general public. They,
however, failed to show how these remarks tended towards any prosecutorial or
governmental action geared towards the implementation of RA 9372 against them.
In other words, there was no particular, real or imminent threat to any of them. As
held in Southern Hemisphere:
Without any justiciable controversy, the petitions have become pleas for
declaratory relief, over which the Court has no original jurisdiction. Then again,
declaratory actions characterized by "double contingency," where both the
activity the petitioners intend to undertake and the anticipated reaction to it of a
public o cial are merely theorized, lie beyond judicial review for lack of
ripeness.
The possibility of abuse in the implementation of RA 9372 does not avail
to take the present petitions out of the realm of the surreal and merely imagined.
Such possibility is not peculiar to RA 9372 since the exercise of any power
granted by law may be abused. Allegations of abuse must be anchored on real
events before courts may step in to settle actual controversies involving rights
which are legally demandable and enforceable. (Internal citations omitted;
emphasis supplied)
Concededly, the Court had exercised the power of judicial review by the mere enactment of a
law or approval of a challenged action when such is seriously alleged to have infringed the
Constitution. In Pimentel, Jr. v. Aguirre: 7 9
First, on prematurity. According to the Dissent, when "the conduct has not yet occurred
and the challenged construction has not yet been adopted by the agency charged with
administering the administrative order, the determination of the scope and constitutionality of
the executive action in advance of its immediate adverse effect involves too remote and
abstract an inquiry for the proper exercise of judicial function."
This is a rather novel theory — that people should await the implementing evil to befall
on them before they can question acts that are illegal or unconstitutional. Be it remembered
that the real issue here is whether the Constitution and the law are contravened by Section 4
of AO 372, not whether they are violated by the acts implementing it. In the unanimous en
banc case Tañada v. Angara , this Court held that when an act of the legislative department is
seriously alleged to have infringed the Constitution, settling the controversy becomes the duty
of this Court. By the mere enactment of the questioned law or the approval of the
challenged action, the dispute is said to have ripened into a judicial controversy
even without any other overt act. Indeed, even a singular violation of the
Constitution and/or the law is enough to awaken judicial duty. Said the Court:
In seeking to nullify an act of the Philippine Senate on the ground that it
contravenes the Constitution, the petition no doubt raises a justiciable
controversy. Where an action of the legislative branch is seriously
alleged to have infringed the Constitution, it becomes not only the
right but in fact the duty of the judiciary to settle the dispute. The
question thus posed is judicial rather than political. The duty (to
adjudicate) remains to assure that the supremacy of the Constitution is upheld.
Once a controversy as to the application or interpretation of a constitutional
provision is raised before this Court x x x, it becomes a legal issue which the
Court is bound by constitutional mandate to decide.
xxx xxx xxx
As this Court has repeatedly and rmly emphasized in many cases, it will
not shirk, digress from or abandon its sacred duty and authority to uphold the
Constitution in matters that involve grave abuse of discretion brought before it in
appropriate cases, committed by any o cer, agency, instrumentality or
department of the government.
In the same vein, the Court also held in Tatad v. Secretary of the Department of Energy :
x x x Judicial power includes not only the duty of the courts to settle
actual controversies involving rights which are legally demandable and
enforceable, but also the duty to determine whether or not there has been grave
abuse of discretion amounting to lack or excess of jurisdiction on the part of any
branch or instrumentality of government. The courts, as guardians of the
Constitution, have the inherent authority to determine whether a statute enacted
by the legislature transcends the limit imposed by the fundamental law. Where
the statute violates the Constitution, it is not only the right but the duty of the
judiciary to declare such act unconstitutional and void.
By the same token, when an act of the President, who in our constitutional scheme is a
coequal of Congress, is seriously alleged to have infringed the Constitution and the laws, as in
the present case, settling the dispute becomes the duty and the responsibility of the courts.
(Internal citations omitted; emphases supplied)
In Spouses Imbong v. Ochoa , 8 0 the Court took cognizance of the petitions despite posing a
facial challenge against the entire law as the petitions seriously alleged that fundamental rights have
been violated by the assailed legislation:
In this case, the Court is of the view that an actual case or controversy exists and
that the same is ripe for judicial determination. Considering that the RH Law and
its implementing rules have already taken effect and that budgetary measures to
carry out the law have already been passed, it is evident that the subject petitions
present a justiciable controversy. As stated earlier, when an action of the
legislative branch is seriously alleged to have infringed the Constitution, it not
only becomes a right, but also a duty of the Judiciary to settle the dispute.
xxx xxx xxx
Facial Challenge
The OSG also assails the propriety of the facial challenge lodged by the subject
petitions, contending that the RH Law cannot be challenged "on its face" as it is not a speech
regulating measure.
The Court is not persuaded.
In United States (US) constitutional law, a facial challenge, also known as a First
Amendment Challenge, is one that is launched to assail the validity of statutes concerning not
only protected speech, but also all other rights in the First Amendment. These include religious
freedom, freedom of the press, and the right of the people to peaceably assemble, and to
petition the Government for a redress of grievances. After all, the fundamental right to
religious freedom, freedom of the press and peaceful assembly are but component rights of
the right to one's freedom of expression, as they are modes which one's thoughts are
externalized.
In this jurisdiction, the application of doctrines originating from the U.S. has been
generally maintained, albeit with some modi cations. While this Court has withheld the
application of facial challenges to strictly penal statutes, it has expanded its
scope to cover statutes not only regulating free speech, but also those involving
religious freedom, and other fundamental rights. The underlying reason for this
modi cation is simple. For unlike its counterpart in the U.S., this Court, under its
expanded jurisdiction, is mandated by the Fundamental Law not only to settle
actual controversies involving rights which are legally demandable and
enforceable, but also to determine whether or not there has been a grave abuse of
discretion amounting to lack or excess of jurisdiction on the part of any branch or
instrumentality of the Government. Verily, the framers of Our Constitution
envisioned a proactive Judiciary, ever vigilant with its duty to maintain the
supremacy of the Constitution.
Consequently, considering that the foregoing petitions have seriously
alleged that the constitutional human rights to life, speech and religion and other
fundamental rights mentioned above have been violated by the assailed
legislation, the Court has authority to take cognizance of these kindred petitions
and to determine if the RH Law can indeed pass constitutional scrutiny. To dismiss
these petitions on the simple expedient that there exist no actual case or controversy, would
diminish this Court as a reactive branch of government, acting only when the Fundamental
Law has been transgressed, to the detriment of the Filipino people. (Internal citations omitted;
emphases supplied) 8 1
Likewise in Belgica v. Ochoa , 8 2 the Court held that the requirement of an actual case or
controversy is satisfied by the antagonistic positions taken by the parties:
The requirement of contrariety of legal rights is clearly satis ed by the antagonistic
positions of the parties on the constitutionality of the "Pork Barrel System." Also, the questions
in these consolidated cases are ripe for adjudication since the challenged funds and the
provisions allowing for their utilization — such as the 2013 GAA for the PDAF, PD 910 for the
Malampaya Funds and PD 1869, as amended by PD 1993, for the Presidential Social Fund —
are currently existing and operational; hence, there exists an immediate or threatened injury to
petitioners as a result of the unconstitutional use of these public funds.
1 (a). Scope of Judicial Review
To determine whether petitioners presented an actual case or controversy, or have seriously
alleged that R.A. No. 7662 suffers from constitutional in rmities to trigger the Court's power of
judicial review, resort must necessarily be had to the pleadings filed.
Petitioners in G.R. No. 230642 allege that R.A. No. 7662 and the LEB issuances relative to the
admission and practice of law encroach upon the powers of the Court. 8 3 It is their position that the
powers given to the LEB are directly related to the Court's powers. 8 4 In particular, they argue that
the LEB's power to adopt a system of continuing legal education under Section 7 (h) of R.A. No.
7662 falls within the authority of the Court. 8 5 In their Memorandum, they additionally argue that the
LEB's powers to prescribe the quali cations and compensation of faculty members under Section 7
(c) and 7 (e) of R.A. No. 7662, Sections 50-51 of LEBMO No. 1, and Resolution No. 2014-02 intrude
into the Court's rule-making power relative to the practice of law. 8 6 They also argue that the
PhiLSAT violates the academic freedom of law schools and the right to education. 8 7 It is their
contention that the LEB is without power to impose sanctions. 8 8 They also question the authority of
the LEB Chairperson and Members to act in a hold-over capacity. 8 9
For their part, petitioners-in-intervention allege that the PhiLSAT requirement resulted to a
reduced number of law student enrollees for St. Thomas More School of Law and Business, Inc. and
constrained said law school to admit only students who passed the PhiLSAT which is against their
policy of admitting students based on values. 9 0 Their co-petitioners are students who either applied
for law school, failed to pass the PhiLSAT, or were conditionally enrolled. Thus, they argue that
Section 7 (e) of R.A. No. 7662 and the PhiLSAT violate the law school's academic freedom.
Petitioners in G.R. No. 242954 allege that they are current law students who failed to pass
and/or take the PhiLSAT, and who are therefore threatened with the revocation of their conditional
enrollment and stands to be barred from enrolling. Twelve of the 23 petitioners in G.R. No. 242954
were not allowed to enroll for failure to pass and/or take the PhiLSAT.
It is their argument that the LEB's power under Section 7 (e) of R.A. No. 7662 to prescribe
minimum standards for law admission, Section 7 (g) to establish a law practice internship, Section 7
(h) to adopt a system of continuing legal education, and Section 3 (a) (2) on the stated objective of
legal education to increase awareness among members of the legal profession of the needs of the
poor, deprived and oppressed sectors of society usurp the Court's rule-making powers concerning
admission to the practice of law. 9 1 In addition, they argue that the PhiLSAT issuances violate
academic freedom, and that the LEB is not authorized to revoke conditional enrollment nor is it
authorized to forfeit school fees and impose a ban enrollment which are penal sanctions violative of
the due process clause. They also argue that the classi cation of students to those who have
passed or failed the PhiLSAT for purposes of admission to law school is repugnant to the equal
protection clause.
The petitions therefore raise an actual controversy insofar as they allege that R.A. No. 7662,
speci cally Section 2, paragraph 2, Section 3 (a) (2), Section 7 (c), (e), (g), and (h) of R.A. No. 7662
infringe upon the Court's power to promulgate rules concerning the practice of law and upon
institutional academic freedom and the right to quality education. Necessarily, a review of the LEB
issuances when pertinent to these assailed provisions of R.A. No. 7662 shall also be undertaken.
2. Legal Standing
Inextricably linked with the actual case or controversy requirement is that the party presenting
the justiciable issue must have the standing to mount a challenge to the governmental act.
By jurisprudence, standing requires a personal and substantial interest in the case such that
the petitioner has sustained, or will sustain, direct injury as a result of the violation of its rights, 9 2
thus:
Legal standing or locus standi is the "right of appearance in a court of justice on a
given question." To possess legal standing, parties must show "a personal and substantial
interest in the case such that [they have] sustained or will sustain direct injury as a result of
the governmental act that is being challenged." The requirement of direct injury
guarantees that the party who brings suit has such personal stake in the outcome
of the controversy and, in effect, assures "that concrete adverseness which
sharpens the presentation of issues upon which the court depends for illumination
of difficult constitutional questions." 9 3 (Emphasis supplied)
The rule on standing admits of recognized exceptions: the over breadth doctrine, taxpayer
suits, third-party standing and the doctrine of transcendental importance. 9 4
Petitioners-in-intervention Caballero, Castardo, Bringas, Federe and Matutino, being graduates
of a four-year college course and applicants as rst year law students, as well as petitioners
Abayata, Vasquez, Ilustrismo, Salaño, Guzman and Odias, as law students who failed to pass the
PhiLSAT and were denied admission to law school for the academic year 2018 to 2019, and
petitioners Dela Cruz, Suico, Pescadero, Dela Paz, Queniahan, Mejos, Daño, Adolfo, Atig, Lumayag,
Lagera, Francisco, Dandan, Dela Peña, Villamor, Llorico and Santamaria, being law students who were
conditionally enrolled, possess the requisite standing to challenge the constitutionality of Section 7
(e) of R.A. No. 7662 and the implementing LEB issuances, as they were, in fact, required to take the
PhiLSAT, or to comply with the terms of the conditional enrollment and failing which, were denied
admission as regular students to law school.
Petitioner-in-intervention St. Thomas More School of Law and Business, Inc., likewise
su ciently alleges injury that it has sustained in the form of reduced number of enrollees due to the
PhiLSAT requirement and the curtailment of its discretion on who to admit in its law school. Under
the speci c and concrete facts available in this case, these petitioners have demonstrated that they
were, or tend to be directly and substantially, injured.
Meanwhile, petitioners Pimentel, Comafay, Gorospe, Sandoval, Loanzon, Perez, Cacho,
Espaldon, Albano, Siazon, Artugue, Lacsina, Liu, Buenviaje, Nicolas, Tolentino, and Gruyal; and
petitioners-in intervention Rapista, Rapista-Tan, Tan, Enterina and Villarico commonly anchor their
standing to challenge R.A. No. 7662 and the PhiLSAT as citizens.
Standing as a citizen has been upheld by this Court in cases where a petitioner is able to craft
an issue of transcendental importance or when paramount public interest is involved. 9 5
Legal standing may be extended to petitioners for having raised a "constitutional issue of
critical signi cance." 9 6 Without a doubt, the delineation of the Court's rule-making power vis-à-vis
the supervision and regulation of legal education and the determination of the reach of the State's
supervisory and regulatory power in the context of the guarantees of academic freedom and the
right to education are novel issues with far-reaching implications that deserve the Court's immediate
attention. In taking cognizance of the instant petitions, the Court is merely exercising its power to
promulgate rules towards the end that constitutional rights are protected and enforced. 9 7
Now, to the core substantive issues.
II.
Substantive Issues
A.
Jurisdiction Over Legal Education
Petitioners in G.R. No. 230642 argue that the Court's power to promulgate rules concerning
the admission to the practice of law necessarily includes the power to do things related to the
practice of law, including the power to prescribe the requirements for admission to the study of law.
In support, they point to Sections 6 9 8 and 16, 9 9 Rule 138 of the Rules of Court. They contend that
the Congress cannot create an administrative body, like the LEB, that exercises this rule-making
power of the Court. They emphasize that the LEB belongs to the Executive department, and, as such,
is not linked or accountable to the Court nor placed under the Court's regulation and supervision.
For their part, petitioners in G.R. No. 242954 maintain that the Court exercises authority over
the legal profession which includes the admission to the practice of law, to the continuing
requirements for and discipline of lawyers. 1 0 0 According to them, the rule-making power of the
Court is plenary in all cases regarding the admission to and supervision of the practice of law. They
argue that the Court's power to admit members to the practice of law extends to admission to legal
education because the latter is a preparatory process to the application for admission to the legal
profession, which "residual power" of the Court can be inferred from Sections 5 1 0 1 and 6, Rule 138
of the Rules of Court. They also emphasize that under Sections 1 1 0 2 and 2 1 0 3 of Rule 138-A, non-
lawyers are allowed to have limited practice of law and are held to answer by the Court under the
same rules on privileged communication and standard of conduct pursuant to Sections 3 1 0 4 and 4
1 0 5 of Rule 138-A. 1 0 6
Contrary to petitioner's claims, the Court has no primary and direct jurisdiction over legal
education. Neither the history of the Philippine legal education nor the Rules of Court invoked by
petitioners support their argument. The supervision and regulation of legal education is an Executive
function.
1. Regulation and supervision of
legal education had been
historically and consistently
exercised by the political
departments
Legal education in the Philippines was institutionalized in 1734, with the establishment of the
Faculty of Civil Law in the University of Santo Tomas with Spanish as the medium of instruction. Its
curriculum was identical to that adopted during the time in the universities in Europe 1 0 7 and
included subjects on Civil Law, Canon Law, ecclesiastical discipline and elements of Natural Law. 1 0 8

In 1901, Act No. 74 was passed centralizing the public school system and establishing the
Department of Public Instruction headed by the General Superintendent. 1 0 9 The archipelago was
then divided into school divisions and districts for effective management of the school system. It
was through Act No. 74 that a Trade School 1 1 0 and a Normal School 1 1 1 in Manila and a School of
Agriculture in Negros were established. 1 1 2
In 1908, the legislature approved Act No. 1870 which created the University of the Philippines
(UP). However, English law courses were not offered until 1910 when the Educational Department
Committee of the Young Men's Christian Association (YMCA), through the efforts of Justice George
Malcolm, offered law courses in the English language. In 1911, UP adopted these classes by
formally establishing its College of Law, 1 1 3 with its rst graduates being students who studied at
YMCA. 1 1 4 The curriculum adopted by the UP College of Law became the model of the legal
education curriculum of the other law schools in the country. 1 1 5
Private schools were formally regulated in 1917 with the passage of Act No. 2706 1 1 6 which
made obligatory the recognition and inspection of private schools and colleges by the Secretary of
Public Instruction, so as to maintain a standard of e ciency in all private schools and colleges 1 1 7 in
the country. As such, the Secretary of Public Instruction was authorized to inspect schools and
colleges to determine e ciency of instruction and to make necessary regulations. Likewise, under
Act No. 2706, the Secretary of Public Instruction was speci cally authorized to prepare and publish,
from time to time, in pamphlet form, the minimum standards required of law schools and other
schools giving instruction of a technical or professional character. 1 1 8
In 1924, a survey of the Philippine education and of all educational institutions, facilities and
agencies was conducted through Act No. 3162, which created the Board of Educational Survey.
Among the factual ndings of the survey was that schools at that time were allowed to operate with
almost no supervision at all. This led to the conclusion that a great majority of schools from primary
grade to the university are money-making devices of persons who organize and administer them.
Thus, it was recommended that some board of control be organized under legislative control to
supervise their administration. 1 1 9 It was further recommended that legislation be enacted to
prohibit the opening of any school without the permission of the Secretary of Public Instruction. The
grant of the permission was, in turn, predicated upon a showing that the school is compliant with the
proper standards as to the physical structure, library and laboratory facilities, ratio of student to
teacher and the qualifications of the teachers. 1 2 0
Consistent with these statutory precursors, the 1935 Constitution expressed in no uncertain
terms that "[a]ll educational institutions shall be under the supervision and subject to regulation by
the State." 1 2 1
This was followed by several other statutes such as the Commonwealth Act No. 578 1 2 2
which vests upon teachers, professors, and persons charged with the supervision of public or duly-
recognized private schools, colleges and universities the status of "persons in authority" and
Republic Act No. 139 1 2 3 which created the Board of Textbooks, mandating all public schools to use
only the books approved by the Board and allowing all private schools to use textbooks of their
choice, provided it is not against the law or public policy or offensive to dignity. 1 2 4
In 1947, the Department of Instruction was changed to the Department of Education. 1 2 5
During this period, the regulation and supervision of public and private schools belonged to the
Bureau of Public and Private Schools. The regulation of law schools in particular was undertaken by
the Bureau of Private Schools through a special consultant who acted as a supervisor of the law
schools and as a national coordinator of the law deans. 1 2 6
The Department of Education, through its Bureau of Private Schools, issued a Manual of
Instructions for Private Schools which contained the rules and regulations pertaining to the
quali cations of the faculty and deans, faculty load and library holdings of private learning
institutions. 1 2 7 Meantime, a Board of National Education was created 1 2 8 with the task of
formulating, implementing and enforcing general educational policies and coordinating the offerings
and functions of all educational institutions. The Board of National Education was later renamed as
the National Board of Education. 1 2 9 In 1972, the Department of Education became the Department
of Education and Culture, 1 3 0 and was later on renamed as the Ministry of Education and Culture in
1978. 1 3 1
Meanwhile, the 1973 Constitution remained consistent in mandating that all educational
institutions shall be under the supervision of and subject to regulation by the State. 1 3 2
With the passage of Batas Pambansa Bilang 232 1 3 3 (B.P. Blg. 232) or the Education Act of
1982, the regulatory rules on both formal and non-formal systems in public and private schools in all
levels of the entire educational system were codi ed. The National Board of Education was
abolished, and instead, a Ministry of Education, Culture and Sports (MECS) was organized to
supervise and regulate educational institutions. Part and parcel of the MECS' authority to supervise
and regulate educational institutions is its authority to recognize or accredit educational institutions
of all levels. 1 3 4
Accordingly, the MECS was given the authority over public and private institutions of higher
education, as well as degree-granting programs, in all post-secondary public and private educational
institutions. 1 3 5 In particular, a Board of Higher Education 1 3 6 was established as an advisory body
to the Minister of Education, Culture and Sports with the functions of making policy
recommendations on the planning and management of the integrated system of higher education
and recommending steps to improve the governance of the higher education system. Apart from the
Board of Higher Education, a Bureau of Higher Education was also established to formulate and
evaluate programs and educational standards for higher education 1 3 7 and to assist the Board of
Higher Education. Law schools were placed under the jurisdiction of the Bureau of Higher Education.
138
The MECS later became the DECS in 1987 under Executive Order No. 117 1 3 9 (E.O. No. 117).
Nevertheless, the power of the MECS to supervise all educational institutions remained unchanged.
140
The Administrative Code 1 4 1 also states that it shall be the State that shall protect and
promote the right of all citizens to quality education at all levels, and shall take appropriate steps to
make such education accessible to all; and that the DECS shall be primarily responsible for the
formulation, planning, implementation, and coordination of the policies, plans, programs and
projects in the areas of formal and non-formal education. The Administrative Code also empowered
the Board of Higher Education to create technical panels of experts in the various disciplines
including law, to undertake curricula development. 1 4 2 As will be discussed hereunder, the 1987
Constitution crystallized the power of the State to supervise and regulate all educational institutions.
143
2. DECS Order No. 27-1989 was

the precursor of R.A. No. 7662
Pursuant to its mandate under B.P. Blg. 232, the DECS promulgated DECS Order No. 27, Series
of 1989 (DECS Order No. 27-1989), 1 4 4 in close coordination with the Philippine Association of Law
Schools, the Philippine Association of Law Professors and the Bureau of Higher Education. DECS
Order No. 27-1989 speci cally outlined the policies and standards for legal education, and
superseded all existing policies and standards related to legal education. These policies were made
applicable beginning school year 1989 to 1990.
"Legal education" was de ned in DECS Order No. 27-1989 as an educational program
including a clinical program appropriate and essential in the understanding and application of law
and the administration of justice. It is professional education after completion of a required pre-legal
education at the college level. For state colleges and universities, the operation of their law schools
was to depend on their respective charters, and for private colleges and universities, by the rules and
regulations issued by the DECS. Nevertheless, it was made clear under DECS Order No. 27-1989 that
the administration of a law school shall be governed primarily by the law school's own policies and
the provisions thereof apply only suppletorily. 1 4 5
Likewise, in generally permissive terms, DECS Order No. 27-1989 prescribed the preferred
quali cations and functions of a law dean, as well as the preferred quali cations, conditions of
employment and teaching load of law faculty members. It also prescribed the general inclusions to
the law curriculum, but gave the law schools the prerogative to design its own curriculum. The DECS
also drew a model law curriculum, thus, revising the 122-unit curriculum prescribed in 1946 by the
O ce of Private Education, as well as the 134-unit curriculum prescribed in 1963. The law schools
were also given the option to maintain a legal aid clinic as part of its law curriculum. It also
prescribed the need for law schools to have relevant library resources. Applicants for a law course
are required to comply with the speci c requirements for admission by the Bureau of Higher
Education and the Court.
Such was the state of the regulation of legal education until the enactment of R.A. No. 7662 in
1993. In 1994, R.A. No. 7722 1 4 6 was passed creating the Commission on Higher Education (CHED)
tasked to supervise tertiary degree programs. Except for the regulation and supervision of law
schools which was to be undertaken by the LEB under R.A. No. 7662, the structure of DECS as
embodied in E.O. No. 117 remained practically unchanged.
Due to the fact that R.A. No. 7662 was yet to be implemented with the organization of the LEB,
the CHED, meanwhile, assumed the function of supervising and regulating law schools. For this
purpose, the CHED constituted a Technical Panel for Legal Education which came up with a Revised
Policies and Standards for Legal Education, which, however, was unpublished.
3. Legal education is a mere
composite of the educational
system
As recounted, the historical development of statutes on education unerringly re ects the
consistent exercise by the political departments of the power to supervise and regulate all levels and
areas of education, including legal education.
Legal education is but a composite of the entire Philippine education system. It is perhaps
unique because it is a specialized area of study. This peculiarity, however, is not reason in itself to
demarcate legal education and withdraw it from the regulatory and supervisory powers of the
political branches.
Notwithstanding, petitioners maintain that legal education, owing to its specialized "legal"
nature and being preparatory to the practice of law, should fall within the regulation and supervision
of the Court itself. Petitioners in G.R. No. 242954 went as far as professing that they are not against
the creation of an administrative body that will supervise and regulate law schools, only that such
body should be placed under the Court's supervision and control.
Two principal reasons militate against such proposition:
First, it assumes that the Court, in fact, possesses the power to supervise and regulate legal
education as a necessary consequence of its power to regulate the admission to the practice of law.
This assumption, apart from being manifestly contrary to the above-recounted history of legal
education in the Philippines, is likewise devoid of legal anchorage.
Second, the Court exercises only judicial functions and it cannot, and must not, arrogate upon
itself a power that is not constitutionally vested to it, lest the Court itself violates the doctrine of
separation of powers. For the Court to void R.A. No. 7662 and thereafter, to form a body that
regulates legal education and place it under its supervision and control, as what petitioners suggest,
is to demonstrate a highly improper form of judicial activism.
4. Court's exclusive rule-making
power covers the practice of
law and not the study of law
The Constitution lays down the powers which the Court can exercise. Among these is the
power to promulgate rules concerning admission to the practice of law.
The rule-making power of the Supreme Court had been uniformly granted under the 1935, the
1973 and the 1987 Constitutions. The complexion of the rule-making power, however, changes with
the promulgation of these organic laws.
Under the 1935 Constitution, existing laws on pleading, practice and procedure were repealed
and were instead converted as the Rules of Court which the Court can alter and modify. The
Congress, on the other hand, was given the power to repeal, alter or supplement the rules on
pleading, practice and procedure, and the admission to the practice of law promulgated by the
Court. 1 4 7
This power to promulgate rules concerning pleading, practice and procedure, and admission
to the practice of law is in fact zealously guarded by the Court.
Thus, in Philippine Lawyers Association v. Agrava , 1 4 8 the Court asserted its "exclusive" and
constitutional power with respect to the admission to the practice of law and when the act falls
within the term "practice of law," the Rules of Court govern. 1 4 9
In In Re: Petition of A.E. Garcia, 1 5 0 the Court withheld from the executive the power to modify
the laws and regulations governing admission to the practice of law as the prerogative to
promulgate rules for admission to the practice of law belongs to the Court and the power to repeal,
alter, or supplement such rules is reserved only to the Congress.
Even then, the character of the power of the Congress to repeal, alter, or supplement the rules
concerning pleading, practice, and procedure, and the admission to the practice of law under the
1935 Constitution was held not to be absolute and that any law passed by the Congress on the
matter is merely permissive, being that the power concerning admission to the practice of law is
primarily a judicial function.
The 1973 Constitution is no less certain in reiterating the Court's power to promulgate rules
concerning pleading, practice, and procedure in all courts and the admission to the practice of law.
As observed in Echegaray v. Secretary of Justice , 1 5 1 the 1973 Constitution further strengthened the
independence of the judiciary by giving it the additional power to promulgate rules governing the
integration of the Bar. 1 5 2
The ultimate power to promulgate rules on pleading, practice, and procedure, the admission to
the practice of law, and the integration of the Bar remains to be with the Court under the 1973
Constitution even when the power of the Batasang Pambansa to pass laws of permissive and
corrective character repealing, altering, or supplementing such rules was retained.
The 1987 Constitution departed from the 1935 and the 1973 organic laws in the sense that it
took away from the Congress the power to repeal, alter, or supplement the rules concerning
pleading, practice, and procedure, and the admission to the practice of law, and the integration of the
Bar and therefore vests exclusively and beyond doubt, the power to promulgate such rules to the
Court, thereby supporting a "stronger and more independent judiciary." 1 5 3
While the 1935 and 1973 Constitutions "textualized a power-sharing scheme" between the
legislature and the Court in the enactment of judicial rules, 1 5 4 the 1987 Constitution "textually
altered the power-sharing scheme" by deleting the Congress' subsidiary and corrective power. 1 5 5
Accordingly, the Court's exclusive power of admission to the Bar has been interpreted as
vesting upon the Court the authority to de ne the practice of law, 1 5 6 to determine who will be
admitted to the practice of law, 1 5 7 to hold in contempt any person found to be engaged in
unauthorized practice of law, 1 5 8 and to exercise corollary disciplinary authority over members of the
Bar. 1 5 9
The act of admitting, suspending, disbarring and reinstating lawyers in the practice of law is a
judicial function because it requires "(1) previously established rules and principles; (2) concrete
facts, whether past or present, affecting determinate individuals; and (3) decision as to whether
these facts are governed by the rules and principles." 1 6 0
Petitioners readily acknowledge that legal education or the study of law is not the practice of
law, the former being merely preparatory to the latter. In fact, the practice of law has a settled
jurisprudential meaning:
The practice of law is not limited to the conduct of cases or litigation in court; it
embraces the preparation of pleadings and other papers incident to actions and social
proceedings, the management of such actions and proceedings on behalf of clients before
judges and courts, and in addition, conveying. In general, all advice to clients, and all action
taken for them in matters connected with the law corporation services, assessment and
condemnation services contemplating an appearance before a judicial body, the foreclosure
of a mortgage, enforcement of a creditor's claim in bankruptcy and insolvency proceedings,
and conducting proceedings in attachment, and in matters of estate and guardianship have
been held to constitute law practice as do the preparation and drafting of legal instruments,
where the work done involves the determination by the trained legal mind of the legal effect of
facts and conditions.
Practice of law under modern conditions consists in no small part of work performed
outside of any court and having no immediate relation to proceedings in court. It embraces
conveyancing, the giving of legal advice on a large variety of subjects, and the preparation
and execution of legal instruments covering an extensive eld of business and trust relations
and other affairs. Although these transactions may have no direct connection with court
proceedings, they are always subject to become involved in litigation. They require in many
aspects a high degree of legal skill, a wide experience with men and affairs, and great
capacity for adaptation to di cult and complex situations. These customary functions of an
attorney or counselor at law bear an intimate relation to the administration of justice by the
courts. No valid distinction, so far as concerns the question set forth in the order, can be
drawn between that part of the work of the lawyer which involved appearance in court and
that part which involves advice and drafting of instruments in his o ce. It is of importance to
the welfare of the public that these manifold customary functions be performed by persons
possessed of adequate learning and skill, of sound moral character, and acting at all times
under the heavy trust obligations to clients which rests upon all attorneys. 1 6 1 (Internal
citations omitted)
The de nition of the practice of law, no matter how broad, cannot be further enlarged as to
cover the study of law.
5. The Court exercises judicial
power only
Section 12, Article VIII of the 1987 Constitution clearly provides that "[t]he Members of the
Supreme Court and of other courts established by law shall not be designated to any agency
performing quasi-judicial or administrative functions." The Court exercises judicial power only and
should not assume any duty alien to its judicial functions, the basic postulate being the separation of
powers. As early as Manila Electric Co. v. Pasay Transportation Co., 1 6 2 the Court already stressed:
The Supreme Court of the Philippine Islands represents one of the three divisions of
power in our government. It is judicial power and judicial power only which is
exercised by the Supreme Court . Just as the Supreme Court, as the guardian of
constitutional rights, should not sanction usurpations by any other department of the
government, so should it as strictly con ne its own sphere of in uence to the powers
expressly or by implication conferred on it by the Organic Act. The Supreme Court and its
members should not and cannot be required to exercise any power or to perform
any trust or to assume any duty not pertaining to or connected with the
administering of judicial functions . (Emphases supplied)
Neither may the regulation and supervision of legal education be justi ed as an exercise of the
Court's "residual" power. A power is residual if it does not belong to either of the two co-equal
branches and which the remaining branch can, thus, exercise consistent with its functions.
Regulation and supervision of legal education is primarily exercised by the Legislative and
implemented by the Executive, thus, it cannot be claimed by the judiciary.
It is with studied restraint that the Court abstains from exercising a power that is not strictly
judicial, or that which is not expressly granted to it by the Constitution. 1 6 3 This judicial abstention is
neither avoidance nor dereliction — there is simply no basis for the Court to supervise and regulate
legal education.
Court supervision over legal education is nevertheless urged 1 6 4 to the same extent as the
Court administers, supervises and controls the Philippine Judicial Academy (PHILJA). 1 6 5 The
parallelism is mislaid because the PHILJA is intended for judicial education. 1 6 6 It particularly serves
as the "training school for justices, judges, court personnel, lawyers and aspirants to judicial posts."
1 6 7 Court supervision over judicial education is but consistent with the Court's power of supervision
over all courts and the personnel thereof. 1 6 8
Still, petitioners insist that the Court actually regulated legal education through Sections 5, 6,
and 16 of Rule 138 and Sections 1, 2, 3, and 4 of Rule 138-A of the 1997 Rules of Court. On the
contrary, the Rules of Court do not intend nor provide for direct and actual Court regulation over legal
education. At most, the Rules of Court are re ective of the inevitable relationship between legal
education and the admissions to the bar.
6. The Rules of Court do not
support the argument that the
Court directly and actually
regulates legal education
While the power of the Court to promulgate rules concerning admission to the practice of law
exists under the 1935 Constitution and reiterated under the 1973 and 1987 Constitutions, the Court
has not promulgated any rule that directly and actually regulates legal education.
Instead, the 1964 Rules of Court concerned only the practice of law, admission to the bar,
admission to the bar examination, bar examinations, and the duties, rights and conduct of attorneys.
The 1997 Rules of Court is no different as it contained only the rules on attorneys and admission to
the bar under Rule 138, the law student practice rule under Rule 138-A, the integrated bar in Rule 139-
A and disbarment and discipline of attorneys in Rule 139-B. 1 6 9
In the exercise of its power to promulgate rules concerning the admission to the practice of
law, the Court has prescribed the subjects covered by, as well as the quali cations of candidates to
the bar examinations. Only those bar examination candidates who are found to have obtained a
passing grade are admitted to the bar and licensed to practice law. 1 7 0 The regulation of the
admission to the practice of law goes hand in hand with the commitment of the Court and the
members of the Philippine Bar to maintain a high standard for the legal profession. To ensure that
the legal profession is maintained at a high standard, only those who are known to be honest,
possess good moral character, and show pro ciency in and knowledge of the law by the standard
set by the Court by passing the bar examinations honestly and in the regular and usual manner are
admitted to the practice of law. 1 7 1
Thus, under the 1997 Rules of Court, admission to the bar requires: (1) furnishing satisfactory
proof of educational, moral, and other quali cations; (2) passing the bar examinations; 1 7 2 and (3)
taking the lawyer's oath, 1 7 3 signing the roll of attorneys and receiving from the clerk of court a
certi cate of the license to practice. 1 7 4 An applicant for admission to the bar must have these
quali cations: (1) must be a citizen of the Philippines; (2) must at least be 21 years of age; (3) must
be of good moral character; (4) must be a resident of the Philippines; (5) must produce satisfactory
evidence of good moral character; and (6) no charges against the applicant, involving moral
turpitude, have been led or are pending in any court in the Philippines. 1 7 5 It is beyond argument
that these are the requisites and quali cations for admission to the practice of law and not for
admission to the study of law.
In turn, to be admitted to the bar examinations, an applicant must rst meet the core
academic qualifications prescribed under the Rules of Court.
6 (a). Sections 5, 6, and 16, Rule 138
Section 5 provides that the applicant should have studied law for four years and have
successfully completed all the prescribed courses. This section was amended by Bar Matter No.
1153, 1 7 6 to require applicants to "successfully [complete] all the prescribed courses for the degree
of Bachelor of Laws or its equivalent, in a law school or university o cially recognized by the
Philippine Government, or by the proper authority in foreign jurisdiction where the degree has been
granted." Bar Matter No. 1153 further provides that a Filipino citizen who is a graduate of a foreign
law school shall be allowed to take the bar examinations only upon the submission to the Court of
the required certifications.
In addition to the core courses of civil law, commercial law, remedial law, criminal law, public
and private international law, political law, labor and social legislation, medical jurisprudence,
taxation, and legal ethics, Section 5 was further amended by A.M. No. 19-03-24-SC or the Revised
Law Student Practice Rule dated June 25, 2019 to include Clinical Legal Education as a core course
that must be completed by an applicant to the bar examinations.
Notably, Section 5, Rule 138 of the Rules of Court, as amended, is not directed to law schools,
but to those who would like to take the bar examinations and enumerates the academic
competencies required of them. The Court does not impose upon law schools what courses to
teach, or the degree to grant, but prescribes only the core academic courses which it nds essential
for an applicant to be admitted to the bar. Law schools enjoy the autonomy to teach or not to teach
these courses. In fact, the Court even extends recognition to a degree of Bachelor of Laws or its
equivalent obtained abroad or that granted by a foreign law school for purposes of qualifying to take
the Philippine Bar Examinations, subject only to the submission of the required certi cations.
Section 5 could not therefore be interpreted as an exercise of the Court's regulatory or supervisory
power over legal education since, for obvious reasons, its reach could not have possibly be extended
to legal education in foreign jurisdictions.
In similar fashion, Section 6, Rule 138 of the Rules of Court requires that an applicant to the
bar examinations must have completed a four-year high school course and a bachelor's degree in
arts or sciences. Again, this requirement is imposed upon the applicant to the bar examinations and
not to law schools. These requirements are merely consistent with the nature of a law degree
granted in the Philippines which is a professional, as well as a post-baccalaureate degree.
It is a reality that the Rules of Court, in prescribing the quali cations in order to take the bar
examinations, had placed a considerable constraint on the courses offered by law schools.
Adjustments in the curriculum, for instance, is a compromise which law schools apparently are
willing to take in order to elevate its chances of graduating future bar examinees. It is in this regard
that the relationship between legal education and admissions to the bar becomes unmistakable.
This, however, does not mean that the Court has or exercises jurisdiction over legal education.
Compliance by law schools with the prescribed core courses is but a recognition of the Court's
exclusive jurisdiction over admissions to the practice of law — that no person shall be allowed to
take the bar examinations and thereafter, be admitted to the Philippine Bar without having taken and
completed the required core courses.
Section 16, Rule 138 of the Rules of Court, on the other hand, provides that those who fail the
bar examinations for three or more times must take a refresher course. Similarly, this is a
requirement imposed upon the applicant. The Court does not impose that a law school should
absolutely include in its curriculum a refresher course.
6 (b). Revised Law Student Practice Rule
Neither does Rule 138-A of the Rules of Court as amended by A.M. No. 19-03-24-SC on law
student practice manifest the Court's exercise of supervision or regulation over legal education. The
three-fold rationale of the law student practice rule is as follows:
1. [T]o ensure that there will be no miscarriage of justice as a result of incompetence or
inexperience of law students, who, not having as yet passed the test of professional
competence, are presumably not fully equipped to act [as] counsels on their own;
2. [T]o provide a mechanism by which the accredited law school clinic may be able to
protect itself from any potential vicarious liability arising from some culpable action by their
law students; and
3. [T]o ensure consistency with the fundamental principle that no person is allowed to
practice a particular profession without possessing the qualifications, particularly a license, as
required by law. 1 7 7
Consistently, the Revised Law Student Practice Rule is primordially intended to ensure access
to justice of the marginalized sectors and to regulate the law student practitioner's limited practice
of law pursuant to the Court's power to promulgate rules on pleading, practice, and procedure in all
courts, the Integrated Bar, and legal assistance to the underprivileged.
In allowing the law student and in governing the conduct of the law student practitioner, what
the Court regulates and supervises is not legal education, but the appearance and conduct of a law
student before any trial court, tribunal, board, or o cer, to represent indigent clients of the legal
clinic — an activity rightfully falling under the de nition of practice of law. Inasmuch as the law
student is permitted to act for the legal clinic and thereby to practice law, it is but proper that the
Court exercise regulation and supervision over the law student practitioner. Necessarily, the Court
has the power to allow their appearance and plead their case, and thereafter, to regulate their
actions.
In all, the Rules of Court do not support petitioners' argument that the Court regulates and
supervises legal education. To reiterate, the Rules of Court are directed not towards legal education
or law schools, but towards applicants for admission to the bar and applicants for admission to the
bar examinations — consistent with the Court's power to promulgate rules concerning admission to
the practice of law, the same being fundamentally a judicial function.
Having, thus, established that the regulation and supervision of legal education do not fall
within the competence of the Court and is, instead, a power exercised by the political departments,
the Court now proceeds to determine the extent of such police power in relation to legal education.
B.
Reasonable Supervision and Regulation of Legal
Education as an Exercise of Police Power
The term police power was rst used 178 in jurisprudence in 1824 in Gibbons v. Ogden 179
where the U.S. Supreme Court, through Chief Justice Marshall, held that the regulation of navigation
by steamboat operators for purpose of interstate commerce was a power reserved to and exercised
by the Congress, thus, negating state laws interfering with the exercise of the power. Likewise often
cited is Commonwealth v. Alger 1 8 0 which de ned police power as "the power vested in legislature
by the [C]onstitution, to make, ordain, and establish all manner of wholesome and reasonable laws,
statutes, and ordinances, either with penalties or without, not repugnant to the [C]onstitution, as they
shall judge to be for the good and welfare of the Commonwealth, and of the subjects of the same."
Closer to home, early Philippine jurisprudence pertain to police power as the power to
promote the general welfare and public interest; 1 8 1 to enact such laws in relation to persons and
property as may promote public health, public morals, public safety and the general welfare of each
inhabitant; 1 8 2 to preserve public order and to prevent offenses against the state and to establish for
the intercourse of [citizens] those rules of good manners and good neighborhood calculated to
prevent conflict of rights. 1 8 3
In Ermita-Malate Hotel and Motel [Operators] Association, Inc. v. City Mayor of Manila , 1 8 4 the
nature and scope of police power was rea rmed as embracing the power to prescribe regulations
to promote the health, morals, education, good order, safety, or the general welfare of the people. It
is negatively de ned as the authority to enact legislation that may interfere with personal liberty or
property in order to promote the general welfare 1 8 5 and the State's inherent power to prohibit all
that is hurtful to the comfort, safety, and welfare of society, 1 8 6 and ows from the recognition that
salus populi est suprema lex. 1 8 7 It is described as the most essential, insistent and illimitable 1 8 8 of
the powers of the State. It is co-existent with the concept of the State and is the very foundation and
one of its cornerstones, 1 8 9 and therefore even precedes the written Constitution.
1. Enactment of education laws
is an exercise of police power
The State has a "high responsibility for [the] education of its citizens" 1 9 0 and has an interest in
prescribing regulations to promote the education, and consequently, the general welfare of the
people. 1 9 1 The regulation or administration of educational institutions, especially on the tertiary
level, is invested with public interest. 1 9 2 Thus, the enactment of education laws, implementing rules
and regulations and issuances of government agencies is an exercise of the State's police power.
193
As a professional educational program, legal education properly falls within the supervisory
and regulatory competency of the State. The legislative history of the Philippine legal educational
system earlier recounted evinces that the State, through statutes enacted by the Congress and
administrative regulations issued by the Executive, consistently exercises police power over legal
education.
The exercise of such police power, however, is not absolute.
2. Supervisory and regulatory
exercise, not control
The 1935 1 9 4 and 1973 1 9 5 Constitutions plainly provide that all educational institutions shall
be under the supervision of and subject to regulation by the State. These re ect in express terms the
police power already inherently possessed by the State. Making express an already inherent power is
not a super uous exercise, but is rather consequential in case of con ict between express powers.
As elucidated in Philippine Association of Colleges and Universities: 1 9 6
In this connection we do not share the belief that [now Article XIV, Section 4(1)] has added
new power to what the State inherently possesses by virtue of the police power. An express
power is necessarily more extensive than a mere implied power. For instance, if there is
con ict between an express individual right and the express power to control private
education it cannot off-hand be said that the latter must yield to the former — con ict of two
express powers. But if the power to control education is merely implied from the police power,
it is feasible to uphold the express individual right[.] x x x
The 1987 Constitution under Section 4 (1), Article XIV, even when expressly recognizing the
complementary roles played by the public and private schools in education, reiterated that these
educational institutions are subject to State supervision and regulation, thus:
SEC. 4 (1) 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 . (Emphasis supplied)
As much as possible, the words of the Constitution are understood in the sense they have in
common use. What it says according to the text of the provision to be construed compels
acceptance and negates the power of the courts to alter it, based on the postulate that the framers
and the people mean what they say. 1 9 7
As worded, the Constitution recognizes that the role of public and private schools in education
is complementary in relation to each other, and primordial in relation to the State as the latter is only
empowered to supervise and regulate. The exercise of police power in relation to education must be
compliant with the normative content of Section 4 (1), Article XIV of the 1987 Constitution. 1 9 8 The
exercise of police power over education must merely be supervisory and regulatory.
The State's supervisory and regulatory power is an auxiliary power in relation to educational
institutions, be it a basic, secondary or higher education. This must necessarily be so since the right
and duty to educate, being part and parcel of youth-rearing, do not inure to the State at the rst
instance. Rather, it belongs essentially and naturally to the parents, 1 9 9 which right and duty they
surrender by delegation to the educational institutions. As held in Samahan ng mga Progresibong
Kabataan (SPARK) v. Quezon City , 2 0 0 the right and duty of parents to rear their children being a
natural and primary right connotes the parents' superior right over the State in the upbringing of their
children. The responsibility to educate lies with the parents and guardians as an inherent right, 2 0 1
over which the State assumes a supportive role. 2 0 2 Withholding from the State the unquali ed
power to control education also serves a practical purpose — it allows for a degree of exibility and
diversity essential to the very reason of education to rear socially responsible and morally upright
youth and to enable them, also, to come in contact with challenging ideas.
In this sense, when the Constitution gives the State supervisory power, it is understood that
what it enjoys is a supportive power, that is, the power of oversight 2 0 3 over all educational
institutions. It includes the authority to check, but not to interfere.
In addition to supervision, educational institutions are likewise made subject to State
regulation. Dispensing a regulatory function means imposing requirements, setting conditions,
prescribing restrictions, and ensuring compliance. In this regard, the political departments are
vested with ample authority to set minimum standards to be met by all educational institutions. 2 0 4
Starkly withheld from the State is the power to control educational institutions. Consequently,
in no way should supervision and regulation be equated to State control. It is interesting to note that
even when a suggestion had been made during the drafting of the 1935 Constitution that
educational institutions should be made "subject to the laws of the State," the proponent of the
amendment had no totalitarian intentions, 2 0 5 and the proposal was not meant to curtail the liberty
of teaching, 2 0 6 thus:
I think it only insures the e cient functioning of educational work and does not limit
liberty of administrators of schools. The gentleman will notice that my amendment does not
tend to curtail which he used in asking the question [sic]. I want the power of the State to
be supervisory as supervision in educational parlance should be of the
constructive type in the matter of help rather than obstruction . 2 0 7 (Emphasis
supplied)
3. Reasonable exercise
To be valid, the supervision and regulation of legal education as an exercise of police power
must be reasonable and not repugnant to the Constitution. 2 0 8
As held in Social Justice Society v. Atienza, Jr ., 2 0 9 the exercise of police power, in order to be
valid, must be compliant with substantive due process:
[T]he State, x x x may be considered as having properly exercised [its] police power only if the
following requisites are met: (1) the interests of the public generally , as distinguished
from those of a particular class, require its exercise[;] and (2) the means employed are
reasonably necessary for the accomplishment of the purpose and not unduly oppressive
upon individuals. In short, there must be a concurrence of a lawful subject and a lawful
method . (Emphases supplied)
In Philippine Association of Service Exporters, Inc. v. Drilon, 2 1 0 the Court held that:
Notwithstanding its extensive sweep, police power is not without its own limitations.
For all its awesome consequences, it may not be exercised arbitrarily or unreasonably .
Otherwise, and in that event, it defeats the purpose for which it is exercised, that is, to advance
the public good. (Emphasis supplied)
Obviating any inference that the power to regulate means the power to control, the 1987
Constitution added the word "reasonable" before the phrase supervision and regulation.
The import of the word "reasonable" was elaborated in Council of Teachers, 2 1 1 as follows:
x x x Section 4(1) was a provision added by the Framers to crystallize the State's
recognition of the importance of the role that the private sector plays in the quality of the
Philippine education system. Despite this recognition, the Framers added the second portion
of Section 4[1] to emphasize that the State, in the exercise of its police power, still possesses
the power of supervision over private schools. The Framers were explicit, however, that this
supervision refers to external governance, as opposed to internal governance which was
reserved to the respective school boards, thus:
Madam President, Section 2(b) introduces four changes: one, the addition
of the word "reasonable" before the phrase "supervision and regulation"; two, the
addition of the word "quality" before the word "education"; three, the change of
the wordings in the 1973 Constitution referring to a system of education,
requiring the same to be relevant to the goals of national development, to the
present expression of "relevant to the needs of the people and society"; and four,
the explanation of the meaning of the expression "integrated system of
education" by de ning the same as the recognition and strengthening of the
complementary roles of public and private educational institutions as separate
but integral parts of the total Philippine educational system.
When we speak of State supervision and regulation, we refer to
the external governance of educational institutions , particularly private
educational institutions as distinguished from the internal governance by their
respective boards of directors or trustees and their administrative o cials. Even
without a provision on external governance, the State would still have the
inherent right to regulate educational institutions through the exercise of its
police power. We have thought it advisable to restate the supervisory and
regulatory functions of the State provided in the 1935 and 1973 Constitutions
with the addition of the word "reasonable." We found it necessary to add the
word "reasonable" because of an obiter dictum of our Supreme Court in a
decision in the case of Philippine Association of Colleges and Universities vs.
The Secretary of Education and the Board of Textbooks in 1955. In that case, the
court said, and I quote:
It is enough to point out that local educators and writers think the
Constitution provides for control of education by the State.
The Solicitor General cites many authorities to show that the
power to regulate means power to control, and quotes from the
proceedings of the Constitutional Convention to prove that State control
of private education was intended by organic law.
The addition, therefore, of the word 'reasonable' is meant to
underscore the sense of the committee, that when the Constitution
speaks of State supervision and regulation, it does not in any way
mean control. We refer only to the power of the State to provide
regulations and to see to it that these regulations are duly followed
and implemented. It does not include the right to manage, dictate, overrule and
prohibit. Therefore, it does not include the right to dominate. (Emphases in the
original; underscoring supplied)
The addition of the word "reasonable" did not change the texture of police power that the
State exercises over education. It merely emphasized that State supervision and regulation of legal
education cannot amount to control.
4. Academic freedom
Fundamental in constitutional construction is that the Constitution is to be interpreted as a
whole, and that all provisions bearing upon a particular subject are to be brought into view and to be
so interpreted as to effectuate the purposes of the Constitution. 2 1 2
Accordingly, the reasonable supervision and regulation clause is not a stand-alone provision,
but must be read in conjunction with the other Constitutional provisions relating to education which
include, in particular, the clause on academic freedom.
Section 5 (2), Article XIV of the 1987 Constitution, provides:
(2) Academic freedom shall be enjoyed in all institutions of higher learning.
This guarantee is not peculiar to the 1987 Constitution. A similar provision was found in the
1973 Constitution providing that: "All institutions of higher learning shall enjoy academic freedom."
2 1 3 Both the 1973 and 1987 Constitutions provide for a broader scope of academic freedom
compared to the 1935 Constitution which limits the guarantee of academic freedom only to
universities of higher learning established by the State. 2 1 4
In fact, academic freedom is not a novel concept. This can be traced to the freedom of
intellectual inquiry championed by Socrates, lost and replaced by thought control during the time of
Inquisition, until the movement back to intellectual liberty beginning the 16th century, most
particularly flourishing in German universities. 2 1 5
Academic freedom has traditionally been associated as a narrow aspect of the broader area
of freedom of thought, speech, expression and the press. It has been identi ed with the individual
autonomy of educators to "investigate, pursue, [and] discuss free from internal and external
interference or pressure." 2 1 6 Thus, academic freedom of faculty members, professors, researchers,
or administrators is defended based on the freedom of speech and press. 2 1 7
Academic freedom is enjoyed not only by members of the faculty, but also by the students
themselves, as affirmed in Ateneo de Manila University v. Judge Capulong : 2 1 8
x x x. After protracted debate and ringing speeches, the nal version which was none
too different from the way it was couched in the previous two (2) Constitutions, as found in
Article XIV, Section 5(2) states: "Academic freedom shall be enjoyed in all institutions of
higher learning." In anticipation of the question as to whether and what aspects of academic
freedom are included herein, ConCom Commissioner Adolfo S. Azcuna explained: "Since
academic freedom is a dynamic concept, we want to expand the frontiers of freedom,
especially in education, therefore, we shall leave it to the courts to develop further the
parameters of academic freedom."
More to the point, Commissioner Jose Luis Martin C. Gascon asked: "When we speak of
the sentence 'academic freedom shall be enjoyed in all institutions of higher learning,' do we
mean that academic freedom shall be enjoyed by the institution itself?" Azcuna replied: "Not
only that, it also includes x x x" Gascon nished off the broken thought, — "the faculty and the
students." Azcuna replied: "Yes."
Jurisprudence has so far understood academic freedom of the students as the latter's right to
enjoy in school the guarantees of the Bill of Rights. For instance, in Villar v. Technological Institute of
the Philippines 2 1 9 and in Non v. Dames II, 2 2 0 it was held that academic standards cannot be used to
discriminate against students who exercise their rights to peaceable assembly and free speech, in
Malabanan v. Ramento , 2 2 1 it was ruled that the punishment must be commensurate with the
offense, and in Guzman v. National University, 2 2 2 which affirmed the student's right to due process.
Apart from the academic freedom of teachers and students, the academic freedom of the
institution itself is recognized and constitutionally guaranteed.
The landmark case of Garcia v. The Faculty Admission Committee, Loyola School of Theology
223 elucidates how academic freedom is enjoyed by institutions of higher learning:
[I]t is to be noted that the reference is to the "institutions of higher learning" as the recipients of
this boon. It would follow then that the school or college itself is possessed of such a right. It
decides for itself its aims and objectives and how best to attain them. It is free
from outside coercion or interference save possibly when the overriding public
welfare calls for some restraint. It has a wide sphere of autonomy certainly
extending to the choice of students. This constitutional provision is not to be construed
in a niggardly manner or in a grudging fashion. That would be to frustrate its purpose, nullify
its intent. Former President Vicente G. Sinco of the University of the Philippines, in his
Philippine Political Law, is similarly of the view that it "de nitely grants the right of academic
freedom to the university as an institution as distinguished from the academic freedom of a
university professor." He cited the following from Dr. Marcel Bouchard, Rector of the University
of Dijon, France, President of the conference of rectors and vice-chancellors of European
universities: "It is a well-established fact, and yet one which sometimes tends to be obscured
in discussions of the problems of freedom, that the collective liberty of an organization is by
no means the same thing as the freedom of the individual members within it; in fact, the two
kinds of freedom are not even necessarily connected. In considering the problems of
academic freedom one must distinguish, therefore, between the autonomy of the university, as
a corporate body, and the freedom of the individual university teacher." Also: "To clarify further
the distinction between the freedom of the university and that of the individual scholar, he
says: "The personal aspect of freedom consists in the right of each university teacher —
recognized and effectively guaranteed by society — to seek and express the truth as he
personally sees it, both in his academic work and in his capacity as a private citizen. Thus the
status of the individual university teacher is at least as important, in considering academic
freedom, as the status of the institutions to which they belong and through which they
disseminate their learning. (Internal citations omitted; emphasis supplied)
Garcia also enumerated the internal conditions for institutional academic freedom, that is, the
academic staff should have de facto control over: (a) the admission and examination of students; (b)
the curricula for courses of study; (c) the appointment and tenure of o ce of academic staff; and
(d) the allocation of income among the different categories of expenditure. 2 2 4
Reference was also made to the in uential language of Justice Frankfurter's concurring
opinion in Sweezy v. New Hampshire , 2 2 5 describing it as the "business of the university" to provide a
conducive atmosphere for speculation, experimentation, and creation where the four essential
freedoms of the university prevail: the right of the university to determine for itself on academic
grounds (a) who may teach; (b) what may be taught; (c) how it shall be taught; and (d) who may be
admitted to study.
4 (a). State's supervisory and
regulatory power over legal
education in relation to
academic freedom
The rule is that institutions of higher learning enjoy ample discretion to decide for itself who
may teach, what may be taught, how it shall be taught and who to admit, being part of their academic
freedom. The State, in the exercise of its reasonable supervision and regulation over education, can
only impose minimum regulations.
At its most elementary, the power to supervise and regulate shall not be construed as sti ing
academic freedom in institutions of higher learning. This must necessarily be so since institutions of
higher learning are not mere walls within which to teach; rather, it is a place where research,
experiment, critical thinking, and exchanges are secured. Any form of State control, even at its most
benign and disguised as regulatory, cannot therefore derogate the academic freedom guaranteed to
higher educational institutions. In fact, this non-intrusive relation between the State and higher
educational institutions is maintained even when the Constitution itself prescribes certain
educational "thrusts" or directions. 2 2 6
This attitude of non-interference is not lost in jurisprudence. To cite an example, due regard for
institutional academic freedom versus State interference was recognized in Lupangco v. Court of
Appeals, 2 2 7 the commendable purpose of the Philippine Regulation Commission of ensuring the
integrity of the examination notwithstanding:
Another evident objection to Resolution No. 105 is that it violates the
academic freedom of the schools concerned. Respondent PRC cannot interfere
with the conduct of review that review schools and centers believe would best
enable their enrolees to meet the standards required before becoming a full-
[f]ledged public accountant. Unless the means or methods of instruction are
clearly found to be ine cient, impractical, or riddled with corruption , review schools
and centers may not be stopped from helping out their students. x x x (Emphasis supplied)
Similarly, in University of the Philippines v. Civil Service Commission , 2 2 8 the Court upheld the
university's academic freedom to choose who should teach and held that the Civil Service
Commission had no authority to dictate to the university the outright dismissal of its personnel.
Nothing short of marked arbitrariness, 2 2 9 or grave abuse of discretion 2 3 0 on the part of the
schools, or overriding public welfare 2 3 1 can therefore justify State interference with the academic
judgment of higher educational institutions. As held in Ateneo de Manila University v. Judge
Capulong, 2 3 2 "[a]s corporate entities, educational institutions of higher learning are inherently
endowed with the right to establish their policies, academic and otherwise , unhampered by
external controls or pressure."
5. Right to education
Apart from the perspective of academic freedom, the reasonable supervision and regulation
clause is also to be viewed together with the right to education. The 1987 Constitution speaks quite
elaborately on the right to education. Section 1, Article XIV provides:
SEC. 1. The State shall protect and promote the right of all citizens to quality
education at all levels and shall take appropriate steps to make such education accessible to
all.
The normative elements of the general right to education under Section 1, Article XIV, are (1)
to protect and promote quality education; and (2) to take appropriate steps towards making such
quality education accessible.
"Quality" education is statutorily de ned as the appropriateness, relevance and excellence of
the education given to meet the needs and aspirations of the individual and society. 2 3 3
In order to protect and promote quality education, the political departments are vested with
the ample authority to set minimum standards to be met by all educational institutions. This
authority should be exercised within the parameters of reasonable supervision and regulation. As
elucidated in Council of Teachers: 2 3 4
While the Constitution indeed mandates the State to provide quality education, the
determination of what constitutes quality education is best left with the political
departments who have the necessary knowledge, expertise, and resources to
determine the same . The deliberations of the Constitutional Commission again are very
instructive:
Now, Madam President, we have added the word "quality" before
"education" to send appropriate signals to the government that, in the
exercise of its supervisory and regulatory powers , it should rst set
satisfactory minimum requirements in all areas: curriculum, faculty,
internal administration, library, laboratory class and other facilities, et
cetera, and it should see to it that satisfactory minimum requirements
are met by all educational institutions, both public and private.
When we speak of quality education we have in mind such
matters, among others, as curriculum development, development of
learning resources and instructional materials, upgrading of library
and laboratory facilities, innovations in educational technology and
teaching methodologies, improvement of research quality, and others .
Here and in many other provisions on education, the principal focus of attention
and concern is the students. I would like to say that in my view there is a slogan
when we speak of quality of education that I feel we should be aware of, which
is, "Better than ever is not enough." In other words, even if the quality of
education is good now, we should attempt to keep on improving it. (Emphases
and underscoring supplied)
On the other hand, "accessible" education means equal opportunities to education regardless
of social and economic differences. The phrase "shall take appropriate steps" signi es that the State
may adopt varied approaches in the delivery of education that are relevant and responsive to the
needs of the people and the society. This is why, towards this end, the State shall:
(1) Establish, maintain, and support a complete, adequate, and integrated system of
education relevant to the needs of the people and society ;
(2) Establish and maintain a system of free public education in the elementary and
high school levels . Without limiting the natural right of parents to rear their children,
elementary education is compulsory for all children of school age;
(3) Establish and maintain a system of scholarship grants, student loan programs,
subsidies, and other incentives which shall be available to deserving students in
both public and private schools, especially to the underprivileged;
(4) Encourage non-formal, informal, and indigenous learning systems, as well as
self-learning, independent, and out-of-school study programs particularly those
that respond to community needs; and
(5) Provide adult citizens, the disabled, and out-of-school youth with training in
civics, vocational efficiency, and other skills. 2 3 5 (Emphases supplied)
The deliberations of the framers in this regard are instructive:
MR. GASCON: When we speak of education as a right, what we would like to
emphasize is that education should be equally accessible to all regardless of social
and economic differences. So we go into the issue of providing opportunities to
such an education , recognizing that there are limitations imposed on those who come from
the poorer social classes because of their inability to continue education. 2 3 6 x x x (Emphasis
supplied)
And further, as follows:
This is why when we speak of education as a right, it means very clearly that
education should be accessible to all, regardless of social and economic
differences, meaning, educational opportunities should be provided through a
system of free education, at least, up to the secondary level. And recognizing the
limits of our nancial resources, tertiary education should still be afforded and
provided availability to those who are poor and deserving . That is why when we say
that education is a right, it imposes a correlative duty on the part of the State to provide it to
the citizens. Making it a right shows that education is recognized as an important function of
the State. Education is not merely a social service to be provided by the State. The proposed
provision recognizes that a right to education is a right to acquire a decent standard of living,
and that, therefore, the State cannot deprive anyone of this right in the same manner that the
right to life, the right to liberty and property cannot be taken away without due process of law.
2 3 7 (Emphasis supplied)
The element of accessibility under the Constitution, thus, pertains to both the elimination of
discrimination especially against disadvantaged groups and to the nancial duty of the State for,
after all, the right to education is part and parcel of social justice. The objective is to make quality
education accessible by appropriate means.
Apart from the Constitution, the right to education is also recognized in international human
rights law under various instruments to which the Philippines is a state signatory and to which it is
concomitantly bound.
For instance, Article 13 (2) 2 3 8 of the International Covenant on Economic, Social and Cultural
Rights (ICESCR) recognizes the right to receive an education with the following interrelated and
essential features: (a) availability; (b) accessibility; (c) acceptability; and (d) adaptability. 2 3 9
In particular, accessibility is understood as giving everyone, without discrimination, access to
educational institutions and programs. Accessibility has three overlapping dimensions:
(1) Non-discrimination — education must be accessible to all, especially the most
vulnerable groups, in law and fact, without discrimination on any of the prohibited
grounds x x x;
(2) Physical accessibility — education has to be within safe physical reach, either by
attendance at some reasonably convenient geographic location ([e.g.] a neighborhood
school) or [via] modern technology ([e.g.] access to a "distance learning" programme);
[and]
(3) Economic accessibility — education has to be affordable to all. This dimension of
accessibility is subject to the differential wording of [A]rticle 13(2) in relation to primary,
secondary and higher education: whereas primary education shall be available "free to
all," States parties are required to progressively introduce free secondary and higher
education[.] 2 4 0
Pertinent to higher education, the elements of quality and accessibility should also be present
as the Constitution provides that these elements should be protected and promoted in all
educational institutions.
Nevertheless, the right to receive higher education is not absolute.
5 (a). Right to education is subject to
fair, reasonable, and equitable
admission and academic
requirements
Article 26 (1) 2 4 1 of the Universal Declaration of Human Rights provides that "[t]echnical and
professional education shall be made generally available and higher education shall be equally
accessible to all on the basis of merit[,]" while the ICESCR provides that "[h]igher education shall be
made equally accessible to all, on the basis of capacity, by every appropriate means, and in particular
by the progressive introduction of free education[.]" 2 4 2 Thus, higher education is not to be generally
available, but accessible only on the basis of capacity. 2 4 3 The capacity of individuals should be
assessed by reference to all their relevant expertise and experience. 2 4 4
The right to receive higher education must further be read in conjunction with the right of every
citizen to select a profession or course of study guaranteed under the Constitution. In this regard,
the provisions of the 1987 Constitution under Section 5 (3), Article XIV are more exacting:
SEC. 5. x x x. —
xxx xxx xxx
(3) Every citizen has a right to select a profession or course of study, subject to fair,
reasonable, and equitable admission and academic requirements.
There is uniformity in jurisprudence holding that the authority to set the admission and
academic requirements used to assess the merit and capacity of the individual to be admitted and
retained in higher educational institutions lie with the institutions themselves in the exercise of their
academic freedom.
In Ateneo de Manila University v. Judge Capulong , 2 4 5 the Court ruled:
Since Garcia v. Loyola School of Theology , we have consistently upheld the salutary
proposition that admission to an institution of higher learning is discretionary upon
a school, the same being a privilege on the part of the student rather than a right.
While under the Education Act of 1982, students have a right "to freely choose
their eld of study, subject to existing curricula and to continue their course
therein up to graduation," such right is subject, as all rights are, to the established
academic and disciplinary standards laid down by the academic institution .
"For private schools have the right to establish reasonable rules and regulations for the
admission, discipline and promotion of students. This right x x x extends as well to parents x x
x as parents are under a social and moral (if not legal) obligation, individually and collectively,
to assist and cooperate with the schools."
Such rules are "incident to the very object of incorporation and indispensable to the
successful management of the college. The rules may include those governing student
discipline." Going a step further, the establishment of rules governing university-student
relations, particularly those pertaining to student discipline, may be regarded as vital, not
merely to the smooth and efficient operation of the institution, but to its very survival.
Within memory of the current generation is the eruption of militancy in the academic
groves as collectively, the students demanded and plucked for themselves from the panoply
of academic freedom their own rights encapsulized under the rubric of "right to education"
forgetting that, in Hohfeldian terms, they have a concomitant duty, and that is, their duty to
learn under the rules laid down by the school . (Citation in the original omitted;
emphases supplied)
In Villar v. Technological Institute of the Philippines, 2 4 6 the Court similarly held:
xxx xxx xxx
2. What cannot be stressed too su ciently is that among the most important social,
economic, and cultural rights is the right to education not only in the elementary and high
school grades but also on the college level. The constitutional provision as to the State
maintaining "a system of free public elementary education and, in areas where nances
permit, establish and maintain a system of free public education" up to the high school level
does not per se exclude the exercise of that right in colleges and universities. It is only at the
most a re ection of the lack of su cient funds for such a duty to be obligatory in the case of
students in the colleges and universities. As far as the right itself is concerned, not the
effectiveness of the exercise of such right because of the lack of funds, Article 26
of the Universal Declaration of Human Rights provides: "Everyone has the right to
education. Education shall be free, at least in the elementary and fundamental
stages. Elementary education shall be compulsory. Technical and professional
education shall be made generally available and higher education shall be equally
accessible to all on the basis of merit."
3. It is quite clear that while the right to college education is included in the social
economic, and cultural rights, it is equally manifest that the obligation imposed on
the State is not categorical, the phrase used being "generally available" and higher
education, while being "equally accessible to all should be on the basis of merit."
To that extent, therefore, there is justi cation for excluding three of the
aforementioned petitioners because of their marked academic deficiency .
4. The academic freedom enjoyed by "institutions of higher learning" includes
the right to set academic standards to determine under what circumstances failing
grades su ce for the expulsion of students. Once it has done so, however, that
standard should be followed meticulously. It cannot be utilized to discriminate against those
students who exercise their constitutional rights to peaceable assembly and free speech. If it
does so, then there is a legitimate grievance by the students thus prejudiced, their right to the
equal protection clause being disregarded. (Emphases supplied)
Likewise, in Calawag : 2 4 7
Lastly, the right to education invoked by Calawag cannot be made the basis for issuing
a writ of preliminary mandatory injunction. In Department of Education, Culture and Sports v.
San Diego, we held that the right to education is not absolute. Section 5(e), Article XIV of the
Constitution provides that "[e]very citizen has a right to select a profession or course of study,
subject to fair, reasonable, and equitable admission and academic requirements." The thesis
requirement and the compliance with the procedures leading to it, are part of the
reasonable academic requirements a person desiring to complete a course of
study would have to comply with . (Citation in the original omitted; emphasis supplied)
The deliberations of the framers on the quali cations to the right to education are also
illuminating:
MR. NOLLEDO:
Thank you, Madam President. Before I ask questions directed to the chairman and
members of the committee, I would like to warmly congratulate them for a job well-done.
The committee report to my mind, Madam President, is excellent and I hope it will not, in
the course of amendments, suffer from adulteration. With respect to page 1, lines 12-13:
"Education is the right of every citizen of the Philippines," I agree with this statement, but
when we talk of the right, I understand from the chairman that it is compellable and from
Commissioner Guingona, that it is enforceable in court. Suppose a student of a
private school is not allowed to enroll by reason of misconduct or that his
stay in the school is considered by the administration of that school to be
undesirable, does he have a right to enforce his right to education under this
situation?
MR. GUINGONA:
Madam President, the right to education, like any other right, is not absolute . As
a matter of fact, Article XXVI of the Universal Declaration of Human Rights, when it
acknowledges the right to education, also quali es it when at the end of the provision, it
says "on the basis of merit." Therefore, the student may be subject to certain
reasonable requirements regarding admission and retention and this is so
provided in the draft Constitution. We admit even of discrimination. We have accepted
this in the Philippines, and I suppose in the United States there are schools that can
refuse admission to boys because they are supposed to be exclusively for
girls. And there are schools that may refuse admission to girls because they
are exclusively for boys. There may even be discrimination to accept a
student who has a contagious disease on the ground that it would affect the
welfare of the other students. What I mean is that there could be reasonable
qualifications, limitations or restrictions to this right, Madam President.
MR. GASCON:
May I add, Madam President.
MR. NOLLEDO:
Yes, the Commissioner may.
MR. GASCON:
When we speak of education as a right, what we would like to emphasize is that
education should be equally accessible to all regardless of social and economic
differences. So we go into the issue of providing opportunities to such an education,
recognizing that there are limitations imposed on those who come from the poorer social
classes because of their inability to continue education.
However, in the same light, this right to education is subject to the right of
educational institutions to admit students upon certain conditions such as
ability to pay the required entrance examination fee and maintaining a
respectable school record. When we speak of this right of schools as far as
maintaining a certain degree or quality of students, these conditions must be
reasonable and should not be used just to impose certain unfair situations on
the students .
MR. GUINGONA:
Madam President, may I add.
There is already established jurisprudence about this. In the United States, in the case of
[Lesser] v. Board of Education of New York City , 239, NYS 2d 776, the court held that the
refusal of a school to admit a student who had an average of less than 85 percent which
is the requirement for that school was lawful.
In the Philippines, we have the case of Padriguilan [sic] v. Manila Central University where
refusal to retain the student was because of the alleged deficiency in a major subject and
this was upheld by our Supreme Court. There is also the case of Garcia v. Loyola School
of Theology, wherein Garcia, a woman, tried to continue studying in this school of
theology. 2 4 8 (Citation in the original omitted; emphases supplied)
Extant from the foregoing is that while there is a right to quality higher education, such right is
principally subject to the broad academic freedom of higher educational institutions to impose fair,
reasonable, and equitable admission and academic requirements. Plainly stated, the right to receive
education is not and should not be taken to mean as a right to be admitted to educational
institutions.
With the basic postulates that jurisdiction over legal education belongs primarily and directly
to the political departments, and that the exercise of such police power must be in the context of
reasonable supervision and regulation, and must be consistent with academic freedom and the right
to education, the Court now proceeds to address whether the assailed provisions of R.A. No. 7662
and the corresponding LEB issuances fall within the constitutionally-permissible supervision and
regulation of legal education.
C.
LEB's Powers under R.A. No. 7662 vis-à-vis the
Court's Jurisdiction under Article VIII, Section
5 (5) of the Constitution
1. Section 3 (a) (2) on increasing
awareness among members of
the legal profession
One of the general objectives of legal education under Section 3 (a) (2) of R.A. No. 7662 is to
"increase awareness among members of the legal profession of the needs of the poor, deprived
and oppressed sectors of society[.]" This objective is reiterated by the LEB in LEBMO No. 1-2011,
Section 7, Article II, as follows:
SEC. 7. (Section 3 of the law) General and Speci c Objectives of Legal Education.
—
a) Legal education in the Philippines is geared to attain the following objectives:
xxx xxx xxx
(2) to increase awareness among members of the legal profession of the
needs of the poor, deprived and oppressed sectors of society[.] (Emphasis supplied)
The plain language of Section 3 (a) (2) of R.A. No. 7662 and Section 7 (2) of LEBMO No. 1-
2011 are clear and need no further interpretation. This provision goes beyond the scope of R.A. No.
7662, i.e., improvement of the quality of legal education, and, instead delves into the training of those
who are already members of the bar. Likewise, this objective is a direct encroachment on the power
of the Court to promulgate rules concerning the practice of law and legal assistance to the
underprivileged and should, thus, be voided on this ground. As aptly observed by the CLEBM and
which the Court had approved:
In the same vein Section 3 provides as one of the objectives of legal education
increasing "awareness among members of the legal profession of the needs of the poor,
deprived and oppressed sectors of the society." Such objective should not nd a place in the
law that primarily aims to upgrade the standard of schools of law as they perform the task of
educating aspiring lawyers. Section 5, paragraph 5 of Article VIII of the Constitution also
provides that the Supreme Court shall have the power to promulgate rules on "legal assistance
to the underprivileged" and hence, implementation of [R.A. No. 7662] might give rise to
infringement of a constitutionally mandated power. 2 4 9
2. Section 2, par. 2 and Section
7 (g) on legal apprenticeship
and law practice internship as
a requirement for taking the
bar
Towards the end of uplifting the standards of legal education, Section 2, par. 2 of R.A. No.
7662 mandates the State to (1) undertake appropriate reforms in the legal education system; (2)
require proper selection of law students; (3) maintain quality among law schools; and (4) require
legal apprenticeship and continuing legal education.
Pursuant to this policy, Section 7 (g) of R.A. No. 7662 grants LEB the power to establish a law
practice internship as a requirement for taking the bar examinations:
SEC. 7. Powers and Functions. — x x x
xxx xxx xxx
(g) to establish a law practice internship as a requirement for taking the
Bar , which a law student shall undergo with any duly accredited private or public law o ce or
rm or legal assistance group anytime during the law course for a speci c period that the
Board may decide, but not to exceed a total of twelve (12) months. For this purpose, the Board
shall prescribe the necessary guidelines for such accreditation and the speci cations of such
internship which shall include the actual work of a new member of the Bar.
This power is mirrored in Section 11 (g) of LEBMO No. 1-2011:
SEC. 11. (Section 7 of the law) Powers and Functions. — For the purpose of
achieving the objectives of this Act, the Board shall have the following powers and functions:
xxx xxx xxx
g) to establish a law practice internship as a requirement for taking the
Bar which a law student shall undergo with any duly accredited private or public law o ce or
rm or legal assistance group anytime during the law course for a speci c period that the
Board may decide, but not to exceed a total of twelve (12) months. For this purpose, the Board
shall prescribe the necessary guidelines for such accreditation and the speci cations of such
internship which shall include the actual work of a new member of the Bar[.]
It is clear from the plain text of Section 7 (g) that another requirement, i.e., completion of a law
internship program, is imposed by law for taking the bar examinations. This requirement unduly
interferes with the exclusive jurisdiction of the Court to promulgate rules concerning the practice of
law and admissions thereto.
The jurisdiction to determine whether an applicant may be allowed to take the bar
examinations belongs to the Court. In fact, under the whereas clauses of the Revised Law Student
Practice Rule, the Court now requires the completion of clinical legal education courses, which may
be undertaken either in a law clinic or through an externship, as a prerequisite to take the bar
examinations, thus:
Whereas, to produce practice-ready lawyers, the completion of clinical legal education
courses must be a prerequisite to take the bar examinations as provided in Section 5 of Rule
138.
Under Section 7 (g), the power of the LEB is no longer con ned within the parameters of legal
education, but now dabbles on the requisites for admissions to the bar examinations, and
consequently, admissions to the bar. This is a direct encroachment upon the Court's exclusive
authority to promulgate rules concerning admissions to the bar and should, therefore, be struck
down as unconstitutional.
Further, and as will be discussed hereunder, the LEB exercised this power in a manner that
forces upon law schools the establishment of a legal apprenticeship program or a legal aid clinic, in
violation of the schools' right to determine for themselves their respective curricula.
7 (h) on continuing legal
education of practicing
lawyers
Petitioners in G.R. No. 230642 argue that the power given to the LEB to adopt a system of
continuing legal education implies that the LEB exercises jurisdiction not only over the legal
education of those seeking to become lawyers, but also over those who are already lawyers which is
a function exclusively belonging to the Court. 2 5 0 Respondent, on the other hand, maintains that the
LEB's power to adopt a system of continuing legal education is different from the mandatory
continuing legal education required of all members of the bar. 2 5 1 Respondent explains that the
continuing legal education under R.A. No. 7662 is limited to the training of lawyer-professors and not
to the practice of the legal profession. 2 5 2
The questioned power of the LEB to adopt a system of continuing legal education appears in
Section 2, par. 2 and Section 7 (h) of R.A. No. 7662:
SEC. 2. Declaration of Policies. — x x x
xxx xxx xxx
system, require proper selection of law students, maintain quality among law schools, and
require legal apprenticeship and continuing legal education .
xxx xxx xxx
xxx xxx xxx
(h) to adopt a system of continuing legal education. For this purpose, the
[LEB] may provide for the mandatory attendance of practicing lawyers in such
courses and for such duration as the [LEB] may deem necessary ; x x x (Emphases
supplied)
This power is likewise reflected in Section 11 (h) of LEBMO No. 1-2011, as follows:
SEC. 11. (Section 7 of the law) Powers and Functions. — For the purpose of
achieving the objectives of this Act, the Board shall have the following powers and functions:
xxx xxx xxx
h) to adopt a system of continuing legal education. For this purpose, the
Board may provide for the mandatory attendance of practicing lawyers in such
courses and for such duration as the Board may deem necessary[.] x x x (Emphasis
supplied)
By its plain language, the clause "continuing legal education" under Section 2, par. 2, and
Section 7 (h) of R.A. No. 7662 unduly give the LEB the power to supervise the legal education of
those who are already members of the bar. Inasmuch as the LEB is authorized to compel mandatory
attendance of practicing lawyers in such courses and for such duration as the LEB deems necessary,
the same encroaches upon the Court's power to promulgate rules concerning the Integrated Bar
which includes the education of "lawyer-professors" as teaching of law is practice of law. The
mandatory continuing legal education of the members of the bar is, in fact, covered by B.M. No. 850
or the Rules on Mandatory Continuing Legal Education (MCLE) dated August 22, 2000 which
requires members of the bar, not otherwise exempt, from completing, every three years, at least 36
hours of continuing legal education activities approved by the MCLE Committee directly supervised
by the Court.
As noted by the CLEBM:
Thus, under the declaration of policies in Section 2 of [R.A. No. 7662], the State "shall
undertake appropriate reforms in the legal education system, require the proper selection of
law students, maintain quality among law schools and require apprenticeship and continuing
legal education["]. The concept of continuing legal education encompasses education not only
of law students but also of members of the legal profession. Its inclusion in the declaration of
policies implies that the [LEB] shall have jurisdiction over the education of persons who have
nished the law course and are already licensed to practice law. Viewed in the light of Section
5, paragraph 5 of Article VIII of the Constitution that vests the Supreme Court with powers over
the Integrated Bar of the Philippines, said portion of Section 2 of [R.A. No. 7662] risks a
declaration of constitutional infirmity. 2 5 3 (Underscoring supplied)
4. Section 7 (e) on minimum
standards for law admission
and the PhiLSAT issuances
Of the several powers of the LEB under R.A. No. 7662, its power to prescribe minimum
standards for law admission under Section 7 (e) received the strongest objection from the
petitioners. Section 7 (e), provides:
xxx xxx xxx
(e) t o prescribe minimum standards for law admission and minimum
qualifications and compensation of faculty members; (Emphasis supplied)
Petitioners argue that the power to prescribe the minimum standards for law admission
belongs to the Court pursuant to its rule-making power concerning the admission to the practice of
law. Thus, Section 7 (e) of R.A. No. 7662 which gives the LEB the power to prescribe the minimum
standards for law admission is allegedly unconstitutional as it violates the doctrine of separation of
powers. Necessarily, according to the petitioners, the PhiLSAT which was imposed by the LEB
pursuant to Section 7 (e) of R.A. No. 7662 is likewise void.
The Court nds no constitutional con ict between its rule-making power and the power of the
LEB to prescribe the minimum standards for law admission under Section 7 (e) of R.A. No. 7662.
Consequently, the PhiLSAT, which intends to regulate admission to law schools, cannot be voided on
this ground.
4 (a). LEB's power to prescribe
minimum standards for "law
admission" pertain to
admission to legal education
and not to the practice of law
Much of the protestation against the LEB's exercise of the power to prescribe the minimum
standards for law admission stems from the interpretation extended to the phrase "law admission."
For petitioners, "law admission" pertains to the practice of law, the power over which belongs
exclusively to the Court.

The statutory context and the intent of the legislators do not permit such interpretation.
Basic is the rule in statutory construction that every part of the statute must be interpreted
with reference to the context, that is, every part must be read together with the other parts, to the
end that the general intent of the law is given primacy. 2 5 4 As such, a law's clauses and phrases
cannot be interpreted as isolated expressions nor read in truncated parts, but must be considered to
form a harmonious whole. 2 5 5
Accordingly, the LEB's power under Section 7 (e) of R.A. No. 7662 to prescribe the minimum
standards for law admission should be read with the State policy behind the enactment of R.A. No.
7662 which is fundamentally to uplift the standards of legal education and the law's thrust to
undertake reforms in the legal education system. Construing the LEB's power to prescribe the
standards for law admission together with the LEB's other powers to administer, supervise, and
accredit law schools, leads to the logical interpretation that the law circumscribes the LEB's power
to prescribe admission requirements only to those seeking enrollment to a school or college of law
and not to the practice of law.
Reference may also be made to DECS Order No. 27-1989, as the immediate precursor of R.A.
No. 7662, as to what is sought to be regulated when the law speaks of "law admission"
requirements.
Section 1, Article VIII of DECS Order No. 27-1989 is clear that the admission requirement
pertains to enrollment in a law course, or law school, or legal education, thus:
Article VIII
Admission , Residence and Other Requirements
SEC. 1. No applicant shall be enrolled in the law course unless he
complies with speci c requirements for admission by the Bureau of Higher
Education and the Supreme Court of the Philippines , for which purpose he must
present to the registrar the necessary credentials before the end of the enrollment period.
(Emphases supplied)
This contemporary interpretation su ce in itself to hold that the phrase "law admission"
pertains to admission to the study of law or to legal education, and not to the practice of law. Further
support is nevertheless offered by the exchanges during the Senate interpellations, wherein it was
assumed that the phrase "minimum standards for law admission" refers to the requirements that the
student must ful ll before being admitted to law school. This assumption was not corrected by the
bill's sponsor. 2 5 6
4 (b). Section 7 (e) of R.A. No. 7662 is
reasonable supervision and
regulation
Section 7 (e) of R.A. No. 7662, insofar as it gives the LEB the power to prescribe the minimum
standards for law admission is faithful to the reasonable supervision and regulation clause. It merely
authorizes the LEB to prescribe minimum requirements not amounting to control.
Emphatically, the law allows the LEB to prescribe only the minimum standards and it did not, in
any way, impose that the minimum standard for law admission should be by way of an exclusionary
and qualifying exam nor did it prevent law schools from imposing their respective admission
requirements.
Thus, under LEBMO No. 1-2011, the minimum standards for admission to law schools as
implemented by the LEB are: (1) completion of a four-year high school course; and (2) completion of
a course for a bachelor's degree in arts or sciences. 2 5 7 Again, these requirements are but consistent
with the nature of the law course in the Philippines as being both a professional and post-
baccalaureate education.
As the facts disclose, however, the LEB later on introduced the PhiLSAT as an additional
prerequisite for admission to law school.
4 (c). Pursuant to Section 7 (e), LEB
is authorized to administer an
aptitude test as a minimum
standard for law admission
Evident from the Senate deliberations that, in prescribing the minimum standards for law
admission, an aptitude test may be administered by the LEB although such is not made mandatory
under the law. Thus:
Senator Tolentino: x x x
xxx xxx xxx
I will proceed to another point, Mr. President. I have taught law for more than 25 years in
private schools and in the University of the Philippines as well. There is one thing I have
noticed in all these years of teaching and that is, many students in the law school are not
prepared or apt by inclination or by ability to become lawyers. I see that the objectives of
the legal education that are provided for in this bill do not provide for some mechanism
of choosing people who should take up the law course.
As it is now, because of our democratic principles, anybody who wants to become a
lawyer, who can afford the tuition fee, or who has the required preparatory course, can be
admitted into the law school. And yet, while studying law, many of these students — I
would say there are about 30 or 40 percent of students in private schools — should not
be taking up law but some other course because, simply, they do not have the inclination,
they do not have the aptitude or the ability to become lawyers.
Can that be provided for in this bill, Madam Sponsor? Would it contravene really our
principles of democracy where everybody should be free to take the course that he wants
to take? Or should the State be able to determine who should be able or who should be
allowed to take a particular course, in this case of law?
Senator Shahani:
Mr. President, there are those aptitude tests which are being taken when the
student is in high school to somehow guide the guidance councilors [sic] into
the aptitude of the students. But the talent or the penchant for the legal
profession is not one of those subjects speci cally measured. I think what is
measured really is who is, more or less, talented for an academic education as
against a vocational education. But maybe, a new test will have to be
designed to really test the aptitude of those who would like to enter the law
school. x x x
Senator Tolentino: x x x
Many parents want to see their children become lawyers. But they do not consider the
aptitude of these children, and they waste money and time in making these children take
up law when they really are not suited to the law course. My real concern is whether
by legislation, we can provide for selection of those who should be allowed to
take up law, and not everybody would be allowed to take up law . x x x
xxx xxx xxx
Senator Shahani:
Mr. President, of course, the right to education is a constitutional right, and I
think one cannot just categorically deny a student — especially if he is bright
— entrance to a law school. I think I would stand by what I had previously said
that an aptitude examination will have to be specially designed. It is not in
existence yet. x x x 2 5 8 (Emphases supplied)
This matter was amplified in second reading:
Senator Angara: x x x
Senator Tolentino asked why there is an omission on the requirements for admission to
law school. I think [Senator Shahani] has already answered that, that the [LEB] may
prescribe an aptitude test for that purpose. Just as in other jurisdictions, they
prescribe a law admission test for prospective students of law. I think the
board may very well decide to prescribe such a test, although it is not
mandatory under this bill . 2 5 9 (Emphasis and underscoring supplied)
The lawmakers, therefore, recognized and intended that the LEB be vested with authority to
administer an aptitude test as a minimum standard for law admission. The presumption is that the
legislature intended to enact a valid, sensible, and just law and one which operates no further than
may be necessary to effectuate the speci c purpose of the law. 260 This presumption has not been
successfully challenged by petitioners.
It also bears to note that the introduction of a law aptitude examination was actually
supported by the Court when it approved the CLEBM's proposed amendment to Section 7 (e), as
follows:
SEC. 6. Section 7 of the same law is hereby amended to read as follows:
"SEC. 7. Power and Functions. — x x x
xxx xxx xxx
d). to prescribe minimum standards for ADMISSION TO LAW SCHOOLS
INCLUDING A SYSTEM OF LAW APTITUDE EXAMINATION x x x[.]" (Underscoring supplied)
And further in Bar Matter No. 1161 2 6 1 when the Court referred to the LEB the conduct of a
proposed law entrance examination.
4 (d). PhiLSAT, as an aptitude exam,
is reasonably related to the
improvement of legal
education
Having settled that the LEB has the power to administer an aptitude test, the next issue to be
resolved is whether the exercise of such power, through the PhiLSAT, was reasonable.
Indeed, an administrative regulation is susceptible to attack for unreasonableness. In
Lupangco v. Court of Appeals, 2 6 2 the Court held:
It is an [axiom] in administrative law that administrative authorities should
not act arbitrarily and capriciously in the issuance of rules and regulations. To be
valid, such rules and regulations must be reasonable and fairly adapted to secure
the end in view. If shown to bear no reasonable relation to the purposes for which
they are authorized to be issued, then they must be held to be invalid. (Emphasis
supplied)
To determine whether the PhiLSAT constitutes a valid exercise of police power, the same test
of reasonableness, i.e., the concurrence of a lawful subject and lawful means, is employed.
Petitioners argue that the PhiLSAT is unreasonable because: it is not a conclusive proof of the
student's aptitude; 2 6 3 it entails unreasonable examination and travel expenses and burdensome
documentary requirements; 2 6 4 applying for PhiLSAT exemption is inconvenient; 2 6 5 it is redundant
to existing law school entrance exams; 2 6 6 and it is not supported by scientific study. 2 6 7
Unfortunately, these grounds are not only conclusions of fact which beg the presentation of
competent evidence, but also necessarily go into the wisdom of the PhiLSAT which the Court cannot
inquire into. The Court's pronouncement as to the reasonableness of the PhiLSAT based on the
grounds propounded by petitioners would be an excursion into the policy behind the examinations —
a function which is administrative rather than judicial.
Petitioners also argue that there is no reasonable relation between improving the quality of
legal education and regulating access thereto. The Court does not agree.
The subject of the PhiLSAT is to improve the quality of legal education. It is indubitable that
the State has an interest in prescribing regulations promoting education and thereby protecting the
common good. Improvement of the quality of legal education, thus, falls squarely within the scope of
police power. The PhiLSAT, as an aptitude test, was the means to protect this interest.
4 (e). Tablarin sustained the conduct
of an admission test as a
legitimate exercise of the
State's regulatory power
Moreover, by case law, the Court already upheld the validity of administering an aptitude test
as a reasonable police power measure in the context of admission standards into institutions of
higher learning.
In Tablarin, the Court upheld not only the constitutionality of Section 5 (a) of R.A. No. 2382, or
the Medical Act of 1959, which gave the Board of Medical Education (BME) the power to prescribe
requirements for admission to medical schools, but also MECS Order No. 52, Series of 1985 (MECS
Order No. 52-1985) issued by the BME which prescribed NMAT.
Using the rational basis test, the Court upheld the constitutionality of the NMAT as follows:
Perhaps the only issue that needs some consideration is whether there is some
reasonable relation between the prescribing of passing the NMAT as a condition
for admission to medical school on the one hand, and the securing of the health
and safety of the general community, on the other hand . This question is perhaps
most usefully approached by recalling that the regulation of the practice of medicine in
all its branches has long been recognized as a reasonable method of protecting
the health and safety of the public . That the power to regulate and control the practice of
medicine includes the power to regulate admission to the ranks of those authorized to practice
medicine, is also well recognized. Thus, legislation and administrative regulations requiring
those who wish to practice medicine rst to take and pass medical board examinations have
long ago been recognized as valid exercises of governmental power. Similarly, the
establishment of minimum medical educational requirements — i.e., the completion of
prescribed courses in a recognized medical school — for admission to the medical profession,
has also been sustained as a legitimate exercise of the regulatory authority of the state. What
we have before us in the instant case is closely related; the regulation of access to
medical schools . MECS Order No. 52, s. 1985, as noted earlier, articulates the rationale of
regulation of this type: the improvement of the professional and technical quality of the
graduates of medical schools, by upgrading the quality of those admitted to the student body
of the medical schools. That upgrading is sought by selectivity in the process of
admission, selectivity consisting, among other things, of limiting admission to
those who exhibit in the required degree the aptitude for medical studies and
eventually for medical practice. The need to maintain, and the di culties of maintaining,
high standards in our professional schools in general, and medical schools in particular, in the
current stage of our social and economic development, are widely known.
We believe that the government is entitled to prescribe an admission test like
the NMAT as a means for achieving its stated objective of "upgrading the
selection of applicants into [our] medical schools" and of "improv[ing] the quality
of medical education in the country." Given the widespread use today of such admission
tests in, for instance, medical schools in the United States of America (the Medical College
Admission Test [MCAT] and quite probably in other countries with far more developed
educational resources than our own, and taking into account the failure or inability of the
petitioners to even attempt to prove otherwise, we are entitled to hold that the NMAT is
reasonably related to the securing of the ultimate end of legislation and regulation
in this area. That end, it is useful to recall, is the protection of the public from the
potentially deadly effects of incompetence and ignorance in those who would
undertake to treat our bodies and minds for disease or trauma . 2 6 8 (Emphases
supplied)
The Court reached its conclusion that NMAT is a valid exercise of police power because the
method employed, i.e., regulation of admissions to medical education is reasonably related to the
subject, i.e., the protection of the public by ensuring that only those quali ed are eventually allowed
to practice medicine.
The necessity of State intervention to ensure that the medical profession is not in ltrated by
those unqualified to take care of the life and health of patients was likewise the reason why the Court
i n Department of Education, Culture and Sports v. San Diego 2 6 9 upheld the "three- unk" rule in
NMAT:
We see no reason why the rationale in the [Tablarin] case cannot apply to the case at
bar. The issue raised in both cases is the academic preparation of the applicant. This may be
gauged at least initially by the admission test and, indeed with more reliability, by the three-
unk rule. The latter cannot be regarded any less valid than the former in the
regulation of the medical profession .
There is no need to rede ne here the police power of the State. Su ce it to repeat that
the power is validly exercised if (a) the interests of the public generally, as distinguished from
those of a particular class, require the interference of the State, and (b) the means employed
are reasonably necessary to the attainment of the object sought to be accomplished and not
unduly oppressive upon individuals.
In other words, the proper exercise of the police power requires the concurrence of a
lawful subject and a lawful method.
The subject of the challenged regulation is certainly within the ambit of the
police power. It is the right and indeed the responsibility of the State to insure that
the medical profession is not in ltrated by incompetents to whom patients may
unwarily entrust their lives and health.
The method employed by the challenged regulation is not irrelevant to the
purpose of the law nor is it arbitrary or oppressive. The three- unk rule is intended
to insulate the medical schools and ultimately the medical profession from the
intrusion of those not qualified to be doctors. (Emphases supplied)
Tablarin recognized that State intervention was necessary, and therefore was allowed,
because of the need to meet the goal of promoting public health and safety.
In similar vein, the avowed purpose of the PhiLSAT is to improve the quality of legal education
by evaluating and screening applicants to law school. As elucidated, the State has an interest in
improving the quality of legal education for the protection of the community at-large, and requiring
an entrance test is reasonably related to that interest. In other words, the State has the power and
the prerogative to impose a standardized test prior to entering law school, in the same manner and
extent that the State can do so in medical school when it prescribed the NMAT.
In all, the Court nds no constitutional con ict between the Court's rule-making power
concerning admissions to the practice of law and on the LEB's power to prescribe minimum
standards for law admission under Section 7 (e) of R.A. No. 7662.
Further, pursuant to its power under Section 7 (e), the Court a rms the LEB's authority to
initiate and administer an aptitude test, such as the PhiLSAT, as a minimum standard for law
admission. Thus, the PhiLSAT, insofar as it functions as an aptitude exam that measures the
academic potential of the examinee to pursue the study of law to the end that the quality of legal
education is improved is not per se unconstitutional.
However, there are certain provisions of the PhiLSAT that render its operation exclusionary,
restrictive, and qualifying which is contrary to its design as an aptitude exam meant to be used as a
tool that should only help and guide law schools in gauging the aptness of its applicants for the
study of law. These provisions effectively and absolutely exclude applicants who failed to pass the
PhiLSAT from taking up a course in legal education, thereby restricting and qualifying admissions to
law schools. As will be demonstrated, these provisions of the PhiLSAT are unconstitutional for being
manifestly violative of the law schools' exercise of academic freedom, speci cally the autonomy to
determine for itself who it shall allow to be admitted to its law program.
D.
LEB's Powers vis-à-vis Institutional Academic
Freedom and the Right to Education
1. PhiLSAT
Paragraphs 7, 9, 11, and 15 of LEBMO No. 7-2016, provide:
xxx xxx xxx
7. Passing Score — The cut-off or passing score for the PhiLSAT shall be
FIFTY-FIVE PERCENT (55%) correct answers, or such percentile score as may be
prescribed by the LEB .
xxx xxx xxx
9. Admission Requirement — All college graduates or graduating students
applying for admission to the basic law course shall be required to pass the
PhiLSAT as a requirement for admission to any law school in the Philippines. Upon
the effectivity of this memorandum order, no applicant shall be admitted for enrollment
as a rst year student in the basic law courses leading to a degree of either
Bachelor of Laws or Juris Doctor unless he/she has passed the PhiLSAT taken
within 2 years before the start of studies for the basic law course and presents a
valid [Certificate of Eligibility] as proof thereof .
xxx xxx xxx
11. Institutional Admission Requirements — The PhiLSAT shall be without
prejudice to the right of a law school in the exercise of its academic freedom to
prescribe or impose additional requirements for admission , such as but not limited to:
a. A score in the PhiLSAT higher than the cut-off or passing score set by the LEB;
b. Additional or supplemental admission tests to measure the competencies and/or
personality of the applicant; and
c. Personal interview of the applicant.
xxx xxx xxx
15. Sanctions — Law schools violating this Memorandum Order shall [be] imposed
th e administrative sanctions prescribed in Section 32 of LEBMO No. 2, Series of 2013
and/or ne of up to Ten Thousand Pesos (P10,000) for each infraction. (Emphases
supplied)
Without doubt, the above provisions exclude and disqualify those examinees who fail to reach
the prescribed passing score from being admitted to any law school in the Philippines. In mandating
that only applicants who scored at least 55% correct answers shall be admitted to any law school,
the PhiLSAT actually usurps the right and duty of the law school to determine for itself the criteria for
the admission of students and thereafter, to apply such criteria on a case-by-case basis. It also
mandates law schools to absolutely reject applicants with a grade lower than the prescribed cut-off
score and those with expired PhiLSAT eligibility. The token regard for institutional academic
freedom comes into play, if at all, only after the applicants had been "pre-selected" without the
school's participation. The right of the institutions then are constricted only in providing "additional"
admission requirements, admitting of the interpretation that the preference of the school itself is
merely secondary or supplemental to that of the State which is antithetical to the very principle of
reasonable supervision and regulation.
The law schools are left with absolutely no discretion to choose its students at the rst
instance and in accordance with its own policies, but are dictated to surrender such discretion in
favor of a State-determined pool of applicants, under pain of administrative sanctions and/or
payment of nes. Mandating law schools to reject applicants who failed to reach the prescribed
PhiLSAT passing score or those with expired PhiLSAT eligibility transfers complete control over
admission policies from the law schools to the LEB. As Garcia tritely emphasized: "[c]olleges and
universities should [not] be looked upon as public utilities devoid of any discretion as to whom to
admit or reject. Education, especially higher education, belongs to a different, and certainly higher
category." 2 7 0
1 (a). Comparison of PhiLSAT with
NMAT and LSAT
Respondent urges the Court to treat the PhiLSAT in the same manner that the Court treated
the NMAT in Tablarin. Petitioners oppose on the ground that the PhiLSAT and the NMAT are different
because there is a Constitutional body, i.e., the Court, tasked to regulate the practice of law while
there is none with respect to the practice of medicine.
The Court treats the PhiLSAT differently from the NMAT for the fundamental reason that these
aptitude exams operate differently.
For one, how these exams allow the schools to treat the scores therein obtained is different.
While both exams seem to prescribe a "cut-off" score, the NMAT score is evaluated by the
medical schools in relation to their own cut-off scores. Unlike the PhiLSAT score, the NMAT score is
not the sole determining factor on whether or not an examinee may be admitted to medical school.
The NMAT score is only meant to be one of the bases for evaluating applicants for admission to a
college of medicine.
Medical schools further enjoy the discretion to determine how much weight should be
assigned to an NMAT score relative to the schools' own admissions policy. Different medical
schools may therefore set varying acceptable NMAT scores. Different medical schools may likewise
assign different values to the NMAT score. This allows medical schools to consider the NMAT score
along with the other credentials of the applicant. The NMAT score does not constrain medical
schools to accept pre-selected applicants; it merely provides for a tool to evaluate all applicants.
Obtaining a low NMAT percentile score will not immediately and absolutely disqualify an
applicant from being admitted to medical school. Obtaining a high NMAT percentile score only
increases an applicant's options for medical schools. Taking the NMAT, thus, expands the
applicant's options for medical schools; it does not limit them.
For another, medical schools are not subjected to sanctions in case they decide to admit an
applicant pursuant to their own admissions policy. In fact, at some point, 2 7 1 there was even no
prescribed cut-off percentile score for the NMAT, and instead it was stressed that a student may
enroll in any school, college or university upon meeting the latter's speci c requirements and
reasonable regulations. 2 7 2 Also, the issuance of a certi cate of eligibility for admission to a college
of medicine had been transferred to the medical schools, thus, rightfully giving the responsibility for
and accountability of determining eligibility of students for admission to the medical program to the
schools concerned. 2 7 3
Similar to the NMAT, the Law School Admission Test (LSAT) is only one of the several criteria
for evaluation for law school admission. It is just one of the methods that law schools may use to
differentiate applicants for law school. The American Bar Association actually allows a law school to
use an admission test other than the LSAT and it does not dictate the particular weight that a law
school should give to the results of the LSAT in deciding whether to admit an applicant. 2 7 4
In contrast, the PhiLSAT score itself determines whether an applicant may be admitted to law
school or not, the PhiLSAT being strictly a pass or fail exam. It excludes those who failed to reach
the prescribed cut-off score from being admitted to any law school. It quali es admission to law
school not otherwise imposed by the schools themselves. The PhiLSAT, as presently crafted,
employs a totalitarian scheme in terms of student admissions. This leaves the consequent actions
of the applicant-student and the school solely dependent upon the results of the PhiLSAT.
1 (b). Balancing State interest with
institutional academic freedom
Thus far, it is settled that the PhiLSAT, when administered as an aptitude test, is reasonably
related to the State's unimpeachable interest in improving the quality of legal education. This
aptitude test, however, should not be exclusionary, restrictive, or qualifying as to encroach upon
institutional academic freedom. Moreover, in the exercise of their academic freedom to choose who
to admit, the law schools should be left with the discretion to determine for themselves how much
weight should the results of the PhiLSAT carry in relation to their individual admission policies. At all
times, it is understood that the school's exercise of such academic discretion should not be gravely
abused, arbitrary, whimsical, or discriminatory.
With the conclusion that the PhiLSAT, when administered as an aptitude test, passes the test
of reasonableness, there is no reason to strike down the PhiLSAT in its entirety. Instead, the Court
takes a calibrated approach and partially nulli es LEBMO No. 7-2016 insofar as it absolutely
prescribes the passing of the PhiLSAT and the taking thereof within two years as a prerequisite for
admission to any law school which, on its face, run directly counter to institutional academic
freedom. The rest of LEBMO No. 7-2016, being free from any taint of unconstitutionality, should
remain in force and effect, especially in view of the separability clause 2 7 5 therein contained.
1 (c). PhiLSAT and the right to
education
Anent the argument that the PhiLSAT transgresses petitioners' right to education and their
right to select a profession or course of study, su ce to state that the PhiLSAT is a minimum
admission standard that is rationally related to the interest of the State to improve the quality of
legal education and, accordingly, to protect the general community. The constitutionality of the
PhiLSAT, therefore, cannot be voided on the ground that it violates the right to education as stated
under Section 1, Article XIV of the Constitution. The Court's pronouncement in Tablarin 2 7 6 again
resonates with significance:
Turning to Article XIV, Section 1, of the 1987 Constitution, we note that once more,
petitioners have failed to demonstrate that the statute and regulation they assail in fact clash
with that provision. On the contrary, we may note — x x x — that the statute and the regulation
which petitioners attack are in fact designed to promote "quality education" at the level of
professional schools. When one reads Section 1 in relation to Section 5(3) of Article XIV, as
one must, one cannot but note that the latter phrase of Section 1 is not to be read with
absolute literalness. The State is not really enjoined to take appropriate steps to make quality
education "accessible to all" who might for any number of reasons wish to enroll in a
professional school, but rather merely to make such education accessible to all who qualify
under "fair, reasonable and equitable admission and academic requirements."
2. Other LEB issuances on law admission
Apart from the PhiLSAT, the LEB also imposed additional requirements for admission to law
schools under LEBMO No. 1-2011, specifically:
Article III
Prerequisites and Program Specification
SEC. 15. Prerequisites to admission to Law School. — x x x
xxx xxx xxx
Where the applicant for admission into a law school is a graduate of a foreign
institution or school following a different course and progression of studies, the matter shall
be referred to the Board that shall determine the eligibility of the candidate for
admission to law school .
SEC. 16. Board Prerequisites for Admission to the Ll.B. or J.D. Program . — The
Board shall apply Section 6 of Rule 138 in the following wise: An applicant for admission to
the Ll.B. or J.D. program of studies must be a graduate of a bachelor's degree and must have
earned at least eighteen (18) units in English, six (6) units in Mathematics, and
eighteen (18) units of social science subjects .
SEC. 17. Board Prerequisites for Admission to Graduate Programs in Law. —
Without prejudice to other requirements that graduate schools may lay down, no applicant
shall be admitted for the Master of Laws (Ll.M.) or equivalent master's degree in
law or juridical science, without an Ll.B. or a J.D. degree . Admission of non-Members
of the Philippine Bar to the master's degree shall be a matter of academic freedom vested in
the graduate school of law. The candidate for the doctorate degree in juridical science, or
doctorate in civil law or equivalent doctorate degree must have completed a Master of Laws
(Ll.M.) or equivalent degree.
Graduate degree programs in law shall have no bearing on membership or non-
membership in the Philippine Bar. 2 7 7 (Emphases supplied)
Further, LEBMO No. 1-2011, Article V, provides:
xxx xxx xxx
SEC. 23. No student who has obtained a general average below 2.5 or 80 in the
college course required for admission to legal studies may be admitted to law school.
Exceptions may be made by the Dean in exceptionally meritorious cases, after having
informed the Board. 2 7 8
These provisions similarly encroach upon the law school's freedom to determine for itself its
admission policies. With regard to foreign students, a law school is completely bereft of the right to
determine for itself whether to accept such foreign student or not, as the determination thereof now
belongs to the LEB.
Similarly, the requirement that an applicant obtain a speci c number of units in English,
Mathematics, and Social Science subjects affects a law school's admission policies leaving the
latter totally without discretion to admit applicants who are de cient in these subjects or to allow
such applicant to complete these requirements at a later time. This requirement also effectively
extends the jurisdiction of the LEB to the courses and units to be taken by the applicant in his or her
pre-law course. Moreover, such requirement is not to be found under Section 6, Rule 138 of the Rules
of Court as this section simply requires only the following from an applicant to the bar exams:
SEC. 6. Pre-Law. — No applicant for admission to the bar examination shall be
admitted unless he presents a certi cate that he has satis ed 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
a bachelor's degree in arts or sciences with any of the following subjects as major
or eld of concentration: political science, logic, english, spanish, history and
economics .
Likewise, in imposing that only those with a basic degree in law may be admitted to graduate
programs in law encroaches upon the law school's right to determine who may be admitted. For
instance, this requirement effectively nulli es the option of admitting non-law graduates on the basis
of relevant professional experience that a law school, pursuant to its own admissions policy, may
otherwise have considered.
The required general weighted average in the college course suffers the same in rmity and
would have been struck down had it not been expressly repealed by the LEB because of the PhiLSAT.
279
3. Section 7 (c) and 7 (e) on the

minimum qualifications of
faculty members
The LEB is also empowered under Section 7 (c) to set the standards of accreditation taking
into account, among others, the "quali cations of the members of the faculty" and under Section 7
(e) of R.A. No. 7662 to prescribe "minimum qualifications and compensation of faculty members[.]"
Relative to the power to prescribe the minimum quali cations of faculty members, LEB
prescribes under LEBMO No. 1-2011 the following:
[PART I]
Article V
Instructional Standards
SEC. 20. The law school shall be headed by a properly quali ed dean,
maintain a corps of professors drawn from the ranks of leading and acknowledged
practitioners as well as academics and legal scholars or experts in juridical
science[.] x x x
xxx xxx xxx
PART III
QUALIFICATIONS AND CURRICULUM
Article I
Faculty Qualifications
SEC. 50. The members of the faculty of a law school should, at the very
least, possess a Ll.B. or a J.D. degree and should be members of the Philippine
Bar . In the exercise of academic freedom, the law school may also ask specialists in various
elds of law with other quali cations, provided that they possess relevant doctoral degrees, to
teach specific subjects.
Within a period of ve (5) years of the promulgation of the present order,
members of the faculty of schools of law shall commence their studies in
graduate schools of law.
Where a law school offers the J.D. curriculum, a quali ed Ll.B. graduate who is a
member of the Philippine Bar may be admitted to teach in the J.D. course and may wish to
consider the privilege granted under Section 56 hereof.
SEC. 51. The dean should have, aside from complying with the
requirements above, at least a Master of Laws (Ll.M.) degree or a master's degree
in a related eld, and should have been a Member of the Bar for at least 5 years
prior to his appointment as dean.
SEC. 52. The dean of a graduate school of law should possess at least a
doctorate degree in law and should be an acknowledged authority in law, as
evidenced by publications and membership in learned societies and organizations;
members of the faculty of a graduate school of law should possess at least a
Master of Laws (Ll.M.) degree or the relevant master's or doctor's degrees in
related fields.
Aside from the foregoing, retired justices of the Supreme Court, the Court of Appeals,
the Sandiganbayan and the Court of Tax Appeals may serve as deans of schools of law,
provided that: they have had teaching experience as professors of law and provided further
that, with the approval of the Legal Education Board , a graduate school of law may
accredit their experience in the collegiate appellate courts and the judgments they have
penned towards the degree [ad eundem] of Master of Laws. 2 8 0 (Emphases supplied)
Thus, under LEBMO No. 1-2011, a law faculty member must have an Ll.B or J.D. degree and
must, within a period of ve years from the promulgation of LEBMO No. 1-2011, or from June 14,
2011 to June 14, 2016, commence studies in graduate school of law.
The mandatory character of the requirement of a master's degree is underscored by the LEB
in its Resolution No. 2014-02 , a "sequel rule" to Section 50 of LEBMO No. 1-2011, which provides
that:
xxx xxx xxx
1. Members of the law faculty are required to be holders of the degree of Master
of Laws. It is the responsibility of the law deans to observe and implement this rule.
2. The law faculty of all law schools shall have the following percentage of holders of the
master of laws degree:
2.1. School Year — 2017-2018 — 20%
2.2. School Year — 2018-2019 — 40%
2.3. School Year — 2019-2020 — 60%
2.4. School Year — 2020-2021 — 80%
In computing the percentage, those who are exempted from the rule shall be included.
3. Exempted from this requirement of a master's degree in law are the following:
The Incumbent or Retired Members of the:
3.1. Supreme Court;
3.2. Court of Appeals, Sandiganbayan and Court of Tax Appeals;
3.3. Secretary of Justice and Under-Secretaries of Justice, Ombudsman, Deputy
Ombudsmen, Solicitor General and Assistant Solicitors General;
3.4. Commissioners of the National Labor Relations Commission who teach Labor
Laws;
3.5. Regional Trial Court Judges;
3.6. DOJ State and Regional State Prosecutors and Senior Ombudsman Prosecutors
who teach Criminal Law and/or Criminal Procedure;
3.7. Members of Congress who are lawyers who teach Political Law, Administrative
Law, Election Law, Law on Public Officers and other related subjects;
3.8. Members of Constitutional Commissions who are Lawyers;
3.9. Heads of bureaus who are lawyers who teach the law subjects which their
respective bureaus are implementing;
3.10. Ambassadors, Ministers and other [D]iplomatic O cers who are lawyers who
teach International Law or related subjects;
3.11. Those who have been teaching their subjects for 10 years or more upon
recommendation of their deans; and
3.12. Other lawyers who are considered by the Board to be experts in any eld of law
provided they teach the subjects of their expertise.
4. The following are the sanctions for non-compliance with the foregoing rules :
4.1. If a law school is non-compliant with these rules for the rst time beginning
School Year 2017-2018, the Board shall downgrade its Recognition status to
Permit status ;
4.2. If a law school under a Permit status should remain non-compliant with these
rules in succeeding school years, the Board shall downgrade the Permit status
to Phase-Out status ;
4.3. If a law school which is under Phase-Out status remains non-compliant with
these rules in succeeding school years, the Board shall order its closure to take
effect at the end of the school year.
5. If a law school under sanction shall become compliant, its Recognition status shall be
restored. (Emphases supplied)
xxx xxx xxx
And under LEBMO No. 2:
SEC. 31. Un tness to Continue Operating a Law Program. — A law school which is
operated below quality standards of a law school is un t to continue operating a law
program.
xxx xxx xxx
2) A law school is substandard if the result of the inspection and evaluation of
the law school and its facilities by members of the Board or its staff shows that the law
school has serious de ciencies including a weak faculty as indicated, among others, by the
fact that most of the members are neophytes in the teaching of law[.] x x x
xxx xxx xxx
SEC. 32. The imposable administrative sanctions are the following:
a) Termination of the law program (closing the law school);
b) Phase-out of the law program;
c) Provisional cancellation of the Government Recognition and putting the law
program of the substandard law school under Permit Status.
This master of laws degree requirement is reiterated in LEBMO No. 17, Series of 2018
(Supplemental Regulations on the Minimum Academic Requirement of Master of Laws Degree for
Deans and Law Professors/Lecturers/Instructors in Law Schools), as follows:
xxx xxx xxx
B) For Members of the Law Faculty
SEC. 6. For purposes of determining compliance with the minimum academic
requirement of a Ll.M. degree for the members of the law faculty in law schools required
under Section 50 of LEBMO No. 1, Series of 2011 and Resolution No. 2014-02, the required
percentage of holders of Ll.M. shall be computed based on the aggregate units of all
courses/subjects offered during the semester by the law school.
SEC. 7. Within thirty (30) days upon completion the effectivity this of this
memorandum [sic], the President of the HEI and the Dean of each law school shall jointly
submit to the LEB separate certi cation of the total teaching assignments/load
for the 1st Semester and 2nd Semester of the Academic Year 2017-2018 in the
prescribed matrix form containing the names of every faculty member, his/her
highest academic law degree, quali cation for exemption from the Ll.M.
requirement, if applicable, courses/subjects assigned to teach, and academic
weight of each course/subject, and a disclosure whether or not the law school is
compliant with the prescribed percentage of Ll.M. holders for faculty members .
Thereafter, the same certi cation shall be submitted for every regular semester not later than
45 days from the start of the semester.
xxx xxx xxx
SEC. 12. Law schools failing to meet the prescribed percentage of its
faculty members required to have Ll.M. degrees shall be imposed the appropriate
administrative sanction speci ed under Resolution No. 2014-02 . (Emphases
supplied)
To be sure, under its supervisory and regulatory power, the LEB can prescribe the minimum
quali cations of faculty members. This much was a rmed by the Court when it approved the
CLEBM's proposal to revise the powers of LEB under R.A. No. 7662, but nevertheless retaining the
LEB's power to "provide for minimum quali cations for faculty members of law schools." As worded,
the assailed clauses of Section 7 (c) and 7 (e) insofar as they give LEB the power to prescribe the
minimum quali cations of faculty members are in tune with the reasonable supervision and
regulation clause and do not infringe upon the academic freedom of law schools.
Moreover, this minimum quali cation can be a master of laws degree. In University of the East
v. Pepanio, 2 8 1 the Court held that the requirement of a masteral degree, albeit for tertiary education
teachers, is not unreasonable. Thus:
The requirement of a masteral degree for tertiary education teachers is not
unreasonable. The operation of educational institutions involves public interest.
The government has a right to ensure that only quali ed persons, in possession of
su cient academic knowledge and teaching skills, are allowed to teach in such
institutions. Government regulation in this eld of human activity is desirable for
protecting, not only the students, but the public as well from ill-prepared teachers,
who are lacking in the required scienti c or technical knowledge. They may be
required to take an examination or to possess postgraduate degrees as
prerequisite to employment. (Emphasis supplied)
This was reiterated in Son v. University of Santo Tomas, 2 8 2 as follows:
As early as in 1992, the requirement of a Master's degree in the undergraduate program
professor's eld of instruction has been in place, through DECS Order 92 (series of 1992,
August 10, 1992) or the Revised Manual of Regulations for Private Schools. Article IX, Section
44, paragraph [1(a)] thereof provides that college faculty members must have a master's
degree in their eld of instruction as a minimum quali cation for teaching in a private
educational institution and acquiring regular status therein.
DECS Order 92, Series of 1992 was promulgated by the DECS in the exercise of its
[rule]-making power as provided for under Section 70 of Batas Pambansa Blg. 232, otherwise
known as the Education Act of 1982. As such, it has the force and effect of law. In University
of the East v. Pepanio , the requirement of a masteral degree for tertiary education teachers
was held to be not unreasonable but rather in accord with the public interest.
xxx xxx xxx
From a strict legal viewpoint, the parties are both in violation of the law: respondents,
for maintaining professors without the mandated masteral degrees, and for petitioners,
agreeing to be employed despite knowledge of their lack of the necessary quali cations.
Petitioners cannot therefore insist to be employed by UST since they still do not possess the
required master's degrees; the fact that UST continues to hire and maintain professors without
the necessary master's degrees is not a ground for claiming illegal dismissal, or even
reinstatement. As far as the law is concerned, respondents are in violation of the CHED
regulations for continuing the practice of hiring unquali ed teaching personnel; but the law
cannot come to the aid of petitioners on this sole ground. As between the parties herein, they
are in pari delicto.
xxx xxx xxx
The minimum requirement of a master's degree in the undergraduate teacher's eld of
instruction has been cemented in DECS Order 92, Series of 1992. Both petitioners and
respondents have been violating it. The fact that government has not cracked down on
violators, or that it chose not to strictly implement the provision, does not erase the violations
committed by erring educational institutions, including the parties herein; it simply means that
government will not punish these violations for the meantime. The parties cannot escape its
concomitant effects, nonetheless. And if respondents knew the overwhelming importance of
the said provision and the public interest involved — as they now ercely advocate to their
favor — they should have complied with the same as soon as it was promulgated.
xxx xxx xxx
In addition, the Court already held in Herrera-Manaois v. St. Scholastica's College that —
Notwithstanding the existence of the SSC Faculty Manual, Manaois still
cannot legally acquire a permanent status of employment. Private educational
institutions must still supplementarily refer to the prevailing standards,
quali cations, and conditions set by the appropriate government agencies
(presently the Department of Education, the Commission on Higher Education,
and the Technical Education and Skills Development Authority). This limitation
on the right of private schools, colleges, and universities to select and determine
the employment status of their academic personnel has been imposed by the
state in view of the public interest nature of educational institutions, so as to
ensure the quality and competency of our schools and educators. (Internal
citations omitted)
Thus, the masteral degree required of law faculty members and dean, and the doctoral degree
required of a dean of a graduate school of law are, in fact, minimum reasonable requirements.
However, it is the manner by which the LEB had exercised this power through its various issuances
that prove to be unreasonable.
On this point, the amicus curiae, Dean Sedfrey M. Candelaria, while admitting that the masteral
degree requirement is a "laudable aim" of the LEB, nevertheless adds that the LEB-imposed period of
compliance is unreasonable given the logistical and financial obstacles:
The masteral degree requirement is a laudable aim of LEB, but the possibility of
meeting the LEB period of compliance is unreasonable and unrealistic in the light of logistical
and nancial considerations confronting the deans and professors, including the few law
schools offering graduate degrees in law.
To illustrate, to the best of my knowledge there are no more than six (6) graduate
schools of law around the country to service potential applicants. Those who have opted for
graduate studies in law nd it very costly to y to the venue. While one or two programs may
have been delivered outside the provider's home school venue to reach out to graduate
students outside the urban centers, pedagogical standards are often compromised in the
conduct of the modules. This is even aggravated by the fact that very few applicants can
afford to go into full-time graduate studies considering that most deans and professors of law
are in law practice. Perhaps, LEB should work in consultation with PALS in designing a cost-
effective but e cient delivery system of any graduate program in law, [especially] for deans
and law professors. 2 8 3
Further, the mandatory character of the master of laws degree requirement, under pain of
downgrading, phase-out and closure of the law school, is in sharp contrast with the previous
requirement under DECS Order No. 27-1989 which merely prefer faculty members who are holders
of a graduate law degree, or its equivalent. The LEB's authority to review the strength or weakness of
the faculty on the basis of experience or length of time devoted to teaching violates an institution's
right to set its own faculty standards. The LEB also imposed strict reportorial requirements that
infringe on the institution's right to select its teachers which, for instance, may be based on expertise
even with little teaching experience. Moreover, in case a faculty member seeks to be exempted, he or
she must prove to the LEB, and not to the concerned institution, that he or she is an expert in the
eld, thus, usurping the freedom of the institution to evaluate the quali cations of its own teachers
on an individual basis.
Also, while the LEB requires of faculty members and deans to obtain a master of laws degree
before they are allowed to teach and administer a law school, respectively, it is ironic that the LEB,
under Resolution No. 2019-406 , in fact considers the basic law degrees of Ll.B. or J.D. as already
equivalent to a doctorate degree in other non-law academic disciplines for purposes of
"appointment/promotion, ranking, and compensation."
In this connection, the LEB also prescribes who may or may not be considered as full-time
faculty, the classi cation of the members of their faculty, as well as the faculty load, including the
regulation of work hours, all in violation of the academic freedom of law schools. LEBMO No. 2
provides:
SEC. 33. Full-time and Part-time Faculty. — There are two general kinds of faculty
members, the full-time and part-time faculty members.
a) A full-time faculty member is one:
1) Who possesses the minimum quali cation of a member of the faculty as
prescribed in Sections 50 and 51 of LEBMO No. 1 ;
2) Who devotes not less than eight (8) hours of work for the law school;
3) Who has no other occupation elsewhere requiring regular hours of work,
except when permitted by the higher education institution of which the law school
is a part; and
4) Who is not teaching full-time in any other higher education institution .
b) A part-time faculty member is one who does not meet the quali cations of a full-time
professor as enumerated in the preceding number.
SEC. 34. Faculty Classi cation and Ranking. — Members of the faculty may be
classi ed, in the discretion of the higher education institution of which the law school is a
part, according to academic proceeding, training and scholarship into Professor, Associate
Professor, Assistant Professor, and Instructor.
Part-time members of the faculty may be classi ed as Lecturers, Assistant Professorial
Lecturers, Associate Professorial Lecturers and Professorial Lecturers. The law schools
shall devise their scheme of classi cation and promotion not inconsistent with
these rules .
SEC. 35. Faculty Load. — Generally, no member of the faculty should teach
more than 3 consecutive hours in any subject nor should he or she be loaded with
subjects requiring more than three preparations or three different subjects (no
matter the number of units per subject) in a day .
However, under exceptionally meritorious circumstances, the law deans may allow
members of the faculty to teach 4 hours a day provided that there is a break of 30 minutes
between the first 2 and the last 2 hours. (Emphases supplied)
The LEB is also allowed to revoke permits or recognitions given to law schools when the LEB
deems that there is gross incompetence on the part of the dean and the corps of professors or
instructors under Section 41.2 (d) of LEBMO No. 1-2011, thus:
SEC. 41.2. Permits or recognitions may be revoked, or recognitions reverted to
permit status for just causes including but not limited to:
a) fraud or deceit committed by the institution in connection with its application to the
Board;
b) the unauthorized operation of a school of law or a branch or an extension of a law
school;
c) mismanagement or gross inefficiency in the operation of a law school;
d) gross incompetence on the part of the dean and the corps of professors or
instructors ;
e) violation of approved standards governing institutional operations, announcements
and advertisements;
f) transfer of the school of law to a site or location detrimental to the interests of the
students and inimical to the fruitful and promising study of law;
g) repeated failure of discipline on the part of the student body; and
h) other grounds for the closure of schools and academic institutions as provided for in
the rules and regulations of the Commission on Higher Education. 2 8 4 (Emphasis supplied)
In this regard, the LEB is actually assessing the teaching performance of faculty members and
when such is determined by the LEB as constituting gross incompetence, the LEB may mete out
penalties, thus, usurping the law school's right to determine for itself the competence of its faculty
members.
7 (g) on legal apprenticeship
and legal internship
While the clause "legal apprenticeship" under Section 2, par. 2 and Section 7 (g) on legal
internship, as plainly worded, cannot immediately be interpreted as encroaching upon institutional
academic freedom, the manner by which LEB exercised this power through several of its issuances
undoubtedly show that the LEB controls and dictates upon law schools how such apprenticeship
and internship programs should be undertaken.
Pursuant to its power under Section 7 (g), the LEB passed Resolution No. 2015-08
(Prescribing the Policy and Rules in the Establishment of a Legal Aid Clinic in Law Schools) wherein it
classi ed legal aid clinics into three types: (1) a legal aid clinic which is an outreach project of a law
school; (2) a legal aid clinic which entitles the participating student to curricular credits; and (3) a
legal aid clinic that entitles the participating student to avail of the privileges under Rule 138-A of the
Rules of Court.
Pertinent to the third type, the LEB requires the law schools to comply with the following rules:
xxx xxx xxx
b) Implementing Rules
(1) A LAC should be established by the law school.
(2) The law school should formulate its Clinical Legal Education Program
and submit it to the Legal Education board for its assessment and
evaluation.
(3) If Legal Education Board nds the Clinical Legal Education Program to
be proper and in order it shall endorse it to the Supreme Court for its
approval.
(4) Once approved by the Supreme Court, fourth (4th) year law students in that law
school enrolled in it shall be allowed to practice law on a limited manner pursuant
to the provisions of Rule 138-A of the Rules of Court. (Emphasis supplied).
Further, Section 24 (c), Article IV of LEBMO No. 2 prescribes the activities that should be
included in the law school's apprenticeship program, as follows:
Article IV
Law School: Administrative Matters and Opening of Branches or
Extension Classes
SEC. 24. Administrative Matters. —
xxx xxx xxx
c) Apprenticeship Program. The apprenticeship program should be closely
supervised by the Dean or a member of the faculty assigned by the Dean to do the task. The
apprenticeship program should at least include any of the following activities:
1) Preparation of legal documents
2) Interviewing clients
3) Courtroom observation and participation
4) Observation and assistance in police investigations, inquests and preliminary
investigations
5) Legal counseling
6) Legal assistance to detention prisoners
7) For working students, participation in the legal work of the legal section or o ce
of the employer-entity x x x (Emphasis supplied)
Relatedly, Section 59 (d) of LEBMO No. 1-2011, provides:
Article IV
Grading System
SEC. 59. Grading System. — The law school, in the exercise of academic freedom,
shall devise its own grading system provided that on the rst day of classes, the students are
apprised of the grading system and provided further that the following are observed :
xxx xxx xxx
(d) When apprenticeship is required and the student does not complete the
mandated number of apprenticeship hours, or the person supervising the apprenticeship
program deems the performance of the student unsatisfactory, the dean shall require of the
student such number of hours more in apprenticeship as will ful ll the purposes of the
apprenticeship program. 2 8 5 (Emphasis supplied)
These provisions unduly interfere with the discretion of a law school regarding its curriculum,
particularly its apprenticeship program. Plainly, these issuances are beyond mere supervision and
regulation.
III.
Conclusion
In general, R.A. No. 7662, as a law meant to uplift the quality of legal education, does not
encroach upon the Court's jurisdiction to promulgate rules under Section 5 (5), Article VIII of the
Constitution. It is well-within the jurisdiction of the State, as an exercise of its inherent police power,
to lay down laws relative to legal education, the same being imbued with public interest.
While the Court is undoubtedly an interested stakeholder in legal education, it cannot assume
jurisdiction where it has none. Instead, in judicial humility, the Court a rms that the supervision and
regulation of legal education. is a political exercise, where judges are nevertheless still allowed to
participate not as an independent branch of government, but as part of the sovereign people.
Nevertheless, inasmuch as the power to promulgate rules concerning the protection and
enforcement of constitutional rights, pleading, practice, and procedure in all courts, the admission to
the practice of law, the Integrated Bar, and legal assistance to the underprivileged is settled as
belonging exclusively to the Court, certain provisions and clauses of R.A. No. 7662 which, by its plain
language and meaning, go beyond legal education and intrude upon the Court's exclusive jurisdiction
suffer from patent unconstitutionality and should therefore be struck down.
Moreover, the exercise of the power to supervise and regulate legal education is
circumscribed by the normative contents of the Constitution itself, that is, it must be reasonably
exercised. Reasonable exercise means that it should not amount to control and that it respects the
Constitutionally-guaranteed institutional academic freedom and the citizen's right to quality and
accessible education. Transgression of these limitations renders the power and the exercise thereof
unconstitutional.
Accordingly, the Court recognizes the power of the LEB under its charter to prescribe
minimum standards for law admission. The PhiLSAT, when administered as an aptitude test to guide
law schools in measuring the applicants' aptness for legal education along with such other
admissions policy that the law school may consider, is such minimum standard.
However, the PhiLSAT presently operates not only as a measure of an applicant's aptitude for
law school. The PhiLSAT, as a pass or fail exam, dictates upon law schools who among the
examinees are to be admitted to any law program. When the PhiLSAT is used to exclude, qualify, and
restrict admissions to law schools, as its present design mandates, the PhiLSAT goes beyond mere
supervision and regulation, violates institutional academic freedom, becomes unreasonable and
therefore, unconstitutional. In striking down these objectionable clauses in the PhiLSAT, the State's
inherent power to protect public interest by improving legal education is neither emasculated nor
compromised. Rather, the institutional academic freedom of law schools to determine for itself who
to admit pursuant to their respective admissions policies is merely protected. In turn, the recognition
of academic discretion comes with the inherent limitation that its exercise should not be whimsical,
arbitrary, or gravely abused.
In similar vein, certain LEB issuances which exceed the powers granted under its charter
should be nullified for being ultra vires.
As in all levels and areas of education, the improvement of legal education indeed deserves
serious attention. The parties are at a consensus that legal education should be made relevant and
progressive. Reforms for a more responsive legal education are constantly introduced and are
evolving. The PhiLSAT, for instance, is not a perfect initiative. Through time and a better cooperation
between the LEB and the law schools in the Philippines, a standardized and acceptable law
admission examination may be con gured. The aws which the Court assessed to be
unconstitutional are meanwhile removed, thereby still allowing the PhiLSAT to develop into maturity.
It is, thus, strongly urged that recommendations on how to improve legal education, including tools
for screening entrants to law school, reached possibly through consultative summits, be taken in
careful consideration in further issuances or legislations.
WHEREFORE , the petitions are PARTLY GRANTED .
The jurisdiction of the Legal Education Board over legal education is UPHELD .
The Court further declares:
As CONSTITUTIONAL :
1. Section 7 (c) of R.A. No. 7662 insofar as it gives the Legal Education Board the power to
set the standards of accreditation for law schools taking into account, among others,
the quali cations of the members of the faculty without encroaching upon the
academic freedom of institutions of higher learning; and
2. Section 7 (e) of R.A. No. 7662 insofar as it gives the Legal Education Board the power to
prescribe the minimum requirements for admission to legal education and minimum
quali cations of faculty members without encroaching upon the academic freedom of
institutions of higher learning.
As UNCONSTITUTIONAL for encroaching upon the power of the Court:
1. Section 2, par. 2 of R.A. No. 7662 insofar as it unduly includes "continuing legal
education" as an aspect of legal education which is made subject to Executive
supervision and control;
2. Section 3 (a) (2) of R.A. No. 7662 and Section 7 (2) of LEBMO No. 1-2011 on the
objective of legal education to increase awareness among members of the legal
profession of the needs of the poor, deprived and oppressed sectors of society;
3. Section 7 (g) of R.A. No. 7662 and Section 11 (g) of LEBMO No. 1-2011 insofar as it
gives the Legal Education Board the power to establish a law practice internship as a
requirement for taking the Bar; and
4. Section 7 (h) of R.A. No. 7662 and Section 11 (h) of LEBMO No. 1-2011 insofar as it
gives the Legal Education Board the power to adopt a system of mandatory continuing
legal education and to provide for the mandatory attendance of practicing lawyers in
such courses and for such duration as it may deem necessary.
As UNCONSTITUTIONAL for being ultra vires:
1. The act and practice of the Legal Education Board of excluding, restricting, and
qualifying admissions to law schools in violation of the institutional academic freedom
on who to admit, particularly:
a. Paragraph 9 of LEBMO No. 7-2016 which provides that all college graduates or
graduating students applying for admission to the basic law course shall be
required to pass the PhiLSAT as a requirement for admission to any law school in
the Philippines and that no applicant shall be admitted for enrollment as a rst
year student in the basic law courses leading to a degree of either Bachelor of
Laws or Juris Doctor unless he/she has passed the PhiLSAT taken within two
years before the start of studies for the basic law course;
b. LEBMC No. 18-2018 which prescribes the passing of the PhiLSAT as a
prerequisite for admission to law schools;
Accordingly, the temporary restraining order issued on March 12, 2019 enjoining
the Legal Education Board from implementing LEBMC No. 18-2018 is made
PERMANENT . The regular admission of students who were conditionally
admitted and enrolled is left to the discretion of the law schools in the exercise of
their academic freedom; and
c. Sections 15, 16, and 17 of LEBMO No. 1-2011.
2. The act and practice of the Legal Education Board of dictating the quali cations and
classi cation of faculty members, dean, and dean of graduate schools of law in
violation of institutional academic freedom on who may teach, particularly:
a. Sections 41.2 (d), 50, 51, and 52 of LEBMO No. 1-2011;
b. Resolution No. 2014-02;
c. Sections 31 (2), 33, 34, and 35 of LEBMO No. 2;
d. LEBMO No. 17-2018; and
3. The act and practice of the Legal Education Board of dictating the policies on the
establishment of legal apprenticeship and legal internship programs in violation of
institutional academic freedom on what to teach, particularly:
a. Resolution No. 2015-08;
b. Section 24 (c) of LEBMO No. 2; and
c. Section 59 (d) of LEBMO No. 1-2011.
SO ORDERED.
Carpio, Carandang, Inting and Zalameda, JJ., concur.
Bersamin, C.J., I join the separate dissenting and concurring opinion of J. Leonen.
Peralta, * J., took no part.
Perlas-Bernabe, J., please see separate concurring opinion.
Leonen, J., see separate dissenting and concurring opinion.
Jardeleza, J., please see separate concurring and dissenting opinion.
Caguioa, J., please see separate concurring.
A.B. Reyes, Jr., J., please see my concurring opinion.
Gesmundo, J., please separate concurring and dissenting opinion.
Hernando, ** J., is on official business.
Lazaro-Javier, J., please see concurring and dissenting opinion.
Footnotes
* Also referred to as "Jocelyn L. Daño" in some parts of the rollo.
* No part.
** On official business.
1. AN ACT PROVIDING FOR REFORMS IN LEGAL EDUCATION, CREATING FOR THE PURPOSE, A LEGAL
EDUCATION BOARD AND FOR OTHER PURPOSES.
2. See In Re: Legal Education, B.M. No. 979-B, September 4, 2001 (Resolution).
3. Republic Act No. 7662, Sec. 4.
4. Id. at Sec. 5.
5. In Re: Legal Education, B.M. No. 979-B, supra note 2.
6. Id.
7. Id.
8. Id.
9. Id.
10. LEBMO No. 7-2016, par. 1.
11. Rollo (G.R. No. 230642), Vol. I, p. 216.
12. LEBMO No. 7-2016, supra, par. 2.
13. Id. at par. 10.
14. Id. at par. 1.
15. Id. at par. 2.
16. Id. at par. 3.

17. Id. at par. 4.
18. Id. at par. 5.
19. Id. at par. 6.
20. Id. at par. 7.
21. Id. at par. 8.
22. Id. at par. 9.
23. Id. at par. 10.
24. Id. at par. 11.
25. Id. at par. 12.
26. Id. at par. 13.

27. Id. at par. 14.
28. Sec. 32. The imposable administrative sanctions are the following:
a) Termination of the law program (closing the law school);
b) Phase-out of the law program; and
c) Provisional cancellation of the Government Recognition and putting the law program of the
substandard law school under Permit Status.
29. Additional Rules in the Operation of the Law Program.
30. LEBMO No. 7-2016, par. 15.
31. LEBMO No. 11-2017, par. 2.
32. Rollo (G.R. No. 230642), Vol. I, pp. 6-22.
33. Id. at 8-11.
34. Id. at 38-59.

35. Id. at 289-320.
36. Rollo (G.R. No. 242954), Vol. I, pp. 3-39.
37. Rollo (G.R. No. 230642), Vol. III, pp. 1309-1311.
38. Sec. 5. The Supreme Court shall have the following power:
xxx xxx xxx
(5) Promulgate rules concerning pleading, practice, and procedure in all courts, the admission to the
practice of law, and the integration of the Bar which, however, may be repealed, altered, or
supplemental by the Batasang Pambansa. Such rules shall provide a simplified and inexpensive
procedure for the speedy disposition of cases, shall be uniform for all courts of the same grade, and
shall not diminish, increase, or modify substantive rights.
39. Sec. 8. x x x. —
(5) The [Judicial and Bar] Council shall have the principal function of recommending appointees to the
Judiciary. It may exercise such other functions and duties as the Supreme Court may assign to it.
40. Republic Act No. 7622, Sec. 7. Powers and Functions. — x x x
xxx xxx xxx
(c) [T]o set the standards of accreditation for law schools taking into account, among others, the size
of enrollment, the qualifications of the members of the faculty , the library and other facilities,
without encroaching upon the academic freedom of institutions of higher learning[.] (Emphasis
supplied)
41. Sec. 7. (e) [T]o prescribe minimum standards for law admission and minimum qualifications and
compensation of faculty members[.] (Emphasis supplied)
42. Sec. 7. (h) [T]o adopt a system of continuing legal education . For this purpose, the Board may provide
for the mandatory attendance of practicing lawyers in such courses and for such duration as the
Board may deem necessary[.] (Emphases supplied)
43. Sec. 3. General and Specific Objective of Legal Education. — (a) Legal education in the Philippines is
geared to attain the following objectives:
xxx xxx xxx
(2) [T]o increase awareness among members of the legal profession of the needs of the poor,
deprived and oppressed sectors of society[.] (Emphasis supplied)
44. Sec. 7. (g) [T]o establish a law practice internship as a requirement for taking the Bar which a law
student shall undergo with any duly accredited private or public law office or firm or legal assistance
group anytime during the law course for a specific period that the Board may decide, but not to exceed
a total of twelve (12) months. For this purpose, the Board shall prescribe the necessary guidelines for
such accreditation and the specifications of such internship which shall include the actual work of a
new member of the Bar[.] (Emphasis supplied)
45. Sec. 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, require
proper selection of law students, maintain quality among law schools, and require legal apprenticeship
and continuing legal education . (Emphasis supplied)
46. Rollo (G.R. No. 242954), Vol. I, p. 29.

47. Id. at 86-87.
48. 236 Phil. 768 (1987).
49. 716 Phil. 208 (2013).
50. Tablarin v. Gutierrez, supra.
51. In support, petitioners-in-intervention attached to their Partial Compliance and Motion, certifications
issued by St. Thomas More School of Law and Business, Inc., St. Mary's College of Tagum, Inc.
College of Law, and Western Leyte College School of Law tending to show a decrease in the number of
enrollees from academic year 2017 to 2018 to academic year 2018 to 2019. They also attached a
Summary of Enrollment (of 44 out of the 126 law schools) furnished by the Philippine Association of
Law Schools which tend to show that 37 out of the 44 law schools experienced a decrease in
enrollment. (Rollo [G.R. No. 242954], Vol. III, pp. 1463-1477).
52. Art. VIII, Sec. 1. The Judicial power shall be vested in one Supreme Court and in such inferior courts as
may be established by law.
53. Art. X, Sec. 1. The Judicial power shall be vested in one Supreme Court and in such inferior courts as may
be established by law. The Batasang Pambansa shall have the power to define, prescribe, and
apportion the jurisdiction of the various courts, but may not deprive the Supreme Court of its
jurisdiction over cases enumerated in Section five hereof.
54. Sec. 1. The judicial power shall be vested in the Supreme Court and in such lower courts as may be
established by law.
Judicial power includes the duty of the courts of justice to settle actual controversies involving rights
which are legally demandable and enforceable, and to determine whether or not there has been a grave
abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or
instrumentality of the Government.
55. See Francisco, Jr. v. The House of Representatives, 460 Phil. 830, 883, 909-910 (2003).
56. RULES OF COURT, Rule 65, Sec. 1, provides:

Sec. 1. Petition for certiorari. — When any tribunal, board or officer exercising judicial or quasi-judicial
functions has acted without or in excess of its or his jurisdiction, or with grave abuse of discretion
amounting to lack or excess of jurisdiction, and there is no appeal, or any plain, speedy, and adequate
remedy in the ordinary course of law, a person aggrieved thereby may file a verified petition in the
proper court, alleging the facts with certainty and praying that judgment be rendered annulling or
modifying the proceedings of such tribunal, board or officer, and granting such incidental reliefs as
law and justice may require.
57. Id. at Sec. 2. Petition for Prohibition. — When the proceedings of any tribunal, corporation, board, officer or
person, whether exercising judicial, quasi-judicial or ministerial functions, are without or in excess of its
or his jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction, and
there is no appeal or any other plain, speedy, and adequate remedy in the ordinary course of law, a
person aggrieved thereby may file a verified petition in the proper court, alleging the facts with
certainty and praying that judgment be rendered commanding the respondent to desist from further
proceedings in the action or matter specified therein, or otherwise granting such incidental reliefs as
law and justice may require.
58. Association of Medical Clinics for Overseas Workers, Inc. (AMCOW) v. GCC Approved Medical Centers
Association, Inc., 802 Phil. 116, 136 (2016).
59. Id. at 139.
60. Ocampo v. Enriquez, 798 Phil. 227, 294 (2016).
61. 732 Phil. 1, 121 (2014).
62. Sec. 5. The Supreme Court shall have the following powers:
xxx xxx xxx
(2) Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the Rules of Court
may provide, final judgments and orders of lower courts in:
(a) All cases in which the constitutionality or validity of any treaty, international or executive
agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation is in
question.
63. Araullo v. Aquino III, 737 Phil. 457, 531 (2014), citing Holy Spirit Homewoners Association, Inc. v.
Defensor, 529 Phil. 573, 587 (2006).
64. Spouses Imbong v. Ochoa, supra.
65. Supra note 55, at 891-892.
66. 757 Phil. 534, 544 (2015).
67. G.R. No. 225442, August 8, 2017, 835 SCRA 350.
68. G.R. No. 232395, July 3, 2018.

69. Garcia v. Executive Secretary , 602 Phil. 64, 73 (2009). See also Angara v. Electoral Commission, 63 Phil.
139, 158 (1936), where the Court held that the Court's duty under the Constitution is "to determine
conflicting claims of authority under the Constitution and to establish for the parties in an actual
controversy the rights which that instrument secures and guarantees to them."
70. Garcia v. Executive Secretary, id., citing Francisco, Jr. v. The House of Representatives, supra note 55, at
892.
71. Southern Hemisphere Engagement Network, Inc. v. Anti-Terrorism Council, 646 Phil. 452, 471 (2010).
72. Association of Medical Clinics for Overseas Workers, Inc. (AMCOW) v. GCC Approved Medical Centers
Association, Inc., supra note 58, at 140.
73. Information Technology Foundation of the Philippines v. Commission on Elections, 499 Phil. 281, 304-
305 (2005).
74. De Borja v. Pinalakas na Ugnayan ng Maliliit na Mangingisda ng Luzon, Mindanao at Visayas, G.R. Nos.
185320 and 185348, April 19, 2017, 823 SCRA 550, 571-572.
75. ABAKADA Guro Partylist v. Purisima, 584 Phil. 246, 266 (2008).
76. De Castro v. Judicial and Bar Council, 629 Phil. 629, 686-687 (2010), citing Buckley v. Valeo, 424 U.S. 1,
113-118 (1976) <https://supreme.justia.com/cases/federal/us/424/1/> and Regional Rail
Reorganization Act Cases, 419 U.S. 102, 138-148 (1974)
<https://supreme.justia.com/cases/federal/us/419/102/> (visited May 31, 2019).
77. 97 Phil. 806, 809-811 (1955).
78. 718 Phil. 294, 305-306 (2013).
79. 391 Phil. 84, 106-108 (2000).
80. Supra note 61.
81. Id. at 124-126.
82. 721 Phil. 416, 520 (2013).
83. Rollo (G.R. No. 230642), Vol. 1, p. 11.
84. Id. at 15.
85. Id. at 17.

86. Rollo (G.R. No. 230642), Vol. 3, pp. 1370-1371.
87. Id. at 1375-1380.
88. Id. at 1381.
89. Id. at 1382.
90. Rollo (G.R. No. 230642), Vol. 1, p. 304.
91. Rollo (G.R. No. 242954), Vol. 1, p. 22.
92. BAYAN v. Zamora, 396 Phil. 623, 646 (2000) and Kilosbayan, Inc. v. Morato, 316 Phil. 652, 695-696
(1995).
93. The Provincial Bus Operators Association of the Philippines v. Department of Labor and Employment,
G.R. No. 202275, July 17, 2018.
94. Private Hospitals, Association of the Philippines, Inc. v. Medialdea, G.R. No. 234448, November 6, 2018.
95. See Integrated Bar of the Philippines v. Zamora, 392 Phil. 618, 634 (2000).
96. Funa v. Villar, 686 Phil. 571, 585 (2012).
97. 1987 CONSTITUTION, Art. VIII, Sec. 5 (5), supra note 38.
98. 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 a bachelor's degree in arts or sciences with any of the following subjects
as major or field of concentration: political science, logic, [E]nglish, [S]panish, history and economics.
99. Sec. 16. Failing candidates to take review course. — Candidates who have failed the bar examinations for
three times shall be disqualified from taking another examination unless they show to the satisfaction
of the court that they have enrolled in and passed regular fourth year review classes as well as
attended a pre-bar review course in a recognized law school.
The professors of the individual review subjects attended by the candidates under this rule shall certify
under oath that the candidates have regularly attended classes and passed the subjects under the
same conditions as ordinary students and the ratings obtained by them in the particular subject.
100. Rollo (G.R. No. 242954), Vol. 1, p. 18.
101. Sec. 5. Additional requirements for other applicants. — All applicants for admission other than those
referred to in the two preceding sections shall, before being admitted to the examination, satisfactorily
show that they have regularly studied law for four years, and successfully completed all prescribed
courses [Bachelor of Laws] in a law school or university, officially approved and recognized by the
Secretary of Education. The affidavit of the candidate, accompanied by a certificate from the
university or school of law, shall be filed as evidence of such facts, and further evidence may be
required by the court.
No applicant who obtained the Bachelor of Laws degree in this jurisdiction shall be admitted to the bar
examination unless he or she has satisfactorily completed the following courses in a law school or
university duly recognized by the government: civil law, commercial law, remedial law, criminal law,
public and private international law, political law, labor and social legislation, medical jurisprudence,
taxation and legal ethics.
102. Sec. 1. Conditions for student practice. — A law student who has successfully completed his 3rd year of
the regular four-year prescribed law curriculum and is enrolled in a recognized law school's clinical
legal education program approved by the Supreme Court, may appear without compensation in any
civil, criminal or administrative case before any trial court, tribunal, board or officer, to represent
indigent clients accepted by the legal clinic of the law school.
103. Sec. 2. Appearance. — The appearance of the law student authorized by this rule, shall be under the
direct supervision and control of a member of the Integrated Bar of the Philippines duly accredited by
the law school. Any and all pleadings, motions, briefs, memoranda or other papers to be filed, must be
signed by the supervising attorney for and in behalf of the legal clinic.
104. Sec. 3. Privileged communications. — The Rules safeguarding privileged communications between
attorney and client shall apply to similar communications made to or received by the law student,
acting for the legal clinic.
105. Sec. 4. Standards of conduct and supervision. — The law student shall comply with the standards of
professional conduct governing members of the Bar. Failure of an attorney to provide adequate
supervision of student practice may be a ground for disciplinary action.
106. Supra note 91.
107. Faculty of Civil Law (1734) <http://www.ust.edu.ph/civil-law/> (visited April 1, 2019).
108. Cortes, Irene R. (1994), ESSAYS ON LEGAL EDUCATION, Quezon City: University of the Philippines, Law
Center.
109. The implementation of this Act created a heavy shortage of teachers so the Philippine Commission
authorized the Secretary of Public Instruction to bring to the Philippines 600 teachers from the United
States known as the "Thomasites."
110. Philippine College of Arts and Trade, now known as the Technological University of the Philippines.
111. Philippine Normal School, now known as the Philippine Normal University.
112. Act No. 74, Sec. 18.
113. University of the Philippines College of Law <law.upd.edu.ph/about-the-college/> (visited April 1, 2019).
114. ESSAYS ON LEGAL EDUCATION, supra note 108.
115. Id.
116. AN ACT MAKING THE INSPECTION AND RECOGNITION OF PRIVATE SCHOOLS AND COLLEGES
OBLIGATORY FOR THE SECRETARY OF PUBLIC INSTRUCTION, AND FOR OTHER PURPOSES, March
10, 1917.
117. Act No. 2706, Sec. 2. For the purposes of this Act, a private school or college shall be any private
institution for teaching managed by private individuals or corporations, which is not subject to the
authority and regulations of the Bureau of Education, and which offers courses of primary,
intermediate, or secondary instruction, or superior courses in technical, professional, or special schools,
for which diplomas are to be granted or degrees conferred.
118. Id. at Sec. 6. The Secretary of Public Instruction shall from time to time prepare and publish in pamphlet
form the minimum standards required of primary, intermediate, and high schools and colleges
granting the degrees of bachelor of arts, bachelor of science, or any other academic degrees. He shall
also from time to time prepare and publish in pamphlet form the minimum standards required of law,
medical, dental, pharmaceutical, engineering, and agricultural schools or colleges and other special
schools giving instruction of a technical or professional character.
119. Cited in Philippine Association of Colleges and Universities v. Secretary of Education, supra note 77, at
812.
120. Id.
121. CONSTITUTION (1935), Art. XIII, Sec. 5, provides:
Sec. 5. All educational institutions shall be under the supervision of and subject to regulation by the
State. The Government shall establish and maintain a complete and adequate system of public
education, and shall provide at least free public primary instruction, and citizenship training to adult
citizens. All schools shall aim to develop moral character, personal discipline, civic conscience, and
vocational efficiency, and to teach the duties of citizenship. Optional religious instruction shall be
maintained in the public schools as now authorized by law. Universities established by the State shall
enjoy academic freedom. The State shall create scholarships in arts, science, and letters for specially
gifted citizens.
122. Enacted on June 8, 1940.
123. Approved on June 14, 1947. Repealed by Republic Act No. 8047 or the BOOK PUBLISHING INDUSTRY
DEVELOPMENT ACT.
124. Republic Act No. 139, Sec. 1. Sec. one of Act Numbered Twenty-nine hundred and fifty-seven, as
amended by Acts Numbered Thirty-one hundred and eighty-five, Thirty-four hundred and two, and
Thirty-seven hundred and seventy-two, is further amended to read as follows:
Sec. 1. A board is hereby created which shall be known as the Board on Textbooks and shall have
charge of the selection and approval of textbooks to be used in the public schools. The textbooks
selected and approved shall be used for a period of at least six years from the date of their adoption.
The textbooks to be used in the private schools recognized or authorized by the Government shall be
submitted to the Board which shall have the power to prohibit the use of any of said textbooks which it
may find to be against the law or to offend the dignity and honor of the Government and people of the
Philippines, or which it may find to be against the general policies of the Government, or which it may
deem pedagogically unsuitable.
Decisions of the Board on Textbooks shall be subject to the approval of the Secretary of Instruction
upon the recommendation of the National Council of Education.
125. Executive Order No. 94 (1947).
126. Magsalin, M. Jr. (2003), The State of Philippine Legal Education Revisited, Arellano Law and Policy
Review, 4 (1), 38-56 <https://arellanolaw.edu/alpr/v4n1c.pdf> (visited May 31, 2019).
127. Id. at 39.
128. Republic Act No. 1124, AN ACT CREATING A BOARD OF NATIONAL EDUCATION CHARGED WITH THE
DUTY OF FORMULATING GENERAL EDUCATION POLICIES AND DIRECTING THE EDUCATIONAL
INTERESTS OF THE NATION, June 16, 1954. Later on amended by Republic Act No. 4372 on June 19,
1965.
129. Presidential Decree No. 1 (1972).
130. Under Proclamation No. 1081 (1972).
131. Under Presidential Decree No. 1397 (1978).

132. CONSTITUTION (1973) Art. XV, Sec. 8 (1), provides:
1. All educational institutions shall be under the supervision of, and subject to regulation by, the State.
The State shall establish and maintain a complete, adequate, and integrated system of education
relevant to goals of national development.
133. Approved on September 11, 1982.
134. Batas Pambansa Blg. 232, Part III, Chapter 3, Sec. 27, provides:
Sec. 27. Recognition of Schools. — The educational operations of schools shall be subject to their
prior authorization of the government, and shall be affected by recognition. In the case of government
operated schools, whether local, regional, or national, recognition of educational programs and/or
operations shall be deemed granted simultaneously with establishment.
In all other cases the rules and regulations governing recognition shall be prescribed and enforced by
the Ministry of Education, Culture and Sports defining therein who are qualified to apply, providing for
a permit system, stating the conditions for the grant of recognition and for its cancellation and
withdrawal, and providing for related matters.
135. Id. at Part IV, Chapter 1, Sec. 54. Declaration of Policy . — The administration of the education system
and, pursuant to the provisions of the Constitution, the supervision and regulation of educational
institutions are hereby vested in the Ministry of Education, Culture and Sports, without prejudice to the
provisions of the charter of any state college and university.
136. Id. at Chapter 2, Sec. 59. Declaration of Policy . — Higher education will be granted towards the provision
of better quality education, the development of middle and high-level manpower, and the
intensification of research and extension services. The main thrust of higher education is to achieve
equity, efficiency, and high quality in the institutions of higher learning both public and private, so that
together they will provide a complete set of program offerings that meet both national and regional
development needs.
137. Id. at Sec. 65. Bureau of Higher Education. — The Bureau of Higher Education shall perform the following
functions:
1. Develop, formulate and evaluate programs, projects and educational standards for a higher
education;
2. Provide staff assistance to the Board of Higher Education in its policy formulation and advisory
functions;
3. Provide technical assistance to encourage institutional development programs and projects;
4. Compile, analyze and evaluate data on higher education; and

5. Perform other functions provided for by law.
138. The State of Philippine Legal Education Revisited, supra note 126.
139. Reorganization of the Ministry of Education, Culture and Sports, Prescribing its Powers and Functions
and for other purposes, Executive Order No. 117 (1987), Sec. 27, provides:
Sec. 27. Change of Nomenclatures. — In the event of the adoption of a new Constitution which
provides for a presidential form of government, the Ministry shall be called Department of Education,
Culture and Sports and the titles Minister, Deputy Minister, and Assistant Minister shall be changed to
Secretary, Undersecretary and Assistant Secretary, respectively.
140. Id. at Sec. 4. Mandate. — The Ministry shall be primarily responsible for the formulation, planning,
implementation and coordination of the policies, plans, programs and projects in the areas of formal
and non-formal education at all levels, supervise all education institutions, both public and private, and
provide for the establishment and maintenance of a complete, adequate and integrated system of
education relevant to the goals of national development.
141. Book IV, Title VI, Chapter 1, Sec. 1.
142. Id. at Chapter 4, Sec. 10.

143. 1987 CONSTITUTION, Art. XIV, Sec. 4 (1). 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.
144. Approved on March 30, 1989.
145. Art. III. Organization and Administration.
xxx xxx xxx

Sec. 2. The administration of a law school shall be governed primarily by its own policies. The
provisions under this Article shall only be suppletory in character.
146. AN ACT CREATING THE COMMISSION ON HIGHER EDUCATION or THE HIGHER EDUCATION ACT OF
1994.
147. Art. VIII, Sec. 13, provides:

Sec. 13. The Supreme Court shall have the power to promulgate rules concerning pleading, practice,
and procedure in all courts, and the admission to the practice of law. Said rules shall be uniform for all
courts of the same grade and shall not diminish, increase, or modify substantive rights. The existing
laws on pleading, practice, and procedure are hereby repealed as statutes, and are declared Rules of
Court, subject to the power of the Supreme Court to alter and modify the same. The Congress shall
have the power to repeal, alter, or supplement the rules concerning pleading, practice, and procedure,
and the admission to the practice of law in the Philippines.
148. 105 Phil. 173 (1959).
149. Id. at 176.
150. 112 Phil. 884 (1961).
151. 361 Phil. 73, 88 (1999), as cited in Estipona, Jr. v. Lobrigo, G.R. No. 226679, August 15, 2017, 837 SCRA
160.
152. Art. X, Sec. 5 (5), provides:
Sec. 5. The Supreme Court shall have the following powers:
xxx xxx xxx
(5) Promulgate rules concerning pleading, practice, and procedure in all courts, the admission to the
practice of law, and the integration of the Bar, which, however, may be repealed, altered, or
supplemented by the Batasang Pambansa. Such rules shall provide a simplified and inexpensive
procedure for the speedy disposition of cases, shall be uniform for all courts of the same grade, and
shall not diminish, increase, or modify substantive rights.
153. Echegaray v. Secretary of Justice, supra.
154. Baguio Market Vendors Multi-Purpose Cooperative (BAMARVEMPCO) v. Judge Cabato-Cortes, 627 Phil.
543, 548 (2010).
155. Id. at 549.
156. Philippine Lawyers Association v. Agrava, supra note 148, at 176.
157. In Re: Cunanan, 94 Phil. 534, 546 (1954).
158. People v. De Luna, 102 Phil. 968 (1958).
159. Query of Atty. Karen M. Silverio-Buffe, Former Clerk of Court, Branch 81, Romblon, Romblon, 613 Phil. 1,
23 (2009), citing Zaldivar v. Gonzales, 248 Phil. 542, 555 (1988).
160. In Re: Cunanan, supra, at 545.
161. Cayetano v. Monsod, 278 Phil. 235, 242-243 (1991).

162. 57 Phil. 600, 605 (1932).

163. Id.
164. See Amicus Brief of Dean Sedfrey Candelaria, rollo (G.R. No. 230642), Vol. 4, pp. 1657-1677.
165. Republic Act No. 8557 or AN ACT ESTABLISHING THE PHILIPPINE JUDICIAL ACADEMY, DEFINING ITS
POWERS AND FUNCTIONS, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES.
166. Id. at Sec. 3. The PHILJA shall serve as a training school for justices, judges, court personnel, lawyers
and aspirants to judicial posts. For this purpose, it shall provide and implement a curriculum for
judicial education and shall conduct seminars, workshops and other training programs designed to
upgrade their legal knowledge, moral fitness, probity, efficiency, and capability. It shall perform such
other functions and duties as may be necessary in carrying out its mandate.
167. Id.
168. 1987 CONSTITUTION, Art. VIII, Sec. 6.
169. As amended by Supreme Court Resolutions dated May 20, 1968 and February 13, 1992.
170. In Re: Parazo, 82 Phil. 230, 242 (1948).
171. Id.
172. RULES OF COURT, Rule 138, 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).
xxx xxx xxx

Sec. 11. Annual examination. — Examinations for admission to the bar of the Philippines shall take
place annually in the City of Manila. They shall be held in four days to be designated by the chairman
of the committee on bar examiners. The subjects shall be distributed as follows: First day: Political
and International Law (morning) and Labor and Social Legislation (afternoon); Second day: Civil Law
(morning) and Taxation (afternoon); Third day: Mercantile Law (morning) and Criminal Law
(afternoon); Fourth day: Remedial Law (morning) and Legal Ethics and Practical Exercises (afternoon).
xxx xxx xxx
Sec. 14. Passing average. — In order that a candidate may be deemed to have passed his
examinations successfully, he must have obtained a general average of 75 percent in all subjects,
without falling below 50 percent in any subject. In determining the average, the subjects in the
examination shall be given the following relative weights: Civil Law, 15 percent; Labor and Social
Legislation, 10 percent; Mercantile Law, 15 percent; Criminal Law, 10 percent; Political and
International Law, 15 percent; Taxation, 10 percent; Remedial Law, 20 percent; Legal Ethics and
Practical Exercises, 5 percent.
173. Sec. 17. Admission and oath of successful applicants. — An applicant who has passed the required
examination, or has been otherwise found to be entitled to admission to the bar, shall take and
subscribe before the Supreme Court the corresponding oath of office.
Sec. 18. Certificate. — The Supreme Court shall thereupon admit the applicant as a member of the bar
for all the courts of the Philippines, and shall direct an order to be entered to that effect upon its
records, and that a certificate of such record be given to him by the clerk of court, which certificate
shall be his authority to practice.
174. Sec. 19. Attorney's roll. — The clerk of the Supreme Court shall keep a roll of all attorneys admitted to
practice, which roll shall be signed by the person admitted when he receives his certificate.
175. Sec. 2. Requirements for all applicants for admission to the bar. — Every applicant for admission as a
member of the bar must be a citizen of the Philippines, at least twenty-one years of age, of good moral
character, and a resident of the Philippines; and must produce before the Supreme Court satisfactory
evidence of good moral character, and that no charges against him, involving moral turpitude, have
been filed or are pending in any court in the Philippines.
176. Re: Letter of Atty. Estelito P. Mendoza Proposing Reforms in the Bar Examinations through Amendments
to Rule 138 of the Rules of Court, March 9, 2010.
177. In Re: Need that Law Student Practicing under Rule 138-A be Actually Supervised during Trial, Bar Matter
No. 730, June 13, 1997 <https://www.lawphil.net/courts/bm/bm_730_1997.html> (visited September
3, 2019).
178. Morfe v. Mutuc, 130 Phil. 415, 427 (1968).
179. 22 U.S. 1 (1824) <https://supreme.justia.com/cases/federal/us/22/1> (visited May 31, 2019).
180. 7 Cush. 53, 85 (1851) <masscases.com/cases/sjc/61/61mass53.html> (visited May 31, 2019).
181. Morfe v. Mutuc, supra note 178, citing United States v. Toribio, 15 Phil. 85, 94 (1910).
182. Id., citing United States v. Gomez Jesus, 31 Phil. 218, 225 (1915).
183. Id., citing United States v. Pompeya, 31 Phil. 245, 254 (1915).
184. 127 Phil. 306 (1967).
185. Philippine Association of Service Exporters, Inc. v. Drilon, 246 Phil. 393, 398 (1988).
186. Rubi v. Provincial Board of Mindoro, 39 Phil. 660, 708 (1919); Acebedo Optical Company, Inc. v. Court of
Appeals, 385 Phil. 956, 986 (2000).
187. JMM Promotion and Management, Inc. v. Court of Appeals, 329 Phil. 87, 93 (1996).
188. Ichong v. Hernandez, 101 Phil. 1155, 1163 (1957).
189. United States v. Gomez Jesus, supra.
190. Council of Teachers and Staff of Colleges and Universities of the Philippines v. Secretary of Education,
G.R. No. 216930, October 9, 2018, citing Wisconsin v. Yoder, 406 U.S. 205 (1972)
<https://supreme.justia.com/cases/federal/us/406/205/> (visited May 31, 2019).
191. Id.
192. Indiana Aerospace University v. Commission on Higher Education, 408 Phil. 483, 495 (2001).
supra.
194. Art. XIII, Sec. 5. All educational institutions shall be under the supervision of and subject to regulation by
the State.
195. Art. XV, Sec. 8 (1). All educational institutions shall be under the supervision of, and subject to regulation
by, the State. The State shall establish and maintain a complete, adequate, and integrated system of
education relevant to the goals of national development.
196. Philippine Association of Colleges and Universities (PACU) v. Secretary of Education, supra note 77, at
819.
197. Supra note 195.
198. Sec. 4. (1) 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.
199. Sec. 12, Art. II of the 1987 Constitution articulates the State's policy relative to the rights of parents in the
rearing of their children:
Sec. 12. The State recognizes the sanctity of family life and shall protect and strengthen the family as
a basic autonomous social institution. It shall equally protect the life of the mother and the life of the
unborn from conception. The natural and primary right and duty of parents in the rearing of
the youth for civic efficiency and the development of moral character shall receive the
support of the Government . (Emphasis supplied)
200. Supra note 67.

201. See Pierce v. Society of Sisters (268 U.S. 510, 535 [1925]), where the U.S. Supreme Court recognized that
"[t]he fundamental theory of liberty upon which all governments in this Union repose excludes any
general power of the State to standardize its children by forcing them to accept instruction from public
teachers only." <https://supreme.justia.com/cases/federal/us/268/510/> (visited May 30, 2019).
Nevertheless, a shift of responsibility from the parent to the State is observed in the light of the
compulsory education laws. (Brooke Wilkins [2005], Should Public Education be a Federal
Fundamental Right?, Brigham Young University Education and Law Journal, 2005[2], 261-290)
<https://digitalcommons.law.byu.edu/elj/vol2005/iss2/8/> (visited May 30, 2019).
202. See Art. 13, Sec. 3 of the International Covenant on Economic, Social and Cultural Rights which provides
that:
Sec. 3. The States Parties to the present Covenant undertake to have respect for the liberty of parents
and, when applicable, legal guardians to choose for their children schools, other than those established
by the public authorities x x x. <https://www.ohchr.org/en/professionalinterest/pages/cescr.aspx>
(visited May 30, 2019).
203. As a legal concept, supervision is usually understood in relation with the concept of control. Thus, in
Bito-onon v. Yap Fernandez (403 Phil. 693, 702-703 [2011]), the Court held that "[s]upervisory power,
when contrasted with control, is the power of mere oversight over an inferior body; it does not include
any restraining authority over such body. [Officer] in control [lays] down the rules in the doing of an act.
If they are not followed, it is discretionary on his part to order the act undone or re-done by his
subordinate or he may even decide to do it himself. Supervision does not cover such authority.
Supervising officers merely see to it that the rules are followed, but he himself does not lay down such
rules, nor does he have the discretion to modify or replace them. If the rules are not observed, he may
order the work done or re-done to conform to the prescribed rules. He cannot prescribe his own manner
for the doing of the act."
supra note 190.
205. Bernas, Joaquin G. (1958), State "Supervision" and "Regulation" of Private Schools, Philippine Studies, 6
(3) 295-314 <https://www.jstor.org/stable/42719389> (visited May 30, 2019).
206. Id. at 303.
207. Id.
208. The Metropolitan Manila Development Authority v. Viron Transportation Co., Inc., 557 Phil. 121, 140
(2007).
209. 568 Phil. 658, 702 (2008).

210. 246 Phil. 393, 399 (1988).
211. Supra note 190.
212. Civil Liberties Union v. The Executive Secretary , 272 Phil. 147, 162 (1991).
213. Article XV, Sec. 8 (2).
214. CONSTITUTION (1935), Art. 13, Sec. 5, provides:
Sec. 5. x x x "Universities established by the State shall enjoy academic freedom." x x x
215. Ateneo de Manila University v. Judge Capulong, 294 Phil. 654, 672 (1993).
216. Id. at 672-673.
217. As notoriously stated in Keyishian v. Board of Regents (385 U.S. 589, 603 [1967]), "academic freedom x x
x is x x x a special concern of the First Amendment, which does not tolerate laws that cast a pall of
orthodoxy over the classroom." <https://supreme.justia.com/cases/federal/us/385/589/> (visited
May 31, 2019).
218. Ateneo de Manila University v. Judge Capulong, supra note 215, at 674.
219. 220 Phil. 379 (1985).

220. 264 Phil. 98 (1990).
221. 214 Phil. 319 (1984).
222. 226 Phil. 596 (1986).

223. 160-A Phil. 929, 943-944 (1975).
224. Id. at 944.
225. 354 U.S. 234, 263 (1957) <https://supreme.justia.com/cases/federal/us/354/234/> (visited May 31,
2019).
226. To illustrate, Art. XIV, Sec. 3 (2) of the 1987 Constitution prescribes that all educational institutions "shall
inculcate patriotism and nationalism, foster love of humanity, respect for human rights, appreciation
of the role of national heroes in the historical development of the country, teach the rights and duties
of citizenship, strengthen ethical and spiritual values, develop moral character and personal discipline,
encourage critical and creative thinking, broaden scientific and technological knowledge, and promote
vocational efficiency." These are understood as mere guidelines for the State.
227. 243 Phil. 993, 1006 (1988).
228. 408 Phil. 132 (2001).
229. See concurring opinion of Justice Teehankee in Garcia v. The Faculty and Admission Committee, Loyola
School of Theology, supra note 223, at 949.
230. Calawag v. University of the Philippines Visayas, supra note 49, at 216.
231. Garcia v. The Faculty and Admission Committee, Loyola School of Theology, supra note 223, at 943.
232. Supra note 215, at 661.

233. Republic Act No. 9155 (2001) or the GOVERNANCE OF BASIC EDUCATION ACT OF 2001.
supra note 190.
235. 1987 CONSTITUTION, Art. XIV, Sec. 2 (1), (2), (3), (4) and (5).
236. IV RECORD, CONSTITUTIONAL COMMISSION 58 (August 29, 1986).
237. Id. at 53.
238. Art. 13 (2). The States Parties to the present Covenant recognize that, with a view to achieving the full
realization of this right:
(a) Primary education shall be compulsory and available free to all;
(b) Secondary education in its different forms, including technical and vocational secondary
education, shall be made generally available and accessible to all by every appropriate means, and in
particular by the progressive introduction of free education;
(c) Higher education shall be made equally accessible to all, on the basis of capacity, by every
appropriate means, and in particular by the progressive introduction of free education;
(d) Fundamental education shall be encouraged or intensified as far as possible for those persons
who have not received or completed the whole period of their primary education; [and]
(e) The development of a system of schools at all levels shall be actively pursued, an adequate
fellowship system shall be established, and the material conditions of teaching staff shall be
continuously improved. Supra note 202.
239. Committee on Economic, Social and Cultural Rights, General Comment No. 13: The Right to Education
(Art. 13). (Twenty-first Session, December 8, 1999)
<https://www.refworld.org/docid/4538838c22.html> (visited May 31, 2019).
240. Id.

241. Art. 26 (1). Everyone has the right to education. Education shall be free, at least in the elementary and
fundamental stages. Elementary education shall be compulsory. Technical and professional education
shall be made generally available and higher education shall be equally accessible to all on the basis
of merit. <https://www.un.org/en/universal-declaration-human-rights/> (visited May 31, 2019).
242. International Covenant on Economic, Social and Cultural Rights, supra note 202, at Art. 13 (2) (c).
243. Committee on Economic, Social and Cultural Rights, General Comment No. 13: The Right to Education
(Art. 13), supra note 239.
244. Id.
245. Supra note 215, at 675-676.

246. Supra note 219, at 383-384.
247. Calawag v. University of the Philippines Visayas, supra note 49, at 217.
248. IV RECORD, CONSTITUTIONAL COMMISSION, supra note 236.
249. B.M. No. 979-B, supra note 2.
250. Rollo (G.R. No. 230642), Vol. 1, p. 17.
251. Id. at 100.
252. Id. at 101.
253. B.M. No. 979-B, supra note 2.
254. Land Bank of the Philippines v. AMS Farming Corporation, 590 Phil. 170, 203 (2008).
255. Mactan-Cebu International Airport Authority v. Urgello, 549 Phil. 302, 322 (2007).
256. I RECORD, SENATE 9th CONGRESS 2ND SESSION 458 (August 24, 1993).
Senator Tolentino: Thank you, Mr. President.
Now, here is one question on which I would like to be enlightened. The Council here may provide for
the minimum standards for law admission and minimum qualifications to faculty members. I assume
that this law admission means admission to the college of law of the student.
xxx xxx xxx
I assume that minimum standards for law admission here refers [sic] to the requirements that the
student must fulfill before being admitted to the law school. x x x
257. Section 15. Prerequisites to Admission to Law School. — Section 6, Rule 138 of the Rules of Court
prescribes: "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 a bachelor's degree in arts or sciences with any of the following subjects as
major or field of concentration: political science, logic, English, Spanish, history and economics."
(Underscoring supplied)
258. I RECORD, SENATE 9th CONGRESS 2ND SESSION, supra note 256, at 456-457.
259. Id. at 711 (September 22, 1993).
260. Lawyers Against Monopoly and Poverty (LAMP) v. The Secretary of Budget and Management, 686 Phil.
357, 372-373 (2012).
261. Re: Proposed Reforms in the Bar Examinations.
262. Supra note 227, at 1005.
263. Rollo (G.R. No. 230642), Vol. 1, p. 305.

264. Id. at 305 and 1567-1568.
265. Id. at 1564.
266. Id. at 1569.
267. Id. at 1582.
268. Tablarin v. Gutierrez, supra note 48, at 782-784.

269. 259 Phil. 1016, 1021-1022 (1989).
270. Garcia v. The Faculty Admission Committee, Loyola School of Theology, supra note 223, at 945.
271. See Commission on Higher Education Memorandum Order No. 6 (1996) <https://ched.gov.ph/cmo-6-s-
1996/> (visited May 31, 2019).
272. Id.
273. See CHED Memorandum Order No. 03 (2003) <https://ched.gov.ph/cmo-3-s-2003-2/> (visited September
3, 2019).
274. The American Bar Association Standards and Rules of Procedure for Approval of Law Schools 2018 to
2019 provide:
Standard 503. ADMISSION TEST
A law school shall require each applicant for admission as a first-year J.D. degree student to take a
valid and reliable admission test to assist the school and the applicant in assessing the applicant's
capability of satisfactorily completing the school's program of legal education. In making admissions
decisions, a law school shall use the test results in a manner that is consistent with the current
guidelines regarding proper use of the test results provided by the agency that developed the test.
Interpretation 503-1
A law school that uses an admission test other than the Law School Admission Test sponsored by the
Law School Admission Council shall demonstrate that such other test is a valid and reliable test to
assist the school in assessing an applicant's capability to satisfactorily complete the school's program
of legal education.
This Standard does not prescribe the particular weight that a law school should give to an applicant's
admission test score in deciding whether to admit or deny admission to the applicant.
(a) It is not a violation of this Standard for a law school to admit no more than 10% of an entering
class without requiring the LSAT from:
(1) Students in an undergraduate program of the same institution as the J.D. program; and/or
(2) Students seeking the J.D. degree in combination with a degree in a different discipline.
(b) Applicants admitted under subsection (a) must meet the following conditions:
(1) Scored at or above the 85th percentile on the ACT or SAT for purposes of subsection (a) (1), or for
purposes of subsection (a) (2), scored at or above the 85th percentile on the GRE or GMAT; and
(2) Ranked in the top 10% of their undergraduate class through six semesters of academic work, or
achieved a cumulative GPA of 3.5 or above through six semesters of academic work.
<https://www.americanbar.org/content/dam/aba/publications/misc/legal_education/Standards/2018-
2019ABAStandardsforApprovalofLawSchools/2018-2019-aba-standards-chapter5.pdf> (visited May
31, 2019).
275. 16. Separability Clause — If any part or provision of this memorandum order is declared invalid or
unconstitutional, all other provisions shall remain valid and effective.
276. Tablarin v. Gutierrez, supra note 48, at 779.

277. Rollo (G.R. No. 230642), Vol. 1, pp. 119-120.
278. Id. at 123.
279. LEBMO No. 7-2016, provides:
xxx xxx xxx
13. General Average — Beginning in Academic/School Year 2018-2019, the requirement of a general
average of not less than eighty percent (80%) or 2.5 for admission in the basic law course under
Section 23 of [LEBMO No. 1-2011] shall be withdrawn and removed.
280. Supra note 277, at 123 and 136-137.
281. 702 Phil. 191, 201 (2013).
282. G.R. No. 211273, April 18, 2018.
283. Amicus Brief of Dean Sedfrey Candelaria, supra note 164, at 1674.
284. Supra note 277, at 133.
285. Supra note 277, at 191-192.

Pimentel v. Legal Education Board

Uploaded by

Copyright:

Available Formats

Pimentel v. Legal Education Board

Uploaded by

Document Information

Original Description:

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Pimentel v. Legal Education Board

Uploaded by

Copyright:

Available Formats

EN BANC

[G.R. No. 230642. September 10, 2019.]

OSCAR B. PIMENTEL, ERROL B. COMAFAY, JR., RENE B. GOROSPE, EDWIN R.

ATTYS. ANTHONY D. BENGZON, FERDINAND M. NEGRE, MICHAEL Z. UNTALAN,

APRIL D. CABALLERO, JEREY C. CASTARDO, MC WELLROE P. BRINGAS, RHUFFY

[G.R. No. 242954. September 10, 2019.]

FRANCIS JOSE LEAN L. ABAYATA, GRETCHEN M. VASQUEZ, SHEENAH S.

J.C. REYES, JR. , J : p

LEBMO No. 2 Additional Rules in the Operation of the Law Program

LEBMO No. 4-2016 Supplemental to [LEBMO] No. 3, Series of 2016

LEBMO No. 6-2016 Reportorial Requirements for Law Schools

LEBMO No. 7-2016 Policies and Regulations for the Administration of a

LEBMO No. 8-2016 Policies, Guidelines and Procedures Governing Increases

LEBMO No. 9-2017 Policies and Guidelines on the Conferment of Honorary

LEBMO No. 10-2017 Guidelines on the Adoption of Academic/School

LEBMO No. 11-2017 Additional Transition Provisions to [LEBMO] No. 7, Series

LEBMO No. 12-2018 LEB Service/Transaction Fees

LEBMO No. 13-2018 Guidelines in the Conduct of Summer Classes

LEBMO No. 14-2018 Policy and Regulations in Offering Elective Subjects

LEBMO No. 17-2018 Supplemental Regulations on the Minimum Academic

LEBMO No. 18-2018 Guidelines on Cancellation or Suspension of Classes in

LEBMO No. 20-2019 Discretionary Admission in the AY 2019-2020 of

LEBMC No. 1 New Regulatory Issuances

LEBMC No. 2 Submission of Schedule of Tuition and Other School

LEBMC No. 3 Submission of Law School Information Report

LEBMC No. 4 Reminder to Submit Duly Accomplished LSIR Form

LEBMC No. 5 Offering of the Refresher Course for AY 2017-2018

LEBMC No. 6 Applications for LEB Certification Numbers

LEBMC No. 7 Application of Transitory Provisions under [LEBMO] No.

LEBMC No. 8 Guidelines for Compliance with the Reportorial

LEBMC No. 9 Observance of Law Day and Philippine National Law

LEBMC No. 10 September 21, 2017 Suspension of Classes

LEBMC No. 11 Law Schools Authorized to Offer the Refresher Course in

LEBMC No. 12 Law Schools Authorized to Offer the Refresher Course in

LEBMC No. 13 Legal Research Seminar of the Philippine Group of Law

LEBMC No. 14 CSC Memorandum Circular No. 22, s. 2016

LEBMC No. 15 Law Schools Authorized to Offer the Refresher Course in

LEBMC No. 16 Clarification to [LEBMO] No. 3, Series of 2016

LEBMC No. 17 Updated List of Law Schools Authorized to Offer the

LEBMC No. 18 PHILSAT Eligibility Requirement for Freshmen in the

LEBMC No. 19 Guidelines for the Limited Conditional

LEBMC No. 21 Adjustments/Corrections to the Requirements for Law

LEBMC No. 23 Collection of the PhiLSAT Certificate of

LEBMC No. 24 Observance of the Philippine National Law Week

LEBMC No. 25 Competition Law

LEBMC No. 26 Scholarship Opportunity for Graduate Studies for Law

LEBMC No. 27 Advisory on April 7, 2019 PhiLSAT and Conditional

LEBMC No. 28 April 25-26, 2019 Competition Law Training Program

LEBMC No. 29 Detailed Guidelines for Conditional Enrollment Permit

LEBMC No. 30 Law Schools Authorized to Offer Refresher Course in AY

LEBMC No. 31 Law Schools Authorized to Offer Refresher Course in AY

LEBMC No. 40 Reminders concerning Conditionally Enrolled Freshmen

C. Resolutions and Other Issuances

Resolution No. 16 Reportorial Requirement for Law Schools with Small

Resolution No. 7, Declaring a 3-Year Moratorium in the Opening of New

Resolution No. 8, Administrative Sanctions

Resolution No. 2011-21 A Resolution Providing for Supplementary Rules to the

CD Technologies Asia, Inc. 2020 cdasiaonline.com

Resolution No. 2014-02 Prescribing Rules on the Ll.M. Staggered Compliance