Legal Research 2.docx

CHAPTER I INTRODUCTION

Pursuant to the power of the Legal Education Board (LEB) to prescribe the minimum standards for law admission under Section 7(e) of Republic Act No. 7662, entitled the “Legal Education Reform Act of 1993,” the LEB, under LEB Memorandum Order No. 7 Series of 2016, required the PhiLSAT as a prerequisite for admission to the basic law courses leading to either a Bachelor of Laws or Juris Doctor degree beginning school year 2017 - 2018. The Philippine Law School Admission Test (PhiLSAT) is a standardized battery of aptitude tests designed to measure academic potential to pursue the study of law. The PhiLSAT consists of subtests on communications and language proficiency, critical thinking skills, and verbal and quantitative reasoning. Those qualified to take the PhilSAT include holders of a 4-year bachelor's degree or its equivalent, and those expecting to gain one at the end of the current school year. Honor graduates granted professional civil service eligibility, who are enrolling within 2 years from their college graduation, are exempted from taking the PhilSAT. Those exempted from the exam will have to submit a civil service recognition to the LEB. A total 8,074 examinees took the first ever Philippine Law School Admission Test conducted last April 16, 2016. 6,575 aspiring lawyers or 81.43% passed the said exam. The test was conducted in key cities around the Philippines namely: Baguio City, Metro Manila, Legazpi, Cebu City, Bacolod, Iloilo City, Davao City, and Cagayan de Oro City. The passing grade was adjusted to 45% as consideration because the examinations have limited review materials. LEB Chairman Emerson Aquende clarified that those who did not pass the PhilSAT this year may still have a chance if the accepting law school can justify the reason; according to him, there is a transition provision in our regulation that gives law schools the discretion to accept even those who did not pass, but they will need to submit a justification to the LEB. A justifiable example is one who got a score slightly below the passing grade, but their grades in college were very satisfactory and scored well in the entrance test of the law school.

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The PhilSAT will become mandatory in 2018, thus no student may be accepted into a law school if they did not pass the PhilSAT. Law schools can still implement their own entrance examinations as a second screening for aspiring law students. This may all still change because there is a petition before the Supreme Court (SC) that challenges the constitutionality of the PhilSAT. Earlier in April, the SC ordered LEB to justify Republic Act 7662, which paved the way for the creation of the PhilSAT. Decision of the Supreme Court is still pending as of present date. According to Chairman Aquende, since there is no temporary restraining order, and consistent with the presumption of the constitutionality of all statutes enacted by Congress and approved by the President, the LEB continues to function and its regulations continue to be effective.

OBJECTIVES

The objectives of this research are the following: 1) To assess the benefits of the aptitude tests given in PhiLSAT.

2) To determine the advantages and disadvantages of PhiLSAT as mandatory requirement in Law school admission. 3) To compare PhiLSAT to LSAT in screening candidates who will qualify to study Law.

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CHAPTER II METHODOLOGY

2.1 Overview of the Chapter This study is conducted in order to determine basically the advantage of a mandatory entrance examination for aspiring law students. The study focuses on the effects, impact and benefits of having PhilSAT vis a vis the laws that govern it. To be able to gather the necessary data, the researcher utilizes the descriptive method. Herein, the researchers rely on primary source of information such pertinent laws and LEB memo ciruclars generally made connected to PhilSAT and LEB. Secondary sources of information such as PhilSAT official website and inputs from media and the internet was used by the researchers. Likewise, the researchers tried their “very best” to have an output from no less than LEB Chairman Emerson B. Aquende regarding his insights on PhilSAT. The following questions were asked to Chairman Aquende to wit: 1.

What was the rationale of the LEB Memorandum Order No. 7 Series of 2016 re: mandatory entrance exam for aspiring law students (PhilSAT)?

2.

How necessary is the said memorandum considering that individual schools may have existing battery of test already in measuring the academic potential of their students before admission?

3.

How beneficial would it be to the law schools considering that the number of enrollees would decline because some aspiring students might fail the PHILSAT?

4.

A late bloomer is a person who appeared to be of average ability throughout childhood and often into adulthood, at some point, however, the late bloomer begins to do well. How can PHILSAT be regarded as basis of the academic potential of the student in his pursuit in the study of law?

5.

What made PHILSAT comparable and distinct to the LSAT?

An addendum to this research will be produced upon receipt if inputs from the Chairman.

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2.2 Research Method This study utilizes the basic research method. Basic research is employed largely for the enhancement of knowledge. This is considered as the most basic, pure and fundamental form of research. Since 2017 had been the pilot year for the implementation of PhilSAT, sources for the research had been scarce and to great extent limited. The motivation for basic research is to expand our knowledge in the legal stand point. This type of research method is not simply accumulating facts but includes proper analysis and interpretation. The methods used in the study is proper because it enables the researcher to theorize the advantages of PhilSAT and its legal foundation.

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CHAPTER III RESULTS AND DISCUSSION

All those seeking admission to the basic law courses leading to a Bachelor of Laws or Juris Doctor Degree were required to take the Philippine Law School Admission Test (PhiLSAT), a nationwide uniform admission test to be administered under the control and supervision of LEB. The PhiLSAT was designed as a one-day aptitude test that can measure the academic potential of the examinee to pursue the study of law. It evaluates the communications and language proficiency, critical thinking skills, and verbal and quantitative reasoning.

The following are qualified to take the PhiLSAT: a.

Graduate of 4-year bachelor’s degree or its equivalent, from duly recognized

higher education institutions in the Philippines. b.

Those expecting to graduate with 4-year bachelor’s degrees, or its equivalent,

from duly recognized higher education institution in the Philippines at the end of the school year when the PhilSAT was administered or a prospective taker must be a graduate. c.

Graduates from foreign higher education institutions with degrees equivalent to a

4-year bachelor’s degree as certified by the Commission on Higher Education.

The LEB may for purposes of designing examinations, formulating the questions, administering the tests, and correcting the answers designate as testing administrators, an independent third-party testing provider that meets the following requirements: a.

Five (5) year experience in designing a government academic examination in the

Philippines; b

Three (3) year experience in administering an examination simultaneously in five

(5) or more testing sites located in Luzon, Visayas and Mindanao areas’ c

Three (3) year experience in designing, formulating and administering an

admission test for law schools in the Philippines

Challenges, Disadvantages, Problems and Cons in the implementation of PHILSAT

1. Constitutionality of PHILSAT 5

When the state regulates, restricts or limits any of the protected rights of each citizens, it is most probable that that those whose rights are affected or be affected by the said regulation would stand up, argue, demand and defend their inherent rights which were infringed, usurped or violated by statutes, rules or laws that are being enacted and implemented by the state. Certain issues are being raised when conflicts between the power of the state to regulate and the rights of each individuals collide. When these situations occur the highest court of the land which is the Supreme Court of the Philippines usually decides whether a certain statute is within the precepts of our constitution or the said law violates or is against its provisions.

This is one of the main issues that is being raised when it comes to the PHILSAT. The dreams and aspirations of those who want to be a lawyer someday could be hampered by the implementation of the PHILSAT. Since being a student of law alone is already difficult, exhausting and time consuming it adds burden and challenge to those persons who want to be a future member of the bar. Those who are planning to study law, law students and even lawyers are questioning and at the same time arguing whether PHILSAT is constitutional or unconstitutional.

One person argued that PHILSAT is unconstitutional because it violates Article XIV Section 5 (3) of the constitution which provides that “Every citizen has a right to select a profession or course of study, subject to fair, reasonable, and equitable admission and academic requirements” for the reason that it is not reasonable because law schools who have no entrance exam are still academically competitive compared to other law schools who have entrance exam. The exam fee is unreasonable because it is costly and it is not equitable because there are limited testing centers and its implementation was done in short term.

2. Constitutionality of LEB

Furthermore, Pimentel challenged the constitutionality of the Legal Education Board (LEB). He argued that Congress cannot create an administrative office or board that can exercise the power vested in the Supreme Court by the Constitution. “Dapat Supreme Court ang masusunod. [The] law [is] unconstitutional [because] it goes against the power of the Supreme Court,” he said. He cited Article 8, Section 5 of the 1987 Constitution which states that the Supreme Court shall have the power over “admission to the practice of law, the integrated bar, and legal assistance to the underprivileged.” 6

With regards to the petition of Atty. Pimental, the Court directed the Legal Education Board to file a Comment within ten (10) days from receipt on the Petition for Prohibition with Prayer of Temporary Restraining filed by a law educator, challenging the constitutionality of Republic Act 7662 or the Legal Education Reform Act that allowed the board to conduct a centralized exam for aspiring law students.

3. Confusions and Questions

Another challenge that the Legal Education Board is hurdling are queries due to the confusion over its implementation of PHILSAT as an additional requirement for law school eligibility. Some are confused whether law schools are going to accept those who did not pass the said admission test or if PHILSAT is really required to enrol as a law student since law schools are conducting their own admission test aside from PHILSAT. Others are questioning the exemptions of taking the PHILSAT, particularly to whom does this exemption apply. Another confusion is in connection with conditional terms and the revocation terms laid out by LEB for law students who could not comply with the admission test requirement.

4. Problems Regarding the Venue and Processing

The venue is one of the concerns raised by a number of complaints with regards to the PHILSAT, while the processing of the application to take the exam is another issue. The concern with regards to the venue is that since there were only selected facilities where the exam would be taken is it would be hard and pose a challenge to those who live far from the chosen venues. Moreover, in the advisory from the Legal Education Board (LEB), applicants can process online and pay the examination fee of P1,000 through credit card or at BPI branches. This becomes a problem for those coming from places who have no credit card, and also to cities where no BPI branches are found.

5. Low number of Enrollees

Another problem that is imposed by the implementation of PHILSAT is that law schools are experiencing low enrolment due to PHILSAT. Since it adds more burden to those who are planning to take up law, some aspiring law students would think twice of enrolling because aside from the hardship that they would be experiencing from law 7

school the PHILSAT would pose another burden on them. Moreover, since the PHILSAT had already been implemented some aspiring law student who did not pass it did not continue their aspiration to be a lawyer anymore. The challenges that were discussed earlier adds to the reasons why enrolments in law school dropped.

Admission Test for Law Schools in other Countries 1. Law School Admission Test (LSAT) is a half-day standardized test administered 4 times each year (6 starting in 2018-2019) at designated testing centers throughout the world. Administered by the Law School Admission Council (LSAC) for prospective law school candidates, the LSAT is designed to assess reading comprehension, logical, and verbal reasoning proficiency. The test is an integral part of the law school admission process in the United States, Canada (common law programs only), the University of Melbourne, Australia, and a growing number of other countries. The test has existed in some form since 1948, when it was created to give law schools a standardized way to assess applicants aside from GPA. The current form of the exam has been used since 1991. The exam has six total sections: four scored multiplechoice sections, an unscored experimental section, and an unscored writing section. Raw scores are converted to a scaled score with a high of 180, a low of 120, and a median score around 150. When an applicant applies to a law school all scores from the past five years are reported, though, depending on the school, the highest score or an average score may be used. The 2016–2017 price to take the LSAT is US$180.

a. Function The purpose of the LSAT is to aid in predicting student success in law school. Researchers Balin, Fine, and Guinier performed research on the LSAT's ability to predict law school grades at the University of Pennsylvania. They found that the LSAT could explain about 14% of the variance in first year grades and about 15% of the variance in second year grades.

b. History The LSAT was the result of a 1945 inquiry of Frank Bowles, a Columbia Law School admissions director, about a more satisfactory admissions test that could be used for admissions than the one that was in use in 1945. The goal was to find a test that would 8

correlate with first year grades rather than bar passage rates. This led to an invitation of representatives from Harvard Law School and Yale Law School who ultimately accepted the invitation and began to draft the first administration of the LSAT exam. NYU, in correspondence by memorandum, was openly unconvinced "about the usefulness of an aptitude test as a method of selecting law school students", but was open to experimenting with the idea, as were other schools that were unconvinced. At a meeting on November 10, 1947, with representatives of law schools extending beyond the original Columbia, Harvard, and Yale representatives, the design of the LSAT was discussed. Interestingly, at this meeting the issue of a way to test students who came from excessively "technical" backgrounds that were deficient in the study of history and literature was discussed but ultimately rejected. The first administration of the LSAT followed and occurred in 1948.

c. Administration LSAC administers the LSAT four times per year: June, September/October, December and February. The June examination marks the start of a new "cycle" of testing as most test-takers plan to apply for admission the following year. The September/October administration is typically the most popular with the February administration being the least popular. 129,925 LSATs were administered in the 2011–12 testing year (June 2011– February 2012), the largest percentage decline in LSATs administered in more than 10 years, and a drop of more than 16% from the previous year, when 155,050 LSATs were administered. The number of LSATs administered fell more than 25% over a two-year period (from the 2009–10 testing year to the 2011–12 testing year). The October 2012 administration reflected a 16.4% drop in volume from its 2011 counterpart. LSAT numbers continued to drop over the next two cycles but to a lesser degree, with 13.4% and 6.2% drops, respectively, for the 2012–13 and 2013–14 cycles. February 2014 showed the first increase in test takers (1.1%) since June 2010.

d. Test composition The LSAT consists of five 35-minute multiple choice sections (one of which is an unscored experimental section) followed by an unscored writing sample section. Modern tests have 99–102 scored items in total. Several different test forms are used within an

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administration, each presenting the multiple-choice sections in different orders, which is intended to make it difficult to cheat or to guess which is the experimental section

d.1 Logical reasoning The LSAT contains two logical reasoning ("LR") sections, commonly known as "arguments", designed to test the taker's ability to dissect and analyze arguments. LR sections each contain 24–26 questions. Each question begins with a short argument or set of facts. This is followed by a prompt asking the test taker to find the argument's assumption, to select an alternate conclusion to the argument, to identify errors or logical omissions in the argument, to find another argument with parallel reasoning, or to choose a statement that would weaken/strengthen the argument.

d.2 Reading comprehension The LSAT contains one reading comprehension ("RC") section consisting of four passages of 400–500 words, and 5–8 questions relating to each passage. Complete sections contain 26–28 questions. Though no real rules govern the content of this section, the passages generally relate to law, arts and humanities, physical sciences, or social sciences. The questions usually ask the examinee to determine the author's main idea, find specific information in the passage, draw inferences from the text, and/or describe the structure of the passage. In June 2007, one of the four passages were replaced with a "comparative reading" question.[19] Comparative reading presents two shorter passages with differing perspectives on a topic. Parallels exist between the comparative reading question, the SAT's critical reading section, and the science section of the ACT.

d.3 Logic games The current LSAT contains one logic games (LG) section, officially referred to as the "analytical reasoning" section. One section contains four "games" falling into a number of categories including grouping, matching, and ordering of elements. Each LG section has 22–24 questions. Each game begins by outlining the premise ("there are five people who might attend this afternoon's meeting") and establishing a set of conditions 10

governing the relationships among the subjects ("if Amy is present, then Bob is not present; if Cathy is present, then Dan is present..."). The examinee is then asked to draw conclusions from the statements ("What is the maximum number of people who could be present?"). What makes the games challenging is that the rules do not produce a single "correct" set of relationships among all elements of the game; rather, the examinee is tested on their ability to analyze the range of possibilities embedded in a set of rules. Individual questions often add rules or modify existing rules, requiring quick reorganization of known information. The LG section is commonly regarded by LSAT takers as the most difficult section of the test, at least at first, but it is also the section that can be most improved upon with practice.

d.4 Unscored Variable section The current test contains one experimental section which Law Services refers to as the "Variable section". It is used to test new questions for future exams. The performance of the examinee on this section is not reported as part of the final score. The examinee is not told which section of the exam is experimental, since doing so could skew the data. Previously, this section has always been one of the first three sections of any given test, but beginning with the administration of the October 2011 LSAT the experimental can be after the first three sections. LSAC makes no specific claim as to which section(s) it has appeared as in the past, and what section(s) it may appear as in the future.

d.5 Writing sample The writing sample appears as the final section of the exam. The writing sample is presented in the form of a decision prompt, which provides the examinee with a problem and two criteria for making a decision. The examinee must then write an essay favoring one of the two options over the other. The decision prompt generally does not involve a controversial subject, but rather something mundane about which the examinee likely has no strong bias. While there is no "right" or "wrong" answer to the writing prompt, it is important that the examinee argues for his/her chosen position and also argues against the counter-position. LSAC does not score the writing sample. Instead, the essay is digitally imaged and sent to admission offices along with the LSAT score. Between the quality of the handwriting and of the digital image, some admissions officers regard the readability and 11

usefulness of the writing sample to be marginal. Additionally, most schools require that applicants submit a "personal statement" of some kind. These factors sometimes result in admission boards disregarding the writing sample. However, only 6.8% of 157 schools surveyed by LSAC in 2006 indicated that they "never" use the writing sample when evaluating an application. In contrast, 9.9% of the schools reported that they "always" use the sample; 25.3% reported that they "frequently" use the sample; 32.7% responded "occasionally"; and 25.3% reported "seldom" using the sample

e. Scoring The LSAT is a standardized test in that LSAC adjusts raw scores to fit an expected norm to overcome the likelihood that some administrations may be more difficult than others. Normalized scores are distributed on a scale with a low of 120 to a high of 180. The LSAT system of scoring is predetermined and does not reflect test takers' percentile, unlike the SAT. The relationship between raw questions answered correctly (the "raw score") and scaled score is determined before the test is administered, through a process called equating. This means that the conversion standard is set beforehand, and the distribution of percentiles can vary during the scoring of any particular LSAT. Adjusted scores lie in a bell curve, tapering off at the extremes and concentrating near the median. For example, there might be a 3–5 question difference between a score of 175 and a score of 180, but the difference between a 155 from a 160 could be 9 or more questions--this is because the LSAT uses an ordinal grading system. Although the exact percentile of a given score will vary slightly between examinations, there tends to be little variance. The 50th percentile is typically a score of about 151; the 90th percentile is around 165 and the 99th is about 173. A 178 or better usually places the examinee in the 99.9th percentile. Examinees have the option of canceling their scores within six calendar days after the exam, before they get their scores. LSAC still reports to law schools that the student registered for and took the exam, but releases no score. Test takers typically receive their scores by e-mail between three and four weeks after the exam. There is a formal appeal process for examinee complaints, which has been used for proctor misconduct, peer misconduct, and occasionally for challenging a question. In very rare instances, specific questions have been omitted from final scoring.

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f. Use of scores in law school admissions The LSAT is considered an important part of the law school admissions process, along with GPA. Many law schools are selective in their decisions to admit students, and the LSAT is one method of differentiating candidates. Additionally, the LSAC says the LSAT (like the SAT and ACT at the undergraduate level) serves as a standardized measure of one's ability to succeed during law school. Undergraduate grade points can vary significantly due to choices in course load as well as grade inflation, which may be pervasive at an applicant's undergraduate institution, but almost nonexistent at that of another. Some law schools, such as Georgetown University and the University of Michigan have added programs designed to waive the LSAT for selected students who have maintained a 3.8 undergraduate GPA at their schools. LSAC says its own research supports the use of the LSAT as a major factor in admissions, saying the median validity for LSAT alone is .41 (2001) and .40 (2002) in regard to the first year of law school. The correlation varies from school to school, and LSAC says that test scores are more strongly correlated to first year law school performance than is undergraduate GPA. LSAC says that a more strongly correlated single-factor measure does not currently exist, that GPA is difficult to use because it is influenced by the school and the courses taken by the student, and that the LSAT can serve as a yardstick of student ability because it is statistically normed. However, the American Bar Association has waived the requirement for law schools to use the LSAT as an admission requirement in select cases. This may be due to the fact that an emphasis on LSAT scores is considered by some to be detrimental to the promotion of diversity among applicants. Others argue that it is an attempt by law schools to counteract declining enrollment. Most admission boards use an admission index, which is a formula that applies different weight to the LSAT and undergraduate GPA and adds the results. This composite statistic can have a stronger correlation to first year performance than either GPA or LSAT score alone, depending on the weighting used. The amount of weight assigned to LSAT score versus undergraduate GPA varies from school to school, as almost all law programs employ a different admission index formula.

g. Multiple scores 13

Students may take the test as many times as they wish. Prior to 2017, only three attempts were allowed in a two-year period. Every score within five years is reported to law schools during the application process, as well a separate average of all scores on record. When faced with multiple scores from repeat test takers, users of standardized assessments typically employ three indices—most recent, highest, and average scores— in order to summarize an individual’s related performance. How the law schools report the LSAT scores of their matriculants to the American Bar Association (ABA) has changed over the years. In June 2006, the ABA revised a rule that mandated law schools to report their matriculants' average score if more than one test was taken. The current ABA rule now requires law schools to report only the highest LSAT score for matriculants who took the test more than once. In response, many law schools began considering only the highest LSAT score during the admissions process, as the highest score is an important factor in law school rankings such as those published by US News and World Report.[40] Many students rely heavily upon the rankings when deciding where to attend law school.

h. Fingerprinting controversy Starting October 1973, those taking the LSAT were required to have fingerprints taken, after some examinees were found to have hired impostors to take the test on their behalf. A recent controversy surrounding the LSAT was the requirement that examinees submit to fingerprinting on the day of testing. Although LSAC does not store digital representations of fingerprints, there is a concern that fingerprints might be accessible by the U.S. Department of Homeland Security. At the behest of the Privacy Commissioner of Canada, the LSAC implemented a change as of September 2007 which exempts Canadian test takers from the requirement to provide a fingerprint and instead requires that Canadian test-takers provide a photograph. Starting with the June 2011 admission of the LSAT, LSAC expanded this policy to include test-takers in the United States and Caribbean; LSAC therefore no longer requires fingerprints from any test takers, and instead requires that they submit a photograph.

2. Law School Admission Test (LSAT)-India is a paper-pencil test conducted across the country by Law School Admission Council (LSAC). The test is conducted to shortlist aspirants for admission in undergraduate and postgraduate level law programmes in 14

various law schools in India. As such there is no LSAT – India eligibility criteria by means of which students can appear for the exam. Officials inform that aspirants only need to follow the published test rules for LSAT India. Apart from this, aspirants need to register for the test and pay the test fee on time. Other than this, there is no LSAT India 2018 eligibility criteria to follow. LSAT—India is a test conducted to test an aspirant's reasoning and reading skills. LSAT—India is designed by the USA based Law School Admission Council (LSAC) and is conducted in India by Pearson VUE. On the basis of a student's score in LSAT—India 2016, he/she can secure admission in law programmes offered in more than 70 colleges in India.

3. Common Law Admission Test (CLAT) is a centralised test for admission to 19 National Law Universities in India. 43 other education institutes and two public sector institutes are also eligible to use these scores. The test is conducted by the 19 participating law schools in rotation, in the order of their establishment, starting with National Law School of India University which conducted CLAT-2008, and up to Chanakya National Law University which conducted CLAT-2017. The test is taken after the Higher Secondary Examination or the 12th grade for admission to integrated undergraduation programmes in Law and after Graduation in Law for Master of Laws (LL.M) programmes conducted by these law universities. The two-hour admission test consists of objective type covering questions on Elementary Mathematics or Numerical Ability, English with Comprehension, General knowledge and Current affairs, Legal Aptitude and Legal Awareness and Logical reasoning.

a. Eligibility Only Indian nationals and NRIs can appear in the test. The foreign nationals desirous of taking admission to any course in any of the participating Law Universities may directly contact the concerned University having seats for foreign nationals

The eligibility requirements are as follows: a. 1 Under-Graduate Courses

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Senior Secondary School/Intermediate (10+2) or its equivalent certificate from a recognised Board with not less than 45% marks in aggregate (40% in case of SC and ST candidates). There is no upper age restriction for the test.

a.2 Post-Graduate Courses LL. B/B. L. Degree or an equivalent degree from a recognized University with not less than 55% marks in aggregate (50% in case of SC and ST candidates). The candidates who have passed the qualifying degree examination through supplementary/ compartment and repeat attempts are also eligible for appearing in the test and taking Admission provided that such candidates will have to produce the proof of having passed the qualifying examination with fifty-five/fifty percent marks, as the case may be, on the date of their admission or within the time allowed by the respective universities.

b. Exam Pattern This law entrance exam is of two hours duration. The CLAT question paper consists of 200 multiple choice questions. There are five sections in CLAT exam paper wherein students need to answer questions from subjects such as: a. English including Comprehension b. General Knowledge and current Affairs c. Elementary Mathematics (Numerical Ability) d. Legal Aptitude e. Logical Reasoning

c. Method of allocation The CLAT form provides the students with a preference list. Each student fills the preference list, according to the colleges he/she desires.On the basis of these preferences and ranks obtained, students are allocated colleges. CLAT 2011 has seen a dramatic change. The previous system of asking applicants preferences of institution at the time of filing the application form has been done away with. In an attempt to allow for more informed choice, CLAT 2011 applicants were asked to make a selection of institutions after the declaration of results. 16

Some well-known Aptitude Exam or Admission Test for Law Schools in the Philippines

Passing PhiLSAT is indeed a requirement for an aspiring law student to enter any law school in the country however he or she needs to pass another exam in order to be admitted in a prestigious school which offers a degree in law, some notable aptitude exam or admission test are the following:

1. UP Law Aptitude Exam (UP LAE)

2. San Beda School of Law Admission Test

3. UST Faculty of Civil Law Admission Test

4. Siliman University College of Law Admission Test

5. Ateneo Law School Entrance Examination

6. University of San Carlos Admission Test

Difference between LSAT and PHILSAT.

1. If you're going to law school abroad particularly in countries such as the United States of America, Canada and Australia, you'll have to take the Law School Admission Test first (LSAT). LSAT is an integral part of the law school admission process and a growing number of other countries.

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2. It is a half-day standardized test given 4 times each year (6 starting in 2018-2019) at designated testing centers throughout the world.

3. LSAT is administered by the Law School Admission Council (LSAC). LSAC gives the exams on the months of June, September/October, December and February. The June examination marks the start of a new "cycle" of testing as most examinees plan to apply for admission the following year. The September/October administration is typically the most popular with the February administration being the least popular.

4. The test has existed in some form since 1948, when it was created to give law schools a standardized way to assess applicants aside from Grade Point Average (GPA). 5. The current form of the exam has been used since 1991. The exam has six total sections: four scored multiple-choice sections, an unscored experimental section, and an unscored writing section. Raw scores are converted to a scaled score with a high of 180, a low of 120, and a median score around 150. When an applicant applies to a law school all scores from the past five years are reported, though, depending on the school, the highest score or an average score may be used.

6. The purpose of the LSAT is to aid in predicting student success in law school. Researchers Balin, Fine, and Guinier performed research on the LSAT's ability to predict law school grades at the University of Pennsylvania. They found that the LSAT could explain about 14% of the variance in first year grades and about 15% of the variance in second year grades

7. As for the test composition, The LSAT consists of five 35-minute multiple choice sections (one of which is an unscored experimental section) followed by an unscored writing sample section. Modern tests have 99–102 scored items in total. Several different test forms are used within an administration, each presenting the multiple-choice sections in different orders, which is intended to make it difficult to cheat or to guess which is the experimental section.

The Logical Section. 18

The LSAT contains two logical reasoning ("LR") sections, commonly known as "arguments", designed to test the taker's ability to dissect and analyze arguments. LR sections each contain 24–26 questions.[16] Each question begins with a short argument or set of facts. This is followed by a prompt asking the test taker to find the argument's assumption, to select an alternate conclusion to the argument, to identify errors or logical omissions in the argument, to find another argument with parallel reasoning, or to choose a statement that would weaken/strengthen the argument.

The Reading Comprehension Section.

The LSAT contains one reading comprehension ("RC") section consisting of four passages of 400–500 words, and 5–8 questions relating to each passage. Complete sections contain 26–28 questions. Though no real rules govern the content of this section, the passages generally relate to law, arts and humanities, physical sciences, or social sciences. The questions usually ask the examinee to determine the author's main idea, find specific information in the passage, draw inferences from the text, and/or describe the structure of the passage. In June 2007, one of the four passages were replaced with a "comparative reading" question. Comparative reading presents two shorter passages with differing perspectives on a topic.

The Logic Games Section.

The current LSAT contains one logic games (LG) section, officially referred to as the "analytical reasoning" section. One section contains four "games" falling into a number of categories including grouping, matching, and ordering of elements. Each LG section has 22–24 questions. Each game begins by outlining the premise ("there are five people who might attend this afternoon's meeting") and establishing a set of conditions governing the relationships among the subjects ("if Amy is present, then Bob is not present; if Cathy is present, then Dan is present..."). The examinee is then asked to draw conclusions from the statements ("What is the maximum number of people who could be present?"). What makes the games challenging is that the rules do not produce 19

a single "correct" set of relationships among all elements of the game; rather, the examinee is tested on their ability to analyze the range of possibilities embedded in a set of rules. Individual questions often add rules or modify existing rules, requiring quick reorganization of known information. The LG section is commonly regarded by LSAT takers as the most difficult section of the test, at least at first, but it is also the section that can be most improved upon with practice.

The Unscored Variable Section.

The current test contains one experimental section which Law Services refers to as the "Variable section". It is used to test new questions for future exams. The performance of the examinee on this section is not reported as part of the final score. The examinee is not told which section of the exam is experimental, since doing so could skew the data. Previously, this section has always been one of the first three sections of any given test, but beginning with the administration of the October 2011 LSAT the experimental can be after the first three sections. LSAC makes no specific claim as to which section(s) it has appeared as in the past, and what section(s) it may appear as in the future.

Writing Sample Section.

The writing sample appears as the final section of the exam. The writing sample is presented in the form of a decision prompt, which provides the examinee with a problem and two criteria for making a decision. The examinee must then write an essay favoring one of the two options over the other. The decision prompt generally does not involve a controversial subject, but rather something mundane about which the examinee likely has no strong bias. While there is no "right" or "wrong" answer to the writing prompt, it is important that the examinee argues for his/her chosen position and also argues against the counter-position. LSAC does not score the writing sample. Instead, the essay is digitally imaged and sent to admission offices along with the LSAT score. Between the quality of the handwriting and of the digital image, some admissions officers regard the readability and usefulness of the writing sample to be marginal. Additionally, most schools require that 20

applicants submit a "personal statement" of some kind. These factors sometimes result in admission boards disregarding the writing sample. However, only 6.8% of 157 schools surveyed by LSAC in 2006 indicated that they "never" use the writing sample when evaluating an application. In contrast, 9.9% of the schools reported that they "always" use the sample; 25.3% reported that they "frequently" use the sample; 32.7% responded "occasionally"; and 25.3% reported "seldom" using the sample.

Law School Admission Test (LSAT).

Philippine Law School Admission Test (PHILSAT) is a qualifying exam for aspiring law students. Aspiring law students are required to take the PhiLSAT before they can be admitted to any law school in the Philippines. Pursuant to the power of the Legal Education Board (LEB) to prescribe the minimum standards for law admission under Section 7(e) of Republic Act No. 7662, entitled the “Legal Education Reform Act of 1993,” the LEB, under LEB Memorandum Order No. 7 Series of 2016, required the PhiLSAT as a prerequisite for admission to the basic law courses leading to either a Bachelor of Laws or Juris Doctor degree beginning school year 2017 - 2018.

Those qualified to take the PhilSAT include holders of a 4-year bachelor's degree or its equivalent, and those expecting to gain one at the end of the current school year. Honor graduates granted professional civil service eligibility, who are enrolling within 2 years from their college graduation, are exempted from taking the PhilSAT. Those exempted from the exam will have to submit a civil service recognition to the LEB. All law schools are required to comply. If they don't, they will be subject to sanctions, or a fine of up to P10,000.

The test is a one-day aptitude test which is composed of multiple-choice questions. The passing rate is 55% or such percentile score as may be prescribed by the LEB. An examinee who passes the test will be given a Certificate of Eligibility. An examinee who fails will be given a Certificate of Grade.

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Depending on its admission policy, a law school may require a higher score in the PhiLSAT, an additional or supplemental test, and/or a personal interview of the applicant.

The Center for Educational Measurement, Inc. (CEM) has been accredited to manage the affairs and activities related to the operation of the PhiLSAT. With CEM's experience as an educational testing agency, it was commissioned to develop the PhiLSAT, ensure the reliability and validity of the test, and uphold the confidentiality of results and integrity of its administration. The test is administered twice a year, in the month of September and April. There are different selected testing centers in the country: Metro Manila, Baguio City, Legaspi City, Cebu City, Iloilo City, Bacolod City, Davao City, and Cagayan de Oro City.

The test is a standardized battery of aptitude tests designed to measure academic potential to pursue the study of law.

As for the test composition, The PhiLSAT consists of subtests on communications and language proficiency, critical thinking skills, and verbal and quantitative reasoning.

Communications and Language Proficiency.

This subtest measures the ability to recognize grammar and usage errors and determine the appropriateness of words and phrases in given sentences. This subtest consists of three question types—sentence completion, identifying sentence error, and improving sentences.

Critical Thinking. This subtest measures the ability to analyze and evaluate reasoning in written materials and to draw conclusions about given propositions. This subtest consists of two question types—logical reasoning and analytical reasoning.

Verbal Reasoning. 22

This subtest measures the ability to understand written materials and make conclusions based on their content. This subtest consists of reading passages followed by questions about the passage.

Quantitative Reasoning.

This subtest measures the ability to apply basic mathematical skills to the analysis and interpretation of real-world numerical information to draw conclusions. This subtest consists of three question types— pattern recognition, data interpretation, and data sufficiency.

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CHAPTER IV CONCLUSION AND RECOMMENDATION

We are recommending taking of PhilSAT base on the following benefits and advantages to legal education:

1. Base on LAW

PHILSAT was enacted and implemented pursuant to Section 7(e) of Republic Act No. 7662, entitled the “Legal Education Reform Act of 1993,” which states that one of the function of LEB is to prescribe minimum standards for law admission and minimum qualifications and compensation of faculty members. Based on the said provision we conclude PHILSAT was created to prescribe minimum standards in the admission of aspiring law students who wants to pursue the study of law. LEB Memorandum No. 7 Series of 2016 also stated that the rationale for the issuance of said Memorandum is to improve the quality of legal education.

2. Sets minimum standards for Law admission

Before the implementation of PHILSAT some schools were already conducting their own admission test or exam as a requirement for enrolling in their respective university or college. However, not all are conducting admission test as a requirement and for this reason the LEB Memorandum Order No. 7 for the implementation of PHILSAT was issued in order to centralize entrance examinations in law schools. As a result, the LEB could now create implement a minimum standard for admitting those who aspire to study law and make sure that those who enrol in law schools are capable and does have what it takes to face and hurdle the challenges that the study of law brings. 3. Improve the Quality of Legal Education

LEB Memorandum No. 7 Series of 2016 under item number 1 policy and rationale that the reason for the promulgation of this memorandum is to improve the quality of legal education. PHILSAT was designed to measure the academic potential of the examinees which test the communications and language proficiency, critical thinking skills, and verbal and quantitative reasoning. The PHILSAT not only provides a

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preliminary measure of a potential law student’s abilities but also make sure that those who enter law schools are capable to handle the difficulties and challenges that it brings. 4. A Measure that will Save Students from Themselves

The PHILSAT is a measure that will save students from themselves, i.e., from insisting that they can handle the demands of law school when they really cannot. This measure may also save law schools from dismal bar performance records by forcing them to exclude those who, for lack of capacity and preparation, should rightfully be denied admission. The PhiLSAT results speak for themselves. The LEB’s first exam last April 2017, according to reliable sources, was tailored to a 65% passing cut off. The LEB reportedly had to lower this cut off to 45% to raise the passing number to a level acceptable to the law schools. Six thousand four hundred twenty one (6,421) took the recent September 2017 PhiLSAT exam. Of these, 3,709 or 57.76% passed, but the passing cut off was at 55%, not the 65% originally intended nor the 75% or so that governs the Bar examinations.

These results only confirm the quality of training and preparation of many who now seek law school admission. The situation is not at all addressed by the voluntary compliance that the LEB now effectively imposes, driven perhaps by the pending court case questioning the constitutional validity of the PhiLSAT and of the existence of the LEB itself. To the LEB’s (and the public’s) misfortune, the Supreme Court has not moved to resolve this case one way or the other, leaving the LEB in the limbo of uncertainty.

5. Raises a Bar for every Law School

The PHILSAT not only provides a preliminary measure of a potential law student’s abilities but also safeguards the quality of legal education in the country

With the PHILSAT, the LEB is taking a proactive step in ensuring quality legal education in the country by testing if the examinee has the minimum requirements required by any law student and future lawyers. Providing a standardized test by which every aspiring law student will be tested elevates the quality of students to be admitted to any law school. This raises the bar for every law school and increases competitiveness by admitting only those who are qualified in any school across the country 25

BIBLIOGRAPHY -

CEM, LEB and interviews of LEB Chairman EB Aquende from Rappler.com and ABS-CBN.com)

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LEB Memorandum Circular No. 7 Series of 2016

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futurelahtmlwyertobe.blogspot.com/2017/02/my-thoughts-on-philsats.

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Article XIV Section 5 (3) of the 1987 constitution

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The 1987 Constitution of the R.P. A Commentary by Joaquin G. Bernas

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2. Article XIV Section 5 (3) of the 1987 constitution

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The 1987 Constitution of the R.P. A Commentary by Joaquin G. Bernas

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Ma. Consuelo D.P. Marquez, Maria Crisanta M. Paloma (2017). UST prof questions legality of Legal Education Board, law admission exam. The Varsitarian.

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Tetch Torres-Tupas (2017). Legal board told to answer plea vs law school admission test. Philippine Daily Inquirer.

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Kristine Joy V. Patag (2017). SC orders Legal Education Board to defend PhilSAT. Business World Online.

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http://www.abogado.com.ph/legal-education-board-clarifies-philsat-and-lawschool-admission/. Retrieved on October 27, 2017

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Bohol Daily Chronicle (2017). Law school enrollment to drop due to entrance test

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Center for Educational Measurement, Inc. (2017). ABOUT PHILSAT.

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Republic Act No. 7662 “AN ACT PROVIDING FOR REFORMS IN THE LEGAL EDUCATION, CREATING FOR THE PURPOSE, A LEGAL EDUCATION BOARD AND FOR OTHER PURPOSES”

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LEB Memorandum No. 7 Series of 2016

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J. Art D. Brion (2017). Legal education and the Bar examinations. Manila Bulletin

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Francis Lim (2017). Manila has fallen! Philippine Daily Inquirer.

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"About the LSAT". www.lsac.org. Archived from the original on 2 March 2018. Retrieved 30 April 2018.

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"About the LSAT". Law.unimelb.edu.au. 2012-10-25. Archived from the original on 31 July 2013. Retrieved 2013-07-22.

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Segal, David (19 March 2012). "For 2nd Year, a Sharp Drop in Law School Entrance Tests". The New York Times. Archived from the original on 19 December 2013. Retrieved 28 October 2013.

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Shrivastava, Prachi (3 November 2014). "NLUs enter into new CLAT MoU, ensuring full participation of all 16 NLUs (except NLU Delhi)". LegallyIndia. Retrieved 19 December 2014.

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"Common Law Admission Test - Instructions". Common Law Admission Test Core Committee. Retrieved 23 April 2013.

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"List of Institutions eligible to use the CLAT-2017 scores for admissions in the Academic Session 2017-18". clat.ac.in. CLAT-2017. Retrieved 1 September 2017.

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APPENDICES

LEB Memos

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29

30

31

32

33

34