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The Resolution en Banc Dated July 27

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RITCHEN MAIQUE
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60 views

The Resolution en Banc Dated July 27

Case digest

Uploaded by

RITCHEN MAIQUE
Copyright
© © All Rights Reserved
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The Resolution En Banc dated July 27, 1993 in the case of In Re: Application of Adriano

Hernandez to take the 1993 Bar Examination dealt with the eligibility of a Filipino citizen,
Adriano Hernandez, to take the Philippine Bar Examination.
Facts
Hernandez, a graduate of Juris Doctor from Columbia Law School in New York and a
bar passer in New York in 1990, sought permission to take the bar exam in the
Philippines. He had taken bar subjects at Ateneo Law School and completed a 5-month
bar review course there. However, he was unable to present the requirements
stipulated in Sections 5 and 6 of Rule 138, which mandated completion of law studies in
a Philippine law school.
Issue
The key issue before the Supreme Court was whether Hernandez should be allowed to
take the bar examination despite not fulfilling the requirements under Sections 5 and 6
of Rule 138.
Ruling
The Supreme Court, considering previous cases where Filipinos in similar
circumstances were allowed to take the bar exam, decided to grant Hernandez
permission to take the 1993 bar examinations. The Court acknowledged that non-
graduates of Philippine law schools had been allowed to take the bar examination in the
past. However, the Court clarified that, moving forward, all applicants for the bar
examination, starting from the following year, would be required to comply with the
requirements stipulated in Sections 5 and 6 of Rule 138, including completion of law
studies in a Philippine law school.
This resolution highlights the Supreme Court's evolving approach to bar examination
eligibility. While the Court recognized the unique circumstances of Hernandez and
granted him permission to take the exam, it also emphasized the need for uniformity
and adherence to established rules for future applicants. This decision aimed to strike a
balance between accommodating exceptional cases and maintaining the integrity and
standards of the Philippine Bar Examination.

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