law degree not equivalent to phd

January 13th, 12:20am January 12th, 9:06pm Neil Alcober

The Commission on Higher Education (CHEd) clarified yesterday that basic law degrees whether Bachelor of Laws or Juris Doctor “are not considered” equivalent to post-graduate doctoral degrees.

The Commission made the statement following the issuance of Resolution 2019-406 issued by the Legal Education Board (LEB), and posted on social media, declaring the basic law degrees as equivalent to doctoral degrees in other non-law academic disciplines.

“The issuance of this Resolution has been interpreted by some to mean that individuals who have completed basic law degrees have been granted doctoral degrees,” CHEd said in a statement.

While the LEB has authority in administering the legal education in the country, the provisions of Republic Act 7722 or the Higher Education Act are clear about the powers and duties of the Commission in recognizing masteral and doctoral decrees, CHEd said.

CHEd said it has the exclusive power to determine the requirements of graduate programs that shall be “vertically structured” and for doctoral programs be staffed by at least three doctoral degree holders.

“As crafted by experts and observed by all higher education institutions these past years, including those that are offering Master and Doctor of Laws, graduate education is regarded as an advanced program of study, which is focused on an interdisciplinary academic discipline or profession and involves certain objective options,” CHEd said.

CHEd further explained that a doctoral degree is not determined solely by the number of units completed or the number of years in graduate school.

“The rigors of completing a regular doctorate program in any discipline in the Philippines and abroad, including ASEAN countries, are very different from that of a law degree,” CHEd said.

“ A PhD entails the creation of new knowledge in a field of specialization through a dissertation, which needs to be publicly presented and defended before a panel of PhD holders in a specific field of study,” CHEd said.

“In many cases, it involves publication of one’s research in peer-reviewed academic journals to demonstrate contribution to advanced scholarship,” the Commission added.

In a few countries like the United States, a J.D. (not an Ll.B.) is considered a professional doctorate, which is not necessarily equivalent to “other doctoral degrees in other non-law academic disciplines,” the commission posited.

In other countries like Australia, it is classified as a master’s degree, while in Canada, a baccalaureate degree, it added.

The Commission noted that the grant of authority or equivalency to non-law academic disciplines of degrees programs, including basic law degrees, are within its powers and authority.

The Commission said that it is open to sit down with the LEB to discuss issues attendant to this Resolution and find an acceptable solution to benefit all parties concerned.