As the Dust Settles, Questions on the Bar Exams

We’ve seen, in the past three or four days, a sudden buzz of comments and activities in this blog centered on the bar exams. Three times the site broke down due to the surge in traffic. After more than 1,500 combined comments in two blog entries (here and here) relating to the 2007 bar exams, we’ve seen, after a long and suspense-filled wait, the victors. Questions arise as the dust settles.

Why the sudden flow of heavy traffic? To be sure, the 2007 bar exams is not the most controversial — that is perhaps reserved to the previous commercial law leakage. Perhaps it’s arguable that it’s not the most difficult, although let’s not really go there. Suffice it to say that while examinees may have been caught offguard with what is “co-determination” in labor law, previous examinees were less fortunate when the “writ of amparo,” years before it was introduced and became controversial in the Philippines, was asked.

Maybe the interest lies in the fact that only 5% originally passed, then pulled up to 20%. Many are asking if the questions are really difficult. Some are unfairly asking if this is a weaker batch. Why do they have to pull it up to more than 20%? These are only some of the questions that have surfaced. Still, no matter what the criticism is, the increase certainly benefited hundreds of examinees.

Maybe it’s time to revisit the bar exam reforms.



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122 Responses to As the Dust Settles, Questions on the Bar Exams

  1. lol – I had to read it twice, but I got the point :P

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  2. SOCIETY OF BAR EXAM SURVIVORS (SOBERS)

    About/Purpose: A society and support group aimed to correct the unconstructive notions concerning bar flunkers, and for other noble purposes.

    Mission: To help the country produce truly competent and credible lawyers

    Objective: Petition the Supreme Court to reform the conduct of the bar exams as well as the practice of law in order to maintain the integrity in the judiciary

    Members: Valiant Bar Flunkers, Valiant Lawyers, Valiant Law Deans, Valiant Law Professors, and Valiant Law Students

    Medium: The Internet

    Slogan: Fortis cadere, cedere non potest (The brave may fall, but cannot yield)

    Activities: Sharing of knowledge through discussions, chats, e-mails, etc., Bar ops to assist members who are taking the bar, organize conventions and symposia in pursuance of the society’s noble purposes, associate with other credible organizations, etc.

    Registration: Free (Member must have at least one social network account, preferably Facebook)

    Acronym: SOBERS (from the word, “sober”, i.e., not fanciful or speculative; based on facts and rational thinking rather than on speculation)

    Rationale: At least four years in our pre-law courses, four years or more in our Bachelor of Laws, minimum of six months in our pre-bar review, and tremendous amount of physical, mental, and emotional pressures! Imagine four consecutive Sundays of grueling exams without the assurance of passing except for our undeniable willpower! Whew! And for us flunkers the ordeal is far more excruciating than the rest.

    Though considered as the hardest licensure examination in the Philippines, the present form of bar exams still appears to be fair enough. If an examinee does his job well and studies, then he has a good chance of making it. But all of us study, and maybe all of us pray; yet not everyone passes. Indeed, this is the kind of examination wherein flunking is the general rule while passing is the exception. At most, the Supreme Court would only pass 20-25 percent of the examinees who take the bar. As a matter of fact, in the recent bar exam results, only about 5-8% of the examinees supposedly passed in accordance with the standards of the examiners; hence the Supreme Court had to lower the passing grade to accommodate an additional 16%. Well and good for those who made it, but depression for those who didn’t. But why is it that every time the results are released, we always hear news about many deserving examinees surprisingly but actually flunking the bar for a reason known only to the examiners? Is it because of poor penmanship? Or awful grammar? Perhaps. But we really don’t think so.

    The truth remains that many deserving examinees don’t make it in spite of their good penmanship, good command of the English language, sufficient knowledge of the law, and use of logical reasoning. The fact also remains that every barrister does his/her job and studies well, and it would be ridiculous to think that he/she would waste 5 years or more of his/her life just to suffer the ruthless penalty of flunking the bar. In other words, each one of us had invested our time, effort, and money just to pass the bar, thus no one could blame us if we didn’t make it.
    So what could be the most logical reason why we flunked?

    We believe that it’s because of the obsolete system which causes the injustice to the honest and innocent examinees. The Supreme Court still uses the type of bar exams dating back as early as the time of Manuel L. Quezon when only 13 examinees took the bar. This system, to our mind, is not anymore applicable nowadays considering the number of hopefuls applying every year. Imagine at least 6,000 examinees answering 8 notebooks each, which totals to at least 48,000 notebooks, with only 8 or 16 examiners checking them, and for barely 4-6 months – manually! And considering that these human examiners are likewise practicing lawyers, deans, and professors, who are similarly burdened with other concerns, do you think that they would be able to devote 100% of their time in just checking the exams? Otherwise stated, is there a hundred percent assurance that they would be able to give justice to their responsibility as checkers considering the volume of notebooks to be checked vis-a-vis the very limited period given to them? Or perhaps the best question is: Are they really able to check all the notebooks? In the same vein, why is it that we encounter bar scandals such as the “Ericta Bar Scandal” and the very controversial leakage of the questions in Mercantile Law in the 2003 bar exams? Just this year’s exam, we heard about leakages in Civil and Mercantile Laws. And if people think that it was the last of its kind, perhaps they should think again.

    The outdated system of bar examinations, unbridled leakages of bar questions, and undue advantages given to some fortunate barristers are but few to mention. Thus, how would someone expect fairness in the bar exams?
    The end does not justify the means. If this country produces lawyers out of an obsolete mode, leakages, accommodations, and undue advantages, how would the people expect them to function uprightly once they are already in the practice of law? (This is not to say, however, that all is guilty. Credit must be given to those who made it in all honesty and with full confidence in the Lord.)

    Are we then to constantly produce the same breed of lawyers such as those involved in several scandals in the executive, legislative, and judicial branches of the government (many to mention)? Are we to continuously allow the unscrupulous members of the bar, as well as the outside forces, to surreptitiously remove the mantle of neutrality and apolitical nature of the judiciary? Or are we to stand our ground and in our own humble way become catalysts of change in the judicial system, especially in the conduct of the bar exams? Incidentally, have you ever thought that this could be one of God’s reasons why we flunked? That even though we were not able to attain our goal in the meantime, then at least, we would be able to bring to their attention the tumor which is slowly razing our judicial system, and through our concerted efforts, offer a long-term solution to remedy its present illness. Besides, through this noble purpose, we will have the opportunity to totally wipe out the unconstructive notion, which for several decades had been ascribed to bar flunkers. We will be able to prove that we flunked the bar not because we are the dumbest among the creatures of the earth as some (including the lousy examiners who flunked us) would unfairly believe, but rather because we were merely victims of an evidently deteriorating system.

    On the lighter aspect of our plight, come to think of it, out of say 6,000 examinees, only 1,400 or so pass. Only 1,400 or so rejoice during the Holy Week, while the 4,600 really feel Holy Week! While the passers acutely savor their success and celebrate, we, the flunkers, are alone in our rooms, crying, feeling depressed, trying to figure out the rationale of our existence, or worse, contemplating on the idea of ending it! Pure stupidity! It doesn’t make any sense! We are more than twice their number and yet we consider ourselves losers! We are more than twice their number and yet we are silent; so silent that we had already forgotten the very essence of our dream, i.e., the assertion of a right!

    In the first place, we are far better-looking than any of them! I remember my classmate telling me, “I don’t care how many times I flunk the bar, all I know is that I’m beautiful! So I won’t stop until the Supreme Court takes notice of my beauty” That’s the spirit!

    Kidding aside, however, the truth is that we are tougher than anyone else! Surviving the bar exams is itself an achievement. Surviving it twice or more makes us tougher twice or more than anyone else! Besides, our predicament is not even a matter of life and death. Isn’t it that God will make a way where there seems to be no way? We may not have made it on our first, second, third, or more attempts, but the battle isn’t over till it’s over! There is always the so-called “another chance.” Who knows, we might hit the jackpot this time around! All we have to do is to give ourselves another chance if we are really determined to fulfill our goal since there is no other way, as of this time, to enter the practice of law in the Philippines except to successfully hurdle the bar!

    Also, it’s not yet the end of the world for us. We still have lots and lots of opportunities in life. Bar is not our life, but only a part of it. I’m pretty sure that God is just using our bar experiences to make us tougher – to make us better persons. Or maybe, He is utilizing it to make us realize that we’re already missing out a lot of good stuffs, especially His blessings, because we are overly preoccupied with our dream of becoming lawyers. He wanted to remind us that there are more important things to do in this world; that we should not waste too much of our time in pleasures which are purely of human origin, like the study of law and that of becoming lawyers. Perhaps, He wanted us to devote more of our time with our family and friends. By giving too much attention to our goal, we may have already forgotten the simple things which give joy to the human spirit. We might have already forgotten the true meaning of happiness; the kind of happiness which could not be measured by success as man measures it.

    Whether we admit it or not, we realize so many things after flunking the bar. Some view it as punishment or a sort of misfortune; hence, they end up regretting it for the rest of their lives. But for us, let us see it rather in a brighter perspective. Flunking the bar is really a blessing in disguise since it made us better persons. Now we’re tougher. We can now see the true meaning of life – a life which is never measured by fame, career, or fortune, but rather by the love of our family and friends, and most importantly, by our relationship with our Creator.

    People who might enjoy seeing us fall may feel relieved. They may even call this society a concrete form of sour grape or a mere mode of escape. One thing is for sure though; they have absolutely no idea of what we’ve been through. And they cannot take away the fact that we are survivors and that each one of us is an epitome of what a truly tough person is!
    So cheer-up! If it’s really the desire of our hearts, then God, in His infinite mercy, would definitely give it to us in His own appointed time!

    “I can do everything through Him who gives me strength.”
    Philippians 4:13

    P.S.

    The approved changes in the 2011 bar exams and beyond by the brilliant Justice ROBERTO A. ABAD is congruent with the society’s mission and objective although we still have some reservations therein considering that we do not yet have a hundred percent assurance that the questions (or even the answers), especially in the MCQ’s, will not leak (we all know the capabilities of the unscrupulous elements in the bar exams). At any rate, we, the SOBERS, feel vindicated.

    Join us! Simply “like” us on Facebook. God bless everyone! We’re with you every step of the way.

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