Sunday, March 30, 2008
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Reflections on the 2007 Bar Tarnish

I'm sorry but someone has to say it.

I'm really bothered by the Supreme Court's decision to lower the passing percentage from 75% to 70%. It's like lowering their standards, which runs contrary to spirit of the bar exams reforms being promulgated.

Any bar exams should be free from tarnish or even the hint of such tarnish.

The reason that it was "unusually difficult" and only a few would pass on 75% is too flimsy for me. It is not as if we desperately need more lawyers, your know. Unfortunately, we can't export them. If only 281 would pass on 75% then so be it, I say.

And lowering the passing grade is too much of a compromise and would not fair to those who took previous bar exams and got 74.9% to 70%. One can argue that the this lowered 70% standard precedent should apply to future exams, and even retroactively to be fair to those who should have passed on these lower standards.

Face it. The Bar Exams is difficult in any event and in any case. If you got a difficult bar chairperson or a difficult bar exam it's just tough luck. And the chairman said in previous interviews, "The Bar examinations are not difficult, it depends on the examinees. If he prepared well and studied well, and prayed hard, then he will make it."

And why lower it to 70%, which I think is too low? Why not only 74% or even 73%? On the extreme, why not 60% or even 50%, which is the minimum grade required in any bar subject? Why not just grade on a curve? Or why not scrap this "unusually difficult" exams altogether, or at least not make it count as far as to "five-strike" rule is concerned?

I'm sure there are some other ways of addressing this "unusually difficult" bar exams other than dropping the standards too low.

Personally, because of this, I will be wary of hiring someone from this year. At the very least, I would demand that an applicant show his/her results and I would only hire one who "really" passed the 2007 Bar Exams, one who passed at 75%. I may not even hire someone from this year altogether and get one from an untarnished year, just to be sure.

You may have another opinion on the matter. But this is mine. And so is my hiring policy, because I'm the one who would have to look for the money to pay for his/her salary.

(If you really must know, and just to shut down an ad hominem argument, I passed my bar exams at way above 75% on my first attempt. I'm not a topnotcher, but I've eaten a lot of them for breakfast.)

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Side Prayers

PRAYER FOR GENEROSITY
Lord Jesus,
Teach me to be generous,
Teach me to serve You as You deserve
To give and not to count the cost,
To fight and not to heed the wounds,
To toil and not to seek for rest,
To labor and not to ask for reward,
except that of knowing
That I do Your Holy Will. Amen

THE LAWYER'S PRAYER
May every word I speak be from Your Truth...
I ask come from Your Wisdom...
May every case I handle receive Your Guidance...
May every heart, every life I touch, feel Your Love.

THE JABEZ PRAYER
And Jabez called on the God of Israel saying,
"Oh, that You would bless me indeed,
and enlarge my territory,
that Your Hand be with me,
that You would keep me from evil,
that I may not cause pain."

So God granted him what he requested.

Side Oath

The Lawyer's Oath
I do solemnly swear that
I will maintain allegiance to
the Republic of the Philippines,
I will support its Constitution
and obey the laws as well as
the legal orders of the
duly constituted authorities therein;
I will do no falsehood,
nor consent to the doing of any in court;
I will not wittingly or willingly
promote or sue any groundless,
false or unlawful suit,
nor give aid nor consent to the same;
I will delay no man for money or malice,
and will conduct myself as a lawyer
according to the best of my knowledge
and discretion with all good fidelity
as well to the courts as to my clients;
and I impose upon myself this voluntary obligation
without any mental reservation
or purpose of evasion.
So help me God.

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