About Bar Examinations

SUMMARY - Chapter VI The Bar Examinations (pp.54-60) Content based from Villareal’s Legal Profession Book

I.

Nature and Extent of Bar Examinations

Bar examinations • required in order to test one’s learning and proficiency in law, since these are among the requirements designed to avoid social danger • dictated by the demands of public policy • designed to exclude any person whose intelligence, learning, and mental capacity are inadequate to enable him to assume and charge the duties of an attorney. • Written examination held in 4 days designated by the Chairman, Committee on bar examinations (with the respective weights of the ff. subjects) Political Law -15% Labor Law-10% Civil Law- 15% Taxation- 10% Commercial/Mercantile Law- 15% Criminal law- 10% Remedial Law- 20% Legal ethics and Practical Exercises- 5% • Applicant must have sufficient qualifications • Venue city of Manila • Schedule: st 1 day- pol. & int’l. law (am), labor and social legislation (pm) 2nd day- civil law (am), taxation (pm) 3rd day- commercial/mercantile law (am), criminal law (pm) 4th day- remedial law (am), legal ethics and practical exercise (pm) • In order for to pass: - Examinee must obtain an average grade of at least 75% in all subjects without however failing below 50% in any subject - No partial passing (in view of the constant development in laws and jurisprudence) • An examinee who fails 3 times in the bar exams - disqualified from taking another one UNLESS: - he has shown to the satisfaction of the Supreme Court that he has enrolled and

passed regular fourth year in a recognized law school. - Must also submit not only a certification under oath by the professors of the individual review subjects attended by him that he has regularly attended classes and passed the subjects under the same conditions as an ordinary student, but also the rating obtained by him the particular subject. II. The Bar Examination Committee

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Judicia l Function to admit candidates for admission to the bar Supreme Court acts through Bar Examination Committee • Compo sed of: 1. S upreme Court Justice (designated by the Chief Justice) 2. 8 members of the bar (serve as an examiner with the 8 subjects with 1 subject assigned to each member) • Bar Examination Committee shall serve for 1 year • Bar Confidant- liaison bet. SC, the chairman and the individual members of the committee (function purely ministerial) III. Duties and functions of the Committee • •

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Every member is required to exercise with greatest care and diligence in the performance of his duties. Every act (In connection with the exercise of discretion with the admission of the applicants for membership in the bar) must be always in accordance with the established rules and subject to the final approval of the SC Questions are same for all examinees Vested to the committee: o Correction of exam papers o Give grades obtained by examinee o Submit corrected paper to the bar confidant (who tallies the individual

Created: 08/08/09 Villareal II, E. (2002). Legal Profession. Quezon City: Rex Printing Company, Inc.:

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grades of the examinee in all subjects, computes the general average and prepares a comparative date showing the percentage of passing and failing after which he shall submit the same to the Bar exam Committee and to the SC en banc.) Committee is enjoined to take necessary precautions to prevent substitution of papers or commission of frauds

IV. Conduct of the Examinations •

Examinee: o Must know that failure to take any subject will serve as bar from taking the exams o Given a Notice of Admission (serve as a pass to the examination compound/room) o Not allowed to bring weapons, cameras, tape recorders, other radio or stereo equipment, communication gadgets, and any other electronic device/s. o Eating, smoking, bringing of papers, books or notes are also prohibited. o Paramount Consideration keeping the examinee’s identity secret to avoid any influence to bear upon the examiner o Name card shall be given by the proctor or head watcher which should be accomplished strictly following the rules, by printing his name, affixing his customary signature, indicating the school he came from and affixing his right thumb mark. (This shall insert the name card into an envelop which is attached at the back of examination notebook. o Shall answer questions in own handwriting without help from anyone. o Use of fountain pen and sign pens in permanent blue, blue-black or black ink o Variations in the style of writing or color of ink must be avoided o Not allowed to communicate with other examinees

o If poor penmanship (from a verified application made) allowed to use a noiseless typewriter o In correcting a mistake simply draw a line across the word/words he wants to change. o Any other for of erasures as well as writing the name of the examinee or making unnecessary marking/ impression may be construed as a means of identifying his booklet and this may be a ground for disqualification o Must not influence any member of the Committee on bar Examinations further protect the integrity of exams and avoid undue pressure o The identities of the examiners are usually not being divulged pending the release of the examination results. *Any candidate who violates the rules shall be barred and be counted as a failure against him. The court may also impose more severe penalty like permanent disqualification from taking the bar

V. Coverage of the Bar Examinations  Kindly refer to page 58 to 60 of the book VI. Oath and Certificate After the Examinee hurdles the bar...  take an oath before the SC en banc (1st and possibly the last time they appear such body- not all lawyers may have chance to appear again or argue with the SC en back because not all lawyers engage themselves in active practice and if they are, not all cases reach the said body) • The court through the Office of bar confidant designates a particular date and place which to administer the mass oath taking. • After that the successful examinee.... o Will have to sign in the roll of attorneys before addressing himself as an attorney. o Pay IBP membership and professional tax before he can legally practice or appear in court o Title of “Attorney” (in 1 case)

Created: 08/08/09 Villareal II, E. (2002). Legal Profession. Quezon City: Rex Printing Company, Inc.:

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Reserved to those who, having obtained the necessary degree in the study of law and successfully taken the bar examinations, have been admitted to the IBP and remain members thereof in good standing, and it is they alone who are authorized to practice law in the Philippines.

Created: 08/08/09 Villareal II, E. (2002). Legal Profession. Quezon City: Rex Printing Company, Inc.: