Law and (dis) Order

The blast that greeted the barristers as they emerged from the final exam of the 2010 bar was a most unwelcome development. What was supposed to be an occasion of merriment and celebration turned out to be a moment of anguish and sorrow. The injured count stood at 44 with two law students needing to have their legs amputated. Seeing 25-year old law student Raissa Laurel was both heart wrenching and heartwarming. It was heart wrenching because the victim was an innocent bystander who came to show her support to upper class colleagues who had just finished the bar exams. Now, it is the turn of the latter to show their support for her. It was heart warming because despite the unfortunate incident, she continued to display a positive spirit and an indomitable resolve to pursue her chosen profession. Indeed, her legs may have been shattered yet her dream remains unbroken.

Early police reports indicated that the blast was fraternity-war related. Yet it would seem that most of the casualties are civilians. In law school, the non-frat members are referred to as “barbarians.” But with these kinds of incidents, you wonder which group really deserves the title. 

Several investigating committees have been formed by the Supreme Court, the PNP and the NBI. But aside from determining the culprits behind last Sunday’s blast, they should also recommend measures to lessen the possibility of these incidents happening again in the future. From a big picture perspective, our lawmakers and law enforcers really need to put their thinking caps together to crack down on fraternity related violence.

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And to think that the day started quite pleasantly with the traditional 4th Sunday breakfast among the law deans with the Chief Justice and the 2010 and 2011 bar Chairpersons. Initially, there were rumblings among the law deans particularly with respect to the questions asked in Political Law, Commercial Law and Taxation. UST dean Nilo Divina eloquently raised the concerns of the group to the Supreme Court Justices present. In response, 2010 Chairperson Justice Conchita Carpio-Morales immediately muted the crowd by stating that all questions relating to the Bulk Sales Law will automatically be credited. This remark drew spontaneous applause. She also assured the deans present that (and I have this on tape) the examinees’ booklets will be checked “very liberally.” For his part, Chief Justice Renato Corona said that the Court en banc will be “reasonable” insofar as the number of passers is concerned. He said that regardless of the difficulty of the exam, usually the grades are curved anyway so a good number should pass.

With regard to the 2011 bar examinations, the Chairperson, Justice Roberto Abad, sounded out the deans on the possibility of shortening the exams from four to three Sundays with two Sundays devoted solely to multiple choice questions (MCQs) and one Sunday for the essay portion. The proposed revised schedule is as follows:

My four centavos is that this reconfigured schedule makes economic and practical sense. The Supreme Court, the law schools and most importantly, the barristers (especially those coming from the provinces), will spend less because of the abbreviated schedule. Moreover, with respect to MCQs, the barristers should feel less stressed as they no longer have to think of (nor write in long hand), the answer as they will just need to choose the best answer from the options given.

Insofar as the essay part is concerned, it is important to provide the barristers with forms of model documents and pleadings. This way, the standards are set and the expectations of both the examiner and the examinee as to the work product required are clear.

This reconfigured schedule mirrors the format used by the State bar exams in the United States. Since the exams are easier to check, there is also now the possibility of having more than one bar exam per year and holding it in a location other than Manila. For the 2011 bar, I had suggested that the exam be pushed from September to November to give more time for the stakeholders to transition to the new format. Perhaps, the Supreme Court should also consider permanently moving the “bar month” to November so that the chances of an “Ondoy “ happening again during the exams are lessened.

Future barristers should carefully review the proposed schedule and communicate their comments to their respective law deans. Otherwise silence will mean acquiescence and they will forever hold their peace.

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Today marks the feast of the Holy Guardian Angel, the patron of Ateneo Grade School students. And since we are already in the month of October, you will notice many Ateneans, including alumni, wearing a blue medal dubbed an “October medal” in honor of Our Lady of the Rosary.

In this regard, some attribute last Thursday’s “three-peat” championship of the Ateneo blue eagles to “Marian” intervention. Indeed, this year’s “Hail Mary squad” was not as formidable as last year’s and yet it was able to beat a more individually talented FEU team.

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“ A good friend is one of the nicest things you can have, and one of the best things you can be.”    — Douglas Pagels

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