Saturday, December 19, 2009

Fake Lawyers Courtesy Of The 2007 Bar Exam ?

By Zigfred Diaz

As I was visiting the Southwestern University (SWU) Cebu City Philippines, School of Law alumni association friendster group, I came across a very interesting topic in the discussion board. This interesting topic reads "2007 Bar exam produced unreal lawyers."

Curious, I click on the post and it contained a link to a forum where a heated discussion was going on about the allegedly fake lawyers, courtesy of the 2007 Bar Exam. I gave an argument in the SWU Alumni Association Friendster group in response to his statement stating why I think he has erred in concluding that the 2007 bar exam passers are fake lawyers. Below is my answer:

Frankly, the topic starter did not only show his idiotic side but also his ignorance when he implied that the 2007 Bar exam Passers are phonies. For the information of the readers, I am not a 2007 Bar Exam passer.

This person's argument is based on the major premise that "Under the Rules of Court, a bar examinee is deemed to have passed if he obtains a general average of 75 percent in all subjects without falling below 50 percent in any subject."

Then using the Bar Committee's decision to lower the passing rate from 75 percent to 70 percent and also its decision to lower the disqualification rate on Labor and Civil Law from 50 to 45 percent, he formed his minor premise.

He then implied stating, "Due to these considerations, I conclude that the 2007 bar exam passers are phonies because they were not able to completely satisfy the requirements as stated by the Rules of Court."

Such a show of ignorance! This individual based his conclusion on the premise that the Rules of Court are cannot be changed. This individual failed to consider the 1987 constitution, mainly Article VIII, Sec. 5 subpar. 5, which says "The Supreme Court shall have the following powers . . . Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts, THE ADMISSION TO THE PRACTICE OF LAW, the integrated bar . . . "

In layman's term, the Supreme Court has the power to decide on who will be qualify to the bar. The Supreme Court's action in lowering the passing rate of the 2007 bar exam remains correct and it is within the scope of what is mandated by the Constitution. Letifico ut idots (Cheers to idiots)

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