I write to inform of you of the Supreme Court’s stated plans in respect of the conduct of the “2011 Bar Examinations and Beyond”.
I. The matters set out below are important if you: a) Are a law student - 1st Sem SY 2010-2011 “and beyond”; and b) Intend to take the bar examinations next year or later.
Associate Justice Roberto Abad is the Chairman for the 2011 Bar Examinations; and the Supreme Court has approved substantial changes to the exam coverage [substantive element]; the format and methodolgy of testing; and the disqualification and passing scores.
Cautionary note. This letter represents my understanding of the events, as they unfolded, as of July 31, 2010. There may be amendments and changes in the future; and, I may have missed out on some other important points. This should be read with caution (abundante ad cautelam), and awareness of impact of future developments on the subject.
A. Fundamental Premise.
1. Testing aims to measure a law student’s competency to engage in the “basic or beginning” practice of law ONLY [neither esoteric nor specialized; not the competency of a law expert or seasoned lawyer; and minimize unreasonable and unduly difficult questions].
2.The present testing process does not accurately gauge the examinees’ knowledge of the law [knowledge/memory; understanding; and analytical skills & application of law principles].
3. A new method (Multiple Choice Question - Choose Correct Answer) and a substantial modification of the essay part of the examination, will be introduced, beginning the 2011 Bar Examinations.
B. Plan Impacts 4th Year Law Students; Preparatory Standpoint.
For the law student - particularly those who will be taking the Bar Examinations in 2011 and later - the preparation and adaption to the planned new method MUST begin NOW.
The need to understand, and be familiar with, the new system including that of “exam taking” is an urgent matter for the 4th Year Law Student [YOU].
Familiarity and understanding will go a long way towards preparation.
C.The Supreme Court’s Plan.
1. Shift In Subject or Substantive Coverage. Within the nominal subject headings [Political Law, Civil Law, Criminal Law, Mercantile Law, Taxation, Remedial Law, Legal Ethics and Practical Exercises etc], SPECIFIC topics, sub-topics, etc. will be identified for inclusion [and other “areas” excluded], based on the objective of “testing required to determine the basic, minimum ability and competence of a law graduate to engage in the practice of law.”
In practical terms, this will mean LESS subject coverage and MORE focused preparation for the examinations.
2. New/Modified Methodology of Exams. The introduction of Multiple Choice Question (MCQ) format and a modified essay testing.
2.1. Multiple Choice Question Format (MCQ).
2.1.1. There may be 100 MCQ questions per subject [Political Law, Civil Law, etc].
For example. Choose the correct answer (Note: Your exam paper will carry “boxes to check” alongside the selection; no explanation required. You may even guess, if you are not sure of the answer [25% probability]; Only four selections, one of which is the correct answer and the others are called “distractors”.)
“Sonny, a Filipino Citizen, obtained divorce in Canada from his wife, Lulu, also a Filipino Citizen. Is the divorce valid and binding?
It is not, since Philippine Law binds Filipinos abroad and it does not permit divorce.
It is, since Philippine Law does not operate in Canada.
It is not, since Philippine Law is recognized in Canada.
It is, since international law demands local recognition of foreign acts.”
Of the 100 MCQs questions, 20 will be based on “Knowledge and Recall”; 40 on “Understanding” and the other 40 based on “Analysis and Solution”.
2.1.2. The MCQ phase will be administered ahead of the Essay Type Exam. Since it is an MCQ examination, this can be “machine checked” similar to the MCQ tests which the Professional Regulatory Commission administer for the different professions. Results are known in a few days (a week or less).
2.1.3. Disqualification Score. An MCQ score below 50% in any One (or Two) subjects, will result into the disqualification of the examinee. This examinee will not qualify for the 2nd phase of the examination i.e., the essay portion [to be given later].
2.1.4. Weight Distribution. 60% - for MCQ with no score lower than 50 in 1 (or 2) of the subjects; 40% for the Essay Phase.
2.2. Essay Test Format. The aim of the test is to measure your (examinee’s) ability to practice basic law [lawyering skills]. A legal situation and set of facts [inclusive of relevant and irrelevant] will be presented to you for analysis and study. You will then be asked to prepare a paper [for example, trial memorandum] highlighting the following:
2.2.1. Relevant facts;
2.2.2. Summary of conflicting claims of the parties;
2.2.3. Issues on which the resolution of the dispute will depend;
2.2.4. The arguments for the opposing side and those for your side [whichever side you may have chosen to prosecute or defend]; and,
2.2.5. Relief [prayer] you want.
2.3. Grade criteria for Essay Exam.
Communication skills - 20%
Sorting out conflicting claims and facts [relevant v. non-relevant] - 15%
Identification of issues - 15%
Construction and persuasiveness of arguments/position taken - 50%
D. Effectivity of New Bar Exam Rules And Changes.
Unless the Supreme Court changes its mind between now and 2011, the changes to the bar examinations should take place come 2011.
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