Questions that may be asked in the Bar exams
This year’s Bar examinations, as usual, will be held on four Sundays covering eight subjects and shall be held in the country’s oldest school campus, the University of Sto. Tomas. There will be more than 8,000 candidates who shall compete for the expected passing rate ranging from a low of 20% to a high of 35%. My prediction is 30% or only 2,400 out of 8,000 hopefuls. The Bar examinations this year will start on November 4 with Political Law in the morning and Labor Law in the afternoon. On November 11, the barristers shall tackle Civil Law in the morning and Taxation in the afternoon. On November 18, they shall hurdle Mercantile or Commercial Law in the morning and Criminal Law in the afternoon. On the last Sunday, the examinees shall face the most difficult subject of Remedial Law in the morning and Legal Ethics and Practical Exercises in the afternoon.
If I were the examiner in Political Law, I will give a problem concerning the case of Senator Trillanes, on the question of presidential declaration of nullity of the amnesty granted to someone accused of rebellion by a former president. The issue there is the validity of an incumbent president’s act of issuing an executive proclamation, declaring the amnesty given by his predecessor as null and void, or as not having taken effect because some conditions were not fully complied with. I would also ask a question about the eligibility of Senator Koko Pimentel to run again despite the fact that he already served twice in the Senate. I would ask candidates to distinguish between “tenure” and “term.” I would also ask if the GMA precedent applies to Pimentel. Remember GMA took over Erap’s remaining four years then served for six years in her own term? Would that apply to Koko Pimentel?
In Labor Law, I will ask about illegal recruitment and will require the barristers to explain what is the justification for Philippine laws protecting workers being made to apply abroad, beyond our territorial jurisdiction. I would ask about those provisions of the Migrant Workers’ Act or the Magna Carta for OFWs which limits the backwages of illegally dismissed OFWs to only three months, and ask the candidates to explain how the Supreme Court en banc in two cases annulled such provisions as a blatant violation of the equal protection clause. I would also ask questions on contractualization, whether or not the DOLE secretary can validly compel regular employees of service contractors to absorb their employees. I would require them to explain how the police power of the state can collide with the inherent property rights and management prerogatives of the employer.
In Labor Law, I will ask candidates to explain the procedures in resolving issues concerning wage distortions in both unionized and non-unionized companies. I will ask one question about how a temporary total disability can ripen into permanent total disability in cases of work-related diseases and work-connected accidents causing disability of seafarers. Then I will ask one question about the portability law; a private sector executive with 10 years employment in a multinational decides to run for governor or mayor, when he retires could his SSS membership tenure be fully added to his GSIS tenure under the principle of portability? In labor relations, I will have many questions on unions, collective bargaining, unfair labor practices, and strikes.
Of course, there will be a number of questions on illegal dismissal based on offenses related to drugs, social media, and sexual harassment. Then labor procedures including jurisdiction, remedies, and other procedural issues concerning employers and employees. The Bar candidates should prepare well. This year’s chairman, Justice Mariano del Castillo is “mabait pero ‘mahigpit.” I wish the barristers good luck. I can imagine how hard it is to become a member of the Bar.
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