Chitika

lördag 19 december 2009

Fake Lawyers Courtesy Of The 2007 Bar Exam ?

By Zigfred Diaz

One day I came across a topic in the Southwestern University (SWU) Cebu City Philippines, School of Law alumni association Friendster group. The topic I am referring to reads "2007 Bar exam Passers are Fake 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 unknown topic starter started his argument with 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."

And his Minor premise also states that "The passing rate was adjusted from the traditional 75 percent to 70 percent last 2007. Because of this, the Bar Committee then lowered the disqualification rate on Labor and Civil Law from 50 to 45 percent.

Using those two premises, he formed the impression, "Therefore, on the grounds that they 2007 bar exam passers did not fulfill the standards set by the Rules of Court, the 2007 Bar Exam produced unreal lawyers."

Such an erroneous and stupid reasoning! He arrived with that conclusion thinking that the Rules of Court are fixed. He forgot that the 1987 constitution, particularly Article VIII, Sec. 5 subpar. 5 states that "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 . . . "

To make it more clearer, the Supreme Court, under the 1987 Constitution, has been given the authority to decide who will be accepted to the bar. The move of the Supreme Court to lower the qualifying rate of the 2007 Bar exam is alright, since it is within the scope of the powers mandated by the Constitution. Letifico ut idots (Cheers to idiots)

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