Some secrets for effective Bar examinations
This November, some 7,000 Law graduates from all over the country shall take the dreaded Bar examinations. If the standard 20 percent passing rate prevails, only about 1,400 shall pass. It is unfortunate especially to Law graduates from the provinces, working students, and those who are married and working at the same time. I will share some secrets based on actual experience. In 1974, I took the Bar without taking preBar review classes (then all held in Manila). I reviewed on my own in Langin, Ronda, and by the seaside in Dumanjug. The tenth placer got 85 percent that year, I got 84.93 percent. How did I do it?
First, I had a very good Law school, the Gullas Law School, and excellent professors. What we lacked in books, facilities, and learning tools, we more than made up for with focus, concentration and disciplined review schedules. Second, I developed a very strong command of English. Since Bar exams are all essay, my grammar was alright, syntax correct, and spelling and penmanship impeccable. Third, all my answers followed the rules of logic. The law is my major premise. The facts are my minor premise. Then I make logical conclusions. All my answers were based on a provision of law and/or with established jurisprudence and legal doctrines.
For example, here is a Bar question: Madam X, a registered nurse with ABC Medical Center was caught by a guard in unauthorized possession of hospital supplies. She could not present any duly-approved gate pass. She was reported, investigated, and dismissed for violation of hospital policies, breach of trust, serious misconduct, and willful disobedience of management's orders. She filed a case of illegal dismissal and alleged that there no damage to the hospital and it was her first offense after 10 years of service. You are the Labor Arbiter. Is the defense tenable? Was the dismissal legal? Explain.
The answer should be no, the defense presented was not tenable. Yes, the dismissal was legal. Based on Article 297, it constitutes fraud and breach of trust and is a just cause for dismissal. Based on the ruling of the Supreme Court in the case of St. Lukes Medical Center vs. Sanchez and NLRC, the act violates her employer's order (hospital policies), and justified her dismissal. The defense of no damage is not acceptable because trust was breached. The defense of first offense after 10 years of service is not acceptable either because long years in service is considered aggravating, not mitigating.
I hope Bar examinees from Cebu who need help will have time to contact me through my email address. I am willing to help working students, married ones, and those from the Visayas and Mindanao. Metro Manila and Luzon examinees already have all the advantages. I just want to level the playing field.