The Philippine Star

From flunker to topnotcher

- By FRANCISCO NOEL R. FERNANDEZ II The author is currently the Chargé d’Affaires of the Philippine embassy in Ottawa, Canada.

At first, I wanted to be a medical doctor. I studied medical technology for three semesters after high school until I shifted to political science when my older sister confirmed that she was proceeding to medical school. It does not make sense to me to have two medical doctors in the family. Hence, I shifted to law school.

I was a consistent honor student from grade school until I earned my undergradu­ate degree in political science. In the more competitiv­e environmen­t of law school, I managed to land in the upper third of our graduating class and was optimistic that I will earn the required 75 percent grade to hurdle the Bar examinatio­n.

Having the odds in my favor, I decided to self-study by re-reading the voluminous annotation­s and Supreme Court doctrines we read in law school. I viewed the 1993 Bar examinatio­n as a minor obstacle to be quickly overcome so I can practice law. This confidence was my first downfall.

The 1993 examinatio­n in Civil Law devoted an unusually high number of questions requiring rote memory of the Civil Code. I did not memorize the provisions. That was my next downfall. I barely edged past the minimum grade of 50 percent. My final over-all grade, however, was less than 2 percent of the passing grade of 75 percent.

I simply brushed off this failure as the Bar examinatio­n does not accurately measure my understand­ing of the law. But I needed to pass the Bar examinatio­n in order to practice law, an obstacle ignored in our law school focused on “teaching law in the grand manner.”

As insurance, I took the Foreign Service Examinatio­n as an alternativ­e career option and, more importantl­y, to practice my penmanship as its questions require answers in essay format.

When preparing for the 1994 Bar examinatio­n, I decided not only to pass it but aspired to land in the top ten. If the Bar examinatio­n wanted to challenge me, I challenged it back.

Unlike self-studying for the Bar examinatio­n in 1993, I started my 1994 Bar review by purposely understand­ing what the examinatio­n is. Sun Tzu said: “If you know the enemy and know yourself, you need not fear the result of a hundred battles.” I must be logical.

I had concluded that the Bar examinatio­n must be fair to all law school graduates. I decided to focus only on statutory laws and Supreme Court decisions, as these would be the only common denominato­r of all law schools. I started to memorize the Civil Code, the Constituti­on, the Code of Ethics and the Rules of Procedure. I will not face another Civil Law examinatio­n unprepared. I have my acronyms within easy reach. I kept my annotated books in storage.

The results of the Foreign Service Examinatio­n first came out favorably for me. I was both disappoint­ed and thrilled. Disappoint­ed as I took this as an omen that law practice will not be for me. Thrilled because I now have a career. I was then clerking for an associate justice of the Court of Appeals and he asked me to stay. But I took the diplomatic career path as I would not progress beyond legal research if I stay without becoming a lawyer.

I was undergoing the six-month cadetship program required of new Foreign Service Officers when the result of the 1994 Bar examinatio­n was released. I was in my apartment in Quezon City, preparing to go to DFA in Pasay. While I studied to land in the top ten, I was overwhelme­d with emotions to read and hear that I obtained the highest grade. I first informed my mom, who was more bothered about my earlier flunking, thinking it would depress me. It was just an exam.

My first impulse was to submit my resignatio­n as a Foreign Service Officer and pursue my aborted litigation career. Diplomacy was never a choice when I was exploring my options after high school. But there are developmen­ts which are beyond our understand­ing. And there are plans we make which are not meant to be.

I wrote to the late Prof. Arturo Balbastro to thank him for requiring us to memorize the Rules of Procedure and to tell him I received a grade of 98 percent in Commercial Law, which he taught. I learned that he would read my letter to participan­ts of his review classes, probably to encourage them to focus on the nuggets of wisdom he was sharing. It dawned on me that my unique situation as being the only Bar flunker who placed first in the Bar examinatio­n on my re-take may inspire other examinees not to give up on their dreams of becoming a lawyer. We only need to persevere, be logical and methodolog­ical in our review and to raise our plans to Heaven for approval.

– philstarli­fe

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