Lawyers’ Assumed Skills

for the Bar Exam

Indubitably, lawyers in legal profession have mastered the skills of

knowing and providing resolutions for legal disputes.

The law students should replicate these lawyers’ assumed skills in

answering the Bar Exam, which is similar to the real-life cases of
lawyers.

In the similar way, law students should know the legal disputes in
the form of the Bar Exam-Questions, and then to provide the resolutions,
as answers for those questions.

If they possess these skills, they have more opportunity to succeed

in the Bar Exam.

However, those lawyers’ assumed skills are not easy to attain and
can be attained only by the students or examinees, as the case may be,
by developing these three (3) attributes.

1. Basic knowledge of the law

There is no person, who is born as a prodigy of law. He is not a

lawyer by birth that has already the basic knowledge of the codal
provisions, rules, regulations, procedures, and case laws rendered by the
Supreme Court.

This is the very reason, why every law student should study to
know the law.

The law can be known basically to students, if they read it with

comprehension.

Reading with comprehension does not mean doing it once, because

the law is difficult to comprehend outright. So, the students should do
these repeatedly as much as they can, until they fully comprehend the
law.

The students comprehend the law if they learn what, when, where
why and how, they should apply it.

Also, the students should remember the law.

However, mere remembrance without its comprehension is inutile.

The Bar Exam is not an occasion, when they merely provide what
they remember, but it is intended to assess how well they know the law.

On these notes, the basic knowledge of the law should be the

primary attribute of a law student or a bar examinee.

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 The importance of this attribute can be illustrated in the sample
2019 Bar Exam in Legal Ethics, quoted as follows:

Atty. A, a duly licensed notary public, has maintained

several notarial registers in his separate offices in order to
cater to the needs of his clients and accommodate their
growing number. Due to Atty. A's busy schedule, Atty. A's
secretary would usually perform the notarial acts on his
behalf.

Sometime in April 2017, Mrs. B, an Overseas Filipino

Worker staying in Singapore, sought the legal services of Atty.
A for the nullification of her marriage. Consequently, Atty. A
drafted a petition with verification which was sent from his
law office in Manila to Singapore for the signature of Mrs. B,
who, after signing the same, sent it back to Atty. A. When the
document arrived in Atty. A's office, his secretary, as per
usual practice, notarized the signed document upon Atty. A's
instruction.

(a) Name at least two (2) violations of the Rules on Notarial

Practice committed by Atty. A. (3%)

(b) May Atty. A be also held liable under the Code of

Professional Responsibility for the same infractions
committed by him as a notary public? Explain. (2%)

(c) What does the phrase ‘competent evidence of identity’ refer

to under the Rules on Notarial Practice? (3%)

In the given facts and questions, the student or the examinee

should know the applicable laws namely the Rules on Notarial Practice
and the Code of Professional Responsibility.

He may know about the basics of those laws, if he really

comprehends them.

He should at least know that in the Rules of Notarial Practice, it is

required that the affiant should personally subscribe and sworn the
affidavit before the presence of a notary public and that the latter should
certify these facts in the jurat or the affidavit per se. Also, he should
know that the rules refer to “competent evidence of identity” as any valid
identification card like driver’s license, employment I.D., passport, and
etc., which may sufficiently prove the identity of an affiant or a party in
any document.

On the other hand, he should remember that under the Code of

Professional Responsibility, the lawyers should obey all the laws of the
Philippines and promote respect for law and legal processes.

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 Those matters are too basics, which he ought to know and
remember.

Knowing these laws, he can formulate his answers correctly if not

sufficiently. At least, he may give answers like a lawyer, who is merely
expected to have the basic knowledge of the law.

He may not provide the exact wordings of the law or cite the
specific provisions of the law for the questions, but somehow he may
show to the examiner that he basically knows the law about notarial
practice and legal profession. And most of the examiners do appreciate
this.

Now, it is clear, how basic knowledge of the law works in the Bar
Exam.

So, the students or the examinees should endeavor to the have

basic knowledge of the law, as early as their days in law schools.

After all, it is better to have basic knowledge than nothing at all.

2. Ability to know the reference for the facts of the case

When the students or the examinees attain the basic knowledge of

the law, it follows that they can have the ability to know the reference for
the facts of the case.

This ability is the result of one’s comprehension of the law.

Their basic knowledge of the law can provide the point of reference,
necessary for the analysis of the given facts of the case.

By having a point of reference, they can determine what, when,

where, which, and how the law can be applied.

Thus, they can efficiently resolve the issues involved in the case.

When they can do these, it only shows that they really know the
law.

Since the Bar Exam consists of cases involving legal issues, the
ability to know the reference for the facts of the case is another attribute,
which the students or bar examinees should possess.

The importance of this particular attribute may be further explained

in the sample case given in the 2019 Bar Exam for Civil Law. Please take
note that the questions are not included. Assuming also that his case is
not given in the Civil Law. To wit:

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 In January 2018, Mrs. A, a married woman on her
sixth (6th) month of pregnancy, was crossing a street when
she was suddenly hit by a car being recklessly driven by Mr.
X. As a result, Mrs. A sustained serious injuries and further,
suffered an unintentional abortion. Mrs. A was hospitalized
for two (2) months, during which she incurred ₱400,000.00
in medical fees. Her expenses were all duly substantiated by
official receipts. During the two (2)-month period of her
confinement, she was unable to report for work and earn
any salary, which was established at the rate of ₱50,000.00
per month. Mrs. A then filed a civil case for damages against
Mr. X.

In the given facts of the case, the law student or the examinee
should ask himself of this question: What law or laws should be applied?

In order to answer this question, he must possess the ability to

know the reference for the facts of the case.

Basically, he should know that substantive and procedural laws

are always involved in every case.

With this basic knowledge, he may limit his point of reference by

determining the specific substantive and/or procedural laws applicable
namely the Revised Penal Code, Civil Code, and the Rules on Civil
Procedure.

The Revised Penal Code may be a reference, because the facts

speak about the criminal act of Mr. X. The latter committed reckless
imprudence which resulted in the serious physical injuries of Mrs. A and
the unintentional abortion of the fetus on her womb.

The Civil Code, because the facts speak about the damages
sustained by Mrs. A and possible obligations of Mr. X.s

The Civil Procedure, because in the facts, Mrs. A filed a civil case
against Mr. X.

Since the facts specifically pertain to the civil case for damages, he
may finally decide that he should only apply the Civil Code.

The Civil Code should only be his point of reference for the given
facts. Nevertheless, he should still go into the details of the case. He may
refer specifically to the provisions on torts, obligations, and damages. He
may include additional reference under the Civil Code, like the provisions
on human relations and civil personality, because the facts also speak
about the death of an unborn fetus.

There is a bright possibility that he can determine and then

resolved the legal issues involved in the case, because he has the ability
to know these references.

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 If he can do these, rest assured that he has the edge of succeeding
from the hurdle of the Bar Exam.

However, the sad reality is that most of the students or the

examinees do not have the basic knowledge of the law, which gravely
affects their ability to know the reference for the facts of the case.

As if they were asked about the facts pertaining to the Labor Law,
they instead give an answer coming from the Criminal Law. These are
common reasons, as to why they end up failing the Bar Exam or even law
schools.

So the law students and the Bar examinees should strive more to
know the law, in order to have the ability to know the reference for the
facts of the case.

After all, ability can make a person to succeed.

3. Ability to interrelate the laws with one another

As the case involves legal issues, which require resolution, the law
students or the bar examinees should have the ability to know the issues
and to provide the resolution for those issues.

The ability to interrelate the laws with one another is the other
result of one’s full comprehension of the law.

The law students or the Bar examinees may only attain this
attribute after some time and thru the years of experience and study of
law.

For example, it is not enough for them to know that under the Law
on Obligations and Contracts, the creditor has the right to demand and
collect the payment of the loan from the debtor. Although the solution is
there “to collect it from the debtor,” it is unstated in the same law the
procedure of doing it. That is why, it is also important for them to know
how it can be collected. They should know the applicable procedural law,
which may provide the process of enforcing the right of the creditor
against the debtor.

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