Legal/Law


With Due Respect

By Artemio V. Panganiban
Philippine Daily Inquirer
First Posted 23:46:00 04/19/2008

MANILA, Philippines—Last Sunday, I commented on the dismal results of the 2007 bar exams. I said that it was high time the Supreme Court, the Philippine president and the law schools collaborated to produce better lawyers. “We concur,” chorused many readers. But the more pressing query of law students and reviewees for the 2008 test is “Can you give us tips on how to pass the 2008 tests?

Having taken the exams eons ago, I felt inadequate answering the question. Besides, I placed only sixth. So I called someone more qualified, 2005 topnotcher Joan de Venecia. In turn, she summoned help from two other numero unos, Arlene Maneja (2002) and Mercedita Ona (2007). Incidentally, Arlene comes from UST, Joan from UP and Mercedita from Ateneo de Manila. Here are their common tips.

Believe that you deserve to take the test. Forget the times you botched up a recitation or failed an exam. You’re past that. Believe that you have been allowed to sit for the bar because you have a fighting chance to pass it. Cultivate composure with that thought. You’ll need it.

Make time for serious self-evaluation. Have an honest assessment of the subjects you are good at, and those you feel you have an inadequate foundation on. If you sincerely believe that you do not have sufficient knowledge of a particular subject, accept it humbly and know that you still have a number of months to study for it. Adjust the number of days devoted to each subject according to the results of your self-assessment. A schedule is recommended to serve as a guide as to how many days you can allot for every subject.

Have a study plan and be realistic about it. At the start of the bar review, set aside all the materials you want to cover—all the books, reviewers and notes for each subject. Make it your guide and pace yourself. People without a plan either underestimate the workload or get swamped with available materials; either way, they don’t finish everything. So too, organize your review materials. Time is of the essence during the bar review. You cannot afford to waste time by looking for misplaced review materials. Maintain eight separate boxes or drawers for each of the subjects. This will help you sort through your materials and decide which to read during your pre-week.

Be realistic about your capabilities. People say they will “start afresh” during the bar review—study more, play less. That’s nice but it rarely happens. So, in setting a study plan, be kind to yourself. Give yourself time to attend review lectures, to wake up late, to be lazy, to go out and to have fun. The bar test is difficult enough without making yourself sick because of unrealistic expectations.

Do not compare yourself with other reviewees. We all have our own rhythm. Listen to yours. Bar preparation is an individual task. It is ultimately your understanding of the law and its varied nuances, not how many readings you do, or the laws that you memorize verbatim that makes the difference.

Be physically fit. Try to get regular exercise. Eat nourishing meals. Get enough sleep every day. Take vitamins and supplements. Manage your stress. Remember, all your efforts will be wasted when your body bogs down.

Use your time wisely. Sit in a review class or do personal reading? If you know the subject well enough, refresh yourself by attending review classes. If not, read up first. Review classes assume a certain level of knowledge and, without it, you’ll be lost during the discussion and waste valuable time. Know that you still have the pre-week review for all those “bar tips” that most reviewers give.

Abandon all emotional problems. Inform your family and friends about what you are going through in preparing for and in taking the exam. Ask for their understanding and support. The last thing you need is additional source of stress when preparing for the bar is draining enough. Avoid all distractions. Keep your focus.

Perfect your handwriting and grammar. Bar examiners have to go through thousands of exam booklets, and they are only human. As would any other normal person, they appreciate, and understand more, an answer that is at the very minimum, readable and logical. All three topnotchers have good handwriting, and believe that their passing, nay topping, the bar was in large part due to this. So, practice writing neatly, legibly and fast.

If you are a visual person write down your notes. This exercise will aid your quest for a beautiful penmanship, and help you retain the facts and the law that may be difficult to retrieve as you store more information in your brain bank.

Study smartly. Streamline. Codal provisions, a good reviewer for each subject and updates on jurisprudence should suffice. Master the basics. Understand the substance of the law and how to apply it to given situations. Recall legal provisions during your spare time. Listen to audio codals when you travel.

Ask for updates. Doctrines that you have studied in school may have already been overturned or modified by the Supreme Court or by Congress. Request your bar operations team to include abbreviated facts in the updates, because bar questions are often facts-based.

Pray. Pray. Pray.

A final reminder. There is no shortcut to passing the bar. If you want to pass on the first take, you have to put in the hours, and get yourself in the mood to study. Do not focus on things you cannot control (e.g., bar examiners, kinds of questions). Devote all your energies to studying and positive thinking. Good luck!

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According to some bar revew centers, there is. And they call it the Lex Pareto Notes, using the Pareto principle. Thanks to Atty. Zodiac and Atty. Pareto for contributing this info in the original Pinoylaw.com Message board.

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LEGAL ETHICS

Did you know that 34 % of the bar exams in legal ethics for the past 15 years, is taken from the Code of professional responsibility ?

Did you know that 78 % of the questions asked in the Code of Professional responsibility comes from Chapter 1 and Chapter 4 of said code ?

Did you know that out of 52 questions taken from the Rules of court, 29 are asked from RULE 138 for the past 15 years ?

Did you know that the “COMPLAINT” is the most favorite form asked in PRACTICAL EXERCISES, and that it has been asked for 20 times in the past 15 years ?

CRIMINAL LAW

Did you know that 77 % of the criminal law exam is taken from the revised penal code, 19 % from Special penal laws and other matters compose only 4 %

Observations on book 2 of the revised Penal code:

Book 2 has a total of 253 articles of which only 75 are asked (About 30 %)

These 75 Articles are asked 211 times

Out of the 211 times these articles were asked 178 (84 %) were taken from those articles that were asked at least twice.

The most asked crime was on murder, followed by homicide, estafa, robbery with violence against persons.

REMEDIAL LAW

GENERAL OBSERVATIONS ON QUESTIONS TAKEN FROM CIVIL PROCEDURE FOR THE PAST 15 YEARS:

1.) Civil procedure has 56 Rules. Out of these 56 Rules, 33 were asked.

2.) About 150 questions were taken out of these 33 Rules

3.) Of the 150 questions asked, 82 % were derived from only 14 Rules.

4.) These 14 Rules represents only 25 % of the total number of rules in Civil
procedure.

5.) The most asked article was on Rule 9 entitled “Effect of failure to plead” followed by Rule 6 “Pleadings”, Rule 3 “Parties to a civil action”, Rule 2 “Cause of action”, Rule 39 “Execution of judgment” and so on. It can be noticed that there is a very good reason why such rules were those that were frequently asked. These rules walks you to the process of a civil action. (Pleadings, parties, cause of action etc.)

CIVIL LAW

Did you know that the most asked book in the Civil law exam is Book 4 ? Book 4 (Obligations and contracts, Special contracts) consist of about 46 % of the exam in civil law ?

Did you know that 14 % of the questions asked in book 4 is about obligations ?

Did you know that 77 % of the questions taken from Book 1 are taken from the Family code ?

TAXATION

Income taxation, Remedies and General principles constitutes 85 % of the exam in taxation for the past 7 years.

MERCANTILE LAW

The corporation code, Negotiable instrument, Insurance code, securities regulation code, transportation laws, banking laws, maritime commerce and the civil code make up 85 % of the exams on mercantile law.
The other 15 % is composed of other special laws namely:

Asked more 9 times or more for the past 15 years:

– Intellectual property law
– Bulk sales law
– Insolvency law
– Chattel mortgage law
– Retail trade liberalization law

Asked less than 5 times for the past 15 years:

– Trust receipts law
– Letters of credit
– Anti-dummy act
– Flag law
– Electric power industry reform act
– Public service law
– Foreign investment act
– Investor’s lease act
– Constitution
– Other applied provisions of the code of commerce.

So what does the “Pareto principle” really mean ?

The 80/20 Rule means that in everything there is a “vital a few” (20 percent) that results in the “trivial many” (80 percent) For Pareto it meant 20 percent of the people owned 80 percent of the wealth. In Juran’s work he identified 20 percent of the defects causing 80 percent of the problems Project managers know that about 20 percent of the work consume 80 percent of time and resources. 80 percent of company sales will come from 20 percent of the sales people. 20 percent of the employee will cause 80 percent of the problems. The 80/20 Rule applies to almost anything, from management to science. So why can’t we apply it in preparations for the bar exam?

How can observing the Pareto principle in the bar exam help you ?

The value of the Pareto Principle for a bar candidate is that it reminds you where to focus your study on. Of all the laws that you have studied and read, only 20 percent really matter in the bar exams. Those 20 percent make up 80 percent of the bar exam questions. With this in mind a bar candidate should spend 80 % of his time studying the vital 20 %.

Some people say that we should not study hard but that we should study hard. Definitely that is true, however we should remember that it is more important to study smart on the right things.

Does the bar exam have a pattern ?

“Quantum mechanics is certainly imposing. But an inner voice tells me that it is not yet the real thing. The theory says a lot, but does not really bring us any closer to the secret of the Old One. I, at any rate, am convinced that He does not throw dice.” – Albert Einstein

Whether we agree or not, we live in a world of order. Our world follows a set of rules and principles. The sun and moon just does not rise and set randomly, it follows a certain pattern. Seasons goes through certain cycles. What goes up must come down, and for every action there is always an equal and opposite reaction.

Even how chaotic a system might be, there is always a certain “order” to it. Einstein’s quote above is often paraphrased as “God does not play dice with the universe”

To recognize the existence of such patterns and to make use of them will be certainly to our advantage.

In our study of law it cannot be denied that the preparations for the bar exams is given primordial concern. Preparing for the bar is not an easy task. Wouldn’t it be great if we would know in advance what particular article or subject area we should study? Is it even possible to know this?

The answer may be a yes or no. The science of probability and statistics is not an exact science. However it more or less gives us a general idea on things on what would be, though not what should be.

For this reason a group of lawyers and law students has developed a five volume reviewer for the bar exams called the “LEX PARETO NOTES”

What is the “Lex Pareto notes” and why call is called such ?

A famous bar reviewer once said, that only 25 % of the articles in the Civil code are going to be asked in the bar exams. The rest of the 75 % will never be asked or if they will be, they will seldom be asked. He quipped “Magiging ka tawa-tawa ang bar exam pag kinuha sa 75 % sa civil code ang mga questions.”

Prof. Abelardo Domondon, a very well known bar reviewer said that he topped the bar because he studied the previous bar exam questions and saw a “pattern” in the questions that are being asked. He even showed evidence concerning this matter.

This is what the Lex Pareto Notes is all about. The Lex Pareto Notes is based on the foundation laid down by Italian economist Vilfredo Pareto. If Pareto were alive today he could say that 20 % of the law are the questions that will most likely be asked in the bar exams, while approximately 80 % of it will rarely be asked or never asked at all.

Who is Pareto anyway ?

Vilfredo Pareto is an Italian economist. In 1906 he observed that twenty percent of the people owned eighty percent of the wealth. Through that he created a mathematical formula to describe the unequal distribution of wealth in his country. After Pareto made his observation and created his formula, many others observed similar phenomena in their own areas of expertise. In the late 1940s, Dr. Joseph M. Juran a quality management pioneer based in the U.S attributed the 80/20 Rule to Pareto, calling it Pareto’s Principle. Dr. Juran reduced this universal principle into writing and gave another term for it the “Vital few, trivial many” principle.

So what does the “Pareto principle” really mean ?

The 80/20 Rule means that in anything a few (20 percent) are vital and many (80 percent) are trivial. For Pareto it meant 20 percent of the people owned 80 percent of the wealth. In Juran’s work he identified 20 percent of the defects causing 80 percent of the problems Project managers know that about 20 percent of the work consume 80 percent of time and resources. 80 percent of company sales will come from 20 percent of the sales people. 20 percent of the employee will cause 80 percent of the problems. The 80/20 Rule applies to almost anything, from management to the science. So why can’t we apply it in preparations for the bar exam?

How can observing the Pareto principle in the bar exam help you ?

The value of the Pareto Principle for a bar candidate is that it reminds you where to focus your study on. Of all the laws that you have studied and read, only 20 percent really matter in the bar exams. Those 20 percent make up 80 percent of the bar exam questions. With this in mind, a bar candidate should spend 80 % of his time studying the vital 20 %.

Some people say that we should not study hard but that we should study hard. Definitely that is true, however we should remember that it is more important to study smart on the right things.

The five volume work contains, graphs, statistics on how many times a question has been asked on a particular article. It will point out the applicability of the Pareto law in the bar exam questions. It also discusses the doctrines that were asked in the bar exams. The first four volumes corresponds to the subjects that will be given for the 4 Sundays of the bar exams. Volume 1 will be on Political law and Labor law. Volume 2 will be on Civil law and TAXATION. Volume 3 will be about Mercantile law and Criminal law while Volume 4 will be on Remedial law and Legal Ethics and Practical exercises. Volume 5 will be all about bar questions from 1990 to 2006 and other information on bar preparations.

For more information on where to buy the LEX PARETO NOTES 2007 edition and other information check out their website at www.lexparetonotes.8m.com.

REFERENCE:

Pinoylaw.com Message Board

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It was 1994 when Internet came into Cagayan de Oro City. We have to dial-up to Xavier University.

That time, we were starting to build simple websites using notepad, and our favorite browser was Netscape 1.0.

In 1996, I joined a Telecoms company and there, with unlimited internet, i started to improve my website development skills. I built a fledgling intranet that got the attention of the President. Needless to say, in 2000, i was promoted to lead a ‘start-up’ group to build the company’s capability in developing commercial websites along the B2B and e-commerce concept.

Thus start the development of various of website projects (dating website, online HR portal, Online procurement system), and my baby: Pinoylaw.com.

I think it was the first domain name we registered under the company’s Internet Value-Added Services (IVAS) business, and the first domain to be hosted in our fledgling web server, other than our own corporate domain.

Birth Pains

The concept for Pinoylaw.com is to develop it into an online portal for Filipinos to access confidential/membership-only/minimal-fee legal advice. The problem is, the company does not want to pay royalty to lawyers who will serve as legal advisor, and there is the issue of how to accept payments online (No paypal then).

This ambivalence from the company stymied the progress of Pinoylaw.com

A month after and still no support, i decided to adopt Pinoylaw.com and turn it into a ‘legal information’ website, linking other sites with Philippine law-related articles, and some worldwide law-related information/trivia. Too busy with other projects and Law school, i just made Pinoylaw.com a ‘repository’ of links to all legal sites i can find in the internet.

I created the first logo in a hurry using a Microsoft clipart. (Unfortunately, i do not have with me the original logo.)

Then i started a web campaign for cross-linking with other websites, especially Philippine schools. I think Silliman University was the first to accept the link using the original logo. I also registered Pinoylaw.com in various search engines, but i put my campaign efforts with Yahoo and Google.

However, in 2002, the company underwent another change in management that put a stop to our web projects. By then, Pinoylaw.com is due to expire from the company’s charge, so i used my own credit card to renew the domain and acquire ownership.

I still did not pursue commercialization of the website since i haven’t made up my mind whether I will join the web-biz bandwagon or remain a hobbyist. I choose the latter. And so Pinoylaw.com remained ads-free and I have to renew it yearly.

I badly wanted a new logo but my in-house graphics designer couldn’t give me a desirable logo. Finally, by stroke of luck, i met a professional computer-based graphics artist named Melvin (he is now in Oman). He wanted to get an internet connection and would like us to host his propose website. I told Melvin about ‘my’ own website and the need for professional logo. He said he will make one for me. And sure he did.

I made a redesign of the front page of Pinoylaw.com to introduce the new logo. And finally, the new Pinoylaw.com:

Pinoylaw.com – “Your Window to Philippine Legal Information and Solutions

Description: “A Philippine-based website offering free legal advice online and vast links to Philippine law information.”

Pro-bono lawyers

Then i met Atty. Francis Ku, a young lawyer in CDO who also served us the company’s retainer legal consultant. I told Atty. Ku about my desire to provide ‘free’ legal assistance online using Pinoylaw.com. Atty. Ku agreed to do pro-bono legal advice for Pinoylaw.com.

I am not sure if we are the first website to offer such free legal advice online. But we surely are the first to give a confidential legal advice.

After Atty Ku, other lawyers actually applied to provide pro-bono services. One lawyer was from a prominent Makati-based law firm who once served as Mercantile Law examiner in 2004 (I think) Bar exam. There was also a lady corporate lawyer from a big bank base in its Makati main mffice. Another volunteer lawyer came from Quezon Province. Our company’s junior lawyer in Makati also briefly served Pinoylaw.com.

But it was Atty. Ku who stuck it out with Pinoylaw.com till I lost the website. The success of the free legal advice in the website could have not been possible if not for the pro-bono services of Atty. Ku. My million thanks to him.

I sent a letter to the webmaster of the Supreme Court website recommending a letter of commendation for Atty Ku. But I guess it was lost in the jumble of emails there.

Free legal advice

The free legal advice portion of the website was its biggest draw. We averaged 9 posts a day, but our highest was 15 posts in a day. 60% of the queries/requests for legal advice fell under Marriage and Family relations (separation, annulment, inheritance, paternity).

It was quite astonishing how many Filipino couples wanted to end their marriage for a variety of reasons. I think the underlying message of these distressed couples is that it is better to annul the marriage and separate rather than hurt each other and the children by continuing to live together.

Plenty of queries also for criminal cases (inc. BP 22, credit card, estafa), Civil cases (damages, contracts), Real Estate (esp. partition, lease, sale, rent law), labor & employment, and commercial law issues.

Majority of those who registered in Pinoylaw.com came from Metro Manila. But there is also large number of inquiries from overseas Filipinos, especially on marital, property, and finance-related cases.

Message Board

Since my development team has been disbanded the following year, I was force to create a Pinoylaw.com discussion board from a free provider in the internet. This message board remained active till these days, although a hacking attack on the provider’s server cause much of pinoylaw.com’s discussions to disappear (wiped-out) including the banner logo. http://p082.ezboard.com/bpinoylaw74510

Unfortunately, I forgot the admin log-in and access and now the message board is being spammed mercilessly.

Recognition

There was one time Pinoylaw.com was nominated for Philippine Webby Awards.

Also, Pinoylaw.com was featured in Philippine Star Online.

Notable Links from the Supreme Court website (prior to recent design) and Silliman University.

I also got email from Filipinos, home and abroad, thanking the website for the free legal advice service.

In Memoriam

In May 2006, in my quest to become an overseas worker, I totally forgot to renew Pinoylaw.com, and promptly, an American domain hijacker took over and registered the domain name in his name.

I had the chance last March 24, 2008, but the guy beat me to it to register the site:

WHOIS result:

Domain servers in listed order:

NS1.REVENUEDIRECT.COM
NS2.REVENUEDIRECT.COM

Record created on: 2000-03-24 01:45:58.0
Database last updated on: 2008-03-14 21:01:30.927
Domain Expires on: 2009-03-24 01:45:58.0

Registry Status: clientDeleteProhibited
Registry Status: clientTransferProhibited
Registry Status: clientUpdateProhibited

I guess I will never regain the domain name back. I am thinking of creating a new domain to serve same purpose.

Even though Pinoylaw.com never attained commercial success, but the fact that it was able to provide adequate legal advices to Filipinos, home and abroad, was already a success story for me.

REFERENCES:

 If you search for ‘pinoylaw.com’ in Google, it will give you the following selected links: 

http://p082.ezboard.com/bpinoylaw74510 

http://www.paralegalgateway.com/lawyerjokes.html

http://www.alllaw.com/international/http://www.pinoysites.org/phil529.htm

http://www.filipinolinks.com/Society/Legal_Resources/more3.html

http://www.washlaw.edu/forint/asia/philippine.html

http://www.gov.ph/forum/thread.asp?rootID=57849&catID=9http://www.library.usyd.edu.au/libraries/law/lig_primary.html

http://www.philippines.com.au/cgi-bin/global/tseekdir.cgi?location=Root-Government_and_Politics-Philippine_Laws&st=15&nd=20 

http://www.gov.ph/forum/thread.asp?rootID=8078&catID=9http://www.alleba.com/Government/Law/ 

http://www.hanappinoy.com/philippines/pinoy/9.html

http://www.yehey.com/search/categories.aspx?c=811

http://find.yuku.com/find/communities?q=+legal

http://www.pinoysites.org/phil40.htm

http://www.pinoymoneytalk.com/forum/archive.php?Saang+forum+ka+pa+member%3F/3642 

http://find.yuku.com/find/communities?q=+legal    

2007 Bar Exams News and Bar Exams-related stories: 

http://www.supremecourt.gov.ph/news/courtnews%20flash/2008/03/03290801.php

http://newsinfo.inquirer.net/inquirerheadlines/nation/view/20080330-127231/I-just-wanted-to-pass-says-bar-topnotcher

http://newsinfo.inquirer.net/breakingnews/nation/view/20080329-127171/Regalados-967-remains-unsurpassed-in-RP-bar-exams-history 

http://newsinfo.inquirer.net/breakingnews/nation/view/20080329-127168/First-bar-exam-in-RP-held-in-1901-with-13-test-takers