The Bar Exams

Last May to October 2016, I had the privilege of reviewing for the Bar exams in Jurists Bar Exam Review Center in Manila, and finally taking the Bar Exams on November.

Everyone knows that the most prestigious exam in the country is the Bar examinations. It occurs once a year and almost seven thousand hopefuls pass the gates of the University of Sto. Tomas.

The results came out this May 2017. I failed (emphasis supplied). It was very heartbreaking. My feelings were uncontrolled. I kept myself composed in the office not wanting to be seen crying by everyone there. I still could not sleep well at night. I still refuse to eat food that I associate with the Bar exams.

I am writing this because aside from the emotional roller coaster ride that I have been on, it has also severely affected me mentally.

The emotional and mental struggle that I have been on manifested through my physical appearance and behavior. Take for example a social person like me shying away from the hustle and bustle of the city. I have also shied away from friends because I really did not want to be consoled (in addition to getting ignored when I congratulated everyone who passed).

Today I feel so irrelevant to people. I feel so forgotten. But despite all that, there were people who broke barriers to be with me. They cried with me. Never have I been so touched by the overwhelming love of my family, and my best friend.

To date, this has been my greatest failure and yet my greatest win in life. I have realized so many things, I matured a bit and I have spent time on myself.

I’d still try to get the license, I’d still be hopeful, I’d still look back and reflect where I went wrong last year in hope of correcting my mistakes. I’d still aim to tighten my grip on my studies.

If after all these efforts I still do not make it, I’m sure I have a new world waiting for me.

The Bar exams knocked me down but I will not allow it to cloud my future. Destiny has its way of bringing me right where I am supposed to be.

xx

Riva

3 day stay at Manila

I’ll be posting photos of my 3 day Manila stay for the 2015 Bar Operations.

To start with, the Bar Operations is conducted yearly by our school to support our Bar examinees held previously at October every year, and now November because of the academic calendar shift. The Bar Examinations take place each Sunday of Octoberpreviously, and now November. The barristers will be back eveey Sunday to take the exam. Each Sunday is a different exam.

Over the years, it has been said that the Bar Exam is the hardest exam held in Philippines. As they say, many are called but few are chosen. A few only pass the Bar Exams.

So here are our photos.

Day 1. Pre-Bar Operations.

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This photo was taken before we flew to Manila. Everyone was excited because participating in the Bar operations meant knowing how it will be like when someone takes the Bar exams.  So yes, from the noisy streets filled with supporters of different law schools to waiting till the end of the Examination day.

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I took a selfie in the quiet and creepy corridors of Great Eastern Hotel where we were billeted.

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Day 2. Bar Operations

And another selfie past midnight in the Makati office of our dear Cong. Martin Romualdez who is also the Dean of DVOREF College of Law while waitin for the photocopying machine to finish its job and for me to start stapling papers. Selfie taken because I was in awe with the shelves of Supreme Court Reports Annotated.

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I did try my best to tuck my stomach in while this photo was taken. 😂😂

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Someone was with me from 7.30pm to 2am. I went inside the office on November 14 and I went out on November 15. Well, this man here is Arvin and yes, he is a volunteer Bar Operator. He was with me through it all. I was so tired and he kept me company. We both lacked sleep but we still finished our assigned tasks together. Thanks, love.

Day 3. Bar Exam Day

Arvin and I returned to the hotel at around 2am and had to sleep to wake up in 2 hours. Well, for the tiresome night we were given 2hrs and 30 mins. Ha! Extended. Yes!

With the lack of sleep, I was really groggy and was yawning all the time. Arvin and I parted ways because I was assigned for sending the examinees to the examination venue and he wanted his sleep. Well…

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The barristers in the bus silently reading the last minute bar tips sent by other law schools. I even distributed bar materials during the short trip from the hotel to the exam venue. I was holding on for my dear life- you know, sudden stepping on the brakes.

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Busy barristers flocking from university buses to the gates of University of Santo Tomas which is the exam venue and to which heightened security is felt.

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Luch girls assigned for manning the distribution of lunch boxes for the barristers and tending to their needs. I love the Zinger from KFC and I still cannot move on.

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After tending to the barristers’ lunch, we also had our fair share of Zinger and crispy chicken from KFC. Yaaay for the selfie people! ❤❤

The rest stayed until end of the Bar exams but I went to Trinoma for my Sunnies which has veen a goal for me every since leaving Tacloban City.

After Trinoma, I went back to the hotel together with ❤ and then upon seeing that no one was there yet, love and I proceeded to Pizza Hut. Good thing dearest friends notified me of the plan to have dinner at Fisher Mall, so love and I walked from the hotel to the mall.

So according to Google Maps it is a 16-minute walk going to the Mall but apparently it was not because we were slowed by fast moving cars to avoid being hit and also it felt like forever on the road.

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Pizza Hut dinner. I love Pizza Hut. I love their White Sauce Pasta. Gaaaaah!! Gastronomic indulgence it is!

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So when love and I arrived at the mall this really caught my attention. I love Christmas decor. I love lights! I told love that I want the Ayala lights video sento me when he visits Ayala after office. He said yes!! Yay!!

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The Funko Pop store!! Love gave me a Dr. Sheldon Cooper Funko Pop and at the store they had Dr. Amy Farah Fowler and Howard Wolowitz. I wanted to buy one but money is so hard!! :(( I guess I will be waiting for next time.

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Ahhhh and this happy treat for the tired Riva. Happy Cheesecake day to me..

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And so there goes my 3 days. Ahhhhh life, thank you!

UNIVERSITY OF THE PHILIPPINES, JOSE V. ABUEVA, RAUL P. DE GUZMAN, RUBEN P. ASPIRAS, EMMANUEL P. BELLO, WILFREDO P. DAVID, CASIANO S. ABRIGO, and JOSEFINA R. LICUANAN,Petitioners, vs. HON. AGUSTIN S. DIZON, his capacity as Presiding Judge of the Regional Trial Court of Quezon City, Branch 80, STERN BUILDERS, INC., and SERVILLANO DELA CRUZ, Respondents.

G.R. No. 171182               August 23, 2012

FACTS:

  • On August 30, 1990, the UP, through its then President Jose V. Abueva, entered into a General Construction Agreement with respondent Stern Builders Corporation (Stern Builders), represented by its President and General Manager Servillano dela Cruz, for the construction of the extension building and the renovation of the College of Arts and Sciences Building in the campus of the University of the Philippines in Los Baños (UPLB).
  • Stern Builders submitted three (3) progress billings for the work accomplished but the University of the Philippines (the UP) failed to pay the third billing (P273,729.47) because of the disallowance of the Commission on Audit (COA). After the lift of the disallowance by COA, the UP still failed to pay the third billing.
  • A civil case was filed with the RTC of Quezon City, and such case was decided in favor of Stern Builders. The UP filed a Motion for Reconsideration but was denied by the RTC.
  • The UP filed a notice of appeal but the Stern Builders opposed such appeal on the ground that the appeal was filed belatedly. The RTC denied the notice of appeal of the UP and granted the Motion for Execution filed by the Stern Builders.
  • The Writ of Execution and Notice of Demand was served by the Sherriff. The UP then filed an urgent Motion to Reconsider the Notice of Appeal with the RTC but was also denied.
  • On June 24, 2003, the UP assailed the denial of due course to its appeal through a petition for certiorari in the Court of Appeals (CA), but was then dismissed upon finding that the UP’s notice of appeal had been filed late.
  • In the meanwhile that the UP was exhausting the available remedies to overturn the denial of due course to the appeal and the issuance of the writ of execution, Stern Builders and dela Cruz filed in the RTC their motions for execution despite their previous motion having already been granted and despite the writ of execution having already issued.
  • The sheriff served notices of garnishment on the UP’s depository banks, namely: Land Bank of the Philippines (Buendia Branch) and the Development Bank of the Philippines (DBP), Commonwealth Branch. RTC released the garnished funds.
  • The UP filed with the CA Petition for Certiorari to challenge the jurisdiction of the RTC for the release of garnished funds and averred that such cannot be done because the funds involved are public funds.
  • On appeal, both the CA and the High Court denied UP’s petition. The denial became final and executory. Hence, Stern Builders filed in the RTC their motions for execution despite their previous motion having already been granted and despite the writ of execution having already issued. On June 11, 2003, the RTC granted another motion for execution filed on May 9, 2003 (although the RTC had already issued the writ of execution on October 4, 2002). Consequently, the sheriff served notices of garnishment to the UP’s depositary banks and the RTC ordered the release of the funds.
  • Aggrieved, UP elevated the matter to the CA but the CA sustained the RTC. Hence, this petition.

ISSUES:

  1. Whether or not UP funds should be subjected to garnishment?

No, UP funds should not be subjected to garnishment. UP has been created through Act 1870 for provide advanced instruction in literature, philosophy, the sciences, and arts, and to give professional and technical training to deserving students. UP is a chartered institution performing a legitimate government function.

As a government instrumentality, the UP administers special funds sourced from the fees and income enumerated under Act No. 1870 and Section 1 of Executive Order No. 714, and from the yearly appropriations, to achieve the purposes laid down by Act 1870.

All the funds going into the possession of the UP, including any interest accruing from the deposit of such funds in any banking institution, constitute a “special trust fund[1],” the disbursement of which should always be aligned with the UP’s mission and purpose, and should always be subject to auditing by the COA.

The adverse judgment rendered against the UP in a suit to which it had impliedly consented was not immediately enforceable by execution against the UP, because suability of the State did not necessarily mean its liability.

Disbursements of public funds must be covered by the corresponding appropriation as required by law. The functions and public services rendered by the State cannot be allowed to be paralyzed or disrupted by the diversion of public funds from their legitimate and specific objects, as appropriated by law.

An appropriation by Congress was required before the judgment that rendered the UP liable for moral and actual damages (including attorney’s fees) would be satisfied considering that such monetary liabilities were not covered by the “appropriations earmarked for the said project.” The Constitution strictly mandated that “no money shall be paid out of the Treasury except in pursuance of an appropriation made by law.”

  1. Whether or not COA must adjudicate private respondents’ claim before execution should proceed?

The execution of the monetary judgment against the UP was within the primary jurisdiction of the COA. This was expressly provided in Section 26 of Presidential Decree No. 1445, “The authority and powers ofthe Commission shall extend to and comprehend all matters relating to … the examination, audit, and settlement of all debts and claims of any sort due from or owing to the Government or any of its subdivisions, agencies and instrumentalities. The said jurisdiction extends to all government-owned or controlled corporations, including their subsidiaries, and other self-governing boards, commissions, or agencies of the Government, and as herein prescribed, including nongovernmental entities subsidized by the government, those funded by donations through the government, those required to pay levies or government share, and those for which the government has put up a counterpart fund or those partly funded by the government.”

The settlement of the monetary claim was still subject to the primary jurisdiction of the COA despite the final decision of the RTC having already validated the claim.

The RTC had no authority to direct the immediate withdrawal of any portion of the garnished funds from the depository banks of the UP. By eschewing utmost caution, prudence and judiciousness in dealing with the execution and garnishment, and by authorizing the withdrawal of the garnished funds of the UP, the RTC acted beyond its jurisdiction, and all its orders and issuances thereon were void and of no legal effect.

Moreover, it is settled jurisprudence that upon determination of State liability, the prosecution, enforcement or satisfaction thereof must still be pursued in accordance with the rules and procedures laid down in P.D. No. 1445, otherwise known as the Government Auditing Code of the Philippines. “All money claims against the Government must first be filed with the Commission on Audit which must act upon it within sixty days. Rejection of the claim will authorize the claimant to elevate the matter to the Supreme Court on certiorari and in effect, sue the State thereby.”

How to determine whether the public property is subject for execution:

A). Properties held for public uses – and generally everything held for governmental purposes – are not subject to levy and sale under execution against such corporation. The same rule applies to funds in the hands of a public officer and taxes due to a municipal corporation.

B). Where a municipal corporation owns in its proprietary capacity, as distinguished from its public or government capacity, property not used or used for a public purpose but for quasi-private purposes, it is the general rule that such property may be seized and sold under execution against the corporation.

C). Property held for public purposes is not subject to execution merely because it is temporarily used for private purposes. If the public use is wholly abandoned, such property becomes subject to execution.

  1. Whether or not Period of appeal did not start without effective service of decision upon counsel of record; Fresh-period rule announced in Neypes v. Court of Appeals can be given retroactive application?

Yes. The Fresh Period Rule can be given retroactive application. Public policy dictates that once a judgment becomes final, executory and unappealable, the prevailing party should not be deprived of the fruits of victory by some subterfuge devised by the losing party.

Exceptions to the doctrine of immutability of a final judgment:

  • the correction of clerical errors;
  • the so-called nunc pro tunc entries that cause no prejudice to any party; (c) void judgments; and
  • whenever circumstances transpire after the finality of the decision that render its execution unjust and inequitable

The service of the denial of the motion for reconsideration upon Atty. Nolasco was defective considering that its counsel of record was not Atty. Nolasco of the UPLB Legal Office but the OLS in Diliman, Quezon City; and that the period of appeal should be reckoned from May 31, 2002, the date when the OLS received the order. The filing of the notice of appeal on June 3, 2002 was well within the reglementary period to appeal.

“If any party has appeared by counsel, service upon him shall be made upon his counsel or one of them, unless service upon the party himself is ordered by the court. Where one counsel appears for several parties, he shall only be entitled to one copy of any paper served upon him by the opposite side.”(Section 2, Rule 13, 1997 Rules of Court)

“To standardize the appeal periods provided in the Rules and to afford litigants fair opportunity to appeal their cases, the Court deems it practical to allow a fresh period of 15 days within which to file the notice of appeal in the Regional Trial Court, counted from receipt of the order dismissing a motion for a new trial or motion for reconsideration.” (Neypes vs CA)

  1. Whether or not Awards of monetary damages, being devoid of factual and legal bases, did not attain finality and should be deleted?

The term findings of fact that must be found in the body of the decision refers to statements of fact, not to conclusions of law. The Constitution and the Rules of Court require not only that a decision should state the ultimate facts but also that it should specify the supporting evidentiary facts, for they are what are called the findings of fact.

The actual damages sought by the Stern Builders were not duly proved. Without the clear and distinct findings of fact and law, the award amounted only to an ipse dixit on the part of the RTC, and did not attain finality.

The moral damages constituted another judicial ipse dixit, the inevitable consequence of which was to render the award of moral damages incapable of attaining finality. As a juridical entity, a corporation is incapable of experiencing pain and suffering from emotional distress.

COURT GRANTED THE PETITION FOR REVIEW ON CERTIORARI, ANNULLED THE GARNISHMENT OF FUNDS, DELETES FROM DECISION OF RTC THE AWARD OF MORAL AND ACTUAL DAMAGES AND ORDERS THE STERNBUILDERS AND THEIR GENERAL MANAGER TO REDEPOSIT THE AMOUNT OF 16M.

[1] “Trust fund”- fund that officially comes in the possession of an agency of the government or of a public officer as trustee, agent or administrator, or that is received for the fulfillment of some obligation. A trust fund may be utilized only for the “specific purpose for which the trust was created or the funds received.”