Why is the Philippine bar exam pass rate too low?

If you compare Philippine bar exam pass rate with that of the US, you'd realize ours is actually very low. A particular US state may have, on average, an overall pass rate of 80 percent, says attorneyatlove.blogspot.com. "On closer analysis the pass rate might be 90 percent for first-time takers, 75 percent for second-time takers, and 60 percent for third-time takers. Now why is ours hovering around just 20-30%? Among other issues, does this mean our legal system is more complex and advanced than that in the US? Not.

One can cite several valid factors why a bar examinee does not make the cut, like lack of preparation, too much pressure, poor handwriting, poor analytical skills, etc. But the way our bar exam and legal education system is being run must also be held accountable.

According to Wikipedia, the Philippine Bar Examination, administered once every year during the four Sundays of September and covering eight areas of law, is considered one of the most difficult bar exams in the world, having a passing rate that averages in the mere 20%-30% mark. That low passing rate is I think largely due to how poorly our legal education system prepares its students to become lawyers. Also, the bar exam is mainly designed to test one's knowledge of the law, both basic and complex provisions thereof. This may explain why the University of the Philippines College of Law, arguably the best law school in Asia, has a lower passing percentage among its bar exam takers than San Beda and Ateneo. Law schools like UP who prefer to teach students "how to think like a lawyer" but do not prepare law students for our particular type of bar exam, are at a disadvantage.

Bar exam reforms therefore must address how aspiring lawyers must be tested, specifically the criteria in determining what skills do we really need from our lawyers. Though I am quite relieved to be told by a bar reviewer who once served as bar examiner that some examiners put more premium on analytical and communication skills than rote knowledge of the law. As long as the answer is not obviously contrary to law, but analytically and logically sound, the examinee may be awarded full points, he said. However, this is not the case with many of the examiners.