Monday, April 11, 2022

Monday, April 4, 2022

Friday, April 1, 2022

Election Ramble II

The Philippine presidential election is decided by plurality vote. Some may know our system as "first past the post"  voting. Simply put, whichever of the candidates gets the most votes wins. The problem of this system is apparent. A situation may arise where the winner of the election may receive the most votes out of all the candidates but does not receive the majority of the total votes of the electorate. For example, in a five-way race where candidates A, B, and C each receive 25% of the vote, candidate D only needs 40% to win. Can it really be said that D's victory was by the will of the people? Depending on the number of candidates and the way the votes are split, D's margin can be lower.

In contrast, some countries practice a runoff system or two-round voting. In this system, the top two candidates, or in some cases the candidates who reach a certain threshold, from the first round of voting will run again in the second round. There are two major advantages to this. Firstly, the will of the electorate is more clearly expressed and determined since the winning candidate will require a majority vote of the entire electorate. Secondly, the losers of the first round have the opportunity to make deals with the frontrunners to lend their support (voters) in exchange for concessions, making sure that even minority interests still have a say. Such dealings are apparent in countries with a strong political party system.

But I digress in mentioning two-round voting. 

It would be reasonable to predict that a plurality voting system would eventually produce a two-party system. In a winner-takes-all scenario, there will come a point where the small fish just don't stand a chance. Political parties that are too small will wither away. Eventually, the race will always boil down to two or maybe three people who have a serious chance of winning. In the Philippines, that hasn't happened.

In the Philippine elections, both past and present, the polls will eventually show the top two candidates who are most likely to win, and an assorted bunch of future losers. The candidates at the bottom tend to stay in the race despite all odds. Making deals and concessions with the frontrunners is out of the question since our party system is woefully unsophisticated. There's nothing to be gained by dropping out of the race. It seems people are content to just stay on like a boil that refuses to pop.

I thought about this the other day and I wondered why hopeless candidates won't just quit. The cynic in me proposed a crude answer. What if it's about receiving campaign donations? What if running for president is not something to spend money on but an opportunity to make money?

It's a ridiculous thought. It's probably incorrect but I am ashamed to admit that I don't know what happens to unspent campaign money after the elections are over. Is it possible to run a pro forma campaign where you just go through the motions of giving speeches and waving, all the while receiving more money than what your efforts warrant? It would then be an indirect form of bribery, assuming you get to keep the change. Keep in mind that candidates who occupy office don't have to give it up until they actually win.

It can't be this simple. 

Sunday, March 27, 2022

Bar Exam 2020-2021

Last month, I took the bar exam. Again. 

It really says something about the uncertainty of the times when the 2020 and 2021 bar exams were held on the February of 2022. It was originally supposed to be held on November of 2021 but was postponed to January 2022, and then again to February 2022. Frankly, I just wanted the damn thing to be over with. 

The exam was especially stressful for reasons other than the actual exam itself. Aside from the "will they, won't they" postponements, if you tested positive for the China virus, you wouldn't be allowed to enter into the testing centers. Examinees were therefore forced to self-isolate for a long period of time. As you can imagine, this was a terrible pain in the ass, especially for people with jobs and other commitments. People plan their lives around this particular exam, you know. Imagine having the exam postponed three times and then having to arrange for leave just so you won't get the wu-flu. 

A Historic Exam

The 2020-2021 Bar Exam was "historic" for three reasons: it was the first time the exam was held in places outside Manila, it was the first digital exam, and the exam subjects were compressed to two Sundays instead of four. 

It was the digital format of the exam that facilitated the move to alternative venues, really. All we needed were the software and the internet connection. For the most part, the testing centers were necessary only to keep an eye on us. It's amazing that it only took a global pandemic to force the Supreme Court to do what ought to have been done decades ago. The bar exams of yesteryear look antiquated at best and callous at worst. The inconvenience and cost of travelling to Manila to take the exams for four Sundays of a month is clearly no longer reasonable to ask of examinees.

Personally, the move to a digital format made things much easier on the wrist and there was no more fumbling with booklets and little envelopes. All you had to do was to download the exam in the morning or at the testing center and then the password to open the exam file would be given at the testing center once the exam began. The software was easy enough to use. The best part of course, was the ability to easily edit ones answers - no more inky messes from crossing out of errors. 

On the matter of the questions itself, I found them tricky. They were tricky in a sense that if you tended to overthink things, you'd probably make a mistake. Some subjects were cut while others were combined into one. It was very unusual. For example, Taxation Law, the bane of my existence, was cut down to only two questions and combined in one exam to be taken together with Commercial Law and Civil Law. The result of the compression of subjects meant that the pool to draw potential questions was very wide. Therefore, I had to stick to the syllabus diligently and pray there were no curve balls. 

One other thing that I observed in the exam was that there weren't any questions regarding recent landmark jurisprudence of the Supreme Court. For example, I was very confident that KMU vs. Aquino would be asked in Political Law, but it wasn't. But I suppose that would be too predictable. 

The questions were either about the practical application of the laws or indirect problems that required the examinee to demonstrate knowledge of new additions or quirks to the law. As another example, there was a curious question about whether a single proprietor can start a corporation with only himself as the sole officer and shareholder. The concept of single-person corporations is a relatively new addition to our Corporate Law. If you were confronted with that question, your mind would naturally go through the checklist on the requirements to form a single-person corporation, that is, if you remembered the law.

In Conclusion

As if to show that the exams were hip to the times, announcements regarding the exam were tweeted with the hashtag #bestbarever. Best bar ever? Well, I suppose I'm in a better position to judge if it's the best bar exam ever, seeing as how this is the second time I've taken the damn thing. I can say, out of all the bar exams I've taken, this was the best bar exam ever. There, happy?

Would it be odd to say that I enjoyed the bar exams? I guess that's only because the first one was hell. This time, it was in my home court so to speak. I actually got to rest on my own bed beforehand and go to the testing center with a home-cooked meal instead of a crushed burger from some fast food place. These little comforts are advantages that cannot be ignored. The battle is not just about knowledge but of mindset after all. I was in a better "space" and that counts for a lot.

I can't say with confidence that I passed the exam. You never really know with these things. 

All I can do now is just wait.

Monday, March 7, 2022