Unreasonable "DQ" rule for COVID-19 positive examinees in 2022 Bar
Under Bar Bulletin (BB) No. 30, S. 2021, otherwise known as the "Guide and Rules
of Conduct to the 2020/21 Bar Examinations (Omnibus Guidelines)," examinees who present a positive test result for COVID-19 before the first
Bar Sunday will not be allowed to take the Bar Examinations, and will be marked "did not finish." They shall be advised to adhere to the
local government unit's required health protocols for positive cases.
Additionally, the BB No. 30 states that examinees who present a positive
COVID-19 test result, whether symptomatic or asymptomatic, will automatically
be denied entry to the local testing center. They will be required to undergo
quarantine based on the guidelines and protocols of the local government unit
of their local testing center. Examinees who obtain a positive COVID-19
test result must inform the Office of the Bar Chairperson immediately at
barchair202021.sc@judiciary.gov.ph, stating their name and assigned local
testing center. A copy of the test result should be attached to the email.
Additionally, the BB No. 30 states that examinees who present a positive
COVID-19 test result, whether symptomatic or asymptomatic, will automatically
be denied entry to the local testing center. They will be required to undergo
quarantine based on the guidelines and protocols of the local government unit
of their local testing center. Examinees who obtain a positive COVID-19
test result must inform the Office of the Bar Chairperson immediately at
barchair202021.sc@judiciary.gov.ph, stating their name and assigned local
testing center. A copy of the test result should be attached to the email.
On the other hand, examinees who present a negative test result for COVID-19,
but show flulike symptoms (temperatures over 37.5 degrees Celsius, colds,
uncontrollable coughing, or uncontrollable sneezing) at the security check
area, will be assessed by the medical staff on site. Once cleared by the
medical staff, they may be taken to a separate quarantine exam room where they
will take their exams. Their ingress and egress will be monitored and they
will be kept separate from the rest of the examinees before, during, and after
the examinations.
Although the BB does not mention the term "disqualification,"
marking an examinee as "did not finish" has the
exact same effect of disqualification.
Despite the lack of explanatory notes, what can be inferred from BB No. 30 is
that the Supreme Court is probably saying that examinees who will test
positive for COVID-19 before the first Sunday of the Bar Examinations are to
blame for the situation, being outside the supervision and influence of the
Court prior to the first Sunday. However, after the first Sunday, having been
exposed to local testing center staffers, proctors and other persons involved
in the Bar Examinations, examinees should not be disqualified for testing
positive for COVID-19 and the rules should be relaxed.
Despite the apparent wisdom of the above, there are those who still say that
the above regulation under BB No. 30 is unreasonable and is not the best
response to the current situation, considering the years of hard work and
patience of law graduates. This is especially true for those who finished law
school two or more years ago only to wait for the Bar Examinations in 2022
after all the hardships and heartbreaks brought about by the pandemic.
Criticisms often cite what is called a "better approach" in which those who
test positive for COVID-19 should instead be charged for additional fees in
personal protective equipment (PPE), special isolation areas, disinfection
tools and other additional expenses that the Court or the local testing center
may incur in providing reasonable accommodation to the test-positive examinee.
Later, these additional costs may be billed to and collected from the examinee
after the Bar Examinations.
It does appear that the suggestion in the next preceding paragraph is a more
reasonable one, instead of outrightly disqualifying -- or marking as "did not
finish" -- an examinee who tests positive for COVID-19. But then again,
critics of this suggestion point out that charging and billing an examinee for
additional fees may be viewed as "anti-poor," pointing to the already high
costs of the Bar Examinations and recognizing that, at times, despite best
efforts to quarantine, there are those who still test positive for the virus.
Whatever the better or best view may be, what is clear is that an
outright disqualification of an
examinee is not the best response to
him/her testing positive for COVID-19. There appear to be other remedies which
are
less fatal and less devastating to the life, career and mental health of
Bar examinees.