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BARISTA PrivacyNotice PB2024

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Republic of the Philippines

Supreme Court
Manila

PHILIPPINE BAR EXAMINATIONS

Data Privacy Notice for the Bar Applicants

SUPREME COURT OF THE PHILIPPINES’ BAR APPLICANT REGISTRATION


INFORMATION SYSTEM AND TECH ASSISTANCE (BARISTA) DATA PRIVACY
NOTICE FOR THE BAR APPLICANTS

Statement of commitment to data privacy and security

The Supreme Court of the Philippines (“Supreme Court,” “we,” “our”) respects your
privacy and your data privacy rights, as well as employs reasonable measures to protect your
personal data in accordance with Republic Act (RA) No. 10173, otherwise known as the Data
Privacy Act (DPA) of 2012, its Implementing Rules and Regulations (IRR), and related National
Privacy Commission (NPC) issuances.

Brief description of the system and general purpose

The Philippine Bar Examinations is the professional licensure examination exclusively


administered by the Supreme Court of the Philippines that a law graduate must pass to be
admitted to the Philippine Bar. It is the Supreme Court, as the guardian of the legal profession,
that has the constitutional prerogative to admit persons to engage in the practice of law. Its
authority stems from Section 5 (5), Article VIII of the 1987 Philippine Constitution, which vests
the Supreme Court with the power to promulgate rules concerning the admission to the practice
of law.

We are currently implementing an online facility called the Bar Applicant Registration
Information System and Tech Assistance (BARISTA) for the submission of applications to take
the Philippine Bar Examinations, where the applicants can register and submit the required
documents. As the online facility for taking the Philippine Bar Examinations, it is necessary for

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the Supreme Court to collect your personal data for the purposes stated in this notice. This Data
Privacy Notice will inform you on how we collect, process, and protect your personal data.

I. Definition of Terms used in this Notice

BARISTA – covers the online application for the Philippine Bar Examinations. It facilitates the
registration of the Bar applicants, submission of the application to take the Philippine Bar
Examinations along with the supporting documents, and online payment of the Philippine Bar
application fee. The applicant can track the status of his/her/their application using the online
platform.

Data subject – refers to an individual whose personal information is processed. For purposes of
this Privacy Notice, the Philippine Bar applicant is the data subject.

E-Payment channel partner – a third party, Land Bank of the Philippines (LBP) Link.Biz
Portal, shall facilitate the online payment of the Philippine Bar application fee through
BARISTA.

Personal data – refers to all types of personal information and sensitive personal information.

Personal Information – refers to any information whether recorded in a material form or not,
from which the identity of an individual is apparent or can be reasonably and directly ascertained
by the entity holding the information or when put together with other information would directly
and certainly identify an individual.

Personal Information Controller (PIC) – refers to a person or organization who controls the
collection, holding, processing or use of personal information, including a person or organization
who instructs another person or organization to collect, hold, process, use, transfer or disclose
personal information on his/her/their behalf. The term excludes:

1. A person or organization who performs such functions as instructed by another


person or organization; and

2. An individual who collects, holds, processes, or uses personal information in


connection with the individual's personal, family, or household affairs.

The Supreme Court is the PIC, as the Philippine Bar Examinations is exclusively
administered by the Supreme Court. It is the Supreme Court, as the guardian of the legal
profession, that has the constitutional prerogative to admit persons in the practice of law. Its
authority stems from Section 5 (5), Article VIII of the 1987 Philippine Constitution, which vests
the Supreme Court with the power to promulgate rules concerning the admission to the practice
of law.

Personal Information Processor (PIP) – refers to any natural or juridical person qualified to act
as such under this Act to whom a personal information controller may outsource the processing
of personal data pertaining to a data subject.

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The e-payment channel partner for the Philippine Bar application fees is the PIP to whom
the PIC may outsource or instruct the processing of personal data.

Processing – refers to any operation or any set of operations performed upon personal
information including, but not limited to, the collection, recording, organization, storage,
updating or modification, retrieval, consultation, use, consolidation, blocking, erasure, or
destruction of data.

Sensitive Personal Information – refers to personal information:

1. About an individual’s race, ethnic origin, marital status, age, color, and religious,
philosophical, or political affiliations;

2. About an individual's health, education, genetic or sexual life of a person, or to any


proceeding for any offense committed or alleged to have been committed by such
person, the disposal of such proceedings, or the sentence of any court in such
proceedings;

3. Issued by government agencies peculiar to an individual which includes, but not


limited to, social security numbers, previous or current health records, licenses or its
denials, suspension or revocation, and tax returns; and

4. Specifically established by an executive order or an act of Congress to be kept


classified.

II. What personal data do we collect?

To apply for the Philippine Bar Examinations, we will be collecting the following
information:

1. Applicants’ full name, sex assigned at birth, date and place of birth, citizenship, civil
status, permanent address, and present address;

2. Contact information and email address;

3. Educational background;

4. Health information/records;1 and

5. Other information required to take the Philippine Bar Examinations, such as


information relating to pending and/or decided case(s).

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Examples of health information/records that may be collected through BARISTA are, but not limited to, the
following: (1) vaccination records; (2) medical certificates; and (3) prescriptions, doctor’s notes/referrals. The
foregoing information are collected to ensure compliance with current health regulations, provide statistics which
may be useful for future bar exams, and proper assessment and accommodation of requests for special
considerations in view of health-related issues.

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The supporting documents that should be submitted together with the Application Form,
which must be uploaded to BARISTA and thereafter submitted to the Office of the Bar
Confidant (OBC) within a non-extendible period of ten (10) calendar days from receipt of the
email notification of BARISTA approving the application, are the following:

For new applicant who is currently enrolled/expected graduate/currently taking 4th year subjects
of AY 2023-2024 in a law school in the Philippines

1. PSA Birth Certificate

If the PSA copy is not legible, the applicant must submit, in addition to the PSA-
issued Birth Certificate, a legible original or certified true copy (CTC) of the Birth
Certificate issued by the Local Civil Registrar (LCR).

If the applicant has no record of birth with the PSA, the applicant must submit:

a. a Negative Results Certification issued by the PSA and

b. a legible original or CTC of the Birth Certificate issued by the LCR.

If the applicant has no record of birth with the PSA and the LCR, the applicant
must instead submit:

a. a Negative Results Certification issued by the PSA; and

b. an Affidavit for Delayed Registration executed by the applicant's father,


mother or guardian, explaining the reason(s) therefor.

In cases where there are erroneous entries in the Birth Certificate, and there is an
intention to file a petition for change of entry in the Birth Certificate, the applicant must
indicate the name currently being used and submit, in the meantime, the uncorrected
Birth Certificate with an undertaking stating the intention to have it corrected.

For applicant born abroad, the applicant must submit the original or CTC of the
following:

a. Foreign Birth Certificate or notarized affidavit stating that no foreign birth


certificate was issued and

b. If the Birth Certificate is not written in English, the applicant must submit an
English-translated copy (1) duly-notarized and authenticated in the country of
birth or (2) translated by any of the following authorized persons or
organizations: (a) National Commission on Muslim Filipinos for Arab
Countries; (b) an authorized or accredited translator of the Philippine Embassy
in the country of birth; (c) a foreign embassy in the Philippines; and (d) an
accredited translator of the Philippine Department of Foreign Affairs.

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c. Report of Birth issued by the PSA.

If the applicant is a foundling, the applicant may submit a Certificate of


Foundling, issued by the LCR2

2. PSA Marriage Certificate (for female married/widowed/separated/annulled applicants


only)

If married within the last six (6) months from the filing of the application, the
applicant may submit either the Marriage Contract issued by the PSA, or the original or
CTC of the Marriage Contract issued by the LCR, whichever is applicable. If married for
more than six (6) months from the filing of the application, only the PSA-issued contract
shall be accepted.

3. Government ID or latest Law School-issued ID with the applicant’s photo and


signature

4. Unretouched photo (1 ½” x 1 ½”) of the applicant with a white background and with
applicant’s both ears visible, taken not more than three (3) months prior to the
submission of the Application Form, with the handwritten name and signature of the
applicant appearing at the bottom of the photo.

The name must follow this format: Surname, Given Name, Middle Initial, Suffix.

5. Certificate of Enrollment signed by the School Registrar or College Secretary and duly
noted by the law school Dean or his/her authorized representative indicating the
following:

a. That the applicant is currently enrolled in his/her/their last year of law school
and is expected candidate for graduation for Academic Year 2023-2024; and

b. That the applicant is currently completing or has completed the Clinical Legal
Education Program (CLEP) and is currently securing or has secured Level 1 or
2 Certifications or both.

6. Original or certified true copy of the Pre-Law Transcript of Records (TOR) certifying
the completion of the pre-law degree issued by the School Registrar

7. Letter request for special needs with related attachments (if applicable)

8. Proof of naturalization (if applicable)

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Republic Act No. 11767, otherwise known as “Foundling Recognition and Protection Act,” Section 10. Approved:
May 6, 2022

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a. Original or CTC of Birth Certificate issued by the PSA or Foreign Birth
Certificate, whichever is applicable and
b. Other pertinent documents relating to the acquisition of Philippine citizenship,
as may be required by the OBC.

9. Two (2) individual Testimonials of Good Moral Character (TGMC) requested from
and signed by two (2) different members of the Philippine Bar who personally know
the applicant for at least one (1) year prior to the signing, have been admitted to the
practice of law for at least one (1) year, prior to the signing, and are not related to the
applicant by consanguinity or affinity within the fourth (4th) civil degree.

10. Requirements for applicant with pending and decided cases

For applicant with PENDING CASES of whatever nature that were filed
against him/her/them before any jurisdiction, he/she/they must submit a LIST of all
the pending cases, together with:

a. Original or CTC of the Complaint/Information as issued by the Court,


Prosecutor’s Office, or Agency concerned; and

b. Certification as to the pendency of the status of the case.

For applicant with DECIDED CASES of whatever nature that were filed
against him/her before any jurisdiction, he/she must submit a LIST of all decided
cases, together with:

a. Original or CTC of the Judgment/Decision/Order/Resolution, whichever is


applicable, as issued by the Court, Prosecutor’s Office, or Agency concerned;

b. Original or CTC of the Entry of Judgment/Certificate of Finality, whichever is


applicable; and

c. Clearance from the Court, Prosecutor’s Office, or Agency concerned, which


attests that the applicant has no pending case as of the time of application.

The list of pending and/or decided cases must follow this format: Case
Number, Title, Nature of the Case, Status (whether pending or decided), Charge
and/or Penalty.

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For (i) a new local graduate applicant who graduated any time before AY 2022-2023 but
deferred in taking the Bar examinations or (ii) a new foreign graduate applicant who completed
4th year subjects in a law school in the Philippines (this includes those who previously applied or
who already created a BARISTA account3 but did not take the exam)

The requirements are the same except for the Certificate of Enrollment.

In addition, the applicant must submit the following:

For local graduate

1. Law Transcript of Records (TOR) and B.M. No. 1153 requirements

2. Certificate of No Derogatory Record (CNDR) requested concurrently with the TOR


from the law school where the applicant graduated and duly signed by the Dean or
his/her authorized representative.

For foreign graduate

1. An applicant who graduated from a foreign law school must request the CNDR from
the local law school where he/she/they took the fourth-year subjects

2. Proof of completion of all courses leading to the Juris Doctor or equivalent degree

3. Recognition or accreditation of the law school or university by the proper


authority

4. Completion of all fourth-year subjects in the Juris Doctor academic program in a law
school or university recognized by the Philippine Government

For previous taker with an existing BARISTA account

1. Government ID or latest Law School-issued ID

2. Unretouched photo

3. Two (2) individual Testimonials of Good Moral Character (TGMC)

4. Requirements for applicant with pending and decided cases

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Those who have existing BARISTA Accounts are those given B.E. Numbers. Those who initially filled up or
registered for BARISTA but did not pay Bar fees nor were given B.E. Numbers will have their previous accounts
removed from the database and will have to create a new BARISTA Account.

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For refresher4 who is currently completing refresher course

1. PSA Birth Certificate

2. PSA Marriage Certificate (for female married/widowed/separated/annulled applicants


only)

3. Government ID or latest Law School-issued ID

4. Unretouched photo

5. Certificate of Enrollment in Refresher Course signed by the School Registrar or


College Secretary and duly noted by the law school Dean or his/her authorized
representative

6. Pre-Law Transcript of Records (TOR)

7. Law Transcript of Records (TOR) and B.M. No. 1153 requirements

8. Letter request for special needs with related attachments (if applicable)

9. Proof of naturalization (if applicable)

10. Two (2) individual Testimonials of Good Moral Character (TGMC)

11. Requirements for applicant with pending and decided cases

12. Certificate of No Derogatory Record (CNDR)

13. Notarized Affidavit undertaking to enroll in Pre-Bar Review Course or Certificate of


Enrollment in Pre-Bar Review Course

For refresher who completed the refresher course with undertaking to complete the pre-bar
review course

The requirements are the same, except for a Notarized Affidavit undertaking to enroll in
Pre-Bar Review Course or Certificate of Enrollment in Pre-Bar Review Course

In addition, the applicant must submit a Notarized Certificate of Completion of Refresher


Course signed by the School Registrar and duly noted by the law school Dean or his/her
authorized representative certifying that the applicant is a student at the said law school during
the covered academic years and terms, and has passed and completed all the subjects of the
Refresher Course Program with corresponding grades under bona fide professors.

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Those who will take the Philippine Bar examinations for the fourth time or more.

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In cases where the above subjects were completed in different law schools, the applicant
shall submit certifications issued by the individual professors of each subject.

The following supporting documents should be uploaded to BARISTA, and physically


submitted to the OBC no later than October 15, 2024, or thirty (30) calendar days from the last
exam day of the 2024 Bar Examinations:

For new applicant (local graduate) who is currently enrolled/expected graduate of AY 2023-
2024

1. Original or CTC Clinical Legal Education Program (CLEP) Level 1 or Level 2 or both
certificates

2. Law Transcript of Records (TOR) and B.M. No. 1153 requirements

3. Certificate of No Derogatory Record (CNDR) issued concurrently with TOR

For new applicant (foreign graduate) who is currently enrolled/currently taking 4th year subjects
of AY 2023-2024 in a law school in the Philippines

The requirements are the same, except for Original or CTC Clinical Legal Education
Program (CLEP) Level 1 or Level 2 or both certificates.

For refresher who is currently completing refresher course

1. Notarized Certificate of Completion of Refresher Course

2. Notarized Certificate of Completion of Pre-Bar Review Course issued by the School


Registrar and signed by the law school Dean or his/her authorized representative
where the Pre-Bar Review Course was taken. If the applicant took the Pre-Bar Review
Course in a review center, the certification must be issued by the School Registrar or
the authorized representative of the law school where the review center is affiliated.

For refresher who completed the refresher course with undertaking to complete the pre-bar
review course

1. Notarized Certificate of Completion of Pre-Bar Review Course

The Application Form must be submitted in the form prescribed by the Supreme Court.
Any alteration, revision, or deletion of any of its provisions is strictly prohibited and may be a
ground for disqualification in taking the Philippine Bar Examinations.

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III. How do we collect your personal data?

The process flow in BARISTA begins with an applicant’s registration on the platform
using his/her/their valid email address. Before proceeding with registration, the applicant will be
asked to agree to the Philippine Bar Examinations BARISTA Privacy Notice by ticking the
appropriate checkbox. Upon logging in with his/her/their registered email address, the applicant
will be redirected to the Application Page, where he/she/they will be required to enter
his/her/their application type, personal information, educational background, and contact
information. The applicant will also be required to upload the documentary requirements to take
the Philippine Bar Examinations.

Thus, personal data is collected in real-time when the Bar applicant (i.) registers an
account on BARISTA, (ii.) applies for the Philippine Bar Examinations by filling out the
required fields therein, and (iii.) uploads the necessary documentary requirements.

IV. Why do we collect your personal data?

The primary purpose of collecting your personal data is to ascertain your qualifications to
take the Philippine Bar Examinations and other relevant processes as provided by the Rules of
Court. The data will be used and further processed only for purposes of the applicant’s admission
to the practice of law, pursuant to the Supreme Court’s constitutional mandate and rules issued
for such purpose. The email address you provide will be used to send you information in relation
to your application to take the Philippine Bar Examinations. The personal data may also be used
for purposes of communication and publication of related information on the Supreme Court
Microsite.

The Bar applicant’s personal data shall be processed for the following purposes:

1. Pre-Bar Examinations

a. For processing and facilitating the Bar applicant’s BARISTA account registration
and Bar Examinations application

b. For contacting or providing the Bar applicant with any information related to the
Philippine Bar Examinations application

c. For verifying and processing the Bar applicant’s application, requirements to take
the Philippine Bar Examinations, and payment of the Bar application fee

d. For those who will not be able to select their local testing centers within the
deadline or those who cannot be assigned to the local testing centers in their
preferred cities due to limited slots, the designated and authorized personnel of
the Supreme Court will check and assess the Bar applicant’s present address or
law school to determine the appropriate local testing center

e. For processing the Notice of Admission and Undertaking

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f. For the integration of data into the Bar Examinations Monitoring System (BEMS)

2. Bar Examinations Proper

a. For the preparation of the seating plan

b. For the conduct of the Philippine Bar Examinations

3. Post-Bar Examinations

a. For the release of grades

b. For the issuance of clearance for purposes of taking the Lawyer’s Oath and signing
the Roll of Attorneys

c. For the integration of data into the Roll of Attorneys Information System (RAIS)

d. For the verification of the Bar applicant’s records pursuant to a lawful request of a
verifying individual or organization

e. For the maintenance and storage of the various records of the Bar applicant after
the Philippine Bar Examinations

f. For the submission of requirements for admission to the Bar and the Mandatory
Continuing Legal Education (MCLE)

4. Administrative

a. For the preparation of various reports to be transmitted to the OBC, Integrated Bar
of the Philippines (IBP), and administrative agencies in compliance with the law

b. For the management, storage, and retrieval of the Bar applicant's records
maintained on the BARISTA

c. For reference of the Supreme Court, should such information be necessary for the
fulfillment of a lawful and legitimate objective

d. To establish, exercise, or defend legal claims

V. How do we process your personal data?

The Supreme Court has put in place organizational, physical, and technical security
measures designed to help protect your personal data from loss, misuse and unauthorized access,
alteration and destruction, taking into due account the risks involved in the processing and the
nature of your personal data. We have implemented security measures intended to maintain the

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confidentiality, integrity, and availability of your personal data for every stage of the data
processing.

The Supreme Court collects, records, stores, updates, retrieves, uses, or consolidates your
personal data during the Bar application process for the purposes stated above. The collection of
information will be done online based on the information and digital/scanned documents to be
provided by the applicants to take the Philippine Bar Examinations. The data will be stored and
further processed in an electronic form.

The information collected from the website is encrypted before being transmitted to a
database maintained in the OBC. This will be accessible only to the authorized representatives of
the Supreme Court responsible for maintaining the system, who are required to keep the
information confidential.

Limited information will also be provided to our authorized e-payment channel partner
for purposes of processing the Bar application fee.

Finally, the physical documents to be submitted by the Bar applicant containing


his/her/their personal data are stored in a sealed and secured manner in the OBC bodega. All
those with access to the system and the collected information online and the physical documents
are obliged to comply with the DPA and its IRR, including the duty to keep personal data
confidential.

Any personal data for disposal shall be disposed or discarded in a secure manner that
would prevent further processing, unauthorized access, or disclosure to any other party or public,
or prejudice the interests of the data subjects.

VI. Information Sharing and Disclosure

The personal data is disclosed to the following recipients for the following purposes, in
accordance with regulations prescribed by law:

1. Authorized representatives of the Supreme Court, who are responsible for


maintaining the BARISTA system; and

2. E-Payment Channel Partner, responsible for processing the online payment of the Bar
application fee. The facility for online payment in BARISTA shall be accessed
through the LBP Link.Biz Portal.

The limited personal data transmitted to the e-payment channel partner are the related
information needed for the payment to proceed, such as the Payment Reference Number and the
Applicant’s Name.

In this regard, the Bar applicants are encouraged to review the applicable privacy policy
of the e-payment channel partner.

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VII. Retention of personal data

The personal data of all Philippine Bar applicants will be retained with regard to the
processing of their Bar applications, while the personal data of all Bar passers will become part
of their permanent record as lawyers in the Philippines.

The Supreme Court will retain and use your personal data only as necessary to comply
with the following obligations:

1. For the maintenance and storage of the various records of the Bar applicant before
and after the Bar Examinations including monitoring continuing compliance,
discontinuance, withdrawals, disqualifications, and readmission into the practice of
law/into the legal profession, if necessary.

2. For the conduct of the Philippine Bar Examinations

3. For determination of whether the application of the Bar applicant should be approved
or denied

4. For the release of grades and issuance of certificates pursuant to a valid and lawful
request

5. For enforcement of the security measures being implemented by the Supreme Court.

VIII. What are your rights as data subjects?

We would like to make sure that you are fully aware of all your data protection rights. As
a data subject, you have the following rights under the DPA, which you may exercise at your
discretion:

1. The right to be informed

You have the right to be informed whether personal data pertaining to you shall
be, are being or have been processed.

2. The right to access personal data

Under the DPA, individuals can request access to any of their personal data held
by the Supreme Court, subject to certain restrictions. Any such request should be
addressed to the OBC.

3. The right to correct

If you wish to correct or update your personal data, resubmit documents, or have
any concerns about your application, you may contact the OBC in the details provided
below.

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4. The right to object to the processing of personal data

You have the right to object to the processing of your personal data, including
processing for direct marketing, automated processing, or profiling. Please note that some
of the personal data you have provided to us is necessary for us to comply with our
constitutional mandate for your admission to the practice of law and is thus required to be
collected and processed.

5. The right to erasure or blocking

You have the right to suspend, withdraw, order the blocking, removal, or
destruction of your personal data from our filing system.

6. The right to data portability

You have the right to obtain a copy of data in an electronic or structured format
that is commonly used and allows for further use by the data subject.|||

7. The right to lodge a complaint before the NPC

If you feel that your rights have been violated or your personal data has been
misused, maliciously disclosed, or improperly disposed of, you have the right to file a
complaint before the NPC.

8. The right to damages

You have the right to be indemnified for any damages sustained due to inaccurate,
incomplete, outdated, false, unlawfully obtained, or unauthorized use of personal data,
taking into account any violation of your rights and freedoms as a data subject.

IX. Changes to our Privacy Notice

The Privacy Notice may be updated from time to time. If material changes to the
Philippine Bar Examinations BARISTA Privacy Notice are required, any revisions shall be
published on the BARISTA website under the News and Announcements section for the
applicants’ immediate guidance. Therefore, we encourage you to review this privacy notice
periodically so that you are up to date on our most current policies and practices.

This privacy notice was last updated on January 17, 2024.

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X. How do you contact us?

If you have any privacy concerns or questions about your data privacy rights or our
privacy notice, please contact us through:

OFFICE OF THE BAR CONFIDANT


Supreme Court of the Philippines
Padre Faura St., Ermita
1000 Manila, Philippines
Tel: (02) 8552-9690 or (02) 8552-9642
email: obc.helpdesk.sc@judiciary.gov.ph

Alternatively, you may fill out the form at: https://bit.ly/2024BarExamsHelpdesk

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