techniques in answering bar questions

8/10/2019 Techniques in Answering Bar Questions

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TECHNIQUES IN ANSWERING BAR QUESTIONS BYATTY. REY TATAD JR.

REASON/S BEHIND THE LAW

1.

The purpose of the law is2. The law is designed to

3. It is intended to shield

4. It is primarily aimed at protecting

____________ from unwarranted __________

5. The rationale behind the law is

6. The spirit of the law is to the effect thatDEFINITION / EXPLANATION1. ________________ is a comprehensive term used todescribe _________.2. _________________, in its generally accepted sense,refers to .3. Itis a safeguard and guarantee provided by the1987 Constitution..4. It is a kind of relief granted to a ______________by the 5. ________________ is a branch of public law (orprivate law) which deals with..

6. It pertains to7. It connotes a .8. is a doctrine in (i.e. Civil Law) which refers to9. is a principle in (i.e. Criminal Law) which statesthat10. It presupposes11. Its principal identifying feature is..12. It is akin to13. The function of which is to

14. The office of which is toENUMERATION1. In capsule form, the following are the elements of thecrime of

2. In a nutshell, the following are the elements of

the crime of

3. The following elements are generally considered

in the determination ofthe presence of (i.e.

employer-employee relationship)

4. Among the (i.e. defenses/remedies) available to

(i.e. Mr. X) as provided for by/in the (i.e. Civil

Code) are:(1)(2)5. The following are the requisites for

6. In order that a case for (i.e. B.P. 22) to prosper,

the following elements must

be attendant/present:

7. To constitute (i.e. homicide), the following

requisites must concur:

8.

(i.e. Legal compensation) requires theconcurrence of the following conditions:

9. To establish a persons culpability under (i.e.

estafa), it is indispensable that

* Tips on answers that require enumerating something.(i.e. elements). If you can enumerate all, write it in


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bulleted or numbered form to highlight the fact that youknow all of them and for more convenient-reading purposes. If you cannot enumerate all, write itin paragraph form so that it would not easily be

noticeable that you missed something. (I got the abovetip from our mentor Atty. Gafar Lutian)DISTINCTIONWhen being asked to distinguish, do not state itsdefinition. If you give its definition, you are in effectasking the examiner to extract out the differences of thetwo [or more] from your definition. Do not also give theirsimilarities. You are asked to differentiate and contrast,so similarities are not included (That was a tip I learnedfrom my professor in Civil Law Review I, Atty. Virgilio

Gesmundo).The number of distinctions you will give mustalso be proportionate on the points allotted for such. If itis only worth two points, do not give 8 distinctions. Theexaminer cannot give you 8 points for that. For a twopoint distinction question, perhaps, three would beenough (four is not too much).1. The (i.e. two) may be distinguished from each other inthe followingsways:

1.

b.2. In the first, it is necessary that there be..,

whereas in the second it is sufficient

that there be .

2. In the former, while in the latter4. The former requires while the latter

5. on the other hand ______________ isANSWERING QUESTIONS WITH VAGUE FACTS (orwhich requires qualification)But if the facts are complete in itself, do not attempt to

add facts or assume anything.1. We must distinguish. If (or As far as the __________is concerned)

2. It depends. If(or As far as the __________ isconcerned)

3. The question requires a qualified answer. If4. I will qualify. If

5. On the assumption that

6. My answer must be qualified.JURISDICTION1. The case is beyond the ambit of the jurisdiction of the(i.e. Regional TrialCourt)

2. It is within the ambit of the (i.e. Secretary of Labors)power.

3. It is not within the province of the (i.e. Municipal TrialCourt)

4. It is clearly within the powers of the (i.e. LaborArbiter) to

5. The case of (i.e. ejectment) lies with the

Municipal Trial Court.


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6. The case is cognizable by the (i.e. Regional Trial

Court)

7. The case is covered by the (Rules on Summary

Procedure).8. The law vests upon the (i.e. Secretary of

Justice) the power toELABORATING/EXPOUNDING ANSWERSGo straight to the point. The length of answers andexpounding the same, must always be proportionate tothe points allotted for such particular question. Thehigher the points, the more in-depth the elaborationshould be. However, it must not appearna nambobolaka na. Sometimes, if your answer is too long, it is an

indication that you are not sure of the answer so there isthat need of getting around the bush. Remember thatmost of the times, MORE TALK, MORE MISTAKE!!! (I gotthis tip frommy professor in Political Law, Dean MarianoF. Magsalin, Jr.)1. It should be borne in mind that2. It must be noted that

3. It may be recalled that

4. It is worth observing

5. It must be taken into consideration that

6. More importantly, .

7. Significantly,

8. Corollarily,

9. Furthermore,

10. Moreover,

11. Similarly,

12. Parenthetically,

13. In other words,

14. Otherwise stated,

15. Simply put,

16. Simply stated,

17. Stated more concretely

18. The reasons are obvious. (expound)

19. The reasons are well-known. (expound)

20. The reasons are plain. (expound)

21. Under the same line of reasoning,

22. As regards

3. With regard to (it is error to state with

regards to)24. Anent the (i.e. first issue),


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25. As far as the ________________ is concerned,

26. This is indicated by the fact that

27. The language of the law leaves no room for doubtthat,

28. Justice and fair-play dictates that,

29. Applying the principle of.

30. For all its conceded merits, (i.e. equity is available inthe absence of lawand not as its replacement)

31. The law is categorical with regard to

32. Notwithstanding the (i.e. execution of thedocument)

33. It is beyond debate that,

34. It is imperative to look at,

5. This is consistent with the time-honored maxim

(i.e. nullum crimen nulla poena sine lege).

36. As it is imbued with public interest,37. In like manner,

38. In the same manner,

39. In the same vein,

40. In the same breath,

41. Likewise,..

42. In fine,

43. It bears articulating that

44. The controlling element in the (i.e. crime of estafa)is

45. By analogy,

46. Suffice it to state that..

47. Emphasis must also be placed at

48. Manifestly, there was (i.e. grave abuse of discretionamounting to lack or excess of jurisdiction)49. Needless to stress that50. It goes without saying that

51. The Supreme Court frowns upon the (i.e. illegalpractice of forum shopping as it erodes the

administration of justice and makes a mockery of thejustice system).

52. There is no denying in this case, that (i.e. thepetitioner never raised the issue of jurisdictionthroughout the entire proceedings in the trial court; caseof Tijam vs. Sibonghanoy)53. It is now too late in the day for the


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respondent/defendant to (i.e. raise the issueof )54. Equally telling is the (i.e. factual finding of the lowercourt) that

55. The gravamen of the (i.e. the crime of rebellion is anarmed public uprising against the government)56. It cannot be denied that (i.e. the petitioner is alsoguilty of negligence)57. Attention must be drawn to the fact that58. ___________ and ____________ are two mutuallyexclusive remedies. An application of one precludes theapplication of the other.

59. To amplify,

60. It must be pointed out that

61. Notably,

62. At the outset, the (i.e. defendant)

63. Coming now to the issue of (i.e. prescription),

CITING LAW PROVISIONS1. No less than the (i.e. 1987 Constitution) provides forthe2. The (i.e. Rules of Court) substantially provides in partthat

3. Under the broad principles of (i.e. due processclause)

4. Under the all-encompassing doctrine of (i.e.

incontestability clause)

5. Under the law

6.According to the (i.e. Family Code)

7. The law is explicit on the matter.

8. The law explicitly expresses in part that

9. By express provision of law,

10. By operation of law

11. As a matter of law

12. Worth remembering is the rule on _______________which provides in part that

13. Decisive on the matter is the pertinent provision of

the (i.e. Law on Property)

14. The law prescribes certain rules on

15. By legislative fiatQUOTING SUPREME COURT DECISIONS1. The Supreme Court in one case, had the occasion torule that


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5. It is crystal clear from the facts presented that

(i.e. the crime of treason) is present (or was

committed).

6. In the present case, it is immediately noticeable

that the element of __________ is wanting (or

lacking).

7. Under the circumstances, the proper remedy

would be

8. The case obtaining indicates a case of (i.e. B.P.

22)

9. It logically follows10. It goes without saying

1. Even assuming arguendo, for the sake of

argument that12. The situation in the case at hand

13. The situation presented evinces a case of

14. The facts sufficiently indicated

15. In the given facts, it is immediately apparent that

16. It is evident that

17. In the same token

18. Under the facts stated in the problem,

19. In the case under consideration,20. Worth stressing is the fact that21. Worth emphasizing is the fact that22. The facts would reveal that

23. A careful perusal of the facts of the case would revealthat24. A careful scrutiny of the actuations of the accusedwould reveal that25. A careful reading of the (i.e. Deed of Absolute Sale)would reveal that26. A cursory examination of theANSWERING IN THE POSITIVE1. The petition is meritorious.2. The contention has legal basis.

3. The case will prosper.4. The argument is proper.5. The provision is perfectly applicable.6. The action is tenable.7. The motion should be granted.8. The Judge is correct.9. The petition is impressed with merit.10. Yes. It is a (i.e. patent violation) of the11. There is merit in the petition.

12. The petitioners contention is sustainable.ANSWERING IN THE NEGATIVE

1. The contention does not hold water.

2. With all due respect to the judge, his decision is

apparently erroneous or is not in accord with law

and existing jurisprudence.

3. The contention is totally misplaced.


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4. It is now too late in the day to raise the issue

of

5. The petition is not meritorious.

6. The evidence presented deserves scant

consideration.

7. The contention has no legal basis.

8. The argument is bereft of merit.

9. The petition is devoid of merit.10. Petitioners reliance on the (i.e. doctrine of) isinappropriate. The doctrine of does not apply in caseswhere / of

11. It is a futile gesture on the part of the respondent toinvoke the rule on

12. The theory/argument has no ground to stand upon.

13. The contention has no leg with which to stand on.

14. The position of the petitioner runs counter with thedoctrine of

15. The case will not prosper.

16. The case is not tenable.

17. The act of the accused in is of nomoment.

18. The assertion lacks substance.

19. The decision is erroneous.

20. The court cannot countenance the (i.e. inconsistentpostures of the petitioner)

21. The testimony that, cannot be given credence.

22. The evidence presented has no probative value.

23. The allegation is belied by the fact that

24. To put it otherwise would be to render the law on_____________ useless/futile.

25. The actuations of the accused in (i.e. fleeing andhiding) negates (i.e. innocence)

26. While it is true that _______________ is a (i.e.constitutional guaranteed right of a person), it does

not, however mean

27. It is not correct to say that

28. It is not proper to state that

29. It is not accurate to conclude outright that

30. A contrary conclusion would erode the rule thatprovides in part that

31. To sustain the contention would be to render the lawon ____________ nugatory.32. It would be absurd and incongruous to sustain theargument that


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19. Verily, he/she has committed

20. For this/these reason/s, it is unavoidable to concludethat

21. Based on the facts obtaining,

22. In this light,

23. This being the case

24. Clearly therefore, applying the aforecited ruling in thecase at hand,

25. In light of the foregoing, it is beyond cavil (doubt)that,

26. There is no doubt that

27. To the unprejudiced mind, the actuations of thethree, when analyzed and taken together, leads to noother conclusion except that (i.e. conspiracy among themexisted)

28. Inescapably, therefore,

29. All things considered,

30. It follows therefore that

31. As a logical result

32. In sum,..

33. In view of the fact that,

34. All told,

35. Given the prevailing facts

36. Having stated the foregoing premises,

37. One final point,

38. Accordingly,

MY PERSONAL ADVICE FOR FUTURE BAR

CANDIDATES DURING THE REVIEW Always pray before and after studying. Turn off your cellular phones. (Turn it on only duringyour break). Most or a significant part of our timereviewing is sometimes spent on non-sense (or not soimportant) texting-replying-texting-replying. There is atime for everything. But when you review, avoidinterruptions. Cellular phone, believe me, is one ofthe major interruptions. Although it is hard, why notsacrifice a little for the sake of being a lawyer.

Believe in yourself. If you will not, then who do youexpect would believe in you. (Tip from Sir Bubut Cayco) Choose a study buddy if you want. But sometimes it isbetter that you donot have one. More study buddies, more interruptions(more kwento). Without you knowing it, tapos na arawor September na.


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mind what will be placed on your first, second and thirdparagraphs. The first paragraph normally contains a one-sentence direct to the point answer to the question. Thesecond paragraph commonly contains legal basis

(provision of law in point, jurisprudence, co-relation ofthe jurisprudence/provision with the facts of the case andapplication).Third paragraph normally contains theconclusion. When you are already decided of youranswer, write it according to your thoughts. In thisapproach, you will not only be avoiding unnecessaryrevisions and erasures, you will also maintainthe cleanliness of your booklet. Bear in mind that, a dirtybooklet is irritating to the eyes of the person checkingthe same.

Allocate the time depending on the number ofquestions.

Answer each question one at a time. Focus on onequestion before thinking or bothering yourself of thesucceeding questions.

Do not stay in a number for so long. Leave at least asheet for a 5point question. Go to the next number if youdo not know the answer. If I am not mistaken, morethan one (1) bar candidate had not succeeded becauseof stocking himself / herself in an item he/she does notknow the answer of. As a necessary result, he/she failedto finish the exam. As one of my friends told me, Nomatter how grossly wrong your answer may be, do notever leave an item unanswered. Malay mo, may pointsfor the effort/ink .Kidding aside, a blank sheet willsurely get an automatic 0 point. So better answer all.

Dont blame yourself or dont panic if you failed toanswer an item or two. Its perfectly normal. What isabnormal is if you failed to answer questions that youknow the answer of just because you bothered/blamed

yourself so much on the items you dont know. In short,if you failed to finish the exam. As my professor Atty. Francis Sababan told us before,

mga bata, avoidpassing your booklet too early. Thetime allocated for each subject may be too much, but itmust be used wisely to: (1) write legibly, (2) composeyour answers properly, (3) avoid erasures, (4) observeproper margin, and (5) review your answers. After allthere are no prizes for early finishers.AFTER A BAR SUBJECT (OR ENTIRE BAR EXAM)

Do not discuss answers. It is futile because the bookletshad already been submitted and it could greatly affectyour performance for the remaining subjects. If yournoble reason on asking about the answers is for you toknow the same, I suggest that you wait until the examresults have been already released. For self-preservationreasons, for sure you will be anxious and fearful if youwould discover that you have incurred (just for example)10 mistakes.

IMPORTANT REMINDER IN ANSWERINGIf you are so sure of the answer, you can directlyanswer yes or no. But if you are just guessing ornot so sure of the answer, you better start citinglaw provisions and jurisprudence first.Logic behind: If you answer yes or no and it happened tobe wrong, chances are, you will get an automatic ZERO(0) for that item. The examiner might not read youranswer anymore. Come to think of it, it would be a waste


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of his time reading explanation of a wrong answer.Besides, there are so many booklets to check.On the other hand, if you cite the law provisions and

jurisprudence first, even though your yes or no answer

placed in the last paragraph/sentence is wrong,you might get some credit. (The examiner might say,

may alam tong batang to, nalitolang). Finally, at least,the examiner has read all your answer and explanationbefore grading you for that item.CARDINAL RULES IN TAKING THE BAR. Do not forget your test permits, Supreme Court colorcoded Identification card, and other pertinentdocuments/things as required in the letter coming fromthe SC allowing you to take the Bar.

. Bring a watch with you to keep you updated of the timeleft.. Never be tempted to cheat.

. Keep your focus.

. Carefully read and comprehend the instructions andquestions.

. Answer one at a time.

. Answer straight to the point. Be responsive to thequestion. Answer only what is being asked. Though it istempting to showcase your knowledge, do not over-elaborate.

. Avoid erasures.

. Do not hurry at the expense of substance (andreadability) of your answers.

. Leave a space before starting a new paragraph.

. Review your answers. Scan your booklet beforesubmitting the same. Be sure you have not left anyquestion unanswered.

. Bring extra sign/fountain pens.

. Observe proper margin.DISCLAIMER!!!This is only a guide material and will not and cannot

assure anyone of passing or even topping the BAR. Whatis assured only is that it will greatly facilitatethe candidates presentation of his/her answers.

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