Professional Documents
Culture Documents
Rabuya
August 6, 2012 at 10:19am
EXAM GUIDE
Part 1: INSTRUCTIONS
Familiarize self with instructions and FOLLOW the same:
This questionnaire is in TWO (2) PARTS: Part I with ten (10) questions (numbered I to X),
contained in five (5) pages; and Part II with ten (10) questions (numbered XI-XX), contained in
five (5) pages, for a total number of ten (10) pages.
Write your answers to Part I and Part II in the corresponding portions indicated in the booklet.
Begin your answer to each numbered question on a separate page; an answer to a sub-question
under the same number may be written continuously on the same page and succeeding pages
until completed.
Answer the questions directly and concisely. Do not repeat the questions. Write legibly.
Part 2: STRUCTURE
1) Follow the inverted pyramid structure.
The inverted pyramid is a metaphor used to illustrate the placing of the most important
information first within a text.
The widest part at the top represents the most important information the writer means to
convey.
The tapering lower portion illustrates that other material should follow in order of diminishing
importance
Part 2: STRUCTURE
2) Application to law school/bar exams:
Part 2: STRUCTURE
Explain your answer right away, by providing the legal basis/bases. For example:
The marriage is valid because the law provides that ..
After providing the legal basis, explain the application of the legal basis with the particular facts
of the case.
You may thereafter briefly reiterate your conclusion.
PROBLEM: In December 2000, Michael and Anna, after obtaining a valid marriage license,
went to the Office of the Mayor of Urbano, Bulacan, to get married. The Mayor was not there,
but the Mayors secretary asked Michael and Anna and their witnesses to fill up and sign the
required marriage contract forms. The secretary then told them to wait, and went out to look for
the Mayor who was attending a wedding in a neighboring municipality. When the secretary
caught up with the Mayor at the wedding reception, she showed him the marriage contract forms
and told him that the couple and their witnesses were waiting in his office. The Mayor forthwith
signed all the copies of the marriage contract, gave them to the secretary who returned to the
Mayors office. She then gave copies of the marriage contract to the parties, and told Michael
and Anna that they were already married. Thereafter, the couple lived together as husband and
wife, and had three sons.
Is the marriage of Michael and Anna valid, voidable, or void? Explain your answer?
There being no marriage ceremony, which is one of the formal requisites for a valid marriage,
what transpired between Michael and Ana is a void marriage.
Part 2: STRUCTURE (Sample Problem # 2) --- involving application of law and case
PROBLEM: Harry married Wilma, a very wealthy woman. Barely five (5) years into the
marriage, Wilma fell in love with Joseph. Thus, Wilma went to a small country in Europe,
became a naturalized citizen of that country, divorced Harry, and married Joseph, all pursuant to
the laws of her new country. A year thereafter, Harry married Gina. Is the marriage of Harry to
Gina valid?
Part 2: STRUCTURE
*** Reminder: Answer must not be too long
Physical Structure:
Max of 3 short paragraphs
First 2 pars, max of 3 short sentences
Optional, third par; not more than 2 sentences
Part 2: STRUCTURE
Reminders: (As to answer)
Answer the question directly. Stand must be clear. Avoid qualifications.
If question calls for a categorical answer, do not qualify.
Give a qualified answer only if called for by the facts of the case.
Part 2: STRUCTURE
Reminders: (on legal basis)
Refrain from quoting the law verbatim. Just state the substance.
Refrain from citing the specific article/section number.
If what is applicable is the general rule, no need to enumerate the exception/s.
If what is applicable is the exception, cite the general rule before citing the exception
applicable. No need to cite the other exceptions, if not applicable.
Part 2: STRUCTURE
Second Paragraph:
Synthesis: legal basis and facts of the case.
Application of legal basis to facts of case.
Example: The problem calls for the application of Articles 4 and 6 of FC. Hence:
The marriage is void. The law provides that the absence of any of the essential or formal
requisites, one of which is marriage ceremony, shall render the marriage void ab initio. The law
further provides that the contracting parties must personally appear before the solemnizing
officer to make their personal declaration that they are taking each other as husband and wife;
otherwise, there is no marriage ceremony.
Example: The answer [The marriage is void because the contracting parties signed the
marriage contract not in the presence of the mayor. Hence, no marriage ceremony took place.]
assumes that the examiner knows Articles 4 and 6 of the Family Code.
3. DONT: In stating the legal basis, refrain from stating the law verbatim. And refrain from
citing the exact number of article/section of law that you are applying.
Why? Because if you committed mistakes, it will be taken against you.
4. DONT: Do not tell everything that you know about the topic covered by the question. Your
answer should not only be direct to the point, concise, but must also be responsive to the
question.
DO: Limit the discussion only to the legal basis which is necessary to answer the question. For
example, if the question calls for the application of one of the exceptions, there is no need to
discuss the other exceptions which are not material to the resolution of the problem.
DO: But if the question is answerable by applying an exception, you must state the general rule
before discussing the exception. Otherwise, the exception may appear to be the rule if you will
not discuss the general rule.
President Aquino was requested to solemnize the marriage of A and B. He obliged and he
solemnized the marriage. Is such marriage valid?
No, the marriage is void. Under the law, the President has no authority to solemnize a
marriage. Further, the law provides that the absence of any of the essential or formal requisites of
marriage, one of which is the authority of the solemnizing officer, shall render the marriage void
ab initio.
In this case, since the solemnizing officer (the President) has no authority to solemnize the
marriage, the same is void ab initio.
President Aquino was requested to solemnize the marriage of A and B. He obliged and he
solemnized the marriage. Can the parties rely on their good faith to make their marriage valid?
No, the marriage remains void. The rule is that the absence of the authority of the solemnizing
officer shall render the marriage void ab initio. However, if either or both of the parties believed
in good that the solemnizer had the legal authority to do so, the marriage is valid.
In this case, however, the parties committed not a mistake of fact but a mistake of law. Hence,
the same may not be the basis of good faith following the rule that ignorance of the law excuses
no one from compliance therewith.
a) Write legibly.
b) Follow the manner of numbering of questions in your booklet.
c) Observe proper margins (left, right, top and bottom.
e) Answer to next main question, should be written on a next page; but answer/s to sub-questions
may be written continuously on same page.