TECHNIQUES IN ANSWERING BAR 12.

It is akin to
QUESTIONS BY ATTY. REY TATAD JR. 13. The function of which is to
14. The office of which is to
REASON/S BEHIND THE LAW ENUMERATION
1. The purpose of the law is 1. In capsule form, the following are the elements
2. The law is designed to of the crime of
3. It is intended to shield
2. In a nutshell, the following are the
4. It is primarily aimed at protecting
elements of the crime of
____________ from unwarranted __________
3. The following elements are generally
5. The rationale behind the law is
considered in the determination ofthe
6. The spirit of the law is to the effect
presence of (i.e. employer-employee
that
relationship)
DEFINITION / EXPLANATION
1. ________________ is a comprehensive term used 4. Among the (i.e. defenses/remedies)
to describe _________. available to (i.e. Mr. X) as provided for by/in
2. _________________, in its generally accepted the (i.e. Civil Code) are:
sense, refers to . (1)
3. It is a safeguard and guarantee provided by (2)
the 1987 Constitution.. 5. The following are the requisites for
4. It is a kind of relief granted to a 6. In order that a case for (i.e. B.P. 22) to
______________ by the
prosper, the following elements must
5. ________________ is a branch of public law (or
private law) which deals with.. be attendant/present:
6. It pertains to 7. To constitute (i.e. homicide), the
7. It connotes a . following requisites must concur:
8. is a doctrine in (i.e. Civil Law) which refers 8. (i.e. Legal compensation) requires the
to
concurrence of the following conditions:
9. is a principle in (i.e. Criminal Law) which
states that 9. To establish a persons culpability under
10. It presupposes (i.e. estafa), it is indispensable that
11. Its principal identifying feature is..
* Tips on answers that require enumerating
something. (i.e. elements). If you can enumerate
all, write it in bulleted or numbered form
to highlight the fact that you know all of them and
for more convenient-reading purposes. If you
cannot enumerate all, write it in paragraph form
so that it would not easily be noticeable that you
missed something. (I got the above tip from our
mentor Atty. Gafar Lutian)
DISTINCTION
When being asked to distinguish, do not state its
definition. If you give its definition, you are in
effect asking the examiner to extract out the
differences of the two [or more] from your
definition. Do not also give their similarities. You
are asked to differentiate and contrast, so
similarities are not included (That was a tip I
learned from my professor in Civil Law Review I,
Atty. Virgilio Gesmundo).The number of
distinctions you will give must also be
proportionate on the points allotted for such. If it
is only worth two points, do not give 8
distinctions. The examiner cannot give you 8
points for that. For a two point distinction
question, perhaps, three would be enough (four is
not too much).
1. The (i.e. two) may be distinguished from each
other in the followings
ways:
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 latter
4. The former requires while the latter
5. on the other hand ______________ is
ANSWERING QUESTIONS WITH VAGUE
FACTS (or which 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 __________ is
concerned)
3. The question requires a qualified answer.
If
4. I will qualify. If
5. On the assumption that
6. My answer must be qualified.
JURISDICTION
1. 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 Trial Court)
4. It is clearly within the powers of the (i.e. Labor 5. It must be taken into consideration that
Arbiter) to
6. More importantly, .
5. The case of (i.e. ejectment) lies with the
7. Significantly,
Municipal Trial Court.
6. The case is cognizable by the (i.e. 8. Corollarily,
Regional Trial Court)
7. The case is covered by the (Rules on 9. Furthermore,
Summary Procedure).
10. Moreover,
8. The law vests upon the (i.e. Secretary of
Justice) the power to 11. Similarly,
ELABORATING/EXPOUNDING ANSWERS
Go straight to the point. The length of answers 12. Parenthetically,
and expounding the same, must always be
proportionate to the points allotted for such 13. In other words,
particular question. The higher the points, the
more in-depth the elaboration should be. 14. Otherwise stated,
However, it must not appear na nambobola ka
na. Sometimes, if your answer is too long, it is an 15. Simply put,
indication that you are not sure of the answer so
there is that need of getting around the 16. Simply stated,
bush. Remember that most of the times, MORE
TALK, MORE MISTAKE!!! (I got this tip frommy 17. Stated more concretely
professor in Political Law, Dean Mariano F.
Magsalin, Jr.) 18. The reasons are obvious. (expound)
1. It should be borne in mind that
2. It must be noted that 19. The reasons are well-known. (expound)

3. It may be recalled that 20. The reasons are plain. (expound)

4. It is worth observing 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),
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
doubt that,
28. Justice and fair-play dictates that,
29. Applying the principle of.
30. For all its conceded merits, (i.e. equity is
available in the absence of lawand not as its
replacement)
31. The law is categorical with regard to
32. Notwithstanding the (i.e. execution of the
document)
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
discretion amounting to lack or excess of
jurisdiction)
49. Needless to stress that
50. It goes without saying that
51. The Supreme Court frowns upon the (i.e.
illegal practice of forum shopping as it erodes the
administration of justice and makes a mockery of
the justice system).
52. There is no denying in this case, that (i.e. the
petitioner never raised the issue of jurisdiction
throughout the entire proceedings in the trial
court; case of Tijam vs. Sibonghanoy)
53. It is now too late in the day for the
respondent/defendant to (i.e. raise the issue
of )
54. Equally telling is the (i.e. factual finding of the
lower court) that
55. The gravamen of the (i.e. the crime of
rebellion is an armed public uprising against the
government)
56. It cannot be denied that (i.e. the petitioner is
also guilty of negligence)
57. Attention must be drawn to the fact that
58. ___________ and ____________ are two mutually
exclusive remedies. An application of one
precludes the application 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 PROVISIONS
1. No less than the (i.e. 1987 Constitution)
provides for the
2. The (i.e. Rules of Court) substantially provides
in part that
3. Under the broad principles of (i.e. due process
clause)
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 fiat
QUOTING SUPREME COURT DECISIONS
1. The Supreme Court in one case, had the
occasion to rule that
2. In a long-line of cases decided by the
Supreme Court, it has always
been (consistently) held that
3. In a litany of cases decided by the Supreme
Court,
4. In a long-string of cases decided by the highest
court of the land,
5. According to several cases decided by the
Supreme Court,
6. In a series of cases decided by the Supreme
Court,
* Do not use the words series, litany or long-line
if there is only one decision/jurisprudence for that
topic.
7. In one case decided by the highest court
of the land, it was held that
8. In one case, the Supreme Court ruled that
9. It has been said that
10. In a recent case, the Supreme Court has laid
to rest the issue of whether or not
11. It is well settled in this jurisdiction
12. It is well settled in this country
13. The Supreme Court has steadfastly adhered to
the doctrine which states that
14. In a case with similar facts, the Supreme Court
ruled that
15. In several notable Supreme Court decisions,
the highest court declared that
16. The Supreme Court has often stressed that
17. In the landmark case of _____________, (if the
case is so famous) the Supreme Court laid down
the doctrine which substantially provides that
18. In the leading case of
19. As enunciated by the Supreme Court in one
case,
20. The court has repeatedly ruled
21. A case in point is a case already decided by no
other than the highest court of the land, where
the Supreme Court held that
22. There is likewise an array of cases in this
jurisdiction where the Supreme Court has
consistently declared that
23. Deeply rooted is the jurisprudence which
provides that
24. In one case, the Supreme Court was emphatic
when it ruled that.
EMPHASIZING CASE DOCTRINES /
JURISPRUDENCE
1. It is hornbook doctrine in (i.e. Civil Law) that
2. Immortal is the rule that
3. Well settled is the rule
4. Well entrenched is the principle that..
5. Elementary is the rule that..
6. The cardinal rule in (i.e. labor law) is that
7. It is a familiar canon in (i.e. political law) that
8. By well settled public law
9. Basic is the rule in (i.e. Criminal Law)
10. It is an elementary principle in
11. It is a fundamental doctrine in
12. Well accepted is the rule that
13. It is axiomatic in (i.e. Civil Law) that
14. Enshrined in the 1987 Constitution is the rule
that (i.e. no person shall be deprived of life, liberty
or Property without due process of law)
15. Consonant with the rule on
16. It is a recognized doctrine in (i.e. Civil law)
that
17. It is a basic tenet in (i.e. Commercial Law)
18. Consistent with current jurisprudence
19. It is a legal presumption, born of wisdom and
experience, that (i.e. official duty has been
regularly performed; that the proceedings of a
judicial tribunal are regular and valid and that
judicial acts and duties have been and will be
duly and properly performed. The burden of
proving irregularity in official conduct is on the
part of the petitioners.)
20. It is an oft-repeated rule that
21. The Philippines adhere to the principle of
REFERRING BACK TO THE CASE (correlating
the facts with the law/jurisprudence)
Note: In my personal opinion, it is not proper to
use the statements in the case at
bench or in the case at bar when answering.
Although I guess it is very tempting
because it sounds good and professional to state,
in the case at bar/bench, we must
not forget that the cases given in the Bar are only
theoretical. The statements in the
case at bench and in the case at bar are more
appropriately used in pleadings in
court. After all, you can use the statements In the
instant case, In the facts given, Inthe problem
given and In the question presented.
1. Applying the said law/doctrine in the instant
case,
2. From the facts given, noteworthy is the
3. From the facts of the case, it is readily
observable that
4. In the instant case, it may be observed
that
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 follows
10. It goes without saying
1. Even assuming arguendo, for the sake of
argument that
12. 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 that
21. Worth emphasizing is the fact that
22. The facts would reveal that
23. A careful perusal of the facts of the case
would reveal that
24. A careful scrutiny of the actuations of the
accused would reveal that
25. A careful reading of the (i.e. Deed of Absolute
Sale) would reveal that
26. A cursory examination of the
ANSWERING IN THE POSITIVE
1. 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 the
11. 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.
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)
is inappropriate. The doctrine of does not apply
in cases where / of
11. It is a futile gesture on the part of the
respondent to invoke 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 the doctrine of
15. The case will not prosper.
16. The case is not tenable.
17. The act of the accused in is of no moment.
18. The assertion lacks substance.
19. The decision is erroneous.
20. The court cannot countenance the (i.e.
inconsistent postures 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
and hiding) 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
41. There is no cogent reason to disturb the ruling
of the (i.e. Court of Appeals)
42. The claim for (i.e. moral damages) must
necessarily fail.

29. It is not accurate to conclude outright that 43. The (i.e. respondent) cannot rely on (i.e. mere
alibis) to aid his cause.
30. A contrary conclusion would erode the rule CONCLUDING WORDS
that provides in part that
1. From the gamut of evidence on hand, it can be
31. To sustain the contention would be to render gathered/deduced that,
the law on ____________ nugatory.
32. It would be absurd and incongruous to sustain 2. Taken all together,
the argument that
33. It is not enough that 3. Finally,

34. The fact that is immaterial since 4. Hence,

35. The fact that is irrelevant since 5. Therefore,

36. In itself, mere is not sufficient (i.e. to 6. From the foregoing, it can be deduced that
warrant conviction). there is really (i.e. a violation of)

37. The petitioner cannot give any additional 7. From the foregoing, it is now safe to conclude
meaning to the clear and plain language of the that.
law.
38. The Supreme Court, in several cases, has 8. Lastly,
struck down the (i.e. defense of alibi)
39. The attendant circumstances of the case are 9. Consequently,
contrary to the petitioners assertion.
40. The evidence does not support the theory of 10. As a necessary consequence
the petitioners.
11. The logical implication is that
12. At any rate,
13. In view of the foregoing,
14. As an inevitable conclusion,
15. In the light of the circumstances,
16. Undoubtedly,
17. Indubitably,
18. Clearly, the case at hand falls squarely within
the purview of
19. Verily, he/she has committed
20. For this/these reason/s, it is unavoidable to
conclude that
21. Based on the facts obtaining,
22. In this light,
23. This being the case
24. Clearly therefore, applying the aforecited
ruling in the case 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
the three, when analyzed and taken together,
leads to no other conclusion except that (i.e.
conspiracy among them existed)
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
during your break). Most or a significant part of
our time reviewing is sometimes spent on non-
sense (or not so important) texting-replying-
texting-replying. There is a time for everything.
But when you review, avoid interruptions. Cellular
phone, believe me, is one of the major
interruptions. Although it is hard, why not sacrifice
a little for the sake of being a lawyer.
Believe in yourself. If you will not, then who do
you expect would believe in you. (Tip from Sir
Bubut Cayco)
Choose a study buddy if you want. But
sometimes it is better that you do
not have one. More study buddies, more
interruptions (more kwento). Without you knowing
it, tapos na araw or September na.
Before starting your review, be sure that the
tension has already subsided. (Specifically starting
the month of July when tensions really soars
high for most Bar candidates) Bear in mind that
we can comprehend more if we are in a relaxed
state of mind.
Set your own pace. Do not compare your pace
with others (like asking others, ilang reading ka
na?) This is not a rat race. Quality
reading(studying/reviewing actually) is what is
needed. Bar does not dwell on the amount of
pages/books you have read, it is more of how
much you have mastered.
Do not memorize without comprehending. When
mental block occurs, you cannot recall even a
single thing. Moreover, in applying the law in a
given theoretical case problem, for sure you can
hardly answer the same if you have memorized
without understanding.
Do not highlight the entire reviewer . Sometimes,
the problem with highlighting is that it becomes
our security blanket that we have read
and understood what we have read. But more
often, we have not.
When you have a query or some matters in mind
that needs clarification, just write it in a piece of
paper, pag marami na, ask it to a professor you
believe is competent in that field. Dont ask your
co-barristers. It might only end in a debate and
waste of time, when no reliable answer is
concluded. Remember, time is precious during the
pre-bar review.
Set one day for recreations alone. It could
rejuvenate your energy and create hunger for
review the following day.
Attend to the needs of your entire being.
Physically, mentally, emotionally and spiritually.
This will also help you avoid being exhausted in
the review.
Take vitamins and take your meals on time.
BEFORE THE BAR EXAM PROPER
Make sure you have enough and complete sleep.
A well rested mind can answer and articulate
better.
Pray
Review the material you personally believe is a
good last minute tip for you.
Compose yourself, your mind, heart and spirit.
Focus on the exam alone and not on the fear of
failing. Stop or reduce your tension. Tension is
normal, as long as it is at a moderate level. After
all, you will already be taking the bar, no turning
back. So might as well do your best. And you can
only perform well if you are in a composed mind
and heart. (I suggest you close your eyes. Inhale
then exhale as you count one to ten. It might
help)
Boost your confidence by telling yourself
Walang (your surname) na di magaling. Or tell
yourself What kind of celebration will I do if I top
or at least pass
the bar? at least you might laugh kahit kabado .
DURING THE BAR EXAM PROPER
I suggest that before answering, formulate on
your mind what will be placed on your first,
second and third paragraphs. The first paragraph
normally contains a one-sentence direct to the
point answer to the question. The
second paragraph commonly contains legal basis
(provision of law in point, jurisprudence, co-
relation of the jurisprudence/provision with the
facts of the case and application).Third paragraph
normally contains the conclusion. When you are
already decided of your answer, write it according
to your thoughts. In this approach, you will
not only be avoiding unnecessary revisions and
erasures, you will also maintain the cleanliness of
your booklet. Bear in mind that, a dirty booklet is
irritating to the eyes of the person checking the
same.
Allocate the time depending on the number of
questions.
Answer each question one at a time. Focus on
one question before thinking or bothering yourself
of the succeeding questions.
Do not stay in a number for so long. Leave at
least a sheet for a 5point question. Go to the next
number if you do not know the answer. If I am
not mistaken, more than one (1) bar candidate
had not succeeded because of stocking himself /
herself in an item he/she does not know the
answer of. As a necessary result, he/she failed to
finish the exam. As one of my friends told me, No
matter how grossly wrong your answer may be, do
not ever leave an item unanswered. Malay mo,
may points for the effort/ink .Kidding aside, a
blank sheet will surely get an automatic 0 point.
So better answer all.
Dont blame yourself or dont panic if you failed
to answer an item or two. Its perfectly normal.
What is abnormal is if you failed to answer
questions that you know 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, avoid passing your booklet too
early. The time allocated for each subject may be
too much, but it must be used wisely to: (1) write
legibly, (2) compose your answers properly, (3)
avoid erasures, (4) observe proper margin, and (5)
review your answers. After all there are no prizes
for early finishers.
AFTER A BAR SUBJECT (OR ENTIRE BAR
EXAM)
Do not discuss answers. It is futile because the
booklets had already been submitted and it could
greatly affect your performance for the
remaining subjects. If your noble reason on asking
about the answers is for you to know the same, I
suggest that you wait until the exam results have
been already released. For self-preservation
reasons, for sure you will be anxious and fearful if
you would discover that you have incurred (just
for example) 10 mistakes.
IMPORTANT REMINDER IN ANSWERING
If you are so sure of the answer, you can
directly answer yes or no. But if you are just
guessing or not so sure of the answer, you
better start citing law provisions
and jurisprudence first.
Logic behind: If you answer yes or no and it
happened to be wrong, chances are, you will get
an automatic ZERO (0) for that item. The
examiner might not read your answer anymore.
Come to think of it, it would be a waste 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,
nalito lang). Finally, at least, the examiner has
read all your answer and explanation
before grading you for that item.
CARDINAL RULES IN TAKING THE BAR
. Do not forget your test permits, Supreme Court
color coded Identification card, and other
pertinent documents/things as required in
the letter coming from the SC allowing you to take
the Bar.
. Bring a watch with you to keep you updated of
the time left.
. Never be tempted to cheat.
. Keep your focus.
. Carefully read and comprehend the instructions
and questions.
. Answer one at a time.
. Answer straight to the point. Be responsive to
the question. Answer only what is being
asked. Though it is tempting to showcase your
knowledge, do not over-elaborate.
. Avoid erasures.
. Do not hurry at the expense of substance (and
readability) of your answers.
. Leave a space before starting a new paragraph.
. Review your answers. Scan your booklet before
submitting the same. Be sure you have not left
any question 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. What is assured only is that it will greatly
facilitate the candidates presentation of his/her
answers.