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Techniques in Answering Bar Questions by Atty Rey Tatad JR PDF
Techniques in Answering Bar Questions by Atty Rey Tatad JR PDF
* 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. The case of (i.e. ejectment) lies with the Municipal Trial Court.
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 to…
ELABORATING/EXPOUNDING ANSWERS
Go straight to the point. The length of answers and expounding the same, must always
be proportionate to the points allotted for such particular question. The higher the
points, the more in-depth the elaboration should be. However, it must not appear ―na
nambobola ka na‖. Sometimes, if your answer is too long, it is an indication that you are
not sure of the answer so there is that need of getting around the bush. Remember that
most of the times, MORE TALK, MORE MISTAKE!!! (I got this tip frommy professor in
Political Law, Dean Mariano F. Magsalin, Jr.)
1. It should be borne in mind that…
2. It must be noted that…
4. It is worth observing…
6. More importantly, ….
7. Significantly,…
8. Corollarily,…
9. Furthermore,…
10. Moreover,…
11. Similarly,…
12. Parenthetically,…
22. As regards…
27. The language of the law leaves no room for doubt that,…
30. For all its conceded merits, (i.e. equity is available in the absence of lawand not as
its replacement)…
41. Likewise,..
42. In fine,
45. By analogy,…
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,…
61. Notably,…
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…
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
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…
22. There is likewise an array of cases in this jurisdiction where the Supreme Court has
consistently declared 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…
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)
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.
14. The position of the petitioner runs counter with the doctrine of…
20. The court cannot countenance the (i.e. inconsistent postures of the petitioner)
25. The actuations of the accused in (i.e. fleeing and hiding) negates (i.e. innocence)
30. A contrary conclusion would erode the rule that provides in part that…
31. To sustain the contention would be to render the law on ____________ nugatory.
32. It would be absurd and incongruous to sustain the argument that…
33. It is not enough that…
37. The petitioner cannot give any additional meaning to the clear and plain language of
the law.
38. The Supreme Court, in several cases, has struck down the (i.e. defense of alibi)
39. The attendant circumstances of the case are contrary to the petitioner’s assertion.
40. The evidence does not support the theory of the petitioners.
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.
43. The (i.e. respondent) cannot rely on (i.e. mere alibis) to aid his cause.
CONCLUDING WORDS
3. Finally, …
4. Hence, …
5. Therefore, …
6. From the foregoing, it can be deduced that there is really (i.e. a violation of…)
8. Lastly, …
9. Consequently,…
16. Undoubtedly,…
17. Indubitably,…
18. Clearly, the case at hand falls squarely within the purview of…
24. Clearly therefore, applying the aforecited ruling in the case at hand,…
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)
38. Accordingly,…
· 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. Don’t 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.
· 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)
· 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.‖
· Don’t blame yourself or don’t panic if you failed to answer an item or two. It’s 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 don’t 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.
. 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.
. Review your answers. Scan your booklet before submitting the same. Be sure you have
not left any question unanswered.
——–GO O D LUCK! ! ! ——