Chapter 5 ANALYSIS AND ANSWe; QUESTION FRAMING 7 ‘A. Introduction ‘The Bar Examinations is @ process of communication retween the Bar exeminer and the Bar candidate. The Ber Canddate must convince the Bar examiner, in writing, that he Ger candidate knows the answer. Bar examination questions axe wien problems which require responses to be in wring ow to answer bar questions should be among the primary cancem of al Bar candidates. This is $o because answering problems isnot taught in law schools or in the Bar review Except forthe few who are lucky enough to have tutors, mes: Bar candidates are left on their own devices on how to ‘ana}yze and answer Bar questions. B. Aspects of answering Bar questions -Acavers to Bar questions consist of two aspects: he physica aspet and te niinsic aspect. The physical aspet has reference to the way the answer meets the vieual {postatons ofthe Bar examiner, wie the ininsic espe ‘ais wth the mental processes of the Bar examiner. These two require separate treatment, and a mast onan gould be gained only through the application of and aimiues discussed below through weekly st ts rowers £2" eraminatons. Reading the techniques teen, B&F Guestons could be compared 10 lectniques, bot yon. 2 car. You could master a ctl ing Ud not drive a car unless you Bracke Suesions Uris yt mith he techniques for answer We suggest that you unde iFtests Mocktar eaminatone Me? feauiar weekly $2 QUESTION ANALYSIS AND ANSWER Frat 4. The Physical Aspect of Y vp etait enpcl Aapest ot Yur Anew, re a rnin uma i ao cota spre cues btn hme erate! penante“Unraang in ooen ‘A common characteristic is the desir to see a clean and orderly physical presentation in an examination booket. ‘Time and again, during your student years, you were asked to maintain clean and orderly examination booklets. The reason for such instructions is for you to easiy corvey 10 the ‘examiner what you want him to understand. Afterall, even if {yout answers are intrinsically correct, you would not get any edit at all the examiner could not read your examination Booklet, It is also likely that a dity and badly presented ‘answer would ifitate the examiner, such that he would not bother reading your answer anymore. Bar examiners are pressed for time to finish correcting the examination booklets ‘within @ schedule given by the Chairperson of the Committee. sah trea eee mi abaethontsy nara ieveneac eam cnet me Scena os eee oom ees faith cause ea Sea . and Color of ink. “Wrie clearly an blue-black ink oly. Pencis legibly, Use blac, bive or Bue Black nk on. FS will no longer be used r Craminatons As a ue, 1,88 NOS Pe Silica cools trea” PWT Siok ang. Raves oF conaucT TO HE 2% BxsnACn‘errectve BaR REMIEW METHODS Marks. “Make sure no uncaley Me 8 et Cate should be taken not to ae evame woen no such, name i caed 49 rat wete any prayer to God nor any special le, 1o the examiner. Leaving or makig®s singuisting or identifying mark in the exam boa SGassited 26. cheating and can subject fe examines to disqualification for the whe fexainain.” (Append: C, GUIDE AND RULES op {CONDUCT TO THE 2015 BAR EXAMINATION) ‘ame, distngui one's ¢. Margins and indentions. The fist physical aspect of your answer which is easiy seen by the Bar examiner are your margins ant indentons. Maintain margins of at least one inch (1) on the left side of each page and at least one-hat inch (1/2) on the right side. Margins narrower than ‘hose suggested would make Your answers appeat cramped and overcrowded. Wider margins. woud ‘make you lose space and eventually result in you having o wite at the reverse side of the examinaton ‘olebook. This may make matters worse because ! the possiblity of blotting. Always. indent the fst sentence of anew paragraph, d, Numbering. The second physic! aspect of your answer is numbering. Some stud ate quite careless about this during classroom framinatons. For the Bar examinations, if Me ‘uestions are numbered in Arabic (1, 2, 3, etc.) thee umber Your answers in Arabic. If the questions quMbered in Roman numerals (I, I, et) Use syn YOU answers. Be careful as the numba "™ used is not consistent throughout the years: Where to start writing. The ti wing on cont ft Seleminaton of wes, eo {and spacing. You ‘me on te fat tne, but wheres the ft ue [QUESTION ANALYSIS AND ANSWER Frais Assume that ho ines below epresent txaminaton notebook. We your anova oe sen etn Likewise leave spaces bewaen ‘Write until the last line. — f. When to start a new page. The fourth physical aspect is when to stat a new page, The 2004 Rules on the Conduct of the Ber Examinations contained instructions which read: Start wring your answers on the page of the notebook wherein the words "BEGIN ANSWERING ‘ON THIS PAGE" appear.” ‘The instructions in the 2004 questionnaire states where to start each new number. The instructions reads: “Start each Roman number on a ssoparate page. An answer toa subquestion under the same number may be witten continuously on the same and immediately succeeding pages unbl completed.” We wam you though, to look at the instructions carefuly upon receipt of the questionaire because of the possibilty that the 2016 Bar instructions might be changed. Correcting mistakes. in corecing 2 mistake in your answer, simply daw 3 ne acs the word or words you want corected. DO NOT ERASE OR TEAR OFF ANY PAGE, OF THE NOTEBOOK. DO NOT WRITE YOUR NAME WTAE NOTEBOOK OR MAKE UNNECESSARY MARIOS (OR USE ANY IMPERTINENT EXERESSON Sort may be construed as a means of identiing oe notebook. x’ (Rules on the Conduct of Examination, 2004). indetions, tis Se cf ot Nurs he examiner YOU Aside. from ‘mans aspect is probably the most vs} Corrections immediately expose '°az rtecnve BAR REVIEW METHODS yo up your mind onthe reso sty es Conectons. normaly cos Ss neyo ri of he ari axiom an arse Tey pata ata tg our nave bere wae sreel beaming must to cone wea ani: Td rntod time. Invohed Fe Dei anata fo BVO Coreen arpa lr blow on planning and ws vara 2, The Intrinsic Aspect of Your Answer “Te intinsic aspect refers to the contents of your answer, te aspect which addresses what the examiner is looking for. The physical aspect is the wrapping or packaging. If the patkaging is bad, the examiner might not even look at the product However, if the packaging is good, you must now present the examiner wth a good product, othemmise, yeu ‘would not be successtul in getting the grades that you deste, a. Types of Bar Questions. When conftonted with a Bar examination problem, the examinee has to immediately categorize the question, whether ofthe objective type or of the fact centered ‘ype. The procedural process involved in solving Bat Problems difers between the objective type and fe fact centered type. & onectve paiuestions. In provius | ination, the Bar Com r EA fpamitons, the Bar Commitee gave intuctons folowing nature: the effect that questions should be of “1. Case type questions, none ‘wich calor pre memorization. Reasonable questions, ‘hich call for pure memorization.” (lot of bar candidates got the shook 10 Wes wen contented with these type of qveeSo™ = - e ‘QUESTION ANALYSIS AND ANSWER Fauna You should be prepared for uetone which the objetivo ype because is vey we thee uch qUestons Were eked," te insane rotwthstanding, Furbemere, R woud be dangeroos iPro fatal 10 ignore memetcng some Sete tnumeratons and: distros as thre are ara essay ‘pe questions Which rogue treueige Glemonts of corn legal rues" or pcos For trample, the somata of speci cine have lobe Imomored i you want ta igh grace in cal tow 1) Examples of Bar questions asking for definitions a) What is the doctrine of piercing the veil of corporate fiction ? Explain. Mercantie Law, 2008) b) What is the hearsay rule ? (Remedial Law, 2007) ©) Explain the automatic renewal clause of collective bargaining agracments. (Later Lew, 2008) 4) What is dlito continuado 2 (Ciniral aw, 2009) ¢) What is the rotational scheme of appointment in the COMELEC ? (Pita! a, 2010) bout the f) What do you understand about, the “precautionary principle” under the Rules of Proved for Environmental Cases ? (Remedial Lov. 2012) @) What aro de minimis benefits and how are they taxed 2 (rexation Law, 218) 2) Examples of Bar questions asking for enumerations aea errecrwe BAR REVEW METHODS ye at feast three (3), exam, ‘aNins® which Justify the taking ta a «oneal custody of her child under seven (7) yest ‘me ge, (xt Le. 200) what evidence of identity does to amy 2 gona ratio roqute Before a notary pub fs ya is notarial seal andl etn docinoy oa iy on maul whom the notary pub dy rrpesonaly know ? (ties, 2007) What issues or disputes may be te ’ itration under the Labor Code? subject of voluntary ar (laportan 208) 4) What are the essential elements of a vaid ion for a people's initiative to amend the 187 onsitution 2 (Petal Law, 2008) of the “Battered ©) Whatare the three phast Woman Syndrome ? (Criminal Law, 2010) f) Who are required under the Constitution © submit a declaration under oath of his assets labile and net worth ?(Potcal Law, 2012) 8) Whatare the grounds for a labor injuneb? totes pa tiatam tm grounds fora bor Mf 3) Examples of Bar questions asking for distinctions ‘ ap diteentiate an elect protest fom {uo warrant, Potcal Law, 2008) by Distir nd consi inguish 0 ice rater igus between an accom »— QUESTION ANALYSIS AND ANSWER FRAMING c) Compare the certiorari jurisdiction of the rome Court under the Constitution with that und ‘Supremof the Rules of Court. (Remedi Law, 2008) Rule 4) __ Distinguish civil and natural obligations. (cil Low, 2019) 1D. _ Steps in answering objective questions 4) "Read each question carefully for is fu and. complete understanding. Pay particular ‘Mention to the directive or direction words the essay Question uses. Examples of direction words are Zigue, compare, contrast, define, decie, | and Siatinguish. The answer should respond to what these lion words exactly requite.” (Appensx Gece! AND RULES OF CONOUCT TO THE 2018 BAR EXAMINATION) ted that you should always read yttom ofthe problem. Take note re normally preceded by the ofine, distinguish. You It is suggest the question atthe b« that objective questions ar ‘words What, cite, enumerate we beable, during your reading. 10 dissect whether the number 1s composed of objective UWlostione only or two pars: an objective question and aan essay question. 2) Quick recall of egal concerts. your answer revalze the length of 3) a a ‘have limited ‘You must do this considering that you Doriod of tie in reading, analysing, nd wrnnd Yo eee” You must do this very fast otherwise Yo! answer. ot be_able to finish the examination on Ore. would note. araiy have 2 mines and 24 S8Cnoe Pee waaa to ead, analyse and wile dove, Yee answer to a one (1) pol table illustrates the time linitation int question.errecr¥ve BAR REVEW METHODS ’ 1, Time allocation or answering Table endent upon the number of ome stone No, of points Minutes/seconds ! 4 Point 2 Minutes 24 Second 2 Points 4 Minutes 48 Seconds 3 Poin's 7 Minutes 12 Seconds 5 Poinis 42 Minutes 4) Write your answer. 5) Review your answer. “Answers shit aivays be proofread. Because an essay exami ay 2 fat ofthe examinee's writing abit, he/she soit Spend some time to review his/her answer. Look msfakes in grammar and punctuation, check fr msspeled or missing words and omit needest Words AgpenciC, GUIDE AND RULES OF CONDUCTTO ‘THE 2015 BAR EXANINATION) E. Suggested “diskarte” for answering questions. The author suggests that the examinee we “dstrt in answering questions in order to get ful rl Justo even complete the examination. This is special when the answer is rather long of when the examinee # ‘ue ofthe answer. There ate various ways by Wt feraminee could expose a complete answer o” camoufage among which includes: 1) Shortening a long answer: 2) Exposing a complete answer 3) Camoufiaging an incomplete ans veto, lustations of the “asia US consider te following question. What condi and Peau tions must _prevall ° Iustiyeret: If any, must an employer com, es ! ! instore @ Valid retrenchment program ? ‘QUESTION ANALYSIS AND ANSWER FRAMING The suggested complete answer to question is as follows: the above “(a) _ In the case of Asian Alcohol Corp. v. vo. tft nar 2S a ea a. No Tequretents fora val retencimen pogrom ich ie {Se proved by tear and convncirg rene st} usp forenchment i ensonetly necessary and tl o inal on business losses which, aeady oud, ae ot brovgy de minis bu subanl, sefa.sacual and rel or wey lorpected. te. reason iment 23, peeeved ortecvly andr good ath by tho employer 2 atthe ca ssyor sowed a wien net bth oe enleyes and wre Doprtment of Labor ard Employment sees one tog pa fo tho toned date of eercment. (3) The ort be pay the reverchedenpoyess tepaton ay wreetent ene mon Fay ofa ens ore roth payer cay rat of sore, wncreer shige) tat te erty exrees ts pergave fo eben onpaees amet rhe aavenconent of ts mrt and ot Ser cecurwont te employees rit fo sciy of ete, nd te ele sed far ad resenate cere gatenaiing who woud be Game ard wie Sita caine rong te empoyens, sich 28 5 (8 Wether toy are tmparry, cae equa o anaotl femployees), efficiency. seniority, physical fitness, age. a ace cert wertrs, (UP am Cat facil a rs te 201 Bu eat UP Law ete 00 “Try copying the above completo answer on one of your notebooks, observing the rues 07 recentaon: You wi nd oat that ti ater SACU ewe the complete answor wthin the tere avalible, Wi? ‘case is 4 Minutes 48 Seconds morons, 2c examina improbable to finish the compl ae ‘wore abit ain som time dug the eal oe, ‘examination by being able to 0 faster rate than the time alloted “erecTive BAR REVIEW METHODS, | ing between writing a complete ay / wosing rerbe tne oer questions, and not writing gat log te aly you kno the -answe) san unpae st oo pear Exitos. The anne m gain in completing yOUr answer woug alent tote pont you Wil o8e fr the questions yy hautof time to answer. a) Shortening a joy eae fons teme a oat presenting a shorter answer could te eliminate the source quotations, ang j simplfy the enumeration without tunctng the main points b) Exposing a complete answer. You expose a complete answer ranging the enumeration ina. veried manner” using the Arabic system rumbering. In this manner, the examine ‘could readily see that you have wien Be compote enumeration. If an enunerisn {question i given, itis highly probable hat he examiner is expecting to see the enumerated items. In the given Labor La 2001 question, the examiner would be © fve (6) tems in the enumeration. If he 22 umber five (5) ne may not even read MH eswer at al. The examiner has a ited Pe! within which to review the answers The “dlskartet for shorting 8 fer answer and exposing the complete, 2m, the above Labor Law, 2001 Bar ues ilustrated below. The case citation gs long prefator tems I sum’ (3 peor statement areal @ ; 3 tot® folowing are the _ conditions valid retrenchment program: i ‘QUESTION ANALYSIS AND ANSWER Ratan fares eee soot nse ea Hl aval se yma eres tiara eee sro ana i lsat ia nae ee ee nc as am utenti wars tm ern Le Em concen TTS ae ) How to camouflage an incomplete answer, you know hee aro We (8) ems but you hve frgoten teas one of te rogoraent, en ty 10 Cmenape you comple newer sea Gf asoping tne vera oma whch exposes ar drat you shou see Hotei met whch amen see or [compl answers 8 done by aang verter herzonaly wot Mane Toto ys 2001 Using the same Laber Laws 20 question, the incomplete answer may be ‘amoutlaged in the folloing manner. the conditions and @ ( re (0) The folowing are the Stet The tequretenis fora valid reed a trenchment is inten to prevent losses, and mus teanonaynecocary to provert such oss. Sn Eas tensonaby necessary er Ist be tbr ar ne ea ore in gd fy ate noteos bo © woes re Deparment of taberand empoyant ens ee before effective date of retrenchment: %al rrecrwe BAR REVIEW METHODS fara apy oriat9 0 1 ae seer sasiny | etfs onan ona a ee tea a Wear ee need Saye oe geet eric Youre doy a Ein ar Sone ee Te no ue bone vat ‘There are other suggestions on how to camouflage Incomplete answers, ke spiting one item into two items, repeating one item. or delberately omitting a middle number 'n the numbering, and other similar devious methods. We do ‘ot recommend, the use ofthis last group of suggestions, as you could pass the Bar without resorting to unethical means. F. The lion and topping the Bar. What looks lke oe like @ fon, struts like a lion, and smells like a lion manera ea oa te ment your answers like a Seni a eT os 368 lite a Bar topnotcher, then you a Dann any Mass, a Bar topnotcer, then The foi i 7 19 discussion on how to answer Bal Tere 2° sated using as examples answers of Bef Teaser should ne rntetical questions and answers. Te ror setoul to tat 9 great numer of the usta0o8 ose Ber tpoltas before World a Revener oy mets wate taken from the book, “Te This fe so pore, ® OF. Arturo Tolentino, a former Senay Petsonally kneat2 80me Bar topnotchers that the auto, ‘he ilusratve 9218 eluctant to have their answers be Pa. the author nas coPS. They have their own reasons Whi? il NOt delve into, ‘Some of the author's ‘answers oy _ QUESTION ANALYSIS AND ANSWER FRAMING ade meteoslneitncnagle Sou be leamed trom these erros which shall be Seman ee, ame he, om ew lth pe cmpaton wt he Pde ord Table 12. Top Ten Bar Grades 2003-2015 ‘YEAR AST PLACE AO PLACE 2003 83.531 e449 2008 87.45 553 2008 87.20 e485 2008 8760 8550 2007 83.55 090 2008 85.70 870 2008 84.00 85.10 2010 89.00, 8435 2011 05.5%, 3727 2012 85.68 8125 2013, 8580, 5560 2014 85.50 83.95 2015 87.4 5.75 The author does not in any way suagest that the answers’ inthe past are stil coed. Instead what he Suggesting is that the presentation of the answers shows serve as a model for the answers that the exarinee wil is in tis. examination booklet. There shoud eno Savet 2pying. of the technique. The reader shoul, wove Constant practice and exercise, ty to adopt a tecnigue is comfortable with considering the advantages ‘isadvantages ofthe different approaches. 1. Illustrations of answer ‘ype of questions using answers topnotchers: rs to object of Barerrectwe BAR REVIEWMETHODS a. 1913 International Law 9, question ar pifernces between Private International, ana pubic nteraonal Law: (2) With respect to paras sad rue a) With respect to acts to Which they rtgn afte ity respect to the remedy applied. i ANSWER: Differences between Public and Private; (a) Publc - regulates the ‘elation betwen, soverelgn states Private - those of private individuals involving ‘foreign element () Publc—of a public character Private - of private character conceming paiva individuals only 6) Publo—war or arbitration or mediation Private - rights of the parties enforced in ‘courts of justice. (Manuel Roxas, 100% International Lay, ‘Plce, 1913 Bar Examinations) 1918 Civil Law Bar Question Howis possession acquired 7 ANSWER: Possession may be acquied in th {otowing twee ways 4. By material occupation, as when we catch @ id bid that's material seizure or holding. as a5 Zhan ee subjection of things tothe action oot Vit 2 hen te ky toa room where funiture 6 Bat ou hands so that at anytime we may take os 3. _By formal acts and legal formaltis. Te ‘od takes place, for example, when incorpreal rats 2 0 us andthe writen document or instrument is 208 inte * Iga pcos we anc tm QUESTION ANALYSS AND ANSHER Frauig c. 1929 Civil Law Bar Question bifferentate between morga stipulation for repurchase, ‘ANSWER: 1, Mortgage is an accessory contact whe sale con pacto de ret Is a principal contract 2. In sale with pacto do retro the ite is conveyed in morigage not. 3. In. sale with repurchase, possession is transered: in mortgage ts nol transfered “In sale with repurchase, tie inthe vende ecomes absolute the moment the peed for redemption Mepres in. modgage, foreclosure. i necessary whether lal or extrajudicial, (Jstriano Mota, 10% Ci Law, 2 Face, 1629 Bar Examination) ‘and sale with G. Essay type of questions. Present, al Bor questions in the Bar are th essay type questons, whether Sbjective questions or not. However, the author has classed Bar questions into the objective type of questions, and essay type. AS seen previously the objective type, athough Generally 10 be answered using the essay type, are in the form of definitions, enumeraions, and distncions. There ae no extended discussion unike in the questions classed by the author as essay type of questions which conta Aiscussion of the subject. 1. Classification of essay type ot questions. The manner of analysing and comer oe ‘Uestions cfs In accordance wih the pe, oer Guestons, Wile this isso, the approach ao smal © ‘ther although there exists dferences as shown estos “There are basically two types of e582) 9° tho ft ype ae shal cal, tesa Seton questions; and the second type, the “ac-baset Pot she fist H. Theoretical discussion questions, tein ‘ype, the theoretical discussion questions owerecrve BAR Review METHODS set of facts. You Would be requi catan trecetical concepts. Ths yea the second part of @ purely one! i presentation eee ‘qesion is usualy cueston 4, Examples of theoretical discussion questions. Same examples ofthe theoretical discussion este are the folowing ‘a. Maya Regional Trial Court Issue injunction without a bond ? (Remedial Law, 2006) b. What is the nature of the taxing power of the provinces, municipalities and cities ?/ How will the focal government units be able to exercise thelr taxing powers? Taxation, 2007) ©. Are human rights violations considered as crimes in the Philippines 2 (Crimiral Law, 2008) 1d. When is there an ultra vires act on the part corporate officers. Mercantie Law, 2008) © Definefexplain the followin A. Doctrine of operati B. eo yoratic De facto municipal cor - (Poitict Law, 2010) . ps f. A contract to sell is the same 3 # conditional contract of sale. Do you ye 7 ne ‘Your answer. (Cit Law, 2012) > The void for vagueness doctrine © * o Concept which means that (Poitcal Law, 2014) When does. the recruitment of wore h. eco me an act of economic sabotage ? (Labor Law, 20"9) [QUESTION ANALYSIS AND ANSWER Faas 2. Steps in answering Theoretical Discussion Questions: You must be fortvight in nswering tis type of question, by going dec tothe pont ang making your reasons stand out. The flowing seps shall fretp you present a good ansver: 41, Read the question carfuly. Take note that in most of the questions ofthis nature you ere requited to do one ofthe following ‘a. Enumerate certain items, then discuss what you have enumerated b. ems are given for you to discuss. ‘c. Answer 8 yes or no question, then discuss. It is important for you to understand what, the ‘examiner wants you to do, otherwise your answers would Pot be responsive to the question. 2. cal tho croc oa ue 10 26. ‘cussion required by the examiner. Athough the exarcer this does not mean that you ae fee to espouse You Tet theories” relative to the matter at hand. Your answers Ton ways” be anchored upon the bedrock Oh te Jurisprudence, as well as upon the opinion ost ‘whose opinions are valued because Of Yet St pet Pracice. This is the safe way to proceed, WE AE ay theories may have the element of novel te are toy at reaiy'sae the “igh, and WUE 20 oo tpn ou since you are presenting yOu" ‘P2l Mores ery ine Probab nota he awe oH om FSrrect¥ve BAR REVIEW METHODS: tod views. side by side with yoy, conan Sere eit he POEs thal th xe tong ou Perel AMS. IN presenting i pg views, the canger ists that YOU might run qt coin eyo might ot be ale fo manage the dopa freon end your answer woul only Confuse the examina, in pion aa proceed is ust ty to recollect the apprep egal ue to ply 3, Beginning one's answer is the most ticut hase of answering. Once you have written the frst word, you fave already committed yourself to a certain position. nso doing, the only avenue open for you should you decide a ‘change that postion, would be to cross out what you have ‘writen, This in turn would create a negative impression. Besides, you threw away the time spent in writing what you would just cance Its of great importance that before you write the fst wor in your answer, raft and visualize in outne frm how Youare gong to answer the question. Of course you must do this very fast because of the imited period time alowed fr you 10 answer questions. You are allowed 10 use the ‘examination queston sheets as your scratch paper if you ould not visualize your answer in your mind. If you are It ‘doubt whether you could write on the examination question ‘sheets, ask the examination watcher. Preparing an outline Would guide you in limiting your discussions to the barest ‘sssentials given the tme available to you. Be judicious 1 ee tie o not you shoud sil draft an cael nage points do u Imraan os ona exceed 3 pois. You 4, ‘Your lead statement should impress the examiner 4 ‘Sur nin sppert your answer by legal 12380" ‘'ovoh te explanation of the ogal nis vowed. #94 100 {QUESTION ANALYSIS >ND ANSWER Frain seer ee ns iets Se em, to 5, Write your answer. 6. Review your answer. “Answers should always be proofread. Because an essay exam is aso a testo he Pxaminee’s writing abilty, belshe should spend some time to Ghiow hisher answer, Look for mistakes in grammar and punetvation, check for misspelled or missing wards and omit Peedless words.” (Appendix C, GUIDE AND RULES OF CONDUCT JQ THE 2015 CAR EXAMINATION) 3. Illustrations of answers to theoretical discussion type of questions using answers of Bar topnotchers: ‘a. 1913 Remedial Law Bar Question Upon what ground is hearsay excluded? ANSWER: Hearsay evidence is excused upon the broad grounds of public poly. It excluded upon he sound theory that no man cen better expres his eas than Ne timsalt, A ‘perfect knowledge of human tire must conmend is rl, for very elas a a thal 9 89 tan repeat in court what another has tld him regard porteiar fad and the aflonance of te eene wou td {0 innumerable frauds and, to. rat veyance, Decide the confcting claims.” To identity the Jaga issues | oe al issues for this type 0! Soa 80g out end naiycng what ine goes ted geo BersOn's rights and obigaler ‘anon cf Ramon, stow whois n B= 16 a. (QUESTION ANALYSIS AND ANSvER Frau saith quate enfants ean ott maybe noted thal tho ealeby.aee een ow Sg god Nee I You coud mney cee at the facs that preseipion vs. co-ownershipisinvohed hee, te fee above Darin mind ta re sae Pe patica oll on Genesee ne Ke ial eareaeembd poreapreaee ae yar eet pees: is Sa ae elena en In the third kind of analytical process, the event-by. event method is used. In this type of probiem, timo is a material element, €.9. prescription of certain ats, or flue to do acts required to be done within a particular time frame. An ‘example of a problem which requires ths type of analysis is @. XVIl, Taxation, 2002 Bar, shown below, withthe key facts Underlined for ready reference: ‘Me, Chan, @ mandactrer of gomonts_was investigated for fate to lo tox els ano py tes Iho ius your 991 Despite spoon eves tc Iau nine luce to oresen and submit ook of eubuns and sted reco tstostos, rear, rd Slog and sozed vera) bles of mance’ fermeria’ supples ond unpad npered be mats Stariis apprehension, based on testy of omer Carley fencnoy reome tax and buses WES We sstesledagsiat Charon apa 8, 200, t was hen a Fo pld eta. Cimino! ation was ranebless stad spans hm ne loa Tal Cot won oD Tes lar thon moves os eS 2 round that no han aeady palo Hime" als comand th run of #0 games = mata sed toms aon Chan's motion?™ the logal issue, for wlan ofthe How will you resolve Mr In the above problem above ‘Whether the criminal ibisty ofthe taxpa¥e “7rrecrive BAR REVIEW METHODS eccote wevtngused upon PAYMENT OT O46 asa, aganst hi. i shoud be clear to YOU, BY Nov, that the any eee bused is problem generated © he way ye proces 1 eanted ponts the dtecton of what process use Let us proceed with answering Q. VIA, Remeda Law, 2003 Bar 5. Recall the correct legal rules to apply tothe legal evant ots inthe resolution ofthe question ‘The appropiate logal rules are as follows: 2) _Rep.ActNo. 8791 The General Banking Lax, ‘Sec, 7 Foreclosure of Real Estate Mortgage. — In the eet of fredosure, whether judicially or extrajudicialy, of ay ‘movigage on ral estate whichis Secuiy for any loan or cher ‘edt accommodation granted, the morigagor or debir whose real propery has been sold for the fil o pai payment of is obligation shall nave te right within one yt tere sao of the realestate, to redeem the proper PY payng the amount due under the mortgage ceed. wh inlet thereon at rato specie in the mortgage, and al te Ges and exposes ured by the bank or instuten fo to sle and custo of sad property ess th income ot tere fom. However, the purchaser at the auction Se Shar rege Wether Ina judicial or extra-judicial foracosue Shel hee the gh to entr upon and fake possess, sre epaty inmeiataly ater te date of the contin ie auction sale and administer the some in accor Ary bation in court to enjoin or restrain the co Foneetsue procoedings instituted pursuant orc sabe genau course ony upon te ied 24 Ended, 8d in an amount fixed by, Sok ray a tae wt gay al ho damages whe 8 Froteedng.” eiining or the restraint of the fore 118 a _ QUESTION ANALYSIS AND ANSWER FRAN senipatdeg 29 jie sxe i te ee gop pean emo cee seat trae a ete eed Bt, et eee oe ee cineca aes meter onan ere ea expiration. b) Rules of Cour, Rule 68, Sec. 3, 2% paragraph. Upon the finality of the order of cenfmation of {ipon the expiration ofthe period of redemption when alowed by aw, the purchaser at the aucton sale or lst redemptioner, if any, shall be entitled to the possession of the property tnless a third party is actualy holding the same adversely to the judgment obligor. The said purchaser or st redemptoner fray secure a writ of possession, upon moto, fm the court \wrich ordered the foreclosure. 6. Begin your answer wih 2 concn. You se asked 1 "Reso the motion forte suas of 8 wee Poeeceson You lod sateen stouibe dette port te maybe worded. te folowing srt nate “Dare motion forthe ssuance of ¢ wi of possession denied." ‘A lead statement worded a8, “Motion denied {or lack ot ment may io be accep cer 2 You aro boing asked to do sonebing, (= ring), a sok what you should de Ths, 2604 Se oto ane Th oton suey a es be denied,” is weak and not a direct 10 ‘the poi Satomont xa wasig 7. Support your answer wih legal Tease trou a mat rer eats wn each ef elt. 9 ————é rrecT¥ve Bar REVIEW MeTHODs, spges exparte mation forthe issuance of ors done for being ed ex pare witht nt Faring he debt. ‘| diel forecosue of eal estate may rorgnuro dobar ose eal property has bean art era a oe fer afte the slo of eaten nem tne propedy. The purchaser, upon the expiry reseed of roaemplon ay Secu @ it of peony! te fom eau hich ordered the focuses ‘The motion for @ wit of possession, however, befied ex-parie, Tere must be a notice of hearing.” comet Some reviewers suggest that you again re-concuie your answer to imprint in the examiner's mind the condiusin you have reached after your discussions. Thus, If you ae ‘eked to rule on oF resolve the motion, you are to concite ‘again with, “Wherefore premises considered, DEP's mon ‘or the issuance of a wit of possession is hereby denied for latkof nate to the judgment debtor’ ‘The author believes that re-concluding is merey @ waste of time because you are not adding anything to your answer which you have not previously written, Furthermor, there f the pessibity that you might even make the mistale of wing a e-conclsion which Is the exact opposite of you lead siatoment 8, The above answers complete and there 7 ‘ee for amplfcation through the use of applicable polcy 8 Brindples unless the percentage weight for the problem © Fim than points. In this case, you should amplify #2 Soe Review you answer. The author suggests St traceanee shoud develop the habit of crating ane" 2 ite Saree ee) sentences or GSO ty ‘examiner doo ian § points, This is $0 Per dee nt have ime te read long winded serene 120 Yr (QUESTION ANALYSIS AND ANSHER Frau Sey nee reeng pe cereetenaaes oon Tae ea pat tl te {rswering the problem. Among the roles you maybe asloorn Ca crate eee Tome ae doy ceed ts lor ers Mum he Be ter, nw a ee The wre et Loc ct te, aa re ey oa oe wt ia wa fur ave be? yu ue comet An Ta wet dren wou ua ae ‘Some examples of Bar questions ofthis subtype are the folowing: 4. °Mis the Secretary of the Deparment of Fiance. He is aiso an exofficio member of the Monetary Board of the Bangko Sentral ng Pilipinas from which he receives en ‘additonal compensation for every Board menting attended. N, a taxpayer, fled @ suit in cour to deca Secretary N's membership in the Monetary Board and his receipt of addtional compensation ilegal 2 i vain of the Gonstiution, N invoked Article Vi, Section 13 of tho Constitution which provides that the Presilent. Vie Prosdont, the membere of the Cabinet, and ter deputes ana asians shall no, unless oterise provided he Consittion, hold any ofr offce or employment ding ee tenure. N also cited Article X, Section 8 of the Constuton, wien provides that no elective or epponive pb oft cr ‘employes. shall receive adatonal dowle, 0° compensation, unless speciicaly aurrize by x deci the you were the judge, how would you decide fotowing 2) the tssuo regarding the hating f me Positions? b) the tssue on the payment of ators oF ‘double compensation? vatsrective BAR REVIEW METHOOs can your answers fully” (2. Vl, Poca iy, 2002) +a disbarment complaint against a lave by tne Supreme Court 19 a Judge of the Regget ster tc vestigation, report and recommendation ¢y ‘hol Sve forthe Hearing ofthe COMPLI the Judge ny te Gee caled for tial M open Court and. proceeded te ese ence fr the complainant. What would you hag rmcevt‘you were the counsel for the respondentlawyer? {tn Reason Ei” (Q. Vil, Legal Ethics, 2004) 4. ‘Aang ona tip by an informant. police ofan stopped a cr being dven by O and ordered him to open the ihnk The offers found a Dag containing several kios c tocaine, They sezed the car and the cocaine as evidence fra paced under arrest. Without advising him or his right tb feman sient and to have the assistance of an attorney, they tuestoned him regarding the cocaine. In reply, O sai, 1 dent krow anything about i. It isnt even my car.” D was charge wth illegal possession of cocaine, a prohibited du. Upon matin of, the cour suppressed the use of cocaine as cidence and dismissed the charges against him. D commenced the proceedings against the police for the recover af his car. In his direct examination, D testified tht be owned the car but had registred it inthe name offend fox convenience. On. cross-examination, the atfomey representing the polce asked, “After your arrest, did you net lie axing ofr htt wast your car, you wee may, WOU yOu ob 7? why" (2X: ary wa au abet othe quesion? Wr sidig, Mame fied an action against Pedro, I Acrittr fhe ete of deceased Juan oF if 2 wich i par of the latter's estate, During the Yay imo presented witness Mariano who testified that Me "94 rivet when Maximo and Juan agroed thatthe later Won Feet of 2000000 forthe use of Maxim's ca fo, which Juan should immediately return the 12 v QUESTION ANALYSIS AND ANSWER FRAMING yaxirna, Pedro objected to the admission of Marans testimony. Wf your were the judge, would you sustain Peds apjecon? Why? (2. XVI, Remodel Law 2001) = r. Sebastian Is a Filipino seaman em; ‘a Norwegian company which fs engaged esckcey nal shipping. He and his wife, who manages {reir business, filed a joint income tax retum for 2011'0n March 15, 2012. After an audit of the return, the BIR Heved on April 20, 2015 a deficiency income tax assessment for the sum of 250,000.00, inclusive of iferest and penalty For failure of Mr. and Mrs. Sabastan to pay the tax within the period stated in the notice of Seseesment, the BIR issued on August 19, 2015 warrants of aistraint and lovy to enforce collection. ox 20 ax HF you are the lawyer of Mr. and Mrs. Sebastian, what possible defense or defenses will you false in behalf of your cllents against the ation of the EIR in enforcing collection of the tax by the summary Temodies of warrants of distraint and levy ? Explain yout answer.” (Taxation, 2002 dates supe) Remember that you are being made to tke, 2 paricular role and to reason out in accordance with you oe, ‘feral inthe real word, if you ae the defense Counsel, 08 should muster al the legal knowledge at your command (2 meet and. overcome the axgueris atensst fy prosecution. This does not mean, however, that ou Steve Ignore al ogic and the law in presenting you cae YOU should turn a bind eye to te opposing course! wnat you ar required to dois to mee fo Pa te reasons submited By te S800 CAE re a raminations, the opposing sHe's eu coat Speled out 2 pat of te acl fomaton reset. Broceed with analysing the above Problem. ry‘esrectve BAR REVIEW METHODS pend tho quetion st the, baton vi, ofits, he queso iy at Be peobien i and Mrs. Sebastian, what possible defey® Ca aS ee oe ner She seme cn Siam) reneaes of wan te hand levy 7” The question points to what yt deri ara he probe 2. Careful and thorough reading of the probien, 3. dently and if possible underine the rlevat fais Tho facts, 28 underlined, in our ilustrative protien tows. "Wr Sebastian Is a Filipino seaman employed Norwegian company which is engaged exclusively ia intomatonal shipping. He and his wife, who manages thoi busines, fla a joint income tax return for 201% og ch 15, 2012, After an audit of the return, the BR {ssued_on April 20, 2015 a deficiency income tx dsessment for the sum of P250,000.00, inclusive of inorest and penalty, For fllure of Mr. and Ms. Sebastion to pay the tax within the period stated in the notice o assessment, the BIR issued on August 19, 2015 warrans of straint and levy to enforce collection.” 4. Identity the legal issue raised by the revert {atin he lght ofthe queetion raized at the bottom of he Broblem are the defenses avaliable against an acten © enforce collection by the BIR of taxes, ‘The defense avaiable as could be gleaned fom Poblemis preston : 5. Recal th to he te 8 correct legal rule to apply aly elevate inthe resolution of tre question The applicable legal seaion = al rule is provided for in ‘Badia ema Revenue Cede, quoted 28, 1S thal be 5 Bed in Section 222, internal reveTUe jy sed witin three (3) years ater the ls 128 QUESTION ANALYSIS AND ANSWER Frauing resatibed by law for the fling of the cetun, and no procter, in court Without assesenent ef posed sal ogi ater ie omen en su seat fa caso were aroun cog a Prete by lw, tes (hyena ene pata Pre Ca toon ca ohare lr el hg ee tis Sec ing tere shal bo email ay last day.” 6. Begin. your answer. In this subtype, an ‘enumeration may Tkewise be required bearing in mind the role you have to play. Your lead statement would therefore be in the headings for enumeration, not those of the conclusion ‘ype. In the ilustrative problem, the lead statement could be, “As counsel, | shall interpose the defense for Mr. and IMs, Sebastian, that:” In presenting the lead statement, you ‘are ‘conditioning the mind of the examiner that you are responding to his question. Some reviewers suggest eliminating this lead statement because itis considered as a waste of tie, They recommend that the examinee immedaicly G0 into @ Ascussion ofthe defense This wie does rot gre ih A approach because it might not be clear to the examin ‘whether your discussion forms part of your inlended defense or you are merely discussing relevant legal sues. 7. Support your answer with legal reasening through a matching of the ky fats wh ea eat fe legal rule. Thus, the complete answer shouldbe: ied nach, counsels | shall Interpose te ot eh and Mrs, Sebastian that there 18 es Bureau of Internal Revenue to enforce eolacton © {2x as the doficioncy income tax assessment beyond the prescribed perio. 05a srecTive BAR REVIEW METH¥003 1on203 of the National Internal Roven, sett ener ed on to, ty ria eh tag wn a teen at day precribed by law for the fling gr gp the tast day for fling the 2011 income tax requ tours, 2072, Since the assessment was issued og 's Apel op 2016, therefore the BIR has only three year on Aa i, 2042 oF until April 16, 2015 within which IKeue and assessment not nt ‘The BIR's right to assess has already prescriteg as of Apri 20, 2018, therefore the warrants of distrang 3 Fey to enforce collaction of the tax are void, 8, Inthe ilustrtive problem, there is no need ointo the rationale behind the applicable legal rule. 8, Review your answer. ‘Another subtype of fact-based problems are those \which ask for an enumeration of the rights and obligations ot certain partes, what crimes have been committed by & Indvidval ec. In this subtype, you are not asked to ply ¢ ‘certain role (plaintiffs counsel, defense counsel, viel jx) but you may be required to take one side of @ controversy ‘There are some variations of tis sub-type where you maybe required to dscuse the two sides of a controversy. ‘Some examples of his sub-ype are as folows 1. ‘Aand B, agreed to meet at the latter house tn discuss 8s nancial probloms, On his way. 02 OA Bow Bee Aetna ine ming lr in (A) oney 0: Bay a naw. spee. 0 8 lergraly eraused his bark deposi, leg Nalance. Anicipating, however, a replenishment A, dct ston, 8 salad @ postdated check th td fr now te’ When preseted Domed fo fins Tho We earner fed ‘against A and B. What would be the criminal iiabilt| 128 QUESTION ANALYSIS AND ANSWER Fan a geo ee ee tc te cre ce ne oes rr Om he ht phoma vee b) May a third person atqure said 200square meter land by prescription? (Q. 1X, Civ Law, 2003) 3, AY isued a promissory note payable to “pe of bearer. “A” delivered the note to "B". “B” endorsed the note to “C". “C” placed the note in his Grawer, which was stolen by the Janitor “X’. °X" Shdorsed the note to “E” who in turn delivered the note fo “Pa holder in due course, without endorsement, Discuss the individual labiliies to "F" of “A”, “B° and "C. (@ Xl, Merearte Law, 2001) 4, “S00 was eles Conresanon. Seo te re of feat yea noice, he ifcted pista nos 27 2 SBlonguo, ET! inthe course of 2 hess cobae, Chases Stee hein court agelet im as wel a nite Has ics Commitee” Later, tne Hous of Represents, No fiong party Ines, voted exe! tim, Cig Srpuisba yas Tlvoaded and tried wth BBE, MS betton seeing a cecaraton by the Sues Cr Fuse) gravely abuses, Geen oe onattufon. He proyed that is expuoh 2 ad that he shoul be restored by the Spee! .°5 oe Congressman. Is SOD’s petition Usteible? Cite pertinent sues Politcal Law, 2008) ourrecrive BAR REVIEW MeTHOD5 “ar end CT are noted atsts whose pay Py colcrs OL commissioned sea eat iat fe main JObbY Of his new © pat 3 gent oslborate on the project it ser Eton pasos tobe equal vided betwegy yo fof eyed tar. had 0 provide tho mata twos ogra for the. wages of leche yo a ser the Wark on he project. Assume ta: ts *eemplted and both BR and CT are uly pag fe Bre FM as oral foe by OL. Under tho Law ne area al propery, who will own the mural? Who wi oct the copyigt in the mural? Why? Explain.” (Q. XA, Mercentie tw 2004) ‘Answering the third sub-type of fact centered problems. We shall use the same steps prevousl used in answering the frst and second sub-ypes, Ss they are also applicable. Note the similarity ofthis sub-ype tp the fst and second subtype. The explanations tothe stops previously discussed are not repeated anymore. A. Co., a Philippine corporation filed its 2012 Income Tax Return (ITR) on April 15, 2013 showing a net loss. On November 10, 2043, it amended its 2012 ITR to show more losses. After a tax investigation, the BIR isellowed certain deductions claimed by A Co., putting Co, in anetincome position. As a result, on August 2015, the BIR issued a deficiency income assessment against A Co. A Co,, protested the assessment on tht ‘round that it has prescribed. Decide. (1996, dates supe!) Procedure for analysis: 1) Read the question at bottom ofthe problem, Tho last two sentences show My “unasked"qeston® ae vowing. wat erainer warts. The subject matte oF ‘question is whether or not the BR's *9 128 aa (QUESTION ANALYSSS NO AuSvER Fea issue an. assessment prescribed, notice has already 2) Careful ang ‘of the problem. herough reading 3), enily and if posse underline the relevant facts. : ‘The problem with ts underined relevant facs are shown below: “A Co, a Philippine corporation filed its 2012 income Tax Return (TR) on AS showing a net fo on November 10, 20:3, i amended is 2012 TTR to show more losses. Aer @ tx investigation, the BIR disallowed certain doductions claimed by A Co, puting A Go. in a net income positon. AS a result ‘on August 5, 2015, the BIR issued a Seficioncy Income assessment against A ©. 4) entity the legal issues raised by the relevant facts in te fght of the {question raised atthe bottom of te problem. 8) Recall the corect egal rule 10 apply tothe legally relevant facts in the resolution of the question. 6) Begin your answer. 9 suport yor ose vt reason) tough a mating ote ey Chtooc coment fe eal. 129—_ rrect¥ve Bar Review METHODS 8) _ Ifyou have sufcient tin, to your legal reasoning through the a applicable legal policy and principles, ®t 9) Review your answer, We now proceed fo answer Q-xill, Mercantie Lay 2001 Bat : +p” Iasued a promissory note payable to “3° o, bearer. “A” delivered the note to "B". “B" endorsed thy rote to “©. "C" placed the note in his drawer, which was ‘tolon by the janitor “X". “X” endorsed the note to "E> ‘who in turn delivered the note to “F": a holder in due ‘course, without endorsement. Discuss the individual Tables to “F* of “A", "B" and “C". (Mercantile Law, 2001) 4. Read the question at the bottom of the problem. In our example, the question reads, Discuss the individual labilties to “F” of "A", “B", and 2 Careful and thorough reading of the problem. 3, deny and if possible undertine the retvat {acs “AY issued a promissory note payable to “Bet bearer. “A” delivered the note to “B”, ‘oleto °C", “C" placed the note in his drawer, which was ‘olen by the janitor “X". =X" endorsed the note to “E ‘tho in tum delivered the note to “F': a holder in be ‘ure, without endorsement, 4 Sent the legal issues raised by the eleva ents light of the question raised at the botiom of ‘The issues raised for resolution are: 2 The labiites of “A” to F” >The liabilities of 8" to © The liabilties of “0” to "F* 130 QUESTION ANALYSIS AND ANSWER FRAN aleneves delegate spar fo an SO yw ‘The appropriate legal rues ae found in the Negotiable Instruments Law (Act No. 203. 2. __ Section 52. What consutes a holder in due course.—A holder in due cours is 9 holder ‘who has taken the instrument under the flloning conditions: i) That tis compote and regular upon its face; il) That he became a holder of t before it was overdue, and without note that itad been previously dishonored, if uch was the fect TN tal Spal ts rman eth repens ar AT soma a Set ls rosea otis acy io con 63. hen pason deemed moe A peg sa clearly indicates by spproprite worse Schnee ete eens in respects what it purports int a “That he had good tte to 43errective BAR REVIEW METHODS Tht at per capac contract artes hay 1) Tal Nena mo away any wien woul path at rorrndervatosens, "8 hy een ES LEON ot gy ee ee vee ot ene cee Stone « 1) That the matters and mmenon in subdivisions (a) (b) and fe) er nat preceding secon, and i) That the instument is ot te {ime of his indorsement valid and subsisting And in addition, he engages. that on tx resentment shall be accepted or paid, or both, at the case may be, according tits tenor, and tat fis dishonored,” andthe necessary proceedings on ééshonor be duly taken, he wil pay the amount Pere tothe holéero° to any subsequent indorser who may be compoted to pay Section 67. Liabilty of indorser whee paper is negotiable by delivery Where a pest laces his indorsement on an instrument negotiable ‘by delivery, he incurs all the liabilities of an indorser 9. Section 124. Alteration of instunest fect ot—here a negotiable instrurent. materially altered without the assent ofall the pails liable thereon, itis avoided, except as against a pay who has himself made, authorized, or assented tom ‘eration and subsequent Indorsers. h. | Section 184. Promissory "a ‘toed —A negotiable promissory note wits he ‘Rearing of this Act is an unconditional promise etna rey ne person to arate se, rer, engaging to and, or at tinal ure tn, a'sum cera Te) Atte to beater Where the notes oaw © Fane" own oder tis not compte url i 132 QUESTION ANALYSIS ND ANSE FRaang 6. _ Begin your answer. You lod stata tenis 1d be in direct response tothe question, Se souk "A" is lable oF" - “B's liable oF" °C" isnot abi to 7. Support your answar wth lege 1 through @ matching of the key facts with each senent oe al ules. hcl “A” is lable to “F," a holder in duo course, directly oF primarily as the maker ofthe bearer promissory note. A" Is the person to whom holder of the note will have to. make. a presentment for payment and who should pay According to tho toner ofthe instrument. 'B", as a general indorsr i able to "F* and as such, “B" is secondarily able. f, upon Jentment, “A” dishonors the note, and the necessary proc complied with, against "B" for payment because already lable undor the note, Ye" ts nok lable to “F*. While the bearer Instrument can be negotiated by mere delivery, he is seconcarly table only to tase pero o ‘whom he may have negotiated the note by mere see ann ee ee ‘wae forged by "X," °C" can raise the defense forgery to escape liailty on the not, al rascring 8. Ifyou have time, ada to your lege ‘trough the use of applicable legal ply an panes coin fue (essing | our example, you could re ‘hat you stil have time). that @ forged Sante Mors inoperative and does not vest any raft O° tnforee payment of the instrument apart Slgnature does not appear on the noe 9. Review your answer 133