TECHNIQUES IN ANSWERING BAR QUESTIONS BY ATTY. REY TATAD JR.
REASON/S BEHIND THE LAW
TECHNIQUES IN ANSWERING BAR QUESTIONS
1. The purpose of the law is…
2. The law is designed to…
3. It is intended to shield …
4. It is primarily aimed at protecting
____________ from unwarranted __________
5. The rationale behind the law is…
6. The spirit of the law is to the effect that…
DEFINITION / EXPLANATION
1. ________________ is a comprehensive term
used to describe _________.
2. _________________, in its generally
accepted sense, refers to ….
3. … It is a safeguard and guarantee
provided by the 1987 Constitution..
4. … It is a kind of relief granted to a
______________ by the …
5. ________________ is a branch of public law
(or private law) which deals with..
6. It pertains to…
7. It connotes a ….
8. … is a doctrine in (i.e. Civil Law) which
refers to…
9. … is a principle in (i.e. Criminal Law) which
states that…
10. It presupposes…
11. Its principal identifying feature is..
12. It is akin to…
13. The function of which is to…
14. The office of which is to…
ENUMERATION
1. In capsule form, the following are the
elements of the crime of
In a nutshell, the following are the elements
of the crime of
The following elements are generally
considered in the determination ofthe
presence of (i.e. employer-employee
relationship)
Among the (i.e. defenses/remedies)
available to (i.e. Mr. X) as provided for by/in
the (i.e. Civil Code) are:
(1)…
(2)…
5. The following are the requisites for…
6. In order that a case for (i.e. B.P. 22) to
prosper, the following elements must be
attendant/present:
7. To constitute (i.e. homicide), the following
requisites must concur:
8. (i.e. Legal compensation) requires the
concurrence of the following conditions:
9.To establish a person’s culpability under
(i.e. estafa), it is indispensable that…
* Tips on answers that require enumerating
something. (i.e. elements). If you can
enumerate all, write it in 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:
2. In the first, it is necessary that there be…..,
whereas in the second it is sufficient
that there be ….
3. 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)
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 Labor’s) 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 Arbiter) to…
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 from my
professor in Political Law, Dean Mariano F.
Magsalin, Jr.)
1. It should be borne in mind that…
2. It must be noted that…
3. It may be recalled that…
4. It is worth observing…
5. It must be taken into consideration that…
6. More importantly, ….
7. Significantly,…
8. Corollarily,…
9. Furthermore,…
10. Moreover,…
11. Similarly,…
12. Parenthetically,…
13. In other words,…
14. Otherwise stated,…
15. Simply put,…
16. Simply stated,…
17. Stated more concretely…
18. The reasons are obvious. (expound)
19. The reasons are well-known. (expound)
20. The reasons are plain. (expound)
21. Under the same line of reasoning,…
22. As regards…
23. 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,…
35. 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…
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…
11. 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 petitioner’s 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. Petitioner’s 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…
29. It is not accurate to conclude outright
that…
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…
34. The fact that … is immaterial since…
35. The fact that … is irrelevant since…
36. In itself, mere …… is not sufficient (i.e. to
warrant conviction)….
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
1. From the gamut of evidence on hand, it
can be gathered/deduced that,…
2. Taken all together,…
3. Finally, …
4. Hence, …
5. Therefore, …
6. From the foregoing, it can be deduced
that there is really (i.e. a violation of…)
7. From the foregoing, it is now safe to
conclude that….
8. Lastly, …
9. Consequently,…
10. As a necessary consequence…
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,…
39. Ergo
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 BAR 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.
• 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.”
• 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.
IMPORTANT REMINDER IN ANSWERING unanswered.
If you are so sure of the answer, you can • Bring extra sign/fountain pens.
directly answer yes or no. But if you are just • Observe proper margin.
guessing or not so sure of the answer, you DISCLAIMER!!!
better start citing law provisions and This is only a guide material and will not and
jurisprudence first. cannot assure anyone of passing or even
Logic behind: topping the BAR. What is assured only is that
If you answer yes or no and it happened to it will greatly facilitate the candidates’
be wrong, chances are, you will get an presentation of his/her answers.
automatic ZERO (0) for that item. The ——–GO O D LUCK! ! ! ——
examiner might not read your answer Atty. Reynulfo C. Tatad, Jr.
anymore. Come to think of it, it would be a September 2006 Bar Exam Passer
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