TECHNIQUES IN ANSWERING BAR QUESTIONS BY ATTY. REY TATAD JR.

REASON/S BEHIND THE LAW

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

2. In a nutshell, the following are the elements of the crime of

3. The following elements are generally considered in the determination ofthe presence of (i.e.
employer-employee relationship)
4. 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:
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 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 frommy 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…

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 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…

REPORT THIS AD

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,…

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. 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
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.

——–GO O D LUCK! ! ! ——

Atty. Reynulfo C. Tatad, Jr.

September 2006 Bar Exam Passer

HOW TO ANSWER BAR EXAM

ESSAY
QUESTIONS IMPRESSIVELY
Sharing tips from my Criminal Law Professor Atty. Ruben C. Talampas, Jr.
HOW TO ANSWER BAR EXAM ESSAY QUESTIONS IMPRESSIVELY

By: Atty. Ruben C. Talampas, Jr.

The then Chairperson of the Committee on Bar Examinations, Madame Justice

Ameurfina Melencio-Hererra, submitted a report to the Philippine Supreme Court her
observations on the 1980 bar exams.

According to her several examinees have made very unsatisfactory showing to such an
extent that there is one who obtained a grade as low as 7% another obtained a grade of
11%; still some others obtained grades of 12%; 16%; 17%; 18%; 19%; 20%; 21%; 24%;
25%; 26%; 27%; 31%; 34%; etc.”

She pointed out the general weakness of the bar examinees. She said: “The reason for
this high mortality rate, may be attributed to several factors among them in the
opinion of the undersigned, may be due mainly to the following: . . . inadequate
command of the English language”.

She further emphasized: “The examinees inhabiting the lowermost rungs of the
grading scale manifested not alone an appalling lack of knowledge of the fundamental
principles involved in the examination questions but also an inability to logically
string their thoughts together compounded by an almost incredible deficiency in
language skills.”

It was less than 35 years ago but still her remarks seem to be true at present.

The following are actual questions and answers of some examinees which demonstrate
their lack of knowledge of the fundamental legal principles and inadequate command
of the English language:

Question No. 6(b) – “An accused was found guilty of double murder and was meted out
two sentences of reclusion perpetua. How would the accused serve the sentences?”

Answer – “Both penalties must be served by the accused, and he was

electrocuted and died then it washes out the remaining sentence to served
by the accused.”

Question No. 11. – “Patrolman Cruz, acting under orders of the Municipal Mayor, Who
wanted to put a stop to the frequent occurrence of robbery in Sitio Masukal, patrolled
the place. At about midnight, seeing three persons acting suspiciously in front of an
uninhabited house and entering the same, he arrested them without warrant and took
them to the municipal building where they were detained in jail for about five hours
before they were released. Patrolman Cruz was accused of arbitrary detention. If you
were the Judge, would you convict him of the crime charged?”

Answer – “No. considering his possession as peace officer by the higher

authority to patrol the place where robbery are frequent. The one
responsible for this is the Municipal Mayor who order without warrant of
arrest and the act of the patrolman are in good faith believing to be a
robbery entering a house. So the proper party liable is the Municipal
Mayor.”

Question No. 17 – “AA” was the owner of a jeepney for hire. When his driver was
hospitalized, he hired “BB” as driver on a temporary basis and entrusted to him the
vehicle for transporting passengers from Quiapo to Baclaran with a compensation of
P30.00 a day. “BB” never returned the vehicle and after search the vehicle was found
in Tarnate, Cavite, about to be sold. “BB” was charged with Qualified Theft and was
convicted. Appealing the judgment of conviction, defense counsel contends that “BB”
may have committed Estafa but not Qualified Theft on the theory that the possession of
the vehicle was obtained with the consent of “AA” the owner, and therefore, there was
no illegal taking. Decide the case.”

Answer – “The defense counsel of the accused contention in untenable

assuming now that there is no illegal taking of the jeep from “AA”. The
owner but “BB” a temporary driver hired by “AA” failure to return the
jeep such vehicle as now ready to be sold by “BB” have an intent to gain is
theft cases as an element.

Our aim, of course, is not to ridicule and immortalize these Bar

answers. Our aim is to remedy, correct, and supplement the aforesaid
deficiencies for future bar takers so that they would not suffer the same
fate.

By far the most important tool that the bar candidate could equip himself with which to
tackle the examination that is inherently personal to him is command of written
English. The examinee who has a fairly good command of English, assuming that he is
prepared in all other matters, stands definitely with a much better chance of passing.

Not all the BAR tips I will be presenting here are mine. I believe they
are the collective ideas of past bar examinees, bar topnotchers, bar
lecturers and law professors who want to share their experiences and have
the desire and concern to help future bar takers. I will try though to present
these in a more comprehensible and effective way.

A bar examinee’s answer should be a total “package”. Meaning, it contains

all the necessary ingredients. This is when the 4Ls come in: law, language,
logic, and layout. His answer should be legible and neat without the
irritating erasures observing the proper margin and space between
paragraphs with correct composition, grammar and spelling coupled of
course of the knowledge of the law principles and its application to the
given set of facts responsive to the issue or question at hand.

The examiner will be looking and expecting for the following from your
answer:
 1. Proper understanding and appreciation of the facts, particularly of the components
or details that can be material in resolving the given problem;
2. Appreciation of the applicable laws that may come into play;
3. Recognition of the issues posed;
4. Resolution of the issues through the analysis and application of the law to the given
facts; and
5. Presentation and articulation of answer.

In essence, your answer should clearly indicate:

1. the relevant facts;

2. the applicable law;
3. your analysis; and
4. your conclusion.

To expound it further, a Bar examinee’s answer should clearly demonstrate:

IDENTIFICATION OF THE PROBLEM

Your answer should demonstrate your ability to identify correctly the problem(s) and
issue(s) of law presented in the question. Your answer should demonstrate your ability
to articulate and classify the problem presented, that is, to state it in a lawyer-like
fashion and to place it in its proper category or categories of doctrine.

KNOWLEDGE OF THE LAW

Your answer should demonstrate your knowledge of legal principles and your ability to
repeat them accurately on the examination as they relate to the problem presented by
the question. You should state concisely the principle(s) and rule(s) governing the
issue(s) presented by the question.

APPLICATION AND ANALYSIS

Your answer should reveal your capacity to reason logically by applying the appropriate
rule or principle to the operative facts of the question as a step in reaching your
conclusion. This involves making the correct preliminary determination as to which
facts in the question are legally important and which, if any, are irrelevant.

The line of reasoning that you adopt should be clear and consistent without gaps or
digressions. This is the most important element in your answer and, therefore, carries
the most weight in the grading process.

CONCLUSION
You should address yourself to the task that the question asks you to perform. For
example, if the question calls for a specific conclusion or result, such conclusion should
clearly appear in your answer and should be stated concisely and without equivocation.

An answer that consists entirely of mere conclusions unsupported by any statements or

discussion of the rules or reasoning upon which it is based is entitled to little credit.
Clarity and conciseness are important, but make your answer complete. Do not
volunteer irrelevant or immaterial information.

ARTICULATION

Articulation is expressive of the following basic fundamentals: good language,

impressive presentation, logical reasoning and substantial background knowledge of law
and procedure. Impressive answers showing the candidates reasoning faculty is what
the examiners want to read in your examination notebooks.

Your answer should demonstrate your ability to analyze the facts presented by the
question, to select the material from the immaterial facts, and to discern the points upon
which the question turns. It should show your knowledge and understanding of the
pertinent principles and theories of law involved and their qualifications and
limitations. It should demonstrate your ability to apply the law to the given facts, and to
reason logically in a lawyer like manner to a sound conclusion from the given premises.

You must also be aware that the Bar questions are not all “case or situationer problems”.
There are other types of Bar essay questions you ought to know so you will be able to
prepare and answer them properly in case you encounter one. The usual types of Bar
essay question are enumerated below:

1. Enumeration;
2. Distinction;
3. Definition;
4. Reason behind the law/concept/principle; and
5. Case Problem.

CASE PROBLEM

This type comprises an average of 80 – 90 percent of the questions in every subject,

hence, it is imperative that you are well-versed in answering the same.

Given that you know already the law; that you know how to apply it to the set of facts;
that you write legibly enough; left you with one problem – that is how are you going to
present or articulate it in an impressive manner.

A ready outline or structure of your answer will tremendously help you to answer faster
without missing an important part. By constant practice in answering this type of
question with the outline/structure in your mind, you will be amazed how it easy for you
to start outright and tackle the question and come up with an impressive answer.

Below is the suggested outline/structure of your answer for a “case/situationer problem”

question:

1st Paragraph – Positive/Negative/Qualified Answer

2nd Paragraph – Applicable Law/Jurisprudence

3rd Paragraph – Correlation of the Law/Jurisprudence with the Facts of the Case

4th Paragraph – Conclusion (this may be part of the 3rd Paragraph)

Okay, you already have an outline but isn’t it boring for the examiner to read in your
answers the same words or phrase at the beginning of your paragraphs? For example
you will use these words in every answer: the contention is untenable; the law provides;
therefore. The examiner will spot this and might not be impressed to you at all which
will result to a lesser points.

You will agree that the hardest thing to do is to start. We want that the first sentences or
paragraph we will write will impress the examiner and more often we cannot find the
right words to start. Would it be easier if just like the outline you have already a pool of
words waiting to be used?

Knowing “First Liners” or introductory words will greatly help you to quickly and
smoothly string your thoughts and effectively convey your answers. The following “first
liners” or introductory words can be used interchangeably to begin every paragraph of
your outlined answer.

The following “Useful Introductory Lines” are mostly taken from the article of Atty. Rey
C. Tatad, Jr. with the same title.

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 decision is not in accord with law and jurisprudence.

2. The decision is erroneous.
3. The contention is totally misplaced.
4. The doctrine of….. does not apply in this case.
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/Respondent’s/Complainant’s/Plaintiff’s/Defendant’s/Accused reliance
on the (i.e. doctrine of…) is inappropriate.

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 (i.e. respondent) cannot rely on (i.e. mere alibis) to aid his cause.
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.

ANSWER THAT 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.

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….
REPORT THIS AD

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 …
 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)

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…

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,…

Using the outline and the “first liners” above, make a format or model of your answer
and use what you deem is applicable in a given question. You may make your own
models as many as you want but it is suggested to have at least 10 models. Here are
some examples (taken from my 2007 Bar Tips to NEU and INC Bar Examinees):

No/Yes. He can/cannot…..,

The law provides that/The Supreme Court has held in a line of cases……

In the case at bar…..

Hence.. …

X’s claim is not meritorious, hence the case should be decided against him

According to the law/The Supreme Court, in many cases, has ruled that….

Based on the facts of the case…

Therefore/Consequently… . . .

The. . . . is proper/tenable/untenable

It is a well settled rule/As provided for under the

Moreover . . ..Hence/Therefore

Under the provisions of RA/Constitution/Law/Statute. . . .

On the problem at hand..,..Consequently

On the other hand….

As such it should be ruled … …

ENUMERATION

The real secret in remembering the matters contained in an enumeration is the use of
keywords. Make your keywords on enumerations you consider important. Never leave a
blank in an enumeration! However, if you use the letters a, b, c, etc. for numbers in the
enumeration, so much the better. Ten to one, the examiner may not count his fingers.
Make the first four in the enumeration definitely good.
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.

1.

2.

3.

If you cannot enumerate all, write it in paragraph form so that it would not easily be
noticeable that you missed something.

1. In capsule form, the following are the elements of the crime of _______
2. In a nutshell, the following are the elements of the crime of _________
3. The following elements are generally considered in the determination of

the presence of (i.e. employer-employee relationship)

4. 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…

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. 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 following

ways:

a.

b.

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…

DEFINITION

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…

REASON BEHIND THE LAW/CONCEPT/PRINCIPLE

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…

ADDITIONAL TIPS ON HOW TO APPROACH BAR ESSAY QUESTION

1. Finishing is the key. Many fail the Bar exam because they don’t finish the exam.
They spend so much time on an early question that they can’t finish the later ones.
Or they work on all of the questions at once, but without finishing some or all of
them. Either way, these Bar candidates are writing too slowly, and it costs them
their ticket to a law license. Focus on one question at a time. Don’t bother or think
of another question while answering one.

2. Budget your time according to the number of questions and length of problems.
Check the point percentage allocation for each question. This will be your guide on
how much time you will spend for a question. Of course, you will devote more
minutes to questions with a big or higher percentage (i.e. 5%; 10%) than questions
with a minimum point percentage (i.e. 1%; 2%).

3. Set a time schedule. It’s easy to waste time by getting carried away by a single
question or by getting stuck on a question that’s giving you trouble. Make a general
allocation for each question and adjust the time depending on their percentage
weight. Monitor your pace so that you stay calm and will be able to answer all
questions on the exam.

4. If the question is lengthy, read first what is required at the bottom of the question.
By doing this, you will be able to determine what facts do you need and what facts
are immaterial. This will save you time from re-reading the question. You can also
start formulating your answer in mind while reading the question, thus, it will be
easier and faster for you to write your answers since you are already guided by your
earlier analysis. It will also minimize errors and erasures.

5. Be reminded that one of your tasks while preparing for the Bar exam is to become
an expert fact pattern reader. So what do you do if you aren’t very good at
reading facts? You need to experiment with different ways to get better at reading
facts. Practice answering past Bar questions as many as you can. Analyze the
suggested answers and take note how the answers used the facts in the problem.
Remember, you won’t get all the possible points if you don’t understand what the
Bar examiners are asking you. You must become an expert fact reader in order to
write a complete exam answer.

6. Before answering, formulate on your mind what will be placed on your first, second
and third paragraphs. Mentally apply your outline. 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.
7. Use logic or common sense when you do not know the answer. Ask the question,
“What is the best solution or resolution for this case?” or “If I were the examiner
how do I want the question answered?” Do not just guess, make a smart guess. Your
best guide is to think what is most just and equitable since these are the purpose
any law seeks to achieve.

8. If you really have no idea on how to answer a really difficult question, or a

borderline case, or you do not know what the answer is, the use of inverted pyramid
of answering question may be helpful. This may be done by inverting the usual
answer format. Initially, present your knowledge of the law and/or jurisprudence,
then make your smart guess. With this, you may be able to show or convince the
examiner that you know something about the issue but you were merely incorrect in
your conclusion, you may get a credit for your answer.

9. Number your answer accordingly. Don’t make the Examiner search for your
answers. Make your answer look professional. Don’t use textspeak and don’t
abbreviate. Answers which look professional, are well organized and which use
paragraphs and indenting where appropriate make the Examiner’s job easier.

10. An answer to one question in one problem requires a separate page. Answers to
sub-questions may be presented continuously in a page separated by space/s. It is
suggested, however, that even answers to sub-questions be presented on separate
page, unless your answer is very short, so that in case you want to change any or in
case you have missed a sub-question, you can still insert your answer in the
remaining spaces of the page.

11. Don’t submit your test booklet too early. There’s no prize for early finishers. Budget
and utilize all the time allocated for you to: (a) compose good answers; (b) review
your answers; and (c) write legibly.

12. Practice, practice, practice. Practice is vital to your success in the Bar exam. You
must get used answering Bar essay questions. The only way to know if you can (or if
you know the law) is to practice. Answering Bar questions regularly will help you
learn the law as well as become a better tester. There are many sample bar exam
essay questions and answers available on the internet. You may also find the Q&A
published by the UP Law Center helpful.

13. The key to success in any endeavor is preparation. Familiarity with the structure of
the essay questions and how you respond to them will go a long way in alleviating
your anxiety on test day. You job is to practice the approach we’ve just outlined so
that it becomes so automatic by exam day that you move from one step to the other
without missing a beat.

14. At least twice during your bar prep (ideally four), do a simulated Bar exam day. Do
a mock version of it. The key is to practice under conditions similar to the actual
Bar examinations. This will make you mindful of time constraints and more
comfortable when you approach the real test, the Bar exam.
 15. Finally, PRAY!

The task ahead of us is not as great as the Power behind us.

May the Force be with you!!!