Professional Documents
Culture Documents
QUESTIONS IMPRESSIVELY
By:Atty. Ruben C. Talampas, Jr.
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”.
It was less than 35 years ago but still her remarks seem to be true at
present.
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?”
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.”
2|Page
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.
3|Page
2. the applicable law;
4. your conclusion.
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.
4|Page
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
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;
5. Case Problem.
CASE PROBLEM
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?
The following “Useful Introductory Lines” are mostly taken from the
article of Atty. Rey C. Tatad, Jr. with the same title.
6|Page
ANSWERING IN THE POSITIVE
1. The petition is meritorious.
7|Page
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…
14. The position of the petitioner runs counter with the doctrine of…
19. The (i.e. respondent) cannot rely on (i.e. mere alibis) to aid his
cause.
useless/futile.
25. The actuations of the accused in (i.e. fleeing and hiding) negates
(i.e.innocence)
8|Page
28. It is not proper to state that…
30. A contrary conclusion would erode the rule that provides in part
that…
37. The petitioner cannot give any additional meaning to the clear
and plain
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.
(But if the facts are complete in itself, do not attempt to add facts or
assume anything.)
9|Page
1. We must distinguish. If… (or As far as the __________ is
concerned)
13. Decisive on the matter is the pertinent provision of the (i.e. Law
on Property)
10 | P a g e
15. By legislative fiat…
* Do not use the words series, litany or long-line if there is only one
10. In a recent case, the Supreme Court has laid to rest the issue of
whether or not…
14. In a case with similar facts, the Supreme Court ruled that…
11 | P a g e
16. The Supreme Court has often stressed that…
24. In one case, the Supreme Court was emphatic when it ruled
that….
12 | P a g e
10. It is an elementary principle in…
5. It is crystal clear from the facts presented that (i.e. the crime of
treason) is present (or was committed).
13 | P a g e
7. Under the circumstances, the proper remedy would be…
9. It logically follows…
23. A careful perusal of the facts of the case would reveal that…
25. A careful reading of the (i.e. Deed of Absolute Sale) would reveal
that…
CONCLUDING WORDS
14 | P a g e
1. From the gamut of evidence on hand, it can be
gathered/deduced that,…
3. Finally, …
4. Hence, …
5. Therefore, …
8. Lastly, …
9. Consequently,…
16. Undoubtedly,…
17. Indubitably,…
18. Clearly, the case at hand falls squarely within the purview of…
15 | P a g e
23. This being the case…
32. In sum,..
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…..,
16 | P a g e
The law provides that/The Supreme Court has held in a line of
cases……
In this case…..
Hence.. …
X’s claim is not meritorious, hence the case should be decided against
him
Therefore/Consequently… . . .
The. . . . is proper/tenable/untenable
Moreover . . ..Hence/Therefore
ENUMERATION
17 | P a g e
purposes.
1.
2.
3.
(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:
that…
18 | P a g e
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 ….
DEFINITION
1. ________________ is a comprehensive term used to
describe _______.
19 | P a g e
5. ________________ is a branch of public law (or private law)
which deals with..
6. It pertains to…
7. It connotes a ….
10. It presupposes…
3. It is intended to shield …
20 | P a g e
their ticket to a law license. Focus on one question at a time. Don’t
bother or think of another question while answering one.
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.
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.
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.
22 | P a g e
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.
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.
23 | P a g e