Professional Documents
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Techniques in Answering Bar Questions by Atty
Techniques in Answering Bar Questions by Atty
REY
TATAD JR.
5. The case of (i.e. ejectment) lies with the Municipal Trial Court.
6. The case is cognizable by the (i.e. Regional Trial Court)
7. The case is covered by the (Rules on Summary Procedure).
8. The law vests upon the (i.e. Secretary of Justice) the power to…
ELABORATING/EXPOUNDING ANSWERS
Go straight to the point. The length of answers and expounding the same,
must always be proportionate to the points allotted for such particular
question. The higher the points, the more in-depth the elaboration should
be. However, it must not appear “na nambobola ka na”. Sometimes, if your
answer is too long, it is an indication that you are not sure of the answer
so there is that need of getting around the bush. Remember that most of
the times, MORE TALK, MORE MISTAKE!!! (I got this tip frommy professor
in Political Law, Dean Mariano F. Magsalin, Jr.)
1. It should be borne in mind that…
2. It must be noted that…
4. It is worth observing…
6. More importantly, ….
7. Significantly,…
8. Corollarily,…
9. Furthermore,…
10. Moreover,…
11. Similarly,…
12. Parenthetically,…
22. As regards…
3. With regard to… (it is error to state “with regards to”)
24. Anent the (i.e. first issue),…
27. The language of the law leaves no room for doubt that,…
30. For all its conceded merits, (i.e. equity is available in the absence of
lawand not as its replacement)…
41. Likewise,..
42. In fine,
45. By analogy,…
48. Manifestly, there was (i.e. grave abuse of discretion amounting to lack
or excess of jurisdiction)
49. Needless to stress that…
50. It goes without saying that
51. The Supreme Court frowns upon the (i.e. illegal practice of forum
shopping as it erodes the administration of justice and makes a mockery of
the justice system).
52. There is no denying in this case, that (i.e. the petitioner never raised
the issue of jurisdiction throughout the entire proceedings in the trial court;
case of Tijam vs. Sibonghanoy)
53. It is now too late in the day for the respondent/defendant to (i.e. raise
the issue
of …)
54. Equally telling is the (i.e. factual finding of the lower court) that…
55. The gravamen of the (i.e. the crime of rebellion is an armed public
uprising against the government)
56. It cannot be denied that (i.e. the petitioner is also guilty of
negligence)…
57. Attention must be drawn to the fact that…
58. ___________ and ____________ are two mutually exclusive remedies.
An application of one precludes the application of the other.
59. To amplify,…
61. Notably,…
13. Decisive on the matter is the pertinent provision of the (i.e. Law
on Property)
7. In one case decided by the highest court of the land, it was held
that
8. In one case, the Supreme Court ruled that
13. The Supreme Court has steadfastly adhered to the doctrine which
states that
14. In a case with similar facts, the Supreme Court ruled that…
15. In several notable Supreme Court decisions, the highest court declared
that…
16. The Supreme Court has often stressed that…
17. In the landmark case of _____________, (if the case is so famous) the
Supreme Court laid down the doctrine which substantially provides that…
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…
24. In one case, the Supreme Court was emphatic when it ruled that….
EMPHASIZING CASE DOCTRINES / JURISPRUDENCE
1. It is hornbook doctrine in (i.e. Civil Law) that…
2. Immortal is the rule that…
3. Well settled is the rule…
14. Enshrined in the 1987 Constitution is the rule that (i.e. no person shall
be deprived of life, liberty or Property without due process of law)
11. It is a futile gesture on the part of the respondent to invoke the rule
on…
14. The position of the petitioner runs counter with the doctrine of…
20. The court cannot countenance the (i.e. inconsistent postures of the
petitioner)
25. The actuations of the accused in (i.e. fleeing and hiding) negates
(i.e. innocence)
26. While it is true that _______________ is a (i.e. constitutional
guaranteed right of a person), it does
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 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,…
3. Finally, …
4. Hence, …
5. Therefore, …
6. From the foregoing, it can be deduced that there is really (i.e. a violation
of…)
8. Lastly, …
9. Consequently,…
16. Undoubtedly,…
17. Indubitably,…
18. Clearly, the case at hand falls squarely within the purview of…
24. Clearly therefore, applying the aforecited ruling in the case at hand,…
27. To the unprejudiced mind, the actuations of the three, when analyzed
and taken together, leads to no other conclusion except that (i.e.
conspiracy among them existed)
32. In sum,..
38. Accordingly,…
· Believe in yourself. If you will not, then who do you expect would
believe in you. (Tip from Sir Bubut Cayco)
· Choose a study buddy if you want. But sometimes it is better that you do
not have one. More study buddies, more interruptions (more kwento).
Without you knowing it, “tapos na araw or September na”.
· 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.
· 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)
· 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.
. Avoid erasures.
. Review your answers. Scan your booklet before submitting the same. Be
sure you have not left any question unanswered.
——–GO O D LUCK! ! ! ——