EXAM GUIDE provides that ………..
”
By: Prof. Elmer T. Rabuya
Part 1: INSTRUCTIONS
Familiarize self with instructions and
FOLLOW the same:
“This questionnaire is in TWO (2)
PARTS: Part I with ten (10) questions
(numbered I to X), contained in five (5)
pages; and Part II with ten (10) questions
(numbered XI-XX), contained in five (5)
pages, for a total number of ten (10)
pages.
“Write your answers to Part I and Part II
in the corresponding portions indicated in
the booklet.
“Begin your answer to each numbered
question on a separate page; an answer to
a sub-question under the same number
may be written continuously on the same
page and succeeding pages until
completed.
“Answer the questions directly and
concisely. Do not repeat the questions.
Write legibly.
Part 2: STRUCTURE
1) Follow the “inverted pyramid structure.”
- The inverted pyramid is a metaphor
used to illustrate the placing of the most
important information first within a text.
- The widest part at the top represents the
most important information the writer
means to convey.
- The tapering lower portion illustrates that
other material should follow in order of
diminishing importance
Part 2: STRUCTURE
2) Application to law school/bar exams:
- Present your answer right away.
For example, if the question is this: “Is
the marriage valid, void or voidable?,” the
answer should begin with this statement:
“The marriage is valid (or void, or
voidable).”
Part 2: STRUCTURE
§Explain your answer right away, by
providing the legal basis/bases. For
example:
“The marriage is valid because the law
§After providing the legal basis, explain
the application of the legal basis with the
particular facts of the case.
§You may thereafter briefly reiterate your
conclusion.
Part 2: STRUCTURE (Sample Problem
# 1) --- involving application of law
PROBLEM: In December 2000, Michael
and Anna, after obtaining a valid marriage
license, went to the Office of the Mayor of
Urbano, Bulacan, to get married. The
Mayor was not there, but the Mayor’s
secretary asked Michael and Anna and
their witnesses to fill up and sign the
required marriage contract forms. The
secretary then told them to wait, and went
out to look for the Mayor who was
attending a wedding in a neighboring
municipality. When the secretary caught
up with the Mayor at the wedding
reception, she showed him the marriage
contract forms and told him that the couple
and their witnesses were waiting in his
office. The Mayor forthwith signed all the
copies of the marriage contract, gave them
to the secretary who returned to the
Mayor’s office. She then gave copies of
the marriage contract to the parties, and
told Michael and Anna that they were
already married. Thereafter, the couple
lived together as husband and wife, and
had three sons.
Is the marriage of Michael and Anna
valid, voidable, or void? Explain your
answer?
Part 2: STRUCTURE (Sample Answer)
“The marriage is void. The law provides
that the absence of any of the essential or
formal requisites, one of which is marriage
ceremony, shall render the marriage void
ab initio. The law further provides that the
contracting parties must personally appear
before the solemnizing officer to make
their personal declaration that they are
taking each other as husband and wife;
otherwise, there is no marriage ceremony.
•Part 2: STRUCTURE (Sample Answer)
In this case, while the contracting parties
made their personal declaration that they
were taking each other as husband and
wife by signing the marriage contract, the
same was not made in the presence of the
solemnizing officer. Hence, no marriage
ceremony took place.
There being no marriage ceremony,
which is one of the formal requisites for a
valid marriage, what transpired between
Michael and Ana is a void marriage.
Part 2: STRUCTURE (Sample Problem
# 2) --- involving application of law and
case
PROBLEM: Harry married Wilma, a very
wealthy woman. Barely five (5) years into
the marriage, Wilma fell in love with
Joseph. Thus, Wilma went to a small
country in Europe, became a naturalized
citizen of that country, divorced Harry, and
married Joseph, all pursuant to the laws of
her new country. A year thereafter, Harry
married Gina. Is the marriage of Harry to
Gina valid?
Part 2: Structure (Sample Answer)
Yes, the marriage is valid because the
divorce obtained by Wilma is valid and
Harry has regained his capacity to
remarry.
Under the law, if the foreign spouse
obtains a decree of absolute divorce
capacitating him/her to remarry, the
Filipino spouse regains his/her capacity to
remarry. According to the Supreme Court,
in applying this law the reckoning point is
not the
Part 2: Structure (Sample Answer)
the citizenship of the parties at the time
of the celebration of the marriage, but their
citizenship at the time a valid divorce
decree was obtained by the alien spouse
capacitating the latter to remarry.
Applying the foregoing rules to this case,
since Wilma was already a foreigner at the
time she obtained the decree of divorce,
which capacitated her to remarry, Harry
has likewise regained his capacity to
remarry. Thus, Harry’s marriage to Gina is
valid.
Part 2: STRUCTURE
*** Reminder: Answer must not be too
long nor too short.
Physical Structure:
- Max of 3 short paragraphs
- First 2 pars, max of 3 short sentences
- Optional, third par; not more than 2
sentences
Part 2: STRUCTURE (1st par.)
First Paragraph:
Contains answer and legal basis.
Hierarchy of legal basis: Constitution,
laws, rules, decision of Supreme Court…
Part 2: STRUCTURE
Reminders: (As to answer)
- Answer the question directly. Stand must
be clear. Avoid qualifications.
- If question calls for a categorical answer,
do not qualify.
- Give a qualified answer only if called for
by the facts of the case.
Part 2: STRUCTURE
Reminders: (on legal basis)
-Refrain from quoting the law verbatim.
Just state the substance.
-Refrain from citing the specific
article/section number.
-If what is applicable is the general rule, no
need to enumerate the exception/s.
-If what is applicable is the exception, cite
the general rule before citing the exception
applicable. No need to cite the other
exceptions, if not applicable.
Part 2: STRUCTURE
Second Paragraph:
- Synthesis: legal basis and facts of the
case.
- Application of legal basis to facts of case.
-Optional Third Paragraph:
Reiteration of answer, with summary of
explanation as reflected in facts of case.
Part 3: Do’s and Don’ts
1.DON’T: In coming up with an
explanation, do not simply repeat what is
already in the facts. Otherwise, you are
not saying anything new.
Example:
“The marriage is void because the
contracting parties signed the marriage
contract not in the presence of the mayor.
Hence, no marriage ceremony took place.”
Part 3: Do’s and Don’ts
Critique:
- The explanation “because the contracting
parties signed the marriage contract not in
the presence of the mayor….” is already in
the facts of the case. If that is your
explanation, your answer becomes a mere
“yes” or “no” answer without any
explanation.
- The conclusion “no marriage ceremony
took place” is without any legal basis.
Part 3: Do’s and Don’ts
DO: State your legal basis.
Example: The problem calls for the
application of Articles 4 and 6 of FC.
Hence:
“The marriage is void. The law provides
that the absence of any of the essential or
formal requisites, one of which is marriage
ceremony, shall render the marriage void
ab initio. The law further provides that the
contracting parties must personally appear
before the solemnizing officer to make
their personal declaration that they are
taking each other as husband and wife;
otherwise, there is no marriage
ceremony.”
Part 3: Do’s and Don’ts
2. DON’T : Do not assume that the
examiner knows the law. Remember you
are the one being examined about your
knowledge of the law.
Example: The answer [“The marriage is
void because the contracting parties
signed the marriage contract not in the
presence of the mayor. Hence, no
marriage ceremony took place.”] assumes
that the examiner knows Articles 4 and 6
of the Family Code.
•Part 3: Do’s and Don’ts
Critique:
If you will assume that examiner knows
the law, chances are you will not be
providing the legal basis for your answer.
You will simply be answering the question
using the facts of the case. In so doing,
you will be merely repeating facts which
are already presented in the problem.
Part 3: Do’s and Don’ts
DO: State the legal basis, no matter how
basic it is. Remember: you are being
tested on your knowledge of the law.
3. DON’T: In stating the legal basis, refrain
from stating the law verbatim. And refrain
from citing the exact number of
article/section of law that you are applying.
Why? Because if you committed
mistakes, it will be taken against you.
Part 3: Do’s and Don’ts
DO: Simply state the substance of the law.
4. DON’T: Do not tell everything that you
know about the topic covered by the
question. Your answer should not only be
direct to the point, concise, but must also
be responsive to the question.
DO: Limit the discussion only to the legal
basis which is necessary to answer the
question. For example, if the question calls
for the application of one of the
exceptions, there is no need to discuss the
other exceptions which are not material to
the resolution of the problem.
Part 3: Do’s and Don’ts
5. DON’T: If question is answerable by
general rule, do not anymore discuss the
exceptions. Otherwise, you will no longer
be direct to the point and responsive to the
question.
DO: But if the question is answerable by
applying an exception, you must state the
general rule before discussing the
exception. Otherwise, the exception may
appear to be the rule if you will not discuss
the general rule.
Part 3: Do’s and Don’ts
Illustrative Problem:
President Aquino was requested to
solemnize the marriage of A and B. He
obliged and he solemnized the marriage.
Is such marriage valid?
Part 3: Do’s and Don’ts
Suggested Answer: [Applying only the
rule]
“No, the marriage is void. Under the law,
the President has no authority to
solemnize a marriage. Further, the law
provides that the absence of any of the
essential or formal requisites of marriage,
one of which is the authority of the
solemnizing officer, shall render the
marriage void ab initio.
In this case, since the solemnizing officer
(the President) has no authority to
solemnize the marriage, the same is void
ab initio.”
Part 3: Do’s and Don’ts
Illustrative Problem:
President Aquino was requested to
solemnize the marriage of A and B. He
obliged and he solemnized the marriage.
Can the parties rely on their good faith to
make their marriage valid?
Part 3: Do’s and Don’ts
Suggested Answer: [Citing rule and
exception]
“No, the marriage remains void. The rule
is that the absence of the authority of the
solemnizing officer shall render the
marriage void ab initio. However, if either
or both of the parties believed in good that
the solemnizer had the legal authority to
do so, the marriage is valid.
In this case, however, the parties
committed not a mistake of fact but a
mistake of law. Hence, the same may not
be the basis of good faith following the rule
that ignorance of the law excuses no one
from compliance therewith.”
Part 3: Do’s and Don’ts
6. What to do in your booklet?
a) Write legibly.
b) Follow the manner of numbering of
questions in your booklet.
c) Observe proper margins (left, right, top
and bottom.
Part 3: Do’s and Don’ts
- At the top, you may start writing on the
second line. Then skip one line in between
paragraphs.
- At the bottom, you may leave three or
two lines vacant.
d) Booklet must be neat/clean.
- Only way to erase --- use straight lines,
lightly made
Part 3: Do’s and Don’ts
- Do not tear the page.
- Do not cancel a page by making a big X
mark.
e) Answer to next main question, should
be written on a next page; but answer/s to
sub-questions may be written continuously
on same page.
Part 3: Do’s and Don’ts
f) Avoid ending your answer at the end of
the page. As much as possible, try to end
it at the next page, thus leaving sufficient
space (which you may use in the event
that you decide to change your answer).
Avoid: Please see my answer to question
no. _____, at the end.
Part 3: Do’s and Don’ts
7. Do not leave any question unanswered.
Do not give the impression that your
knowledge of the law is less than the
others. If you cannot find any legal
explanation, use common sense.
8. Do not forget use of common sense. It
may help.
Part 3: Do’s and Don’ts
9) Finally, after all has been done,
PRAY…