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

attendant/present:
REASON/S BEHIND THE LAW 7. To constitute (i.e. homicide), the following requisites must concur:
8. (i.e. Legal compensation) requires the concurrence of the following conditions:
1. The purpose of the law is… 9. To establish a person’s culpability under (i.e. estafa), it is indispensable that…
2. The law is designed to…
3. It is intended to shield … * Tips on answers that require enumerating something. (i.e. elements). If you can enumerate
4. It is primarily aimed at protecting ____________ from unwarranted __________ all, write it in bulleted or numbered form to highlight the fact that you know all of them and
5. The rationale behind the law is… for more convenient-reading purposes. If you cannot enumerate all, write it in paragraph
6. The spirit of the law is to the effect that… form so that it would not easily be noticeable that you missed something. (I got the above tip
from our mentor Atty. Gafar Lutian)
DEFINITION / EXPLANATION
DISTINCTION
1. ________________ is a comprehensive term used to describe _________.
2. _________________, in its generally accepted sense, refers to …. When being asked to distinguish, do not state its definition. If you give its definition, you are
3. … It is a safeguard and guarantee provided by the 1987 Constitution.. in effect asking the examiner to extract out the differences of the two [or more] from your
4. … It is a kind of relief granted to a ______________ by the … definition. Do not also give their similarities. You are asked to differentiate and contrast, so
5. ________________ is a branch of public law (or private law) which deals with.. similarities are not included (That was a tip I learned from my professor in Civil Law Review I,
6. It pertains to… Atty. Virgilio Gesmundo). The number of distinctions you will give must also be proportionate
7. It connotes a …. on the points allotted for such. If it is only worth two points, do not give 8 distinctions. The
8. … is a doctrine in (i.e. Civil Law) which refers to… examiner cannot give you 8 points for that…. For a two-point distinction question, perhaps,
9. … is a principle in (i.e. Criminal Law) which states that… three would be enough (four is not too much).
10. It presupposes… 1. The (i.e. two) may be distinguished from each other in the following ways:
11. Its principal identifying feature is.. 2. In the first, it is necessary that there be….., whereas in the second it is sufficient
12. It is akin to… that there be ….
13. The function of which is to… 3. In the former, … while in the latter…
14. The office of which is to… 4. The former requires … while the latter…
ENUMERATION 5. … on the other hand ______________ is…
1. In capsule form, the following are the elements of the crime of ANSWERING QUESTIONS WITH VAGUE FACTS (or which requires qualification)
2. In a nutshell, the following are the elements of the crime of But if the facts are complete in itself, do not attempt to add facts or assume anything.
3. The following elements are generally considered in the determination of the presence of 1. We must distinguish. If… (or As far as the __________ is concerned)
(i.e. employer-employee relationship) 2. It depends. If…(or As far as the __________ is concerned)
4. Among the (i.e. defenses/remedies) available to (i.e. Mr. X) as provided for by/in the (i.e. The question requires a qualified answer. If…
Civil Code) are: 4. I will qualify. If…
(1)… 5. On the assumption that…
(2)… 6. My answer must be qualified.
5. The following are the requisites for… JURISDICTION
6. In order that a case for (i.e. B.P. 22) to prosper, the following elements must be
1. The case is beyond the ambit of the jurisdiction of the (i.e. Regional TrialCourt) 19. The reasons are well-known. (expound)
2. It is within the ambit of the (i.e. Secretary of Labor’s) power. 20. The reasons are plain. (expound)
3. It is not within the province of the (i.e. Municipal Trial Court) 21. Under the same line of reasoning,…
4. It is clearly within the powers of the (i.e. Labor Arbiter) to… 22. As regards…
5. The case of (i.e. ejectment) lies with the Municipal Trial Court. 23. With regard to… (it is error to state “with regards to”)
6. The case is cognizable by the (i.e. Regional Trial Court) 24. Anent the (i.e. first issue),…
7. The case is covered by the (Rules on Summary Procedure). 25. As far as the ________________ is concerned,…
8. The law vests upon the (i.e. Secretary of Justice) the power to… 26. This is indicated by the fact that…
ELABORATING/EXPOUNDING ANSWERS 27. The language of the law leaves no room for doubt that,…
28. Justice and fair-play dictates that,…
Go straight to the point. The length of answers and expounding the same, must always be 29. Applying the principle of….
proportionate to the points allotted for such particular question. The higher the points, the 30. For all its conceded merits, (i.e. equity is available in the absence of law and not as its
more in-depth the elaboration should be. However, it must not appear “na nambobola ka replacement)…
na”. Sometimes, if your answer is too long, it is an indication that you are not sure of the 31. The law is categorical with regard to…
answer so there is that need of getting around the bush. Remember that most of the times, 32. Notwithstanding the… (i.e. execution of the document)
MORE TALK, MORE MISTAKE!!! (I got this tip from my professor in Political Law, Dean Mariano 33. It is beyond debate that,…
F. Magsalin, Jr.) 34. It is imperative to look at,…
35. This is consistent with the time-honored maxim (i.e. nullum crimen nulla poena sine
1. It should be borne in mind that… lege).
2. It must be noted that… 36. As it is imbued with public interest,…
3. It may be recalled that… 37. In like manner,
4. It is worth observing… 38. In the same manner,
5. It must be taken into consideration that… 39. In the same vein,
6. More importantly, …. 40. In the same breath,
7. Significantly,… 41. Likewise,..
8. Corollarily,… 42. In fine,
9. Furthermore,… 43. It bears articulating that
10. Moreover,… 44. The controlling element in the (i.e. crime of estafa) is…
11. Similarly,… 45. By analogy,…
12. Parenthetically,… 46. Suffice it to state that..
13. In other words,… 47. Emphasis must also be placed at…
14. Otherwise stated,… 48. Manifestly, there was (i.e. grave abuse of discretion amounting to lack or excess of
15. Simply put,… jurisdiction)
16. Simply stated,… 49. Needless to stress that…
17. Stated more concretely… 50. It goes without saying that
18. The reasons are obvious. (expound) 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). QUOTING SUPREME COURT DECISIONS
52. There is no denying in this case, that (i.e. the petitioner never raised the issue of 1. The Supreme Court in one case, had the occasion to rule that…
jurisdiction throughout the entire proceedings in the trial court; case of Tijam vs. In a long-line of cases decided by the Supreme Court, it has always been (consistently) held
Sibonghanoy) that…
53. It is now too late in the day for the respondent/defendant to (i.e. raise the issue 3. In a litany of cases decided by the Supreme Court,
of …) 4. In a long-string of cases decided by the highest court of the land,
54. Equally telling is the (i.e. factual finding of the lower court) that… 5. According to several cases decided by the Supreme Court,…
55. The gravamen of the (i.e. the crime of rebellion is an armed public uprising against the 6. In a series of cases decided by the Supreme Court,
government) * Do not use the words series, litany or long-line
56. It cannot be denied that (i.e. the petitioner is also guilty of negligence)… if there is only one decision/jurisprudence for that topic.
57. Attention must be drawn to the fact that… 7. In one case decided by the highest court of the land, it was held that
58. ___________ and ____________ are two mutually exclusive remedies. An application of 8. In one case, the Supreme Court ruled that
one precludes the application of the other. 9. It has been said that…
59. To amplify,… 10. In a recent case, the Supreme Court has laid to rest the issue of whether or not…
60. It must be pointed out that… 11. It is well settled in this jurisdiction…
61. Notably,… 12. It is well settled in this country…
62. At the outset, the (i.e. defendant)… 13. The Supreme Court has steadfastly adhered to the doctrine which states that
63. Coming now to the issue of (i.e. prescription),… 14. In a case with similar facts, the Supreme Court ruled that…
15. In several notable Supreme Court decisions, the highest court declared that…
CITING LAW PROVISIONS 16. The Supreme Court has often stressed that…
1. No less than the (i.e. 1987 Constitution) provides for the… 17. In the landmark case of _____________, (if the case is so famous) the Supreme Court
2. The (i.e. Rules of Court) substantially provides in part that… laid down the doctrine which substantially provides that…
3. Under the broad principles of (i.e. due process clause)… 18. In the leading case of …
4. Under the all-encompassing doctrine of (i.e. incontestability clause)… 19. As enunciated by the Supreme Court in one case,…
5. Under the law… 20. The court has repeatedly ruled…
6. According to the (i.e. Family Code)… 21. A case in point is a case already decided by no other than the highest court of the land,
7. The law is explicit on the matter. where the Supreme Court held that…
8. The law explicitly expresses in part that… 22. There is likewise an array of cases in this jurisdiction where the Supreme Court has
9. By express provision of law,… consistently declared that…
10. By operation of law… 23. Deeply rooted is the jurisprudence which provides that…
11. As a matter of law… 24. In one case, the Supreme Court was emphatic when it ruled that….
12. Worth remembering is the rule on _______________ which provides in part that… EMPHASIZING CASE DOCTRINES / JURISPRUDENCE
13. Decisive on the matter is the pertinent provision of the (i.e. Law on Property) 1. It is hornbook doctrine in (i.e. Civil Law) that…
14. The law prescribes certain rules on… 2. Immortal is the rule that…
15. By legislative fiat… 3. Well settled is the rule…
4. Well entrenched is the principle that.. was committed).
5. Elementary is the rule that.. 6. In the present case, it is immediately noticeable that the element of __________ is
6. The cardinal rule in (i.e. labor law) is that wanting (or lacking).
7. It is a familiar canon in (i.e. political law) that 7. Under the circumstances, the proper remedy would be…
8. By well settled public law… 8. The case obtaining indicates a case of (i.e. B.P. 22)
9. Basic is the rule in (i.e. Criminal Law)… 9. It logically follows…
10. It is an elementary principle in… 10. It goes without saying…
11. It is a fundamental doctrine in… 11. Even assuming arguendo, for the sake of argument that…
12. Well accepted is the rule that… 12. The situation in the case at hand…
13. It is axiomatic in (i.e. Civil Law) that 13. The situation presented evinces a case of…
14. Enshrined in the 1987 Constitution is the rule that (i.e. no person shall be deprived of 14. The facts sufficiently indicated …
life, liberty or Property without due process of law) 15. In the given facts, it is immediately apparent that…
15. Consonant with the rule on… 16. It is evident that…
16. It is a recognized doctrine in (i.e. Civil law) that… 17. In the same token…
17. It is a basic tenet in (i.e. Commercial Law) 18. Under the facts stated in the problem,…
18. Consistent with current jurisprudence 19. In the case under consideration,…
19. It is a legal presumption, born of wisdom and experience, that (i.e. official duty has been 20. Worth stressing is the fact that
regularly performed; that the proceedings of a judicial tribunal are regular and valid and 21. Worth emphasizing is the fact that
that judicial acts and duties have been and will be duly and properly performed. The burden 22. The facts would reveal that…
of proving irregularity in official conduct is on the part of the petitioners.) 23. A careful perusal of the facts of the case would reveal that…
20. It is an oft-repeated rule that… 24. A careful scrutiny of the actuations of the accused would reveal that…
21. The Philippines adhere to the principle of… 25. A careful reading of the (i.e. Deed of Absolute Sale) would reveal that…
REFERRING BACK TO THE CASE (correlating the facts with the law/jurisprudence) 26. A cursory examination of the…
Note: In my personal opinion, it is not proper to use the statements “in the case at ANSWERING IN THE POSITIVE
bench” or “in the case at bar” when answering. Although I guess it is very tempting 1. The petition is meritorious.
because it sounds good and professional to state, “in the case at bar/bench”, we must 2. The contention has legal basis.
not forget that the cases given in the Bar are only theoretical. The statements “in the 3. The case will prosper.
case at bench” and “in the case at bar” are more appropriately used in pleadings in 4. The argument is proper.
court. After all, you can use the statements “In the instant case, In the facts given, In the 5. The provision is perfectly applicable.
problem given and in the question presented.” 6. The action is tenable.
1. Applying the said law/doctrine in the instant case, 7. The motion should be granted.
2. From the facts given, noteworthy is the … 8. The Judge is correct.
3. From the facts of the case, it is readily observable that… 9. The petition is impressed with merit.
4. In the instant case, it may be observed that… 10. Yes. It is a (i.e. patent violation) of the
5. It is crystal clear from the facts presented that (i.e. the crime of treason) is present (or 11. There is merit in the petition.
12. The petitioner’s contention is sustainable.
ANSWERING IN THE NEGATIVE 33. It is not enough that…
1. The contention does not hold water. 34. The fact that … is immaterial since…
2. With all due respect to the judge, his decision is apparently erroneous or is not in 35. The fact that … is irrelevant since…
accord with law and existing jurisprudence. 36. In itself, mere …… is not sufficient (i.e. to warrant conviction)….
3. The contention is totally misplaced. 37. The petitioner cannot give any additional meaning to the clear and plain language of
4. It is now too late in the day to raise the issue of… the law.
5. The petition is not meritorious. 38. The Supreme Court, in several cases, has struck down the (i.e. defense of alibi)
6. The evidence presented deserves scant consideration. 39. The attendant circumstances of the case are contrary to the petitioner’s assertion.
7. The contention has no legal basis. 40. The evidence does not support the theory of the petitioners.
8. The argument is bereft of merit. 41. There is no cogent reason to disturb the ruling of the (i.e. Court of Appeals)
9. The petition is devoid of merit. 42. The claim for (i.e. moral damages) must necessarily fail.
10. Petitioner’s reliance on the (i.e. doctrine of…) is inappropriate. The doctrine of … 43. The (i.e. respondent) cannot rely on (i.e. mere alibis) to aid his cause.
does not apply in cases where / of… CONCLUDING WORDS
11. It is a futile gesture on the part of the respondent to invoke the rule on… 1. From the gamut of evidence on hand, it can be gathered/deduced that,…
12. The theory/argument has no ground to stand upon. 2. Taken all together,…
13. The contention has no leg with which to stand on. 3. Finally, …
14. The position of the petitioner runs counter with the doctrine of… 4. Hence, …
15. The case will not prosper. 5. Therefore, …
16. The case is not tenable. 6. From the foregoing, it can be deduced that there is really (i.e. a violation of…)
17. The act of the accused in… is of no moment. 7. From the foregoing, it is now safe to conclude that….
18. The assertion lacks substance. 8. Lastly, …
19. The decision is erroneous. 9. Consequently,…
20. The court cannot countenance the (i.e. inconsistent postures of the petitioner) 10. As a necessary consequence…
21. The testimony that…, cannot be given credence. 11. The logical implication is that…
22. The evidence presented has no probative value. 12. At any rate,…
23. The allegation is belied by the fact that… 13. In view of the foregoing,…
24. To put it otherwise would be to render the law on _____________ useless/futile. 14. As an inevitable conclusion,…
25. The actuations of the accused in (i.e. fleeing and hiding) negates (i.e. innocence) 15. In the light of the circumstances,…
26. While it is true that _______________ is a (i.e. constitutional guaranteed right of a 16. Undoubtedly,…
person), it does not, however mean… 17. Indubitably,…
27. It is not correct to say that… 18. Clearly, the case at hand falls squarely within the purview of…
28. It is not proper to state that… 19. Verily, he/she has committed…
29. It is not accurate to conclude outright that… 20. For this/these reason/s, it is unavoidable to conclude that…
30. A contrary conclusion would erode the rule that provides in part that… 21. Based on the facts obtaining,…
31. To sustain the contention would be to render the law on ____________ nugatory. 22. In this light,…
32. It would be absurd and incongruous to sustain the argument that… 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 soar 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 number 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 If you are so sure of the answer, you can directly answer yes or no. But if you are just
(provision of law in point, jurisprudence, co-relation of the jurisprudence/provision with the guessing or not so sure of the answer, you better start citing law provisions and
facts of the case and application).Third paragraph normally contains the conclusion. When jurisprudence first.
you are already decided of your answer, write it according to your thoughts. In this Logic behind:
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 If you answer yes or no and it happened to be wrong, chances are, you will get an automatic
eyes of the person checking the same. 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
• Allocate the time depending on the number of questions. so many booklets to check.
• Answer each question one at a time. Focus on one question before thinking or bothering On the other hand, if you cite the law provisions and jurisprudence first, even though your
yourself of the succeeding questions. yes or no answer placed in the last paragraph/sentence is wrong, you might get some credit.
• Do not stay in a number for so long. Leave at least a sheet for a 5point question. Go to the (The examiner might say, “may alam tong batang to, nalito lang”). Finally, at least, the
next number if you do not know the answer. If I am not mistaken, more than one (1) bar examiner has read all your answer and explanation before grading you for that item.
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 CARDINAL RULES IN TAKING THE BAR
item unanswered. Malay mo, may points for the effort/ink .Kidding aside, a blank sheet will • Do not forget your test permits, Supreme Court color coded Identification card, and other
surely get an automatic 0 point. So better answer all.” pertinent documents/things as required in the letter coming from the SC allowing you to
• Don’t blame yourself or don’t panic if you failed to answer an item or two. It’s perfectly take the Bar.
normal. What is abnormal is if you failed to answer questions that you know the answer of • Bring a watch with you to keep you updated of the time left.
just because you bothered/blamed yourself so much on the items you don’t know. In short, • Never be tempted to cheat.
if you failed to finish the exam. • Keep your focus.
• Carefully read and comprehend the instructions and questions.
• As my professor Atty. Francis Sababan told us before, “mga bata, avoid passing your • Answer one at a time.
booklet too early. The time allocated for each subject may be too much, but it must be used • Answer straight to the point.
wisely to: (1) write legibly, (2) compose your answers properly, (3) avoid erasures, (4) • Be responsive to the question.
observe proper margin, and (5) review your answers. After all there are no prizes for early • Answer only what is being asked.
finishers.” • Though it is tempting to showcase your knowledge, do not over-elaborate.
AFTER A BAR SUBJECT (OR ENTIRE BAR EXAM) • Avoid erasures.
• Do not discuss answers. It is futile because the booklets had already been submitted and it • Do not hurry at the expense of substance (and readability) of your answers.
could greatly affect your performance for the remaining subjects. If your noble reason on • Leave a space before starting a new paragraph.
asking about the answers is for you to know the same, I suggest that you wait until the exam • Review your answers.
results have been already released. For self-preservation reasons, for sure you will be anxious • Scan your booklet before submitting the same.
and fearful if you would discover that you have incurred (just for example) 10 mistakes. • Be sure you have not left any question unanswered.
• Bring extra sign/fountain pens.
IMPORTANT REMINDER IN ANSWERING • 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
25 DO'S & DONT'S IN THE BAR EXAM
[1] Only sign pens and fountain pens in permanent blue, blue-black or black ink shall be used
in writing answers. Changes in the color of the ink used shall not be allowed. Changes in the
style of handwriting within one notebook should be avoided.
[2] Answers should be written legibly and erasures avoided. In case of a mistake, the Bar
examinee should simply draw a line across the word or words to be changed or erased. NO
ERASURES OR TEARING-OFF OF ANY PAGE OF THE NOTEBOOK IS ALLOWED.
[3] THE BAR EXAMINEE'S NAME CANNOT BE WRITTEN IN ANY PART OF THE NOTEBOOK NOR
IS ANY UNNECESSARY MARKING OR IMPERTINENT EXPRESSION ALLOWED TO BE MADE
ANYWHERE IN THE NOTEBOOK. Names of persons other than those specifically mentioned in
the questionnaire cannot be used. Unless particular names are called for, persons shall be
referred to by letters of the alphabet such as A, B, C, etc.
[4] As a reminder, prayers or personal notes written in the examination notebook shall be
considered as markings that shall disqualify the Bar examinee from the WHOLE bar
examinations.
[5] Answers should be written on the face or side of the page of the examination notebook
fronting the examinee. In case all the front sides of all pages have been used, the examinee
may use the back sides of the pages of the exam notebook starting from the back side of the
first page and the back side of every page thereafter. In case of any doubt in this regard,
directions should be secured from the headwatcher.
[6] The THIRD BELL (11 :30 a.m.; 5:30 p.m.) signals that only thirty (30) minutes are left before
the end of the examination. The FOURTH BELL (11:55 a.m.; 5:55 p.m.) signifies that only five
(5) minutes are left before the end of the examination.
[7] A Bar examinee finishing the exam before the FIFTH BELL may immediately submit his/her
examination notebook to the headwatcher and shall forthwith leave the room.
[8] At the FIFTH BELL (12:00 noon; 6:00 p.m.), all Bar examinees should submit their
examination notebooks, finished or unfinished. Failure to submit the examination booklet as
required will result in the examinee's disqualification. For example, any Bar examinee who
leaves the assigned room for any length of time however brief without submitting his/her
examination notebook, can no longer make a submission and is considered disqualified from
the whole Bar Examinations.
[9] The examinees can bring home the examination questionnaires or submit it together with
the examination notebooks. A copy of the questionnaire in every Bar subject will also be
seasonably posted in the Supreme Court website. Although an examinee can bring home the
questionnaire for every Bar subject, it is best for a Bar examinee to clear his/her mind of the
past examination and to move on to the next subject.
[10] After every examination and before leaving the room, the Bar examinee should ask for
his/her Notice of Admission from the headwatcher, who shall accomplish the certification
found at the back of the Notice of Admission as proof of the examinee's completion of the
examination.
[11] The Notice of Admission will be retained by the headwatcher at the end of the last Bar
examination, i.e., after the Legal Ethics examination on the 4th Sunday, for submission to the
Office of the Bar Confidant as required.
[12] Every Bar examinee with special medical or other needs (e.g. insulin injections or taking
medications during examination hours) should so inform the Office of the Bar Confidant so
that appropriate preparations can be made or taken well ahead of examination time.
[13] If the Bar examinee feels sick during the actual examination, he/she should immediately
call the attention of the headwatcher or watcher so that appropriate action may be taken.
The Court has prepared for this contingency.
[14] Every Bar examinee should attend to his/her toilet needs before the FIRST BELL. If he/she
needs to go to the toilet at any time during the actual examination, the attention of the
headwatcher or watcher should be called for directions on the procedures to observe in these
eventualities.
[15] It may be advisable to bring extra t-shirts and umbrellas. As well, exam rooms are fully
air-conditioned. For the examinees' comfort and convenience, they may need to bring
sweaters or jackets.
[16] Every Bar examinee should master this Guide and the examination Instructions in the
cover page of every Questionnaire. This Guide is provided well ahead of time to give the
examinees time for its study. A Sample Bar Instructions will be posted in the Court's Bar
Bulletin. The sample questionnaire will contain a copy of the Instructions that will apply to
the actual Bar examinations, subject to the necessary changes that particular Bar subjects
may call for.
[17] Read each question carefully for its full and complete understanding. Pay particular
attention to the directive or direction word/s the essay question uses. Examples of direction
words are argue, compare, contrast, define, decide, and distinguish. The answer should
respond to what these directives or direction words exactly require.
[18] Again, time planning and pacing are essential, remembering that the essay questions
contain the bulk - at least 80% - of the examination.
[19] Every well-written essay question specifically asks for the resolution of the legal problem
posed. The examinee's task is to provide the resolution that the essay question calls for,
nothing more and nothing less, with sufficient explanation of how the examinee arrived at
his/her conclusion. Note that in a 5-point essay exam, the examiner can give credit even if
the answer is not exactly correct but the answer is wellwritten and logical. Consider, however,
that the use of the "shotgun" approach in answering essay questions may not be the best
approach as it indicates the lack of exact or specific knowledge about the questions asked.
[20] Go straight to the point if you know the exact answer to the question. As a good rule to
follow, draw an outline of the proposed answer - after reading the question and
understanding what it requires, take some time to note (mentally or on a scratch paper) a
brief outline of the proposed answer. The examinee can use the questionnaire but not the
exam booklet to do the outline. The outline allows him/her to systematically present all the
pertinent information in a logical order.
[21] Write clearly and legibly. Use black, blue or blue-black ink only. Pencils will no longer be
used nor allowed for the examinations. As a rule, five to six words per line significantly
contribute to readability.
[22] The examinee can help the examiner's assessment of the answer by providing clues to
the line of thinking used and the answer's pattern of organization. Use transitional words
such as first, second, next, finally, on the other hand, consequently, furthermore and in
conclusion.
[23] Answers should always be proofread. Because an essay exam is also a test of the
examinee's writing ability, he/she should spend some time to review his/her answer. Look
for mistakes in grammar and punctuation, check for misspelled or missing words and omit
needless words.
[24] Make sure no uncalled for name, distinguishing or identifying mark is placed in one's
notebook. Care should be taken not to use a specific name when no such name is called for.
Do not write any prayer to God nor any special plea addressed to the examiner. Leaving or
making a distinguishing or identifying mark in the exam booklet is classified as cheating and
can subject the examinee to disqualification for the whole examination.
[25] An examinee will be considered cheating if caught with notes or "codigos" during the
examination, or if caught copying or allowing the copying of examination answers by another
Bar examinee. Conversing or talking to other bar examinees during the examination shall be
prima f acie evidence of cheating. Any communication with another Bar candidate can be
done only with the prior permission and in the presence of the exam headwatcher. SOURCE:
http://sc.judiciary.gov.ph/baradmission/2014/ruleofconduct.pdf
BAR EXAM TIPS: 45 WAYS OF CITING SC
CASES, THEORIES
When quoting the Supreme Court, citing a piece of jurisprudence or mentioning a principle,
doctrine or theory during the bar examination or during law school examinations, remember
the following tips by Atty. Rey Tatad, Jr. (Rephrased to fit the flow of discussion.)
[1] The Supreme Court in one case, had the occasion to rule that xxx.
[2] In a long-line of cases decided by the Supreme Court, it has always been (consistently)
held that xxx.
[3] In a litany of cases decided by the Supreme Court, it has been decreed that xxx.
[4] In a long string of cases decided by the highest court of the land, xxx.
[5] According to several cases decided by the Supreme Court, xxx.
[6] In a series of cases decided by the Supreme Court, xxx.
NOTE: Do not use the words series, litany or long-line if there is only one decision/piece of
jurisprudence for that topic. (Atty. Rey Tatad, Jr.)
[7] In one case decided by the highest court of the land, it was held that xxx.
[8] In one case, the Supreme Court ruled that xxx.
[9] It has been said that xxx.
[10] In a recent case, the Supreme Court has laid to rest the issue of whether or not xxx.
[11] It is well settled in this jurisdiction that xxx.
[12] It is well settled in this country that xxx.
[13] The Supreme Court has steadfastly adhered to the doctrine which states that xxx.
[14] In a case with similar facts, the Supreme Court ruled that xxx,
[15] In several notable Supreme Court decisions, the highest court declared that xxx.
[16] The Supreme Court has often stressed that xxx.
[17] In the landmark case of AAA vs. BBB, the Supreme Court laid down the doctrine which
substantially provides that xxx.
NOTE: Better cite very famous cases only. (Atty. Rey Tatad, Jr.)
[18] In the leading case of AAA vs. BBB, xxx.
[19] As enunciated by the Supreme Court in one case, xxx.
[20] The court has repeatedly ruled that xxx.
[21] A case in point is AAA vs. BBB where the Supreme Court held that xxx.
NOTE: The phrase "already decided by no other than the highest court of the land" takes up
too much space and sounds corny. (Project Jurisprudence)
[22] There is likewise an array of cases in this jurisdiction where the Supreme Court has
consistently declared that xxx.
[23] Deeply rooted is the jurisprudence which provides that xxx.
[24] In one case, the Supreme Court was emphatic when it ruled that xxx.
[25] It is hornbook doctrine in (e.g. civil law) that xxx.
NOTE: Do not confuse i.e. with e.g. The first means "id est" or "that is." The second means
"exempli gratia" or "example given." Some professors say "i.e." means "in example." This is
totally bullshit. Also, "e.g." does not mean "example given." (Project Jurisprudence)
[26] Immortal is the rule that xxx.
[27] Well settled is the rule that xxx.
[28] Well entrenched is the principle that xxx.
[29] Elementary is the rule that xxx.
[30] The cardinal rule in (e.g. labor law) is that xxx.
[31] It is a familiar canon in (e.g. political law) that xxx.
[32] In labor law, it is well-settled that xxx.
[33] Basic is the rule in (e.g. criminal law) that xxx.
[34] It is an elementary principle in xxx.
[35] It is a fundamental doctrine in xxx.
[36] Well accepted is the rule that xxx.
[37] It is axiomatic in (e.g. civil law) that xxx.
[38] Enshrined in the 1987 Constitution is the rule that xxx.
[39] In consonance with the rule that xxx (or the rule in civil law that xxx).
[40] It is a recognized doctrine in (e.g. civil law) that xxx.
[41] It is a basic tenet in (e.g. commercial law) that xxx.
[42] Consistent with current jurisprudence, xxx.
[43] It is a legal presumption, born of wisdom and experience, that (e.g. official duty has been
regularly performed, etc.)
[44] It is an oft-repeated rule that xxx.
[45] The Philippines adheres to the principle of xxx.
SC SUGGESTS WORDS TO AVOID WHEN
WRITING
SOURCE: TECHNIQUES IN ANSWERING BAR QUESTIONS BY ATTY. REY TATAD, JR from
https://www.facebook.com/attyiwillbe/posts/848575985328253
Law students and lawyers are known to use big words in their writings and dialogues but it
appears that the Supreme Court (SC) is not impressed with this. In a 2005 guideline, the Court
suggested that some words be avoided and, instead, simpler words be used. Supreme Court
(2005). Alternative Use of Words. The Supreme Court, citing Clear and Effective Legal Writing,
124. December 15, 2005.
Avoid this If this will work as well
Accord Give
Adequate amount Enough
Afford Give
Aggregate Total
Allocate Give, divide
An adequate number of Enough
Anent About
A number of Many, several
Applicable That applies
Apprise Inform
As a consequence of Because of
As to About, of, by, for, in
A sufficient number of Enough

At a later date Later

Attain Reach Filed a complaint Complained
At the present time Now Filed a counterclaim Counterclaimed
At the time when When Filed an application Applied
At this point in time Now Filed a motion Moved
Attributable to From, by For the duration of During
Bears a significant resemblance to Resembles For the purpose of To, for
Bring an action against Sue For the reason that Because
By means of By Furnish Give, provide
By reason of Because of Has the option of May
Cease Stop Herein In this (agreement, etc.)
Commence Begin Indicate Show
Constitute Makeup Implement, effectuate Begin, carry out
Deem Consider Inasmuch as Since, because

During such time as While In connection with With

During the course of During In excess of More than
During the month of May In May Initiate Begin
Effect settlement Settle In lieu of Instead of
Entered a contract to Contracted In order to To
Envisage Think, see, regard Instant case Here, this case
Eventuate Happen Institute Begin
Exclusively Only Inter sese Among themselves
Expiration End in the event that If
In the light of the fact Because Originate Start
In the near future Soon Make inquiry Ask, inquire
In violation of Violates Make mention of Mention
Is able to Can Motion for vacatur Motion to vacate
Is n compliance with Comply Per annum A year
Is in conformity with Conforms Performed a search on Searched
Is of the opinion that Believes Place a limitation upon Limit
Is violative of Violates Prior to Before
Made application Applied Procure Get
Made provision Provided Provide assistance Help
Maintain Keep, continue, support Provide protection to Protect
Make allegations Allege Provide responses Respond
Make an examination of Examine Promulgate Issue

Necessitate Require Provided that However if

Not less than At least Pursuant to Under, by, in accordance with
Notwithstanding Despite Reach a resolution Resolve
Notwithstanding the fact that Although Render Make
Offer testimony Testify Retain Keep
On a daily basis Daily Reveal the identity of Identify
On or before By Said (adjective) The, this, that
On the ground that Because Same (pronoun) It, them
On the part of By Shall Must, may, will
Solely Only, alone
Submit Send, give
Subsequent to After
Sufficient Enough
Sub suo periculo At one's own peril
Such That, this, those, the
Terminate End, finish
The majority of Most
The means by which How
Thereafter Later
Therein In it, in them, inside
Transmit Send
Transpire Happen

Until such time as Until

Unto To
Utilize Use
With regard to About
Without the Philippines Outside the Philippines
Whether or not Whether