Bar Exam Methods,

Techniques, and the

EDGE Approach
Solicitor Jose Angelo A. David
How to Answer Essay-Type
Questions
 Taxonomy of essay questions
 Anatomy of a good answer to an essay-type question
 Exam-taking skills
Competencies Assessed

 knowledge of the law and jurisprudence

 effective communication skills
The Supreme Court says:

 “In many instances, incorrect English is more

serious as a problem than the lack of precise
knowledge of law, and has been the cause of
high failure rates.”

 “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 well-written and
logical.”
So, what is the Supreme Court looking
for in a bar exam answer?

 Answers to all essay-type question must be:

 logically and concisely presented,
 supported by legal basis,
 grammatically correct, and
 convenient to read.
Form

 Booklet must be neat.

 For erasures, strikethrough once. The petitioner is
correct.
 Do not fold pages of the booklet for any reason. If you
change your mind about an answer you have already
written in full, just write one big slash across the
paragraph/s you want to erase.
 Answers must be legible.
 Do not leave notes to the examiner like “My answer is
on the last page.”
 Observe Supreme Court rules and instructions.
Form

 Observe proper margins

 Observe proper spacing and indention
 Follow basic grammar rules, punctuation and
spelling
 See Strunk & White’s Elements of Style
Observe proper tenses

 The COMELEC erred”, not “The COMELEC err”

 “Petitioner did not receive notice”, not “Petitioner did
not received notice.”
 “The rule on succession does not apply.”, not “The rule
on succession does not applies.”
 For easy reference, when you want to use “do”, “does” or
“did”, the succeeding verb must be in its base form.
Subject-verb agreement
 Incorrect: One of the requisite of judicial review is lis mota.
 Incorrect: One of the requisites of judicial review are lis mota.
 Correct: One of the requisites of judicial review is lis mota.
 Incorrect: Petitioners is correct.
 Correct: Petitioners are correct.
 Incorrect: Andres have legal standing to file the petition.
 Correct: Andres has legal standing to file the petition.
 Incorrect: Both law is unconstitutional
 Correct: Both laws are unconstitutional.
 “Either circumstance is enough”, not “Either circumstances are
enough”
 “Neither party is correct”, not “Neither parties are correct”
Sentence fragments

 Incorrect: Treason is a ground for impeachment. While

rebellion is not.
 Correct: While treason is a ground for impeachment,
rebellion is not.
 Correct: Treason is a ground for impeachment. On the
other hand, rebellion is not a ground.
 Correct: Treason is a ground for impeachment; rebellion is
not.
Subjunctive mood

 Incorrect: If I was the judge, I will rule in favor of the

accused.
 Correct: If I were the judge, I would rule in favor of the
accused.
Voice and Perspective

 Incorrect: In one case decided by the Supreme Court, it was

ruled that psychological incapacity is characterized by
gravity, incurability and juridical antecedence.
 Correct: According to the Supreme Court, the characteristics
of psychological incapacity are gravity, incurability and
juridical antecedence.
 Incorrect: I firmly believe that the petitioner is correct.
 Correct: The petitioner is correct.
 Incorrect: I submit that the defendant is not liable.
 Correct: No, the defendant is not liable.
Others

 There is a difference between “may be” and “maybe”. “May be”

indicates something that might happen or a potential state of affairs.
“Maybe” is an adverb, which means perhaps or possibly.
 “While it may be true that the Supreme Court abandoned the
condonation doctrine in Carpio-Morales v. Court of Appeals, such
abandonment is prospective in application.” versus “Do you agree?
Maybe.”
Form

 Introductory and transitional expressions.

 Do not contract words. Use only allowable
abbreviations and acronyms.
 Examples of abbreviations which are not allowable:
“w/c” for “which”, “bec.” or “coz” for “because”.
 Examples of allowable acronyms: “NCC” for the “New
Civil Code”, “FC” for “Family Code”, “RPC” for
“Revised Penal Code”, “SC” for Supreme Court
Taxonomy of Essay Questions

 Types of Essay Questions

 Objective type
 Hypothetical or Fact-based type
 Each type of question requires a different approach.
Objective Type
Answering Objective Type Questions

 Definition. What is the doctrine of res ipsa

loquitur?
 Enumeration. Enumerate the grounds for
dismissal of an ordinary civil action.
 Distinction. Distinguish psychological incapacity
from insanity.
Example of an Answer to an
“Enumeration” Question

BAD:
The President, the Vice-President, the Members of
the Supreme Court, the Members of the
Constitutional Commissions, and the Ombudsman
may be removed from office, on impeachment for,
and conviction of, culpable violation of the
Constitution, treason, bribery, graft and corruption,
other high crimes, or betrayal of public trust.
Example of an Answer to an
“Enumeration” Question

GOOD:
Article XI, Section 2 of the 1987 Constitution provides
for the different grounds for impeachment, as follows:
1. Culpable violation of the Constitution;
2. Treason;
3. Bribery;
4. Graft and corruption;
5. Other high crimes; and
6. Betrayal of public trust.
Example of an Answer to a “Distinction”
Question
Psychological incapacity may be distinguished from insanity as
follows:

As to their effect on the marriage, psychological incapacity

nullifies the marriage, while insanity is only a ground for
annulment of the marriage;

As to the time of their existence in order to be a ground to

terminate the marriage, psychological incapacity must be
characterized by juridical antecedence. On the other hand,
insanity need only affect the mental disposition of the party
during the celebration of their marriage.
Hypothetical Type
Issue-Posing Type vs.
Issue-Spotting Type
 Both are fact-based questions.
 Issue-posing questions already provide the issue while
Issue-spotting questions do not.
What is an issue?

 An issue is the underlying problem or legal dispute.

 The resolution of the issue will lay down the premise for
the correct answer to the immediate question posed.
 It is the “real” question.
Issue-Spotting or
Issue-Posing?
Floyd Mayweather was walking in a dark,
unlighted alley along Mendiola at 11 p.m.
Suddenly, a masked man accosted him, pointed a
gun against his waist, and threatened to kill him
if he, Floyd Mayweather, did not surrender his
iPad mini. Floyd Mayweather swiftly got his Swiss
knife from his pocket and stabbed the masked
man to death.

It turned out that the masked man was his friend

Manny Pacquiao, that the gun was only a toy gun,
and that Manny Pacquiao was only trying to pull a
joke on Floyd Mayweather.

Is Floyd Mayweather criminally liable for the

death of Manny Pacquiao?
Floyd Mayweather was walking in a dark,
unlighted alley along Mendiola at 11 p.m.
Suddenly, a masked man accosted him, pointed a
gun against his waist, and threatened to kill him
if he, Floyd Mayweather, did not surrender his
iPad mini. Floyd Mayweather swiftly got his Swiss
knife from his pocket and stabbed the masked
man to death.

It turned out that the masked man was his friend

Manny Pacquiao, that the gun was only a toy gun,
and that Manny Pacquiao was only trying to pull a
joke on Floyd Mayweather.

Prosecuted for homicide, is mistake of fact a

valid defense on the part of Floyd Mayweather?
Sarah was charged with murder. She applied
for bail. The trial court denied outright
Sarah’s application for bail on the ground
that murder, being punishable by reclusion
perpetua, is non-bailable.

Is the ruling correct? Why or why not?

Issue-Spotting

Sarah was charged with murder. She applied

for bail. The trial court denied outright
Sarah’s application for bail on the ground
that murder, being punishable by reclusion
perpetua, is non-bailable.

If you were Sarah’s counsel, would you seek a

reconsideration of the trial court’s order?
Issue-Posing

Sarah was charged with murder. She applied for

bail. The trial court denied outright Sarah’s
application for bail on the ground that murder,
being punishable by reclusion perpetua, is non-
bailable.

Did the trial court err in not conducting a

hearing prior to the denial of Sarah’s application
for bail?
Answering Fact-based Questions

 Use the EDGE Approach

 Express answer in Yes or No (when applicable)
 Discuss Legal Basis
 Go down to the Facts
 End Answer with Conclusion
Express Answer – Yes or No?
 Address the immediate question being asked.
 Use the echo method.
 Examples
 Q: Is the petitioner correct?
 A: No, the petitioner is not correct (in contending that …)

 Q: As counsel for the plaintiff, what legal action will you

take?
 A: As counsel for the plaintiff, I would file a motion for
reconsideration of the court’s judgment (nullifying the
marriage between the parties.)

 Q: Decide on the motion filed by the respondent.

 A: The case should be dismissed (because of res judicata.)
Discuss Legal Basis
 Introductory terms
 Generic: “Under the New Civil Code, …”, “Under
the law, …”, “It is a well-settled rule that …”, “The
Supreme Court has held that …”
 Specific: “Article 14 of the New Civil Code provides
that …”, “In the case of U.S. v. Ah Chong, the
Supreme Court held that …”, “The Supreme Court
has ruled in the case of Cui v. Arellano University
that …”
Go down to the Facts
 Apply the law to the given set of facts.
 Transitional terms:
 “Here …”, “In this case …”, “In the case at bar …”, “In the
problem …”, “Based on the facts, …”, “Applying the law, …”
 Be consistent. Use the same concepts or terms that
you cited in your legal basis.
End Answer with a Conclusion
 Transitional terms:
 “Therefore, …”, “Thus, …”, “Hence, …”, “To
conclude, …”, “In conclusion, …”
Sample Q&A using the
EDGE Approach
Sample Question No. 1

A and B, both Filipino citizens, are married.

While in the USA, they obtained a divorce
decree. One year thereafter, A married C in
the USA where the marriage is valid. Is A’s
marriage with C valid in the Philippines?
Questions to be addressed

 Immediatequestion: Is the marriage

between A and C valid in the Philippines?
 Underlying legal issues:
 Intermediate
question: Does the marriage
between A and B still subsist?
 Ultimate question: Is the divorce decree in
favor of and B secured abroad valid?
 No, A’s marriage with C is not valid in the Philippines.

Article 41 of the Family Code states that “a marriage contracted by

any person during the subsistence of a previous marriage shall be null
and void.” Further, Article 15 of the Civil Code states that “laws relating
to family rights and duties, or to the status, condition and legal capacity
of persons are binding upon citizens of the Philippines, even though living
abroad.”

Here, A and B, both Filipino citizens, are bound by Philippine law

under which law, A and B cannot validly resort to divorce to sever their
marriage ties, even though secured abroad. As such, the marriage
between A and C was contracted during the subsistence of a valid
marriage between A and B.

Thus, the marriage between A and C is not valid in the Philippines.

 No, A’s marriage with C is not valid in the Philippines because such
marriage was contracted during the subsistence of a valid marriage
between A and B.

Article 41 of the Family Code states that “a marriage contracted by

any person during the subsistence of a previous marriage shall be null
and void.” Further, Article 15 of the Civil Code states that “laws relating
to family rights and duties, or to the status, condition and legal capacity
of persons are binding upon citizens of the Philippines, even though living
abroad.”

Here, A and B, both Filipino citizens, are bound by Philippine law

under which law, A and B cannot validly resort to divorce to sever their
marriage ties, even though secured abroad.

Thus, the marriage between A and C is not valid in the Philippines.

 No, A’s marriage with C is not valid in the Philippines
because under Article 41 of the Family Code “a marriage
contracted by any person during the subsistence of a
previous marriage shall be null and void.”

Here, by virtue of Article 15 of the Civil Code, A and B,

both Filipino citizens, are bound by Philippine law which
prohibits Filipinos from resorting to divorce to sever their
marriage ties, even though secured abroad. Thus, the
marriage between A and B subsists.

Considering the foregoing, the marriage between A and

C is not valid in the Philippines having been contracted
during the subsistence of the marriage between A and B.
Sample Question No. 2
During the Second World War, several women were either
abducted or lured by false promises of jobs as cooks or
waitresses, and eventually forced against their will to have sex
with Japanese soldiers. They often suffered from severe
beatings and venereal diseases. Historians confirmed that the
Japanese government operated these so-called “comfort
stations.”

Several surviving “comfort women” feel that, to date, they

have not been paid adequate reparation by the Japanese
government. They filed a complaint for damages against the
Japanese government before the appropriate Philippine court.

Will that case prosper?

 No, the case will not prosper.

In United States v. Guinto, the Supreme Court held that all

states are sovereign equals and cannot assert jurisdiction over one
another—par in parem non habet imperium. A sovereign state is
immune from suit in the local courts of another state.

Japan, being a sovereign state, enjoys sovereign immunity

from suit, and any suit against it before the local courts of the
Philippines is dismissible.

Thus, the complaint for damages brought by the surviving

Filipina “comfort women” against the Japanese government will
not prosper.
Sample Question No. 3
The Philippine National Police launched ‘Oplan Tokhang’ to
look for dangerous drugs in the high-class neighborhood of
Alabang. Many residents felt uncomfortable with the ‘Oplan
Tokhang’ operations after it was reported that police
officers searched some households without any search
warrant.
Aggrieved, some residents filed a complaint with the
Commission on Human Rights for the issuance of an
injunction order against the implementation of ‘Oplan
Tokhang’.
You are a Member of the Commission on Human Rights. Will
you vote to grant the relief prayed for by the residents of
Alabang? Explain your vote.
 I would vote to deny the relief prayed for by
the residents of Alabang.

The Supreme Court has held in Export

Processing Zone Authority vs. Commission on
Human Rights that the Constitution does not
confer jurisdiction on the Commission to issue
restraining orders or writs of injunction.

The Commission being bereft of jurisdiction

to issue the relief prayed for by the residents of
Alabang, there is no basis for me to vote in their
favor.
Sample Question No. 4
Iglesia ni Hesus (“INH”), a religious organization, is commemorating its
50th founding anniversary. INH was founded in Nasugbu, Batangas and is
scheduled to conduct two-day festivities along the major thoroughfares
of the municipality.
The Municipal Government of Nasugbu enacted two ordinances: (1)
Ordinance No. 1001 requiring all members of INH to attend the city-wide
karakol, a religious dance procession re-enacting Jesus’ travel from
Capernaum to Jerusalem for the Passover, and (2) Ordinance No. 1002
closing off public streets in the municipality in view of the festivities for
the INH founding anniversary.
Carlo Selda, a non-practicing INH member, filed a petition before the
Regional Trial Court asking for the declaration of unconstitutionality of
the two ordinances.
If you were the judge, how would you rule on the petition? Discuss the
constitutionality of each ordinance.
 Ordinance No. 1002 is constitutional, while Ordinance 1001 is not.

Article III, Section 5 of the 1987 Constitution states that no law shall be
made respecting an establishment of religion. This notwithstanding, religious
accommodation is allowed. In Re: Letter of Valenciano, the Supreme Court
held that in establishment, the State becomes involved through the use of
government resources with the primary intention of setting up a state
religion. In accommodation, the State, without being entangled, merely
gives consideration to its citizens who want to freely exercise their religion.

Here, the Municipal Government of Nasugbu used its resources in

enacting Ordinance No. 1001 that requires the participation of all INH
members to attend a religious event. This is a form of establishment of
religion prohibited under Article III, Section 5 of the 1987 Constitution.

On the other hand, Ordinance No. 1002 is not constitutionally

objectionable. The Constitution does not inhibit the use of public property,
such as public streets in the case at bar, for religious purposes when the
religious character of such use is merely incidental to a temporary use which
is available indiscriminately to the public in general.
Bar Exam Prep Tips
 Makean honest assessment of your strengths
and weaknesses.
 Objective and subjective assessment
 Skills-based assessment

 Know thy enemy.

 Readthe bar exam syllabus and Supreme Court
bar bulletins.

 Make a realistic study schedule and stick to it.

 Learn to adapt.
 Adjust your schedule whenever necessary.

 Lookfor review materials that best suit you

and attend bar review lectures.

 Practice
answering exam questions and
brush up on your English. Elevate your
EDGE!