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QUESTIONS I MPRESSIVELY
M.November 18, 2015
Sharing tips from my Criminal Law Professor Atty. Ruben C. Talampas, Jr.
According to her several examinees have made very unsatisfactory showing to such
an extent that there is one who obtained a grade as low as 7% another obtained a
grade of 11%; still some others obtained grades of 12%; 16%; 17%; 18%; 19%;
20%; 21%; 24%; 25%; 26%; 27%; 31%; 34%; etc.”
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.
The following are actual questions and answers of some examinees which
demonstrate their lack of knowledge of the fundamental legal principles and
inadequate command of the English language:
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?”
Answer – “Both penalties must be served by the accused, and he was electrocuted
and died then it washes out the remaining sentence to served by the accused.”
Question No. 11. – “Patrolman Cruz, acting under orders of the Municipal Mayor,
Who wanted to put a stop to the frequent occurrence of robbery in Sitio Masukal,
patrolled the place. At about midnight, seeing three persons acting suspiciously in
front of an uninhabited house and entering the same, he arrested them without
warrant and took them to the municipal building where they were detained in jail for
about five hours before they were released.Patrolman Cruz was accused of arbitrary
detention. If you were the Judge, would you convict him of the crime charged?”
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.”
Our aim, of course, is not to ridicule and immortalize these Bar answers.
Our aim is to remedy, correct, and supplement the aforesaid deficiencies for
future bar takers so that they would not suffer the same fate.
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.
The examiner will be looking and expecting for the following from your answer:
Your answer should demonstrate your ability to identify correctly the problem(s) and
issue(s) of law presented in the question. Your answer should demonstrate your ability
to articulate and classify the problem presented, that is, to state it in a lawyer-like
fashion and to place it in its proper category or categories of doctrine.
Your answer should reveal your capacity to reason logically by applying the
appropriate rule or principle to the operative facts of the question as a step in reaching
your conclusion. This involves making the correct preliminary determination as to
which facts in the question are legally important and which, if any, are irrelevant.
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.
ARTICULATION
Your answer should demonstrate your ability to analyze the facts presented by the
question, to select the material from the immaterial facts, and to discern the points
upon which the question turns. It should show your knowledge and understanding of
the pertinent principles and theories of law involved and their qualifications and
limitations. It should demonstrate your ability to apply the law to the given facts, and
to reason logically in a lawyer like manner to a sound conclusion from the given
premises.
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;
4. Reason behind the law/concept/principle; and
5. Case Problem.
CASE PROBLEM
Given that you know already the law; that you know how to apply it to the set of facts;
that you write legibly enough; left you with one problem – that is how are you going
to present or articulate it in an impressive manner.
A ready outline or structure of your answer will tremendously help you to answer
faster without missing an important part. By constant practice in answering this type
of question with the outline/structure in your mind, you will be amazed how it easy
for you to start outright and tackle the question and come up with an impressive
answer.
3rd Paragraph – Correlation of the Law/Jurisprudence with the Facts of the Case
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?
Knowing “First Liners” or introductory words will greatly help you to quickly and
smoothly string your thoughts and effectively convey your answers. The following
“first liners” or introductory words can be used interchangeably to begin every
paragraph of your outlined answer.
The following “Useful Introductory Lines” are mostly taken from the article of Atty.
Rey C. Tatad, Jr. with the same title.
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…
12.The theory/argument has no ground to stand upon.
13.The contention has no leg with which to stand on.
14.The position of the petitioner runs counter with the doctrine of…
15.The case will not prosper.
16.The case is not tenable.
17.The act of the accused in… is of no moment.
18.The assertion lacks substance.
19.The (i.e. respondent) cannot rely on (i.e. mere alibis) to aid his cause.
20.The court cannot countenance the (i.e. inconsistent postures of the petitioner)
21.The testimony that…, cannot be given credence.
22.The evidence presented has no probative value.
23.The allegation is belied by the fact that…
24.To put it otherwise would be to render the law on _____________
useless/futile.
25.The actuations of the accused in (i.e. fleeing and hiding) negates (i.e.
innocence)
nugatory.
assertion.
(But if the facts are complete in itself, do not attempt to add facts or assume anything.)
Property)
1. The Supreme Court in one case, had the occasion to rule that…
2. In a long-line of cases decided by the Supreme Court, it has always been
* Do not use the words series, litany or long-line if there is only one
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
9. It has been said that…
10.In a recent case, the Supreme Court has laid to rest the issue of whether or
not…
11.It is well settled in this jurisdiction…
12.It is well settled in this country…
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…
CONCLUDING WORDS
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,…
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…..,
The law provides that/The Supreme Court has held in a line of cases……
Hence.. …
X’s claim is not meritorious, hence the case should be decided against him
According to the law/The Supreme Court, in many cases, has ruled that….
The. . . . is proper/tenable/untenable
Moreover . . ..Hence/Therefore
ENUMERATION
The real secret in remembering the matters contained in an enumeration is the use of
keywords. Make your keywords on enumerations you consider important. Never leave
a blank in an enumeration! However, if you use the letters a, b, c, etc. for numbers in
the enumeration, so much the better. Ten to one, the examiner may not count his
fingers. Make the first four in the enumeration definitely good.
If you can enumerate all, write it in bulleted or numbered form to highlight the fact
that you know all of them and for more convenient-reading
purposes.
1.
2.
3.
If you cannot enumerate all, write it in paragraph form so that it would not easily be
noticeable that you missed something.
1. In capsule form, the following are the elements of the crime of _______
2. In a nutshell, the following are the elements of the crime of _________
3. The following elements are generally considered in the determination of
(1)…
(2)…
that…
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.
DEFINITION
1. ________________ is a comprehensive term used to describe _______.
2. _________________, in its generally accepted sense, refers to ….
3. … It is a safeguard and guarantee provided by the 1987 Constitution..
4. … It is a kind of relief granted to a ______________ by the …
5. ________________ is a branch of public law (or private law) which deals
with..
6. It pertains to…
7. It connotes a ….
8. … is a doctrine in (i.e. Civil Law) which refers to…
9. … is a principle in (i.e. Criminal Law) which states that…
10.It presupposes…
11.Its principal identifying feature is..
12.It is akin to…
13.The function of which is to…
14.The office of which is to…
1. Finishing is the key. Many fail the Bar exam because they don’t finish the
exam. They spend so much time on an early question that they can’t finish the
later ones. Or they work on all of the questions at once, but without finishing
some or all of them. Either way, these Bar candidates are writing too slowly,
and it costs them their ticket to a law license. Focus on one question at a time.
Don’t bother or think of another question while answering one.
2. Budget your time according to the number of questions and length of problems.
Check the point percentage allocation for each question. This will be your
guide on how much time you will spend for a question. Of course, you will
devote more minutes to questions with a big or higher percentage (i.e. 5%;
10%) than questions with a minimum point percentage (i.e. 1%; 2%).
3. Set a time schedule. It’s easy to waste time by getting carried away by a single
question or by getting stuck on a question that’s giving you trouble. Make a
general allocation for each question and adjust the time depending on their
percentage weight. Monitor your pace so that you stay calm and will be able to
answer all questions on the exam.
4. If the question is lengthy, read first what is required at the bottom of the
question. By doing this, you will be able to determine what facts do you need
and what facts are immaterial. This will save you time from re-reading the
question. You can also start formulating your answer in mind while reading the
question, thus, it will be easier and faster for you to write your answers since
you are already guided by your earlier analysis. It will also minimize errors and
erasures.
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.
6. Before answering, formulate on your mind what will be placed on your first,
second and third paragraphs. Mentally apply your outline. The first paragraph
normally contains a one-sentence direct to the point answer to the question. The
second paragraph commonly contains legal basis (provision of law in point,
jurisprudence, co-relation of the jurisprudence/provision with the facts of the
case and application). Third paragraph normally contains the conclusion. When
you are already decided of your answer, write it according to your thoughts. In
this 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 eyes of the person checking the same.
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.
9. Number your answer accordingly. Don’t make the Examiner search for your
answers. Make your answer look professional. Don’t use textspeak and don’t
abbreviate. Answers which look professional, are well organized and which use
paragraphs and indenting where appropriate make the Examiner’s job easier.
10.An answer to one question in one problem requires a separate page. Answers to
sub-questions may be presented continuously in a page separated by space/s. It
is suggested, however, that even answers to sub-questions be presented on
separate page, unless your answer is very short, so that in case you want to
change any or in case you have missed a sub-question, you can still insert your
answer in the remaining spaces of the page.
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.
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.
15.Finally, PRAY!
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