Professional Documents
Culture Documents
DEFINITION / EXPLANATION
1. In capsule form, the following are the elements of the crime of
3. The following elements are generally considered in the determination ofthe presence of (i.e. employer-
employee relationship)
4. Among the (i.e. defenses/remedies) available to (i.e. Mr. X) as provided for by/in the (i.e. Civil Code) are:
(1)…
(2)…
5. The following are the requisites for…
6. In order that a case for (i.e. B.P. 22) to prosper, the following elements must be attendant/present:
* Tips on answers that require enumerating something. (i.e. elements). 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. If you
cannot enumerate all, write it in paragraph form so that it would not easily be noticeable that you missed
something. (I got the above tip from our mentor Atty. Gafar Lutian)
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 (That was a tip I learned from
my professor in Civil Law Review I, Atty. Virgilio Gesmundo).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 followings
ways:
1. b.
2. In the first, it is necessary that there be….., whereas in the second it is sufficient
that there be ….
1. The case is beyond the ambit of the jurisdiction of the (i.e. Regional TrialCourt)
5. The case of (i.e. ejectment) lies with the Municipal Trial Court.
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…
4. It is worth observing…
6. More importantly, ….
7. Significantly,…
8. Corollarily,…
9. Furthermore,…
10. Moreover,…
11. Similarly,…
12. Parenthetically,…
22. As regards…
27. The language of the law leaves no room for doubt that,…
28. Justice and fair-play dictates that,…
30. For all its conceded merits, (i.e. equity is available in the absence of lawand not as its replacement)…
5. This is consistent with the time-honored maxim (i.e. nullum crimen nulla poena sine lege).
36. As it is imbued with public interest,…
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…
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)
2. In a long-line of cases decided by the Supreme Court, it has always been (consistently) held that…
7. In one case decided by the highest court of the land, it was held 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…
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…
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)
19. It is a legal presumption, born of wisdom and experience, that (i.e. official duty has been regularly performed;
that the proceedings of a judicial tribunal are regular and valid and that judicial acts and duties have been and will be
duly and properly performed. The burden of proving irregularity in official conduct is on the part of the petitioners.)
5. It is crystal clear from the facts presented that (i.e. the crime of treason) is present (or was committed).
6. In the present case, it is immediately noticeable that the element of __________ is wanting (or lacking).
2. With all due respect to the judge, his decision is apparently erroneous or is not in accord with law and
existing jurisprudence.
4. It is now too late in the day to raise the issue of…
10. Petitioner’s reliance on the (i.e. doctrine of…) is inappropriate. The doctrine of … does not apply in cases where /
of…
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.
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
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,…
32. In sum,..
38. Accordingly,…
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
September na”.
· Before starting your review, be sure that the tension has already subsided. (Specifically starting the month of July
when tensions really soars 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 amount 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.
· 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
· Answer each question one at a time. Focus on one question before thinking or bothering yourself of the succeeding
questions.
· Do not stay in a number for so long. Leave at least a sheet for a 5point question. Go to the next number if you do
not know the answer. If I am not mistaken, more than one (1) bar 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 item unanswered. Malay mo, may points for the effort/ink .Kidding aside, a blank sheet will surely get an
automatic 0 point. So better answer all.”
· 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.
. Answer straight to the point. Be responsive to the question. Answer only what is being asked. Though it is tempting
to showcase your knowledge, do not over-elaborate.
. Avoid erasures.
. Review your answers. Scan your booklet before submitting the same. Be sure you have not left any question
unanswered.
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! ! ! ——