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Tips in Answering The Bar PDF
Tips in Answering The Bar PDF
REY
TATAD JR.
DEFINITION / EXPLANATION
ENUMERATION
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:
2. In the first, it is necessary that there be….., whereas in the second it is
sufficient that there be ….
3. In the former, … while in the latter…
4. The former requires … while the latter…
5. … on the other hand ______________ is…
ANSWERING QUESTIONS WITH VAGUE FACTS (or which requires
qualification) But if the facts are complete in itself, do not attempt to add facts
or assume anything.
JURISDICTION
1. The case is beyond the ambit of the jurisdiction of the (i.e. Regional
TrialCourt)
2. It is within the ambit of the (i.e. Secretary of Labor’s) power.
3. It is not within the province of the (i.e. Municipal Trial Court)
4. It is clearly within the powers of the (i.e. Labor Arbiter) to…
5. The case of (i.e. ejectment) lies with the Municipal Trial Court.
6. The case is cognizable by the (i.e. Regional Trial Court)
7. The case is covered by the (Rules on Summary Procedure).
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 from my professor in Political Law, Dean Mariano
F. Magsalin, Jr.)
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
(consistently) held that…
3. In a litany of cases decided by the Supreme Court,
4. In a long-string of cases decided by the highest court of the land,
5. According to several cases decided by the Supreme Court,…
6. In a series of cases decided by the Supreme Court,
Do not use the words series, litany or long-line if there is only one
decision/jurisprudence for that topic.
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…
16. In the landmark case of _____________, (if the case is so famous) the
Supreme Court laid down the doctrine which substantially provides
that…
17. In the leading case of …
18. As enunciated by the Supreme Court in one case,…
19. The court has repeatedly ruled…
20. 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…
21. There is likewise an array of cases in this jurisdiction where the Supreme
Court has consistently declared that…
22. Deeply rooted is the jurisprudence which provides that…
23. In one case, the Supreme Court was emphatic when it ruled that….
Note: In my personal opinion, it is not proper to use the statements “in the case
at bench” or “in the case at bar” when answering. Although I guess it is very
tempting because it sounds good and professional to state, “in the case at
bar/bench”, we must not forget that the cases given in the Bar are only
theoretical. The statements “in the case at bench” and “in the case at bar” are
more appropriately used in pleadings in court. After all, you can use the
statements “In the instant case, In the facts given, In the problem given and In
the question presented.”
1. Applying the said law/doctrine in the instant case,
2. From the facts given, noteworthy is the …
3. From the facts of the case, it is readily observable that…
4. In the instant case, it may be observed that…
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).
7. Under the circumstances, the proper remedy would be…
8. The case obtaining indicates a case of (i.e. B.P. 22)
9. It logically follows…
10. It goes without saying…
11. Even assuming arguendo, for the sake of argument that…
12. The situation in the case at hand…
13. The situation presented evinces a case of…
14. The facts sufficiently indicated …
15. In the given facts, it is immediately apparent that…
16. It is evident that…
17. In the same token…
18. Under the facts stated in the problem,…
19. In the case under consideration,…
20. Worth stressing is the fact that
21. Worth emphasizing is the fact that
22. The facts would reveal that…
23. A careful perusal of the facts of the case would reveal that…
24. A careful scrutiny of the actuations of the accused would reveal that…
25. A careful reading of the (i.e. Deed of Absolute Sale) would reveal that
26. A cursory examination of the…
ANSWERING IN THE POSITIVE
CONCLUDING WORDS
o Make sure you have enough and complete sleep. A well rested mind can
answer and articulate better.
o Pray
o Review the material you personally believe is a good last minute tip for
you.
o 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)
o 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 .
o 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.
o 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.
o 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.
DISCLAIMER!!!