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How To Answer Law Exmas and Bar Exam
How To Answer Law Exmas and Bar Exam
IMPRESSIVELY
The then Chairperson of the Committee on Bar Examinations, Madame Justice Ameurfina Melencio-Hererra,
submitted a report to the Philippine Supreme Court her observations on the 1980 bar exams.
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”.
She further emphasized: “The examinees inhabiting the lowermost rungs of the grading scale manifested not
alone an appalling lack of knowledge of the fundamental principles involved in the examination questions but
also an inability to logically string their thoughts together compounded by an almost incredible deficiency in
language skills.”
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?”
Answer – “No. considering his possession as peace officer by the higher authority to patrol the place
where robbery are frequent. The one responsible for this is the Municipal Mayor who order without
warrant of arrest and the act of the patrolman are in good faith believing to be a robbery entering a
house. So the proper party liable is the Municipal Mayor.”
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.”
Answer – “The defense counsel of the accused contention in untenable assuming now that there is no
illegal taking of the jeep from “AA”. The owner but “BB” a temporary driver hired by “AA” failure to
return the jeep such vehicle as now ready to be sold by “BB” have an intent to gain is theft cases as
an element.
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.
A bar examinee’s answer should be a total “package”. Meaning, it contains all the necessary
ingredients. This is when the 4Ls come in: law, language, logic, and layout. His answer should be
legible and neat without the irritating erasures observing the proper margin and space between
paragraphs with correct composition, grammar and spelling coupled of course of the knowledge of
the law principles and its application to the given set of facts responsive to the issue or question at
hand.
The examiner will be looking and expecting for the following from your answer:
1. Proper understanding and appreciation of the facts, particularly of the components or details that can
be material in resolving the given problem;
4. Resolution of the issues through the analysis and application of the law to the given facts; and
4. your conclusion.
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 demonstrate your knowledge of legal principles and your ability to repeat them accurately
on the examination as they relate to the problem presented by the question. You should state concisely the
principle(s) and rule(s) governing the issue(s) presented by the question.
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.
An answer that consists entirely of mere conclusions unsupported by any statements or discussion of the rules
or reasoning upon which it is based is entitled to little credit. Clarity and conciseness are important, but make
your answer complete. Do not volunteer irrelevant or immaterial information.
ARTICULATION
Articulation is expressive of the following basic fundamentals: good language, impressive presentation, logical
reasoning and substantial background knowledge of law and procedure. Impressive answers showing the
candidates reasoning faculty is what the examiners want to read in your examination notebooks.
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;
5. Case Problem.
CASE PROBLEM
This type comprises an average of 80 – 90 percent of the questions in every subject, hence, it is imperative
that you are well-versed in answering the same.
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.
Below is the suggested outline/structure of your answer for a “case/situationer problem” question:
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.
11. It is a futile gesture on the part of the respondent to invoke the rule on…
14. The position of the petitioner runs counter with the doctrine of…
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)
useless/futile.
25. The actuations of the accused in (i.e. fleeing and hiding) negates (i.e.
innocence)
30. A contrary conclusion would erode the rule that provides in part that…
nugatory.
37. The petitioner cannot give any additional meaning to the clear and plain
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.
(But if the facts are complete in itself, do not attempt to add facts or assume anything.)
12. Worth remembering is the rule on _______________ which provides in part that…
13. Decisive on the matter is the pertinent provision of the (i.e. Law on
Property)
1. The Supreme Court in one case, had the occasion to rule that…
* 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
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…
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….
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)
5. It is crystal clear from the facts presented that (i.e. the crime of treason) is present (or was committed).
9. It logically follows…
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…
CONCLUDING WORDS
1. From the gamut of evidence on hand, it can be gathered/deduced that,…
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,…
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
32. In sum,..
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….
Therefore/Consequently… . . .
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 _______
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)…
6. In order that a case for (i.e. B.P. 22) to prosper, the following elements must be attendant/present:
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.
2. In the first, it is necessary that there be….., whereas in the second it is sufficient that there be ….
DEFINITION
5. ________________ is a branch of public law (or private law) which deals with..
6. It pertains to…
7. It connotes a ….
10. It presupposes…
3. It is intended to shield …
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.
8. If you really have no idea on how to answer a really difficult question, or a borderline case, or you do
not know what the answer is, the use of inverted pyramid of answering question may be helpful. This
may be done by inverting the usual answer format. Initially, present your knowledge of the law and/or
jurisprudence, then make your smart guess. With this, you may be able to show or convince the
examiner that you know something about the issue but you were merely incorrect in your conclusion,
you may get a credit for your answer.
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.
13. The key to success in any endeavor is preparation. Familiarity with the structure of the essay questions
and how you respond to them will go a long way in alleviating your anxiety on test day. You job is to
practice the approach we’ve just outlined so that it becomes so automatic by exam day that you move
from one step to the other without missing a beat.
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.