GUIDE TO ANSWERING IN THE BAR EXAMS

BE EQUIPMENT READY.

• make sure your device is compliant, fully charged and that you have your charger/power
cord
• download the questions at the soonest possible instance

FOLLOW THE INSTRUCTIONS TO THE LETTER.

ANSWER CLEARLY and CONCISELY –

I. ENGLISH, PLEASE.
• Keep sentences short. Long sentences have greater potential to cause confusion.
o Avoid unnecessary words but not at the expense of clarity.
§ Generally, adjectives are not necessary.
§ Avoid unnecessary phrases such as "it is respectfully submitted
that.........", "it is my humble opinion that ......", "with all due respect ....."

o Limit each sentence to one idea or point.

o Break long sentences into short ones.

• Use the active voice rather than the passive voice.

o The active voice introduces the action earlier in the sentence and can better
emphasize the main point.
o Example:
§ Active: “The petitioner insists that the Supreme Court must grant the
motion.”
§ Passive: “It is insisted by the petitioner that the motion must be granted
by the Supreme Court.”

• Use simple, plain English.

o Avoid Latin phrases (such as “inter alia” and “prima facie”);
o Avoid legal jargon.

Reference: Elements of Style by Strunk and White

• Use logic or experience (i.e. common sense) especially when you cannot recall a statute
or case law to cite. After all, law is based on logic and experience.
II. ANSWER ONLY THE QUESTION ASKED.

• Directly
• Completely
• Example:

Question: “Is the RTC correct?”

Answer “NO, the RTC is NOT correct.” [Using the echo approach is preferred.]
“The RTC is wrong.”
“The RTC is incorrect.”
“No.”

Comment: All answers are correct but the reader (bar examiner) is least confused with
the first one.

• Using the Conclusion-Rule-Application Method or CRA helps the examinee in providing

short, direct and complete answers. The CRA method:

o Conclusion or the ultimate answer

§ Do not repeat or copy portions of the question in your answer as this may
be annoying and it makes the answer unnecessarily longer.

Example – “The law which provides (examinee repeats/copies here the

challenged provision as indicated in the question) is valid/invalid.”

o Rule or Law or Legal Principle involved [if none, use common sense based on
logic or experience]

§ As a rule, refrain from citing the names and captions of decided cases, as
well as specific article or section numbers of laws. Citing these specifics
could be risky.
Instead, you may answer this way: “In a decided case, ...” or “The law
provides ...” A general reference such as this is safer.

o Application of the Rule to the facts

§ See sample on page 5.
§ Avoid flowcharts when explaining, for instance, an appeal procedure. The
answer should contain the CRA as discussed.

III. DO NOT ANSWER QUESTIONS NOT ASKED; DO NOT INCLUDE MATTERS NOT RELEVANT
TO THE ISSUE.

• Example: Question: Is there Copyright Infringement?

 Answer: “There is Unfair Competition.”

IV. ANSWER ALL QUESTIONS, AND AVOID LEAVING BLANK PAGES.

• A sensible, though wrong, answer will sometimes be given partial credit. A blank page
will certainly not be given any points.
• But do not repeat an answer to another problem/question just to avoid leaving a
question unanswered. This is bad faith, tantamount to cheating and the Bar Examiner
can readily spot this.
• Also, avoid writing personal notes to gain the sympathy of the examiner.

V. DO NOT ASSUME FACTS NOT GIVEN IN THE PROBLEM.

• Worse, do not contradict the facts given!
• Example:
Problem states: “it was established that Bianca was a transgender all along – a
fact unknown to Carlo.”

Answer: “Impossible for Carlo not to have known that Bianca is a transgender.”

VI. DO NOT OVER-ANALYZE.

• This is the bar exams, no longer law school – trick questions are rarely asked.
• However, when the question is vague, ambiguous, or incomplete in details it is best to
make a distinction. The examinee should presume that the vagueness, ambiguity, or
incompleteness is deliberate, and the examiner expects a distinction to be made.

Example: X made a notarial will with three witnesses: A, B and C. A and B are Filipino
citizens, while C is a US citizen. X is a Filipino citizen, of sound mind and of legal age. The
execution of the will observed all the documentary requirements of law. Should the will
be admitted to probate?
The answer to this question calls for a distinction, namely, whether the witnesses are
domiciled in the Philippines or not. Citizenship in this case is immaterial. The law
requires that the witnesses be domiciled in the Philippines.

VII. BE CONSISTENT AND AVOID "HEDGING".

• Do not give inconsistent answers when the question calls for only one answer. For
example, your conclusion is "yes" but your explanation supports a "no" answer.

VIII. USE KEYWORDS WHENEVER POSSIBLE

• Generally, using keywords provide direct-to-the-point answers, i.e. shorter. For

example, in defining grave abuse of discretion, the mention of “whimsical, capricious,
 arbitrary” will provide an answer direct to the point. There is no need for a long answer.
Knowing the key words means the examinee understands the basic concept.
o See sample on page 5.
•

BE CAREFUL WITH THE NUMBERING –

• Roman numerals can be confusing. Make sure you do not skip any number.

BE MINDFUL OF THE TIME –

• Bar exams are time–bound. Make sure you don’t spend too much time in answering
earlier questions. You may not have enough time to finish answering all the questions.
• If you do not know the answer, and you are having difficulty in composing an answer to
that question, move on to the next, and come back to the previous question after you
have finished with the rest.

BE DISCIPLINED –

o • Plan! Follow your calendar; move on.

o • Exercise, e.g. walk 30 minutes a day.
o • “Fear is healthy. Panic is deadly.” Prepare early!
o • PRAY!
o • PRAY MORE!!
o • PRAY INCESSANTLY!
 [Note: Samples were taken from actual answers to the 2014 Bar Exam on Mercantile Law]

CRA METHOD

Yes, Carla can claim the insurance benefit.

Under the Insurance Code, a person may validly obtain a life insurance over the life of
another provided he has insurable interest in the life of the person insured.

Here, Carlo has an insurable interest on the life of Bianca since he was financially
dependent on the latter for his needs. Hence, despite the defect in their marriage due to Bianca’s
being a transgender, Carlo still has insurable interest over the latter’s life.

USE OF KEYWORDS

No. Matino is not correct because there is a LOSS not damage. His contention doesn’t
operate in case a loss occurred and such term should not be interpreted the same as damage.
When the terms of the policy are clear and plain, it should be applied as it is and it doesn’t call for
interpretatyion.