Professional Documents
Culture Documents
3. It is intended to shield …
DEFINITION / EXPLANATION
5. ________________ is a branch of public law (or private law) which deals with..
6. It pertains to…
7. It connotes a ….
10. It presupposes…
ENUMERATION
3. The following elements are generally considered in the determination of the 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:
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:
2. In the first, it is necessary that there be…., whereas in the second it is sufficient that there be ….
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 Trial Court)
2. It is within the ambit of the (i.e. Secretary of Labor’s) power.
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 from my professor in
Political Law, Dean Mariano F. Magsalin, Jr.)
4. It is worth observing…
6. More importantly, ….
7. Significantly, …
8. Corollarily, …
9. Furthermore, …
10. Moreover, …
11. Similarly, …
12. Parenthetically, …
22. As regards…
23. With regard to… (it is error to state “with regards to”)
27. The language of the law leaves no room for doubt that, …
30. For all its conceded merits, (i.e. equity is available in the absence of law and not as its replacement)
…
35. This is consistent with the time-honored maxim (i.e. nullum crimen nulla poena sine lege).
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)
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) …
58. ___________ and ____________ are two mutually exclusive remedies. An application of one
precludes the application of the other.
59. To amplify, …
61. Notably, …
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…
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…
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….
* Do not use the words series, litany or long-line if there is only one decision/jurisprudence for that topic.
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.)
REFERRING BACK TO THE CASE (correlating the facts with the law/jurisprudence)
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.”
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).
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…
2. With all due respect to the judge, his decision is apparently erroneous or is not in accord with law and
existing jurisprudence.
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…
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
not, however mean…
30. A contrary conclusion would erode the rule that provides in part that…
31. To sustain the contention would be to render the law on ____________ nugatory.
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, …
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 among them existed)
32. In sum,
38. Accordingly, …
39. Ergo