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How To Answer Bar Exam Essay Questions
How To Answer Bar Exam Essay Questions
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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?”
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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
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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;
2. Appreciation of the applicable laws that may come into play;
3. Recognition of the issues posed;
4. Resolution of the issues through the analysis and application of the law to the given facts; and
5. Presentation and articulation of answer.
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.
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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;
4. Reason behind the law/concept/principle; and
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:
4th Paragraph – Conclusion (this may be part of the 3rd Paragraph)
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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…
12. The theory/argument has no ground to stand upon.
13. The contention has no leg with which to stand on.
14. The position of the petitioner runs counter with the doctrine of…
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useless/futile.
25. The actuations of the accused in (i.e. fleeing and hiding) negates (i.e.
innocence)
nugatory.
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.)
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
* 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
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
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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…
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CONCLUDING WORDS
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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
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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 _______
2. In a nutshell, the following are the elements of the crime of _________
3. The following elements are generally considered in the determination 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)…
that…
DISTINCTION
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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 ….
3. In the former, … while in the latter…
4. The former requires … while the latter…
5. … on the other hand ______________ is…
DEFINITION
1. Finishing is the key. Many fail the Bar exam (http://lawyerist.com/tag/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,
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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
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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.
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