HOW TO SL AY THE

DRAGON
E PHILIPPINE B AR EX AM S
R CHA NCES IN PA SSING TH
HOW TO INCREASE YOU

D I M A A M PA O , C PA
ATTY. HUSSEIN F.
YOUR TOOLS AND WEAPONS NECESSARY TO
SLAY THE DRAGON
1. READ YOUR CODALS
2. READ RELATED JURISPRUDENCE
3. READ QUAMTO
4. READ ANNOTATIONS FROM KNOWN AUTHORS
5. MASTERY IN ANSWERING BAR EXAMINATION QUESTIONS
READ YOUR CODALS
• READING CODAL PROVISIONS ENTAILS UNDERSTANDING THE WHY’S OR THE RATIONALE
• READ SLOWLY, WHEN NECESSARY TO UNDERSTAND A PARTICULAR PROVISION
• TRY TO AVOID THE URGE TO MEMORIZE, ESPECIALLY IF YOU DO NOT UNDERSTAND A PARTICULAR PROVISION
• FAMILIARIZE AND MEMORIZE (NOT MANDATORY) ONLY IMPORTANT CODAL PROVISIONS OR THOSE FREQUENTLY
ASKED IN THE BAR
• CODAL PROVISIONS SHOULD NOT BE READ ONLY ONCE, TWICE, THRICE . . . BUT AS MUCH AS NECESSARY.
• ALWAYS SEE TO IT THAT YOU HAVE YOUR CODALS HANDY FOR QUICK REFERENCE
CODALS
CODALS THAT SHOULD BE READILY AVAILABLE FOR QUICK REFERENCE:
• NEW CIVIL CODE OF THE PHILIPPINES
• REVISED PENAL CODE

• RULES OF COURT
• 1987 PHILIPPINE CONSTITUTION ( OR SOFT COPY OR IN PDF SAVED IN YOUR MOBILE PHONE)

OTHER CODALS BUT ARE ALSO EQUALLY IMPORTANT:

• LABOR CODE
• TAX CODE
• CORPORATION CODE, ETC.
READ RELATED JURISPRUDENCE
RELATE CODAL PROVISIONS TO JURISPRUDENCE OR CASE LAWS OR VICE VERSA
EXAMPLE:

ARTICLE 36 OF THE FAMILY CODE = PSYCHOLOGICAL INCAPACITY = CHING MING TSOI VS. CA AND GINA LAO

RULING: “SENSELESS AND PROTRACTED REFUSAL TO CONSUMMATE THE MARRIAGE IS EQUIVALENT TO PSYCHOLOGICAL INCAPACITY”
ONE OF THE ESSENTIAL MARITAL OBLIGATIONS UNDER THE FAMILY CODE IS “TO PROCREATE CHILDREN BASED ON THE UNIVERSAL PRINCIPLE THAT PROCREATION OF
CHILDREN THROUGH SEXUAL COOPERATION IS THE BASIC END OF MARRIAGE.” IN THE CASE AT BAR, THE SENSELESS AND PROTRACTED REFUSAL OF ONE OF THE
PARTIES TO FULFIL THE ABOVE MARITAL OBLIGATION IS EQUIVALENT TO PSYCHOLOGICAL INCAPACITY.

• THIS IS WHERE MEMORIZATION BECOMES EASIER

• UNDERSTAND THE RULING OR RATIONALE

• THE SECRET IS TO ESTABLISH A PICTURE IN YOUR MIND THAT ARTICLE 36 OF THE FAMILY CODE IS RELATED TO “PSYCHOLOGICAL INCAPACITY”
• THAT THERE IS A RELATED JURISPRUDENCE FOR ARTICLE 36 OF THE FAMILY CODE WHICH IS CHING MING TSOI VS. CA AND THAT THE RULING OF THE COURT
WAS “SENSELESS AND PROTRACTED REFUSAL TO CONSUMMATE THE MARRIAGE IS EQUIVALENT TO PSYCHOLOGICAL INCAPACITY”
READ QUAMTO
• QUESTIONS ASKED MORE THAN ONCE (QUAMTO)
• GET THE LATEST COPY FOR EACH BAR SUBJECT
• FAMILIARIZE WITH SUGGESTED ANSWERS IN QUAMTO
• TRY TO ANSWER THE QUESTIONS AS IF YOU WERE TAKING THE BAR EXAM USING THE ALAC METHOD
• COMPARE YOUR ANSWERS AND GAUGE YOURSELF, AND IF NECESSARY, GRADE YOUR ANSWERS AS IF YOU WERE THE BAR
EXAMINER
• THIS REINFORCES YOUR KNOWLEDGE OF THE LAW AND ITS APPLICATION TO THE RELEVANT FACTS
• THIS TRAINS YOU TO HOW TO SPOT ISSUE EASILY
• THIS HELPS IN GAINING CONFIDENCE IN ANSWERING BAR EXAMINATION QUESTIONS
READ ANNOTATIONS FROM KNOWN
AUTHORS
• CHOOSING A TEXT BOOK IS PERSONAL TO YOU
• SOME ARE HELPFUL AND SOME MIGHT JUST OVERWHELM YOU IN YOUR PREPARATION FOR THE BAR EXAMS
• STICK TO YOUR TEXT BOOKS YOU USED DURING YOUR COLLEGE OF LAW
• YOU SHOULD ALREADY HAVE READ THE ENTIRE TEXT BOOK DURING YOUR COLLEGE OF LAW
• IN YOUR PREPARATION FOR THE BAR, YOU HAVE THE OPTION TO RE-READ THE ENTIRE TEXT BOOK
• BASED ON MY PERSONAL EXPERIENCE, IT IS SUGGESTED THAT YOU READ ONLY WHEN YOU NEED TO REFER TO A
MATTER IN ORDER TO FACILITATE A COMPLETE UNDERSTANDING OF A PARTICULAR PROVISION OF LAW
MASTERY IN ANSWERING BAR EXAM
QUESTIONS
• PREFERRED METHOD IS ALAC (ANSWER, LEGAL BASIS, APPLICATION, CONCLUSION)
• YOU CAN USE OTHER METHOD WHICH YOU ARE ALREADY FAMILIAR WITH. ESSENTIALLY, IT SHOULD CONTAIN
YOUR ANSWER, LEGAL BASIS, APPLICATION AND CONCLUSION
• THE KEY TO MASTERY IN ANSWERING BAR EXAM QUESTIONS IS THE ABILITY TO SPOT THE LEGAL ISSUE AS
WELL AS THE RELEVANT FACTS
• TREAT THE BAR EXAM QUESTION OR PROBLEM AS A CASE WHICH CONTAINS BOTH RELEVANT AND IRRELEVANT
FACTS
• MANY FAIL THE BAR EXAMS BECAUSE OF THEIR LACK OF MASTERY IN ANSWERING BAR EXAM QUESTIONS
TIPS FOR POSSIBLY PASSING THE BAR
WITH EXEMPLARY OR EXCELLENT
PERFORMANCE
• AT THIS POINT, IT IS EXPECTED OF YOU TO HAVE FAMILIARIZED YOURSELVES (IF NOT MEMORIZED) WITH IMPORTANT CODAL
PROVISIONS OR THOSE THAT ARE CONSIDERED CANONICAL AND ACQUIRED THE TOOLS AS DISCUSSED IN PREVIOUS SLIDES
• HOW TO KNOW WHETHER A CODAL PROVISION IS CANONICAL? READ PAST BAR EXAMS OR QUAMTO
• READ LATEST DECISIONS OF THE SUPREME COURT INCLUDED IN THE CUT OFF DATE
• READ SUPREME COURT CASES DECIDED BY SC EN BANC OR PENNED BY THE BAR CHAIR WHICH CAUGHT THE ATTENTION OF SOME
LEGAL AUTHORS, LUMINARIES, REVIEWERS, EXAMINERS OR THOSE THAT HAD BECOME CONTROVERSIAL
• IF YOU CANNOT READ THE ENTIRE TEXT, BE SURE TO READ, FAMILIARIZE WITH THE RULINGS, AND MEMORIZE WHEN NECESSARY

• MASTERY IN ANSWERING THE BAR EXAMINATIONS QUESTIONS. VERY IMPORTANT.

TO ENROL OR NOT TO ENROLL ?
IN YOUR PREPARATION, YOU WILL BE CONFRONTED WITH THE QUESTION WHETHER TO ENROLL IN A REPUTABLE REVIEW CENTER OR NOT

• THE ANSWER IS – IT DEPENDS.

• THE KEY IS TO DETERMINE WHICH WORKS BEST FOR YOU

• CERTAIN FACTORS TO BE CONSIDERED IN CHOOSING THE BEST BAR REVIEW CENTER

a) EFFECTIVENESS
b) TIME
c) BUDGET
d) PERSONAL CIRCUMSTANCES, ETC.

• ONE THING IS FOR SURE, ENROLLING IN A REVIEW CENTER DOES NOT NECESSARILY GUARANTEE YOU TO PASS THE BAR EXAM. BASED ON MY PERSONAL
EXPERIENCE.
A L A C METHOD
A – ANSWER – MUST SPECIFICALLY STATE WHETHER A“YES” OR A “NO” AND FOLLOWED BY A BRIEF EXPLANATION
L – LEGAL BASIS – SHOULD SPECIFICALLY AND CATEGORICALLY STATE THE CODAL PROVISION OR JURISPRUDENCE THAT
SUPPORTS YOUR ANSWER. YOU MAY SPECIFICALLY PROVIDE THE ARTICLE, SECTION, REPUBLIC ACT, OR CASE LAW, ETC. ONLY IF
YOU ARE 100% SURE. IF NOT, STATE THE SOURCE, I.E., UNDER THE REVISED PENAL CODE OF THE PHILIPPINES, ETC.

A – APPLICATION – STATE THE RELEVANT FACTS AND APPLY THE LAW TO THE FORMER. DETERMINING THE RELEVANT
FACTS DEPENDS ON YOUR ABILITY TO SPOT LEGAL ISSUE IN A GIVEN PROBLEM.

C – CONCLUSION – THIS STATES YOUR ANSWER WHICH DEMONSTRATES YOUR KNOWLEDGE OF THE LAW AND ITS
APPLICATION TO THE RELEVANT FACTS WHICH ULTIMATELY RESOLVES THE LEGAL ISSUE.
A L A C METHOD
ILLUSTRATION:
RICKY DONATED P 1 MILLION TO THE UNBORN CHILD OF HIS PREGNANT GIRLFRIEND, WHICH SHE ACCEPTED.
AFTER SIX (6) MONTHS OF PREGNANCY, THE FETUS WAS BORN AND BAPTIZED AS ANGELA. HOWEVER,
ANGELA DIED 20 HOURS AFTER BIRTH. RICKY SOUGHT TO RECOVER THE P 1 MILLION. IS RICKY ENTITLED TO
RECOVER? EXPLAIN.
FIRST STEP : SPOT THE LEGAL ISSUE
TO DO THIS, FIRST READ THE QUESTION.
“WHETHER OR NOT RICKY IS ENTITLED TO RECOVER THE 1 MILLION HE DONATED TO HIS PREGNANT GIRLFRIEND?”

SECOND STEP : DETERMINE FACTS RELEVANT TO THE LEGAL ISSUE

a) RICKY DONATED P 1 MILLION TO THE UNBORN CHILD OF HIS PREGNANT GIRLFRIEND, WHICH SHE ACCEPTED;
b) AFTER SIX (6) MONTHS OF PREGNANCY, THE FETUS WAS BORN
c) ANGELA, THE FETUS, DIED 20 HOURS AFTER BIRTH

THIRD STEP : DETERMINE THE PROVISION OF LAW OR JURISPRUDENCE RELATED TO THE GIVEN LEGAL ISSUE
• ART. 37. JURIDICAL CAPACITY, WHICH IS THE FITNESS TO BE THE SUBJECT OF LEGAL RELATIONS, IS INHERENT IN EVERY NATURAL PERSON AND IS LOST ONLY
THROUGH DEATH. CAPACITY TO ACT, WHICH IS THE POWER TO DO ACTS WITH LEGAL EFFECT, IS ACQUIRED AND MAY BE LOST
• ART. 40. BIRTH DETERMINES PERSONALITY; BUT THE CONCEIVED CHILD SHALL BE CONSIDERED BORN FOR ALL PURPOSES THAT ARE FAVORABLE TO IT,
PROVIDED IT BE BORN LATER WITH THE CONDITIONS SPECIFIED IN THE FOLLOWING ARTICLE.

• ART. 41. FOR CIVIL PURPOSES, THE FETUS IS CONSIDERED BORN IF IT IS ALIVE AT THE TIME IT IS COMPLETELY DELIVERED FROM THE MOTHER'S WOMB.
HOWEVER, IF THE FETUS HAD AN INTRA-UTERINE LIFE OF LESS THAN SEVEN MONTHS, IT IS NOT DEEMED BORN IF IT DIES WITHIN TWENTY-FOUR HOURS
AFTER ITS COMPLETE DELIVERY FROM THE MATERNAL WOMB.

• ART. 22. EVERY PERSON WHO THROUGH AN ACT OF PERFORMANCE BY ANOTHER, OR ANY OTHER MEANS, ACQUIRES OR COMES INTO POSSESSION OF
SOMETHING AT THE EXPENSE OF THE LATTER WITHOUT JUST OR LEGAL GROUND, SHALL RETURN THE SAME TO HIM.
FOURTH STEP : RESOLVE THE LEGAL ISSUE BASED ON THE APPLICABLE LAW IN RELATION TO THE RELEVANT FACTS
• RICKY IS ENTITLED TO RECOVER THE P1,000,000.00.
• A FETUS IS NOT CONSIDERED A PERSON IN ACCORDANCE WITH THE PROVISION OF ARTICLE 41 OF THE NEW CIVIL CODE.
• FETUS HAS NO JURIDICAL PERSONALITY TO RECEIVE DONATION
• THERE IS UNJUST ENRICHMENT IF THE DONATION IS RETAINED

FINAL STEP: ANSWER IN ALAC METHOD

YES, RICKY IS ENTITLED TO RECOVER THE P1,000,000.00. (ANSWER)
A FETUS IS CONSIDERED A PERSON FOR PURPOSES FAVORABLE TO IT PROVIDED IT IS BORN LATER IN ACCORDANCE WITH THE PROVISION OF THE NEW
CIVIL CODE. MOREOVER, UNDER ARTICLE 41 OF THE NEW CIVIL CODE OF THE PHILIPPINES, TO BE CONSIDERED BORN, THE FETUS THAT HAD AN
INTRAUTERINE LIFE OF LESS THAN SEVEN (7) MONTHS SHOULD LIVE FOR 24 HOURS FROM ITS COMPLETE DELIVERY FROM THE MOTHER’S WOMB. (LEGAL
BASIS)
SINCE ANGELA HAD AN INTRAUTERINE LIFE OF LESS THAN SEVEN (7) MONTHS BUT DID NOT LIVE FOR 24 HOURS. SHE WAS NOT CONSIDERED BORN AND,
THEREFORE, DID NOT BECOME A PERSON. (APPLICATION)
HENCE, NOT BEING A PERSON, SHE HAS NO JURIDICAL CAPACITY TO BE A DONEE, HENCE, THE DONATION TO HER DID NOT TAKE EFFECT. THE DONATION NOT
BEING EFFECTIVE, THE AMOUNT DONATED MAY BE RECOVERED. TO RETAIN IT WILL BE UNJUST ENRICHMENT. (CONCLUSION)
WHEN NOT TO USE ALAC?

• DEFINITION
• ENUMERATION
• COMPARE AND CONTRAST
• QUESTION IS ANSWERABLE BY LESS THAN FOUR SENTENCES
• WHEN YOU ARE ASKED TO DECIDE ON THE CASE
• WHEN YOU ARE ASKED TO ARGUE AS A COUNSEL
WHAT TO DO ? ? ?
WHEN YOU DO NOT KNOW THE APPLICABLE LAW

EXAMPLE:

STATE A AND STATE B, TWO SOVEREIGN STATES, ENTER INTO A 10-YEAR MUTUAL DEFENSE TREATY. AFTER FIVE YEARS, STATE A FINDS THAT THE
MORE PROGRESSIVE STATE B DID NOT GO TO THE AID OF STATE A WHEN IT WAS THREATENED BY ITS STRONG NEIGHBOR STATE C. STATE B
REASONED THAT IT HAD TO BE PRUDENT AND DELIBERATE IN REACTING TO STATE C BECAUSE OF THEIR EXISTING TRADE TREATIES. MAY STATE A
NOW UNILATERALLY WITHDRAW FROM ITS MUTUAL DEFENSE TREATY WITH STATE B? EXPLAIN YOUR ANSWER
• FIRST STEP : ANALYZE AND UNDERSTAND THE POSSIBLE LEGAL ISSUE
• SECOND STEP : RESOLVE THE POSSIBLE LEGAL ISSUE AND BUILD UP FROM YOUR CONCLUSION
• THIRD STEP : TAKE NOTE OF THE SPECIFIC RELEVANT FACTS FOR YOUR CHOSEN LEGAL BASIS
• FOURTH STEP : BASED ON CIVIL CODE PROVISIONS ON HUMAN RELATIONS, OBLIGATIONS AND
CONTRACTS, CONSTITUTIONAL PROVISIONS, OR OTHER PROVISIONS OF LAW, MORALITY, LOGIC,
UNDERSTANDING OF THE CIRCUMSTANCES IN THE GIVEN PROBLEM, ETC. FIND OR LOOK FOR
RATIONALITY IN YOUR ANSWER TO BE YOUR LEGAL BASIS WHICH SHOULD BE COUCHED IN
GENERAL TERMS
• FINAL STEP : FORMULATE YOUR ANSWER IN ALAC
POSSIBLE LEGAL ISSUE :
”WHETHER OR NOT STATE A MAY UNILATERALLY WITHDRAW FROM ITS MUTUAL DEFENSE TREATY WITH STATE B”

RESOLVE THE POSSIBLE LEGAL ISSUE :

“STATE A MAY UNILATERALLY WITHDRAW FROM THE MUTUAL DEFENSE TREATY, STATE B COMMITTED A MATERIAL BREACH OF THE TREATY BY
FAILING TO COME TO THE AID OF STATE A “
RELEVANT FACT :
• STATE B DID NOT GO TO THE AID OF STATE A WHEN IT WAS THREATENED BY ITS STRONG NEIGHBOR STATE C
• THERE IS A BREACH OF MUTUAL DEFENSE TREATY
• STATE B REASONED THAT IT HAD TO BE PRUDENT AND DELIBERATE IN REACTING TO STATE C BECAUSE OF THEIR EXISTING TRADE TREATY
RATIONAL REASON :

• UNDER GENERALLY ACCEPTED PRINCIPLES OF INTERNATIONAL LAW, COUNTRIES ARE BOUND TO THEIR TREATY WHICH THEY AGREED UPON

• TO STATE B, COMPLIANCE WITH THE TREATY WOULD JEOPARDIZE ITS VITAL TRADE DEVELOPMENT WITH STATE C
• BECAUSE OF THIS UNFORESEEN CHANGE OF CIRCUMSTANCES COMBINED WITH STATE B’S NON- COMPLIANCE WITH ITS OBLIGATIONS UNDER THE
TREATY IN GOOD FAITH, STATE A MAY NOW OPT TO UNILATERALLY WITHDRAW FROM THE TREATY.
SUGGESTED ANSWER IN ALAC METHOD:

YES. STATE A MAY UNILATERALLY WITHDRAW FROM THE MUTUAL DEFENSE TREATY. (ANSWER)
UNDER GENERAL PRINCIPLES OF INTERNATIONAL LAW, COUNTRIES ARE BOUND TO COMPLY WITH THE THE TREATY THEY
AGREED UPON. (LEGAL BASIS)
HERE, STATE B COMMITTED A MATERIAL BREACH OF THE TREATY BY FAILING TO COME TO THE AID OF STATE A.
(APPLICATION)
HENCE, STATE B’S NON- COMPLIANCE WITH ITS OBLIGATIONS UNDER THE TREATY IN GOOD FAITH, STATE A MAY NOW OPT TO
UNILATERALLY WITHDRAW FROM THE TREATY. (CONCLUSION)
POINTERS
• YOUR ANSWERS MUST BE DIRECT, BRIEF, CONCISE, ARRANGED IN A LOGICAL MANNER, AND YOUR ARGUMENTS MUST BE
COHERENT TO YOUR ANSWER, OR VICE VERSA
• NEVER ASSUME OR CONCLUDE FACTS, STICK TO THE FACTS AS GIVEN IN THE PROBLEM
• AVOID SHOTGUN PROVISIONS, AS MUCH AS POSSIBLE, PROVIDE A SPECIFIC LEGAL BASIS TO SUPPORT YOUR ANSWER
• PRACTICE ANSWERING IN CODAL LINGO
• NO ONE GOES TO TAKE THE BAR EXAMS WITHOUT MASTERY IN ANSWERING BAR EXAM QUESTIONS
• AVOID HOARDING REVIEW MATERIALS AS THEY TEND TO OVERWHELM YOU IN YOUR PREPARATION FOR THE BAR EXAMS
• FOCUS ON REVIEW MATERIALS THAT WORK BEST FOR YOU
• PERIODICALLY MAKE AN HONEST ASSESSMENT AND ADJUST ACCORDINGLY
• UNDERSTAND WHAT CAUSES YOUR ANXIETY IN ORDER TO MANAGE THE SAME
GO AND SLAY THAT DRAGON!!!