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Techniques in Answering Bar Question
Techniques in Answering Bar Question
(1)… (2)…
* 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).
JURISDICTION
1. The case is beyond the ambit of the jurisdiction of the (i.e. Regional
TrialCourt)
2. It is within the ambit of the (i.e. Secretary of Labor’s) power.
3. It is not within the province of the (i.e. Municipal Trial Court)
4. It is clearly within the powers of the (i.e. Labor Arbiter) to…
5. The case of (i.e. ejectment) lies with the Municipal Trial Court.
6. The case is cognizable by the (i.e. Regional Trial Court)
7. The case is covered by the (Rules on Summary Procedure).
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 frommy professor in Political Law, Dean Mariano F.
Magsalin, Jr.)
1. It should be borne in mind that…
2. It must be noted that…
3. It may be recalled that…
4. It is worth observing…
5. It must be taken into consideration that…
6. More importantly, ….
7. Significantly,…
8. Corollarily,…
9. Furthermore,…
10. Moreover,…
11.Similarly,…
12. Parenthetically,…
13.In other words,…
14.Otherwise stated,…
15.Simply put,…
16.Simply stated,…
17.Stated more concretely…
18. The reasons are obvious. (expound)
19. The reasons are well-known. (expound)
20. The reasons are plain. (expound)
21.Under the same line of reasoning,…
22.As regards…
23. With regard to… (it is error to state “with regards to”)
24. Anent the (i.e. first issue),…
25. As far as the ________________ is concerned,…
26. This is indicated by the fact that…
27. The language of the law leaves no room for doubt that,…
28. Justice and fair-play dictates that,…
29. Applying the principle of….
30. For all its conceded merits, (i.e. equity is available in the absence of
lawand not as its replacement)…
31. The law is categorical with regard to…
32. Notwithstanding the… (i.e. execution of the document)
33. It is beyond debate that,…
34. It is imperative to look at,…
35.This is consistent with the time-honored maxim (i.e. nullum crimen
nulla poena sine lege).
36. As it is imbued with public interest,…
37. In like manner,
38. In the same manner,
39. In the same vein,
40. In the same breath,
41. Likewise,..
42. In fine,
43. It bears articulating that
44. The controlling element in the (i.e. crime of estafa) is…
45. By analogy,…
46. Suffice it to state that..
47. Emphasis must also be placed at…
48. Manifestly, there was (i.e. grave abuse of discretion amounting to
lack or excess of jurisdiction)
49. Needless to stress that…
50. It goes without saying that
51. The Supreme Court frowns upon the (i.e. illegal practice of forum
shopping as it erodes the administration of justice and makes a
mockery of the justice system).
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)…
57. Attention must be drawn to the fact that…
58.___________ and ____________ are two mutually exclusive
remedies. An application of one precludes the application of the
other.
59. To amplify,…
60.It must be pointed out that…
61.Notably,…
62.At the outset, the (i.e. defendant)…
63.Coming now to the issue of (i.e. prescription),…
1. In one case decided by the highest court of the land, it was held that
2. In one case, the Supreme Court ruled that
3. It has been said that…
4. In a recent case, the Supreme Court has laid to rest the issue of
whether or not…
5. It is well settled in this jurisdiction…
6. It is well settled in this country…
7. The Supreme Court has steadfastly adhered to the doctrine which
states that
8. In a case with similar facts, the Supreme Court ruled that…
9. In several notable Supreme Court decisions, the highest court
declared that…
10. The Supreme Court has often stressed that…
11. In the landmark case of _____________, (if the case is so famous)
the Supreme Court laid down the doctrine which substantially
provides that…
12. In the leading case of …
13.As enunciated by the Supreme Court in one case,…
14.The court has repeatedly ruled…
15.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…
16.There is likewise an array of cases in this jurisdiction where the
Supreme Court has consistently declared that…
17.Deeply rooted is the jurisprudence which provides that…
18.In one case, the Supreme Court was emphatic when it ruled that….
19.As regards the second ground, the ruling of the Supreme Court in
People v. ___, is elucidating, thus:
20.In PP v. ____, the Supreme Court is instructive on this point, viz:
CONCLUDING WORDS
1. From the gamut of evidence on hand, it can be gathered/deduced
that…
2. Taken all together,…
3. Finally, …
4. Hence, …
5. Therefore, …
6. From the foregoing, it can be deduced that there is really (i.e. a
violation of…)
7. From the foregoing, it is now safe to conclude that….
8. Lastly, …
9. Consequently,…
10. As a necessary consequence…
11. The logical implication is that…
12. At any rate,…
13. In view of the foregoing,…
14. As an inevitable conclusion,…
15. In the light of the circumstances,…
16. Undoubtedly,…
17. Indubitably,…
18. Clearly, the case at hand falls squarely within the purview of…
19. Verily, he/she has committed…
20. For this/these reason/s, it is unavoidable to conclude that…
21. Based on the facts obtaining,…
22. In this light,…
23. This being the case…
24. Clearly therefore, applying the aforecited ruling in the case at
hand,…
25. In light of the foregoing, it is beyond cavil (doubt) that,…
26. There is no doubt that…
· Turn off your cellular phones. (Turn it on only during your break). Most or a
significant part of our time reviewing is sometimes spent on non-sense (or not so
important) texting-replying-texting-replying. There is a time for everything.
But when you review, avoid interruptions. Cellular phone, believe me, is one of
the major interruptions. Although it is hard, why not sacrifice a little for the sake
of being a lawyer.
· Believe in yourself. If you will not, then who do you expect would believe in you.
(Tip from Sir Bubut Cayco)
· Choose a study buddy if you want. But sometimes it is better that you do
not have one. More study buddies, more interruptions (more kwento). Without
you knowing it, “tapos na araw or September na”.
· Before starting your review, be sure that the tension has already subsided.
(Specifically starting the month of July when tensions really soars high for most
Bar candidates) Bear in mind that we can comprehend more if we are in a relaxed
state of mind.
· Set your own pace. Do not compare your pace with others (like asking others,
“ilang reading ka na?”) This is not a rat race. Quality reading(studying/reviewing
actually) is what is needed. Bar does not dwell on the amount of pages/books you
have read, it is more of how much you have mastered.
· Do not highlight the entire reviewer . Sometimes, the problem with highlighting
is that it becomes our security blanket that we have read and understood what we
have read. But more often, we have not.
· When you have a query or some matters in mind that needs clarification, just
write it in a piece of paper, pag marami na, ask it to a professor you believe is
competent in that field. Don’t ask your co-barristers. It might only end in a debate
and waste of time, when no reliable answer is concluded. Remember, time is
precious during the pre-bar review.
· Set one day for recreations alone. It could rejuvenate your energy and create
hunger for review the following day.
· Attend to the needs of your entire being. Physically, mentally, emotionally and
spiritually. This will also help you avoid being exhausted in the review.
· Review the material you personally believe is a good last minute tip for you.
· Compose yourself, your mind, heart and spirit. Focus on the exam alone and not
on the fear of failing. Stop or reduce your tension. Tension is normal, as long as it
is at a moderate level. After all, you will already be taking the bar, no turning back.
So might as well do your best. And you can only perform well if you are in a
composed mind and heart. (I suggest you close your eyes. Inhale then exhale as
you count one to ten. It might help)
· I suggest that before answering, formulate on your mind what will be placed on
your first, second and third paragraphs. 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.
· Answer each question one at a time. Focus on one question before thinking or
bothering yourself of the succeeding questions.
· Do not stay in a number for so long. Leave at least a sheet for a 5point question.
Go to the next number if you do not know the answer. If I am not mistaken, more
than one (1) bar candidate had not succeeded because of stocking himself / herself
in an item he/she does not know the answer of. As a necessary result, he/she failed
to finish the exam. As one of my friends told me, “No matter how grossly wrong
your answer may be, do not ever leave an item unanswered. Malay mo, may points
for the effort/ink .Kidding aside, a blank sheet will surely get an automatic 0 point.
So better answer all.”
· Don’t blame yourself or don’t panic if you failed to answer an item or two. It’s
perfectly normal. What is abnormal is if you failed to answer questions that you
know the answer of just because you bothered/blamed yourself so much on
the items you don’t know. In short, if you failed to finish the exam.
· As my professor Atty. Francis Sababan told us before, “mga bata, avoid passing
your booklet too early. The time allocated for each subject may be too much, but it
must be used wisely to: (1) write legibly, (2) compose your answers properly, (3)
avoid erasures, (4) observe proper margin, and (5) review your answers. After all
there are no prizes for early finishers.”
AFTER A BAR SUBJECT (OR ENTIRE BAR EXAM)
· Do not discuss answers. It is futile because the booklets had already been
submitted and it could greatly affect your performance for the remaining subjects.
If your noble reason on asking about the answers is for you to know the same, I
suggest that you wait until the exam results have been already released. For self-
preservation reasons, for sure you will be anxious and fearful if you
would discover that you have incurred (just for example) 10 mistakes.
IMPORTANT REMINDER IN ANSWERING
If you are so sure of the answer, you can directly answer yes or no. But if
you are just guessing or not so sure of the answer, you better start citing law
provisions and jurisprudence first.
Logic behind: If you answer yes or no and it happened to be wrong, chances are,
you will get an automatic ZERO (0) for that item. The examiner might not
read your answer anymore. Come to think of it, it would be a waste of his time
reading explanation of a wrong answer. Besides, there are so many booklets to
check.
On the other hand, if you cite the law provisions and jurisprudence first, even
though your yes or no answer placed in the last paragraph/sentence is wrong,
you might get some credit. (The examiner might say, “may alam tong batang to,
nalito lang”). Finally, at least, the examiner has read all your answer and
explanation before grading you for that item.
CARDINAL RULES IN TAKING THE BAR
. Do not forget your test permits, Supreme Court color coded Identification card,
and other pertinent documents/things as required in the letter coming from the SC
allowing you to take the Bar.
. Bring a watch with you to keep you updated of the time left.
. Answer straight to the point. Be responsive to the question. Answer only what is
being asked. Though it is tempting to showcase your knowledge, do not over-
elaborate.
. Avoid erasures.