TECHNIQUES IN ANSWERING BAR QUESTIONS BY ATTY. REY TATAD JR.

(1)…
(2)…
REASON/S BEHIND THE LAW 5. The following are the requisites for…
In order that a case for (i.e. B.P. 22) to prosper, the following elements must
1. The purpose of the law is… be attendant/present:
2. The law is designed to… To constitute (i.e. homicide), the following requisites must concur:
3. It is intended to shield … (i.e. Legal compensation) requires the concurrence of the following conditions:
4. It is primarily aimed at protecting ____________ from unwarranted __________ To establish a person’s culpability under (i.e. estafa), it is indispensable that…
5. The rationale behind the law is…
6. The spirit of the law is to the effect that… * 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
DEFINITION / EXPLANATION enumerate all, write it in paragraph form so that it would not easily be noticeable that
1. ________________ is a comprehensive term used to describe _________. you missed something. (I got the above tip from our mentor Atty. Gafar Lutian)
2. _________________, in its generally accepted sense, refers to ….
3. … It is a safeguard and guarantee provided by the 1987 Constitution..
4. … It is a kind of relief granted to a ______________ by the … DISTINCTION
5. ________________ is a branch of public law (or private law) which deals with..
6. It pertains to… When being asked to distinguish, do not state its definition. If you give its
7. It connotes a …. definition, you are in effect asking the examiner to extract out the differences of the
8. … is a doctrine in (i.e. Civil Law) which refers to… two [or more] from your definition. Do not also give their similarities. You are asked to
9. … is a principle in (i.e. Criminal Law) which states that… differentiate and contrast, so similarities are not included (That was a tip I learned
10. It presupposes… from my professor in Civil Law Review I, Atty. Virgilio Gesmundo).The number of
11. Its principal identifying feature is.. distinctions you will give must also be proportionate on the points allotted for such. If
12. It is akin to… it is only worth two points, do not give 8 distinctions. The examiner cannot give you 8
13. The function of which is to… points for that…. For a two point distinction question, perhaps, three would be
14. The office of which is to… enough (four is not too much).

ENUMERATION 1. The (i.e. two) may be distinguished from each other in the followings
ways:
1. In capsule form, the following are the elements of the crime of b.
In a nutshell, the following are the elements of the crime of 2. In the first, it is necessary that there be….., whereas in the second it is sufficient
The following elements are generally considered in the determination ofthe that there be ….
presence of (i.e. employer-employee relationship) In the former, … while in the latter…
Among the (i.e. defenses/remedies) available to (i.e. Mr. X) as provided for by/in the 4. The former requires … while the latter…
(i.e. Civil Code) are: 5. … on the other hand ______________ is…
 4. It is worth observing…
5. It must be taken into consideration that…
ANSWERING QUESTIONS WITH VAGUE FACTS (or which requires qualification) 6. More importantly, ….
But if the facts are complete in itself, do not attempt to add facts or assume anything. 7. Significantly,…
8. Corollarily,…
1. We must distinguish. If… (or As far as the __________ is concerned) 9. Furthermore,…
2. It depends. If…(or As far as the __________ is concerned) 10. Moreover,…
The question requires a qualified answer. If… 11. Similarly,…
4. I will qualify. If… 12. Parenthetically,…
5. On the assumption that… 13. In other words,…
6. My answer must be qualified. 14. Otherwise stated,…
15. Simply put,…
JURISDICTION 16. Simply stated,…
17. Stated more concretely…
1. The case is beyond the ambit of the jurisdiction of the (i.e. Regional TrialCourt) 18. The reasons are obvious. (expound)
2. It is within the ambit of the (i.e. Secretary of Labor’s) power. 19. The reasons are well-known. (expound)
3. It is not within the province of the (i.e. Municipal Trial Court) 20. The reasons are plain. (expound)
4. It is clearly within the powers of the (i.e. Labor Arbiter) to… 21. Under the same line of reasoning,…
The case of (i.e. ejectment) lies with the Municipal Trial Court. 22. As regards…
The case is cognizable by the (i.e. Regional Trial Court) With regard to… (it is error to state “with regards to”)
The case is covered by the (Rules on Summary Procedure). 24. Anent the (i.e. first issue),…
The law vests upon the (i.e. Secretary of Justice) the power to… 25. As far as the ________________ is concerned,…
26. This is indicated by the fact that…
ELABORATING/EXPOUNDING ANSWERS 27. The language of the law leaves no room for doubt that,…
28. Justice and fair-play dictates that,…
Go straight to the point. The length of answers and expounding the same, 29. Applying the principle of….
must always be proportionate to the points allotted for such particular question. The 30. For all its conceded merits, (i.e. equity is available in the absence of lawand not
higher the points, the more in-depth the elaboration should be. However, it must not as its replacement)…
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 31. The law is categorical with regard to…
the bush. Remember that most of the times, MORE TALK, MORE MISTAKE!!! (I got 32. Notwithstanding the… (i.e. execution of the document)
this tip frommy professor in Political Law, Dean Mariano F. Magsalin, Jr.) 33. It is beyond debate that,…
34. It is imperative to look at,…
1. It should be borne in mind that… This is consistent with the time-honored maxim (i.e. nullum crimen nulla poena sine
2. It must be noted that… lege).
3. It may be recalled that… 36. As it is imbued with public interest,…
37. In like manner, CITING LAW PROVISIONS
38. In the same manner,
39. In the same vein, 1. No less than the (i.e. 1987 Constitution) provides for the…
40. In the same breath, 2. The (i.e. Rules of Court) substantially provides in part that…
41. Likewise,.. 3. Under the broad principles of (i.e. due process clause)…
42. In fine, 4. Under the all-encompassing doctrine of (i.e. incontestability clause)…
43. It bears articulating that 5. Under the law…
44. The controlling element in the (i.e. crime of estafa) is… 6. According to the (i.e. Family Code)…
45. By analogy,… 7. The law is explicit on the matter.
46. Suffice it to state that.. 8. The law explicitly expresses in part that…
47. Emphasis must also be placed at… 9. By express provision of law,…
48. Manifestly, there was (i.e. grave abuse of discretion amounting to lack or excess 10. By operation of law…
of jurisdiction) 11. As a matter of law…
49. Needless to stress that… 12. Worth remembering is the rule on _______________ which provides in
50. It goes without saying that part that…
51. The Supreme Court frowns upon the (i.e. illegal practice of forum shopping as it 13. Decisive on the matter is the pertinent provision of the (i.e. Law on Property)
erodes the administration of justice and makes a mockery of the justice system). 14. The law prescribes certain rules on…
52. There is no denying in this case, that (i.e. the petitioner never raised the issue of 15. By legislative fiat…
jurisdiction throughout the entire proceedings in the trial court; case of Tijam vs.
Sibonghanoy) QUOTING SUPREME COURT DECISIONS
53. It is now too late in the day for the respondent/defendant to (i.e. raise the issue
of …) 1. The Supreme Court in one case, had the occasion to rule that…
54. Equally telling is the (i.e. factual finding of the lower court) that… In a long-line of cases decided by the Supreme Court, it has always
55. The gravamen of the (i.e. the crime of rebellion is an armed public been (consistently) held that…
uprising against the government) 3. In a litany of cases decided by the Supreme Court,
56. It cannot be denied that (i.e. the petitioner is also guilty of negligence)… 4. In a long-string of cases decided by the highest court of the land,
57. Attention must be drawn to the fact that… 5. According to several cases decided by the Supreme Court,…
58. ___________ and ____________ are two mutually exclusive remedies. 6. In a series of cases decided by the Supreme Court,
An application of one precludes the application of the other. * Do not use the words series, litany or long-line
59. To amplify,… if there is only one decision/jurisprudence for that topic.
60. It must be pointed out that… In one case decided by the highest court of the land, it was held that
61. Notably,… 8. In one case, the Supreme Court ruled that
62. At the outset, the (i.e. defendant)… It has been said that…
63. Coming now to the issue of (i.e. prescription),… 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 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…
18. In the leading case of …
19. As enunciated by the Supreme Court in one case,…
20. The court has repeatedly ruled…
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…
23. Deeply rooted is the jurisprudence which provides that…
24. In one case, the Supreme Court was emphatic when it ruled that….
EMPHASIZING CASE DOCTRINES / JURISPRUDENCE
1. It is hornbook doctrine in (i.e. Civil Law) that…
2. Immortal is the rule that…
3. Well settled is the rule…
4. Well entrenched is the principle that..
5. Elementary is the rule that..
6. The cardinal rule in (i.e. labor law) is that
7. It is a familiar canon in (i.e. political law) that
8. By well settled public law…
9. Basic is the rule in (i.e. Criminal Law)…
10. It is an elementary principle in…
11. It is a fundamental doctrine in…
12. Well accepted is the rule that…
13. It is axiomatic in (i.e. Civil Law) that
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)
15. Consonant with the rule on…
16. It is a recognized doctrine in (i.e. Civil law) that…
17. It is a basic tenet in (i.e. Commercial Law)
18. Consistent with current jurisprudence
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.)
20. It is an oft-repeated rule that…
21. The Philippines adhere to the principle of…
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,
Inthe problem given and In the question presented.”
1. Applying the said law/doctrine in the instant case,
From the facts given, noteworthy is the …
From the facts of the case, it is readily observable that…
In the instant case, it may be observed that…
It is crystal clear from the facts presented that (i.e. the crime of treason) is present
(or was committed).
In the present case, it is immediately noticeable that the element of __________ is
wanting (or lacking).
Under the circumstances, the proper remedy would be…
The case obtaining indicates a case of (i.e. B.P. 22)
It logically follows…
10. It goes without saying…
Even assuming arguendo, for the sake of argument that…
12. The situation in the case at hand…
13. The situation presented evinces a case of… The contention is totally misplaced.
14. The facts sufficiently indicated … It is now too late in the day to raise the issue of…
15. In the given facts, it is immediately apparent that… The petition is not meritorious.
16. It is evident that… The evidence presented deserves scant consideration.
17. In the same token… The contention has no legal basis.
18. Under the facts stated in the problem,… The argument is bereft of merit.
19. In the case under consideration,… The petition is devoid of merit.
20. Worth stressing is the fact that 10. Petitioner’s reliance on the (i.e. doctrine of…) is inappropriate. The doctrine of …
21. Worth emphasizing is the fact that does not apply in cases where / of…
22. The facts would reveal that… 11. It is a futile gesture on the part of the respondent to invoke the rule on…
23. A careful perusal of the facts of the case would reveal that… 12. The theory/argument has no ground to stand upon.
24. A careful scrutiny of the actuations of the accused would reveal that… 13. The contention has no leg with which to stand on.
25. A careful reading of the (i.e. Deed of Absolute Sale) would reveal that… 14. The position of the petitioner runs counter with the doctrine of…
26. A cursory examination of the… 15. The case will not prosper.
16. The case is not tenable.
17. The act of the accused in… is of no moment.
ANSWERING IN THE POSITIVE 18. The assertion lacks substance.
19. The decision is erroneous.
1. The petition is meritorious. 20. The court cannot countenance the (i.e. inconsistent postures of the petitioner)
2. The contention has legal basis. 21. The testimony that…, cannot be given credence.
3. The case will prosper. 22. The evidence presented has no probative value.
4. The argument is proper. 23. The allegation is belied by the fact that…
5. The provision is perfectly applicable. 24. To put it otherwise would be to render the law on _____________ useless/futile.
6. The action is tenable. 25. The actuations of the accused in (i.e. fleeing and hiding) negates (i.e. innocence)
7. The motion should be granted. 26. While it is true that _______________ is a (i.e. constitutional guaranteed right of
8. The Judge is correct. a person), it does
9. The petition is impressed with merit. not, however mean…
10. Yes. It is a (i.e. patent violation) of the 27. It is not correct to say that…
11. There is merit in the petition. 28. It is not proper to state that…
12. The petitioner’s contention is sustainable. 29. It is not accurate to conclude outright that…
30. A contrary conclusion would erode the rule that provides in part that…
ANSWERING IN THE NEGATIVE 31. To sustain the contention would be to render the law on ____________ nugatory.
32. It would be absurd and incongruous to sustain the argument that…
The contention does not hold water. 33. It is not enough that…
With all due respect to the judge, his decision is apparently erroneous or is not in 34. The fact that … is immaterial since…
accord with law and existing jurisprudence. 35. The fact that … is irrelevant since…
36. In itself, mere …… is not sufficient (i.e. to warrant conviction)…. 25. In light of the foregoing, it is beyond cavil (doubt) that,…
37. The petitioner cannot give any additional meaning to the clear and 26. There is no doubt that…
plain language of the law. 27. To the unprejudiced mind, the actuations of the three, when analyzed and taken
38. The Supreme Court, in several cases, has struck down the (i.e. defense of alibi) together, leads to no other conclusion except that (i.e. conspiracy among them
39. The attendant circumstances of the case are contrary to the existed)
petitioner’s assertion. 28. Inescapably, therefore,…
40. The evidence does not support the theory of the petitioners. 29. All things considered,…
41. There is no cogent reason to disturb the ruling of the (i.e. Court of Appeals) 30. It follows therefore that…
42. The claim for (i.e. moral damages) must necessarily fail. . Taken all together,…
43. The (i.e. respondent) cannot rely on (i.e. mere alibis) to aid his cause. 31. As a logical result…
32. In sum,..
CONCLUDING WORDS 33. In view of the fact that…,
34. All told,…
1. From the gamut of evidence on hand, it can be gathered/deduced that,… 35. Given the prevailing facts…
23. Finally, … 36. Having stated the foregoing premises,…
4. Hence, … 37. One final point,…
5. Therefore, … 38. Accordingly,…
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…. MY PERSONAL ADVICE FOR FUTURE BAR CANDIDATES DURING THE
8. Lastly, … REVIEW
9. Consequently,…
10. As a necessary consequence… · Always pray before and after studying.
11. The logical implication is that… · Turn off your cellular phones. (Turn it on only during your break). Most or a
12. At any rate,… significant part of our time reviewing is sometimes spent on non-sense (or not so
13. In view of the foregoing,… important) texting-replying-texting-replying. There is a time for everything. But when
14. As an inevitable conclusion,… you review, avoid interruptions. Cellular phone, believe me, is one of the major
15. In the light of the circumstances,… interruptions. Although it is hard, why not sacrifice a little for the sake of being a
16. Undoubtedly,… lawyer.
17. Indubitably,… · Believe in yourself. If you will not, then who do you expect would believe in you.
18. Clearly, the case at hand falls squarely within the purview of… (Tip from Sir Bubut Cayco)
19. Verily, he/she has committed… · Choose a study buddy if you want. But sometimes it is better that you do
20. For this/these reason/s, it is unavoidable to conclude that… not have one. More study buddies, more interruptions (more kwento). Without
21. Based on the facts obtaining,… you knowing it, “tapos na araw or September na”.
22. In this light,… · Before starting your review, be sure that the tension has already subsided.
23. This being the case… (Specifically starting the month of July when tensions really soars high for most Bar
24. Clearly therefore, applying the aforecited ruling in the case at hand,…
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 memorize without comprehending. When mental block occurs, you cannot
recall even a single thing. Moreover, in applying the law in a given theoretical case
problem, for sure you can hardly answer the same if you have memorized without
understanding.
· 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.
· Take vitamins and take your meals on time.
BEFORE THE BAR EXAM PROPER
· Make sure you have enough and complete sleep. A well rested mind can answer
and articulate better.
· Pray
· 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)
· Boost your confidence by telling yourself “Walang (your surname) na di magaling.”
Or tell yourself “What kind of celebration will I do if I top or at least pass
the bar?” at least you might laugh kahit kabado .
DURING THE BAR EXAM PROPER
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.
· Allocate the time depending on the number of questions.
· 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 allowing you to take the Bar.
there are no prizes for early finishers.” . Bring a watch with you to keep you updated of the time left.
. Never be tempted to cheat.
. Keep your focus.
AFTER A BAR SUBJECT (OR ENTIRE BAR EXAM) . Carefully read and comprehend the instructions and questions.
. Answer one at a time.
. Answer straight to the point. Be responsive to the question. Answer only what is
· Do not discuss answers. It is futile because the booklets had already been being asked. Though it is tempting to showcase your knowledge, do not over-
submitted and it could greatly affect your performance for the remaining subjects. If elaborate.
your noble reason on asking about the answers is for you to know the same, I . Avoid erasures.
suggest that you wait until the exam results have been already released. For self- . Do not hurry at the expense of substance (and readability) of your answers.
preservation reasons, for sure you will be anxious and fearful if you would discover . Leave a space before starting a new paragraph.
that you have incurred (just for example) 10 mistakes. . Review your answers. Scan your booklet before submitting the same. Be sure you
have not left any question unanswered.
. Bring extra sign/fountain pens.
IMPORTANT REMINDER IN ANSWERING . Observe proper margin.

If you are so sure of the answer, you can directly answer yes or no. But if you are just DISCLAIMER!!!
guessing or not so sure of the answer, you better start citing law provisions This is only a guide material and will not and cannot assure anyone of passing or
and jurisprudence first. even topping the BAR. What is assured only is that it will greatly facilitate
Logic behind: If you answer yes or no and it happened to be wrong, chances are, the candidates’ presentation of his/her answers.
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 ——–GO O D LUCK! ! ! ——
reading explanation of a wrong answer. Besides, there are so many booklets to Atty. Reynulfo C. Tatad, Jr.
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