HOW TO ANSWER

BAR EXAM
QUESTIONS
 OBJECTIVE TYPES OF
QUESTIONS
WHEN ASKED TO DEFINE CONCEPTS

 As much as possible, give the exact definition found

in manuscript (Law, Constitution, Jurisprudence and
even Law Books)

Example:
Q1: What is Plagiarism?

Plagiarism is the practice of passing off of another

author’s language, ideas, work or expression as one’s
own original work.
Note: If you are not fond of memorization, then
acquire the skill of familiarizing and recalling
important key words from definitions of concepts.

 In the example above the important key words

are as follows: “Passing off” and “one’s own”
 From those key words, formulate your own
definition.

Example: Plagiarism is the “passing off” of

another’s work as “one’s own”.
 There are concepts where their definitions needs to be memorized
word by word. These are concepts that do not accept any alternative
definition or any alteration, be it material or not, in its definition.

Example:
Q: State the lawyer’s oath?

The only acceptable iteration of the Lawyer’s Oath is the one found in
the Revised Rules of Court, Appendix of forms, Form 28.

I, do solemnly swear that I will maintain allegiance to the Republic of the Philippines, I
will support its Constitution and obey the laws as well as the legal orders of the duly
constituted authorities therein; I will do no falsehood, nor consent to the doing of any in
court; I will not wittingly or willingly promote or sue any groundless, false or unlawful
suit, or give aid nor consent to the same; I will delay no man for money or malice, and will
conduct myself as a lawyer according to the best of my knowledge and discretion, with all
good fidelity as well to the courts as to my clients; and I impose upon myself these
voluntary obligations without any mental reservation or purpose of evasion. So help me
God.
Another Example:

Q: What is marriage?

Note: As far as Philippine legal system is concerned, the only

acceptable definition of Marriage is Article 1 of the Family Code
(EO No. 209)

Art. 1. Marriage is a special contract of permanent union between a man

and a woman entered into in accordance with law for the establishment of
conjugal and family life. It is the foundation of the family and an inviolable
social institution whose nature, consequences, and incidents are governed
by law and not subject to stipulation, except that marriage settlements may
fix the property relations during the marriage within the limits provided by
this Code.

Note: You have no choice but to memorize their definition in toto.

This is one of the infamous reality in studying law.
 You can also define by giving the essential elements
and/or requisites of the concept or of the crime.
Example:
Q: What is treason?

Treason is committed when the following elements

concur:
1. That the offender is a Filipino Citizen or an alien
resident;
2. That there is a war in which the Philippines is
involved ;
3. That the offender either levies war against the
Philippines or adheres to the enemies, giving them aid
and comfort.
 WHEN ASKED TO DISTINGUISH CONCEPTS

 Give distinctions base on all aspects that the

concepts are different.
 Do not distinguish concepts by just giving their
definitions. You are not asked to define the terms,
you are asked to give the distinction.

Example:

Q: Distinguish appeal by certiorari and petition for

certiorari.
Avoid this!
Appeal by certiorari is a remedy by a party desiring to
appeal by certiorari from a judgment or final order or resolution
of the Court of Appeals, the Sandiganbayan, the Regional Trial
Court or other courts whenever authorized by law, by filing with
the Supreme Court a verified petition for review on certiorari.
The petition shall raise only questions of law which must be
distinctly set forth. Petition for certiorari, on the other hand,
is a remedy when any tribunal, board or officer exercising
judicial or quasi-judicial functions has acted without or in
excess its or his jurisdiction, or with grave abuse of discretion
amounting to lack or excess of jurisdiction, and there is no
appeal, or any plain, speedy, and adequate remedy in the
ordinary course of law, a person aggrieved thereby may file a
verified petition in the proper court, alleging the facts with
certainty and praying that judgment be rendered annulling or
modifying the proceedings of such tribunal, board or officer, and
granting such incidental reliefs as law and justice may require.
Do this instead for clarity and specificity:

The following are distinction between appeal by certiorari and

petition for certiorari:
-Appeal by certiorari is provided under Rule 45 of the Rules of Court,
while petition for certiorari is found under Rule 65;
-Appeal by certiorari is a mode of appeal, while petition for certiorari is
not it is a special civil action;
-In the former, only questions of law can be raised, while in the latter,
factual issue can be raised such as whether or not the respondent has
acted in excess of its or his jurisdiction, or with grave abuse of
discretion amounting to lack or excess of jurisdiction;
-In appeal by certiorari, motion for reconsideration is not a condition
sine qua non before it can be filed, while in petition for certiorari
motion for reconsideration is a condition precedent.
-Appeal by certiorari can be filed within 15 days from notice of
judgement, order or resolution appealed from, while petition for
certiorari can be filed within 30 days from notice of the denial of
motion for reconsideration.
 WHEN THE QUESTION CALLS FOR ENUMERATION
 If you remember all the answers that needs to be enumerated, then
answer in bullet type format for clarity and specificity. If you can not
recall a thing or two, answer in paragraph form.
Q: Give the essential elements of the crime of Treason?

The following are the elements of Treason:

1. That the offender is a Filipino Citizen or an alien resident;
2. That there is a war in which the Philippines is involved;
3. That the offender either levies war against the Philippines or adheres to
the enemies, giving them aid and comfort.

Or
Treason are committed when the following elements concur: that the
offender is a Filipino Citizen or an alien resident; that there is a war in which
the Philippines is involved; and that the offender levied war against the
Philippines.
 HOW TO ANSWER ESSAY TYPE OF
QUESTION
 Usethe ALAC format or the conventional
way of answering bar essay questions.
ALAC stands for:

A- Answer or direct answer to the question.

L- Law or the basis for your answer.
A- Application of the law to the facts in
issue.
C- Conclusion.
Question:

Atty. Aljur was nominated by President Kylie as

Chairman of the COMELEC. Pending approval by the
Commission on Appointments, AJ opposed the
nomination because allegedly Atty. Aljur does not
possess the required qualification of having been
engaged in the practice of law for at least ten years.
Atty. Aljur has worked as a lawyer in the law office of
his father; as legal or economic consultant on various
companies; Secretary General of NAMFREL; member of
Constitutional Commission; National Chairman of
NAMFREL and member of the quasi-judicial Davide
Commission. He has been admitted to the bar since
1990. Does Atty. Aljur possess the required
qualification of practicing law for 10 years?
Yes, Atty. Aljur has been engage in a practice of law for at least ten
years.

In Cayetano vs. Monsood, the Supreme Court ruled that Practice of

law means any activity, in or out of court, which requires the
application of law, legal procedure, knowledge, training and
experience. In the instant case, Atty. Aljur has been a member of
Philippine Bar for fifteen years and during those time have been
engaged in certain employments where he has been applying his
knowledge of the law, legal procedure and experience.

Thus, Atty. Aljur within the purview of the law of what is practice of
law possess the necessary qualification of practicing law for ten
years.
Important notes:

 Present your answer in a logical manner;

 Make your answer short, direct, and concise;
 Just answer what is asked, avoid the common mistake of
making your answer long to impress the examiner that you
know a lot. Remember, more talk more mistake, less talk less
mistake.
 You can not impress the examiner by including in your
answer all that you know, when in fact it was not asked in the
question. Always remember that the purpose of the examiner
is for you to spot the issue despite of his factual tricks on the
question and provide a legal answer to such issue.
 Always provide your legal basis and the application of such
rule to certain facts on the question.
 Improve your skill on spotting the issue by reading a lot
of bar q and a’s material;
 Improve how you answer essay bar question by
practicing it, give yourself a test from time to time.
 HOW TO STUDY IN LAW SCHOOL

 Follow the 4R’s Rule in studying your law materials. They stand
for: READ, REREAD, REVIEW, AND RECITE.
 In short, there is no easy way to study law. There are no
shortcuts. Repetition is the only key.
 The ultimate goal is to recall and retain what you read. You can
attain that only by reading your material repetitively.

Note: Amongst all the “Rs”, reciting is the most important. Of you
want to hurdle the bar exam, practice it as early as now. Always
recite to yourself, now and then, what you read. If it is not to
much, recite it out loud. That in one of the ways to recall and
retain the topics that you read.