Beruflich Dokumente
Kultur Dokumente
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?
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?
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.
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.
The examiner will be looking and expecting for the following from your
answer:
4. Resolution of the issues through the analysis and application of the law to the
given facts; and
4. your conclusion.
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.
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.
ARTICULATION
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;
CASE PROBLEM
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.
3rd Paragraph Correlation of the Law/Jurisprudence with the Facts of the Case
Okay, you already have an outline but isnt 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.
10.Petitioners/Respondents/Complainants/Plaintiffs/Defendants/Accused reliance
on the (i.e. doctrine of) is inappropriate.
11. It is a futile gesture on the part of the respondent to invoke the rule on
14. The position of the petitioner runs counter with the doctrine of
19. The (i.e. respondent) cannot rely on (i.e. mere alibis) to aid his cause.
20. The court cannot countenance the (i.e. inconsistent postures of the petitioner)
useless/futile.
25. The actuations of the accused in (i.e. fleeing and hiding) negates (i.e.
innocence)
30. A contrary conclusion would erode the rule that provides in part that
31. To sustain the contention would be to render the law on ____________
nugatory.
37. The petitioner cannot give any additional meaning to the clear and plain
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 petitioners
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.)
4. I will qualify. If
13. Decisive on the matter is the pertinent provision of the (i.e. Law on
Property)
1. The Supreme Court in one case, had the occasion to rule that
* 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
10. In a recent case, the Supreme Court has laid to rest the issue of whether or not
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
17. In the landmark case of _____________, (if the case is so famous) the
Supreme Court laid down the doctrine which substantially provides that
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
24. In one case, the Supreme Court was emphatic when it ruled that.
EMPHASIZING CASE DOCTRINES / JURISPRUDENCE
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)
5. It is crystal clear from the facts presented that (i.e. the crime of treason) is
present (or was committed).
9. It logically follows
23. A careful perusal of the facts of the case would reveal that
24. A careful scrutiny of the actuations of the accused would reveal that
25. A careful reading of the (i.e. Deed of Absolute Sale) would reveal that
CONCLUDING WORDS
3. Finally,
4. Hence,
5. Therefore,
6. From the foregoing, it can be deduced that there is really (i.e. a violation of)
8. Lastly,
9. Consequently,
16. Undoubtedly,
17. Indubitably,
18. Clearly, the case at hand falls squarely within the purview of
19. Verily, he/she has committed
24. Clearly therefore, applying the aforecited ruling in the case at hand,
27. To the unprejudiced mind, the actuations of the three, when analyzed and taken
together, leads to no other conclusion except that (i.e. conspiracy
32. In sum,..
38. Accordingly,
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..
Xs 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
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 _______
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)
6. In order that a case for (i.e. B.P. 22) to prosper, the following elements must be
attendant/present:
that
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. 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 .
DEFINITION
6. It pertains to
7. It connotes a .
10. It presupposes
12. It is akin to
3. It is intended to shield
1. Finishing is the key. Many fail the Bar exam because they dont finish the exam.
They spend so much time on an early question that they cant finish the later ones.
Or they work on all of the questions at once, but without finishing some or all of
them. Either way, these Bar candidates are writing too slowly, and it costs them
their ticket to a law license. Focus on one question at a time. Dont 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. Its easy to waste time by getting carried away by a single
question or by getting stuck on a question thats 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 arent 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 wont get all the possible points if you dont 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.
9. Number your answer accordingly. Dont make the Examiner search for your
answers. Make your answer look professional. Dont use textspeak and dont
abbreviate. Answers which look professional, are well organized and which use
paragraphs and indenting where appropriate make the Examiners 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. Dont submit your test booklet too early. Theres 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 weve 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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