TECHNIQUES IN ANSWERING BAR QUESTIONS

By: Atty. Reynulfo Tatad

REASON/S BEHIND THE LAW

1. The purpose of the law is…

2. The law is designed to…
3. It is intended to shield …
4. It is primarily aimed at protecting ____________ from unwarranted __________
5. The rationale behind the law is…
6. The spirit of the law is to the effect that…

DEFINITION / EXPLANATION

1. ________________ is a comprehensive term used to describe _________.

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 …
5. ________________ is a branch of public law (or private law) which deals with..
6. It pertains to…
7. It connotes a ….
8. … is a doctrine in (i.e. Civil Law) which refers to…
9. … is a principle in (i.e. Criminal Law) which states that…
10. It presupposes…
11. Its principal identifying feature is..
12. It is akin to…
13. The function of which is to…
14. The office of which is to…

ENUMERATION

1. In capsule form, the following are the elements of the crime of

2. In a nutshell, the following are the elements of the crime of
3. The following elements are generally considered in the determination of the presence of (i.e. employer-
employee relationship)
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)…
5. The following are the requisites for…
6. In order that a case for (i.e. B.P. 22) to prosper, the following elements must be attendant/present:
7. To constitute (i.e. homicide), the following requisites must concur:
8. (i.e. Legal compensation) requires the concurrence of the following conditions:
9. To establish a person’s culpability under (i.e. estafa), it is indispensable 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 enumerate all, write it in paragraph form so that it would not easily be noticeable that you missed
something.

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. In the first, it is necessary that there be….., whereas in the second it is sufficient that there be ….
b. In the former, … while in the latter…
c. The former requires … while the latter…
d. … on the other hand ______________ is…

ANSWERING QUESTIONS WITH VAGUE FACTS (or which requires qualification)

* But if the facts are complete in itself, do not attempt to add facts or assume anything.

1. We must distinguish. If… (or As far as the __________ is concerned)

2. It depends. If…(or As far as the __________ is concerned)
3. The question requires a qualified answer. If…
4. I will qualify. If…
5. On the assumption that…
6. My answer must be qualified.

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!!!

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),…

CITING LAW PROVISIONS

1. No less than the (i.e. 1987 Constitution) provides for the…

2. The (i.e. Rules of Court) substantially provides in part that…
3. Under the broad principles of (i.e. due process clause)…
4. Under the all-encompassing doctrine of (i.e. incontestability clause)…
5. Under the law…
6. According to the (i.e. Family Code)…
7. The law is explicit on the matter.
8. The law explicitly expresses in part that…
9. By express provision of law,…
10. By operation of law…
 11. As a matter of law…
12. Worth remembering is the rule on _______________ which provides in part that…
13. Decisive on the matter is the pertinent provision of the (i.e. Law on Property)
14. The law prescribes certain rules on…
15. By legislative fiat…

QUOTING SUPREME COURT DECISIONS

1. The Supreme Court in one case, had the occasion to rule that…
2. In a long-line of cases decided by the Supreme Court, it has always been (consistently) held that…
3. In a litany of cases decided by the Supreme Court,
4. In a long-string of cases decided by the highest court of the land,
5. According to several cases decided by the Supreme Court,…
6. In a series of cases decided by the Supreme Court,
* Do not use the words series, litany or long-line if there is only one decision/jurisprudence for that topic.
7. In one case decided by the highest court of the land, it was held that
8. In one case, the Supreme Court ruled that
9. It has been said that…
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,

2. From the facts given, noteworthy is the …
3. From the facts of the case, it is readily observable that…
4. In the instant case, it may be observed that…
5. It is crystal clear from the facts presented that (i.e. the crime of treason) is present (or was committed).
6. In the present case, it is immediately noticeable that the element of __________ is wanting (or lacking).
7. Under the circumstances, the proper remedy would be…
8. The case obtaining indicates a case of (i.e. B.P. 22)
9. It logically follows…
10. It goes without saying…
11. 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…
 14. The facts sufficiently indicated …
15. In the given facts, it is immediately apparent that…
16. It is evident that…
17. In the same token…
18. Under the facts stated in the problem,…
19. In the case under consideration,…
20. Worth stressing is the fact that
21. Worth emphasizing is the fact that
22. The facts would reveal that…
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…
26. A cursory examination of the…

ANSWERING IN THE POSITIVE

1. The petition is meritorious.

2. The contention has legal basis.
3. The case will prosper.
4. The argument is proper.
5. The provision is perfectly applicable.
6. The action is tenable.
7. The motion should be granted.
8. The Judge is correct.
9. The petition is impressed with merit.
10. Yes. It is a (i.e. patent violation) of the
11. There is merit in the petition.
12. The petitioner’s contention is sustainable.

ANSWERING IN THE NEGATIVE

1. The contention does not hold water.

2. With all due respect to the judge, his decision is apparently erroneous or is not in accord with law and existing
jurisprudence.
3. The contention is totally misplaced.
4. It is now too late in the day to raise the issue of…
5. The petition is not meritorious.
6. The evidence presented deserves scant consideration.
7. The contention has no legal basis.
8. The argument is bereft of merit.
9. The petition is devoid of merit.
10. Petitioner’s reliance on the (i.e. doctrine of…) is inappropriate. The doctrine of … does not apply in cases where /
of…
11. It is a futile gesture on the part of the respondent to invoke the rule on…
12. The theory/argument has no ground to stand upon.
13. The contention has no leg with which to stand on.
14. The position of the petitioner runs counter with the doctrine of…
15. The case will not prosper.
16. The case is not tenable.
17. The act of the accused in… is of no moment.
18. The assertion lacks substance.
19. The decision is erroneous.
20. The court cannot countenance the (i.e. inconsistent postures of the petitioner)
21. The testimony that…, cannot be given credence.
22. The evidence presented has no probative value.
23. The allegation is belied by the fact that…
24. To put it otherwise would be to render the law on _____________ useless/futile.
25. The actuations of the accused in (i.e. fleeing and hiding) negates (i.e. innocence)
26. While it is true that _______________ is a (i.e. constitutional guaranteed right of a person), it does
not, however mean…
27. It is not correct to say that…
28. It is not proper to state that…
29. It is not accurate to conclude outright that…
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.
32. It would be absurd and incongruous to sustain the argument that…
33. It is not enough that…
34. The fact that … is immaterial since…
35. The fact that … is irrelevant since…
36. In itself, mere …… is not sufficient (i.e. to warrant conviction)….
37. The petitioner cannot give any additional meaning to the clear and plain language of the law.
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 petitioner’s 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.
43. The (i.e. respondent) cannot rely on (i.e. mere alibis) to aid his cause.

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…
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 among them existed)
28. Inescapably, therefore,…
29. All things considered,…
30. It follows therefore that…
31. As a logical result…
32. In sum,..
33. In view of the fact that…,
34. All told,…
35. Given the prevailing facts…
36. Having stated the foregoing premises,…
37. One final point,…
38. Accordingly,…

MY PERSONAL ADVICE FOR FUTURE BAR CANDIDATES DURING THE REVIEW

· Always pray before and after studying.

· 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 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 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.

. Never be tempted to cheat.

. Keep your focus.

. 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 being asked. Though it is tempting to
showcase your knowledge, do not over-elaborate.

. Avoid erasures.

. Do not hurry at the expense of substance (and readability) of your answers.

. Leave a space before starting a new paragraph.

. Review your answers. Scan your booklet before submitting the same. Be sure you have not left any question
unanswered.

. Bring extra sign/fountain pens.

. Observe proper margin.

DISCLAIMER!!!

This is only a guide material and will not and cannot assure anyone of passing or even topping the BAR. What is assured
only is that it will greatly facilitate the candidates’ presentation of his/her answers.

——–GOO D LUCK! ! ! ——
HOW TO ANSWER BAR EXAM ESSAY QUESTIONS IMPRESSIVELY
By: Atty. Ruben C. Talampas, Jr.

The then Chairperson of the Committee on Bar Examinations, Madame Justice Ameurfina Melencio-Hererra, submitted
a report to the Philippine Supreme Court her observations on the 1980 bar exams.

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?”

Answer – “Both penalties must be served by the accused, and he was electrocuted and died then it washes out the
remaining sentence to served by the accused.”

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?”

Answer – “No. considering his possession as peace officer by the higher authority to patrol the place where robbery
are frequent. The one responsible for this is the Municipal Mayor who order without warrant of arrest and the act of
the patrolman are in good faith believing to be a robbery entering a house. So the proper party liable is the Municipal
Mayor.”

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.”

Answer – “The defense counsel of the accused contention in untenable assuming now that there is no illegal taking of
the jeep from “AA”. The owner but “BB” a temporary driver hired by “AA” failure to return the jeep such vehicle as
now ready to be sold by “BB” have an intent to gain is theft cases as an element.

Our aim, of course, is not to ridicule and immortalize these Bar answers. Our aim is to remedy, correct, and
supplement the aforesaid deficiencies for future bar takers so that they would not suffer the same fate.

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.
A bar examinee’s answer should be a total “package”. Meaning, it contains all the necessary ingredients. This is when
the 4Ls come in: law, language, logic, and layout. His answer should be legible and neat without the irritating erasures
observing the proper margin and space between paragraphs with correct composition, grammar and spelling coupled
of course of the knowledge of the law principles and its application to the given set of facts responsive to the issue or
question at hand.

The examiner will be looking and expecting for the following from your answer:

1. Proper understanding and appreciation of the facts, particularly of the components or details that can be material
in resolving the given problem;
2. Appreciation of the applicable laws that may come into play;
3. Recognition of the issues posed;
4. Resolution of the issues through the analysis and application of the law to the given facts; and
5. Presentation and articulation of answer.

In essence, your answer should clearly indicate:

1. the relevant facts;

2. the applicable law;
3. your analysis; and
4. your conclusion.

To expound it further, a Bar examinee’s answer should clearly demonstrate:

IDENTIFICATION OF THE PROBLEM

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.

KNOWLEDGE OF THE LAW

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.

APPLICATION AND ANALYSIS

Your answer should reveal your capacity to reason logically by applying the appropriate rule or principle to the operative
facts of the question as a step in reaching your conclusion. This involves making the correct preliminary determination as
to which facts in the question are legally important and which, if any, are irrelevant.
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.

An answer that consists entirely of mere conclusions unsupported by any statements or discussion of the rules or
reasoning upon which it is based is entitled to little credit. Clarity and conciseness are important, but make your answer
complete. Do not volunteer irrelevant or immaterial information.

ARTICULATION

Articulation is expressive of the following basic fundamentals: good language, impressive presentation, logical reasoning
and substantial background knowledge of law and procedure. Impressive answers showing the candidates reasoning
faculty is what the examiners want to read in your examination notebooks.
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;
4. Reason behind the law/concept/principle; and
5. Case Problem.

CASE PROBLEM

This type comprises an average of 80 – 90 percent of the questions in every subject, hence, it is imperative that you are
well-versed in answering the same.

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.

Below is the suggested outline/structure of your answer for a “case/situationer problem” question:

1st Paragraph – Positive/Negative/Qualified Answer

2nd Paragraph – Applicable Law/Jurisprudence
3rd Paragraph – Correlation of the Law/Jurisprudence with the Facts of the Case
4th Paragraph – Conclusion (this may be part of the 3rd Paragraph)

Okay, you already have an outline but isn’t 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.

ANSWERING IN THE POSITIVE

1. The petition is meritorious.

2. The contention has legal basis.
3. The case will prosper.
4. The argument is proper.
5. The provision is perfectly applicable.
6. The action is tenable.
7. The motion should be granted.
8. The Judge is correct.
 9. The petition is impressed with merit.
10. Yes. It is a (i.e. patent violation) of the
11. There is merit in the petition.
12. The petitioner’s contention is sustainable.

ANSWERING IN THE NEGATIVE

1. The decision is not in accord with law and jurisprudence.

2. The decision is erroneous.
3. The contention is totally misplaced.
4. The doctrine of….. does not apply in this case.
5. The petition is not meritorious.
6. The evidence presented deserves scant consideration.
7. The contention has no legal basis.
8. The argument is bereft of merit.
9. The petition is devoid of merit.
10. Petitioner’s/Respondent’s/Complainant’s/Plaintiff’s/Defendant’s/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…
12. The theory/argument has no ground to stand upon.
13. The contention has no leg with which to stand on.
14. The position of the petitioner runs counter with the doctrine of…
15. The case will not prosper.
16. The case is not tenable.
17. The act of the accused in… is of no moment.
18. The assertion lacks substance.
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)
21. The testimony that…, cannot be given credence.
22. The evidence presented has no probative value.
23. The allegation is belied by the fact that…
24. To put it otherwise would be to render the law on _____________ useless/futile.
25. The actuations of the accused in (i.e. fleeing and hiding) negates (i.e. innocence)
26. While it is true that _______________ is a (i.e. constitutional guaranteed right of a person), it does not, however
mean…
27. It is not correct to say that…
28. It is not proper to state that…
29. It is not accurate to conclude outright that…
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.
32. It would be absurd and incongruous to sustain the argument that…
33. It is not enough that…
34. The fact that … is immaterial since…
35. The fact that … is irrelevant since…
36. In itself, mere …… is not sufficient (i.e. to warrant conviction)….
37. The petitioner cannot give any additional meaning to the clear and plain language of the law.
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 petitioner’s 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.
ANSWER THAT REQUIRES QUALIFICATION

(But if the facts are complete in itself, do not attempt to add facts or assume anything.)

1. We must distinguish. If… (or As far as the __________ is concerned)

2. It depends. If…(or As far as the __________ is concerned)
3. The question requires a qualified answer. If…
4. I will qualify. If…
5. On the assumption that…
6. My answer must be qualified.

CITING LAW PROVISIONS

1. No less than the (i.e. 1987 Constitution) provides for the…

2. The (i.e. Rules of Court) substantially provides in part that…
3. Under the broad principles of (i.e. due process clause)…
4. Under the all-encompassing doctrine of (i.e. incontestability clause)…
5. Under the law…
6. According to the (i.e. Family Code)…
7. The law is explicit on the matter.
8. The law explicitly expresses in part that…
9. By express provision of law,…
10. By operation of law…
11. As a matter of law…
12. Worth remembering is the rule on _______________ which provides in part that…
13. Decisive on the matter is the pertinent provision of the (i.e. Law on Property)
14. The law prescribes certain rules on…
15. By legislative fiat…

QUOTING SUPREME COURT DECISIONS

1. The Supreme Court in one case, had the occasion to rule that…
2. In a long-line of cases decided by the Supreme Court, it has always been (consistently) held that…
3. In a litany of cases decided by the Supreme Court,
4. In a long-string of cases decided by the highest court of the land,
5. According to several cases decided by the Supreme Court,…
6. In a series of cases decided by the Supreme Court,
* Do not use the words series, litany or long-line if there is only one decision/jurisprudence for that topic.
7. In one case decided by the highest court of the land, it was held that
8. In one case, the Supreme Court ruled that
9. It has been said that…
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 …
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 )

1. Applying the said law/doctrine in the instant case,

2. From the facts given, noteworthy is the …
3. From the facts of the case, it is readily observable that…
4. In the instant case, it may be observed that…
5. It is crystal clear from the facts presented that (i.e. the crime of treason) is present (or was committed).
6. In the present case, it is immediately noticeable that the element of __________ is wanting (or lacking).
7. Under the circumstances, the proper remedy would be…
8. The case obtaining indicates a case of (i.e. B.P. 22)
9. It logically follows…
10. It goes without saying…
11. 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…
14. The facts sufficiently indicated …
15. In the given facts, it is immediately apparent that…
16. It is evident that…
17. In the same token…
18. Under the facts stated in the problem,…
19. In the case under consideration,…
20. Worth stressing is the fact that
21. Worth emphasizing is the fact that
22. The facts would reveal that…
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…
26. A cursory examination of the…

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…
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 among them existed)
28. Inescapably, therefore,…
29. All things considered,…
30. It follows therefore that…
31. As a logical result…
32. In sum,..
33. In view of the fact that…,
34. All told,…
35. Given the prevailing facts…
36. Having stated the foregoing premises,…
37. One final point,…
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……

In the case at bar…..

Hence.. …

X’s 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….

Based on the facts of the case…

Therefore/Consequently… . . .

The. . . . is proper/tenable/untenable

It is a well settled rule/As provided for under the

Moreover . . ..Hence/Therefore

Under the provisions of RA/Constitution/Law/Statute. . . .

On the problem at hand..,..Consequently

On the other hand….

As such it should be ruled … …

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 _______
2. In a nutshell, the following are the elements of the crime of _________
3. The following elements are generally considered in the determination of the presence of (i.e. employer-employee
relationship)
 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)…

5. The following are the requisites for…

6. In order that a case for (i.e. B.P. 22) to prosper, the following elements must be attendant/present:
7. To constitute (i.e. homicide), the following requisites must concur:
8. (i.e. Legal compensation) requires the concurrence of the following conditions:
9. To establish a person’s culpability under (i.e. estafa), it is indispensable 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 ….
3. In the former, … while in the latter…
4. The former requires … while the latter…
5. … on the other hand ______________ is…

DEFINITION

1. ________________ is a comprehensive term used to describe _______.

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 …
5. ________________ is a branch of public law (or private law) which deals with..
6. It pertains to…
7. It connotes a ….
8. … is a doctrine in (i.e. Civil Law) which refers to…
9. … is a principle in (i.e. Criminal Law) which states that…
10. It presupposes…
11. Its principal identifying feature is..
12. It is akin to…
13. The function of which is to…
14. The office of which is to…

REASON BEHIND THE LAW/CONCEPT/PRINCIPLE

1. The purpose of the law is…

2. The law is designed to…
3. It is intended to shield …
4. It is primarily aimed at protecting ____________ from unwarranted ____
5. The rationale behind the law is…
6. The spirit of the law is to the effect that…
ADDITIONAL TIPS ON HOW TO APPROACH BAR ESSAY QUESTION

1. Finishing is the key. Many fail the Bar exam because they don’t finish the exam. They spend so much time on an
early question that they can’t 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. Don’t 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. It’s easy to waste time by getting carried away by a single question or by getting stuck on a
question that’s 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 aren’t 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 won’t get all the possible points if
you don’t 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.

8. If you really have no idea on how to answer a really difficult question, or a borderline case, or you do not know
what the answer is, the use of inverted pyramid of answering question may be helpful. This may be done by
inverting the usual answer format. Initially, present your knowledge of the law and/or jurisprudence, then make
your smart guess. With this, you may be able to show or convince the examiner that you know something about
the issue but you were merely incorrect in your conclusion, you may get a credit for your answer.

9. Number your answer accordingly. Don’t make the Examiner search for your answers. Make your answer look
professional. Don’t use textspeak and don’t abbreviate. Answers which look professional, are well organized and
which use paragraphs and indenting where appropriate make the Examiner’s 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. Don’t submit your test booklet too early. There’s 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
we’ve 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.

15. Finally, PRAY!

The task ahead of us is not as great as the Power behind us.

May the Force be with you!!!