TECHNIQUES IN ANSWERING BAR QUESTIONS

REASON/S BEHIND THE LAW ENUMERATION

1. The purpose of the law is… 1. In capsule form, the following are the elements
2. The law is designed to… of the crime of
3. It is intended to shield .. 2. In a nutshell, the following are the elements of
4. It is primarily aimed at protecting ____________ the crime of
from unwarranted __________ 3. The following elements are generally considered
5. The rationale behind the law is… in the determination of the presence of (i.e.
6. The spirit of the law is to the effect that… 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
DEFINITION / EXPLANATION Code) are:
1. ________________ is a comprehensive term used (1)…
to describe _________. (2)…
2. _________________, in its generally accepted 5. The following are the requisites for… In order
sense, refers to …. that a case for (i.e. B.P. 22) to prosper, the
3. … It is a safeguard and guarantee provided by the following elements must be attendant/present:
1987 Constitution.. 6. To constitute (i.e. homicide), the following
4. … It is a kind of relief granted to a requisites must concur: (i.e. Legal compensation)
______________ by the … requires the concurrence of the following
5. ________________ is a branch of public law (or conditions:
private law) which deals with.. 7. To establish a person’s culpability under (i.e.
6. It pertains to… estafa), it is indispensable that…
7. It connotes a ….
8. … is a doctrine in (i.e. Civil Law) which refers to… * Tips on answers that require enumerating
9. … is a principle in (i.e. Criminal Law) which states something. (i.e. elements). If you can
that… enumerate all, write it in bulleted or numbered
10. It presupposes… form to highlight the fact that you know all of
11. Its principal identifying feature is.. them and for more convenient-
12. It is akin to… reading purposes. If you cannot enumerate all,
13. The function of which is to… write it in paragraph form so that it would not
14. The office of which is to… easily be noticeable that you missed
something. (I got the above tip from our mentor
Atty. Gafar Lutian)
 TECHNIQUES IN ANSWERING BAR QUESTIONS
DISTINCTION
When being asked to distinguish, do not state its
definition. If you give its definition, you are in effect
asking the examiner to extract out the differences of
the two [or more] from your definition. Do not also
give their similarities. You are asked to differentiate
and contrast, so similarities are not included (That
was a tip I learned from my professor in Civil Law
Review I, Atty. Virgilio Gesmundo).The number of
distinctions you will give must also be proportionate
on the points allotted for such. If it is only
worth two points, do not give 8 distinctions. The
examiner cannot give you 8 points for that….
For a two point distinction question, perhaps, three
would be enough (four is not too much).
1. The (i.e. two) may be distinguished from each
other in the followings 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…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…
 TECHNIQUES IN ANSWERING BAR QUESTIONS
ELABORATING/EXPOUNDING ANSWERS
Go straight to the point. The length of answers and
expounding the same, must always be proportionate
to the points allotted for such particular question.
The higher the points, the more in-depth the
elaboration should be. However, it must not
appear “na nambobola ka na”. Sometimes, if your
answer is too long, it is an indication that you are
not sure of the answer so there is that need of
getting around the bush. Remember that most of
the times, MORE TALK, MORE MISTAKE!!!
(I got this tip from my professor in Political Law,
Dean Mariano F. Magsalin, Jr.)
1. It should be borne in mind that…
2. It must be noted that…
3. It may be recalled that…
4. It is worth observing…
5. It must be taken into consideration that…
6. More importantly, ….
7. Significantly,…
8. Corollarily,…
9. Furthermore,…
10. Moreover,…
11. Similarly,…
12. Parenthetically,…
13. In other words,…
14. Otherwise stated,…
15. Simply put,…
16. Simply stated,…
17. Stated more concretely…
18. The reasons are obvious. (expound)
19. The reasons are well-known. (expound)
20. The reasons are plain. (expound)
21. Under the same line of reasoning,…
22. As regards…
23. With regard to… (it is error to state “with regards
to”)
24. Anent the (i.e. first issue),…
25. As far as the ________________ is concerned,…
26. This is indicated by the fact that…
27. The language of the law leaves no room for doubt
that,…
28. Justice and fair-play dictates that,…
29. Applying the principle of….
30. For all its conceded merits, (i.e. equity is available
in the absence of lawand not as its replacement)…
31. The law is categorical with regard to…
32. Notwithstanding the… (i.e. execution of the
document)
33. It is beyond debate that,…
34. It is imperative to look at,…
35. This is consistent with the time-honored maxim
(i.e. nullum crimen nulla poena sine lege).
36. As it is imbued with public interest,…
37. In like manner,
38. In the same manner,
39. In the same vein,
40. In the same breath,
41. Likewise,..
42. In fine,
43. It bears articulating that
44. The controlling element in the (i.e. crime of
estafa) is…
45. By analogy,…
46. Suffice it to state that..
47. Emphasis must also be placed at…
 TECHNIQUES IN ANSWERING BAR QUESTIONS
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…
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,
 TECHNIQUES IN ANSWERING BAR QUESTIONS
* 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…
 TECHNIQUES IN ANSWERING BAR QUESTIONS
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, In the 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…
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.
 TECHNIQUES IN ANSWERING BAR QUESTIONS
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.
 TECHNIQUES IN ANSWERING BAR QUESTIONS

43. The (i.e. respondent) cannot rely on (i.e. mere 25. In light of the foregoing, it is beyond cavil (doubt)
alibis) to aid his cause. that,…
26. There is no doubt that…
CONCLUDING WORDS 27. To the unprejudiced mind, the actuations of the
1. From the gamut of evidence on hand, it can be three, when analyzed and taken together, leads to no
gathered/deduced that,… other conclusion except that (i.e. conspiracy among
2. Taken all together,… them existed)
3. Finally, … 28. Inescapably, therefore,…
4. Hence, … 29. All things considered,…
5. Therefore, … 30. It follows therefore that…
6. From the foregoing, it can be deduced that there is 31. As a logical result…
really (i.e. a violation of…) 32. In sum,..
7. From the foregoing, it is now safe to conclude 33. In view of the fact that…,
that…. 34. All told,…
8. Lastly, … 35. Given the prevailing facts…
9. Consequently,… 36. Having stated the foregoing premises,…
10. As a necessary consequence… 37. One final point,…
11. The logical implication is that… 38. Accordingly,…
12. At any rate,…
13. In view of the foregoing,… MY PERSONAL ADVICE FOR FUTURE BAR
14. As an inevitable conclusion,… CANDIDATES DURING THE REVIEW
15. In the light of the circumstances,…  Always pray before and after studying.
16. Undoubtedly,…  Turn off your cellular phones. (Turn it on only
17. Indubitably,… during your break). Most or a significant part of
18. Clearly, the case at hand falls squarely within the our time reviewing is sometimes spent on non-
purview of… sense (or not so important) texting-replying-
19. Verily, he/she has committed… texting-replying. There is a time for everything.
20. For this/these reason/s, it is unavoidable to But when you review, avoid interruptions.
conclude that… Cellular phone, believe me, is one of the major
21. Based on the facts obtaining,… interruptions. Although it is hard, why not
22. In this light,… sacrifice a little for the sake of being a lawyer.
23. This being the case…
24. Clearly therefore, applying the aforecited ruling in
the case at hand,…
 TECHNIQUES IN ANSWERING BAR QUESTIONS
 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
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
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 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.
you 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,
read 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
 TECHNIQUES IN ANSWERING BAR QUESTIONS
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.”
 TECHNIQUES IN ANSWERING BAR QUESTIONS

AFTER A BAR SUBJECT CARDINAL RULES IN TAKING THE BAR

(OR ENTIRE BAR EXAM)  Do not forget your test permits, Supreme Court
Do not discuss answers. It is futile because the color coded Identification card, and other
booklets had already been submitted and it could pertinent documents/things as required in
greatly affect your performance for the the letter coming from the SC allowing you to take
remaining subjects. If your noble reason on asking the Bar.
about the answers is for you to know the same, I  Bring a watch with you to keep you updated of the
suggest that you wait until the exam results have time left.
been already released. For self-preservation reasons,  Never be tempted to cheat.
for sure you will be anxious and fearful if you
 Keep your focus.
would discover that you have incurred (just for
 Carefully read and comprehend the instructions
example) 10 mistakes.
and questions.
 Answer one at a time.
IMPORTANT REMINDER IN ANSWERING
 Answer straight to the point. Be responsive to the
If you are so sure of the answer, you can directly
question. Answer only what is being
answer yes or no. But if you are just guessing or not
asked. Though it is tempting to showcase your
so sure of the answer, you better start citing law
knowledge, do not over-elaborate.
provisions and jurisprudence first.
 Avoid erasures.
Logic behind: If you answer yes or no and it
happened to be wrong, chances are, you will get an  Do not hurry at the expense of substance (and

automatic ZERO (0) for that item. The examiner readability) of your answers.

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
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.
 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
check. 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.