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

REASON/S BEHIND THE LAW

 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

 In a nutshell, the following are the elements of the crime of

 The following elements are generally considered in the determination ofthe presence of (i.e. employer-
employee relationship)

 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…

 In order that a case for (i.e. B.P. 22) to prosper, the following elements must be attendant/present:

 To constitute (i.e. homicide), the following requisites must concur:

 (i.e. Legal compensation) requires the concurrence of the following conditions:

 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. (I got the above tip from our mentor Atty. Gafar Lutian)
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:

b.
2. In the first, it is necessary that there be….., whereas in the second it is sufficient
that there be ….

 In the former, … while in the latter…

4. The former requires … while the latter…

5. … 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)

 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…

 The case of (i.e. ejectment) lies with the Municipal Trial Court.

 The case is cognizable by the (i.e. Regional Trial Court)

 The case is covered by the (Rules on Summary Procedure).

 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!!! (I got this tip frommy
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…

 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,…

 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…

 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.

 In one case decided by the highest court of the land, it was held that

8. In one case, the Supreme Court ruled that

 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…

 Immortal is the rule that…

3. Well settled is the rule…

  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

 By well settled public law…

 Basic is the rule in (i.e. Criminal Law)…

10. It is an elementary principle in…

11. It is a fundamental doctrine in…

12. Well accepted is the rule that…

13. It is axiomatic in (i.e. Civil Law) that

14. Enshrined in the 1987 Constitution is the rule that (i.e. no person shall be deprived of life, liberty or
Property without due process of law)

15. Consonant with the rule on…

16. It is a recognized doctrine in (i.e. Civil law) that…

17. It is a basic tenet in (i.e. Commercial Law)

18. Consistent with current jurisprudence

19. It is a legal presumption, born of wisdom and experience, that (i.e. official duty has been regularly
performed; that the proceedings of a judicial tribunal are regular and valid and that judicial acts and
duties have been and will be duly and properly performed. The burden of proving irregularity in official
conduct is on the part of the petitioners.)

20. It is an oft-repeated rule that…

21. The Philippines adhere to the principle of…

REFERRING BACK TO THE CASE (correlating the facts with the law/jurisprudence)
Note: In my personal opinion, it is not proper to use the statements “in the case at
bench” or “in the case at bar” when answering. Although I guess it is very tempting
because it sounds good and professional to state, “in the case at bar/bench”, we must
not forget that the cases given in the Bar are only theoretical. The statements “in the
case at bench” and “in the case at bar” are more appropriately used in pleadings in
court. After all, you can use the statements “In the instant case, In the facts given, Inthe problem given
and In the question presented.”
1. Applying the said law/doctrine in the instant case,

 From the facts given, noteworthy is the …

 From the facts of the case, it is readily observable that…

 In the instant case, it may be observed that…

 It is crystal clear from the facts presented that (i.e. the crime of treason) is present (or was committed).

  In the present case, it is immediately noticeable that the element of __________ is wanting (or
lacking).

 Under the circumstances, the proper remedy would be…

 The case obtaining indicates a case of (i.e. B.P. 22)

 It logically follows…

10. It goes without saying…

 Even assuming arguendo, for the sake of argument that…

12. The situation in the case at hand…

13. The situation presented evinces a case of…

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

 The contention does not hold water.

 With all due respect to the judge, his decision is apparently erroneous or is not in accord with law and
existing jurisprudence.

 The contention is totally misplaced.

 It is now too late in the day to raise the issue of…

 The petition is not meritorious.

 The evidence presented deserves scant consideration.

 The contention has no legal basis.

 The argument is bereft of merit.

 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.