HOW TO

ANSWER LAW
SCHOOL
EXAM
QUESTIONS

Atty. Bruneson I. Alabastro

From the slides of Atty. Camille Remoroza
 LAW LANGUAGE LOGIC
Clear Analyze the
Good grasp Presentation of facts in the
of the Law Answers. situation

EQUIP
YOURSELF

HANDWRITING
Kung di madala sa
substance, dalhin
mo sa form
 • The only way to equip yourself with
the law is by studying.

LAW
Q: Is it required to memorize the
laws?
A: It is preferred. You can use your
own words as long as the right
legal terms/keywords found in the
law are there.
 • Answer Concisely. (based on
the percentage)
• Avoid long sentences and
LANGUAGE paragraphs.
• If possible, use the active
voice.
• Simple sentence construction.
Subject + verb
• Mind your SPELLING and
grammar.
 • Always read the question first.
LOGIC • This will help you spot the
issue involved in the situation.
• This way, you will not be
confused with the facts.
• It will also save your time.
HANDWRITING
HANDWRITING
FORMAT 1
1
2

4
PARTS
CLAC 3
4 CONCLUSION
 C
CATEGORICAL ANSWER

Be Responsive to the Question.

Your categorical answer must be complete.
 L
LEGAL BASIS

>Do not cite articles/cases only, and not provide the

requisites
>Enumerate/identify requisites applicable
>No motherhood statements
>Focused legal basis – only that which is at issue in the
problem/applicable decided case
 A
ANALYSIS

>Just relate your analysis with the important issue in the

situation. Do not discuss everything, unless it is a 10pt
question.
>Identify the issue, note the operative facts, apply in
relation to your legal basis
 C
CONCLUSION

> It is like repeating the categorical answer

minus the doctrine.

Words to Use:
> Thus,
> Therefore,
SAMPLE PROBLEMS
At age 18, Marian found out that she was pregnant. She
insured her own life and named her unborn child as her sole
beneficiary. When she was already due to give birth, she and
her boyfriend Pietro, the father of her unborn child, were
kidnapped in a resort in Bataan where they were vacationing.
The military gave chase and after one week, they were found
in an abandoned hut in Cavite. Marian and Pietro were hacked
with bolos. Marian and the baby delivered were both found
dead, with the baby's umbilical cord already cut. Pietro
survived.

Can Marian's baby be the beneficiary of the insurance taken on

the life of the mother?
 COMMON
PROBLEMATIC
ANSWERS
 FACTUAL ANSWERS

Yes, Marian’s baby can be the beneficiary of Marian’s life insurance

because it is considered born having been conceived and completely
delivered from Marian’s womb.
 GENERALIZED ANSWERS

Yes, Marian’s baby can be the beneficiary of Marian’s life insurance.

Under the principle of the provisional personality of an unborn child, a
child considered born for all purposes that are favorable to it.

In the case at bar, it is obvious that making Marian’s baby a beneficiary

of her (Marian’s) life insurance is beneficial to her child. Hence, Marian’s
baby can benefit from the insurance policy.
 HODGE-PODGE ANSWERS

It depends. Marian’s baby can be the beneficiary of Marian’s life

insurance, if the baby was born under the conditions provided for by
Article 40 and 41 of the Civil Code. Art. 40 NCC provides that "birth
determines personality; but the conceived child shall be considered born
for all purposes that are favorable to it, provided that it be born later
with the conditions specified in Art. 41. Article 41 states that "for civil
purposes, the fetus shall be considered born if it is alive at the time it is
completely delivered from the mother's womb.

In this case, if Marian’s baby had an intra-uterine life of at least 7

months, the foetus is concerned born and may be a beneficiary. If the
foetus had an intra-uterine life of less than 7 months, and it dies within
twenty-four hours, it cannot be a beneficiary.
LET’S GO BACK
At age 18, Marian found out that she was pregnant. She
insured her own life and named her unborn child as her sole
beneficiary. When she was already due to give birth, she and
her boyfriend Pietro, the father of her unborn child, were
kidnapped in a resort in Bataan where they were vacationing.
The military gave chase and after one week, they were found
in an abandoned hut in Cavite. Marian and Pietro were hacked
with bolos. Marian and the baby delivered were both found
dead, with the baby's umbilical cord already cut. Pietro
survived.

Can Marian's baby be the beneficiary of the insurance taken on

the life of the mother? (10%)
 What should be your thought
process?
– What is the issue?
 WON Marian’s baby may be a beneficiary to Marian’s life insurance
– What are the OPERATIVE facts in relation to the issue?
 Marian was pregnant
 She named her unborn child as her sole beneficiary
 She was already due to give birth
 The baby was delivered and found dead with the baby's umbilical cord already cut
– What is the applicable law?
 Article 40 in relation to 41
– Marian’s baby can be a beneficiary to Marian’s life insurance, applying
the doctrine of the provisional personality of an unborn child.
– This doctrine finds support in Article 40 of the New Civil Code which
provides that a conceived child shall be considered born for all
purposes that are favorable to it, provided it be born later with the
conditions specified in Article 41; which, in turn, provides that the
foetus is considered born if it is alive at the time it is completely
delivered from the mother's womb.
– In this case, Marian’s designation of her unborn child as the sole
beneficiary to her life insurance is apparently favorable to the said
child. Since Marian was due to give birth at the time of the incident,
her baby is already considered born because it was later completely
delivered with its umbilical cord already cut from Marian’s womb when
the said baby was discovered and found dead.
– Hence, Marian’s baby can be a beneficiary to Marian’s life insurance.
SAMPLE PROBLEM
FROM ATTY. GALAS
Filipinos Jericho and Kristine got married in Frankfurt
while finishing their postgraduate studies in one of the
universities in Germany. A year later Jericho filed a
petition for annulment of their marriage on the ground
that Kristine was no longer a virgin at the time of the
marriage which is a valid ground for annulment in
Germany. The German court granted the petition. After
the annulment, Jericho returned to the Philippines and
met and fell in love with Cindy. He now consulted you,
as his lawyer, whether he is legally free to marry Cindy.
What would your legal advice be? Explain.