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

REASON/S BEHIND THE LAW

1. The purpose of the law is2.The law is designed to3.It is intended to shield 4.It is primarily aimed at protecting ____________ from unwarranted __________5.The rationale behind the law is6.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 to7.It connotes a .8. is a doctrine in (i.e. Civil Law) which refers to9. is a principle in (i.e. Criminal Law) which states that10. It presupposes11. Its principal identifying feature is..12. It is akin to13. The function of which is to14. 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 ofthe presence of (i.e. employer-employee relationship)

4. Among the (i.e. defenses/remedies) available to (i.e. Mr. X) as provided forby/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 beattendant/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 persons 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 tohighlight the fact that you know all of them and for more convenient-readingpurposes. If you cannot enumerate all, write it in paragraph form so that it wouldnot 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 myprofessor in Civil Law Review I, Atty. Virgilio Gesmundo).The number of distinctionsyou will give must also be proportionate on the points allotted for such. If it is only worthtwo 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 nottoo much).1. The (i.e. two) may be distinguished from each other in the followingsways:

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

2. 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)

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 Labors) 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, mustalways be proportionate to the points allotted for such particular question. The higherthe points, the more in-depth the elaboration should be. However, it must not appearna nambobola ka na. Sometimes, if your answer is too long, it is an indication thatyou 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

3. 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,

5. This is consistent with the time-honored maxim (i.e. nullum crimen nulla poenasine 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 orexcess 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 shoppingas it erodes the administration of justice and makes a mockery of the justicesystem).

52. There is no denying in this case, that (i.e. the petitioner never raised the issueof jurisdiction throughout the entire proceedings in the trial court; case of Tijamvs. Sibonghanoy)53. It is now too late in the day for the respondent/defendant to (i.e. raise the issueof )

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 uprisingagainst 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. Anapplication 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 partthat

13. Decisive on the matter is the pertinent provision of the (i.e. Law onProperty)

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 onedecision/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 ornot11. 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 that16. 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 ofthe land, where the Supreme Court held that

22. There is likewise an array of cases in this jurisdiction where the Supreme Courthas 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 bedeprived 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 dutyhas been regularly performed; that the proceedings of a judicial tribunal areregular and valid and that judicial acts and duties have been and will be dulyand properly performed. The burden of proving irregularity in official conduct ison 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 atbench or in the case at bar when answering. Although I guess it is very temptingbecause it sounds good and professional to state, in the case at bar/bench, we mustnot forget that the cases given in the Bar are only theoretical. The statements in thecase at bench and in the case at bar are more appropriately used in pleadings incourt. 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) ispresent (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

1. 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 that21. Worth emphasizing is the fact that22. The facts would reveal that23. A careful perusal of the facts of the case would reveal that24. A careful scrutiny of the actuations of the accused would reveal that25. A careful reading of the (i.e. Deed of Absolute Sale) would reveal that26. 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 the11. There is merit in the petition.12. The petitioners 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 notin 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. Petitioners 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 rightof 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 plainlanguage 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 petitionersassertion.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 andtaken together, leads to no other conclusion except that (i.e. conspiracyamong 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 CANDIDATESDURING THE REVIEW Always pray before and after studying.

Turn off your cellular phones. (Turn it on only during your break). Mostor a significant part of our time reviewing is sometimes spent on non-sense (or notso important) texting-replying-texting-replying. There is a time for everything. Butwhen you review, avoid interruptions. Cellular phone, believe me, is one of themajor interruptions. Although it is hard, why not sacrifice a little for the sake ofbeing a lawyer.

Believe in yourself. If you will not, then who do you expect would believein 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 youknowing it, tapos na araw or September na.

Before starting your review, be sure that the tension has alreadysubsided. (Specifically starting the month of July when tensions really soars highfor most Bar candidates) Bear in mind that we can comprehend more if we are in arelaxed state of mind.

Set your own pace. Do not compare your pace with others (like askingothers, 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 amountof 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 giventheoretical case problem, for sure you can hardly answer the same if you havememorized without understanding.

Do not highlight the entire reviewer.Sometimes, the problem withhighlighting is that it becomes our security blanket that we have read andunderstood what we have read. But more often, we have not. When you have a query or some matters in mind that needsclarification, just write it in a piece of paper, pag marami na, ask it to a professoryou believe is competent in that field. Dont ask your co-barristers. It might only endin 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 andcreate 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 thereview.

Take vitamins and take your meals on time.

BEFORE THE BAR EXAM PROPER Make sure you have enough and complete sleep. A well rested mindcan answer and articulate better. Pray

Review the material you personally believe is a good last minute tip foryou.

Compose yourself, your mind, heart and spirit. Focus on the exam aloneand not on the fear of failing. Stop or reduce your tension. Tension is normal, aslong as it is at a moderate level. After all, you will already be taking the bar, noturning back. So might as well do your best. And you can only perform well if youare in a composed mind and heart. (I suggest you close your eyes. Inhale thenexhale as you count one to ten. It might help)

Boost your confidence by telling yourself Walang (your surname) na dimagaling. 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 beplaced on your first, second and third paragraphs. The first paragraph normallycontains a one-sentence direct to the point answer to the question. The secondparagraph 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 decidedof your answer, write it according to your thoughts. In this approach, you will notonly be avoiding unnecessary revisions and erasures, you will also maintain thecleanliness of your booklet. Bear in mind that, a dirty booklet is irritating to the eyesof 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 beforethinking or bothering yourself of the succeeding questions.

Do not stay in a number for so long. Leave at least a sheet for a 5pointquestion. Go to the next number if you do not know the answer. If I am notmistaken, more than one (1) bar candidate had not succeeded because of stockinghimself / herself in an item he/she does not know the answer of. As a necessaryresult, he/she failed to finish the exam. As one of my friends told me, No matterhow 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 surelyget an automatic 0 point. So better answer all.

Dont blame yourself or dont panic if you failed to answer an item ortwo. Its perfectly normal. What is abnormal is if you failed to answer questions thatyou know the answer of just because you bothered/blamed yourself so much on theitems you dont know. In short, if you failed to finish the exam.

As my professor Atty. Francis Sababan told us before, mga bata, avoidpassing your booklet too early. The time allocated for each subject may be toomuch, but it must be used wisely to: (1) write legibly, (2) compose your answersproperly, (3) avoid erasures, (4) observe proper margin, and (5) review youranswers. 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 alreadybeen submitted and it could greatly affect your performance for the remainingsubjects. If your noble reason on asking about the answers is for you to know thesame, 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 woulddiscover that you have incurred (just for example) 10 mistakes.

IMPORTANT REMINDER IN ANSWERINGIf you are so sure of the answer, you can directly answer yes or no. But if youare just guessing or not so sure of the answer, you better start citing law provisions andjurisprudence first.Logic behind: If you answer yes or no and it happened to be wrong, chancesare, you will get an automatic ZERO (0) for that item. The examiner might not readyour answer anymore. Come to think of it, it would be a waste of his time readingexplanation 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, youmight get some credit. (The examiner might say, may alam tong batang to, nalitolang). Finally, at least, the examiner has read all your answer and explanation beforegrading you for that item.

CARDINAL RULES IN TAKING THE BAR. Do not forget your test permits, Supreme Court color codedIdentification card, and other pertinent documents/things as required in theletter 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 youranswers.

.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.