TECHNIQUES IN ANSWERING BAR QUESTIONS BY
ATTY. REY TATAD JR.
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…
2. 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. (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:
1. b.
2. In the first, it is necessary that there be…..,
whereas in the second it is sufficient
that 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 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 throughout the entire proceedings in the trial court; case
most of the times, MORE TALK, MORE MISTAKE!!! (I got of Tijam vs. Sibonghanoy)
this tip frommy professor in Political Law, Dean Mariano 53. It is now too late in the day for the
F. Magsalin, Jr.) respondent/defendant to (i.e. raise the issue
of …)
1. It should be borne in mind that… 54. Equally telling is the (i.e. factual finding of the lower
2. It must be noted that… court) that…
3. It may be recalled that… 55. The gravamen of the (i.e. the crime of rebellion is an
4. It is worth observing… armed public uprising against the government)
5. It must be taken into consideration that… 56. It cannot be denied that (i.e. the petitioner is also
6. More importantly, …. guilty of negligence)…
7. Significantly,… 57. Attention must be drawn to the fact that…
8. Corollarily,… 58. ___________ and ____________ are two mutually
9. Furthermore,… exclusive remedies. An application of one precludes the
10. Moreover,… application of the other.
11. Similarly,… 59. To amplify,…
12. Parenthetically,… 60. It must be pointed out that…
13. In other words,… 61. Notably,…
14. Otherwise stated,… 62. At the outset, the (i.e. defendant)…
15. Simply put,… 63. Coming now to the issue of (i.e. prescription),…
16. Simply stated,…
17. Stated more concretely… CITING LAW PROVISIONS
18. The reasons are obvious. (expound) 1. No less than the (i.e. 1987 Constitution) provides for
19. The reasons are well-known. (expound) the…
20. The reasons are plain. (expound) 2. The (i.e. Rules of Court) substantially provides in part
21. Under the same line of reasoning,… that…
22. As regards… 3. Under the broad principles of (i.e. due process
3. With regard to… (it is error to state “with clause)…
regards to”) 4. Under the all-encompassing doctrine of (i.e.
24. Anent the (i.e. first issue),… incontestability clause)…
25. As far as the ________________ is concerned,… 5. Under the law…
26. This is indicated by the fact that… 6. According to the (i.e. Family Code)…
27. The language of the law leaves no room for doubt 7. The law is explicit on the matter.
that,… 8. The law explicitly expresses in part that…
28. Justice and fair-play dictates that,… 9. By express provision of law,…
29. Applying the principle of…. 10. By operation of law…
30. For all its conceded merits, (i.e. equity is available in 11. As a matter of law…
the absence of lawand not as its replacement)… 12. Worth remembering is the rule on
31. The law is categorical with regard to… _______________ which provides in part that…
32. Notwithstanding the… (i.e. execution of the 13. Decisive on the matter is the pertinent provision of
document) the (i.e. Law on Property)
33. It is beyond debate that,… 14. The law prescribes certain rules on…
34. It is imperative to look at,… 15. By legislative fiat…
5. This is consistent with the time-honored
maxim (i.e. nullum crimen nulla poena sine QUOTING SUPREME COURT DECISIONS
lege). 1. The Supreme Court in one case, had the occasion to
36. As it is imbued with public interest,… rule that…
37. In like manner, 2. In a long-line of cases decided by the
38. In the same manner, Supreme Court, it has always
39. In the same vein, been (consistently) held that…
40. In the same breath, 3. In a litany of cases decided by the Supreme Court,
41. Likewise,.. 4. In a long-string of cases decided by the highest court
42. In fine, of the land,
43. It bears articulating that 5. According to several cases decided by the Supreme
44. The controlling element in the (i.e. crime of estafa) Court,…
is… 6. In a series of cases decided by the Supreme Court,
45. By analogy,… * Do not use the words series, litany or long-line
46. Suffice it to state that.. if there is only one decision/jurisprudence for that topic.
47. Emphasis must also be placed at… 7. In one case decided by the highest court of
48. Manifestly, there was (i.e. grave abuse of discretion the land, it was held that
amounting to lack or excess of jurisdiction) 8. In one case, the Supreme Court ruled that
49. Needless to stress that… 9. It has been said that…
50. It goes without saying that 10. In a recent case, the Supreme Court has laid to rest
51. The Supreme Court frowns upon the (i.e. illegal the issue of whether or not…
practice of forum shopping as it erodes the 11. It is well settled in this jurisdiction…
administration of justice and makes a mockery of the 12. It is well settled in this country…
justice system). 13. The Supreme Court has steadfastly adhered to the
52. There is no denying in this case, that (i.e. the doctrine which states that
petitioner never raised the issue of jurisdiction
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…
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 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.