BAR EXAM Answers

Useful Introductory Lines

(May also be used in preparing pleadings)

To my mind, the four year (or more) law study of a Bar candidate is more
than sufficient to at least hurdle the Bar, if not top it. But that is on the
assumption that the Bar aspirant has been a diligent law student, meaning
he/she has religiously studied every subject of the course.
I made this to be of help to law graduates who will be taking the Bar in the
near future. All of them for sure know the law. After all, perhaps it would be
safe to presume, that they will not graduate if they did not deserve to.
Taking the Bar and answering every question given by the Honorable
Bar examiners are not based solely in knowing the law. I think that you will
agree with me that it is more of HOW TO EFFECTIVELY CONVEY to the
examiner (thru the test booklet answers) that the Bar candidate knows the
applicable law and how should it be properly applied in the given scenario.
Appropriate usage of introductory words and statements are great factors,
to the point I guess that it would appear that as if we know the law, when in
truth and in fact, we do not or that we have forgotten the same.
Lets admit it, it is hard to know all the answers in a given Bar exam. Well,
that is perfectly normal. But do not ever get discouraged. Familiarize
yourself with these introductory lines
Answering the Bar will then flow smoothly as it should be.
- Atty. Rey C. Tatad, Jr.
WHY READ THIS?
Imagine a test booklet with same introductory answer The law provides
from answer to question no. 1 to answer to the nth question. It is boring to
read right? If you are the one who will check such test booklet, chances are
your enthusiasm in checking it might lessen as you go about the docket of
booklets.
Hence, these were culled from Supreme Court decided cases and compiled
for anybodys consumption.
WHO MAY USE THIS?
Justices / Judges (I said may use ha, I did not say they will J)

 Bar candidates
Law students
Colleagues in the law profession
Anybody else who may want to
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
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: (i.e.
Legal compensation) requires the concurrence of the following
conditions:
8. 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 to
highlight the fact that you know all of them and for more convenientreading purposes.(i.e. 1.2.3.)
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:
2. a.

3. b.
4. In the first, it is necessary that there be... whereas in the second it is
sufficient that there be .
5. In the former, while in the latter
6. The former requires while the latter
7. 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 Trial
2. Court)
3. It is within the ambit of the (i.e. Secretary of Labors) power.
4. It is not within the province of the (i.e. Municipal Trial Court)
5. It is clearly within the powers of the (i.e. Labor Arbiter) to
6. The case of (i.e. ejectment) lies with the Municipal Trial Court.
7. The case is cognizable by the (i.e. Regional Trial Court)
8. The case is covered by the (Rules on Summary Procedure).
9. 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 from my professor in Political Law, Dean Mariano F. Magsalin, Jr.)
It should be borne in mind that
1. It must be noted that
2. It may be recalled that
3. It is worth observing
4. It must be taken into consideration that
5. More importantly
6. Significantly
7. Corollary
8. Furthermore
9. Moreover
10. Similarly
11. Parenthetically
12. In other words
13. Otherwise stated
14. Simply put
15. Simply stated
16. Stated more concretely
17. The reasons are obvious. (Expound)
18. The reasons are well-known. (Expound)
19. The reasons are plain. (Expound)
20. Under the same line of reasoning
21. As regards
22. With regard to (It is error to state with regards to)
23. Anent the (i.e. first issue)
24. As far as the ________________ is concerned
25. This is indicated by the fact that
26. The language of the law leaves no room for doubt that
27. Justice and fair-play dictates that
28. Applying the principle of.
29. For all its conceded merits, (i.e. equity is available in the absence of
law and not as its replacement)
30. The law is categorical with regard to
31. Notwithstanding the (I.e. execution of the document)
32. It is beyond debate that
33. It is imperative to look at

34. This is consistent with the time-honored maxim (i.e. nullum crimen
nulla poena sine lege).
35. As it is imbued with public interest
36. In like manner,
37. In the same manner,
38. In the same vein,
39. In the same breath,
40. Likewise...
41. In fine,
42. It bears articulating that
43. The controlling element in the (i.e. crime of estafa) is
44. By analogy
45. Suffice it to state that...
46. Emphasis must also be placed at
47. Manifestly, there was (i.e. grave abuse of discretion amounting to
lack or excess of jurisdiction)
48. Needless to stress that
49. It goes without saying that
50. 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).
51. 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)
52. It is now too late in the day for the respondent/defendant to (i.e.
raise the issue of )
53. Equally telling is the (i.e. factual finding of the lower court) that
54. The gravamen of the (i.e. the crime of rebellion is an armed public
uprising against the government)
55. It cannot be denied that (i.e. the petitioner is also guilty of
negligence)
56. Attention must be drawn to the fact that
57. ___________ and ____________ are two mutually exclusive
remedies. An application of one precludes the application of the
other.
58. To amplify
59. It must be pointed out that
60. Notably
61. At the outset, the (i.e. defendant)
62. 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
14. Property)
15. The law prescribes certain rules on
16. 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,
7. Do not use the words series, litany or long-line if there is only
one decision/jurisprudence for that topic.
8. In one case decided by the highest court of the land, it was held
that
9. In one case, the Supreme Court ruled that
10. It has been said that
11. In a recent case, the Supreme Court has laid to rest the issue of
whether or not

12. It is well settled in this jurisdiction

13. It is well settled in this country
14. The Supreme Court has steadfastly adhered to the doctrine which
states that
15. In a case with similar facts, the Supreme Court ruled that
16. In several notable Supreme Court decisions, the highest court
declared that
17. The Supreme Court has often stressed that
18. In the landmark case of _____________, (if the case is so
famous) the Supreme Court laid down the doctrine which
substantially provides that
19. In the leading case of
20. As enunciated by the Supreme Court in one case
21. The court has repeatedly ruled
22. 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
23. There is likewise an array of cases in this jurisdiction where the
Supreme Court has consistently declared that
24. Deeply rooted is the jurisprudence which provides that
25. 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, 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
11. 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
27.
28. ANSWERING IN THE POSITIVE
29.
30. The petition is meritorious.
31. The contention has legal basis.
32. The case will prosper.
33. The argument is proper.
34. The provision is perfectly applicable.
35. The action is tenable.
36. The motion should be granted.
37. The Judge is correct.
38. The petition is impressed with merit.
39. Yes. It is a (i.e. patent violation) of the
40. There is merit in the petition.
41. 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 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. 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 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
petitioners 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
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 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. Dont ask your cobarristers. 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 5 point
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.
Dont blame yourself or dont panic if you failed to answer an item or
two. Its 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 dont 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.