How To Answer Bar Exam 1

HOW TO ANSWER BAR EXAM ESSAY QUESTIONS IMPRESSIVELY
IDENTIFICATION OF THE PROBLEM
Your answer should demonstrate your ability to identify correctly the

problem(s) and issue(s) of law presented in the question. Your answer should
demonstrate your ability to articulate and classify the problem presented,
that is, to state it in a lawyer-like fashion and to place it in its proper
category or categories of doctrine.
KNOWLEDGE OF THE LAW
Your answer should demonstrate your knowledge of legal principles

and your ability to repeat them accurately on the examination as they relate
to the problem presented by the question. You should state concisely the
principle(s) and rule(s) governing the issue(s) presented by the question.
APPLICATION AND ANALYSIS
Your answer should reveal your capacity to reason logically by applying

the appropriate rule or principle to the operative facts of the question as a
step in reaching your conclusion. This involves making the correct
preliminary determination as to which facts in the question are legally
important and which, if any, are irrelevant.
The line of reasoning that you adopt should be clear and consistent
without gaps or digressions. This is the most important element in your
answer and, therefore, carries the most weight in the grading process.
CONCLUSION
You should address yourself to the task that the question asks you to
perform. For example, if the question calls for a specific conclusion or result,
such conclusion should clearly appear in your answer and should be stated
concisely and without equivocation.
An answer that consists entirely of mere conclusions unsupported by

any statements or discussion of the rules or reasoning upon which it is based
is entitled to little credit. Clarity and conciseness are important, but make
your answer complete. Do not volunteer irrelevant or immaterial information.
HOW TO ANSWER BAR EXAM ESSAY QUESTIONS IMPRESSIVELY: Ruben C. Talampas, Jr. Page 1
ARTICULATION
Articulation is expressive of the following basic fundamentals: good

language, impressive presentation, logical reasoning and substantial
background knowledge of law and procedure.Impressive answers showing
the candidates reasoning faculty is what the examiners want to read in your
examination notebooks.
Your answer should demonstrate your ability to analyze the facts

presented by the question, to select the material from the immaterial facts,
and to discern the points upon which the question turns. It should show your
knowledge and understanding of the pertinent principles and theories of law
involved and their qualifications and limitations. It should demonstrate your
ability to apply the law to the given facts, and to reason logically in a lawyer
like manner to a sound conclusion from the given premises.
You must also be aware that the Bar questions are not all “case or
situationer problems”. There are other types of Bar essay questions you
ought to know so you will be able to prepare and answer them properly in
case you encounter one. The usual types of Bar essay question are
enumerated below:
1. Enumeration;
2. Distinction;
3. Definition;
4. Reason behind the law/concept/principle; and
5. Case Problem.
CASE PROBLEM
This type comprises an average of 80 – 90 percent of the questions in

every subject, hence, it is imperative that you are well-versed in answering
the same.
Given that you know already the law; that you know how to apply it to
the set of facts; that you write legibly enough; left you with one problem –
that is how are you going to present or articulate it in an impressive manner.
A ready outline or structure of your answer will tremendously help you

to answer faster without missing an important part. By constant practice in
answering this type of question with the outline/structure in your mind, you
will be amazed how it easy for you to start outright and tackle the question
and come up with an impressive answer.
Below is the suggested outline/structure of your answer for a

“case/situationer problem” question:
1st Paragraph - Positive/Negative/Qualified Answer
2nd Paragraph - Applicable Law/Jurisprudence
3rd Paragraph - Correlation of the Law/Jurisprudence with the Facts of the

Case
4th Paragraph - Conclusion (this may be part of the 3rd Paragraph)
Okay, you already have an outline but isn’t it boring for the examiner
to read in your answers the same words or phrase at the beginning of your
paragraphs? For example you will use these words in every answer: the
contention is untenable; the law provides; therefore. The examiner will spot
this and might not be impressed to you at all which will result to a lesser
points.
You will agree that the hardest thing to do is to start. We want that the
first sentences or paragraph we will write will impress the examiner and
more often we cannot find the right words to start. Would it be easier if just
like the outline you have already a pool of words waiting to be used?
Knowing “First Liners” or introductory words will greatly help you to

quickly and smoothly string your thoughts and effectively convey your
answers. The following “first liners” or introductory words can be used
interchangeably to begin every paragraph of your outlined answer.
The following “Useful Introductory Lines” are mostly taken from the
article of Atty. Rey C. Tatad, Jr. with the same title.
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 decision is not in accord with law and jurisprudence.

2. The decision is erroneous.
3. The contention is totally misplaced.
4. The doctrine of….. does not apply in this case.
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/Respondent’s/Complainant’s/Plaintiff’s/Defendant’s/Accused
reliance on the (i.e. doctrine of…) is inappropriate.
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 (i.e. respondent) cannot rely on (i.e. mere alibis) to aid his cause.
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.
ANSWER THAT 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.
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…
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 one
decision/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
ornot…
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 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 …
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)
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…
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…
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. 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,…
Using the outline and the “first liners” above, make a format or model
of your answer and use what you deem is applicable in a given question. You
may make your own models as many as you want but it is suggested to have
at least 10 models.Here are some examples (taken from my 2007 Bar Tips to
NEU and INC Bar Examinees):
No/Yes. He can/cannot.....,
The law provides that/The Supreme Court has held in a line of cases......
In the case at bar.....
Hence.. ...
X's claim is not meritorious, hence the case should be decided against him
According to the law/The Supreme Court, in many cases, has ruled that....
Based on the facts of the case…
Therefore/Consequently... . . .
The. . . . is proper/tenable/untenable
It is a well settled rule/As provided for under the
Moreover . . ..Hence/Therefore
Under the provisions of RA/Constitution/Law/Statute. . . .

On the problem at hand..,..Consequently
On the other hand....
As such it should be ruled ... ...
ENUMERATION
The real secret in remembering the matters contained in an

enumeration is the use of keywords.Make your keywords on enumerations
you consider important.Never leave a blank in an enumeration! However, if
you use the letters a, b, c, etc. for numbers in the enumeration, so much the
better. Ten to one, the examiner may not count his fingers. Make the first
four in the enumeration definitely good.
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-
reading
purposes.
1.
2.
3.
If you cannot enumerate all, write it in paragraph form so that it wouldnot
easily be noticeable that you missed something.
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
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 person’s culpability under (i.e. estafa), it is indispensable
that…
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 differentiateand contrast, so similarities are not
included.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 following
ways:
a.
b.
2. In the first, it is necessary that there be….., whereas in the second it is
sufficientthat there be ….
3. In the former, … while in the latter…
4. The former requires … while the latter…
5. … on the other hand ______________ is…
DEFINITION
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…
REASON BEHIND THE LAW/CONCEPT/PRINCIPLE
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…
ADDITIONAL TIPS ON HOW TO APPROACH BAR ESSAY QUESTION
1. Finishing is the key. Many fail the Bar exam because they don’t finish
the exam. They spend so much time on an early question that they
can’t finish the later ones. Or they work on all of the questions at once,
but without finishing some or all of them. Either way, these Bar
candidates are writing too slowly, and it costs them their ticket to a law
license. Focus on one question at a time. Don’t bother or think of
another question while answering one.
2. Budget your time according to the number of questions and length of
problems.Check the point percentage allocation for each question.This
will be your guide on how much time you will spend for a question. Of
course, you will devote more minutes to questions with a big or higher
percentage (i.e. 5%; 10%) than questions with a minimum point
percentage (i.e. 1%; 2%).
3. Set a time schedule. It's easy to waste time by getting carried away by
a single question or by getting stuck on a question that's giving you
trouble. Make a general allocation for each question and adjust the
time depending on their percentage weight. Monitor your pace so that
you stay calm and will be able to answer all questions on the exam.
4. If the question is lengthy, read first what is required at the bottom of

the question. By doing this, you will be able to determine what facts do
you need and what facts are immaterial. This will save you time from
re-reading the question. You can also start formulating your answer in
mind while reading the question, thus, it will be easier and faster for
you to write your answerssince you are already guided by your earlier
analysis. It will also minimize errorsand erasures.
5. Be reminded that one of your tasks while preparing for the Bar exam is
to become an expert fact pattern reader. So what do you do if you
aren’t very good at reading facts? You need to experiment with
different ways to get better at reading facts. Practice answering past
Bar questions as many as you can. Analyze the suggested answers and
take note how the answers used the facts in the problem. Remember,
you won’t get all the possible points if you don’t understand what the
Bar examiners are asking you. You must become an expert fact reader
in order to write a complete exam answer.
6. Before answering, formulate on your mind what will be placed on your

first, second and third paragraphs. Mentally apply your outline. 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 eyesof the person checking
the same.
7. Use logic or common sense when you do not know the answer. Ask the
question, "What is the best solution or resolution for this case?" or "If I
were the examiner how do I want the question answered?" Do not just
guess, make a smart guess. Your best guide is to think what is most
just and equitable since these are thepurpose any law seeks to
achieve.
8. If you really have no idea on how to answer a really difficult question,

or a borderline case, or you do not know what the answer is, the use of
inverted pyramid of answering question may be helpful. This may be
done by inverting the usual answer format. Initially, present your
knowledge of the law and/or jurisprudence, then make your smart
guess. With this, you may be able to show or convince the examiner
that you know something about the issue but you weremerely incorrect
in your conclusion, you may get a credit for your answer.
9. Number your answer accordingly. Don’t make the Examiner search for
your answers. Make your answer look professional. Don’t use textspeak
and don’t abbreviate. Answers which look professional, are well
organized and which use paragraphs and indenting where appropriate
make the Examiner’s job easier.
10. An answer to one question in one problem requires a separate page.

Answers tosub-questions may be presented continuously in a page
separated by space/s. It issuggested, however, that even answers to
sub-questions be presented on separate page, unless your answer is
very short, so that in case you want to change any or in case you have
missed a sub-question, you can still insert your answer inthe
remaining spaces of the page.
11. Don’t submit your test booklet too early. There’s no prize for early
finishers. Budget and utilize all the time allocated for you to:
(a)compose good answers; (b) review your answers; and (c) write
legibly.
12. Practice, practice, practice. Practice is vital to your success in the Bar
exam.You must get used answering Bar essay questions. The only way
to know if you can (or if you know the law) is to practice. Answering
Bar questions regularly will help you learn the law as well as become a
better tester.There are many sample bar exam essay questions and
answers available on the internet. You may also find the Q&A
published by the UP Law Center helpful.
13. The key to success in any endeavor is preparation. Familiarity with the
structure of the essay questions and how you respond to them will go
a long way in alleviating your anxiety on test day. You job is to practice
the approach we’ve just outlined so that it becomes so automatic by
exam day that you move from one step to the other without missing a
beat.
14. At least twice during your bar prep (ideally four), do a simulated Bar
exam day. Do a mock version of it. The key is to practice under
conditions similar to the actual Bar examinations. This will make you
mindful of time constraints and more comfortable when you approach
the real test, the Bar exam.
15. Finally, PRAY!
The task ahead of us is not as great as the Power behind us.

May the Force be with you!!!

How To Answer Bar Exam 1

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HOW TO ANSWER BAR EXAM ESSAY QUESTIONS IMPRESSIVELY

IDENTIFICATION OF THE PROBLEM

Your answer should demonstrate your ability to identify correctly the

KNOWLEDGE OF THE LAW

Your answer should demonstrate your knowledge of legal principles

APPLICATION AND ANALYSIS

Your answer should reveal your capacity to reason logically by applying

An answer that consists entirely of mere conclusions unsupported by

Articulation is expressive of the following basic fundamentals: good

Your answer should demonstrate your ability to analyze the facts

This type comprises an average of 80 – 90 percent of the questions in

A ready outline or structure of your answer will tremendously help you

Below is the suggested outline/structure of your answer for a

2nd Paragraph - Applicable Law/Jurisprudence

3rd Paragraph - Correlation of the Law/Jurisprudence with the Facts of the

4th Paragraph - Conclusion (this may be part of the 3rd Paragraph)

Knowing “First Liners” or introductory words will greatly help you to

ANSWERING IN THE POSITIVE

1. The petition is meritorious.

ANSWERING IN THE NEGATIVE

1. The decision is not in accord with law and jurisprudence.

ANSWER THAT REQUIRES QUALIFICATION

1. We must distinguish. If… (or As far as the __________ is concerned)

CITING LAW PROVISIONS

1. No less than the (i.e. 1987 Constitution) provides for the…

QUOTING SUPREME COURT DECISIONS

1. It is hornbook doctrine in (i.e. Civil Law) that…

REFERRING BACK TO THE CASE

1. Applying the said law/doctrine in the instant case,

Under the provisions of RA/Constitution/Law/Statute. . . .

The real secret in remembering the matters contained in an

If you can enumerate all, write it in bulleted or numbered form

1. ________________ is a comprehensive term used to describe_______.

REASON BEHIND THE LAW/CONCEPT/PRINCIPLE

1. The purpose of the law is…

ADDITIONAL TIPS ON HOW TO APPROACH BAR ESSAY QUESTION

4. If the question is lengthy, read first what is required at the bottom of

6. Before answering, formulate on your mind what will be placed on your

8. If you really have no idea on how to answer a really difficult question,

10. An answer to one question in one problem requires a separate page.

15. Finally, PRAY!

The task ahead of us is not as great as the Power behind us.

S-ar putea să vă placă și

1. __________ is a comprehensive term used to describe_.