Documente Academic
Documente Profesional
Documente Cultură
DEFINITION / EXPLANATION
ENUMERATION
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:
2. In the first, it is necessary that there be….., whereas in the second it is sufficient
that there be ….
3. In the former, … while in the latter…
4. The former requires … while the latter…
5. … on the other hand ______________ is…
But if the facts are complete in itself, do not attempt to add facts or assume anything.
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)
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 frommy professor in Political Law, Dean Mariano F. Magsalin,
Jr.)
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 or not…
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 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
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.”
CONCLUDING WORDS
· 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.
· Pray
· Make sure you have enough and complete sleep. A well rested mind can answer and articulate
better.
· 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 .
· 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.
· 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:
· 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.
. 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.
. 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.
. Review your answers. Scan your booklet before submitting the same. Be sure you have not left
any question unanswered.
DISCLAIMER!!!
This is only a guide material and will not and cannot assure anyone of passing or even topping
the BAR. What is assured only is that it will greatly facilitate the candidates’ presentation of
his/her answers.
——– G O O D L U C K ! ! ! ——–