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PREPARATION

"There are no secrets to success. Don't waste time


looking for them. Success is the result ofpreparation,
hard work, learning from failure, ·loyalty to those for
whom you work for and persistence.,, - Gen. Colin
Powell
"The people who usually get the most out of life
are those who are prepared to roll with the punches ...
those who recognize the fact that they can't afford to
become static and stagnant." - Leon Kulilowski

Success comes easy to those who are well prepared!


Whatever the setting is, one thing remains consistently true
- the best performer is usually the one who is most prepared.
Nevertheless, preparation does not necessarily mean torturing
one's self to be so, rather, it is about getting ready to meet all
the expected challenges head on, using the most effective
methods available.
So this is true in the Bar examinations. Do not expect to
pass by studying for just a week or two. You mi ght have heard
of examinees trumpeting their success in the Bar exams by
reviewing merely a week or a month before. Do not ever
emulate them. Remember, this is your battle and no one can
tell, even yourself you'll see, that you are sure to win it. At
best , you can only a ssure yourself that you have prepared
using methods most effective to you.
Preparation is a deliberate and methodical activity which
would require you to sit and spend time to decide on various
points for the Bar exams. The importance of preparation need
not be overemphasized. There are stx factors to be .considered
in preparing for t he Bar exams: mental preparedness or

x 1
BAR REVIEW METHODS AND TECHNIQUES PREPARATION
B. Emotional Preparedness

intellectual competence, emotional preparedness, physical well- and that may be done cl wing your review. If your answers in
being, place and method of review, review materials and any or all three benchmarks are in the negative, you should
timetable. · think twice before taking the Bar exams. Five months review
will never be enough to study anew the matters which you
A. Mental Preparedness/Intellectual Competence should have already learned from your pre-law and law studies.
The sad t ruth is ... with five months, how will you expect
"Excellence is not being the best, it's doing your yourself to deal with the intricacies if you are still inadequate
best." - Author unknown on the basics? If that is the case, it is suggested that you should
defer taking the Bar exams to give you more time for your
The best time to undertake the review and take the Bar review until your answers to the above-presented assessment
exams is right after graduation, when all the things you have queries are all "yes!"
learned in law school are still fresh in your mind. It is perfectly
all right to realize that you do not have a mastery of all the B. Emotional Preparedness
laws and jurisprudence you have studied for four or more
years. The brain, no matter how vast its storage capacity is, "To be successful, you must decide exactly what
is not like a computer that mechanically saves data to their you want to accomplish, then resolve to pay the price
minutest details. In fact, our memory fails us most of the to get it." - Baker Hunt
time.
Do not worry if you feel inadequate, much more, that you Apart from assessing your intellectual competence, you
seem to have forgotten everything you have studied in law must likewise ask yourself if you are determined to take and
school, save the basics. Everything is just there waiting to be pass the Bar exams. Once you decide so, you must then resolve
explored but only more extensively this time. that you will truly prepare for and take the exams whatever
the costs and the sacrifices may be - since there will be a lot
So how do we know that we are mentally prepared or required. Determination is imperative as your intensity in
intellectually competent? That would be very simple - ask reviewing will greatly depend on it. One cannot adopt a "wait
yourself and honestly answer the following questions: and see" attitude and then decide on it after a large amount of
1. Do I have a good command of basic English? his limited time has already lapsed.

2. Have I understood and, therefore, retained the By postponing your taking of the Bar exams, the following
are the pitfalls:
basic rules and principles in my study oflaw?
3. Have I hurdled my study of law because I a. advent of new/additional laws
deserved it? b. amendment/repeal of laws
If your honest answers in all three questions are in the c. changeinjurisprudence
affirmative, then you can safely say that you are initially
d. weaker memory retention
mentally/intelloctually ready to prepare for the Bar exams.
The rest of tho required craft will just need further honing, e. loss of enthusiasm or interest

2 3
BAR REVIEW METHODS AND TECHNIQUES PREPARATION
C. Place and Method of Review

f. possibility of never .tajclng the Bar exams be- Will my limited finances·see me through the entire duration of
cause of anxiety and toss 9f confidence the review and exams?' Where will I stay? How much will it
cost? How long will I have to devote my time in attending a
g. prolonging your agony
review class? Considering travel time in attending review.class
in Manila, and the review schedule itself, will I still have time
C. Place and Method of Review
to review by myself at the end of the day? - These are the
questions I asked myself before deciding to stay put and forego
"Our goals can only be reached through a vehicle the opportunity to do what most of my peers did - review in
ofa plan, in which we must fervently believe and upon Manila - my confidence sank. I must admit that that was a
which we must vigorously act. There is no other route." very tough and risky decision.
- Stephen A. Brennan
The next decision one has to make is whether to enroll in
The questions of where and how to review are also crucial: a review school or not. Attending a review school will give you
the initial kick in your review and guidance throughout. A
1. If you are from the province, will you opt to
review class that will give you a confimratfon of what you
review in Manila or would you rather stay?
reviewed and learned will be a great encouragement.. Most
2. If you opted to stay in the province, will you importantly, updates in jurisprudence will be empha~ized. It
review at home or do you feel the need to stay must be admitted, however, that 'it is impossible to rely on
away and isolate? review lectures alone and adopt them as your full-blown review
- that will be suicide. Reviewees will need to have ample time
3. Will you attend a formal review class or not?
to review alone and concentrate on their readings for better
4. Is it advisable to review alone or have a review assimilation. On the other hand, not enrolling in a review class
buddy? will give you all the time to read since you need no longer
5. Will you take a pre-week review class or prepare for, travel and attend lectures. Likewise, you will be
undertake a self-review? saving so much from the expensive review fee. Nevertheless,
for one who prefers to undertake a self-review, a strong self-
Most if not all prospective Bar examinees dream of control and discipline is a must since this time, you alone will
reviewing in the most prestigious review schools in Manila as call the shots. You have to budget your time depending on your
we are quite aware that this would be a leverage. Still, the comprehension ability. Thus, unless you are truly honest in
decision cannot be made solely on the basis of the reputation your self-assessment and exacting in your review schedule and
of the review schools. You have to weigh your finances, time targets, the result will be disastrous. Another uncertainty in
constraints, convenience, comfort and confidence in coming up
with the decision on where to review.
case of self-review is not getting any confirmation on the
matters you have reviewed. Updates may likewise be very
In my case, I initially wanted to review at UP Diliman difficult to secure if you are in complete isolation.
but I needed to think twice for several reasons. The thought of Based on such premises, I thought that I could not
leaving my fomily, especially my daughter, raised some exclusively adopt one or the other. Therefore, a combination of
anxieties. How often will I need to visit them? Will I be able to attendance to a review class and a self-review is the most ideal,
concentrate in my rovicw thinking about how my family is?
5
BAR REVIEW METHODS AND TECHNIQUES PREPARATION
C. Place and Method of Review

that is, you attend a review dass 'yet devote a great deal of ticklish points and important cases or jurisprudence.
time for your readings. With regard to choosing a review school, Confirmation is easier. Reminders and emphases can be shared.
the competence and credentials of the reviewer-lecturers are By discussion, one tends to absorb data more effectively and
important factors. You should likewise find out what the review remember them readily. An added advantage is that the two
class schedule would be - daily (whole or half)? or on of you take turns in pacing each other in your readings to be
weekends? able to stick to the schedule. Likewise, when your reading
momentum starts to wane, one will act as a stimulus or an
Together with my friend and review buddy, I was
encouragement to the other. Most importantly, to have someone
fortunate to learn that a bar review group from Manila has
is better than being afone when it comes to trying to maintain
decided to undertake a review program in San Fernando City,
your sanity. A caveat, however, is that these apparent
La Union, on weekends (Fridays-Saturdays). We thought that
advantages should not force you to find just anybody to review
it would be best for us to undertake a self-review from Monday
with. Chemistry with your potential review buddy is a must!
to Thursday then attend the review lectures on weekends.
So if you are one who is effective in studying alone, then you
The review group consisted of prominent and competent
are better off doing it alone.
Bar reviewers, hence, we felt some sense of security. Based
on such arrangement, my friend and I also decided that Finally, the whole month of September raises another big
although we have stayed in Baguio City, we needed to stay issue. Will I take a pre-week review class or not? I tried to get
away from our respective homes and detach ourselves a survey on this very important question but the advices were
from the household. Accordingly, we isolated ourselves and divided - "Pre-week review classes are important and more
rented a place as our review haven. Four days self-review in critical than the comprehensive review." or, "I reviewed by
isolation, three days for review classes and as a bonus, a half- myselfl" or, "She reviewed for one year and she landed in
day break any given Monday to visit our families as we felt number ten!" This just proves one thing - it is your call -
the need. assess yourself and decide in favor of that which you feel you
will be most comfortable and effective with. One thing may
To get acquainted with the examination venue, we
work well for Juana but not for Juan, hence, your pick! It is a
transferred to Manila as early as August 15, 1998. A good
given that most reviewees attend pre-week review classes to
pampering from that time on until the last examination day
gain more confidence, to boost their morale and to get last
is most helpful, thus, a comfortable and convenient place to
minute confirmation, lectures and tips. I also wanted that
stay is a must. In our case, we stayed at Pope Pius, Manila,
during my time but I chose to undertake the pre-week review
near De La Salle University, the Bar exam site. The place
by myself, again, for the same reasons as in the comprehensive
has all the amenities necessary for our stay, and a Chapel
review - financial and time constraints. I felt I have learned
which any reviewee will absolutely need to visit as often as
enough in the comprehensive review and that I would absorb
possible.
more pre-week review items in my own pacing. I asked myself,
hi it better reviewing with a buddy? It will entirely depend "Will I learn something new?" The answer was no, since I will
on you. In my case, I was used to studying with my bestfriend hear the same things as in the comprehensive review but they
in luw school nnd we complemented each other perfectly so we will just be summarized and presented in a faster pace ...
chose to roviow together for the Bar exams. One benefit of everything will be the same, so I chose to use all the Bar pre-
having a rovitiw buddy is that you can discuss or argue about weeks reviewing alone.

6 7
BAR REVIEW METHODS AND TECHNIQUES PREPARATION
E. Review Materials

D. Physical Well-being 7. Try to stay away from bad habits.

"Men sana in corpore sano" - a sound mind in a sound Apart from the foregoing, I may say that a breath of
fresh air once in a while may be helpful. If you feel
body! That is a requirement since a very <lange~o':15 enemy
while preparing for and taking the Bar exams is illness or overburdened and already overwhelmed by your review, take
a little time out for yourself - remember - "All work and
sickness. no play makes Pedro a dull boy!"
While an illness or sickness may strike you anytime, you
can minimize if not prevent it by having an exercise regimen E. Review Materials
and taking vitamin supplements. With more reason that you
will need more of them when under mental stress and "Success is not a matter ofchance - it is a matter
psychological ordeal yet diminished physical acti~ty.. On ~he of choice. Success isn't something you hope happens.
other hand, I cannot vouch the effectiveness ofbram VItamms It is an achievement accomplished by consistent daily
because I did not take any. There is no substitute for a healthy preparation and commitment to a goal with a daily
diet and an ideal sleep. Remember, the Bar review and the plan ofaction." - Dave Dean
Bar exams do not mean the end of the world ... you must try
to enjoy them in order to be effective. One of the most critical aspects in your Bar preparation
In summary, these are the rules that may help a reviewee is the choice of review materials. It is but nattiral to get the
to be physically fit: feeling that we want to read every book, every handout and
every notes we find, but reality is that, the five (5) month-
1. Try to be conscious of the state of your heal~h review period available to us is not enough to re-read all
before the start of your review so that you will annotated law books, all review books or all hand-outs and
be able to take precautionary or corrective health notes in all eight Bar exam subjects. Therefore, it is advisable
measures. to be selective of your review materials. Obviously, practicality
2. A daily one-hour exercise is ideal. dictates that you should not go back to your textbooks,
otherwise, you should rethink if you are already prepared to
3. A regular good sleep is essential. Do not force take the Bar exams in a meager five months time. 'Tuxtbooks
yourself to extend review hours when you are may come in handy for reference purposes only. Here are the
already incapable. things that may be done in this aspect -
4. Do not forget proper personal hygiene. 1. To familiarize yourself on how the Bar exams
5. Continue taking your usual vitamin supple- is, go over compilations on Bar questions and
ments. If you had none and believe that you do suggested answers before you begin your review
not need them, maintain a good diet and proper.
consume a great deal of fluids - water, juice, 2. Read codal provisions in some Bar subjects as
milk and fruits. introduction to your comprehensive review
6. Keep first-aid medicines handy. (Civil Code, Family Code, Commercial Law,
Constitution).
8 9
BAR REVIEW METHODS AND TECHNIQUES PREPARATION
F. Timetable

3. At most, select two review books per Bar exam week. The result was impressive - easier recall without having
subject. As you may have already availed of some spent so much time and effort to memorize.
review books in law school, you may use such
experience as a gauge in picking out which to F. Timetable
utilize in the review. In case of new re~iew books,
take a good browse at their contents before "Timing is an essential ingredient in success:
choosing them. Your review books must being the right man, at the right time, at the right
complement each other. To avoid confusion and place." - Edwin Louis Cole
to ensure updates, it is advisable to secure the
"The greatest amount of wasted time is the time
latest editions. not getting started." - Dav.i d Trotman
4. Organize your review hand-outs, notes or
pamphlets. Classify them as to which will be part Take stock of the time available to you. If you start your
of the comprehensive review, the quick review review by mid-April, then your timetable should start on that
and pre-week review. month. A word of caution for those who have five or six months
to undertake the review, do not fall in a procrastination trap.
5. Get some compilations of Supreme Court
decisions (laid down up to the cut-off date for You may consider what an author once said , "One of the
the Bar exam coverage) and include them in your greatest enemies that we can face in life ... is the illusion that
there will be more time tomorrow than there is today." Every
readings during your comprehensive review.
day and every hour counts before and during the Bar exams
6. Voice recordings are h elpful in slack times. so you have to use your time effectively. Your schedule would
I would like to share my personal experience on the depend on the place and method of review you have adopted.
advantage I have derived from voice recordings. Early on, I In any case, quality time should be your target.
have admitted to myself that I cannot follow a review schedule Maybe you are curious on how one can review effectively
to the letter since I do not want to torture myself. In my law without spending so much time. Do not confuse flexibility or
studies, I slept when I felt the need and resumed studying leniency with negligence. For me, I may not have been so keen
after being refreshed - that was effective on me. The idea of on the time spent for daily review but I have set targets that I
recording came to mind out of a simple question: Why do people conditioned myself to achieve at a certain point. My friend and
memorize songs even without trying so hard to? The obvious I considered ourselves as prisoners on death row. We hang big-
answer was because they always hear them, thus, numbered t'alendars (from April to September) on the wall and
unconsciously retained them in memory. I recorded my own wrote our scheduled review subject for each day. Of course,
voice starting with the Lawyer's Oath, then the more the scope and weight of the subject were the primary bases of
significant provisions of the Constitution (including the our review schedule attribution. Then we marked the dates as
Preamble) and, eventually, those which I felt outstandingly they passed to warn us of the fleeting time and to remind us of
important to be worth being constantly reminded of. I listened the days left to judgment day! With the number of days
to the recordings while traveling, while doing chores and while scheduled for a particular subject, I organized and reconciled
dozing off nnd evon during nap/sleep. This went on in the pre- ull the materials I needed to review.

10 11
BAR REVIEW Mg'l'l-IOOS AND TECHNIQUES PREPARATION
F. Timetable

How do you divide the calendar days for your review? I - this is the best time to listen to your voice recordings.
have divided mine to cover three review components: a Likewise, if you sense that you are no longer absorbing
comprehensive review, a quick review and the pre-week review. anything while you are studying, take a break. Do something
different. Otherwise, if you force yourself to read just to be
The comprehensive review covers Mid-April to July, which able to at tam your target of reading hours per day, you will be
is approximately 107 days. If you deduct the number of ~ays fooling yourself. The most you will get is a false sense of security
intended for the review classes (in case of weekend review), and, if the practice continues, it may be too late to realize that
which is around 42 days, you will have 65 days for your you have not learned anything. Again, what you should strive
readings. In my case, I arranged my review subjects in the for is the quality of your review, not the quantity of hours you
same order as the Bar exam schedule. By the end of July, you have spent reviewing.
would have separated the chaffs from the grains and have
already marked the important points or areas you will focus On the other hand, I can still vividly remember what our
on for another reading, which we will call the quick review. lecturer in Bar Techniques shared with us in case of a daily
This is when the importance of the whole month of August half-day review class schedule: Adopt a daily schedule where
comes to the fore. For your quick review, reverse your schedule every minute counts. The day starts at 5:00 a.m. as wake up
and begin with the last Bar exam subject which is Legal Ethics time; exercise and breakfast for 15 minutes each; review-
and Practical Exercises and work your way back to Political reading for one hour; reading newspaper, personal hygiene and
and International Law. By t he first pre-week, wha t you have preparations for 30 minutes (time relative); one hour travel to
read in Political and Interna tional Law and Labor Law and review school (time relative); 8:00 a.m. to 12:00 noon - review
Social Legislation will be fresh in your mind. I found this very class; two 15-minute breaks in the afternoon; lunch and dinner
convenient and effective. take an hour each; and the rest of the time shall be devoted for
review until about 10:00 p.m., sleeping time. I have particularly
After the macro planning, the next important part of your noted the suggestions that a nap is a no-no; music, television
Bar review timetable is preparing a daily schedule to GUIDE and the like are prohibited; visitors and breaks are scheduled
you. Your schedule will serve as your standard but keep it to almost nil; and the reviewee should not lie down while
flexible as necessary. 'lb illustrate, you can set a time for waking reading but should sit on an uncomfortable chair so as not to
up every morning everyday but do not force yourself to wake feel sleepy.
up at the time set when you stayed late the night before. In
What a torture! I thought it was too impossible for me to
contrast, you may have set a specific time to sleep but ~ou
cope with that schedule since I was so used to studying lying
may still review beyond that if you are still capable. lmagme
down, hence, sitting down was out of the question. Likewise, I
forcing yourself to wake up or sleep just because your schedule
could not bear waking up before sunrise because I am a late
dictates so! Remember, your target is quality time not the
sleeper. Therefore, I decided that I have to adopt my own
number of hours you spent reading.
schedule - wake up, eat, read, exercise, sleep, anytime when
lndccd, the major component of your daily review schedule I felt like it. I reviewed lying down. Obviously, the scheme may
is the number of hours you will set for your readings. The more be considered as risky but I felt most comfortable with it and
you rcud nnd understand, the greater leverage you will earn. to compensate, I set targets upon myself. My schedule was
However, onct• you f'l'el really sleepy while reading, to the extent more concentrated on targets that I painstakingly worked for
that you urn 11i11mrhi11~ nothing, take time to get a quick nap to achieve and I let t.lw t.i me flex with them.

12 13
BAR REVIEW METHODS AND TECHNIQUES
PREPARATION
F. Timetable
To illustrate my review system, ifl allotted two weeks for
my review in Political and International Law, I would give one 8:31-10:00 - review (l·hour, 30 minutes)
day for reading the codal provisions, three days for the reviewer 10:01 - sleep
in Political Law by one author, three days for another reviewer,
one day for a reviewer in International Law and so forth. I TOTAL REVIEW HOURS- 18 HOURS
was not too conscious of the time I utilized for review in a day
but I strictly saw to it that I finished the review target I set for REMINDERS:
a particular period and of course, with quality. > lµview using a table and an uncomfortable chair so that
For better reference, a usual review schedule is hereunder you are always alert
presented as a standard schedule of review vis-a-vis the > Never lie down while reviewing to avoid getting sleepy
schedule I used as I deemed convenient and effective.
> No music I no interruptions

STANDARD SCHEDULE NOTE: Some reviewee-examinees adopted this kind ofschedule


and it worked well on them.
ATTEND DAILY REVIEW CLASS (usually half-day)

"God has given me this day to take as I will .... AUTHOR'S SCBEDVLE
What I do today is important because I am exchanging ATTEND WEEKEND REVIEW SESSIONS (whole day)
a day of my life for it!" - Dr. Heartsill Wilson

5:00 a .m. - wakeup "When life throws you lemons, make lemonade."'
5:01-5:15 - exercise (15 minutes) -Author unknown
5:16-5:30 - breakfast (15 minutes)
5:31-6:30 - review ( 1 hour) 1. COMPREHENSIVE REVIEW (APRD.. TO JULY)
6:31-7:00 - news, personal hygiene and preparations (30
minutes - relative) · Wake-up - anytime
7:01-8:00 travel to review school (1 hour - relative) Eat - anytime
8:01-12:00 nn. review class (4 hours) Exercise - anytime
12:01-1:00 p.m. - travel and lunch (1 hour) Review - anytime
1:01-1:15 - rest, no nap (15 minutes) Sleep - anytime
1:16-3:30 - review (2 hours, 45 minutes) Take a break/go out - once in a while - the Bar
review and exams do not
3:31-3:45 - snacks and rest, no nap (15 minutes)
mean the end of your social
3:46-7:30 - review (3 hours, 45 minutes) life
7:31-8:30 - dinner (1 hour) Pray - always
14
15
BAR REVIEW METHODS AND TECHNIQUES PREPARATION
F. Timetable
REVIEW CALENDAR, -, I
pre-week review class and listen to the same lectures
a. 1st-3rd day - subject according to Bar exam I have already heard but now in a faster pace. Last
schedule minute lectures and tips are no longer necessary if
you have prepared well.
b. 4th-5th day - subjects that will be discussed in
your weekend review lecture - b. What to Study
complementary
)> Pre-week notes
c. lecture days - lecture subjects - complemen-
)> Hand-outs/summaries
tary
)> Important codal provisions
REMINDERS: )> Short pre-week reviewers
)> Adopt a schedule that suits you most. )> Voice recordings in slack or rest time
)> You may adopt a flexible schedule but see to it that c. Pre-week Tips
your targets are accomplished.
)> Don't forget to pray
)> Forcing yourself to adopt a schedule that you ~re not
comfortable with means useless efforts. )> Find the most comfortable place to stay for the
pre-week. Pamper yourself at this time in
)> While on travel or before and during naps and at preparation for the rigors of the Bar exams
bedtime, listen to recorded notes and legal provisions.
)> At this time, the review of all topics should have
2. QUICK REVIEW (AUGUST) been fully undertaken. The pre-week is merely
for emphasis or as an exercise of your mental .
At this stage, reverse your Bar exam subject schedule. preparedness for the Bar exams. Nothing should
Start with Legal Ethics and Practical Exercises. By end be reviewed for the first time at this point
ofAugust, your memory of the topics on the 1st Bar exam
subject (Political and International Law) is sharper. )> Do not rely merely on tips or hopes of leakage
)> Relax, do not cram
3. PRE-WEEK (SEPTEMBER)
)> Try to establish an earlier (your normal) sleeping
a. Attend Pre-week Review Class or Not habit at this point in preparation for the exams
The decision is yours and will again depend on
where you will be effective. In my case, I decided EVES OF EXAMINATION DAYS (SATURDAYS OF
against attending a pre-week review class since I SEPTEMBER)
already had all the necessary materials, and time is
running out. So, I thought of making better use of "There is no advancement to him who stands
t.hu pre-week on my own rather than sit down in a trembling because he cannot see the end from the
beginninf{.11
E.J. Klemme
-

16 17
BAR REVIEW METHODS AND TECHNIQUES PREPARATION
F. Timetable

Almost always, the worst time for a Bar examinee is the • Don't force yourself to study if you can no longer assimilate
eve of the first Sunday examination. It seems that all the what you are reading just for the sake of convincing
anxieties, pressures and insecurities that have been building yourself or anyone that you have spent long hours in your
up during the five or more months of your review con·1erge on review. Waste of time and effort!
this day. A feeling of restlessness starts to erode the confidence • Don't be too lenient on yourself to the point of negligence,
that you have gained during the review. Do not panic! This is but don't be too harsh either. Make an effort depending
natural. Just think that all other examinees are going through on your capacity and capability.
the same adversity. There is no use cramming at this point.
N-0rmally, the mornings of Saturdays are set aside for Bar • Don't entertain anxiety, pressures and tensions. Relax.
Operations. This may be most psychologically helpful to feel Negative emotions will do you no good!
the support of your School, professors, family and friends. Bar • Don't just read. Understand! Never leave any topic without
Ops lectures are given and may serve as last minute confirmation understanding it.
of the most significant topics of the scheduled Bar exam subjects.
On the other hand, should you choos.e not to attend the Bar • Don't leave any doubt or query unanswered. Research.
Ops, the Saturday mornings may be spent for last-minute review. Ask lecturers, lawyers or other reviewees.

In the afternoon, organize what you need to bring for the • Don't leave any topic unattended. You can read minor
examination the next day. Ch~ck your identification cards and topics once but with comprehension of the basics there-
exam permit. Prepare your pens and all others that you need of.
to bring for the examination and secure them in one bag. Do • Don't mechanically memorize. Understand what you have
not forget your water, fin~t-aid medicines and something to read or reviewed for easier recall.
munch just in case. After all such preparations, it is your time
• Don't attempt to read all books. Be selective and critical
to truly relax. Do other things. Ta ke a stroll or go to the mall
of your review materials. Others can be used only as
(as I did during my time) or watch a movie, but go to bed at the
references.
usual time you have adopted during the pre-week. Do not sleep
too early or too late as this will affect your wake up time in • Don't hesitate to skip a review class if you think you cannot
your most important day. For sure, it will be a long night as learn anything more from it. In this case, just get the hand-
you battle yourself to sleep but you have no other choice but to outs and read the scheduled lecture topic by yourself.
get yourself a good sleep. A glass of warm milk might help. Otherwise, waste of time!
Before ending this topic on preparation, the Dos and Don'ts
in Bar preparation may be summarized as follows:

• Pray. There is nothing more comforting than the power of


DON'Ts
prayer.
• Don't. force yourself to adopt a review method that you • Review for as long as you can comprehend. When you read,
an• not. com fort.able with. Otherwise, you will not be try to translate and digest the data in your own way, the
efft•di VI' best way you cun. This will help you remember.

18 L9
BAR REVlEW METHODS AND TECHNIQUES

• Start your review by reading compilations of Bar


examination questions and suggested answers, then codal
provisions, then reviewers, and finally summaries and
mnemonics. Refer to annotated textbooks as may be EXAMINATION DAY
necessary.
• Record important provisions, doctrines and quick notes
and listen to them in your slack times. Listen to the "Sometimes a winner is just a dreamer who never
recordings, as often and as many times per recording as gave up." -Author unkrwwn
possible, when you are not reading or while resting,
traveling or doing other chores, and before going to sleep. The Bar examination days are the four Sundays of
Sleep on it. Without knowing it, you have retained them. September and would cover the following subjects:
Record by subject. They will come in handy during the
Weight
pre-week.
1st Sunday - Political and International Law 15%
• Take down important notes that you will read during the
pre-week (pre-week notes). Labor and Social Legislation 10%
• Research latest jurisprudence (up to the cut-off date of 2nd Sunday - Civil Law 15%
the Bar exam coverage) and digest them yourself. Taxation 10%
Concentrate on rulings. They can form part of your pre-
week notes. 3rd Sunday - Mercantile Law 15%
• Mnemonics will help. Posting of notes on walls may be Criminal Law 10%
helpful too but don't overdo it. 4th Sunday - Remedial Law 20%
• Try to recall what you have reviewed even while doing Legal Ethics and Practical Exercises 5%
other chores.
Total 100%
• Practice neat and legible penmanship. Do this while taking
down your pre-week notes. Ti.me: Morning- 8:00 a.m. to 12:00 noon (4 hours)
• Try to secure review materials and hand-outs from Afternoon-2:00 p.m. to 5:00 p .m. (8 hours)
different law review schools.
• Give yourself some time to rest. a SUNDAY SCHEDULE
• Be knowledgeable of the news! Read the papers. Some
questions are derived from latest issues. Saturday preparations - Examination materials
Snacks I lunch
Medicines and medications
Tissue paper

20 21
BAR REVIEW METHODS AND TECHNIQUES EXAMINATION DAY
What to Do

Cellphones/pagers (not a WHATTODO


allowed inside
the exam venue) Once you are inside the examination room, try to relax.
Codes There is nothing more to be done but to try your best. When
the questionnaires have been distributed and you are
Saturday sleep - normal sleeping habit instructed to start answering, take a quick browse at your set
during the week so you can have an overview of the length of the examination,
Sunday the length of each question or case problem, and the number
of questions and sub-questions. Budget your time since you do
4:30 a.m. - wake up, PRAY not have much. This will help you to avoid cramming for your
4:31-5:00 - breakfast, you should eat, but answers when you realize belatedly that you have less time
moderately left to cover the rest of the questions. Since you are allowed to
5:01-6:00 - personal preparations write on the questionnaire, you can mark a certain point thereof
* use your most comfortable that will be your time guide, e.g., mark the mid-way of the
clothes questionnaire w~th "10:00 a.m." to remind you that by that
* bring jacket (exam rooms time, you should already be at that point in the examination.
are air-conditioned) So what will help you in'budgeting your time? Concise
6:01-7:00 - to venue- La Salle, Taft Avenue, answers will do. Answer directly and as simply as possible.
Manila Limit your answer to a simple question within one page as
7:01 - 7:30 • to examination room may be practicable.~ you are reading each question, mentally
7:45 - first bell I PRAY take note of your probable answers. If the question involves a
8:00 - second bell. Your proctors/ · case problem, picture the problem and try to formulate your
watchers will instruct you answer as you read through. You need to do that, as you will
to start answering obviously read the questions more than once, hence, taking
8:00 - 12:00 - examination proper much of your limited time.
12:00 - 1:00 p.m. - lunch If you are done answering the questionnaire, do not be in
1:01-1:30 - go back to examination room, a hurry to submit your notebook (with the questionnaire). Use
PRAY your remaining time wisely. There is no reward for finishing
1:45 - first bell the examination ahead of the others, rather, you should bear
2:00 - second bell. Start ofexamination in mind that the four or three hours allotted for the examination
are the only chances you have got. This is crucial for it will
2:00-5:00 - examination proper make or break you in your pursuit to become a lawyer.
Thus, after you have finished answering all the questions,
The foregoing schedule may be used as your guide. review your answers. Start by checking if you ha.ve answered
Nevertheless, feel free to adopt your own schedule as you see every question and sub-question. In my time, while I was
fit.
. reviewing my answers, I discovered that I missed one s ub-

22 23
EXAMINATION DAY
BAR REVIEW METHODS AND TECHNIQUES
Answering Bar Questions

c..iestion. Had I not checked my ·answers, I wo~dn't have 'Master, when I an;i. smpking in the garden, is it all right if I
meditat~?' and he said. 'Certainly.'" (Traditional Buddhist
topped the Bar! So go over your answers one by on_e; check
your grammar and spelling. Nothing is more abhorring to the Tale)
examiner than a misspelled word or a crooked simple sentence The story is a simple illustration of how you can be
- this is not an acceptable image of a lawyer to be! persuasive in your statements ... how you can get what you
After every examination, never ever attempt to open your want by saying the right words and saying them right ... and
notes or books and check whether or not you have answered it shows how the same set ofwords when presented differently
the questions correctly. Do not discuss your answers with will have different meanings and would produce different
anyone. There is no point in confirming your answers but the reactions and results.
worst is, you might find out that you answered incorrectly and Answering a Bar examination question is an art in itself.
that will affect your preparation and performance in the next The issue often overlooked by law students and Bar examinees
sets of examination. What you have already written can no is how to present their answers. The presentation ofan answer,
longer be unwritten and there is nothing more that can be whether substantively correct or not, will spell a lot of
done. difference. Your answer must not only be responsive but shoulg
be concise as well. As early a~ my first year in law school, I
a ANSWERING BAR QUESTIONS realized that when I started adopting a simple and concise
method ofanswering test questions, my performance improved.
I read a story which is a good example of the power of Tnis just establishes that it would be a distinct advantage for
playing with words. It is about two monks who usually stroll law students to develop the proper method of answering
along the garden of the monastery. One day as they were questions at such early stage. Of course, you need to study to
walking along a wooded path, one of the monks asked the other be able to answer correctly, but all things equal, I felt the
if he thought it would be a pleasant experience to have a following answer formats gave me the edge in every
cigarette as they took their walk. The other agreed, but they examination, including the Bar exams:
decided they should ask the master of the monastery for his
permission. The next day, as they came out for their walk, one I. ENUMERATION OR DISTINCTIONS: (Question
of the monks was smoking a cigarette and the other was not. No. IV[l], 1998 Bar Examination in Criminal Law)
"We agreed to ask the master," said the monk not smoking.
Distinguish between justifying and exempting
"That is so, and I did," replied the other. circumstances. (3%)
"I asked for permission to smoke and was refused." • ANSWER FORMAT: aifted from the Author's actual
"How did you ask?" answers)
"I approached the master and said, 'Master, when I am Always introduce your enumeration or distinctions.
walking and meditating in the garden, is it all right if I smoke Use appropriate punctuation marks.
a cignrcito?' nnd he said, 'Absolutely not!'" e.g., Justifying circumstances may be distinguished
"You sou, my brother, it is in the asking of the question from exempting circumstances as follows:
that you wort• rnf111~cd . I approached the master and said,
24 25
BAR REVIEW METHODS AND TECHNIQUES EXAMINATION DAY
Answering Bar Questions

1. In the former, there is.-ne#her a crime committed 2. The second·paragraph is a citation of the applic-
nor a criminal because the acts therein are legally able law or jurisprudence or both.
justified, while in the latter, there is a crime
e.g., *It is provided for under the Labor Code of
committed but there is no criminal because the
the PhiliQPines. that to be considered a handi-
law excuses the offender from liability therefor;
capped worker, the physical deficiencies or defor-
and
mities ofa worker must adversely affect or impair
2. Since there is no crime nor a criminal in the his working ability or capacity in relation to his
former, civil liability does not also attach to the assigned job. In this case, the law allows the
offender, except in case of a state of necessity payment ofa wage ofat least seventy-five percent
where the party benefited should indemnify the (75%) of the applicable daily minimum wage.
person injured, while in the latter, although
3. The third paragraph is the application ofthe law
criminal liability is excused, civil liability
on the facts.
attaches to the offender because of the fact that a
crime has been committed. e.g., In the case at bar, the deficiency ofthe lady
worker is unrelated to or does not impair her
II. SIMPLE CASE PROBLEM: (Question No. III, 1998 ability in the performance of her assigned job.
Bar Examination in Labor and Social Legislation)
4. The fourth paragraph roay be your conclusion.
A lady worker was born with a physical deformity, (optional or this may form part of the third
specifically, hard of henring, speech impaired and color paragraph)
blind. However, these deficiencies do not impair her e.g., Therefore, she should not be classified as
working ability. handicapped worker and should be entitled to
Can the employer classify the lady worker as a the full applicable daily minimum wage.
handicapped worker so that her daily wage will only be
seventy-five percent (75%) of the applicable daily ill. CASE PROBLEM CALLING FORA QUALIFIED
minimum wage? (5%) ANSWER: (Question No. X, 1998 Bar Examination
in Criminal Law)
• ANSWER FORMAT: (lifted from the Author's actual
Manny killed his wife under exceptional circums-
answers)
tances and was sentenced by the Regional Trial Court of
1. Start with the first paragraph stating your Dagupan City to suffer the penalty of destierro during
categorical answer to the question, i.e., Yes/No/I which he was not to enter the city.
distinguish/I qualify, completed by the issue in 1
Did Manny commit any crime? (3%)
the question.
2. If so, where should he be.prosecuted? (2%)
e.g., No. The employer cannot classify the lady
worker as a handicapped worker in the case at *Note: The better phrase should have been either "According to the
bar. law," or "The law provides,"

26 27
• ALTERNATIVE ANSWER FORMAT: aifted from 3. Knowledge of the law and jurisprudence;
the Author's actual answers)
4. Logic and reasoning ability;
1. The first paragraph contains the statement that
there are different views applicable to the case. 5. Art of Persuasion;
e.g., There liave been different views as regards 6. Responsiveness;
the imposition of the penalty of destierro upon 7. Clarity;
the offender who killed his spouse under
exceptional circumstances. 8. Brevity; and
2. The second paragraph will present the first view. 9. Neatness of presentation.
e.g., Firstly, the imposition of destierro under 0 EXAMINATION TIPS
such a case should not be regarded as a penalty
to the offender. It has been submitted that the "The only thing that stands between a man and what he
same is merely for the protection of the convicted wants from life is often merely the will to try it and the faith to
offender against possible retaliatory acts of the believe that it is possible." - Richard M. Devos
relatives of his victim. In this case, therefore,
Manny cannot be said to have committed a crime. • PRAY lik~ you have never prayed before.

3. The third paragraph will present the other view, • RELAX. Entertaining pressures and tension will be
usually that which is most accepted or that with of no help. Think that this is it and there is nothing
which you concur. more to do but to try your best.
e.g., On the other hand, where it would be consi- • Never ever think of cheating.
dered tliat the destierro imposed is a penalty, • Take a quick browse at your questionnaire to have
which is clearly provided in the law without any an overview of the length of each question, the
qualification, Manny committed the crime of number of questions and sub-questions but do not
evasion of service of sent.ence since he entered concentrate on the details as yet. (The proctor or
within the prescribed area of his banishment. watcher will instruc~ your group to count the pages
4. The fourth paragraph will indicate to which view of the questionnaire - this is the time for your quick
you subscribe. (this may form part of the third browse.)
paragraph) • Budget your time according to the number of
e.g., I subscribe to the second view. q uestions and length of problems. Check the
percentage allocation for each question. This will not
In sum, the following attributes are what a Bar examiner only help you to budget your time but also give you a
looks for in the answers of future lawyers:
cue on how difficult or intricate a problem is, hence,
1. Correct appreciation of facts; warning you to be very careful with your answer.
2. Abili ty to identify the issue/s; • Reserve some time to review your answers.
28 29
BAR REVIEW METHODS AND TECHNIQUES EXAMINATION DAY
Examination Tips

Analysis of available ·time as benchmark for unless your answer is ve:i;y short, so that in case you
• want to change any answer or if you have missed a
an swering each question:
sub-question, you can still insert your answer in the
*4-hour examination with 15 questions= 16 remaining spaces of the page.
minutes each
question • Suggested answer format:
20 questions = 12 1st paragraph: Start with categorical answer
minutes each - Yes/No/I distinguish/I qualify ... completed
question by the issue in question
*3-hour examination with 15questions=12 2nd paragraph : Cite the applicable law or
minutes each jurisprudence or both
question 3rd paragraph: Apply the law/jurisprudence on
20 questions =9 the facts
minutes each 4th paragraph: Conclude (optional or may form
question pa.rt of the third paragraph)
• Read instructions carefully. Read each question
carefully.
• Use logic or common sense when you do not know
the answer. Ask the question, "What is the best
While reading a question or case problem, analyze solution or resolution for this case?" or "If I were
• and start formulating your answers. If you do this, it the examiner, how do I want the question
will be easier and faster for you to write your answers answered?" Do not just guess, make a smart guess.
since you are already guided by your earlier analysis. Your best guide is to think what is most just and
It will also minimize errors and erasures. equitable since these are the purposes any law seeks
to achieve.
• Be concise and responsive (brief but complete) in your
answers. Try to contain your answer to a simple • If you really have no idea on how to answer a really
difficult question, or a borderline case, or you do not
question or sub-question in one page. Nevertheless,
if you have more ideas that you believe will know what the answer is, the use ofinverted pyramid
supplement your answer, do not hesitate to add them of answering question may be helpful. This may be
but just see to it that whatever you write is worth done by inverting the usual answer format. Initially,
reading. Otherwise, better stop. "Less talk, less present your knowledge of the law and/or juris-
mistakes." prudence, then make your smart guess. With this,
An answer to one question in one problem requires a you may be able to show or convince the examiner
• that you know something about the issue but you
separate page. Answers to sub-questions may be
presented continuously in a page separated by were merely incorrect in your conclusion.
spoce/s. It is suggested, however, that even answers • Be careful of the dates indicated in a question or
to Bub-questions be presented on separate pages, case problem os they will determine what law or
30 31
BAR REVIEW METHODS AND TECHNIQUES EXAMINATION DAY
After the Examination/s
jurisprudence is applicable. If the problem is silent Otherwise, it would be very difficult to estimate the
on the date, the assumption is the present date. pages of the notebook that you need to skip.
• Avoid contractions. • Immediately after answering every question, make
• Be very sensitive of catchy, leading and misleading a quick review. Check the spelling, grammar and flow
questions. If a question seems too easy, save ii:1" cases of thoughts/ideas so you can immediately effect
of theories, think twice - read between the Imes. corrections, thus, prevent shortage of space.
• After finishing with the last question, review all your
a BAR EXAM NOTEBOOK (for answers) answers again . Check if you have covered all
questions.
• Begin answering on the page indicated .
• Check if you have completely complied with all the
• When necessary, seek clarifications from the proctor
instructions and requirements before submitting your
or watcher, never from your seatmates.
notebook and before leaving the examination room.
• Answer neatly and legibly. Observe margins (do not
fold for margins). Erase with one horizontal line no a AFTER THE EXAMINATION/$
matter how long the word, sentence or paragraph is.
Do not obliterate or cross them out. Avoid strike-overs. • It is not advisable to compute your possible marks in
every examination. One hundred percent (100%)
• Do not tear or fold any page.
should always be your target .
• Do not put or write any unwarranted mark or name
• Do not discuss your answers with other examinees
in your notebook as this will be considered as
marking. Do not underline or capitalize your writings or anybody. Do not compare your answers. Other-
wise -
for emphasis.
•!• During examination period - It will cause loss
• You can write or put marks on the questionnaire
of concentration due to worry or disappointment
unless told not to do so.
if you find out you have answered incorrectly.
• Leave a space between the paragraphs of your answer
•!• After the Bar exams - The waiting period will
for better presentation.
be a torture.
• Be careful with your numberings. Tick every question:
(in the questionnaire) which you have already
answered. As much as possible, try not to skip
questions as you might forget or fail to go back to
them. A good advice, however, is that you can skip on
the first batch of questions if you are not sure of your
answers until you come across a sure answer to build
up your confidence. A caveat, on the other hand, is
thu t. you hu vo t.o s tart within the first three questions.

32
SAMPLE BAR QUESTIONS AND ANSWERS (1998)
Political and International Law

SAMPLE 1998 BAR EXAMINATION QUESTIONS


AND AUTHOR'S ANSWERS

0 POLITICAL AND INTERNATIONAL LAW

Question No. I

The Department of National Defense entered into a


contract with Raintree Corporation for the supply of
ponchos to the Armed Forces of the Philippines (AFP),
stipulating that, in the event ofbreach, action may be filed
in the proper courts of Manila.
Suppose the AFP fails to pay for delivered ponchos,
where must Raintree Corporation file its claim? Why?
(10%)
BAR REViEW METHODS AND TECHNIQUES SAMPLE BAR QUESTIONS AND ANSWERS (1998)
Political and International Law
1. SAMPLE 1998 BAR EXAMINATION QUESTIONS
AND AUTHOR'S ANSWERS

D POLITICAL AND INTERNATIONAL LAW

Question No. YII

The poUce had suspicions that Juan Samson, member


of the subversive New Proletarian Army, was using the
mail for propaganda purposes in gaining new adherents
to its cause. The Chief of Police of Bantolan, Lanao del
Sur ordered the Postmaster of the town to intercept and
open all mail addressed to and coming from Juan Samson
in the interest ofthe national security. Was the order ofthe
Chief of Police valid? (5%)

_ _74_~ ~ ~ w~ ~11
~ #-p ~ ~'fl..t,~2~~-

39
BAR REVIEW METHODS AND TECHNIQUES SAMPLE BAR QUESTIONS AND ANSWERS (1998)
Labor and Social Legislation

SAMPLE 1998 BAR EXAMINATION QUESTIONS


AND AUTHOR'S ANSWERS

0 LABOR AND SOCIAL LEGISLATION

Question No. IX

The weekly work schedule ofa driver is as follows:


Monday, Wednesday, Friday - Drive the family car to
bring and fetch the children to and from school.
Tuesday, Thursday, Saturday - Drive the family van
~ · to fetch merchandise from suppliers and deliver the same
to a boutique in a mall owned by the family.
Is the driver a househelper? (3%)
The same driver claims that for work performed on
Tuesday, Thursday and Saturday, he should be paid the
minimum daily wage of a driver of a commercial
establishment.
Is the claim of the driver valid? (2%)

41
BAR REVIEW METHODS AND TECHNIQUES SAMPLE BAR QUESTIONS AND ANSWERS (1998)
Labor and Social Legislation

IX.
BAR REVIEW METHODS AND TECHNIQUES SAMPLE BAR QUESTIONS AND ANSWERS (1998)
Labor and Social Legislation

SAMPLE 1998 BAR EXAMINATION QUESTIONS


AND AUTHOR'S ANSWERS

CJ LABOR AND SOCIAL LEGISLATION

Question No. XI

A construction group hired Engineer "A" as a Project


Engineer in 1987. He was assigned to five (5) successive
separate projects. All five (5) Contracts of Employrrumt he
signed, specified the name ofthe project, its duration, and
the temporary-project nature of the engagement of his
services. Upon completion ofthe fifth (5th) project in August
1998, his services were terminated. He worked for a total
often (10) years (1987-1998) in the five (5) separate projects.
Six months a~er his separation, the Group won a bid
for a large construction project. The Group did not engage
the services of Engineer "A" as a Project Engineer for this
new project; instead, it engaged the services of Engineer
"B." Engineer "A" claims that by virtue ofthe nature ofhis
functions, i.e., Engineer in a Construction Group, and his
long years of service he had rendered to the Group, he is a
regular employee and not a project engineer at the time he
was first hired. Furthermore, the hiring of Engineer "B"
showed that there is a continuing need for his services.
Is the claim of Engineer '~"correct? (5%)
BAR REVIEW METHODS AND TECHNIQUES SAMPLE BAR QUESTIONS AND ANSWERS (1998)
Labor and Socia) Legislation

-xr.

~.
BAR Rr~vrnw METHODS AND TECHNIQUES SAMPLE BAR QUESTIONS AND ANSWERS (1998)
Civil Law

SAMPLE 1998 BAR EXAMINATION QUESTIONS


AND AUTHOR'S ANSWERS
]![.
D CIVILLAW
1.

Question No. III

Jaime, who is 65, and his son, Willy, who is 25, dkd
in a plane crash. There is no proof as to who died first.
Jaime's only surviving heir is his wife, Julia, who is also
Willy's mother. Willy's surviving heirs are his mother, Julia
and his wife, Wilma.
1. In the settlement of Jaime's estate, can Wilma
successfully claim that her. late husband, Willy had a
hereditary share since he was much younger than his father
and, therefore, should be presumed to have survived
longer? (3%)
2. Suppose Jaime had a life insurance policy with
his wife, Julia, and his son, Willy, as the beneficiarks.
Can Wilma successfully claim that one-halfofthe proceeds
should belong to Willy's estate? (2)

48
BAR REVIEW METHODS AND TECHNIQUES SAMPLE BAR QUESTIONS AND ANSWERS (1998)
Civil Law
BAR REVJJ<;W METHODS AND TECHNIQUES SAMPLE BAR QUESTIONS AND ANSWERS C1998)
Civil Law

SAMPLE 1998 BAR EXAMINATION QUESTIONS


AND AUTHOR'S ANSWERS ::1- •
0 CIVILLAW

Question No. V

In 1973, Mauricio, a Filipino pensioner of the U.S.


Government, contracted a bigamous marriage with
Erlinda, despite the fact that his first wife, Carol, was still
living. In 1975, Mauricio and Erlinda jointly bought a
parcel of riceland, with the title being placed jointly in
their names. Shortly thereafter, they purchased another
property (a house and lot) which was placed in her name
alone as buyer. In 1981, Mauricio died, and Carol promptly
filed an action against Erlinda to recover both the riceland
and the house and lot, claiming them to be conjugal
property of the first marriage. Erlinda contends that she
and the late Mauricio were co-owners of the riceland; and
with respect to the house and lot, she claims that she is the
exclusive owner. Assuming she fails to prove that she had
actually used her own money in either purchase, how would
you decide the case? (5%)

52

BAR REVIEW METHODS AND TECHNIQUES SAMPLE BAR QUESTIONS AND ANSWERS (1998)
Taxation

SAMPLE 1998 BAR EXAMINATION QUESTIONS


AND AUTHOR'S ANSWERS

0 TAXATION

Question No. IV

Arnold, who is single, cohabits with Vilma, who is


legally married to Zachary. Arnold and Vilma have six
minor children who live and depend upon Arnold for their
chief support. The children are not married and not
gain{ully employed.
1. For income tax purposes, may Arnold be
considered as "head ofa family?" (3%)
2. l s A rnold entitled to deduct from his gross
income, an additional exemption for each ofhis legitimate
children? (2%)

GG
SAMPLE BAR QUESTIONS AND ANSWERS (1998)
BAR REVIEW METHODS AND TECHNIQUES Taxation

·- - -- - - -

..f . ~ "D ~ ~'MJ:f~

Q-<. ~ ~ -w.J-.-0 ~
~~~t-Vv~~
BAR REVIEW METHODS AND TECHNIQUES
SAMPLE BAR QUESTIONS AND ANSWERS (1998)
Taxation

SAMPLE 1998 BAR EXAMINATION QUESTIONS


AND AUTHOR'S ANSWERS

U TAXATION

Question No. XIX

CFB Corporation, a domestic corporation engaged in


food processing and other allied actiuities, received a letter
from the BIR assessing it for delinquency income taxes.
CFB filed a letter ofprotest. One month after, a warrant of
distraint and levy was served on CFB Corporation.
If you were the lawyer engaged by CFB Corporation
to contest the assessment made by the BIR, what steps will
you take to protect your client? (5%)
~ (4) .

o9
BAR REVIEW METHODS AND TECHNIQUES SAMPLE BAR QUESTIONS AND ANSWERS (1998)

-XIX
Taxation
BAR REVIEW METHODS AND TECHNIQUES
SAMPLE BAR QUESTIONS AND ANSWERS (1998)
Mercantile Law

SAMPLE 1998 BAR EXAMINATION QUESTION~


AND AUTHOR'S ANSWERS

0 MERCANTILE LAW

Question No. II

X took a plane from Manila bound for Davao via Cebl.I


where there was a change of planes. X arrived in Davac
safely but to his dismay, his two suitcases were left behind
in Cebu. The airline company assuredX that the suitcases
would come in the next {Ught but they never did.
X claimed P2,000 for the loss of both suitcases, but
the airline was willing to pay only P500 because the airline
ticket stipulated that unless a higher value was declared,
any claim for loss cannot exceed P250 for each piece of
luggage. X however reasoned out that he did not .s ign the
stipulation and in fact had not even read it.
X did not declare a greater value despite the fact that
the clerk had called his attention to the stipulation in the
ticket. Decide the case. (5%)

R:I
SAMPLE BAR QUESTIONS AND ANSWERS (1998)
BAR REVIEW METHODS AND TECHNIQUES Mercantile Law

Ii .

:;;:;: -- . - '
*--~~, ~~~
~.
BAR REVIEW ME1'HODS AND TECHNIQUES SAMPL.E BAR QUESTIONS AND ANSWERS ( 1998)
Mercantile Law
SAMPLE 1998 BAR EXAMINATION QUESTIONS
AND AUTHOR'S ANSWERS
E.
D MERCANTILE LAW

Question No. IV

The Batong Bakal Corporation filed with the Board


of Energy an application for a Certificate of Public
Convenience for the purpose of supplying electric power
and lights to the factory and its employees living within
the compound. The application was opposed by the
Bulacan Electric Corporation, contending that the Batong
Bakal Corporation has not secured a franchise to operate
and maintain an electric plant.
Is the opposition's contention correct? (5%)

66
BAR REVIEW METHODS AND TECHNIQUES SAMPLE BAR QUESTIONS AND ANSWERS (1998)
Criminal Law

SAMPLE 1998 BAR EXAMINATION QUESTIONS


AND AUTHOR'S ANSWERS

O CRIMINAL LAW

Question No. III

On May 5, 1992, at about 6.·00 a.m., while Governor


Alegre ofLaguna was on board his car traveling along the
National Highway of Laguna, Joselito and Vicente shot
him on the head resulting in his instant death. A t that
time, Joselito and Vicente were members ofthe liquidation
squad of the New People's Army and they killed the
Governor upon orders of their senior officer, Commander
Tiago. According to J oselito and Vicente, they were ordered
to kill Governor A legre because of his corrupt practices.
Ifyou were the prosecutor, what crime will you charge
J oselito and Vicente? (5%)

69
BAR REVIEW METHODS AND TECHNIQUES SAMPLE BAR QUESTIONS AND ANSWERS (1998)
Criminal Law

7fi.

71
SAMPLE BAR QUESTIONS AND ANSWERS (1998)
BAR REVIEW METHODS AND TECHNIQUES Criminal Law

SAMPLE 1998 BAR EXAMINATION QUESTIONS


AND AUTHOR'S ANSWERS

0 CRIMINAL LAW

Question No. VII


King went to the house ofLaura who was alone. Laura
offered him a drink and afrer consuming three bottles of
beer, King made advances to her and with force and
violence, ravished her. Then King killed Laura and took
her jewelry.
Doming, King's adopted brother, learned a_bout the
incident. He went to Laura's house, hid her body, cleaned
everything and washed the bloodstains inside the room.
Later, King gave Jose, his Legitimate brother, one piece
ofjewelry belonging to Laura. Jose knew that the jew_elry
was taken from Laura but nonetheless he sold it for P2,000. ~ ·
What crime or crimes did King, Doming and Jose
commit? Discuss their criminal liabilities. (10%)

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72
BAR REVIEW METHODS AND TECHN IQUES SAMPLE BAR QUESTIONS AND ANSWERS (1998)
Criminal Law

~ .
BAR REVIEW METHODS AND TECHNIQUES
SAMPLE BAR QUESTIONS AND ANSWERS (1998)
Remedial Law

SAMPLE 1998 BAR EXAMINATION QUESTIONS


AND AUTHOR,S ANSWERS .

0 REMEDIALLAW

Question No. XI

A was arrested on the strength ofa warrant ofarrest


issued by the RTC in connection with an Inforniation for
Homicide. W, the liue-in partner of A filed a petition for
habeas corpus against A:S jailer and police investigators
with the Court ofAppeals.
1. Does W haue the personality to file the petition
for habeas corpus? (2%)
2. Is the petition tenable? (3%)

77
BAR REVIEW METHODS AND TECHNIQUES SAMPLE BAR QUESTIONS AND ANSWERS ( 1998)
Remedial Law

2[.
1.

~ .
SAMPLE 1998 BAR EXAMINATION QUESTIONS
AND AUTHOR'S ANSWERS

0 REMEDIAL LAW
f.
Question No. XIII

In an Information charging them for Murder,


policemen A, B and C were convicted of Homicide. A
appealed from the decision but Band C did not. B started
serving sentence but C escaped and is at large. In the Court
ofAppeals, A applied for bail but was denied. Finally, the
Court ofAppeals rendered a decision acquitting A on the
ground that the evidence pointed to the NPA as the killers
of the victim.
1. Was the Court of Appeals' denial of A's
application for bail proper? (2%)
2. Can B and C be benefited by the decision of the
Court ofAppeals? (3%)

80
BAR REVIEW METHODS AND TECHNIQUES
SAMPLE BAR QUESTIONS AND ANSWERS (1998)
Remedial Law

.e . .
SAMPLE BAR QUESTIONS AND ANSWERS (1998)
BAR REVIEW METHODS AND TECHNIQUES
Legal Ethics and Practical Exercises

SAMPLE 1998 BAR EXAMINATION QUESTIONS I


AND AUTHOR'S ANSWERS
0 LEGAL ETHICS AND PRACTICAL EXERCISES

Question No. I

Boy, armed with a knife had sex with Nelia, a


sixteen-year-old lass, through force and intimidation ~-
on May 1, 1998 in Bauan, Batangas. May the
Provincial Prosecutor ofBatangas file an information
of rape against Boy instead of a criminal complaint
to be signed by Nelia?
ls so, prepare the information complete with
caption.
If not, prepare the criminal complaint likewise
with complete caption to be signed by Nelia. In both
cases, exclude the certification. (10%)

84
BAR REVIEW METHODS AND TECHNIQUES SAMPLE BAR QUESTIONS AND ANSWERS (1998)
LegaJ Ethics and Practical Exercises

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BAR REVIEW METHODS AND TECHNIQUES SAMPLE BAR QUESTIONS AND ANSWERS (1998)
Legal Ethics and Practical Exercises

-.
SAMPLE 1998 BAR EXAMINATION QUESTIONS
AND AUTHOR'S ANSWERS -vrr
0 LEGAL ETHICS AND PRACTICAL EXERCISES

Question No. V
~ ·
A lawyer advertised in the newspaper the following.·
"Can secure annulment of your marrwge promptly.
Expert in legal separation cases. Consult anytime."
Is the advertisement proper? (5%)

88
~AA REVIEW METHODS AND TECHNIQUES

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