HOW TO ANSWER BAR EXAM ESSAY QUESTIONS IMPRESSIVELY

Sharing tips from my Criminal Law Professor Atty. Ruben C. Talampas, Jr.

HOW TO ANSWER BAR EXAM ESSAY QUESTIONS IMPRESSIVELY

By: Atty. Ruben C. Talampas, Jr.

The then Chairperson of the Committee on Bar Examinations, Madame Justice Ameurfina Melencio-
Hererra, submitted a report to the Philippine Supreme Court her observations on the 1980 bar exams.

According to her several examinees have made very unsatisfactory showing to such an extent that there
is one who obtained a grade as low as 7% another obtained a grade of 11%; still some others obtained
grades of 12%; 16%; 17%; 18%; 19%; 20%; 21%; 24%; 25%; 26%; 27%; 31%; 34%; etc.”

She pointed out the general weakness of the bar examinees. She said: “The reason for this high
mortality rate, may be attributed to several factors among them in the opinion of the undersigned, may
be due mainly to the following: . . . inadequate command of the English language”.

She further emphasized: “The examinees inhabiting the lowermost rungs of the grading scale
manifested not alone an appalling lack of knowledge of the fundamental principles involved in the
examination questions but also an inability to logically string their thoughts together compounded by an
almost incredible deficiency in language skills.”

It was less than 35 years ago but still her remarks seem to be true at present.

The following are actual questions and answers of some examinees which demonstrate their lack of
knowledge of the fundamental legal principles and inadequate command of the English language:

Question No. 6(b) – “An accused was found guilty of double murder and was meted out two sentences
of reclusion perpetua. How would the accused serve the sentences?”
Answer – “Both penalties must be served by the accused, and he was electrocuted and died then it
washes out the remaining sentence to served by the accused.”

Question No. 11. – “Patrolman Cruz, acting under orders of the Municipal Mayor, Who wanted to put a
stop to the frequent occurrence of robbery in Sitio Masukal, patrolled the place. At about midnight,
seeing three persons acting suspiciously in front of an uninhabited house and entering the same, he
arrested them without warrant and took them to the municipal building where they were detained in
jail for about five hours before they were released. Patrolman Cruz was accused of arbitrary detention. If
you were the Judge, would you convict him of the crime charged?”

Answer – “No. considering his possession as peace officer by the higher authority to patrol the place
where robbery are frequent. The one responsible for this is the Municipal Mayor who order without
warrant of arrest and the act of the patrolman are in good faith believing to be a robbery entering a
house. So the proper party liable is the Municipal Mayor.”

Question No. 17 – “AA” was the owner of a jeepney for hire. When his driver was hospitalized, he hired
“BB” as driver on a temporary basis and entrusted to him the vehicle for transporting passengers from
Quiapo to Baclaran with a compensation of P30.00 a day. “BB” never returned the vehicle and after
search the vehicle was found in Tarnate, Cavite, about to be sold. “BB” was charged with Qualified Theft
and was convicted. Appealing the judgment of conviction, defense counsel contends that “BB” may have
committed Estafa but not Qualified Theft on the theory that the possession of the vehicle was obtained
with the consent of “AA” the owner, and therefore, there was no illegal taking. Decide the case.”

Answer – “The defense counsel of the accused contention in untenable assuming now that there is no
illegal taking of the jeep from “AA”. The owner but “BB” a temporary driver hired by “AA” failure to
return the jeep such vehicle as now ready to be sold by “BB” have an intent to gain is theft cases as an
element.

Our aim, of course, is not to ridicule and immortalize these Bar answers. Our aim is to remedy,
correct, and supplement the aforesaid deficiencies for future bar takers so that they would not suffer
the same fate.
By far the most important tool that the bar candidate could equip himself with which to tackle the
examination that is inherently personal to him is command of written English. The examinee who has a
fairly good command of English, assuming that he is prepared in all other matters, stands definitely with
a much better chance of passing.

Not all the BAR tips I will be presenting here are mine. I believe they are the collective ideas of past
bar examinees, bar topnotchers, bar lecturers and law professors who want to share their experiences
and have the desire and concern to help future bar takers. I will try though to present these in a more
comprehensible and effective way.

A bar examinee’s answer should be a total “package”. Meaning, it contains all the necessary ingredients.
This is when the 4Ls come in: law, language, logic, and layout. His answer should be legible and neat
without the irritating erasures observing the proper margin and space between paragraphs with correct
composition, grammar and spelling coupled of course of the knowledge of the law principles and its
application to the given set of facts responsive to the issue or question at hand.

The examiner will be looking and expecting for the following from your answer:

Proper understanding and appreciation of the facts, particularly of the components or details that can
be material in resolving the given problem;
Appreciation of the applicable laws that may come into play;
Recognition of the issues posed;
Resolution of the issues through the analysis and application of the law to the given facts; and
Presentation and articulation of answer.
In essence, your answer should clearly indicate:
the relevant facts;
the applicable law;
your analysis; and
your conclusion.
To expound it further, a Bar examinee’s answer should clearly demonstrate:
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.

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:

Enumeration;
Distinction;
Definition;
Reason behind the law/concept/principle; and
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

The petition is meritorious.

The contention has legal basis.
The case will prosper.
The argument is proper.
The provision is perfectly applicable.
The action is tenable.
The motion should be granted.
The Judge is correct.
The petition is impressed with merit.
Yes. It is a (i.e. patent violation) of the
There is merit in the petition.
The petitioner’s contention is sustainable.

ANSWERING IN THE NEGATIVE

The decision is not in accord with law and jurisprudence.
The decision is erroneous.
The contention is totally misplaced.
The doctrine of….. does not apply in this case.
The petition is not meritorious.
The evidence presented deserves scant consideration.
The contention has no legal basis.
The argument is bereft of merit.
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.

It is a futile gesture on the part of the respondent to invoke the rule on…
The theory/argument has no ground to stand upon.
The contention has no leg with which to stand on.
The position of the petitioner runs counter with the doctrine of…
The case will not prosper.
The case is not tenable.
The act of the accused in… is of no moment.
The assertion lacks substance.
The (i.e. respondent) cannot rely on (i.e. mere alibis) to aid his cause.
The court cannot countenance the (i.e. inconsistent postures of the petitioner)
The testimony that…, cannot be given credence.
The evidence presented has no probative value.
The allegation is belied by the fact that…
To put it otherwise would be to render the law on _____________
useless/futile.

The actuations of the accused in (i.e. fleeing and hiding) negates (i.e.
innocence)

While it is true that _______________ is a (i.e. constitutional guaranteed right

of a person), it does not, however mean…

It is not correct to say that…

It is not proper to state that…
It is not accurate to conclude outright that…
A contrary conclusion would erode the rule that provides in part that…
To sustain the contention would be to render the law on ____________
nugatory.
It would be absurd and incongruous to sustain the argument that…
It is not enough that…
The fact that … is immaterial since…
The fact that … is irrelevant since…
In itself, mere …… is not sufficient (i.e. to warrant conviction)….
The petitioner cannot give any additional meaning to the clear and plain
language of the law.

The Supreme Court, in several cases, has struck down the (i.e. defense of alibi)
The attendant circumstances of the case are contrary to the petitioner’s
assertion.

The evidence does not support the theory of the petitioners.

There is no cogent reason to disturb the ruling of the (i.e. Court of Appeals)
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.)

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

It depends. If…(or As far as the __________ is concerned)
The question requires a qualified answer. If…
I will qualify. If…
On the assumption that…
My answer must be qualified.

CITING LAW PROVISIONS

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

The (i.e. Rules of Court) substantially provides in part that…
Under the broad principles of (i.e. due process clause)…
Under the all-encompassing doctrine of (i.e. incontestability clause)…
Under the law…
According to the (i.e. Family Code)…
The law is explicit on the matter.
The law explicitly expresses in part that…
By express provision of law,…
By operation of law…
As a matter of law…
Worth remembering is the rule on _______________ which provides in part that…
Decisive on the matter is the pertinent provision of the (i.e. Law on
Property)

The law prescribes certain rules on…

By legislative fiat…

QUOTING SUPREME COURT DECISIONS

The Supreme Court in one case, had the occasion to rule that…
In a long-line of cases decided by the Supreme Court, it has always been
(consistently) held that…

In a litany of cases decided by the Supreme Court,

In a long-string of cases decided by the highest court of the land,
According to several cases decided by the Supreme Court,…
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.

In one case decided by the highest court of the land, it was held that
In one case, the Supreme Court ruled that
It has been said that…
In a recent case, the Supreme Court has laid to rest the issue of whether or not…
It is well settled in this jurisdiction…
It is well settled in this country…
The Supreme Court has steadfastly adhered to the doctrine which states
that

In a case with similar facts, the Supreme Court ruled that…

In several notable Supreme Court decisions, the highest court declared that…
The Supreme Court has often stressed that…
In the landmark case of _____________, (if the case is so famous) the
Supreme Court laid down the doctrine which substantially provides that…

In the leading case of …

As enunciated by the Supreme Court in one case,…
The court has repeatedly ruled…
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…
There is likewise an array of cases in this jurisdiction where the Supreme Court has consistently declared
that…
Deeply rooted is the jurisprudence which provides that…
In one case, the Supreme Court was emphatic when it ruled that….

EMPHASIZING CASE DOCTRINES / JURISPRUDENCE

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

Immortal is the rule that…
Well settled is the rule…
Well entrenched is the principle that..
Elementary is the rule that..
The cardinal rule in (i.e. labor law) is that
It is a familiar canon in (i.e. political law) that
By well settled public law…
Basic is the rule in (i.e. Criminal Law)…
It is an elementary principle in…
It is a fundamental doctrine in…
Well accepted is the rule that…
It is axiomatic in (i.e. Civil Law) that
Enshrined in the 1987 Constitution is the rule that (i.e. no person shall be deprived of life, liberty or
property without due process of law)
Consonant with the rule on…
It is a recognized doctrine in (i.e. Civil law) that…
It is a basic tenet in (i.e. Commercial Law)
Consistent with current jurisprudence
It is a legal presumption, born of wisdom and experience, that …
It is an oft-repeated rule that…
The Philippines adhere to the principle of…

REFERRING BACK TO THE CASE

(correlating the facts with the law/jurisprudence)

Applying the said law/doctrine in the instant case,

From the facts given, noteworthy is the …
From the facts of the case, it is readily observable that…
In the instant case, it may be observed that…
It is crystal clear from the facts presented that (i.e. the crime of treason) is present (or was committed).
In the present case, it is immediately noticeable that the element of
__________ is wanting (or lacking).

Under the circumstances, the proper remedy would be…

The case obtaining indicates a case of (i.e. B.P. 22)
It logically follows…
It goes without saying…
Even assuming arguendo, for the sake of argument that…
The situation in the case at hand…
The situation presented evinces a case of…
The facts sufficiently indicated …
In the given facts, it is immediately apparent that…
It is evident that…
In the same token…
Under the facts stated in the problem,…
In the case under consideration,…
Worth stressing is the fact that
Worth emphasizing is the fact that
The facts would reveal that…
A careful perusal of the facts of the case would reveal that…
A careful scrutiny of the actuations of the accused would reveal that…
A careful reading of the (i.e. Deed of Absolute Sale) would reveal that…
A cursory examination of the…

CONCLUDING WORDS

From the gamut of evidence on hand, it can be gathered/deduced that,…

Taken all together,…
Finally, …
Hence, …
Therefore, …
From the foregoing, it can be deduced that there is really (i.e. a violation of…)
From the foregoing, it is now safe to conclude that….
Lastly, …
Consequently,…
As a necessary consequence…
The logical implication is that…
At any rate,…
In view of the foregoing,…
As an inevitable conclusion,…
In the light of the circumstances,…
Undoubtedly,…
Indubitably,…
Clearly, the case at hand falls squarely within the purview of…
Verily, he/she has committed…
For this/these reason/s, it is unavoidable to conclude that…
Based on the facts obtaining,…
In this light,…
This being the case…
Clearly therefore, applying the aforecited ruling in the case at hand,…
In light of the foregoing, it is beyond cavil (doubt) that,…
There is no doubt that…
To the unprejudiced mind, the actuations of the three, when analyzed and taken together, leads to no
other conclusion except that (i.e. conspiracy
among them existed)

Inescapably, therefore,…
All things considered,…
It follows therefore that…
As a logical result…
In sum,..
In view of the fact that…,
All told,…
Given the prevailing facts…
Having stated the foregoing premises,…
One final point,…
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 to highlight 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 would not easily be noticeable that you
missed something.

In capsule form, the following are the elements of the crime of _______
In a nutshell, the following are the elements of the crime of _________
The following elements are generally considered in the determination of
the presence of (i.e. employer-employee relationship)

Among the (i.e. defenses/remedies) available to (i.e. Mr. X) as provided for by/in the (i.e. Civil Code) are:
(1)…

(2)…

The following are the requisites for…

In order that a case for (i.e. B.P. 22) to prosper, the following elements must be attendant/present:
To constitute (i.e. homicide), the following requisites must concur:
(i.e. Legal compensation) requires the concurrence of the following conditions:
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 differentiate and contrast, so similarities are not included. 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).

The (i.e. two) may be distinguished from each other in the following
ways:

a.

b.

In the first, it is necessary that there be….., whereas in the second it is sufficient that there be ….
In the former, … while in the latter…
The former requires … while the latter…
… on the other hand ______________ is…

DEFINITION

________________ is a comprehensive term used to describe _______.

_________________, in its generally accepted sense, refers to ….
… It is a safeguard and guarantee provided by the 1987 Constitution..
… It is a kind of relief granted to a ______________ by the …
________________ is a branch of public law (or private law) which deals with..
It pertains to…
It connotes a ….
… is a doctrine in (i.e. Civil Law) which refers to…
… is a principle in (i.e. Criminal Law) which states that…
It presupposes…
Its principal identifying feature is..
It is akin to…
The function of which is to…
The office of which is to…

REASON BEHIND THE LAW/CONCEPT/PRINCIPLE

The purpose of the law is…

The law is designed to…
It is intended to shield …
It is primarily aimed at protecting ____________ from unwarranted ____
The rationale behind the law is…
The spirit of the law is to the effect that…

ADDITIONAL TIPS ON HOW TO APPROACH BAR ESSAY QUESTION

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.
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%).
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.
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 answers since you are already guided by
your earlier analysis. It will also minimize errors and erasures.
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.
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 eyes of the person checking the same.
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 the purpose any law seeks to achieve.
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 were merely incorrect in your conclusion,
you may get a credit for your answer.
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.
An answer to one question in one problem requires a separate page. Answers to sub-questions may be
presented continuously in a page separated by space/s. It is suggested, 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 in the
remaining spaces of the page.
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.
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.
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.
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.
Finally, PRAY!
TECHNIQUES IN ANSWERING BAR QUESTIONS BY ATTY. REY TATAD JR.

REASON/S BEHIND THE LAW

The purpose of the law is…

2. The law is designed to…
3. It is intended to shield …
4. It is primarily aimed at protecting ____________ from unwarranted __________
5. The rationale behind the law is…
6. The spirit of the law is to the effect that…

DEFINITION / EXPLANATION

1. ________________ is a comprehensive term used to describe _________.

2. _________________, in its generally accepted sense, refers to ….
3. … It is a safeguard and guarantee provided by the 1987 Constitution..
4. … It is a kind of relief granted to a ______________ by the …
5. ________________ is a branch of public law (or private law) which deals with..
6. It pertains to…
7. It connotes a ….
8. … is a doctrine in (i.e. Civil Law) which refers to…
9. … is a principle in (i.e. Criminal Law) which states that…
10. It presupposes…
11. Its principal identifying feature is..
12. It is akin to…
13. The function of which is to…
14. The office of which is to…
ENUMERATION

1. In capsule form, the following are the elements of the crime of

In a nutshell, the following are the elements of the crime of

The following elements are generally considered in the determination ofthe presence of (i.e. employer-
employee relationship)
Among the (i.e. defenses/remedies) available to (i.e. Mr. X) as provided for by/in the (i.e. Civil Code)
are:
(1)…
(2)…
5. The following are the requisites for…

In order that a case for (i.e. B.P. 22) to prosper, the following elements must be attendant/present:
To constitute (i.e. homicide), the following requisites must concur:
(i.e. Legal compensation) requires the concurrence of the following conditions:
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:

b.
2. In the first, it is necessary that there be….., whereas in the second it is sufficient
that there be ….
In the former, … while in the latter…
4. The former requires … while the latter…

5. … on the other hand ______________ is…

ANSWERING QUESTIONS WITH VAGUE FACTS (or which requires qualification)
But if the facts are complete in itself, do not attempt to add facts or assume anything.

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

2. It depends. If…(or As far as the __________ is concerned)

The question requires a qualified answer. If…

4. I will qualify. If…

5. On the assumption that…

6. My answer must be qualified.

JURISDICTION

1. The case is beyond the ambit of the jurisdiction of the (i.e. Regional TrialCourt)

2. It is within the ambit of the (i.e. Secretary of Labor’s) power.

3. It is not within the province of the (i.e. Municipal Trial Court)

4. It is clearly within the powers of the (i.e. Labor Arbiter) to…

The case of (i.e. ejectment) lies with the Municipal Trial Court.
The case is cognizable by the (i.e. Regional Trial Court)
The case is covered by the (Rules on Summary Procedure).
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. It should be borne in mind that…

2. It must be noted that…

3. It may be recalled that…

4. It is worth observing…

5. It must be taken into consideration that…

6. More importantly, ….

7. Significantly,…

8. Corollarily,…

9. Furthermore,…
10. Moreover,…

11. Similarly,…

12. Parenthetically,…

13. In other words,…

14. Otherwise stated,…

15. Simply put,…

16. Simply stated,…

17. Stated more concretely…

18. The reasons are obvious. (expound)

19. The reasons are well-known. (expound)

20. The reasons are plain. (expound)

21. Under the same line of reasoning,…

22. As regards…

With regard to… (it is error to state “with regards to”)

24. Anent the (i.e. first issue),…

25. As far as the ________________ is concerned,…

26. This is indicated by the fact that…

27. The language of the law leaves no room for doubt that,…

28. Justice and fair-play dictates that,…

29. Applying the principle of….

30. For all its conceded merits, (i.e. equity is available in the absence of lawand not as its replacement)…

31. The law is categorical with regard to…

32. Notwithstanding the… (i.e. execution of the document)

33. It is beyond debate that,…

34. It is imperative to look at,…

This is consistent with the time-honored maxim (i.e. nullum crimen nulla poena sine lege).
36. As it is imbued with public interest,…
37. In like manner,

38. In the same manner,

39. In the same vein,

40. In the same breath,

41. Likewise,..

42. In fine,

43. It bears articulating that

44. The controlling element in the (i.e. crime of estafa) is…

45. By analogy,…

46. Suffice it to state that..

47. Emphasis must also be placed at…

48. Manifestly, there was (i.e. grave abuse of discretion amounting to lack or excess of jurisdiction)
49. Needless to stress that…

50. It goes without saying that

51. The Supreme Court frowns upon the (i.e. illegal practice of forum shopping as it erodes the
administration of justice and makes a mockery of the justice system).

52. There is no denying in this case, that (i.e. the petitioner never raised the issue of jurisdiction
throughout the entire proceedings in the trial court; case of Tijam vs. Sibonghanoy)
53. It is now too late in the day for the respondent/defendant to (i.e. raise the issue
of …)

54. Equally telling is the (i.e. factual finding of the lower court) that…

55. The gravamen of the (i.e. the crime of rebellion is an armed public uprising against the government)
56. It cannot be denied that (i.e. the petitioner is also guilty of negligence)…
57. Attention must be drawn to the fact that…

58. ___________ and ____________ are two mutually exclusive remedies. An application of one
precludes the application of the other.

59. To amplify,…
60. It must be pointed out that…

61. Notably,…

62. At the outset, the (i.e. defendant)…

63. Coming now to the issue of (i.e. prescription),…

CITING LAW PROVISIONS

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

2. The (i.e. Rules of Court) substantially provides in part that…

3. Under the broad principles of (i.e. due process clause)…

4. Under the all-encompassing doctrine of (i.e. incontestability clause)…

5. Under the law…

6. According to the (i.e. Family Code)…

7. The law is explicit on the matter.

8. The law explicitly expresses in part that…

9. By express provision of law,…

10. By operation of law…

11. As a matter of law…

12. Worth remembering is the rule on _______________ which provides in part that…

13. Decisive on the matter is the pertinent provision of the (i.e. Law on 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…

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.

In one case decided by the highest court of the land, it was held that
8. In one case, the Supreme Court ruled that

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

Immortal is the rule that…

3. Well settled is the rule…

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

By well settled public law…

Basic is the rule in (i.e. Criminal Law)…

10. It is an elementary principle in…

11. It is a fundamental doctrine in…

12. Well accepted is the rule that…

13. It is axiomatic in (i.e. Civil Law) that

14. Enshrined in the 1987 Constitution is the rule that (i.e. no person shall be deprived of life, liberty or
Property without due process of law)

15. Consonant with the rule on…

16. It is a recognized doctrine in (i.e. Civil law) that…

17. It is a basic tenet in (i.e. Commercial Law)

18. Consistent with current jurisprudence

19. It is a legal presumption, born of wisdom and experience, that (i.e. official duty has been regularly
performed; that the proceedings of a judicial tribunal are regular and valid and that judicial acts and
duties have been and will be duly and properly performed. The burden of proving irregularity in official
conduct is on the part of the petitioners.)

20. It is an oft-repeated rule that…

21. The Philippines adhere to the principle of…

REFERRING BACK TO THE CASE (correlating the facts with the law/jurisprudence)
Note: In my personal opinion, it is not proper to use the statements “in the case at
bench” or “in the case at bar” when answering. Although I guess it is very tempting
because it sounds good and professional to state, “in the case at bar/bench”, we must
not forget that the cases given in the Bar are only theoretical. The statements “in the
case at bench” and “in the case at bar” are more appropriately used in pleadings in
court. After all, you can use the statements “In the instant case, In the facts given, Inthe problem given
and In the question presented.”
1. Applying the said law/doctrine in the instant case,

From the facts given, noteworthy is the …

From the facts of the case, it is readily observable that…
In the instant case, it may be observed that…
It is crystal clear from the facts presented that (i.e. the crime of treason) is present (or was committed).
In the present case, it is immediately noticeable that the element of __________ is wanting (or
lacking).
Under the circumstances, the proper remedy would be…
The case obtaining indicates a case of (i.e. B.P. 22)
It logically follows…
10. It goes without saying…
Even assuming arguendo, for the sake of argument that…

12. The situation in the case at hand…

13. The situation presented evinces a case of…

14. The facts sufficiently indicated …

15. In the given facts, it is immediately apparent that…

16. It is evident that…

17. In the same token…

18. Under the facts stated in the problem,…

19. In the case under consideration,…

20. Worth stressing is the fact that
21. Worth emphasizing is the fact that
22. The facts would reveal that…
23. A careful perusal of the facts of the case would reveal that…
24. A careful scrutiny of the actuations of the accused would reveal that…
25. A careful reading of the (i.e. Deed of Absolute Sale) would reveal that…
26. A cursory examination of the…

ANSWERING IN THE POSITIVE

1. The petition is meritorious.
2. The contention has legal basis.
3. The case will prosper.
4. The argument is proper.
5. The provision is perfectly applicable.
6. The action is tenable.
7. The motion should be granted.
8. The Judge is correct.
9. The petition is impressed with merit.
10. Yes. It is a (i.e. patent violation) of the
11. There is merit in the petition.
12. The petitioner’s contention is sustainable.

ANSWERING IN THE NEGATIVE

The contention does not hold water.
With all due respect to the judge, his decision is apparently erroneous or is not in accord with law and
existing jurisprudence.
The contention is totally misplaced.
It is now too late in the day to raise the issue of…
The petition is not meritorious.
The evidence presented deserves scant consideration.
The contention has no legal basis.
The argument is bereft of merit.
The petition is devoid of merit.
10. Petitioner’s reliance on the (i.e. doctrine of…) is inappropriate. The doctrine of … does not apply in
cases where / of…

11. It is a futile gesture on the part of the respondent to invoke the rule on…

12. The theory/argument has no ground to stand upon.

13. The contention has no leg with which to stand on.

14. The position of the petitioner runs counter with the doctrine of…

15. The case will not prosper.

16. The case is not tenable.

17. The act of the accused in… is of no moment.

18. The assertion lacks substance.

19. The decision is erroneous.

20. The court cannot countenance the (i.e. inconsistent postures of the petitioner)

21. The testimony that…, cannot be given credence.

22. The evidence presented has no probative value.

23. The allegation is belied by the fact that…

24. To put it otherwise would be to render the law on _____________ useless/futile.

25. The actuations of the accused in (i.e. fleeing and hiding) negates (i.e. innocence)

26. While it is true that _______________ is a (i.e. constitutional guaranteed right of a person), it does

not, however mean…

27. It is not correct to say that…

28. It is not proper to state that…

29. It is not accurate to conclude outright that…

30. A contrary conclusion would erode the rule that provides in part that…
31. To sustain the contention would be to render the law on ____________ nugatory.
32. It would be absurd and incongruous to sustain the argument that…

33. It is not enough that…

34. The fact that … is immaterial since…

35. The fact that … is irrelevant since…

36. In itself, mere …… is not sufficient (i.e. to warrant conviction)….

37. The petitioner cannot give any additional meaning to the clear and plain language of the law.
38. The Supreme Court, in several cases, has struck down the (i.e. defense of alibi)

39. The attendant circumstances of the case are contrary to the petitioner’s assertion.
40. The evidence does not support the theory of the petitioners.

41. There is no cogent reason to disturb the ruling of the (i.e. Court of Appeals)

42. The claim for (i.e. moral damages) must necessarily fail.

43. The (i.e. respondent) cannot rely on (i.e. mere alibis) to aid his cause.

CONCLUDING WORDS

1. From the gamut of evidence on hand, it can be gathered/deduced that,…

2. Taken all together,…

3. Finally, …

4. Hence, …
5. Therefore, …

6. From the foregoing, it can be deduced that there is really (i.e. a violation of…)

7. From the foregoing, it is now safe to conclude that….

8. Lastly, …

9. Consequently,…

10. As a necessary consequence…

11. The logical implication is that…

12. At any rate,…

13. In view of the foregoing,…

14. As an inevitable conclusion,…

15. In the light of the circumstances,…

16. Undoubtedly,…

17. Indubitably,…

18. Clearly, the case at hand falls squarely within the purview of…

19. Verily, he/she has committed…

20. For this/these reason/s, it is unavoidable to conclude that…

21. Based on the facts obtaining,…

22. In this light,…

23. This being the case…

24. Clearly therefore, applying the aforecited ruling in the case at hand,…

25. In light of the foregoing, it is beyond cavil (doubt) that,…

26. There is no doubt that…

27. To the unprejudiced mind, the actuations of the three, when analyzed and taken together, leads to
no other conclusion except that (i.e. conspiracy among them existed)

28. Inescapably, therefore,…

29. All things considered,…

30. It follows therefore that…

31. As a logical result…

32. In sum,..

33. In view of the fact that…,

34. All told,…

35. Given the prevailing facts…

36. Having stated the foregoing premises,…

37. One final point,…

38. Accordingly,…

MY PERSONAL ADVICE FOR FUTURE BAR CANDIDATES DURING THE REVIEW

· Always pray before and after studying.

· Turn off your cellular phones. (Turn it on only during your break). Most or a significant part of our time
reviewing is sometimes spent on non-sense (or not so important) texting-replying-texting-replying.
There is a time for everything. But when you review, avoid interruptions. Cellular phone, believe me, is
one of the major interruptions. Although it is hard, why not sacrifice a little for the sake of being a
lawyer.

· Believe in yourself. If you will not, then who do you expect would believe in you. (Tip from Sir Bubut
Cayco)
· Choose a study buddy if you want. But sometimes it is better that you do

not have one. More study buddies, more interruptions (more kwento). Without you knowing it, “tapos
na araw or September na”.

· Before starting your review, be sure that the tension has already subsided. (Specifically starting the
month of July when tensions really soars high for most Bar candidates) Bear in mind that we can
comprehend more if we are in a relaxed state of mind.

· Set your own pace. Do not compare your pace with others (like asking others, “ilang reading ka na?”)
This is not a rat race. Quality reading(studying/reviewing actually) is what is needed. Bar does not dwell
on the amount of pages/books you have read, it is more of how much you have mastered.
· Do not memorize without comprehending. When mental block occurs, you cannot recall even a single
thing. Moreover, in applying the law in a given theoretical case problem, for sure you can hardly answer
the same if you have memorized without understanding.

· Do not highlight the entire reviewer . Sometimes, the problem with highlighting is that it becomes our
security blanket that we have read and understood what we have read. But more often, we have not.
· When you have a query or some matters in mind that needs clarification, just write it in a piece of
paper, pag marami na, ask it to a professor you believe is competent in that field. Don’t ask your co-
barristers. It might only end in a debate and waste of time, when no reliable answer is concluded.
Remember, time is precious during the pre-bar review.

· Set one day for recreations alone. It could rejuvenate your energy and create hunger for review the
following day.

· Attend to the needs of your entire being. Physically, mentally, emotionally and spiritually. This will also
help you avoid being exhausted in the review.

· Take vitamins and take your meals on time.

BEFORE THE BAR EXAM PROPER

· Make sure you have enough and complete sleep. A well rested mind can answer and articulate better.
· Pray

· Review the material you personally believe is a good last minute tip for you.

· Compose yourself, your mind, heart and spirit. Focus on the exam alone and not on the fear of failing.
Stop or reduce your tension. Tension is normal, as long as it is at a moderate level. After all, you will
already be taking the bar, no turning back. So might as well do your best. And you can only perform well
if you are in a composed mind and heart. (I suggest you close your eyes. Inhale then exhale as you count
one to ten. It might help)
· Boost your confidence by telling yourself “Walang (your surname) na di magaling.” Or tell yourself
“What kind of celebration will I do if I top or at least pass the bar?” at least you might laugh kahit kabado

DURING THE BAR EXAM PROPER

· I suggest that before answering, formulate on your mind what will be placed on your first, second and
third paragraphs. The first paragraph normally contains a one-sentence direct to the point answer to the
question. The second paragraph commonly contains legal basis (provision of law in point, jurisprudence,
co-relation of the jurisprudence/provision with the facts of the case and application).Third paragraph
normally contains the conclusion. When you are already decided of your answer, write it according to
your thoughts. In this approach, you will not only be avoiding unnecessary revisions and erasures, you
will also maintain the cleanliness of your booklet. Bear in mind that, a dirty booklet is irritating to the
eyes of the person checking the same.

· Allocate the time depending on the number of questions.

· Answer each question one at a time. Focus on one question before thinking or bothering yourself of
the succeeding questions.

· Do not stay in a number for so long. Leave at least a sheet for a 5point question. Go to the next number
if you do not know the answer. If I am not mistaken, more than one (1) bar candidate had not succeeded
because of stocking himself / herself in an item he/she does not know the answer of. As a necessary
result, he/she failed to finish the exam. As one of my friends told me, “No matter how grossly wrong
your answer may be, do not ever leave an item unanswered. Malay mo, may points for the effort/ink
.Kidding aside, a blank sheet will surely get an automatic 0 point. So better answer all.”

· Don’t blame yourself or don’t panic if you failed to answer an item or two. It’s perfectly normal. What
is abnormal is if you failed to answer questions that you know the answer of just because you
bothered/blamed yourself so much on the items you don’t know. In short, if you failed to finish the
exam.
· As my professor Atty. Francis Sababan told us before, “mga bata, avoid passing your booklet too early.
The time allocated for each subject may be too much, but it must be used wisely to: (1) write legibly, (2)
compose your answers properly, (3) avoid erasures, (4) observe proper margin, and (5) review your
answers. After all there are no prizes for early finishers.”
AFTER A BAR SUBJECT (OR ENTIRE BAR EXAM)
· Do not discuss answers. It is futile because the booklets had already been submitted and it could
greatly affect your performance for the remaining subjects. If your noble reason on asking about the
answers is for you to know the same, I suggest that you wait until the exam results have been already
released. For self-preservation reasons, for sure you will be anxious and fearful if you would discover
that you have incurred (just for example) 10 mistakes.

IMPORTANT REMINDER IN ANSWERING

If you are so sure of the answer, you can directly answer yes or no. But if you are just guessing or not so
sure of the answer, you better start citing law provisions and jurisprudence first.
Logic behind: If you answer yes or no and it happened to be wrong, chances are, you will get an
automatic ZERO (0) for that item. The examiner might not read your answer anymore. Come to think of
it, it would be a waste of his time reading explanation of a wrong answer. Besides, there are so many
booklets to check.
On the other hand, if you cite the law provisions and jurisprudence first, even though your yes or no
answer placed in the last paragraph/sentence is wrong, you might get some credit. (The examiner might
say, “may alam tong batang to, nalito lang”). Finally, at least, the examiner has read all your answer and
explanation before grading you for that item.

CARDINAL RULES IN TAKING THE BAR

. Do not forget your test permits, Supreme Court color coded Identification card, and other pertinent
documents/things as required in the letter coming from the SC allowing you to take the Bar.
. Bring a watch with you to keep you updated of the time left.

. Never be tempted to cheat.

. Keep your focus.

. Carefully read and comprehend the instructions and questions.

. Answer one at a time.

. Answer straight to the point. Be responsive to the question. Answer only what is being asked. Though it
is tempting to showcase your knowledge, do not over-elaborate.

. Avoid erasures.

. Do not hurry at the expense of substance (and readability) of your answers.

. Leave a space before starting a new paragraph.

. Review your answers. Scan your booklet before submitting the same. Be sure you have not left any
question unanswered.

. Bring extra sign/fountain pens.

. Observe proper margin.

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.

——–GO O D LUCK! ! ! ——

Atty. Reynulfo C. Tatad, Jr.

September 2006 Bar Exam Passer