Justice Abad lecture in a nutshell

• There is a problem with current bar questions – usually they

are trivial and they check idle knowledge, not active knowledge.

o Solution: don’t just give laws as coverage. Provide for a syllabus.

o Ex. (what they get now)

1987 Constitution

Local Government Code

Etc.

o Ex. (what we will get)

1987 Constitution

• Bill of Rights

o Equal Protection

Substantial distinction

Germane to the purpose of law

Duration

Uniformity of application

• Double Jeopardy

… etc. etc.

o No questions outside the coverage

o Mere administrative matters  usually will not be asked (YES!)

• Advantage of Multiple Choice Questions:

o Unlike essay questions, easier to check. And there is less subjectivity.

Checkers just scan essay answers, most of the time.

o There will be a wider scope of questions’ coverage, rather than

selecting 10 random questions out of a wide coverage.
o Mastery is tested because you hade to distinguish between correct
and nearly-correct answers.

o No more memorization

• Essay type questions: now used to determine

communication or lawyering skills (rather than knowledge of the law).

o Examinee will be presented with one or two legal-dispute situations

in each subject. He will then prepare a paper, like a memorandum or
decision  For the side he chooses to defend

o NOT graded for technically right or wrong answers, but the quality of
the examinee’s legal advocacy.

o Each exam has this type of question. So there will be eight examiners
checking the essay questions. There will be better assessment of the
examinee’s skills.

• MCQ questions:

o Type A: Know and recall basic principles (20% of the questions)

o Type B: Understand meaning and significance of law (40%)

o Type C: Analyze problems and provide solutions (40%)

• Sample question:

o Who determines jurisdiction of the courts?

A. Congress.

B. Supreme Court.

C. Judicial and Bar Council.

D. Court Administrator.

o The other choices must seem plausible. They are just there to
distract. There will be no patently wrong answers like,

A. Congress.

B. Supreme Court.

C. Judicial and Bar Council.

D. Yo momma.

• Sample “Type A” questions (20%)

o The majority age begins at the age of:

A. 21

B. 16

C. 18

D. 12

o Who may solemnize marriages anywhere in the Philippines?

A. Consul-general

B. Court of Appeals Justice

C. Ship captain

D. Military commander

o When can the RPC be enforced outside Phil. territory?

A. Introducing any counterfeit coin into the Philippines.

B. Hijacking any ship or airship.

C. Committing crime against national security.

D. Bigamous marriage by public officials.

• Sample “Type B” questions (40%)

o Question: Which of the following would constitute antecedent

collateral evidence of a bank robbery that several accused committed?

A. Act of the lookout during the robbery.

B. Kinship among them.

C. Amount missing from bank’s vault.

D. Fingerprints on the teller’s counter.

o How does a Type A question differ from Type B?

Type A:

• Justifying circumstance makes an act:

o A. three degrees less severe

o B. Exempt from criminal liability

o C. Non-criminal

o D. Pardonable

Type B:

• Justifying circumstance is exemplified by:

o A. retreat from aggression

o B. pre-emptive blow

o C. counter-blow

o D. good intentions

Type B illustrates its meaning, and does not just restate the law.

o Real or object evidence is authenticated by showing:

A. who owns it

B. It is what it claims to be.

C. How it got to court.

D. Similar objects.

o Uninterrupted possession for statutory period of time without need of

just title and good faith are requisites for: [This question applies the law
to a situation]

A. laches.

B. prescription of actions

C. ordinary acquisitive prescription.

D. extraordinary acquisitive prescription.

• Sample Type C questions (40%):

o In a case a very old woman executed a will. A friend, a cousin, and

notary public came to witness the will. Due to old age, she thumb-
marked the will. One witness signed at the right margin because she
thought it looked better. Another witness looked away just as the other
witness signed the will. The will is invalid because: [Here there are
factual distracters]

The cousin looked away just as the friend was signing the will.

B. The testator failed to subscribe the will.

C. The friend signed at the right margin.

D. Lack of sufficient witnesses.

o A couple named their son Mario Lopez. A confused clerk at the

hospital registered his name as Maria Lopez and gender as female. The
civil registrar has authority to:

A. Correct the name and gender

B. Correct the name but not gender

C. Correct the gender but not his name

D. Endorse the case to court

• Guidelines:

o Only FOUR choices!!

o The stem by itself must present a clear problem.

Poor stem: The act of the police in placing the accused in a police line-
up –

• A. Violates his right against self-incrimination

• B. violates right to counsel

• C. Constitutes valid investigation procedure

• D. Valid, continued on being placed under preliminary
investigation

• [But here you don’t know the problem until you read the
choices]

o Include as must of the data in the stem and keep the options as short
as possible.

o All of the above and none of the above  discouraged

o Only ONE correct answer that experts would generally agree on.
Bawal yung “most correct” answer. (YES!!!) No controversial cases.

o Usually the longest answer is the correct one. The will avoid this.

o NO modified true or false questions.

• Sample essay question instructions:

o Below is a hypothetical legal dispute.

o Choose the side of the dispute you want to uphold and defend.

o Prepare a memorandum in support of your memorandum.

o No more than 4 arguments.

• Not graded for technically right or wrong answer but for the
quality of legal advocacy.