A GUIDE TO ANSWERING ESSAY QUESTIONS

Prepared by Atty. Vinci Albano

Passing the bar examinations takes several things. Knowledge, prayer, hard work and skill. Knowledge
can be acquired from reading text books, review materials and handouts given by the ABRC. Prayer depends
on your religion. Hard work is investing your time and effort in order to achieve the best result for yourself in
any endeavor that you are into, and not just for the bar examinations.

Skill is an acquired asset, however. Skill in passing the bar exams involves answering bar examination
questions, whether multiple choice or essay-type questions. It requires practice over a period of time for one to
acquire this skill.

Much like sport, if you practice the wrong way, then you would have acquired nothing over the
prolonged period of time you practice. Lets say, if you practice shooting a jump shot or a lay-up in basketball
with two hands following through instead of only one, then you would have been shooting your jump shot or
your lay-up incorrectly. Even if you practice it for 1,000 times a day, you may shoot a few of these but you
would not have acquired the skill necessary to be able to execute your jump shot or lay-up properly when the
need arises or even during pressure situations, much like your skill of answering essay examinations and/or
multiple choice questions.

In this short guide, I wish to inculcate in you the skill which you may need in order to answer your essay
questions.

Kinds of essay questions in the bar examinations

Questions in the bar examinations which do not involve the multiple choice type are of three kinds:

1. Enumeration questions
2. Differentiation questions (or distinguishing between two or three concepts)
3. Essay questions

Answering questions in the bar examinations

1. Enumeration questions

An enumeration question usually involves answering a question calling for an enumeration of items.
This may involve all subjects of the bar examinations as all subjects have an enumeration.

Remember that there is only one way to answer an enumeration question. Lets answer for
example this bar examination question in 2008 from Remedial Law:

XXI. Give at least three instances where the Court of Appeals may act as a trial court.

It is easy enough if the student knows the answer to the question. However, there are several problems
which a student usually encounters. One of them may consist in the fact that a student may not have been able
to memorize for the coming bar examinations. Another one may involve the student not being able to know the
answer because, simply put, he was not able to read from the textbook or his various sources, the answer to
the question.

Whether or not a student knows the answer to this question, he MUST phrase his answer in the
following manner:

The following three instances where the Court of Appeals may act as a
trial court are as follows:

1. In instances where a writ of mandamus, prohibition, certiorari, habeas corpus or
mandamus is petitioned for;
2. Whenever a question of fact needs to be resolved in the exercise of its appellate
jurisdiction;
3. In instances where a motion for new trial or for further proceedings is petitioned
for.

More often than not, whether or not a student knows the answer to a particular question, he phrases his
answer in the following manner:

1. In instances where a writ of mandamus, prohibition, certiorari, habeas corpus
or mandamus is petitioned for; 2. Whenever a question of fact needs to be
resolved in the exercise of its appellate jurisdiction; 3. In instances where a
motion for new trial or for further proceedings is petitioned for.

NEVER frame your answers in the following manner. This gives an impression that you do not know the
answer to the question.

In case you do not know the answer to the question, it is better that you just guess an answer, which
you should have an idea of based on your study of law over the last 4-5 years or more and thereafter, frame
your answer in the manner that is given earlier. This will remove the tendency of the examiner to be upset with
your answer because, at the end of the day, what you have in your favor is the fact that your eyes pleased him
with the way you presented your answer while your other compatriots who did not get hold of this handout will
not have an idea on how to answer the question.

2. Differentiation questions

A question asking for you to distinguish between two concepts often pops up in your bar examinations.
This type of question has the potential to show itself in all of the bar examination subjects.

Lets answer for example this question from the 2005 bar examinations:

I. Distinguish a derivative suit from a class suit.

In order to answer a question of this nature, you have to take note of the following matters first, and you
can write a draft of your answer before writing it in your paper: the areas whereby they are different from one
another; enumerate at least three if you are not asked to give out instances of how many ways they are
different from one another.

After thinking of those things, answer your question in the following manner:

A derivative suit is different from a class suit in the following manners:

1. As to the availability of this right. A derivative suit is available whenever a
stockholder sues in order to protect the right of others in a corporation.

A class suit on the other hand is available whenever a group of stockholders sue
in order to protect their rights as a group as a shareholder.

2. As to the source of this right. A derivative suit is not rooted in legislation to be
available in favor of a shareholder.

A class suit is rooted in legislation to be available in favor of the shareholder(s).

3. As to the nature of a party suing. In a derivative suit, the suing party
(shareholder) is just a nominal party while the corporation is an indispensable
party.

In a class suit, the suing party is the indispensable party.

In instances such as these, it is important to be able to answer a distinction by presenting each subject
in a separate paragraph so that the examiner will be able to understand more clearly the distinctions as well as
the concepts being communicated by the examinee.

If the examinee does not know the answer, a reference to basic principles may be made in order to
arrive at an answer. In other words, make an educated guess! Not just a guess which is a product purely of
imagination!

3. Essay questions

Essay questions are classified as usually those kinds of questions whereby a problem is given to an
examinee and an answer has to be provided choosing one of two sides, whether of the affirmative or the
negative.

However, essay questions do not end with the choice of the affirmative or negative side. The
presentation of ones answers will always separate the lawyers from the others. It is therefore, my hope that I
can guide you through answering questions in the essay form and allow my success to translate to your
success.

In answering essay questions, it is important to keep ones answers as short as possible and
furthermore, as easy to the eyes as possible. Remember, your examiner is checking not just your exam, but
rather, that of 6,000 others.

Method of answering applicable to Taxation Law and Criminal Law

From my experience, answering examinations in criminal law and taxation are seprarable from the
other subjects. The reason for the same is simple. In the subject of Criminal Law, the question mostly deals
with whether or not all of the elements of the crime have been complied with. Taxation law deals with a similar
matter, whether or not the individual is taxable or not, if all the provisions of law relating to taxability are
available, then the answer is taxability, otherwise, the individual is not taxable.

In both instances, the appearance of a grey area, most oftentimes, does not happen.

Take for example this bar examination question from 2010 in Criminal Law:

XV
Suspecting that her husband of twenty years was having an affair, Leilanie
hired a private investigator to spy on him. After two weeks, the private
investigator showed Leilanie a video of her husband having sexual
intercourse with another woman in a room of a five-star hotel. Based on
what she saw on the video, Leilanie accused her husband of concubinage.
Will the case of concubinage prosper? Explain. (3%)

The answer to this question for most people will be framed in the following manner:

The case for concubinage will not prosper.

The crime of concubinage is committed through any of the following
means:

1. A husband keeps a mistress in the conjugal dwelling or
2. shall have sexual intercourse under scandalous circumstances with a
woman not his wife; or
3. Cohabit with the woman in any other place.

In this case, because her husband did not have sexual intercourse in a
scandalous circumstance with a woman not his wife, then the husband shall not
be liable for concubinage.

This manner of answering a question is good enough if someone has a really good memory and is able
to remember the elements to all crimes punishable under the Revised Penal Code.

This has two inherent difficulties, however, especially particular to Criminal Law.

The first problem that is to be asked is what will happen then if an examinee does not have the
memorizing power to be able to remember elements of all crimes punishable under the Revised Penal Code?
Disaster will almost certainly ensue because the fact is, if you answer your bar examinations in Criminal Law in
the aforementioned manner, then it is incumbent upon you to state all elements/ways of committing the crime
because you have forced your hand to do so. We all know how it is when depending on memorization. It is like
a chain where no matter how far the connection has gone, if one connection is unstable, the interconnection of
all chains will be broken!

The second problem arises in all Criminal law exams is that involving complex crimes and the effects
when the question calls for the answer to the question of how many crimes/who are liable for what crimes are
asked in one big problem. Lets use this question in the 2006 bar examinations for that matter:

Dang was a beauty queen in a university. Job, a rich classmate, was
so enamored with her that he persistently wooed and pursued her. Dang,
being in love with another man, rejected him. This angered Job. Sometime
in September 2003, while Dang and her sister Lyn were on their way home,
Job and his minor friend Nonoy grabbed them and pushed them inside a
white van. They brought them in an abandoned warehouse where they
forced them to dance naked. Thereafter, they brought them to a hill in a
nearby barangay where they took turns raping them. After satisfying their
lust, Job ordered Nonoy to push Dang down a ravine, resulting in her
death. Lyn ran away but Job and Nonoy chased her and pushed her inside
the van. Then the duo drove away. Lyn was never seen again.

1. What crime or crimes were committed by Job and Nonoy? 2.5%

Imagine this case which involves one of kidnapping, rape, murder and even the use of a minor. If you
were to answer this problem like you would have the first illustration before, you would end up using at least 2
pages just for the purpose of enumerating one by one all of the elements to this crime not to mention the fact
that you also have to state the way these crimes are complexed with one another.

For this purpose, the author suggests that in answering questions in Criminal law, the following method
be utilized (referring to the earlier problem involving concubinage):

a. The case for concubinage will not prosper.

Under the provisions of the Revised Penal Code, a case for concubinage will prosper if a
husband shall have sexual intercourse under scandalous circumstances with a woman not his
wife.

In this case, eventhough the husband had sexual intercourse with a woman not his wife,
it has to be remembered that the acts of sexual intercourse were not committed under
scandalous circumstances.

Henceforth, the crime of concubinage was not committed.

Note the distinction with the earlier method of answering the question. It called to fore only the
particular kind of committing a crime as compared with the style whereby the examinee enumerates all of the
elements as well as the ways of committing a crime.

This approach is easier to read and gives the examinee less of a pressure to remember all of the
elements of the crime because in this method, the examinee only points out the particular provision or element
involved.

Anent the other question, how would the answer be presented? The method of answering is lifted from
the authors examination booklet:

1. Job should be charged with forcible abduction with an additional count of rape
with homicide for each such act committed by them, aggravated by the use of a minor as to Job
while Nonoy should not be held liable for the commission of the crime.

It can be seen from the facts of the case that the two had only intended to abduct them
with lewd designs at first. For such a case, the rape with homicide cannot be absorbed by
reason of the varying intent. Hence, the rape with homicide is appreciated as a separate crime
from forcible abduction.

Noynoy on the other hand cannot be charged with the crime because he is a minor and
under the provisions of the law, he cannot be held liable.

Notice how I discussed the same in a seamless manner and without needing to enumerate all of the
elements? In these instances, it is thus time-saving for the answer to be presented in the following manner, let
alone, not putting pressure on the examinee to enumerate all the elements to the crime. The parts of the
answer in such a case are as follows:

1. Conclusion
2. Legal basis
3. Application to the facts

These are three parts which should be presented in separate paragraphs. The purpose of the same is
neatness. Should you fear that separating one part of the answer by a paragraph will produce a long answer?
The answer is NO. The reason is the fact that the neatness is a plus factor as well as the organization of ones
thoughts.

If the earlier enumerated method of answering a question was applied, how would the answer be
framed then? Probably in this manner:

Job and Nonoy should be charged with forcible abduction with an
additional count of rape with homicide.

Under the provisions of the Revised Penal Code, forcible abduction has
the following elements:

(1) that the person abducted is any woman, regardless of age, civil status,
or reputation;
(2) that the abduction is against her will; and
(3) that the abduction is with lewd designs.

For rape to be committed, the following elements must be present:

(1) that the offender is a man;
(2) that the offender had carnal knowledge of a woman; and
(3) that such act is accomplished by using force or intimidation.

For rape to be complexed with homicide, it is required that the elements
of rape and homicide are proven.

In this case, because the forcible abduction was not proven to have been
committed with lewd designs, the charge for the crime of forcible abduction must
be made separate from the charge for the crime of rape with homicide.
Henceforth, the accused Job and Nonoy in this case should be charged with two
informations for forcible abduction and rape with homicide.

This is a very long answer, one which an individual does not have the luxury of writing for a four-hour
exam.

Henceforth, the method of answering an examination suggested by the author as to criminal law should
be utilized.

As I mentioned, this method of answering is applicable also to questions involving taxation law.
Applying this method of answering to taxation law questions, let us refer to this bar examination question:
XIV
Spouses Jose San Pedro and Clara San Pedro, both Filipino citizens, are the owners of a
residential house and lot in Quezon City. After the recent wedding of their son, Mario, to
Maria, the spouses donated said real property to them. At the time of donation, the real
property has a fair market value of P2 million.
a. Are Mario and Maria subject to income tax on the value of the real property
donated to them? Explain. (4%)
b. Are Jose and Clara subject to donor's tax? If so, how much is the taxable gift of
each spouse and what rate shall be applied to the gift? Explain. (4%)
The answer to this question is straightforward in that the question is whether or not they are subject to
tax on their income. Applying the aforementioned method of answering questions of this nature (as applicable
to Criminal law and Taxation law), the answer should be presented in the following manner:

a. Mario and Maria are not subject to income tax on the value of the
real property donated to them.

Under the provisions of the National Internal Revenue Code, a donation
of property shall be subject to the donors tax and not to income taxes because
the value of property acquired by gift, bequest, devise or descent is excluded in
the computation of gross income save for the income derived therefrom.

In this case, since there has been no income derived from the house and
lot donated to the spouses, there is no need to include the same in the
computation of the gross income of the spouses.

b. Jose and Clara shall be subject to donors tax.

Under the provisions of the National Internal Revenue Code, a donors
tax shall be assessed upon the transfer of property by gift.

In this case, since there was a transfer of property between spouses Jose
and Clara San Pedro to Mario and Maria without any sale but rather, by gift, there
should be assessed a donors tax at the rate of Php500,000.00 for each spouse
at the rate of 4%.

Taxation laws are very much like Criminal laws in that there is more often than not, no grey area
concerning them. Simply put, for an individual to be taxable, he must come within the provisions of the law.
Otherwise, there is no tax liability.

Henceforth, the manner of answering in both Criminal Laws and Taxation Laws are similar.

Method of answering applicable to all other subjects

Finally, the method of answering applicable to all other subjects shall be tackled.

The difference of this method with the first kind of answering discussed is the existence of grey areas.
By grey areas is meant exceptions to general rules which have been established. When questions are
answerable by general rules, it is much like answering a question on Criminal Law and Taxation Law in that
you can answer it straightforward, and oftentimes, with merely a statement of the law involved.

In order to best illustrate this fact, the existence of the general rule is discussed in answering this bar
examination question in Commercial law in 2008:

Pancho drew a check to Bong and Gerard jointly. Bong indorsed the check
and also forged Gerards endorsement. The payor bank paid the check and
charged Panchos account for the amount of the check. Gerard received
nothing from the payment.

Pancho asked the payor bank to recredit his account. Should the bank
comply? Explain fully. (3%)

This question calls for an application of the general rule/straight provision of law because the question
only deals with an application of the provisions of the Negotiable Instruments Law. In this case, the answer
should be as follows:

The bank should not recredit his account.

Under the provisions of the Negotiable Instruments Law, when a
signature is forged or made without the authority of the person whose signature it
purports to be, it is wholly inoperative, and no right to retain the instrument can
be acquired through or under such signature, unless the party against whom it is
sought to enforce such right is precluded from setting up the forgery or want of
authority.
In this case, although the signature is wholly inoperative as against
Gerard, the fact is, Pancho is precluded from setting up the forgery or want of
authority because he was the one responsible for the forgery which took place.
As ruled upon in jurisprudence decided by the Supreme Court,
responsibility for forgery falls on the one who is responsible for the same and in
this case, it was not the bank who was responsible for the forgery, but rather, it
was Pancho.
The general rule in this case is shown in application, with an additional discussion on jurisprudence
ruled upon. Note how it is a short and simple 4 part answer which is easy on the eyes to read. What should be
noted is the format of the answers in problems of this nature:

1. The conclusion should come first.
2. Statement of the provisions of law should be next.
3. Application of the facts to the case.
4. Conclusion affirming the earlier conclusion (note that this may be included in part 3)

The presentation of answers should always be made in this manner. Aside from the reasons cited
earlier, the reason for the same is brought about by the fact that answers crafted in this manner are
straightforward and demonstrates the examinees knowledge of the law as well as his analytical capabilities.

Let us cite another example this time from Labor Law:

A, a worker at ABC Company, was on leave with pay on March 31, 2010. He
reported for work on April 1 and 2, Maundy Thursday and Good Friday,
respectively, both regular holidays. Is A entitled to holiday pay for the two
successive holidays? Explain. (3%)

Applying the aforementioned method of answering to the bar examination question, the answer should
be crafted in the following manner:

A is entitled to holiday pay for the two successive holidays.

Under the provisions of the Labor Code, when an employee absents
himself with pay on the day preceding a regular holiday pay, he may not be paid
for such holiday unless he reports for work on the holiday.

In this case, since A reported for work on the holiday after having been on
leave with pay, he is entitled to holiday pay.

Note how it is possible to merge parts 3 and 4 of the format which I suggested. If you, as the examinee,
feel that merging 3 and 4 would have the same effect, then do so. How one should answer should be on a
case-to-case basis.

Now we come to the final part of our discussion which is answering a question which has a grey area,
or an exception to the general rule.

When answering a question which calls for the application of an exception to the general rule, always
keep in mind the following. When an examiner crafts a question calling for the application of the
exception to the general rule, he knows what he is asking and what the exception to the general rule is!
He looks for a twist in the facts or problem so that you may have a hard time seeing the difference from our
previous kind of problem to the one hereinbelow coming from the Civil Law exams in 2008:

IV
Harry married Wilma, a very wealthy woman. Barely five (5) years into the
marriage, Wilma fell in love with Joseph. Thus, Wilma went to a small
country in Europe, became a naturalized citizen of that country, divorced
Harry, and married Joseph. A year thereafter, Wilma and Joseph returned
and established permanent residence in the Philippines.
Is the divorce obtained by Wilma from Harry recognized in the Philippines?
Explain your answer. (3%)
In this kind of question, the examiner is leading you to the fact that, as a general rule, marriages in the
Philippines between Filipino citizens are not allowed to be subject of the decree of divorce. In this case, the
answer would be that the divorce obtained by Wilma is recognized in the Philippines. The answer may be
presented in either of the following ways:

(1)

The divorce obtained by Wilma from Harry may be recognized in the
Philippines.

Under the provisions of the Family Code, when one of the Filipino citizens
becomes a citizen of a foreign country, the marriage thereafter becomes one
which is mixed. When a marriage is mixed and the foreigner obtains a decree of
divorce, the divorce decree may be recognized in the Philippines.

In this case, since the marriage between Wilma and Harry was originally
a marriage between Filipino citizens which thereafter became mixed, the effect of
the same is that a divorce decree obtained by the foreigner will be recognized.

Henceforth, in this case, the marriage between Wilma and Harry may be
recognized.

(2)

The divorce obtained by Wilma from Harry may be recognized in the
Philippines .

Under the provisions of the Family Code, a divorce decree is not
recognized in the Philippines in instances of marriage between Filipino citizens.

However, under the same law, when one of the Filipino citizens becomes
a citizen of a foreign country, the marriage thereafter becomes one which is
mixed. When a marriage is mixed and the foreigner obtains a decree of divorce,
the divorce decree may be recognized in the Philippines.

In this case, since the marriage between Wilma and Harry was originally
a marriage between Filipino citizens which thereafter became mixed, the effect of
the same is that a divorce decree obtained by the foreigner will be recognized.

Henceforth, in this case, the marriage between Wilma and Harry may be
recognized.

Let us first remember that in answering questions which call for an application of the exception to the
rule, the same format is followed: i.e., conclusion, statement of the law, application, conclusion.

What is the distinction then between answer number 1 and number 2? It lies in the fact that the
statement of the general rule is made in number 2. Both answers are correct but what makes answer number 2
better in my opinion is the fact that the same goes into the mind of the examiner. How so? As I mentioned,
when an examiner crafts a question calling for the application of these exceptions, he tries to craft the question
in such a way that you, the examinee, will think that it is merely a question applying the general rules. If you
answer in such a way that you mention to the examiner that this is the general rule while this is the exception,
what is the effect? The effects are: 1) A more free-flowing answer to the question; 2) An impressed examiner
because in his opinion, you are a learn-ed person in the field of law.

Note, however, that in instances like these, if you do not know the general rule, proceed to answer as
stated in number 1. Otherwise, youd be someone who is boastful and yet foolish.

Lets get another example.

Crack agents of the Manila Police Anti-Narcotics Unit were on surveillance
of a cemetery where the sale and use of prohibited drugs were rumored to
be rampant. The team saw a man with reddish and glassy eyes walking
unsteadily towards them, but he immediately veered away upon seeing the
policemen. The team approached the man, introduced themselves as peace
officers, then asked what he had in his clenched fist. Because the man
refused to answer, a policeman pried the fist open and saw a plastic sachet
filled with crystalline substance. The team then took the man into custody
and submitted the contents of the sachet to forensic examination. The
crystalline substance in the sachet turned out to be shabu. The man was
accordingly charged.

During trial, the accused:

- Challenged the validity of his arrest;

Decide with reasons.

I would answer this question in the following manner:

The arrest of the accused is valid.

As a rule, an arrest obtained without a valid warrant of arrest is not valid.

However, as established in jurisprudence decided by the Supreme Court,
when an arrest is made through a stop-and-frisk, the arrest is valid.

In this case, since the arrest was made through a stop-and-frisk, the
policemen can arrest the accused even without a valid warrant of arrest.

Let us compare it once again:

The arrest of the accused is valid.

As established in jurisprudence decided by the Supreme Court, when an
arrest is made through a stop-and-frisk, the arrest is valid.

In this case, since the arrest was made through a stop-and-frisk as the
policemen believed that they had valid reasons to believe that an accused has
committed a crime, an arrest can be made even without a valid warrant of arrest.

In the end, it is you who will decide how to present your answer. As they say, you make your own bed.

Final words

The items contained herein are merely suggestions which are aimed at enhancing the students
chances to hurdle the bar examinations. The author personally utilized these methods and it proved successful
to him and all other persons who have requested his help on this topic.

I have some reminders which I wish to impart with you:

Unless you are 100 percent sure. DO NOT CITE AN EXACT NUMBER OR PROVISION OF LAW. We
have always been taught since our law school days to not cite exact numbers or provisions of law. Why is this
so? Because number 1, you might commit a mistake. Which is highly likely considering the pressure of the
situation. Errors are of the highest likelihood during pressure situations. Since I am a basketball player, let us
illustrate using a basketball analogy. Lets say for example you are practicing a lay-up in the gym alone. You
probably would make it 99 times out of 100 right? Well, that is you when you are answering a mock bar
examination. Now say you need to make a lay-up with a 6 footer jumping straight up in front of you while a 5-8
guard tries to strip you of ball possession. Some players would still make a layup right? But most would not.
That is you during the bar examinations.

Number 2, your examiner/corrector might just find you boastful for it. Imagine you are a lawyer of 15
years, what have you seen in your life? Probably all things you need to see as a lawyer. A humble lawyer, a
lawyer wet behind the ears, and a lawyer that is boastful. Which lawyer would you probably not like to see? Im
guessing the boastful lawyer. Now imagine you are tasked to correct 5-6,000 booklets of examinees trying to
become lawyers. What impression would someone who cites provisions of law, and not even verbatim, give out
to you? Probably that of the lawyer you least want to see. So please, try to take me up on my suggestion.

Since we are here on the subject of exact number or provision of law, follow my line of thinking and also
remember to NOT CITE A TITLE TO A CASE UNLESS YOU KNOW THE G.R. NO. OR THE SCRA
NUMBER!!! Same reasons above-cited apply.

Another thing, did I mention to you that you should cut your nails before the examinations? I
experienced firsthand how difficult it is to write at a fast pace and have long nails. My writing style is such that
after a period of time (and I discovered this during the bar exams! Imagine that, I had 5 years of law
school and I discovered this during my bar exams!) my nails began to hurt my thumb because it was too
long and it resulted in my nails having a tendency to cut my thumb the more I write. What did I do? I chomped
at my nails! The lesson as always, save yourself some trouble by cutting your nails before the bar exams.

Observe your margins. It produces a neat-looking examination booklet. It also allows for the examiner
to be able to read with peace of mind your answers. So always, observe your proper margins. Usually, an inch
on each side is enough. My advice is for you to bring a ruler, this way, you can be assured that you can
observe a straight and proper margin.

Finally, sleep sleep sleep. It is your most important tool to guard against mental block, anxiety and
even forgetfulness. When an individual has the full complement of eight hours or even six hours of sleep, one
can think clearly. Sharing from personal experiences, during my first, second and fourth Sundays, I was able to
sleep for a good 7-8 hours. I slept from 830pm to 4am. You can imagine the effects on me of a good nights
sleep. Oh, did I mention that I had trouble sleeping on the third Sunday? I can admit to myself that it was
nerves that got to me, knowing that Criminal Law and Commercial Law were my weakest subjects. What did I
do? I drank every possible item I could drink (beer, red wine, antihistamine). I was able to sleep for about 5
hours. What was the effect? The third Sunday produced my highest ratings for the bar.

Go figure.