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Techniques in Answering Bar Questions
Techniques in Answering Bar Questions
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
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:
1. b.
2. In the first, it is necessary that there be.., whereas in the second it is
sufficient
that there be .
2. In the former, while in the latter
4. The former requires while the latter
5. The case of (i.e. ejectment) lies with the Municipal Trial Court.
6. The case is cognizable by the (i.e. Regional Trial Court)
7. The case is covered by the (Rules on Summary Procedure).
8. 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
4. It is worth observing
6. More importantly, .
7. Significantly,
8. Corollarily,
9. Furthermore,
10. Moreover,
11. Similarly,
12. Parenthetically,
22. As regards
27. The language of the law leaves no room for doubt that,
30. For all its conceded merits, (i.e. equity is available in the absence of lawand
not as its replacement)
5. 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,
41. Likewise,..
42. In fine,
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,
61. Notably,
13. Decisive on the matter is the pertinent provision of the (i.e. Law on Property)
7. In one case decided by the highest court of the land, it was held that
8. In one case, the Supreme Court ruled that
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
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.
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)
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.)
11. It is a futile gesture on the part of the respondent to invoke the rule on
14. The position of the petitioner runs counter with the doctrine of
20. The court cannot countenance the (i.e. inconsistent postures of the
petitioner)
25. The actuations of the accused in (i.e. fleeing and hiding) negates
(i.e. innocence)
30. A contrary conclusion would erode the rule that provides in part that
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
petitioners 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,
3. Finally,
4. Hence,
5. Therefore,
6. From the foregoing, it can be deduced that there is really (i.e. a violation of)
8. Lastly,
9. Consequently,
16. Undoubtedly,
17. Indubitably,
18. Clearly, the case at hand falls squarely within the purview of
24. Clearly therefore, applying the aforecited ruling in the case at hand,
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)
32. In sum,..
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.
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 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. Dont 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.
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)
Answer each question one at a time. Focus on one question before thinking or
bothering yourself of the succeeding questions.
Dont blame yourself or dont panic if you failed to answer an item or two. Its
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 dont 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.
. Avoid erasures.
. Review your answers. Scan your booklet before submitting the same. Be sure
you have not left any question unanswered.
DISCLAIMER!!!
This is only a guide material and will not and cannot assure anyone of passing or
even topping the BAR. What is assured only is that it will greatly facilitate
the candidates presentation of his/her answers.