How to Answer

Essay-Type Questions
Solicitor Jose Angelo A. David
How to Answer Essay-Type
Questions
 Taxonomy of essay questions
 Anatomy of a good answer to an essay-type question
 Exam-taking skills
Competencies Assessed

 knowledge of the law and jurisprudence

 effective communication skills
The Supreme Court says:

 “In many instances, incorrect English is more

serious as a problem than the lack of precise
knowledge of law, and has been the cause of
high failure rates.”

 “Note that in a 5-point essay exam, the examiner

can give credit even if the answer is not exactly
correct but the answer is well-written and
logical.”
So, what is the Supreme Court looking
for in a bar exam answer?

 Answers to all essay-type question must be:

 logically and concisely presented,
 supported by legal basis,
 grammatically correct, and
 convenient to read.
Form

 Booklet must be neat.

 For erasures, strikethrough once. The petitioner is
correct.
 Answers must be legible.
 Observe Supreme Court rules and instructions.
Form

 Observe proper margins

 Observe proper spacing and indention
 Follow basic grammar rules, punctuation and
spelling
 See Strunk & White’s Elements of Style
Subject-verb agreement

 Incorrect: One of the requisite of judicial review is lis mota.

 Incorrect: One of the requisites of judicial review are lis
mota.
 Correct: One of the requisites of judicial review is lis mota.
 Incorrect: Petitioners is correct.
 Correct: Petitioners are correct.
 Incorrect: Andres have legal standing to file the petition.
 Correct: Andres has legal standing to file the petition.
Sentence fragments

 Incorrect: Treason is a ground for impeachment. While

rebellion is not.
 Correct: While treason is a ground for impeachment,
rebellion is not.
 Correct: Treason is a ground for impeachment. On the
other hand, rebellion is not a ground.
 Correct: Treason is a ground for impeachment; rebellion is
not.
Subjunctive mood

 Incorrect: If I was the judge, I will rule in favor of the

accused.
 Correct: If I were the judge, I would rule in favor of the
accused.
Voice and Perspective

 Incorrect: In one case decided by the Supreme Court, it was

ruled that psychological incapacity is characterized by
gravity, incurability and juridical antecedence.
 Correct: According to the Supreme Court, the characteristics
of psychological incapacity are gravity, incurability and
juridical antecedence.
 Incorrect: I firmly believe that the petitioner is correct.
 Correct: The petitioner is correct.
 Incorrect: I submit that the defendant is not liable.
 Correct: No, the defendant is not liable.
Form

 Introductory and transitional expressions.

 Abbreviations and acronyms
 Examples of abbreviations which are not allowable:
“w/c” for “which”, “bec.” or “coz” for “because”.
 Examples of allowable acronyms: “NCC” for the “New
Civil Code”, “FC” for “Family Code”, “RPC” for
“Revised Penal Code”, “SC” for Supreme Court
Taxonomy of Essay Questions

 Types of Essay Questions

 Objective type
 Hypothetical or Fact-based type
 Each type of question requires a different approach.
Answering Objective Type Questions

 Definition. What is the doctrine of res ipsa

loquitur?
 Enumeration. Enumerate the grounds for
dismissal of an ordinary civil action.
 Distinction. Distinguish psychological incapacity
from insanity.
Example of an Answer to an
“Enumeration” Question

BAD:
The President, the Vice-President, the Members of
the Supreme Court, the Members of the
Constitutional Commissions, and the Ombudsman
may be removed from office, on impeachment for,
and conviction of, culpable violation of the
Constitution, treason, bribery, graft and corruption,
other high crimes, or betrayal of public trust.
Example of an Answer to an
“Enumeration” Question

GOOD:
Article XI, Section 2 of the 1987 Constitution provides
for the different grounds for impeachment, as follows:
1. Culpable violation of the Constitution;
2. Treason;
3. Bribery;
4. Graft and corruption;
5. Other high crimes; and
6. Betrayal of public trust.
Example of an Answer to a “Distinction”
Question
Psychological incapacity may be distinguished from insanity as
follows:

As to their effect on the marriage, psychological incapacity

nullifies the marriage, while insanity is only a ground for
annulment of the marriage;

As to the time of their existence in order to be a ground to

terminate the marriage, psychological incapacity must be
characterized by juridical antecedence. On the other hand,
insanity need only affect the mental disposition of the party
during the celebration of their marriage.
Issue-Posing Type vs.
Issue-Spotting Type
 Both are fact-based questions.
 Issue-posing questions already provide the issue while
Issue-spotting questions do not.
What is an issue?

 An issue is the underlying problem or legal dispute.

 The resolution of the issue lays down the premise for the
correct answer to the immediate question posed.
 It is the “real” question.
Floyd Mayweather was walking in a dark,
unlighted alley along Mendiola at 11 p.m.
Suddenly, a masked man accosted him, pointed a
gun against his waist, and threatened to kill him
if he, Floyd Mayweather, did not surrender his
iPad mini. Floyd Mayweather swiftly got his Swiss
knife from his pocket and stabbed the masked
man to death.

It turned out that the masked man was his friend

Manny Pacquiao, that the gun was only a toy gun,
and that Manny Pacquiao was only trying to pull a
joke on Floyd Mayweather.

Is Floyd Mayweather criminally liable for the

death of Manny Pacquiao?
Floyd Mayweather was walking in a dark,
unlighted alley along Mendiola at 11 p.m.
Suddenly, a masked man accosted him, pointed a
gun against his waist, and threatened to kill him
if he, Floyd Mayweather, did not surrender his
iPad mini. Floyd Mayweather swiftly got his Swiss
knife from his pocket and stabbed the masked
man to death.

It turned out that the masked man was his friend

Manny Pacquiao, that the gun was only a toy gun,
and that Manny Pacquiao was only trying to pull a
joke on Floyd Mayweather.

Prosecuted for homicide, is mistake of fact a

valid defense on the part of Floyd Mayweather?
Issue-Spotting

Sarah was charged with murder. She applied

for bail. The trial court denied outright
Sarah’s application for bail on the ground
that murder, being punishable by reclusion
perpetua, is non-bailable.

Is the ruling correct? Why or why not?

Issue-Spotting

Sarah was charged with murder. She applied

for bail. The trial court denied outright
Sarah’s application for bail on the ground
that murder, being punishable by reclusion
perpetua, is non-bailable.

If you were Sarah’s counsel, would you seek a

reconsideration of the trial court’s order?
Issue-Posing

Sarah was charged with murder. She applied for

bail. The trial court denied outright Sarah’s
application for bail on the ground that murder,
being punishable by reclusion perpetua, is non-
bailable.

Did the trial court err in not conducting a

hearing prior to the denial of Sarah’s application
for bail?
Answering Fact-based Questions

 Use the EDGE Approach

 Express answer in Yes or No (when applicable)
 Discuss Legal Basis
 Go down to the Facts
 End Answer with Conclusion
Express Answer – Yes or No?
 Address the immediate question being asked.
 Use the echo method.
 Examples
 Q: Is the petitioner correct?
 A: No, the petitioner is not correct (in contending that …)

 Q: As counsel for the plaintiff, what legal action will you

take?
 A: As counsel for the plaintiff, I would file a motion for
reconsideration of the court’s judgment (nullifying the
marriage between the parties.)

 Q: Decide on the motion filed by the respondent.

 A: The case should be dismissed (because of res judicata.)
Discuss Legal Basis
 Introductory terms
 Generic: “Under the New Civil Code, …”, “Under
the law, …”, “It is a well-settled rule that …”, “The
Supreme Court has held that …”
 Specific: “Article 14 of the New Civil Code provides
that …”, “In the case of U.S. v. Ah Chong, the
Supreme Court held that …”, “The Supreme Court
has ruled in the case of Cui v. Arellano University
that …”
Go down to the Facts
 Apply the law to the given set of facts.
 Transitional terms:
 “Here …”, “In this case …”, “In the case at bar …”, “In the
problem …”, “Based on the facts, …”, “Applying the law, …”
 Be consistent. Use the same concepts or terms that
you cited in your legal basis.
End Answer with a Conclusion
 Transitional terms:
 “Therefore, …”, “Thus, …”, “Hence, …”, “To
conclude, …”, “In conclusion, …”
A and B, both Filipino citizens, are married.
While in the USA, they obtained a divorce
decree. One year thereafter, A married C in
the USA where the marriage is valid. Is A’s
marriage with C valid in the Philippines?
Questions to be addressed

 Immediatequestion: Is the marriage

between A and C valid in the Philippines?
 Underlying legal issues:
 Intermediate
question: Does the marriage
between A and B still subsist?
 Ultimate question: Is the divorce decree in
favor of and B secured abroad valid?
 No, A’s marriage with C is not valid in the Philippines.

Article 41 of the Family Code states that “a marriage contracted by

any person during the subsistence of a previous marriage shall be null
and void.” Further, Article 15 of the Civil Code states that “laws relating
to family rights and duties, or to the status, condition and legal capacity
of persons are binding upon citizens of the Philippines, even though living
abroad.”

Here, A and B, both Filipino citizens, are bound by Philippine law

under which law, A and B cannot validly resort to divorce to sever their
marriage ties, even though secured abroad. As such, the marriage
between A and C was contracted during the subsistence of a valid
marriage between A and B.

Thus, the marriage between A and C is not valid in the Philippines.

 No, A’s marriage with C is not valid in the Philippines because such
marriage was contracted during the subsistence of a valid marriage
between A and B.

Article 41 of the Family Code states that “a marriage contracted by

any person during the subsistence of a previous marriage shall be null
and void.” Further, Article 15 of the Civil Code states that “laws relating
to family rights and duties, or to the status, condition and legal capacity
of persons are binding upon citizens of the Philippines, even though living
abroad.”

Here, A and B, both Filipino citizens, are bound by Philippine law

under which law, A and B cannot validly resort to divorce to sever their
marriage ties, even though secured abroad.

Thus, the marriage between A and C is not valid in the Philippines.

 No, A’s marriage with C is not valid in the Philippines
because under Article 41 of the Family Code “a marriage
contracted by any person during the subsistence of a
previous marriage shall be null and void.”

Here, by virtue of Article 15 of the Civil Code, A and B,

both Filipino citizens, are bound by Philippine law which
prohibits Filipinos from resorting to divorce to sever their
marriage ties, even though secured abroad. Thus, the
marriage between A and B subsists.

Considering the foregoing, the marriage between A and

C is not valid in the Philippines having been contracted
during the subsistence of the marriage between A and B.