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Techniques in Answering Bar Questions by Atty. Rey Tatad Jr. Reason/S Behind The Law
Techniques in Answering Bar Questions by Atty. Rey Tatad Jr. Reason/S Behind The Law
Techniques in Answering Bar Questions by Atty. Rey Tatad Jr. Reason/S Behind The Law
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
2. In a nutshell, the following are the elements of the crime of
3. The following elements are generally considered in the determination ofthe presence of (i.e.
employer-employee relationship)
4. 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…
6. In order that a case for (i.e. B.P. 22) to prosper, the following elements must be
attendant/present:
7. To constitute (i.e. homicide), the following requisites must concur:
8. (i.e. Legal compensation) requires the concurrence of the following conditions:
9.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:
2. In the first, it is necessary that there be….., whereas in the second it is sufficient
that there be ….
3. In the former, … while in the latter…
4. The former requires … while the latter…
5. … on the other hand ______________ is…
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)
3. 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…
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 from my 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…
23. 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,…
35. 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),…
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.”