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BAR PREP - Ready - Set.Pass - Handbook by Philippine Association of Law Schools and Rex Education - Digital
BAR PREP - Ready - Set.Pass - Handbook by Philippine Association of Law Schools and Rex Education - Digital
Episodes 1 and 2
Tara Kape Tayo, and Anong Ginagawa Ko?
August 16, 2021
https://fb.watch/8Li52RoEun/
Episode 3
Dear Self, Kaya Mo Yan!
August 23, 2021
https://fb.watch/a2OsXheGUw/
Episode 4
Oo na, Sasagutin na Kita
August 30, 2021
https://fb.watch/a3NTdk-aJh/
CONTENTS
Dedication ........................................................ i
Introduction ...................................................... ii
Get into the Bar Mindset .............................. 1
Why You Can (and You Will) Do This .......... 8
How to Best Answer the Bar Questions .... 17
References ....................................................... 24
Acknowledgments .......................................... 25
Get to Know Our Speakers ........................... 26
DEDICATION
Very few events are as memorable to lawyers as when they took
and passed the bar exam. All those years of toil and burning the
midnight oil, countless essays, and Socratic recitations, all culminate
in that day when they are weighed against the expectations of the
legal profession.
To the bar takers, it has been our great pride and joy to have been
with you on your journey, as it will be our greatest honor and
pleasure to continue journeying with you as legal professionals.
i
INTRODUCTION
Preparing for the bar exam is not easy—you need to prepare
academically, physically, financially, spiritually, and mentally.
This time, however, the struggle is compounded by the fact
that the bar exam in January 2022 will be taken amidst the
pandemic. Not a few bar takers have shared with me their
apprehensions—that while they truly wanted to study, they
couldn’t seem to get started, given the daily challenges and
stresses brought about by the pandemic.
Here’s the thing: There will be bar takers who will pass
the exam and become lawyers next year despite all these
difficulties. One can give you a hundred reasons why you
should not take the exam during this pandemic; another can
give you a hundred reasons why you will fail when you take it
during this pandemic. However, there is that voice deep inside
you that will give you a reason why you will make it, and why
you will pass the exam and become a lawyer next year despite
the pandemic. My question to you, then, is to which voice will
you choose to listen?
ii
Rex Edukampyon and the Philippine Association of Law Schools
(PALS) have lined up the following online events, free of charge,
every Monday in the lead-up to the bar exam until October, for the
benefit of all bar takers:
iii
GET INTO THE BAR MINDSET
WELLNESS FIRST!
Self-Care Is Key
Bar prep is a marathon. It’s all about pacing ourselves so that we peak at just the right
time, mindful that the threat of a burnout is very real. Health and wellness will always
give us a leg up in this endeavor. Nevertheless, it’s different strokes for different folks.
We must find our sweet spot—or whatever it takes to set our mind and body up to
the task.
Dean Festin shares with us key points for optimum mental health.
Learn lessons from our mistakes: Remember that life’s greatest lessons are usu-
ally learned at the worst times and from the worst mistakes.
Right words matter: Let’s be wise in choosing our words. Positive and negative
words not only affect us on a deep psychological level but they have a significant
impact on the outcome of our lives.
Choose the right attitude: Let’s think happy thoughts and practice happy thinking
every day.
Realize the power of visualization: Imagine how well we will react to difficult
questions in the bar exam; let’s see ourselves composed rather than in a state of
panic.
1
GET INTO THE BAR MINDSET
Most importantly, he urges us to travel light, to “meet today’s problems with today’s
strength.” Anxiety splits our energy between today’s priorities and tomorrow’s
problems. If part of our mind is on “now,” the rest is on the “not yet,” the result is
half-minded living—and that state of mind will not serve us well on exam day. He
adds that we must be passionate in pursuing our dream, our goal. Excitement alone
is not enough. We must be tough before the “winds and the waves of the seas
confronting us.”
Which is why good physical health, especially during bar prep, is crucial, as it helps
strengthen our mental faculties too.
Thirty minutes to an hour of exercise every day is always good. Dean Ismael shares
his personal experience: “There were times I jogged at 10:00 p.m or even later. As
the date of the exam neared, it was getting harder to sleep. So no matter how late
the hour, if I was sleepless, I ran one or two or three rounds in Sunken Garden
[at the University of the Philippines-Diliman]—but that was not just purely exercise.
I combined exercise and study. [While exercising] I memorized some important
principles and laws like the Constitution, the Code of Professional Responsibility,
and the Code of Judicial Ethics. While running I was memorizing and I wouldn’t stop
running until I completed everything that I have memorized. So, it was hitting two
birds with one stone. And I did that, even during pre-week.” To keep the cheer, he
said he kept this in mind—“Di bale ng ‘di maka-answer, basta I have to look good [Never
mind if I didn’t answer all the questions. At least I looked good, no matter what].”
In contrast, for Dean Hofileña, achieving mental wellness (and acuity) consisted of
sleeping and resting, and consciously cultivating a relaxed state of mind. He reviewed
with his study group and they all ended the day by attending Mass, making sure to
close their books by 6:00 p.m. “We’re trying to remember so much information where
if we work too long, we eventually hit a point where it’s to our detriment to keep on
studying.” Says Dean Hofileña: “If I didn’t know these things by then, I would never
ever know them.”
Dean Layug, on the other hand, took advantage of his heightened need for seclusion
while studying by eating foods that made him happy, on top of getting regular
exercise. Keep it fun, too, he tells us, lest we fall into the trap of taking things too
seriously.
2
Coping with Covid-19 and the Emerging Norms
Many lawyers are quick to say that taking the bar exam is among the most challenging
experiences of their lives. Taking the exam in the midst of a pandemic—online—has
certainly raised the stakes. Today, we are being asked to dig deep into our reserves of
resilience, perseverance, and creativity.
Count your blessings, Dean Layug reminds us, and work with these. Sometimes
restrictions bring out fresh approaches to problems.
“[The times] call for adjustments and we all have to adjust,” says Dean Hofileña.
“[Creative thinking is required] to overcome [these] challenges. Understand what you
have and what you don’t have.”
Dean Ismael says we must learn to live with the new reality: “This pandemic is not
going to end any time soon. Recognize your limitations and make yourself understand
that this is now a different setting. Try to create your own space or try to study with
your friends virtually.”
They also welcome the new developments. Dean Hofileña says he sees “the value
in [the digitalized] exam, especially in this generation,” an idea whose time has come.
“The only struggle [here] is to comply with the requirements/equipment that meet the
standard of the digitalized exam,” says Dean Layug. “We can never stop innovation
so I’ll go for it.”
3
WE CAN PASS THE BAR!
Dean Layug admits that his first motivation was his parents—“Since the age of three
I had been coaxed by my parents to become a lawyer”—so the time had finally come.
His secondary motivation was for himself: “I [had] to pass, because [otherwise] I’d
be the only [one] among [my] friends who [failed]… I was surrounded by really smart
classmates, so I wanted to make sure that I passed.” And to do that he knew early on
that there would be no magic bullet—just hunker down to work; study.
Dean Ismael urges working students preparing for the bar to optimize the time avail-
able to them. “Make a decision two months before the bar, if possible, to negotiate
with your employer [so that you] can review full time,” he says. “Be strategic in choos-
ing the material to be used in the review. Start saving as early as on your third year
in preparation for the bar exam so you could afford not to work during the 5th and
6th months of preparation.”
4
‘‘ALWAYS DO YOUR BEST;
THE REST IS UP TO THE LORD.”
Then, of course, there are our personal bests. He recounts that there certainly had
been an extra challenge in that he belonged to the so-called pioneer batch of 2006 at
[the University of Cebu]. “There were a lot of expectations [I’d graduated magna cum
laude] that I had to isolate myself [to study and move to Manila], limiting my commu-
nication only with my parents and the school dean. They also have this concept of
‘bar bet,’ which I only found out after graduation.” That alone was more than enough
motivation for Dean Ismael to keep pushing and study harder.
His greatest takeaway from the experience? Always do your best. “As long as I’ve
given my best, [the rest is] up to the Lord.”
Dean Ismael reminds us to keep our hair on and carry on: “If it doesn’t work, it doesn’t
work. Your focus should be reviewing for the exam. Know your priorities.”
Dean Layug says that partners are often part of a good support system, and in a
highly stressful situation such as this, they must be able to understand and back us
up on our decisions. There’s always that celebration—in a real bar—to look forward
to when the exam is over.
Dean Hofileña urges us to make our partners understand the importance of the bar
exam. This way, the pair would be sure to keep an eye on the prize.
5
ON EXAM DAY
For his part, Dean Layug says he puts a premium on memorization: “Let’s not
underestimate the power of memory, especially when we talk about codals. I recall
being so tired studying for a week that I simply dropped the book and [repeatedly
reviewed] my codals… while eating with my daughter, so that helped a lot.”
And while he couldn’t recall any question he may have failed to answer, if he wasn’t
sure of the answer, he would “cite a particular provision.” That likely added up
because he passed the bar, with a caveat—he made sure not to talk to others about
the questions that were asked. “Because I [didn’t] want to feel bad,” he said.
When discussing the bar exam in class, Dean Ismael would make it a point to share
helpful tips on how to score well. He says: “So, first, if you encounter a question
that you don’t know the answer to, then just try to get a decent answer [in]. Do not
leave any items unanswered. As a matter of fact, in my class, I give a deduction if you
leave [any unanswered]. Second, I recall one question in criminal law: I had not been
able to review the answer to that question while reviewing for the bar examination,
but [I remember it having been] thoroughly discussed in class. So, again, I always
emphasize to my students how important it is to attend classes regularly.”
Dean Ismael goes on to remind us that we need not beat ourselves up if we come
across items in the exam that we haven’t exactly prepared for. Because, indeed, it is
impossible to cover everything that we have been studying for at least three years.
“Don’t feel bad about it,” he says. “Just pray. Every time I encountered a question
that I didn’t know the answer to, I paused, I prayed, and then I opened my eyes. Then
I knew already how to write… a decent answer.”
6
We Are What We Eat
We want to be as unfettered as possible on the day of the exam so that our minds
are clear and our hearts are light. That’s why we can’t let a complicated meal clutter
our thoughts and our tummies.
The ideal baon (snack), according to Dean Layug, would be “anything with sugar.”
Dean Hofileña thinks a sandwich is a good choice because we won’t be needing
utensils. Dean Ismael cautions against sticky foods (for obvious reasons); he adds that
water is perfectly fine if we don’t feel like we can’t be bothered scarfing down food.
Then we find out that we made it: Time to pass around gratitude to those who
helped us through, and give praise to our desires’ alignment with the Universe.
Both Deans Layug and Hofileña agree that this is one of life’s happiest moments. ”It’s
really such a joyous instant—and to see your parents twice as happy as you are,” says
Dean Hofileña.
Dean Ismael chimes in with a sobering anecdote: “I ended up working after taking
the bar to support myself. I was the last person to know when the results came out
because I [had] lost my phone.”
7
WHY YOU CAN (AND YOU WILL) DO THIS
By this time, you (must) already know what works for you and what doesn’t—how you
absorb information, how you learn, how you thrive, and how you retain knowledge.
You recognize your strengths and your weaknesses. You also know what stresses you
and what calms you.
This time and for the first time in (Philippine legal) history, the bar exam will be taken
digitally. Look at the bright side. You will be a witness and a pioneer to what has never
been done before.
• You are reviewing for the bar in the comforts of your home or private place.
• You will submit your application requirements online; there’s no need to go
.. to the Supreme Court.
• You will take the bar in a local site.
• You will take the bar using your laptop, in place of a test booklet and a pen.
• You will answer straightforward questions without any sub-questions.
• You will be graded from 0 to 5 for every question.
Make the good stand out. Be in control to have the best chance to balance your
being—physically, mentally, emotionally, and spiritually, for the bar. The wait is over,
especially for those who were supposed to take the bar in 2020. You have every
opportunity to pass the bar.
WHY?
• You are a scholar of the law.
• You have prepared for the bar. You are preparing for the bar.
• You have made the conscious effort to take the bar.
• You believe in yourself.
8
WHAT NOW? GET READY, SET…
No. 1 to Remember
Manage Stress
Assess yourself. Knowing your stressors, those stimuli that have the potential to
trigger a fight or flight response in you, what do you do? Do you fight or flee? Do you
combat it or totally disregard it? Sometimes, you don’t always fight or win a battle,
but you manage.
Example: Stressor: Waking up at 7:30 am instead of 6:30 am, depriving you of 1 hour
of early study
Thoughts: “I can’t wake up late; I’ll lag Thoughts: “No problem. I’ll just
behind my review.” shorten my breaktimes to 30 minutes
for 2 days to make up for the ‘lost’
time.”
Stress reactivity: Muscles become Stress reactivity: None
tense; perspiration occurs; heart
beats fast
Strain: Stomach upset; headache Strain: None
9
This is one example of how you manage stress. Stress management is not about
eliminating stress, but it is about limiting its impact, its harmful effects on you, so the
quality and vitality of your life remain. And why do you need to do this, to maintain
the quality of your life, your vitality, your energy? Doing so will help ensure your peak
performance, in this case, especially for the bar exam.
For the bar exam, you cannot peak by October (when the exam is in January). You
cannot “torture” yourself and do all things at once. Recognize that it has to be a gradual
but confident climb—when you are in your optimal health and overall wellness.
BODY
Maintain healthy habits. Eat good food, exercise, be active, see friends and
family, and have enough rest and sleep. If you have access to safe massage
(given the pandemic), this is also an option. The important thing is… you have
a break. Be consistent.
Sleep well. Sleep is an important aspect of your body and mind conditioning
and your schedule. If you’re sleep-deprived, your brain cannot absorb much.
While 7 or 8 hours of straight sleep may not be doable, snatch up an hour or
two during the day. Recognize the signs and what your body tells you… and
listen.
10
Boost your immune system. Now more than ever, with Covid-19, you
have to be extra careful. Take steps to prevent illness and physical harm. Get
vaccinated. Take vitamins and supplements to keep your body in the best
condition possible.
Watch out also for coping mechanisms that may offer fleeting relief
(drinking, binge eating, watching TV, etc.), but may harm in the long-term. Don’t
succumb. Avoid harmful habits, such as smoking and excessive drinking.
MIND
Stay focused. Ask those around you about what you need from them to help
you concentrate, for example, your personal and physical space. If there are
no other distractions, this will help you cope, focus, and thrive. Another is on
scheduling some activities, for example, on unwinding. Make sure you practice
self-control and that you have an opportunity to recover from too much
unwinding, if it happens. If you went for a Saturday night out and slept through
the whole Sunday, then you’ll be too tired to study for the remaining hours
that day. Factor-in the recovery period. Actually, if you can, avoid too much of
anything at once. Make that conscious effort and recognize that like your body,
your mind can only do so much, too. Concentrate on you! Be strong.
11
SPIRIT
Nurture a healthy spirit. This involves your values and beliefs that help you
be enlightened. This is also where service to others resides and so do your
sense of ethics and your honesty, and your relationship to those around you.
Relationships help nurture your spirit. It’s also about your purpose in life, your
legacy, and how you fit into this universe.
Know yourself. What relaxes you? What gives you joy? Are you a nature
person? Are you a pet lover? Is it music? Is it art that moves you? Create time for
yourself: be it meditation, walking, playing with your pets, listening to music…
All these things are important because they are interconnected; they
are connected to your health. Understanding the connection and doing
something about it lend to a healthier you—ready and set to cope with stress
and even thrive in stressful situations; living in optimism and succeeding.
When you are faced with a stressful situation, do you have frequent headaches or
stomach pains? Do you find it difficult to relax? Are you always agitated because “I’m
not done yet; I’m really not done yet.” Are you easily upset, depressed, or irritable?
The reason could be that you’re unsure of certain things or you have not found
time to assess what you’re doing or what your purpose is. Allow time to understand
yourself.
Give yourself permission to feel several different emotions, but learn strategies to
pull yourself out of a slump. If you’re sad, allow yourself to be sad. Deal with the
emotion. Bounce back. You may not be able to prevent or overcome a worst-case
scenario, but you can diminish its effects on you. Be aware of what you’re going
through. Ask for help, and also, be kind to yourself.
12
2. Dispute negative thoughts: Be hopeful, positive, and optimistic.
Challenge yourself to overcome self-defeating thoughts and replace them with
positive, realistic, and hopeful thoughts. We need to change negative thinking to
confident, optimistic thoughts and actions. You have the power to do that. Why
say, “We will never make it. It is always so difficult”? Why imagine the worst possible
outcome? Negative thinking can lead to a negative self-fulfilling prophecy. Affirm
yourself instead and say, “I’m going to make it. I’m going to pass.”
Go back to the stress profile vs. the healthy profile example. Which side do you want
to take? Reflect. Think of all the things you have achieved and overcome so far: For
one, you’ve already completed your law degree!
If it’s not possible for you to do certain things physically, visualize. Picture yourself
succeeding. Familiarize yourself with the bar venue. Know how you’re going to get
there. Minimize or eliminate the unknowns, such as the time to get there and the
traffic. Know your room assignment. See yourself confidently entering the exam
room, looking into the test items, answering all the questions… You are doing it and
you’re succeeding!
A support system can also be your virtual study group… giving you a sense of security
and motivation just seeing them in a Zoom meeting perhaps… For some, you may
be better off studying on your own, but it doesn’t mean you don’t have a support
system.
Talk to your families and friends. Share with them where you are in your preparations
and ask them how they can be or how they are a part of your journey. Don’t lash out
on people. This may limit or shrink your support system.
13
5. Rehearse (going to the bar exam). If physical practice is not possible, visualize.
Rehearse using your laptop. Simulate taking the exam. Simulate the exam atmosphere,
as if you’re already taking the bar. Practice answering bar questions and type your
answers on your computer or laptop. Time yourself in the process.
7. Plan: Be organized.
Plan your day; be organized; and work on solving problems instead of contemplating
on unfavorable outcomes, whether real or imagined. Seek solutions.
Devote some time each day to review how your day unfolded and how it’s about to
end. Channel your energies toward solving problems you still can before the day’s
end and to accept that tomorrow is another day to pick up the pieces. Focus on being
productive for the day. Work on unresolved problems the next day.
8. Keep a journal.
Yes, keep a journal, be it the usual planner or your digital notes in your mobile phone.
It may be difficult to do for some, but taking notes, and not just mental ones, helps.
What you write could be words or phrases that strike you… a sentence or two that
remind you of what needs to be done. Keeping a journal can also help keep you
honest—when you need to go back to records of your days, some events, and how
you handled certain situations.
10. Pray.
Finally, start and end your day with a prayer of thanks. When you feel overwhelmed,
take the time to pause and take time to pray. Just ask… whoever you believe in or
your faith encourages you to talk to… and help clear your mind. Pray for help.
14
Some Things to Consider When Taking Digital Exams
While you’re probably quite proficient in using computers, you can never be too sure.
The following tech prep may help:
• Shut down all other programs not needed during the exam.
• Set the window size of your computer screen and practice fixing any resizing
so that you don’t accidentally cause the test to reload.
• Use only the allowed (computer key) functions when taking the exam.
• During the (actual) exam, be mindful of and follow all the instructions,
especially those that relate to the digitalized setup—the buttons or keyboard
functions, how to go about each question and how to put in your answers,
• Click Submit only once at the end of the test, and confirm that the test was
received.
Doing the above can help you become more comfortable before and during the
exam.
15
EARLY DAYS AND SELF-AFFIRMATION
You’re all ready and set. If you can, start your days early to avoid rushing things; have
all the time you need to do the things you need to do; and you can end your day
early, too. Keep to your daily schedule, so you get used to the routine leading to the
bar exam dates.
Declare yourself a winner and do not incite self-doubt and discouragement. You can
say, “I’m someone who succeeds. I can do this!” Your mindset is your mental attitude.
Set your mind for success: Fill your mind with thoughts of passing the bar.
A REFLECTION
Atty. Fernan Cayosa shares this reflection: Every person is born with purpose. The
purposes of a person’s heart are deep waters, but one who has insight draws them
out (Proverbs 20:5).
Why are you taking the bar? There is purpose there. Are you in the right place at
the right time? Are you ready to safeguard people’s rights? Do you want to make a
difference?
All the more reason that you should be encouraged to study and to work hard to be
the best you can be, to become the healthy you that you need to be at your peak
performance when you take the bar.
With anything you aspire for—you put your heart, mind, body, and spirit—all in. Then
it becomes something you will be able to do, to achieve, to overcome.
16
HOW TO BEST ANSWER THE BAR QUESTIONS
Atty. Lardizabal cites Bar Bulletin No. 25, S. 2021 that details the instructions to the
Bar examiners and explanation of the computation of scores in the 2020/21 bar
examinations. Its contents are extraordinarily apropos; some parts are shared here
so prospective bar takers can digest and exploit their benefits until the bar exam in
January 2022.
The 2020/21 Bar Examinations will maintain the integrity of the basic nature of the Bar
Examinations. They are qualifying licensure exams whose purpose is only to facilitate entry into
the legal profession by those who possess and manifest the requisite minimum for inclusion in
that profession.
The table that follows specifies the grading system. The details are quite clear and
expected to serve as a guide to bar takers.
17
Incorrect; or even if invoking
some correct legal bases,
3 Correct simultaneously invokes
other incorrect, inapplicable,
and/or inappropriate legal
bases
18
‘‘YOU’RE NOT ACTUALLY COMPETING
WITH OTHER EXAMINEES.
IT’S ABOUT YOUR PERFORMANCE.”
Atty. Lardizabal most aptly puts it: “... I’ve been emphasizing that [the] Bar examination
is not a competition. You’re not actually competing with the other examinees. So,
it’s about your performance. You will be graded based on your performance. If you
deserve to pass the Bar examinations, then that will be determined by your answers
in the bar questions hindi doon sa performance ng iba.” [not by others’ performance.]
In its January 4, 2022 Resolution, the Supreme Court En Banc has resolved pro hac
vice to: (a) reduce the coverage; and (b) shorten the duration of the 2020/21 Bar
Examinations to only two days: January 23, 2022, Sunday; and January 25, 2022,
Tuesday.
Knowing the percentages allows you to see the weight of each subject and how
gaining or securing high points on subjects with high weights can positively impact
your standing.
19
REMEMBER THESE WHEN YOU ANSWER
Your words, just the right amount, are key: Make them count! Straightforward
means direct, exact, and clear-cut. It’s all about being easy to understand; being
uncomplicated.
Law–Language–Logic: The bar exam is a test of your knowledge of the law. Your
answer should have correct legal basis; with no major grammatical lapses or flaws in
communication; and is logical or with adequate reasoning and coherent.
Remember: Say “yes” or “no” and cite the law. Achieve more with less using
only words that matter. Be clear and logical. Focus on substance, not form.
Answer in complete, succinct, clear, and polished manner.
From zero to five: numbers don’t lie! “5” is your number, the maximum merit you
can gain to an answer. Go for 5, but don’t forget the in-betweens. One, two, three,
and four points also make a difference.
20
KNOW THE ANSWERS AND HOW
Criminal Law
Question: Without permission or consent, A took a pencil from his seatmate B.
Later on, A returned it to B. Was theft committed? Explain briefly.
Answer: Yes, all of the elements of crime of theft are present. The essential elements
of theft are (1) taking of personal property; (2) the property taken belongs to another;
(3) the taking was done without the owner’s consent; (4) there was intent to gain; and
(5) the taking was done without violence or intimidation of the person or force upon
things. It is not an exempting or justifying circumstance to return the thing taken.
[This example shows the answer to be straightforward and concise as Justice Leonen
prefers it. In one of his tweets, he says “Plain English matters: direct, no flourishes, no
abbreviations, either. Simple, but not simplistic.”]
Legal Ethics
Question: X, a civil service eligible, filed a petition to apply as notary public, invoking
as her sole credential her civil service eligibility. Should the petition be granted?
Explain briefly.
Answer: No. There is no showing that the petitioner satisfies all the requirements
to be eligible for commissioning as notary public, particularly that she is a member of
the Philippine bar. Thus, the petition should not be granted.
[According to Justice Leonen, an answer like this deserves five points. He noted that
listing all the qualifications is an optional addition. Why spend time providing the list
of qualifications if a simple answer will already deserve five points.]
Remedial Law
Question: Z filed a complaint for forcible entry against Y before the Regional Trial
Court of Isabela. Can the Regional Trial Court dismiss the complaint for lack of
jurisdiction? Explain briefly.
Answer: Yes. Under the law, metropolitan trial courts, municipal trial courts,
and municipal circuit trial courts have exclusive original jurisdiction over cases of
forcible entry and unlawful detainer. Here, the Regional Trial Court of Isabela has no
jurisdiction over the complaint for forcible entry and can therefore dismiss it outright.
21
[Yes is the response or Answer to the question. Then the Legal basis is under the
law, metropolitan trial courts... have exclusive jurisdiction over cases of forcible entry and
unlawful detainer. Application or Analysis: Here, the original trial court of Isabela
has no jurisdiction... and can therefore dismiss it outright. If you’re trained to answer
using the ALAC format, it’s okay. In fact you have ample time to make it simpler. If
you notice, Justice Leonen also answers this using the ALAC format, except “C” for
Conclusion given the completeness of the response.]
Civil Law
Question: Stevie was born blind. He went to a school for the blind and learned to
read in Braille. He speaks English fluently. Can he act as a witness to a will? Explain
briefly.
Answer: No, he cannot act as a witness. The law provides that a witness must not
be blind, deaf, or dumb. His blindness renders him disqualified.
[The answer can still be shortened by deleting the last sentence because the first two
sentences are sufficient to merit five points.]
Criminal Law
Question: Francis and Joan were sweethearts, but their parents had objected to
their relationship because they were first cousins. They forged a path in writing to
commit suicide. The agreement was to shoot each other in the head, which they did.
Joan died. Due to medical assistance, Francis survived. Is Francis criminally liable for
the death of Joan? Explain briefly.
Answer: Yes, Francis is liable for the death of Joan. Francis committed the crime
of giving assistance to suicide. Under the law, a person who shall assist in order to
commit suicide, to the extent of doing the killing himself, shall be liable for the death
of the person assisted.
[Atty. Lardizabal notes that this answer is already straightforward but it can still be
improved (and shortened) by deleting Francis is liable for the death of Joan. The legal
basis is still present.]
Legal Ethics
Question: State, with a brief explanation, whether the judge concerned may be
sanctioned for the conduct stated below: refusing to inhibit himself although one of
the lawyers in the case is his second cousin.
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Answer: No, the judge may exercise his right to take cognizance of the case. The
prohibition provided by the rules as a ground for mandatory inhibition is relationship
within the fourth civil degree with the counsel. The second cousin is within the fifth
civil degree.
[Atty. Lardizabal explains that her answer (in the 2008 bar exam) can still be improved
by removing those words in the first sentence (i.e., the judge may exercise his right to
take cognizance of the case) that may be considered a surplusage.]
Answer: (a) Ace Cruz is entitled to receive cash dividends for all his subscribed shares
of stock. His shares, although partially unpaid, are not yet delinquent, hence, entitled
to receive the cash dividends due. (b) No, Ace Cruz cannot compel the corporation
to issue a stock certificate. The subscribed shares of stock are considered indivisible
such that a certificate of stock cannot be issued unless the share has been fully paid.
[There’s a response to the question and there’s a legal basis provided: a straightforward
answer to a straightforward question.]
Answer every question. Believe you can do it. Become that full-fledged
lawyer you dream of and practice the law.
23
REFERENCES
APA Dictionary (nd). Peak performance, https://dictio-
nary.apa.org/peak-performance, accessed September
20, 2021.
Wind A. Gavanzo
EDITORS
Jocelyn de Jesus
Petula C. Ferrer
BAR OPS PILIPINAS 2020-2021
THE BEST BAR EVER WEBINAR LECTURE SERIES
GET TO KNOW OUR SPEAKERS
26
Dean Jose M. Layug Jr. is the dean of the
University of Makati School of Law. He also
teaches at the University of the Philippines
College of Law. A senior partner at Puno and Puno
Law Offices, he has served on the energy boards
of both the private and public sectors, and was
chairman of the National Renewable Energy Board
from 2016 to 2018. He is a former international
legal consultant for the Asian Development Bank.
He received the prestigious William T. Coleman
Award in 2008.
27
Atty. Judy Almanza Lardizabal is a lecturer
in Civil Law, University of the East MCLE, and
the Philippine Law School MCLE. The 2008 bar
topnotcher is a partner at the Buban & Lardizabal
Law Offices and a part-time law professor in
the law colleges of the Polytechnic University
of the Philippines Manila, San Sebastian
Recoletos Manila, University of the East Manila,
Pamantasan ng Lungsod ng Maynila, and the
Manila Adventist College. A double-degree
holder (the other being a BS in Social Work),
Atty. Lardizabal placed third in the 2002 Board Examinations for Social Workers.
She is a member of the Board of Trustees of the Nayong Pilipino Foundation and is a
litigation lawyer for the Government Service Insurance System.
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