FIVE CARDINAL RULES

(AND OTHER TIPS)

IN TAKING THE BAR

THE BAR REVIEW

RULE 1: PREPARATION IS EVERYTHING

The greatest secret in passing the bar is no secret at all: Preparation.

Preparation. Preparation.

You are about to take the most difficult licensure exam in the
Philippines (perhaps in the world). Four Sundays. Morning and afternoon.
Eight exams. There’s nothing like it or even close to it in the Philippines.
You will probably never take an exam like it ever again in your life.

And the key to passing it is thorough preparation in everything.

Prepare your funds. You have to have a budget that will cover the
period of the review as well as the four Sundays of the bar. You cannot
afford to run out of money in the course of it all. Money problems are a big
distraction (that’s an understatement).

If you will review in Manila, choose your boarding

house/condo/apartment carefully. It should be as near as possible to your
review center as well as the venue of the bar exams (UST campus). Manila
is notorious for its horrendous traffic.

Prepare your living and studying arrangements, especially if you are

reviewing in Manila. Discuss living and studying arrangements with your
review-mates. Make sure your study and living habits are compatible. Do
you study with music while your companion cannot study with it? Do you
take frequent breaks from study but your roomamte doesn’t? And so on.
 If you can afford to bring all your textbooks, well and good. But the
essential books you will need are: “codal provisions” and reviewers. These
two are sufficient for every bar subject. When it comes to other textbooks,
you can assign specific textbooks for each review-mate in your group to
bring so you don’t have to all bring the same textbooks. It would be like a
having a small library for your review group.

Prepare your body: have a general check-up with your doctor before
you leave for Manila. Have your teeth checked: resolve cavities and other
dental problems before you leave for the review. Do you need maintenance
medicines? Medical and dental care in Manila can be very expensive.

Be flexible in planning. Leave room for contingencies. The

unexpected can throw a monkey wrench on the best-laid plans. But plan you
must! The stakes are too high not to plan. And remember: nobody plans to
fail but very many fail to plan!

RULE 2: EXAMINE YOUR SWOT

SWOT means your strengths, weaknesses, opportunities and threats.

This is a lot harder than you think. Most of us delude ourselves about
how much we know. But after four years of law school, I am sure there are
subjects that you feel you are strong in and others in which you feel you are
weak. In making this self-examination, two extreme tendecies will arise.
First. You will tend to think you know everything. This is a dangerous over-
confidence. But even if it was true, your strength in law subjects cannot all
be equal. You must be stronger in some subjects and weaker in others.
Second. You might tend to think you know nothing. This is equally
dangerous.

In conducting a self-examination, it will be useful to recall your law

school grades in the bar subjects. Those grades are an objective indicator of
your relative strengths and weaknesses. But whatever grades you got, the
self-examination requires an intense introspection on your part. “Know
thyself” – that is the Delphic oracle’s simple guide to wisdom. And it is true
here as well.

Why is this self-examination important? It will allow you to prioritize

your time at the bar review. Simply said, you should devote more time effort
to subjects where you are weak and less to those where you are strong. For
example, where you are strong, it may be enough for you to read the codal
provisions and then hit the reviewers. Where you are weak, it may be
necessary to read the codals, read again the textbooks (and maybe some
cases or at last case digests), then hit the reviewers. Where you are strong,
you may use the extra time for reading other subjects or for rest. Rest breaks
are crucial – see below under “Pacing and Prayer”.

RULE 3: READ AHEAD

This looks simple but it is actually a cardinal rule.

The topic for each lecture-session in the review center is laid out
ahead of time. This rule means you should read the assigned subject
BEFORE THE LECTURE ITSELF. Psychologists have theorized that
learning is more effective when the student first reads up on a subject and
then listens to a lecture on it. The idea seems to be that the visual form of
learning (reading) is stroingly reinforced by a subsquent aural form of
learning (listening to a lecture). This is very true during the review. Many
topnotchers attest to the effectivity of the visual-aural tandem.

Do not confuse the order: read first, then listen. The reverse is not
recommended at all. If you listen then read the topic for the day, you will
enter the lecture hall without a fresh or refreshed ed idea of the the topic.
And when you read up on it afterwards, you will worry about the next day’s
topic. In the correct order, you come to the lecrture hall confident and
refreshed and you will find that you are listening proactively to the lecturer
to check out what you may have missed or misunderstood or has remained
unclear from your reading. Or you may simply say, “Yup, I got that!”

There will be times when you fall back or miss some lectures or failed
to study ahead because of illnes or whatever. DO NOT TRY TO CATCH
UP BY READING THE SUBJECT MATTER OF PREVIOUS LECTURES
YOU MISSED! READ AHEAD TO THE NEXT LECTURE! If you try to
“catch up”, because of the pace of the review, it is likely that you will never
catch up and continually fail to read ahead. What you do is lay aside the
subject or the lecture you missed, make a mental note of it, and allot a time
to go back to it. There will be numerous “breaks” in the review schedule
where you can go back to the missed lectures. Or, when the lecture touches
on a subject you particularly strong in, you may use the extra time that you
have to go back to the missed lecture.

RULE 4: FALL-BACK RULES AND PRINCIPLES

The statutory provisions, the Supreme Court decisions, the principles

and precepts of law are not all treated equal. Some are more important than
others.

Many review lecturers will “guide” you by proclaiming some

provisions of law, or cases, or principles as “most likely to come out” in the
exam. They will assign weights or “stars” to the provision or cases on the
basis of their probability of “coming out” in the bar exam. These “guides”
are helpful, no question about it.

But more important is that some provisions of law or SC cases are

“foundational” or “pivotal” in that they are provisions of law, cases,
porinciple or precepts that you can fall back on in case you cannot pinpoint
the exact provision, etc. that may be applicable. An example is Art. 19 of the
Civil Code. Or the due process clause in the Constitution. Or the provisions
of the Revised Penal Coide establishing the basic principles of criminal law:
generality, territoriality and prospectivity. In political law, the Madison v.
Madbury, Philippine Blooming Mills, Sanidad v. Executive Secretary cases
mat prove to be fundamental in the doctrines of judicial supremacy, the
hierarchy of constitutional rights, political question doctrines. It may even
serve you well to memorize these provisions and learn by heart the ratio in
these cases.

If you have a photographic memory, go ahead and memorize

everything. Otherwise, prioritize and strategize what you will commit to
memory. Remember: you are not expected to state verbatim the specific
provision of law that you are invoking for your answer. Nor is it required
that you cite the provision (article or section). It is enough to state that “The
law provides” or “The Civil Code provides” or “Under the Revised Penal
Code . . .” The same with cases: you don’t need to cite the case title or
number or SCRA or Philippine Reports volume and page. It is enough to
state: Jurisprudence has it that . . .” or “The Supreme Court has ruled
that . . .” or “In a case, it has been held that . . .”

RULE 5: PACING AND PRAYER

Pacing is all important. Do not start off the review “like a bat out of
hell”, as the Americans put it. If you do so, you will probably be exhausted
by the time you reach the exams.

Pacing means taking reasonable breaks. It is ideal to take a break at

least once a week. Sunday is perfect. Some take two days off: Wednesday
and Sunday. If you find that you are reading but no longer absorbing
anything, take a break. Insisting on hard studying despite signs of a burn-out
will be catastrophic.

If you need entertainment, choose a movie rather than TV. A movie

has a definite end and they ask you to leave the theatre at the end of a
screening. Not so with TV: at the end of a program, they tease and entice
you about the next program and you can surf the channels for other
programs. Netflix and other steaming media are the worst.
 Avoid arcade and internet digital games; mahjong and card games;
betting games (i.e. casino). They are addictive and they never satisfy.

Better a hearty meal. It ends when you are full. Alcohol never fills
you up. And excessive alcohol has consequences on your health after the
drinking.

Avoid novels and the like. You need to rest your eyes from reading.
Newspapers? TV News? Yes they’re ok.

Sleep is a vital ingredient in the bar review and in the bar exams. I am
not a great believer in cramming – although I plead guilty to having done it
in my law school days. Remember that there are two exams each Sunday.
Your lack of sleep may not take its toll in the morning exam but you can be
sure it will affect the afternoon exam. You need to be sharp and alert the
whole day!

The eve of each exam – but especially the eve of the first exam – is
problematic. It’s hard to get to sleep even as you know you need to be up
early. Make sure you have a good and reliable alarm clock. Make sure you
get moderate exercise the day before the exam. Avoid caffein on the
Saturday beforte the exam. A little – emphasis on little – alcohol may prove
helpful. But sleep you must have a decdent amount of before taking the
exam.

And this is true in the review as well. Pace yourself so that you get a
decent amount of sleep each night. If the subject matter is among your
strong points, stick to the codals and reviewer and once you have mastered
them, go to sleep. If the subjrct matter is one of your weaker points, you may
have to invest more time. But once you are satisfied, go to sleep already.

No doubt the intensity of your studying will increase as you near the
exam. That is how it should be. Do not peak too early. Your studying must
be most intense as you near the exam.The intensity must be sustained
throughout the exams.

Above all, pray.

Prayer, regardless of your religion, has a calming effect. It clarifies

your goals and renews your energies. Prayer is not a substitute for hard
work/study but complements it. The right attitude about work and prayer
was summed up brilliantly by a great religious leader in this manner:

Work (or srudy) as if everything depended on yourself.

Pray as if everything depended on God.

Every night, once you finish studying for the day, pray to God, Allah
or Divine Providence. You will find that prayer will also help you get decent
sleep. This is true during the review period. This is very true on the nights
before the exam Sundays. Worrying will only gnaw at your confidence and
rob you of your sleep.

At the start of each exam, once the questionnaries have been

distributed (and laid front-page-down on your desk) and there is an order to
start answering, your heart will probably be pounding like a jungle drum. So
will those of about six thousand others. Everyone around you will turn the
questionnaire over and start reading the questions, their hearts racing, their
blood pressures rising. At this point I suggest you do something counter-
intuitive: Don’t turn over the questionnaire just yet. Invest a minute or two
in normalizing your metabolism. Some of you will have some form of
calming exercises (yoga, breathing exercises, etc.). I suggest prayer. Pray a
prayer you are familiar with repeatedly for a minute or two. Once you feel
you have achieved a measure of calm and you have collected your thoughts,
then and only then turn over the questionnairre and start reading.

TIPS ON ANSWERING BAR QUESTIONS

 I. TYPES OF BAR QUESTIONS

• Essay type

• Hypothetical problems
• Direct essay type

• Multiple choice questions (MCQs)

• Practical Exercises

• Prepare contracts, pleadings, memoranda, briefs.

• Objective type
• Definitions
• Distinctions
• Enumerations
• True or False

II. ANSWERING ESSAY-TYPE QUESTIONS

In answering essay questions on hypothetical cases, follow the

“IRAC” pattern:

“I”. Do not repeat the facts. Instead, state directly the Issue(s) in the
problem.

“R”. State the Rule (or provision of law, jurisprudence, principle or

precept) applicable to the facts.
 “A”. Apply the rule (etc.) to the facts of the case.

“C”. State the Conclusion upon your applicaion of the facts. In effect
the conclusion answers the specific question asked in the problem (e.g. Will
the claim prosper? Is the accused correct? How would you rule on the
motion?

III. OTHER TIPS

 Keep your answers short and simple. Use, as much as possible simple
declarative sentences. Long, and worse, long-winded sentences, do
not impress bar examiners. They irritate and add to his work.
Directness and concision are appreciated.

 Organize your answers. Maintain neatness always. Maintain

reasonable margins left, right, top, bottom. Skip a line between
paragraphs.

 Avoid messy erasures. Remember that the rule is that if you want to
change your answer, simply draw a single stright line across the
sentences that you are changing.

 DO NOT EVER RIP OFF A PAGE (OR A PART THEREOF)!

 NEVER LEAVE A BLANK ANSWER. This is a cardinal sin. In case

you don’t know the answer, give it your best shot anyway (that is, try
the best answer that you can possibly make; in the final anaysis, the
correct answer cannot be far from what you feel intuitively is the fair
or just result!). A blank page where your answer should have been
will make the examiner happy: he does not have to check that answer.
He will give you a straight zero for the blank answer.
  Be conscious of the time. Do not get stuck up answering one question
that you do not know the answer to or have doubts about the answer.
Skip it and move to those where you know the answer or have
confidence in your answer. Go back to the problematic ones later after
you have taken care of the “easy”ones.

FINAL MESSAGE

The bar exam –as with any licensure exam – is a game of nerves.
Panic and fear are your enemies. A cool and sensible head is your greatest
asset. In moments of stress, you will tend to forget many things that your
learned in law school. Relax. Things will come back to you when you have
calmed down. Panic will only drive away your memory. Above all, consider
this: you are being tested for, among other things, your ability to think under
fire. Therefore do not lose your composure. If you have to guess, then give
it your educated best guess. If it’s a sincere assessment of the problem, it
cannot be too far from the correct answer.

GOOD LUCK TO YOU ALL!!!

JUSTICE ROMULO V. BORJA