TECHNIQUES IN ANSWERING BAR
If you cannot enumerate all, write it
QUESTIONS BY ATTY. REY TATAD JR.
REASON/S BEHIND THE LAW
1. The purpose of the law is…
2. The law is designed to…
3. It is intended to shield …
4. It is primarily aimed at protecting
____________ from unwarranted
__________
5. The rationale behind the law is…
6. The spirit of the law is to the effect that…
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
In a nutshell, the following are the elements of
the crime of
The following elements are generally
considered in the determination ofthe
presence of (i.e. employer-employee
relationship)
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
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purposes.
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…
ANSWERING QUESTIONS WITH VAGUE
FACTS (or which requires qualification)
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)
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,…
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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),…
CITING LAW PROVISIONS
1. No less than the (i.e. 1987 Constitution)
provides for the…
2. The (i.e. Rules of Court) substantially
provides in part that…
3. Under the broad principles of (i.e. due
process clause)…
4. Under the all-encompassing doctrine of (i.e.
incontestability clause)…
5. Under the law…
6. According to the (i.e. Family Code)…
7. The law is explicit on the matter.
8. The law explicitly expresses in part that…
9. By express provision of law,…
10. By operation of law…
11. As a matter of law…
12. Worth remembering is the rule on
_______________ which provides in part
that…
13. Decisive on the matter is the pertinent
provision of the (i.e. Law on Property)
14. The law prescribes certain rules on…
15. By legislative fiat…
QUOTING SUPREME COURT DECISIONS
1. The Supreme Court in one case, had the
occasion to rule that…
In a long-line of cases decided by the
Supreme Court, it has always been
(consistently) held that…
3. In a litany of cases decided by the Supreme
Court,
4. In a long-string of cases decided by the
highest court of the land,
5. According to several cases decided by the
Supreme Court,…
6. In a series of cases decided by the
Supreme Court,
* Do not use the words series, litany or long-
line
if there is only one decision/jurisprudence for
that topic.
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
9. It has been said that…
10. In a recent case, the Supreme Court has
laid to rest the issue of whether or not…
11. It is well settled in this jurisdiction…
12. It is well settled in this country…
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…
18. In the leading case of …
19. As enunciated by the Supreme Court in
one case,…
20. The court has repeatedly ruled…
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….
EMPHASIZING CASE DOCTRINES /
JURISPRUDENCE
1. It is hornbook doctrine in (i.e. Civil Law)
that…
2. Immortal is the rule that…
3. Well settled is the rule…
4. Well entrenched is the principle that..
5. Elementary is the rule that..
6. The cardinal rule in (i.e. labor law) is that
7. It is a familiar canon in (i.e. political law)
that
8. By well settled public law…
9. Basic is the rule in (i.e. Criminal Law)…
10. It is an elementary principle in…
11. It is a fundamental doctrine in…
12. Well accepted is the rule that…
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13. It is axiomatic in (i.e. Civil Law) 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)
15. Consonant with the rule on…
16. It is a recognized doctrine in (i.e. Civil law)
that…
17. It is a basic tenet in (i.e. Commercial Law)
18. Consistent with current jurisprudence
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.)
20. It is an oft-repeated rule that…
21. The Philippines adhere to the principle
of…
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.”
1. Applying the said law/doctrine in the instant
case,
2. From the facts given, noteworthy is the …
3. From the facts of the case, it is readily
observable that…
4. In the instant case, it may be observed
that…
5. It is crystal clear from the facts presented
that (i.e. the crime of treason) is present (or
was committed).
6. In the present case, it is immediately
noticeable that the element of __________ is
wanting (or lacking).
7. Under the circumstances, the proper
remedy would be…
8. The case obtaining indicates a case of (i.e.
B.P. 22)
9. It logically follows…
10. It goes without saying…
11. Even assuming arguendo, for the sake of
argument that…
12. The situation in the case at hand…
13. The situation presented evinces a case
of…
14. The facts sufficiently indicated …
15. In the given facts, it is immediately
apparent that…
16. It is evident that…
17. In the same token…
18. Under the facts stated in the problem,…
19. In the case under consideration,…
20. Worth stressing is the fact that
21. Worth emphasizing is the fact that
22. The facts would reveal that…
23. A careful perusal of the facts of the case
would reveal that…
24. A careful scrutiny of the actuations of the
accused would reveal that…
25. A careful reading of the (i.e. Deed of
Absolute Sale) would reveal that…
26. A cursory examination of the…
ANSWERING IN THE POSITIVE
1. The petition is meritorious.
2. The contention has legal basis.
3. The case will prosper.
4. The argument is proper.
5. The provision is perfectly applicable.
6. The action is tenable.
7. The motion should be granted.
8. The Judge is correct.
9. The petition is impressed with merit.
10. Yes. It is a (i.e. patent violation) of the
11. There is merit in the petition.
12. The petitioner’s contention is sustainable.
ANSWERING IN THE NEGATIVE
1. The contention does not hold water.
2. With all due respect to the judge, his
decision is apparently erroneous or is not in
accord with law and existing jurisprudence.
3. The contention is totally misplaced.
4. It is now too late in the day to raise the
issue of…
5. The petition is not meritorious.
6. The evidence presented deserves scant
consideration.
7. The contention has no legal basis.
8. The argument is bereft of merit.
9. The petition is devoid of merit.
10. Petitioner’s reliance on the (i.e. doctrine
of…) is inappropriate. The doctrine of …
does not apply in cases where / of…
11. It is a futile gesture on the part of the
respondent to invoke the rule on…
12. The theory/argument has no ground to
stand upon.
13. The contention has no leg with which to
stand on.
14. The position of the petitioner runs counter
with the doctrine of…
15. The case will not prosper.
16. The case is not tenable.
17. The act of the accused in… is of no
moment.
18. The assertion lacks substance.
19. The decision is erroneous.
20. The court cannot countenance the (i.e.
inconsistent postures of the petitioner)
21. The testimony that…, cannot be given
4|Page
credence.
22. The evidence presented has no probative
value.
23. The allegation is belied by the fact that…
24. To put it otherwise would be to render the
law on _____________ useless/futile.
25. The actuations of the accused in (i.e.
fleeing and hiding) negates (i.e. innocence)
26. While it is true that _______________ is a
(i.e. constitutional guaranteed right of a
person), it does not, however mean…
27. It is not correct to say that…
28. It is not proper to state that…
29. It is not accurate to conclude outright
that…
30. A contrary conclusion would erode the rule
that provides in part that…
31. To sustain the contention would be to
render the law on ____________ nugatory.
32. It would be absurd and incongruous to
sustain the argument that…
33. It is not enough that…
34. The fact that … is immaterial since…
35. The fact that … is irrelevant since…
36. In itself, mere …… is not sufficient (i.e. to
warrant conviction)….
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 petitioner’s 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,…
2. Taken all together,…
3. Finally, …
4. Hence, …
5. Therefore, …
6. From the foregoing, it can be deduced that
there is really (i.e. a violation of…)
7. From the foregoing, it is now safe to
conclude that….
8. Lastly, …
9. Consequently,…
10. As a necessary consequence…
11. The logical implication is that…
12. At any rate,…
13. In view of the foregoing,…
14. As an inevitable conclusion,…
15. In the light of the circumstances,…
16. Undoubtedly,…
17. Indubitably,…
18. Clearly, the case at hand falls squarely
within the purview of…
19. Verily, he/she has committed…
20. For this/these reason/s, it is unavoidable
to conclude that…
21. Based on the facts obtaining,…
22. In this light,…
23. This being the case…
24. Clearly therefore, applying the aforecited
ruling in the case at hand,…
25. In light of the foregoing, it is beyond cavil
(doubt) that,…
26. There is no doubt that…
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)
28. Inescapably, therefore,…
29. All things considered,…
30. It follows therefore that…
31. As a logical result…
32. In sum,..
33. In view of the fact that…,
34. All told,…
35. Given the prevailing facts…
36. Having stated the foregoing premises,…
37. One final point,…
38. Accordingly,…
39. Ergo
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. (Tip from
Sir Bubut Cayco)
• 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 BAR 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.
5|Page
• Do not memorize without comprehending.
When mental block occurs, you cannot recall
even a single thing. Moreover, in applying the
law in a given theoretical case problem, for
sure you can hardly answer the same if you
have memorized without understanding.
• 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. Don’t 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.
• Take vitamins and take your meals on time.
BEFORE THE BAR EXAM PROPER
• Make sure you have enough and complete
sleep. A well rested mind can answer and
articulate better.
• Pray
• Review the material you personally believe
is a good last minute tip for you.
• 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)
• Boost your confidence by telling yourself
“Walang (your surname) na di magaling.” Or
tell yourself “What kind of celebration will I do
if I top or at least pass
the bar?” at least you might laugh kahit
kabado .
DURING THE BAR EXAM PROPER
• I suggest that before answering, formulate
on your mind what will be placed on your first,
second and third paragraphs. The first
paragraph normally contains a one-sentence
direct to the point answer to the question. The
second paragraph commonly contains legal
basis (provision of law in point, jurisprudence,
co-relation of the jurisprudence/provision with
the facts of the case and application).Third
paragraph normally contains the conclusion.
When you are already decided of your
answer, write it according to your thoughts. In
this approach, you will not only be avoiding
unnecessary revisions and erasures, you will
also maintain the cleanliness of your booklet.
Bear in mind that, a dirty booklet is irritating to
the eyes of the person checking the same.
• Allocate the time depending on the number
of questions.
• Answer each question one at a time. Focus
on one question before thinking or bothering
yourself of the succeeding questions.
• Do not stay in a number for so long. Leave
at least a sheet for a 5point question. Go to
the next number if you do not know the
answer. If I am not mistaken, more than one
(1) bar candidate had not succeeded because
of stocking himself / herself in an item he/she
does not know the answer of. As a necessary
result, he/she failed to finish the exam. As one
of my friends told me, “No matter how grossly
wrong your answer may be, do not ever leave
an item unanswered. Malay mo, may points
for the effort/ink .Kidding aside, a blank sheet
will surely get an automatic 0 point. So better
answer all.”
• Don’t blame yourself or don’t panic if you
failed to answer an item or two. It’s 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 don’t 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.”
AFTER A BAR SUBJECT (OR ENTIRE BAR
EXAM)
• Do not discuss answers. It is futile because
the booklets had already been submitted and
it could greatly affect your performance for the
remaining subjects. If your noble reason on
asking about the answers is for you to know
the same, I suggest that you wait until the
exam results have been already released. For
self-preservation reasons, for sure you will be
anxious and fearful if you would discover that
you have incurred (just for example) 10
mistakes.
IMPORTANT REMINDER IN ANSWERING
If you are so sure of the answer, you can
directly answer yes or no. But if you are just
guessing or not so sure of the answer, you
better start citing law provisions and
jurisprudence first.
Logic behind:
6|Page
If you answer yes or no and it happened to be
wrong, chances are, you will get an automatic
ZERO (0) for that item. The examiner might
not read your answer anymore. Come to think
of it, it would be a waste of his time reading
explanation of a wrong answer. Besides, there
are so many booklets to check.
On the other hand, if you cite the law
provisions and jurisprudence first, even
though your yes or no answer placed in the
last paragraph/sentence is wrong, you might
get some credit. (The examiner might say,
“may alam tong batang to, nalito lang”).
Finally, at least, the examiner has read all
your answer and explanation before grading
you for that item.
CARDINAL RULES IN TAKING THE BAR
• Do not forget your test permits, Supreme
Court color coded Identification card, and
other pertinent documents/things as required
in the letter coming from the SC allowing you
to take the Bar.
• Bring a watch with you to keep you updated
of the time left.
• Never be tempted to cheat.
• Keep your focus.
• Carefully read and comprehend the
instructions and questions.
• Answer one at a time.
• Answer straight to the point.
• Be responsive to the question.
• Answer only what is being asked.
• Though it is tempting to showcase your
knowledge, do not over-elaborate.
• Avoid erasures.
• Do not hurry at the expense of substance
(and readability) of your answers.
• Leave a space before starting a new
paragraph.
• Review your answers.
• Scan your booklet before submitting the
same.
• Be sure you have not left any question
unanswered.
• Bring extra sign/fountain pens.
• Observe proper margin.
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.