Tip On Answering Bar Questions
Tip On Answering Bar Questions
So I am sharing these 5 tips from what I learned from my law professor, Atty. Abelardo
Domondon, my coaches at Jurists Bar Review Center, and my personal experience.
Tip No. 1: KISS Method
Keep It Short and Simple!
Examiners do not have the luxury of time to be reading your answers like they would normally
do for pleadings or cases. With a very limited time to check thousands of booklets, they would
truly appreciate short yet responsive answers.
Just think about this: If there are 6,000 bar booklets with an average of 20 questions per bar
subject, an examiner only has approximately 1.5 minutes per question for checking. So try your
best to give your categorical answer, support it with the law and apply the law to the facts of the
case in the first minute of your answer.
Sounds complicated, right? You’ll get the hang of it if you practice daily. Answer at least five
bar questions per day following this method so that eventually, it will become part of your
system.
No, this tip does not contradict the first one. This rule talks about how you are going to make it
easier for the examiner to find your answer. It does not talk about length!
The 4-Paragraph Rule provides a systematic way of answering bar exam questions.
First paragraph should say your categorical answer, whether it is a yes or a no, or the answer to
an objective type question. Yes, A is liable. Your first paragraph could be as short and simple as
this.
Second paragraph should provide your legal basis, whether it is an applicable law or
jurisprudence. The National Internal Revenue Code provides that a resident citizen is liable to
pay income tax for income derived from sources outside the Philippines. Your legal basis could
be written in a one-liner paragraph like this. You need not cite the exact chapter or section of the
Code nor the title of the case for jurisprudence.
Third paragraph should be the synthesis. It is where you should apply the law to the given facts
of the case or question. Examiners test not only your knowledge of the law but also your ability
to apply the law in various scenarios. Here, A is a Filipino, residing in Manila, and earning
rental income for his house and lot in the US. The third paragraph is usually the longest among
the four paragraphs as it interlocks the given set of facts with the applicable law. But it can also
be a one-sentence paragraph depending on the question at hand.
Fourth paragraph is ―hence-paragraph‖. It is where you conclude your answer. Usually, it is a
repetition of the categorical answer but with few more details to end it strong. Hence, A, as a
resident citizen, is liable for income tax. Your fourth paragraph should conclude and summarize
your response to the bar exam question.
Again, the 4-paragraph rule does not equate to length of the answer. In the examples given
above, you would notice that every paragraph is composed of only one sentence each.
Yes, A is liable.
The National Internal Revenue Code provides that a resident citizen is liable to pay income
tax for income derived from sources outside the Philippines.
Here, A is a Filipino, residing in Manila, and earning rental income for his house and lot in
the US.
Hence, A, as a resident citizen, is liable for income tax.
By following this rule, you are helping the examiner check your booklet easier and faster. Since
you have a systematic way of answering the questions, the examiner would know where to look
for the answers or key words he or she is looking for.
Okay, okay. This rule has nothing to do with your #hugot #feels. Let’s set those things aside for
now (we’ll talk about that after the bar).
The Stick-to-One Rule means that you should pick a side and take a stand in your answer. A
lawyer should know how to argue based on the provisions of the law and case holdings. Hence,
your bar answer should demonstrate such ability and prove to the examiner that you are worthy
to become a member of the profession. Never answer MAYBE. If you are unsure of your answer
or you think the case could go either way, make a choice still and argue for it. For gray areas or
for questions with different possible answers, examiners usually check how bar candidates make
a case.
Answer categorically. If it is a yes, mean it. Stick to it. Make the examiner believe that your side
is the right side.
Whether it be in a relationship or in the bar exams, abide by the Stick-to-Rule to be successful.
Another thing that would help the bar examiners check your booklets with ease and with a light
heart is your good grammar. Lawyers are expected to have a good command of the English
language, both in oral and written communications. As such, bar candidates must work on their
grammar and composition.
Atty. Rita Linda Jimeno, a bar examiner, shared her thoughts on the relevance of good English
grammar in the bar exams through her column in Manila Standard. An excerpt from the article
says,
―Worst, many of the examinees were unable to express their thoughts in English. The English
grammar of many of the examinees could shock even a high school graduate who took his
secondary education seriously. For instance, nearly a majority erred in the proper use of ―is‖ and
―are.‖ In one question involving two persons, ―Y‖ and ―Z,‖ many said ―Z‖ and ―Y‖ is wrong.‖
It is not too late to work on your basic grammar. With your daily practice writing, you will be
able to spot your grammar flaws and correct them just in time for the bar exams.
As early as now, know which type of penmanship suits you best. Do you write more legibly in
cursive or in print/block letters? Consider also your speed as you are only given four hours to
answer around 20 questions per bar subject.
Another practical advice: Choose a really good pen. Use the same pen for your practice writing
until the bar exams.
16 Votes
TECHNIQUES IN ANSWERING BAR QUESTIONS BY ATTY. REY TATAD JR.
3. It is intended to shield …
DEFINITION / EXPLANATION
5. ________________ is a branch of public law (or private law) which deals with..
6. It pertains to…
7. It connotes a ….
10. It presupposes…
11. Its principal identifying feature is..
ENUMERATION
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)…
In order that a case for (i.e. B.P. 22) to prosper, the following elements must be
attendant/present:
* 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
b.
2. In the first, it is necessary that there be….., whereas in the second it is sufficient that there be
…. In the former, … while in the latter…
But if the facts are complete in itself, do not attempt to add facts or assume anything.
JURISDICTION
1. The case is beyond the ambit of the jurisdiction of the (i.e. Regional TrialCourt)
The case of (i.e. ejectment) lies with the Municipal Trial Court.
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 frommy professor in Political Law, Dean Mariano F.
Magsalin, Jr.)
4. It is worth observing…
6. More importantly, ….
7. Significantly,…
8. Corollarily,…
9. Furthermore,…
10. Moreover,…
11. Similarly,…
12. Parenthetically,…
22. As regards…
27. The language of the law leaves no room for doubt that,…
28. Justice and fair-play dictates that,…
30. For all its conceded merits, (i.e. equity is available in the absence of lawand not as its
replacement)…
This is consistent with the time-honored maxim (i.e. nullum crimen nulla poena sine lege).
41. Likewise,..
42. In fine,
45. By analogy,…
48. Manifestly, there was (i.e. grave abuse of discretion amounting to lack or excess of
jurisdiction)
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)…
58. ___________ and ____________ are two mutually exclusive remedies. An application of
one precludes the application of the other.
59. To amplify,…
61. Notably,…
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)
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…
In one case decided by the highest court of the land, it was held that
10. In a recent case, the Supreme Court has laid to rest the issue of whether or not…
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…
17. In the landmark case of _____________, (if the case is so famous) the Supreme Court laid
down the doctrine which substantially provides that…
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…
24. In one case, the Supreme Court was emphatic when it ruled that….
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.)
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, m the facts given, noteworthy is the …
It is crystal clear from the facts presented that (i.e. the crime of treason) is present (or was
committed).
In the present case, it is immediately noticeable that the element of __________ is wanting (or
lacking).
It logically follows…
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…
With all due respect to the judge, his decision is apparently erroneous or is not in accord with
law and existing jurisprudence.
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…
14. The position of the petitioner runs counter with the doctrine of…
20. The court cannot countenance the (i.e. inconsistent postures of the petitioner)
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…
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.
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,…
3. Finally, …
4. Hence, …
5. Therefore, …
6. From the foregoing, it can be deduced that there is really (i.e. a violation of…)
8. Lastly, …
9. Consequently,…
16. Undoubtedly,…
17. Indubitably,…
18. Clearly, the case at hand falls squarely within the purview of…
24. Clearly therefore, applying the aforecited ruling in the case at hand,…
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)
32. In sum,..
38. Accordingly,
MY PERSONAL ADVICE FOR FUTURE BAR CANDIDATES DURING THE REVIEW
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
September 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.
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.
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 .
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.
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.‖
· 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.
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: 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.
. Bring a watch with you to keep you updated of the time left.
. 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.
. Review your answers. Scan your booklet before submitting the same. Be sure you have not left
any question unanswered.
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.
——–GO O D LUCK! ! ! ——