TECHNIQUES IN ANSWERING BAR 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
2. In a nutshell, the following are the elements of
the crime of
3. The following elements are generally considered
in the determination ofthe presence of (i.e.
employer-employee relationship)
4. Among the (i.e. defenses/remedies) available to
(i.e. Mr. X) as provided for by/in the (i.e. Civil
Code) are:
(1)
(2)
5. The following are the requisites for
6. In order that a case for (i.e. B.P. 22) to prosper,
the following elements must
be attendant/present:
7. To constitute (i.e. homicide), the following
requisites must concur:
8. (i.e. Legal compensation) requires the
concurrence of the following conditions:
9. To establish a persons 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 convenientreading 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:
1. b.
2. In the first, it is necessary that there be..,
whereas in the second it is sufficient
that there be .
2. 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)
3. The question requires a qualified answer. If
4. I will qualify. If
5. On the assumption that
6. My answer must be qualified.
JURISDICTION
1. The case is beyond the ambit of the jurisdiction of the
(i.e. Regional TrialCourt)
2. It is within the ambit of the (i.e. Secretary of Labors)
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 frommy 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
3. 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,

40. In the same breath,

26. This is indicated by the fact that

41. Likewise,..

27. The language of the law leaves no room for doubt

that,

42. In fine,

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,
5. 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,

43. It bears articulating that

44. The controlling element in the (i.e. crime of estafa)
is
45. By analogy,
46. Suffice it to state that..
47. Emphasis must also be placed at
48. Manifestly, there was (i.e. grave abuse of discretion
amounting to lack or excess of jurisdiction)
49. Needless to stress that
50. It goes without saying that
51. The Supreme Court frowns upon the (i.e. illegal
practice of forum shopping as it erodes the
administration of justice and makes a mockery of the
justice system).
52. There is no denying in this case, that (i.e. the
petitioner never raised the issue of jurisdiction
throughout the entire proceedings in the trial court; case
of Tijam vs. Sibonghanoy)
53. It is now too late in the day for the

respondent/defendant to (i.e. raise the issue

of )
54. Equally telling is the (i.e. factual finding of the lower
court) that
55. The gravamen of the (i.e. the crime of rebellion is an
armed public uprising against the government)
56. It cannot be denied that (i.e. the petitioner is also
guilty of negligence)
57. Attention must be drawn to the fact that
58. ___________ and ____________ are two mutually
exclusive remedies. An application of one precludes the
application of the other.

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

59. To amplify,

9. By express provision of law,

60. It must be pointed out that

10. By operation of law

61. Notably,

11. As a matter of law

62. At the outset, the (i.e. defendant)

12. Worth remembering is the rule on _______________

which provides in part that

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

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

2. 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

6. The cardinal rule in (i.e. labor law) is 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.)

7. It is a familiar canon in (i.e. political law) that

20. It is an oft-repeated rule that

8. By well settled public law

9. Basic is the rule in (i.e. Criminal Law)
10. It is an elementary principle in

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

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..

11. It is a fundamental doctrine in

12. Well accepted is the rule that
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

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
1. 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 petitioners 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. Petitioners 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

20. The court cannot countenance the (i.e. inconsistent

postures of the petitioner)
21. The testimony that, cannot be given 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

15. The case will not prosper.

29. It is not accurate to conclude outright that

16. The case is not tenable.

30. A contrary conclusion would erode the rule that

provides in part that

17. The act of the accused in is of no moment.

18. The assertion lacks substance.
19. The decision is erroneous.

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

3. Finally,

34. The fact that is immaterial since

4. Hence,

35. The fact that is irrelevant since

5. Therefore,

36. In itself, mere is not sufficient (i.e. to warrant

conviction).

6. From the foregoing, it can be deduced that there is

really (i.e. a violation of)

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 petitioners 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)

7. From the foregoing, it is now safe to conclude that.

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,

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

33. In view of the fact that,

20. For this/these reason/s, it is unavoidable to conclude

that

34. All told,

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,..

35. Given the prevailing facts

36. Having stated the foregoing premises,
37. One final point,
38. Accordingly,
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 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. Dont 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 onesentence 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.

Dont blame yourself or dont panic if you failed to

answer an item or two. Its 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 dont 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: 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 overelaborate.
. 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.