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Techniques in Answering Bar Questions by Atty. Rey Tatad JR

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Some of the main techniques discussed include distinguishing concepts, answering questions with vague facts, discussing jurisdiction, and elaborating on answers.

Tips for enumeration include writing the elements in bullet or numbered form if all can be listed, or in paragraph form if not all can be listed, to avoid making it obvious that elements were missed. It is also recommended to get the elements directly from the question posed.

The document recommends using patterns such as 'In capsule form, the following are the elements of...' or 'Among the defenses available to X are...' and listing the elements in a numbered or bullet list.

TECHNIQUES IN ANSWERING BAR QUESTIONS BY ATTY. REY 2. It is within the ambit of the (i.e. Secretary of Labor’s) power.

TATAD JR. 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…
REASON/S BEHIND THE LAW 5. The case of (i.e. ejectment) lies with the Municipal Trial Court.
1. The purpose of the law is… 6. The case is cognizable by the (i.e. Regional Trial Court)
2. The law is designed to… 7. The case is covered by the (Rules on Summary Procedure).
3. It is intended to shield … 8. The law vests upon the (i.e. Secretary of Justice) the power to…
4. It is primarily aimed at protecting ____________ from unwarranted ELABORATING/EXPOUNDING ANSWERS
__________
5. The rationale behind the law is… Go straight to the point. The length of answers and expounding the
6. The spirit of the law is to the effect that… same, must always be proportionate to the points allotted for such
particular question. The higher the points, the more in-depth the
DEFINITION / EXPLANATION elaboration should be. However, it must not appear “na nambobola ka
1. ________________ is a comprehensive term used to describe 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
2. _________________, in its generally accepted sense, refers to …. bush. Remember that most of the times, MORE TALK, MORE
3. … It is a safeguard and guarantee provided by the 1987 MISTAKE!!! (I got this tip from my professor in Political Law, Dean
Constitution.. Mariano F. Magsalin, Jr.)
4. … It is a kind of relief granted to a ______________ by the … 1. It should be borne in mind that…
5. ________________ is a branch of public law (or private law) which 2. It must be noted that…
deals with.. 3. It may be recalled that…
6. It pertains to… 4. It is worth observing…
7. It connotes a …. 5. It must be taken into consideration that…
8. … is a doctrine in (i.e. Civil Law) which refers to… 6. More importantly, ….
9. … is a principle in (i.e. Criminal Law) which states that… 7. Significantly,…
10. It presupposes… 8. Corollarily,…
11. Its principal identifying feature is.. 9. Furthermore,…
12. It is akin to… 10. Moreover,…
13. The function of which is to… 11. Similarly,…
14. The office of which is to… 12. Parenthetically,…
13. In other words,…
ENUMERATION 14. Otherwise stated,…
1. In capsule form, the following are the elements of the crime of 15. Simply put,…
In a nutshell, the following are the elements of the crime of 16. Simply stated,…
The following elements are generally considered in the determination 17. Stated more concretely…
ofthe presence of (i.e. employer-employee relationship) 18. The reasons are obvious. (expound)
Among the (i.e. defenses/remedies) available to (i.e. Mr. X) as 19. The reasons are well-known. (expound)
provided for by/in the (i.e. Civil Code) are: 20. The reasons are plain. (expound)
(1)… 21. Under the same line of reasoning,…
(2)… 22. As regards…
23. With regard to… (it is error to state “with regards to”)
5. The following are the requisites for… 24. Anent the (i.e. first issue),…
6. In order that a case for (i.e. B.P. 22) to prosper, the following 25. As far as the ________________ is concerned,…
elements must be attendant/present: 26. This is indicated by the fact that…
7. To constitute (i.e. homicide), the following requisites must concur: 27. The language of the law leaves no room for doubt that,…
8. (i.e. Legal compensation) requires the concurrence of the following 28. Justice and fair-play dictates that,…
conditions: 29. Applying the principle of….
9.To establish a person’s culpability under (i.e. estafa), it is 30. For all its conceded merits, (i.e. equity is available in the absence
indispensable that… of lawand not as its replacement)…
31. The law is categorical with regard to…
* Tips on answers that require enumerating something. (i.e. elements).
32. Notwithstanding the… (i.e. execution of the document)
If you can enumerate all, write it in bulleted or numbered form to
33. It is beyond debate that,…
highlight the fact that you know all of them and for more convenient-
34. It is imperative to look at,…
reading purposes. If you cannot enumerate all, write it in paragraph
35. This is consistent with the time-honored maxim (i.e. nullum crimen
form so that it would not easily be noticeable that you missed
nulla poena sine lege).
something. (I got the above tip from our mentor Atty. Gafar Lutian)
36. As it is imbued with public interest,…
DISTINCTION 37. In like manner,
38. In the same manner,
When being asked to distinguish, do not state its definition. If you give 39. In the same vein,
its definition, you are in effect asking the examiner to extract out the 40. In the same breath,
differences of the two [or more] from your definition. Do not also give 41. Likewise,..
their similarities. You are asked to differentiate and contrast, so 42. In fine,
similarities are not included (That was a tip I learned from my professor 43. It bears articulating that
in Civil Law Review I, Atty. Virgilio Gesmundo).The number of 44. The controlling element in the (i.e. crime of estafa) is…
distinctions you will give must also be proportionate on the points 45. By analogy,…
allotted for such. If it is only worth two points, do not give 8 distinctions. 46. Suffice it to state that..
The examiner cannot give you 8 points for that…. For a two point 47. Emphasis must also be placed at…
distinction question, perhaps, three would be enough (four is not too 48. Manifestly, there was (i.e. grave abuse of discretion amounting to
much). lack or excess of
1. The (i.e. two) may be distinguished from each other in the followings jurisdiction)
ways: 49. Needless to stress that…
2. In the first, it is necessary that there be….., whereas in the second it 50. It goes without saying that
is sufficient 51. The Supreme Court frowns upon the (i.e. illegal practice of forum
that there be …. shopping as it erodes the administration of justice and makes a
3. In the former, … while in the latter… mockery of the justice system).
4. The former requires … while the latter… 52. There is no denying in this case, that (i.e. the petitioner never
5. … on the other hand ______________ is… raised the issue of
jurisdiction throughout the entire proceedings in the trial court; case of
ANSWERING QUESTIONS WITH VAGUE FACTS (or which requires Tijam vs.
qualification) Sibonghanoy)
But if the facts are complete in itself, do not attempt to add facts or 53. It is now too late in the day for the respondent/defendant to (i.e.
assume anything. raise the issue
1. We must distinguish. If… (or As far as the __________ is of …)
concerned) 54. Equally telling is the (i.e. factual finding of the lower court) that…
2. It depends. If…(or As far as the __________ is concerned) 55. The gravamen of the (i.e. the crime of rebellion is an armed public
The question requires a qualified answer. If… uprising against the government)
4. I will qualify. If… 56. It cannot be denied that (i.e. the petitioner is also guilty of
5. On the assumption that… negligence)…
6. My answer must be qualified. 57. Attention must be drawn to the fact that…
58. ___________ and ____________ are two mutually exclusive
JURISDICTION remedies. An application of one precludes the application of the other.
59. To amplify,…
1. The case is beyond the ambit of the jurisdiction of the (i.e. Regional 60. It must be pointed out that…
TrialCourt)
61. Notably,… REFERRING BACK TO THE CASE (correlating the facts with the
62. At the outset, the (i.e. defendant)… law/jurisprudence)
63. Coming now to the issue of (i.e. prescription),…
Note: In my personal opinion, it is not proper to use the statements “in
the case at
CITING LAW PROVISIONS bench” or “in the case at bar” when answering. Although I guess it is
very tempting
1. No less than the (i.e. 1987 Constitution) provides for the… because it sounds good and professional to state, “in the case at
2. The (i.e. Rules of Court) substantially provides in part that… bar/bench”, we must
3. Under the broad principles of (i.e. due process clause)… not forget that the cases given in the Bar are only theoretical. The
4. Under the all-encompassing doctrine of (i.e. incontestability statements “in the
clause)… case at bench” and “in the case at bar” are more appropriately used in
5. Under the law… pleadings in
6. According to the (i.e. Family Code)… court. After all, you can use the statements “In the instant case, In the
7. The law is explicit on the matter. facts given, Inthe problem given and In the question presented.”
8. The law explicitly expresses in part that…
9. By express provision of law,… 1. Applying the said law/doctrine in the instant case,
10. By operation of law… 2. From the facts given, noteworthy is the …
11. As a matter of law… 3. From the facts of the case, it is readily observable that…
12. Worth remembering is the rule on _______________ which 4. In the instant case, it may be observed that…
provides in part that… 5. It is crystal clear from the facts presented that (i.e. the crime of
13. Decisive on the matter is the pertinent provision of the (i.e. Law on treason) is present (or
Property) was committed).
14. The law prescribes certain rules on… 6. In the present case, it is immediately noticeable that the element of
15. By legislative fiat… __________ is
wanting (or lacking).
QUOTING SUPREME COURT DECISIONS 7. Under the circumstances, the proper remedy would be…
1. The Supreme Court in one case, had the occasion to rule that… 8. The case obtaining indicates a case of (i.e. B.P. 22)
In a long-line of cases decided by the Supreme Court, it has always 9. It logically follows…
been (consistently) held that… 10. It goes without saying…
3. In a litany of cases decided by the Supreme Court, 11. Even assuming arguendo, for the sake of argument that…
4. In a long-string of cases decided by the highest court of the land, 12. The situation in the case at hand…
5. According to several cases decided by the Supreme Court,… 13. The situation presented evinces a case of…
6. In a series of cases decided by the Supreme Court, 14. The facts sufficiently indicated …
* Do not use the words series, litany or long-line 15. In the given facts, it is immediately apparent that…
if there is only one decision/jurisprudence for that topic. 16. It is evident that…
7. In one case decided by the highest court of the land, it was held that 17. In the same token…
8. In one case, the Supreme Court ruled that 18. Under the facts stated in the problem,…
9. It has been said that… 19. In the case under consideration,…
10. In a recent case, the Supreme Court has laid to rest the issue of 20. Worth stressing is the fact that
whether or not… 21. Worth emphasizing is the fact that
11. It is well settled in this jurisdiction… 22. The facts would reveal that…
12. It is well settled in this country… 23. A careful perusal of the facts of the case would reveal that…
13. The Supreme Court has steadfastly adhered to the doctrine which 24. A careful scrutiny of the actuations of the accused would reveal
states that that…
14. In a case with similar facts, the Supreme Court ruled that… 25. A careful reading of the (i.e. Deed of Absolute Sale) would reveal
15. In several notable Supreme Court decisions, the highest court that…
declared that… 26. A cursory examination of the…
16. The Supreme Court has often stressed that… ANSWERING IN THE POSITIVE
17. In the landmark case of _____________, (if the case is so famous)
the Supreme Court laid down the doctrine which substantially provides 1. The petition is meritorious.
that… 2. The contention has legal basis.
18. In the leading case of … 3. The case will prosper.
19. As enunciated by the Supreme Court in one case,… 4. The argument is proper.
20. The court has repeatedly ruled… 5. The provision is perfectly applicable.
21. A case in point is a case already decided by no other than the 6. The action is tenable.
highest court of the land, where the Supreme Court held that… 7. The motion should be granted.
22. There is likewise an array of cases in this jurisdiction where the 8. The Judge is correct.
Supreme Court has consistently declared that… 9. The petition is impressed with merit.
23. Deeply rooted is the jurisprudence which provides that… 10. Yes. It is a (i.e. patent violation) of the
24. In one case, the Supreme Court was emphatic when it ruled that…. 11. There is merit in the petition.
12. The petitioner’s contention is sustainable.
EMPHASIZING CASE DOCTRINES / JURISPRUDENCE
ANSWERING IN THE NEGATIVE
1. It is hornbook doctrine in (i.e. Civil Law) that…
2. Immortal is the rule that… 1. The contention does not hold water.
3. Well settled is the rule… 2. With all due respect to the judge, his decision is apparently
4. Well entrenched is the principle that.. erroneous or is not in
5. Elementary is the rule that.. accord with law and existing jurisprudence.
6. The cardinal rule in (i.e. labor law) is that 3. The contention is totally misplaced.
7. It is a familiar canon in (i.e. political law) that 4. It is now too late in the day to raise the issue of…
8. By well settled public law… 5. The petition is not meritorious.
9. Basic is the rule in (i.e. Criminal Law)… 6. The evidence presented deserves scant consideration.
10. It is an elementary principle in… 7. The contention has no legal basis.
11. It is a fundamental doctrine in… 8. The argument is bereft of merit.
12. Well accepted is the rule that… 9. The petition is devoid of merit.
13. It is axiomatic in (i.e. Civil Law) that 10. Petitioner’s reliance on the (i.e. doctrine of…) is inappropriate. The
14. Enshrined in the 1987 Constitution is the rule that (i.e. no person doctrine of …
shall be deprived of life, liberty or Property without due process of law) does not apply in cases where / of…
15. Consonant with the rule on… 11. It is a futile gesture on the part of the respondent to invoke the rule
16. It is a recognized doctrine in (i.e. Civil law) that… on…
17. It is a basic tenet in (i.e. Commercial Law) 12. The theory/argument has no ground to stand upon.
18. Consistent with current jurisprudence 13. The contention has no leg with which to stand on.
19. It is a legal presumption, born of wisdom and experience, that (i.e. 14. The position of the petitioner runs counter with the doctrine of…
official duty has 15. The case will not prosper.
been regularly performed; that the proceedings of a judicial tribunal are 16. The case is not tenable.
regular and 17. The act of the accused in… is of no moment.
valid and that judicial acts and duties have been and will be duly and 18. The assertion lacks substance.
properly 19. The decision is erroneous.
performed. The burden of proving irregularity in official conduct is on 20. The court cannot countenance the (i.e. inconsistent postures of the
the part of the petitioner)
petitioners.) 21. The testimony that…, cannot be given credence.
20. It is an oft-repeated rule that… 22. The evidence presented has no probative value.
21. The Philippines adhere to the principle of… 23. The allegation is belied by the fact that…
24. To put it otherwise would be to render the law on _____________
useless/futile. • Choose a study buddy if you want. But sometimes it is better that you
25. The actuations of the accused in (i.e. fleeing and hiding) negates do
(i.e. innocence) not have one. More study buddies, more interruptions (more kwento).
26. While it is true that _______________ is a (i.e. constitutional Without you knowing it, “tapos na araw or BAR na).
guaranteed right of a
person), it does not, however mean… • Before starting your review, be sure that the tension has already
27. It is not correct to say that… subsided. (Specifically starting the month of July when tensions really
28. It is not proper to state that… soars high for most Bar candidates) Bear in mind that we can
29. It is not accurate to conclude outright that… comprehend more if we are in a relaxed state of mind.
30. A contrary conclusion would erode the rule that provides in part • Set your own pace. Do not compare your pace with others (like
that… asking others, “ilang reading ka na?”) This is not a rat race. Quality
31. To sustain the contention would be to render the law on reading(studying/reviewing actually) is what is needed. Bar does not
____________ nugatory. dwell on the amount of pages/books you have read, it is more of how
32. It would be absurd and incongruous to sustain the argument that… much you have mastered.
33. It is not enough that…
34. The fact that … is immaterial since… • Do not memorize without comprehending. When mental block occurs,
35. The fact that … is irrelevant since… you cannot recall even a single thing. Moreover, in applying the law in
36. In itself, mere …… is not sufficient (i.e. to warrant conviction)…. a given theoretical case problem, for sure you can hardly answer the
37. The petitioner cannot give any additional meaning to the clear and same if you have memorized without understanding.
plain language of • Do not highlight the entire reviewer . Sometimes, the problem with
the law. highlighting is that it becomes our security blanket that we have read
38. The Supreme Court, in several cases, has struck down the (i.e. and understood what we have read. But more often, we have not.
defense of alibi)
39. The attendant circumstances of the case are contrary to the • When you have a query or some matters in mind that needs
petitioner’s assertion. clarification, just write it in a piece of paper, pag marami na, ask it to a
40. The evidence does not support the theory of the petitioners. professor you believe is competent in that field. Don’t ask your co-
41. There is no cogent reason to disturb the ruling of the (i.e. Court of barristers. It might only end in a debate and waste of time, when no
Appeals) reliable answer is concluded. Remember, time is precious during the
42. The claim for (i.e. moral damages) must necessarily fail. pre-bar review.
43. The (i.e. respondent) cannot rely on (i.e. mere alibis) to aid his
• Set one day for recreations alone. It could rejuvenate your energy
cause.
and create hunger for review the following day.
CONCLUDING WORDS
• Attend to the needs of your entire being. Physically, mentally,
1. From the gamut of evidence on hand, it can be gathered/deduced emotionally and spiritually. This will also help you avoid being
that,… exhausted in the review.
2. Taken all together,…
• Take vitamins and take your meals on time.
3. Finally, …
4. Hence, … BEFORE THE BAR EXAM PROPER
5. Therefore, …
6. From the foregoing, it can be deduced that there is really (i.e. a • Make sure you have enough and complete sleep. A well rested mind
violation of…) can answer and articulate better.
7. From the foregoing, it is now safe to conclude that…. • Pray
8. Lastly, … • Review the material you personally believe is a good last minute tip
9. Consequently,… for you.
10. As a necessary consequence… • Compose yourself, your mind, heart and spirit. Focus on the exam
11. The logical implication is that… alone and not on the fear of failing. Stop or reduce your tension.
12. At any rate,… Tension is normal, as long as it is at a moderate level. After all, you will
13. In view of the foregoing,… already be taking the bar, no turning back. So might as well do your
14. As an inevitable conclusion,… best. And you can only perform well if you are in a composed mind and
15. In the light of the circumstances,… heart. (I suggest you close your eyes. Inhale then exhale as you count
16. Undoubtedly,… one to ten. It might help)
17. Indubitably,… • Boost your confidence by telling yourself “Walang (your surname) na
18. Clearly, the case at hand falls squarely within the purview of… di magaling.” Or tell yourself “What kind of celebration will I do if I top
19. Verily, he/she has committed… or at least pass
20. For this/these reason/s, it is unavoidable to conclude that… the bar?” at least you might laugh kahit kabado .
21. Based on the facts obtaining,… DURING THE BAR EXAM PROPER
22. In this light,…
23. This being the case… • I suggest that before answering, formulate on your mind what will be
24. Clearly therefore, applying the aforecited ruling in the case at placed on your first, second and third paragraphs. The first paragraph
hand,… normally contains a one-sentence direct to the point answer to the
25. In light of the foregoing, it is beyond cavil (doubt) that,… question. The second paragraph commonly contains legal basis
26. There is no doubt that… (provision of law in point, jurisprudence, co-relation of the
27. To the unprejudiced mind, the actuations of the three, when jurisprudence/provision with the facts of the case and application).Third
analyzed and taken paragraph normally contains the conclusion. When you are already
together, leads to no other conclusion except that (i.e. conspiracy decided of your answer, write it according to your thoughts. In this
among them approach, you will not only be avoiding unnecessary revisions and
existed) erasures, you will also maintain the cleanliness of your booklet. Bear in
28. Inescapably, therefore,… mind that, a dirty booklet is irritating to the eyes of the person checking
29. All things considered,… the same.
30. It follows therefore that… • Allocate the time depending on the number of questions.
31. As a logical result…
32. In sum,.. • Answer each question one at a time. Focus on one question before
33. In view of the fact that…, thinking or bothering yourself of the succeeding questions.
34. All told,…
35. Given the prevailing facts… • 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.
36. Having stated the foregoing premises,…
If I am not mistaken, more than one (1) bar candidate had not
37. One final point,…
38. Accordingly,… 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
39. Ergo
finish the exam. As one of my friends told me, “No matter how grossly
MY PERSONAL ADVICE FOR FUTURE BAR CANDIDATES DURING wrong your answer may be, do not ever leave an item unanswered.
THE REVIEW Malay mo, may points for the effort/ink .Kidding aside, a blank sheet
will surely get an automatic 0 point. So better answer all.”
• Always pray before and after studying.
• Don’t blame yourself or don’t panic if you failed to answer an item or
• Turn off your cellular phones. (Turn it on only during your break). two. It’s perfectly normal. What is abnormal is if you failed to answer
Most or a significant part of our time reviewing is sometimes spent on questions that you know the answer of just because you
non-sense (or not so important) texting-replying-texting-replying. There bothered/blamed yourself so much on the items you don’t know. In
is a time for everything. But when you review, avoid interruptions. short, if you failed to finish the exam.
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. • As my professor Atty. Francis Sababan told us before, “mga bata,
avoid passing your booklet too early. The time allocated for each
• Believe in yourself. If you will not, then who do you expect would subject may be too much, but it must be used wisely to: (1) write
believe in you. (Tip from Sir Bubut Cayco) legibly, (2) compose your answers properly, (3) avoid erasures, (4)
observe proper margin, and (5) review your answers. After all there are [14] In a case with similar facts, the Supreme Court ruled that xxx,
no prizes for early finishers.” [15] In several notable Supreme Court decisions, the highest court declared
that xxx.
AFTER A BAR SUBJECT (OR ENTIRE BAR EXAM) [16] The Supreme Court has often stressed that xxx.
• Do not discuss answers. It is futile because the booklets had already [17] In the landmark case of AAA vs. BBB, the Supreme Court laid down the
been submitted and it could greatly affect your performance for the doctrine which substantially provides that xxx.
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 NOTE: Better cite very famous cases only. (Atty. Rey Tatad, Jr.)
results have been already released. For self-preservation reasons, for
sure you will be anxious and fearful if you would discover that you have [18] In the leading case of AAA vs. BBB, xxx.
incurred (just for example) 10 mistakes. [19] As enunciated by the Supreme Court in one case, xxx.
[20] The court has repeatedly ruled that xxx.
IMPORTANT REMINDER IN ANSWERING [21] A case in point is AAA vs. BBB where the Supreme Court held that xxx.
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 NOTE: The phrase "already decided by no other than the highest court of the
citing law provisions and jurisprudence first. land" takes up too much space and sounds corny. (Project Jurisprudence)
[22] There is likewise an array of cases in this jurisdiction where the Supreme
Logic behind: Court has consistently declared that xxx.
[23] Deeply rooted is the jurisprudence which provides that xxx.
If you answer yes or no and it happened to be wrong, chances are, you
[24] In one case, the Supreme Court was emphatic when it ruled that xxx.
will get an automatic ZERO (0) for that item. The examiner might not
[25] It is hornbook doctrine in (e.g. civil law) that xxx.
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
NOTE: Do not confuse i.e. with e.g. The first means "id est" or "that is." The
many booklets to check.
second means "exempli gratia" or "example given." Some professors say "i.e."
On the other hand, if you cite the law provisions and jurisprudence first, means "in example." This is totally bullshit. Also, "e.g." does not mean
even though your yes or no answer placed in the last "example given." (Project Jurisprudence)
paragraph/sentence is wrong, you might get some credit. (The
examiner might say, “may alam tong batang to, nalito lang”). Finally, at [26] Immortal is the rule that xxx.
least, the examiner has read all your answer and explanation before [27] Well settled is the rule that xxx.
grading you for that item. [28] Well entrenched is the principle that xxx.
[29] Elementary is the rule that xxx.
CARDINAL RULES IN TAKING THE BAR [30] The cardinal rule in (e.g. labor law) is that xxx.
• Do not forget your test permits, Supreme Court color coded [31] It is a familiar canon in (e.g. political law) that xxx.
Identification card, and other pertinent documents/things as required in [32] In labor law, it is well-settled that xxx.
the letter coming from the SC allowing you to take the Bar. [33] Basic is the rule in (e.g. criminal law) that xxx.
• Bring a watch with you to keep you updated of the time left. [34] It is an elementary principle in xxx.
• Never be tempted to cheat. [35] It is a fundamental doctrine in xxx.
• Keep your focus. [36] Well accepted is the rule that xxx.
• Carefully read and comprehend the instructions and questions. [37] It is axiomatic in (e.g. civil law) that xxx.
• Answer one at a time. [38] Enshrined in the 1987 Constitution is the rule that xxx.
• Answer straight to the point. [39] In consonance with the rule that xxx (or the rule in civil law that xxx).
• Be responsive to the question. [40] It is a recognized doctrine in (e.g. civil law) that xxx.
• Answer only what is being asked. [41] It is a basic tenet in (e.g. commercial law) that xxx.
• Though it is tempting to showcase your knowledge, do not over- [42] Consistent with current jurisprudence, xxx.
elaborate. [43] It is a legal presumption, born of wisdom and experience, that (e.g.
• Avoid erasures. official duty has been regularly performed, etc.)
• Do not hurry at the expense of substance (and readability) of your [44] It is an oft-repeated rule that xxx.
answers. [45] The Philippines adheres to the principle of xxx.
• Leave a space before starting a new paragraph.
• Review your answers. SOURCE: TECHNIQUES IN ANSWERING BAR QUESTIONS BY ATTY.
• Scan your booklet before submitting the same. REY TATAD, JR from
• Be sure you have not left any question unanswered. https://www.facebook.com/attyiwillbe/posts/848575985328253
• Bring extra sign/fountain pens. When asked to give an ENUMERATION in the bar examination, please keep
• Observe proper margin. in mind these nine (9) patterns that Atty. Tatad, Jr. wants you to use.

DISCLAIMER!!!
[1] In capsule form, the following are the elements of the crime of XXX: (1)
This is only a guide material and will not and cannot assure anyone of aaa; (2) bbb; and (3) ccc.
passing or even topping the BAR. What is assured only is that it will
greatly facilitate the candidates’ presentation of his/her answers. [2] In a nutshell, the following are the elements of the crime of XXX: (1) aaa;
——–GO O D LUCK! ! ! —— (2) bbb; and (3) ccc.
Atty. Reynulfo C. Tatad, Jr.
September 2006 Bar Exam Passer [3] The following elements are generally considered in the determination of
the presence of (e.g. employer-employee relationship): (1) aaa; (2) bbb; and
(3) ccc.

[4] Among the (e.g. defenses/remedies) available to XXX as provided for by


law are: (1) aaa; (2) bbb; and (3) ccc.
When quoting the Supreme Court, citing a piece of jurisprudence or [5] The following are the requisites of XXX: (1) aaa; (2) bbb; and (3) ccc.
mentioning a principle, doctrine or theory during the bar examination or [6] In order that a case for (e.g. B.P. 22) prosper, the following elements must
during law school examinations, remember the following tips by Atty. Rey be present: (1) aaa; (2) bbb; and (3) ccc.
Tatad, Jr. (Rephrased to fit the flow of discussion.)
[7] To constitute (e.g. homicide), the following requisites must concur: (1)
[1] The Supreme Court in one case, had the occasion to rule that xxx. aaa; (2) bbb; and (3) ccc.
[2] In a long-line of cases decided by the Supreme Court, it has always been
(consistently) held that xxx. [8] (e.g. Legal compensation) requires the concurrence of the following
[3] In a litany of cases decided by the Supreme Court, it has been decreed that conditions: (1) aaa; (2) bbb; and (3) ccc.
xxx.
[4] In a long string of cases decided by the highest court of the land, xxx. [9] To establish a person’s culpability under the law on XXX, it is
[5] According to several cases decided by the Supreme Court, xxx. indispensable that (1) aaa; (2) bbb; and (3) ccc.
[6] In a series of cases decided by the Supreme Court, xxx.
If you can enumerate all items, write them in a bullet form or a numbered
NOTE: Do not use the words series, litany or long-line if there is only one form to highlight the fact that you know all of them and for the examiner to
decision/piece of jurisprudence for that topic. (Atty. Rey Tatad, Jr.) more conveniently read your paper. If you cannot enumerate all, write them in
paragraph form so that it is not easily noticeable that you missed one or two
[7] In one case decided by the highest court of the land, it was held that xxx. items. (I got this tip from our mentor Atty. Gafar
[8] In one case, the Supreme Court ruled that xxx. Lutian.) SOURCE: TECHNIQUES IN ANSWERING BAR QUESTIONS
[9] It has been said that xxx. BY ATTY. REY TATAD, JR;
[10] In a recent case, the Supreme Court has laid to rest the issue of whether https://www.facebook.com/attyiwillbe/posts/848575985328253
or not xxx.
[11] It is well settled in this jurisdiction that xxx.
[12] It is well settled in this country that xxx.
[13] The Supreme Court has steadfastly adhered to the doctrine which states
that xxx.

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