The following Useful Introductory Lines
The act of the accused in is of no
are mostly taken from the article of Atty.
Rey C. Tatad, Jr. with the same title.
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 decision is not in accord with law
and jurisprudence.
2. The decision is erroneous.
3. The contention is totally misplaced.
4. The doctrine of.. does not apply in
this case.
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/Respondents/Complainant
s/Plaintiffs/Defendants/Accused reliance
on the (i.e. doctrine of) is inappropriate.
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.
moment.
18. The assertion lacks substance.
19. The (i.e. respondent) cannot rely on
(i.e. mere alibis) to aid his cause.
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
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.
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 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)
42. The claim for (i.e. moral damages)
must necessarily fail.
ANSWER THAT 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.
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
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
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 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
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
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)
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
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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
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,
Using the outline and the first liners
above, make a format or model of your
answer and use what you deem is
applicable in a given question. You may
make your own models as many as you
want but it is suggested to have at least 10
models. Here are some examples (taken
from my 2007 Bar Tips to NEU and INC Bar
Examinees):
No/Yes. He can/cannot..,
The law provides that/The Supreme Court
has held in a line of cases
In the case at bar..
Hence..
Xs claim is not meritorious, hence the case
should be decided against him
According to the law/The Supreme Court,
in many cases, has ruled that.
4
Based on the facts of the case
Therefore/Consequently . . .
The. . . . is proper/tenable/untenable
It is a well settled rule/As provided for
under the
Moreover . . ..Hence/Therefore
Under the provisions of
RA/Constitution/Law/Statute. . . .
On the problem at hand..,..Consequently
On the other hand.
As such it should be ruled
ENUMERATION
The real secret in remembering the matters
contained in an enumeration is the use of
keywords. Make your keywords on
enumerations you consider important.
Never leave a blank in an enumeration!
However, if you use the letters a, b, c, etc.
for numbers in the enumeration, so much
the better. Ten to one, the examiner may
not count his fingers. Make the first four in
the enumeration definitely good.
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.
1.
2.
3.
If you cannot enumerate all, write it in
paragraph form so that it would not easily
be noticeable that you missed something.
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 of
the 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
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. 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 following
ways:
5
a.
b.
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
DEFINITION
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
REASON BEHIND THE
LAW/CONCEPT/PRINCIPLE
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
ADDITIONAL TIPS ON HOW TO
APPROACH BAR ESSAY QUESTION
1. Finishing is the key. Many fail the Bar
exam because they dont finish the
exam. They spend so much time on an
early question that they cant finish
the later ones. Or they work on all of
the questions at once, but without
finishing some or all of them. Either
way, these Bar candidates are writing
too slowly, and it costs them their
ticket to a law license. Focus on one
question at a time. Dont bother or
think of another question while
answering one.
2. Budget your time according to the
number of questions and length of
problems. Check the point percentage
allocation for each question. This will
be your guide on how much time you
will spend for a question. Of course,
you will devote more minutes to
questions with a big or higher
percentage (i.e. 5%; 10%) than
questions with a minimum point
percentage (i.e. 1%; 2%).
3. Set a time schedule. Its easy to waste
time by getting carried away by a
single question or by getting stuck on
a question thats giving you trouble.
Make a general allocation for each
question and adjust the time
depending on their percentage weight.
Monitor your pace so that you stay
calm and will be able to answer all
questions on the exam.
4. If the question is lengthy, read first
what is required at the bottom of the
question. By doing this, you will be
able to determine what facts do you
need and what facts are immaterial.
This will save you time from re-reading
the question. You can also start
formulating your answer in mind while
reading the question, thus, it will be
easier and faster for you to write your
answers since you are already guided
by your earlier analysis. It will also
minimize errors and erasures.
5. Be reminded that one of your tasks
while preparing for the Bar exam is to
become an expert fact pattern
reader. So what do you do if you arent
6
 very good at reading facts? You need to
experiment with different ways to get
better at reading facts. Practice
answering past Bar questions as many
as you can. Analyze the suggested
answers and take note how the
answers used the facts in the problem.
Remember, you wont get all the
possible points if you dont understand
what the Bar examiners are asking
you. You must become an expert fact
reader in order to write a complete
exam answer.
6. Before answering, formulate on your
mind what will be placed on your first,
second and third paragraphs. Mentally
apply your outline. 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.
7. Use logic or common sense when you
do not know the answer. Ask the
question, What is the best solution or
resolution for this case? or If I were
the examiner how do I want the
question answered? Do not just
guess, make a smart guess. Your best
guide is to think what is most just and
equitable since these are the purpose
any law seeks to achieve.
8. If you really have no idea on how to
answer a really difficult question, or a
borderline case, or you do not know
what the answer is, the use of inverted
pyramid of answering question may be
helpful. This may be done by inverting
the usual answer format. Initially,
present your knowledge of the law
and/or jurisprudence, then make your
smart guess. With this, you may be
able to show or convince the examiner
that you know something about the
issue but you were merely incorrect in
your conclusion, you may get a credit
for your answer.
9. Number your answer accordingly.
Dont make the Examiner search for
your answers. Make your answer look
professional. Dont use textspeak and
dont abbreviate. Answers which look
professional, are well organized and
which use paragraphs and indenting
where appropriate make the
Examiners job easier.
10. An answer to one question in one
problem requires a separate page.
Answers to sub-questions may be
presented continuously in a page
separated by space/s. It is suggested,
however, that even answers to sub-
questions be presented on separate
page, unless your answer is very short,
so that in case you want to change any
or in case you have missed a sub-
question, you can still insert your
answer in the remaining spaces of the
page.
11. Dont submit your test booklet too
early. Theres no prize for early
finishers. Budget and utilize all the
time allocated for you to: (a) compose
good answers; (b) review your answers;
and (c) write legibly.
12. Practice, practice, practice. Practice is
vital to your success in the Bar exam.
You must get used answering Bar
essay questions. The only way to know
if you can (or if you know the law) is to
practice. Answering Bar questions
regularly will help you learn the law as
well as become a better tester. There
are many sample bar exam essay
questions and answers available on
the internet. You may also find the
Q&A published by the UP Law Center
helpful.
13. The key to success in any endeavor is
preparation. Familiarity with the
structure of the essay questions and
how you respond to them will go a long
way in alleviating your anxiety on test
day. You job is to practice the
7
 approach weve just outlined so that it
becomes so automatic by exam day
that you move from one step to the
other without missing a beat.
14. At least twice during your bar prep
(ideally four), do a simulated Bar exam
day. Do a mock version of it. The key is
to practice under conditions similar to
the actual Bar examinations. This will
make you mindful of time constraints
and more comfortable when you
approach the real test, the Bar exam.
15. Finally, PRAY!