Documenti di Didattica
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Elmer Brabante
5 years ago
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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 ….
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 ….
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…
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,…
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).
36. As it is imbued with public interest,…
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)
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….
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)
19. It is a legal presumption, born of wisdom and experience, that (i.e. official duty has been regularly
performed; that the proceedings of a judicial tribunal are regular and valid and that judicial acts and
duties have been and will be duly and properly performed. The burden of proving irregularity in official
conduct is on the part of the petitioners.)
20. It is an oft-repeated rule that…
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.”
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
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
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,…
· 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
· 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.
. 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.
. 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! ! ! ——
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