READING AND WRITING FOR THE BAR EXAMINATION

I. CHOOSING A REVIEW CENTER A. Choose a review center which has a good schedule of subjects, minimal discrimination (for the provincianos), and of course, low enrolment fee; B. A review center which is near to your dorm or place and the examination center (La Salle) is better. This is to avoid traffic jams and wasted time; C. A well known review center is not a guarantee that you will pass the bar. The measure of your success is how well you were able to prepare yourself for the examination. It is suggested that one that is convenient to you and offers fair memory aids and materials; D. In any case, measure each option according to its advantages and disadvantages; CHOOSING A PLACE TO STAY A. You should be near to your review center, place of examination and immediate help; B. Well ventilated and lighted, peaceful; C. With labandera to wash for your clothes and someone who will be preparing your meals or a nearby eatery, canteen or restaurant; PREPARATION A. Prepare a timetable and strictly observe it.
Example of a timetable: (if your pre pre-bar review is one year prior to bar exam) 1-2-3-2(3) [mirror technique (martial arts?) integrated] 1 month per subject; 2 weeks per subject; 3 and 2 (or 3, without rest on Saturdays) days per subject; 1 month per subject (Sept. to Apr.: 8 bar subjs. 8 months) [comprehensive] Sep: Political Law Oct: Labor Law Nov: Civil Law (can be extended and overlapped with other subjects) Dec: Taxation Law Jan: Mercantile Law Feb: Criminal Law Mar: Remedial Law Apr: L.E. and P.E. (can be shortened to just few weeks to accommodate R. Law) 2 weeks per subject (May to Aug.: 8 bar subjs. 4 months) [focus: frequently asked bar questions and legal provisions; fast paced] 1st and 2nd weeks of May: Legal Ethics and Practical Exercises (can be shortened to 1 week to accommodate Remedial Law) 3rd and 4th weeks of May: Remedial Law 1st and 2nd weeks of June: Criminal Law 3rd and 4th weeks of June: Mercantile Law 1st and 2nd weeks of July: Taxation Law 3rd and 4th weeks of July: Civil Law 1st and 2nd weeks of Aug.: Labor Law 3rd and 4th weeks of Aug.: Political Law 3 days per subject (September: 8 bar subjs. 20 days) [focus: frequently asked bar questions or legal provisions; fast paced] 1st Sunday Mon. to Tue: Labor Law (or Mon. to Wed.) 1st Sunday Wed. to Fri.: Political Law (or Wed. To Sat.); Sat. rest (optional) 2nd Sunday Mon. to Tue.: Taxation Law 2nd Sunday Wed. to Fri.: Civil Law; Sat. rest (optional) 3rd Sunday Mon. to Tue.: Criminal Law 3rd Sunday Wed. Fri.: Mercantile Law; Sat. rest (optional) 4th Sunday Mon. to Tue.: L.E. and P.E. 4th Sunday Wed. to Fri.: Remedial Law; Sat. rest (optional)

II.

III.

B. Worry only about meeting your timetable (without jeopardizing your study quality) and nothing else. Congratulate yourself if you have met your timetable.

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C. Be mentally and physically active during the hours you should be taking the examination and study on these hours. D. Do not study with a full stomach. Eat only when the need arises. E. Do breathing exercises if you are feeling sleepy when studying. Ten deep inhales and exhales every time will help. Others suggest psychotropic substances help such as those in cigarettes, coffee or chocolates. F. Get a hold of those materials which are substantially complete but not lengthy. One or two reviewers each subject with memory aids will do. A material is useful for review if it can answer most questions or problems posed. G. Do not study depending only on the subjects weight. A subject that is overlooked or disregarded might fail you. H. Read Answers to Bar Qs by the UP Law Center. Be careful to note the applicable laws and jurisprudence each examination year, how a problem is phrased or worded and answered. I. Read recent SC decisions 2 (or 5) years prior. Note especially the landmark, novel etc., cases and highlight the gist. J. Note and mark the frequently asked bar questions (objective and problem type), and codal provisions. When time constrained, study only these. K. Some recommend that you have to memorize what you do not understand, others, understand what you cannot memorize. You can choose which one that suits you. L. It is not uncommon that there are questions in the examination that are specially designed to rattle you. Expect also far-fetched, unrelated, unfair or erroneous (creatively prepared) questions. M. A legible handwriting (observing proper margins), a correct grammar and logic, and reasonable opinion on the question might save you if you are not sure with your answer. N. Have a time to unwind. O. Call to your Divine Providence whenever possible. IV. EXAMINATION PROPER A. Sleep and wake up early. B. Eat light breakfast specially the one you are used to. C. Check whether you have with you all the necessary things to bring. D. Dress comfortably, reserve a jacket and wear waterproof shoes. E. Do writing warm-ups. F. Reading at this moment will generally not help you anymore, but others suggest otherwise; G. Do not argue with your fellow examinees or with whomever about what you or they know, or at least not this moment. H. Observe proper sitting posture to avoid back pains. I. If you are feeling nervous or tired, do breathing exercises. J. If not answering, rest your arms and hands. K. In each Sunday of the examination, you have 4 hours in the morning (240 minutes = 12 minutes each item in a 20 question examination) and 3 hours in the afternoon (180 minutes = 9 minutes each item in a 20 question examination). Reserve 3 to 5 minutes (included in the 9 or 12 minutes per item) to mentally arrange the answer in your mind, and then write with normal speed to avoid erasures. L. After you are done, leave the examination premises quickly and keep to yourself what happened inside the room. READING FOR THE BAR EXAM (Read this before you ignite for review) A. Memorization - To help you memorize, picture the words into images and relate it to each other by linking. Having it in mind will help you remember the ABSOLUTELY FREE Page 2 of 10

V.

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READING AND WRITING FOR THE BAR EXAMINATION

definition, enumeration etc. Or you may try memorizing the keywords in a definition or phrase; - When using mnemonics, each letter of the alphabet should have a corresponding similar sounding word. Example: A ace; B - bee etc. The letter mnemonic should be the keyword of the definition or paragraph. This is because if you forget the exact word in the definition or phrase, by pronouncing the letter-word equivalent, you can at least guess the forgotten word; - Take a 2 to 10 minutes rest after 1 hour of reading. This will help you to sort things out. Reading for long hours without breaks may drain you. After the 2 to 10 minutes break, have a quick review and preview of what you have learned, and then continue your study. Example: 8:00 9:00: Articles 2 30, Civil Code 9:00 9:10: Break (rest your mind) 9:10 9:15: Quick Review and Preview 9:15 Start of the new topic B. Speedreading and speedlearning - Fast readers read chunks of information at a time. This means they read a few words at a time instead of word by word. By reading in chunks, you will learn to be a faster reader. - Try to picture what you read. If the text refers to a 'bear', think of a bear. Picturing things will help you remember and understand what you read. - Try not to say the words in your head when you are reading. This will slow you down. - To save time, read quickly the material and mark the important keywords (words! specially the nouns and verbs or if not practicable simple phrases). After quick reading, you can assess the material whether it is worth reading at all, otherwise, proceed to the next topic or material; - Remember that the reason why you are reading the material is to find the answer in the examination; To read fast and comprehend fast 1. Procedure a. Strategies to speed read. (or use the software Rocket Reader) i. One factor in slow reading is subvocalization. The process is that, if we are reading silently, our throat muscles betray very subtle electrical signals from our brain, as if these are being engaged in speaking. Our reading speed is thus largely controlled by our speaking rate. You could try reading aloud faster, using the same material you tested on, and you will encounter certain barriers to the process of speeding up, such as your ability to pronounce the words and control the movement of your eyes line by

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READING AND WRITING FOR THE BAR EXAMINATION

line without skipping. This exercise demonstrates that we can only go so far if our approach is rapid speech. To break this habit, you can read while uttering a series of letters or numbers (my suggestion is hum a song or a nursery rhyme while reading). With this, your mind is forced to focus on the printed text and abstract the ideas directly. (The fact is that the processing speed of the mind is much faster than either silent reading or oral reading speed. Thus, the faster you read, the faster you process.) ii. Another factor depends on some of our physical and mental aspects of the reading act. We realize that attention, emotion and cognition have strong effects on the reading rate. If you are alert and fully concentrated on the task of reading, your reading rate goes higher. While to some extent you can condition your mind to becoming alert and focused, it also helps to work on to your reading setup. Your posture should be erect, from your buttocks to the top of your head, your head and shoulders relaxed, your heads raised up and positioned very slightly forward (following the Alexander technique). This is a natural posture of your upper body assumes when you are alert and attentive, and by a neat psychological trick, this is also the posture that induces alertness and attention. The setting for your reading also matters. A straightbacked chair with armrests and a table at a standard height (about 29 inches from the floor) is prescribed. A chair with a small adjustable support for the small of the back is even better. You may also use a bookstand to keep the plane of the page perpendicular to your to your sightline, and keep your hands and arms from getting tired (You can also do this when you are already taking the examination). Natural light through the windows, coupled with fluorescent lighting, provides good illumination for reading. If you use a reading lamp, position it such that its light strikes the text from the left (also prescribed for writing). An ambient sound may also help you relax but choose the sound that will not put you to sleep, or get your attention away from your reading (such as popular songs like Wowowee). Instrumental music which has the tempo of about one beat per second has been proven to induce alpha waves in the brain, which signify a kind or relaxed alertness. If you are interested in the text, you tend to read faster and understand better. To induce this, try to be curious about or even intrigued by the information in the text. Another is to react emotionally (positive) to the text, even if it is non-fiction. Feeling happy about having learned something is a good combination of By: Guess Who? ABSOLUTELY FREE Page 4 of 10

READING AND WRITING FOR THE BAR EXAMINATION

curiosity and positive emotional reaction. The negative emotions have to be avoided though, because they tend to bring down your comprehension. VI. WRITING FOR THE BAR EXAM A. Discourse 1. Unity a. Focus on a particular topic. All ideas should be relevant to the main point. b. Length of answer should be a function of generality or complexity. Do not at the outset think of filling up three or five pages of writing, rather, think of ideas you would like to communicate in the piece of writing and their sufficient development would determine the length of your text. NOTE, however, if the examiner asks for a brief answer or explanation. 2. Integrity a. Text communicates your intended meaning completely such that your reader will be able to comprehend and evaluate your text by itself. b. Adequate development. Answer should be supported. 3. Cohesiveness a. Answer should read smoothly. i. Use transitions 1. Coordination joining equal or related ideas 2. Subordination joining ideas and clarifying the relationships between ideas of unequal importance ii. Words that can be used: Examples:
TIME RELATIONSHIP first, second, third later, now next, last during before, finally earlier finally after meanwhile then outside inside beyond behind here SPATIAL RELATIONSHIP before ahead beneath near above

COMPARISON OR CONTRAST however nevertheless yet in like manner likewise on the contrary similarly instead nonetheless conversely CAUSE AND EFFECT thus so then because of therefore on the account of as a result since

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READING AND WRITING FOR THE BAR EXAMINATION

accordingly ADDITION also besides too moreover EMPHASIS indeed in fact even EXAMPLES for instance for example namely also in other words especially as an illustration that is in particular consequently second as well in addition furthermore

COORDINATING DEVICES Coordinating conjunctions Correlative Conjunctions and but either or or nor neither nor yet so not only but also Conjunctive adverbs ; nevertheless, ; moreover, ; consequently, ; otherwise, ; however, ; indeed, SUBORDINATING WORDS Comparisons As though As if As well as just as as much as

Addition or identification That where Which whom Who whose Time relationships After Whenever Before Since Cause and effect Because So that In order that Contrasts Though until when while as soon as whether provided that

whereas

although

NB: use coordination and subordination in moderation, in logical places, and at appropriate times. b. Succeeding developers should be relevant with supporting details. - Good for explaining B. The Form of Answer 1. Use of syllogism (deductive reasoning) - Establishing a general principle and then drawing conclusions about specific situations, facts, examples etc. By: Guess Who? ABSOLUTELY FREE Page 6 of 10

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a. Example
All Bicolano dishes are spicy. Bicol Express is a Bicolano dish. Bicol Express is spicy. Deconstruction: Bicolano dishes (subj.) (Middle term) Bicol Express (subj.) (Minor term) Bicol Express (subj.) (Minor term) spicy (pred.) (Major term) Bicolano dish (pred.) (Middle term) spicy (pred.) (Major term) (Major premise) (Major premise) (Minor premise) (Conclusion)

(Minor premise)

(conclusion) (The sweet marriage of minor and major terms)

NB: The orders in which premises and conclusions are stated are not significant from the point of view of logic. Frequently, the premises come first, and the conclusion follows. But it is also common for the conclusion to appear in the first sentence and the premises after it. Sometimes the conclusion precedes in a one-sentence argument. When arguments offer several premises in support of their conclusions, those premises maybe given numbers, or letters, or they maybe enumerated as first, second third, etc., or otherwise indicated through the use of premise indicators. (ex. since, because, for as, for the reason that, etc.). It is also not necessary that the conclusion be at the beginning or at the end of the argument. It maybe sandwiched between different premises offered in its support. i. An example of syllogism used in Answers To Bar Examinations Questions by U.P. Law Center Rosa is correct because the donation is void. The property donated is an immovable. For such donation to be valid, Art. 749 of the NCC requires that the donation and the acceptance to be in a public instrument. There being no showing that Amandas acceptance was in a public instrument, the donation is void. ii. Other examples

Conclusion

Major Premise

Minor Premise

APPLICABLE LAWS: Art. 40. Birth determines personality, but the conceived child shall be considered born for all purposes that are favorable to it, provided that it be born later with all the conditions specified in the following article. Art. 41. For civil purposes, the fetus is considered born if it is alive at the time it is completely delivered from the mothers womb. However, if the fetus had an intra-

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uterine life of less than seven months, it is not considered born if it dies within twenty-four hours after its complete delivery from the maternal womb. (Civil Code) Facts: After seven months of conception, W gave birth to a dead baby girl. Question: Did the child acquire personality? Answer: No. (Conclusion): The child did not acquire civil personality. (Major premise): Under the Civil Code, birth determines personality, but the conceived child is considered born if it is alive at the time it is completely delivered from the mothers womb. (Minor premise): The child was not alive at the time of its delivery from the maternal womb; it was born dead.

Another example:
APPLICABLE LAW: Art. 4. Criminal liability. Criminal liability shall be incurred:

1. By any person committing a felony (delito) although the wrongful act

done be different from that which is intended.

2. By any other person performing an act which would be an offense

against persons or property, were it not for the inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means. (RPC) Facts: A was waiting for B with the intention of killing him. He later saw C, believing him to be B, he fired upon and killed c, whom he had not the slightest idea of hurting. Question: Is A criminally liable for the death of C? Answer: Yes. (Major premise): Under the law, criminal liability is incurred by any person committing a felony even if the wrongful act be different from that which he intended. (Minor premise): While A had no intention of killing C, the act of firing at and killing a person whom he assumed to be another person constituted a felony. (Conclusion): A is criminally liable for the death of C.

2. Avoid begging the question/ repeating the question *** - Begging the question or circular reasoning occurs when the examinee attempts to use the pattern of cause and effect reasoning. Thus, the examinee ends up saying something like: I am happy because I am contented. or He is wealthy because he has a lot of money. You must answer the question posed and not simply express it in slightly different language. 3. Brief but concise - Without being too terse or curt, use the shorter forms to express your meaning.

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4. Direct and clear - State your point directly. - When explaining, assume that the reader do not know anything about the topic. In other words, explain thoroughly, unless told otherwise but without being wordy. C. Answering Certain Types of Questions 1. Compare - Focus on similarities. Informative for items which are thought to be different, such as discussion on the common features. Example: social security from union security clause 2. Contrast - Focus on differences. Informative for items that are usually perceived as similar to each other. Example: ordinary partnership from implied partnership 3. Distinguish (either compare or contrast) - Determine if the principles, words, clauses etc., to be distinguished are similar or different with each other then proceed to compare or contrast. If you are not sure, distinguish by their definition. 4. Define - Define a word, clause, principle etc, by how the law defines it. If you can not remember the definition, define by how you understand the word, clause or principle. Use the proper words and terms. 5. Explain/Discuss - Succeeding developers should be relevant with supporting details. - Impress the examiner by what you know, and with humility. 6. Problem type fact centered - Get only the relevant facts. Apply the relevant law/s to the facts. Use the prescribed form of an answer. 7. Enumerate - If your answer is incomplete, enumerate in paragraph form. -Bibliography Answers to Bar Examination Questions in Civil Law 1975-2000. 2001. UP Law Center: Quezon City. Applied Logic. 2001. Unknown source. Grammar and Composition. 1990. Mass.: Prentice Hall. Buzan, Tony. 1986. Use Your Memory. London.

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Malicsi, Jonathan. 2000. The ELP Writing and Reading Strategies. Philippines: Quezon City.

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