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Sharing tips from my Criminal Law Professor Atty. Ruben C. Talampas, Jr.
The then Chairperson of the Committee on Bar Examinations, Madame Justice Ameurfina
Melencio-Hererra, submitted a report to the Philippine Supreme Court her observations on the
1980 bar exams.
According to her several examinees have made very unsatisfactory showing to such an extent that there is
one who obtained a grade as low as 7% another obtained a grade of 11%; still some others obtained grades of
12%; 16%; 17%; 18%; 19%; 20%; 21%; 24%; 25%; 26%; 27%; 31%; 34%; etc.”
She pointed out the general weakness of the bar examinees. She said: “The reason for this high
mortality rate, may be attributed to several factors among them in the opinion of the undersigned, may be
due mainly to the following: . . . inadequate command of the English language”.
She further emphasized: “The examinees inhabiting the lowermost rungs of the grading scale manifested not
alone an appalling lack of knowledge of the fundamental principles involved in the examination questions
but also an inability to logically string their thoughts together compounded by an almost incredible
deficiency in language skills.”
It was less than 35 years ago but still her remarks seem to be true at present.
The following are actual questions and answers of some examinees which demonstrate their lack
of knowledge of the fundamental legal principles and inadequate command of the English language:
Question No. 6(b) – “An accused was found guilty of double murder and was meted out two sentences of
reclusion perpetua. How would the accused serve the sentences?”
Answer – “Both penalties must be served by the accused, and he was electrocuted and died then it
washes out the remaining sentence to served by the accused.”
Question No. 11. – “Patrolman Cruz, acting under orders of the Municipal Mayor, Who wanted to put a
stop to the frequent occurrence of robbery in Sitio Masukal, patrolled the place. At about midnight, seeing
three persons acting suspiciously in front of an uninhabited house and entering the same, he arrested them
without warrant and took them to the municipal building where they were detained in jail for about five
hours before they were released. Patrolman Cruz was accused of arbitrary detention. If you were the Judge,
would you convict him of the crime charged?”
Answer – “No. considering his possession as peace officer by the higher authority to patrol the
place where robbery are frequent. The one responsible for this is the Municipal Mayor who order
without warrant of arrest and the act of the patrolman are in good faith believing to be a robbery
entering a house. So the proper party liable is the Municipal Mayor.”
Question No. 17 – “AA” was the owner of a jeepney for hire. When his driver was hospitalized, he hired
“BB” as driver on a temporary basis and entrusted to him the vehicle for transporting passengers from
Quiapo to Baclaran with a compensation of P30.00 a day. “BB” never returned the vehicle and after search
the vehicle was found in Tarnate, Cavite, about to be sold. “BB” was charged with Qualified Theft and was
convicted. Appealing the judgment of conviction, defense counsel contends that “BB” may have committed
Estafa but not Qualified Theft on the theory that the possession of the vehicle was obtained with the consent
of “AA” the owner, and therefore, there was no illegal taking. Decide the case.”
Answer – “The defense counsel of the accused contention in untenable assuming now that there is
no illegal taking of the jeep from “AA”. The owner but “BB” a temporary driver hired by “AA”
failure to return the jeep such vehicle as now ready to be sold by “BB” have an intent to gain is
theft cases as an element.
Our aim, of course, is not to ridicule and immortalize these Bar answers. Our aim is to
remedy, correct, and supplement the aforesaid deficiencies for future bar takers so that they
would not suffer the same fate.
By far the most important tool that the bar candidate could equip himself with which to tackle the
examination that is inherently personal to him is command of written English. The examinee who
has a fairly good command of English, assuming that he is prepared in all other matters, stands
definitely with a much better chance of passing.
Not all the BAR tips I will be presenting here are mine. I believe they are the collective
ideas of past bar examinees, bar topnotchers, bar lecturers and law professors who want to
share their experiences and have the desire and concern to help future bar takers. I will try
though to present these in a more comprehensible and effective way.
A bar examinee’s answer should be a total “package”. Meaning, it contains all the necessary
ingredients. This is when the 4Ls come in: law, language, logic, and layout. His answer should
be legible and neat without the irritating erasures observing the proper margin and space
between paragraphs with correct composition, grammar and spelling coupled of course of the
knowledge of the law principles and its application to the given set of facts responsive to the
issue or question at hand.
The examiner will be looking and expecting for the following from your answer:
1. Proper understanding and appreciation of the facts, particularly of the components or details
that can be material in resolving the given problem;
2. Appreciation of the applicable laws that may come into play;
3. Recognition of the issues posed;
4. Resolution of the issues through the analysis and application of the law to the given facts; and
5. Presentation and articulation of answer.
Your answer should demonstrate your ability to identify correctly the problem(s) and issue(s) of
law presented in the question. Your answer should demonstrate your ability to articulate and
classify the problem presented, that is, to state it in a lawyer-like fashion and to place it in its
proper category or categories of doctrine.
Your answer should demonstrate your knowledge of legal principles and your ability to repeat
them accurately on the examination as they relate to the problem presented by the question. You
should state concisely the principle(s) and rule(s) governing the issue(s) presented by the question.
Your answer should reveal your capacity to reason logically by applying the appropriate rule or
principle to the operative facts of the question as a step in reaching your conclusion. This involves
making the correct preliminary determination as to which facts in the question are legally
important and which, if any, are irrelevant.
The line of reasoning that you adopt should be clear and consistent without gaps or digressions.
This is the most important element in your answer and, therefore, carries the most weight in the grading
process.
CONCLUSION
You should address yourself to the task that the question asks you to perform. For example, if the
question calls for a specific conclusion or result, such conclusion should clearly appear in your
answer and should be stated concisely and without equivocation.
An answer that consists entirely of mere conclusions unsupported by any statements or discussion
of the rules or reasoning upon which it is based is entitled to little credit. Clarity and conciseness
are important, but make your answer complete. Do not volunteer irrelevant or immaterial
information.
ARTICULATION
You must also be aware that the Bar questions are not all “case or situationer problems”. There are
other types of Bar essay questions you ought to know so you will be able to prepare and answer
them properly in case you encounter one. The usual types of Bar essay question are enumerated
below:
1. Enumeration;
2. Distinction;
3. Definition;
4. Reason behind the law/concept/principle; and
5. Case Problem.
CASE PROBLEM
This type comprises an average of 80 – 90 percent of the questions in every subject, hence, it is
imperative that you are well-versed in answering the same.
Given that you know already the law; that you know how to apply it to the set of facts; that you
write legibly enough; left you with one problem – that is how are you going to present or articulate
it in an impressive manner.
A ready outline or structure of your answer will tremendously help you to answer faster without
missing an important part. By constant practice in answering this type of question with the
outline/structure in your mind, you will be amazed how it easy for you to start outright and
tackle the question and come up with an impressive answer.
3rd Paragraph – Correlation of the Law/Jurisprudence with the Facts of the Case
th rd
4 Paragraph – Conclusion (this may be part of the 3 Paragraph)
Okay, you already have an outline but isn’t it boring for the examiner to read in your answers the
same words or phrase at the beginning of your paragraphs? For example you will use these words
in every answer: the contention is untenable; the law provides; therefore. The examiner will spot
this and might not be impressed to you at all which will result to a lesser points.
You will agree that the hardest thing to do is to start. We want that the first sentences or paragraph
we will write will impress the examiner and more often we cannot find the right words to start.
Would it be easier if just like the outline you have already a pool of words waiting to be used?
Knowing “First Liners” or introductory words will greatly help you to quickly and smoothly
string your thoughts and effectively convey your answers. The following “first liners” or
introductory words can be used interchangeably to begin every paragraph of your outlined
answer.
The following “Useful Introductory Lines” are mostly taken from the article of Atty. Rey C. Tatad,
Jr. with the same title.
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. The act of the accused in… is of no 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…
useless/futile.
25. The actuations of the accused in (i.e. fleeing and hiding) negates (i.e.
innocence)
nugatory.
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.
Property)
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
* Do not use the words series, litany or long-line if there is only one
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…
CONCLUDING WORDS
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……
Hence.. …
X’s 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….
Therefore/Consequently… . . .
The. . . . is proper/tenable/untenable
Moreover . . ..Hence/Therefore
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
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)…
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:
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. Finishing is the key. Many fail the Bar exam (http://lawyerist.com/tag/bar-exam/) because
they don’t finish the exam. They spend so much time on an early question that they can’t 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. Don’t 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. It’s easy to waste time by getting carried away by a single question or by
getting stuck on a question that’s 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 aren’t 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 won’t get all the possible points if you don’t
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. Don’t make the Examiner search for your answers. Make
your answer look professional. Don’t use textspeak and don’t abbreviate. Answers which look
professional, are well organized and which use paragraphs and indenting where appropriate
make the Examiner’s 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. Don’t submit your test booklet too early. There’s 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 approach we’ve 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.
Tagged:
BAR TIPS
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