15 WAYS OF CITING LAW IN ESSAY EXAMS

When citing a legal provision, either from statute or from the Constitution, during the
bar examination or during law school examinations, remember the following tips by
Atty. Rey Tatad, Jr. (Rephrased to fit the flow of discussion.)

[1] No less than the (e.g. 1987 Constitution) provides for the xxx.

[2] The (e.g. Rules of Court) provides in part that xxx.

[3] Under the (e.g. due process clause, the no-bail clause under RA 9165, etc.), xxx.

[4] Under the law on (e.g. insurance premium), xxx.

[5] Under the law, xxx.

[6] According to the (e.g. Family Code), husband and wife shall xxx.

[7] The law is explicit on the matter of adoption that xxx.

[8] The law on sales expresses in part that xxx.

[9] By express provision of law, xxx.

[10] By operation of law, xxx.

PJ'S NOTE: Actually, "by operation of law" is used to mean that the law already
considers the situation so. For example, setting off under the law on obligations and
contracts is by operation of law. There is no need for judicial action in order for
setting off to take place between mutual creditors and debtors for debts that are
already due.

[11] As a matter of law, xxx.

[12] Worth remembering (BETTER: Worth to note) is the law on co-ownership which
provides in that xxx.

[13] Decisive on the matter is the pertinent provision of the (e.g. law on property).
Possession shall be presumed in good faith and he who alleges bad faith bears the
burden of proof.

[14] Our succession law prescribes certain formalities in the making of a will. One
such formality is xxx.

[15] By legislative fiat, the act of asking for sexual favor in exchange of promotion or
employment xxx.
 BAR EXAM TIPS: 45 WAYS OF CITING SC CASES, THEORIES

When quoting the Supreme Court, citing a piece of jurisprudence or mentioning a

principle, doctrine or theory during the bar examination or during law school
examinations, remember the following tips by Atty. Rey Tatad, Jr. (Rephrased to fit
the flow of discussion.)

[1] The Supreme Court in one case, had the occasion to rule that xxx.

[2] In a long-line of cases decided by the Supreme Court, it has always been
(consistently) held that xxx.

[3] In a litany of cases decided by the Supreme Court, it has been decreed that xxx.

[4] In a long string of cases decided by the highest court of the land, xxx.

[5] According to several cases decided by the Supreme Court, xxx.

[6] In a series of cases decided by the Supreme Court, xxx.

NOTE: Do not use the words series, litany or long-line if there is only one decision/
piece of jurisprudence for that topic. (Atty. Rey Tatad, Jr.)

[7] In one case decided by the highest court of the land, it was held that xxx.

[8] In one case, the Supreme Court ruled that xxx.

[9] It has been said that xxx.

[10] In a recent case, the Supreme Court has laid to rest the issue of whether 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.

[14] In a case with similar facts, the Supreme Court ruled that xxx,

[15] In several notable Supreme Court decisions, the highest court declared that
xxx.

[16] The Supreme Court has often stressed that xxx.

[17] In the landmark case of AAA vs. BBB, the Supreme Court laid down the
doctrine which substantially provides that xxx.

NOTE: Better cite very famous cases only. (Atty. Rey Tatad, Jr.)

[18] In the leading case of AAA vs. BBB, xxx.

[19] As enunciated by the Supreme Court in one case, xxx.

[20] The court has repeatedly ruled that xxx.

[21] A case in point is AAA vs. BBB where the Supreme Court held that xxx.

NOTE: The phrase "already decided by no other than the highest court of the 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 Court
has consistently declared that xxx.

[23] Deeply rooted is the jurisprudence which provides that xxx.

[24] In one case, the Supreme Court was emphatic when it ruled that xxx.

[25] It is hornbook doctrine in (e.g. civil law) that xxx.

NOTE: Do not confuse i.e. with e.g. The first means "id est" or "that is." The second
means "exempli gratia" or "example given." Some professors say "i.e." means "in
example." This is totally bullshit. Also, "e.g." does not mean "example
given." (Project Jurisprudence)

[26] Immortal is the rule that xxx.

[27] Well settled is the rule that xxx.

[28] Well entrenched is the principle that xxx.

[29] Elementary is the rule that xxx.

[30] The cardinal rule in (e.g. labor law) is that xxx.

[31] It is a familiar canon in (e.g. political law) that xxx.

[32] In labor law, it is well-settled that xxx.

[33] Basic is the rule in (e.g. criminal law) that xxx.

[34] It is an elementary principle in xxx.

[35] It is a fundamental doctrine in xxx.

[36] Well accepted is the rule that xxx.

[37] It is axiomatic in (e.g. civil law) that xxx.

[38] Enshrined in the 1987 Constitution is the rule that xxx.

[39] In consonance with the rule that xxx (or the rule in civil law that xxx).

[40] It is a recognized doctrine in (e.g. civil law) that xxx.

[41] It is a basic tenet in (e.g. commercial law) that xxx.

[42] Consistent with current jurisprudence, xxx.

[43] It is a legal presumption, born of wisdom and experience, that (e.g. official duty
has been regularly performed, etc.)

[44] It is an oft-repeated rule that xxx.

[45] The Philippines adheres to the principle of xxx.

 WHEN ASKED TO DISTINGUISH CONCEPTS; 5 BAR EXAM TIPS

In answering questions during the bar examination or during law school

examinations, keep in mind the following tips by Atty. Tatad, Jr. (Rephrased to fit the
flow of discussion.)

When being asked to DISTINGUISH, do not state the definition of the concepts. If
you give their definition, you are in effect asking the examiner to extract out the
differences of the two [or more] from your definition. Also, do not give their
similarities. You are asked to differentiate and contrast, so similarities are not
included (a tip learned by Atty. Tatad, Jr. from his professor in Civil Law Review I,
Atty. Virgilio Gesmundo).

The number of distinctions (or aspects of difference you should give) must be
proportional to the points allotted for such. If the question is only worth two points,
there is no need to give eight distinctions. The examiner cannot give you eight
points for that.

SAME QUESTION THE 2007 BAR EXAM ON CIVIL LAW; ITEM #1

Distinguish the following concepts:

a. Occupation v. possession. (5%)

b. Illegal and impossible conditions in a simple donation v. illegal and impossible
conditions in an onerous donation. (5%)

PATTERNS TO USE WHEN DISTINGUISHING CONCEPTS

[1] The (i.e. two) may be distinguished from each other in the followings ways: XXX,
YYY and ZZZ.

[2] In the first, it is necessary that there be XXX, whereas in the second it is
sufficient that there be YYY.

[3] In the former, XXX while in the latter YYY.

[4] The former requires XXX while the latter YYY.

[5] XXX applies to YYY. On the other hand, ZZZ applies to AAA.
 BAR EXAM TIPS: 9 WAYS TO ENUMERATE

When asked to give an ENUMERATION in the bar examination, please keep in

mind these nine (9) patterns that Atty. Tatad, Jr. wants you to use.

[1] In capsule form, the following are the elements of the crime of XXX: (1) aaa; (2)
bbb; and (3) ccc.

[2] In a nutshell, the following are the elements of the crime of XXX: (1) aaa; (2)
bbb; and (3) ccc.

[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.

[5] The following are the requisites of XXX: (1) aaa; (2) bbb; and (3) ccc.[6] In order
that a case for (e.g. B.P. 22) prosper, the following elements must be present: (1)
aaa; (2) bbb; and (3) ccc.

[7] To constitute (e.g. homicide), the following requisites must concur: (1) aaa; (2)
bbb; and (3) ccc.

[8] (e.g. Legal compensation) requires the concurrence of the following conditions:
(1) aaa; (2) bbb; and (3) ccc.

[9] To establish a person’s culpability under the law on XXX, it is indispensable that
(1) aaa; (2) bbb; and (3) ccc.

If you can enumerate all items, write them in a bullet form or a numbered form to
highlight the fact that you know all of them and for the examiner to 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 items.
 BAR EXAM TIPS: 14 TECHNIQUES IN DEFINING, EXPLAINING

When giving a DEFINITION or an EXPLANATION in the bar examination, please

keep in mind these fourteen (14) patterns that Atty. Tatad, Jr. wants you to use.

[1] XXX is a comprehensive term used to describe YYY.

[2] XXX, in its generally accepted sense, refers to YYY.

[3] It is a safeguard and guarantee provided by the 1987 Constitution..

[4] It is a kind of relief granted to XXX by the [law].

[5] XXX is a branch of public law (or private law) which deals with YYY.

[6] It pertains to XXX.

[7] It connotes a XXX.

[8] XXX is a doctrine in (i.e. Civil Law) which refers to YYY.

[9] XXX is a principle in (i.e. Criminal Law) which states that YYY.

[10] It presupposes XXX.

[11] Its principal identifying feature is XXX.

[12] It is akin to XXX.

[13] The function of which is to XXX.

[14] The office of which is to XXX.

BAR EXAM TIPS: 6 WAYS OF EXPLAINING REASON BEHIND THE LAW

When explaining the REASON/S BEHIND THE LAW during the bar examination,
you have to keep in mind six (6) patterns that Atty. Tatad, Jr. wants you to use.

[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 (xxx) from unwarranted (xxx)...

[5] The rationale behind the law is…

[6] The spirit of the law is to the effect that…