How To Answer Bar Exam Essay Questions
How To Answer Bar Exam Essay Questions
How To Answer Bar Exam Essay Questions
ESSAY
QUESTIONS IMPRESSIVELY
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.
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 examinees 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:
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.
ARTICULATION
Your answer should demonstrate your ability to analyze the facts presented by the question, to
select the material from the immaterial facts, and to discern the points upon which the question
turns. It should show your knowledge and understanding of the pertinent principles and
theories of law involved and their qualifications and limitations. It should demonstrate your
ability to apply the law to the given facts, and to reason logically in a lawyer like manner to a
sound conclusion from the given premises.
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.
Okay, you already have an outline but isnt 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
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)
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 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.
(But if the facts are complete in itself, do not attempt to add facts or assume anything.)
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..
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.
Therefore/Consequently . . .
The. . . . is proper/tenable/untenable
Moreover . . ..Hence/Therefore
Under the provisions of RA/Constitution/Law/Statute. . . .
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 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 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 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.