Bar Exam Methods
Bar Exam Methods
Five or six months before the Bar Exams, do a study plan. Set dates that are not too
strict nor too loose. Have your study materials, pens, highlighters, Manila papers,
and markers ready.
2. Study the basics.
You will never go wrong by studying the basics. No matter how complicated the
question, the basics are always there to help you out.
3. As a rule, do not read new textbooks.
Stick to the textbooks and reviewers that you have already read in law school.
4. Discriminate teachers in review school.
You do not have to attend the review class every day. Decide for yourself whether it is
better to study alone or go to class. Assess if how weak you are with the subject, the
qualification of the professor teaching the class and the contents of the class itself.
5. Stick to case digests.
Throw the debate whether to read cases in full or go with case digests. In review, you
simply do not have the time to read the cases in its full text. Go with digests.
6. Practice answering previous Bar questions.
Like any exam, questions in the Bar Examinations sometimes get repeated. Read the
previous Bar Exams. Compare and contrast what kind of questions always come up.
You may use this set of books called “Pareto Notes” that already does this for you.
7. Have a study buddy.
It is ill-advised to form study groups as each of you might have different schedules and
study habits. It is, however, recommended to have a study buddy that you can bounce
questions or throw Bar tips with.
8. Study every day but take a lot of breaks.
It is recommended to study every day – Saturdays, Sundays and holidays included. Do
not, however, burnout. Take many breaks throughout the day. Manage your time so you
can still watch Netflix, browse Facebook, or have dinner with a friend.
9. Do a second reading.
Schedule the second reading of your study materials to really reinforce the materials in
your mind.
10. Take advantage of your school’s Bar Operations.
They are there to help you out. Ask if they have notes available. Do not forget to thank
them for their volunteer work.
THE GREAT FORMULA IN PASSING THE BAR EXAMINATIONS
“There is nothing that can help a bar examinee most than a constant and intensive
study of the provisions of the various codes and the interpretation and application
thereof by the Supreme Court in its decisions. By study is meant, that the provisions
must be correctly understood and the thought or words thereof put to memory. After a
chapter, for example, has been studied, the next one should be studied next, and after
this, a review of all that has already been studied re-reviewed, to keep the subject
matter and the provisions fresh in mind.” – Alejo Labrador
1. Actual preparation for the bar examination starts from the first day a law student
attended class during the first year in the law school.
2. The blooming secret in passing the bar examination is this: Present good answers
that will make the examiners take notice. Good answers anchored upon logical
reasoning, written in readable English and more importantly, justified by appropriate
legal authority.
3. If the candidates are at a loss as to what specific legal provisions or case doctrines
to use in answering problems, the only alternative left for them is to use their own
common sense.
4. The key to passing the bar examinations is contained in one word: ARTICULATION.
Articulation is expressive of the following basic fundamentals: good language,
impressive presentation, logical reasoning and substantial background knowledge
of law and procedure.
5. 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.
7. Get this straight right now. Passing the bar examination has been, still is, and will
always be a difficult proposition!
8. No one can really help you pass the bar examination but yourself.
9. The greatest blooming secret of passing the bar examination is and will always be:
PREPARATION! Not just any kind of preparation, but proper, sound and systematic
preparation.
10. Systematic review can only be done by the use of what we call schedules which the
candidate must follow vigorously to the letter if he expects to attain the best results.
11. There will be times when you become sleepy while reviewing but never for one
moment, tell yourself: Man, this review can wait! Do not be stupid. Always remind
yourself that time is of the essence and is decidedly running too short for you.
12. Force yourself to read, understand and absorb what law you reviewed. Otherwise,
all your efforts will go to waste.
13. Love and review cannot mix in the business of preparing for the bar examination.
14. Early to bed, early to rise, that is the way to make a man healthy, wealthy and wise.
16. Never stay up late to the wee hours of morning, cramming law into your head. This
would not do you any good. Remember, you have to conserve as much energy as
you possibly can.
17. Remember, keeping your health in good running condition is just as important as
reviewing and passing the bar examination.
18. Good handwriting is decidedly a great factor in passing the bar examination.
20. 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.
21. You have to write simple, grammatically correct English if you want to hurdle the
examination.
22. Presentation of answers that are not only good but logical, full of substance and
supported by law and other authorities, are gems to the examiner, whether he has a
good or black heart.
23. Make your motto now: Stick to codal provisions! Compliment this with doctrines laid
down in recent decisions of the Supreme Court.
24. Impressive answers showing the candidates reasoning faculty is what the
examiners want to read in your examination notebooks.
25. Ability to retain your understanding of the substance of the law through efforts of
study is more desirable quality to possess than mere ability to memorize legal
provisions.
26. Memorizing a particular provision of law word for word but without understanding it
and its various implications is a lot of wasted effort.
27. Never fail to read the newspapers when you are preparing for the bar examination.
Read newspapers from 20 to 30 minutes every day.
28. You can never expect to pass the bar examination without preparation.
30. Never depend on tips for your passing. But never brush these tips aside as nothing
but trash. They may likely cause your downfall. Never, however, bank too much on
them.
31. Fountain or sign pens are really the most important equipment in bar examination.
Never start for the examination without bringing along with you two or more fountain
or sign pens.
32. Like the weather, examiners are absolutely a bunch of unpredictable fellows,
capable of asking unpredictable questions.
33. Do not try to memorize 50 definitions or distinctions in any given time. Two or three
will do.
34. The real secret in remembering the matters contained in an enumeration is the use
of keywords.
36. 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.
37. The bar candidate should do well to be always on guard against catchy questions
capable of being answered in a number of ways, e.g. What is a complaint? The
perfect answer should include both definitions in criminal and civil procedure.
38. Never be content to answer questions with a mere yes or no. You must, at all times,
give justification why your answer is a yes or no. Unless, of course, the examiner
qualifies his question with instruction enclosed in parenthesis like: (Answer with a
yes or no only).
39. Always determine the real facts (examiners have the bad habit of including
irrelevant facts to confuse you) and the issue or issues in controversy. Which side
you take, always justify your side with reasons based on law, rule, equity and
justice. Whatever your answer may be, provided it is written in legible language, the
examiner will never deny you the corresponding credit you deserve.
40. Always remember, make efforts to frame your answers so that they are responsive
to the questions. Never beat around the bush. Go right straight ahead with your
answer. Avoid citations if and when you are not absolutely sure about them. The
shorter the answers are, the more direct, the better. Avoid display of flowery
expressions which are complicated by legal verbosity. All you need are sensible,
direct and reasonable answers that are responsive to the questions.
41. Legal knowledge is not enough to solve a particular legal issue. What is important is
ability to apply this knowledge to the solution of legal controversies.
43. The technique of writing down answers responsive to questions is a matter that the
candidate must learn as a matter of imperative necessity.
44. Brevity and directness when done properly could make an answer both effective
and impressive. However, when overdone to a point where the ideas sought to be
conveyed becomes vague and difficult to understand, they become a liability.
46. So, if you are a candidate just preparing for the bar examination, whose chances of
passing are quite problematical, just limit your ambition for the present to just
working hard to obtain a 75 percent in the great battle of your life.
47. Take comfort in this: That even those who become lawyers by “just luck”, are
making good in the practice of law. Nothing can really put a determined man down.
48. In your preparation for the greatest battle of your life, call upon Him who is the
source of all knowledge, wisdom and understanding. In deep humility, bended
knees and tears, He will make all things beautiful in His time. Victory belongs to the
most persevering!
5 Tips in Answering Bar Questions
1. KISS METHOD.
Keep It Short and Simple
2. 4 Paragraph Rule
The 4-Paragraph Rule provides a systematic way of answering bar exam questions.
First paragraph should say your categorical answer, whether it is a yes or a no, or the
answer to an objective type question. Yes, A is liable. Your first paragraph could be as
short and simple as this.
Second paragraph should provide your legal basis, whether it is an applicable law or
jurisprudence. The National Internal Revenue Code provides that a resident citizen is
liable to pay income tax for income derived from sources outside the Philippines. Your
legal basis could be written in a one-liner paragraph like this. You need not cite the
exact chapter or section of the Code nor the title of the case for jurisprudence.
Third paragraph should be the synthesis. It is where you should apply the law to the
given facts of the case or question. Examiners test not only your knowledge of the law
but also your ability to apply the law in various scenarios. Here, A is a Filipino, residing
in Manila, and earning rental income for his house and lot in the US. The third
paragraph is usually the longest among the four paragraphs as it interlocks the given
set of facts with the applicable law. But it can also be a one-sentence paragraph
depending on the question at hand.
Again, the 4-paragraph rule does not equate to length of the answer. In the examples
given above, you would notice that every paragraph is composed of only one sentence
each.
Yes, A is liable.
The National Internal Revenue Code provides that a resident citizen is liable to pay
income tax for income derived from sources outside the Philippines.
Here, A is a Filipino, residing in Manila, and earning rental income for his house and
lot in the US.
Hence, A, as a resident citizen, is liable for income tax.
By following this rule, you are helping the examiner check your booklet easier and
faster. Since you have a systematic way of answering the questions, the examiner
would know where to look for the answers or key words he or she is looking for.
The Stick-to-One Rule means that you should pick a side and take a stand in your answer. A
lawyer should know how to argue based on the provisions of the law and case holdings. Hence,
your bar answer should demonstrate such ability and prove to the examiner that you are worthy
to become a member of the profession. Never answer MAYBE. If you are unsure of your answer
or you think the case could go either way, make a choice still and argue for it. For gray areas or
for questions with different possible answers, examiners usually check how bar candidates make
a case.
Answer categorically. If it is a yes, mean it. Stick to it. Make the examiner believe that your side
is the right side.
5. Write Legibly
After years of struggle in law school and bar review, you sure would not want to mess it all up
with just a bad penmanship. It is equally important to have a legible penmanship.
The bar exams do not require a specific type of penmanship. You may write in cursive or in
block letters, as long as you do not use all caps in your sentences.
As early as now, know which type of penmanship suits you best. Do you write more legibly in
cursive or in print/block letters? Consider also your speed as you are only given four hours to
answer around 20 questions per bar subject.
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 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
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.
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.
* Do not use the words series, litany or long-line if there is only one
decision/jurisprudence for that topic.
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
1. From the gamut of evidence on hand, it can be gathered/deduced that,…
2. Taken all together,…
3. Finally, …
4. Hence, …
5. Therefore, …
6. From the foregoing, it can be deduced that there is really (i.e. a violation
of…)
7. From the foregoing, it is now safe to conclude that….
8. Lastly, …
9. Consequently,…
10. As a necessary consequence…
11. The logical implication is that…
12. At any rate,…
13. In view of the foregoing,…
14. As an inevitable conclusion,…
15. In the light of the circumstances,…
16. Undoubtedly,…
17. Indubitably,…
18. Clearly, the case at hand falls squarely within the purview of…
19. Verily, he/she has committed…
20. For this/these reason/s, it is unavoidable to conclude that…
21. Based on the facts obtaining,…
22. In this light,…
23. This being the case…
24. Clearly therefore, applying the aforecited ruling in the case at hand,…
25. In light of the foregoing, it is beyond cavil (doubt) that,…
26. There is no doubt that…
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)
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
the presence of (i.e. employer-employee relationship)
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)…
5. The following are the requisites for…
6. In order that a case for (i.e. B.P. 22) to prosper, the following elements
must be attendant/present:
7. To constitute (i.e. homicide), the following requisites must concur:
8. (i.e. Legal compensation) requires the concurrence of the following
conditions:
9. To establish a person’s culpability under (i.e. estafa), it is indispensable
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. ________________ is a comprehensive term used to describe _______.
2. _________________, in its generally accepted sense, refers to ….
3. … It is a safeguard and guarantee provided by the 1987 Constitution..
4. … It is a kind of relief granted to a ______________ by the …
5. ________________ is a branch of public law (or private law) which deals
with..
6. It pertains to…
7. It connotes a ….
8. … is a doctrine in (i.e. Civil Law) which refers to…
9. … is a principle in (i.e. Criminal Law) which states that…
10. It presupposes…
11. Its principal identifying feature is..
12. It is akin to…
13. The function of which is to…
14. The office of which is to…
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.
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.
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.