Study Law The SMART Way
Study Law The SMART Way
Study Law The SMART Way
- You must first try to ILLUSTRATE a provision without reading a book or reading a case.
TL;DR
1. codal (your rice) > cases (your ulam) > book (your dessert)
2. Read the codal first, then the cases in full text, then scan the book.
Mentee:
A"orney, okay lang po ba na mahaba ang sagot?
A@orney Anselmo:
Okay lang na mahaba ang sagot as long as yung legal bases ang mahaba. Pag applica8on
ang mahaba, yun ang mali.
Mentee:
If 8nanong po yung requisites, kaso wala sa codal provisions, but somewhere na
makikita on jurisprudence, tama po ba yung maging introduc8on pagda8ng sa Legal Basis? Like
this one po,
"Under the law and exis8ng jurisprudence, the requisites of procedural due process in
an administra8ve proceedings are as follows:"
A@orney Anselmo:
Under the law and exis8ng jurisprudence, the following are the requisites of _______:
(1) _______, (2) ________
Wag mong gagawing ver8cal lis8ng, hindi reviewer yung exam sheet mo hahahha
Mentee:
A"y. kapag dis8nguish po, separate paragraphs right?
As to the xxxxx, the permissive counterclaim is...., while compulsory counterclaim is......
As to the xxxxx, the permissive counterclaim is ....... On the other hand, compulsory
counterclaim is......
A@orney Anselmo:
Ganyan very good. Wag mong gagawing enumera8on. Make it paragraph form!!!
Mentee:
Pwede po ba halimbawa 2 points lang yun, kahit wag mo na ilagay lahat khit alam mo pa
or maalala mo. Kasi sayang sa oras. Kahit di mo ilagay lahat, ma full points parin yang 2pts?
A@orney Anselmo:
Pag 2 points - make sure 3 ang ilagay mo. Para makuha mo full points. (Magpasobra isa
sa equivalent points)
Mentee:
Any 8ps po on how to excel the midterms and finals po for crim 2? Anu po dapat specific
aralin or mas importante aralin regarding sa exams?
A@orney Anselmo:
Study the elements lang. When I say study , hindi mo imememorize ha. You need to
ILLUSTRATE each element sa isip mo para maalala mo. What is the meaning of “public uprising”
then illustrate.
Illustra8on is sila Bonifacio, nagpunit ng sedula diba hehehe. Something like that. Tatatak
sa isip mo if you study like this, hindi yung puro book ka.
Mentee:
A"y,,sa Civil Procedure po at Obliga8on and Contracts po. Qno po ang kailangang I
illustrate po this midterm po.
A@orney Anselmo:
The provisions. You need to illustrate the provisions. Gawin mong taglish sa isip mo para
madali, then illustrate using real life examples.
Mentee:
Pansin ko a"y. Mabilis ka makain8ndi ng tanong and anjan yung confidence mo. Mabilis
karin sumagot. Panu nyo po nadevelop yon?
A@orney Anselmo:
Reps lang din parang gym hehehe. But follow my methods para mas bibilis kayo agad.
Read backwards. Dapat may format kayo pag sumagot. Wag nyo ibahin yung way of
answering. Nakakapagod icheck yun.
(format)
Under the Revised Penal Code, (state the provision as precise as you can). Further, case
law dictates that (state the doctrine of the case)
Here, A is/isnt liable because (apply the legal basis to the facts of the case).
(guide)
1. Before thinking about the correct provision, make sure sigurado ka na YES or NO
yung sagot. Dont think about ano mas gusto mong provision. Isip muna dapat ba yes
or no sagot. Then go from there.
2. Now, for the provision, always check the ques8on. Ano LANG ba ang 8natanong
sayo. I highlighted the word LANG. Do not exceed. Wag bibo. Just directly answer the
ques8on👍
3. NEVER PUT THE ARTICLE NUMBER. NEVER PUT THE CASE TITLE. Hindi need yan to
get a perfect answer. You lose a perfect score if mali ka. You gain nothing if tama ka.
Mentee:
“A"orney, what if ganito yung given facts, halimbawa po yung real property binenta ng owner in
two persons, one is oral sale in a private individual, the other one is with a corpora8on reduced
into wri8ng. Nauna po yung yung oral sale. Decide on the case.
Ano po proper way to start the legal basis, would it be what’s the status of contract on both, or
diretso na po sa double sale provision.”
A@orney Anselmo:
The corpora8on has a be"er right over the real property sold by the owner.
Under the Civil Code, an agreement for the sale of real property is unenforceable, unless the
agreement is in wri8ng. Further, case law dictates that the rules on double sale presuppose the
existence of two valid and enforceable contracts of sale.
Thus, the corpora8on has a be"er right, because the contract of sale of real property with the
private individual is not in wri8ng, while the contract with the corpora8on is in wri8ng.
Note from A"y. Anselmo - The basis must be status of contract kasi yun ang susi sa sagot. Yung
about sa double sales, this must be stated in passing.
Exhibit 1
Suggested Answer:
Mentees Answer:
A.
Yes. The charge of qualified piracy against Max, Badong, and Bogart is correct.
Under the Revised Penal Code, Qualified Piracy is commi"ed when the offenders, not being
members nor passengers of the vessel, have seized the said vessel by boarding or firing upon
the same.
In this case, the offenders seized the vessel and divested the passengers of their money and
jewelry. It is qualified for firing a bazooka and thereaMer boarding the same.
B.
Under the Revised Penal Code, Piracy is commi"ed when a person, on High Seas or Philippine
Waters, not being a member or passenger of the vessel, seizes the same in part or whole, its
equipment and passenger. It is qualified when the crime is commi"ed by means of firing and
boarding upon the vessel.
In this case, Dodong is a passenger of the vessel and his intent is evidently dis8nct from Max,
Badong, and Bogart cons8tu8ng the absence of the elements of Qualified Piracy.
This is a good answer. However, you must also cite what is piracy for the first answer, and
what is qualified piracy for the second answer. Kulang kasi yung thought without including both
in each answer.
EXHIBIT 2
Mentee’s Answer:
Under the New Civil Code, there is no contract unless the following requisites are present:
consent of the contrac8ng par8es, object certain, and cause of the obliga8on.
Consent is manifested when there is mee8ng of the offer and acceptance upon the thing and
the cause that cons8tutes the contract.
Here, all the requisites are presents. There was consent, when the offer was made by A to sold
the house and acceptance by B. There is object certain which is the house and lot. And there is
cause of the obliga8on which is the price of 20M which B was able to pay in full.
Hence, all the requisites of a valid contract are present. The contract of sale is valid.
A@y. Anselmo:
If the ques8on says "is the contract valid," we can invoke yung requisites ng contract
(consent, object, cause). However, my ques8on is "what is the status of the contract of SALE"?
that means, you have to use the provisions SPECIFIC to the law on sales and not OBLICON
provisions. This is what you call CORRECT ISSUE SPOTTING.
Ang trend kasi sa Bar is pag napakadali ng tanong, napakahirap naman ng pagchecheck.
So it evens out at the end of the day, kaya ang hirap ding sabihin na ang dali naman nung mga
tanong, dahil sa checking magiging strict ang examiners.