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The following Useful Introductory Lines are mostly taken from the article of Atty.

Rey C. Tatad, Jr. with the same title.


ANSWERING IN THE POSITIVE
1. The petition is meritorious.
2. The contention has legal basis.
3. The case will prosper.
4. The argument is proper.
5. The provision is perfectly applicable.
6. The action is tenable.
7. The motion should be granted.
8. The Judge is correct.
9. The petition is impressed with merit.
10. Yes. It is a (i.e. patent violation) of the
11. There is merit in the petition.
12. The petitioners contention is sustainable.
ANSWERING IN THE NEGATIVE
1. The decision is not in accord with law and jurisprudence.
2. The decision is erroneous.
3. The contention is totally misplaced.
4. The doctrine of.. does not apply in this case.
5. The petition is not meritorious.
6. The evidence presented deserves scant consideration.
7. The contention has no legal basis.
8. The argument is bereft of merit.
9. The petition is devoid of merit.
10.Petitioners/Respondents/Complainants/Plaintiffs/Defendants/Accused reliance
on the (i.e. doctrine of) is inappropriate.
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)
26. While it is true that _______________ is a (i.e. constitutional guaranteed right
of a person), it does not, however mean
27. It is not correct to say that
28. It is not proper to state that
29. It is not accurate to conclude outright that
30. A contrary conclusion would erode the rule that provides in part that
31. To sustain the contention would be to render the law on ____________
nugatory.
32. It would be absurd and incongruous to sustain the argument that
33. It is not enough that
34. The fact that is immaterial since
35. The fact that is irrelevant since
36. In itself, mere is not sufficient (i.e. to warrant conviction).
37. The petitioner cannot give any additional meaning to the clear and plain
language of the law.
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.
ANSWER THAT REQUIRES QUALIFICATION
(But if the facts are complete in itself, do not attempt to add facts or assume
anything.)
1. We must distinguish. If (or As far as the __________ is concerned)
2. It depends. If(or As far as the __________ is concerned)
3. The question requires a qualified answer. If
4. I will qualify. If
5. On the assumption that
6. My answer must be qualified.
CITING LAW PROVISIONS
1. No less than the (i.e. 1987 Constitution) provides for the
2. The (i.e. Rules of Court) substantially provides in part that
3. Under the broad principles of (i.e. due process clause)
4. Under the all-encompassing doctrine of (i.e. incontestability clause)
5. Under the law
6. According to the (i.e. Family Code)
7. The law is explicit on the matter.
8. The law explicitly expresses in part that
9. By express provision of law,
10. By operation of law
11. As a matter of law
12. Worth remembering is the rule on _______________ which provides in part
that
13. Decisive on the matter is the pertinent provision of the (i.e. Law on
Property)
14. The law prescribes certain rules on
15. By legislative fiat
QUOTING SUPREME COURT DECISIONS
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
(consistently) held that
3. In a litany of cases decided by the Supreme Court,
4. In a long-string of cases decided by the highest court of the land,
5. According to several cases decided by the Supreme Court,
6. In a series of cases decided by the Supreme Court,
* 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
18. In the leading case of
19. As enunciated by the Supreme Court in one case,
20. The court has repeatedly ruled
21. A case in point is a case already decided by no other than the highest court
of the land, where the Supreme Court held that
22. There is likewise an array of cases in this jurisdiction where the Supreme
Court has consistently declared that
23. Deeply rooted is the jurisprudence which provides that
24. In one case, the Supreme Court was emphatic when it ruled that.
EMPHASIZING CASE DOCTRINES / JURISPRUDENCE
1. It is hornbook doctrine in (i.e. Civil Law) that
2. Immortal is the rule that
3. Well settled is the rule
4. Well entrenched is the principle that..
5. Elementary is the rule that..
6. The cardinal rule in (i.e. labor law) is that
7. It is a familiar canon in (i.e. political law) that
8. By well settled public law
9. Basic is the rule in (i.e. Criminal Law)
10. It is an elementary principle in
11. It is a fundamental doctrine in
12. Well accepted is the rule that
13. It is axiomatic in (i.e. Civil Law) that
14. Enshrined in the 1987 Constitution is the rule that (i.e. no person shall be
deprived of life, liberty or property without due process of law)
15. Consonant with the rule on
16. It is a recognized doctrine in (i.e. Civil law) that
17. It is a basic tenet in (i.e. Commercial Law)
18. Consistent with current jurisprudence
19. It is a legal presumption, born of wisdom and experience, that
20. It is an oft-repeated rule that
21. The Philippines adhere to the principle of
REFERRING BACK TO THE CASE
(correlating the facts with the law/jurisprudence)
1. Applying the said law/doctrine in the instant case,
2. From the facts given, noteworthy is the
3. From the facts of the case, it is readily observable that
4. In the instant case, it may be observed that
5. It is crystal clear from the facts presented that (i.e. the crime of treason) is
present (or was committed).
6. In the present case, it is immediately noticeable that the element of
__________ is wanting (or lacking).
7. Under the circumstances, the proper remedy would be
8. The case obtaining indicates a case of (i.e. B.P. 22)
9. It logically follows
10. It goes without saying
11. Even assuming arguendo, for the sake of argument that
12. The situation in the case at hand
13. The situation presented evinces a case of
14. The facts sufficiently indicated
15. In the given facts, it is immediately apparent that
16. It is evident that
17. In the same token
18. Under the facts stated in the problem,
19. In the case under consideration,
20. Worth stressing is the fact that
21. Worth emphasizing is the fact that
22. The facts would reveal that
23. A careful perusal of the facts of the case would reveal that
24. A careful scrutiny of the actuations of the accused would reveal that
25. A careful reading of the (i.e. Deed of Absolute Sale) would reveal that
26. A cursory examination of the
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)
28. Inescapably, therefore,
29. All things considered,
30. It follows therefore that
31. As a logical result
32. In sum,..
33. In view of the fact that,
34. All told,
35. Given the prevailing facts
36. Having stated the foregoing premises,
37. One final point,
38. Accordingly,
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
In the case at bar..
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.
Based on the facts of the case
Therefore/Consequently . . .
The. . . . is proper/tenable/untenable
It is a well settled rule/As provided for under the
Moreover . . ..Hence/Therefore
Under the provisions of RA/Constitution/Law/Statute. . . .
On the problem at hand..,..Consequently
On the other hand.
As such it should be ruled
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 persons 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
REASON BEHIND THE LAW/CONCEPT/PRINCIPLE
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 ____________ from unwarranted ____
5. The rationale behind the law is
6. The spirit of the law is to the effect that
ADDITIONAL TIPS ON HOW TO APPROACH BAR ESSAY QUESTION
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.
15. Finally, PRAY!
The task ahead of us is not as great as the Power behind us.
May the Force be with you!!!

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