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!!!