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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 petitioner’s 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.Petitioner’s/Respondent’s/Complainant’s/Plaintiff’s/Defendant’s/Acc
used 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
petitioner’s

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.. …

X’s 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 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…

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…

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