Robles: Professional Review, Inc
Robles: Professional Review, Inc
On the left hand page, leave at least 1.5 inches of margin, and on the right hand page, at
least 1 inch margin. By doing this, you will have a well-positioned center space in which to
write your answers. Write your answers in a “justified” alignment similar to an MS Word
document. In this manner, your answers will have a neat and very organized appearance.
The examiner will then have an easier way of appreciating your answers.
In presenting your answer to a question, you should follow the numbering format in the
questionnaire. If Roman numeral is used for the main question, use Roman numeral
therefor. If letters in upper or lower case form are used for sub-questions, then follow the
same format in answering sub-questions. Hence, if it were Roman numerals that are used,
the same should be written at the center above the first line; if letters were used to designate
sub-questions, the same shall be written at the center above the third line, leaving one (1)
space between the Roman numeral and the letter, as can be seen below:
I.
A.
Note must be made that the numerals and letters should be written prominently at
the center of the page and not on the left or right hand sides of the paper. By so presenting,
the designation of the particular question number as well as the corresponding answer
thereto will be markedly identifiable and easily determinable.
Always ensure to answer each question per page so that there will be significant
distinctions between your answers to the different questions. In this fashion, the bar
examiner will find it easier and more convenient to check your separate answers. In cases
where there are a number of sub-questions which would require short and concise answers,
several sub-questions may be answered in one (1) page, if there is more than enough space
to answer on the page, in which case, at least three (3) spaces may be left from the last line
of the immediately preceding answer before starting with your answer to another sub-
question. These three (3) spaces will sufficiently create a break between your answers.
ON DECIDING ON THE NUMBER OF PARAGRAPHS:
The number of paragraphs that will constitute your answer will depend on the type of
question you are answering.
(1) In case-type questions, limit your answer to at least 1 and at most 3 paragraphs only.
More than this number would no longer be helpful as the examiner may find your
answer too wordy and circuitous.
(3) In comparative-type questions, it suffices to limit your answer to just one short
paragraph per comparison. In this manner, you will be able to convey in a more
direct way to the examiner your knowledge of the distinctions required by the
question.
On spacing: after every Roman numeral or letter, in case of sub-questions, you should leave
one (1) space in order for the examiner to have a clearer view of your answer.
On indentation: You should indent the beginning of each paragraph of your answer.
On spacing after every paragraph: To distinguish one paragraph from another, you should
leave one (1) space between paragraphs.
ON ANSWER LAYOUT:
The layout of your answer will depend on the type of questions you are answering.
(1) In case-type questions, state directly your conclusive answer that would indicate in a
categorical manner, the substance of your answer. Avoid showing your ambivalence
or unsureness in your answer. Answers like “I qualify my answer” and “It
depends” when the question asks for a more direct answer such as “The dismissal
of Noypi is illegal” indicate that you are not definite and certain with your answer.
By so stating in definitive terms, the examiner, even without reading the rest of your
answer, will give you the appropriate percentage point as this first line in your
answer would effectively convey to him that you are prepared to defend your answer
with sufficient legal bases and justifications. Answers in the bar exams are assessed
not only on the basis of their correctness but more on the manner by which the bar
examinee justifies them with legal and factual arguments. The facts are, of course,
found in the question itself. You should not consider any factual aspect that is not
given in the question. Hence, for instance, in the suggested answer above where you
categorically answered that the dismissal of Noypi is illegal, extract the facts that
support such conclusion and embellish them with the law and jurisprudential
precepts that would strengthen your conclusion that indeed, Noypi’s dismissal is
illegal. Notably, a dismissal is illegal if there is no just cause or authorized cause
(substantial due process) in support thereof. Distinctly, lack of procedural due
process will not make a dismissal illegal for as long as there is compliance with
substantial due process. At the end of your answer, there must be a concluding
statement that should re-state the earlier first-line conclusive answer that you have
stated. This will operate as your closing statement. Thus, you must state that
“Consequently, the illegality of Noypi’s dismissal is beyond cavil.”
(2) In definition-type questions, your answer must be very concise and direct-to-the
point. Thus, when asked to define a “strike”, state that it is “the temporary
stoppage of work caused by the concerted action by the union as a result of a labor
dispute.” This one-liner of an answer would surely merit full consideration because
this is how the law defines this term.
ON HANDWRITING:
The rule on handwriting is absolute: It must be neat, clear, legible and most importantly,
readable. There is no requirement on how you will present it. It may be in print or cursive
form. The choice is yours to make. The important point to consider is the form in which
you are used to and most comfortable with. If in print, you should write in the normal way,
that is, by not presenting it in all upper case format. Capitalize only the first letter and the
rest in lower case.
To make your handwriting “readable”, you should write the letters and words larger than
the usual size. You should assume that the examiner reading your answers have already
read thousands of examination booklets before your booklet and that his eyes are already
over-strained that he/she will not spend a minute longer trying to decipher your small and
undecipherable handwriting. Try practicing writing in more readable form while there is still
time before the exam days come. As they say: “Practice makes perfect.”
ON ABBREVIATING WORDS:
Avoid abbreviating words. It appears that countless examinees have difficulty wiggling out
their propensity to shorten and abbreviate words that may result in confusion to the
examiner. For example: “Noypi is liable bec. ….” or “Noypi is liable coz…..” These
underscored words in substitution for “because” are probably appropriate in personal letters
but certainly not in answering bar exam questions.
ON ENUMERATIONS:
Questions requiring enumerations are usually to be expected in the bar exams. The rule is
simple: If you know all the items asked in the enumeration, you may number them
chronologically. But if you are not conversant with all the items, you can present your
enumeration in paragraph format, that is, by not designating any number to each paragraph.
Just describe the items in the paragraph. Chances are, the bar examiner, who is surely in
rush to finish the thousands of booklets to check, will find your answer complete and
satisfactory.
ON ERASURES:
Erasures should be avoided at all times. To avoid erasures, what you should do is before
writing your answer, you should first form in your mind how you will present it. In this
manner, even before you start writing your answer, you will already have a clear-cut idea on
how you will start writing it and how you will end it.
In the event that erasures cannot be avoided you have to follow the following rules:
(1) Strikethrough rule. - If what is to be erased involves a line or two, simply draw a
line through the middle of the selected word/s or phrase/s.
Do not erase it by drawing a number of x’s over the words. Example: “Pursuant to
xxxxxxxxxxxxxxxxx
the Corporation Code Labor Code…”
Or by blotting it with so many lines like this: “Pursuant to the Corporation Code
/////////////////
Labor Code…”
Example:
“Under the Labor Code, a dismissal which was effected without observance of
procedural due process will result in its declaration as illegal. This holds true
even if there is a just or authorized cause in support thereof.”
The fundamental rule is that you should write in short sentences. Kilometric and long-
winding, paragraph-long sentences, sometimes called “running sentences” should be avoided.
This is a good and effective formula that would avoid the commission of grammatical
errors.
Speaking of grammar, the rules that usually apply in the ordinary use of the English
language are not applicable to law-related writings and literatures. For instance, the use of
pronouns should be avoided especially if there are a number of individuals of the same
gender or of the same class. In law, the repetitive use of the name or title is allowed and
should not be replaced by pronouns. Thus, in drafting contracts, say, a contract of lease, it is
legally acceptable for the constant and repetitive use of the words “LESSOR” and
“LESSEE” to refer to the parties thereto.
Example:
“The LESSOR, by way of this contract, leases the property to the LESSEE and the
LESSOR undertakes to deliver to the LESSEE the leased property, upon the payment by
the LESSEE to the LESSOR…..”
It is, however, important that the basic rules on proper tenses and subject-verb agreement be
observed. These are rudimentary rules that one usually has learned starting from grade
school.
You should ensure that you do not give an “opinion” when your opinion is not required.
Questions in the bar exams usually require an answer based on law and pertinent
jurisprudence.
If in your judgment, there is a need to cite a law, you need not strive nor endeavor to
remember the particular provision involved. It is sufficient that you say: “Under the Labor
Code…” or “Under the Corporation Code….” instead of stating “Under Article 223 of the
Labor Code…” or “Under Section 25 of the Corporation Code….” It is too risky to be citing
specific provisions of laws of which you may not be too sure. This rule, however, does not
apply if you are confident on the particular provision of a certain law; in which case, you
may proceed to cite the specific provision involved in a given question.
Never try to cite the law “verbatim” when you are not sure of its provision. Paraphrasing it
may prove even helpful. If you are paraphrasing, avoid using the “quotation mark” as its
use would indicate that you are quoting the provision verbatim, which certainly is not your
intention.
In case you are not definite on the particular provision you want to cite, say of the Civil
Code, you can simply refer to the law in general by stating, thus: “Under the law on
obligations and contracts….”
The matter of citing the general rule and the exceptions thereto would depend on the thrust
of the question. If the question merely calls for the citation of the general rule, then focus
only on the general rule and do not mention anything about the exceptions. If the question
calls for the citation of the exception/s, refer only to the most relevant exception, if there be
many, and do not bother to cite the others which would merely cram and pack your answer
with non-essentials.
Invoking jurisprudence when you are not sure that what you know is the latest doctrinal
reflection of the jurisprudential rule is dangerous as it may backfire on you. When unsure,
do not make any specific reference to a certain case. Worse, never attempt to cite the
particular case title and the case number of the decision because no bar exam question
would ever require such invocation. Simply state that “in a decision rendered by the
Supreme Court pertinent to this case….”
You should assume that the bar examiner assigned to a particular bar subject is an expert
therein. Hence, you cannot cite a law or jurisprudence that he does not know or is not
conversant with. Prudence dictates that you should speak in general terms rather than in
specific mode. You may suffer a rebuke, reflected in points deduction, if you cite law and
jurisprudence with specificity but erroneously.
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