1. x
PREPARATION
"There are no secrets to success.Don't waste time
looking for them. Success is the resultofpreparation,
hard work, learning from failure,·loyalty to those for
whom you work for and persistence.,, - Gen. Colin
Powell
"The people who usually get the most out of life
are those who areprepared to roll with the punches...
those who recognize the fact that they can't afford to
become static and stagnant." - Leon Kulilowski
Success comes easy to those who are well prepared!
Whatever the setting is, one thing remains consistently true
- the best performer is usually the one who is most prepared.
Nevertheless, preparationdoes not necessarily mean torturing
one's selfto be so, rather, it is about getting ready to meet all
the expected challenges head on, using the most effective
methods available.
So this is true in the Bar examinations. Do not expect to
pass by studying forjust a week or two.You might have heard
of examinees trumpeting their success in the Bar exams by
reviewing merely a week or a month before. Do not ever
emulate them. Remember, this is your battle and no one can
tell, even yourself you'll see, that you are sure to win it. At
best, you can only assure yourself that you have prepared
using methods most effective to you.
Preparation is a deliberate and methodical activity which
would require you to sit and spend time to decide on various
points for the Bar exams. The importance ofpreparation need
not be overemphasized. There are stx factors to be.considered
in preparing for the Bar exams: mental preparedness or
1
2. BAR REVIEW METHODS AND TECHNIQUES
intellectual competence, emotional preparedness, physical well-
being, place and method of review, review materials and
timetable. ·
A. Mental Preparedness/Intellectual Competence
"Excellence is not being the best, it's doing your
best."- Author unknown
The best time to undertake the review and take the Bar
exams is right after graduation, when all the things you have
learned in law school are still fresh in your mind. It is perfectly
all right to realize that you do not have a mastery of all the
laws and jurisprudence you have studied for four or more
years. The brain, no matter how vast its storage capacity is,
is not like a computer that mechanically saves data to their
minutest details. In fact, our memory fails us most of the
time.
Do not worry ifyou feel inadequate, much more, that you
seem to have forgotten everything you have studied in law
school, save the basics. Everything is just there waiting to be
explored but only more extensively this time.
So how do we know that we are mentally prepared or
intellectually competent? That would be very simple - ask
yourself and honestly answer the following questions:
1. Do I have a good command of basic English?
2. Have I understood and, therefore, retained the
basic rules and principles in my study oflaw?
3. Have I hurdled my study of law because I
deserved it?
If your honest answers in all three questions are in the
affirmative, then you can safely say that you are initially
mentally/intelloctually ready to prepare for the Bar exams.
The rest of tho required craft will just need further honing,
2
PREPARATION
B. Emotional Preparedness
and that may be done clwing your review. Ifyour answers in
any or all three benchmarks are in the negative, you should
think twice before taking the Bar exams. Five months review
will never be enough to study anew the matters which you
should have already learned from your pre-law and law studies.
The sad truth is ... with five months, how will you expect
yourself to deal with the intricacies ifyou are still inadequate
on the basics? Ifthat is the case, it is suggested that you should
defer taking the Bar exams to give you more time for your
review until your answers to the above-presented assessment
queries are all "yes!"
B. Emotional Preparedness
"To be successful, you must decide exactly what
you want to accomplish, then resolve to pay the price
to get it." - Baker Hunt
Apart from assessing your intellectual competence, you
must likewise ask yourself ifyou are determined to take and
pass the Bar exams. Once you decide so, you must then resolve
that you will truly prepare for and take the exams whatever
the costs and the sacrifices may be - since there will be a lot
required. Determination is imperative as your intensity in
reviewing will greatly depend on it. One cannot adopt a "wait
and see" attitude and then decide on it after a large amount of
his limited time has already lapsed.
By postponingyour taking ofthe Bar exams, the following
are the pitfalls:
a. advent of new/additional laws
b. amendment/repeal of laws
c. changeinjurisprudence
d. weaker memory retention
e. loss ofenthusiasm or interest
3
3. BAR REVIEW METHODS AND TECHNIQUES
f. possibility of never .tajclng the Bar exams be-
cause ofanxiety and toss 9f confidence
g. prolonging your agony
C. Place and Method of Review
"Ourgoals can onlybe reached through a vehicle
ofaplan, in which we must fervently believe and upon
which we must vigorously act. There is no other route."
- Stephen A. Brennan
The questions ofwhere and how to review are also crucial:
1. If you are from the province, will you opt to
review in Manila or would you rather stay?
2. If you opted to stay in the province, will you
review at home or do you feel the need to stay
away and isolate?
3. Will you attend a formal review class or not?
4. Is it advisable to review alone or have a review
buddy?
5. Will you take a pre-week review class or
undertake a self-review?
Most if not all prospective Bar examinees dream of
reviewing in the most prestigious review schools in Manila as
we are quite aware that this would be a leverage. Still, the
decision cannot be made solely on the basis of the reputation
of the review schools. You have to weigh your finances, time
constraints, convenience, comfort and confidence in coming up
with the decision on where to review.
In my case, I initially wanted to review at UP Diliman
but I needed to think twice for several reasons. The thought of
leaving my fomily, especially my daughter, raised some
anxieties. How often will I need to visit them? Will I be able to
concentrate in my rovicw thinking about how my family is?
PREPARATION
C. Place and Method ofReview
Will my limitedfinances·see me through the entireduration of
the review and exams?'Where will I stay? How much will it
cost? How long will I have to devote my time in attending a
review class? Considering travel time in attending review.class
in Manila, and the review schedule itself, will I still have time
to review by myself at the end of the day? - These are the
questions I asked myselfbefore deciding to stay put and forego
the opportunity to do what most of my peers did - review in
Manila - my confidence sank. I must admit that that was a
very tough and risky decision.
The next decision one has to make is whether to enroll in
a review school or not. Attending a review school will give you
the initial kick in your review and guidance throughout. A
review class that will give you a confimratfon of what you
reviewed and learned will be a great encouragement.. Most
importantly, updates in jurisprudence will be empha~ized. It
must be admitted, however, that 'it is impossible to rely on
review lectures alone and adopt them as your full-blown review
- that will be suicide. Reviewees will need to have ample time
to review alone and concentrate on their readings for better
assimilation. On the other hand, not enrollingina review class
will give you all the time to read since you need no longer
prepare for, travel and attend lectures. Likewise, you will be
saving so much from the expensive review fee. Nevertheless,
for one who prefers to undertake a self-review, a strong self-
control and discipline is a must since this time, you alone will
call the shots. You have to budget your time depending on your
comprehension ability. Thus, unless you are truly honest in
your self-assessmentand exactingin your review schedule and
targets, the result will be disastrous. Another uncertainty in
case ofself-review is not getting any confirmation on the
matters you have reviewed. Updates may likewise be very
difficult to secure ifyou are in complete isolation.
Based on such premises, I thought that I could not
exclusively adopt one or the other. Therefore, a combination of
attendance to a review class and a self-reviewis the most ideal,
5
4. BAR REVIEW METHODS AND TECHNIQUES
that is, you attend a review dass'yet devote a great deal of
time for your readings. Withregard to choosinga review school,
the competence and credentials of the reviewer-lecturers are
importantfactors. You should likewisefind outwhat the review
class schedule would be - daily (whole or half)? or on
weekends?
Together with my friend and review buddy, I was
fortunate to learn that a bar review group from Manila has
decided to undertake a review program in San Fernando City,
La Union, on weekends (Fridays-Saturdays). We thought that
it would be bestfor us to undertake a self-review from Monday
to Thursday then attend the review lectures on weekends.
The review group consisted of prominent and competent
Bar reviewers, hence, we felt some sense of security. Based
on such arrangement, my friend and I also decided that
although we have stayed in Baguio City, we needed to stay
away from our respective homes and detach ourselves
from the household. Accordingly, we isolated ourselves and
rented a place as our review haven. Four days self-review in
isolation, three days for review classes and as a bonus, a half-
day break any given Monday to visit our families as we felt
the need.
To get acquainted with the examination venue, we
transferred to Manila as early as August 15, 1998. A good
pampering from that time on until the last examination day
is most helpful, thus, a comfortable and convenient place to
stay is a must. In our case, we stayed at Pope Pius, Manila,
near De La Salle University, the Bar exam site. The place
has all the amenities necessary for our stay, and a Chapel
which any reviewee will absolutely need to visit as often as
possible.
hi it better reviewing with a buddy? It will entirelydepend
on you. In my case, I was used to studying with my bestfriend
in luw school nnd we complemented each other perfectly so we
chose to roviow together for the Bar exams. One benefit of
having a rovitiw buddy is that you can discuss or argue about
6
PREPARATION
C. Place and Method ofReview
ticklish points and important cases or jurisprudence.
Confirmationis easier. Reminders and emphases can beshared.
By discussion, one tends to absorb data more effectively and
remember them readily. An added advantage is that the two
of you take turns in pacing each other in your readings to be
able to stick to the schedule. Likewise, when your reading
momentum starts to wane, one will act as a stimulus or an
encouragement to the other. Most importantly, to have someone
is better than being afone when it comes to trying to maintain
your sanity. A caveat, however, is that these apparent
advantages should not force you to findjust anybody to review
with. Chemistry with your potential review buddy is a must!
So if you are one who is effective in studying alone, then you
are better off doing it alone.
Finally, the whole month ofSeptemberraises another big
issue. Will I take a pre-week review class or not? I tried to get
a survey on this very important question but the advices were
divided - "Pre-week review classes are important and more
critical than the comprehensive review." or, "I reviewed by
myselfl" or, "She reviewed for one year and she landed in
number ten!" This just proves one thing - it is your call -
assess yourself and decide in favor of that which you feel you
will be most comfortable and effective with. One thing may
work well for Juana but not for Juan, hence, your pick! It is a
given that most reviewees attend pre-week review classes to
gain more confidence, to boost their morale and to get last
minute confirmation, lectures and tips. I also wanted that
during my time but I chose to undertake the pre-week review
by myself, again, for the same reasons as in the comprehensive
review - financial and time constraints. I felt I have learned
enough in the comprehensive review and that I would absorb
more pre-week review items in my own pacing. I asked myself,
"Will I learn something new?" The answer was no, since I will
hear the same things as in the comprehensive review but they
will just be summarized and presented in a faster pace ...
everything will be the same, so I chose to use all the Bar pre-
weeks reviewing alone.
7
5. BAR REVIEW METHODS AND TECHNIQUES
D. Physical Well-being
"Men sana in corpore sano" - a sound mind in a sound
body! That is a requirement since a very <lange~o':15 enemy
while preparing for and taking the Bar exams is illness or
sickness.
While an illness or sickness may strike you anytime, you
can minimize if not prevent it by having an exercise regimen
and taking vitamin supplements. With more reason that you
will need more of them when under mental stress and
psychological ordeal yet diminished physical acti~ty..On ~he
other hand, I cannot vouch the effectiveness ofbram VItamms
because I did not take any. There is no substitute for a healthy
diet and an ideal sleep. Remember, the Bar review and the
Bar exams do not mean the end ofthe world ... you must try
to enjoy them in order to be effective.
Insummary, these are the rules that may help a reviewee
to be physically fit:
1. Try to be conscious of the state of your heal~h
before the start of your review so that you will
be able to take precautionaryorcorrectivehealth
measures.
2. A daily one-hour exercise is ideal.
3. A regular good sleep is essential. Do not force
yourself to extend review hours when you are
already incapable.
4. Do not forget proper personal hygiene.
5. Continue taking your usual vitamin supple-
ments. Ifyou had none and believe that you do
not need them, maintain a good diet and
consume a great deal of fluids - water, juice,
milk and fruits.
6. Keep first-aid medicines handy.
8
PREPARATION
E. Review Materials
7. Try to stay away from bad habits.
Apart from the foregoing, I may say that a breath of
fresh air once in a while may be helpful. If you feel
overburdened and already overwhelmed by your review, take
a little time out for yourself- remember - "All work and
no play makes Pedro a dull boy!"
E. Review Materials
"Success isnota matterofchance- itisa matter
ofchoice. Success isn't somethingyou hope happens.
It is an achievementaccomplished byconsistentdaily
preparation and commitment to a goal with a daily
plan ofaction." - Dave Dean
One of the most critical aspects in your Bar preparation
is the choice of review materials. It is but nattiral to get the
feeling that we want to read every book, every handout and
every notes we find, but reality is that, the five (5) month-
review period available to us is not enough to re-read all
annotated law books, all review books or all hand-outs and
notes in all eight Bar exam subjects. Therefore, it is advisable
to be selective ofyour review materials. Obviously, practicality
dictates that you should not go back to your textbooks,
otherwise, you should rethink if you are already prepared to
take the Bar exams in a meager five months time. 'Tuxtbooks
may come in handy for reference purposes only. Here are the
things that may be done in this aspect -
1. To familiarize yourself on how the Bar exams
is, go over compilations on Bar questions and
suggested answers before you begin your review
proper.
2. Read codal provisions in some Bar subjects as
introduction to your comprehensive review
(Civil Code, Family Code, Commercial Law,
Constitution).
9
6. BAR REVIEW METHODS AND TECHNIQUES
3. At most, select two review books per Bar exam
subject. As you mayhave already availed ofsome
review books in law school, you may use such
experience as a gauge in picking out which to
utilize inthe review. Incase ofnew re~iew books,
take a good browse at their contents before
choosing them. Your review books must
complement each other. To avoid confusion and
to ensure updates, it is advisable to secure the
latest editions.
4. Organize your review hand-outs, notes or
pamphlets. Classifythem as towhichwill be part
of the comprehensive review, the quick review
and pre-week review.
5. Get some compilations of Supreme Court
decisions (laid down up to the cut-off date for
the Barexam coverage) and include them inyour
readings during your comprehensive review.
6. Voice recordings are helpful in slack times.
I would like to share my personal experience on the
advantage I have derived from voice recordings. Early on, I
have admitted to myselfthat I cannot follow a review schedule
to the letter since I do not want to torture myself. In my law
studies, I slept when I felt the need and resumed studying
after being refreshed - that was effective on me. The idea of
recording came to mind out ofa simple question: Why do people
memorize songs even without trying so hard to? The obvious
answer was because they always hear them, thus,
unconsciously retained them in memory. I recorded my own
voice starting with the Lawyer's Oath, then the more
significant provisions of the Constitution (including the
Preamble) and, eventually, those which I felt outstandingly
important to be worth being constantly reminded of. I listened
to the recordings while traveling, while doing chores and while
dozing off nnd evon during nap/sleep. This went on in the pre-
10
PREPARATION
F. Timetable
week. The resultwas impressive - easierrecall withouthaving
spent so much time and effort to memorize.
F. Timetable
"Timing is an essential ingredient in success:
being the right man, at the right time, at the right
place." - Edwin Louis Cole
"The greatest amount ofwasted time is the time
notgetting started."- Dav.id Trotman
Take stock of the time available to you. Ifyou start your
review by mid-April, then your timetable should start on that
month. Aword ofcaution for those who have five or six months
to undertake the review, do not fall in a procrastination trap.
You may consider what an author once said, "One of the
greatest enemies that we can face in life ... is the illusion that
there will be more time tomorrow than there is today." Every
day and every hour counts before and during the Bar exams
so you have to use your time effectively. Your schedule would
depend on the place and method of review you have adopted.
In any case, quality time should be your target.
Maybe you are curious on how one can review effectively
without spending so much time. Do not confuse flexibility or
leniency with negligence. For me, I may not have been so keen
on the time spent for daily review but I have set targets that I
conditioned myselfto achieve at a certain point. My friend and
I considered ourselves as prisoners on death row. We hang big-
numbered t'alendars (fromApril to September) on the wall and
wrote our scheduled review subject for each day. Of course,
the scope and weight ofthe subject were the primary bases of
our review schedule attribution. Then we marked the dates as
they passed to warn us ofthe fleeting time and to remind us of
the days left to judgment day! With the number of days
scheduled for a particular subject, I organized and reconciled
ull the materials I needed to review.
11
7. BAR REVIEW Mg'l'l-IOOS AND TECHNIQUES
How do you divide the calendar days for your review? I
have divided mine to cover three review components: a
comprehensive review, a quick review and the pre-weekreview.
The comprehensive review covers Mid-April to July, which
is approximately 107 days. Ifyou deduct the number of ~ays
intended for the review classes (in case of weekend review),
which is around 42 days, you will have 65 days for your
readings. In my case, I arranged my review subjects in the
same order as the Bar exam schedule. By the end ofJuly, you
would have separated the chaffs from the grains and have
already marked the important points or areas you will focus
on for another reading, which we will call the quick review.
This is when the importance of the whole month of August
comes to the fore. For your quick review, reverse your schedule
and begin with the last Bar exam subject which is Legal Ethics
and Practical Exercises and work your way back to Political
and International Law. By the first pre-week, what you have
read in Political and International Law and Labor Law and
Social Legislation will be fresh in your mind. I found this very
convenient and effective.
After the macro planning, the next important part ofyour
Bar review timetable is preparing a daily schedule to GUIDE
you. Your schedule will serve as your standard but keep it
flexible as necessary. 'lb illustrate, you can set a time for waking
up every morning everyday but do not force yourself to wake
up at the time set when you stayed late the night before. In
contrast, you may have set a specific time to sleep but ~ou
may still review beyond that if you are still capable. lmagme
forcing yourselfto wake up or sleep just because your schedule
dictates so! Remember, your target is quality time not the
number of hours you spent reading.
lndccd, the major component ofyour dailyreview schedule
is the number of hours you will set for your readings. The more
you rcud nnd understand, the greater leverage you will earn.
However, onct•you f'l'el really sleepy while reading, to the extent
that you urn 11i11mrhi11~ nothing, take time to get a quick nap
12
PREPARATION
F. Timetable
- this is the best time to listen to your voice recordings.
Likewise, if you sense that you are no longer absorbing
anything while you are studying, take a break. Do something
different. Otherwise, if you force yourself to read just to be
able to attam your target ofreading hours per day, you will be
fooling yourself. The most you will get is a false sense ofsecurity
and, ifthe practice continues, it may be too late to realize that
you have not learned anything. Again, what you should strive
for is the quality of your review, not the quantity ofhours you
have spent reviewing.
On the other hand, I can still vividly remember what our
lecturer in Bar Techniques shared with us in case of a daily
half-day review class schedule: Adopt a daily schedule where
every minute counts. The day starts at 5:00 a.m. as wake up
time; exercise and breakfast for 15 minutes each; review-
reading for one hour; reading newspaper, personal hygiene and
preparations for 30 minutes (time relative); one hour travel to
review school (time relative); 8:00 a.m. to 12:00 noon - review
class; two 15-minute breaks in the afternoon; lunch and dinner
take an hour each; and the rest ofthe time shall be devoted for
review until about 10:00p.m., sleeping time. I have particularly
noted the suggestions that a nap is a no-no; music, television
and the like are prohibited; visitors and breaks are scheduled
to almost nil; and the reviewee should not lie down while
reading but should sit on an uncomfortable chair so as not to
feel sleepy.
What a torture! I thought it was too impossible for me to
cope with that schedule since I was so used to studying lying
down, hence, sitting down was out ofthe question. Likewise, I
could not bear waking up before sunrise because I am a late
sleeper. Therefore, I decided that I have to adopt my own
schedule - wake up, eat, read, exercise, sleep, anytime when
I felt like it. I reviewed lying down. Obviously, the scheme may
be considered as risky but I felt most comfortable with it and
to compensate, I set targets upon myself. My schedule was
more concentrated on targets that I painstakingly worked for
to achieve and I let t.lw t.i me flex with them.
13
8. BAR REVIEW METHODS AND TECHNIQUES
To illustrate my review system, ifl allotted two weeks for
my review in Political and International Law, I would give one
day for readingthe codal provisions, three days for the reviewer
in Political Law by one author, three days for another reviewer,
one day for a reviewer in International Law and so forth. I
was not too conscious of the time I utilized for review in a day
but I strictly saw to it that I finished the review target I set for
a particular period and of course, with quality.
For better reference, a usual review schedule is hereunder
presented as a standard schedule of review vis-a-vis the
schedule I used as I deemed convenient and effective.
STANDARD SCHEDULE
ATTEND DAILY REVIEW CLASS (usually half-day)
"God has given me this day to take as I will....
WhatI do today is important becauseI am exchanging
a day ofmy life for it!" - Dr. Heartsill Wilson
5:00 a.m.
5:01-5:15
5:16-5:30
5:31-6:30
6:31-7:00
- wakeup
- exercise (15 minutes)
- breakfast (15 minutes)
- review (1 hour)
- news,personal hygiene and preparations (30
minutes - relative) ·
7:01-8:00 travel to review school (1 hour - relative)
8:01-12:00 nn. review class (4 hours)
12:01-1:00 p.m. - travel and lunch (1 hour)
1:01-1:15 - rest, no nap (15 minutes)
1:16-3:30 - review (2 hours, 45 minutes)
3:31-3:45
3:46-7:30
7:31-8:30
- snacks and rest, no nap (15 minutes)
- review (3 hours, 45 minutes)
- dinner (1 hour)
14
PREPARATION
F. Timetable
8:31-10:00
10:01
- review (l·hour, 30 minutes)
- sleep
TOTAL REVIEW HOURS- 18 HOURS
REMINDERS:
> lµview using a table and an uncomfortable chair so that
you are always alert
> Never lie down while reviewing to avoid getting sleepy
> No musicIno interruptions
NOTE: Some reviewee-examinees adopted this kind ofschedule
and it worked well on them.
AUTHOR'S SCBEDVLE
ATTEND WEEKEND REVIEW SESSIONS (whole day)
1.
"When life throws you lemons, make lemonade."'
-Author unknown
COMPREHENSIVE REVIEW (APRD.. TO JULY)
Wake-up
Eat
Exercise
Review
Sleep
Take a break/go out
Pray
15
- anytime
- anytime
- anytime
- anytime
- anytime
- once in a while - the Bar
review and exams do not
mean the end ofyour social
life
- always
9. BAR REVIEW METHODS AND TECHNIQUES
REVIEWCALENDAR, -,I
a. 1st-3rd day - subject according to Bar exam
schedule
b. 4th-5th day - subjects that will be discussed in
your weekend review lecture -
complementary
c. lecture days - lecture subjects - complemen-
tary
REMINDERS:
)> Adopt a schedule that suits you most.
)> You may adopt a flexible schedule but see to it that
your targets are accomplished.
)> Forcingyourselfto adopt a schedulethat you ~re not
comfortable with means useless efforts.
)> While on travel or before and during naps and at
bedtime, listen to recorded notes andlegal provisions.
2. QUICK REVIEW (AUGUST)
At this stage, reverse your Barexam subjectschedule.
Start with Legal Ethics and Practical Exercises. By end
ofAugust, your memory ofthe topics on the 1st Barexam
subject (Political and International Law) is sharper.
3. PRE-WEEK (SEPTEMBER)
a. Attend Pre-week Review Class or Not
The decision is yours and will again depend on
where you will be effective. In my case, I decided
against attending a pre-week review class since I
already had all the necessary materials, and time is
running out. So, I thought of making better use of
t.hu pre-week on my own rather than sit down in a
16
PREPARATION
F. Timetable
pre-weekreview class and listen to the same lectures
I have already heard but now in a faster pace. Last
minute lectures and tips are no longer necessary if
you have prepared well.
b. What to Study
)> Pre-week notes
)> Hand-outs/summaries
)> Important codal provisions
)> Short pre-week reviewers
)> Voice recordings in slack or rest time
c. Pre-week Tips
)> Don't forget to pray
)> Find the most comfortable place to stay for the
pre-week. Pamper yourself at this time in
preparation for the rigors of the Bar exams
)> At this time, the review ofall topics should have
been fully undertaken. The pre-week is merely
for emphasis or as an exercise of your mental .
preparednessfor the Barexams. Nothingshould
be reviewed for the first time at this point
)> Do not rely merely on tips or hopes ofleakage
)> Relax, do not cram
)> Try toestablishanearlier(your normal)sleeping
habit at this point in preparation for the exams
EVES OF EXAMINATION DAYS (SATURDAYS OF
SEPTEMBER)
"There is no advancement to him who stands
trembling because he cannot see the end from the
beginninf{.11
- E.J. Klemme
17
10. BAR REVIEW METHODS AND TECHNIQUES
Almost always, the worst time for a Bar examinee is the
eve of the first Sunday examination. It seems that all the
anxieties, pressures and insecurities that have been building
up during the five or more months of your review con·1erge on
this day.A feeling ofrestlessness starts to erode the confidence
that you have gained during the review. Do not panic! This is
natural. Just think that all other examinees are going through
the same adversity. There is no use cramming at this point.
N-0rmally, the mornings of Saturdays are set aside for Bar
Operations. This may be most psychologically helpful to feel
the support ofyour School, professors, family and friends. Bar
Ops lectures are given and may serve as last minute confirmation
ofthe most significant topics ofthe scheduled Barexam subjects.
On the other hand, should you choos.e not to attend the Bar
Ops, the Saturday mornings may be spent for last-minute review.
In the afternoon, organize what you need to bring for the
examination the next day. Ch~ck your identification cards and
exam permit. Prepare your pens and all others that you need
to bring for the examination and secure them in one bag. Do
not forget your water, fin~t-aid medicines and something to
munch just in case. After all such preparations, it is your time
to truly relax. Do other things. Take a stroll or go to the mall
(as I did during my time) or watch a movie, but go to bed at the
usual time you have adopted during the pre-week. Do not sleep
too early or too late as this will affect your wake up time in
your most important day. For sure, it will be a long night as
you battle yourselfto sleep but you have no other choice but to
get yourself a good sleep. A glass ofwarm milk might help.
Beforeending this topic on preparation, the Dos andDon'ts
in Bar preparation may be summarized as follows:
•
DON'Ts
Don't. force yourself to adopt a review method that you
an• not. com fort.able with. Otherwise, you will not be
efft•diVI'
18
PREPARATION
F. Timetable
• Don't force yourselfto studyifyou can no longer assimilate
what you are reading just for the sake of convincing
yourselfor anyone that you have spent long hours in your
review. Waste of time and effort!
• Don't be too lenient on yourselfto the point ofnegligence,
but don't be too harsh either. Make an effort depending
on your capacity and capability.
• Don't entertain anxiety, pressures and tensions. Relax.
Negative emotions will do you no good!
• Don'tjustread. Understand! Never leave any topic without
understanding it.
• Don't leave any doubt or query unanswered. Research.
Ask lecturers, lawyers or other reviewees.
• Don't leave any topic unattended. You can read minor
topics once but with comprehension of the basics there-
of.
• Don't mechanically memorize. Understand what youhave
read or reviewed for easier recall.
• Don't attempt to read all books. Be selective and critical
of your review materials. Others can be used only as
references.
• Don't hesitate to skip a review class ifyou think you cannot
learn anything more from it. In this case,justget thehand-
outs and read the scheduled lecture topic by yourself.
Otherwise, waste of time!
•
•
Pray. There is nothing more comforting than the power of
prayer.
Review for as long as you can comprehend. When you read,
try to translate and digest the data in your own way, the
best way you cun. This will help you remember.
L9
11. BAR REVlEW METHODS AND TECHNIQUES
• Start your review by reading compilations of Bar
examination questions and suggested answers, then codal
provisions, then reviewers, and finally summaries and
mnemonics. Refer to annotated textbooks as may be
necessary.
• Record important provisions, doctrines and quick notes
and listen to them in your slack times. Listen to the
recordings, as often and as many times per recording as
possible, when you are not reading or while resting,
traveling or doing other chores, and before going to sleep.
Sleep on it. Without knowing it, you have retained them.
Record by subject. They will come in handy during the
pre-week.
• Take down important notes that you will read during the
pre-week (pre-week notes).
• Research latest jurisprudence (up to the cut-off date of
the Bar exam coverage) and digest them yourself.
Concentrate on rulings. They can form part of your pre-
week notes.
• Mnemonics will help. Posting of notes on walls may be
helpful too but don't overdo it.
• Try to recall what you have reviewed even while doing
other chores.
• Practice neat and legible penmanship. Do this while taking
down your pre-week notes.
• Try to secure review materials and hand-outs from
different law review schools.
• Give yourself some time to rest.
• Be knowledgeable of the news! Read the papers. Some
questions are derived from latest issues.
20
EXAMINATION DAY
"Sometimesawinnerisjustadreamerwho never
gave up." -Author unkrwwn
The Bar examination days are the four Sundays of
September and would cover the following subjects:
Weight
1st Sunday - Political and International Law 15%
Labor and Social Legislation 10%
2nd Sunday - Civil Law 15%
Taxation 10%
3rd Sunday - Mercantile Law 15%
Criminal Law 10%
4th Sunday - Remedial Law 20%
Legal Ethics and Practical Exercises 5%
Total 100%
Ti.me: Morning- 8:00 a.m. to 12:00 noon (4 hours)
Afternoon-2:00 p.m. to 5:00 p.m. (8 hours)
a SUNDAY SCHEDULE
Saturday preparations - Examination materials
SnacksIlunch
21
Medicines and medications
Tissue paper
12. BAR REVIEW METHODS AND TECHNIQUES
Saturday sleep
Sunday
4:30 a.m.
4:31-5:00
5:01-6:00
6:01-7:00
7:01 - 7:30
7:45
8:00
Cellphones/pagers (not
allowed inside
the exam venue)
Codes
- normal sleeping habit
during the week
- wake up, PRAY
- breakfast, you should eat, but
moderately
- personal preparations
* use yourmost comfortable
clothes
* bringjacket (exam rooms
are air-conditioned)
- tovenue- LaSalle, TaftAvenue,
Manila
• to examination room
- first bell I PRAY
- second bell. Your proctors/ ·
watchers will instruct you
to start answering
8:00 - 12:00 - examination proper
12:00 - 1:00 p.m. - lunch
1:01-1:30 - go back to examination room,
1:45
2:00
2:00-5:00
PRAY
- first bell
- second bell. Startofexamination
- examination proper
The foregoing schedule may be used as your guide.
Nevertheless, feel free to adopt your own schedule as you see
fit.
22
a WHATTODO
EXAMINATION DAY
What to Do
Once you are inside the examination room, try to relax.
There is nothing more to be done but to try your best. When
the questionnaires have been distributed and you are
instructed to start answering, take a quick browse at your set
so you can have an overview ofthe length ofthe examination,
the length ofeach question or case problem, and the number
ofquestions and sub-questions. Budget your time since you do
not have much. This will help you to avoid cramming for your
answers when you realize belatedly that you have less time
left to cover the rest ofthe questions. Since you are allowed to
writeonthe questionnaire, you can mark a certain pointthereof
that will be your time guide, e.g., mark the mid-way of the
questionnaire w~th "10:00 a.m." to remind you that by that
time, you should already be at that point in the examination.
So what will help you in'budgeting your time? Concise
answers will do. Answer directly and as simply as possible.
Limit your answer to a simple question within one page as
may be practicable.~ you are reading each question, mentally
take note ofyour probable answers. Ifthe question involves a
case problem, picture the problem and try to formulate your
answer as you read through. You need to do that, as you will
obviously read the questions more than once, hence, taking
much ofyour limited time.
Ifyou are done answering the questionnaire, do not be in
a hurry to submityour notebook(with the questionnaire). Use
your remaining time wisely. There is no reward for finishing
the examination ahead ofthe others, rather, you should bear
in mindthat the fouror three hours allottedfor the examination
are the only chances you have got. This is crucial for it will
make or break you in your pursuit to become a lawyer.
Thus, afteryou have finished answeringall the questions,
review your answers. Start by checking ifyou ha.ve answered
every question and sub-question. In my time, while I was
. reviewing my answers, I discovered that I missed one sub-
23
13. BAR REVIEW METHODS AND TECHNIQUES
c..iestion. Had I not checked my ·answers, I wo~dn't have
topped the Bar! So go over your answers one by on_e; check
your grammar and spelling. Nothing is more abhorring to the
examinerthan a misspelled word ora crooked simple sentence
- this is not an acceptable image ofa lawyer to be!
After everyexamination, never everattempt to open your
notes or books and check whether or not you have answered
the questions correctly. Do not discuss your answers with
anyone. There is no point in confirming your answers but the
worst is, you might find out that you answered incorrectlyand
that will affect your preparation and performance in the next
sets of examination. What you have already written can no
longer be unwritten and there is nothing more that can be
done.
a ANSWERING BAR QUESTIONS
I read a story which is a good example of the power of
playing with words. It is about two monks who usually stroll
along the garden of the monastery. One day as they were
walking along a wooded path, oneofthe monks asked the other
if he thought it would be a pleasant experience to have a
cigarette as they took their walk. The other agreed, but they
decided they should ask the master of the monastery for his
permission. The next day, as they came out for their walk, one
ofthe monks was smoking a cigarette and the other was not.
"We agreed to ask the master," said the monk not smoking.
"That is so, and I did," replied the other.
"I asked for permission to smoke and was refused."
"How did you ask?"
"I approached the master and said, 'Master, when I am
walking and meditatingin the garden, is it all right ifI smoke
a cignrcito?' nnd he said, 'Absolutely not!'"
"You sou, my brother, it is in the asking of the question
that you wort• rnf111~cd . I approached the master and said,
24
EXAMINATION DAY
Answering Bar Questions
'Master, when I an;i. smpking in the garden, is it all right ifI
meditat~?' and he said. 'Certainly.'" (Traditional Buddhist
Tale)
The story is a simple illustration of how you can be
persuasive in your statements ... how you can get what you
want by sayingthe right words and saying them right ... and
it shows how the same set ofwords when presenteddifferently
will have different meanings and would produce different
reactions and results.
Answering a Bar examination question is an art in itself.
The issue oftenoverlooked bylaw students and Barexaminees
is how to present their answers. The presentationofan answer,
whether substantively correct or not, will spell a lot of
difference. Your answer must not onlybe responsive butshoulg
be concise as well. As early a~ my first year in law school, I
realized that when I started adopting a simple and concise
method ofanswering test questions, my performanceimproved.
Tnis just establishes that it would be a distinct advantage for
law students to develop the proper method of answering
questions at such early stage. Ofcourse, you need to study to
be able to answer correctly, but all things equal, I felt the
following answer formats gave me the edge in every
examination, including the Bar exams:
I. ENUMERATIONORDISTINCTIONS: (Question
No. IV[l], 1998 Bar Examination in Criminal Law)
Distinguish between justifying and exempting
circumstances. (3%)
• ANSWERFORMAT: aifted from theAuthor's actual
answers)
Always introduce your enumeration or distinctions.
Use appropriate punctuation marks.
e.g., Justifying circumstances may be distinguished
from exempting circumstances as follows:
25
14. BAR REVIEW METHODS AND TECHNIQUES
1. In the former, there is.-ne#hera crime committed
nora criminal because the actstherein are legally
justified, while in the latter, there is a crime
committed but there is no criminal because the
law excuses the offender from liability therefor;
and
2. Since there is no crime nor a criminal in the
former, civil liability does not also attach to the
offender, except in case of a state of necessity
where the party benefited should indemnify the
person injured, while in the latter, although
criminal liability is excused, civil liability
attaches to the offender because ofthe fact that a
crime has been committed.
II. SIMPLECASE PROBLEM: (Question No. III, 1998
Bar Examination in Labor and Social Legislation)
A lady worker was born with a physical deformity,
specifically, hard of henring, speech impaired and color
blind. However, these deficiencies do not impair her
working ability.
Can the employer classify the lady worker as a
handicapped worker so that her daily wage will only be
seventy-five percent (75%) of the applicable daily
minimum wage? (5%)
• ANSWERFORMAT: (lifted from theAuthor'sactual
answers)
1. Start with the first paragraph stating your
categorical answer to the question, i.e., Yes/No/I
distinguish/I qualify, completed by the issue in
the question.
e.g., No. The employer cannot classify the lady
worker as a handicapped worker in the case at
bar.
26
EXAMINATION DAY
Answering Bar Questions
2. The second·paragraph is a citation ofthe applic-
able law orjurisprudence or both.
e.g., *It is provided for under the Labor Code of
the PhiliQPines. that to be considered a handi-
capped worker, the physical deficiencies ordefor-
mities ofa worker mustadversely affectorimpair
his working ability or capacity in relation to his
assigned job. In this case, the law allows the
paymentofa wage ofat least seventy-five percent
(75%) ofthe applicable daily minimum wage.
3. The third paragraphis the application ofthe law
on the facts.
e.g., In the case at bar, the deficiency ofthe lady
worker is unrelated to or does not impair her
ability in the performance ofher assigned job.
4. The fourth paragraph roay be your conclusion.
(optional or this may form part of the third
paragraph)
e.g., Therefore, she should not be classified as
handicapped worker and should be entitled to
the full applicable daily minimum wage.
ill. CASEPROBLEMCALLING FORA QUALIFIED
ANSWER: (Question No. X, 1998 Bar Examination
in Criminal Law)
Manny killed his wife under exceptional circums-
tances and was sentenced by the Regional Trial Court of
Dagupan City to suffer the penalty of destierro during
which he was not to enter the city.
1
Did Manny commit any crime? (3%)
2. Ifso, where should he be.prosecuted? (2%)
*Note: The better phrase should have been either "According to the
law," or "The law provides,"
27
15. • ALTERNATIVE ANSWER FORMAT: aifted from
the Author's actual answers)
1. The first paragraph contains the statement that
there are different views applicable to the case.
e.g., There liave been different views as regards
the imposition ofthe penalty ofdestierro upon
the offender who killed his spouse under
exceptional circumstances.
2. The second paragraphwill present the first view.
e.g., Firstly, the imposition of destierro under
such a case should not be regarded as a penalty
to the offender. It has been submitted that the
same is merely for the protection ofthe convicted
offender against possible retaliatory acts of the
relatives of his victim. In this case, therefore,
Manny cannotbe saidto have committeda crime.
3. The third paragraph will present the other view,
usually that whichis most accepted or that with
which you concur.
e.g., On the other hand, where it would be consi-
dered tliat the destierro imposed is a penalty,
which is clearlyprovided in the law without any
qualification, Manny committed the crime of
evasion of service of sent.ence since he entered
within the prescribed area ofhis banishment.
4. Thefourth paragraphwill indicate to which view
you subscribe. (this may form part of the third
paragraph)
e.g., I subscribe to the second view.
In sum, the following attributes are what a Bar examiner
looks for in the answers offuture lawyers:
1. Correct appreciation offacts;
2. Ability to identify the issue/s;
28
3. Knowledge of the law and jurisprudence;
4. Logic and reasoning ability;
5. Art ofPersuasion;
6. Responsiveness;
7. Clarity;
8. Brevity; and
9. Neatness ofpresentation.
0 EXAMINATION TIPS
"The only thing that stands between a man and what he
wants from life is often merely the will to try it and the faith to
believe that it is possible." - Richard M. Devos
• PRAY lik~ you have never prayed before.
• RELAX. Entertaining pressures and tension will be
of no help. Think that this is it and there is nothing
more to do but to try your best.
• Never ever think ofcheating.
• Take a quick browse at your questionnaire to have
an overview of the length of each question, the
number of questions and sub-questions but do not
concentrate on the details as yet. (The proctor or
watcher will instruc~ your group to count the pages
ofthe questionnaire - this is the timefor your quick
browse.)
• Budget your time according to the number of
questions and length of problems. Check the
percentage allocation for each question. This will not
only help you to budget your time but also give you a
cue on how difficult or intricate a problem is, hence,
warning you to be very careful with your answer.
• Reserve some time to review your answers.
29
16. •
•
•
•
•
BAR REVIEW METHODS AND TECHNIQUES
Analysis of available ·time as benchmark for
answering each question:
*4-hour examination with 15 questions= 16
minutes each
question
20 questions = 12
minutes each
question
*3-hour examination with 15questions=12
minutes each
question
20 questions =9
minutes each
question
Read instructions carefully. Read each question
carefully.
While reading a question or case problem, analyze
andstart formulating your answers. Ifyou do this, it
will be easierand faster for you to write your answers
sinceyou are alreadyguided by your earlier analysis.
It will also minimize errors and erasures.
Be concise and responsive(briefbutcomplete)in your
answers. Try to contain your answer to a simple
question or sub-question in one page. Nevertheless,
if you have more ideas that you believe will
supplement your answer, do not hesitate to add them
but just see to it that whatever you write is worth
reading. Otherwise, better stop. "Less talk, less
mistakes."
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
spoce/s. It is suggested, however, that even answers
to Bub-questions be presented on separate pages,
30
•
•
•
•
EXAMINATION DAY
Examination Tips
unless your answer is ve:i;y short, so that in case you
want to change any answer or if you have missed a
sub-question, you can still insert your answer in the
remaining spaces ofthe page.
Suggested answer format:
1st paragraph: Start with categorical answer
- Yes/No/I distinguish/I qualify ... completed
by the issue in question
2nd paragraph : Cite the applicable law or
jurisprudence or both
3rd paragraph: Apply the law/jurisprudence on
the facts
4th paragraph: Conclude (optionalor may form
pa.rt of the third paragraph)
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 theseare the purposes any law seeks
to achieve.
Ifyou really have no idea on how to answer a really
difficult question, or a borderline case, or you do not
knowwhat the answeris, the use ofinverted pyramid
of answering question may be helpful. This may be
done byinvertingthe usual answer format. Initially,
present your knowledge of the law and/or juris-
prudence, 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.
Be careful of the dates indicated in a question or
case problem os they will determine what law or
31
17. a
BAR REVIEW METHODS AND TECHNIQUES
jurisprudence is applicable. If the problem is silent
on the date, the assumption is the present date.
• Avoid contractions.
• Be very sensitive of catchy, leading and misleading
questions. Ifa question seems too easy, save ii:1" cases
of theories, think twice - read between the Imes.
BAR EXAM NOTEBOOK (for answers)
•
•
•
•
•
•
•
•
Begin answering on the page indicated.
When necessary, seek clarifications from the proctor
or watcher, never from your seatmates.
Answer neatly and legibly. Observe margins (do not
fold for margins). Erase with one horizontal line no
matter how long the word, sentence or paragraph is.
Do notobliterateor cross themout. Avoid strike-overs.
Do not tear or fold any page.
Do not put or write any unwarranted mark or name
in your notebook as this will be considered as
marking. Do not underline or capitalize yourwritings
for emphasis.
You can write or put marks on the questionnaire
unless told not to do so.
Leave a space betweenthe paragraphs ofyour answer
for better presentation.
Be careful withyour numberings. Tick every question:
(in the questionnaire) which you have already
answered. As much as possible, try not to skip
questions as you might forget or fail to go back to
them. Agood advice, however, is that you can skip on
the first batch ofquestions ifyou are not sure ofyour
answers until you come across a sure answerto build
up your confidence. A caveat, on the other hand, is
thu t. you huvo t.o start within the first three questions.
32
a
•
EXAMINATION DAY
After the Examination/s
Otherwise, it would be very difficult to estimate the
pages of the notebook that you need to skip.
Immediately after answering every question, make
a quick review. Check the spelling, grammar and flow
of thoughts/ideas so you can immediately effect
corrections, thus, prevent shortage of space.
• After finishing with the last question, review all your
answers again. Check if you have covered all
questions.
• Check if you have completely complied with all the
instructions and requirements before submittingyour
notebook and before leaving the examination room.
AFTER THE EXAMINATION/$
• It is not advisable to compute your possible marks in
every examination. One hundred percent (100%)
should always be your target.
• Do not discuss your answers with other examinees
or anybody. Do not compare your answers. Other-
wise -
•!• During examination period - It will cause loss
ofconcentrationdue to worryor disappointment
ifyou find out you have answered incorrectly.
•!• After the Bar exams - The waiting period will
be a torture.
18. SAMPLE BAR QUESTIONS AND ANSWERS (1998)
Political and International Law
SAMPLE 1998 BAR EXAMINATION QUESTIONS
AND AUTHOR'S ANSWERS
0 POLITICAL AND INTERNATIONAL LAW
Question No. I
The Department ofNational Defense entered into a
contract with Raintree Corporation for the supply of
ponchos to the Armed Forces of the Philippines (AFP),
stipulatingthat, in the event ofbreach, action may be filed
in the proper courts ofManila.
Suppose the AFP fails to pay for delivered ponchos,
where must Raintree Corporation file its claim? Why?
(10%)
19. BAR REViEW METHODS AND TECHNIQUES
1.
_ _74_~ ~ ~ w~ ~11
~ #-p ~ ~'fl..t,~2~~-
SAMPLE BAR QUESTIONS AND ANSWERS (1998)
Political and International Law
SAMPLE 1998 BAR EXAMINATION QUESTIONS
AND AUTHOR'S ANSWERS
D POLITICAL AND INTERNATIONAL LAW
Question No. YII
The poUce had suspicions thatJuan Samson, member
of the subversive New Proletarian Army, was using the
mail for propaganda purposes in gaining new adherents
to its cause. The Chief ofPolice of Bantolan, Lanao del
Sur ordered the Postmaster ofthe town to intercept and
open all mail addressed to and coming from Juan Samson
in the interest ofthe national security. Was the orderofthe
ChiefofPolice valid? (5%)
39
20. BAR REVIEW METHODS AND TECHNIQUES
~ ·
SAMPLE BAR QUESTIONS AND ANSWERS (1998)
Labor and Social Legislation
SAMPLE 1998 BAR EXAMINATION QUESTIONS
AND AUTHOR'S ANSWERS
0 LABOR AND SOCIAL LEGISLATION
Question No. IX
The weekly work schedule ofa driver is as follows:
Monday, Wednesday, Friday - Drive the family car to
bring and fetch the children to and from school.
Tuesday, Thursday, Saturday - Drive the family van
to fetch merchandise from suppliers and deliver the same
to a boutique in a mall owned by the family.
Is the driver a househelper?(3%)
The same driver claims that for work performed on
Tuesday, Thursday and Saturday, he should be paid the
minimum daily wage of a driver of a commercial
establishment.
Is the claim ofthe driver valid? (2%)
41
21. BAR REVIEW METHODS AND TECHNIQUES
IX.
SAMPLE BAR QUESTIONS AND ANSWERS (1998)
Labor and Social Legislation
22. BAR REVIEW METHODS AND TECHNIQUES SAMPLE BAR QUESTIONS AND ANSWERS (1998)
Labor and Social Legislation
SAMPLE 1998 BAR EXAMINATION QUESTIONS
AND AUTHOR'S ANSWERS
CJ LABOR AND SOCIAL LEGISLATION
Question No. XI
A construction group hired Engineer "A"as a Project
Engineer in 1987. He was assigned to five (5) successive
separate projects. All five (5) Contracts ofEmployrrumt he
signed, specified the name ofthe project, its duration, and
the temporary-project nature of the engagement of his
services. Upon completion ofthe fifth (5th) project inAugust
1998, his services were terminated. He worked for a total
often (10)years (1987-1998) in thefive (5) separate projects.
Six months a~er his separation, the Group won a bid
for a large construction project. The Group did not engage
the services ofEngineer "A"as a Project Engineer for this
new project; instead, it engaged the services ofEngineer
"B." Engineer"A" claims that by virtue ofthe nature ofhis
functions, i.e., Engineer in a Construction Group, and his
long years ofservice he had rendered to the Group, he is a
regular employee and not a project engineerat the time he
was first hired. Furthermore, the hiring ofEngineer "B"
showed that there is a continuing need for his services.
Is the claim ofEngineer '~"correct? (5%)
23. BAR REVIEW METHODS AND TECHNIQUES
-xr.
~ .
SAMPLE BAR QUESTIONS AND ANSWERS (1998)
Labor and Socia) Legislation
24. BAR Rr~vrnw METHODS AND TECHNIQUES
SAMPLE 1998 BAR EXAMINATION QUESTIONS
AND AUTHOR'S ANSWERS
D CIVILLAW
Question No. III
Jaime, who is 65, and his son, Willy, who is 25, dkd
in a plane crash. There is no proofas to who died first.
Jaime's only surviving heir is his wife, Julia, who is also
Willy's mother. Willy's survivingheirsare his mother, Julia
and his wife, Wilma.
1. In the settlement of Jaime's estate, can Wilma
successfully claim that her.late husband, Willy had a
hereditary share since he was muchyoungerthan his father
and, therefore, should be presumed to have survived
longer? (3%)
2. Suppose Jaime had a life insurance policy with
his wife, Julia, and his son, Willy, as the beneficiarks.
Can Wilma successfully claim that one-halfofthe proceeds
should belong to Willy's estate? (2)
48
SAMPLE BAR QUESTIONSAND ANSWERS (1998)
Civil Law
]![.
1.
25. BAR REVIEW METHODS AND TECHNIQUES SAMPLE BAR QUESTIONS AND ANSWERS (1998)
Civil Law
26. BAR REVJJ<;W METHODS AND TECHNIQUES
SAMPLE 1998 BAR EXAMINATION QUESTIONS
AND AUTHOR'S ANSWERS
0 CIVILLAW
Question No. V
In 1973, Mauricio, a Filipino pensioner ofthe U.S.
Government, contracted a bigamous marriage with
Erlinda, despite the fact that his first wife, Carol, was still
living. In 1975, Mauricio and Erlinda jointly bought a
parcel of riceland, with the title being placed jointly in
their names. Shortly thereafter, they purchased another
property (a house and lot) which was placed in her name
alone as buyer. In 1981, Mauricio died, and Carol promptly
filed an action against Erlinda to recover both the riceland
and the house and lot, claiming them to be conjugal
property ofthe first marriage. Erlinda contends that she
and the late Mauricio were co-ownersofthe riceland; and
with respect to the house and lot, she claims that she is the
exclusive owner. Assuming she fails to prove that she had
actually used herown money in eitherpurchase, how would
you decide the case? (5%)
52
SAMPLE BAR QUESTIONS AND ANSWERS C1998)
Civil Law
::1- •
~·
27. BAR REVIEW METHODS AND TECHNIQUES SAMPLE BAR QUESTIONS AND ANSWERS (1998)
Taxation
SAMPLE 1998 BAR EXAMINATION QUESTIONS
AND AUTHOR'S ANSWERS
0 TAXATION
Question No. IV
Arnold, who is single, cohabits with Vilma, who is
legally married to Zachary. Arnold and Vilma have six
minorchildren who live and depend uponArnold for their
chief support. The children are not married and not
gain{ully employed.
1. For income tax purposes, may Arnold be
considered as "head ofa family?" (3%)
2. l s Arnold entitled to deduct from his gross
income, an additional exemption for each ofhis legitimate
children? (2%)
GG
28. BAR REVIEW METHODS AND TECHNIQUES
..f .
Q-<. ~ ~ -w.J-.-0 ~
~~~t-Vv~~
SAMPLE BAR QUESTIONS AND ANSWERS (1998)
Taxation
·- - -- - - -
~ "D ~ ~'MJ:f~
29. BAR REVIEW METHODS AND TECHNIQUES
~ (4) .
SAMPLE BAR QUESTIONS AND ANSWERS (1998)
Taxation
SAMPLE 1998 BAR EXAMINATION QUESTIONS
AND AUTHOR'S ANSWERS
U TAXATION
Question No. XIX
CFB Corporation, a domestic corporation engaged in
food processingand other allied actiuities, received a letter
from the BIR assessing it for delinquency income taxes.
CFB filed a letterofprotest. One month after, a warrant of
distraint and levy was served on CFB Corporation.
Ifyou were the lawyer engaged by CFB Corporation
to contest the assessment made by the BIR, what steps will
you take to protect your client? (5%)
o9
30. BAR REVIEW METHODS AND TECHNIQUES SAMPLE BAR QUESTIONS AND ANSWERS (1998)
Taxation
-XIX
31. BAR REVIEW METHODS AND TECHNIQUES
SAMPLE BAR QUESTIONS AND ANSWERS (1998)
Mercantile Law
SAMPLE 1998 BAR EXAMINATION QUESTION~
AND AUTHOR'S ANSWERS
0 MERCANTILE LAW
Question No. II
X took a plane from Manila boundfor Davao via Cebl.I
where there was a change ofplanes. X arrived in Davac
safely but to his dismay, his two suitcases were left behind
in Cebu. The airline company assuredXthat the suitcases
would come in the next{Ught but they never did.
X claimed P2,000 for the loss ofboth suitcases, but
the airline was willingto pay only P500 because the airline
ticket stipulated that unless a higher value was declared,
any claim for loss cannot exceed P250 for each piece of
luggage. X however reasoned out that he did not .sign the
stipulation and in fact had not even read it.
X did not declare a greater value despite the fact that
the clerk had called his attention to the stipulation in the
ticket. Decide the case. (5%)
R:I
32. BAR REVIEW METHODS AND TECHNIQUES
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SAMPLE BAR QUESTIONS AND ANSWERS (1998)
Mercantile Law
33. BAR REVIEW ME1'HODS AND TECHNIQUES
SAMPLE 1998 BAR EXAMINATION QUESTIONS
ANDAUTHOR'S ANSWERS
D MERCANTILE LAW
Question No. IV
The Batong Bakal Corporation filed with the Board
of Energy an application for a Certificate of Public
Convenience for the purpose of supplying electric power
and lights to the factory and its employees living within
the compound. The application was opposed by the
Bulacan Electric Corporation, contending that the Batong
Bakal Corporation has not secured a franchise to operate
and maintain an electric plant.
Is the opposition's contention correct? (5%)
66
SAMPL.E BAR QUESTIONS AND ANSWERS (1998)
Mercantile Law
E.
34. BAR REVIEW METHODS AND TECHNIQUES SAMPLE BAR QUESTIONS AND ANSWERS (1998)
Criminal Law
SAMPLE 1998 BAR EXAMINATION QUESTIONS
AND AUTHOR'S ANSWERS
O CRIMINAL LAW
Question No. III
On May 5, 1992, at about 6.·00 a.m., while Governor
Alegre ofLaguna was on board his car traveling along the
National Highway of Laguna, Joselito and Vicente shot
him on the head resulting in his instant death. At that
time, Joselito and Vicente were members ofthe liquidation
squad of the New People's Army and they killed the
Governor upon orders oftheir senior officer, Commander
Tiago.According to Joselito and Vicente, they were ordered
to kill GovernorAlegre because ofhis corrupt practices.
Ifyou were the prosecutor, what crime will you charge
Joselito and Vicente? (5%)
69
35. BAR REVIEW METHODS AND TECHNIQUES
7fi.
SAMPLE BAR QUESTIONS AND ANSWERS (1998)
Criminal Law
71
36. BAR REVIEW METHODS AND TECHNIQUES
SAMPLE 1998 BAR EXAMINATION QUESTIONS
AND AUTHOR'S ANSWERS
0 CRIMINAL LAW
Question No. VII
King went to the house ofLaura who was alone. Laura
offered him a drink and afrer consuming three bottles of
beer, King made advances to her and with force and
violence, ravished her. Then King killed Laura and took
herjewelry.
Doming, King's adopted brother, learned a_bout the
incident. He went to Laura's house, hid her body, cleaned
everything and washed the bloodstains inside the room.
Later, King gave Jose, his Legitimate brother, one piece
ofjewelry belonging to Laura. Jose knew that the jew_elry
was taken from Laura but nonetheless he sold it for P2,000.
What crime or crimes did King, Doming and Jose
commit? Discuss their criminal liabilities. (10%)
72
SAMPLE BAR QUESTIONS AND ANSWERS (1998)
Criminal Law
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37. BAR REVIEW METHODS AND TECHN IQUES SAMPLE BAR QUESTIONS AND ANSWERS (1998)
Criminal Law
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38. BAR REVIEW METHODS AND TECHNIQUES
SAMPLE BAR QUESTIONS AND ANSWERS (1998)
Remedial Law
SAMPLE 1998 BAR EXAMINATION QUESTIONS
AND AUTHOR,S ANSWERS .
0 REMEDIALLAW
Question No. XI
A was arrested on the strength ofa warrant ofarrest
issued by the RTC in connection with an Inforniation for
Homicide. W, the liue-in partner ofA filed a petition for
habeas corpus against A:S jailer and police investigators
with the Court ofAppeals.
1. Does W haue the personality to file the petition
for habeas corpus? (2%)
2. Is the petition tenable?(3%)
77
39. BAR REVIEW METHODS AND TECHNIQUES
2[.
1.
SAMPLE BAR QUESTIONS AND ANSWERS (1998)
Remedial Law
~ .
40. SAMPLE 1998 BAR EXAMINATION QUESTIONS
AND AUTHOR'S ANSWERS
0 REMEDIAL LAW
Question No. XIII
In an Information charging them for Murder,
policemen A, B and C were convicted of Homicide. A
appealed from the decision but Band C did not. B started
serving sentence butCescaped and is at large. In the Court
ofAppeals, A applied for bail but was denied. Finally, the
Court ofAppeals rendered a decision acquittingA on the
ground that the evidence pointed to the NPA as the killers
ofthe victim.
1. Was the Court of Appeals' denial of A's
application for bail proper? (2%)
2. Can B and C be benefited by the decision ofthe
Court ofAppeals? (3%)
80
f.
41. BARREVIEW METHODS AND TECHNIQUES
.e. .
SAMPLE BAR QUESTIONS AND ANSWERS (1998)
Remedial Law
42. BAR REVIEW METHODS AND TECHNIQUES
SAMPLE 1998 BAR EXAMINATION QUESTIONS
AND AUTHOR'SANSWERS
0 LEGAL ETHICS AND PRACTICAL EXERCISES
Question No. I
Boy, armed with a knife had sex with Nelia, a
sixteen-year-oldlass, through force and intimidation
on May 1, 1998 in Bauan, Batangas. May the
Provincial Prosecutor ofBatangas file an information
ofrape against Boy instead ofa criminal complaint
to be signed by Nelia?
ls so, prepare the information complete with
caption.
If not, prepare the criminal complaint likewise
with complete caption to be signed by Nelia. In both
cases, exclude the certification. (10%)
84
SAMPLE BAR QUESTIONSAND ANSWERS (1998)
Legal Ethics and Practical Exercises
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43. BAR REVIEW METHODS AND TECHNIQUES
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SAMPLE BAR QUESTIONS AND ANSWERS (1998)
LegaJ Ethics and Practical Exercises
44. BAR REVIEW METHODS AND TECHNIQUES
SAMPLE 1998 BAR EXAMINATION QUESTIONS
ANDAUTHOR'S ANSWERS
0 LEGAL ETHICS AND PRACTICAL EXERCISES
Question No. V
A lawyer advertised in the newspaper the following.·
"Can secure annulment ofyour marrwge promptly.
Expert in legal separation cases. Consult anytime."
Is the advertisement proper? (5%)
88
SAMPLE BAR QUESTIONSAND ANSWERS (1998)
Legal Ethics and Practical Exercises
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