CASE PROBLEM

This type comprises an average of 80 – 90 percent of the questions in

every subject, hence, it is imperative that you are well-versed in
answering the same.

Given that you know already the law; that you know how to apply it to
the set of facts; that you write legibly enough; left you with one problem
– that is how are you going to present or articulate it in an impressive
manner.

A ready outline or structure of your answer will tremendously help you to

answer faster without missing an important part. By constant practice in
answering this type of question with the outline/structure in your mind,
you will be amazed how it easy for you to start outright and tackle the
question and come up with an impressive answer.

Below is the suggested outline/structure of your answer for a

“case/situationer problem” question:

1st Paragraph – Positive/Negative/Qualified Answer

2nd Paragraph – Applicable Law/Jurisprudence

3rd Paragraph – Correlation of the Law/Jurisprudence with the Facts

of the Case

4th Paragraph – Conclusion (this may be part of the 3rd Paragraph)

Okay, you already have an outline but isn’t it boring for the examiner to
read in your answers the same words or phrase at the beginning of your
paragraphs? For example you will use these words in every answer: the
contention is untenable; the law provides; therefore. The examiner will
spot this and might not be impressed to you at all which will result to a
lesser points.

You will agree that the hardest thing to do is to start. We want that the
first sentences or paragraph we will write will impress the examiner and
more often we cannot find the right words to start. Would it be easier if
just like the outline you have already a pool of words waiting to be used?
Knowing “First Liners” or introductory words will greatly help you to
quickly and smoothly string your thoughts and effectively convey your
answers. The following “first liners” or introductory words can be used
interchangeably to begin every paragraph of your outlined answer.

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 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…

ADDITIONAL TIPS ON HOW TO APPROACH BAR ESSAY

QUESTION
1. Finishing is the key. Many fail the Bar exam because they don’t finish
the exam. They spend so much time on an early question that they
can’t 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. Don’t 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. It’s easy to waste time by getting carried away by
a single question or by getting stuck on a question that’s 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 aren’t 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 won’t get all the possible points if you don’t
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. Don’t make the Examiner search

for your answers. Make your answer look professional. Don’t use
textspeak and don’t abbreviate. Answers which look professional, are
well organized and which use paragraphs and indenting where
appropriate make the Examiner’s 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. Don’t submit your test booklet too early. There’s 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 we’ve 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!!!