REASON/S BEHIND THE LAW
If… (or As far as the
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…
DEFINITION / EXPLANATION
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…
ENUMERATION
1. In capsule form, the following are the
elements of the crime of
In a nutshell, the following are the elements
of the crime of 1. We must distinguish.
The following elements are generally __________ is concerned)
considered in the determination ofthe 2. It depends. If…(or As far as the __________ is
presence of (i.e. employer-employee concerned)
relationship) The question requires a qualified answer. If…
Among the (i.e. defenses/remedies) available 4. I will qualify. If…
to (i.e. Mr. X) as provided for by/in the (i.e. 5. On the assumption that…
Civil Code) are: 6. My answer must be qualified.
(1)… JURISDICTION
(2)…
1. The case is beyond the ambit of the
5. The following are the requisites for… jurisdiction of the (i.e. Regional TrialCourt)
6. In order that a case for (i.e. B.P. 22) to 2. It is within the ambit of the (i.e. Secretary
prosper, the following elements must be of Labor’s) power.
attendant/present: 3. It is not within the province of the (i.e.
7. To constitute (i.e. homicide), the following Municipal Trial Court)
requisites must concur: 4. It is clearly within the powers of the (i.e.
8. (i.e. Legal compensation) requires the Labor Arbiter) to…
concurrence of the following conditions: 5. The case of (i.e. ejectment) lies with the
9.To establish a person’s culpability under Municipal Trial Court.
(i.e. estafa), it is indispensable that… 6. The case is cognizable by the (i.e. Regional
DISTINCTION Trial Court)
7. The case is covered by the (Rules on
1. The (i.e. two) may be distinguished from Summary Procedure).
each other in the followings ways: 8. The law vests upon the (i.e. Secretary of
2. In the first, it is necessary that there be….., Justice) the power to…
whereas in the second it is sufficient
that there be …. ELABORATING/EXPOUNDING ANSWERS
3. In the former, … while in the latter… 1. It should be borne in mind that…
4. The former requires … while the latter… 2. It must be noted that…
5. … on the other hand ______________ is… 3. It may be recalled that…
4. It is worth observing…
5. It must be taken into consideration that…
ANSWERING QUESTIONS WITH VAGUE 6. More importantly, ….
FACTS (or which requires qualification) 7. Significantly,…
But if the facts are complete in itself, do not 8. Corollarily,…
attempt to add facts or assume anything. 9. Furthermore,…
10. Moreover,…
11. Similarly,…
12. Parenthetically,…
13. In other words,…
14. Otherwise stated,…
15. Simply put,…
16. Simply stated,…
17. Stated more concretely…
18. The reasons are obvious. (expound)
19. The reasons are well-known. (expound)
20. The reasons are plain. (expound)
21. Under the same line of reasoning,…
22. As regards…
23. With regard to… (it is error to state “with
regards to”)
24. Anent the (i.e. first issue),…
25. As far as the ________________ is concerned,…
26. This is indicated by the fact that…
27. The language of the law leaves no room
for doubt that,…
28. Justice and fair-play dictates that,…
29. Applying the principle of….
30. For all its conceded merits, (i.e. equity is
available in the absence of lawand not as its
replacement)…
31. The law is categorical with regard to…
32. Notwithstanding the… (i.e. execution of
the document)
33. It is beyond debate that,…
34. It is imperative to look at,…
35. This is consistent with the time-honored
maxim (i.e. nullum crimen nulla poena sine
lege).
36. As it is imbued with public interest,…
37. In like manner,
38. In the same manner,
39. In the same vein, 58. ___________ and ____________ are two mutually
40. In the same breath, exclusive remedies. An application of one
41. Likewise,.. precludes the application of the other.
42. In fine, 59. To amplify,…
43. It bears articulating that 60. It must be pointed out that…
44. The controlling element in the (i.e. crime 61. Notably,…
of estafa) is… 62. At the outset, the (i.e. defendant)…
45. By analogy,… 63. Coming now to the issue of (i.e.
46. Suffice it to state that.. prescription),…
47. Emphasis must also be placed at…
48. Manifestly, there was (i.e. grave abuse of CITING LAW PROVISIONS
discretion amounting to lack or excess of
1. No less than the (i.e. 1987 Constitution)
jurisdiction)
provides for the…
49. Needless to stress that…
2. The (i.e. Rules of Court) substantially
50. It goes without saying that
provides in part that…
51. The Supreme Court frowns upon the (i.e.
3. Under the broad principles of (i.e. due
illegal practice of forum shopping as it erodes
process clause)…
the administration of justice and makes a
4. Under the all-encompassing doctrine of (i.e.
mockery of the justice system).
incontestability clause)…
52. There is no denying in this case, that (i.e.
5. Under the law…
the petitioner never raised the issue of
6. According to the (i.e. Family Code)…
jurisdiction throughout the entire
7. The law is explicit on the matter.
proceedings in the trial court; case of Tijam
8. The law explicitly expresses in part that…
vs.
9. By express provision of law,…
Sibonghanoy)
10. By operation of law…
53. It is now too late in the day for the
11. As a matter of law…
respondent/defendant to (i.e. raise the issue
12. Worth remembering is the rule on
of …)
_______________ which provides in part that…
54. Equally telling is the (i.e. factual finding of
13. Decisive on the matter is the pertinent
the lower court) that…
provision of the (i.e. Law on Property)
55. The gravamen of the (i.e. the crime of
14. The law prescribes certain rules on…
rebellion is an armed public uprising against
15. By legislative fiat…
the government)
56. It cannot be denied that (i.e. the petitioner QUOTING SUPREME COURT DECISIONS
is also guilty of negligence)… 1. The Supreme Court in one case, had the
57. Attention must be drawn to the fact that… occasion to rule that…
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 (i.e. official duty has
been regularly performed; that the
proceedings of a judicial tribunal are regular
and
valid and that judicial acts and duties have
been and will be duly and properly
performed. The burden of proving
irregularity in official conduct is on the part
of the
petitioners.)
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)
Note: In my personal opinion, it is not proper
to use the statements “in the case at
bench” or “in the case at bar” when
answering. Although I guess it is very
tempting
because it sounds good and professional to
state, “in the case at bar/bench”, we must
not forget that the cases given in the Bar are
only theoretical. The statements “in the
case at bench” and “in the case at bar” are
more appropriately used in pleadings in
court. After all, you can use the statements “In
the instant case, In the facts given, Inthe
problem given and In the question
presented.”
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…
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 contention does not hold water.
2. With all due respect to the judge, his
decision is apparently erroneous or is not in
accord with law and existing jurisprudence.
3. The contention is totally misplaced.
4. It is now too late in the day to raise the
issue of…
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 reliance on the (i.e. doctrine
of…) is inappropriate. The doctrine of …
does not apply in cases where / of…
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 decision is erroneous.
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.
43. The (i.e. respondent) cannot rely on (i.e.
mere alibis) to aid his cause.
37. One final point,…
38. Accordingly,…
39. Ergo
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,…