HOW (I think) I TOPPED THE

BAR EXAMS
Atty. Noel Neil Q. Malimban
Legal Officer IV
Office of the General Counsel and Legal Services
Bangko Sentral ng Pilipinas
“I gave it my best shot.”
“The best time to review is
NOW.”
Things to Consider:

REVIEW TECHNIQUES
EXAM TECHNIQUES
OTHER CONSIDERATIONS
I read and followed the Syllabus. It was
my guide.
I prepared a schedule and I followed it. It
gave me a sense of control.
I chose my books and review materials
carefully. I mastered what was in my
schedule, rather than trying to spread my
review too thinly.

REVIEW TECHNIQUES
I made my own Q&A. It was effective for
me in bringing out the important issues.
The process of answering my own
questions was insightful and rewarding.
I tied the legal principles together. This
gave me a broader perspective and a
much better appreciation and
understanding of the principles involved.

REVIEW TECHNIQUES
I monitored the more recent landmark SC
Decisions and prepared a digest of each of
them. There were a number of questions
that appeared in the Bar Exams which
were derived from the principles discussed
in said Decisions.

REVIEW TECHNIQUES
Be aware of current events. There will
always be Bar Exam questions derived
from current events.
Engage in group discussion. This
reinforces your understanding of the law.

REVIEW TECHNIQUES
I took mock Bar Exams. Thus, I was able
to identify the points which I needed to
address (penmanship, presentation, flow
of ideas, etc.).

REVIEW TECHNIQUES
I reviewed in Baguio, except for about
two (2) weeks before the first Sunday.
Therefore, I felt calm and relaxed.
I tried to spot the issue and resolve it; I
tried to answer the question as directly as
possible.

EXAM TECHNIQUES
I tried to minimize erasures. (I did have
several erasures.)

I left a space after every paragraph.

I marked the mid-point of the

questionnaire to remind myself where I
was at the given time.

EXAM TECHNIQUES
I did not make a very specific citation.

I used simple words.

I answered as if I were the law-giver.

What is the concept of Remedial Law?
Distinguishbetween substantive law and
remedial law.
How are remedial laws implemented in
our system of government?
Distinguish jurisdiction from venue.
What is forum shopping?
Honey filed with the Regional Trial Court,
Taal, Batangas a complaint for specific
performance against Bernie. For lack of a
certification against forum shopping, the
judge dismissed the complaint. Honey's
lawyer filed a motion for reconsideration,
attaching thereto an amended complaint
with the certification against forum
shopping. If you were the judge, how will
you resolve the motion?
Explain each mode of certiorari:
As a mode of appeal from the Regional Trial
Court or the Court of Appeals to the Supreme
Court. (2.5%)
As a special civil action from the Regional
Trial Court or the Court of Appeals to the
Supreme Court. (2.5%)
As a mode of review of the decisions of the
National Labor Relations Commission and the
Constitutional Commissions. (2.5%)
Mark filed with the Bureau of Internal
Revenue a complaint for refund of taxes
paid, but it was not acted upon. So, he
filed a similar complaint with the Court of
Tax Appeals raffled to one of its Divisions.
Mark's complaint was dismissed. Thus, he
filed with the Court of Appeals a petition
for certiorari under Rule 65.

Does the Court of Appeals have

jurisdiction over Mark's petition?
Does the Court of Appeals have
jurisdiction to review the Decisions in
criminal and administrative cases of the
Ombudsman?
What do you mean by the "Calling-out
Power" of the President under Section 18,
Article VII of the Constitution?
The President issued Proclamation No.1018
placing the Philippines under Martial Law on
the ground that a rebellion staged by lawless
elements is endangering the public safety
.Pursuant to the Proclamation, suspected
rebels were arrested and detained and
military tribunals were set up to try them.
Robert dela Cruz, a citizen, filed with the
Supreme Court a petition questioning the
validity of Proclamation No.1018.
Does Robert have a standing to challenge
Proclamation No.1018? Explain. 2.5%
In the same suit, the Solicitor General
contends that under the Constitution, the
President as Commander-in-Chief,
determines whether the exigency has arisen
requiring the exercise of his power to declare
Martial Law and that his determination is
conclusive upon the courts. How should the
Supreme Court rule?
The Solicitor General argues that, in any
event, the determination of whether the
rebellion poses dangers to public safety
involves a question of fact and the
Supreme Court is not a trier of facts.
What should be the ruling of the Court?
State whether or not the following laws
are constitutional. Explain briefly.

a)A law prohibiting Chinese citizens from

engaging in retail trade.

b) A law changing the design of the

Philippine flag.
What is tax pyramiding? What is its basis
in law? 5%
Royal Mining is a VAT -registered domestic
mining entity. One of its products is silver
being sold to the Bangko Sentral ng Pilipinas.
It filed a claim with the BIR for tax refund on
the ground that under Section 106 of the Tax
Code, sales of precious metals to the Bangko
Sentral are considered export sales subject to
zero-rated VAT.

Is Royal Mining's claim meritorious? Explain.

Congress enacts a law imposing a 5% tax on the
gross receipts of common carriers. The law does
not define the term "gross receipts". Express
Transport, Inc., a bus company plying the Manila-
Baguio route, has time deposits with ABC Bank. In
2005, Express Transport earned P1 Million
interest, after deducting the 20% final withholding
tax from its time deposits with the bank. The BIR
wants to collect a 5% gross receipts tax on the
interest income of Express Transport without
deducting the 20% final withholding tax. Is the
BIR correct? Explain.
I avoided reviewing on the last day prior to
the exams.
I definitely felt that I have not read
enough. But I did not panic. The answer
flowed naturally once I have read the
question.
I was not concerned with rumours of exam
tips. I felt they will only make me lose
focus.

OTHER CONSIDERATIONS
Itried not to discuss the answers after an
exam. Nothing can be done about it.

I got a lot of sleep.

OTHER TIPS
 Pray

MOST IMPORTANT TIP