How To Answer Short Essays
How To Answer Short Essays
How To Answer Short Essays
View of some Filipino law students: Forms and grammar are hardly
important. It is substance that really matters.
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
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7. While reading a question or case problem, analyze and start formulating your
answers. If you do this, it 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.
8. Be concise and responsive (brief but complete) 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 write, less mistakes."
9. 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 sub-questions be presented on
separate pages, unless your answer is very 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 of the page.
10. Begin answering on the page indicated.
11. When necessary (and if allowed), seek clarifications from the proctor watcher,
never from your seatmates.
12. Answer neatly and legibly. Observe margins (do not far margins). Erase with
one horizontal line no matter how long the word, sentence or paragraph is. Do not
obliterate or cross them out.
13. Do not tear or fold any page.
14. 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 your writings for
emphasis.
15. Maintain constantly a one-inch imaginary straight margin line in the left and
right sides of your page. Be sure the size of your letters can be easily read. Write
for your examiner, not for yourself.
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16. Leave a space between the paragraphs of your answer for better
presentation.
17. Be careful with your numberings. Tick every question on 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. A good advice, however, is that you
can skip first few batch of questions if you are not sure of your answers until you
came across a sure answer to build up your confidence. A caveat, on the other
hand, is that you have to start within the first three questions. Otherwise, it would
be very difficult to estimate the pages of the notebook that you need to skip.
18. 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.
19. After finishing with the last question, review all your answers again. Check if
you have covered all questions.
20. Check if you have completely complied with all the instructions and
requirements before submitting your notebook and before leaving the examination
room.
NOTE: Months or Years before the examination days, be sure you have practiced
everyday how to answer various types of law/bar questions in your practice
notebooks. Practice makes perfect and is a confidence booster, just like an
excellent basketball player.
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TIPS ON
HOW TO ANSWER DIFFERENT
TYPES OF ESSAY QUESTIONS
I. ENUMERATION
Question:
Answer:
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Question:
What are the limitations upon the power of Congress to enact penal
laws?
The limitations upon the power of Congress to enact penal laws are the following:
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1. No ex post facto law or bill of attainder shall be enacted (Sec. 22, Art..
III, 1987 Constitution); and
2. No person shall be held to answer for a criminal offense without due
process of law (Sec. 14(1), Art, III, 1987 Constitution).
I -A
The limitations upon the power of Congress to enact penal laws are the
following:
(Format 3 - when one is not sure of the total number of items, or could
not give all that are required)
I-B
The limitations upon the power of Congress to enact penal laws are
the following: no ex post facto law or bill of attainder shall be enacted and no
person shall be held to answer for a criminal offense without due process of law.
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II. DISTINCTIONS
TIP: Always introduce your distinctions. Use appropriate punctuation marks and
conjunctions [ : ; , and or ] . Be careful with FORMER & LATTER.
Answer:
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II
Justifying circumstances may be distinguished from exempting
circumstances as follows:
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crime committed but there is no criminal because the law excuses the
offender from liability therefor; and
2. 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
of the fact that a has been committed.
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Period of Filing: Petition for Certiorari is filed within 6o days from receipt of
the final order or resolution being assailed, while Appeal by certiorari is filed within
15 days from receipt of final order or resolution being appealed from.
This means that there is only sure answer without any qualification because all the
facts are stated and they all fall squarely to the applicable law.
1. Start with the topic or thesis paragraph stating your categorical answer to the
question, i.e., Yes/No, completed by the issue in question.
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4. The fourth paragraph may be your Conclusion. (optional or this may form part
of the third paragraph)
NOTE:
If the instruction is to give only a one-sentence answer, you can still apply the
TRAC format within that one sentence.
Question:
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Answer:
(Question No. Ill, 1998 Bar Examination in Labor and Social Legislation)
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(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 question.)
No. The employer cannot classify the lady worker as a handicapped worker
in the case at bar.
In the case at bar, the deficiency of the lady worker is unrelated to or does
not impair her ability in the performance of her assigned job.
(The fourth paragraph may be your conclusion. (optional or this may form part of the third
paragraph).
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III
No. The employer cannot classify the lady worker as a handicapped
worker in the case at bar.
III-A
No, the employer cannot classify the lady worker as a handicapped
worker in the case at bar.
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III-B
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III-C
III-D
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QUESTION:
The American Consul accredited to the Philippines while driving his car
recklessly and imprudently along Roxas Boulevard bumped a pedestrian
who was crossing the street and the latter died as a consequence of his
injuries. Prosecuted in court for the crime of homicide thru reckless
imprudence, the Consul claimed diplomatic immunity alleging that he is
not subject to Philippine laws and regulations. Is his defense tenable?
Why?
IV
Under the international law, those who enjoy the diplomatic immunity
are the sovereigns or heads of states, ambassadors, ministers plenipotentiary
and ministers resident. Consuls , like the American consul in this case, are not
included in this group.
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IV-A
No, the American consuls defense of diplomatic immunity is not tenable.
Under the international law, those who enjoy the diplomatic immunity
are the sovereigns or heads of states, ambassadors, ministers plenipotentiary
and ministers resident. Consuls , like the American consul in this case, are not
included in this group.
IV-B
Under the international law, those who enjoy the diplomatic immunity
are the sovereigns or heads of states, ambassadors, ministers plenipotentiary
and ministers resident. Consuls , like the American consul in this case, are not
included in this group.
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Format 4 -- One Sentence TRAC format , and if one is sure, with specific
SC decision cited within the answer)
IV-C
No, the American consuls defense of diplomatic immunity is not tenable
because, under the international law and as ruled by the Supreme Court in the
case of Schneckenburger vs. Moran, 63 Phil. 250, those who enjoy diplomatic
immunity are only the sovereigns or heads of states, ambassadors, ministers
plenipotentiary and ministers resident, but not the consuls.
Format 5 -- One Sentence TRAC format, and if one is sure, with specific
SC decision cited at the end of the answer)
IV-D
No, the American consuls defense of diplomatic immunity is not tenable
because, under the international law , those who enjoy diplomatic immunity
are only the sovereigns or heads of states, ambassadors, ministers
plenipotentiary and ministers resident, but not the consuls (Schneckenburger vs.
Moran, 63 Phil. 250).
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IV-E
No, the American consuls defense of diplomatic immunity is not tenable
because, under international law, those who enjoy diplomatic immunity are
only the sovereigns or heads of states, ambassadors, ministers plenipotentiary
and ministers resident, but not the consuls.
VI-F
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This question calls for a qualified YES or NO answer. A little twist or change of
fact, if so stated, would have called for a definite answer; however, the facts of
the problem lack that essential detail or details that could have called for only one
definite answer. For this reason, it is better for the examinee to give a qualified
answer. An + / -- statement with IF, HOWEVER IF format is suggested, if
appropriate. In some instances, the use of PROVIDED after the + / -- statement,
or introducing the answer with IT DEPENDS helps. A Yes /No with qualification
format is also suggested.
QUESTION
A, a convicted prisoner, learns that he is already overstaying in jail
because his jail guard who happens to be law student advised him that
there is no more legal ground for his continued imprisonment, and the jail
guard told him that he can go. Is there a crime committed?
[Analysis: In this case, who is/are the target of having committed a crime, the
prisoner, the guard or both? And what crime or crimes? Has the prisoner already
escaped as advised by the guard? Obviously these are not clearly given in the
problem, hence, the need of a qualified answer.]
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V-A
It depends.
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indeed exceeded the period of his sentence, without going through a legal
process, either administratively or judicially.
V-B
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QUESTION:
May a married woman engage in commerce without the consent of her
husband?
VI
Yes, a married woman may engage in commerce provided she has all
the qualifications, even without the consent of her husband because Art. 73
of the Family Code expressly provides that either spouse may exercise any
legitimate profession, occupation, business or activity without the consent of the
other.
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VI-A
Yes, a married woman may engage in commerce provided she has all the
qualifications, even without the consent of her husband. Under Art. 73 of the
Family Code, "Either spouse may exercise any legitimate profession,
occupation, business or activity without the consent of the other.
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IV-C
It depends.
VII
Yes, the husband may object that his wife engage in business provided he
has valid, serious and moral grounds.
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spouse who has not obtained consent; but the rights of the creditor who
acted in good faith shall not be prejudiced.
VII-A
The husband may object that his wife engage in business provided he has
valid, serious and moral grounds.
VII-B
It depends.
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Under the Family Code, the husband may validly object that his wife
engage in business provided he has valid, serious and moral grounds. In the
absence of any such ground, the husband s objection will not have any legal effect
to bar his wifes commercial engagement.
QUESTION:
A building is owned by Y. He stores some machineries inside the building.
He has used the building as a collateral to a loan and is covered by a
chattel mortgage. The machineries are likewise mortgaged and covered
by a chattel mortgage, which is duly registered. Y sells the land and the
building and machineries therein to Z, the latter not knowing the chattel
mortgages.
(a) Is Z bound by the chattel mortgage on the building?
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VIII
In some cases decided by the Supreme Court, it has been held that the
contract of chattel mortgage, applying the principle of estoppel, is binding.
However, this rule can be applied only to a situation or controversy involving the
contracting parties only. It cannot be applied to Z, who is a third person, as far as
the chattel mortgage is concerned.
VIII-A
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Although in some cases decided by the Supreme Court it has been held that
the contract of chattel mortgage, applying the principle of estoppel, is binding,
this rule , however, can be applied only to a situation or controversy involving the
contracting parties only. It cannot be applied to Z, who is a third person, as far as
the chattel mortgage contract is concerned.
VIII-B
The chattel mortgage on the building is not binding on Z. As far as Z is
concerned, the contract of chattel mortgage is void from the very beginning. The
reason is obvious. Under the Chattel Mortgage Law, only chattels or personalty
may be the object of a contract of chattel mortgage. A building is certainly not a
chattel or personalty. It is a realty by incorporation; hence, it cannot be the
proper object of a chattel mortgage.
Although in some cases decided by the Supreme Court it has been held
that the contract of chattel mortgage, applying the principle of estoppel, is
binding, this rule , however, can be applied only to a situation or controversy
involving the contracting parties only. It cannot be applied to Z, who is a third
person, as far as the chattel mortgage contract is concerned.
ANOTHER EXAMPLE:
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Suggested answer
(Format 1 -- using Yes or No / Qualification format):
IX
Yes, the chattel mortgage on the machineries is binding on Z. The contract
of chattel mortgage is certainly valid and binding not only as far as the contracting
parties are concerned but even as far as third persons are concerned, more so if
the chattel mortgage is registered with the proper government office.
True, under the Civil Code machineries are classified as real property , but
this is so only when they are intended by the owner of the tenement for an
industry or works which may be carried on in a building or on a piece of land, and
which tend directly to meet the needs of said industry or works. Here, the
machineries are merely stored by Y in his building. Therefore, they are
still classified as chattel or personalty for the purpose of the Chattel Mortgage Law.
Suggested answer
(Format 2 -- using Affirmative/Negative statement in lieu of Yes/No ,
with Qualification format):
IX-A
The chattel mortgage on the machineries is binding on Z. The contract of
chattel mortgage is certainly valid and binding not only as far as the contracting
parties are concerned but even as far as third persons are concerned, more so if
the chattel mortgage is registered with the proper government office.
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True, under the Civil Code machineries are classified as real property ,
but this is so only when they are intended by the owner of the tenement for an
industry or works which may be carried on in a building or on a piece of land, and
which tend directly to meet the needs of said industry or works. Here, the
machineries are merely stored by Y in his building. Therefore, they are
still classified as chattel or personalty for the purpose of the Chattel Mortgage Law.
Suggested answer
X
It depends.
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even if they have no knowledge about it if the chattel mortgage is registered with
the proper government office.
True, under the Civil Code machineries are classified as real property but
only when they are intended by the owner of the tenement for an industry or
works which may be carried on in a building or on a piece of land, and which tend
directly to meet the needs of said industry or works. Here, the machineries are
merely stored by Y in his building. Therefore, these are still classified as
chattels or personalty for the purpose of the Chattel Mortgage Law.
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This kind of question is actually answerable by YES or NO, but there is a need to
present both sides in case there are conflicting theories, opinions or schools of
thought on the subject by some legal authorities, which by themselves may
appear to be correct.
1. The first paragraph contains the statement that there are different views
applicable to the case.
2. The second paragraph will present the first view.
3. The third paragraph will present the other view, usually that which is most
accepted or that with which you concur.
4. The fourth paragraph will indicate to which view you subscribe. (Note: This
may form part of the third paragraph.)
QUESTION
Manny killed his wife under exceptional circumstances 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. Later, however,
Manny went to Dagupan City to visit his friends and his property. Did
Manny commit any crime?
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1. The first paragraph contains the statement that there are different views,
applicable to the case.
e.g., There have been different views as regards the imposition of the
penalty of destierro upon the offender who killed his spouse under
exceptional circumstances.
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 of the convicted offender against
possible retaliatory acts of the relatives of his victim. In this case,
therefore, Manny cannot be said to have committed a crime.
3. The third paragraph will present the other view, usually that which is most
accepted or that with which you concur.
e.g., On the other hand, where it would be considered that the
destierro imposed is a penalty, which is clearly provided in the law
without any qualification, Manny committed the crime of evasion of
service of sentence since he entered within the prescribed area of his
banishment.
4. The fourth paragraph will indicate to which view you subscribe. (this may
form part of the third paragraph)
e.g., I subscribe to the second view.
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XI
There have been different views as regards the imposition of the
penalty of destierro upon the offender who killed his spouse under exceptional
circumstances.
On one hand, 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 of the convicted offender against
possible retaliatory acts of the relatives of his victim. In this case, therefore,
Manny cannot be said to have committed a crime.
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ALTERNATIVE ANSWER
(Format 2 Yes/No with brief mention of the other view or theory)
XI-A
Despite the contrary view by some legal theorists, under the Revised Penal
Code of the Philippines, destierro is a kind of penalty, which is expressly provided
in the law without any qualification.
In this case, Manny entered the place from which he was banished by
the court without any clearance or authority from the same court. He is,
therefore, liable for the crime of evasion of service of sentence .
ALTERNATIVE ANSWER
(Format 3 Without Yes/No but only the Affirmative or Negative
statement, with brief mention of the other view or theory)
XI-B
Manny committed the crime of evasion of service of sentence.
Despite the contrary view by some legal theorists, under the Revised
Penal Code of the Philippines, destierro is a kind of penalty, which is expressly
provided in the law without any qualification.
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In this case, Manny entered the place from which he was banished by
the court without any clearance or authority from the same court. He is,
therefore, liable for the crime of evasion of service of sentence .
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WORKSHOP
Exercises in:
1. Answering questions
2. Analyzing questions
3. Critiquing answers
X is a general partner of XYZ Co. T is a creditor to both X and XYC Co. in the
amount of P100,000 and upon demand by X, T paid him the sum of P100,000.
Upon learning of this development, partners Y and Z demanded from X that the
entire sum of P100,000 paid by T be remitted to the partnership. X refused,
reasoning that the entire amount should go to him as payment of Ts debt to him
(X) since he was the one who demanded for and collected the payment. Is Xs
contention correct? Why?
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