Exercise 2
Exercise 2
Exercise 2
Leachon <[email protected]>
Exercise 2
3 messages
Ralph Sarmiento <[email protected]> Tue, Jul 18, 2017 at 11:00 AM
To: Rachel Leachon <[email protected]>
For this exercise, try not to open any book, note, or website, but just answer based on your stock
knowledge. Give yourself around 5 to 7 minutes only to answer the problem and try to send your answer
within 20 minutes after opening this email.
Here is the Bar problem: “Give the exact date of effectivity of the 1987 Constitution.”
Ralph A. Sarmiento
Mobile # +63 920 9387440
FB: facebook.com/attyralph
Twitter: twitter.com/attyralph
"If you can't reduce your argument to a few crisp words and phrases,
there's something wrong with your argument."
~ M. Saatchi
Rachel Leachon <[email protected]> Mon, Jul 24, 2017 at 8:35 AM
To: Ralph Sarmiento <[email protected]>
Exercise 2:
The date of effectivity of the 1987 Constitution is on February 2, 1987. It was created by the Constitutional Commission
under the time of President Cory Aquino. It was enacted in order to overturn the previous Constitution under the Marcos
regime. It is also considered as a form of symbolism of the democracy of our country. The 1987 Constitution still holds as
the highest law of the land.
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Ralph Sarmiento <[email protected]> Thu, Jul 27, 2017 at 6:15 PM
To: Rachel Leachon <[email protected]>
You are correct that the exact date of effectivity of the 1987 Constitution was on February 2, 1987. However,
that is not the way to answer Bar exam questions! Why February 2, 1987? What is your legal basis for that
contention? Why should it take effect on the very date of the plebiscite? Wasn't there a need to wait for the
counting of votes or the official proclamation of the results of the plebiscite? These are just some of the
questions that might come into play in the mind of the examiner after reading your answer. But that is not
supposed to happen because you’re supposed to give the examiner answers, not further questions. Your
supporting discussion is irrelevant to proving why the Constitution took effect on Feb. 2, 1987.
Actually, being able to give the exact date is not the point of this simple exercise. The tendency of most Bar
takers is to take simple questions for granted and often giving them very simple answers that even high
school students can make.
If your answer is no different from that could be produced by a high school student, then you’re not worth
your salt as a graduate of the study of law. As a law graduate seeking entry into the law profession, you
must prove yourself worthy.
Exercise 2 gives you the Bar problem: “Give the exact date of effectivity of the 1987 Constitution.”
Lesson 1. This problem, which appears to be very simple may actually be a complicated one. So, you
should be careful in determining what’s expected of you in this problem.
Lesson 2. This is an essay problem so don’t treat it as if it’s just an objectivetype question asking for just a
date.
You might think that the simple answer, “February 2, 1987,” would already suffice. But if that is your answer,
then it’s really no different from an answer of a high school student. In the mind of the examiner, he might
ask, “Why? Why February 2, 1987?” So, you’re doomed if that’s your only answer and nothing else. The
worse thing that you could do in the Bar is to leave the examiner with question marks in his mind after
reading your answer.
But you might say, the problem didn’t say, “Explain,” so, why should you explain? Please note, however, that
the problem did not also say, “Don’t explain!”
Lesson 3. To explain or not to explain is not an option in the Bar. The rule is always to explain your answer
no matter what. Just because the question did not specifically require you to explain does not mean you
don’t have to explain anymore. Don’t forget, it’s the Bar exams, not a trivia quiz!
But should that simple matter really has to be explained? Can we not assume that the examiner already
knows the explanation! Well, for sure the examiner knows it, but how would he know that you know it too?
Remember, you’re the one being examined, so you have to exhibit your knowledge and understanding to
the examiner.
High school students & perhaps even grade school pupils are taught in their social studies, history or sibika
subjects that the 1987 Constitution took effect on February 2, 1987. But only law students know the reason
“why” and that’s what differentiates law students from high school students. So, highlight this difference and
show them what you’ve got and why you deserve to become a fullfledged member of the legal profession.
Lesson 4. Your answer should be responsive to the question & it must be in a complete sentence. You can’t
just write, “February 2, 1987,” as if you’re answering in a quiz bee contest.
Since the problem says, “Give the exact date of effectivity of the 1987 Constitution,” the responsive answer
in sentence form should be: “The exact date of effectivity of the 1987 Constitution is February 2, 1987.” Or,
“The 1987 Constitution took effect on February 2, 1987.”
Lesson 5. Don’t begin your answer with a pronoun as a substitute for the main subject.
Not good practice – “It took effect on February 2, 1987.”
Best practice – “The 1987 Constitution took effect on February 2, 1987.”
Lesson 6. Don’t simply cite jurisprudence without explaining it too. For example:
“The 1987 Constitution took effect on February 2, 1987, as held by the Supreme Court in De Leon
vs. Esguerra.”
Is there anything wrong with the said answer? Yes, it cites jurisprudence without explaining or saying what
that jurisprudence is about. Titles of cases are meaningless unless you give the substance of their rulings.
Worse, the 1987 Constitution did not take effect on February 2, 1987 because the Supreme Court said so in
De Leon vs. Esguerra. That’s not the real basis of why it took effect on that particular date.
Lesson 7. Explain controversial stuff.
The date of effectivity of the 1987 Constitution was a controversial thing. In fact, the decision in De Leon vs.
Esguerra was the subject of a strong dissenting opinion by Justice Abraham Sarmiento because the
practice before was that the Constitution or its amendments would take effect on the date that the results of
the plebiscite are ascertained and announced. Justice Sarmiento explained:
“It is my reading of this provision that the Constitution takes effect on the date its ratification shall
have been ascertained, and not at the time the people cast their votes to approve or reject it. For it
cannot be logically said that Constitution was ratified during such a plebiscite, when the will of the
people as of that time, had not, and could not have been, yet determined.”
Understandably so because you can’t expect people to act in accordance with a new constitution beginning
on the very date of the holding of the plebiscite because they don’t know yet the results of the voting and
there is yet no official proclamation of whether it was approved or not.
Lesson 8. Always explain and give the legal basis for your answer or any conclusion you make. Any
conclusion without basis is a mere assertion. Anybody can assert, but law students seeking admission to
the Bar should know better than that. They should be able to support any assertion they make. This is the
essence of lawyering, and you’ve got to show this ability in your answer.
So, what’s the legal basis for the effectivity of the 1987 Constitution on February 2, 1987? Is it because the
Supreme Court said so in De Leon vs. Esguerra? No, it’s not the Supreme Court that says when the
constitution should take effect.
The basis is that the 1987 Constitution itself said so. Section 27 of Article XVIII of the 1987 Constitution
states:
“This Constitution shall take effect immediately upon its ratification by a majority of the votes cast in
a plebiscite held for the purpose…”
MY SUGGESTED ANSWER:
The exact date of effectivity of the 1987 Constitution was on February 2, 1987.
The Constitution itself provides that it shall take effect upon its ratification by a majority of the votes
cast in a plebiscite held for the purpose. (Article XVIII, Section 27) This plebiscite was held on
February 2, 1987.
While the result of the plebiscite was proclaimed only on February 11, 1987, said proclamation
merely confirms the act done by the people in adopting the Constitution when they cast their votes
on the date of the plebiscite. As held in De Leon vs. Esguerra, the act of ratification is the act of
voting by the people and not the ascertainment or proclamation of the result.
Therefore, the exact date of effectivity of the 1987 Constitution is the date of its ratification by the
people during the plebiscite which was held on February 2, 1987.
FORMAT OF THE ANSWER:
Note that my suggested answer is divided into four paragraphs. This is the standard in answering Bar exam
essays. Each paragraph contains an important element of the answer.
1st Par. – the exact responsive answer to what is being asked for in the problem or question. As much as
possible, the opening paragraph should already have a concise statement of the conclusion:
The exact date of effectivity of the 1987 Constitution was on February 2, 1987.
2nd Par. – the applicable rule or legal basis of the answer or conclusion:
The Constitution itself provides that it shall take effect upon its ratification by a majority of the votes
cast in a plebiscite held for the purpose. (Article XVIII, Section 27)
3rd Par. – the explanation or application of the legal rule to the facts or problem:
This plebiscite was held on February 2, 1987. While the result was proclaimed only on February 11,
1987, said proclamation merely confirms the act done by the people in adopting the Constitution
when they cast their votes on the date of the plebiscite. As held in De Leon vs. Esguerra, the act of
ratification is the act of voting by the people and not the ascertainment or proclamation of the result.
4th Par. – the Conclusion or a reiteration of the conclusion:
Therefore, the exact date of effectivity of the 1987 Constitution is the date of its ratification by the
people during the plebiscite which was held on February 2, 1987.
As a rule, the first three paragraphs are indispensable.
The opening line is important because it is through it that you respond to what is being asked in the
question or problem.
The 2nd paragraph is likewise important because it contains the legal basis for your answer.
Obviously, the 3rd paragraph is also important because it contains the application of the law to the
problem and it showcases your skills in legal analysis and reasoning.
The 4th paragraph can sometimes be dispensed with because it is just a reiteration of your conclusion. It
may also be dispensed with when your answer is short, and there is no more need to reiterate your
conclusion. However, this is on the assumption that your conclusion is already stated in the opening
paragraph.
Ralph A. Sarmiento
Mobile # +63 920 9387440
FB: facebook.com/attyralph
Twitter: twitter.com/attyralph
"If you can't reduce your argument to a few crisp words and phrases,
there's something wrong with your argument."
~ M. Saatchi
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