A GUIDE TO ANSWERING BAR EXAMINATION QUESTIONS

Prepared by Atty. Ed Vincent Albano III

Passing the bar examinations takes several things. Knowledge, prayer,

hard work and skill. Knowledge can be acquired from reading text books, review
materials and handouts. Prayer depends on your religion. Hard work is investing
your time and effort in order to achieve the best result for yourself in any
endeavor that you are into, and not just for the bar examinations.

Skill is an acquired asset, however. Skill in passing the bar exams

involves answering bar examination questions, whether objective or essay-type
questions. It requires practice over a period of time for one to acquire this skill.

Much like sport, if you practice the wrong way, then you would have
acquired nothing over the prolonged period of time you practice. Let’s say, if you
practice shooting a jump shot or a lay-up in basketball with two hands following
through instead of only one, then you would have been shooting your jump shot
or your lay-up incorrectly. Even if you practice it for 1,000 times a day, you may
shoot a few of these but you would not have acquired the skill necessary to be
able to execute your jump shot or lay-up properly when the need arises or even
during pressure situations, much like your skill of answering essay examinations
and/or objective questions.

In this short guide, I wish to inculcate in you the skill which you may need
in order to answer your essay questions.

Kinds of essay questions in the bar examinations

Questions in the bar examinations which do not involve the multiple choice
type are of three kinds:

1. Enumeration questions
2. Distinction questions (or distinguishing between two or three concepts)
3. Essay questions
4. Objective questions

Manner of answering questions

1. Enumeration questions

An enumeration question usually involves answering a question calling for

an enumeration of items. This may involve all subjects of the bar examination as
all subjects have an enumeration.
 Remember, however, that there is only one way to answer an
enumeration question. Let’s answer this bar examination question in 2008
from Remedial Law:

XXI. Give at least three instances where the Court of Appeals may
act as a trial court.

It is easy enough if the student knows the answer to the question.

However, there are several problems which a student usually encounters. One of
them may consist in the fact that a student may not have been able to memorize
for the coming bar examinations. Another one may involve the student not being
able to know the answer because, simply put, he was not able to read from the
textbook or his various sources the answer to the question.

Whether or not a student knows the answer to this question, he MUST

phrase his answer in the following manner:

The following three instances where the Court of Appeals may

act as a trial court are as follows:

1. In instances where a writ of mandamus, prohibition,

certiorari, habeas corpus or mandamus is petitioned for;
2. Whenever a question of fact needs to be resolved in the
exercise of its appellate jurisdiction;
3. In instances where a motion for new trial or for further
proceedings is petitioned for.

More often than not, even if a student knows the answer to a particular
question, he phrases his answer in the following manner:

In instances where a writ of mandamus, prohibition, certiorari,

habeas corpus or mandamus is petitioned for; 2. Whenever a
question of fact needs to be resolved in the exercise of its appellate
jurisdiction; 3. In instances where a motion for new trial or for
further proceedings is petitioned for.

NEVER frame your answers in the following manner. This gives an

impression that you do not know the answer to the question.

In case you do not know the answer to the question, it is better for you to
just guess an answer, which you should have an idea of based on your
study of law over the last 4-5 years (or more) and thereafter, frame your
answer in the manner that was given earlier.

This will remove the tendency of the examiner to be upset with your
answer because the examiner knows when you do not know the answer. Trying
to hide your answer(s) in an enumeration question by turning it into a
paragraph instead of a list will upset the examiner. A student does not
want the examiner to be upset because the examiner will not waste his time
looking for your answer.
2. Distinction questions

A question asking for you to distinguish between two concepts often pops
up in your bar examinations. This type of question has the potential to show
itself in all of the bar examination subjects.

Let’s answer this question from the 2005 bar examinations in Commercial
Law:

I. Distinguish a derivative suit from a class suit.

In order to answer a question of this nature, you have to take note of the
following: 1) In what ways are the two concepts different from one another; 2)
Do you know of at least three instances when the concepts are different from
one another? Proceeding from these questions, present your answer in the
following manner:

A derivative suit is different from a class suit in the

following ways:

1. As to the availability of this right. A derivative suit is

available whenever a stockholder sues in order to
protect the right of others in a corporation.

A class suit on the other hand is available whenever

a group of stockholders sue in order to protect their
rights as a group as a shareholder.

2. As to the source of this right. A derivative suit is not

rooted in legislation to be available in favor of a
shareholder.

A class suit is rooted in legislation to be available in

favor of the shareholder(s).

3. As to the nature of a party suing. In a derivative

suit, the suing party (shareholder) is just a nominal
party while the corporation is an indispensable
party.

In a class suit, the suing party is the indispensable

party.

Why is it important to present your answers this way? Because it is

clear. It is important to be clear on what your answer/s is/are during the bar
examination.

What if you do not know the answer? Make an educated guess! Note
that an educated guess is different from a guess which is a product purely of
imagination. In short, make sure that your guess is based on your years of study
of law.

3. Essay questions

Essay questions are intended to test three things: 1) Your knowledge of

the law; 2) Your analysis of a problem; and 3) Your manner of presentation.

Just out of curiosity, which do you think is the most important of these? I’ll
give you a second to guess……. Now, was I wrong to assume that you thought
that knowledge of the law is the most important of these three? If I were to rank
all three on hierarchy of importance, the order would be: 1) Your analysis of a
problem; 2) Your manner of presentation; and 3) Your knowledge of the law.

Let’s discuss all three.

Your analysis of the problem. When an examiner asks you an essay

question, he wants to establish a connection with you. Terms such as “same
wave length” enters his mind with each question. In much the same way that a
guy trying to win a girl over (and vice versa) gets turned off if a girl does not
have the same wave length with the guy, an examiner gets turned off with an
examinee if there is no similar wave length.

Is a wrong answer immediately equal to not being in the same wave

length as the examiner? No.

One is not in the same wave length as the examiner when, for example,
the examiner asks a question in Civil Law and you answer in Political Law as your
legal basis. If the question is about the criminal liability of the minor—which
basically means whether or not he is exempted from liability and you answer that
the elements of the crime are present.

Being wrong while being in the same wave length means answering the
question with Civil Law as the basis when the question is about Civil Law.
Answering that the instrument is negotiable when it is not because you missed
out on 1 element of negotiability. These will not upset the examiner. Not being in
the same wave length, however, will upset the examiner.

Hence, are there rules to follow for your analysis to be on point? There is
no hard and fast rule. However, I will try my best to sum it up for you:

1. Always keep in mind the subject that you are taking the bar
examinations in. Is this a simple rule? Yes. Is this easy to follow?
Supposedly. Do examinees follow it as simply and as easily? NO.
2. Avoid beauty contest answers. Motherhood statements are the
easiest escape of a lawyer when pressed for an argument. These are
not an examinee’s best friend, though. An examiner does not ask a
question so vague that your answer is “substantial justice.” He wants a
legal basis so do not give him motherhood statements.
 3. Lengthy answers. Another way to keep an examiner un-engaged.
Remember this: EVERYBODY HAS SHORT ATTENTION SPANS.
Answering lengthily only shows that you do not know what you are
talking about.
4. Short answers. Definitely upsets the examiner. Whereas the lengthy
answers will bore the examiner, short answers will upset the examiner
because he might interpret your answer as lacking of respect to both
the numerical value of the examination and the question of the
examiner himself.
5. Stupid answers. I am not going to sugarcoat it for you. I remember
one time during my law school days when a classmate of mine
answered that warrantless search and seizure during travel consisted of
a search done / performed by law enforcement officers while inside
the airplane. More than a decade and a half later and I can’t forget
that story. If you answer questions stupidly, the impression of the
examiner will never change — especially since he doesn’t know you.
6. Prayers. We all know this story. An examinee is so befuddled with the
question that in a fit of desperation, he writes a prayer to the
examiner; hoping that…

Is there a difference then between a wrong answer and a stupid

answer? Definitely. A stupid answer is not answering homicide when
the correct answer is murder (that is a wrong answer). It is answering
that parricide is when a priest is murdered (YOU DO KNOW THIS JOKE,
DON’T YOU? ☺).

Method of answering applicable to Taxation Law and Criminal Law

From my experience, answering examinations in criminal law and taxation

are seprarable from the other subjects. The reason for this is simple. In the
subject of Criminal Law, the question mostly deals with whether or not all of the
elements of the crime have been complied with. Taxation law deals with a similar
matter, whether or not the individual is taxable or not, if all the provisions of law
relating to taxability are available, then the answer is taxability, otherwise, the
individual is not taxable.

In both instances, the appearance of a grey area, most oftentimes, does

not happen.

Take for example this bar examination question from 2010 in Criminal
Law:

XV
Suspecting that her husband of twenty years was
having an affair, Leilanie hired a private
investigator to spy on him. After two weeks, the
private investigator showed Leilanie a video of
her husband having sexual intercourse with
another woman in a room of a five-star hotel.
 Based on what she saw on the video, Leilanie
accused her husband of concubinage. Will the
case of concubinage prosper? Explain. (3%)

The answer to this question for most people will be framed in the
following manner:

The case for concubinage will not prosper.

The crime of concubinage is committed through

any of the following means:

1. A husband keeps a mistress in the conjugal

dwelling or
2. shall have sexual intercourse under
scandalous circumstances with a woman not
his wife; or
3. Cohabit with the woman in any other place.

In this case, because her husband did not have

sexual intercourse in a scandalous circumstance with a
woman not his wife, then the husband shall not be
liable for concubinage.

This manner of answering a question is good enough if someone has a

really good memory and is able to remember the elements to all crimes
punishable under the Revised Penal Code.

This has two inherent difficulties, however, especially particular to Criminal

Law.

The first problem that is to be asked is what will happen then if an

examinee does not have the memorizing power to be able to remember
elements of all crimes punishable under the Revised Penal Code? Disaster will
almost certainly ensue because the fact is, if you answer your bar examinations
in Criminal Law in the aforementioned manner, then it is incumbent upon you to
state all elements / ways of committing the crime because you have forced your
hand to do so. We all know how it is when depending on memorization. It is like
a chain where no matter how far the connection has gone, if one connection is
unstable, the interconnection of all chains will be broken!

The second problem arises in all Criminal law exams is that involving
complex crimes and the effect of: whenever the question calls for the answer to
the question of how many crimes / who are liable for what crimes are asked in
one big problem. Let’s use this question in the 2006 bar examinations for that
matter:

Dang was a beauty queen in a university.

Job, a rich classmate, was so enamored with her
that he persistently wooed and pursued her.
 Dang, being in love with another man, rejected
him. This angered Job. Sometime in September
2003, while Dang and her sister Lyn were on
their way home, Job and his minor friend Nonoy
grabbed them and pushed them inside a white
van. They brought them in an abandoned
warehouse where they forced them to dance
naked. Thereafter, they brought them to a hill in
a nearby barangay where they took turns raping
them. After satisfying their lust, Job ordered
Nonoy to push Dang down a ravine, resulting in
her death. Lyn ran away but Job and Nonoy
chased her and pushed her inside the van. Then
the duo drove away. Lyn was never seen again.

1. What crime or crimes were committed by

Job and Nonoy? 2.5%

Imagine this case which involves one of kidnapping, rape, murder and
even the use of a minor. If you were to answer this problem like you would have
the first illustration before, you would end up using at least 2 pages just for the
purpose of enumerating one by one all of the elements to this crime not to
mention the fact that you also have to state the way these crimes are complexed
with one another.

For this purpose, let us first go back and answer to the question on
concubinage. I suggest that in answering questions in Criminal law, the following
method be utilized:

a. The case for concubinage will not prosper.

Under the provisions of the Revised Penal Code, a case for

concubinage will prosper if a husband shall have sexual intercourse
under scandalous circumstances with a woman not his wife.

In this case, eventhough the husband had sexual intercourse

with a woman not his wife, it has to be remembered that the acts of
sexual intercourse were not committed under scandalous
circumstances.

Henceforth, the crime of concubinage was not committed.

Note the distinction with the earlier method of answering the question. It
called to fore only the particular kind of committing a crime as compared with
the style whereby the examinee enumerates all of the elements as well as the
ways of committing a crime.
 This approach is easier to read and gives the examinee less of a pressure
to remember all of the elements of the crime because in this method, the
examinee only points out the particular provision or element involved.

Anent the complex crime question, how would the answer be presented?
The method of answering is lifted from my examination booklet:

1. Job should be charged with forcible abduction with an

additional count of rape with homicide for each such act committed
by them, aggravated by the use of a minor as to Job while Nonoy
should not be held liable for the commission of the crime.

It can be seen from the facts of the case that the two had
only intended to abduct them with lewd designs at first. For such a
case, the rape with homicide cannot be absorbed by reason of the
varying intent. Hence, the rape with homicide is appreciated as a
separate crime from forcible abduction.

Noynoy on the other hand cannot be charged with the crime

because he is a minor and under the provisions of the law, he
cannot be held liable.

Notice how I discussed the same in a seamless manner and without

needing to enumerate all of the elements? In these instances, it is time-saving
for the answer to be presented in the foregoing manner, let alone, not putting
pressure on the examinee to enumerate all the elements to the crime.

The parts of the answer in such a case are as follows:

1. Conclusion
2. Legal basis
3. Application to the facts

These are three parts which should be presented in separate paragraphs.

The purpose of the same is neatness. Should you fear that separating one part
of the answer by a paragraph will produce a long answer? The answer is NO.
The reason is the fact that the neatness is a plus factor as well as the
organization of one’s thoughts.

If the wrong method of answering a question was applied, how would the
answer be framed then? Probably in this manner:

Job and Nonoy should be charged with forcible

abduction with an additional count of rape with
homicide.

Under the provisions of the Revised Penal Code,

forcible abduction has the following elements:
 (1) that the person abducted is any woman,
regardless of age, civil status, or reputation;
(2) that the abduction is against her will; and
(3) that the abduction is with lewd designs.

For rape to be committed, the following elements

must be present:

(1) that the offender is a man;

(2) that the offender had carnal knowledge of a
woman; and
(3) that such act is accomplished by using force
or intimidation.

For rape to be complexed with homicide, it is

required that the elements of rape and homicide are
proven.

In this case, because the forcible abduction was

not proven to have been committed with lewd designs,
the charge for the crime of forcible abduction must be
made separate from the charge for the crime of rape
with homicide. Henceforth, the accused Job and Nonoy
in this case should be charged with two informations for
forcible abduction and rape with homicide.

This is a very long answer, one which an individual does not have the
luxury of writing for a four-hour exam.

Henceforth, the method of answering an examination I suggest on criminal

law should be utilized.

As I mentioned, this method of answering is applicable also to questions

involving taxation law. Applying this method of answering to taxation law
questions, let us refer to this bar examination question:
XIV
Spouses Jose San Pedro and Clara San Pedro, both Filipino
citizens, are the owners of a residential house and lot in
Quezon City. After the recent wedding of their son, Mario, to
Maria, the spouses donated said real property to them. At
the time of donation, the real property has a fair market
value of P2 million.
a. Are Mario and Maria subject to income tax on the
value of the real property donated to them? Explain.
(4%)
b. Are Jose and Clara subject to donor's tax? If so, how
much is the taxable gift of each spouse and what rate
shall be applied to the gift? Explain. (4%)
 The answer to this question is straightforward in that the question is
whether or not they are subject to tax on their income. Applying the
aforementioned method of answering questions of this nature (as applicable to
Criminal law and Taxation law), the answer should be presented in the following
manner:

a. Mario and Maria are not subject to income

tax on the value of the real property donated to them.

Under the provisions of the National Internal

Revenue Code, a donation of property shall be subject
to the donor’s tax and not to income taxes because the
value of property acquired by gift, bequest, devise or
descent is excluded in the computation of gross income
save for the income derived therefrom.

In this case, since there has been no income

derived from the house and lot donated to the spouses,
there is no need to include the same in the computation
of the gross income of the spouses.

b. Jose and Clara shall be subject to donor’s tax.

Under the provisions of the National Internal

Revenue Code, a donor’s tax shall be assessed upon the
transfer of property by gift.

In this case, since there was a transfer of

property between spouses Jose and Clara San Pedro to
Mario and Maria without any sale but rather, by gift,
there should be assessed a donor’s tax at the rate of
Php500,000.00 for each spouse at the rate of 4%.

Taxation laws are very much like Criminal laws in that there is more often
than not, no grey area concerning them. Simply put, for an individual to be
taxable, he must come within the provisions of the law. Otherwise, there is no
tax liability.

Henceforth, the manner of answering in both Criminal Laws and Taxation

Laws are similar.

Method of answering applicable to all other subjects

Finally, the method of answering applicable to all other subjects shall be

discussed.

The difference of this method with the earlier discussion is the existence of
grey areas. By grey areas is meant exceptions to general rules which have been
established. When questions are answerable by general rules, it is much like
answering a question on Criminal Law and Taxation Law in that you can answer
it straightforward, and oftentimes, with merely a statement of the law involved.

In order to best illustrate this fact, the existence of the general rule is
discussed in answering this bar examination question in Commercial law in 2008:

Pancho drew a check to Bong and Gerard jointly.

Bong indorsed the check and also forged
Gerard’s endorsement. The payor bank paid the
check and charged Pancho’s account for the
amount of the check. Gerard received nothing
from the payment.

Pancho asked the payor bank to recredit his

account. Should the bank comply? Explain fully.
(3%)

This question calls for an application of the general rule / straight provision
of law because the question only deals with an application of the provisions of
the Negotiable Instruments Law. In this case, the answer should be as follows:

The bank should not recredit his account.

Under the provisions of the Negotiable

Instruments Law, when a signature is forged or made
without the authority of the person whose signature it
purports to be, it is wholly inoperative, and no right to
retain the instrument can be acquired through or under
such signature, unless the party against whom it is
sought to enforce such right is precluded from setting
up the forgery or want of authority.
In this case, although the signature is wholly
inoperative as against Gerard, the fact is, Pancho is
precluded from setting up the forgery or want of
authority because he was the one responsible for the
forgery which took place.
As ruled upon in jurisprudence decided by the
Supreme Court, responsibility for forgery falls on the
one who is responsible for the same and in this case, it
was not the bank who was responsible for the forgery,
but rather, it was Pancho.

The general rule in this case is shown in application, with an additional

discussion on jurisprudence ruled upon. Note how it is a short and simple 4 part
answer which is easy on the eyes to read. What should be noted is the format of
the answers in problems of this nature:

1. The conclusion should come first.

 2. Statement of the provisions of law should be next.
3. Application of the facts to the case.
4. Conclusion affirming the earlier conclusion (note that this may be
included in part 3)

The presentation of answers should always be made in this manner.

Aside from the reasons cited earlier, the reason for the same is brought about by
the fact that answers crafted in this manner are straightforward and
demonstrates the examinee’s knowledge of the law as well as his analytical
capabilities.

Let us cite another example this time from Labor Law:

A, a worker at ABC Company, was on leave with

pay on March 31, 2010. He reported for work on
April 1 and 2, Maundy Thursday and Good Friday,
respectively, both regular holidays. Is A entitled
to holiday pay for the two successive holidays?
Explain. (3%)

Applying the aforementioned method of answering the question, the

answer should be as follows:

A is entitled to holiday pay for the two successive

holidays.

Under the provisions of the Labor Code, when an

employee absents himself with pay on the day
preceding a regular holiday pay, he may not be paid for
such holiday unless he reports for work on the holiday.

In this case, since A reported for work on the

holiday after having been on leave with pay, he is
entitled to holiday pay.

Note how it is possible to merge parts 3 and 4 of the format which I

suggested. If you, as the examinee, feel that merging 3 and 4 would have the
same effect, then do so. How one should answer should be on a case-to-case
basis.

Now we come to the final part of our discussion which is answering a

question which has a grey area, or an exception to the general rule.

When answering a question which calls for the application of an exception

to the general rule, always keep in mind the following: when an examiner
crafts a question calling for the application of the exception to the
general rule, he knows what he is asking and what the exception to the
general rule is! He looks for a twist in the facts or problem so that you may
have a hard time seeing the difference from our previous kind of problem. Let us
look at the following question from the Civil Law exams in 2008:
 IV

Harry married Wilma, a very wealthy woman.

Barely five (5) years into the marriage, Wilma fell
in love with Joseph. Thus, Wilma went to a small
country in Europe, became a naturalized citizen
of that country, divorced Harry, and married
Joseph. A year thereafter, Wilma and Joseph
returned and established permanent residence in
the Philippines.

Is the divorce obtained by Wilma from Harry

recognized in the Philippines? Explain your
answer. (3%)

In this kind of question, the examiner is leading you to the fact that, as a
general rule, marriages in the Philippines between Filipino citizens are not
allowed to be subject of the decree of divorce.

In this case, the answer would be that the divorce obtained by Wilma is
recognized in the Philippines. The answer may be presented in either of the
following ways:

(1)

The divorce obtained by Wilma from Harry may

be recognized in the Philippines.

Under the provisions of the Family Code, when

one of the Filipino citizens becomes a citizen of a
foreign country, the marriage thereafter becomes one
which is mixed. When a marriage is mixed and the
foreigner obtains a decree of divorce, the divorce
decree may be recognized in the Philippines.

In this case, since the marriage between Wilma

and Harry was originally a marriage between Filipino
citizens which thereafter became mixed, the effect of
the same is that a divorce decree obtained by the
foreigner will be recognized.

Henceforth, in this case, the marriage between

Wilma and Harry may be recognized.

- or -

(2)
 The divorce obtained by Wilma from Harry may
be recognized in the Philippines .

Under the provisions of the Family Code, a

divorce decree is not recognized in the Philippines in
instances of marriage between Filipino citizens.

However, under the same law, when one of the

Filipino citizens becomes a citizen of a foreign country,
the marriage thereafter becomes one which is mixed.
When a marriage is mixed and the foreigner obtains a
decree of divorce, the divorce decree may be
recognized in the Philippines.

In this case, since the marriage between Wilma

and Harry was originally a marriage between Filipino
citizens which thereafter became mixed, the effect of
the same is that a divorce decree obtained by the
foreigner will be recognized.

Henceforth, in this case, the marriage between

Wilma and Harry may be recognized.

Let us first remember that in answering questions which call for an

application of the exception to the rule, the same format is followed: i.e.,
conclusion, statement of the law, application, conclusion.

What is the distinction then between answer number 1 and number 2? It

lies in the fact that the statement of the general rule is made in number 2. Both
answers are correct but what makes answer number 2 better in my opinion is
the fact that the same goes into the mind of the examiner.

How so? As I mentioned, when an examiner crafts a question calling for

the application of these exceptions, he tries to craft the question in such a way
that you, the examinee, will think that it is merely a question applying the
general rules. If you answer in such a way that you mention to the examiner that
this is the general rule while this is the exception, what is the effect? The effects
are: 1) A more free-flowing answer to the question; 2) An impressed examiner
because in his opinion, you are a learn-ed person in the field of law.

Note, however, that in instances like these, if you do not know the general
rule, proceed to answer as stated in number 1. Otherwise, you’d be someone
who is boastful and yet foolish.

Let’s answer another example:

Crack agents of the Manila Police Anti-Narcotics

Unit were on surveillance of a cemetery where
the sale and use of prohibited drugs were
 rumored to be rampant. The team saw a man
with reddish and glassy eyes walking unsteadily
towards them, but he immediately veered away
upon seeing the policemen. The team
approached the man, introduced themselves as
peace officers, then asked what he had in his
clenched fist. Because the man refused to
answer, a policeman pried the fist open and saw
a plastic sachet filled with crystalline substance.
The team then took the man into custody and
submitted the contents of the sachet to forensic
examination. The crystalline substance in the
sachet turned out to be shabu. The man was
accordingly charged.

During trial, the accused:

- Challenged the validity of his arrest;

Decide with reasons.

I would answer this question in the following manner:

The arrest of the accused is valid.

As a rule, an arrest obtained without a valid

warrant of arrest is not valid.

However, as established in jurisprudence decided

by the Supreme Court, when an arrest is made through
a stop-and-frisk, the arrest is valid.

In this case, since the arrest was made through a

stop-and-frisk, the policemen can arrest the accused
even without a valid warrant of arrest.

Let us compare it once again:

The arrest of the accused is valid.

As established in jurisprudence, when an arrest is

made through a stop-and-frisk, the arrest is valid.

In this case, since the arrest was made through a

stop-and-frisk as the policemen believed that they had
valid reasons to believe that an accused has committed
a crime, an arrest can be made even without a valid
warrant of arrest.
 In the end, it is you who will decide how to present your answer. As they
say, you make your own bed.

Final words

The items contained herein are merely suggestions which are aimed at
enhancing the student’s chances to hurdle the bar examinations. I personally
utilized these methods and it proved successful not just to me but also to all
other persons who have requested help on this topic.

I have some reminders which I wish to impart with you:

Once you get your booklet and questionnaire, what is the first thing you
should do? I’ll give you a few seconds to think of an answer. Do you have it
already? Okay. My advice to you is to BUDGET YOUR TIME. How do you
budget your time? It’s simple. Once you get your questionnaire, do the following:

1. Scan the questionnaire and take note of the number of questions (not
just the big numbers, but also the letters).
2. Divide the number of questions by the number of minutes, so let’s say:
4 hours multiplied by 60 equals 240 minutes. So use the 240 minutes to
divide the number of questions equals that is the number of minutes
you have per subject.

How can you further budget your time: while scanning the questionnaire,
you should try to estimate if you can answer the question. After scanning (and
determining your ability to answer the question), immediately answer the
questions you can – skipping on questions you do not know the answer to.

As a result, you would be able to save up more time for the questions you
do not know the answer to. Just make sure that when you skip a number, always
use one page of your booklet. This goes with letters also. So let’s say, the
question you need to skip consists of number 1 with letters a, b, c. You will need
to skip 3 pages then.

Unless you are 100 percent sure. DO NOT CITE AN EXACT NUMBER
OR PROVISION OF LAW; OR EXACT TITLE OF CASES. We have always
been taught since our law school days to not cite exact numbers or provisions of
law. Why is this so? Because you might commit a mistake (which is highly likely
considering the pressure of the situation as errors are of the highest likelihood
during pressure situations). Since I am a basketball player – recreational only
mind you, let us illustrate using a basketball analogy. Let’s say for example you
are practicing a lay-up in the gym alone. You probably would make it 99 times
out of 100 right? Well, that is how it is when you are answering a mock bar
examination. Now say you need to make a lay-up with a 6 footer jumping
straight up in front of you while a 5-8 guard tries to strip you of ball possession.
Some players would still make a layup right? But most would not. That is you
during the bar examinations; the layup is the exact number or title of the case.
 Number 2, your examiner / corrector might just find you boastful for it.
Imagine you are a lawyer of 30 years, what have you seen in your life? Probably
all things you need to see as a lawyer. A humble lawyer, a lawyer wet behind the
ears, and a lawyer who is boastful. Which lawyer would you probably not like to
see? I’m guessing the boastful lawyer. Now imagine you are tasked to correct 5-
6,000 booklets of examinees trying to become lawyers. What impression would
someone who cites provisions of law, and not even verbatim, give out to you?
Probably that of the lawyer you least want to see. So please, try to take me up
on my suggestion.

Since we are here on the subject of exact number or provision of law,

follow my line of thinking and also remember to NOT CITE A TITLE TO A CASE
UNLESS YOU KNOW THE G.R. NO. OR THE SCRA NUMBER!!! Same
reasons above-cited apply.

Finally, sleep sleep sleep. It is your most important tool to guard against
mental block and anxiety. When an individual has the full complement of eight
hours or even six hours of sleep, one can think clearly. Sharing from personal
experience: during my first, second and fourth Sundays, I was able to sleep for a
good 7-8 hours. I slept from 830pm to 4am. You can imagine the effects on me
of a good night’s sleep. Oh, did I mention that I had trouble sleeping on the third
Sunday? I can admit to myself that it was nerves that got to me, knowing that
Criminal Law and Commercial Law were my weakest subjects. What did I do? I
drank every possible item I could drink (beer, red wine, antihistamine). I was
able to sleep for about 5 hours. What was the effect? The third Sunday produced
my highest ratings for the bar.

Go figure. ☺