ChanRobles Internet Bar Review : ChanRobles Professional Review, Inc.

5/13/2011

The Bar Requires

Passion, not
Obsession.
If you get attached, youre bound to screw it up.
Surviving the Bar

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A Refreshing Take on the Bar Examinations
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No Matter What
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Happens, You Will

Live to Tell the Tale.
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Nothing matters in 5,000 years.

Thoughts on the Bar

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Be Detached, But FAQ

Not Disinterested. & Some
Its important. But so is Global Warming.
Unsolicited
Advice

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Question No. 1 Question No. 4

How many readings are ENOUGH? Is it ADVISABLE to read NEW books?
Answer:
Answer:

It is not the NUMBER of readings that is important but the

Unless you are bored, NO.
QUALITY.
STICK WITH THE FAMILIAR.

Question to Ask:

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REASON:
Can I comfortably say that I learned the subject matter?
You might end up with a self-induced panic.
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Question
uestion No.
N 2
Question No. 5
Is there really
eally a need to memorize
Attending Lectures vs. Private Reading
ANYTHING
NYTHIN AT ALL?
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Answer:
Answer:
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IF YOU DONT UNDERSTAND IT Yes. It Depends.

If you already know the BASICS and would uld like to get updated with
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ATTEND LECTURES.
current jurisprudence and principles ATTEN
WN
If you understand BUT CANNOT EXPRESS IT IN YOUR OWN
WORDS Yes. and are panicky TRY
he BASICS an
If you dont have a grasp of the
PRIVATE E READ
READING.

No.
If you understand and CAN PARAPHRASE ys attend the Pre-Week Lectures.
You can always
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Question No. 3
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Is there a need to memorize Numbers of

Articles Names of Cases?
Answer:
NOT REALLY.
Create a REALISTIC
ISTIC
Although, it would be very impressive if you can cite the specific Schedule.
provision and landmark jurisprudence. The Bar Review is not the time for
fo new
resolutions. Have a schedule yo
you can stick
with.
COMFORTING THOUGHT:

You can try memorizing ONLY the more popular ones.

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Practice waking up
Be Inquisitive. Seek early.
to Know and Apply.
Visualize the many different problems that may Nocturnal creatures must learn to adapt to
arise from a particular provision of law. daylight.
ANTICIPATE.

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Avoid Things
ings That
Th
es
You
Mess Up Your
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Psyche.
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It wont matter what anyone else does (or say

they do). You dont owe anyone an
explanation.
Change
Chan of Plans.
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The Monthh of August

Aug
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Try to take this time to arrange yyour thoughts

and what you have learned. AB
rned. ABSORB them.
Take Care of
Yourself. To those needing
ding a comfort
com blanket, attempt a
Eat. Sleep. Eat. Sleep. Pace Yourself. The Bar is SECOND D reading.
a marathon, not a sprint.

Careful though there is such a thing as

INFORMATION OVERLOAD.

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Judgment Month Begins Attend Pre-Week

Lectures.
The Onslaught:

The Month of September

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Drop the Fat

F Books.
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This.
T his Is. It.
Composure. Composure. Composure.
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Another Round of Unsolicited

icited Advice
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Sleep the night before. Thiss is difficult but TRY. You

need a clear head.
Drop the Fat Books.
Wake up early.. Set aside adequate time to compose and
rself.
calm yourself.

PRAY.

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TAKING THE BAR EXAMS Important Reminders

FOLLOW INSTRUCTIONS. WRITE LEGIBLY.

Again, take the time to compose yourself. The waiting WRITE GOOD ENGLISH.
time is long.

PRESENT YOUR ANSWERS LOGICALLY AND

PRAY. NEATLY.

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RECEIVING
G THE TEST PAPER: Answering Questions Requiring
Your
ur Three
Thre (3) Choices DEFINITIONS
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Read the first que
question and start answering right away.
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a rather SIMPLE way of defining is by following the

formula below:
Read ALL the questions and start answering the first
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one.

PECIE = Definition
GENUS + SPECIE D

Read ALL the questions and formulate answerss on the

test paper.
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EXAMPLE:
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Give the concept of Psychological

ogical Incapacity
In

Answer:

Psychological Incapacity iss a ground for the declaration of

an

nullity of marriagee found under Article 36 of the

ANSWERING Family Code. It refers tto a serious disorder that
incapacitates a spouse from complying with his or her
h

THE marital duties and obligations.

by gravity,
vity, incu
ob It must be characterized
incurability and juridical antecedence.
BAR QUESTIONS
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(Republic vv. Mo
Molina)

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Answering Questions Requiring EXAMPLE:

Distinguish a Handicap Worker from a Qualified
ENUMERATIONS Handicap Worker
Put a Heading Answer:
Number the Enumeration for Neater Presentation DISTINCTIONS between a Handicap Worker and a Qualified
Handicap Worker
Try to Leave Spaces
As to Relevance of Being Handicap
If incomplete, write the number anyway.
A Handicap worker is one whose physiological defect or deformity
diminishes his capacity or aptitude for his assigned task. A
qualified handicap worker is one who may be suffering from a

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physiological defect but such defect does not hamper his capacity
es to perform his work.
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EXAMPLE:
XAMP ANSWERING PROBLEMS:
What are the
he Requisites
Requ for a Valid Things to Consider
Classification
Clas
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Answer:
wer:
Length of the Question
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The following
follow are the requisites for a valid classification: If it is a Short Problem -- Read the facts carefully.
a. it must rest on substantial distinctions here are important.
Chances are, all the facts stated there
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b. it must be germane to the purpose of the law

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If it is a Long Problem -- Read the question first before
c. ss
it must apply to all the members of the class is will guide
reading the facts. This guid you in determining the
important facts to be used. Otherwise, it will be time
d. it must apply to future conditions. consuming.
(People v. Cayat)
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ANSWERING PROBLEMS: MS
Answering Questions Requiring
C

der
Things to Consider
DISTINCTIONS

Amount of Facts Involved

Put a GENERAL Heading
Be discriminating as to the important facts.

Put SPECIFIC HEADINGS Segregate

te the narration
narratio of facts into the contested and
contested parts.
non-contested pa

Try to Leave Spaces

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SAMPLE PROBLEM
Analyzing a Long Problem (Categorical Question)
SAMPLE QUESTION: (Civil Law)

Gigi and Ric, Catholics, got married when they were 18 years old.
Their marriage was solemnized on August 2, 1989 by Ric's LEGITIMATION (Civil Law)
uncle, a Baptist Minister, in Calamba, Laguna. He overlooked
the fact that his license to solemnize marriage expired the
month before and that the parties do not belong to his
congregation.

After 5 years of married life and blessed with 2 children, the

spouses developed irreconcilable differences, so they parted
ways. While separated, Ric fell in love with Juliet, a 16 year-
old sophomore in a local college and a seventh-Day
Adventist. They decided to get married with the consent of
Juliet's parents.
RN and DM, without any impediment to marry
each other, had been living together without
benefit of church blessings. Their common-law
union resulted in the birth of ZMN. Two years

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She presented to him a birth certificate showing she is 18 years later, they got married in a civil ceremony. Could
old. Ric never doubted her age much less the authenticitycity
yoof ZMN be legitimated?
her birth certificate. They got married in a Catholic church
urch in
Manila. A year after, Juliet gave birth to twins, Aissa and
Aretha.
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Kinds of Problem
Probl Questions Sample Answer:
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YES, ZMN can be legitimated.
PROBLEMS
BLEMS WI
WITH CATEGORICAL QUESTIONS
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thee issue/s o
of the problem have been specifically laid down already Under the Family Code, natural children may be legitimated
iit is just a matter of answering the question directly. (a) through the subsequent marriage of the parents, provided
acitated to marry at the
that (b) they were not otherwise incapacitated
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time of the childs conception.

PROBLEMS THAT END WITH Decide or Decide
cide Here, ZMNs parents were not incapac
incapacitated to marry at the
with Reasons
onc on. Thus, the subsequent
time of the childs conception.
the examinee is left to determine the true issue or controversy
versy in th
the
problem.
wou have the curative effect of
marriage of RN and DM would
the examinee has two (2) obligations: determinee the issue and deciding
legitimation.
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SAMPLE PROBLEM EM
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Analyzing the Problem

(Categorical Question)
estion)

Determine the exact issue on which the question will turn DUE PROCESS (Political Law)
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What are the facts that would point to a YES answer
What are the facts that would point to a NO answer
X is a public school teacher who ho participated
partici in a mass walk-out in order to
express their grievances. of that, X was subjected to disciplinary
s. Because o
Know their legal significance and decide. action. During herr administ
administrative hearing, there was no teacher
This is a matter of knowledge/opinion
representative ass required by law. Subsequently, X appealed the adverse
decision to the Office of the
th President.
Was there denial of due pro
process?
Address both in the answer
in the opening statement
part of the reasoning

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Analyzing the Problem
Determine the exact issue on which the question will turn
What are the facts that would point to a YES answer
LACK OF A TEACHER REPRESENTATIVE
What are the facts that would point to a NO answer
APPEAL TO THE OFFICE OF THE PRESIDENT
Know their legal significance and decide.
This is a matter of knowledge/opinion
SAMPLE PROBLEM
(Open-Ended Question)
Spouses X and Y own a parcel of land. Without
obtaining the consent of X, Y entered into a long-term
lease over the land with Z. When Z found out that the
consent of X was not obtained, he asked Y to remedy the
situation. Thus, Y asked X to sign a document ratifying
the lease in favor of Z, which X signed. One year later, X
filed a suit to have the lease contract annulled.

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Address both in the answer

Decide with reasons.

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Sample
mple A
Answer
Analyzing the Problem
(in the opening
open statement)
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Despite thee fact that a partial person may have been involved ANALYZING THE FACTS:
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in the resolution
olution of the administrative matter, there is still The problem contains:
NO denial off due
d process. Facts surrounding the contract in question
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Facts regarding the nature of the action

n that was filed.
f
The essence of due process is the opportunity to be heard. In
the case at bar, X was given the chance to present her side
ANALYZING THE ISSUES:
S:
ve body
and to air out her arguments before the administrative
The issues are:
and the Office of the President. The fact that she was able to
The status of the contract
ontract
appeal already cures any defect in the lower administra
administrative
The propriety of the action filed
body.
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Sample Answer
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(part of the reasoning) Answering the Problem

roblem

A lease over real property partakes es of the n nature of a lien or

NO, X was not denied due process of law. encumbrance. Under the law, any lien or encu encumbrance requires the
bsence, ju
consent of both spouses or, in its absence, judicial authorization.

sent of X was not obtained nor is there

In the case at hand, the consent
The essence of due process is the opportunity to be heard. Consequently, the lease contract is VOID.
n. Consequ
any judicial authorization.
In the case at bar, X was given the chance to present her side ding any document
Thus, notwithstanding docu signed by X, the same cannot
and to air out her arguments before the administrative body pite, however,
be ratified. Despite, howev the nullity of the lease contract, an
and the Office of the President. While it is true that a partial action to annul the same is not proper. Therefore, the case filed by X
person may have participated in the deliberations, the fact that must be dismissed.
she was able to appeal already cures any defect in the
composition of the lower administrative body.

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Sample Answer

Yes, the transfer to Z is valid.

While the transfer from X to Y was defective since

Phrasing your it was via testate succession, the subsequent transfer
Answers by Y to Z a qualified holder fulfilled the

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nationalistic spirit of the law and cured the defect.
es Hence, Z may validly hold the land.
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On a Direct Question On a Direct Question

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ASSUMING YOU KNOW THE ANSWER: IF YOU DO NOT KNOW THE ANSWER:
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Use
se the Triangle Method of Answering Use the Inverted Triangle Method of Answering

1. Give your categorical answer. 1. he ca

Cite the issue of the case.
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2. Lay down your basis in law or in jurisprudence. 2. es of law connected

State well settled and general principles c with the issue.
des of the controversy.
Use both sides con
3. Apply the principle to the facts given.
3.Pick a fact and use it to supp
support your chosen side.
4. Reiterate your conclusion.
4. Show rright and justice.
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Sample Question Sample

ample A
Answer
The issue at hand concerns the he constitu
constitutional prohibition
oreigners. T
involving land ownership by foreigners. The said ban reflects
X, a Filipina, married Y, a Japanese national. During their
nd lays down
our nationalistic sentiments and do an important public
marriage, X and Y had a child Z. Upon Xs death, by ces only to Filipinos.
policy to reserve our resources
virtue of her last will and testament, their real properties In light of the important
ortant social
soc considerations involved, the
were transferred to Y. The same properties were
transfer from Y too Z is invalid
inva because Y never had title to the
subsequently donated by Y to Z.
land since he was a disqualified
disqu holder. While Y transferred the
same to Z whoho is qu
qualified, the circumvention of an important
tol
policy cannot be tolerated.
Is the transfer to Z valid?

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Remember:
Miscellaneous Items.
You can use the same method if
there are two schools of thought

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Just dont forget to show that right and justice is on your chosen side.
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Analyzing Questions Arising from

Open-Ended
n-Ended Questions
One Set of Facts
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STEPS:
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1. Cite the issue/s

issue/s.
REMEMBER:
2. Give your categorical answer.
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3. Lay down your basis.

4. Apply to the facts. 1. Logically, the answer should be different.

swer shou
5. Conclude. 2. Be clear ass to w
what your answer is.
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Answering Questions Requiring

equiring
C

Questions Necessitating A Distinction

Opinion
STEPS:

REMEMBER:
MEMBE
1. Cite the issue.

2. State the legal effect.

3. Conclude 1. There
ere are no wrong or right answers.
4. Pick a Fact and Use as Basis of your Choice.

2. GIVE IT YOUR BEST SHOT.

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Citing Cases:

TWO WAYS: Dont Talk About

The Bar.
You cant change a thing.
1. Parenthesis Method

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2. Case as Basis es
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Dont Agonize.
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It wont help at all.

AFTER THE BAR EXAMS
Simple Dos and Donts

Surviving the Bar Exams

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You Have Earned

ed the Right To
ar. You are Ready.
Take The Bar.

DOs & DONTs

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Best of Luck!

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