Ilac Handout-1
Ilac Handout-1
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DVOREF COLLEGE OF LAW
A.Y. 2021-2022, 1st Semester
render them exempt from the license Here, since death resulted from
requirement and as such, a marriage Macho’s act of accidentally pulling the trigger
license must have first been secured before of the gun, homicide is committed. The
they got married. absence of an intent to kill on the part of Macho
is immaterial because Ganda died and as such,
Hence, the marriage is void for lack of a
intent to kill is conclusively presumed.
marriage of a license.
Hence, homicide was committed.
b) What is the filiation status of Laica? (2%)
Note: It’s okay if you find it difficult to adhere
Laica is considered a legitimate child of
to the proposed format. Just practice,
Faye and Brad.
practice, and practice! Better start early than
Under the Family Code, children suffer when you’re already in your Bar review.
conceived or born during the marriage of Save yourself from the inconvenience and
the parents are legitimate. anxiety of figuring out how to effectively write
your answers by following the proposed format
In the case at bar, Laica was born as early as your first year.
during the union of Faye and Brad.
Hence, Laica is a legitimate child.
CASE PROBLEM
Given that you know already the law; that you
Q: Macho married Ganda, a transgender. know how to apply it to the set of facts; that you
Macho was not then aware that Ganda was a write legibly enough; left you with one problem
transgender. On their first night, after their – that is how are you going to present or
marriage, Macho discovered that Ganda was a articulate it in an impressive manner.
transgender. Macho confronted Ganda and a
heated argument ensued. In the course of the A ready outline or structure of your answer will
heated argument, a fight took place wherein tremendously help you to answer faster
Ganda got hold of a knife to stab Macho. Macho without missing an important part. By constant
ran away from the stabbing thrusts and got his practice in answering this type of question with
gun which he pointed at Ganda just to frighten the outline/structure in your mind, you will be
and stop Ganda from continuing with the amazed how it easy for you to start outright and
attack. Macho had no intention at all to kill tackle the question and come up with an
Ganda. Unfamiliar with guns, Macho impressive answer.
accidentally pulled the trigger and hit Ganda
Below is the suggested outline/structure of
that caused the latter’s death. What was the
your answer for a “case/situationer problem”
crime committed?
question:
PA:
1st Paragraph—Positive/Negative/Qualified
Macho committed the crime of Answer.
Homicide.
Note: Since you are still in law school, if you see
It is well-settled in Criminal Law that that the question given needs a qualified
when a person kills another, a homicide is answer, just qualify.
committed and intent to kill is conclusively
2nd Paragraph—Applicable
presumed when the victim dies.
Law/Jurisprudence
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DVOREF COLLEGE OF LAW
A.Y. 2021-2022, 1st Semester
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DVOREF COLLEGE OF LAW
A.Y. 2021-2022, 1st Semester
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DVOREF COLLEGE OF LAW
A.Y. 2021-2022, 1st Semester
7. In one case decided by the highest court 7. It is a familiar canon in (i.e. political law)
of the land, it was held that that
8. In one case, the Supreme Court ruled 8. By well settled public law…
that 9. Basic is the rule in (i.e. Criminal Law)…
9. It has been said that… 10. It is an elementary principle in…
10. In a recent case, the Supreme Court has 11. It is a fundamental doctrine in…
laid to rest the issue of whether or not… 12. Well accepted is the rule that…
11. It is well settled in this jurisdiction… 13. It is axiomatic in (i.e. Civil Law) that
12. It is well settled in this country… 14. Enshrined in the 1987 Constitution is the
13. The Supreme Court has steadfastly rule that (i.e. no person shall be deprived of life,
adhered to the doctrine which states that liberty or property without due process of law)
14. In a case with similar facts, the Supreme 15. Consonant with the rule on…
Court ruled that… 16. It is a recognized doctrine in (i.e. Civil
15. In several notable Supreme Court law) that…
decisions, the highest court declared that… 17. It is a basic tenet in (i.e. Commercial
16. The Supreme Court has often stressed Law)
that… 18. Consistent with current jurisprudence
17. In the landmark case of _____________, (if 19. It is a legal presumption, born of wisdom
the case is so famous) the and experience, that …
Supreme Court laid down the doctrine which 20. It is an oft-repeated rule that…
substantially provides that… 21. The Philippines adhere to the principle
18. In the leading case of … of…
19. As enunciated by the Supreme Court in
one case,… REFERRING BACK TO THE CASE
20. The court has repeatedly ruled…
(correlating the facts with the
21. A case in point is a case already decided
law/jurisprudence)
by no other than the highest court of the land,
where the Supreme Court held that… 1. Applying the said law/doctrine in the
22. There is likewise an array of cases in instant case,
this jurisdiction where the Supreme Court has 2. From the facts given, noteworthy is the
consistently declared that… …
23. Deeply rooted is the jurisprudence 3. From the facts of the case, it is readily
which provides that… observable that…
24. In one case, the Supreme Court was 4. In the instant case, it may be observed
emphatic when it ruled that…. that…
5. It is crystal clear from the facts
presented that (i.e. the crime of treason) is
EMPHASIZING CASE DOCTRINES / present (or was committed).
JURISPRUDENCE 6. In the present case, it is immediately
noticeable that the element of
1. It is hornbook doctrine in (i.e. Civil Law)
__________ is wanting (or lacking).
that…
7. Under the circumstances, the proper
2. Immortal is the rule that…
remedy would be…
3. Well settled is the rule…
8. The case obtaining indicates a case of
4. Well entrenched is the principle that..
(i.e. B.P. 22)
5. Elementary is the rule that..
9. It logically follows…
6. The cardinal rule in (i.e. labor law) is that
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DVOREF COLLEGE OF LAW
A.Y. 2021-2022, 1st Semester
10. It goes without saying… 18. Clearly, the case at hand falls squarely
11. Even assuming arguendo, for the sake within the purview of…
of argument that… 19. Verily, he/she has committed…
12. The situation in the case at hand… 20. For this/these reason/s, it is unavoidable
13. The situation presented evinces a case to conclude that…
of… 21. Based on the facts obtaining,…
14. The facts sufficiently indicated … 22. In this light,…
15. In the given facts, it is immediately 23. This being the case…
apparent that… 24. Clearly therefore, applying the
16. It is evident that… aforecited ruling in the case at hand,…
17. In the same token… 25. In light of the foregoing, it is beyond
18. Under the facts stated in the problem,… cavil (doubt) that,…
19. In the case under consideration,… 26. There is no doubt that…
20. Worth stressing is the fact that 27. To the unprejudiced mind, the
21. Worth emphasizing is the fact that actuations of the three, when analyzed and
22. The facts would reveal that… taken together, leads to no other conclusion
23. A careful perusal of the facts of the case except that (i.e. conspiracy
would reveal that… among them existed)
24. A careful scrutiny of the actuations of 28. Inescapably, therefore,…
the accused would reveal that… 29. All things considered,…
25. A careful reading of the (i.e. Deed of
Absolute Sale) would reveal that…
26. A cursory examination of the…
CONCLUDING WORDS
1. From the gamut of evidence on hand, it
can be gathered/deduced that,…
2. Taken all together,…
3. Finally, …
4. Hence, …
5. Therefore, …
6. From the foregoing, it can be deduced
that there is really (i.e. a violation of…)
7. From the foregoing, it is now safe to
conclude that….
8. Lastly, …
9. Consequently,…
10. As a necessary consequence…
11. The logical implication is that…
12. At any rate,…
13. In view of the foregoing,…
14. As an inevitable conclusion,…
15. In the light of the circumstances,…
16. Undoubtedly,…
17. Indubitably,…
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DVOREF COLLEGE OF LAW
A.Y. 2021-2022, 1st Semester
Note: That is how you should write your answers. In the case at bar, Laica was born during the
union of Faye and Brad.
ENUMERATION
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DVOREF COLLEGE OF LAW
A.Y. 2021-2022, 1st Semester
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DVOREF COLLEGE OF LAW
A.Y. 2021-2022, 1st Semester
2. _________________, in its generally some or all of them. Either way, these Bar
accepted sense, refers to …. candidates are writing too slowly, and it costs
them their ticket to a law license. Focus on one
3. … It is a safeguard and guarantee
question at a time. Don’t bother or think of
provided by the 1987 Constitution..
another question while answering one.
4. … It is a kind of relief granted to a
2. Budget your time according to the
______________ by the …
number of questions and length of problems.
5. ________________ is a branch of public Check the point percentage allocation for each
law (or private law) which deals with.. question. This will be your guide on how much
time you will spend for a question. Of course,
6. It pertains to… you will devote more minutes to questions with
7. It connotes a …. a big or higher percentage (i.e. 5%; 10%) than
8. … is a doctrine in (i.e. Civil Law) which questions with a minimum point percentage
refers to… (i.e. 1%; 2%).
9. … is a principle in (i.e. Criminal Law)
which states that… 3.Set a time schedule. It’s easy to waste time
10. It presupposes… by getting carried away by a single question or
11. Its principal identifying feature is.. by getting stuck on a question that’s giving you
12. It is akin to… trouble. Make a general allocation for each
13. The function of which is to… question and adjust the time depending on
14. The office of which is to… their percentage weight. Monitor your pace so
that you stay calm and will be able to answer all
questions on the exam.
REASON BEHIND THE
4. Read first what is required at the bottom of
LAW/CONCEPT/PRINCIPLE
the question. By doing this, you will be able to
determine what facts do you need and what
1. The purpose of the law is…
facts are immaterial. This will save you time
2. The law is designed to…
from re-reading the question. You can also
3. It is intended to shield …
start formulating your answer in mind while
4. It is primarily aimed at protecting
reading the question, thus, it will be easier and
____________ from unwarranted ____
faster for you to write your answers since you
5. The rationale behind the law is…
are already guided by your earlier analysis. It
6. The spirit of the law is to the effect that…
will also minimize errors and erasures.
5.Be reminded that one of your tasks while
ADDITIONAL TIPS ON HOW TO APPROACH preparing for the Bar exam is to become an
BAR ESSAY QUESTION expert fact pattern reader. So, what do you do
if you aren’t very good at reading facts? You
Note: Hello, please do not skip these tips which
need to experiment with different ways to get
are not only applicable to the Bar exam but also better at reading facts. Practice answering
to your exams in law school. past Bar questions as many as you can.
1.Finishing is the key. Many fail the Bar exam Analyze the suggested answers and take note
because they don’t finish the exam. They spend how the answers used the facts in the problem.
so much time on an early question that they Remember, you won’t get all the possible
can’t finish the later ones. Or they work on all points if you don’t understand what the Bar
of the questions at once, but without finishing examiners are asking you. You must become
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DVOREF COLLEGE OF LAW
A.Y. 2021-2022, 1st Semester
an expert fact reader in order to write a which look professional, are well organized
complete exam answer. and which use paragraphs and indenting
where appropriate make the Examiner’s job
6.Before answering, formulate on your mind
easier.
what will be placed on your first, second and
third paragraphs. Mentally apply your outline. 10. An answer to one question in one
The first paragraph normally contains a one- problem requires a separate page. Answers to
sentence direct to the point answer to the sub-questions may be presented continuously
question. The second paragraph commonly in a page separated by space/s. It is
contains legal basis (provision of law in point, suggested, however, that even answers to sub-
jurisprudence, co-relation of the questions be presented on separate page,
jurisprudence/provision with the facts of the unless your answer is very short, so that in
case and application). Third paragraph case you want to change any or in case you
normally contains the conclusion. When you have missed a sub-question, you can still insert
are already decided of your answer, write it your answer in the remaining spaces of the
according to your thoughts. In this approach, page.
you will not only be avoiding unnecessary
11. Don’t submit your test booklet too early.
revisions and erasures, you will also maintain
There’s no prize for early finishers. Budget and
the cleanliness of your booklet. Bear in mind
utilize all the time allocated for you to: (a)
that, a dirty booklet is irritating to the eyes of
compose good answers; (b) review your
the person checking the same.
answers; and (c) write legibly.
7.Use logic or common sense when you do not
12. Practice, practice, practice. Practice is
know the answer. Ask the question, “What is
vital to your success in the Bar exam. You must
the best solution or resolution for this case?”
get used answering Bar essay questions. The
or “If I were the examiner how do I want the
only way to know if you can (or if you know the
question answered?” Do not just guess, make
law) is to practice. Answering Bar questions
a smart guess. Your best guide is to think what
regularly will help you learn the law as well as
is most just and equitable since these are the
become a better tester. There are many
purpose any law seeks to achieve.
sample bar exam essay questions and answers
8.If you really have no idea on how to answer a available on the internet. You may also find the
really difficult question, or a borderline case, Q&A published by the UP Law Center helpful.
or you do not know what the answer is, the use
13.The key to success in any endeavor is
of inverted pyramid of answering question may
preparation. Familiarity with the structure of
be helpful. This may be done by inverting the
the essay questions and how you respond to
usual answer format. Initially, present your
them will go a long way in alleviating your
knowledge of the law and/or jurisprudence,
anxiety on test day. You job is to practice the
then make your smart guess. With this, you
approach we’ve just outlined so that it
may be able to show or convince the examiner
becomes so automatic by exam day that you
that you know something about the issue but
move from one step to the other without
you were merely incorrect in your conclusion,
missing a beat.
you may get a credit for your answer.
14.At least twice during your bar prep (ideally
9.Number your answer accordingly. Don’t
four), do a simulated Bar exam day. Do a mock
make the Examiner search for your answers.
version of it. The key is to practice under
Make your answer look professional. Don’t use
conditions similar to the actual Bar
textspeak and don’t abbreviate. Answers
examinations. This will make you mindful of
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DVOREF COLLEGE OF LAW
A.Y. 2021-2022, 1st Semester
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