HOW TO ANSWER

ESSAY-TYPE
QUESTIONS
EFFECTIVELY
The quality and effectiveness of
your ANSWER in essay-type
questions are determined by:

1. FORM

2. SUBSTANCE
FORM is the established
method of expression. It concerns with
how the answer is being presented in a
well-organize manner in such a way
that it can communicate and convey
meaning or thoughts. In other words, it
relates to technical details.
Your ANSWER is considered sufficient in form if it complies
with the following components:

(1) Legible handwriting (Applies only in handwritten

examinations);

(2) Proper margin and spacing (Applies only in handwritten

examinations);

(3) Correct grammar usage;

(4) Employment of correct spelling; and

(5) Adequate command of the English language.

substance
is that which is essential and is used in
opposition to form. It is the most important
element in any existence, the characteristic
and essential components of anything, the
main part, the essential import, and the
purport. (Spouses Munsalud vs. NHA, G.R. No.
167181, December 23, 2008)
In other words, SUBSTANCE relates to
the materiality, weight, sufficiency
and relevance of your ANSWER in
relation to the question or issue
presented by the problem.
For an ANSWER to be considered sufficient in substance,
it must state the following:

(1)The applicable law, legal doctrines and principles, or

jurisprudence;

(2)The application of the law, legal doctrines and

principles, or jurisprudence involved to the given facts;
and

(3)A sound or logical conclusion based on the given

premises.
FORMATS IN
ANSWERING
ESSAY TYPE
QUESTIONS
THE FOUR (4) PARAGRAPH STYLE:

1st Paragraph - Categorical Answer

2nd Paragraph - Legal Basis
3rd Paragraph -Application
4th Paragraph - Conclusion
 ILLUSTRATION

Problem:

Gorgonio wanted to commit suicide. So he jumped out

from the window of a three-storey building and fell on
another person who was killed.

Question: Is Gorgonio criminally liable?

ILLUSTRATION OF APPLICATION OF THE
THE FOUR (4) PARAGRAPH STYLE IN THE
GIVEN PROBLEM:

1st Paragraph - Categorical Answer

2nd Paragraph - Legal Basis
3rd Paragraph -Application
4th Paragraph - Conclusion
Answer:
Categorical answer
No. Gorgonio is not criminally liable.

The Revised Penal Code states that criminal liability shall be incurred
by any person committing a felony (delito) although the wrongful act done be
different from that which he intended.
Legal basis
In the given case, however, Gorgonio was not committing a felony since
the act of committing suicide is not a felony under the Revised Penal Code.
Application
Gorgonio, therefore, is not criminally liable even if as a consequence of
his act of committing suicide somebody was killed.
Conclusion
 Part I - CATEGORICAL ANSWER

NOTE: As a rule, there are two categorical answers available to the examinee; the
affirmative one (YES) and the negative one (NO).

ILLUSTRATION:

Abe, married to Liza, contracted another marriage with Connie in Singapore. Thereafter, Abe and Connie returned
to the Philippines and lived as husband and wife in the hometown of Abe in Calamba, Laguna. Can Abe be
prosecuted for bigamy?

Answer:

No, Abe may not be prosecuted for bigamy. xxxxxxxxxxx

NOTE: However, by way of exception, some essay questions may call for a qualified answer.
This usually happens when the facts of the case are vague or bereft of specific details for the
examinee to form his/her conclusion.

Illustration:

Ana, a married woman, had sexual intercourse with a man who was not her husband. Is the man criminally liable for adultery?

Answer:

We have to qualify. If the man who had carnal knowledge with her did not know her to
be married, then the man is not liable. However, if the man knows that she is married, he
is liable for adultery.

It depends. If the man who had carnal knowledge with her did not know her to be
married, then the man is not liable. However, if the man knows that she is married, he is
liable for adultery.
 Part ii - Legal basis

NOTE: A legal basis may be taken from specific provisions

of the law, jurisprudence/cases decided by the Supreme Court,
well-settled legal principles and legal doctrines, general rules
and exceptions, and sometimes legal maxims.
How to cite Legal Basis:

The following are some derivatives…

The law provides that a felony is consummated when all the elements necessary
for its execution and accomplishment are present.

The Revised Penal Code provides that a felony is consummated when all the
elements necessary for its execution and accomplishment are present.

The law declares that an insane person, unless the latter has acted during a lucid
interval, is exempt from criminal liability.

The Revised Penal Code declares that an insane person, unless the latter has acted
during a lucid interval, is exempt from criminal liability.
How to cite Legal Basis:

The following are some derivatives…

According to the law, any person who acts in obedience to an order issued by a
superior for some lawful purpose does not incur any criminal liability.

According to the Revised Penal Code, any person who acts in obedience to an
order issued by a superior for some lawful purpose does not incur any criminal
liability.

The Revised Penal Code expressly provides that anyone who acts in defense of his
person is not criminally liable.

The law expressly provides that the crime of murder is committed by any person
who shall kill another with the aid of armed men.
How to cite Legal Basis:

The following are some derivatives…

Under the law, the crime of murder is committed by any person who shall kill
another with treachery.

Under the Revised Penal Code, any person who acts in the fulfillment of a duty is
not criminally liable.

It is expressly provided in the law that the crime of theft is committed by any
person who, with intent to gain but without violence against, or intimidation of
persons nor force upon things, shall take personal property of another without the
latter’s consent.
How to cite Legal Basis:

The following are some derivatives…

It is expressly provided in the Revised Penal Code that any person

who, while performing a lawful act with due care, causes an injury
by mere accident without fault or intention of causing it is not
criminally liable.

The law states that an action or defense for the declaration of

absolute nullity of a marriage shall not prescribe.

The Family Code states that an action or defense for the declaration
of absolute nullity of a marriage shall not prescribe.
How to cite jurisprudence:

NOTE: : The specific title of the case or jurisprudence need not be

cited, unless it is a “land mark” case: e.g. Stonehill vs. Diokno. Hence,
the following alternatives may be considered:
 It has been held that in order for an intentional felony to exist, it is necessary
that the act be committed by means of dolo or "malice.“

According to jurisprudence, motive is not an essential element of a crime,

hence, need not be proved for purposes of conviction.

In one case decided by the Supreme Court, it was held that the person
defending himself cannot be expected to think clearly so as to control his blow.

The Supreme Court has ruled that motive is not an essential element of a
crime, and, hence, need not be proved for purposes of conviction.

The jurisprudence is to the effect that if the evidence is merely circumstantial,

proof of motive is essential.
 Under the prevailing jurisprudence, sexual intercourse with an insane woman
was considered rape.

Jurisprudence provides that one who takes part in planning a criminal act
but desists in its actual commission is exempt from criminal liability.

It has been held by the Supreme Court that the plea of self-defense cannot be
justifiably entertained where it is not only uncorroborated by any separate
evidence but in itself is extremely doubtful.

The Supreme Court is replete with rulings that in self-defense, the burden of
proof rests upon the accused.

It is settled by jurisprudence that when unlawful aggression which has begun

no longer exists because the aggressor runs away, the one making a defense has no
more right to kill or even to wound the former aggressor.
It has been settled by the High Court that defense of property can be
invoked as a justifying circumstance only when it is coupled with
an attack on the person of one entrusted with said property.

Judicial decisions are to the effect that in petitions for

the declaration of nullity of marriage, the burden of proof to show
the nullity of marriage lies on the plaintiff. Any doubt should be
resolved in favor of the existence and continuation of
the marriage and against its dissolution and nullity.

Ingrained in our jurisprudence is the doctrine that defense of

property can be invoked as a justifying circumstance only when it is
coupled with an attack on the person of one entrusted with said
property.
How to cite legal rules/principles/doctrines:

Well-settled is the rule that conspiracy and proposal to commit felony are not
punishable.

The established rule is that if there is no intent to kill on the part of the
offender, he is liable for physical injuries only.

It is elementary in criminal law that there is no such thing as robbery with

murder.

Well-settled is the principle that charges for rape are easy to make
but hard to prove, and harder still for the party accused who may be innocent to
disprove.

It is well-entrenched in our jurisdiction that flight is an indication of guilt.

It is a basic principle in criminal law that treachery is not presumed; it has to be

proved as convincingly as the killing itself.
How to cite legal rules/principles/doctrines:

It is a fundamental principle in criminal law that in case of doubt,

penal law is to be construed strictly against the State.

It is well-settled that in case of doubt, penal law is to be construed

strictly against the State.

It is doctrinal in criminal law that for the provocation to be

sufficient, it must be adequate to excite a person to commit a wrong
and must accordingly be proportionate to its gravity.
 Part iii – application

Examples:
In the case at bar, however, Gorgonio was not committing a felony
since the act of committing suicide is not a felony under the
Revised Penal Code.

In the case under consideration, however, Gorgonio was not

committing a felony since the act of committing suicide is not a
felony under the Revised Penal Code.
 Part iii – application

Examples:
Under the given case, however, Gorgonio was not committing a
felony since the act of committing suicide is not a felony under the
Revised Penal Code.

In this case, however, Gorgonio was not committing a felony since

the act of committing suicide is not a felony under the Revised
Penal Code.
 Part iii – application

Examples:
In the given problem, however, Gorgonio was not committing a
felony since the act of committing suicide is not a felony under the
Revised Penal Code.

In instant case, however, Gorgonio was not committing a felony

since the act of committing suicide is not a felony under the
Revised Penal Code.
 Part iV – CONCLUSION

Examples:
Therefore, Gorgonio is not criminally liable even if as a
consequence of his act of committing suicide somebody was killed.

Accordingly, Gorgonio is not criminally liable even if as a

consequence of his act of committing suicide somebody was killed.

In view of the foregoing, Gorgonio is not criminally liable even if as

a consequence of his act of committing suicide somebody was killed.
 Part iV – CONCLUSION

Examples:
In light of the foregoing, Gorgonio is not criminally liable even if as
a consequence of his act of committing suicide somebody was killed.

It follows then that Gorgonio is not criminally liable even if as a

consequence of his act of committing suicide somebody was killed.

Hence, Gorgonio is not criminally liable even if as a consequence of

his act of committing suicide somebody was killed.
 Part iV – CONCLUSION
Examples:
Thus, Gorgonio is not criminally liable even if as a consequence of his act of
committing suicide somebody was killed.

Therefore, it is respectfully submitted that Gorgonio is not criminally liable even

if as a consequence of his act of committing suicide somebody was killed.

Consequently, Gorgonio is not criminally liable even if as a consequence of his

act of committing suicide somebody was killed.

As such, Gorgonio is not criminally liable even if as a consequence of his act of

committing suicide somebody was killed.
 POSSIBLE SHORT FORMATS
(TWO (2) to THREE (3) PARAGRAPH STYLE):
Categorical Answer + Combination of Legal Basis and Application + Conclusion

Categorical Answer and Legal Basis + Combination of Application and Conclusion

 THE SHORT FORMAT STYLE

Example:

Judge Santos solemnized marriages without

marriage licenses as the license numbers were not
reflected in the certificates and the judge did not sign
the marriage certificates until after the licenses were
submitted by the parties. Are the marriages valid?
Why?
Answer:
Categorical answer + Legal basis combined

No. The Family Code declares that the absence of any essential or formal
requisites of marriage shall render the marriage void ab initio.

A marriage license is one of the formal requisites of marriage. In the

instant case, since the marriages were solemnized by Judge Santos without
marriage licenses, it follows then that the marriages solemnized by him are
not valid.

Combination of Application & Conclusion

gOod LuCk