IN PASSING THE BAR EXAMINATIONS

Contributed by:

Atty. Glenn M. Mortel

“There is nothing that can help a bar examinee most
than a constant and intensive study of the provisions
of the various codes and the interpretation and
application thereof by the Supreme Court in its
decisions. By study is meant, that the provisions must
be correctly understood and the thought or words
thereof put to memory. After a chapter, for example,
has been studied, the next one should be studied next,
and after this, a review of all that has already been
studied re-reviewed, to keep the subject matter and
the provisions fresh in mind.” – Alejo Labrador

Actual preparation for the bar examination starts from
the first day a law student attended class during the
first year in the law school.

The blooming secret in passing the bar examination is
this: Present good answers that will make the
examiners take notice. Good answers anchored upon
logical reasoning, written in readable English and
more importantly, justified by appropriate legal
authority.

If the candidates are at a loss as to what specific
legal provisions or case doctrines to use in answering
problems, the only alternative left for them is to use
their own common sense.

The key to passing the bar examinations is contained
in one word: ARTICULATION. Articulation is expressive
of the following basic fundamentals: good language,
impressive presentation, logical reasoning and
substantial background knowledge of law and procedure.

The examinee who has a fairly good command of English,
assuming that he is prepared in all other matters,
stands definitely with a much better chance of
passing.

The responsive character of a given answer would
depend to a great extent, on command of good language,
logical reasoning and impressive presentation. This
objective of preparing impressive and responsive
answers can only be achieved by constant practice.

Get this straight right now. Passing the bar
examination has been, still is, and will always be a
difficult proposition!

No one can really help you pass the bar examination
but yourself.

The greatest blooming secret of passing the bar
examination is and will always be: PREPARATION! Not
just any kind of preparation, but proper, sound and
systematic preparation.

Systematic review can only be done by the use of what
we call schedules which the candidate must follow
vigorously to the letter if he expects to attain the
best results.

There will be times when you become sleepy while
reviewing but never for one moment, tell yourself:
Man, this review can wait! Do not be stupid. Always
remind yourself that time is of the essence and is
decidedly running too short for you.

Force yourself to read, understand and absorb what law
you reviewed. Otherwise, all your efforts will go to
waste.

Love and review cannot mix in the business of
preparing for the bar examination.

Early to bed, early to rise, that is the way to make a
man healthy, wealthy and wise.

A morning shower is a must.

Never stay up late to the wee hours of morning,
cramming law into your head. This would not do you any
good. Remember, you have to conserve as much energy as
you possibly can.

Remember, keeping your health in good running
condition is just as important as reviewing and
passing the bar examination.

Good handwriting is decidedly a great factor in
passing the bar examination.

To beat time, never write kilometric answers.

By far the most important tool that the bar candidate
could equip himself with which to tackle the
examination that is inherently personal to him is
command of written English.

You have to write simple, grammatically correct
English if you want to hurdle the examination.

Presentation of answers that are not only good but
logical, full of substance and supported by law and
other authorities, are gems to the examiner, whether
he has a good or black heart.

Make your motto now: Stick to codal provisions!
Compliment this with doctrines laid down in recent
decisions of the Supreme Court.

Impressive answers showing the candidates reasoning
faculty is what the examiners want to read in your
examination notebooks.

Ability to retain your understanding of the substance
of the law through efforts of study is more desirable
quality to possess than mere ability to memorize legal
provisions.

Memorizing a particular provision of law word for word
but without understanding it and its various
implications is a lot of wasted effort.

Never fail to read the newspapers when you are
preparing for the bar examination. Read newspapers
from 20 to 30 minutes every day.

You can never expect to pass the bar examination
without preparation.

Predicting probable questions based on important
principles or provisions of law is the safer method of
speculating what the examiners are likely to ask in
their examinations.

Never depend on tips for your passing. But never brush
these tips aside as nothing but trash. They may likely
cause your downfall. Never, however, bank too much on
them.

Cheating is one sure way to endanger your future
career as a prospective member of the legal
profession. Never commit such atrocious act like
cheating in the bar examination. It never pays. Depend
on your own capabilities. Fight your battle royale on
a high plane!

Fountain or sign pens are really the most important
equipment in bar examination. Never start for the
examination without bringing along with you two or
more fountain or sign pens.

Like the weather, examiners are absolutely a bunch of
unpredictable fellows, capable of asking unpredictable
questions.

Do not try to memorize 50 definitions or distinctions
in any given time. Two or three will do.

The real secret in remembering the matters contained
in an enumeration is the use of keywords. Make your
keywords on enumerations you consider important.

Never leave a blank in an enumeration! However, if you
use the letters a, b, c, etc. for numbers in the
enumeration, so much the better. Ten to one, the
examiner may not count his fingers. Make the first
four in the enumeration definitely good.

The bar candidate should do well to be always on guard
against catchy questions capable of being answered in
a number of ways, e.g. What is a complaint? The
perfect answer should include both definitions in
criminal and civil procedure.

Never be content to answer questions with a mere yes
or no. You must, at all times, give justification why
your answer is a yes or no. Unless, of course, the
examiner qualifies his question with instruction
enclosed in parenthesis like: (Answer with a yes or no
only).

Always determine the real facts (examiners have the
bad habit of including irrelevant facts to confuse
you) and the issue or issues in controversy. Which
side you take, always justify your side with reasons
based on law, rule, equity and justice. Whatever your
answer may be, provided it is written in legible
language, the examiner will never deny you the
corresponding credit you deserve.

Always remember, make efforts to frame your answers so
that they are responsive to the questions. Never beat
around the bush. Go right straight ahead with your
answer. Avoid citations if and when you are not
absolutely sure about them. The shorter the answers
are, the more direct, the better. Avoid display of
flowery expressions which are complicated by legal
verbosity. All you need are sensible, direct and
reasonable answers that are responsive to the
questions.

Legal knowledge is not enough to solve a particular
legal issue. What is important is ability to apply
this knowledge to the solution of legal controversies.

The most convenient method of tackling problem
questions is to present immediately the conclusion of
a given answer. Practice, practice, constant practice
will help the bar candidate write good answers that
examiners will give favorable credit.

The technique of writing down answers responsive to
questions is a matter that the candidate must learn as
a matter of imperative necessity.

Brevity and directness when done properly could make
an answer both effective and impressive. However, when
overdone to a point where the ideas sought to be
conveyed becomes vague and difficult to understand,
they become a liability.

Never forget that every candidate is a potential bar
topnotcher.

So, if you are a candidate just preparing for the bar
examination, whose chances of passing are quite
problematical, just limit your ambition for the
present to just working hard to obtain a 75 percent in
the great battle of your life.

Take comfort in this: That even those who become
lawyers by “just luck”, are making good in the
practice of law. Nothing can really put a determined
man down.

In your preparation for the greatest battle of your
life, call upon Him who is the source of all
knowledge, wisdom and understanding. In deep humility,
bended knees and tears, He will make all things
beautiful in His time. Victory belongs to the most
persevering!

Note:

All excerpts, except the last (No. 48), were taken by
Atty. GLENN M. MORTEL from the book “SECRETS ON HOW TO
PASS THE BAR EXAMINATION” by Dean Wenceslao G.
Laureta, 1990 edition.

FACIAL STEAM

you need the ff:
1. 1 bag of green tea (or jasmine or oolong tea or any
   tea will do)
2. 1 slice of lemon or 3 calamansi
3. Hot water (6 to 10 cups)
4. Basin
5. Face towel

Put your hot water in the basin then put your tea bag
and lemon. inhale the steam of the hotwater+tea bag
concoction. then use face towel after steam.

APPETIZERS. Light soups, fresh veggies and fruits, and
crackers are your best bet.

Breads. Great breads to have are the plain ones like
rolls, toast, muffins, crackers and breadsticks. Be
careful about the serving sizes, too. Remember that
there are breads that contain fat, like biscuits,
cornbread, and pancakes.

Salads. Choose vegetable and fresh fruit salads with
light dressing like lemon juice or vinegar. Don?t
order coleslaw, canned fruits, and gelatin salads.

Meat, Poultry and Fish. Don’t go for fried dishes or
casseroles, choose those that are broiled, baked,
roasted or grilled. Omit the gravy and sauces.

Vegetables. Raw, stewed, steamed, baked or grilled
veggies are best.

Starchy Side Dishes. Have baked, steamed or boiled
potatoes, rice or pasta. Avoid the margarine or sour
cream, as well as fried starches or dishes served in
cream sauce.

Desserts. For dessert, you can have fresh fruits or
fresh fruit juices. But if you really want to have ice
cream or cake, go for plain ice cream, sherbet or
frozen yogurt, and have a plain cake like sponge or
angel food.

(taken FROM NESTLE sweet life club)

sa lhat ng wonder and kept boggin me y i don’t luk
like being stress-out well… i should be selling
this to u kse beauty secret ko po ito lhat. everytime
i nid to destress myself i do this beauty regimen.
this is proven and effective for me hopefully to u
also. so try this whenever u fil stressed out studying
for the exams or just want to have younger
looking/glowing skin and total wellness.  

1. After days,nights of being puyat studying when i
wake up the following day i fil sleepy… so for
energy booster i do this.

BODY SCRUB

yep, body scrub is the key. u can  buy body scrub in
any groceries or mall. for me, i buy at watsons.
sometimes i buy the house brand. be careful not all
body scrubs are energy boosters. USE any kind of
citrus formulation such as orange,lemon, calamansi…
   

before using ur fave bath soaps, mgbody scrub muna. do
not over scrub ha or else abrasion abutin ninyo.
circular motion po ang pagscrub. start w/ ur legs then
upward towards ur neck. y? kse it promotes blood
circulation. after scrubbing ur body, rinse w/ warm
water.

para sa mga budget conscious, u can try this..

1/2 cup oil (baby oil, olive oil, sunflower oil)
2-3 tablespoon sugar or fine salt
3 calamansi or lemon

combine all ingredients but remove the seeds of
calamansi (cyempre). tpos un na po mgscrub na kyo then
do the same thing above.

CAUTION:
hwg po gawin sa face ito.

FOR THE FACE nman po…use ur fave brand of facial
scrub.

for men:
i recommend master facial scrub or eskinol facial
scrub

for ladies:
i recommend body shop’s house brand facial scrub. kng
tight budget niyo use pond’s facial scrub.

do not forget to use moisturizer before going out of
the house. I use myra-e facial moisturizer. i also
recommend products of galderma (opps.. di po ko dun
ngwork) or sa celiteq. 

2.  kpag tinatamad pa rin kyo… do not drink more
than 2 cups of cofee. instead drink lots of water to
dehydrate ur body and also for proper brain
functioning.

3. exercise

ko po gngawa ko lng e walking ksi di kaya ng powers ko
ang exercise tlga.

4. buy stress balls for tired hands

up next…..
simple, do it yourself facial massage to relieve
stress.

ey guys!  Better read this!!!!! short yet informative
abt the infamous WRIT OF AMPARO....

Writ of Amparo
*It is an order issued by a court to protect the
constitutional rights of a person.   The word "amparo"
comes from the spanish word "amparar" meaning TO
PROTECT.

*The Writ was first instituted in Mexico in 1847.   It
is recognized in South American countries and some
American states.

*According to Justice AZCUNA, it is defined as a
special constitutional writ to protect or enforce a
constitutional right (other than physical liberty
which the writ of habeas corpus guarantees), in
consonance with the power of the Supreme Court to
adopt rules to protect or enforce constitutional
rights.

(An exerpt from the commentary of Atty. Khan, Jr.)
 

1. Citizenship

Take note particularly the case of Sandiganbayan Justice Gregory Ong. As we all know, Justice Ong’s appointment has been challenged on the ground that he is not a natural-born Filipino citizen.

Issue: WON Justice Ong is a natural-born Filipino citizen

Ans. According to Fr. Joaquin Bernas, S.J. and Isagani Cruz (grandpapa and dad respectively), Justice Ong is deemed natural-born Filipino citizen by virtue of the 1935 Constitution and under the 1987 Constitution.

According to grandpapa and dad, Justice Ong’s natural-born status was premised on the Filipino status of his mother DY GUIOK SANTOS. His mother is a Filipino citizen at the time of her marriage. Thus, by operation of the fundamental law of the land he is deemed a natural-born Filipino citizen.

tidbits:

I’ve read in the news, the SC en banc denied his appointment as the 15th member of the court. Last week, Justice Gregory Ong withdrew already his nomination as SC justice. However, (despite of this), Ombudsman Special Prosecutor Villa-Ignacio still questions his nationality before the SC. He said that Justice Ong’s continued tenure at Sandiganbayan would be prejudicial to the cases he is handling because of Justice’s citizenship status. [tsk tsk kawawa nman siya... malamang madami cyang nabangga sa appointment nya] How absurd?! He became a LAWYER, PROSECUTOR, JUDGE and a JUSTICE of the Sandiganbayan without any of his nationality being questioned.

Now, Justice Ong filed already a case before the Pasig RTC to order the Civil Registrar of San Juan to correct the entry in his birth certificate that noted his citizenship as Chinese. [anak ng tokwa!!!! issue nanaman ito!?! What case kaya did he filed??? under Rule 108 of the Rules of Court ba or under R.A. No. 9048??? Will the case prosper???? I dunno... the case is still pending pa nga eh]

2. Read Human Security Act, and the Bill of Rights (1987 Constitution). The implication of the two and its importance. Also, I think integrate the two to what is happening to our Country.

MINNESOTA PROTOCOL:

According to Justice Azcuna, a person last seen with the military, shall be presumed in military custody upon his disappearance.

3. Cases:

Read the cases under Senior Citizens Act penned by Justice Azcuna. The case of Bayan vs. Ermita about B.P. 880 which is also penned by Justice Azcuna. Also, the case of St. Luke’s Union vs. NLRC penned by Justice Azcuna. Lastly, the case of Valenzuela vs. People (21 June 2007).

In the last case mentioned, the SC held that no more crime of frustrated theft. Freedom to dispose is no longer an element. Mere fact of unlawful possession of the article is sufficient for conviction.

4. Writ of Amparo

Relate to Sec. 5, Article VIII, 1987 Constitution.

{N.B. This tips was handed (literally po tlga) to me by Ms. Noreen. The term “Minnesota Protocol” was contributed by Cliff.}

Cases decided by Justice Adolfo Azcuna

1. Republic of Indonesia vs. Vinzon (2003)

   - On a foreign state’s immunity from suit.

    

2. Tecson vs. COMELEC (2004);separate opinion

   - On the nationality of presidential candidate Fernando Poe, Jr.

    

3. MWSS vs. Hon. Daway (2004)

   - On scope of advertisement ban covering candidates for senatorial election.

    

4. Abello vs. CIR (2005)

   - On taxability of political contributions for donor’s tax.

    

5. ABAKADA vs. Ermita (2005); concurring and dissenting opinion

   - On constitutionality of 2005 EVAT

    

6. BAYAN vs. Ermita (2006)

   - On constitutionality of rally permit requirement and policy of calibrated preemptive response.

    

7. Lambino vs. COMELEC (2006); separate opinion

   - On people’s initiative as a mode to amend the constitution.