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Technique 2ND SEM 01092025 For Preparing The Bar Exam

The document provides a comprehensive guide on preparing for the Bar exam, emphasizing the importance of consistent study habits, understanding legal principles, and managing stress. It advises candidates to utilize Bar review centers, create a structured study schedule, and maintain a healthy lifestyle leading up to the exam. Additionally, it offers strategies for answering exam questions effectively and managing time during the test.
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0% found this document useful (0 votes)
27 views42 pages

Technique 2ND SEM 01092025 For Preparing The Bar Exam

The document provides a comprehensive guide on preparing for the Bar exam, emphasizing the importance of consistent study habits, understanding legal principles, and managing stress. It advises candidates to utilize Bar review centers, create a structured study schedule, and maintain a healthy lifestyle leading up to the exam. Additionally, it offers strategies for answering exam questions effectively and managing time during the test.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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TECHNIQUE IN PREPARING FOR THE BAR

1. Preparation for the Bar exam begins the very moment you enter law
school.

• Starting today study as if you are taking the Bar exam


• Take the four- year law school as an opportunity to review for the Bar
exam
• During the Bar exam stock knowledge of the law is very useful
• Cramming is no way to prepare for Bar exam, if you are practicing it
now find a way to revise that is suitable for you & stick to it
2. Focus & be smart

• The bar exam is testing more than your memory and understanding. It
mainly testing your ability of the application of the law, rules and
jurisprudence.
• Its testing your ability ability analyse legal problems and to appy of the
above
• Always consult to the Bar Syllabus by the Supreme Court.
• Study the past Bar exam questions and answers, look for trends,
pattern & repetitions
• Passive studying is ineffective and hinder your understanding of
complex problem
3. Materials to read

• Codals, jurisprudence, law books and reviewer (regular law course)


• Stick to your materials you used in completing the law course, buy
only the amended one

• But focus on the important codal provisions during your pre bar
proper, it is highly impossible to read all those provisions during the
five or six months review
4. Watch your English

• English is your tool to communicate your answer to the examiner


• Wrong English is one of the reasons of high failure rates
5. Enroll in a Bar Review Center

• Take advantage of Bar review center, it will help you review the
fundamentals of law and understand how the bar exam is organized .
• Review center help you updates important amendment/s of the law
and latest jurisprudence
• Help you increase your confidence
• But sometimes reading your review materials will be more effective
than attending a lecture because you have the belief that the topic to
be discussed is your strongest point
6. Make a Bar review Schedule

• A pre-bar review schedule is your guide in navigating the entire six


months, select a review center that has an organized review program,
avoid review centers with a mishmash schedule , for example political
law is discussed in one day, succession on the next day and the labor
law thereafter.
7. Enjoy your Bar Review but stay focus

• Remember you are now in full control of time, no more recitations, no


more assignments, you can do whatever you do, you can stay at home
and your favorite shops

• Stay healthy, eat healthy food, exercise and get enough sleep, you have
no right to get sick during this period
8. Improve your handwriting (No longer applicable)

• Handwriting is highly important in the essay examinations. Allot at least


thirty minutes a day for handwriting exercises this will help you to
improve your handwriting and to withstand the rigid almost seven hours
of continuous writing on the examination day.

• Your answers may be all correct and logical except of your illegible
handwriting all your investment will go down the drain. Remember that
there are six thousand or more booklets to check and if your
handwriting is difficult to read the examiner most probably will not give
time to check your booklet.
9. Be calm

• Do not panic, learn to relax , never compare your progress or pace with
your co-reviewees or friends. Everyone has different study habits which
are varies from the other and each one has different capability to retain
and comprehend things
10.Don’t study the day before the exam

• Cramming is totally will not help you at this time. Getting some rest,
watching TV programs and relaxing is highly recommended
11. Final reminder.

Stay updated on current laws and jurisprudence.


•Practice, practice, practice: Regularly answer sample questions.
•Get enough rest and maintain a healthy lifestyle.
•Manage your time effectively.
•Stay calm and focus.
•Believe in yourself: Stay confident and focused throughout the
examination.
12. Do your best and God will take care of the rest.

• Pray more.
• Always remember your goal of becoming a lawyer.
DURING SEPTEMBER AND THE BAR EXAM

ATTEND OR LISTEN TO PRE-WEEK LECTURES

Pre-week lectures are important. This is where experienced pre-week lecturers


condense or synthesize the law and concentrate on the topics or areas which are most
likely to be asked in the bar examination. A law graduate does not have the degree of
knowledge of the bar subject and the intuitive feel for what are the important topics
and probable bar exam questions which an experienced bar review lecturer has. A bar
reviewee who forgoes entirely the pre-week lectures would be missing out on a vital
area of bar exam preparation. (Proof. Manuel R. Riguera, advice to the Bar Examinee ,
2017 ed.)
AVOID UNNECESSARY STRESS AND DISTRACTIONS.

• Some stress and nervousness is unavoidable during the review and exam week
and in fact helps to drive you harder in your studies.
• However undue and excessive stress and nerves is an enemy of the bar
examinee as it results in lack of sleep and hinders proper thinking both while
studying and taking the exam itself.
• If you feel that you are unduly stressed or worried, learn relaxation techniques
like yoga and deep breathing.
• Prayer and meditation are powerful relaxation techniques. (id)
Ignore useless distractions. Usually rumors of who the examiner is
become widespread during this time and examinees worry
themselves silly with the type of questions the rumored examiner
usually asks and with obtaining notes and materials written by or
about the rumored examiner. This is just a useless exercise which
would distract you from doing what should be done: studying. All
examiners are in the main bound by an unwritten law that their
questions should be on the basics of the law and on significant
jurisprudence. So just ignore rumors or information on the
examiner’s identity and stick your nose to your review materials. (id)
GET ENOUGH SLEEP ON THE NIGHT BEFORE THE EXAM.

• This advice cannot be overemphasized.


• Adequate sleep makes the mind sharper and allows us to recall what
we have studied with facility.
• So do not make the mistake of studying until the witching hour.
• The extra hours of study is not worth it if you find yourself sleepy and
thinking sluggishly during the bar exam. (id)
Taking sleeping pills is not advisable.

• They often have the side effect of muddling up your thinking.


• There was an examinee who, finding himself unable to sleep the night
before the Civil Law exam, popped a sleeping pill.
• He was able to sleep all right, but the next day he found himself
unable to distinguish between loco parentis and crazy momma. (id)
REMEMBER TO FOLLOW INSTRUCTIONS.

• Before you start reading and answering the questions, take the time to
first read and understand the instructions.
• Quite a lot of examinees in their eagerness go straight to reading and
answering the questions without bothering to read the instructions.
• This could be disastrous.
NEVER LEAVE ANY QUESTION UNANSWERED.

• Even if you are clueless as to the answer to a question, give it your best
try.
• Never leave any question unanswered.
• The examiner may feel slighted if you do not answer a question.
• He may think that you felt that the question was not properly crafted that
is why did not answer it.
• Moreover a blank response will get you zero while giving it your best
shot could net you 2 or 3 points which could spell the difference between
flunking and passing.(id)
MANAGE YOUR TIME WISELY.

• Many examinees spend too much time on the first part of the exam only
to find themselves rushing through the second part or worse running out
of time and leaving some questions unanswered.
• Learn to pace yourself properly.
• Taking mock bar exams will help you learn how to pace yourself in an 18-
to-20 question examination.
• Aim to answer at least ½ of the total items plus 1 by the halfway mark.
Thus, if the exam is from 8 am to 12 noon with 20 items, aim to answer
at least 11 items by 10 a.m. (id)
DO NOT BE FLUSTERED BY “SHOCK AND AWE” QUESTIONS.

• Those who took the 1991 Bar Examination will never forget the
infamous first question in Political Law: “What is the Writ of Amparo?
Discuss its constitutional basis.”
• Considering that the only Amparo we knew of was Amparo Muñoz (the
1974 Miss Universe who won her title in Manila, if you’re a Millennial),
the question had the effect of a sneak punch to the solar plexus. (id)
AFTER THE EXAM

DO NOT DISCUSS THE ANSWERS TO THE QUESTIONS.

• After you have taken a bar exam in a particular subject, forget about it
and concentrate on preparing and studying for the next bar exam
subject.
• After all you cannot undo what you have already written.
• Avoid discussing the probable answers and avoid people who delight in
discussing them.
• The time spent on arguing and discussing the probable answers is better
spent relaxing and preparing for the next exam.
TIPS ON HOW TO ANSWER
THE BAR EXAMS

Newlyweds Sam and Sienna had contracted with Sangria for their
Answer (1) : No. the doctrine of proximate
wedding reception.
cause does not apply.
The couple was so unhappy with the service, claiming,
among other things, that there was an unreasonable delay in the
Legal basis:
service of dinner and that certain items promised were
unavailable.
Jurisprudence provides that the doctrine of
The hotel claims that, while there was a delay in the
proximate cause applies only in actions for
service of the meals, the same was occasioned by the sudden
quasi-delict. It does not apply in actions
increase of guests to 450 from the guaranteed expected number
involving a breach of contract.
of 350, as stated in the Banquet and meeting Services Contract.
In action for damages for breach of contract instituted
Application:
by the couple, they claimed that the Banquet and Meeting
In this case, there is service contract between
Services Contract was a contract of adhesion since they only
the spouses and Sangria Hotel
provided the number of guests and chose the menu. On the
hotel’s defense was that the proximate cause of the
Conclusion:
complainant’s injury was the unexpected increase in their guest,
and this was what set the chain of events that resulted in the
Hence, the doctrine of proximate cause will not
alleged inconveniences
apply.
Does the doctrine of proximate cause apply in this case? (2.5%)
TIPS ON HOW TO ANSWER
THE BAR EXAMS

Newlyweds Sam and Sienna had contracted with Sangria for their
wedding reception. Answer (2):
The couple was so unhappy with the service, claiming,
among other things, that there was an unreasonable delay in the No. the doctrine of proximate cause does not
service of dinner and that certain items promised were apply.
unavailable.
The hotel claims that, while there was a delay in the Legal basis:
service of the meals, the same was occasioned by the sudden
increase of guests to 450 from the guaranteed expected number Jurisprudence dictates that the doctrine of
of 350, as stated in the Banquet and meeting Services Contract. proximate cause is a devise for imputing
In action for damages for breach of contract instituted liability where there is no pre-existing
by the couple, they claimed that the Banquet and Meeting contractual relation between the parties.
Services Contract was a contract of adhesion since they only
provided the number of guests and chose the menu. On the Application & Conclusion:
hotel’s defense was that the proximate cause of the
complainant’s injury was the unexpected increase in their guest, Since there is a service contract between the
and this was what set the chain of events that resulted in the spouses and Sangria Hotel, the doctrine of
alleged inconveniences proximate cause will not apply.
Does the doctrine of proximate cause apply in this case? (2.5%)
TIPS ON HOW TO ANSWER
THE BAR EXAMS

Newlyweds Sam and Sienna had contracted with Sangria for their
wedding reception.
The couple was so unhappy with the service, claiming, Answer (3) No, the doctrine does not apply.
among other things, that there was an unreasonable delay in the
service of dinner and that certain items promised were Legal basis:
unavailable. According to jurisprudence the doctrine of
The hotel claims that, while there was a delay in the proximate cause applies only in quasi-delict
service of the meals, the same was occasioned by the sudden cases.
increase of guests to 450 from the guaranteed expected number
of 350, as stated in the Banquet and meeting Services Contract. Application:
In action for damages for breach of contract instituted The case at bar involves a breach of contract,
by the couple, they claimed that the Banquet and Meeting not a quasi-delict.
Services Contract was a contract of adhesion since they only
provided the number of guests and chose the menu. On the Conclusion:
hotel’s defense was that the proximate cause of the Therefore, the doctrine of proximate cause
complainant’s injury was the unexpected increase in their guest, does not apply.
and this was what set the chain of events that resulted in the
alleged inconveniences
Does the doctrine of proximate cause apply in this case? (2.5%)
TIPS ON HOW TO ANSWER
THE BAR EXAMS

Newlyweds Sam and Sienna had contracted with Sangria for their
wedding reception.
The couple was so unhappy with the service, claiming,
among other things, that there was an unreasonable delay in the Answer & Legal basis:
service of dinner and that certain items promised were
unavailable. Answer (4) No. the doctrine should not apply
The hotel claims that, while there was a delay in the because proximate cause applies only in quasi-
service of the meals, the same was occasioned by the sudden delict cases.
increase of guests to 450 from the guaranteed expected number
of 350, as stated in the Banquet and meeting Services Contract. Application:
In action for damages for breach of contract instituted The case at bar is a case involving a contract
by the couple, they claimed that the Banquet and Meeting between the parties, not a quasi-delict.
Services Contract was a contract of adhesion since they only
provided the number of guests and chose the menu. On the
hotel’s defense was that the proximate cause of the
complainant’s injury was the unexpected increase in their guest,
and this was what set the chain of events that resulted in the
alleged inconveniences
Does the doctrine of proximate cause apply in this case? (2.5%)
TIPS ON HOW TO ANSWER
THE BAR EXAMS

Newlyweds Sam and Sienna had contracted with Sangria for their
wedding reception.
The couple was so unhappy with the service, claiming,
among other things, that there was an unreasonable delay in the
service of dinner and that certain items promised were
unavailable. Answer & Legal basis:
The hotel claims that, while there was a delay in the
service of the meals, the same was occasioned by the sudden Answer (5) No. the doctrine should not apply
increase of guests to 450 from the guaranteed expected number because proximate cause applies only in quasi-
of 350, as stated in the Banquet and meeting Services Contract. delict cases.
In action for damages for breach of contract instituted
by the couple, they claimed that the Banquet and Meeting
Services Contract was a contract of adhesion since they only
provided the number of guests and chose the menu. On the
hotel’s defense was that the proximate cause of the
complainant’s injury was the unexpected increase in their guest,
and this was what set the chain of events that resulted in the
alleged inconveniences
Does the doctrine of proximate cause apply in this case? (2.5%)
TIPS ON HOW TO ANSWER
THE BAR EXAMS

Newlyweds Sam and Sienna had contracted with Sangria for their
wedding reception. Answer(6) : Yes, the doctrine applies
The couple was so unhappy with the service, claiming,
among other things, that there was an unreasonable delay in the Legal basis: Jurisprudence defines proximate cause
service of dinner and that certain items promised were that which, in natural and continuous sequence,
unavailable. unbroken by any efficient intervening cause, produces
The hotel claims that, while there was a delay in the the injury and without which the result would not
have occurred.
service of the meals, the same was occasioned by the sudden
increase of guests to 450 from the guaranteed expected number Application:
of 350, as stated in the Banquet and meeting Services Contract. In this case, the spouses were the proximate cause of
In action for damages for breach of contract instituted their injury since they exceeded the number of
by the couple, they claimed that the Banquet and Meeting guaranteed guest provided in the service contract.
Services Contract was a contract of adhesion since they only
provided the number of guests and chose the menu. On the Therefore, the doctrine applies.
hotel’s defense was that the proximate cause of the
It’s Answering a different question.
complainant’s injury was the unexpected increase in their guest,
and this was what set the chain of events that resulted in the Who is the proximate cause of the injury.
alleged inconveniences Law
Does the doctrine of proximate cause apply in this case? (2.5%)
TIPS ON HOW TO ANSWER
THE BAR EXAMS

Newlyweds Sam and Sienna had contracted with Sangria for their
wedding reception.
Answer (7):
The couple was so unhappy with the service, claiming,
Yes the doctrine applies.
among other things, that there was an unreasonable delay in the
service of dinner and that certain items promised were
Legal basis
unavailable.
The hotel claims that, while there was a delay in the
According to jurisprudence, who has unclean
service of the meals, the same was occasioned by the sudden
hands cannot seek relief from the courts.
increase of guests to 450 from the guaranteed expected number
of 350, as stated in the Banquet and meeting Services Contract.
Application
In action for damages for breach of contract instituted
by the couple, they claimed that the Banquet and Meeting
In the case at bar, the doctrine of the proximate
Services Contract was a contract of adhesion since they only
case will aid the court in determining whether
provided the number of guests and chose the menu. On the
the spouses should be allowed to seek relief
hotel’s defense was that the proximate cause of the
complainant’s injury was the unexpected increase in their guest,
Conclusion
and this was what set the chain of events that resulted in the
alleged inconveniences
Thus, the doctrine applies
Does the doctrine of proximate cause apply in this case? (2.5%)
TIPS ON HOW TO ANSWER
THE BAR EXAMS

Newlyweds Sam and Sienna had contracted with Sangria for their
wedding reception.
The couple was so unhappy with the service, claiming,
among other things, that there was an unreasonable delay in the
service of dinner and that certain items promised were
unavailable. Answer (8)
The hotel claims that, while there was a delay in the
service of the meals, the same was occasioned by the sudden
increase of guests to 450 from the guaranteed expected number No. it should not apply.
of 350, as stated in the Banquet and meeting Services Contract.
In action for damages for breach of contract instituted 0.5 out 2.5%
by the couple, they claimed that the Banquet and Meeting
Services Contract was a contract of adhesion since they only
provided the number of guests and chose the menu. On the Blank 0
hotel’s defense was that the proximate cause of the
complainant’s injury was the unexpected increase in their guest,
and this was what set the chain of events that resulted in the
alleged inconveniences
Does the doctrine of proximate cause apply in this case? (2.5%)
TIPS ON HOW TO ANSWER
THE BAR EXAMS

Sammy and Santi are cousins who separately inherited two (2) Answer
No. Santi cannot successfully file the legal action.
adjoining lots form their grandfather. Sammy is based overseas
but wants to earn income from his inherited land, so he asked a Legal basis 1

local contractor to build a row of apartment on his property First, the Civil Code provides that if both the land owner the
which he could rent out. landowner and the builder acted in bad faith, they are treated as if
they acted in good faith.

The contractor sent him the plans and Sammy notice that the Legal basis 2

construction encroached on a part of Santi’s land but he said Second, if both parties in good faith, the provides the
nothing and gave approval to construct based on the plans landowner with only two options in case a builder builds on his
property: he can either appropriate for himself the property built after
submitted by the legal contractor. paying indemnity, or he can oblige the builder to pay the price of the
land.

Santi, based locally, and who love his cousin dearly, did not Application
object even if he knew the encroachment since he was privy to
In the case at bar, Sammy knew he was building on Santi’s
the plans and visited the property regularly. property and Santi knew about encroachment as he was privy to the
plans. Since both acted in bad faith, the case will be treated as if they
both acted in good faith.
Later, the cousins had a falling out and Santi demanded that the
portion of the apartments that encroached on his land be Conclusion

demolished. Thus, Santi cannot successfully file an action for demolition as


Can Santi successfully the legal action to require the demolition? this is not one of his option provided in the Civil Cod. 152 words
Law
(5%)
TIPS ON HOW TO ANSWER
THE BAR EXAMS

Answer (2)
Sammy and Santi are cousins who separately inherited two (2)
adjoining lots form their grandfather. Sammy is based overseas No, Santi cannot successfully file a legal action for
but wants to earn income from his inherited land, so he asked a demolition.
local contractor to build a row of apartment on his property Legal Basis
which he could rent out. 1& 2

The law provides that when the landowner and builder are in bad
The contractor sent him the plans and Sammy notice that the faith, they will be considered as if they are in good faith. If the builder is
construction encroached on a part of Santi’s land but he said in good faith, the landowner cannot demand the demolition of the
property but may only : (a) appropriate the same upon paying the price,
nothing and gave approval to construct based on the plans or (b) require the builder to pay for the price of the land encroached.
submitted by the legal contractor.
Application
Here, Sammy knew he encroaching on Santi’s property,
Santi, based locally, and who love his cousin dearly, did not while Santi did not object despite knowledge of the
object even if he knew the encroachment since he was privy to encroachment.
the plans and visited the property regularly.
Conclusion
Thus, both shall be considered in good faith and Santi’s
Later, the cousins had a falling out and Santi demanded that the option as a landowner are limited to appropriating the
portion of the apartments that encroached on his land be property upon paying its price or requiring the builder, Sammy,
demolished. to pay for the price of the land encroach. Under the law, Santi
is not given the option to demand the demolition of the
Can Santi successfully the legal action to require the demolition? property. 153 words
(5%)
TIPS ON HOW TO ANSWER
THE BAR EXAMS

Sammy and Santi are cousins who separately inherited two (2) Answer (3)
adjoining lots form their grandfather. Sammy is based overseas
Answer No Santi cannot successfully file an action.
but wants to earn income from his inherited land, so he asked a
local contractor to build a row of apartment on his property Legal basis
which he could rent out.
Under the Civil Code, if both parties are in good faith,
The contractor sent him the plans and Sammy notice that the the landowner only has two options in case someone
construction encroached on a part of Santi’s land but he said builds on his land : either he appropriates for himself
nothing and gave approval to construct based on the plans what was built after paying indemnity or he can sell
submitted by the legal contractor. the land to the builder.

Application
Santi, based locally, and who love his cousin dearly, did not
object even if he knew the encroachment since he was privy to In this case, Sammy and Santi both knew about the
the plans and visited the property regularly. encroachment. Since both acted in bad faith.

Later, the cousins had a falling out and Santi demanded that the Conclusion Thus, Santi cannot successfully file an
portion of the apartments that encroached on his land be action for demolition as this is not one of his options
demolished. under the law.
Can Santi successfully the legal action to require the demolition?
(5%)
TIPS ON HOW TO ANSWER
THE BAR EXAMS
Answer (4)

Sammy and Santi are cousins who separately inherited two (2) Answer No Santi cannot successfully file an action.
adjoining lots form their grandfather. Sammy is based overseas
but wants to earn income from his inherited land, so he asked a Legal basis
local contractor to build a row of apartment on his property
which he could rent out. Under the Civil Code, if both parties are in good faith,
the landowner only has two options in case someone
builds on his land : either he appropriates for himself
The contractor sent him the plans and Sammy notice that the
what was built after paying indemnity or he can sell
construction encroached on a part of Santi’s land but he said the land to the builder.
nothing and gave approval to construct based on the plans The land owner can only seek demolition if he
submitted by the legal contractor. exercises his option to sell the land land but the
builder does not want to pay for it.
Santi, based locally, and who love his cousin dearly, did not
object even if he knew the encroachment since he was privy to Application
the plans and visited the property regularly.
In this case, Sammy and Santi both knew about the
encroachment. Since both acted in bad faith.
Later, the cousins had a falling out and Santi demanded that the
portion of the apartments that encroached on his land be Conclusion Thus, Santi cannot successfully file an
demolished. action for demolition as this is not one of options
Can Santi successfully the legal action to require the demolition? under the law.
(5%)
TIPS ON HOW TO ANSWER
THE BAR EXAMS

Answer (5), Santi cannot successfully file the


Sammy and Santi are cousins who separately inherited two (2) legal action
adjoining lots form their grandfather. Sammy is based overseas
but wants to earn income from his inherited land, so he asked a Legal basis
local contractor to build a row of apartment on his property
which he could rent out. The Civil Code provides that representations made by
a person through words or deeds shall be conclusive upon him
The contractor sent him the plans and Sammy notice that the and he shall be barred by estoppel from the denying them
against someone who relied on such representations.
construction encroached on a part of Santi’s land but he said
nothing and gave approval to construct based on the plans Application
submitted by the legal contractor.
In the case at bar, it is clear that Santi knew of the
encroach as he was privy to the plans and visited the property
Santi, based locally, and who love his cousin dearly, did not regularly. This gave Sammy the impression that Santi is
object even if he knew the encroachment since he was privy to allowing the encroach, as the latter did not express any
the plans and visited the property regularly. objection while the structure was being built.

Conclusion
Later, the cousins had a falling out and Santi demanded that the
portion of the apartments that encroached on his land be Consequently, Santi now estopped from demanding
demolished. that the portion of the apartment on his lot be removed since
this was built with his implied consent
Can Santi successfully the legal action to require the demolition?
(5%) The answer misses the applicable law completely 1 out of 5%
TIPS ON HOW TO ANSWER
THE BAR EXAMS

Sammy and Santi are cousins who separately inherited two (2) Answer (6)
adjoining lots form their grandfather. Sammy is based overseas
Yes, Santi can successfully file the legal action
but wants to earn income from his inherited land, so he asked a
local contractor to build a row of apartment on his property Legal basis
which he could rent out.
According to the Civil Code, the owner of the land on which
anything has been built in bad faith may demand the
The contractor sent him the plans and Sammy notice that the demolition of the work.
construction encroached on a part of Santi’s land but he said
Application In the case at bar, the fact that Sammy knew he
nothing and gave approval to construct based on the plans
was building on the land owned by Santi proves that he acted
submitted by the legal contractor. in bad faith. On the other hand, mere knowledge of such
encroachment is not tantamount to bad faith, since faith
Santi, based locally, and who love his cousin dearly, did not connotes a dishonest purpose which partakes the nature of
fraud.
object even if he knew the encroachment since he was privy to
the plans and visited the property regularly. Conclusion
Therefore, since the landowner acted in good faith and the
builder acted in bad faith, Santi can successfully file the action
Later, the cousins had a falling out and Santi demanded that the
for demolition.
portion of the apartments that encroached on his land be
demolished. 1% out of 5% answer is wrong but at least the issue was seen
Can Santi successfully the legal action to require the demolition? and the applicable provision was cited
(5%)
TIPS ON HOW TO ANSWER
THE BAR EXAMS

Sammy and Santi are cousins who separately inherited two (2)
adjoining lots form their grandfather. Sammy is based overseas Answer 7
but wants to earn income from his inherited land, so he asked a
local contractor to build a row of apartment on his property Yes Santi can file the legal action
which he could rent out.
Legal basis
The contractor sent him the plans and Sammy notice that the
construction encroached on a part of Santi’s land but he said However, the success of the action is dependent
nothing and gave approval to construct based on the plans upon the judge who will hear the case, as well as
submitted by the legal contractor. the arguments and pieces of evidence that will
be presented by the parties.
Santi, based locally, and who love his cousin dearly, did not
object even if he knew the encroachment since he was privy to Conclusion
the plans and visited the property regularly.
In this case, if the court finds that Santi has the
Later, the cousins had a falling out and Santi demanded that the right to proceed with the demolition, then
portion of the apartments that encroached on his land be Santi’s legal action will prosper.
demolished.
Can Santi successfully the legal action to require the demolition? 0.5% out of 5%
(5%)
A

C
A

A
A

relationship

A
C
Common Feedback

“Examinees do not give legal bases to their answers”

“Candidates struggled with constructing coherent and concise sentences. Answers


were often verbose yet lacked substance, making it difficult to discern legal
reasoning.”

“Instead of presenting a clear thesis followed by supporting arguments, candidates


tended to write overly long sentences with no logical flow”

“Many examinees cannot spot the issue”

“They do not directly respond to the question. They give answers which are not even
asked in the problem. They add facts which are not even relevant to the given
problem.”
Common Feedback

“Several candidates demonstrated a lack of proficiency in grammar and spelling,


which significantly impacted the clarity of their answers.”

“When the grammar is distracting, the checking is frustrating.”

“A great number of examinees do not have a strong command of the English


language. They cannot express in simple sentences their thoughts.”

“Simple English grammar rules such Syntax, subject-verb agreement, proper use
of tenses, singular and plural form, which are basic even high school students, are
not properly constructed.”

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