Technique 2ND SEM 01092025 For Preparing The Bar Exam
Technique 2ND SEM 01092025 For Preparing The Bar Exam
1. Preparation for the Bar exam begins the very moment you enter law
school.
• 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
• 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
• 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
• 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 Improve your handwriting (No longer applicable)
• 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.
• Pray more.
• Always remember your goal of becoming a lawyer.
DURING SEPTEMBER AND THE BAR EXAM
• 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.
• 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
• 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
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
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
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of tenses, singular and plural form, which are basic even high school students, are
not properly constructed.”