How to effectively answer and pass the Bar Examinations

SLAYING THE BAR DRAGON

Niko Aguilar
WHAT WE KNOW SO
FAR
1. Relax
2. Weight of the Bar Subjects
3. Bar Syllabus
4. Prioritize Important Topics
 MORE PECULIAR
THINGS THAT WE NEED
TO KNOW
1. Review Materials
2. Review Center
3. Review Schedule
4. Way of Answering
 REVIEW MATERIALS

. Choose a material you’re comfortable to read.

. Q and A type of materials are usually friendlier.

. Stick to only one review material.*

. Book Reviewers are often more comprehensive than school-based reviewers.

. CODALS ARE ESSENTIAL.

 REVIEW SCHEDULE

. Make a schedule and stick to it.

. Don’t stress yourself with the need to do a 2nd, 3rd, etc. reading.
 POLITICAL LAW

. Political Law is heavily doctrinal. Find a book that summarizes cases.

. Most political law bar questions rely on settled doctrines. Do not stress yourself over novel doctrines
that have appeared only once.

. WHAT I USED: Ateneo Blue Tips

. Recommendations: Nachura (caveat), Ateneo notes

 LABOR LAW

. Labor law is case-intensive. You need a good book that discusses jurisprudence.

. There are many isolated doctrines in labor law. Example: Doctrine of Promissory Estoppel. Avoid
stressing yourselves by these doctrines.

. What I used: Chan

 CIVIL LAW

. Civil Law is a mix of basic codal provisions plus doctrinal cases.

. Look for a codal-based reviewer with many examples.

. What I used: Rabuya’s Pre-Bar Reviewer. I used Aquino’s civil law reviewer in 4th year.
 TAXATION LAW

. Tax requires a very good book with very accurate explanations.

. It requires brief but comprehensible discussions.

. What I used: Taxation Law Reviewer by Atty. Jason Barlis

 COMMERCIAL LAW

. Commercial law is very long. Sometimes, doctrinal cases are also very essential.

. What I used: Sundiang-Aquino’s Commercial Law Reviewer, Divina’s Reviewer

 CRIMINAL LAW

. Criminal Law requires so many examples.

. What I used: Campanilla

 REMEDIAL

. Civpro- Codal

. Crimpro- Riguera

. Evidence - Riguera

. Specpro- Riguera
 LEGAL ETHICS

. UP BOC
WAY OF ANSWERING
 THINGS TO
REMEMBER
1. Issue spotting
2. Sorting out relevant and irrelevant facts
3. Good grasp of basic English grammar
4. Shortening usual terms used
 QUESTION

1. In 1993, historians confirmed that during World War II, "comfort women" were forced into serving
the Japanese military. These women were either abducted or lured by false promises of jobs as cooks
or waitresses, and eventually forced against their will to have sex with Japanese soldiers on a daily
basis during the course of the war, and often suffered from severe beatings and venereal diseases. The
Japanese government contends that the "comfort stations" were run as "onsite military brothels" (or
prostitution houses) by private operators, and not by the Japanese military. There were many Filipina
"comfort women."

Can the Filipina “comfort women” sue Japan before the International Court of Justice?
 QUESTION

No, the Filipina Comfort Women cannot sue before the International Court of Justice.
Under the Statute of the International Criminal Court, only states to the ICJ Statute may be parties to
any suit before the ICJ.
 QUESTION

No, the Filipina Comfort Women cannot sue before the International Court of Justice.
Under International Law, war victims cannot sue before the ICJ, since the recourse must be from
domestic courts.
Here, the comfort women are war victims.
Hence, they cannot sue before the ICJ, but rather, they should sue before domestic courts.
 QUESTION 2

Mr. A is an engineer employed by X Systems Technology Inc., a Philippine-registered technology firm.

In 2021, Mr. A was sent by X Systems Technology Inc. to work in Japan with Z Systems Technology,
branch of X Systems Technology Inc., registered under the laws of Japan. X Systems Technology Inc.
and Z systems Technology agreed that Mr. A will be working for Z Systems Technology Inc. for 3
months, and the salaries shall be paid by Z Systems Technology. While in Japan, Mr. A also earned
income from diagnosing computer systems of his neighbors in his condo unit. Will the income of Mr. A
from working in Japan with Z Systems Technology Inc., and from diagnosing computer systems from
his neighbors subject to Philippine Income Tax? Explain.
 QUESTION 2
Yes, the income of Mr. A be subject to Philippine Income Tax.

Under the Tax Code, the income sourced from within and without of a resident citizen is subject to
Philippine Income Tax.

Here, Mr. A is a resident citizen because his employment in Japan with Z systems technology does not
require him to be in Japan most of the time during the taxable year, as he will only be there for three
months.

Hence, Mr. A’s income will be subject to Philippine Income Tax.

 QUESTION 3

Mr. B is cashier employed by SM Corp., serving in one of the branches of its grocery store. In
numerous occasions, Mr. B was caught stealing money from the cash register, but was merely
reprimanded or suspended. However, at one time, Mr. B was caught stealing a 1000-peso bill. This
prompted SM Corp to immediately dismiss him on the same day. Mr. B then filed a case for illegal
dismissal. He claimed that he was illegally dismissed because he was not afforded due process. Was
Mr. B illegally dismissed? Explain.

>when is there an illegal dismissal? - when the cause of the dismissal is not just or authorized cause
 QUESTION 3
No,Mr.
No, Mr.BBwas
wasnot
notillegally
illegallydismissed.
dismissed.
Under the Labor Code, a dismissal based on a just or authorized cause is valid or legal.
Here, he was caught stealing
several
Here, thetimes and was
dismissal was based on a just cause, or serious misconduct because of the numerous occasions
reprimanded
that Mr. B wasmany times.
stealing. The lack of due process afforded to him does not affect the validity of the
Stealing is
dismissal, butone of theentitles
merely groundshim to damages.
for dismissal.
Hence, Mr. B was not illegally dismissed.
Therefore, Mr. B was not
illegally dismissed.
 QUESTION 4

Mr. A filed a case for damages against Mr. B. Mr. B filed his answer. In Mr. B’s answer, he admitted all
the allegations in the complaint, but raised an affirmative defense of prescription, alleging that the
cause of action arose 10 years ago. After filing his answer, Mr. B filed a motion for judgment on the
pleadings. Should Mr. B’s motion for judgment on the pleadings be granted? Explain.

Motion for summary judgment =/= motion for judgment on the pleadings
 QUESTION 4
No, Yes, Mr. B'sfor
the motion motion for on the pleadings should be denied.
judgment
judgment on the pleadings will
be granted.
Under the Rules of Civil Procedure, a motion for judgment on the pleadings may be filed by the plaintiff if
the answer fails to tender an issue.
Hence, the accused admitted all
theMr.
Here, allegations in the
B is not the complaint,
plaintiff, but rather, the defendant.
and the said answer has not
tendered
Hence, any issue.
the motion should be denied.

Therefore, Mr. B's motion for

judgment on the pleading will
be granted.
 QUESTION 3

1. Seeking to declare a local ordinance in the City of Baguio as unconstitutional for being arbitrary and
oppressive, X filed a Petition for Certiorari and Prohibition before the Supreme Court.

a. Does the Supreme Court have jurisdiction over the Petition for Certiorari and Prohibition?
b. Should the Supreme Court take cognizance of the Petition for Certiorari and Prohibition?
 QUESTION 3
Yes,
No, thethe case
case forfor trademark
trademark infringement will not prosper.
infringement will prosper.
Under the Intellectual Property Code, a trademark must be registered in order to avail of protection,
According
including, buttonot
R.A. 166 registred
limited to a prosecution for trademark infringement.
trademark is only valid for 10
years,
Here, after
Mr. D didwhich
not it needs ti
register betrademark. Although he is a prior user, he is merely entitled to use the
the
renewed.
said In this
trademark, butcase, it's prosecute Mr. C for infringement.
cannot
already 15 years that he is
using the
Hence, the case
said trademark.
for trademark infringement will not prosper.

Therefore, the case for

trademark infringement will
surely prosper.
 QUESTION 4

Mr. A filed a case for damages against Mr. B. Mr. B filed his answer. In Mr. B’s answer, he admitted all
the allegations in the complaint, but raised an affirmative defense of prescription, alleging that the
cause of action arose 10 years ago. After filing his answer, Mr. B filed a motion for judgment on the
pleadings. Should Mr. B’s motion for judgment on the pleadings be granted? Explain.

Motion for summary judgment =/= motion for judgment on the pleadings
 QUESTION 4
No, Yes, Mr. B'sfor
the motion motion for on the pleadings should be denied.
judgment
judgment on the pleadings will
be granted.
Under the Rules of Civil Procedure, a motion for judgment on the pleadings may be filed by the plaintiff if
the answer fails to tender an issue.
Hence, the accused admitted all
theMr.
Here, allegations in the
B is not the complaint,
plaintiff, but rather, the defendant.
and the said answer has not
tendered
Hence, any issue.
the motion should be denied.

Therefore, Mr. B's motion for

judgment on the pleading will
be granted.