Answering Bar Exam Questions: Effective Techniques and Approaches 5 months ago

The bar examination marks the culmination of one’s law school journey and the commencement of one’s legal career. For many, it is the definitive test that determines their future, while for others, it serves as a crucial step towards achieving broader career goals. Regardless of perspective, the bar examination is undeniably a significant hurdle that every aspiring lawyer must overcome to practice law.

Taking the daunting Philippine Bar Examination will undoubtedly be nerve wrecking. This article offers effective techniques and approaches to tackle bar exam questions successfully

Bar Examination in the Philippines

The Philippine Bar Examination is the professional licensure examination for admission to the bar in the county. It is held annually and conducted by a committee of bar examiners to be appointed by the Supreme Court. A Supreme Court Justice will be designated as Chairman, with four (4) examiners for each of the six (6) core subjects. [1] Justice Mario Lopez, the 2024 Bar Chairperson, stated in Bar Bulletin No. 1 (2023) that the 2024 Bar Examination, “#MostValuableLaban,” aims to bridge the gap between legal education and practice. This examination, like previous ones, will facilitate the transition of qualified examinees from law students to "practice-ready" and "potentially capable" lawyers.

The Philippine Bar Exam is often regarded as one of the most challenging in the world. Unless otherwise provided by the Supreme Court En Banc, candidates must achieve a general average of 75 percent across all subjects, without scoring below 50 percent in any subject, to pass. [2] Historically, the passing rate ranges from 20% to 30%. In 2023, the passing rate was 36.77%, with 3,812 out of 10,387 examinees succeeding. This was lower than the 2024 passing rate of 43.47%, where 3,992 out of 9,183 examinees passed. [3]

Examinees shall be subjected to examination in the following subjects: 

  1. Civil Law, 

  2. Labor and Social Legislation, 

  3. Mercantile Law, 

  4. Criminal Law, 

  5. Political Law (Constitutional Law, Public Corporations, and Public Officers), 

  6. International Law (Private and Public), 

  7. Taxation, 

  8. Remedial law (Civil Procedure, Criminal Procedure, and Evidence), and

  9. Legal Ethics and Practical Exercises (in Pleading and Conveyancing). [4]

The Supreme Court releases a comprehensive and detailed syllabi of the core subjects, providing a precise coverage of the exam, to serve as a guide for the examinees. Questions will be presented in essay format, accompanied by performance tests to assess candidates' practical application of legal concepts. The questions will emphasize practical skills and jurisprudential understanding, aiming to evaluate candidates' analytical and problem-solving abilities, ethical standards, professionalism, empathy for clients, and dedication to public service. Furthermore, the exam will require adequate ability to understand and communicate in the English Language. These criteria are essential for entering the legal profession and ensure that new lawyers are well-equipped to meet the demands and responsibilities of legal practice.[5]

In line with the goals of the Strategic Plan for Judicial Innovations 2022-2027, the Court enacted significant reforms for the enhancement of legal education and modernizing the process of admission to the legal profession – notably, the regionalization and digitalization of the bar examinations. [6] The Supreme Court announced that the holding of bar examinations starting 2022 would be online or in computerized format. The examinees will use their own laptops with Examplify as test software. [7] The 2024 Bar Exam will be conducted in September in Local Testing Centers (LTCs) in key cities across the National Capital region, Luzon, Visayas, and Mindanao. [8]

 

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General Preparation Strategies

To each their own, as they say. 

Every student develops their own study habits over time, which often prove to be effective due to familiarity and personalization. While it's tempting to consider adopting new study styles, this can be time-consuming, and there's no guarantee of improved effectiveness. However, there are some general preparation strategies commonly used by many:
 

1. Study Schedule 

Developing a comprehensive and balanced study plan is essential. Unlike previous bar exams conducted in November, recent ones have been moved earlier, specifically to September. However, this shift does not align with the adjusted academic calendar, as many law school graduations now occur in May or June. Consequently, bar takers have significantly less review time. While not all bar takers are fresh law school graduates, it remains crucial to develop a well-rounded study plan and dedicate sufficient time to each core subject. 
 

2. Core Subjects 

Focus on heavily tested areas. As above-mentioned, the Supreme Court prepares and releases a comprehensive syllabi for the core subjects, offering a detailed outline of the exam's content to aid examinees in their preparation. While possessing additional knowledge is beneficial, examinees should prioritize their focus on the laws, rules, issuances, and jurisprudence relevant to the included topics (specifically on the recent developments in the law).

You may also check the resources available in digest.PH to aid your bar examination preparation. Digest.PH offers features such as:

  • free legal case digests;

  • Direct links to full case texts;

  • A highlighting tool and bookmarking functionality;

  • A legal dictionary; 

  • Citation generation; and 

  • The option to download documents in either PDF or Word format.

This collection of resources has been specifically prepared to aid practitioners, scholars, students, and bar takers like you in your pursuit of legal knowledge. Elevate your understanding of the law today with the help of the best legal research in the Philippines!
 

3. Mock Bar Exams 

Regularly take timed practice exams. It's important to note that each core subject in the bar exam has a limited time allocation. Don't compromise the quality of your answers due to time constraints. The exam assesses not just your knowledge but also your analytical skills and ability to communicate effectively within the time limit. Timed practice exams simulate test conditions, aiding in time management, building endurance, and reducing anxiety. They're invaluable for identifying weaknesses and boosting confidence for the actual exam.
 

4. Stress Management 

Employ techniques to maintain mental and emotional well-being. Last but not the least, do not let the pressure get the best of you. Incorporate stress management techniques into your bar exam preparation to maintain focus and productivity. 

BONUS TIP! Check out this video for more insightful tips and tricks that could help you in your bar prep.


© Photo from Philstar.com
 

Approaches to Essay Questions

With the exception of the 2011 Bar, which featured multiple-choice questions (MCQs), the Philippine Bar Examination comprises essay-type questions in English. The transition from pen-and-paper to digital examination has eliminated concerns about handwriting, enabling examiners to concentrate exclusively on the content of candidates' answers (with grammar remaining a factor). Thus, successful performance on these essay questions requires a combination of knowledge, critical thinking, and adept communication skills from the examinee. Here are some essential tips to help you ace the exam:
 

1. Outlining

Scan the questions for keywords and quickly outline to organize thoughts before writing.
 

2. ALAC Method 

Structure answers with Answer, Legal Basis, Application, Conclusion. Start with a concise statement of your answer, usually the questions are answerable with a “Yes” or “No”. Next, provide the legal basis for your response (further discussed below), followed by a thorough analysis or application of the legal principles to the given facts. Ensure that both the legal basis and its application are clearly articulated. Finally, conclude by summarizing the key points of your answer and restating your position in response to the question posed. 

 

EXAMPLE: NO, the contention of X is incorrect.

Article 11 of the Revised Penal Code and Jurisprudence recognizes self-defense as a justifying circumstance, provided concurrence of the following elements: (1) unlawful aggression; (2) the reasonable necessity of the means employed to prevent or repel it; and (3) lack of sufficient provocation on the part of the person defending himself. Here, all elements of self-defense are present. Contrary to the contention of X, the second element or reasonable necessity of the means employed was satisfied. Y had to be quick, and his responses should be commensurate to the imminent harm. Given the circumstances, Y's use of a gun, in contrast to X's large stones and bolo, was reasonable as it was the only available means for self-defense at the time of the assault.

Therefore, Y properly invoked the justifying circumstance of self-defense to exculpate himself of the crime charged.

3. Legal Basis. 

An answer without the relevant laws, rules, or jurisprudence may not earn full points. However, if unsure of specific legal provisions or case titles, consider using general statements but always cite the relevant law or case law (e.g., "according to a provision in the Civil Code" or "jurisprudence provides").
 

4. Clear Writing

Keep your language clear and straightforward. Stick to simple, direct language to ensure your points are easily understood. Remember to check your grammar for clarity and accuracy.

BONUS TIP! Guard against "fatigue-bias". Keep in mind that examiners have thousands of booklets to review. Providing clear, direct answers with proper grammar, particularly in the first five questions, can leave a positive impression. This shows your ability to analyze and respond effectively to the questions posed.

 

Common Pitfalls and How to Avoid Them

Navigating the bar exam can be intimidating, with numerous pitfalls that can hinder success. However, with awareness and strategic preparation, these pitfalls can be avoided.

  1. Not Following Instructions: Before diving into the questions, take a moment to read the instructions carefully. Although time constraints are a concern, it's essential to recognize that each Bar examiner provides specific instructions for their respective exams. 

  2. Misreading Questions: Ensure full comprehension of questions. Avoid overanalyzing the problems or adding unnecessary assumptions to the given facts. Reading the question and spotting the issue first can provide a clear focus on what to look for in the facts provided. Look for keywords. 

  3. Overwriting on Essays: Avoid unnecessary verbosity. Keep your answers concise, focusing solely on relevant legal principles (i.e., laws, rules, jurisprudence) and their application to the facts provided in the problem.

    BONUS TIP! Save time by refraining from restating the question in your answer, unless essential for illustrating your legal basis.

  4. Ignoring Time Limits: Adhere strictly to time constraints.

    BONUS TIP! Compute the time available per question by dividing the total number of questions by the total exam hours. Be sure to allocate time for reviewing your answers before submission.

  5. Stress-Induced Errors: Maintain composure during the exam. Stay calm and collected, even if you encounter difficult questions or time pressure. Take deep breaths, focus, and trust in your preparation. Keeping a level head will help you think more clearly and perform to the best of your ability.

 

Do not Forget!

Preparing for the day of the exam is just as crucial as studying the material. Here are some last minute but essential tips to ensure you're ready when the big day arrives:

  1. Final Preparations: Engage in last-minute review and get ample rest.

  2. Logistics: Plan for travel and ensure all necessary materials are ready.

  3. Maintaining Focus: Use techniques to stay focused and calm during the exam.

  4. Pray.

 

By understanding the structure of the bar exam and employing effective preparation and answering techniques, candidates can enhance their performance and increase their chances of success. Stay focused, practice diligently, and approach the exam with confidence.

Remember, the bar exam is not just an endpoint but a gateway to the fulfilling and impactful practice of law.

You will pass the bar exam, take the oath, and sign the roll. Get that ATTY!

 


 

 [1] Pio, T. (2023, December 21). The 2023 Bar Exams: Positive Changes in Bar Admission Through Digitalized and Regionalized Examinations. Supreme Court of the Philippines. https://sc.judiciary.gov.ph/the-2023-bar-exams-positive-changes-in-bar-admission-through-digitalized-and-regionalized-examinations/
[2] Rules of Court, Rule 138, Section 14.
[3] Kahanap, P. (2023, December 5). LOOK: Bar passing rates over the years. RAPPLER. https://www.rappler.com/philippines/bar-exam-passing-rates-philippines/
[4] Rules of Court, Rule 138, Section 9.
[5]  Bar Bulletin No. 1 (11 December 2023).
[6] Id
[7] Bar exams will always be held online – SC. (2022, February 25). Manila Bulletin. https://mb.com.ph/2022/02/25/bar-exams-will-always-be-held-online-sc/
[8]  Bar Bulletin No. 2 (11 January 2024)

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