Exam Guide by Atty. Elmer T. Rabuya August 6, 2012 at 10:19am •EXAM GUIDE
By: Prof. Elmer T. Rabuya *** All Rights Reserved.
•Part 1: INSTRUCTIONS •Familiarize self with instructions and FOLLOW the same:
“This questionnaire is in TWO (2) PARTS: Part I with ten (10) questions (numbered I to X), contained in five (5) pages; and Part II with ten (10) questions (numbered XI-XX), contained in five (5) pages, for a total number of ten (10) pages.
“Write your answers to Part I and Part II in the corresponding portions indicated in the booklet.
“Begin your answer to each numbered question on a separate page; an answer to a sub-question under the same number may be written continuously on the same page and succeeding pages until completed.
“Answer the questions directly and concisely. Do not repeat the questions. Write legibly.
•Part 2: STRUCTURE 1) Follow the “inverted pyramid structure.”
§ The inverted pyramid is a metaphor used to illustrate the placing of the most important information first within a text.
§ The widest part at the top represents the most important information the writer means to convey.
§ The tapering lower portion illustrates that other material should follow in order of diminishing importance
•Part 2: STRUCTURE 2) Application to law school/bar exams:
§Present your answer right away. For example, if the question is this: “Is the marriage valid, void or voidable?,” the answer should begin with this statement: “The marriage is valid (or void, or voidable).”
•Part 2: STRUCTURE §Explain your answer right away, by providing the legal basis/bases. For example: “The marriage is valid because the law provides that ………..” §After providing the legal basis, explain the application of the legal basis with the particular facts of the case. §You may thereafter briefly reiterate your conclusion.
•Part 2: STRUCTURE (Sample Problem # 1) --- involving application of law
PROBLEM: In December 2000, Michael and Anna, after obtaining a valid marriage license, went to the Office of the Mayor of Urbano, Bulacan, to get married. The Mayor was not there, but the Mayor’s secretary asked Michael and Anna and their witnesses to fill up and sign the required marriage contract forms. The secretary then told them to wait, and went out to look for the Mayor who was attending a wedding in a neighboring municipality. When the secretary caught up with the Mayor at the wedding reception, she showed him the marriage contract forms and told him that the couple and their witnesses were waiting in his office. The Mayor forthwith signed all the copies of the marriage contract, gave them to the secretary who returned to the Mayor’s office. She then gave copies of the marriage contract to the parties, and told Michael and Anna that they were already married. Thereafter, the couple lived together as husband and wife, and had three sons.
Is the marriage of Michael and Anna valid, voidable, or void? Explain your answer?
•Part 2: STRUCTURE (Sample Answer) “The marriage is void. The law provides that the absence of any of the essential or formal requisites, one of which is marriage ceremony, shall render the marriage void ab initio. The law further provides that the contracting parties must personally appear before the solemnizing officer to make their personal declaration that they are taking each other as husband and wife; otherwise, there is no marriage ceremony.
•Part 2: STRUCTURE (Sample Answer) In this case, while the contracting parties made their personal declaration that they were taking each other as husband and wife by signing the marriage contract, the same was not made in the presence of the solemnizing officer. Hence, no marriage ceremony took place.
There being no marriage ceremony, which is one of the formal requisites for a valid marriage, what transpired between Michael and Ana is a void marriage.
•Part 2: STRUCTURE (Sample Problem # 2) --- involving application of law and case PROBLEM: Harry married Wilma, a very wealthy woman. Barely five (5) years into the marriage, Wilma fell in love with Joseph. Thus, Wilma went to a small country in Europe, became a naturalized citizen of that country, divorced Harry, and married Joseph, all pursuant to
the laws of her new country. A year thereafter, Harry married Gina. Is the marriage of Harry to Gina valid?
•Part 2: Structure (Sample Answer) Yes, the marriage is valid because the divorce obtained by Wilma is valid and Harry has regained his capacity to remarry. Under the law, if the foreign spouse obtains a decree of absolute divorce capacitating him/her to remarry, the Filipino spouse regains his/her capacity to remarry. According to the Supreme Court, in applying this law the reckoning point is not the
•Part 2: Structure (Sample Answer) the citizenship of the parties at the time of the celebration of the marriage, but their citizenship at the time a valid divorce decree was obtained by the alien spouse capacitating the latter to remarry. Applying the foregoing rules to this case, since Wilma was already a foreigner at the time she obtained the decree of divorce, which capacitated her to remarry, Harry has likewise regained his capacity to remarry. Thus, Harry’s marriage to Gina is valid.
•Part 2: STRUCTURE *** Reminder: Answer must not be too long Physical Structure: §Max of 3 short paragraphs §First 2 pars, max of 3 short sentences §Optional, third par; not more than 2 sentences
•Part 2: STRUCTURE (1st par.) First Paragraph:
nor too short.
§Contains answer and legal basis. §Hierarchy of legal basis: Constitution, laws, rules, decision of Supreme Court…
•Part 2: STRUCTURE Reminders: (As to answer) §Answer the question directly. Stand must be clear. Avoid qualifications. §If question calls for a categorical answer, do not qualify. §Give a qualified answer only if called for by the facts of the case.
•Part 2: STRUCTURE Reminders: (on legal basis) §Refrain from quoting the law verbatim. Just state the substance. §Refrain from citing the specific article/section number. §If what is applicable is the general rule, no need to enumerate the exception/s. §If what is applicable is the exception, cite the general rule before citing the exception applicable. No need to cite the other exceptions, if not applicable.
•Part 2: STRUCTURE Second Paragraph: §Synthesis: legal basis and facts of the case. §Application of legal basis to facts of case. § Optional Third Paragraph:
§Reiteration of answer, with summary of explanation as reflected in facts of case.
•Part 3: Do’s and Don’ts 1.DON’T: In coming up with an explanation, do not simply repeat what is already in the facts. Otherwise, you are not saying anything new. Example: “The marriage is void because the contracting parties signed the marriage contract not in the presence of the mayor. Hence, no marriage ceremony took place.”
•Part 3: Do’s and Don’ts Critique: §The explanation “because the contracting parties signed the marriage contract not in the presence of the mayor….” is already in the facts of the case. If that is your explanation, your answer becomes a mere “yes” or “no” answer without any explanation. §The conclusion “no marriage ceremony took place” is without any legal basis.
•Part 3: Do’s and Don’ts DO: State your legal basis.
Example: The problem calls for the application of Articles 4 and 6 of FC. Hence:
“The marriage is void. The law provides that the absence of any of the essential or formal requisites, one of which is marriage ceremony, shall render the marriage void ab initio. The law further provides that the contracting parties must personally appear before the solemnizing officer to make their personal declaration that they are taking each other as husband and wife; otherwise, there is no marriage ceremony.”
•Part 3: Do’s and Don’ts 2. DON’T : Do not assume that the examiner knows the law. Remember you are the one being examined about your knowledge of the law.
Example: The answer [“The marriage is void because the contracting parties signed the marriage contract not in the presence of the mayor. Hence, no marriage ceremony took place.”] assumes that the examiner knows Articles 4 and 6 of the Family Code.
•Part 3: Do’s and Don’ts Critique: If you will assume that examiner knows the law, chances are you will not be providing the legal basis for your answer. You will simply be answering the question using the facts of the case. In so doing, you will be merely repeating facts which are already presented in the problem.
•Part 3: Do’s and Don’ts •DO: State the legal basis, no matter how basic it is. Remember: you are being tested on your knowledge of the law.
3. DON’T: In stating the legal basis, refrain from stating the law verbatim. And refrain from citing the exact number of article/section of law that you are applying. Why? Because if you committed mistakes, it will be taken against you.
•Part 3: Do’s and Don’ts •DO: Simply state the substance of the law.
4. DON’T: Do not tell everything that you know about the topic covered by the question. Your answer should not only be direct to the point, concise, but must also be responsive to the question.
DO: Limit the discussion only to the legal basis which is necessary to answer the question. For example, if the question calls for the application of one of the exceptions, there is no need to discuss the other exceptions which are not material to the resolution of the problem.
•Part 3: Do’s and Don’ts 5. DON’T: If question is answerable by general rule, do not anymore discuss the exceptions. Otherwise, you will no longer be direct to the point and responsive to the question.
DO: But if the question is answerable by applying an exception, you must state the general rule before discussing the exception. Otherwise, the exception may appear to be the rule if you will not discuss the general rule.
•Part 3: Do’s and Don’ts Illustrative Problem:
President Aquino was requested to solemnize the marriage of A and B. He obliged and he solemnized the marriage. Is such marriage valid?
•Part 3: Do’s and Don’ts Suggested Answer: [Applying only the rule]
“No, the marriage is void. Under the law, the President has no authority to solemnize a marriage. Further, the law provides that the absence of any of the essential or formal requisites of marriage, one of which is the authority of the solemnizing officer, shall render the marriage void ab initio.
In this case, since the solemnizing officer (the President) has no authority to solemnize the marriage, the same is void ab initio.”
•Part 3: Do’s and Don’ts Illustrative Problem:
President Aquino was requested to solemnize the marriage of A and B. He obliged and he solemnized the marriage. Can the parties rely on their good faith to make their marriage valid?
•Part 3: Do’s and Don’ts Suggested Answer: [Citing rule and exception]
“No, the marriage remains void. The rule is that the absence of the authority of the solemnizing officer shall render the marriage void ab initio. However, if either or both of the parties believed in good that the solemnizer had the legal authority to do so, the marriage is valid.
In this case, however, the parties committed not a mistake of fact but a mistake of law. Hence, the same may not be the basis of good faith following the rule that ignorance of the law excuses no one from compliance therewith.”
•Part 3: Do’s and Don’ts 6. What to do in your booklet?
a) Write legibly. b) Follow the manner of numbering of questions in your booklet. c) Observe proper margins (left, right, top and bottom.
•Part 3: Do’s and Don’ts •At the top, you may start writing on the second line. Then skip one line in between paragraphs. •At the bottom, you may leave three or two lines vacant. d) Booklet must be neat/clean. §Only way to erase --- use straight lines, lightly made
•Part 3: Do’s and Don’ts §Do not tear the page. §Do not cancel a page by making a big X mark.
e) Answer to next main question, should be written on a next page; but answer/s to sub-questions may be written continuously on same page.
•Part 3: Do’s and Don’ts f) Avoid ending your answer at the end of the page. As much as possible, try to end it at the next page, thus leaving sufficient space (which you may use in the event that you decide to change your answer).
Avoid: Please see my answer to question no. _____, at the end.
•Part 3: Do’s and Don’ts 7. Do not leave any question unanswered. Do not give the impression that your knowledge of the law is less than the others. If you cannot find any legal explanation, use common sense.
8. Do not forget use of common sense. It may help.
•Part 3: Do’s and Don’ts 9) Finally, after all has been done, PRAY…
