bar primer

July 11, 2018 | Author: bernard2 | Category: Assignment (Law), Mortgage Law, Taxes, Jurisprudence, Foreclosure
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UP Bar Operations 2006: UP Y.O.U.R.S.:  Your One-Stop Ultimate Review Source* Our tagline for this year is almost self-explanat self-explanatory. ory. Basically, Basically, we just want you to concentrate on your review and leave all the logistical and other nitty-gritties to us. We want to be Your One-Stop Ultimate Review Source…We want to be of help to you...And we hope that you would help us help you. *special thanks to Mr. Jomi Manalo for this year’s tagline Messsage from the Bar Ops Head Dear UP Law Barristers, Congratulatio Congratulations ns for graduating graduating from the UP College of Law! Now, on you you go to the the next next hurdl hurdle: e: prep prepari aring ng and and taki taking ng the the 2006 2006 Bar  Bar  Examinations. Examinations. We want to make sure that you will be fully armed and prepared for this (hopefully) one-time battle.  As a final final instal installmen lmentt to our Bar Candid Candidate ate Orient Orientati ation on Package Package (comprised of the Bar Orientation Seminars, the Bar Starter Kit and this Primer), we have revised and are reproducing the Barely Legal BarOps 2005 Primer. This primer, contains information gathered by the Special Projects Committee of the 2005 Bar Operations, which gathers tips given by various UP Law alumni across the years - information, information, which would aid you in your review. review. Most, if not all of this this materials, materials, are availa available ble via the net (sent throug through h your your egroup egroups s and uploaded uploaded on www.upbarops.com , yet still, still, we want want to provide provide you guys guys with a handy hard copy.  True to our mantra mantra (we want to be Y.O.U.R. Y.O.U.R.S. S. – Your Your One-St One-Stop op Ultimate Review Source), The BarOps 2006 team is committed to be in your your serv servic ice e durin during g your your Bar Bar Prepa Preparat ratio ions ns.. For For any any of your  queries/requests, do contact us! Bar Ops Head: Lorybeth Baldrias 09178898783 / [email protected] Deputy Head: Nayna Malayang 09178237151 / [email protected] Co-Head for Finance Hardy Aquende Aquende 09209507925/ [email protected]  Academics (Reviewers): Dionne Sanchez 09177625556 / [email protected] Lay-out/Distribution Bobbie St Sta Ma Maria 09189285878 / [email protected] Jam Jacob 09209211747 / [email protected] lrb/04/22/06 

Lectures Mile Miles s Mala Malaya ya Secretariat  Rhudz Ra Raimundo Hotel Ops Izzy Laluna Peter Dizon Finance Carlo Olivar Web Affairs Rich Richel elle le Maca Macapa paga gall Special Projects JM Sison Lounge Commission Third Bagro Night Ops Polka Gan Transportation Anj Manlangit

0918 091835 3550 5072 728/ 8/ [email protected] 09198004422 / [email protected] 09193237284 / [email protected] 09168500501 / [email protected] 09204207148 / [email protected] 0917 091785 8557 5741 417 7 / [email protected] 09209244320 / [email protected] 09162434811 / [email protected] 09189422656 / [email protected]

09178015030 /

For queries involving academic matters, you may contact the following heads: Civil Law  Paul Sorino 09178413147 / [email protected] Political Law  Jape de Leon 09279207135 / [email protected] Labor Law  Vivian Tan 09178564697 Taxation Ces Sicangco Rowena Ro Romero 09279312621/ [email protected] Commercial Law  Lianne Gervacio 09178198530 / [email protected] Criminal Law  Hyacinth Rafael 09153325480 / [email protected] Remedial Law  Ascheia Yumul 09178483204 / [email protected] Legal Ethics / Forms Migs de Jesus 09175309796 / We are one in being Y.O.U.R.S. – Your One-Stop Ultimate Ultimate Review Source, as we all both work and pray very hard for the success of your  Bar Review and Examinations. All the best!

Lorybeth R. Baldrias Head, 2006 UP Law Bar Operations

I. Announcements

A SCHEDULES FROM THE ACADS COMMITTEE Release of Crim & Legal Ethics Reviewers

Due to limited space, the student lounge has been divided into sixty (60) slots to be made available for use to barristers. Each of the four  blocks (A, B, C and E) was allotted twelve (12) slots. These twelve slots shall be raffled off and assigned to the respective block members who have signified to their block presidents/representatives their wish to get lounge slots1.

o

25 April:

o

May Wk 1: Release of Labor, Political Law & Tax Reviewers

o

May Wk 2: Release of Comm, Rem & Civ Reviewers

o

May Wk 4: Release of 3 years of case surveys

o

June:

Ateneo Reviewers*

o

July:

San Beda Reviewers*

FREE SLOTS

o

June-Aug:

Lectures

o

Mid-July:

Mock Bar  

Four (4) slots shall be, at any given time, made available to a U.P. Barrister on a fist come, first served basis. These slots shall be appropriately marked for your information.

*subject to availability, but we want to get them for you by hook or by crook   

Notes:

Students who have enrolled in Bar Review programs at other law schools shall not be eligible for a slot in the lounge. The following are the rules2 that shall govern the use of the Student Lounge:

Things left on the free slot shall be deemed adverse claims to such and shall therefore be subject to collection and placement in a box conspicuously placed inside the lounge for claiming.

1.

Schedules are subject to change without prior notice, if any exigency arises

2.

Distribution of materials will be via the Barrister’s frat/soro/org. For  unaffiliated Barristers, materials will be distributed via lounge pigeon holes.

RIGHTS of the SLOT ASSIGNEE

3.

Further releases of BAR Materials will be announced by the end of summer 

Every slot assignee shall have the discretion to use the slot exclusively for him/herself, subject to the following options:

B. COMMUNICATIONS For Bar Ops Announcements, please make sure you have access to the following Posters – locations: Bar Ops Board, Lounge, Caf, Law Center, Lib o Text groups – we will be texting your block reps for important o announcements every once in a while till the time that we get to form a text group o Email – via [email protected] o Website – www.upbarops.com C. GUIDELINES FROM THE LOUNGE OPERATIONS COMMITTEE  As of 17 April 2006  From April until September this year, the Student Lounge shall be used as a study room for U.P. Barristers. 1 2

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1.

Spot Sharing – An assignee has the right to permanently or  for a certain period of time share the slot to one or more U.P Barristers, i.e., two or more barristers agree to share the same desk space in the lounge;

2.

Spot Swapping – Assignees shall have the discretion to trade spots with other assignees by agreeing to change locations within the Lounge;

3.

Temporary 3rd  Party Use – During times when the slot shall not be occupied, the assignee can lend (strictly for free) his/her slot to a 3rd party Barrister. This practice is highly encouraged in order to accommodate those not granted lounge slots, as well as to accumulate advantageous karmic vibes. =) This can be done via:

See attached document for the complete list Based from the 20 April 2005 LSG Circular #1

table). Please make good use of them.

a.) The assignee leaving a signed note posted on the desk stating his/her intention to lend with his/her contact number (The committee will exert its best effort in providing for post-its.), b.) and the 3rd party borrower obtaining the express consent of the assignee either personally or  through the contact number indicated This option shall also be done on a first come first served basis.

4.

3.

As per the memorandum of the Assistant Dean, food and beverages are off limits inside the student lounge. Only drinking water may be permitted within the premises. (However, for those who cannot help it, there is a designated mess table to prevent unnecessary mess on your desks.)

4.

Assignees are allowed to “personalize” their slots (i.e., place Styrofoam partitions, cover the desk with cartolina, etc.) as long as these will not unduly interfere with the right of other assignees to a clean and porn-free environment. And no “getting too personal” in the lounge. It is understood that you are under pressure and, from time to time, need release from stress. But really, let’s try to keep our bodily fluids to ourselves.

Spot Renunciation – Assignees shall have the power to renounce forever his/her spot for the benefit of either a particular barrister or any other, subject to the Lounge Committee’s pleasure. =)

IMPORTANT! In the exercise of the above rights, the assignees are amiably requested to inform the Lounge Committee, within a reasonably sufficient span of time, of any such arrangements as may be agreed upon. We are afraid this measure is crucial to be able to secure you an orderly, conflict-free, and bloodless stay at the Lounge. FORFEITURE by NON-USAGE Non-usage of an assigned slot for an unreasonable span of time (i.e., such time that will make a reasonably prudent man believe that the assignee has no interest whatsoever in using the slot) shall be ground for forfeiture of the assignment. This is in consistent with the principle that a man is reasonably expected to protect his/her rights; here, by simply texting or leaving a note for any member of the Lounge Committee of any concern. In the interest of maximizing the recognized advantages of the lounge slots, a forfeited slot shall automatically become an additional free slot. An assignee shall be given two notices (whether in writing or  text) of any prolonged non-usage before the Lounge Committee shall declare the slot forfeited. ADDITIONAL GUIDELINES 1.

The Student Lounge being within college premises is still subject to the rules and regulations of the college and the university. The rules on smoking indoors, consumption of alcoholic beverages, etc. and their corresponding penalties, apply.

2.

Garbage bags shall be placed near the sink (beside the mess

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The LSG through the Lounge Committee reserves the right to promulgate additional or amend existing Lounge Rules and Regulations. **For Secretariat Announcements, please see your Bar Starter Kits

II. First Things First3 (1) Assess your strengths and weaknesses, and be honest about it. What subjects am I good at? Terrible at? This will form the basis of your  studying. (2) Organize, inventory, and assess all your law school materials. See if they are sufficient or if you need to acquire new materials. DON’T hold back on buying products that will help organize your materials (folders, boxes, dividers, binders, etc.). Remember, always err on the side of OC. (3) Draw up a budget. (4) Visit bookstores and browse through all the available law books. Skim through them, and ask yourself if the format and writing style is comfortable enough to read for six months. Seek good advice and recommendations.

3

adapted from the 100% barops 2004 and Barely Legal: Bar Ops 2005 primers

(5) Draw up a list of materials you want or think you need. Two commentaries, one reviewer, and the codal are recommended for each subject.

1. Political Law and International Law 

(6) Draft a schedule.

  

III. Getting Started A.

2. Labor Law and Social Legislation 4

BAR REVIEW MUST HAVES

1.

Nachura Magallona’s primer on International Law Barlongay Notes/Sample Questions Bar Q&A

A reliable outline for the entire subject matter as a framework or mind map for storage, retention and retrieval of information. If a comprehensive outline is not available, then outlines per  topic will do.

 

 

Alcantara Bar Q & A Azucena’s Everyone’s (ung maliit na green) Bar Q & A

3. Civil Law

2.

CODALS, CODALS, CODALS

3.

At least one reliable commentary on the subject matter 

4.

At least one reviewer which you can transfer your notes to

    

B. THINGS TO CONSIDER WHEN ACQUIRING BAR REVIEW MATERIALS5

 

1. Time. Remember that you only have a limited time to review. 2. Finances. Unless you can afford to buy all the books and photocopy all the materials you want or need, you have to pick and choose. 3. Reader-friendliness. It is important that the materials you read are engaging enough to sustain your interest and keep you reading on. Consider also the font size and layout. 4. The author’s credibility. You will not want to end up learning outdated laws, repealed jurisprudence, or legal opinions that have no basis in law.

C. SUGGESTED LIST OF BOOKS AND READINGS6 4

plagiarized from The Beginner’s Guide to Bar Review 2002 5 from The Beginner’s Guide to Bar Review 2002 6

Based in part on Pong Ponferrada’s list of books, as contained in The Beginner’s Guide to Bar Review 2002 and the 100% barops 2004 primer 

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Tolentino (except Persons and Succession) Sempio Diy (Persons) Balane (Succession) Aquino (Land Titles) Bar Q&A JBL Reyes Jurado Reviewer 

4. Taxation  De Leon (Fundamentals, Income, Transfer, Tariff and Customs)  Aban or Vitug (Remedies and Local Taxation)  Bar Q&A De Leon (comprehensive)  Primus (Domondon)  5. Mercantile Law  Campos (Corporation and Insurance)  De Leon (Negotiable Instruments) Bar Q&A  Catindig Outline  Perez  6. Criminal Law  Reyes (Book I)  Sandoval Bar Q&A 

7. Remedial Law  Feria (CivPro) Regalado (CrimPro, Evidence, SpecPro)  Bar Q&A   Agpalo (CrimPro)  Herrera (CrimPro) 8. Legal Ethics and Practical Exercises Aguirre  Bautista (Forms)  Bar Q&A   Te

IV. Scheduling Tips and Samples7 Keep in mind that you must draw up a schedule that will work for you. But if you’re absolutely clueless on how to make your own, here are some tips and models which can help you in drafting your schedule. These are patterned after study schedules of bar topnothers: A. THE FERNANDEZ TOPICAL AND OVERLAPPING STUDYING APPROACHES8 Instead of the usual sequential approach - “2 weeks Poli, then 2 weeks Rem” – to studying, Ms. Macel Fernandez outlined her study schedule according to topic.

    

General provisions LocGov Public Officers Election Law Admin Law PIL

II. LABOR  Labor Standards Labor Relations  Social Legislation  III. CIVIL LAW  Persons  Property Oblicon  Obligations Contracts Donations  Succession  Land Titles and Deeds  PRIL Sales  Torts and Damages   Credit Transactions  Agency and Partnership  Sales

Ms. Fernandez gives us a breakdown of the exam areas. I. POLI LAW Structure of government  Legislative Executive Judicial Constitutional Commissions  Bill of Rights  Other Consti Provisions Principles and policies National economy and patrimony ESTACS 7

Again, based on the Beginner’s Guide and . 100% barops 2004 primer .

8

1st place, 1997 Bar Exams; Salutatorian, Class of 1997.

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IV. TAX General principles   Income Taxation  Donor’s Tax  Estate Tax Local Taxation  Real Property Tax   Tariff and Customs Code  Tax Remedies  Court of Tax Appeals V. COMMERCIAL LAW Corporation Law 

   

Nego Insurance Transpo Special laws Securities and Regulation Code Banking Secrecy of bank deposits PDIC law Warehouse law Mortgage Letters of Credit Trust Receipts Insolvency Intellectual Property Code

VI. CRIMINAL LAW Book 1 (Fundamentals)   Book 2 (Specific Crimes) VII. REMEDIAL LAW  Jurisdiction CivPro  Basic provisions Modes of discovery Appeal Provisional remedies Special civil actions  CrimPro  SpecPro Estate proceedings Adoption Others Evidence 

exam areas), she could kill two birds with one stone, so to speak. As redundant studying was avoided, efficiency increased. The groupings she made read thus: A. Public Officers Civil Service Ombudsman Law (RA 6770) Admin Law Quo Warranto (Civ Pro; Special Civil Action) B. Criminal Law (Books I and II) Bill of Rights CrimPro Forms in Crim Pro C. Persons PRIL Succession SpecPro Estate Tax D. Evidence Modes of Discovery (CivPro) E. Transpo (Commercial) Torts (Civ) Insurance (Commercial) F. Donations (Civ) Donor’s Tax G. National Economy and Patrimony (Consti) LTD (Civ)

VIII. ETHICS AND FORMS  Code of Professional Responsibility  Rule 139-B  Forms Motions Initiatory pleadings Contracts Others

H. LocGov Local Taxation Real Property Taxation

Breaking down each exam area’s topics, she found that by grouping topics that overlapped (even though they were assigned to different

J. Banking (Commercial) Bank Deposits (Commercial)

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I. Mortgage (Commercial) Mortgage (Civ) Foreclosure of Mortgage (Rem, CivPro, Special Civil Actions)

PDIC Law (Commercial) Loan (Civ; Credit Transactions) K. Insolvency (Commercial) Concurrence and Preferences of Credit (Civ; Credit) Payment by Cession (Oblicon) L. Property (Civ) Forcible Entry (Rem, Civ Pro, Special Civ Actions) Foreclosure of Mortgage (Rem, Civ Pro, Special Civil Actions) Partition (Rem, Civ Pro, Spec Civ Actions) Expropriation (Rem, Civ Pro, Sp. Civ. Actions) Lease (Civ; Credit) N. Remedial Law Forms Labor and most of Tax stand alone. But if you can find overlaps elsewhere, pursue it!

Rem Ethics

12 days 3 days

3 days 2 days

Reminder: Make your own sked! If you feel that a third reading is required, then adjust your schedule accordingly. Remember that Mr. Ponferrada was Valedictorian of his batch. First Reading  Nachura   Reviewer   Magallona’s primer on International Law  Bar Q&A Second Reading  Barlongay Notes/Sample Questions  Pre-Week   Nachura  San Beda/Ateneo reviewer   Bar Q&A Primer   2. Labor Law and Social Legislation

B. THE PONFERRADA APPROACH During the first reading, do focus on the codals and commentaries. Then summarize and condense this information into notes which you annotate onto your reviewer or text for the second reading. The text you use for the second reading should be more compact. Distill this information further into an even more compact form, say memory aids, an outline or mnemonics for pre-week. Make sure you have a schedule. Here’s Mr. Pong Ponferrada’s sample: Subject

1st reading

2nd reading

Poli Labor

10 days 8 days

3 days 3 days

Civ Tax

14 days 8 days

3 days 3 days

Mercantile Crim

12 days 6 days

3 days 3 days

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First Reading   Alcantara  Reviewer   Bar Q & A Second Reading 

 Azucena’s Everyone’s Pre-Week   Ateneo/San Beda reviewer   Azucena  Bar Q & A Primer   3. Civil Law First Reading   Tolentino (except Persons and Succession)  Sempio Diy (Persons)  Balane (Succession) Aquino (Land Titles)  Reviewer    Bar Q&A

Second Reading   JBL Reyes Jurado Reviewer   Pre-Week  Ateneo/San Beda reviewer    Jurado or JBL  Primer  4. Taxation First Reading  De Leon (Fundamentals, Income, Transfer, Tariff and Customs)  Aban or Vitug (Remedies and Local Taxation)   Reviewer   Bar Q&A Second Reading   De Leon (comprehensive) Pre-Week  Primus (Domondon)  De Leon  5. Mercantile Law First Reading   Campos (Corporation and Insurance)  De Leon (Negotiable Instruments) Reviewer   Bar Q&A  Second Reading   Catindig Outline  Perez Pre-Week  Catindig  Perez   Primer  6. Criminal Law First Reading   Reyes (Book I) Sandoval  Reviewer    Bar Q&A Second Reading   Sandoval Pre-Week   San Beda/Ateneo reviewer  lrb/04/22/06 

 

Sandoval Primer 

7. Remedial Law First Reading  Feria (CivPro)   Regalado (CrimPro, Evidence, SpecPro)  Reviewer   Bar Q&A Second Reading  Feria  Agpalo (CrimPro)   Herrera (CrimPro) Pre-Week   Primer  San Beda/Ateneo reviewer  

8. Legal Ethics and Practical Exercises First Reading   Aguirre  Bautista (Forms)  Bar Q&A Second Reading  Aguirre   Te Third   Primer   Aguirre San Beda/Ateneo reviewer  

C. THE JANUARY SANCHEZ9 METHOD 1. Review schedule I started after our graduation so that’s around end of April already. For  me, the ideal number of readings is three (3) – first reading, second reading and pre-week. Good if you took review subjects back in 4th/5th year because you may consider that your first reading, assuming you really read thoroughly, even just the codal provisions. 9

1st place, 2004 Bar Exams

Below is the number of days I allotted for the first and second reading. Note that this depends on how confident you are with respect to a particular subject. For example, I did not take Remedial law review so I allotted more days over Political Law and Civil Law, both of which I enrolled during my 5th year. Also, this allotment is subject to change especially as you go along your review. For instance, you may wish to attend Atty. Domondon’s lecture and his schedule may coincide with your own schedule for Civ/Rem or any other subject. You may adjust the days you allot for Tax since the lecture of Atty. Domondon is good and you may want to treat it as one (1) day for Tax reading. Lastly, it is actually a matter of personal pacing – how fast and how well you read. Do not be tied to a particular schedule and do not be anxious that you are not keeping up with your other batchmates. Be flexible so you can read and absorb better.

Subject

First Reading

Second Reading

Poli

7

5

Labor

9

5

Civ

6

6

Tax

9

6

Commercial

8

6

Crim

9

6

Rem

17

10

Ethics

5

2

As to my daily schedule, I would read from around 8am until 11am, go to mass at 12noon then read again from then until around 9pm or  10pm. In some days when I am not able to wake up early, I would extend my reading hours until 12 midnight. In between these times, I would attend selected review classes and take short naps if my eyes are tired already. I keep my Sundays free, to unwind and to store the needed energy for the following week.

2. Review materials It is important to choose your materials very well. You may start each subject by reading the codals or read the books/reviewers with it. In my case, I consider the codal provisions in the reviewers (some have no reproduction of the codal provisions though) as my first codal reading for the review. Then, during the pre-week, I just read my notes, codal and some updates/new materials.

As for the books/reviewers I read, I just borrowed books from my friend Maan so I had a guide somehow on what to read. Ask around what are the good books for a certain subject. For me, though, I read the following books/reviewers: Poli –

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Paras’ Primer (1st reading) Nachura’s Outline in Political Law (pre-week) Cruz’s International Law Magallona’s Primer in International Law Labor  – Alcantara’s Reviewer in Labor law (1st reading) Azucena’s Labor Code (2nd reading) Civ – Jurado’s Civil Law Reviewer (the older, shorter  version, early 1990s I think) Sempio-Diy’s Family Code Sempio-Dy’s Succession in a Nutshell Balane’s Jottings and Jurisprudence Tax – De Leon’s Income Tax Dimaampao’s Principles and Remedies in Taxation Vitug’s (Tariff & Customs and the practical exercises) Aban’s (CTA, local tax, RPT, and TCC) Commercial – Villanueva ‘s Commercial Law Reviewer  Catindig’s Notes in Commercial Laws Perez’s Quizzers in Insurance, Transportation, and Corporation Crim – Regalado’s Reviewer/Compendium Sandoval’s Remedial – Feria Noche’s Civil Procedure (vol. 1 & 2) Bautista’s Civil Procedure and Evidence Regalado’s SpecProc and Evidence

Do not be overwhelmed. Some of these books like Nachura, Perez and Catindig, I was able to read during my review classes so it was easier  reading them. Start with the material you are most unfamiliar with and with the subject which you find most difficult. In my case for instance, I started with Remedial Law because I was not able to take a review class for it. I read thoroughly Justice Feria’s book and took down notes.

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For Crim, since I had a solid Crim I and Crim II foundation, I read Sandoval first before I read Regalado.

In between your textbook readings, I recommend that you read the materials from the UP Law Center . These are usually short and concise materials so they are good for either “warming up” or “cooling down” from your readings. Plus, you don’t have to worry that you are not able to read the materials you paid for. Before you realize it, you are finished with the materials and are already anxious waiting for more.

Keep your old notes. They will come in handy especially during the preweek. When reading textbooks/reviewers, try to take down notes also. This will not only help you retain what you read but this will serve as your practice writing activity. Use the grade I notebooks, which are approximately the same size as the Bar booklets. Likewise, make time to take down notes when you are attending review classes. It’s also better if you jot them these “short” notes in the margins of your codal so that you can refer to them easily come pre-week. Also read the LSG Bar Ops reviewers. In my case, I found particularly helpful the 2004 bar ops materials for Labor and Civ, especially Partnership and Property.

3. Some tips on rest/leisure activities Read, read and read but also do not forget to take a rest. Ideally, keep a day off from reading. Catch up on other things like your family and friends. In my case, I have friends who are also reviewing for the Bar so in between readings we find time to relax – occasionally, we would watch movies or just have long lunches or long dinners, where we also discuss unclear or vague points in our readings.

It is also important to be healthy all throughout the bar review. During my review until the Bar month (May to September), I attempted to take out coffee, softdrinks and meat from my diet. I believed that if there’s one thing that would really affect my performance, it’s my health. I had previous experiences in law school when I was sick during the exams and the results were not good.

I was down with the flu around May so I thought that was my “quota” for  the review. I really rested and did not read for the week that I got sick. So, if you feel like you will catch a cold or you are not feeling well, just

rest, have a good sleep and the following day, you will be okay. There is no use in forcing yourself to read when you are down with the flu or  with a bad headache. There are physical limits that you have to deal with. Taking vitamin C and multivitamins may help in increasing your  resistance to diseases.

I did not exercise regularly but I walked around the UP oval sometimes. It’s nice to engage in some physical activity once in a while but you should not let it eat your reading time.

Lastly, be spiritually healthy. In my case, I pray a lot and I even served as Lector/Commentator in UP Parish during my review. It really helps when you feel close to the Almighty at this very important point in your  life.

2. Recommended review materials? Poli- Nachura, Bernas, Isagani Cruz' book for Public International Law Labor- Codal, Azucena, Everybody's Labor Code; Alcantara and Alacantara Civil- Jurado, Coquia and Ma'm Beth's Book for PRIL. Tax- Aban, Vitug Acosta Commercial -Perez Crim- Reyes, Sandoval Remedial Law- Feria Noche-Civil Procedure, Procedure, Evidence and Spec Pro- Codal Ethics-Aguirre, Agpalo

Herrera-Criminal

4. Tips on how to answer the bar questions

Basically, I used the books that were recommended by the 20042005 LSG in their old primer. I also read some of the review materials of the LSG, and UP Law Center.

Focus on the question. There are many irrelevant facts and issues that you need not address in your answer. Just answer what is being asked. The examiner does not have all the time to read long answers.

 Ateneo's Review Materials are over-rated, support your own! Animo U.P.!!!!! 

As much as possible, do not qualify or answer “it depends”. Answer yes or no then state your legal basis (law and/or jurisprudence without specifically mentioning the case). In my case, the second sentence of  my answer already contains the legal basis. The third or last sentence contains my conclusion – whether the law is applicable to the case at bar. Write clearly and legibly. If you can avoid it, do not make unnecessary erasures. I think it is to your advantage that the examiner has an impression that you are sure and confident about your answers.

D. RON DE VERA’S TIPS 1. What was your review schedule? Mondays to Saturdays. I took the Sundays off for R & R to watch movies and spend quality time with my family. I allocated the number of days that I will devote in reviewing for each subject according to their weight in the bar.

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3. Rest/Sleep time? I sleep when I don't think that I can read any longer. I also take quick naps in between. How did you prepare for the bar? I studied hard and prayed harder. I went through a dry-run/mock bar examinations for all subjects, and tried to simulate the bar examinations to prepare myself mentally and psychologically. 4. Can you share some tips on how to study for the bar? The good study habits that you instilled in law school will carry you to the bar. Think of the bar exams as a war that you have to conquer and survive. Know your enemy, keep yourself healthy, stock-up on your  ammunitions, prepare for contingencies like illnesses, personal problems, etc., practice discipline and restraint. Follow the path of those who have been successful before you, and do not venture on unknown grounds.

Keep yourself surrounded by people who have a positive outlook not only with the bar but with life as well.

instead. There are much more important things where you can place your hotel money.

Keep yourself healthy, exercise....I took tai-chi and that’s what I did every 6 a.m. during the review. Although I had the cold and cough during the exam days itself, my strong constitution helped me to remain focused during the exams. Read this Primer!! 

E. THE BEN CORDOVA FRAMEWORK (aka “The No-exam-will-ruin-mynightlife Framework”) 1. To avoid cramming for the first Sunday-

5. Tips on how to answer the bar questions? Do not tire yourself the night before the bar. Make sure that you get enough rest. Do not bother to cram and read reviewers, etc. that you have not read before. I've never been a believer of last minute bar  exam tips, they will only make you confused and stressed. Read them leisurely, and only when you have the time. Start strong... impress the examiner from the very beginning. You should always keep in mind who your audience/reader is, he/she is looking for key words and principles that will make him/her convinced that you are worthy of becoming a lawyer. Be conscious of the time element. Skip questions that you cannot answer in the meantime, just make sure that you leave enough space to write your answer when you are ready to do so. Do not be discouraged. I have one of the ugliest handwritings not only in my class, but in my batch as well. Not only my classmates, but my professors, would always make fun of my handwriting. Just make an effort to make it legible enough for it to be read by the examiner. I recommend that you make your letters big and straight. Remember, after passing the bar, you can always make use of the computer and relieve yourself of the burden of using long-hand. :) If you do not get to sleep the night before the exam, do not panic. I myself got to sleep for only an hour during my first week, and for 30 minutes during my second week. What I did was to rest and lay my head during breaks. In my humble opinion staying in hotels near the Taft area is overrated. As long as you can wake-up early, and have a way to have yourself brought to the Taft area, there is really no need to stay in hotels. After my first two weeks in staying at a hotel, where I was not comfortable in the very beginning, I decided to stay at our house

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Make a calendar. In your calendar allot 2 weeks before the first Sunday of the Bar for Poli and Labor. This will cover the pre-week for the first two exams as well as another week to make sure that your first Sunday runs smoothly at hindi ka harassed sa kaka-cram. Handwriring practice na rin ako nung panahon na ‘to

2. When I startedI started early. As in April or even March (sinasabi ko sa mga next batch na March ako nagstart para hindi sila mag-relax pero actually mga Holy Week yun or the week after the Summer OLA orientation). Hindi kasi ako mahusay sa school kaya I had to make up for the lost years. 3. Order of subjects I started with what I considered my weakest subject which was Remedial Law, then Ethics, Com, Crim, Tax and Labor then Civ tapos Poli. I didn’t study Poli much during the first reading. Kinodal ko lang din yung mismong 1987 Constitution at binasa ko lang ang Pub Off, Election at Admin Law sa Nachura. Nung pre-week (which in my case was 2 weeks before the 1st Sunday) ko na lang kinumpleto at inulit ulit ang Nachura. Nag-Poli Review kasi ako nung 4th year at presko pa sa PIL at Locgov. Locgov kasi ako at PIL nung last sem ko. Actually kasama na rin yun sa plano ko nun pa kung sakaling ga-graduate ako on time. Para sa akin walang abogadong tanga sa poli subjects na sikat at malamang walang hindi gagaling sa poli pagka malapit na ang bar  kahit maiksi pa ang review period dahil unang exam yun at unang natututunan ang poli kaya unforgettable. 4. Study periodI studied for 5 days a week (kapag sinabi kong week  eh 5 days lang yun) with an average of 8 hours a day. I extend my review on weekends kapag may gimik within the week. I did not deprive myself  of TV and radio pati gimik as long as I get my minimum number of 

hours. Kapag kalat araw mo mag-extend ka na lang. Minsan umabot ako ng 15 hours para lang makahabol sa calendar ko. Kapag within the schedule ako eh hindi talaga ako nag-aaral sa rest day para hindi maburn-out at mag-sawa mag-aral. Huwag din nga pala kalimutang mag-exercise at i-treat out ang sarili dahil kelangan relaxed lagi. Kung pwede nga magpamasahe gawin nyo na minsan. Mura lang naman.

5. Allotment of time for morning subjects Wala ako poli masyado sa first reading kaya tig 2 weeks ang Rem at Com ko sa first reading. Yung Civ 3 weeks pero yun na yun. hindi ko na inaral ulit until the pre-week dahil nag-civ review class ako at parang ordinary knowledge ata ang civ (ang sablay ko lang hindi ko inaral ang PRIL dahil hurt pa rin ako hanggang ngayon). 6. Allotment of time for afternoon subjects I allotted one week for each afternoon subject nung first reading. Codal lang talaga ako nung first reading dahil napansin ko na sobrang dali maintindihan ang commentary pagka-kabisado mo ang batas. Minarkahan ko na rin ng todo mga review materials ko para malaman kung ano ang mga dapat balikan at ano ang medyo pampagulo lang. Dati, hindi ako nagma-mark at minsan wala pang libro pero nung bar  useful na magsulat sa libro dahil sa dami ng babasahin. Tungkol ulit sa codal, case law ang UP kaya malamang hindi pa natin kabisado yung codal so para sa akin mainam na mag-codal muna. Pag-nagcodal ka eh yung labor mahaba na ang 4 days kasama na related laws. Tig-5 days ang Crim and Tax. Ethics baka nga 1-2 days lang yung  judicial conduct pati professional responsibility. Sa Legal Forms memorize mo yung kay Te tapos practice kang gumawa nang walang kinokopyahan ng complaint, contract, deeds, motion at information at iba pa (like nego instruments para sa Commercial na rin at pati wills na pinagawa sa Bar exam namin) . Isang araw kaya na yan kahit sa harap pa ng TV. Pero nag-allot ako talaga ng 1 week for each afternoon subject tapos inuusog ko lang yung calendar ko pabaliktad pag may days ako na hindi nagamit para magka-grace period pa ako lalo before my 2 week pre-first Sunday exam tapos dun ko kinaklaro ang mga hindi ko pa naiintindihan o kabisado masyado. 7. The second reading

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Inulit ko lahat with the same allotment of weeks (except for Poli na maiksi muna ang pag-aral ko at Civ na hinabaan ko na ang review sa first reading) pero this time may commentary na ako na binabasa. Pagka nakatapos ako ng subject nang maaga eh study na ako ng next subject para mapa-haba ang grace period ko before the two-week preweek ko (mga mahigit isang lingo din ang na-save ko kaya binalikan ko ulit ang com at tax tapos bar questions). So for example tapos na ako ng ethics ng Tuesday eh start na ako ng Com sa Wednesday. Maganda rin ang epekto nun dahil may sense of accomplishment ka at parang natatanggalan ka unti-unti ng pressure. Gaganahan ka tuloy mag-aral for the next subject kapag maaga ka natatapos. Reading List: *Codal muna tapos isang maiksi lang na reviewer. Hindi ako nagbasa ng marami dahil malilito ako at mapapraning sa kakahagilap at kakaalala kung saan ko nabasa yung isang sagot: Poli-Nachura (focus sa ibang poli laws aside from consti 1 and 2 dahil alam nyo na yung dalawa at wala kayong alam sa PIL) Labor -Azucena (yung maliit na green) Civ-Jurado (kunin mo na din yung top 400 provisions ni Vitug pero codal rin naman yun); Mag-aral kayo ng PRIL sobra. Tax-Vitug,Domondon at De leon (Q & A lang yung Domondon at De Leon) Com-Katindig (for special laws), Perez (Corp,Insurance,Transpo) Puyat reviewer (Nego) Crim-Sandoval at Revised Ortega Notes ni Fran and Aman Rem-Regalado (Civpro, Specpro and Evidence), Bautista (Crimpro) Ethics-Codal lang.humiram ako Agpalo pero ang haba pala so tinigil ko na lang. Legal Forms-Te Finally, huwag na huwag kakalimutan mag-bar questions para alam nyo na ang style ng tanungan. Pag nakasagot ka ng mga 5 o 6 pagkatapos sa unang reading ok na yan muna at huwag mapraning dahil pagkatapos ng second reading eh mapapansin nyo na may mga bar  exam years na halos alam nyo lahat ng sagot.

F. TIPS FROM FLORIN HILBAY10

BAR REVIEW POINTERS 1.

Less is more. Early in the review, decide which materials to read and stick to them. It is better to master a few materials than to cover too many and not read them well. 2. Start reading from your weakest subject to the strongest subject. 3. Read the bar questions and answers first before starting every subject. Take note of topics frequently asked. According to Florin, during the bar he had no difficulty answering because all the questions were familiar to him. BQA gives you an overview of how bar questions are phrased. 4. Read the Philippine Law Reports (contains digests of recent cases) 1 1/2 years back. 5. Have at least ONE good reading (Florin had three readings in all because he started April 1. Still, he suggests that of all the readings, the first one must be done thoroughly. He didn't highlight his reading materials. He just underlined and made marginal notes. He transferred these notes to codes and he uses these codes for the third reading/ pre-week.) 6. Take a rest every hour of studying. Pause and take deep breaths. If  you feel like continuing for more than an hour, do so but make sure to take a rest when you feel your brain can't take in information anymore. (Florin studied 5 days and had 2 days rest every week. He watched a movie every Wednesday. Contrary to claims, he didn’t believe exercise worked. He gained weight during the review.) 7. Take a rest after eating a full meal as most of the blood concentrates on the stomach at that time. (He ate a light breakfast during the review.) 8. During the exam, read all the questions first before you start answering. (Florin says that since you've already read all the questions, your brain is already starting to process the answers.) 9. Bring a clock inside the exam room. Count the number of items and divide your time accordingly. This will ensure you will be answering at a correct pace. 10. When answering the exam, take a brief break after every 30 minutes. Do breathing exercises and rest your eyes. 10

1st place, 2000 Bar Exams; as interviewed on Apr il 18, 2001

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MATERIALS USED BY FLORIN HILBAY FOR BAR REVIEW Remember, less is more Political Law Bar Questions and Answers Nachura Constitution Labor Law Bar Questions and Answers Labor Code Everyone's Labor Code by Azucena (Not the 2-volume version) Alcantara Civil Law Bar Questions and Answers Jurado Code Commercial Law Miravite Villanueva Bar Questions and Answers Criminal Law Bar Questions and Answers RPC Ortega Notes Dennis Gorecho Notes (Norge's Batchmate) Taxation Bar Questions and Answers Book 1 Domondon (Ignore Book 2) NIRC Remedial Law Bar Questions and Answers Regalado for Civ Pro and Evidence Rules of Court for Spec Pro and Crim Pro Legal Ethics and Legal Forms Bar Questions and Answers Vyva Aguirre' Book (2001 Edition)

ACKNOWLEDGMENTS Last Year’s Special Projects Committee (thanks for making a really comprehensive primer!)

Special Thanks to Rhudz Raimundo – for already including the supposed 1st portion of  the Bar Ops primer in the Bar Ops starter kit (less tuloy ang pages ng primer) Third Bagro – for the Lounge Guidelines Sharon Corpuz – for being the source of the Hilbay Tips Dionne Sanchez – for the Acads Department critical path Bobbie Sta Maria – for taking charge of the printing and distributions Jam Jacob – for the lay-out of the cover page Jomi Manalo – for the wonderful Bar Ops tagline

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