Tips on How to Pass the Bar - Adrian F. Aumentado

Adrian F. Aumentado San Beda College of Law – Mendiola 2014

HOW I PREPARED FOR THE BAR EXAMINATIONS By: Atty. Adrian F. Aumentado San Beda Mendiola College of Law 7th Place 2014 Bar Examinations

Foreword Some of you may have finished law school in 4 or 5 years. A few others even more. Some have soared high while several struggled “with wings”. But look around you today, each of you is wearing the red toga. You all have made it! Each of you may claim that the Faculty of the San Beda College of Law has put their stamp of approval declaring you - ready, fully equipped and prepared to take the Bar. They say that studying for the bar is a law graduate’s own mission. However, you should remember that the whole Bedan Community shall be wishing for that 100% passing rate. It will be a battlefield out there but every one of you shall be on the same side bearing your codals, books, cases and experience against the examiners and their riddling questions. Read to understand. Memorizing should be the effect, not the cause. Share what you know. When exhausted, discuss with others what you do not know. Smile. Remember the faces of your loved ones when they cried tears of joy for anything that you have done or accomplished. Imagine that happiness amplified seventy times seven. Aim for that and you’ll get through that monotonous lecture, that pile of books taller than yourself and even the sleep-inducing SRC. Say thanks to every person helping you. Always Pray. And take confidence in the fact that many people are praying for you. I wish you all luck. Accept any kind of pressure as a positive thing. Relax. Inhale. Exhale. Get that period. - author’s message to the San Beda Law Class of 2015 Studying for the Bar Preparation. Spend a week or two researching how to study for the Bar. Read all the tips from the previous bar topnotchers. Compare their style with the way you studied during law school. See what suits you. I particularly followed the Reading List and Tips of Atty. Dianne Wilwayco – the Top 2 of the 2013 Bar Examinations. I would also go to the Library and photocopy centers and make a survey on the books, reviewers and handouts my batchmates were reading. I would scan them to know whether I should or can “actually” read them. I bought all the books, pens, paper etc. and photocopied the materials prior to studying para tuloy tuloy na. I also downloaded all the soft copies of reading materials and audio lectures on my Ipad.

Adrian F. Aumentado San Beda College of Law – Mendiola 2014 I would constantly bug previous Bar passers on what and how they studied. I was fortunate I had a friend (Atty. Joseph GM De Jesus) who mentored me for hours on how he prepared for the bar. Also, I would also ask them what they did to prepare, what they were doing a month before the bar, a week before the bar, etc. Place to study. I rented a place near San Beda even though I lived in QC. This put me much more nearer to my review school and the library = Less time wasted on the road. I particularly chose a room with no free wifi and tv. I put Manila Paper on the walls so I can write the most important things para kung matulala man ako yun ang makikita ko. I also put a big calendar on the wall to remind me of my schedule. Do not forget the study lamp. In order to focus I turned off all the lights at night and relied on the study lamp para readings lang talaga makikita ko. Memorization Techniques. Read to understand. Memorization should come as an effect rather than being a consciously adopted process. In order to better understand the law, I always try to picture it by using people I know or places I have been. For example, in Wills and Succession I always used “Jon Snow” as an example of an illegitimate child. Also, reading the facts of cases would give you a concrete picture on how the law may be applied. Memorize only during pre-week. Do not memorize lists/ enumerations months before the exam. You’ll forget them in a matter of weeks. However, as always reiterated by Atty. Ruskin Principe, magugulat ka at babalik yan habang binabasa mo ang mga tanong sa Bar. Close your eyes when memorizing. Notes and Tables. Take note of things that you always seem to forget. Write it on the syllabus. Write it on the Manila Paper covering the walls of your room. This would prevent you from scouring over your books and muttering “saan ko nga ba nabasa yun?..” I made notes of things I predicted would come out in the Bar – this should only be a maximum of 10 pages so that you can finish reading them before you sleep - the night before the scheduled examination. Make a table of things that need to be compared often that cannot be found in the San Beda Memory Aid. (Example: absence of counsel/ parties in pre-trial, summary procedure, small claims, etc.) Syllabus. Download and print out the syllabus for the Bar Examinations. This is to prevent you from studying topics not included in the coverage. I actually put notes on the syllabus for faster recall and scanning. Curing the body clock. I cannot help you on this one. I woke up everyday 2pm and slept at around 5am. However, I made sure I had about 9-10 hours of sleep every day including siesta. I function better that way. Schedule. I made it a point that I should always be 2 or 3 weeks ahead of my review school’s schedule. Thus, when attending the lecture for a subject I studied weeks prior, I was able to see if I retained the things I studied and detect if there are some inconsistencies with the lecture as compared to the readings. Masarap na nasasabayan mo iyong lecture instead of looking at your codal/book. I studied 7-9 hours a day. Monday until Friday afternoon– I followed the schedule I made myself. Friday night until Sunday – I attended lectures. By attending the lectures during the weekends and reading the handouts, I was able to strengthen my grasp of the law. This effectively counts as an additional reading. Dahil ibang subject ang binabasa ko kapag weekdays at iba naman ang ni-lelecture kapag weekends, natetest ko ang sarili ko if nareretain ko ba iyong nabasa ko dati. Before I sleep, I usually spend 30 minutes to 1 hour answering previous Bar exams, mock bars and other questionnaires. This is important because by making mistakes in answering, you tend to remember them more. More mistakes more chances to learn.

Adrian F. Aumentado San Beda College of Law – Mendiola 2014 Getting into the groove. Weeks prior to formally studying, I took a vacation with my family. In order to get me into the groove, I started listening to lectures of †Atty. Sababan - Taxation while on the road. This would help you realize that it is better to understand the law than to memorize its provisions. I would recommend this particularly to those who see taxation as complex algebra. I started studying on May 3. I gave myself three weeks to study the subjects I felt myself inadequate and unprepared. Real start for my first reading was May 21. Readings. I followed Atty. Wilwayco’s strategy. I considered reading 2 or 3 books/ reviewers as a single reading. This enabled me to strengthen my understanding of the law through repetition yet, allowed me to discover other commentaries or points that cannot be found in a single book. I was able to breeze through the second or third books because I skipped a lot of pages for the topics I deemed myself very familiar. Reading Pace. I read 100 – 150 pages a day - Books and Reviewers. When reading cases, I was able to read 200 to 300 pages a day. I guess that was my strength. (Parang kwento lang kasi.) I had trouble reading Memory Aids and only averaged 15 – 20 pages per day. First Reading. Bara-bara ang schedule basta dapat ay hindi parehas ang inaaral ko pag weekdays kumpara sa pinakikinggan ko sa lecture pag weekends. Kailangan nauuna ako palagi sa lecture. I was able to finish this stage by August 18. I devoted 2 weeks for almost all the subjects for the First Reading. Labor = 1 week. Second Reading. I used the mirror method. I studied the subjects in reverse order as stated in the Bar Examination Schedule. I was able to finish this stage, a week and a half before the pre-week. I no longer read books except for specific topics or highlighted materials. I read Reviewers, handouts and cases during this period. Do not forget to get the updated handouts containing the latest jurisprudence. This time I devoted only a week for almost all the subjects. I had my first reading for Ethics during this stage. Reality. I lost one month and a half due to vacations, parties, weddings, events, illness and hangovers. My father got hospitalized for a week and I had to stay there with him. I was not able to have a second reading for Remedial Law and Political Law. I only read Ethics once. However, I was confident because I attended almost every lecture. Moreover, pre-week counts as one reading. So for other subjects such as Taxation, Commercial, Labor, or Civil Law I was able to have the equivalent of 4 readings. First reading + Lectures and Handouts + Second Reading + Preweek. For the other subjects I was able to have the equivalent of 3 readings. First Reading + Lectures and Handouts + Pre- week. Pero sabi nga nila “Hindi sa dami ng readings yan, nasa quality ng pagbasa at pag-intindi” Codal – Book – Reviewer – Cases – Research – Handouts & Mockbars CODAL - I did not read the codals from cover to cover. I read the codal provisions per topic. The codal by itself is hard to understand. For example, If I would read I marked down the codal provisions that I thought were not clear or had exceptions based on jurisprudence. BOOKS - I only read books for the codal provisions that I marked previously or for subjects that I knew were my weaknesses. Again, I listed down the things or cases cited in the books that I found to be vague or would need further reading. *I crossed off my list those that I eventually understood or researched. REVIEWERS - I read the reviewers from cover to cover. Again, I listed down the things or cases cited in the reviewers that I found to be vague or would need further reading.

Adrian F. Aumentado San Beda College of Law – Mendiola 2014 *I crossed off my list those that I eventually understood or researched. CASES - Cases go last. This is the most important part. This is where the examiners get their essay questions worth a lot of points. I suggest that you get the most recent case list compiled by the best professor you can find teaching the subject. I would always look for a digest of the facts on the internet, and only then would I read the facts and decision in the full text version. Although it seems to be not practical, reading the digest of the facts helps you understand the case much better and prevents you from wasting time re-reading the case. *I crossed off my list those that I eventually understood or researched. RESEARCH - After reading the books, reviewers and cases, I made sure that I reserved one day for researching and studying the things I listed down which I had not yet answered or crossed off the list. This activity acts as a way to scan and review the things I have previously studied = Reinforcement. HANDOUTS & MOCKBARS – I read the handouts every time they would be given out during the weekend lectures. As mentioned before, I answered previous bar examinations and mockbars before going to sleep. Try to predict questions. Check the trends in the Bar examinations. Why read the whole book on Partnership or Sales if di man lang umabot ng 4% iyong questions nila sa Civil Law. Same with Administrative Law, Public Officers, SRC etc. These topics are very long but you can actually focus on the favorite bar questions related to them. (e.g. Tender Offer, Double Sales etc.). Browse through the Lex Pareto notes. You would be able to see the favorite subject matter of the examinees. Do not dwell much on absurd/ “out of this world” questions that are not actually based on jurisprudence. Kung itanong man yan sa bar, worth 1 point lang yan. If ever, focus on hypothetical questions that could be answered using the codal. Review the past bar exams and look at the latest cases that were predicted to come out but did not. Check the recent cases that either create new doctrines or otherwise abandon old ones. Try to get a copy of all the mock bars of different review centers. You’ll be able to observe the predictions of the different lecturers. Read the news everyday. Look at high-profile cases. Study the cases decide by the Bar Chairman. It would not hurt to go the extra mile if you are learning naman. *I avoided reading jurisprudence that provided exceptions based on Equity or transcendental importance etc. Magugulo ka lang e. Discuss. Always find time to discuss things that are not clear to you. The best thing to do this is during lunch, break time or on the way home with your study buddies. Do not try to ask questions to your fellow Baristas while they are studying specially if they’re focused on a subject different from the one you are inquiring about. I suggest that the Baristas studying in the school library eat together so that everyone can listen and contribute. Relaxation. When I experience fatigue, I stop reading and try to listen to music until I get back into the mood. When studying, the only music I listen to are Japanese musical scores para d ako napapakanta. I only surf online every other day at the Internet shop nearby, bringing only a small amount of money so I won’t be tempted to extend. Basketball once a week. Beer at least once in a week and a half. I took days off when I can no longer concentrate and went home for the free wi-fi. I would watch SlamDunk and Stephen Chow movies and play DOTA in my spare time. I also collected messages and letters from my friends. It was nice that their messages were long. Pag walang wala na ako inuulit ulit ko silang basahin para maka-focus.

Adrian F. Aumentado San Beda College of Law – Mendiola 2014 Drinking. Never drink later than 8pm if you plan on going all out. The hangover would last until the afternoon of the next day and that would set you off your schedule. Also, it shall ruin your body clock particularly if the drinking would last until the wee hours of the morning. Gising mo niyan tanghali na. Drinking sessions should be productive and I made it a point that we share trick questions, new jurisprudence, abandoned doctrines etc. Talk about your dreams, inspirations etc. Handwriting. Use print if possible. Increase font size hanggang sa mukha nang pang grade 1. Blue Ink is much more pleasant to look at. Have someone else criticize your handwriting. Pressure. Kung 3 readings na ka-batch mo wag mag-Panic. Turn it into positive pressure. Pre-week What I studied. I attended lectures during pre-week. I studied review center notes and preweek handouts of different schools and browsed through the readings I highlighted. I read the tables found in the San Beda Memory Aids and my own notes. There is no more time to read books except for the thin ones. Make sure you attend the last minute lectures. Doon lumalabas ang mga Nostradamus (Judge Albano for Civ and Poli and Atty. Cabaniero for Taxation). Limit visitors. If you are staying at a BarOps hotel room do not allow people to visit you after a given hour. They should have visited or met with you prior to exam week. Leakages. They are not true. They must have come from people who love to predict. However, if you receive an SMS saying these topics shall come out on the exam, send them to a Bar Buddy/ Bar Assistant and have them print out a 1-page or 2-page summary of the topics mentioned. It would not hurt to read them but do not rely on them. Others. Drink Medicine to prevent bad stomach incidents while answering the bar. Buy the explosive Mentos flavor. It shall help you stay awake. Replace the refillable ink in your sign pen/ fountain pen kahit nasa kalahati pa. Refilling them during the exam would take away precious seconds. LMT. Read the last minute tips ASAP. The proctors would ask you to stow away your reading materials 45 minutes before the exam starts. You can still talk to each other but its better that you use that time for meditating and relaxing. Answering the Bar Exam Skipping. I answered immediately the questions when I was 100% sure. I skipped items that I did not know or had doubts. I left a whole page for the given number and would not answer it until I am convinced that I am right. Take note however, that I would mark the questionnaire with my initial answer and the legal basis. That way upon reading the question again, I can compare my second guess with my previous thoughts on the matter. Skipping numbers also helped me as I was able to browse through latter questions containing keywords that helped me form answers to earlier questions. Do not panic. Try to remain calm. In my taxation exam, I answered number 13 first. That meant I was not 100% sure of my answer for the first 12 questions. Nevertheless, I focused on writing the answers in which I was confident. In a matter of minutes I was able to recall the legal provisions and answers involved in the previous questions I skipped. I was even able to use keywords I have seen used in other questions for the skipped numbers. 80-20 percent. I imagined myself as the examiner. I would not ask a question that pertains to the general rule. Rather, I would phrase the question to lead the examinee to the wrong contention in order to test his understanding of the law or grasp of jurisprudence. Thus, 80% of the time, I usually countered the subtle hints of the examiner leading me towards a certain answer. If it looks too easy, check the requisites and try to find out from the facts provided that which seems to not fit.

Adrian F. Aumentado San Beda College of Law – Mendiola 2014 BAR Q 2014:

On March 30, 2000, Mariano died intestate and was survived by his wife, Leonora, and children, Danilo and Carlito. One of the properties he left was a piece of land in Alabang where he built his residential house. After his burial, Leonora and Mariano’s children extrajudicially settled his estate. Thereafter, Leonora and Danilo advised Carlito of their intention to partition the property. Carlito opposed invoking Article 159 of the Family Code. Carlito alleged that since his minor child Lucas still resides in the premises, the family home continues until that minor beneficiary becomes of age. Is the contention of Carlito tenable? (4%)

Wrong Answer:

Yes. Article 159 of the Family Code provides that the family home shall continue despite the death of one or both spouses or of the unmarried head of the family for a period of 10 years or for as long as there is a minor beneficiary, and the heirs cannot partition the same unless the court finds compelling reasons therefor.

Correct Answer:

No. Three requisites must concur before a minor beneficiary is entitled to the benefits of Art. 159: (1) the relationship enumerated in Art. 154 of the Family Code; (2) they live in the family home, and (3) they are dependent for legal support upon the head of the family. xxx However, as to the third requisite, Marcelino Lorenzo R. Dario IV cannot demand support from his paternal grandmother if he has parents who are capable of supporting him. The liability for legal support falls primarily on Marcelino Lorenzo R. Dario IV’s parents, especially his father, herein private respondent who is the head of his immediate family. The law first imposes the obligation of legal support upon the shoulders of the parents, especially the father, and only in their default is the obligation imposed on the grandparents– Patricio v. Dario 2006

BAR Q 2014:

Timothy executed a Memorandum of Agreement (MOA) with Kristopher setting up a business venture covering three (3) fastfood stores known as “Hungry Toppings” that will be established at Mall Uno, Mall Dos, and Mall Tres. The pertinent provisions of the MOA provides:

1. Timothy shall be considered a partner with thirty percent (30%) share in all of the stores to be set up by Kristopher; 2. The proceeds of the business, after deducting expenses, shall be used to pay the principal amount of P500,000.00 and the interest therein which is to be computed based on the bank rate, representing the bank loan secured by Timothy; 3. The net profits, if any, after deducting the expenses and payments of the principal and interest shall be divided as follows: seventy percent (70%) for Kristopher and thirty percent (30%) for Timothy; 4. Kristopher shall have a free hand in running the business without any interference from Timothy, his agents, representatives, or assigns, and should such interference happen, Kristopher has the right to buy back the share of Timothy less the amounts already paid on the principal and to dissolve the MOA; and 5. Kristopher shall submit his monthly sales report in connection with the business to Timothy. What is the contractual relationship between Timothy and Kristopher? (4%)

Adrian F. Aumentado San Beda College of Law – Mendiola 2014

Wrong Answer: Partnership. KTSK.

Answer/ Points. Answer in a manner based on the amount of points allotted for the particular question. If the question is worth 4-8 points – Use the ALAC Method. Answer. Legal Basis. Application. Conclusion. My typical answer would be: Yes/ No. (Write a concise statement. Ex. No, the contention of Carlito is untenable.) Under the law (Try to be specific if possible. Ex. Civil Code, Rules of Court *DO NOT PUT THE SPECIFIC NUMBER OF THE SECTION OR ARTICLE IF YOU DO NOT KNOW. Try to cite the exception directly rather than writing the general rule, if applicable.) Here, (State the facts), which thus, (state the application of the law) Hence, (State or reiterate the conclusion) If the question is worth 2 points – Answer directly. Yes, because... Keywords. If you remember the keywords used in the decision or the provision, try to use them or incorporate them kahit hindi verbatim. Make the examiner checking your booklet know that you have studied the given matter. Citing of cases. I only cited cases when I am absolutely sure of its application. *DO NOT PUT THE GR NUMBER OR SCRA EVEN IF YOU KNOW IT). Don’t be a smart aleck. Legal Basis. Make sure that all your answers have legal basis. EVEN THE WRONG ONES! The Examiner shall consider the way you argued your case. There is a slim chance he’ll give you a perfect score. Nevertheless, you are assured of higher partial points than one who answered “due to common sense and practicality”. Never lose track of the time. After two hours, count the remaining numbers left unanswered. Increase or decrease speed of writing depending on your computation of the questions and the time left to answer them. Review your answers. I always left a lot of space under my answers and did not complete them unless I was really sure of what to write. Thus, upon review, I am still able to correct my errors with enough spacing and no messy erasures. If you finish early, do not submit your papers ASAP. Your whole life depends on the answers you wrote in your booklet. Take the extra time to review them. Post-Exam Day Mondays. I spent the Mondays sleeping until noon and relaxing. I always went to the photocopying center and browsed through the available pre-week materials. I used the afternoon to regain my energy and focus. I only started studying by 6pm. Do not discuss Answers. Do not correct yourself by researching the answers to the questions. If ever you find out that you made a lot of mistakes, you could get disheartened and lose focus for the whole week. – I actually corrected my answers every Monday. Ganyan na talaga ugali ko since first year law school. I also had a few friends who agreed that we can discuss our answers. *Please make sure no one can hear your discussion. Extra

Adrian F. Aumentado San Beda College of Law – Mendiola 2014 Say thank you to everyone particularly the BarOps volunteers. They’re doing it for free. They are wishing for every one to succeed. The freshmen or first-timers that have volunteered need to experience appreciative Barristers so that they may be inspired to strive harder in law school and be members of the bar. Submit a good picture of you in your bar application. Who knows you might top the bar and they’ll show a picture of you looking like a common criminal. Buy doc stamps now. Nagkakaubusan. Pledge something that you will do, once you pass. You need to give something back. Do charitable works, thank God, your parents, thank your professors, thank your friends, thank everyone!!! Be humble. This is my way of giving back. I’ll be very happy if I was able to help you pass the bar exams or at least gain composure before you start the arduous task of studying for the bar.

Political Law First Reading

Fr. Bernas Primer Justice Nachura Political Law Outline Justice Agra Admin/ Pub Corp/ Pub Officers San Beda Memory Aid - PIL

Second Reading

Fr. Bernas Primer - Highlights only Justice Nachura Political Law Outline - Highlights only San Beda Memory Aid - PIL Review Center Handouts Sandoval Notes

Pre-week

Nachura - Selected Topics Review Center Handouts Ateneo and San Beda Pre-week Handouts Sandoval Notes

Labor Law First Reading

Azucena Compendium Other previous Bar handouts and Pre-weeks ***I suggest you read Chan Robles. I did not have a copy yet during my first reading.

Adrian F. Aumentado San Beda College of Law – Mendiola 2014 Second Reading

Azucena Compendium - Highlights only Review Center Handouts Chan Robles Review Center Handouts

Pre-Week

Atty. Manuel Digests Chan Robles - Highlights only. I focused particularly on Jurisdiction. Review Center Handouts San Beda Pre-week Handouts

Civil Law First Reading

San Beda Memory Aid - LTD, Conflicts of Laws Jurado Reviewer De Leon - Partnership and Credit Balane - Succession Sta Maria - Persons selected topics only Paras - Selected Topics in Succession, Oblicon, Property, Persons Navarro - Succession Reviewer

Second Reading

Albano Reviewer Navarro - Succession Reviewer Paras - Selected Topics in Succession, Oblicon, Property, Persons Review Center Handouts - specially ALBANO!

Pre-Week

Albano Reviewer - Highlights only Lopez Rosario - Persons Reviewer Review Center Handouts - specially ALBANO! San Beda Pre-week Handouts

Taxation Law First

Sababan Magic Notes and Audio Lecture

Adrian F. Aumentado San Beda College of Law – Mendiola 2014 First Reading

Sababan Magic Notes and Audio Lecture Mickey Ingles Notes Co-Untian Reviewer - Read it and Answer the Multiple Choice Questions! Mamalateo- Income Taxation

Second Reading

Sababan Magic Notes Mickey Ingles Notes Ortega Remedies Co-Untian Reviewer - Highlights only and Highlighted Q&A particularly essay answers Review Center Handouts - particularly LUMBERA!

Pre-week

Review Center Handouts - particularly LUMBERA! San Beda Pre-week Handouts LMT - I suggest you to try the BLUE NOTES. Patok daw siya last year. FYI I did not read them.

Mercantile Law First Reading

Villanueva Commercial Law Reviewer Rodriguez - Insurance Sundiang- Aquino Commercial Law Reviewer De Leon - NIL Review Center Handouts

Second Reading

Villanueva Commercial Law Reviewer Highlights only Rodriguez - Insurance Sundiang- Aquino Commercial Law Reviewer De Leon - NIL Review Center Handouts

Pre-Week

Sundiang- Aquino Commercial Law Reviewer Review Center Handouts San Beda Pre-week Handouts

Criminal Law First Reading

Reyes Book 1 and 2

Adrian F. Aumentado San Beda College of Law – Mendiola 2014 Amurao Criminal Law 1 San Beda Memory Aid Review Center Handouts Second Reading

Reyes Book 1 and 2 - Selected Topics Amurao Criminal Law 1 San Beda Memory Aid - Selected Topics and Highlights Review Center Handouts

Pre-Week

San Beda Memory Aid - Highlights Review Center Handouts San Beda Pre-week Handouts

Remedial Law First Reading

Riano - CivPro, Evidence, SpecPro and CrimPro Villasis - Lexoterica Doctrines San Beda Memory Aid - SpecPro, SCA Review Center Handouts

Second Reading

Riano - CivPro, Evidence, SpecPro and CrimPro - Highlights only San Beda Memory Aid - Selected Topics and Highlights Villasis - Lexoterica Doctrines Review Center Handouts

Pre-Week

Review Center Handouts - specially Riguera! Ateneo and San Beda Pre-week Handouts San Beda Memory Aid - Tables, Pre-Trial, Summary Procedure and Small Claims

Ethics First Reading

Albano Reviewer Pano Reviewer Review Center Handouts

Pre-Week

Review Center Handouts San Beda Pre-Week Handouts

Adrian F. Aumentado San Beda College of Law – Mendiola 2014 Lawyer's Oath and Codal

I ALWAYS READ CASES. CASES ARE VERY IMPORTANT!

TAKE NOTE: The advice given by the Author is based on his own measure of his strengths and weaknesses, his experiences, gut feel etc.