Bar exam, law school, and law practice tips, notes, digests, lectures & what-have-you

Arroyo's Right to Travel

2011-11-18T07:16:00.000-08:00

The right to travel or freedom of movement can be categorized into two areas, right to travel (1) within state territory, and (2) outside state territory. One important distinction between these two categories is that foreign travel, with few exceptions, places the traveller outside the jurisdiction and reach of the state, while domestic travel maintains such jurisdiction.When a person who is

Philippine Just...tiis System: The Need for Reforms, Fast!

2011-10-12T21:30:00.000-07:00

More than a year after becoming a lawyer and practicing litigation, I can say that I need not gain more experience to conclude how inefficient and unreliable our justice system in the Philippines is.In most court hearings I've attended, lawyers and judges are like automatons blurting out "postponement," "resetting," "warning," "last warning," and "last last warning." There are valid causes of

Updates from the author-lawyer

2010-12-11T01:14:00.000-08:00

I'm back to blogging, again, after a long hiatus. When people told me that passing the Bar is a life changer, they were right. Many new and exciting things happened to me since April, the month I took my oath with fellow Bar passers at the Philippines International Convention Center before the Supreme Court En Banc and signed the Roll of Attorneys at the Supreme Court Old Session Hall. Needless

Bar Exam 2009 Results - I passed!

2010-03-26T10:16:00.000-07:00

I welcome myself back to this blog after a long, intentional hiatus. I just wanted to forget anything about the Bar exam which I took last year. The results are in and I'm happy to say that I passed the exam! I will continue to keep my name unknown to keep off any other intention or motivation that might color my write-ups in this blog. Of course, add the fact that I am a very private

Special advance Bar review

2009-10-29T19:04:00.000-07:00

I read in the newspaper today that a tutorial center based in Cebu City is offering a Special Advance Bar Review from November 20, 2009 to January 31, 2010, every Friday, Saturday and Sunday. Featured lecturers are Dean Vincent Albano (Remedial Law, Civil Law, Political Law and Legal Ethics), Dean Eduardo Abella (Commercial Law), Dean Abelardo Estrada (Criminal Law), Prof. Benedict Guirey Kato (

Visit my Philippine Jurisprudence blog site

2009-10-17T08:39:00.000-07:00

After a six-month hiatus, I'm back with updating this blog. I think I have already posted in this blog all necessary advices with regard to taking the Bar exams. If something comes up that I can share with law students and barristers, I'll post them here.Lately, I want to focus more on providing digests of most recent jurisprudence. Except in some cases where I might write a full digest, mostly I

Entry #5 - Careless answer

2009-04-29T22:28:00.000-07:00

I must remind myself every so often about what I had learned in high school math, never be careless and always be careful of a seemingly simple question, it can turn out to be tricky.Here's probably an example in law, a question on legal ethics:Q: May a lawyer represent a subsequent client in a case against a former client?A careless answer: No. An attorney owes loyalty to his client not only in

Entry #4 - Spine Technique

2009-04-28T10:02:00.000-07:00

Today, I venture to call my discovery of sorts in the study of law as the "Spine Technique." (Try googling it, there's no such term yet, I think, relative to the study of law. But I believe it's not a novel technique; I just got it a new name.)Spine is based on the belief that there is a general principle of law behind every provision or enumerated instances in rules, regulations and procedures.

Entry #3

2009-04-27T09:30:00.000-07:00

Still working on earning the 10.5 hours I committed myself to spend each day for the review. As of this passing midnight, I still have to earn two more hours. My concentration is still sharp at these hours so I'll continue (I'm on a 15-minute break) to study until 2:30am. Though I will slowly adjust my daily schedule to regular hours to fit into the bar exam schedule.By this time I already know

Entry #2

2009-04-26T01:24:00.000-07:00

Sunday is rest day, though I spent 1.5 hours to read legal ethics reviewer. Tomorrow is the start of my scheduled review but I just tried to log in initial reading hours earlier because I have to finish some remaining business in the office.I'm contemplating if I'll study at home or at a study center where I could interact with fellow law reviewees. Home entails no cost, except for little

Entry #1

2009-04-25T09:10:00.000-07:00

Already spent 5 hours studying legal ethics. Stopped at page 20 of a 160-page reviewer. Too slow at 15 minutes per page so I had to reexamine my approach. I've decided to stop note-taking (since it is slowing me down) in favor of some mental rehearsal technique. Note-taking (summarizing, noting basic/important details) will come later during the evaluation day I have scheduled at the end of each

Studying Remedial Law

2009-04-06T09:30:00.000-07:00

It happened that after reading for comprehension and understanding the Rules of Court, I always ended up forgetting even the most basic rules of procedure. This is perhaps because Remedial Law is a very technical subject. You have to correlate the rules and not just read them by section. Also, you must have a skeletal or outline mastery of the Rules before even trying to deal with its

Effective Bar preparation methods

2009-03-31T06:21:00.000-07:00

How to prepare for the Bar; effective Bar review methods; how to top the Bar; easy ways to pass the Bar - there are many ways you can call it but there is only one goal: To obtain the license to practice law in the Philippines.Here are some pertinent portions of Atty. Abelardo T. Domondon's lecture recently. These are what I took note of or interpreted/restated as accurately as I can. However

Resort's "full-time nurses" not regular employees

2009-03-17T20:32:00.000-07:00

According to a Sun.Star Cebu report on March 18, 2009, the Supreme Court has dismissed a labor case filed against Shangri-la’s Mactan Island Resort.The five-star resort allegedly failed to grant regular employment status to two nurses despite years of service. The Court said that while the Labor Code requires companies to make available the services of a “full-time registered nurse” to its

LGUs can tax mobile phone providers

2009-03-06T18:39:00.000-08:00

Sharing you this news story from Sun.Star Cebu today, March 7, 2009:LGUs can tax mobile phone providersLOCAL government units (LGUs) that had trouble collecting franchise and business taxes from telecommunication firms in the past can run after the firms again for surcharges and interest. The Supreme Court (SC) clarified this in a ruling that stemmed from a case involving Smart Communications in

That right-to-reply bill

2009-03-01T09:36:00.000-08:00

It's not a law yet. But the right-to-reply bill now being cooked up in Congress clearly contravenes the Constitution.According to this bill, whose main proponent in the Senate is, of all people, Sen. Nene Pimentel, "any person written or spoken about in the print or broadcast media in connection with any allegation of wrongdoing has the right to reply in the same space, time and prominence as the

Riano's take on the Bar exam

2009-02-28T04:19:00.000-08:00

In the Preface of his 2006 book "Evidence: A Restatement of the Bar," Dean Willard B. Riano gave an insightful view on how the Bar exam may be regarded."This work is anchored on the practical principle that a bar candidate does not have to know everything on each bar subject. It is not a requirement to pass the bar. It will never be. Also, the breadth and scope of bar examination topics yield to

Two-Examiner Rule in the Bar

2009-02-26T05:45:00.000-08:00

Starting this year's Bar exam, there will now be two examiners per Bar subject.On February 3, 2009, the Supreme Court in an En Banc Resolution established the two-examiner rule for the 2009 Bar examination and thereafter.Herein quoted is the resolution of the Court contained in a letter by the Supreme Court Clerk of Court Ma. Luisa D. Villarama and was received by the Office of the Bar Confidant

Supreme Court makes it easier to annul marriages

2009-02-22T16:42:00.000-08:00

Philippine StarFebruary 23, 2009"A couple was freed from 13 years of conflict after the Supreme Court (SC) relaxed the guidelines for annulling marriages and declared their union void.In granting Edward Kenneth Ngo Te’s petition to annul his marriage to Rowena Ong Gutierrez, the high court considered the psychiatric evaluation on the spouses.Te was diagnosed to be suffering from “dependent

Labor standards issues in call centers

2009-02-08T09:21:00.000-08:00

Midterms period

2008-01-21T22:05:00.000-08:00

It's been a while since I've posted in this blog. I have been busy with both work and studies. It's midterms period in our school at this time. I'd just like to share a poem-cum-prayer I culled from somewhere.I Asked God I asked God to take away my prideand God said “no”He said it is not for him to take awaybut for me to give up. I asked God to grant me patience,and said “no”He

Mozart and Enya

2008-01-11T19:06:00.000-08:00

When I study, I listen to Mozart, this stimulates my mind. After studying and just before taking an exam, I listen to Enya, this relaxes me and prepares me for the battle ahead.Tags: Bar Tips

Commercial Law Exam on Insurance was a breeze... or so I think...

2008-01-11T08:28:00.000-08:00

I hope my good feeling after the exam will be coupled by good results later. It's just a relief after spending several stolen office hours of studying the Insurance Code for three days, that I felt like I did well with that exam. As usual I came into the exam with little confidence because perhaps unlike my well-prepared full-time law classmates, we working students are always not well-prepared

Studying, my way

2008-01-10T09:01:00.000-08:00

One of the important lessons I learned in this long haul of preparation for the bar exam is knowing myself, my style, my temperaments. I know I can't stay glued on my study chair for more than an hour, I easily get bored. Discipline dictates I should study for long hours if I am to cover all subject matters. But do I really have to stay stuck on my chair for the whole time, reading silently,

Law Books Price List (Rex Bookstore)

2008-01-10T08:52:00.000-08:00

Effective SY 2007-2008 (Prices may change)Source: Rex Bookstore Pricelist 2007 (not a complete list)COQUIALegal Profession 3rd ed. 476.00Readings in Legal Philosophy & Theory 4th ed. 382.00BOADOComprehensive Review in Criminal Law 4th ed. 742.00Notes & Cases on the Revised Penal Code 2nd ed. 1,187.00Notes & Cases on the Revised Penal Code 4th ed. 1,405.00BERNAS The 1987 Phil. Constitution: A

Pressure is showing its ugly head

2008-01-07T19:00:00.000-08:00

I could count months just before the bar exam this year. I'm not even sure now if I would take it this year. By March I have to decide though. It really depends if I pass all my subjects this semester because if I have to take summer classes just to graduate in time for the bar, I might run out of time to prepare adequately.For now, my focus is to pass all my subjects this sem. Unfortunately, two

My holiday is spent studying

2007-12-30T07:45:00.001-08:00

I've been spending my holiday break doing advance study for my current review subjects, including Civil Law and Commercial Law which I'm having a tough time this semester. I feel like having a weak foundation in these two subjects. Aside from I find them boring, it doesn't help that the teachers for these subjects emphasize on rote memorization on even the most inapplicable, impractical

True or False Technique

2007-12-27T05:26:00.001-08:00

While studying for a Civil Law Review exam, I found out that it's easier to grasp and retain principles if I also note it down as a True or False problem aside from simply copying them verbatim in my notes. This was particularly effective when I reviewed a day or two before an exam. Because the legal principle or provision I read was either correct or erroneous, it pushed me to examine its

Less is More

2007-12-05T02:47:00.001-08:00

I met up with a close lawyer-friend recently in Manila and our talk naturally touched on my preparations for the bar exam next year. Lawyer-buddy, who was .01 shy of making it in the Top 10 list of the bar exam results in 2004, shared this advice to me: Less is more. When reviewing for the bar exam, choose only one good review book per subject to read at least three times. The reason is both

Top Ten Tips for Taking the Bar Exam

2007-12-04T06:42:00.000-08:00

Here's another link with some good tips about taking the bar exam. This is a US situation, but can also be applied in preparing for the Philippine bar exam.http://www.uslegalguru.info/2007/11/09/top-ten-tips-for-taking-the-bar-exam/Tags: Bar Tips

Two Tips for Getting Best Results from Bar Exam Study Time

2007-12-04T04:21:00.000-08:00

Check this US site on the said topic:http://bigcitiesbigboxes.typepad.com/barwrite_blog/2007/12/two-tips-for-ge.htmlTags: Bar Tips

Three objectives of Civil Actions

2007-11-06T05:04:00.000-08:00

Following are my notes in tonight's first lecture in Remedial Law. You may read more the pertinent provisions of the Rules of Court for a thorough understanding of the subject matter.There are three different objectives of a civil action; TO BIND:1. a person or IN PERSONAM2. a thing or IN REM - to bind the "res"; also refers to a status or relationship; to bind the whole world3. QUASI-IN REM - a

It's great to receive email messages from readers

2007-10-12T05:02:00.000-07:00

It's been quite a while since I have last updated this blog. I've been busy with work and law school (the mock bar exams and final exams). I took up some extra work in the last two months aside from my main job to earn extra money for my bar exam preparation next year. For this posting, I'd like to share excerpts of my email reply to blog reader Edz. I encourage you dear readers to email me your

Salient Points in Law of Public Officers

2007-10-05T03:08:00.000-07:00

Characteristics of Public Officers1. Public trust2. Not a hereditable possession3. Outside the commerce of man; hence it may not be the subject of a valid contract4. Not a property; hence not protected by the due process clausePower of appointment is essentially executive, subject to well-known exceptions.Power to create public office is legislative; as well as power to prescribe qualifications

Bar exam 2007 is approaching

2007-08-11T02:58:00.000-07:00

The September 2007 bar exam is approaching--four Sundays of gruelling tests on various areas of the law. I hope the examinees can muster enough strength for this battle royale while at the same time maintain composure and calm. I will be at La Salle during the fourth bar Sunday observing the activity.For the bar takers, if you need some notes and bar review materials, or have queries, please do

Study approaches

2007-07-30T20:26:00.000-07:00

I take my study of law in three main approaches. This may perhaps also help me when I start fully preparing for the bar exam next year. Here it is:1. ProceduralStudy the exam itself. Ask yourself:a. How is the exam administered?b. How are the questions asked?c. What are the ideal answers? What is the examiner looking for in an answer?d. What were the usual legal areas or topics asked in the past

Context of the law

2007-06-11T21:21:00.000-07:00

Bar tip:"Know the context (of the law) because if you know the context you can always explain it in your own terms."--Sandoval--Tags: Bar Tips

Mens Rea Doctrine in Criminal Law

2007-06-07T21:57:00.000-07:00

A most common source of confusion among students in the study of criminal law arises in distinguishing one related crime from the other. A student of criminal law for example may find it hard to determine with the facts given of a person firing a gun in public if the crime is "alarms and scandals" or "illegal discharge of firearm." Here you have one same act which could be under either crime. The

Computation of seats allocated for Partylist System

2007-05-22T01:14:00.000-07:00

(Veterans Federation Party vs. Comelec)First parameter in determining the winners: 20% allocation.Under the law, partylist representation composes 20% of the total number of representatives including the partylist reps. 20% is only a ceiling and not mandatory. It does not have to be filled up, according to the Supreme Court.The formula therefore is:(No. of district reps/.80) X .20 = Maximum

Burning out?!

2007-05-20T22:51:00.001-07:00

You have set yourself up for long days of study. If you’re a full-time bar reviewee, you have at leat six months of preparation time ahead of you. You’re prepped up, excited and willing to burn more calories for intense brain activity. 9-12 hours of studying each day. More studying. Then another bar review lecture. More practice tests. Imagine doing this for six months! It would not be normal if

Bar Study and Exam Tips

2007-05-20T22:11:00.000-07:00

Following are tips I culled from the Internet which apply to our preparation for the Philipinne bar:1. Repetition is keyThe more you read the bar review outlines, the better the material becomes ingrained in your memory. Visual abilities are intensified and recall becomes photographic. Upon every reading new matter is gleaned and understanding is heightened.The greater number of practice tests

Welcome to Barops 2008!

2007-05-18T15:50:00.000-07:00

I am a student of what to me is one of the country's top law schools and am taking the Philippine bar exam in 2008 or 2009. I believe in the doctrine that giving is receiving a thousand-fold. I learned this in law school, that if you help others (not with your answers though), you'll reap good karma. Thus this blog is created. Here I will post my notes, the notes of others (with permission as

Studying Election Laws

2007-05-18T06:21:00.000-07:00

I recently attended a three-day lecture of a prominent reviewer in Political Law. In the following days, I will share some of the most important points he raised in the lecture. Since I am quite busy right now with work, I am posting herein a teaser for the meantime. Since we just had our senatorial and local elections, I will take up election law first. What a two-unit subject could achieve in

CAUSE OF ACTION vs. RIGHT OF ACTION

2007-05-18T06:05:00.000-07:00

This was once asked in the bar pertaining to Civil Procedure: Distinguish a cause of action from a right of action.First the definition of both: A right of action is the right of the plaintiff to bring an action and to prosecute that action to final judgment. (Marquez vs. Varela, 92 Phil. 373) A cause of action is an act or omission by which a party violates a right of another.Now the distinction

Basic Maxims: Pro Reo Doctrine

2007-05-18T05:19:00.000-07:00

Whenever a penal law is to be construed or applied and the law admits of two interpretations – one lenient to the offender and one strict to the offender – that interpretation which is lenient or favorable to the offender will be adopted.This is in consonance with the fundamental rule that all doubts shall be construed in favor of the accused and consistent with presumption of innocence of the