Tuesday, July 31, 2012

Last Minute BAR Exam Tips

Approximately two months and about six days more to go before the 2012 BAR exam.

So what does a veteran BAR exam taker have to say regarding preparing for the BAR exam when you only have two months more to go?

Disclaimer: This BAR exam tips are only for those who have study goals for the BAR exam but barely accomplished 10% of those study goals.

BAR PREP TIP #1 

PANIC. Yes! You are reading it right. Shout! Eat like crazy! Run around your room. Cry and sob like a baby! Call a friend! Ask for thirty minutes of your BAR buddy's time and spill your gut! Tell her your fears, your inadequacies as a BAR exam would be taker both real and imagined and your hopes.

BAR PREP TIP #2

CALM DOWN. Now that you've went through the mandatory BAR exam preparation meltdown. Compose yourself. Apologize to those who heard you screaming like a banshee. Forgive yourself for eating 10 pieces of the very expensive MAGNUM ice cream and push this link.

BAR PREP TIP #3

BROWSE AT THE SCHEDULE OF THE 2012 BAR EXAM (If you pushed the link above you will see the schedule.) Some who are preparing for the BAR have a tendency to forget the schedule and would focus more on 3rd Sunday exams and totally forget the first Sunday coverage that they went through the rest of the exams broken because of the "shock and awe" effect of the first Sunday. Look at the schedule. Throw your unrealistic and unfinished schedule and adjust your schedule accordingly. I could not recommend a schedule but I can recommend a way to study.

BAR PREP TIP #4

GRAB A HOLD OF THE UP LAW CENTER BAR Q AND A AND LAST YEAR'S Q AND A.

Study the most frequently asked questions. Understand the law regarding these frequently asked questions and the possible permutations of the questions. List the frequently asked topics and write a note of the key concepts. Memorize the concepts. Usually the questions may not be repeated but the concepts are. In remedial law for example: Rule 45 v. Rule 65, Demurrer in civil v. criminal etc. Bring these notes with you during the exam.

BAR PREP TIP # 5

ATTEND THE BAR REVIEW LECTURES.

Write notes. Write notes from the lectures in  such a way that  you can grasp them as concepts. Write concepts that you do not understand or could not even remember then read your textbook or your codal so that you will understand them.

BAR PREP TIP # 6.

PRAY.

Prayer has a calming effect. :) Because at this point you already had your full trottle meltdown and all you can do now is focus at the task at hand and give it your best. Two months more to go. :) Malapit ka ng maging aTHORney! (copyright PRIYA)
 


Monday, July 30, 2012

Adultery In a Nutshell

Or how to commit adultery. :)

Kidding aside.

Today one of the questions that I answered was "What is the penalty for those who are found guilty of adultery?"

I had to hurriedly browse through my codal (the small bible looking book that law students and lawyers rely on to look for laws without annotations) because truth be told I have not memorized the penalty for this crime.

The answer to  the the texter's question is prision correccional in its medium and maximum periods. The penalty is basically From 2 years, 4 months and 1 day to 4 years and 2 months. up to From 4 years, 2 months and 1 day to 6 years.

But what is adultery anyway?

Article 333 provides that "Adultery is committed by any married woman who shall have sexual intercourse with a man not her husband and by the man who has carnal knowledge of her knowing her to be married, even if the marriage be subsequently declared void."

The offenders of this crime are the married woman and her lover. However the lover can only be found guilty of the crime if he is aware that the woman he is having a relationship with is a married one.

Adultery when compared to concubinage would show the clear bias of our laws in favor of men.

Bu what is concubinage anyway? The answer to that would need another blog. :)

(also submitted for the column with the Sarangani Journal) 



Wednesday, July 25, 2012

No sex marriage

Today, one of our listeners asked a question regarding the marriage of a cousin.

The scenario is that the cousin has a husband who can not engage in sex. The cousin was not aware of the husband's defect prior to the marriage and the defect, reading from the question, appears incurable.

The question is what case can she file?

Article 45 par (5) comes into mind. I told the her that her cousin can file a petition for annulment.

The article mentioned provides that  if "either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable" is a ground for annulment.