15 ways of citing law in essay exams

When citing a legal provision, either from statute or from the Constitution, during the bar examination or during law school examinations, remember the following tips by Atty. Rey Tatad, Jr. (Rephrased to fit the flow of discussion.)

[1] No less than the (e.g. 1987 Constitution) provides for the xxx.
[2] The (e.g. Rules of Court) provides in part that xxx.
[3] Under the (e.g. due process clause, the no-bail clause under RA 9165, etc.), xxx.
[4] Under the law on (e.g. insurance premium), xxx.
[5] Under the law, xxx.
[6] According to the (e.g. Family Code), husband and wife shall xxx.
[7] The law is explicit on the matter of adoption that xxx.
[8] The law on sales expresses in part that xxx.
[9] By express provision of law, xxx.
[10] By operation of law, xxx.

PJ'S NOTE: Actually, "by operation of law" is used to mean that the law already considers the situation so. For example, setting off under the law on obligations and contracts is by operation of law. There is no need for judicial action in order for setting off to take place between mutual creditors and debtors for debts that are already due.

[11] As a matter of law, xxx.
[12] Worth remembering (BETTER: Worth to note) is the law on co-ownership which provides in that xxx.
[13] Decisive on the matter is the pertinent provision of the (e.g. law on property). Possession shall be presumed in good faith and he who alleges bad faith bears the burden of proof.
[14] Our succession law prescribes certain formalities in the making of a will. One such formality is xxx.
[15] By legislative fiat, the act of asking for sexual favor in exchange of promotion or employment xxx.

SOURCE: TECHNIQUES IN ANSWERING BAR QUESTIONS BY ATTY. REY TATAD, JR from https://www.facebook.com/attyiwillbe/posts/848575985328253

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