The "YES/NO - BECAUSE - HERE - HENCE" PATTERN.
The Bar Law for Dummies Training Program (BLD) emphasized the importance of the Four Paragraph Rule in presenting examinees'/law students' logical answers and legal analysis of Bar problems, this time using the "YES/NO - BECAUSE - HERE - HENCE" PATTERN.
The BLD has chosen three questions from previous Bar examinations - 2022 Commercial Law Bar Examinations - for this lesson.
"NO/YES - BECAUSE - HERE - HENCE" PATTERN
2022 COMMERCIAL BAR EXAM SUGGESTED ANSWER for question No. 1.
Question No. 1 (Note: open via Google Drive).
https://drive.google.com/file/d/1h9iLu9KhDugub87Tq2ur2MqS4weSCvFh/view?usp=drivesdk
TASK A: LEGAL BASIS
RA 10607. Section 95. A double insurance exists where the same person is insured by several insurers separately in respect to the same subject and interest.
TASK B: ALAC FORMAT IS OPTIONAL
TASK C: THE 4TH PARAGRAPG IN ALAC FORMAT
"NO/YES - BECAUSE - HERE - HENCE" PATTERN
NO, this is not a case of double insurance BECAUSE a double insurance exists where the same person is insured by several insurers separately in respect to the same subject and interest. HERE, Samson, as the owner, and Alibaba, as shipper, insured the same goods. HENCE, there is no double insurance for Samson and Alibaba have different insurable interest over the goods. Samson insured the goods as the owner of it, while Samson insured the same pursuant to its contract of carriage.
“YES/NO – BECAUSE – HERE – HENCE” PATTERN
2022 COMM LAW 2023 BAR EXAM SUGEESTED ANSWER for question No. 2.
Question No. 2
https://drive.google.com/file/d/1h9OlHU2qo7m5t5xNN5CE9ecbPAn13Jek/view?usp=drivesdk
TASK A: LEGAL BASIS
"Section 64. No policy of insurance other than life shall be cancelled by the insurer except upon prior notice thereof to the insured, and no notice of cancellation shall be effective unless it is based on the occurrence, after the effective date of the policy, of one or more of the following:
XXX
"(c) Discovery of fraud or material misrepresentation; XXX
TASK B: ALC FORMAT IS OPTIONAL
TASK C: THE 4TH PARAGRAPG IN ALAC FORMAT
“YES/NO – BECAUSE – HERE – HENCE” PATTERN
NO, Muviel’s beneficiaries will not be entitled BECAUSE discovery of fraud or material misrepresentation is a ground for the insurer to cancel the insurance policy. HERE, Muviel did not disclose that she had a mild stroke prior to her application for insurance. HENCE, X insurance may cancel the insurance policy on the ground of fraud or material misrepresentation.
(b) Should Muviel die after the two-year period, will your answer be the same? Explain briefly. (5 points)
TASK A: LEGAL BASIS
"Section 48. Whenever a right to rescind a contract of insurance is given to the insurer by any provision of this chapter, such right must be exercised previous to the commencement of an action on the contract.
"After a policy of life insurance made payable on the death of the insured shall have been in force during the lifetime of the insured for a period of two (2) years from the date of its issue or of its last reinstatement, the insurer cannot prove that the policy is void ab initio or is rescindable by reason of the fraudulent concealment or misrepresentation of the insured or his agent.
TASK B: ALC FORMAT IS OPTIONAL
TASK C: THE 4TH PARAGRAPG IN ALAC FORMAT
“YES/NO – BECAUSE – HERE – HENCE” PATTERN
NO, the answer will be different BECAUSE after a policy of life insurance made payable on the death of the insured shall have been in force during the lifetime of the insured for a period of two (2) years from the date of its issue or of its last reinstatement, the insurer cannot prove that the policy is void ab initio or is rescindable by reason of the fraudulent concealment or misrepresentation of the insured or his agent. HERE, the insurance policy has been enforced for more than two years. HENCE, the X Insurance cannot void the policy based on fraud or misrepresentation.
“YES/NO – BECAUSE – HERE – HENCE” PATTERN
2022 COMM LAW 2023 BAR EXAM SUGEESTED ANSWER for question No. 3.
Question No. 3
https://drive.google.com/file/d/1h927vKtUlkrxXZEzZvyjlXZd7a-BRJyD/view?usp=drivesdk
TASK A: LEGAL BASIS
Article 1732. Common carriers are persons, corporations, firms or associations engaged in the business of carrying or transporting passengers or goods or both, by land, water, or air, for compensation, offering their services to the public.
TASK B: ALC FORMAT IS OPTIONAL
TASK C: THE 4TH PARAGRAPH IN ALAC FORMAT
“YES/NO – BECAUSE – HERE – HENCE” PATTERN
NO, Kotse Corp. is not a common carrier BECAUSE common carriers are persons, corporations, firms or associations engaged in the business of carrying or transporting passengers or goods or both, by land, water, or air, for compensation, offering their services to the public. HERE, Kotse Corp. connects passengers and drivers using their own vehicles using an online-enabled platform. HENCE, it is not a common carrier for it is not engaged in the business of transporting passengers, but only as transport provider for passengers and drivers for a fee.
(b) Are the drivers engaged in common carrier service? Explain briefly. (5 points)
Yes, the drivers of Kotse Corp are engaged in common carrier service because they are in the business of carrying or transporting passengers or goods or both, by land for compensation, offering their services to the public. [Article 1732, Civil Code]
TASK A: LEGAL BASIS
Article 1732. Common carriers are persons, corporations, firms or associations engaged in the business of carrying or transporting passengers or goods or both, by land, water, or air, for compensation, offering their services to the public.
TASK B: ALC FORMAT IS OPTIONAL
TASK C: THE 4TH PARAGRAPG IN ALAC FORMAT
YES, the drivers are common carriers BECAUSE they are in the business of carrying or transporting passengers or goods or both, by land for compensation, offering their services to the public.
NOTE:
BLD materials are more than just a collection of previous bar examination questions. Teacher Edgar worked hard to organize them by topic and change the answer format in ALAC form, which was designed specifically for digitalized bar examinations.
Sample Practical Exercises
Suggested answer to the 2020-2021 Bar (Day 1 Afternoon set). Question Number 1.
https://drive.google.com/file/d/1hM0rYRe5FjmBNuOjp8bV76YiIwrEPikP/view?usp=drivesdk
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