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Case Digest Guidelines

This document provides guidelines for writing case digests, which summarize Supreme Court decisions. It outlines the following: - Case digests test one's ability to recall and apply legal principles studied. They contain facts like an essay problem and an issue like an essay question. - Summaries should use active voice and not simply copy text. - Only include facts relevant to the identified issue. - Outline the arguments of the parties and issue in question. - The ruling should apply the relevant law to the facts and conclude by restating the answer to the issue.

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Keij Ejercito
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801 views

Case Digest Guidelines

This document provides guidelines for writing case digests, which summarize Supreme Court decisions. It outlines the following: - Case digests test one's ability to recall and apply legal principles studied. They contain facts like an essay problem and an issue like an essay question. - Summaries should use active voice and not simply copy text. - Only include facts relevant to the identified issue. - Outline the arguments of the parties and issue in question. - The ruling should apply the relevant law to the facts and conclude by restating the answer to the issue.

Uploaded by

Keij Ejercito
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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GUIDELINES IN WRITING THE CASE DIGESTS

The Case Digest is intended to be the last major material to be studied by a bar examinee.
It is designed to test his/her ability to recall and apply principles of law that he/she studied
for the entire review period. The facts of the case digests are like the facts of an essay
problem while the issue is like the question of an essay problem. Hence, when a bar
examinee reads the facts and the issue in a case digest, he must be able to identify
correctly, without looking, the decision of the Supreme Court.

GENERAL COMMENTS

 Always use the active voice.


 Do not just copy paste. If you use your own words, you can shorten three sentences
into one.
 Identifying the issue under your Bar subject will affect the facts you will include and
the arguments of the parties that you will highlight.
 If you encounter an issue not covered by your subject, ignore it. It’s not your job to
digest that part of the case. However, kindly notify your subject chair so that the latter
can immediately inform the Over-All Chair for Academics.

TICKLER
 This refers to the topic or the doctrine of the case
 Use phrases only, not sentences
 Be specific and utilize the particular circumstances of the case in the development of
the doctrine
 FORMAT: bold, all caps

Examples:

SPOUSAL SUPPORT UNDER ANTI-VAWC TAKEN FROM GOVERNMENT


RETIREMENT BENEFITS NOT INDIRECT SUIT AGAINST GOVERNMENT

INVOLUNTARY INTERRUPTION IN A TERM CANNOT BE CONSIDERED AS ONE


TERM FOR PURPOSES OF COUNTING THE THREE-TERM THRESHOLD
CASE TITLE
CASE NUMBER; DATE
PONENTE
 FORMAT (Case title): Bold
 FORMAT (Others): Normal

Examples:

Vivencio B. Villagracia v. Fifth (5th) Shari’a District Court


G.R. No. 188832; April 23, 2014
LEONEN, J.

Republic of the Philippines v. Sandiganbayan, et al.


G.R. No. 188881; April 21, 2014
Sereno, CJ.

FACTS
FIRST PARAGRAPH: “STATEMENT OF THE CASE” + STATEMENT OF THE PARTIES
 Statement of the case
 Answers the question: What stage in the proceedings is the case in? Indicate its
current level. Do not start with the first court which took cognizance of the case
 Is it an original action? Is it an appeal? Is it a petition for certiorari? Is it a motion
for reconsideration? Etc.
 Take note that a Petition for Review on Certiorari under Rule 45 is completely
different from a Petition for Certiorari under Rule 65. The former is a mode of
appeal while the latter is an original special civil action.
 Indicate the initial ruling of the first court that took cognizance of the case in a very
short sentence.
 No need to spell out the names of the courts (e.g. Regional Trial Court), if they are
already of public knowledge.
 Write this in two or three SHORT sentences ONLY.

 Statement of the parties


 Full names of the parties with the proper designation as petitioner, complainant,
accused, etc
 If corporation’s or entity’s name will later on be abbreviated, name should be
followed with the abbreviation enclosed in parentheses
 After introduction, parties may subsequently be referred to with the last name,
abbreviation or designation
 Please indicate only those personal circumstances relevant to the issue. No need
for birth date or address if the issue is WoN there was deceit in the transaction to
constitute estafa.

Examples:

In a petition under Rule 65 before the SC, petitioner Abelardo Abundo Sr. (Abundo)
challenges the decisions of the COMELEC and the RTC finding him ineligible to serve as
mayor of Viga, Catanduanes because of the three-term limit rule.

This is a petition for certiorari under rule 45 which seeks to reverse the decision of CA
affirming the ruling of Manila RTC finding Juan De la Cruz guilty of statutory rape.

SECOND PARAGRAPH: STATEMENT OF THE FACTS


 Write ONLY the facts RELEVANT to the issue i.e. tending to prove (or disprove)
the matter required to be proved. Remember that the bar examinees may be given
a set of facts lifted from the cases, so eliminate all irrelevant facts.
 Incorporate facts which are divulged only in the latter part of the Decision. They
should be found here and not in the ruling. Otherwise, it will appear random as it
comes out of nowhere.
 No limit to sentences but should not exceed half a page when there is only one
issue
 No need to indicate
o Manner of action (adjectives, etc) – Unless issue pertains to qualifying
circumstances of murder, etc
o Dates and time – Unless issue involves prescription, effectivity of a law, crime
was committed at nighttime, reglementary period, etc
o Places/Addresses – Unless issue involves jurisdiction, venue, etc

THIRD AND FOURTH PARAGRAPHS: ARGUMENTS OF THE PARTIES


 There is an argument on the side of the petitioner why the case reached the SC.
Indicate only such argument connected to your Bar subject.
 Provide the counter-argument of the respondent which is directly contrary to that
of the petitioner. This will provide the clash highlighting the issue to be resolved.
 Use transition words in introducing the arguments of the parties such as but not
limited to: during trial and when the case reached the Supreme Court.

ISSUE
 Use close-ended questions which can be answered by a Yes or No: “Was the
differentiation germane to the purpose of the law so as to constitute valid
classification?”
 Issue should be clear, concise and specific
 If there is only one issue, AVOID GENERAL QUESTIONS

Political Law  Is the law constitutional?  Was the differentiation


germane to the
purpose of the law so
as to constitute valid
classification?

Criminal Law  Is the accused guilty of the  Was there evident


crime? premeditation to
 Were all the elements of the constitute murder?
crime proven by the
prosecution?
Civil Law  Is the contract void?  Was the property
bought by respondent
lawyer from his client
the subject of litigation
at the time of
purchase?

Legal Ethics  Is respondent administratively  Did the lawyer


liable? represent conflicting
interests?

Taxation Law  Is petitioner exempt from tax?  Was petitioner’s


property actually,
directly and exclusively
used for educational
purposes so as to
exempt it from
taxation?

Commercial  Is the corporate act ultra vires?  Did the corporation


Law have the authority to
operate mailing and
postal services?
Labor Law  Was there a valid cause for  Was the respondent’s
dismissal? habitual absenteeism
a valid cause for
dismissal?

Remedial Law  Is the evidence admissible?  Is the extrajudicial


admission of the
accused admissible as
evidence against him?
 If there are several issues related to your subject capable of being represented as one
issue, a general question is permissible. Aim to simplify the issues into one question.
At the same time, make sure that in the ruling, the several issues are accordingly
threshed out.
 Make sure that the issue is not just an obiter dictum. If it is, state so.

RULING:
FIRST PART: YES OR NO ANSWER
 Quick answer restating the question asked: “Yes, the differentiation was germane…”
 This is just ONE SENTENCE.

SECOND PART: APPLICABLE LAW/DOCTRINE/RULE/PRINCIPLE


- State the law or doctrine first before applying to the facts of the case.
- Cite the provision of law/jurisprudence used by the court in deciding the case, if
applicable.

THIRD PART: APPLICATION OF LAW/DOCTRINE/RULE/PRINCIPLE TO THE FACTS


- Begin with another paragraph.

FOURTH PART: CONCLUSION


- Restate the quick answer using concluding words like “Hence” or “Therefore”.

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