Linggo, Abril 19, 2015

LET'S DIGEST (A GUIDE ON HOW TO DIGEST A

CASE)
LET'S DIGEST
(A GUIDE ON HOW TO DIGEST A CASE)

Hi guys! I'm here to tell you some tips on how to properly digest
a case. As a law student, we are often asked by our professors as
a requirement to digest cases which are normally assigned by your
professors for the whole semester. These cases contains the real
life application of the principles and theories that are discussed
in the law. Some cases are long and some are short, some can reach
up to 30 pages and some reach only 2 to 5 pages, it depends on how
critical the case is.

Now, some students have difficulty in digesting these cases whether

they are long or short. Probably because of lack of experience in
digesting cases or probably this is a new concept for you. Digesting
a case is more like a book summary, you read a novel or a story
then you summarize the story. Same thing with case digest, you read
the case and summarize the whole case into
something comprehensive for a layman and of course for yourself.

Here are some tips I'd like to share with you today. Some of these
tips are supported by different sources from other blogs on How to
Write a Case Digest. I'll be posting the links of these sources in
the end of this blog.

WHY SHOULD YOU DIGEST CASES?

The cases that will be assigned to you will be a huge part of the
discussions and recitations. It's really hard to answer a question
which you do not know the answer, sometimes, you've read the cases
by heart and understand the doctrines inside it but because there
are tons of cases to read you might find yourself mixing facts and
ruling up and that's bad too. You digest cases in order for you to
have guidelines and overview regarding the case you've read. Digest
contains brief facts of the case, issue which needs to be resolve
in the case and the decision and solution given by the court. You
cannot possibly memorize everything except if you're a boy genius
or someone who have a photographic memory.

Some professors do not allow open books but allow open written
notes, without a copy of a full text you're a goner and you'd
probably mix up the facts of the cases assigned. When you have a
written digest, you can follow the discussion and probably even
prepare for the questions that might be asked by the professors
with the little life save you call, "Case Digest".

Some professors, also require that you submit your case digests
either week, or by the end of the semester. Don't do the digests,
and it's your loss. Some professors give considerations for the
effort given in the digest. Some professors put an incomplete (INC)
mark to those who did not pass their cases or those who have
incomplete case digest. It may not be possible for your professors
to read all your digests but it's worth the effort to impress your
professor with a complete and magnificent case digest.

STEP 1: GET YOURSELF A FULL TEXT

COPY OF THE CASE.
Why? I'll tell you why. You want to appreciate and understand a
story? Read the book and watch the movie after. As a general rule
you DO NOT! I repeat, YOU DO NOT read the digest first before the
full text of the case. That is a mortal sin for professors if they
found out you've only read the case digest and not the full text.
It gives you that image of being lazy, and that's a big problem
with the capital "P" in it. But as the saying goes, "if there's a
general rule, there's an exception" which is, if you are hopeless
already and you have to finish the case before the end of the world
which is the class itself. But this is not advisable some professors
are tricky and try to ask questions that are found in the full text
and most of the time are being overlooked by the students (Such as
the date, the justice who penned the case, the names of the
petitioner and respondent, etc.). SO DO YOURSELF A FAVOR, GET A
FULL TEXT COPY OF THE CASE! You can get the full text of the case
either through the internet or directly from your law library.

HERE'S A TIP:

You can just leave the copy of the list of cases to the
librarian or the Xerox Copy Person (XCP because I do not know how
those people are called.) and ask him/her kindly if he/she could
go look for the listed cases there, if they are kind enough to
fetch the case for you then you're lucky, and perhaps a tip would
be nice to show your appreciation. Make sure you give them the case
list 2 days or a day before you need the copies of the full text.
It's not easy to xerox all those cases you know. If not? Well, it's
one hell of a long journey for you looking at the SCRA one by one.
I prefer getting the full text of the case directly from the
library than the internet. Why? You can see the rulings directly
at the first page of the SCRA, it's already categorized according
to a particular topic of law related/included in the case. It's
much easier to digest.
STEP 2: DON'T JUST LOOK AT IT, READ IT!
You got the case? Good. Now, you read it. Have this relationship
with the case, you pay close attention to the case and while you're
at it perhaps you might want to write some notes regarding the
case not so hard of a start isn't it? Reading the case takes some
time, but take note of the important things just in case, these
are:

Full names of the petitioner and the respondent;

Date of the decision of case;
Important places in the case (specific address, name of the
boat, name of the street, etc.)
Justice who penned the case;and
Other information that seem important to the case.
These things are important specially in Criminal Cases specially
the time and place where the crime was committed.

Now, some cases are interesting, criminal cases, cases relating

to annulment and the likes. However, you'll have a problem with
cases that will not really spark your interest. For me, cases
relating to tax and corporations are incomprehensible and boring,
but you have to read these cases no matter what. It's worth the
effort guys. If you can read fifty shades of grey or the twilight
saga then you can also read those cases. Think that your life and
grade depend on it. Put humor in the cases, something that will
remind you of what is that case all about.

STEP 3: NOW WRITE!

Don't just think bout them, ink them. Remember that a case digest
should be a page short only as much as possible, you're not
rewriting the full text, you are summarizing it. Now there are
formalities which are to observed in writing down your case
digest, I will discuss them step by step.

STEP 3.A: NAME OF THE CASE, GR. No., DATE

and JUSTICE WHO PENNED THE CASE.
This is important. If the full text is entitled "Maria Corazon de
Jesus Victoria Trinidad vs. Manuel Gabriel" or if the case have
many petitioners and respondents, the you can shortcut it into
(for my example) "Trinidad v. Gabriel" Last name of the
petitioner and last name of respondent.
 (based on an actual case. Note: I removed the name of petitioner and respondent)

Then after the case title, under that, you put the G.R Number of
the case and the date of the decision of the case beside it.

(based on an actual case. Note: I removed the name of petitioner and respondent)

After writing those two, you write the surname of the Justice who
penned the decision.

(based on an actual case. Note: I removed the name of petitioner and respondent)

Your Case Caption should look like this (based on my example

earlier):

TRINIDAD v. GABRIEL
G.R. No. XXXXXXX, August 30, 1950
DE GUZMAN, J.:
STEP 3.B: FACTS
Facts are the brief story of the case. You should write what
happened in the case, who are the petitioner and the respondents,
what is the decision of the Court of Appeals and Lower Courts.
Facts should be brief as possible. A digest is a summary of the
full text and not another copy of the full text.

STEP 3.C: ISSUE

Issue for me, always starts with WHETHER OR NOT followed by the
issue that is related to your topic. For example, the topic is
warrant of arrest and the issue in the case is the validity of the
warrant, then your issue should be, WHETHER OR NOT the warrant is
valid.

STEP 3.D: RULING/HELD

This is the decision of the SUPREME COURT. I repeat, this is
the DECISION OF THE SUPREME COURT not the ruling of any lower court
regarding the issue you raised in your issue portion. So,
The ISSUE is the question, the RULING is the answer.

You can use Ruling or Held, whatever is comfortable for you. The
point is, you or other people should see the decision of the court
whether it is granted or dismissed and the rationale for such
decision. Decision should answer the issue as i said earlier, if
you put a decision that does not answer your issue then you have a
problem discussing the case.

STEP 3.E: HOW IT SHOULD LOOK LIKE

TRINIDAD v. GABRIEL
G.R. No. XXXXXXX, August 30, 1950
DE GUZMAN, J.:

FACTS:

ISSUE:

RULING:

STEP 3.F: SAMPLE DIGEST

 BIRAOGO v. THE PHILIPPINE TRUTH COMMISSION OF 2010
G.R No. 192935. December 7, 2010
MENDOZA, J.:

FACT:
E.O No. 1 establishing the Philippine Truth Commission (PTC) of
2010 was signed by President Aquino. The said PTC is a mere branch
formed under the Office of the President tasked to investigate
reports of graft and corruption committed by third-level public
officers and employees, their co-principals, accomplices and
accessories during the previous administration and submit their
findings and recommendations to the President, Congress and the
Ombudsman. However, PTC is not a quasi-judicial body, it cannot
adjudicate, arbitrate, resolve, settle or render awards in disputes
between parties. Its job is to investigate, collect and asses
evidences gathered and make recommendations. It has subpoena powers
but it has no power to cite people in contempt or even arrest. It
cannot determine for such facts if probable cause exist as to
warrant the filing of an information in our courts of law.

Petitioners contends the Constitutionality of the E.O. on the

grounds that.

It violates separation of powers as it arrogates the power of

Congress to create a public office and appropriate funds for its
operation;
The provisions of Book III, Chapter 10, Section 31 of the
Administrative Code of 1987 cannot legitimize E.O. No. 1 because
the delegated authority of the President to structurally reorganize
the Office of the President to achieve economy, simplicity, and
efficiency does not include the power to create an entirely new
office was inexistent like the Truth Commission;
The E.O illegally amended the Constitution when it made the
Truth Commission and vesting it the power duplicating and even
exceeding those of the Office of the Ombudsman and the DOJ.
It violates the equal protection clause

ISSUE:
WHETHER OR NOT the said E.O is unconstitutional.

RULING:
Yes, E.O No. 1 should be struck down as it is violative of the
equal protection clause. The Chief Executives power to create the
Ad hoc Investigating Committee cannot be doubted. Having been
constitutionally granted full control of the Executive Department,
to which respondents belong, the President has the obligation to
ensure that all executive officials and employees faithfully comply
with the law. With AO 298 as mandate, the legality of the
investigation is sustained. Such validity is not affected by the
fact that the investigating team and the PCAGC had the same
composition, or that the former used the offices and facilities of
the latter in conducting the inquiry.

4. CONCLUSION
So That's all that you need to know with regards to digesting
cases. I hope these helps and please let me know what you think
about digesting cases. We're also open for other suggestions just
leave it on the comments section. THANK YOU AND GOOD LUCK WITH YOUR
DIGESTS!