Introduction laws are easy to memorize, but Digesting cases is part of a law memorization is useless if you would not student's life. Such activity forms 33-40% know how it is being applied. Bear in mind of the time a law student will spend while that the cases decided by the Supreme he is battling at least four years of law Court forms part of the law of the land; school. Most, if not all, students see it as a they are not merely guides to pain in the ass. interpretation but rather has the same Because of this reason, some force and effect as to that of a valid students try to find ways to make their life legislation. easier, one of which is consulting Atty. Go Last, you are spending astronomical Ogle for ready-made case digests (I was amount of money in law school. You doing this during my early days in the law should make the most out of your school :D). Another is borrowing their investment. classmate’s work and having it paraphrased. For some, they would cram WHAT TO DO… over the full text and copy everything that 1. For starters, you must DECIDE they deem relevant to the case. ON THE FORMAT you will be using and NEVER DO THESE THINGS!!! be consistent in using that format. First, the purpose of your professors Personally, I use Facts/Issue/Held format. in having you required to digest cases is You may also use other formats. not to inflict pain and additional suffering 2. READ THE FULL TEXT of the in your lives, but rather, they want to case assigned. Do not simply look for make you understand the law better by keywords or skip some paragraphs, you consuming the ‘well-done meal’ prepared may be missing the most relevant part of by High Court and understanding the the case in relation to your subject. ‘nutrients’ of the case. That is why it is called ‘digesting’ not ‘dissecting’; the 2.a. Concentrate on the issue/s related to product of this process is a “digested” case. your subject. Most cases involve several Second, by copying a digested case topics and laws. Avoid including the online, you will never really know what matters that is not relevant to your happened and you would end-up praying subject unless it has utmost significance to to all the saints when you are called for the totality of case. recitation. At times, there will be butterflies in your stomach or your heart 2.b. Identify the parties. This is will leap to your throat. important. Interchanging the petitioner Third, copying part of the contents and respondent will get you confused and of the full texts online, some unnecessary may substantially affect the outcome of words or phrases are added to your digest, your digest. it will make it longer and you would consume more ink of that precious 3. WRITING THE FACTS: fountain pen of yours. Next, when you will be taking the 3.a. Do away with using the name of the Bar and will realize that should have read parties. This will save you from writing the full texts of the cases assigned to you lengthy names all throughout the case, during your law school days. Statutory unless the name of the Law Students Help Group Philippines TIPS FOR DIGESTING CASES Jake Bryson Dancel petitioner/respondent is shorter than Identify the issues related to “petitioner” or “respondent”. Make sure your subject or topic. that you use Name-Name and pronoun- Be consistent with your pronoun reference for your parties. opening words most commonly used Identify what is convenient. are: Is x x x? Illustration: Whether or not x x x. (end with 3.a.1. Rogelito D. a period) Nakapagpabagabag – use Did x x x x? “petitioner” or “respondent” instead. 3.a.2. Jan Go – use “as- 5. HELD/RULING is” or use last name This is where the main dish is… “the meat” of the case. 3.b Do not include dates unless they are Write it like you are material facts of the case. answering in your exam. Example: A – nswer The parties entered into a contract. Answer the issue you When the obligation became due and raised with “Yes or No.” Look demandable, the debtor failed to comply. at the dispositive portion of the decision or the “wherefore -vs- premises considered” paragraph to double check. The parties entered into a contract You may also add, “The on October 10, 2017. On December 31, petition is devoid of merit” etc. 2017, when the obligation became due and demandable, the debtor failed to comply L – egal basis with his obligation. Make sure that it is related to your issue and that it is 3.c Briefly state the reason why the what the court used in coming up action was instituted. Try to include only with their decision. Use general the facts that gave rise to the issue. words like, “under the law”, “the law provides”, “the court said”, etc. 3.d State each action across the You may replicate the different levels of the court and the words used by the court here. judgment. Ex. Z instituted a civil action A – pplication against X before the (court a quo), who Narrate the facts in ruled in favor of Z. Aggrieved, X appealed connection with the legal basis to the (appellate court) … (continue until the judgment of the court before it was C – onclusion elevated to the SC). Hence, this It is like an echo of your appeal/petition. application. It usually starts with “Hence,” “Therefore”, etc. 4. ISSUE Law Students Help Group Philippines TIPS FOR DIGESTING CASES Jake Bryson Dancel N.B. Do not include the dispositive FINAL NOTES: portion for goodness sake! Please remove footnotes if you are doing the copy-paste method. 5. Read your output and check for Don’t obvious that you just copied grammatical errors and spelling the digest online. Be consistent. corrections. Use notepad app for your draft, if available. (save the environment) Caveat: This is only my recommendation and opinion based on my own observation 6. Prepare your case for the prescribed on how some students do their case digests. form of your professor. (written/printed)
Sample case digest:
IN RE: MANZANO A.M. No. 88-7-1861-RTC October 5, 1988
Facts: Judge Rodolfo Manzano sent a
letter to the Supreme Court requesting to allow him to accept appointment as a member of the Ilocos Norte Provincial Committee on Justice create pursuant to Presidential Executive Order No. 856 as amended by EO No. 326.
Issue: Whether or not Judge Manzano can
accept appointment as a member of INPCJ.
Held: No. The committee was created by
the executive branch of the government where its members discharge administrative functions. Though it may be quasi-judicial, it is still administrative in nature. Judge Manzano is not a subordinate of an executive or legislative official, however eminent. His integrity in the adjudication of cases contribute to the solidity of such structure. RTC Judges may only render assistance to the aforesaid committees when such assistance is reasonably incidental to the fulfillment of their judicial functions.