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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?

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 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

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 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!

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 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

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 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)

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 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

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 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,

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 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 Executive’s 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

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 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!

5. REFERENCE

> LawFacilitate

> Diory's Diction

> Uber Digests

Unknown sa 6:59 PM

Ibahagi

31 komento:

Ven Hipol Agosto 22, 2016 nang 5:17 PM

Thanks for this information. I appreciate it.
Tumugon

Mga Tugon

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 Karlo de Guzman Nobyembre 10, 2016 nang 9:23 AM
Thanks man! I appreciate your comment! Please stay tuned for more cases and feel free
to ask me to digest any cases you would want me to digest! :-)

Tumugon

Juan Dela Cruz Setyembre 17, 2016 nang 11:17 PM

When making a case digest am I allowed to just cut words from the case or write it in my own
words? Does copying phrases from the case subject to plagiarism?
Tumugon

Mga Tugon

Karlo de Guzman Nobyembre 10, 2016 nang 9:26 AM

Hi! Sorry for the very late reply! I wasn't able to update my cases lately. I was very busy.

No, it cannot be considered plagiarism. You already mentioned the title and the G.R.
number of the case which is the source of your digest. Besides, when you will recite the
case, your digest will be the basis of your answer so I really do not think it is plagiarism.
Hehehe!

I hope it helped you! Good luck!

Tumugon

Unknown Pebrero 16, 2017 nang 3:49 AM

Hi Sir! Can I ask a help form you? We are ask to digest a case and I don't know how to do it
because it's my first time. I am hoping for your response. Thank you!
Tumugon

Mga Tugon

Kaye Ann Marie Busico Pebrero 16, 2017 nang 3:50 AM

GR No. 152262 that's my case.

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 Tumugon

Shaira Halili Pebrero 28, 2017 nang 2:57 AM

sir can i ask for ur help in our case digest :((
Tumugon

Mga Tugon

Unknown Nobyembre 9, 2017 nang 12:44 AM

Oh damn! hahahaha! sorry ngayon lang ako napadpad ulit sa blog ko. Ano po yun?

Tumugon

Camelle Balangue Abril 4, 2017 nang 7:14 AM

Naalis ng may-ari ang komentong ito.
Tumugon

Unknown Mayo 12, 2017 nang 9:17 AM

Thanks so much for the info, Sir! This helped me BIGTIME!!! You're a savior! haha! God bless you
=)
Tumugon

Unknown Mayo 14, 2017 nang 9:17 PM

can you give an example on dying declaration, res gestae, opinion rule and disqualification by
reason of marriage.
Tumugon

Unknown Mayo 30, 2017 nang 4:30 AM

Super thankful to have landed on this page. Really helpful for someone who is not actually a law
student but is required by a lawyer instructor to digest a case. Kudos!! :)
Tumugon

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 Fara Cervantes Hunyo 17, 2017 nang 5:42 AM
Thanks for the Discussion, I'm a first year law student and I am now enlightened on how to digest
cases
Tumugon

Frenzto Farrire Hunyo 18, 2017 nang 6:55 PM

Thank you so much for sharing this! This is a big help.
Tumugon

Unknown Hunyo 19, 2017 nang 7:30 PM

Thanks sir for the enlighthenment and guide how to digest cases.
Tumugon

Unknown Hulyo 1, 2017 nang 11:34 AM

The best guide I found for case digest. Thank you so much!
Tumugon

Unknown Agosto 7, 2017 nang 6:07 AM

Thank you so much for posting this. This helps a lot!
Tumugon

Louie Aguaras Agosto 20, 2017 nang 11:10 PM

Thank you so much sir, it really helps me more on how to digest a certain cases. Probably, it is one
of my edges as a pre-law student. You're one of the generous person in the society, Buena!

Tumugon

Mga Tugon

Ainz Marso 4, 2018 nang 1:20 AM

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 Naalis ng may-ari ang komentong ito.

Tumugon

Unknown Setyembre 5, 2017 nang 9:07 PM

Hi Sir Thank you for this post. It will help me a lot. Can I get you gmail sir. for me to direct email
you for my queries. Thank you so much.
Tumugon

Jasper Mirabuenos Setyembre 22, 2017 nang 3:41 AM

Hi sir! If you don't mind I would like to ask for help regarding G.R. No. 172607, I'm bit confuse
with the facts of the case I'll put in my digest. Thank you so much.
Tumugon

Raniel Echalar Marso 8, 2018 nang 9:35 PM

what a great help for non-law student, thank you
Tumugon

Unknown Marso 23, 2018 nang 7:19 PM

Pwede po ba pa case digest yung GR. no 154920 need ko na po siya kasi sa monday na ang last
defend?
Tumugon

Unknown Hunyo 21, 2018 nang 12:35 AM

New CLJ student here, ngarag pa sa pag digest ng case. Salamat, sir!This helped a lot.
Tumugon

Unknown Hulyo 2, 2018 nang 6:14 PM

thanks a lot for the ideas and tips, i am actually searching for this topic haha ,Im A FRESHEM so
its hard for my soul to make an adjustment for those unusual words .

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 Tumugon

Unknown Hulyo 24, 2018 nang 5:39 AM

such a big help! thank you for sharing this info! :)
Tumugon

Unknown Agosto 15, 2018 nang 5:58 PM

Maraming salamat po! GOD bless!
Tumugon

Unknown Agosto 19, 2018 nang 8:42 AM

Hello can i ask favor. Can u please helo me to make a case digest G.R No. 11513. First time to make
a case digest i dont know how to do it..ty.
Tumugon

Unknown Disyembre 5, 2018 nang 9:38 PM

THANK YOU po
Tumugon

Unknown Disyembre 18, 2018 nang 9:03 PM

it helps me a lot thank youuuuuuu
Tumugon

Unknown Pebrero 4, 2019 nang 8:33 PM

thank you for your blog. thumbs up!
Tumugon

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