Sunteți pe pagina 1din 3

TIPS FOR DIGESTING CASES

Jake Bryson Dancel


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.
classmates 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 Dont 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.

Law Students Help Group Philippines

S-ar putea să vă placă și