How to make case digest brief but concise

Step 1: make an outline of Fact, Issue, and Ruling.

Step 2: In the first outline which is the Fact identify the most important substance in the case including
the legal basis or legal evidence ------ It should be authentic and systemized. You can use the 5 W’s and
H questions.

Who was involved?

What happened?

When did it happen?

Where did it happen?

Why did it happen?

How did it happen?

Example:

Republic of the Philippines

SUPREME COURT

Manila

SECOND DIVISION

CHI MING TSOI, petitioner,

vs.

COURT OF APPEALS and GINA LAO-TSOI, respondents. ----- it answered the question of Who.

GR No. 119190 --------------------- always indicate this, it is special the General Registry number.

16 January 1997 ---- the date/ it answered the question of When.

FACTS: --- the summarization of the whole case begin here, put all the legal evidence brief but concise.

On 22 May 1988, plaintiff and the defendant got married. Although they slept in the same bed since
May 22, 1988 until March 15, 1989, no sexual intercourse took place. Because of this, they submitted
themselves for medical examinations. She was found healthy, normal and still a virgin. Her husband’s
examination was kept confidential. ------ when stating the fact always think the substantial evidences.
It answered the question of What, When, Where, How, and Why.

The plaintiff claims, that the defendant is impotent, a closet homosexual, and that the defendant
married her, a Filipino citizen, to acquire or maintain his residency status here in the country and to
publicly maintain the appearance of a normal man. The plaintiff is not willing to reconcile with her
husband.

The defendant claims that should the marriage be annulled, it is his wife’s fault. He claims no defect on
his part, as he was found not to be impotent, and any differences between the two of them can still be
reconciled. He admitted that they have not had intercourse since their marriage until their separation
because his wife avoided him. He added that his wife filed this case against him because she is afraid
that she will be forced to return the pieces of jewellery of his mother, and, that the defendant, will
consummate their marriage.

The trial court declared the marriage void. On appeal, the Court of Appeals affirmed the trial court’s
decision.

Hence, the instant petition.

Step 3: after we Identify the fact, we are now to search for Issue ----- it is always start in the sentence
of Whether or Not. WoN is the indication of the case need to resolve. Sometimes this indicator is always
find in the middle of the case.

Example:

ISSUE:

Whether or Not petitioner is psychologically incapacitated?

Step 4: for the last outline which is Ruling. This is the resolution to the issue. Always found in the end
of the case. You must need to justify the ruling.

Example:

RULING:

Yes. Senseless and protracted refusal to consummate the marriage is equivalent to psychological
incapacity. – your own statement!

Appellant admitted that he did not have sexual relations with his wife after almost ten months of
cohabitation, and it appears that he is not suffering from any physical disability. Such abnormal
reluctance or unwillingness to consummate his marriage is strongly indicative of a serious personality
disorder which to the mind of the Court clearly demonstrates an ‘utter insensitivity or inability to give
meaning and significance to the marriage’ within the meaning of Article 36 of the Family Code. ---- based
on the fact!

Petitioner further contends that respondent court erred in holding that the alleged refusal of both the
petitioner and the private respondent to have sex with each other constitutes psychological incapacity
of both. However, neither the trial court nor the respondent court made a finding on who between
petitioner and private respondent refuses to have sexual contact with the other. But the fact remains
that there has never been coitus between them. At any rate, since the action to declare the marriage
void may be filed by either party, the question of who refuses to have sex with the other becomes
immaterial. ---- based on the fact!

One of the essential marital obligations under the Family Code is “to procreate children based on the
universal principle that procreation of children through sexual cooperation is the basic end of marriage.”
In the case at bar, the senseless and protracted refusal of one of the parties to fulfil the above marital
obligation is equivalent to psychological incapacity. ---- based on the fact!

IN VIEW OF THE FOREGOING PREMISES , the assailed decision of the Court of Appeals dated November
29, 1994 is hereby AFFIRMED in all respects and the petition is hereby DENIED for lack of merit. – ruling
of the court!

The petition is DENIED. – your own statement!

GOOD LUCK!
AJA!