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HOW TO DIGEST CASES

HOW TO EFFECTIVELY AND EFFICIENTLY WRITE CASE DIGESTS.


WHAT IS THE PURPOSE?
• It is to aid law students in the study of law;
• It enhances your memory and analytical skills;
• It enhances your familiarity and appreciation with
existing jurisprudence; and
• It creates an opportunity to improve handwriting.
FIVE (5) IMPORTANT RULES
• Complete
• Concise
• Logical
• Organized
• Original
FORM
• Tickler
• Header
• Doctrine
• Facts
• Issue
• Ruling
WHAT IS A TICKLER?
• This refers to the topic of the case or a
quick guide to the doctrine of the case.
•Use phrases only, not sentences.
HEADER
•Case Title
•Case Number, Date of Promulgation
• G.R. No. stands for “General Register Number”
• SCRA stands for ‘Supreme Court Reports Annotated”

•Ponente
EXAMPLE
Tickler

Header
CASE DOCTRINE
• It is a brief statement of the applicable law or rule upon which the ruling is
based.
• It is usually found in the Ruling part of the Case Digest.
• It serves as an immediate reference or guide.
• The words used should be in the original form; words used by the
Supreme Court.
• Rephrasing or substituting the same with one’s own words should be avoided.
CASE DOCTRINE
FACTS OF THE CASE
• Begin with a statement of the “characters” i.e. the parties involved.
• Names and personal circumstances – it is sufficient to state the “characters”
and their personal circumstances in the first couple of sentences of the
statement of facts.
• Please, indicate only those personal circumstances relevant to the issue. For
example, residence need not be stated unless venue is the issue or some
other related issue.
FACTS OF THE CASE
• Statement of the case
• What stage in the proceedings is the case in?
• Is it an original action? Is it an appeal? Is it a petition for certiorari? Is it a motion
for reconsideration? Etc.
• Write this in two or three SHORT sentences ONLY.
FACTS OF THE CASE
• Statement of the facts
• Write ONLY the facts RELEVANT to the issue i.e. tending to prove (or disprove) the matter
required to be proved.
• There is no limit to the number of sentences for the facts, but if the statement of the facts exceeds
half a page and there is only one issue to be addressed, you are probably doing something wrong.
• Dates and time – write ONLY if relevant to the issue. For example, dates can be relevant if the
issue is prescription, or the time if the issue is if the crime was committed at nighttime.
• Places/Addresses – same rule. Include only if relevant.
• State the allegations and defenses of the parties.
FACTS OF THE CASE

Statement of the parties and statement of the


case combined.
This fact was stated only later in the ruling of
the Supreme Court. Rearrange the facts if
necessary.

This fact also appeared only later in the ruling


but it more logically falls under the statement
of facts.
ISSUE OF THE CASE
• The issue can either be an open-ended or a close-ended question
• Instead of using “whether or not”, use close-ended questions. For example, instead of saying
“Whether or not the accused is guilty of murder”, say “Is the accused guilty of murder?”
• The issue must be clear, complete and concise. Instead of saying “Is the accused guilty of the
crime charged?”, say “Is the accused guilty of murder?”
• Make sure that the issue is not just an obiter dictum. If it is, state so. An obiter dictum is an
“opinion” of the Supreme Court. It is not the main issue or is not an issue relevant to the
resolution of the main issue.
• The issue must pertain to a matter contained in the particular subject you are writing the
digest for. If you encounter an issue not covered by your subject, ignore it.
ISSUE OF THE CASE
RULING OF THE SUPREME COURT
• Quick answer to the issue/Ruling of the court
• Answer yes or no if the issue is a close-ended question. If open-ended,
address the issue accordingly. This should ideally only be stated in not
more than two sentences.

• Applicable law/doctrine/rule/principle
• State the law or doctrine first before applying the facts to the case.
• Cite the provision of law/jurisprudence used by the court in deciding
the case, if applicable.
RULING OF THE SUPREME COURT
• Application of law/doctrine/rule/principle to the facts
• Begin with another paragraph.
• Conclusion
• Restate the quick answer.
• Use concluding words like “Hence” or “Therefore”.
RULING OF THE SUPREME COURT
• Use the wordings of the Supreme Court.
• Never substitute the words of the Supreme Court by your own.
• Never rephrase.
RULING OF THE SUPREME COURT

Straightforward answer and the


applicable law/doctrine/rule
combined.

Application of the
law/doctrine/rule to the facts of
the case.

Conclusion.
THANK YOU!!!

GOD BLESS!!!

HOW TO DIGEST CASES


By: Atty. Waine Diokno

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