Monday, October 1, 2012

FORMAT OF A CASE DIGEST


TITLE: Include the petitioner and respondents of the case and the reference. Sometimes, students only include the Volume Number of the Supreme Court Reports Annotated (SCRA)/Philippine Reports (Phil) and the first page where the case appeared or written. Others only include the Gazette Record Number together with the Date of the case. Still, others include both. Others even add the ponente or the justice that penned the case.

FACTS: There is no need to include all the facts. Just include those that are relevant to the subject. The contents of the facts must be brief and concise. It must be limited to the main facts of the case which of course should focus on the particular subject assigned.

ISSUES: Include only those that are relevant. Issues are usually framed in the form of questions that are answerable by "yes" or "no," for example, "Is the contract void?" Sometimes, students frame the question by starting it with the word "whether," for example, "Whether the contract is void" or "Whether or not the contract is void." The answer to the question has to be answered in the ruling.Furthermore, the issue must have some bearing on the facts above written. There must be a connection between the facts presented and the issued that must be resolved.

RULING: This usually starts with a "yes" or a "no." This is the answer to the question/s involving the issue. After the categorical yes/no answer, the reason for the decision will be explained. Of course, the ruling must be based on the facts and issues written. Concentrate on how the Supreme Court decided on the facts in question. It is advisable that your digest shows that you understand what the case is all about and that you can elaborate more on the rulings given by the Supreme Court as long as it is within the decision of the case.

5 comments:

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    ReplyDelete
  2. Please, "WHETHER OR NOT" is NOT answerable by YES or NO.

    ReplyDelete
  3. "Whether or not" is not indeed answerable by yes or no. That's why "The answer to the question has to be answered in the ruling." It is just one of the ways to present an issue. Nevertheless, thank you. I recognized that I shouldn't have use the word "questions" because issues could be presented using statements, and that is when the use of "whether or not" may come in....

    ReplyDelete
  4. What if there is no "wether or not" in the case? How can i find the issue? Help me please.

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