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.
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Please, "WHETHER OR NOT" is NOT answerable by YES or NO.
ReplyDelete"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....
ReplyDeleteWhat if there is no "wether or not" in the case? How can i find the issue? Help me please.
ReplyDeleteNice Info.
ReplyDeleteThanks.
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