How to digest CASES
by DAVE POGI
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.
How to
Digest
Cases
Dave Mariano Batara
Ex ni Balerie
Pinakapoging Law Student ng ISU