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SAN BEDA CENTRALIZED BAR OPERATIONS 2017

ACADEMICS COMMITTEE

Guidelines in Writing the Case Digest

Writing a case digest is like telling a story. It must clearly and effectively narrate the facts to
help the barrister understand and visualize what happened in the case. The facts, issues, and
the ruling must all be related to one another such that they form one cohesive story without
any irrelevant information.

Furthermore, the facts of the case digests are similar to the facts in an essay problem while
the issue is akin to the question in such problem. Hence, when a barrister reads the facts and
the issue in a case digest, he must be able to identify correctly, without looking, the decision
of the Supreme Court.

General Comments

• Always use the active voice.


• Do not just copy and paste, especially the facts. If you use your own words, you can
shorten three sentences into one. Be direct and concise.
• Identifying the issue under your Bar subject will affect the facts you will include and the
arguments of the parties that you will highlight.
• If you encounter an issue not covered by your subject, ignore it. It’s not your job to digest
that part of the case. However, kindly notify the subject chair of that other subject.

General Format

• Paper size: 8.5 inches x 11 inches (Letter)


• Margins: 1-inch on all sides
• Font face: Arial
• Font size: 11
• Alignment: Justified

Tickler

• This refers to the topic or the doctrine of the case.


• Use phrases only, not sentences.
• Be specific and utilize the particular circumstances of the case in the development of the
doctrine.
• FORMAT: BOLD, ALL CAPS

Examples:

SPOUSAL SUPPORT UNDER ANTI-VAWC TAKEN FROM GOVERNMENT


RETIREMENT BENEFITS NOT INDIRECT SUIT AGAINST GOVERNMENT
INVOLUNTARY INTERRUPTION IN A TERM CANNOT BE CONSIDERED AS ONE
TERM FOR PURPOSES OF COUNTING THE THREE-TERM THRESHOLD

Caption

• FORMAT (Case Title): Bold


• FORMAT (Others): Normal

Example:

Vivencio B. Villagracia vs. Fifth (5th) Shari’a District Court


G.R. No. 188832; April 23, 2014
Leonen, J.

Facts

STATEMENT OF THE PARTIES

• Full names of the parties with the proper designation as petitioner, complainant, accused,
etc.
• If corporation’s or entity’s name will later on be abbreviated, name should be followed with
the abbreviation enclosed in parentheses.
• After introduction, parties may subsequently be referred to with the last name,
abbreviation, or designation.
• Please indicate only those personal circumstances relevant to the issue, i.e., those
information that will be material to the discussion of the ruling.

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. Remember that the bar examinees may be given a set of facts lifted
from the cases, so eliminate all irrelevant facts.
• Incorporate facts which are divulged only in the latter part of the Decision. They should be
found here and not in the ruling. Otherwise, it will appear random as it comes out of
nowhere.
• No limit to sentences but should not exceed half a page when there is only one issue.
• No need to indicate the following:
o Manner of action (adjectives, etc.) – unless issue pertains to qualifying circumstances
of murder, etc.
o Dates and time – unless issue involves prescription, effectivity of a law, crime was
committed at nighttime, reglementary period, etc.
o Places/Addresses – unless issue involves jurisdiction, venue, etc.

NOTE: The statement of the parties and the facts can be interwoven in one paragraph to
cohesively show what happened in the case.
ARGUMENTS OF THE PARTIES

• There is an argument on the side of the petitioner why the case reached the SC. Indicate
only such argument connected to your Bar subject.
• Provide the counter-argument of the respondent which is directly contrary to that of the
petitioner. This will provide the clash highlighting the issue to be resolved.
• Use transition words in introducing the arguments of the parties such as but not limited to:
“during trial”, “on appeal,” and “when the case reached the Supreme Court.”

STATEMENT OF THE CASE

• Step by step, indicate the rulings of the courts that took cognizance of the case.
• No need to spell out the names of the court and such other government entities, if they
are already of public knowledge (e.g., CFI, RTC, CA, SC, DOLE, etc.). If the acronyms
may stand for different entities, spell it out at the first instance (e.g., CIR may refer to the
Court of Industrial Relations or to the Commissioner of Internal Revenue)
• Indicate how the case reached the SC: Is it an original action? Is it an appeal? Is it a
petition for certiorari? Is it a motion for reconsideration? Etc.
• Take note that a Petition for Review on Certiorari under Rule 45 is completely different
from a Petition for Certiorari under Rule 65. The former is a mode of appeal while the latter
is an original special civil action.
• Write this in two or three SHORT sentences ONLY.

NOTE: The arguments of the parties and the statement of the case can be interwoven in one
paragraph to effectively tell a story.

Issue

• The issue must be able to stand on its own. The barrister should be able to understand
the issue and the ruling even without reading the facts of the case.
• Issues may be factual or legal:
o Factual - refers to the application of the law relevant to the facts of the case
e.g. Is there treachery in the commission of the crime?
Is the lawyer liable for direct contempt?
Is the extrajudicial admission of the accused admissible as evidence against
him?
o Legal - although still facts-based, it directly refers to the doctrine of the case
e.g. Does shooting a person from the back constitute murder?
Does a lawyer’s failure to attend a hearing constitute direct contempt?
Does an accused’s extrajudicial admission made without the presence of his
counsel admissible in evidence against him?
o The issue indicated in the case digest is preferably the LEGAL ISSUE.
• Use close-ended questions which can be answered by a Yes or No.
• Issue should be clear, concise, and specific.
• If there is only one issue, AVOID GENERAL QUESTIONS.
• If there are several issues related to your subject capable of being represented as one
issue, a general question is permissible. Aim to simplify the issues into one question. At
the same time, make sure that in the ruling, the several issues are accordingly threshed
out.
• Make sure that the issue is not just an obiter dictum. If it is, state so.

Ruling

1. Short answer: In ONE SENTENCE, quickly answer and restate the question with a brief
overview of the reason: “Yes, shooting a person from the back constitutes murder because
the victim is not given the chance to defend himself.”
2. Legal basis: State the applicable law, doctrine, rule, principle, case, etc., used by the
court in arriving at the decision.
3. Application: Analysis of the facts of the case vis-à-vis the legal basis.
4. Conclusion: Must be relevant to the ultimate issue of the case related to the facts.
“Therefore, accused is guilty of murder.”

NOTE: Avoid offhandedly rephrasing the ruling of the court. The doctrine might be
substantially changed should you do so.

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