Page 1 of 15 CASE BRIEF/CASE DIGEST • Refers to the student’s condensation of an assigned case. It is a written summary of the case. A case sometimes involves several issues. Digesting the same would help the student in separating one issue from another and understanding how the Court resolved the issues in the case. The student does not need to discuss all the issues decided in the case in his case digest. He only needs to focus on the relevant issue or the issue related to the subject that he is taking. A case digest may also serve as a useful study aid for class discussions and exams. A student who has a case digest may not need to go back to the case in order to remember what he has read.
Page 2 of 15 • Important notes: • - There is no one “correct” form of a case digest. • - But there is a customary and generally accepted form of a case digest. • - Most important is that you keep your case digest brief without shortchanging the facts.
Page 4 of 15 CAPTION • This includes the title of the case, the date it was decided, and citation. Include also the petitioner, respondent, and the ponente.
Page 5 of 15 FACTS • The facts describe the events between the parties leading to the litigation and tell how the case came before the court that is now deciding it. • Include those facts that are relevant to the issue the court must decide to and the reasons for its decision. • Remember…....You will not know which facts are relevant until you know what the issue or issues are.
Page 6 of 15 FACTS • INCLUDE • - WHO the plaintiff and defendants are • - the BASIS for the plaintiff’s suit • - the RELIEF the plaintiff is seeking • - the RULING of the RTC on the case • - and whether or not the CA – AFFIRMED OR REVERSED the decision
Page 10 of 15 RULING • The court’s decision on the question that is actually before it. It provides the answer to the question asked in the “issue” statement.
• If there are several issues, there will also be several holdings/rulings.
• But more important is HOW the court EXPLAINED ITS’ RULING
Page 11 of 15 RULING • E.g. in a case of psychological incapacity: • - REFER TO the provisions of Article 36 of the Family Code • - STATE the substantial and procedural requirements for psychological incapacity to exist • - CITE earlier rulings of the Supreme Court on the subject • - RELATE the facts of the case to the provisions of the law and the earlier rulings of the Court.
Page 12 of 15 RULING (CHI MING TSOI vs. CA, 266 SCRA 324) • One of the essential marital obligations under the Family Code is to “procreate children based on the universal principle that procreation of children through sexual cooperation is the basic end of marriage.” • In the case at bar, the senseless and protracted refusal of one of the parties to fulfill the above marital obligation is equivalent to psychological incapacity • Judgment AFFIRMED.
Page 13 of 15 RULING • Concurring and Dissenting Opinions. • - This part is optional, but it would help to include them because there are professors who ask for separate opinions in recitations.