How To Write A Case Digest

How to Write a Case Digest
Posted by Diory Rabajante on Sunday, April 4, 2010 Under: tips

A case digest or a case brief 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 does not need to go back to the case in order
to remember what he has read.

Format of the Case Digest
I. Caption. This includes the title of the case, the date it was decided, and citation. Include also the
petitioner, respondent, and the ponente.
II. Facts. There is no need to include all the facts. Just include those that are relevant to the subject.
III. 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.
IV. 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.
V. 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.

Sample Case Digest
DOMINGO VS. COURT OF APPEALS
226 SCRA 572
Petitioner: Roberto Domingo
Respondents: Court of Appeals and Delia Soledad Avera
Ponente: J. Romero
FACTS:
On May 29, 1991, private respondent Delia Soledad A. Domingo filed the petition entitled "Declaration of
Nullity of Marriage and Separation of Property" against Roberto Domingo. The petition, which was filed
before Pasig RTC, alleged the following:
(a) they were married on November 29, 1976;
(b) unknown to her (Delia), he had a previous marriage with Emerina dela Paz on April 25, 1969 which
marriage is valid and still existing;
(c) she came to know of the prior marriage only sometime in 1983 when Emerina sued them for bigamy;
(d) since 1979, she has been working in Saudi Arabia and is only able to stay in the Philippines when she
would avail of the one-month annual vacation leave granted by her employer;
(e) Roberto has been unemployed and completely dependent upon her for support and subsistence;
(f) Her personal properties amounting to P350,000.00 are under the possession of Roberto, who
disposed some of the said properties without her knowledge and consent;
(g) while on her vacation, she discovered that he was cohabiting with another woman.
Petitioner filed a Motion to Dismiss on the ground that the declaration of their marriage, which is void ab
initio, is superfluous and unnecessary. He further suggested that private respondent should have filed an
ordinary civil action for the recovery of the properties alleged to have been acquired by their union.
RTC and CA dismissed the petitioner's motion for lack of merit.
ISSUES:
1) Whether or not a petition for judicial delaration of a void marriage is necessary. (If in the affirmative,
whether the same should be filed only for purpose of remarriage.)
2) Whether or not the petition entitled "Declaration of Nullity of Marriage and Separation of Property" is
the proper remedy of private respondent to recover certain real and personal properties allegedly
belonging to her exclusively.
HELD:
1) Yes. The nullification of a marriage for the purpose of contracting another cannot be accomplished
merely on the basis of the perception of both parties or of one that their union is defective. Were this so,
this inviolable social institution would be reduced to a mockery and would rest on a very shaky
foundation.
On the other hand, the clause "on the basis solely of a final judgment delaring such marriage void" in
Article 40 of the Code denotes that such final judgment declaring the previous marriage void is not only
for purpose of remarriage.
2) Yes. The prayer for declaration of absolute nullity of marriage may be raised together with the other
incident of their marriage such as the separation of their properties. The Family Code has clearly provided
the effects of the declaration of nullity of marriage, one of which is the separation of property according to
the regime of property relations governing them.
Hence, SC denied the instant petition. CA's decision
1. Individuality or Substantivity an autonomous or separate
existence; materials composing a thing are not thing in themselves.
2. Appropriability or susceptibility to appropriation

A. Classification under the Civil Code
1. Immovable or Real Property
a. By Nature those which cannot be moved from place to place
Land, buildings, road and constructions of all kinds
Mines, quarries and slag dumps
b. By Incorporation
Trees, plants and growing fruits
Everything attached to an immovable
Fertilizer
c. By Destination
Statues, reliefs, paintings and other objects for use or
ornamentation
Machines, receptacles, implements and instruments
Animal houses, pigeon-houses, beehives, fishponds and
breeding places of similar nature
Docks and structures
d. By Analogy
Contracts for public works, servitudes and other real rights
over immovable property
2. Movables or Personal Property
Those movables susceptible of appropriation which are not
included in the preceding article
Real Property which by any special provision of law is
considered as personal property
Forces of nature which are brought under the control by
science
In general, all things which can be transported from place to
place without impairment of the real property to which they
are fixed
B. Classification by Ownership
1. Res Nullius - does not belong and are not enjoyed by anyone e.g. abandoned property
and hidden treasure
2. Public Dominion owned by the state but enjoyed by all its citizens
The following are things of public dominion:
a. Those intended for public use, such as roads, canals, rivers, torrents, ports and
bridges, constructed by the State, banks, shores, roadsteads and other of similar
character
b. Those which belong to the State, without being for public use, and are intended for
some public service or for the development of national wealth
c. Private Property
d. Effect and Significance of Classification of Property as Property of Public Dominion

I. OWNERSHIP
- Art 429 The owner or lawful possessor of a thing has the right to exclude any person
from the enjoyment and disposal thereof. For this purpose, he may use such force as
may be reasonably necessary to repel or prevent an actual or threatened unlawful
physical invasion or usurpation of his property.
Definition - Independent and general right of a person

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How to Write a Case Digest

Posted by Diory Rabajante on Sunday, April 4, 2010 Under: tips

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