HOW TO DO A CASE DIGEST?
1. Read the whole case from start to finish. You can’t effectively
digest what you haven’t read.
2. As you read the case, take note of which facts and issues you’ll
include in the digest.
3. Start your digest with the title of the case, citation, date, and
ponente (SC justice who wrote the majority opinion).
People vs. Tamayo
(61 Phil 225), G.R. No. 38769
August 12, 1967
Justice Avincula
4. Divide your digest into FACTS, ISSUE(S), and RULING sections.
5. Fill in the section on facts w/ the ones you chose earlier. Make sure
that the sentences flow with each other.
FACTS: The accused was prosecuted for and convicted of a
violation of an ordinance. While the case was pending appeal, the
ordinance was repealed by eliminating the section under which
the accused was being persecuted.
6. Fill in the issue section. The “whether or not x x x” is the easiest to
formulate. Some cases have just one issue, some have many.
ISSUE: Whether or not the accused may be prosecuted under the
repealed ordinance?
6. Fill in the section on the court’s ruling. How did the court resolve
the issue? What was the reasoning behind the ruling?
RULING: The repeal is absolute. Where the repeal is absolute, and
not a reenactment or repeal by implication, the offense ceases to be
criminal. The accused must be acquitted.
7. . Your digest is finished. On to the next case!
8. Sample case digest:
People vs. Tamayo
(61 Phil 225), G.R. No. 38769
August 12, 1967
Justice Avincula
FACTS: The accused was prosecuted for and convicted of a
violation of an ordinance. While the case was pending appeal, the
ordinance was repealed by eliminating the section under which
the accused was being persecuted.
ISSUE: Whether or not the accused may be prosecuted under the
repealed ordinance?
RULING: The repeal is absolute. Where the repeal is absolute, and
not a reenactment or repeal by implication, the offense ceases to be
criminal. The accused must be acquitted.