Andrew Jan M.

Nacita
What are the Four C’s of effective decision writing? Explain Each
a. Completeness- this requirement states that these shall be in the
contents of the decision: Article VIII Section 14 Constitution which
states that no decision shall be rendered by any court without
expressing therein clearly and distinctively the facts and the law
on which it was based. No petition or motion for reconsideration
of a decision of a court may be denied without legal bases. Another
is Rule 36, Section I, of Rules of Court which states that a judgment
or final order determining the merits of the case shall be in
writing personally and prepared by the judge stating the facts and
the law on which It was based. It shall be signed by him and filed
with the clerk of court. Next is Rule 120 Section 2 of the Rules of
court which states that f the judgment is of conviction, it shall state
(1) the legal qualification of the offense constituted by the acts
committed by the accused and the aggravating or mitigating
circumstances which attended its commission; (2) the participation of
the accused in the offense, whether as principal, accomplice, or
accessory after the fact; (3) the penalty imposed upon the accused;
and (4) the civil liability or damages caused by his wrongful act or
omission to be recovered from the accused by the offended party, if
there is any, unless the enforcement of the civil liability by a separate
civil action has been reserved or waived. Lastly, Rule 16 Section 3 of
the Rules of Court which states that after the hearing, the court may
dismiss the action or claim, deny the motion, or order the
amendment of the pleading
b. Correctness- this means that the decision must conform to the
law and settled jurisprudence. Scholarship and Research are the
landmarks of a great decision. Citations of authorities, especially
those concerning novel or difficult issues are always desirable.
Decisions must be correct not only in substance, but also in form.
They must be written in correct English or Filipino.
c. Clarity- a decision should be easy to read and understand. It
should be simple, consistent in tone, tense, words, images and the
logical and grammatical parallelism of words and group of words.
In addition, topics, titles for distinct ideas, headings and
subheadings, numbers or letters for enumerations and succession
of ideas, transition words and phrases, proper punctuation marks,
bold types or italics to stress words and phrases should also be
taken into account.
d. Conciseness- the length of the decision should depend on the facts
and the issues involved. Decisions of courts should be trimmed
down and be kept lean. Judges are not stenographers and should
be able to know how to synthesize, summarize or simplify. Failure
to do so results into the delay for the administration of justice.