GROUP 8

Aguilar, Joses Nio

Barba, Daylinda
Dotong, Bryan
Lagos, Gerald
Mojica, Julius
- - Maryanne Wolf
- Developmental
Psychologist and
Author
 As we read a law, we read
its intent and context and
we get into the mental
framework of the Congress.
 1. We enter into the minds
of judges and justices
2. We uncover how they use
the language, how they
utilize style and voice in
their writing
1. 3. How they reason
- Codals and Jurisprudence
- Read the Materials Repeatedly
- Look for Important Words, Phrases, and Sentences
- Read Contextually
- Context in Chapters
- The Case About the Facts, Issues, and Rulings
- Read the Decision of the Trial Court or the Labor
Arbiter and the NLRC
- FIR Method in Case Digests
- Historical Discussions
Mojica, Julius Lopez
 In law school, there are three basic
reading materials:

Code/Codals
Bare Laws without without commentaries

Commentaries
Text books by professors of law (The draw back
of commentaries is this: students tend to make
them their reading materials)

Jurisprudence
Cases decided by the Supreme Court and can
be read in the Supreme Court Report Annotated
or SCRA.

Mojica, Julius Lopez

Mojica, Julius Lopez
 We live in an age where everything is instantly
available for our use. Technology has pampered us so
much that it deprived us with patience and
perseverance values which are needed in highly
discipline areas of studies such law. This is more
particularly true with the first year law student.
They do not have the habit of repetition. Yet law
studies demand that the materials be read
repeatedly.

Mojica, Julius Lopez

 Law materials contain
technical words, phrases,
and concepts.

Mojica, Julius Lopez

In effect, judicial decision
assume the same authority
as the statute itself and,
until authoritatively
abandoned necessarily
become, to the extent that
they are applicable, the
criteria which must control
the actuation not only of
those called upon to abide
thereby but also of those in
duty bound to enforce
obedience thereto.

Mojica, Julius Lopez

- Felix Frankfurter, Harvard Law
Professor

Mojica, Julius Lopez

Dotong, Bryan
 "By the very nature of cases
involving the application of Article 36, it
is logical and understandable to give
weight to the expert opinions furnished
by psychologists regarding the
psychological temperament of parties in
order to determine the root cause,
juridical antecedence, gravity and
incurability of the psychological
incapacity."
Dotong, Bryan
 " 'To correct' simply means 'to make or set
aright; to remove the faults or error from' while
to change means 'to replace something with
something else of the same kind or with
something that serves as a substitute."

Dotong, bryan
Dotong, Bryan
 The surrounding text of a word or passage, used
to determine the meaning of that word or
passage

It's the picture or image that comes out when

all words and sentences are considered.

Dotong, Bryan
 Context can be found in its
very intent. To know its intent
is to know the context of the
law. To know the context of
the law is to know the law.

Dotong, Bryan
1. Identify the different parts of a sentence;
2. Put them in order;
3. Draw out is main thought or context;
4. Paraphrase it;
5. Relate the main thought to the rest of the
body of law from which the sentence is
derived;
6. Get the over all context (picture, image) of
the law;
7. Use the overall context as guide in reading
every provisions of the law.
Dotong, Bryan
Dotong, Bryan
 Simple Sentence
"Everyone must... act."

Dependent clause
"in the exercise of his rights," and "in the
performance of his duties."

Phrases
"with justice," "give everyone his due," and
"and observe honesty and good faith."
Dotong, Bryan
1. "Every person must ... act";

2. "in the exercise of his right"; "and in the

performance of his duties";

3. "with justice," "give everyone his due,

"observe honesty and good faith"

Dotong, Bryan
- "acting with justice,"
"JUSTICE"
- "giving every person
his due,"

- observing honesty "GOOD FAITH"

- good faith"

Dotong, Bryan
 ''Whenever a person exercises his
right or performs his duties, he must
act justly and in good faith."

Dotong, Bryan
Ask some questions:
Why must we engage justly and honestly with
everyone??
Why insist on this requirement?
Relate with the meaning of the word Civil

The Civil Code is a body of law which deals with

how people must treat each other in society
Dotong, Bryan
The law requires that we need to act
justly and in good faith in dealing with
one another in order to build a civil
society. A civil society is the
indispensable ingredient of a
civilization

Dotong, Brayn
Dotong, Bryan
Lagos, Gerald
Context is also seen by
looking at a chapter of
the law.

Lagos, Gerald
 BOOK I
PERSONS
Title I CIVIL PERSONALITY
CHAPTER 1
GENERAL PROVISIONS

Art. 37. Juridical capacity, which is the fitness to be the subject of legal relations, is inherent
in every natural person and is lost only through death. Capacity to act, which is the power to
do acts with legal effect, is acquired and may be lost.

Art. 38. Minority, insanity or imbecility, the state of being a deaf-mute, prodigality and civil
interdiction are mere restriction to act, and do not exempt the incapacitated person from
certain obligations, as when the latter arise from his acts or from property relations, such as
easements.

Art. 39. The following circumstances, among others, modify or limit to act: age, insanity,
imbecility, the state of being a deaf-mute, penalty, prodigality, family relations, alienage,
insolvency and trusteeship. The consequences of these circumstances are governed in this
code, other codes, the Rules of Court, and in special laws. Capacity to act is not limited on
account of religious belief or political opinion.

A married woman, twenty-one years of age or over, is qualified for all acts of civil
life, except in cases specified by law.

Lagos, Gerald
 Persons
Civil Personality
Juridical Capacity
Capacity to Act
Restriction on Capacity to Act,
and
Limitations on Capacity to Act

Lagos, Gerald
 The terms Persons and Civil
Personality talks about
personality or personhood. That
most likely on the context of Art.
37, 38, and 39, preferably found
at Book I, Title 1 of R.A. 386,
(also known as an Act to ordain
and institute the Civil Code of
the Philippines).

Lagos, Gerald
Lagos, Gerald
 As a student of law, this should give
emphasis that The issues or
question of laws raised by the facts
peculiar to the use are often stated
explicitly by the court. Again, watch
out for the occasional judge who
misstate the question raised by the
lower courts opinion, by the parties
on appeal, or on by the nature of the
case.

Lagos, Gerald
Confusion often arises over the term legal brief.
There are at least two different senses in which the
term is used.

Appellate Brief
Is a written legal argument presented to an
appellate court. Its purpose is to persuade the higher
court to up hold or reverse the trial courts decision.

Student Brief
Is a short summary and analysis of the case
prepared for use in classroom discussion. It is a set of
notes, presented in a systematic way, in order to sort
out the parties, identity, the issues, ascertain what was
decided, and analyzed the reasoning behind decisions
made by the court.

Lagos, Gerald
Titleand Citation
Facts of the Case
Issues
Decisions (Holdings)
Reasoning (Rational)
Separate Opinions
Analysis

Lagos, Gerald
 Title and Citation

Usually this is the case title, the numbers

of case filed at the court, the complaining party,
date of case filed, date promulgated the case.

Example:

G.R. no. 108763 February 13, 1997

Republic of the Philippines
Vs
Court of Appeals and Roridel Olaviano Molina,
respondents

Lagos, Gerald
Facts of the Case

This will include a summary of

pertinent facts and legal points raise
in the case. It will show the nature
of litigation, who sued whom, based
on what occurrences, and what
happened in the lower courts.
Usually narrates the sequence of
events of the case.

Lagos, Gerald
 Issues

The issues or questions of laws raised by the

facts peculiar to the case are often stated explicitly
by the court. Whether or not justifiable,
constitutional and or there is grave abuse of
authority.

Decision or Held

Is the courts answer to a question presented

to it for answer by the parties involved or raised by
the court in its own review of the case. Either denial,
reversal, granted are being held by the trial court.

Lagos, Gerald
Reasoning or Rationale

Is the chain of arguments which

led the judges in either a majority or
a dissenting opinion to rule as they
did. After the ponente made the
final decisions, the dissent opinion
was their basis in an argument in
deciding the case.

Lagos, Gerald
 Separate Opinions

Both concurring and dissenting opinions

should be subjected to the same depth of
analysis to bring out the major points of
agreement or disagreement with the majority
opinion.

Almost in relation with the Rational or

Reasoning, the differences only is between
agreement or disagreement.

Lagos, Gerald
 Analysis

This is the tasked for the student of law to evaluate the

significance of the case, its relationships to the other cases, its place in
history, and what is shows about the court, its members, its decision-
making processes, or the impact it has on litigants, government or
society.

The aim of F.I.R is to develop the student of law a legal

thinking and reasoning with valid reason, legal impediments and basis
aside from the opinion that was made by the ponente.

Students must read carefully all the contents of the case.

Since most of the case that is being digested by every students as the
case are decided. The stare decisis which literally means let the
decision stand, is a judicial policy of adhering to the principles
established in the past cases.

The case is already decided but other opinion might arises

when we still read the case.
Lagos, Gerald
Aguilar, Joses Nio G.
Aguilar, Joses Nio G.
CIVIL CRIMINAL ADMINISTRATIVE LABOR

SUPREME COURT

AFFIRM REJECT MODIFY

Aguilar, Joses Nio G.
It is very important to identify
the syllogistical patterns
found in these court decisions
as we have learned in the
previous reporters.

Aguilar, Joses Nio G.

 In this case, we will identify the
decisions of the trial court, the
Court of Appeals, and the Supreme
Court and try to draw the
syllogistic forms of these
decisions.

Aguilar, Joses Nio G.

 Firstly, the court is of the opinion that
granting the petition would be mere
consonance with the principles of justice
and equity. With his sexual re-
assignment, petitioner, who has always
felt, thought, and acted like a woman,
now possesses the physique of a female.
Petitioners misfortune to be trapped in
a mans body is not his own doing and
should not be in any way taken against
him Aguilar, Joses Nio G.
1. Petitioner always feels, acts and thinks like
a woman;
2. He is a woman trapped in a mans body;
3. This is a misfortune and the petitioner is a
victim thereof;
4. Hence, granting his petitioner is just and
equitable

RTCs argument is inductive and hence, its

conclusion is probabilistic

Aguilar, Joses Nio G.

 The Court of Appeals ruled that the
trial courts decisions lacked legal basis.
There is no law allowing the change of
either name or sex in the certificate of
birth on the ground of sex reassignment
through surgery. Thus, the CA granted
the Republics petition, set aside the
decision of the trial court and ordered
the dismissal of SP Case No. 02-105207.

Aguilar, Joses Nio G.

1. In order that changes of name
and sex in the certificate of
birth be allowed on the ground
of sex reassignment through
surgery, there must be a law
allowing it.
2. The trial court allowed such
changes in Silverios certificate
of live birth;
CAs argument is deductive
3. But there is no law allowing such in that the conclusion
changes on the ground of sex follows its premises. CAs
premises are all actually
reassignment; true. There is indeed no
law allowing such changes
4. Hence, the trial courts decision in the certificate of birth
on the ground of sex
must be annulled as it lacks reassignment but the RTC
allowed such change.
legal basis.

Aguilar, Joses Nio G.

 while petitioner may have succeeded in
altering his body and appearance through the
intervention of modern surgery, no law
authorizes the change of entry as to sex in the
civil registry for that reason. Thus, there is no
legal basis for his petition for the correction or
change of the entries in his birth certificate.

We need not state the

syllogism for SCs
argument because it
is the same with the CAs.
Aguilar, Joses Nio G.
 AS A RULE, USE
THE FULL TEXT OF
THE DECISION IN
MAKING YOUR
CASE DIGESTS AND
IN STUDYING THE
Aguilar, Joses Nio
CASES ASSIGNED.
G.
 Digesting
a case is more like a book
summary, you read a novel or a story
then you summarize the story.

Same thing with case digest, you read

the case and summarize the whole
case into something comprehensive for
a layman and of course for yourself.

Aguilar, Joses Nio G.

 You digest cases in order for you to have
guidelines and overview regarding the case
you've read.
Digest contains brief facts of the case, issue
which needs to be resolve in the case and
the decision and solution given by the court.
Some professors, also require that you
submit your case digests either week, or by
the end of the semester.
Some professors, would like to help you
improve your handwriting by writing digests.
Aguilar, Joses Nio G.
Aguilar, Joses Nio G.
 DO YOURSELF A FAVOR, GET A FULL TEXT COPY
OF THE CASE! You can get the full text of the case
either through the internet or directly from your
law library.
As a general rule you DO NOT! I repeat, YOU DO
NOT read the digest first before the full text of the
case. That is a mortal sin for professors if they
found out you've only read the case digest and not
the full text.

Aguilar, Joses Nio G.

1. Full names of the petitioner and the
respondent;
2. Date of the decision of case;
3. Important places in the case (specific
address, name of the boat, name of the
street, etc.)
4. Justice who penned the case; and,
5. Other information that seem important to
the case.

Aguilar, Joses Nio G.

 CASE NAME/TITLE

DATE OF
PROMULGATION

GENERAL REGISTER
NO.

PONENTE/SURNAME OF THE JUSTICE WHO

PENNED THE DECISION

Aguilar, Joses Nio G.

 Use Complainant and Resondent

Use Plaintiff and Defendant

Use Petitioner, Appell

Aguilar, Joses Nio G.

Aguilar, Joses Nio G.
 Must show the most the important information of the
case
Must provide for the arguments of the parties
Must include ultimate facts relevant to the issue
Must lay down the sequential narration of facts
Must show how the different courts, Judge and justices
ruled the case including the over all legal thought of
the entire case

Where the issue/issues of the case is/are determined

Usually stated in the form of question
Whether or not?
Is the accused? Are the plaintiffs?

this is the DECISION OF THE SUPREME COURT not

the ruling of any lower court regarding the issue
you raised in your issue portion. So, The ISSUE is
the question, the RULING is the answer.
Usually contains the legal basis of the Supreme
Court in deciding such case
Where the Supreme Court establishes certain
doctrine and principle of law
Aguilar, Joses Nio G.
US V. AH CHONG
G.R. No. 5272 , March 19, 1910
CARSON, J.:
FACTS:

ISSUE:

RULING:

Aguilar, Joses Nio G.

US V. AH CHONG
G.R. No. 5272 , March 19, 1910
CARSON, J.:
FACTS:
The defendant, Ah Chong, was employed as a cook at "Officers' quarters, No. 27," Fort Mc Kinley, Rizal Province, and at the same place Pascual Gualberto, deceased,
was employed as a house boy or muchacho. No one slept in the house except the two servants who jointly occupied a small room toward the rear of the building, the
door of which opened upon a narrow porch running along the side of the building
This porch was covered by a heavy growth of vines for its entire length and height
The door of the room was not furnished with a permanent bolt or lock; the occupants, as a measure of security, had attached a small hook or catch on the inside of the door, and were in the
habit of reinforcing this somewhat insecure means of fastening the door by placing against it a chair

On the night of August 14, 1908, at about 10:00 pm, the defendant was suddenly awakened by some trying to force open the door of the room
He called out twice, "Who is there?"
He heard no answer and was convinced by the noise at the door that it was being pushed open by someone bent upon forcing his way into the room
The defendant warned the intruder "If you enter the room, I will kill you."
Seizing a common kitchen knife which he kept under his pillow, the defendant struck out wildly at the intruder (when he entered the room) who turned out to be his
roommate Pascual
Pascual ran out upon the porch heavily wounded
Recognizing Pascual, the defendant called to his employers who slept in the next house and ran back to his room to secure bandages to bind up Pascual's wounds
Pascual died from the effects of the wound the following day
The roommates appear to have been in friendly and amicable terms prior to the incident, and had an understanding that when either returned at night, he should
knock that the door and acquaint his companion with his identity
The defendant alleges that he kept the knife under his pillow as personal protection because of repeated robberies in Fort McKinley
Defendant admitted to stabbing his roommate, but said that he did it under the impression that Pascual was "a ladron (thief)" because he forced open the door of their
sleeping room, despite the defendant's warnings
Defendant was found guilty by the trial court of simple homicide, with extenuating (mitigating) circumstances, and sentenced to 6 years and 1 day presidio mayor, the
minimum penalty prescribed by law
ISSUE:
Whether or not the defendant can be held criminally responsible?
RULING:
No, By reason of a mistake as to the facts, the defendant did an act for which he would be exempt from criminal liability if the facts were as he supposed them to be
(i.e. if Pascual was actually a thief, he will not be criminally liable/responsible because it would be self-defense), but would constitute the crime of homicide or
assassination if the actor had known the true state of the facts (i.e. if he knew that it was actually Pascual, he would be guilty of homicide/assassination)
The defendant's ignorance or mistake of fact was not due to negligence or bad faith
"The act itself foes not make man guilty unless his intention were so"
The essence of the offense is the wrongful intent, without which it cannot exist

"The guilt of the accused must depend on the circumstances as they appear to him."
If one has reasonable cause to believe the existence of facts which will justify a killing, if without fault or carelessness he does believe them, he is legally guiltless of
the homicide
The defendant was doing no more than exercise his legitimate right of self-defense
He cannot be said to have been guilty of negligence or recklessness or even carelessness in falling into his mistake as to the facts
RTC's decision is reversed. The defendant is acquitted.

Aguilar, Joses Nio G.

http://www.lawphil.net/judjuris/juri1910/mar
1910/gr_l-5272_1910.html
Barba, Daylinda C.
Barba, Daylinda C.
 Reference and
discussion about history
or philosophy are
relevant and instructive
to the issues in the
case.
Barba, Daylinda C.
 These extended
discussions by the
Supreme Court gives us
the over-arching
context of the courts
decision
Barba, Daylinda C.
Deals with the history and
philosophical development of
morality
Gives instructions on the
definition and historical
background of public morality

Barba, Daylinda C.
 how we live and why and any
conceptions on the same topic
must be drawn within the context
of the society because, essentially,
man does not live in isolation
but in society. The conceptions of
society about how its members
ought to live and why, constitute
morals.
Barba, Daylinda C.
 Society is kept together by the
invisible bonds of common thought
so that if the bonds are too loose,
the membersthus, society is
justified in taking steps to
preserve its moral code by law as
it does to preserve its government
and other essential institutions.
Barba, Daylinda C.
 Deals with the history and philosophical
development of morality
Gives instructions on the definition and
historical background of public
morality
Court discussions like these are
precious windows that allow us to see
how justices think, reason, and decide a
case and where they get their ideas
letting us into the world of the judicial
mind
Barba, Daylinda C.
Allow us to know how
justices:

think
reason
decide a case
where their ideas are
from
Barba, Daylinda C.
What we read
and how we
read becomes
us.
Barba, Daylinda C.
 Read the codals and jurisprudence as
primary source materials
Read law materials REPEATEDLY, look
for important words, terms and
phrases
Read the law contextually
Read the historical discussions in a
case
Digest a case using FIR format with
an inclusion of the different arguments
made by the trial court, Court of
Appeals, NLRC, Labor Arbiter and the
Supreme Court Barba, Daylinda C.
GROUP 8
Mojica, Julius
Dotong, Bryan
Lagos, Gerald
Aguilar, Joses Nio
Barba, Daylinda