DEAN ROCKYS MESSAGE Welcome

to Xavier University College of Law (XUCL). Since 1955, XUCL has kept up with the ideals of a Jesuit professional school. It aims for professional competence and developing men and women trained in the theory and practice of law. Throughout the years, the College of Law has met these goals thru being recognized as one of the top law schools not only in Mindanao but in the entire nation. In 2011, the Legal Education Board conferred the Outstanding Law Dean and Outstanding Law School awards to Xavier University College of Law for being one of the 10 best performing law schools in the country based on bar exam results in the past 10 years. Members of our faculty not only possess unparalleled expertise and knowledge in varying fields of law but also unmatched spirit in the arena of public service. You will be taught by professors who have made their mark in the legal profession locally and nationally. In 2011, the Supreme Court, in cooperation with the Society for Judicial Excellence (SJE), awarded the Chief Justice Cayetano Arellano Award in the Second-Level Courts category to one of our professors, Judge Jeoffre W. Acebido of the Regional Trial Court Cagayan de Oro City. Our students have become accomplished men and women both in the private and the public sector. Our roster of alumni includes leaders in different branches of the government, the academe and the corporate sector. Our legal resources are housed in the Xavier University Law Library which boasts of its well-equipped collection of legal materials including digital resources, the latest bar reviewers and a superb staff to assist the students and faculty. In fact, the Xavier University Law Library was recognized as one of the best law libraries in Mindanao.

Association of Law Students Officers 2013-2014

Stacykitz Jamero Dagbay President Gem Tagarda Vice-president Ernesto Baconga Neri Secretary-General Rachiene Cabahug Aguhob Treasurer Ayesha Ryka P Mauyag Auditor Fender Rhodes Bello Lumbatan as Tribunal Head Jafsah Azis Tribunal member

EPSILON BETA KAPPA SOCIETY

The decision to take up law and be a part of the legal profession is not an ordinary one. It involves being prepared not just mentally but also emotionally and financially. I always remind my students that law is a jealous mistress. Thus, being a good law student requires a great amount of dedication and firm commitment.

Remember that with the recent changes in the bar examination, the latest developments in the nations legal controversies with its widespread consequences, there is an increasing demand that lawyers must not only be well-prepared in the conventional areas of legal education but also knowledgeable in the fields which are intertwined with law.
Established 20 years ago, the Epsilon Beta Kappa Society has maintained the tradition of constellating brilliant men and women in the Xavier University College of Law. It is relentless in its resolve to fostering holisitc development among its members, all in the pursuit of legal knowledge and excellence, with important stress on social conscience. Guided by its underlying principles of meritocracy and nonviolence, members of the organization have unremittingly made their mark not only wthin the College of Law but also outside of it. It continues to gather individuals who seek a community of like-minded people who give marked emphasis** on, above all considerations, excellence in studies. More importantly, the Society, accentuating the value of esprit de corps apart from other pursuits that will truly hone a conscientious lawyer, cultivates its members to becoming adroit advocates who actively take part in nation-building and serving the needs of society.

Thus, being a good law student requires a great amount of dedication and firm commitment.

The law school that you choose must prepare you for practice in this rapid-changing world. As you enter the halls of this institution, you will meet students, professors and staff from diverse backgrounds which will bring a rich variety of life and work experiences to your law school existence. I hope you take pleasure and challenge in entering this new phase in your life and career.

Atty. Raul Villanueva

Dean, Xavier University College of Law

STACYS MESSAGE
Its overwhelming to see another batch which chose to be part of Xavier University College of Law. In behalf of the Association of Law Students, welcome to the Xavier Law Community. We enter Law School for various reasons, yet we all aim for one thing to become good lawyers. The journey that we have to take to become who we want to be is a distinctively demanding and exciting world. It is not just opening a law book and closing them whenever you want to. It is not a tasty dessert that everyone would dare to undoubtedly try. It is not even a comfy couch we would want to take simply because we have nothing else to do. It is something we think about. It is something we work hard for. True, we work hard in Law School but I tell you, you are not taking a too serious and boring route. You are all up for your second High School experience. You would not choose to be alone in High School . So better take a look at your seatmate now, he./she might be the one youll be sharing a bucket of laughter while holding a bottle of beer or better yet, a coup of coffee as you talk about your silly moments in class. Yes, this demanding world gets tolerable and exciting as you work with others. The ALSAssociation of Law Students is pleased to work and be with you as you pursue your goal. Your ALS is looking forward to serve you with immense sense of honour, humility and fondness. Let us work together and triumph above the challenges we are to take in our chosen profession. Let us make this journey with just the right mixture of hard work, glee, diligence, laughter, sweat, and bliss. By then, we might just have the right formula not just to survive in law school but to prosper as well.

XAVIER UNIVERSITY CENTER FOR LEGAL ASSISTANCE

The Xavier University Center for Legal Assistance (XUCLA) is a legal aid institution primarily founded to serve the needs of justice. It was created during its first Basic Orientation Seminar last July 6 and 7, 1996 conducted by the Ateneo Human Rights Center (AHRC) and the Promoting Local Initiatives for Democracy and Justice (PRODEM) From June 1997 until May 1999, XUCLA was run by a volunteer lawyer Executive Director, three law student members as Program Directors and two law members as administrative staff. From June to September of 1999, the Program Directors and the Administrative Staff were the ones who managed the center. At present, the Center is managed by an Executive Committee which is composed of the Executive Director , the three Program Directors, the secretary, the treasurer and the Liaison Officer. Vision XUCLA envisions a just, sustainable and human society whose citizens are empowered and are constantly vigilant of their rights and freedom towards building a world free of inequality, injustice, and prejudice among human beings regardless of race, ethnic, culture, age, sex and religion. Mission Towards its vision XUCLA works for: first, the recognition that the legal profession is first and foremost a service profession and that justice shall not be denied or delayed for monetary reasons; secondly, the promotion and protection of human rights and a just, sustainable and humane society.

Stacykitz J. Dagbay
President

FRATERNITAS SCINTILLA LEGIS

LEARNING THE LAW Since human beings, out of the need to survive,
decided to live in small knit societies, the institution of the law began to take root. Unwritten norms that dictate the conduct and govern relationships between hunters and gatherers, wives, and husbands, priests and chieftain kept order and function among themselves and this allowed them to not just survive, but to prosper as well. As nomadic tribes settled in river valleys and learned how to farm, cities began to form. These cities then became kingdoms. Then these kingdoms turned into empires. And empires break into what we know now as nation-states. The story of our history is a familiar narrative and throughout the progress of civilization from tribe to nation, it is the consistent and persistent endeavour of human beings to define and establish the norms that bind communities and establish order that has pervaded, held constant throughout the human story. As novices of the law, what you are about to encounter is not just words on paper but the very fabric that has held our civilization together, in its rise or fall. It is the written fruit of that endless effort we have implored to establish order, define what is right and just and set up institutions that affect our daily lives. You will learn an evolving language and the best way to start the study of the law is to see it first beyond words.

Fraternitas Scintilla Legis is a law based fraternity founded in 1974 by seven (7) brave and courageous male law students of the College of Law of Xavier University Ateneo de Cagayan. They decided among themselves to establish a fraternity that would reflect their common ideals and aspirations. They researched for an appropriate name and agreed to the name "Fraternitas Scintilla Legis". The name embodied their ambitions to become lawyers and be a "spark" to each other in their quest for the ultimate victory. All of the seven founders eventually became members of the Bar. After years of existence, what once a spark of noble intentions is now a scourging flame lighting the field of law in Mindanao and the Visayas, both in the academe and in practice. Fraternitas Scintilla Legis now has chapters in the College of Law of Siliman University, Western Mindanao State University, Bukidnon State University, and Liceo de Cagayan University. Got Spark? Be our Brod!

THE BASIC APPROACH

SELF
Read. Repeat. Review. Fundamental to the study of law is the voluminous intake of legal knowledge from codals, annotated books, cases and other materials. Success or failure essentially rests on the dedication and intensity of a student on smart reading (reading with comprehension). First, know your average reading time by counting how many pages you can finish in an hour. Second, add all pages of your textbooks and other materials you need to read for the entire semester and divide it by the number of days you intend to read all of it. It would be preferable that you allocate 2 weeks before any major exam as purely review time and not taking in new information. By having these numbers, you can build a workable and calculated study plan with the minimum number of inputs you should take every day. Corollary to this is the knowledge for your high or low points of mental absorption. Ideally you must allot 3 hours for a one hour class. Base your study plan on these key personal facts. Sleep. Never forsake a good nights rest. 8 to 6 hours of sleep is essential for greater brain absorption and activity. Never compromise your health. As a general rule, late night cramming and sleepless nights barely help you during exams. Make this a habit and take care of your body. Memorize before you sleep, recall once you wake-up. Memorization is an essential exercise in the study of law. Though not a total requirement, memorization helps you in articulating the law itself and helps you support your arguments. There are several tips in memorization and each person has its own unique style. Try to discover yours as soon as possible and integrate it in your daily readings. Basic is breaking it down into thought chunks and repetition.

PORTIA SORORITY

Portia Sorority was first established in 1976 by Atty. Sandra Gopez, who hailed from the University of the Philippines-Diliman. She brought the ideals of the sorority to the College of Law of Xavier University-Ateneo de Cagayan. Back then, the pursuit of the law as a profession was a male-dominated arena, and thus, the sorority did not fully thrive. However, it was revived in 1980s by two women who are prominent in the city Atty. Armi Jane Borje and Atty. Mary Anne Chavez-Enteria. Still, it was not until 1988 when the sorority started its selective recruitment. Portia sorority selects and exclusively invites ladies with the preconceived potential to embody the real sense of women-empowerment. Every young lady then goes through a process that opens new opportunities, helps her establish connections and a process that leads her to create lifetime relationships. Portia ladies are sisters bonded by a certain cause and this bond is strengthened by a commitment. We commit ourselves to pursue the cause of service, sisterhood and scholarship the revered tenets of the sorority. Portia is composed of women with different backgrounds, characters and priorities but are gathered together to pursue one mission to become effective lawyers through better service, affective sisterhood and progressive scholarship. Portia is exclusive for selected women but its cause extends to all

3. Student on AP who fails 2 Bar subjects with a to will not be readmitted 4. Student who fails to get out of AP one or two con will not be re-admitted 5. No student will be placed on AP for a second AP Lifted All subjects are passed during the semester.

tal of at least 5 units secutive semesters time

OTHERS
Analyze and understand your professor. Each professor is unique in terms of demands and style of teaching. Each one also has a distinct method of evaluating the quality of your answers. Know what they want to find in your answers. Know what provisions of the law they consistently ask. Know the manner that they want the question to be answered. As Sun Tzu puts it; if you know your enemies and know yourself, you will not be imperilled in a hundred battles. In the law school setting, knowing your professor will mostly lessen your chances of defeat during exams. Establish upper-year level connections. The upper class men had been through want you are about to go through and with this come a treasure throve of wisdom. As much as possible, connect with upper year level students since they can give you a personal take of the law, the teachers, and the method. There advises are valuable for it can help you craft a study plan that anticipates the situation. You can also ask for notes, past exams, outlines and other resources that can help you prepare for the daily rigour of law school.

Organizations

FRATERNITAS TANDU LEGIS

I am a Tandu. I exist without noise. I respect the dignity of every men. I live to sustain those who are discriminated, put down and disgraced. I sacrifice so that others may be lifted. I serve as the heart of the dispirted and the flame of those who lose their dignity. I speak the truth and right, even if it leads me to pain. I breathe, in storm or calm, the high ideals of integrity, commitment and excellence. I stand at my brothers side at all times. I dream the impossible. I lead so that those who kneed or weakened may regain their strength. I shed my blood for those who have lost theirs. I swear before my brothers to uphold these truths wherever I am for the rest of my life.

Peer Support. Never forget that you are not alone in the legal journey. You have friends that go through the same experiences you go through. A good support system will not only encourage you to study but will also help you check your own cracks and advances in the study of the law. It is wise to sometimes gather and ask questions to one another so you can build on each others legal knowledge.

TOOLS
Update yourself on latest jurisprudence. Having a stock knowledge of latest jurisprudence is an edge. You can access this bank of cases on legal blogs such as http://lexoterica.wordpress.com/. You can also make it a habit to read one latest Supreme Court decision daily published in their website. Knowledge of juris-

prudence allows you to see how certain laws are applied in varying circumstances and how the interpretation of the law evolves. Develop personal law notes. Having your own notes with your own hand writing and your own form is a tremendous help in your absorption and memorization. Try to condense legal thoughts in one sentence and certain provisions into one word. Digest cases with key facts, main issue/s and the principle of law applied. Diagramming also helps you relate and connect the basic principles of law and help you see the greater principles behind it. By having a solid grasp of its essence or its why, understanding what the law is not so much of an effort. It can also help you generate a mental picture of the law which can aid memorization. Watch the news and/or read newspapers. The law is a changing social institution that responds to the present context. Watching the news especially on matters of legal concern helps you link the law and reality. This may lead you to better appreciate the study of the law. Moreover, make it a habit to relate laws to news reports. This is a great way to review your lessons while watching at the same time.

THE GRADING SYSTEM

5 ways to get kicked out of Law School
1. Failing three (3) bar subjects in the same semester, with a total of at least 9 units If it is with a total of less than 9 units in the same semester, it falls only under Academic probation 2. Failing more than three bar subjects in the same semester regardless of number units 3. Failing the same subject for three times (said subject has at least 2 units) 4. Accumulation of failures in six (6) bar subjects 5. Failing any number of bar subjects with a total of at least 9 units regardless if it is in the same semester.

You are under Academic Probation (AP) when:

(a) you fail 3 bar subjects in the same semester with a total LESS THAN 9 units (b) Failing 2 bar subjects in the same semester, with at least 9 units.

Effects:
1. student may take regular unit load by only a max of 9 units for bar subjects in a sem 2. Remaining on AP A. Student on AP who fails in ANY bar subject remains on probation B. Student on AP who fails in two (2) BAR subjects with a total of less than 5 units

Informal Wear (Saturday) T-shirt with collar paired with jeans Any other clothes not considered as formal, business or corporate, semi-formal, or smart casual wear. Not allowed For Males --- Collarless and sleeveless shirts or undershirts, tattered and/or patched jeans, walking shorts, or short pants, and rubber sandals. For Females --- Sleeveless shirts or undershirts, tattered and/or patched jeans, shorts and short pants, miniskirts more than three (3) inches above the knee, see-through and plunging neckline blouses, midriff (heaven) blouses, off-shoulder blouses and rubber slippers.

NOT ALLOWED
IN LAW SCHOOL

TIPS ON MEMORIZATION by Sung Ryu

1. Connect & Link (The Link Method) As the name suggests, this method involves creating associations between items in a list and assigning images to each connection to help you memorize better. 2. Make a Story (The Story Method) This approach is really similar to the Link Method. While you create a bunch of different images between each two items using the Link Method, you combine everything into one big picture with the Story Method. This helps you remember the sequence of the images and hence the order of the items. 3. Peg Objects to a Number (The Peg System) This is useful for memorizing lists in a particular order. There are two steps: Step 1 requires you to memorize words that are easy to associate with numbers (e.g. 1 to 5). You can use words that rhyme with the number, or shapes that resemble the number. Once this peglist is memorized, you can now associate the words with the list of objects you need to memorize. 4. Draw a Mind Map For memorizing any structured concepts or information, mind maps works well by laying out the structure and making the flow of information more clear. If you are struggling in memorizing the whole decision making process in the correct order for the short answer section on your upcoming law exam, or anything similar, you should try this out!

THE DAILY RECITATION

Generally in law school (which means most professors subscribe to this rule), oral recitation counts as 1/3 of your total final grade. The 2/3 remaining is composed respectively from your midterm and final exam scores. As compared to exams that are one-day events, oral recitations are a DAILY exercise. This daily mental and psychological acrobatics much define the daily classroom life of a law student. Preparing for this is vital not just to get better grades but to also secure a sense of confidence in facing the day. Just take comfort in the fact that everyone gets a chance to have their piece in front of the professor and everybody else. The Socratic Method Most law schools subscribe to the Socratic Method of questioning during oral recitations. This is named after the great Athenian philosopher Socrates. The principle underlying this method is that students learn through the use of critical thinking, reasoning, and logic, finding holes in their own theories and then patching them up. This rapid-fire exchange takes place in front of the entire class, so students get to practice thinking and making arguments on their feet and also speaking in front of large groups. Please also remember that some teachers do not only look at the content of your answer, they also consider your demeanour, your way of speaking, and the depth of your analysis. But this should not encourage you to make a show out of your recitation. The Random Card Generally you are to submit a 1/8 sized index card with your name and course on the first day of class. These index cards serve as your ticket to the daily lottery of oral recitation. And it is in this play of probability that you will begin to realize the fact that preparation is not the only determining factor in law school but also a small amount of luck. Though there is no hard rule, most professors shuffle the cards and once you are called, you are safe for the round until everyone gets called. Other professors do not bother if you were called yesterday or even 5 minutes before.

Semi Formal (Wed and Fri) Long-sleeved polo without a tie and paired with slacks Short-sleeved polo and paired with slacks Any other attire which may be considered as semi-formal wear.

Smart Casual Wear (Wed and Fri) XU Law polo shirt paired with slacks, dark or white pants or khakis

Short-sleeved collared blouses paired with slacks or skirt not more that three (3) inches above the knee round-neck blouse paired with slacks or skirt not more than three (3) inches above the knee Any other attire which may be considered as semi-formal wear.

XU Law polo shirt paired with slacks, dark or white pants or khakis

Clothes not otherwise considered as semiformal attire as defined above, such as, but not limited to, T-shirts, collared shirts, jeans (maong pants), denim skirts, and miniskirts more than three (3) inches above the knee are disallowed.

Clothes not otherwise considered smart casual as defined above, such as, but not limited to, T-shirts, collared shirts, jeans (maong pants), denim skirts, and miniskirts more than 3 inches above the knee are disallowed.

Formal wear (Mon, Tue, Thur)

Business (Mon, Tue, Thur)

Male

Long-sleeves polo worn with a tie and paired with slacks Long-sleeved barong paired with slacks Americana suit paired with slacks Any other formal attire which the Practice Court Professor may define and impose.

Short-sleeved barong or polo barong paired with slacks Long-sleeved polo with a tie paired with slacks Any other attire which may be considered as business or corporate wear.

Female

Any blouse or skirt worn with a blazer paired with slacks or skirt not more than three (3) inches above the knee Knee-length dress/longdress/ Sunday dress worn with a blazer Any other formal attire which the Practice Court Professor may define and impose.

Long-sleeved, collared blouse paired with slacks or skirt not more than three (3) inches above the knee collared blouse paired with slacks or skirt not more than three (3) inches above the knee Any other blouse or skirt worn with an overcoat/cardigan paired with slacks or skirt not more than three (3) inches above the knee Any other attire which may be considered as business or corporate wear.

Not Allowed

Clothes not otherwise considered formal as defined above, such as, but not limited to, T-shirts, collared shirts, jeans (maong pants), denim skirts, and mini-skirts more than three (3) inches above the knee are disallowed.

Clothes not otherwise considered business or corporate attire as defined above, such as, but not limited to, T-shirts, collared shirts, jeans (maong pants), denim skirts, and miniskirts more than three (3) inches above the knee are disallowed.

Once Called Once your name is called, dont act as if youre in shock. Just summon all courage and stand with confidence. You can always invoke divine guidance from the moment you stand. Never look down or glance at your seat mate because these are fatal moves that assures a failing mark for that particular recitation. Opening Phrases Fatal Opening Phrases I think that... I believe that... In my opinion As far as Im concerned...

http://www.lawphil.net/ : Old jurisprudence can be found here http://www.batasnatin.com/ : Provides bulleted summary of legal concepts and provisions http://lexoterica.wordpress.com/: Updates on latest jurisprudence organized by bar topics.

Suggested Opening Phrases The law provides that... Jurisprudence provides that... Article 3 of the Civil Code provides that... In the case of People vs Ah Chong...

DRESS CODE
Informal Wear (Saturday) Both male and female T-shirt with collar paired with jeans Any other clothes not considered as formal, business or corporate, semi-formal, or smart casual wear. Not allowed

Basic Mind framework in answering There is no hard line formula in answering but having a framework would help. Cases remember to cite the facts, the issue or issues that are relevant to the subject matter and the ruling of the Supreme Court. It is advisable to start by discussing the doctrine and then proceed with the case as an application to that doctrine. You can then conclude by synthesizing how the doctrine was applied in the set of facts in that certain case. Codals it is better to memorize the codal provisions or at least its elements. Always remember that you should also be able to define important words. And also understand the relationships and differentiate provisions from one another. This will help you build a better visualization of the provisions. If you do not know the answer When you do not know the exact answer, as much as possible, do not instantly

For Males --- Collarless and sleeveless shirts or undershirts, tattered and/or patched jeans, walking shorts, or short pants, and rubber sandals. For Females --- Sleeveless shirts or undershirts, tattered and/or patched jeans, shorts and short pants, miniskirts more than three (3) inches above the knee, see through and plunging neckline blouses, midriff (heaven) blouses, off -shoulder blouses and rubber slippers.

Working students are exempt from the provisions of this code, provided that an Office Uniform is required of them.

BLUE BOOK NAME SLIP

During Midterm and Final Exams, Blue Books are to be submitted a week before the scheduled exam period. A Blue Book can be purchased at the XU Book Center for Php 17.00. Before submitting the blue book to the deans Office, You have to make 2 names slips ( shown below) which should be attached to each Blue Book. One is stapled at the upper right corner of the front page . The other is inserted in the small envelope located at the back of the front page (and seal the envelope with tape).

declare that before your professor. In this most stressful situation, try to recall from memory any legal provision, principle or jurisprudence that has some semblance of a relationship to the question at hand. Most often than not, professors would be merciful when you never give up trying to utter an answer even though it hovers over the correct one. Some would even guide you to the precise answer. But expect some tongue lashing in certain cases though because in principle, what you gave is not what the professor is exactly looking for. If you do not understand the question Rephrase the question in the way that you understand it and respectfully ask the professor if this is what he/she meant. Different styles of the daily recitation Mock trial Some professors would utilize the oral recitation as a venue for students to pick on each others arguments. For example the professor might call a student to argue for the defense, another for the prosecution and one as judge. So it helps to be very familiar with the assigned cases especially the arguments put forward by both sides and the decision of the court. Provisions Commonly professors ask codal provisions. This includes enumeration of elements, general rules and exceptions to the general rules among others. Case analysis Professors would also ask how you would resolve a particular issue based on given facts. Hence when you give your answer, it should be with legal basis (provision, jurisprudence, legal principle).

LAW 101 BLOCK A (course code and section) DELACRUZ, JUAN (your name) PERSONS AND FAMILY RELATIONS (subj) ATTY. JUANA DELACRUZ (proffs name)
1 1/2 by 2 1/2 inches

LAW LIBRARY
Opening time: 8:00 am Closing time: 8:00 pm (weekday) 5:00 pm (Saturday) To borrow books at the reserved section (where most SCRA is shelved) just present ID and fill some information slip. You can borrow Law books not placed in the reserved section. It can only be taken out at 8:00 pm and returned the following day at 8:00 am. There is a penalty of Php 10 per hour of delay. This is primarily for photocopy purposes.

RECOMMENDED SITES
http://sc.judiciary.gov.ph/: Official Website of the Supreme Court of the Philippines.

Case recitation Long list of cases are regularly given and the professor expects that you have read all of them. So the questions from these cases range from its facts, to the particular issues, the arguments of both sides and the principles and detailed reasoning of the court. Some might even ask the ponente or writer of the decision and the date when it was decided. Most teachers would just ask you to recite the summary of the case (refer to how to digest cases) Do not put all your eggs in the basket of luck. This is the worst strategy in law school. Good preparation can never be substituted and the test of how much you prepare is sharpened by the daily demands of oral recitation. In the first few weeks, your mind and body are still adjusting to the pressure and dread but eventually, as any other learner, you begin to catch your rhythm and all becomes manageable.

Conclusion: This is where you re-enforce your conclusion. This gives emphasis and a definite closing to your argument.

Hence, Allan, the municipal treasurer is liable for malversation committed through negligence or culpa.

USING THE SCRA

Professors usually cite cases using its SCRA number. SCRA means the Supreme Court Reports Annotated. It is a thick book comprised of all cases decided by the Supreme Court in a particular year. LOPEZ VS SANDIGANBAYAN

34 SCRA 116
PAGE NO. VOLUME NO.

To find Lopez vs Sandiganbayan, ask the library staff for SCRA volume 34 then turn to page 116.

C L
:

Conclusion: this is where you directly answer the question

HOW TO READ A CASE

1. Know the Subject matter first Before reading a case, you have to know why the professor has assigned the reading. Obviously it is to see how a particular principle of law is applied to certain facts or how such principle has evolved. By understanding first the reason why, you get to contextualize what you are reading. So it is advisable to see what topic under which the case is given. 2. Read the original

Allan, the municipal treasurer is liable for malversation committed through negligence or cupla.

Law: This is where you cite the particular law that supports your conclusion. It does help that you write the provision itself in toto (word for word) or if not at least the elements of the provision and also what body of law it comes from. The least thing you should do if all fails is to cite the general idea or principle of that particular provision of law but dont expect to get half the credit. Also, it is not necessary to memorize the number of the article or section.

The Revised Penal Code defines the crime of malversation of public funds or property . The elements of the said felony are (1) that the offender be a public officer (2) that he had custody or control of funds or property by reason of the duties of his office , (3) that those funds or property were public funds or property for which he was accountable , (4) that he appropriated, took, misappropriated or consented or, through abandonment or negligence, permitted another person to take them.

Always read the original. It is only reading the whole case where you can build a clear picture of how such case came about. However, there are certain cases that you do not have to read everything. Just give emphasis on the subject matter related to the course. Commonly, professors in substantive law in first year (e.g. Constitutional Law 1) do not give emphasis on the procedural matter on the case (since procedure is taught in second year) 3. Identify the core issue/s You have to spot in the key issue that is related to the subject matter of the reason why the case is assigned. Normally it is somewhere stated in the middle of the case. This is the Whether or not portion. By identifying the key issue/s, you can focus your line of thinking in answering such issue and give you a lens in appreciating the facts. 4. Trace the facts from start to the Supreme Court After finding the issue, the next move is to read the facts. Reading the facts practically is reading a chronological story. It is advisable that you take down notes of key important facts. Identify key facts that relate to the resolution of the key issue/s from not so relevant facts. It is best to also make a flow chart of how the case was elevated to the Supreme Court and the decisions of the lower courts.

Application: This is where you tie the facts given and the applicable law. Using the elements you enumerated above, you explain how such legal provision operates in the set of given facts. It is advisable to start with the opening phrase In this case or In the case at bar.

In this case, Allan, the municipal treasurer is liable for malversation committed through negligence or culpa. The government car which was assigned to him is public property under his accountability by reason of his duties. By his act of negligence, he permitted the taking of the car by another person, resulting to malversation, consistent with the elements enumerated in the Revised Penal Code.

5. Then go to the decision and reason After connecting the facts and the key issue/s, then you can proceed in the decision part. This is essentially the heart of the case where the Supreme Court reasons why they arrived in such decision. They apply law and jurisprudence to the facts at hand. 6. Outlining your reading is very helpful

settled, you do not need to put the procedural issue. (applicable to first year subjects only) 4. The ruling per issue

HOW TO MAKE A DIGEST

Making a digest proceeds from reading a case. Obviously, you cannot digest something that you do not have a clear understanding of. 1. Important and relevant Facts First outline relevant facts of the case. Identifying key facts entail understanding the subject matter and the key issue/s as discussed in how to read a case. Enumerate key facts in chronological order. If the subject matter of the case involves satisfying elements of certain provisions, be keen in identifying facts that meet such elements. Also outline the journey of the case in the lower courts and the decision (denied or affirmed) of such courts. 2. the arguments of both sides Second is to identify the main arguments of the defendant and the plaintiff. By knowing their arguments, you get to see how parties use the law to forward their cause. 3. The core issue/s Then identify the core issue/s. This is the Whether or not portion of the case - the controversy the Supreme Court would settle. Sometimes there are several issues in a case but you can limit it by only writing down those that relate to the subject matter in which the case is assigned. So for example, if one of the issues are procedural but the case is assigned to show how a substantive issue is

Then after identifying the issue/s, proceed to the held part and ratio of the case. The held part is whether the supreme court agreed or not on the issue. It can be capsulated by a yes or no. Then the ratio is the exhaustive reasoning of the Supreme Court why it arrived at that yes or no. The ratio is the meat of the case. Cite the main provisions of law, the legal principles and the jurisprudence applied in the case. For every issue, there is a held and ratio part. So needles to say, if you have identified 3 issues, then you have to have 3 sets of held and ratio parts.

Always read the case in its original. Use the digests for review.

The CLAC Method:

Answering Essay Questions
It is in essay exams that you articulate a position (yes or no) and your basis in arriving at that answer. The standard structure of an essay answer is the CLAC (Conclusion, Law, Application, Conclusion) Example Question:

Allan, the Municipal Treasurer of the Municipality of Gerona, was in a hurry to return to his office after a day-long official conference. He alighted from the government car which was officially assigned to him, leaving the ignition key and the car unlocked, and rushed to his office. Jules, a bystander, drove off with the car and later sold the same to his brother, Danny for P20,000.00, although the car was worth P800,000.00.. What is Allans criminal liability?