Title shows the parties involved in the litigation. The name of the person opposing the other will always appear first. However, this gets tricky when the loser party elevates the case to the higher court. Take caution!
Citation is very important especially if you don't know or are not sure what is the name of the case you are looking for. You can search on the Internet the right G.R. No. or visit the library and search for the SCRA (Supreme Court Reports Annotated, ye old school) given for your case. Lawphil, Supreme Court of the Philippines are online legal databases which allow you to look for the case.
Here are the elements of Citation
1. Name of the case 2. Volume # 3. Page # 4. Date decided
Chi Ming Tsoi vs CA 266 SCRA 324 (January 16, 1997)
Facts:
TARP rule is a common method used by legal researchers to analyze fact situations:
Thing or subject matter. (Example: divorce)
Cause of Action or ground of defense. (Example: psychological incapacity, mistaken identity)
Relief sought or purpose of action. (Example: injunction)
Persons or Parties involved. (husband-wife, employer-employee)
In employing the TARP rule, you don't have to write in a way just to fit in the TARP category. It's up to you what and how you want to do with your facts. Just write down the relevant facts and legal issues, otherwise you are just copying all the facts from the case itself.
Issue:
Are questions arising from the case which include the rule of law applied to the facts. Write your questions in a way that can be answered by a YES or a NO. Example: "Whether or not..."
Holding:
Is the court's answer to the issue or question raised that is actually before it. The holding can be answered either by a "yes" or "no" or in short statements written by the court.
Reasoning or Rationale:
The most fun part of the case. This is where the chain of arguments presented by the judges on how they arrived at its decision. You may actually write long, detailed outlines either by writing them in paragraphs, bullet points or numbered sentences.
Concurring or Dissenting Opinions
Write down the important details on why the judge concur or dissent with the court's decision. I don't include them in my case brief but I read them, especially when a judge or judges raise important points that are equal to or greater than the majority's decision.
Example of a Case Brief:
Chi Ming Tsoi vs. CA
266 SCRA 324
266 SCRA 324
FACTS:
On May 22, 1988, Gina Lao married Chi Ming Tsoi. Since their marriage until their separation on March 15, 1989, there was no sexual contact between them. Gina filed a case of annulment of marriage on the ground of psychological incapacity with the RTC of Quezon City. The RTC granted annulment which was affirmed by the CA.
ISSUE:
Whether or not the failure of the husband to have sexual intercourse with his wife from the time of the marriage until their separation on March 15, 1989 a ground for psychological incapacity.
HELD:
Yes. Judgment AFFIRMED.
One of the essential marital obligations under the Family Code is “to procreate children based on the universal principle that procreation of children through sexual cooperation is the basic end of marriage.” In the case at bar, the senseless and protracted refusal of one of the parties to fulfill the above marital obligation is equivalent to psychological incapacity.
