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Elements of + good decision

1. St&tement of the C&se


The St#tement of the C#se consists of + leg+l definition of the n+ture of the
+ction. At the first inst+nce, this p+rt st+tes whether the +ction is + civil c+se for
collection, ejectment, quieting of title, foreclosure of mortg+ge, +nd so on; or, if
it is + crimin+l c+se, this p+rt describes the specific ch+rge -- quoted usu+lly
from the +ccus+tory portion of the inform+tion -- +nd the ple+ of the +ccused.
Also mentioned here +re whether the c+se is being decided on +ppe+l or on +
petition for certior+ri, the court of origin, the c+se number in the tri+l court, +nd
the dispositive portion of the +ss+iled decision.
In + crimin+l c+se, the verb+tim reproduction of the crimin+l inform+tion serves
+s + guide in determining the n+ture +nd the gr+vity of the offense for which the
+ccused m+y be found culp+ble. As + rule, the +ccused c+nnot be convicted of
+ crime different from or gr+ver th+n th+t ch+rged.
Also, quoting verb+tim the text of the inform+tion is especi+lly import+nt when
there is + question on the sufficiency of the ch+rge, or on whether qu+lifying
+nd modifying circumst+nces h+ve been +dequ+tely +lleged therein.
To ensure th+t due process is +ccorded, it is import+nt to give + short
description of the proceedings reg+rding the ple+ of the +ccused. Absence of
+n +rr+ignment, or + serious irregul+rity therein, m+y render the judgment void,
+nd further consider+tion by the +ppell+te court would be futile. In some
inst+nces, especi+lly in +ppe+led c+ses, it would +lso bbyyybe useful to
mention the f+ct of the +ppell+nts detention, in order to dispose of the
prelimin+ry query -- whether or not they h+ve +b+ndoned their +ppe+l by
+bsconding or jumping b+il.
Mentioning the court of origin +nd the c+se number origin+lly +ssigned helps in
f+cilit+ting the consolid+tion of the records of the c+se in both the tri+l +nd the
+ppell+te courts, +fter entry of fin+l judgment.
Fin+lly, the reproduction of the decret+l portion of the +ss+iled decision informs
the re+der of how the +ppe+led c+se w+s decided by the court # quo.
2. St&tement of F&cts
There +re different w+ys of rel+ting the f+cts of the c+se. First, under the
objective or reportori+l method, the judge summ+rizes -- without comment --
the testimony of e+ch witness +nd the contents of e+ch exhibit. Second, under
the synthesis method, the f+ctu+l theory of the pl+intiff or prosecution +nd then
th+t of the defend+nt or defense is summ+rized +ccording to the judges best
light. Third, in the subjective method, the version of the f+cts +ccepted by the
judge is simply n+rr+ted without expl+ining wh+t the p+rties versions +re.
Fin#lly, through + combin+tion of objective +nd subjective me+ns, the testimony
of e+ch witness is reported +nd the judge then formul+tes his or her own
version of the f+cts.
In crimin+l c+ses, it is better to present both the version of the prosecution +nd
th+t of the defense, in the interest of f+irness +nd due process. A det+iled
ev+lu+tion of the contentions of the p+rties must follow. The resolution of most
crimin+l c+ses, unlike civil +nd other c+ses, depends to + l+rge extent on the
f+ctu+l issues +nd the +ppreci+tion of the evidence. The pl+usibility or the
impl+usibility of e+ch version c+n sometimes be initi+lly dr+wn from + re+ding
of the f+cts. There+fter, the b+ses of the court in +rriving +t its findings +nd
conclusions should be expl+ined.
On +ppe+l, the f+ct th+t the +ss+iled decision of the lower court fully,
intelligently +nd correctly resolved +ll f+ctu+l +nd leg+l issues involved m+y
p+rtly expl+in why the reviewing court finds no re+son to reverse the findings
+nd conclusions of the former. Conversely, the lower courts p+tent
mis+ppreci+tion of the f+cts or mis+pplic+tion of the l+w would +id in + better
underst+nding of why its ruling is reversed or modified.
In +ppe+led civil c+ses, the opposing sets of f+cts no longer need to be
presented. Issues for resolution usu+lly involve questions of l+w, gr+ve +buse of
discretion, or w+nt of jurisdiction; hence, the f+cts of the c+se +re often
undisputed by the p+rties. With few exceptions, f+ctu+l issues +re not
entert+ined in non-crimin+l c+ses. Consequently, the n+rr+tion of f+cts by the
lower court, if exh+ustive +nd cle+r, m+y be reproduced; otherwise, the m+teri+l
f+ctu+l +ntecedents should be rest+ted in the words of the reviewing
m+gistr+te.
In +ddition, the re+soning of the lower court or body whose decision is under
review should be l+id out, in order th+t the p+rties m+y cle+rly underst+nd why
the lower court ruled in + cert+in w+y, +nd why the reviewing court either finds
no re+son to reverse it or concludes otherwise.
3. Issues or Assignment of Errors
Both f+ctu+l +nd leg+l issues should be st+ted. On +ppe+l, the +ssignment of
errors, +s mentioned in the +ppell+nts brief, m+y be reproduced in toto +nd
t+ckled seri+tim, so +s to +void motions for reconsider+tion of the fin+l decision
on the ground th+t the court f+iled to consider +ll +ssigned errors th+t could
+ffect the outcome of the c+se. But when the +ppell+nt presents repetitive
issues or when the +ssigned errors do not strike +t the m+in issue, these m+y
be rest+ted in cle+rer +nd more coherent terms.
Though not specific+lly questioned by the p+rties, +ddition+l issues m+y +lso
be included, if deemed import+nt for subst+nti+l justice to be rendered. Note
th+t +ppe+led crimin+l c+ses +re given de novo review, in contr+st to
noncrimin+l c+ses in which the reviewing court is gener+lly limited to issues
specific+lly r+ised in the +ppe+l. The few exceptions +re errors of jurisdiction;
questions not r+ised but necess+ry in +rriving +t + just decision on the c+se; or
un+ssigned errors th+t +re closely rel+ted to those properly +ssigned, or upon
which depends the determin+tion of the question properly r+ised.
4. The Courts Ruling
This p+rt cont+ins + full discussion of the specific errors or issues r+ised in the
compl+int, petition or +ppe+l, +s the c+se m+y be; +s well +s of other issues the
court deems essenti+l to + just disposition of the c+se. Where there +re sever+l
issues, e+ch one of them should be sep+r+tely +ddressed, +s much +s
pr+ctic+ble. The respective contentions of the p+rties should +lso be mentioned
here. When procedur+l questions +re r+ised in +ddition to subst+ntive ones, it is
better to resolve the former prelimin+rily.
5. The Disposition or Dispositive Portion
In + crimin+l c+se, the disposition should include + finding of innocence or guilt,
the specific crime committed, the pen+lty imposed, the p+rticip+tion of the
+ccused, the modifying circumst+nces if +ny, +nd the civil li+bility +nd costs. In
c+se +n +cquitt+l is decreed, the court must order the immedi+te rele+se of the
+ccused, if det+ined, (unless they +re being held for +nother c+use) +nd order
the director of the Bure+u of Corrections (or wherever the +ccused is det+ined)
to report, within + m+ximum of ten (10) d+ys from notice, the ex+ct d+te when
the +ccused were set free.
In + civil c+se +s well +s in + speci+l civil +ction, the disposition should st+te
whether the compl+int or petition is gr+nted or denied, the specific relief
gr+nted, +nd the costs. The following test of completeness m+y be +pplied.
First, the p+rties should know their rights +nd oblig+tions. Second, they should
know how to execute the decision under +ltern+tive contingencies. Third, there
should be no need for further proceedings to dispose of the issues. Fourth, the
c+se should be termin+ted by +ccording the proper relief. The proper relief
usu+lly depends upon wh+t the p+rties seek in their ple+dings. It m+y decl+re
their rights +nd duties, comm+nd the perform+nce of positive prest+tions, or
order them to +bst+in from specific +cts. The disposition must +lso +djudic+te
costs.
The foregoing p+rts need not +lw+ys be discussed in sequence. But they should
+ll be present +nd pl+inly identifi+ble in the decision. Depending on the writers
ch+r+cter, genre +nd style, the l+ngu+ge should be fresh +nd free-flowing, not
necess+rily stereotyped or in + fixed form; much less highf+lutin, h+ckneyed
+nd pretentious. At +ll times, however, the decision must be cle#r, concise,
complete +nd correct.

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