Andrew Jan M.

Nacita 11880457 G04

What are the Four C’s of effective decision writing? Explain Each
According to the reading of the PHILJA Judicial Journal, there are four C’s of
effective decision writing. They are as follows:
1. 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
2. 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.
 3. 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.
4. 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.

What are the Basic Methods of Formulating Arguments?

 According to the PHILJA Judicial Journal, there are seven methods of
formulating arguments. They are as follows:
1. Standard Logical Techniques - Inductive reasoning, deductive
reasoning and the A fortiori argument are the most common.
Inductive Reasoning focuses on formulating generalized legal
propositions by taking into account particular holdings or
applications of the statute. Deductive reasoning is the opposite of
inductive reasoning. In this reasoning, a general premise is used as
a foundation to the minor premise that focuses on a specific case.
In other words, it starts from general to specific. Lastly, A Fortiori
argument validates the proposition stating that when a certain fact
is found to be true, the proposition should also be true.
2. The Handcuff Technique - uses logical chain of propositions
coming from a general proposition or premise that is not readily
disputed. It is often abstract in nature
3. Emphasizing the Purpose of a Rule - this method of formulating
argument focus on the purpose of the rule stating that conclusions
of statutory rules are often reached based upon it.
 4. Paradigm Case – Another method would be a use of a Paradigm
Case. A paradigm is a clear or typical example. Use of a paradigm
in addition with decided cases may be used for comparison.
5. Hypothetical Cases – This is similar to the use of Paradigm cases
for the formulation of an argument. A hypothetical case is one
where facts are assumed for the purpose of explaining and
discussing the applicable law.
6. Extreme Consequences Technique – this mode of formulating
argument highlights the potential consequences of a rule. It
focuses on the effects of a rule, its cost, disruption, and potential
harm.
7. Policy Arguments – this can be critical to the outcome of cases in
which conflicting legal rules may be applicable. Policy Arguments
also considers the various types of policy arguments which are:
The lesser of two evils, Floodgates arguments, Economic and Social
Policy Arguments.

According to Christopher Pyle, how should you brief a case?

A student brief is a short summary and analysis of the case specifically prepared
for classroom discussion purposes
For student Briefs, these elements should be observed:
1. Title and Citations – The title should show who are the parties of the
case.
2. Facts of the Case – The facts section of the student brief should have
these elements: It should have one sentence that explains the description
of the nature of the case as an introduction. Second is that there should be
a statement of the relevant law, with quotation marks or underlining to
draw attention to the key words or phrases that are in dispute. Third,
there should be a summary of the complaint or indictment in addition
with relevant evidence and arguments presented in court in order to
explain who did what to whom and why the case was through to involve
illegal conduct. Lastly, Summary of actions by the lower courts should
also be accounted for.
 3. Issues – It may help to phrase them in terms of questions that is
answerable by a yes or no.
4. Decisions (Holding) – Pyle stated that decisions in a case is the court’s
answer to a question presented to it by the parties involved or as raised
by the course itself.
5. Reasoning – the reasoning or rationale is the series of arguments which
led to the judge’s decision. These should also be numbered point by point
in numbered sentences or paragraphs
6. Separate Opinions – According to Pyle, both concurring and dissenting
opinions should be analyzed in depth to bring out the major points of the
agreement or disagreement.
7. Analysis- In this part, evaluation of the significance of the case, its
relationship to other cases, its place in history, and what it shows about
the court, its members, its decision-making processes, or the impact it has
on litigants, government or society.

Differentiate between Civil Law and Common Law. What system does the
Philippine use?
The law operates on two legal systems. They are known as Common Law
and Civil Law.
 In Common Law, it is generally uncodified. Case law is the statute itself.
There is no comprehensive compilation of legal rules and statutes.
Common law are focused on precedents or judicial decisions that were
made in similar cases.
 In Civil Law, there is a comprehensive compilation of legal rules. In other
words, it is codified. Statute law prevails over case law. There are codes
or written laws which prevails over case law and the judge is only left to
interpret such code.
 The Philippines uses both Civil and Common Law system. This was
because our legal system reflects our colonial past. However, our law is
more Civil than Common.