digest - sample format.docx

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FORMAT for the CASE DIGEST

(for reference on where to look for the details for this format, you can check the attached annotated .pdf )

Topic: Copy and paste only the related topics with the assigned Bar Subject. It is Italicized at the beginning of

the syllabi. It is possible that you have 1 or more topics per case. You can include it and make a secondaryissue or decision na lang.

NATURE : This is the remedy availed by the petitioner / appellant as the case was elevated to SC. It usuallystarts with bold words “PETITION for…” .

FACTS : (Narrate only the relevant and vital points of the facts which are related to the issue and decision)

Statement of the Case : This shall narrate the decisions of the lower or appellate courts before it came to thecradle of SC. (MTC / RTC > CA > SC)

CONTENTI ON OF PETI TI ONER / APPELL ANT: Their defenses or arguments

CONTENTI ON OF RESPONDENT / APPEL L EE : Their defenses or arguments

I SSUE : Construct an issue which shall includes either the defenses of the parties or the vital points of thefacts.

HELD : Usually, the gist of the decision of the case can be found at the syllabi of the case itself.

DISPOSITIVE PORTION : Summary of the decision of the Court. It starts with “WHEREFORE…”



SAM PLE DI GEST

if you can make your case digest compressed in a singl e page, the better.

Topic : Civil Procedure; Pleadings and Practice; Actions; Real Party-In Interest; Even as a taxpayer,

petitioner does not stand “to be benefited or injured by the judgment of the suit.”

JOEL G. MIRANDA , petitioner, vs.ANTONIO C. CARREON , MILAGROS B. CASCO, ELSIE S. ESTARES, JULIUS N. MALLARI,

ELINORA A. DANAO, JOVELYN G. RETAMAL, MARIFE S. ALMAZAN, JONALD R. DALMACIO,JENNRIZALDY B. AGGABAO, VILMA T. VENTURA, G.R. No. 143540 April 11, 2003

NATURE : This is a petition for review on certiorari1 assailing the Decision2 dated May 21, 1999 and theResolution dated June 5, 2000 of the Court of Appeals in CA-G.R. SP No. 36997.

FACTS: In 1988, Vice Mayor Amelita Navarro, while serving as Acting Mayor of the City of Santiago

because of the suspension of Mayor Jose Miranda, appointed the above-named respondents to various positions in the city government with permanent status and based on the evaluation made by the CityPersonnel Selection and Promotion Board (PSPB) created pursuant to Republic Act No. 7160 and dulyapproved by the CSC.

When Mayor Jose Miranda reassumed his post on March 5, 1998 after his suspension, after conducting theevaluation, the audit team to which he formed, submitted to him a report stating that the respondents werefound "wanting in (their) performance."

On June 10, 1998, or three months after Mayor Miranda reassumed his post, he issued an order terminatingrespondents’ services effective June 15, 1998 because they "performed poorly" during the probationary

period.

Respondents appealed to the CSC. On October 19, 1998, the CSC issued Resolution No. 982717 reversing theorder of Mayor Miranda and ordering that respondents be reinstated to their former positions with payment of

backwages.

When Mayor Jose Miranda was disqualified as a mayoralty candidate in the 1998 May elections, his son JoelG. Miranda, herein petitioner, substituted for him. He then filed a motion for reconsideration of the CSCResolution No. 982717 (in favor of respondents) but it was denied in the CSC Resolution No. 990557 datedMarch 3, 1999.

Petitioner then filed with the Court of Appeals a petition for review on certiorari, docketed as CA-G.R. SP No.36997. On May 21, 1999, the Court of Appeals rendered a Decision affirming in toto the CSC Resolution No.982717. Forthwith, petitioner filed a motion for reconsideration, but before it could be resolved by the Courtof Appeals, several events supervened. This Court, in G.R. No. 136351, "Joel G. Miranda vs. Antonio M.Abaya and the COMELEC," set aside the proclamation of petitioner as Mayor of Santiago City for lack of acertificate of candidacy and declared Vice Mayor Amelita Navarro as City Mayor by operation of law. Hence,

petitioner has no legal interest on the instant case.

Statement of the Case: An appeal was made to the CSC by the respondents after they were allegedly illegallydismissed from service. The CSC reversed the decision made by Mayor Jose Miranda in dismissing therespondents from office. A motion for reconsideration was made but denied. An appeal was made to the court



of appeals, the court affirms in toto the decision of the CSC. A motion for reconsideration was made by JoelMiranda but before a decision on the matter is made, a motion to withdraw the same was made by the declaredMayor Amelita Navaro (former vice mayor), hence this petition being a taxpayer.

CONTENTION OF MIRANDA : Petitioner contends that as a taxpayer, he has a legal interest in the case at

bar, hence, can lawfully file this petition.CONTENTION OF CARREON : Respondents claim that since petitioner ceased to be Mayor of SantiagoCity, he has no legal personality to file the instant petition and, therefore, the same should be dismissed.

ISSUE : Whether or not the petitioner stands "to be benefited or injured by the judgment of the suit.", hencehas a legal personality or interest to file the instant petition?

HELD : Section 17, Rule 3 of the 1997 Rules of Civil Procedure, as amended, provides:

"Sec. 17. Death or separation of a party who is a public officer. – When a public officer is a party in an action

in his official capacity and during its pendency dies, resigns or otherwise ceases to hold office, the action may be continued and maintained by or against his successor if, within thirty (30) days after the successor takesoffice or such time as may be granted by the Court, it is satisfactorily shown by any party that there issubstantial need for continuing or maintaining it and the successor adopts or continues or threatens to adopt orcontinue the action of his predecessor."

It is clear from the above Rule that when petitioner ceased to be mayor of Santiago City, the action may becontinued and maintained by his successor, Mayor Amelita Navarro, if there is substantial need to do so.

Mayor Navarro, however, found no substantial need to continue and maintain the action of her predecessor inlight of the CSC Resolution declaring that respondents’ services were illegally terminated by former Mayor

Jose Miranda. In fact, she filed with the Court of Appeals a"Motion to Withdraw the Motion forReconsideration" (lodged by petitioner). She likewise reinstated all the respondents to their respective positions and approved the payment of their salaries.

Petitioner insists though that as a taxpayer, he is a real party-in-interest and, therefore, should continue andmaintain this suit. Such contention is misplaced. Section 2, Rule 3 of the same Rules provides:

"Section 2. Parties in interest. - A real party in interest is the party who stands to be benefited or injured by the judgment in the suit, or the party entitled to the avails of the suit. Unless otherwise authorized by law or theseRules, every action must be prosecuted or defended in the name of the real party in interest." (emphasissupplied)

Even as a taxpayer, petitioner does not stand "to be benefited or injured by the judgment of the suit." Notevery action filed by a taxpayer can qualify to challenge the legality of official acts done by the government.8It bears stressing that "a taxpayer’s suit refers to a case where the act complained of directly involves theillegal disbursement of public funds from taxation."9 The issue in this case is whether respondents’ serviceswere illegally terminated. Clearly, it does not involve the illegal disbursement of public funds, hence,

petitioner’s action cannot be considered a taxpayer’s suit.

In fine, we hold that petitioner, not being a real party in interest, has no legal personality to file this petition.Besides, his motion for reconsideration was validly withdrawn by the incumbent Mayor. Even assuming he is



a real party in interest, we see no reason to disturb the findings of both the CSC and the Court of Appeals. Thereinstatement of respondents who, unfortunately, were victims of political bickerings, is in order.

DISPOSITIVE PORTION: WHEREFORE, the petition is DENIED. The assailed Decision dated May 21,1999 of the Court of Appeals in CA-G.R. SP No. 36997 is AFFIRMED

digest - sample format.docx

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