Artemio V. Panganiban, The Four “Cs” of Effective Decision-Writing: An Introduction f or Newly-Appointed Judges, 4 PHILJA JUD. J.

29, 42-45 (2002)

42 THE PHILJA JUDICIAL JOURNAL [VOL. 4:14

render decisions that are totally bereft of factual and

legal bases.” (De Vera v. Dames, A.M. No. RTJ-99-1455,
July 13, 1999)

F . Par ts of a Trial Cour

arts Courtt Decision

1. Caption and Title

a. Caption
i. Name of the court
ii. Title of the action
iii. Docket number
b. Title
i. Names of all parties and their respective participation

2. Introduction (Optional)

3. Statement of the Case

a. Civil Cases
i. Collection
ii. Ejectment
iii. Quieting of title
iv. Foreclosure of mortgage, etc.
b. Criminal Cases
i. Specific charge
ii. Accusatory portion of the information
2002] THE FOUR Cs OF EFFECTIVE 43
DECISION-WRITING

iii. Plea of the accused

iv. Sometimes the conduct of preliminary investigation
This Court is disturbed by the fact that the decision of
the trial court now subject of automatic review failed to
include a statement of facts or at least a summary of the
evidence presented by the prosecution to prove the guilt
of the accused beyond reasonable doubt. The information
upon which the accused was arraigned is [neither] cited
nor quoted in the trial court’s decision, which failed to
state distinctly the acts [constituting the crime] allegedly
committed by the accused. The trial court simply stated
that the accused is guilty of rape of his own daughter and
that the evidence for the prosecution is not controverted
by the accused without mentioning the evidence the
prosecution presented in court. x x x The trial judge is
hereby admonished for her failure to comply with the Rules
regarding the form and contents of judgments. (People v.
Dumaguing, G.R. No. 135516, September 20, 2000)

4. Findings of Facts
Each case has its own flesh and blood and cannot be decided
simply on the basis of isolated clinical classroom principles.
(Philippines Today v. NLRC, G.R. No. 112962, January 30, 1997;
267 SCRA 202, 228.)
The methods of reporting facts are:

a. Objecti
Objectivve or R
Ree por torial Method
portorial
Usually done by summarizing, without comment, the
testimony of each witness, and the contents of each
exhibit.
44 THE PHILJA JUDICIAL JOURNAL [VOL. 4:14

b. Synthesis Method
According to his best light, the judge summarizes the factual
theory of the plaintiff or prosecution, and then that of the
defendant or defense.

c. Subjective Method
The judge simply narrates what he accepts as his own version,
without explaining what the parties’ versions are.

d. Combination of the Objective and

Subjective Methods
The judge reports the testimony of each witness as in the
first type and then makes his own version as he sees fit.

5. Statement of the Issues

6. Cour t’
t’ss R
Court’ uling
Ruling
Application of law and jurisprudence to the facts, and
explanation for the conclusions reached. Each issue, as a rule, must
be taken up and disposed of.

7. Dispositi
Dispositivve Por
Por tion or Disposition
ortion
a. In criminal cases, the disposition should include:
i. Finding of innocence or guilt
ii. Specific crime
iii. Penalty (with special attention to the indeterminate
sentence law)
iv. Participation of the accused
2002] THE FOUR Cs OF EFFECTIVE 45
DECISION-WRITING

v. Qualifying, aggravating and mitigating circumstances

vi. Civil liabilities costs

b. In civil cases, the disposition should include:

i. Whether complaint or petition is granted or denied
ii. Specific relief granted
iii. Costs
According to Justice Reynato S. Puno, a disposition must be
complete. He gives the following test of completeness:
First, the parties know their rights and obligations. Second,
the parties should know how to execute the decision under
alternative contingencies. Third, there should be no need
for further proceedings. Fourth, it terminates the case by
according the proper relief. The ‘proper relief ’ usually
depends upon what the parties asked for. It may be merely
declaratory of rights, or it may command performance of
positive prestations, or orders the party to abstain from
specific acts. And lastly, it must adjudicate costs.

II. C ORRECTNESS

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 involving novel or difficult issues, are always
desirable.
Remember that your audience is not just the parties or their
lawyers, but also the appellate court which may review your
decisions and opinions.