Practice Court - Write-up . Abby.docx

UNIVERSITY OF NUEVA CACERES COLLEGE OF LAW FIRST SEMESTER, ACADEMIC YEAR 2018-2019

PRACTICE COURT I

Submitted to: ATTY. JOSEPH LADLAD

Submitted by:

ABIGAIL T. REYES 4th YEAR BLOCK A

26 October 2018

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TABLE OF CONTENTS

TOPIC

PAGE

I

Introduction

2

II

Philippine Judicial System and Hierarchy of Courts

4

III

Court Observations / Insights

13

IV

References

21

V

Summary of Court Observations

22

VI

Certificates of Appearance  Municipal Trial Courts  Regional Trial Courts

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INTRODUCTION

Why do you want to be a lawyer? Is it the prestige and the glamour that most people associate to being a lawyer that made you decide to take up law? Was it your dream, or a dream that you wanted to fulfill for someone else?

These are but few of the many questions our professor threw at us on the first day of class in my Intro to Law subject. When it was my turn to recite, my answer came easy, “Because it is MY DREAM” I said. A dream I have cherished since childhood, back in time when the only concept of a lawyer I have is the attaché case-carrying, welldressed person whose voice resonates with “Objection, your Honor” and defends the oppressed.

After six years of constant battles between the demands of work and school, of wanting to sleep and wanting to digest cases as well, of nerve-wracking and pride shattering recitations, of the humbling examination results, I can still say with great conviction that becoming a lawyer is a dream I intend to accomplish.

Regular exposure to lawyers, judges and court personnel while in action during practicum and court observations has given life to an otherwise abstract understanding of the laws and rules of procedure.

A lawyer for me now is no longer just an icon of elegance or the hero that saves the day.

A lawyer for me is a symbol of

perseverance, resiliency, honor and dedication. A person whose life’s work is to serve the ends of justice so that no person is deprived of his life, liberty and property without due process of law. A lawyer who remains true to his promise to uphold the law despite the many

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reasons for its selective application. I wanted to be THAT LAWYER. I will be THAT LAWYER.

The journey towards the fulfillment of my dream is long and the burden quite heavy. But everything worth doing is worth doing well and takes time. I’ll just pray that all the difficulties I have encountered and will continue to encounter will help mold me to become the kind of lawyer I wish to be.

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PHILIPPINE JUDICIAL SYSTEM AND THE HEIRARCHY OF COURTS1

In the Philippines, government powers are shared equally among the three main branches – the Executive, Legislative and Judicial branches. Although seemingly triple in number and separate in identity, the three branches comprise a single and undivided entity – the government.

Apart from the dictates of tradition and more than just a legacy from its forerunners, the Philippine political structure is based on the necessity of maintaining the system of checks-and-balances in the manner by which the State exerts political power upon its constituents.

Thus, while the Legislature crafts the laws and the

Executive Branch implements the same; the Judiciary interprets such laws and tempers abuse/s that may arise from any wrongful interpretation thereof.

Judicial power is vested by the Constitution in one Supreme Court and in such lower courts as may be established by Law. (Article VIII, Section 1, 1987 Constitution). Batas Pambansa 129 otherwise known as the Juducuary Reorganization Act of 1980 created the Intermediate Appellate Court, now named Court of Appeals, Metropolitan Trial Courts, Municipal Trial Courts in Cities and Municipal Circuit Trial Courts.

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Part II – Judiciary and the Judge, pages 6 – 11 Philippine Judicial System IDE Asian Law Series No. 5 Judicial System and Reforms in Asian Countries (Philippines)

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Classification of Courts in the Philippines

The Philippines observes the following general classifications of courts in its judicial system:

I.

Regular Courts

These refer to those courts authorized to engage in the general administration of justice. These courts derive their powers from the Philippine Constitution which is the fundamental law of the land.

At

the apex of the courts lumped within this classification is the Philippine Supreme Court. Below the Philippine Supreme Court are three tiers of lower level courts that initially decide controversies brought about by litigants in the first instance.

There are four (4) levels of courts in the Philippines, wherein judicial power is vested. As stated above, it is the Supreme Court that is the apex of this four-tiered hierarchy. Below the Supreme Court are lower courts of graduating degrees of responsibility, with the court of a lower level deferring to the authority of a higher-level court.

At the lowest level of hierarchy are the first-level courts, consisting of the Metropolitan Trial Courts [MTCs], the Municipal Trial Courts in Cities (or Municipalities) [MTCCs], and Municipal Circuit Trial Courts [MCTCs]. These are basically trial courts.

II.

Special Courts

These refer to tribunals that have limited jurisdiction over certain types of cases or controversies. While special courts have judicial powers like regular courts, the scope of controversies that 5

special courts can hear are limited only to those that are specifically provided in the special law creating such special courts. Outside the specific cases expressly mentioned in the provisions of the statute creating the special court, these courts have no authority to exercise any powers of adjudication.

A distinct kind of special court that is recognized in the Philippines is the so-called Shari’a Court. While the Shari’a Court has the powers of the regular courts, the subject over whom it can wield its judicial powers are limited solely to Muslim Filipinos. Other than Muslim Filipinos, the Shari’a Court has neither right nor authority to exercise powers of adjudication. The jurisdiction of Shari’a Courts includes the settlement of issues, controversies or disputes pertaining to the civil relations between and among Muslim Filipinos and requires the interpretation of laws on Persons, Family Relations, Succession, Contracts and similar laws applicable only to Muslims. Aside from Shari’a Courts, the Court of Tax Appeals (CTA) and the Sandiganbayan are also special courts.

The Court of Tax Appeals was created pursuant to Republic Act No. 1123. It is a collegiate court composed of three (3) judges in a Division or a total of sixty-nine (69) judges for twenty-three divisions. The CTA is vested with the jurisdiction to review on appeal decisions of the Commissioner of Customs and the Commissioner of Internal Revenue in tax and / or tax-related cases.

The Sandiganbayan on the other hand exercises jurisdiction to try and decide criminal cases involving violations of the Anti-Graft and Corrupt Practices Act. 6

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- Hierarchy of Courts // Regular and Special Courts

III.

Quasi-Courts / Quasi – Judicial Agencies Technically, judicial powers pertain to and are exercised only by

courts.

However, the Philippine system of government allows

administrative agencies to exercise adjudicatory powers in certain types of controversies, particularly if the same would facilitate the attainment of the objectives for which the administrative agency had been created. Unlike regular and special courts, quasi-courts do not possess judicial powers. Instead they possess and in fact exercise what are termed as quasi-judicial powers. Even though they are not courts of justice, either the Constitution or the special statute empowers these agencies to exercise such quasi-judicial powers solely in aid of the administrative powers that the administrative agency is empowered to exercise. Essentially, the exercise of judicial powers of the administrative agency is for the purpose of attaining its specific goals. 2

Prohealth Law https://www.google.com/url?sa=i&source=images&cd=&cad=rja&uact=8&ved=2ahUKEwiXrvjR96HeAhXC S7wKHQzFBCQQjRx6BAgBEAU&url=http%3A%2F%2Fwww.prohealthlaw.com%2F2015%2F01%2Fprinciple -of-judicial-hierarchy.html&psig=AOvVaw2oyH3a_Fz20cvGTCq33Z04&ust=1540568663685451

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There are agencies that derive quasi-judicial powers from the Constitution. These are the Civil Service Commission, Commission on Elections and the Commission on Audit.

The Civil Service Commission (CSC) is the central personnel agency for the Philippine public officers and employees.

As the

central personnel agency of the government, CSC is responsible for promoting morale, efficiency, integrity, responsibility, progressiveness and courtesy in the civil service; strengthening the merits and rewards system; integrating all human resources development programs; and institutionalizing a management climate conducive to public accountability.

The Commission on Elections (COMELEC) is the constitutional body tasked with the enforcement and administration of Philippine election laws.

The Commission on Audit is the office that has the power, authority and duty to examine, audit and settle all accounts pertaining to the revenue and receipts of, and expenditures or uses of funds and property, owned or held in trust by, or pertaining to the Government or any of its subdivisions, agencies or instrumentalities. Like the two other Constitutional Commissions, the COA also has authority to decide cases brought to it for attention, with appeal from decisions thereof be brought to the Supreme Court.

Requirements for Appointments to the Judiciary

The Supreme Court shall have the power to appoint all officials and employees of the Judiciary in accordance with the Civil Service Law. It shall likewise have the administrative supervision over all courts and its personnel.

In the discharge of this constitutional 8

function, the Court is assisted by the Office of the Court Administrator (OCA) created under the provisions of Presidential Decree No. 828, as amended by Presidential Decree 842. The Office of the Court Administrator is tasked with the supervision and administration of the lower courts and all of their personnel. It reports and recommends to the Supreme Court all actions affecting lower court management, personnel and financial administration and administrative discipline.

The Constitution created a Judicial and Bar Council under the supervision of the Supreme Court composed of the Chief Justice as ex-officio Chairman, Secretary of Justicce, and a Representative of Congress as officio members, representative of the Integrated Bar, a professor of law, a retired member of the Supreme Court and a representative from the private sector for one year.

The Council shall have the principal function of recommending appointees to the Judiciary.

It screens and selects prospective

appointees to any judicial post so that only the best qualified members of the Bench and Bar with proven competence, integrity and independence are nominated thereto.

Article VIII, Section9

provides that “members of the Supreme and judges of the lower courts shall be appointed by the President from a list of at least three (3) nominees prepared by the Judicial and Bar Council for every vacancy. Such appointments need no confirmation. For the lower courts, the President shall issue the appointments within ninety days from the submission of the list and to fill the vacancy in the Supreme Court within ninety days from its occurrence. Section 7, Article VIII of the Constitution provides that – (1) No person shall be appointed Member of the Supreme Court or any lower collegiate court unless he is a natural – born citizen of the Philippines. A member of the Supreme Court must be at least forty 9

years of age, and must have been for fifteen years or more a judge of a lower court or engaged in the practice of law in the Philippines; (2) The Congress shall prescribe the qualifications of judges of lower courts, but no person may be appointed judge thereof unless he is a citizen of the Philippines and a member of the Philippine bar; and (3) A member of the Judiciary must be a person of proven competence, integrity, probity and independence.

Court Personnel Other Than The Judge

Under the 1987 Constitution, the Supreme Court is vested with the power to appoint officials and employees of the Judiciary. This power, however, must be exercised in accordance with the Civil Service Law. An official or employee of the various courts in the country must first secure an appointment before he or she can be designated to a particular position. It presupposes that the position is vacant, or has no lawful incumbent, and that the prospective appointee has all the qualifications prescribed for that position (p.115 Draft of Manual for Court Personnel)

Proper recommendation by the Presiding Judge or the Executive Judge must be made before the Supreme Court could exercise its power to appoint.

Recommendations for positions in

lower courts shall be made by the Presiding Judges, in so far as their respective branches are concerned.

The Supreme Court enjoys

discretionary

accept

powers

to

either

or

reject

such

recommendations; however, recommendees of presiding judges shall have priority in the appointment.

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Court personnel are under the general supervision of the judge with respect to the performance of their duties. The judge has also the power to assign additional related duties to his employees.

The Clerk of Court plans, directs, supervises and coordinates the activities of all divisions/ sections/ units in the court whether it is a multi-sala court or just a particular branch.

The Court Legal Researcher conducts research work on questions of law raised by parties-litigants in cases brought before the court; prepares memoranda on evidence adduced by the parties after hearing; prepares outline of facts and issued involved in cases set for pre-trial for the guidance of the presiding judge; prepares an index attached to the records showing the important leadings filed, the pages where they may be found, and in general, the status of the case; reminds the presiding Judge of cases or motions submitted for decision or resolution, particularly, the deadline for acting on the same.

There is a Bailiff assigned to every court whose primary duty is to keep order therein during court sessions. He also performs other duties that may be assigned to him from time to time.

The Court Stenographer takes stenographic notes on all matters

that

transpire

during

court

hearings

or

preliminary

investigations and transcribes them; takes down and transcribes in the final form all dictations of the Judge or Clerk of Court.

The Interpreter translates the questions and answers from local dialects and other languages into English or vice versa during the testimony given by a witness in court; administers oath to witnesses; marks all exhibits introduced in evidence; prepares and 11

signs all minutes of the court session; maintains and keeps custody record books of cases calendared for hearing.

The Records Officer is responsible for the custody and safekeeping of records, papers and documents of the court; answers correspondence and communication relative to the records kept in the particular section of the court.

Social Welfare Officer conducts interviews and makes home visits to parties-litigants or wards in juvenile and domestic relations cases; contacts all possible informants regarding accused minors; prepares case study reports based on interviews and home visits; provides individual or group counseling service and other necessary social services and assistance; refers parties concerned, by direction of the Court, to appropriate agencies or individuals for rehabilitation; appears in court as witness to supplement her written case study reports.

The Clerk receives and enters in the docket books all cases filed including all subsequent pleadings, documents and other pertinent information.

The Process Server serves court processes such as subpoenas, summonses, court orders and notices.

The Sheriff serves/ executes all writs and processes of the Court; keeps custody of attached properties or goods; maintains his own record books on writs of execution, writs of attachment, writs of replevin and writs of injunction and all other processes executed by him.

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COURT OBSERVATIONS / INSIGHTS

A good demeanor while inside the courtroom is essential for making a good impression. This is especially true in the courtroom where there are many stated and unstated rules of conduct for litigants, attorneys and other attendees.

It is worth mentioning that legal professionals have been taught how to behave in or out of court. While in law school students are being taught about Code of Professional Responsibility and Canons of Professional Ethics while Legal professionals endeavor to actually put into practice what they’ve learned in school.

Some have

remained firm with their oath as lawyers, while some have soon forgotten what they have promised to the point of forgetting the basics of good behavior.

Respect to the court must always be upheld, and this can be manifested through the respect being accorded to the Judge. This is because the Judge not only represents the ultimate authority in the court, but also the law. Thus, at the start of the court proceedings, people stood up as the Judge entered the courtroom, and do not sit down until the Judge took his/her seat. People in the courtroom also addressed the Judge as “Your Honor”. Before anything can ever be spoken, before any evidence can be offered, before any witness is presented, and even before counsels leave the courtroom, they always secure the permission of the Judge.

The Judges always have the last say.

While some Judges

were nice and good-humored, some were strict and stern. Some judges come on time, some judges gets late. Some judges welcome law students/ observers warmly while some show no reactions at all.

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Lawyers were courteous and polite as they spoke with the Judge. They never attempt to loutishly argue with the Judge. Arguing with their co-lawyers though was somewhat different. They argue trying to emphasize their points but never to the point of taking things personally against each other. They argued on points and issues, but never attacked their co-lawyers below the belt. What’s amazing is that after their arguments, they’d laughed at it outside the court and shake hands as they leave. This is actually not new in court settings especially because most of the lawyers appearing as prosecutors, lawyers of the Public Attorney’s Office, and even the private practitioners, were comrades and even belong to the same groups or associations. But notwithstanding this fact, the lawyers maintain their independence and litigate the case to the best of interest of their respective clients, personal matters set aside.

The court employees such as the court stenographers and court interpreters were quite amazing. It is indeed a skill for court stenographers to write down every word being uttered by the Judge, the counsels and the witnesses. Some court stenographers were so focused that they do not speak. Some would talk with the court interpreter, the witness and the counsels for the purpose of clarifying words.

While court stenographers were so alert in transcribing every word, the court interpreters were also so alert in looking for the perfect words to translate English words to the language/ dialect that the witness understands and vice versa. When there are witnesses who find it rather difficult to state their testimonies in the English language, Court interpreters and sometimes with the help of the Judge, prosecutors and defense attorneys endeavor to translate the diverse Bicol dialect to the court’s official language.

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Court Interpreters play such a vital role in the conduct of court proceedings. Aside from interpreting, they serve as guides of the proceedings, arranging the cases, the litigants, the counsels and the witnesses, announcing the arrival and departure of the Judge and the cases for the day, scheduling the next proceedings, voicing the Exhibits presented by the parties, taking oaths of the witnesses, taking arraignments of the accused, and all others. Court interpreters, indeed, were the voice in the courtroom. As such, they remained focus on every detail of the court proceedings, and that’s a skill learned through practice.

It has always been that the accused remained quiet throughout the entire court proceedings. I can only assume that they’re in fear of what lies ahead. Or it could be that they try not to misbehave for the fear of having the case decided against their favor.

Witnesses were somehow the spice during the court trial. Some witnesses were funny, some were hesitant, some were nervous, some were afraid, some were relaxed, but most of them utter their responses in a soft voice, may be for fear of committing a mistake.

No witness had attempted to argue or was engaged in a heated argument with the examining counsel. They appear to speak based on their personal knowledge until somehow counsels will point out the inconsistencies with their statements. Although as observed, most of the witnesses were prepared to some extent before they were presented in court, or else how can they have memorized numerous markings on packets of recovered pieces of evidence? One can only conclude that they must have been briefed before the examination in order to extract better testimony, geared towards the point the lawyers wish to make.

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In the course of my court observations, several witnesses have made a mark.

The lady complainant who volunteered every information, almost in a hysterical manner that the prosecutor and the lady judge would ask her to only answer the questions propounded and not volunteer information that is not relevant in the case at hand.

The gentleman complainant who when subjected to cross examination would not answer specific questions but would asked the prosecutor to refer to his affidavit because it was already stated there. The police –officer/ poseur-buyer who sweated like a pig trying to give a better picture of the buy-bust operation conducted, in answer to the Judge’s clarificatory questions. He was made to draw the location of the buy-bust operation and the positioning of his team. Said drawing was marked as exhibit and I can only assume that it will be compared to the ones subpoenaed from the PNP Regional Director who conducted the buy-bust briefing.

The medico legal officer /expert witness who flawlessly addressed all the points raised by the defense counsel in order to discredit her report on a victim in a Murder case.

The suspect turned state witness in a Rape with Homicide case (previous semester, court observation) who was being discredited by the defense attorney because his statements contradict themselves at every turn.

Judges and lawyers were likewise worth observing.

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At one time, freshly-minted lawyers, one asked for the provisional dismissal of the case and the other a resetting. Both were refused by the Judge because the complainants as well as respondents were all present and that there is no ground to grant their motions. The new lawyers, repeatedly move for the provisional dismissal and resetting prompting the judge to ask if she had to repeat herself in a dismayed manner. The two lawyers were forced to conduct their pre-trial right then and there, denying every request for admissions.

In another court, the behavior of the Judge convinced me that despite the harshness of the law, acts of compassion and kindness from the judge can make the burden of conviction a little easier. The accused

was convicted of murder and frustrated murder and was

sentenced accordingly.

The Judge approached the accused, his

hand on the shoulder of the accused, as if consoling him. The judge told him not think much about the length of the sentence, that if he behaves accordingly -reform while serving his sentence, grab the opportunity to renew his faith in God, undergo skills training conducted inside the prison, his sentence will end sooner because he may be considered for parole.

Also in another court, a case for theft was provisionally dismissed. The Judge said to the accused to prove others wrong about him being a thief. It will be hard he said because his prior record militates against him but it does not mean that he can’t change. He advised the accused not to do anything that will bring him back to prison and use the provisional dismissal to start living a decent life.

The audience, on the other hand, was of a different type. Some behaved properly, some were chattering, some were constantly 17

supporting the relative-accused, some were critical of the accused, and some just wanted to leave the courtroom at anytime. Overall, they conduct themselves properly and accord the court the due respect entitled to it.

Conclusion:

Practice Court I and all the Practicum subjects I took thus far taught me a lot of things and helped me to understand the law better. It gave me a chance to supplement what was written in the books with a visual of how it is actually done. It gave the body to the soul as I see the theories being applied to actual cases. Practicum I with the Public Attorney’s office felt like a breeze. Practicum II with the Prosecutor’s Office is an extension of classroom instruction since the prosecutor assigned to me was kind and accommodating enough to quiz me on preliminary investigation, warrantless searches and seizures and custodial investigation. He made us prepare documents, from complaint, resolution and information and even the supporting affidavits as well as object evidence. He would critic the defenses raised and suggest possible loopholes in it.

Practicum III with the Office of the Clerk of Court was familiarization of the Hall of Justice, the various courts, the judges and the personnel who make everything come together like a wellrunning machine.

Practice Court I on the other hand made me focus on the main players inside the court room. There are definitely things that books cannot and will not teach you. Seeing lawyers raising objections right 18

before your eyes, judges deciding on said motions promptly animates the theories of the listed grounds for objection listed in the Rules on Evidence.

During our discussions in Trial Technique and Evidence under Dean Rivero and Judge Rosales respectively, they emphasized the importance of timely objection because failure to do so will constitute as an implied waiver. In one of the trials I observed, the witness was not allowed to answer a question which was previously answered by him but the other lawyer kept repeating for no apparent reason.

Other Observations:

Most criminal cases pending before the courts are drug-related cases, violation of BP22, theft, serious, less serious, and slight physical injuries, homicide and murder.

Other cases pending are

small claims and damages for breach of contract.

Most salas start at exactly 8:30 in the morning. That is why before 8:30 am, the litigants, witnesses, employees and officers of the court are there, patiently waiting for the arrival of the judge. As soon as the judge arrives, all people inside the court room stood to give respect with the judge. And, it is immediately followed by a prayer. After the prayer, the court interpreter reads the cases for the day, whether for arraignment, pre-conference, pre-trial, trial, and promulgation of judgment. Most sala starts with the promulgation of judgment, followed by arraignment, pre-trial, and the trial itself.

The Municipal Trial Court is housed in the old Hall of Justice Building and very near the City and Provincial Prosecutor’s Offices. It has three branches. Branch 1 is presided over by Hon. Nonna Oliva – Beltran, Branch 2 by Hon. Margaret N. Armea and Branch 3 by 19

Hon. Zenaida N. Bragais.

I only had my court observation with

branches 1 and 3.

The Regional Trial Court is housed in the new Hall of Justice Building. It has eleven branches with presiding judges as follows:

Branch

Presiding Judge

19

Hon. Erwin Virgilio P. Ferrer (Acting)

20

Hon. Erwin Virgilio P. Ferrer

21

Hon. Pablo C. Formaran III

22

Hon. Efren Santos

23

Hon. Valentin E.Pura, Jr.

24

Hon. Leo L. Intia (Acting)

26

Hon. Pablo C. Formaran III (Acting)

27

Hon. Leo L. Intia

28

Hon. Valentin E.Pura, Jr. (Acting)

61

Hon. Soliman Santos

62

Hon. Efren Santos (Acting)

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Sources: Philippine Judicial System Part II – Judiciary and the Judge, pages 6 – 11 IDE Asian Law Series No. 5 Judicial System and Reforms in Asian Countries (Philippines) Dr. Raul C. Pangalangan (Ed) Dean, College of Law, University of the Philippines

The 1987 Philippine Constitution

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SUMMARY OF COURT OBSERVATIONS: Date

Branch Number of Hours MUNICIPAL TRIAL COURT August 1, 2018 3 4 September 26, 2018 1 4 October 19, 2018 3 4 October 23, 2018 1 4 Total MTC Court Observation Hours 16 REGIONAL TRIAL COURT July 12, 2018 24 July 18, 2018 24 July 25, 2018 24 August 2, 2018 24 August 22, 2018 24 August 23, 2018 24 October 22, 2018 23 Total RTC Court Observation Hours Total Hours of Court Observation

4 4 4 6 4 4 4 30 46

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