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 4

Courts

III Court Observations / Insights 13

IV References 21

V Summary of Court Observations 22

VI Certificates of Appearance
 Municipal Trial Courts
 Regional Trial Courts

1
 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, well-
dressed 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.

1
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)

4
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.

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 2
- 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

7
 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

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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

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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 powers to either accept 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

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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 well-
running 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

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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

21
 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 4
July 18, 2018 24 4
July 25, 2018 24 4
August 2, 2018 24 6
August 22, 2018 24 4
August 23, 2018 24 4
October 22, 2018 23 4
Total RTC Court Observation Hours 30
Total Hours of Court Observation 46

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