COURT OBSERVATION

A Paper on Court Observation

Submitted to

Atty. Shawn Cary M. Akot

Legal Technique and Logic

Submitted by

Maree Erika Chrizette R. Opu-an

Ll. B. 1 – A

January 17, 2019

 INTRODUCTION

Law school is a great opportunity in which law students are given opportunity to
learn from the professors, who are in and experienced in the practice of law, on top of
the theories and doctrines from books and cases. The discussions and the descriptions
from the readings and from the words of the professor create a picture in my head.
Many of the teachers I had would mention in the class that it is different if one can
witness how legal proceedings were done in court.

For several times for the last 2 months, I was able to go in the different
courtrooms with the lawyer I know, listening and paying attention what is happening
therein. I was able to experience what it is like to be in the courtroom with ongoing court
proceedings. I have visited the courtroom a few times before but I was not paying
attention as to what was happening or why things turned out that way. I did not
understand much as to the legal proceedings that I was not able to give my full attention
on it. Lately, how I had been in the courtroom was quite different as I was fueled with
enthusiasm as an aspiring lawyer and better understanding to some things happening
there. I was able to join the hearing of some cases in 15th Guimbal-Igbaras-Tubungan-
Tigbauan Municipal Circuit Trial Court, Regional Trial Court Branch 67 (Guimbal, Iloilo),
Regional Trial Court Branch 68 (Dumangas, Iloilo), and 5th Barotac Viejo-San Rafael-
Banate-Anilao Municipal Circuit Trial Court (Barotac Viejo, Iloilo).

THE COURTROOM AND THE COURT PROCEEDING

Outside the building of the trial court, I have noticed that there are many people
composed of policemen, lawyers, few detainees, complainants and their families waiting
for the arrival of the judge and the start of the session. I noticed the large number of
people attending the hearing session in the RTC compared to MCTC or MTC. I would
passed by the piles of documents which later on I found out are the documents of the
cases. Some were at the top of the old, broken tables, or inside the sack bags on the
floor, while others are merely on the floor. The documents are very thick that seems so
heavy to carry. People ahead are checking on the calendar of cases posted near the
door of the courtroom. It provides the branch number and name of the trial court, the
names of the judge, the prosecutor, court interpreter and stenographer. It also contains
the sequence of cases to be tackled in the hearing throughout the day. As I entered the
courtroom, people especially the lawyers would ask if the judge is already around and
would talk awhile. The detainees, wearing yellow shirts, were then brought inside the
courtroom by the Bureau of Jail Management and Penology authorities and were to sit
at their designated seats therein. As soon as they heard that the judge arrived,
everyone would eventually sit quietly. The judge, wearing a black robe, then entered the
courtroom through the chamber, proceeds to the center of the platform and waits for the
court interpreter to request the people in the courtroom to stand and pray the
ecumenical prayer. The court interpreter would then declare that the court is in session
and announces the name of the Judge in a loud clear voice. The judge would then
pound the gravel indicating that the session is about to start and to call order in the
courtroom. The court interpreter would then tell everyone to be seated, to turn-off or put
their phone in silent mode and to observe and maintain silence in the courtroom
throughout the session. The judge would make a roll call of all the cases for the day to
check if both parties and their respective counsels are present. Lawyers would then
enter their appearance to confirm their attendance. Those persons whose lawyers are
not yet around were requested to wait for the second call. The list is so long that some
of these will be attended in the afternoon. Especially in the Regional Trial Courts, I have
noticed that there would be more or less 30 cases per hearing session. I have observed
that those persons who do not yet have a counsel, the judge appoints a counsel de
oficio. While those persons whose counsel is not available on that day, their hearing
was set on another date. Many of the persons summoned in court, would get the Public
Attorneys’ Office lawyer as their counsel because of its free legal service and that those
who seek their services are indigents. In cases in which the lawyers of both parties are
available, they will proceed to whatever stage their respective cases are already in. At
times that it is getting noisy inside the court, the court interpreter would automatically
calls the attention of the hearing attendees to observe and maintain silence while the
hearing session is going on.

In the litigations, I have noticed during my observation that most judges are very
strict in implementing court procedures including the court order, entry of the
appearance of the counsel and reset of scheduled hearings. I was able to witness civil
and criminal cases subject for hearing.

The case of People vs. Santoluis, et al., which was heard in Regional Trial Court
Branch 67, Guimbal, Iloilo, was subject for arraignment at that time. One of the accused
was called in front of the judge by the court interpreter, together with his counsel. The
complaint was read by the court interpreter in a language that he can understand which
is Karay-a. Relaying the information in such way is important for the accused to fully
understand the complaint, of the crime which he is being charged of, and why he was
summoned in court. In another case I heard in 5th Barotac Viejo-San Rafael-Banate-
Anilao MCTC, where the accused were fishermen who were allegedly committed the
crime of illegal fishing. They were also informed of the cause and nature of the
accusation in the language that they will fully understand or comprehend to carry out the
purpose of arraignment.
 Sadly, in all the court hearings I was able to attend, no pre-trial was conducted
because supposed pre-trials scheduled were reset due to unavailability of Public
Attorneys’ Office lawyers during those times. Thus, the judge ordered that pre-trial
proceedings be re-schedule on another date. Another instance was during the
supposed pre-trial proceeding, the counsel of the accused moved to reset the pre-trial
because he will apply for his client to be a state-witness. Thus, he was given time by the
judge to prepare.

In People vs. Tucar, et. al., which was heard in15th Guimbal-Igbaras-Tubungan-
Tigbauan Municipal Circuit Trial Court, it was the Presentation of Evidence of the
prosecution. The prosecutor called on the witnesses of the complainant and the
complainant himself to the witness stand for direct examination. The witnesses as well
as the complainant were questioned by the public prosecutor. After the direct
examination conducted by the public prosecutor, it was the turn of the counsel of the
accused to cross-examine the witnesses of the prosecution. Then, after the cross-
examination, the witnesses were excused by court. The prosecutor and the counsels
from both parties discussed if they can settle the case instead. The judge then, gave
both parties the time to manage about the settlement until the next hearing schedule.

On the next hearing schedule, both parties ended up with a plea bargaining
agreement subject to the approval of the court. In this case, the counsel of the accused
moved for the re-reading of the information based on the plea bargaining agreement.
On the plea bargaining agreement, the accused negotiated to plead guilty to a lower
offense. Upon the approval of the court, the accused was allowed to plead guilty to a
lower offense. Judgment was promulgated and the accused was made to pay for fees at
the cashier or accounting office of the court. After the promulgation, the accused asked
for a number of days to apply for probation, which was granted. He and the other
accused were then told by court and reminded by their counsel that during the probation
period, they need to present themselves before the probation officer every time the
probation asks them to report.

There were also drug cases subject for hearing in most sessions I was able to
attend. In those drug cases, usually the accused would plea bargaining to negotiate for
a lower offense.

In between the list of cases subject for hearing on the day are the civil cases.
There was this annulment case in Regional Trial Court Branch 68, Dumangas, Iloilo, in
which one of the parties was not able to attend the hearing and the judge assigned the
provincial prosecutor to conduct investigation and to get collusion report which is a
jurisdictional requirement for the case to push through. In a civil case on land dispute, a
cross-examination of the witness of the prosecution was held. It took only a short time,
in which after, the judge ordered the party of the accused to present their witness or
witnesses on the next hearing for the continuance of the case. The judge together with
the court interpreter and both parties set the schedule of the next hearing.

After attending each case, regardless if the case was heard or moved to reset,
the parties as well as their respective lawyers must sign on the attendance handled and
kept by the in-charge court staff.

THE EXPERIENCE AND THE LEARNING

It had been a wonderful experience for me to be able to attend and learn more
through observing in court. As they said, “Experience is the best teacher.” It is indeed
true to its words. Through the experience, the picture painted by imagination through
the words of my professors, the books, doctrines, theories and other assigned readings
were given life. I was able to appreciate the things we discuss in class as I was able to
witness how it was applied and done in court. The legal processes and court
proceedings were understood better. The responsibilities of being in the practice of law
as well as in preserving and protecting the life, liberty, security or property of the people
whom were called clients were given with deeper meaning. I realized, Diokno was right
in his book. A lawyer must be prepared in presenting himself and his client in court. One
must create his or her own technique to be able to perform his or her best and not to
neglect or forget the responsibilities weaved with it.

Aside from those things, I was motivated more as to my aspiration of becoming a

good lawyer. Being a lawyer is not enough. One must be a good lawyer who bears the
ideals in doing the outmost best in seeking justice and protecting the life, liberty,
security and property of the Filipino nation.