COURT
atabunal peed over bya jase, ges, or @
‘agave oi and cial Cases
Rae 198
» SECTION 1. Courts always open, justice to be
rompuly and impartially adrmmnistered. ~
‘Courts of justice shall always be open,
‘except on legal holidays, forthe fling of any
pleadings, motion or other papers, forthe
‘wial of cases, hearing of mations, and for the
Issuance of ordets or rendition of
Judgments. justice shall be impartially
‘administered without unnecessary delay,
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» SEC. 3. Process of superior courts enforced
Unroughout the Philppines. ~ Process issued
from a superior court in which a case Is
pending to bring in a defendant, oF for the
arrest of any accused person, oF to execute
any order oF judgment of the court, may be
enforced in any part of the Philippines.
Yr
RULES OF COURT
» SEC. 2, publicity of proceedings and records ~
The slung of every court ohiistice sha be
Exclude the pubic when the evidenceto be
fdcuced te ot such nature ast req
exclusion inthe terest of morality or
Secency” the records of every court of justice
Stal be public records and shal be avallablefor
the mspection of any terested person ata
fhe ler: having custody of such records. unless
the court shall inary spacialease, have
Forbidden teri pubhety,m the interest of
morality or dacs.
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+ SEC. 4. Process of inferior courts. The
process of inferior courts shall be enforceable
lwithin the province where the municipality or
ity es. itshall not be served outside the
boundaries of the province in which they are
Comprised except with the approval of the
judge of the Regional Trial Court of said
province
|,» SECTION 1. Arms and great seal of court. ~
“The arms and great sea ofthe supreme
Ccourcare these chanvobleswrtuallawliorary
‘Arms “Paleways of two pieces azure and
Gules super-imposed 2 balance or center with
{wo tablets containing the commandments of
Coder on either side. a chief argent with
three mullets or equidistant from each other,
‘in point of honor, avord argent over al the’
Sun rayonnant of with eight major and minor
rays
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» SEC. 3. Clerk's office. The clerk's office,
swith the clerk or his deputy in attendance,
‘hall be open during business hours on al
days except Sundays and legal holidays. The
‘der of the Supreme Court and that of the
{Court of Appeals shal keep the office at
Manila and all papers authorized or required
{tobe filed therein shal be filed at Manila,
—
"Sige gate sar eres,
eh ca ea ee
Spun oa erders snd notes tat fol a ater
ouee roc nae seat
ES ans eeayeris areas
seaenc lead guiem gue senenett ofthe
Ser vania mas Detects
Seeacceasrate nm eam
{EN he fangs in elation tothe sae tie ge al
SESE aat ae mebet cao
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» SEC. 2. Style of process. ~ Process shall be
lunder the seal of the court from which it
Issues, be styled ‘Republic of the Phulppines,
Province of “to be signed by
te clerk and Bear date te day it actualy
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» SEC, 4. Issuance by clerk of process. ~ The
clerk-of a superior court shall issue tinder the
‘Seal of the court all ordinary writs and
process incident to pending cases, the
Issuance of which does not involve the
‘exercise of functions appertaining to the
‘court or judge only. and may, under the
direction of the court or judge, make out and
‘Sign letters of administration, appointments
(of quardians, trustees and receivers, and all
Aunts andi process issuing from the court
PE
» SEC. 6. Clerk shall eceive papers and prepare
‘minutes. ~ The cletk of each superior court
Shall receive and fil all pleadings and other
papers properly presented, endorsing on
‘each such paper the time when it was fled
and shall attend al of the sessions of the
‘Court and enter its proceedings for each day
{in a minute book to be kept by him
LP» SEC. 7. Safekeeping of property. ~ The clerk
shall safely keep all records, papers, files,
exhibits and public property committed to his
charge, including the library of the court, and
the seal and furniture belonging to his office,
Pa
» SEC. 9. Judgment and entries book. ~ The
clerk shall keep a judgment book containing
a copy of each judgment rendered by the
Court in order of ts date, and a book of
entries of udaments containing at Fength in
chronological order entries of all final
judgments or orders ofthe court.
|
hy ana ha
"Gig, te eae
ler ea
Fp apagia ee papel
a ae mae
Ee aoe
ee
sole aariecd
Seee ened tals oe
tetas at
sen vette
einedly
clases as the court shall deem
» SEC. 8. Generafdocket.~ The clerkshall keepa
‘general docket, each page hich shal be
rhumbered and prepared for receivingall the
entses ina single case, and shall enter therein all
‘cases, numbered consecutively in the order in
‘hich they werereceived, and, under the heading
(of each case and a complete title thereof, the
date ofeach paper filed or issued, of each order
lrjudgment entered, and of each other step
taken in the case, so that by reference to asingle
age, the history of the case may be seen,
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» SEC. 10, Execution Book.~ The clerkshall keep
an execution book im which he or his deputy shall
Fecordat length in chronologial order each
execution, ad the officer's return thereon, by
‘ntue of which real propetyhas been sold.
» SEC. 11. Certified coptes.~ The clerk shall
prepars, for any person demandingthe same, a
Copy certfiedunde the sealof the court of any
paper record. order, judgment, or entry in his
Dice, properto be cert, fr the fees
prescibed by these rules.
» SEC. 14. Taking of record from the clerk's
office. ~ No record shall be taken from the
clerk's office without an order of the court
except as otherwise provided by these
rules. However, the Solicitor General or any
of hs assistants, the provincial fiscal or his
‘deputy, and the attorneys de officio shall be
permitted, upon proper receipt, to withdraw
{rom the clerk’ office the record of any case
in wich they are interested.
|» SEC. 15. Unpninted papers. - All unprinted
{documents presented to the superior courts
‘of the Philippines shall be witten on paper of
‘good quality twelve and three eight inches in
length by eight and one-half inches in width
leaving a margin atthe top and atthe eft-
hhand side notless than one inch and one-half
inwidth.
LE
get es tat
sie ei a
deere eet
{iv tteal ie objebon ating ihe grounds
Snegie ck wiiaiseen,
See cena entra
Bets SSE oe
Pent Schiele mec
meester
Seen sc
hh
» Sec. 2. Requirements fra aplcants for
stimission tothe bar tery appt for
‘tdmssion asa member ofthe bar must be a
Sitize ofthe Plippines. a least twenty-one
years of age, of goed mal character and 8
Tesident ofthe Philippines, end must proce
botore the Supreme Court satsactory
exndence of good mel character, and that
‘ho charges soa hm, invoking mot
turpmude, have been fled or are pending i
ny cour the Phipines
hh.
i Pott tao,
iehaeemareraages aes,
rena aeta ae
Hpsce cil koma eter
cl rita ame ea
sears
i se atttietar tats,
seer cecmeaicseat a
seenieiana tela come
MG ioe valanisieace
singe darn ts aati
Beet ety aeatanatga on
recone ee "
LE
ATTORNEYS & ADMISSION TO BAR
Rule 138
» Section 1. Who may practice fa. ~ Any
person heretofore duly admitted as a member
fof the bar, oF hereafter admitted as such in
accordance with the provisions ofthis rule,
{and wo is in good and regular standing, 1s
entitled to practice law.
hh.
+8 gues ier tw
Sidon see
1
mete ap
ae ain
Paes ete noe
erie aad aa
Sey enti eas ey
See Serlungte eo no
|» See. 4 Requirements fr applicants trom other
fetaicons”Ropicsnie tor admission who,
ng Fino citrer. ae enraliedatomeysin
goadaeanaingin te Supreme Cour of the
sor any ecu court of appeals or
trict court therein, oF i the ghost courtol
‘ny State or Texto ofthe United states, and
‘aho can show by satisfactory certcates that
they have practied atleast ve yearsin any of
Said courts, that such practice began before uly
BNSaG aid that they havenever been
‘ispended or disbarred. may nthe discreuon of
the Court, be admtteauathait examination.
|
» S86, PremLam No aprianforadmisonto
the bar examination shade admtteduniess he
resents acerieatethat he hae satsied the
Sect eucationtiat peojehe began he
Completed an authorized and fecognised
fret or caine reguiring or admission,
{hereto the competion ofa four-year high school
‘ouse, the course of study prescibed therein or
‘Stbachélor’s degreeim arts or sctences with any
{tthe folowing subjects as major or fel of
‘ncentration: politcal science lost. cnghth,
Spantsh, history and economics.
LE
» Sec. 9. Examination, subjects. ~ Applicants, not
‘otherwise providedforin sections 3 and 4 ofthis
‘ule, shall be subjected to examinations inthe
following subjects Civil Law, Labor and Social
Legislation, MercantleLaw Criminal Law
PolticalLaw (Constitutional Law. ube
Corporations, and Public Office) International
{aw Private and Publid, Taxation, Remedial Law
(Cri Procedure, Criminal Procedure, and
Evidence) Legal Ethics and Practical Exercises (in
Pleading and Conveyancing)
hh.
» Sec, 5,Addtional requirement fr other
Fite eR Cet ther
‘chon sl bore beng ade csiome
sonigeaaricertchaea
Siow Scodl orunersy, ftv proved sna
inceoized bythe Scitryafeacaton. Te
erate onthe avery Schon Pam,
Shall behets eden of ath act se
Hutter edence maybe reqtedy the cour.
hh
+ $0.7. Tine for fling progtof qualifications Al
ipptane Toran sol fc mth elec of
‘tants a least tien 19) dae betes
‘Beaming af the examination, I mat embraced within
Sectons 3 and oth ule they shal ao Hew,
the'Sne pened the fini aned cette required
Dy section 5 and embraced within sectons and ¢
‘hy all echt acess evidencing te fac of thea
{dmg to tactic, satisfactory enderce tat the
Sm has ot ben revoked, and ticles a to
ther pretessona standing. Appeants shal aso le
tthesame time tee ow atfeawts set ther a9
endence, and caizenshp
» Sec. 10. Bar examination, by questions and
answers, and in writing. - Persons taking the
‘examination shall not bring papers, books or
‘notes into the examination rooms. The
‘questions shall be the same forall examinees
land a copy thereof, in English of Spanish,
‘all be given to each examinee. Examines
shall answer the questions personally without
help from anyone.
>.Eyewitness
+ An eyewitness brings observational testimony
tw tho proceedings after having soon the
Slloged crime or a facet aft Ite sometimes
unreliable (e0e "Reliability of witness
accounts” below?) however is presumed to be
better than ciroumstantial evidence, When
several poople witness a erine, lawyers will
Soften look for consistency among the
recounting of events in order to determine
‘what actually happened,
—
Expert witness
+ An expert witness is on that has superior
‘knowledge to the avorago person when i
comes to the topic they wil toatify about.
‘These people are often doctors, forensic
experts or peychologists
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Character witness
» This witness vouches under aath to the good
soputation of anther person often in the
Ccomminity where that parson lives, The
\witnessis there typically to say the defendant
is a good person and possesses sold ethical
qualities Or morality. This kind of testimony
{ key when the defendant's honesty or
‘morality is being question, which often
Inoppens in fraud ences:
|Sworn statement
» Aswordecaration ali ced a swoen tementor2
starementunces pena of peju sa document that
recs facts pertinent to alsa proceed. Iie ery
sinar to an aida, but une an aidan, iis not
-wiesed and sealed by an offal sch asa notary
public
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Arraignment
» A cline proceeding atwbich the defendants oficaly
caled before a courtofeompeteturcion,iafomed
the ose aed inthe comphin, infomation,
‘ndtment, or ter charging document, and asked to
ene plea of ay, nt gor obese
permed by Law.
|
Plea Bargain
» The plea barn {also plea agreement plea eal,
‘copping a plea or plain mitigation) is any agreement
‘criminal case berneen the provecuor and defendant
‘whereby the defendant ares to plead 102
parca charge in tum fr some concession from the
prosecutor.
PPMotion to quash
» A motion to quahis request a cout to render a
‘resins decom of that court or oe uci bod
alo iva Tica arse out of mistakes made by any
lavyerin a cout proceeding Fr example, apa
thatreeves improper serie of pres may flea
‘motion toquash
Pr
>the pos ofthe Sopeme Cont are defined in Arie
Vi ofthe 1987 Consintion, These factions maybe
seneraly ddd into to - judicial
funciona init func,
~
Supreme court
» (Ep: Reza eaeng Hokuman ay Pines,
coloqualy refered tty de Soa: Cote Suma
~
administrative functions
» The adnate futons of the Cou pertain othe
supersison and contol ovr the Philippine juicy and
ss employes, aswel as over members ofthe Phiipine
‘ua, Parwanttothese functions, the Cou is
‘ecpovered to onder change of em of il inorder
tw amid a miscanage of justice and to appoint al
fics and employes ofthe utc.
~judicial functions
» Thejuilporeristetedin ‘on Suyene Contain
sutlover cous: be esbished ba” Ts
sadcalporeriserenisedhrutiejudcan'spcmay
‘neo ajudcaon rachel "eur ft cours
suet sete acu comorersesaohing nh hthce
legally demancable and enforceable, and to determine
‘tht or noire as benagre dso scretion
anouegilak x exesofunsdstnonte petal ay
brachor nsranenlyofe gerne.
>
Functions of Organizational Units
» THECOURTEN BANC
» CLERK OF COURT
» DIVISION CLERKS OF COURT
» ACCOUNTING DISION
» HUMAN RESOURCE MANAGEMENT DIVISION:
» INFORMATION AND STATISTICAL DATA
DIMSION
~
COURT OF APPEALS
» Liber sate cout nich apes are made ig
asking ever of adesnnade in aloe out
»9.Coutof Appa fer cn tbh pea re
say igs eng evel adn main
feel it co,
Pn
» JUDICIAL RECORDS DIVISION
» MANAGEMENT INFORMATION SYSTEMS
DIMSION
» REPORTERS DIVISION
» SECURITY SERVICES (UNDER THE OFFICE OF
‘THE PRESIDING JUSTICE}
PaRegional trial court
» Justine)
» Baas Fanbans Big 129,ccThe jdcry
Reowpizaton At of 198), and Repub Act No, 761,
oc An Act Ean the Justo of he
Metopotian Til Cuts, Municipal Teil Cou ant
Mural Cut ial Cours of 190s amended,
save the RIGS the foloningjuisticion:
Pr
CRIMINAL
» Region! Til Coos clever exces
unica nl rine ass noi teense
scion ofany cou rural or bod excepts nor
fang under he excuse and concurentjunstictonof
th Sndoznar ich dal heer bende en
copnace fy ater. RTC Canal Cours icarny
ces efron cede more ebke, opposed
copes hich redue the buen cfcourtees
CIVIL
» Indl cil aeons nich ile thet orposesionof,
sel propery racy ineenterin rheete seve
‘be ofthe propriaohed exceeds Tren hound
ps0 (P2000 or, orctlacoasa Nevo Mana,
‘mere such value exceeds Fitythousand pesos (P50,0.00)
scpminsfrfetle ean of widest
lands orbulings nga usin over chs
Sandan noose Talore Musial
Teal Cou and Marc Cect Tal Cours
~~
» Reina Til Cous sul exercise rg jurist
» (ia theisance of sof ceo proton,
mandamus, quo rant, habeas cespus anion
hich mar be enfred in any prof te respecte
regs
» (9) lacus afeinganbasadrs and ter public
nse and cons
> rmMunicipal Circuit Trial Courts
» Muni Crat Tel Cousejuil cous ofthe
Fhiippine Judcal Sytem which covers tro or more
smuggle in the oan: Ever mui in the
Pipi bas its oma Manip Tl Cont. is
refed toa such ites ony one mal,
ches, sed Mania Creu Tel Cour iit
coves voor moe mies
>Composition and
members of the cout
mn
Judge
) The Rol ofthe Judge Judgespla man roles. Ther
‘nt thela, aes te eieae presente, and
control oberg andi nfl in ie
courtrooms, Mos: important of al, judgesaeimpartia
cers nates in the pus fuse
Chief Justice
role ofa defense attorney
>the role ofadelense atomeris notch dent fom
‘hatyou se on telesn. Whether he dea ith
cial or cl cass, defemse atoreisanadiocte
forthe accused, charged with protecting his cents
ines and making sue the av woes a ts
m™ hb.prosecuting attomey
» Tamale fies, hey maybe response for al apes
cf cna proseuion Proseutng atomesbeia 2
axe by evening police reports and performing
research, They may meet with wimeses or victims. They
sete gathered infomation in conto preset the
ase ans te aconed ded
~
Defendant
» The peson no general canes cute juicl
fumcio of bearing and determining ius wich aise
before andar iin cil and cnn ass.
Asoc Judges do not ear ts, el ado who
is bed bya slic to preset he dence
rosevion cin cout,
mn
Clerk of court
» courte Bit Eh certo court
Amon Eh deotheourtor det ofcouts
2x ofc oft courte reponse
maintaining records of acount Another duty to
administer oaths to wimesses, jurors, and grand jurors
~
Witnesses
» ae people no ae been cle to he ise in
cont
» Theres ame scl andthe ino te nines
bvatone side ofthe ue Tey stad inthe ines
‘onto repeat a or aio and then st down
~~Decongestion Officer
» Shes Offers pote a serie oallcou uses and
cont to th ovals ofthe Couts
Adnan Ahoy in relation tps and
cout seouity be:
»ponga hu caomersenietdl dens ote
conse,
» eninge secur ei ofrsnertldincasdy
ander esoasnpeig bere cot
» proving cata eee nooutsppotericeto
th counssenby meeicp he requirement ud
andjversoca daly bass
» and maining saad
mm Dr.