COURT OBSERVATION

On JANUARY 20, 2020, I, JACK ROLLAN S. ANINO, appeared before

BRANCH 15 OF THE REGIONAL TRIAL COURT, in Hall of Justice, Ecoland, Davao
City as shown in the Certificate of Appearance marked as “Annex A”, in the morning, to
observe a Civil Case and give us a glimpse of what is happening in the real legal world.

RTC OBSERVATION PROPER

As soon as he arrived, the Presiding Judge, Hon. Mario Duaves, announced that
the court will start hearing the lone case of the day. The court interpreter then
proceeded to announce the name of the case and the case number:
CASE TITLE: LU CHUAY HUA LIM VS MARTIN SOLIS
NATURE OF CASE: CIVIL (SUM OF MONEY AND DAMAGES)
HEARING OF THE DAY: PRESENTATION OF WITNESS

The respective Counsels made their appearances before the court, Witness was
then called to the witness stand for Direct Examination

Rules related to Direct Examination:

[Section 5. Direct examination. — Direct examination is the examination-in-chief of a
witness by the party presenting him on the facts relevant to the issue.]
[Section 35.When to make offer. — As regards the testimony of a witness, the offer must be
made at the time the witness is called to testify.
Documentary and object evidence shall be offered after the presentation of a party's testimonial
evidence. Such offer shall be done orally unless allowed by the court to be done in writing.]

Witness sworn an affirmation to tell the truth, the whole truth and nothing but
the truth and was asked by counsels series of questions which includes identifying the
parties and his relation to them, knowledge of several documents, and lastly his
affidavit which was thereafter marked as sn Exhibit upon the cross checking of the
Defense counsel who confirmed the faithful reproduction of the said documents. The
witness then proceeded to explain to he court his knowsledge of such loan and unpaid
balances. He also affirmed the existence of several receipts and promissory notes.

Rule related to Cross Examination:

[Section 6. Cross-examination; its purpose and extent. — Upon the termination of the direct
examination, the witness may be cross-examined by the adverse party as to many matters stated
in the direct examination, or connected therewith, with sufficient fullness and freedom to test his
accuracy and truthfulness and freedom from interest or bias, or the reverse, and to elicit all
important facts bearing upon the issue]

During the Cross Examination, the Defense Counsel showed receipts and
promissory notes to the witness to confirm their veracity and truthfulness which was
affirmed by the said witness. The Defense Counsel also asked series of questions
establishing certain issues with regards to the loan. The defense counsel focused on the
procedures and manners within the business of the plaintiff of how loans are extended
and how promissory notes and recipts are issues.

CONCLUSION

The presentation and cross-examination of witnesses helped me to

understand that the practice is not actually what we see and watch in our televisions,
particularly where the confrontation is more dramatic, exaggerated and over-acted. In
the real setting, the parties, their counsels, the witnesses, the Judge and the watching
public, are actually just calm and quiet. From that certain case and along with other
cases I was able to particpate and witness during the Practicum, where I was able to
observe, the opposing lawyers and the judge will just interfere with the questions and
the cross and direct examination when there is a need to clarify what the witness has
just said. Most of he time the Judge will just listen and will just wait for the opposing
counsel to object or not. While there are times that the Judge will ask questions, this
usually happens when the Judge thinks that the witnesses did not really understand the
question thrown at him. However, there were instances also that the Judge will ask both
counsels on what they think about the motions forwarded or filed.

I would like to thank Atty Resci Rizada in including Court Observation in our
Legal Forms and Practicum subjects because this gave us the chance to immerse
ourselves in the lawyering life. Indeed, law pratice is a noble profession. The court
observation gave us the opportunity to see the bigger picture of the profession we want
to have.