COURT OBSERVATION

A Paper on Court Observation

Submitted to

Atty. Ruel O. Jumawan

Legal Technique and Logic

Submitted by

Ali Zafrullah Daud Binudin

JD 1 – B

May 26, 2020

 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.

It was Tuesday, 14th day of January 2020, I was able to attend arraignment, pre-

trial conference, initial trial, continuation of trial, promulgation of judgment and civil case

proceedings together with my classmates in the sala of Judge Kasan K. Abdulrahman

who serves as presiding judge of RTC Branch 27, listening and paying attention on

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.

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

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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. 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

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Regional Trial Courts, I have noticed that there would be more or less 15 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 litigation, I have noticed during my observation that Judge Abdulrahman is

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. Ebrahim Tasig Guialon & Guiahud Abdullah Mama 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 Tagalog. 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. 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.

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 Another case was set for pre-trial conference. Docketed as Criminal Case

No. 2018-10265, People vs. Glenda Pineda Tomas & Rolyta Clavecilla Negrete, was a

case for Qualified Theft. The honorable judge asked the parties first if there was any

proposal for amicable settlement and since there was none, the pre-trial proceeded.

The honorable judge asked the parties for the documentary exhibits that they will

present, the issues of the case and asked one party if they will adopt the issues raised

by the other party, the parties also offered for stipulation of facts and the honorable

judge asked one party if they will admit on the facts stipulated but in this case, the other

party agreed with qualification since there are some of the facts that they didn’t admit,

hence, this will now be subjected to trial. Also, the judge asked the parties to set

reception of evidence and to submit the judicial affidavit of their witnesses. This time,

they referred to the calendar clippings placed on the wall and during that time I realized

the purpose of the same in the court. During this case, I was surprised on how fast the

pre-trial was conducted but still the rules of court were religiously followed. Thereafter,

the Pre-Trial was terminated.

Another case was for Initial Trial, which was People vs. Melanie Macabalang

Guiabal docketed as Criminal Case No. 2019-11108 for Violation of Sections 5, 12, 15

of RA 9165. In the witness stand was a police officer who introduced himself as the

Investigator on hand. The state prosecutor was doing his direct examination. The

accused was named as Melanie who was seated in a nearby bench from where I am

sitting. It was a case of a buy bust operation. The questions that were asked posed a

tainted doubt on the part of the police officer being interrogated at the time. There

seems to be discrepancies with the way he answered the questions propounded that

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irked the ears of the judge. The witness told before the court that he had not been part

of the prior planning of the operation. There were just documents that he prepared

necessary to carry out the operation. He further added that the reason that he was not

included is in order that pertinent and sensitive information will not be divulged for

security purposes. The state prosecutor let the witness identified a document which is

called as Spot Report purportedly made by him.

In Criminal Case No. 2018-9941, People vs. Tahir Kabalu Sangki and Benjie

Kaurak Macmod, for Violation of Sec. 1 and Sec. 5 in relation to Section 26 (b) and Sec.

11 of RA 9165 was called on for the promulgation of decision. The judge handed the

court’s findings to the interpreter. The interpreter asked the accused to stand before the

court as he read to him the decision. I noticed that before directly proceeding to the

sentence there has to be a recap on how the proceedings went through from

arraignment to trial. Of course, only the salient points were mentioned until the decision

was reached. In this case, accused was found guilty for the crime earlier mentioned and

was sentenced to serve its corresponding penalties.

There were also other drug cases subject for hearing that day and in those drug

cases, usually the accused would plea bargaining to negotiate for a lower offense.

Also in between the list of cases subject for hearing that day were the civil cases.

There was this petition for correction of entries of live birth of Mariam Ibad Ahya under

LCR Registry No. 98-5303, in which the Counsel for Petitioner presented to the

honorable judge all the necessary documents which clearly shows the correct entries

that should appear on petitioner’s birth certificate. The said petition was granted as it

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was properly established by the counsel for petitioner that the indicated entry in her birth

certificate is indeed erroneous. Consequently, a certified copy of the court’s favorable

decision will be served to the concerned civil register for proper annotation.

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. 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.

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 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.