CHRISTELLE G.

DIVINAGRACIA
JD - 1B
LEGAL ETHICS

COURT OBSERVATION

It was Feb 19, 2020 when me and some of my classmates went to

Dumangas Iloilo, Regional Trial Court Branch 68 for our court visit. It was my first
time going inside a courtroom and I was in awe when I saw various kinds of
people. When we identify ourselves to be law students from University of San
Agustin, we were ushered into a room where we met and spoke with the
presiding judge in the person of Judge Vicente Go. He spoke to us personally
inside his chambers, ask us questions, told us what we could expect in a court
hearing and just to learn whatever we can in that fresh experience. When it was
already 9:30 am, we made our way back inside the courtroom and were able to
sat on the center front row that gave us an excellent view of what happens inside
the courtroom.

I couldn’t help but notice the lawyers in their formal suits. I was also able to
obviously identify the people wearing handcuffs and yellow shirts who are the
accused on most of the cases. Together with them are their police escorts. As
soon as Judge Go entered into the court, everyone fell silent then we were called
to stand in observance of the ecumenical prayer.

After the prayer, everyone sat down and the interpreter began calling out the
cases. As I observed, most of the cases mentioned are criminal cases related to
Republic Act 9165 on Dangerous Drug Act of 2002. These are mostly pending
cases that were not yet decided by the court. Some of the accused would go in
pairs with their handcuffs on. After the parties to the case were called, they are
made to sign as proof of their presence. Even though we started behind the
scheduled time, there are still cases initially called out that were listed for 2nd
calling since some of the lawyers who are counsels to these cases have not yet
arrived. Some were also made for resetting since the opposing parties are not
present. The criminal cases are mostly handled by a PAO attorney and the
prosecuting side is the fiscal.

One drug case was only decided for termination of lawyer's services to
acquire the services of a PAO lawyer. It was brief and acknowledged by the court
immediately. Amidst the small courtroom, Judge Go was able to address each of
the cases as keenly as possible. Most of the drug cases were finally ruled upon
with the respondents being declared guilty beyond proof of reasonable doubt.
They were also set for check-ups on positivity to TB and drugs so they will be
rehabilitated. Justice was delivered since the final verdict has already been given
to them on account of evidence gathered and the applicability of the law to such
offense. I can feel the relief of the persons charged as their cases were closed
and ruled upon.

One interesting event was on the later part of the court hearings. There was
a homicide case and the accused himself was made to testify in his favor. He
was asked to be on the witness stand as the opposing counsel started the cross-
examination. The questions were also interpreted in our local dialect. All the
wordings by the judge and counsels were jutted down by the stenographer.
There were instances when they would recall statements or questions which the
stenographer can restate based on her notes. During the cross-examination, I
was amazed as to how the questions are wittingly crafted and even the
objections of the counsel for the accused were not granted if questions would
also be beneficial to the court. There was also a reenactment of particular scenes
of what happened on the day a crime took place. The accused was made to
show to the court what took place on the day of the crime. The accused
contended that what he did was self-defense since the victim attacked him first
when he was walking in a road towards his home. Startled by the attack wherein
the victim plunged to him a knife, he subconsciously took a step back and
escaped the attack. Maybe out of his fear for his life, he defended his self by
waving his weapon to the victim hitting him in the chest that must have caused
his death. There were series of questions during the reenactment and the
accused was able to execute the act which made it clear to the court of what
happened that day. There were also pieces of evidence presented to the court
and marked as ‘exhibits’. Even the location of his home to the crime scene as
shown in the map were also marked as ‘exhibits’. I was shocked when I heard
that the crime happened last 2009 which means a very long time passed already
but the case was still not resolved. The accused already spent 11 years in prison
but can still vividly recall and retell what happened on that faithful day. I was
hoping that his case will come to a fair and reasonable judgement soonest.

During this court observation, I noticed that opposing counsels from private
sectors are very well-mannered and greeted each other politely. Maybe I have a
different expectation basing on dramas I watched wherein opposing counsels are
really against each other. Once counsels have no more cases to handle for that
day, they will ask permission from the court to leave.

Other than the people, I also noticed the documents that were stacked in
front of the bench of the judge. These are the case files that are scheduled for
the day. Each case called, the files were taken from the bench.

The next case was an interesting civil case against a wife of the seaman. The
seaman husband filed a case against his wife for selling their conjugal properties
without his consent. The wife was called for cross-examination by the counsel of
the husband. I can see how she tried to act calm and answer in a low voice while
the counsel wittingly deliver his questions. It’s just sad that for how many years
the husband was working as a seaman, their family have no savings. I can say
that it really matters how a wife handles the income of the family but in the case,
it seems like the wife have been spending mindlessly and also deciding to sell
their properties but without traces as to where did the money go and how it was
spent.

After that case, some cases were put on hold for the afternoon session. We
visited Judge Go inside his chambers to bid our farewell and to thank him for the
experience.

Learning from this experience, I have seen how the lawyers conduct
themselves inside the courtroom. This is where Legal Ethics come into the light.
The professionalism exhibited not only to the judge and their clients, but as well
as to the fellow lawyers even to their opposing counsels, were in regards as to
what was truly ethical. During the short span of time I was able to observe inside
the court, I learned how the new lawyers introduced theirselves to the judge. I
also observe how they craft their questions that only seek out the truth to be able
to deliver justice to those who truly deserve it. There was also respect as to the
procedures and rules inside the court. Both young and old lawyers display the
same dignity and respect as what I have read and learned in our Ethics subject.
This profession deserves all the respect and I am thrilled to be looked up as a
lawyer like them someday.