COURT ROOM DECORUM AND ETIQUETTE

Lawyers whether private practitioners, government employees or

officers, are required to observe proper dress code and behavior during
court hearings, whether it is a virtual or physical, in order to avoid
appropriate disciplinary measures that can be imposed by the judge.
But, the primary purpose of this is to maintain the dignity and the
solemnity of the proceedings. Also, to maintain the respect of the people
to the legal profession and system.
Basic Court Room decorum and etiquette:
1. Dress code. It is applicable to counsel and client.
2. Make sure to turn off your phone or put your mobile phone in
silent mode when entering the court room. Refrain from using it,
unless there is compelling reason to do so. Apologize to the judge
and ask permission to answer your phone, in case you forget to
put it in silent mode.
3. When the judge enters the court room, order should be
maintained. Everyone in the court room must stand. Remain
standing in your appointed places until the presiding clerk opens
the court and the judge is seated. In this case, wait for the judge
to strike the gavel.
4. Everyone except the clerk will then be seated. The clerk will then
call the case. If your case is announced, stand and then enter your
appearance as counsel of your client.
5. Alertness. Always be attentive inside the court. Listen to the judge
carefully and respond to his or her queries directly and briefly as
possible. Address the judge with veneration by stating “Your
Honor”. Wait for the answer or statement of the judge. As much
as possible, do not irritate the judge.
6. When speaking, talk slowly, loudly and clearly. Do not eat your
words, and express your manifestations, statements and queries
in simple English.
7. Posture and gesture. Keep a good posture, and relax. Do not cross
your arms. Avoid improper gestures. Be formal. Do not use hand
gestures that express threat to the judge.
8. Lateness. Counsels who arrive in court after the court has been
opened and the case has been called, should offer an apology to
the court and give an explanation for their tardiness.
9. Be professional with the other counsel. Avoid showing indications
of intimacy which can engender suspicion of collusion, and making
the justice system questionable or untrustworthy. This is to
protect the image of the legal profession and the legal system; to
maintain the respect and trust.

RULE 132
Presentation of Evidence
PRINCIPLES:
1. The case is won or lose depending on how effective was the
presentation of the evidence, particularly as to what evidence
was presented and how it was presented.
2. Parties should be allowed a certain latitude in the presentation
of their respective evidence. The court should not limit the
evidence to be presented, unless there is a compelling reason
(redundancy, in the case of People vs Larrañaga).
3. The party should be allowed to maintain their own way or style
of presenting evidence, if this can be done without injury to the
speedy disposition of the case and to the best interest of
administration of justice. Be flexible. Do not stick with one style
of presenting evidence.
Sec.1.
Provides the manner of presenting testimonial evidence.
 The first one is by presenting the witness personally to the
court, so that the court and the opponent will be able to
observe and hear the testimony. Personal presence cannot
be substituted by written statement.
General Rule: There is no secret testimony, it must always be
done in the presence of the adverse party.
Exception: 1. when the presentation is to be allowed ex parte (one
sided presentation; example: Reissuance case/lost of certificate
of title); 2.testimony to interrogatories or depositions; 3. Child
witness (in a separate room)
 Second, the witness has to be examined under oath or
affirmation, to answer the questions that may be asked by
the proponent, opponent and the judge.
 Oath is an outward pledge by the witness that his testimony is
made under immediate sense of responsibility to a Supreme Being
or to God.
Affirmation is a solemn and formal declaration that the witness
will tell the truth.
 What is the purpose of an oath or an affirmation?
The purpose is to affect the conscience of the witness and to
compel him or her to speak the truth. Also, to lay him or her open
to punishment for perjury.
 PERJURY vs. FALSE TESTIMONY (Nota bene)
Perjury, it is not necessary that it is done in judicial proceeding.
False Testimony, it is necessary that it is done in a judicial
proceeding.
 What is the effect of lack of oath?
If the opponent fails to object then the testimony will be given
weight or deemed admitted. The opponent will be estopped for
failing to object. Or, the opponent may disallow the witness from
testifying, or move for the striking of the testimony, when there
is a lack of oath. (BE ATTENTIVE OF THE COURT PROCEEDINGS!)
 Third, the form of the testimony must be oral, unless the
questions requires another form, such as when it is
demonstrable through actions; when the witness is deaf-
mute; or, a child witness.
Sec. 2. The proceeding must be recorded. The courts of the Philippines
are courts of record. Anything not recorded is deemed not to have
transpired and will not be considered in the resolution of the case.
Matters to be recorded:
1. Questions by the proponent, opponent, and the court, which are
propounded to the witness.
2. The answer of the witness to the questions.
3. Manifestations, arguments, and statements of the counsels and
the statement of the court to counsel or clients.
4. Instructions and statements of the court to the court personnel
 5. Demonstrable actions, movements and gestures and observations
that are asked to be described or recorded.
6. Observations during the conduct of ocular inspection.

There are also matters that are not recorded, like off the record
statements which were ordered to stricken off the record.
(improper, irrelevant, hearsay testimony)
Sec. 3 Rights and Obligations of Witnesses.
The obligation of the witness is to answer all the questions that is asked
to him or her. However, the witness has the right to be protected against
tactics from the opposing counsel that are insulting, intimidating or
harassing. The witness has the right not to be detained longer than
necessary as required by the law. He may also refuse to answer those
questions that are not pertinent to the issue and those that are self-
incriminatory, except when the accused is testifying as a witness in his
own behalf as to the questions relating only to the offense upon which
he is trying to testify; or when the witness is granted immunity from
prosecution (under the witness protection program or discharged to be
used as state witness or government witness in anti-graft cases). The
witness may also refuse to answer questions that are self-degrading,
unless it is to discredit the witness by impeaching his moral character.
Sec. 4. Examination of witness
What is examination?
Examination is the act of finding facts from the witness or to test his
memory and credibility.
What is proponent?
Proponent is the party who called the witness to testify in his favor.
What is opponent?
Opponent is the party against whom the witness is called.
What is Friend witness?
Friendly witness is one who is expected to give a testimony that is
favorable to the cause of the party.
What is a hostile witness?
Hostile witness is one whose testimony is not favorable to the cause of
the party who called him as a witness.
Order of examination:
1. Direct examination by the proponent
2. Cross-examination by the opponent
3. Re-direct examination by the proponent
4. Re-cross examination by the opponent

Judicial Affidavit is used as a direct examination for the speedy

disposition of the case. It replaced the direct examination. This is
required when filing an initiatory pleading. But, the counsel may still ask
questions for clarification in relation to the Judicial Affidavit. The counsel
will now formally offer the witness for cross examination.
The formal offer of the documentary evidence must be oral, although
you can still file a written formal offer of evidence (motion), provided it
is verbally or orally manifested.
Sec. 5 Direct Examination
Direct examination is the examination in chief of the witness of a party
presenting him on the facts relevant to the issue.
Procedural Requirement:
1. Offer of the testimony. The proponent must state the substance
of the testimony of the witness, the summary, the topics that he
will tackle, the reason why he is presented. This is the outline of
the major points of the witness testimony. Also to state the
purpose and intention of the testimony.
This is necessary because the direct examination may be objected
by the opponent, when there is no offer of evidence. Also to object
the direct examination, when the matters or questions are not
included in the offer of the testimony. This will cause for the
testimony to be stricken off.
Another importance of offer of testimony is to shorten the
proceedings as to the opponent may admit or stipulate on the
matters to be testified (theoretically, because there is JAR now).
In cases of Rules of Summary Procedure, JAR is not applicable,
 sworn statement of witness or affidavit of the witness will suffice.
But, you may still opt to submit JA (if PABIBO).

SUMMARY PROCEDURE CASES:

Civil cases.
1. Forcible entry and unlawful detainer cases
2. Civil actions and complaints for damages where the claims do not
exceed 2,000,000.00
3. Cases for enforcement of barangay amicable settlement
Direct examination is the only opportunity for the proponent to elicit
from the witness all the facts which are important to his case. All the
favorable facts must be squeezed from the witness.
The examination must be clear, forceful, comprehensive, and efficiently
present the facts of the case.
Effective Direct Examination: (can be used in making JA)
1. Keep it simple. Avoid technical questions. It should be one
question at a time. Do not formulate a compound question.
2. Determine the key points and organize them in logical manner.
Present your question and answer in chronological order.
Introduce the witness and develop his background.
3. Use preliminary questions that are introductory.
4. Always use non-leading questions, except on preliminary matters.
5. Use exhibits to highlight your point.
6. Practice with your witness.