COURT

TESTIMONY
ATTY. JAY M. FERRARO
 PARTS OF A COURTROOM
 Courtroom - The enclosed space in which
a judge regularly holds court.
 Docket - the schedule of official court
proceedings is called a docket. It may also be
called calendar of cases.
 The judge sits behind a raised desk, known as
the bench.
 The courtroom is divided into two parts by a
barrier known as the bar. The bar may be an
actual railing, or an imaginary barrier.
(The bailiff stands or sits) against one wall and
keeps order in the courtroom, no bailiff in the
Philippines however, bailiff is an American term)
Gallery – is the portion where the
public sits and watch the court
proceedings.
Jury box – At the side or corner of
the judge is where the jury observes
the proceedings, this is known as
the jury box.
Judge’s Chamber – is the judge’s
private room located near his
courtroom. This is where he usually
takes brief rest and other court
activities.
 FORUM SHOPPING
The practice of filing
multiple suits on different
courts based on the same
cause of action. This is not
allowed and is a ground for
dismissal of the case filed
by the guilty party.
 LANGUAGE USED IN THE
COURTROOM
 Since the courts' creation, English had been used in
court proceedings. But for the first time in Philippine
judicial history, or on August 22, 2007, three Malolos
City regional trial courts in Bulacan will use Filipino, to
promote the national language.
Twelve stenographersfrom Branches 6, 80 and 81, as
model courts, had undergone training at Marcelo H.
del Pilar College of Law of Bulacan State
UniversityCollege of Law following a directive from the
Supreme Court of the Philippines. De la Rama said it
was the dream of Chief JusticeReynato Puno to
implement the program in other areas such
as Laguna, Cavite, Quezon, Nueva
Ecija, Batangas, Rizal and Metro Manila
(enwikipedia/supremecourt).
 GAVEL
 GAVEL, DEFINED- miniature mallet/hammer like
device usually made of wooden material used by
the judge in court proceedings.
 A gavel is a small ceremonial mallet commonly
made of hardwood, typically fashioned with a
handle and often struck against a sounding block
to enhance its sounding qualities. It is a symbol of
the authority and right to act officially in the
capacity of a chair or presiding officer. It is used to
call for attention or to punctuate rulings
and proclamations. It is customarily struck to
indicate the opening (call to order), keep the
meeting itself calm and orderly, and the closing
(adjournment) of proceedings, giving rise to the
phrase gavel-to-gave lto describe the entirety of a
meeting or session.
 USES OF GAVEL
 To save time, gavels are used
exclusively to cut off prosecutors,
defense attorneys, or witnesses.
 Gavels are also used to restore order,
and the striking of a gavel also can
signify the end of an issue.
 Thegavel is used to signal the start
and end of court sessions.
 THE JUDGE’S ANVIL

What is the piece of wood a

judge strikes his gavel against
called?
- The piece of wood they hit with
the gavel is called the "sound
block" or the "sound board”.
 JUDGES MUST WEAR BLACK
ROBES
 Pursuant to Sections 5 and 6, Article [VIII]
of the Constitution and in order to
heighten public consciousness on the
solemnity of judicial proceedings, it is
hereby directed that beginning Tuesday,
August 1, 1989, all Presiding Judges of all
Trial Courts shall wear black robes during
sessions of their respective Courts.
Judges clothed in robes, not only, that
they who witness the administration of
justice should be properly advised that the
function performed is one different from,
and higher, than that which a man
discharges as a citizen in the ordinary
walks of life; but also, in order to impress
the judge himself with the constant
consciousness that he is a high priest in the
temple of justice and is surrounded with
obligations of a sacred character that he
cannot escape and that require his utmost
care, attention and self-suppression.
Consequently, a judge must take
care not only to remain true to the
high ideals of competence and
integrity his robe represents, but
also that he wears one in the first
place. (SEE TIONGCO vs. SAVILLO
March 31, 2006)
A.C. No. 25 dated June 9, 1989.
 ATTIRES FOR LAWYERS
Long sleeve Barong or
Coat and Tie with Blazer
for men and slacks.
Corporate decent attire
for women/Filipiniana
 ATTIRES FOR WITNESSES

 Decent dress no shorts pants,

spaghetti straps, mini skirts.
 Forprofessional witnesses such as
those in the government service
their uniforms are desired such as
a policeman as a witness must
come in court in full uniform.
THE JUSTICE ON WHEELS PROGRAM

Alsoknown as mobile courts.

Chief Justice Hilario Davide
was the innovator.
Patterned from Guatemala
 MANDATED COURT SESSIONS
 Mondays to Fridays
 The session hours of all Regional Trial Courts,
Metropolitan Trial Courts, Municipal Trial Courts in Cities,
Municipal Trial Courts and Municipal Circuit Trial Courts
shall be from 8:30 A.M. to noon and from 2:00 P.M. to
4:30 P.M. from Monday to Friday.
 The hours in the morning shall be devoted to the
conduct of trial, while the hours in the afternoon shall
be utilized for (1) the conduct of pre-trial conferences;
(2) writing of decisions, resolutions, or orders; or (3) the
continuation of trial on the merits, whenever rendered
necessary, as may be required by the Rules of Court,
statutes, or circular in specified cases.
 Administrative Circuar 3-99, dated January 15, 1999.
FRIDAYS ARE MOTION DAYS

 Fridays are motion days in courts (which

is somewhat not uniform practice and
not followed?

THE COURT CALENDAR

 Lists of cases that are scheduled to be

heard on a particular day usually placed
or posted outside the courtroom.
COURT PERSONNEL AND STAFF
 PRESIDING JUDGE
 CLERK OF COURT
 OFFICER IN CHARGE
 STENOGRAPHER
 LEGAL RESEARCHER
 INTERPRETER
 SHERIFF
 PROCESS SERVER
 CALL TO ORDER
 This takes place when the judge enters the
courtroom and the clerk announces his
presence by stating the name of the judge.
The call to order requires
 Everyone must rise
 Everyone must remain silent
 Everyone must stand in attention and refrain
from doing anything as a show of respect to
the man in robe.
 Cellphones and other noise emitting judges
must be turned off or placed on silent modes.
 CONTEMPT OF COURT
 CONTEMPT OF COURT – Is disobedience to
the court by acting in opposition to its
authority, justice and dignity. It may be:
 Direct Contempt (in facie curiae) – One
committed in the presence of or so near a
court or judge as to obstruct or interrupt
proceedings before it.
 Indirect Contempt – Contempt
committed out of the court or not in the
presence of the court.
 De Lima vs. Gallardo, 77 SCRA 290
ECUMENICAL PRAYERS FOR THE
COURTS
Almighty God, we stand in Your Holy Presence as our Supreme
Judge. We humbly beseech You to bless and inspire us so that
what we think, say and do will be in accordance with Your will.

Enlighten our minds, strengthen our spirit and fill our hearts with
fraternal love, wisdom and understanding, so that we can
become effective channels of truth, justice and peace.

In our proceedings today, guide us in the path of righteousness

for the fulfilment of Your greater glory.

Amen.
 ROLL CALL OF CASES
It happens when the clerk
announces the lists of cases
to be heard followed by the
declarations of the lawyers
for the litigants of their
presence and preparations
for trial.
 ARRAIGNMENT
 Arraignment may also be defined as
the reading of the criminal
complaint or information to the
defendant by the judge or clerk,
and the delivering to him of the
copy thereof, including a list of
witnesses and asking him whether he
pleads guilty or not guilty.
SUBPOENA – a process directed to a
person requiring him to attend and to
testify in court.
 Subpoena ad testificandum –
compelling the attendance of a
person to testify
 Subpoena duces tecum – a witness
is ordered to produce document in
court.
COUNSEL DE OFFICIO – a lawyer
appointed by the court to defend the
case of a destitute or indigent
litigant/accused before it.
COUNSEL DE PARTE – If a party/accused
can afford to pay a private lawyer, he is
employing a counsel de parte.
BENCH WARRANT – a warrant of arrest
orally issued by the judge during court
sessions normally if the accused did not
appear during court hearings especially
during the arraignment.
JUMP BAIL – A term used if the accused does not
appear in court anymore after his bail has been
granted by the court.
CASE ARCHIVED – This takes place if the accused
never appeared in the court even during the
arraignment. Case will be reacticated once he is
arrested.
TRIAL IN ABSENTIA – This takes place when the
accused appeared during the arraignment, but
does not appear anymore in subsequent
proceeding stages, in which case trial will still
proceed as long as:
he has been notified of the trail dates
his failure to appear was unjustifiable
he had been arraigned
THE COURT ANNEXED MEDIATIONS
(CAM)
 What is mediation? Mediation is a process of
settling disputes with the assistance of an
acceptable, impartial and neutral third party
called a mediator. The mediator helps parties
identify issues and develop proposals to resolve
their disputes. Once the parties have arrived at a
mutually acceptable arrangement, the
agreement becomes the basis for the court’s
decision on the case.
This form of mediation is also known as court-
annexed mediation since the case has already
been filed in court.
 Pmc.judiciary.com.ph
 CASES COVERED BY
MEDIATION
 All civil cases, settlement of estates and cases covered
by the Rule on Summary Procedure. Typical cases
would be collection of debts, ejectment of tenants in
apartment dwellings, and inheritance disputes among
family members.
 Cases cognizable by the Lupong Tagapamayapa
under the Katarungang Pambarangay Law such as
disputes between neighbors of the same barangay
over property.
 The civil aspect of Batas Pambansa 22, which covers
the debts paid through bouncing checks.
 The civil aspect of quasi-offenses under negligence like
motor vehicle accidents that has damaged the vehicle
or injured passengers or pedestrians.
 What is Judicial Dispute Resolution? Judicial
Dispute Resolution (JDR) is another innovation
in the Philippine court system. When court-
annexed mediation fails, the case is brought
to the judge who then acts as a conciliator, a
neutral evaluator and a mediator. The judge
will try to mediate the case. If the judge’s
intervention as a mediator succeeds, the case
is concluded with a judgment based on a
compromise. If the dispute is still unresolved,
then the case is referred to another judge for
trial. Both parties must now be prepared for
litigation.
 PRE -TRIAL DEFINED – a CONFERENCE
BETWEEN THE COURT AND THE COUNSEL TO
CONSIDER THE SIMPLIFICATION OF ISSUES,
THE NECESSITY OR DESIRABILITY OF
AMNEDMENT TO THE PLEADINGS, THE
POSSIBILITY of obtaining admissions to
avoid unnecessary proofs, the number of
witnesses and such other matters that will
aid in the disposition of the action.
In all criminal cases cognizable by the
Sandiganbayan, Regional Trial Court,
Metropolitan Trial Court, Municipal Trial
Court in Cities, Municipal Trial Court and
Municipal Circuit Trial Court, the court shall,
after arraignment and within thirty (30) days
from the date the court acquires jurisdiction
over the person of the accused, order a
pre-trial conference

Herbulario vs. Santos, 64 OG 5485, cited in

Federico B. Moreno, Philippine Law
Dictionary, 3rd edition page 721.
Rule 118. section 1.
MATTERS TAKEN UP AT PRE TRIAL
 (a )plea bargaining;
 (b) stipulation of facts;
 (c) marking for identification of evidence of the
parties;
 (d) waiver of objections to admissibility of
evidence;
 (e) modification of the order of trial if the
accused admits the charge but interposes a
lawful defense; and
 (f) such matters as will promote a fair and
expeditious trial of the criminal and civil aspects
The prosecution marks its
documentary evidence by
affixing LETTERS to them.
The defense marks its
documentary evidence by
affixing NUMBERS to them.
 TRIAL
 TRIAL DEFINED- THE EXAMINATION OF THE
COURT OF THE FACTS IN ISSUE
 ENTRY OF APPEARANCES – The lawyers both for
the prosecution and the defense introduce
themselves and signify their readiness.
 PRO SE PRACTICE – the term used in case the
accused does not wish to avail himself of a
lawyer whether de officio or de parte, and
relies on himself to defend himself in court. This
practice may or may not be allowed by the
court. If allowed the party takes his own risk
and is generally considered inadvisable.
 Presentation of Evidence
EXAMINATION OF WITNESSES
 WITNESS STAND/CHAIR – The place in the courtroom
where the witness shall sit down and testify.

 SWEARING IN OF A WITNESS – Stage before the

witness testifies and before he takes the witness chair,
whereby he swears to tell the truth, the whole truth
and nothing but the truth, and in most cases calling
the invocation to God that he could be impliedly.

 punished if he were not to tell the truth. Under the

laws of men he could be held liable for perjury or
false testimony as the case may be if proven to be
lying.
 SIR/MAAM – Is how the witness should
address prosecutors and lawyers during
his testimony.

 YOUR HONOR – is how everyone should

address the judge inside the courtroom

 2ndCall (or third call and so on) – is how

lawyers and litigants should reply when
their cases are called upon, but they are
not yet ready and buys some few more
time from the judge.
Permission to leave your honor – is
the standard statement when one
tries to be excused from the
courtroom and hearinf is on going.

Hearing adjourned – is what the

judge says when the entire cas has
been finished for the day followed
by the ceremonial banging of the
gavel
 Section 1. Examination to be done in open court.
— The examination of witnesses presented in a
trial or hearing shall be done in open court, and
under oath or affirmation. Unless the witness is
incapacitated to speak, or the questions calls for
a different mode of answer, the answers of the
witness shall be given orally.

 OFFER OF TESIMONY – before the actual

questioning or direct examination of the witness,
the counsel must state/recite in open court the
substance of the testimony of the witness and the
things they intend to prove. This is known as the
offer of testimony.
 GROUNDS FOR OBJECTION

QUESTIONS ARE EITHER

➢ Indefinite or uncertain
➢ Irrelevant
➢ Argumentative
➢ Calls for conclusion of law
➢ Calls for illegal answer
➢ Calls for opinion or hearsay
➢Calls for incriminating answer
➢Leading
➢Misleading
➢Degrading
➢Repetitious
➢Violative of the parole or best
evidence rule
➢Violative of the rule on privilege
communications
 OVERRULED AND SUSTAINED
OBJECTIONS

 If objection is sustained – the

witness cannot answer the question
(but the judge may either say
reform the question or go to
another point to the lawyer)
 If the objection is overruled – the
witness may answer the question.
ORDER IN THE EXAMINATIONS
OF WITNESS
 Order in the examination of an individual witness.
— The order in which the individual witness may be
examined is as follows:

(a) Direct examination by the proponent;

(b) Cross-examination by the opponent;
(c) Re-direct examination by the proponent;
(d) Re-cross-examination by the opponent
 WITH THE KIND PERMISSION OF THE
HONORABLE COURT – The standard
utterance of the lawyers before actually
proceeding to their direct, cross, re direct
and re cross examination.

 THAT IS ALL OR THAT WOULD BE ALL – The

standard utterance of the examining lawyers
once he is finished questioning the witness.

 (ANY CROSS EXAM?) or (CROSS?) – standard

utterance of the judge in asking whether the
defense lawyer intends to conduct cross
examinations.
NO CROSS EXAMINATION, YOUR HONOR
– the standard answer of a lawyer if he
does not intend to make any cross
examination.

POINTING TO THE ACCUSED OR TAPPING

HIS SHOULDER – The usual way of
identifying the accused inside the
courtroom made by the witness or the
complainant upon being asked to do so
either by the prosecuting lawyer or by
the judge.
 LEADING QUESTIONS
LEADING QUESTIONS, DEFINED - A question
which suggests to the witness the answer
which the examining party desires is a
leading question. It is not allowed, except:
(a) On cross examination;
(b) On preliminary matters;
(c) When there is a difficulty is getting direct
and intelligible answers from a witness who
is ignorant, or a child of tender years, or is of
feeble mind, or a deaf-mute;
(d) Of an unwilling or hostile
witness; or
(e) Of a witness who is an
adverse party or an officer,
director, or managing agent
of a public or private
corporation or of a partnership
or association which is an
adverse party
MISLEADING QUESTIONS
MISLEADING QUESTION,
DEFINED - A misleading
question is one which assumes
as true a fact not yet testified to
by the witness, or contrary to
that which he has previously
stated. It is not allowed
 EXCLUSION AND SEPARATION
OF WITNESSES
 On any trial or hearing, the judge may exclude
from the court any witness not at the time under
examination, so that he may not hear the
testimony of other witnesses.

 The judge may also cause witnesses to be kept

separate and to be prevented from conversing
with one another until all shall have been
examined

 Rule 132, Section 15.

 DOCUMENTARY EVIDENCE
MUST BE IN ENGLISH/FILIPINO
 Documentary evidence in an unofficial
language. — Documents written in an
unofficial language shall not be
admitted as evidence, unless
accompanied with a translation into
English or Filipino. To avoid interruption of
proceedings, parties or their attorneys
are directed to have such translation
prepared before trial
 Rule 132. Sec. 33
 OFFER OF EVIDENCE
 Offer of evidence. — The court shall consider no
evidence which has not been formally offered. The
purpose for which the evidence is offered must be
specified
 TIME OF MAKING OFFER
 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 (Rule 132 Sec. 35)
 Rule 132. Sec. 34
 Rule 132. Sec. 35
 WHEN TO MAKE OBJECTION/TIMELINESS
 Objection. — Objection to evidence offered orally
must be made immediately after the offer is
made.
 Objection to a question propounded in the
course of the oral examination of a witness shall be
made as soon as the grounds therefor shall
become reasonably apparent.
 An offer of evidence in writing shall be objected to
within three (3) days after notice of the unless a
different period is allowed by the court.
 In any case, the grounds for the objections must
be specified. (Rule 132 Sec. 36).
 Rule 132. Sec. 36.
 STRIKING OUT ANSWER
 Striking out answer. — Should a witness answer
the question before the adverse party had
the opportunity to voice fully its objection to
the same, and such objection is found to be
meritorious, the court shall sustain the
objection and order the answer given to be
stricken off the record.
 On proper motion, the court may also order
the striking out of answers which are
incompetent, irrelevant, or otherwise improper
.
 Rule 132. Sec. 39.
TENDER OF EXCLUDED
EVIDENCE
 Tender of excluded evidence. — If
documents or things offered in evidence are
excluded by the court, the offeror may have
the same attached to or made part of the
record. If the evidence excluded is oral, the
offer or may state for the record the name
and other personal circumstances of the
witness and the substance of the proposed
testimony
 Rule 132, Sec. 40.
OFF THE RECORD STATEMENTS

 Judge may order certain part of the court

proceedings to be unrecorded by putting of
the tape recorder and the stenographer
does not write the proceedings for a
moment. This is allowed and tolerated.
IN CHAMBER CONFERENCE

 Judge may request or order the parties and

lawyers to proceed to his chamber to talk
about a certain matter.
 JUDGMENT
 Judgment is the adjudication by the court
that the accused is guilty or not guilty of the
offense charged and the imposition on him
of the proper penalty and civil liability, if
any. It must be written in the official
language, personally and directly prepared
by the judge and signed by him and shall
contain clearly and distinctly a statement of
the facts and the law upon which it is
based.

 Rule 120. Sec. 1

 SIN PERJUICIO JUDGMENT – a judgment
without stating any of the facts in support of
the court’s decision. It does not contain a
statement of the facts which are essential to a
clear understanding of the issues presented
by the respective parties as to the facts
involved.
 FALLO – The dispositive part of the order which
is the real judgment in a case of litigation.
 OBITER DICTUM – a judge’s personal opinion
(or remark) expressed by the court in its
decision which is not necessary to the
decision of the case before it.
STARE DECISIS – The doctrine that, when the court has
once laid a principle of law as applicable to a certain
state of facts it will adhere to that principle and apply it
to all future case where the facts are substantially the
same.
APPELLANT – the designation of the losing party if he will
appeal his lost case in a higher court.
APPELLEE – the designation of the party against whom
the appeal is taken. He is the opponent of the
appellant
See Director of Lands vs. Sanz 45 PHIL 119.
Archibishop of Manila vs. Director of Lands, 35 PHIL 350.
Government vs Jalandodi, 44 OG 1840, cited in
Federico B. Moreno, Philippine Legal Dictionary, 3rd
edition page 902
 EN BANC, MEANING
 Refers to court sessions with the entire
membership of a court participating rather
than the usual quorum
 PONENTE
 Writer or author of the decision of the court
 PER CURIAM DECISION
 The writer or author of the decision is
anonymous or not known.
 COLLEGIATE COURTS
 Supreme Court
 Court of Appeals
 Sandiganbayan
 Court of Tax Appeals
 JUDGES AND JUSTICES HAVE SECURITY OF TENURE
 Shall hold office during good behavior
 Until they reach the age of 70.
 Or unless sooner removed for cause.
 JUDICIAL POWER, DEFINED
 The judicial power shall be vested in one Supreme
Court and in such lower courts as may be established
by law.
 Judicial power includes the duty of the courts of justice
to settle actual controversies involving rights which are
legally demandable and enforceable, and to
determine whether or not there has been a grave
abuse of discretion amounting to lack or excess of
jurisdiction on the part of any branch or instrumentality
of the Government.
 THE OFFICE OF THE SOLICITOR GENERAL (PD 478)

 The Office of the Solicitor General shall represent the Government of the
Philippines, its agencies and instrumentalities and its officials and agents in any
litigation, proceeding, investigation or matter requiring the services of a lawyer.
 PROTOCOL PLATES
 PRESIDENT
 VICE PRESIDENT
 SENATE PRESIDENT
 SPEAKER OF THE HOUSE
 CHIEF JUSTICE OF THE SUPREME COURT
 CABINET SECRETARY
 SENATOR
 CONGRESSMAN
 ASSOCIATE JUSTICE SUPREME COURT
 COURT OF APPEALS JUSTICE/SOLGEN
 COMELEC CHAIRMAN
 CABINET UNDERSECRETARY
 AFP AND PNP CHIEF
 RA 9406
 AN ACT REORGANIZING AND
STRENGTHENING THE PUBLIC ATTORNEY'S
OFFICE (PAO)
 The Citizen's Legal Assistance Office
(CLAO) is renamed Public Attorney's Office
(PAO). It shall exercise the powers and
functions as are now provided by law for
the Citizen's Legal Assistance Office or
may hereafter be provided by law.
 "The PA0 shall be the principal law office of the
government in extending free legal assistance
to indigent persons in criminal, civil, labor,
administrative and other quasi-judicial cases."
 Franking Privilege. - The PAO may transmit
through ordinary mail and/or registered mail
with return card, free of charge, all official
communications and papers directly
connected with the conduct of its duties,
function and/or its exercise of administrative
supervision over its personnel.
 MERITT TEST- if assistance of the PAO will be in aid
or in furtherance of justice
A case is unmeritorious if it has no
chances of success, or intended merely
to harass or injure the opposite party or
work oppression or wrong. PAO must
decline
 Those residing in Metro Manila whose
family income does not exceed 14k.
 Those residing in other cities whose
family income does not exceed 13k
 Those residing in other places whose
family income does not exceed 12k a
month.
INDIGENT LABORERS IN MERITORIUS
LABOR CASES.
Indigent alines
Baranggay health workers
Members of the national press club
PNP MEMBERS from POI TO PO3
Members of press photographers of the
Philippines.
Immediate family members and
relatives up to 4th degree of
consanguinity or affinity of public
attorney.
PAO personnel in criminal cases.
 REPUBLIC ACT No. 6033
 AN ACT REQUIRING COURTS TO GIVE PREFERENCE TO CRIMINAL
CASES WHERE THE PARTY OR PARTIES INVOLVE ARE INDIGENTS.
 The term "indigent" shall refer to a person who has no visible means
of income or whose income is insufficient for the subsistence of his
family, to be determined by the fiscal or judge, taking into account
the members of his family dependent upon him for subsistence.
 REPUBLIC ACT No. 6034
 AN ACT PROVIDING TRANSPORTATION AND OTHER ALLOWANCES FOR
INDIGENT LITIGANTS.
 REPUBLIC ACT No. 6035
 AN ACT REQUIRING STENOGRAPHERS TO GIVE FREE TRANSCRIPT OF
NOTES TO INDIGENT AND LOW INCOME LITIGANTS AND PROVIDING A
PENALTY FOR THE VIOLATION THEREOF.
 THE LAPID LAW
 REPUBLIC ACT NO. 9999
 AN ACT PROVIDING A MECHANISM FOR FREE
LEGAL ASSISTANCE AND FOR OTHER PURPOSES
 This Act shall be known as the "Free Legal
Assistance Act of 2010".
 Republic Act No. 7309 March 30, 1992
 AN ACT CREATING A BOARD OF CLAIMS UNDER
THE DEPARTMENT OF JUSTICE FOR VICTIMS OF
UNJUST IMPRISONMENT OR DETENTION AND
VICTIMS OF VIOLENT CRIMES AND FOR OTHER
PURPOSES
Award Ceiling. – For victims of unjust imprisonment or
detention, the compensation shall be based on the
number of months of imprisonment or detention and
every fraction thereof shall be considered one month;
Provided, however, That in no case shall such
compensation exceed One Thousand pesos
(P1,000.00) per month.
In all other cases, the maximum amount for which the
Board may approve a claim shall not exceed Ten
thousand pesos (P10,000.00) or the amount necessary
to reimburse the claimant the expenses incurred for
hospitalization, medical treatment, loss of wage, loss
of support or other expenses directly related to injury,
whichever is lower. This is without prejudice to the
right of the claimant to seek other remedies under
existing laws.
MCLE

 MANDATORY CONTINUING LEGAL EDUCATION

(BAR MATTER NO. 850)

 Continuing legal education is required of

members of the Integrated Bar of the
Philippines (IBP) to ensure that throughout their
career:
 they keep abreast with law and jurisprudence,
 maintain the ethics of the profession and
 enhance the standards of the practice of law.
LEGAL ETHICS

 That branch of moral science which

treats of the duties which an attorney
owes to the court, to his client, to his
collegues in the profession and to the
public.
 Legal ethics is designed to guard against
abuses in the profession such as
dishonesty, deceit, immorality,
negligence, sloth and many forms of
malpractice
 BAR AND BENCH

 Refers to the whole body of counselors;

they are the members of the legal
profession; figuratively called the bar to
distinguish from the bench which denote
the whole body of judges.
 Lawyer – a person authorized to practice
law. A general term for a person trained in
the law.
Trial lawyer – a person who personally
handles cases in court, administrative
agencies. Engaging in actual trial works.
Practicing lawyer – one engaged in the
practice of law.
Counsel de offico – a counsel, appointed or
assigned by the court from such members of
the bar in good standing who by reason of
their experience and ability, may adequately
defend the accused.
He is a lawyer or attorney appointed by the
court to represent a party, usually an indigent
defendant in a criminal case
 PRACTICE OF LAW
 Means any activity in or out of court
which requires the application of
law, legal procedure, knowledge,
training and experience.
 AMICUS CURIAE
 Amicus Curiae – literally, “friend of
the court”. Are experienced and
impartial attorneys that may be
invited by the court to appear as
amicus curiae
Champertous contract – A contract whereby
the lawyer agrees to pay the expenses of
litigation in return for the agreement of the
client to pay the lawyer a portion of the thing
or property that might be won or recovered in
the trial or litigation. This is unethical for the
lawyer and hence illegal.
Ambulance Chasing – the prohibited practice
of a lawyer in constantly and unethically
offering his legal services to clients. This is
unethical and is not allowed.
END OF REVIEW
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