TRIAL TECHNIQUE

3 Year - 2nd Semester - College of Law

rd

Northeastern College
Santiago City

Monday, 5:30 p.m. - 7:30 p.m.

Blended Learning - ODL and F2F (Face to Face, at least once a month)

I. COURSE DESCRIPTION

A clinical offering which exposes the students to the practical aspects

of the law, with emphasis in the trial of cases. It covers a practical and
experiential instruction in the preparation of cases, with a particular focus on
criminal cases.

Students participate in mock trial work, including the preparation of

trial briefs and methods of presenting evidence. Analysis of relevant cases
highlighting the effective and efficient utilization of procedural rules in
enhancing successful litigation is expected and, where appropriate,
hypothetical cases are presented for solution by the students.

II. OBJECTIVE

At the end of the course, the students should be able to:

1. Know the importance of proper court decorum and demeanor.

2. Acquaint themselves as to the proper and appropriate

manifestations to be made before any court or tribunal in any given
situation.

3. Know how to conduct themselves during trial proper, in

relation to the Rule 138-A or the Law Student Practice Rule.

III. CREDIT

2 units - 2 hours/week

IV. REFERENCES

- Diokno on Trial - Techniques and Ideals of the Filipino Lawyer,

Jose W. Diokno
- Trial Technique and Practice Court (2000 Ed.) or recent, Vicente J.
Francisco,
- Rules of Court/Evidence
- Laws and Administrative Issuance
- Supreme Court Reports Annotated
V. COURSE OUTLINE

Topics and Time Allotment

Week 1

I. Preliminary

1. Introduction
2. Review of the Rules

Week 2

1. What is the task of the Filipino Lawyer?

- Recitation

II. Course Proper

Weeks 3 - 8

I. Preliminaries

1. Qualities of a good lawyer

2. Techniques (of a trial lawyer), in general
3. Specific tasks of a trial lawyer
a) To offer admissible evidence
b) To keep the opponent’s evidence out
c) To expose the weaknesses of the opponent’s case
d) To preserve the record
4. Qualities of a Persuasive Trial Lawyer
5. Skills of a Trial Lawyer
6. Planning the Trial in Advance

II. Trial

A. Generally

1. Trial, in general
2. The court
3. Place of Trial
4. The judge
5. Independence of the judiciary
6. The attorneys
7. The clerk of court
8. The court stenographer
9. The interpreter

B. Notice of Trial and Adjournments

1. Notice of Trial
- 1. PLDT vs. Genovea, G.R. No. L-60687, August 31, 1982.
- 2. Pebeauco vs. Director of Lands, G.R. No. L-29469, December
9, 1982.
- 3. Arcache vs. B.S. Chainani, G.R. No. L-8041, May 23, 1956.
2. Postponement of trial for absence of evidence
- 4. Dimayuga vs. Dimayuga, G.R. No. L-6740, April 29, 1955.
3. Postponement of trial for illness of a party or counsel
- 5. Natividad vs. Marquez, G.R. No. 13392, September 18, 1918.
* Drafting of a Motion for Postponement

C. Conduct of Trial

1. Publicity of Trial
2. Conduct of counsel during trial
3. Conduct of judge during trial
- 6. Continental Bank vs. Hon. Joel P. Tiangco, G.R. No. 50480,
December 14, 1979.
4. Inspection of premises, place and articles
5. Demonstrations, experiments, etc.

D. Conduct of Litigation

1. Presence of parties and attorneys in civil cases

2. Presence of accused and attorney in criminal cases
3. Private prosecutor
4. Authority of attorney to appear
5. Certain attorneys cannot conduct litigation
6. Change of attorneys
* Drafting of a Motion for Withdrawal of Attorney, with the consent of client
* Drafting of a Motion for Withdrawal of Attorney, without consent of client
7. Attorney’s lien

III. Burden of Proof in Criminal Cases

1. Statement of the rule

* Research a case reflecting the rule that: In a criminal case, the burden is
on the prosecution to prove, beyond reasonable doubt, the essential elements
of the offense with which the accused is charged; and if the proof fails to
establish any of the essential elements necessary to constitute a crime, the
defendant is entitled to an acquittal.
2. Burden of proof distinguished from presumption of innocence
3. Corpus delicti
4. Alibi
5. Insanity
- 7. People vs. Aldemita y Malihan, G.R. No. L-55033-34,
November 13, 1986.
6. Negative allegations
7. Facts peculiarly within the knowledge of the adverse party
8. Burden of proof as to specific matters in criminal cases
a) Self-defense and other exculpatory circumstances
- 8. Ortega vs. Sandiganbayan, G.R. No. 57664, February 8,
1989.
b) Motive
c) Truth and justifiable motive in libel cases
d) Bail
- 9. Estipona, Jr., vs. Lobrigo, G.R. No. 226679, August 15,
2017.
e) Place of commission of crime
f) Confession
- 10. People vs. Duero, G.R. No. L-52016, May 13, 1981.
g) Statutes of limitation
h) Authenticity of documents
i) Qualifying and aggravating circumstances
j) Jeopardy

IV. Order of Trial

1. Generally
2. Order of trial in civil cases
3. Order of trial in criminal cases
4. Discretion of court in enforcing rule regarding order of trial
5. Rebuttal
a) Nature
b) Scope
c) Amount of evidence necessary in rebuttal
d) Curative admissibility of rebuttal evidence
e) Rebuttal witnesses
f) Rebuttal evidence in criminal prosecutions
g) Rebutting irrelevant evidence
6. Sur-rebuttal
7. Additional evidence
a) Additional evidence after party offering the evidence has rested its case in
chief
b) Additional evidence after both parties have rested their case
8. Recalling of witnesses in general
9. Right to rebut additional evidence
10. Number of witnesses may be restricted

V. Introduction of Evidence in General

*** Other topics for discussion will be provided at a later date ***
ATTY. GLENN L. AQUINO
Instructor
Northeastern College
Santiago City