RTC Branch 68
Inquire from the accused if he is
Presiding Judge - Hon. Juvencio Gascon
Pairing Judge – Hon. Caron Aicitel E.
Lascano-Nethercott
Public Prosecutors:
SACP Manuelito Damasing
ACP Charmie Clare Guzman
SACP Esperanza Arceo-Paras
BCC – Atty. Charmaine Alovera
Court Interpreter – Iris Robertine Jocson
Stenographers – Dorothy Obias and Joanne
Grace Dig
Clerks – Adrianne Philip Mariano
Hearing Schedule:
Monday (8:30am)
Tuesday (1:30pm)
Thursday (civil)
Tips/Things to Remember
I. ARRAIGNMENT
1. All cases for arraignment, PAO is
appointed as counsel de officio, except
when a private counsel has formally
entered his appearance.
2. Always check the calendar and
scanned records before the hearing
3. Check the records for possible conflict
of interest.
4. Before start of the hearing, make sure
that the name of the accused is spelled
correctly. If there are errors, ask for a
government issued ID. If the accused
has no ID, still inform the staff and
Fiscal. If may ID, the name will be
corrected. If no ID, the name will be
included as an alias only.
5. Inform the accused of the charges
against him in a language that he will
understand. Ask what can he say about
it if he is guilty or not. Usually, the
accused (mostly detainees) will ask
what will be the penalty. Inform them
that you will inquire from the Court.
During hearing and before the
arraignment you can manifest: "Off
the record, Your Honor may we know
what would be the imposable penalty
in case the accused will plead
guilty?" Kapag nabigay na ni Judge,
ask for time to confer with the
accused.
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6.
willing to settle the case and the
settlement usually involves the
payment of money. If willing, inform
the prosecutor so that she can inquire
from her client if the complainant is
also willing.
7. If both parties are willing but cannot
finalize the terms of settlement, you
can move for the resetting of the pre-
con/pre-trial. If may payment of
money, accused can probably give an
estimate kung magkano yung kaya
niyang ibigay. “Your Honor, may we
be given the time regarding the
change of his plea/plea bargaining?”
8. In case, there is a need to draft a
compromise agreement, pwedeng
ikaw na gumawa noon lalo na kung
kayong dalawa lang ni fiscal ang
magkalaban. Pag may private, hayaan
mo yung private gumawa.
(a) Move that the the compromise
agreement be approved and for the
dismissal of the case.
(b) Manifest that the terms are
explained and the accused is
amenable.
9. If the accused will plead guilty,
explain the consequences to him and
after pleading guilty, put on record
that you have explained to the accused
the consequences and that he stood by
his plea of guilt. “Your Honor, I
would like to put on record that the
consequences of the plea of guilty of
the accused has been explained to
him.”
II. PRELIMINARY CONFERENCE/PRE-
TRIAL
“admitted”
“We deny the offer with respect to …”
10. Stipulations - Marking of Exhibits –
Witnesses
11. Take note of the stipulations by the
prosecutor. When in doubt, deny the
stipulation. Fiscal normally offers for
stipulation the territorial jurisdiction
and the identity of the accused as the
same person charged in the
Information.
 12. Stipulation regarding testimony of the
witnesses – optional. No need to
stipulate if not sure.
COUNTER-STIPULATION: “With
counter-stipulation that said witness
has no personal knowledge; he is not
present at the incident; and not
present during the arrest of the
accused.” “With respect to the
marking, the documents are mere
photocopies.”
13. On the part of the defense, we do not
offer any proposal for stipulation.
Except when there is an attached
counter-affidavit on record, stipulate
its due existence.
14. MARKINGS Check if original or
photocopy. Usually if the evidence is a
motor vehicle and there is an attached
photograph, Fiscal will ask for a
stipulation that the actual motor
vehicle is the same as the one depicted
in the photograph - you can admit the
stipulation but not all the time. (if
Reckless Imprudence: do not admit
that the photo and actual vehicle are
the same)
15. If there is a photograph of an object
evidence like a bladed weapon,
compare it with the actual object. If
malabo ang picture, do not stipulate.
16. FOR THE DEFENSE, we normally do
not have any exhibits to be marked. At
most, you will mark the counter-
affidavit and its attachments. So the
marking for defense will be numbers.
Optional yung submarking lalo na
kung under the same document naman
like 2nd page, so on.
17. Regardless if you have exhibits or not,
make a general reservation for the
submission and marking of docs
during the course of trial.
18. WITNESSES - accused
himself/herself. Also reserve at least
two to three witnesses.
19. GENERAL RESERVATION is
allowed ???
20. Usually, it is at the stage that the
settlement will push through. So if
matuloy yung settlement and there is a
compromise agreement, ask the
complainant and accused to sign and
give them their receiving copy.
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21. Usually if the agreement is to pay the
complainant in installments, the
dismissal will be provisional. If the
accused will pay in full, confirm with
fiscal if permanent na ang dismissal.
22. In both cases, the complainant will
execute an affidavit of desistance. If
provisional, required si accused to be
present in court so that he can sign the
desistance as well. If permanent, he
can Vidcon only.
23. Make the necessary manifestation
kapag nagstart na ang hearing.
24. Take note, if the crime is not
mediatable, the agreement between the
parties is off the record.
25. Dismissed - release cashbond (to the
bondsperson or to the complainant if
the cashbond is part of the settlement).
III. TRIAL
26. Direct - Cross - Redirect – Recross
27. Always inform the client to wait for
the translation of the question before
he/she answers.
28. There are cases wherein the settlement
will still push through during trial
stage. So pag ganon, refer to the
previous instructions on settlement
(nos. 22-25)
29. Two (2) absence rule – provisional
dismissal/warrant of arrest
30. If there is a judicial affidavit on
record, and the counsel wants to
propound additional questions,
OBJECT KA.
31. Despite continuous trial rule, judge
will not require the presentation of all
witnesses available during the hearing.
You can ask for another setting for the
presentation of witnesses.
32. Formal Offer of Evidence (FOE) by
Prosec - double check if may
photocopy, if meron – OBJECT. Make
the usual objections: (1) self serving
(sworn statement), (2) lack of proper
authentication and identification
(photocopy). Usually, written ang
FOE ni fiscal unless konti exhibits.
33. DEMURRER - file a demurrer only if
sure na sure kang madidismiss. Don't
forget to ask for leave of court. So
after marule ni judge yung FOE
especially if orally made yung FOE,
 manifest ka na agad ng "Your Honor
we intend to file a Motion to Dismiss
by way of Demurrer to Evidence.
May we ask for leave of court to file
the same?" If denied ang leave of
court, wag na i-push ang demurrer.
34. DEFENSE - counter-affidavit or JA. If
may counter and no other questions or
things to clarify, no need to execute
JA. Pag counter lang, have the accused
identify it. If during hearing marealize
mo na may questions ka pa, after
identification ng counter, request from
the court n magpropound ka ng
additional questions.
35. Not in the case of JA - dapat nandun
na lahat. You can include
manifestations in the JA that the
accused identified a document which
is already attached on record and
previously marked para manifest mo
na lang sa court yun. If it is a
document not previously marked, have
the identify it in open court.
36. Before proceeding with the
presentation of your witness, do not
forget to make an offer of testimony.
37. Usual offer: "You Honor we are
formally offering the testimony of the
witness (state name of the witness) to
belie and refute the allegations
contained in the Criminal
Information, to identify documents
relative to this and to prove other
matters relevant to the case. May I
proceed, your Honor"?
38. Naging practice ko na kapag may JA,
the offer is already included sa JA. If
that is the case, instead of orally
stating the offer, manifest na lang na:
"Your Honor, the offer of testimony
is already incorporated in the
Judicial Affidavit and we are likewise
adopting the same."
39. In cases where there are many
accused, court will require the counsel
to present at least 2 witnesses per
hearing. Same goes with the
prosecution.
40. FOE of Defense - oral yan unless
madami. So if oral, start your
manifestation with “Your Honor the
defense is offering the following
exhibits...”
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IV. PROMULGATION
41. Again, remind the accused to be
present in court during promulgation.
If absent tapos super justifiable ang
reason, move for the resetting of the
promulgation.
42. Reading of the dispositive portion of
the Decision only.
a. If Convicted and Bonded,
manifest: "Your Honor, may
we be given 15 days to file the
necessary pleading? Also,
Your Honor, pending the
filing of the necessary
pleading, may the accused be
released under the same
bond?"
b. If Acquitted - move for the
release of the cashbond in
favor of the bondsperson. If
there are other documents
belonging to accused and the
original is attached on record,
you can likewise move for its
release.
c. If Convicted + not a detainee
+ not bonded - same with
letter (a) but change the latter
part to motion to allow the
accused to post a reduced hail.
There are some cases na hindi
na nirerequire ni judge na
magbail especially if
magprobation naman si
accused.
d. If Convicted (detainee) -
"Your Honor, may we be
given time to file the
necessary pleading?”
*Always ask for release of
cashbond UNLESS applied
for probation or appeal
*Cashbond forfeited –
ongoing case,
magkakawarrant pag hindi
dumating BUT pwede ipalift
ang warrant and ipareinstate
and bail if there is meritorious
ground for absence at the
hearing
43. Explain to the accused his possible
remedies: APPEAL or PROBATION.
 Explain the effects of appealing and
the possible consequences either
remedy.
V. OTHER MATTERS
44. Before the scheduled hearing and even
before your appointment as counsel de
officio, the accused will try to contact
you or meet you at the office and
present to you an order requiring them
to submit counter- affidavit. No need
to submit. Just inform them to be
present on the scheduled hearing.
45. For clients (accused) that will post
bail: Before making the application for
bail or application for bail with
Motion for Reduction, let the relative
of the accused complete the
requirements first.
46. If the reduction of bail will be based
on SC Circular 38-2020, inform the
relative that in order to avail of the
same, accused needs t be arraigned
first. So during hearing, after the
arraignment, you can immediately
request for the court to allow the
accused to post bail in a reduced
amount based on SC Circular 38-2020.
47. Para i-grant agad, submit to the Court
a soft copy of the accused' Affidavit of
Indigency with attached Certificate of
Indigency.
48. For Nos. 46-47, yan e kung si relative
ay magpunta before the arraignment
ng accused. If after, you need to file an
Application for Bail with Motion for
Reduction thereof tapos isa sa
attachment dun yung Affidavit and
Certificate of Indigency. The Affidavit
should be signed by the accused
himself.
49. For Motion to Release Motor Vehicle,
normally it is the employer of the
accused who will request for a motion.
Subject to requirements sila. If they
ask for such motion despite the
pendency of the case, inform them
immediately that the prosecutor will
not allow the release considering that
the same is usually filed before the
OCP.
50. If bonded ang clients, ask for their
number even before the hearing
begins.
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51. If the accused will plead guilty, never
forget to put on record that you have
explained the consequences to the
accused. “Your Honor, I would like
to put on record that the
consequences of the plea of guilty of
the accused has been explained to
him.”
52. Check if the accused has other
pending cases before the RTC
53. For cases involving Violation of City
Ordinances, advice the accused to just
pay the administrative penalty or
render community service. If on the
scheduled hearing, dun pa lang
babayaran, you can ask for the
deferment of the arraignment. Pag
nabayaran na, magfifile na lang si
complainant ng motion to withdraw
the case tapos hindi na iseset ulit yung
case for hearing. Motu proprio yung
dismissal na.
54. For Violation of PD 1602 cases
(Illegal Gambling), inform the accused
to settle the ordinance violation
receipts that was issued to them to
prevent the filing of another case
against them. Further, if the accused
for PD 1602 will plead guilty, penalty
will be a fine of Php 1000.00
- if accused is bonded- need to pay. If
the accused is a detainee, his
preventive imprisonment will be
credited. No need to pay fine anvmore.
5
 Section 21 of RA 9165 (Chain of Custody) and IRR
IMMEDIATELY AFTER SEIZURE AND
CONFISCATION
The apprehending team shall mark, physically
inventory and photograph the same IN THE
PRESENCE of:
1. The accused or the person/s from whom
such items were confiscated and/or
seized, or his/her representative or
counsel;
2. With Elected public official (regardless
of where elected); AND
3. A representative from the media OR the
DOJ/NPS
who shall be required to SIGN copies of the
inventory
in case of refusal – it shall be stated “refused to
sign” above their names
WHERE: whichever is PRACTICABLE
1. at the place where the drugs were seized
or
2. at the nearest police station or
3. at the nearest office of the apprehending
officer/team.
Seized items shall be sealed in a container or
evidence bag and signed by the
apprehending/seizing officer (marking) for
submission to the forensic lab or exam.
Noncompliance / LAPSES shall not render
void/invalid, provided:
1. justifiable grounds*; and
2. integrity and evidentiary value of the
seized items are properly preserved.
*shall be clearly stated in the sworn
statements/affidavits and the steps taken to
preserve the integrity and evidentiary value of
the seized items
CROSS EXAM POINTERS
 Sec 21 and
6
MUST ALWAYS indicate in the Chain of
Custody (until turnover to lab):
1. time and place of marking (and in every
transfer)
2. the names of officers who
marked/inventoried/photographed/sealed
the items
3. who took custody and received the
evidence from one officer to another
within the chain
WITHIN 24 HOURS UPON
CONFISCATION/SEIZURE OF DD
The same shall be submitted to the PDEA
Forensic Laboratory for a qualitative and
quantitative examination
 Certification of Forensic Lab Exam shall
be done under oath by the examiner,
shall be issued within 24 hours after the
receipt of the subject item/s.
 When voluminous, issue partial
laboratory exam report then issue a Final
certification within the next 24 hours.
WITHIN 72 HOURS
Conduct an ocular inspection of the confiscated,
seized and/or surrendered DD et al and thru
PDEA, proceed with the destruction or burning
of the same within 24 hours (in the presence of
above)
chain of custody
important.

 First, magbibigay ka ng doubt sa
court kung may sale talaga. Usually
yung mandatory witnesses tinatawag
after buy bust na. So papalabasin na
di sure if may buy bust talaga kasi
baka tinanim lang nung wala pa
witnesses.
 Second, tignan mo nagkaabutan ba
talaga ng pera. Kasi dba need talaga
hintayin pag abot ng pera.
 Third, yung pre arranged signal
dapat pinag usapan na during
briefing palang at inexecute during
buy bust para sa paghuli.
 Fourth, yung witnesses and other
operatives kung malayo like ilang
meters di nila nakita talaga mismo
sale.
 Pag hindi pala buy bust pwede mo
gamitin yang distance sa paghuli. Iba
sinasabi in flagrante. Pero pqede mo
gamitin na no probable cause kasi
malayo masyado officers to see ano
inabot.
 Tapos mamali mali mo sila. Like sa
time, kailan dumating sa area.
Nagkaroon ba ng briefing before buy
bust or wala.
 Pag aralan mo affidavits nila. Tapos
tignan mo if may inconsistency sa
sasabihin nila during direct. Minsan
namamali sila.
 Kahit nasabi na sa cross, ask mo
anong time nakuha info from
informant.
 Sa operation report, kung may
nakalagay na "target name" tapos di
nakalagay ng suspect, ask mo bakit
wala name niya dun
REQUIRED WITNESSES/SIGNATORIES
OF INVENTORY FORM
 Hindi siya fatal if present yung 2
other manda witnesses. Kasi dba 2
out of 3 nalang required. Sa old, all 3
dapat present.
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 Pero argue mo dyan, inexhaust ba ng
officers para masecure presence ng
doj rep？ palabasin mo na di isla nag
effort to secure his attendance
** Given 24H from Arrest to Turnover to Lab. If
there is STILL ample time, why not secure presence?
 presence of mandatory witnesses
(late dumating, called after) i-point
out mo bakit late dumating or
tinawag yung mandatory witnesses
 Dapat hindi makapag explain ng
maayos officers bakit wala or late
yung mandatory witnesses.
 Kung di present, inexplain ba nila sa
affidavit ？ if not, questionin mo
bakit di nila sinabi sa affidavit nila
bakit di nasecure or paano nila
sinecure presence nung absent na
witness
 Briefing, anong oras transaction,
anong oras dumating mga witnesses.
 Sinong timawag sa witnesses?
 Anong oras tinawagan?
 Anong point ng operation dumating
yung witnesses? Minsan kaso tapos
na kapkapan at imark tsaka dumating
witnesses
SEIZED ITEMS
 Tanong mo rin saan nilagay yung
items after confiscation
 Saan minark? Kailan minark seized
drugs and inventory.
 Pati pala SAAN NILAGAY YUNG
SEIZED DRUG. Sa bulsa lang ba or
pinagsamasama sa isang plastic.
 May " evidence bag" para masecure
yung items. I-ask mo bakit hindi dun
nilagay. Tsaka minark ba yung
pinaglagyan ng sachets bukod dun sa
mismong sachet.
 Nilagay ba sa secured evidence bag.
Kasi dyan, ipapasok mo na chain of
custody （ integrity ng seized item
baka mamaya iba yung inexam sa
crime lab na item dun sa mismong
naseize from accused
 Weight of drugs not indicated sa
inventory -there is doubt if same
 drug siya na inexamine ng forensic
chemist

 Sino nag turn over sa crime lab ？

important din yan kasi sa chain of
custody may mga taong involved na
nagpapasahan.

 Papalabasin mo broken ang chain of

custody

 Arrest FIRST before frisking/body

search

 INVENTORY FORM: accused

MUST sign or indicate “refuse to
sign”

 May iba kaming pinopoint out pero

di ko sasabihin sayo kasi mas
magandang hindi mo siya maclarify
para di masagot ng police
officers/witness.