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COURT PREPARATION AND TESTIMONY

JUDGE-METC/RTC
JURISDICTIONS

MeTC/MTC- 6 years and below


Regional Trial Courts
a. Regular Courts-More than 6 years ( starts from 6
years and 1 day)
b. Family Courts ( RA 7610. 9262, 9344 (all cases
involving minors including drugs cases)
regardless of penalties
c. Drugs Court ( all drugs cases except when minor)
regardless of penalties
d. Agrarian Courts
e. others
EN BANC-AS ONE/AS A WHOLE
JUSTICES/-SANDIGANBAYAN, COURT OF
APPEALS/SUPREME COURT
COURT STENOGRAPHER- STENO (TSN)-Transcript of
Stenographic Notes
Documentary and Object Evidence-Formally offered after
the testimonial Evidence
Testimonial Evidence-formally offered at the time the
witness is called to testify

COURT INTERPRETER
COURT BAILIFF
COURT SHERIFF
COURT PROCESS SERVER (Messenger)
COURT CALENDAR-List of Cases for hearing
GAVEL
JUDGES/JUSTICES ROBE
JUSTICIA -GODDESS OF WISDOM / HUSTISYA
CALL TO ORDER 1. ALL RISE
2. HON. JUDGE X PRESIDING, COURT NOW IS
IN SESSION
3. SILENCE IS HEREBY ENJOINED
ROLL CALL OF CASES- Court Calendar

BRANCH CLERK OF COURT- METC- NON LAWYERS/LAWYERS


RTC-LAWYERS

OFFICE OF THE CLERK OF COURT-METC/RTC


CLERK OF COURTS

TRY TO LOOK CONFIDENT AND HONEST BUT NOT


ARROGANT WHILE TESTIFYING IN COURT- remember that you
are trying to win the trust of the court/judge.
-
EXAMINATION OF A WITNESS
A. INTRODUCTION: Meaning of terms:

1. “Examination” – to find out facts from the witness or to test his


memory, truthfulness or credibility by directing him to answer
appropriate questions.

2. Proponent - the party who owns or who called the witness to testify
in his favor. Opponent- the party against whom the witness was
called.

3. Friendly Witness- one who is expected to give testimony favorable to


the party who called for him. Hostile Witness, one whose testimony is
not favorable to the cause of the party who called him as a witness.
Party witness and accused-witness refer to the plaintiff, defendant or
the accused, testifying as witness for themselves, as opposed to
ordinary witnesses

B. ORDER OF EXAMINATION
Direct examination by the proponent

Cross-examination by the opponent

Re-direct examination by the proponent

Re-cross examination by the opponent

C. ORDER OF PRESENTATION OF EVIDENCE

Presentation of Evidence in Chief by the Plaintiff

Presentation of Evidence in Chief by the Defendant

Presentation of Rebuttal Evidence by the Plaintiff

Presentation of Sur rebuttal Evidence by the Defendant


Section 5. Direct Examination. Direct examination is the examination-in-
chief of a witness by the party presenting him on the facts relevant to
the issue.

ORDER OF TRIAL
1. Regular Order
a. Prosecution
b. Defense
2. Reverse Order
a. Defense
b. Prosecution

Available defenses for the accused


1. Denial
2. Alibi
In denial and alibi- no admissions of acts and guilt.
3. Justifying Circumstances
4. Exempting circumstances
In justifying and exempting- there were admissions of acts
But not admissions of guilt.

RULES FOR OBJECTIONS


When the court sustained an objection - the counsel should change or
modify his/her question that was objected.
When the court overruled an objection- counsel may continue his/her
question being objected.

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