Court Observation Report Prac Court

 

 

A Trial Court Observation

 In partial fulfillment fulfillment of the rrequirements equirements iin: n: PRACTICE COURT 1

 Subm  Sub mi tted by: JOSEPH DARNLEY P. REYES

 

COURT OBSERVATION REPORT

1)  Date and Time of Observation –  November  November 14, 2019; 10:00 AM 2)  Place of Observation  –   3RD  MUNICIPAL CIRCUIT TRIAL COURT OF INDANG-MENDEZ NUNEZ, INDANG, CAVITE. 3)  Presiding Judge –  HON.  HON. RUBY RODRIGUEZ-GONZALES 4)  Case: Collection for Sum of Money 5)  Proceeding Observed : Court Trial

INTRODUCTION

In the Court Visit, we were tasked to carefully observe and discern how a trial  progresses and develops through different stages in actual practice within the courtroom in accordance to the provisions of the Rules of Court. During the observation, we will apply all our knowledge from the books, references and jurisprudence that we have mustered throughout law school and relate it to an actual trial. We will also make note of the different strategies employed by the counsel and how the judge will exercise his discretion to ensure that the rules on procedure will be adhered and that justice should always prevail.

 

The courtroom observation will serve as an eye opener to provide an actual, definite and in-depth understanding beyond the four corners of the books we have read.

WHETHER OR NOT CONTINUOUS TRIAL IS APPLIED? A.M. No. 15-06-10-SC REVISED GUIDELINES FOR CONTINUOUS TRIAL OF CRIMINAL CASES was not applied in the instant case since the

case involves a Civil Case involving a Collection of Sum of Money. The revised guidelines for continuous trial of criminal cases shall apply to all newly-filed criminal cases including those governed by Special Laws and Rules, in the First and Second Level Courts, the Sandiganbayan and the Court of Tax Appeals as of effectivity date. This rule is adopted to test the practicability and feasibility thereof and enhance the rules of procedure and expedite the litigation process.

WHAT IS A TRIAL?

Trial is an examination before a competent tribunal of facts or law put in issue in a case, for the purpose of determining such issue. A trial is a coming together of   parties parties to a dispute,  dispute,   to present information (in the form of   evidence) evidence) in a tribunal,  tribunal, a  a formal setting with the the authority  authority to adjudicate to adjudicate claims or disputes. The tribunal, which may occur before a judge a judge or other designated designated trier  trier of fact, fact, aims  aims to achieve a resolution to their dispute.

 

Rule 30, Sec. 5. Order of trial.

Subject to the provisions of section 2 of Rule 31, and unless the court for special reasons otherwise directs, the trial shall be limited to the issues stated in the pretrial order and shall proceed as follows: (a) The plaintiff shall adduce evidence in support of his complaint; (b) The defendant shall then adduce evidence in support of his defense, counterclaim, cross-claim and third-party complaint; (c) The third-party defendant, if any, shall adduce evidence of his defense, counterclaim, cross-claim and fourth-party complaint; (d) The fourth-party, and so forth, if any, shall adduce evidence of the material facts pleaded by them; (e) The parties against whom any counterclaim or cross-claim has been pleaded, shall adduce evidence in support of their defense, in the order to be prescribed by the court; (f) The parties may then respectively adduce rebutting evidence only, unless the court, for good reasons and in the furtherance of justice, permits them to adduce evidence upon their original case; and (g) Upon admission of the evidence, the case shall be deemed submitted for decision, unless the court directs the parties to argue or to submit their respective memoranda or any further pleadings. If several defendants or third-party defendants, and so forth, having separate defenses appear by different counsel, the court shall determine the relative order of  presentation of their evidence.

 

COMMENCEMENT OF THE HEARING/TRIAL

The trial commenced with a Court Officer reading the contents of the case including the names of the plaintiff and respondent, the case number and the nature and cause of action. CIVIL CASE NO. 1-SCC-83-1 1-SCC-83-19 9

The lawsuit involves a collection for sum of money brought about by Angelita D. Rocas against Abner Gerpacio.

 Sec.  Se c. 6. A gr gre eed sta statement of fact facts. s. The parties to any action may agree, in writing, upon the facts involved in the litigation, and submit the case for judgment on the facts agreed upon, without the introduction of evidence. If the parties agree only on some of the facts in issue, the trial shall be held as to the disputed facts in such order as the court shall prescribe.

Observation In the instant case, there was no agreement on the statement of fact or an attempt to stipulate an agreement as to the facts.

 Sec.  Se c. 7. Sta Statement of jud judge ge.. During the hearing or trial of a case any statement made by the judge with r efer ence to to the the case, case, or to any of of the pa parr tie ties, wi witne tnesses sses or counsel, shall be made ade of record in the stenographic notes. The judge asked several questions pertaining to the case to make clarifications on certain matters.

 

 Judge: Are you the same Angelita D. Rocas, the petitioner in this case?  Plantiff: Yes ma’am. ma’am.    Judge: Do you have any proof that indeed Abner Gerpacio borrowed money from  you on the said date?  Plaintiff: Yes ma’am. ma’am. Meron p po o kaming kasulatan  Judge: Do you have have any proof that that Abner refuse refused d to settle his iindebtedness? ndebtedness?  Plaintiff: Yes ma’am galing na po kami sa barangay para mag -areglo -areglo at may record po kami doon ngunit hindi parin po sya tumupad sa usapan.

The judge after evaluating the statements and affidavits of both parties decided to refer the case to mediation to which the parties agreed.

Pursuant to paragraph (5), Section 5. Article VIII of the 1987 Constitution mandating the Supreme Court to promulgate rules that shall provide a simplified and inexpensive procedure for the speedy disposition of cases and Section 2(a), Rule 18 of the 1997 Rules of Civil Procedure, as amended, requiring the courts to consider the possibility of an amicable settlement or of a submission to alternative modes of resolution, the following rules are hereby issued with regard to courtreferred mediation:

The following cases can be referred to mediation: a) All civil cases, settlement of estates, and cases covered by the Rule on Summary Procedure, except those which by law may not be compromised;  b) Cases cognizable by the Lupong Tagapamayapa under the Katarungang Pambarangay Law; c) The civil aspect of BP 22 cases; and d) The civil aspect of quasi offenses under Title 14 of the Revised Penal Code.

 

  The trial court, after determining the possibility of an amicable settlement or of a submission to alternative modes of dispute resolution, shall issue an Order referring the case to the Philippine Mediation Center (PMC) Unit for mediation and directing the parties to proceed immediately to the PMC Unit. The Order shall  be personally given to the parties during the pre-trial. Copy of the Order together with a copy of the Complaint and Answer/s, shall be furnished the PMC Unit within the same date.

WHO HAS A BETTER STANDING BETWEEN THE PLAINTIFF AND DEFENDANT?

Even though the case was referred to mediation the Plaintiff has a better standing than the defendant since the Plaintiff was able to submit as evidence a “kasulutan” which serves as clear and satisfactory proof that the Defendant owes her the sum of money ought to be collected.

It can also be noted that apart from not presenting any evidence in support of its defense, the defendant did not really put up any serious defense to defeat the claim of the plaintiff. In fact during the clarificatory questions asked by the Judge, the defendant did not even deny being indebted to the Plaintiff. The evidence  presented by the plaintiff, unrebutted by any evidence on the part of the defendant and even aided by the admissions made by the defendant proves that the plaintiff has a cause of action for the payment of the sum of money owed.

 

Conclusion

The court visit and the observation of court proceeding in the 3 RD  MUNICIPAL CIRCUIT TRIAL COURT OF INDANG-MENDEZ NUNEZ, INDANG, CAVITE was productive since the actual experience of being in court makes you apply and realize the true flow of the proceedings. You can also observe the techniques employed by the counsels especially in criminal cases. The judge plays a vital role in the society to weigh the quantum of evidence which tilts the scales of justice to those who is to be protected and punished by law. The judge properly adhered to the rules as contemplated by the law and exercised sound discretion in deciding the courses of actions to take. The court visit inspires one person to pursue and put the reality the dream of becoming a lawyer.