LICUP, Kristine Felva P. Criminal Procedure (JD 205)September 15, 2015 Court Observation: A Reaction Paper

“Experience is the best teacher.” – Although cliché, this is one of the most famous maxims about learning that, without a doubt, rings true. It’s probably because experiencing a thing gives life to the words we read and concretizes the theories we learn in the classroom; it paints the picture of what is set out by our books.

For the past two weeks, we were tasked to go on an adventure – to experience what it is like to be in a courtroom while different criminal proceedings were held. As an aspiring lawyer, I believe it was normal to be all giddy about the activity. Despite being nocturnal, my excitement fueled me to get up early and go to the Hall of Justice.

In the litigations I’ve had the chance to observe, some cases were more interesting than the others, some judges are sterner than the others, and some lawyers come more prepared than their opposing counsels. As a student of law, it was a thrill to see how lawyers carried themselves in the courtroom and to imagine myself a few years from now, God-willing, to be doing the same. Of the 14 criminal proceedings, I have considered some to be standouts – some by reason of being my first, others because I found it having more action than the rest.

People v. Elma, et al. was the first arraignment that I ever attended. I noticed how, after reading the complaint in English, the clerk of court relayed the same to the accused by translating it in Bisaya in a less formal and more conversational manner. I believe it was the most important part of that proceeding because it allows the accused to fully understand why he is called before the court. Without the translation of the complaint in a language understood by the accused, the purpose of the arraignment, which is to provide the accused with a reading of the crime with which he or she has been charged, would not be carried out.

In what was supposed to be a Presentation of Evidence of the accused in the case of People v. Calumen, Atty. Jason Bandal, counsel of the accused, told the court that the Defense was resting its case because the accused jumped bail. The Judge then set the date for the promulgation of judgment. I wasn’t able to really concentrate on the proceeding because I was too preoccupied observing my friend, “Kuya Jason,” in action for the first time. So after that hearing, I approached and conversed with Atty. Bandal to discuss what happened and from our talk I learned that by jumping bail, the accused waived his right to present evidence in his defense.

In People v. Pajantoy, Sr., I had two firsts – my first time to witness a plea bargaining and my first time to witness yet another friend, “Kuya Rommel (Mirasol),” in action. In this case, the victims were said to have stopped coordinating with the Prosecution. Atty. Mirasol asked for a plea bargain that instead of attempted parricide, the charge be lowered to attempted homicide, to which the Prosecution agreed. After the hearing, I

chanced upon Atty. Mirasol and found out that his client, Pajantoy, has already ironed things out and reconciled with the victims who happen to be his wife and daughter, that’s why they are no longer interested to press charges. He wanted to have this plea bargain so his client may have a shot to being allowed to go on probation.

In People v. Aranas, I witnessed the private prosecutor said that his client will withdraw the complaint with the only condition that a proof of the written apology made by the accused be furnished for them. The Judge ordered the private prosecutor to submit to the public prosecutor, Prosecutor Icao, an Affidavit of Desistance immediately after he gets a copy of the compromise agreement so the latter can file a Motion to Dismiss before the court. Through this, I realized that in order to save people from wasting money and time and spare the court from further docket-clogging, lawyers should always opt for amicable settlement first and only when all other peaceful out-of-court means are exhausted shall they suggest their clients to bring the matter to court.

In People v. Teves, on the other hand, the trial was postponed because the accused was not represented by a lawyer. It appears that the accused’s lawyer manifested to withdraw from the case but consent was not yet given by the accused. The Judge said that because of this, he is still the lawyer of the accused in the eyes of the court; moreover, the Judge now asks for an explanation from the said lawyer as to why he should not be sanctioned and directed him to secure the accused’s conformity. She then explained to the accused that in view of his right to have the assistance of counsel, the trial had to be postponed. I was in awe of the Judge because aside from oozing with beauty and looking as if she has had a drink in the Fountain of Youth, she was also very fluent, and professional yet compassionate, especially towards the accused.

But among the 14, my favorite is People v. Arado, et al. The hearing was for the Presentation of Evidence in a case of homicide. Although not as dramatic as what has been depicted in the movies, I found this hearing the most exciting. I liked how lawyers of both sides came prepared. Atty. Manuel Arbon, defense lawyer, nailed the hearing by destroying the credibility of the Prosecution’s witness. His questions were basic, but he maneuvered and sewed them together to reveal the anomalies in the witness’s statements. He raised the fact that the affidavit of the witness was made three months after the incident, to which Atty. Herbert Timtim, private prosecutor, objected, saying it was so because the case was not filed until after the lapse of three months and the fiscal could not just preempt. It became a favorite most probably because both sides were more interactive with each other than the rest and because I would want to experience being a counsel in a case as intense or even more intense that this one.

Above everything, I learned how important it is for law students to do court observation because it is not only where we see the stories in our books come alive, it is also a glimpse, if God wills, of what our tomorrow might look like. #