PRACTICE COURT

Notes by: Alexandra P. Abitan

OBJECTIVE: to be able to layer questions.

CASE: Grave Oral Defamation.
FACTS: (given during class)
May 5, 2018 ; 9:30 am
SM Supermarket
NO JUDICIAL AFFIDAVIT/SWORN STATEMENT

COMPLAINANT ACCUSED
Housewife “PETRA”
Married to Jose Said the following to complainant: “Putangina mo!
Knows the accused from the school of both Wala ka ng asim! Maasim pa ang suka sayo!
their kids Malandi!
Co-parents with the accused

Requisites of Grave Oral Defamation:

1. Expression used.
2. Personal relation between the victim and accused
3. Circumstances surrounding the case
4. Social standing/position of offended party.

TRIAL
HONORABLE JUDGE COUNSEL
Good evening your Honor,
I am Atty. Alexandra P. Abitan.
Appearing as private prosecutor for the private
complainant under the direct supervision and control
of the Public Prosecutor.
Why are you late? No valid reason your Honor, I humbly ask for your
indulgence.
Call the witness May we call (name) to the witness stand.
Granted. Your Honor,
Offer. we offer the testimony for the purpose of proving
material allegation and other facts and circumstances
relevant to the case.
Court Interpreter assists the witness.
Witness tells his/her personal circumstances.
COUNSEL: may I proceed your Honor?
JUDGE: Proceed.
OPPOSING
COUNSEL WITNESS JUDGE
COUNSEL
IDENTIFY THE WITNESS/PRIVATE COMPLAINANT
- Are the same private complainant named in
this case?
IDENTIFY THE ACCUSE
- Do you know the accused named in this
case?
- How do you know the accused?
- If the court will ask you to identify the
accused, will you be able to identify him?
- Is he inside this court room?
 PRACTICE COURT
Notes by: Alexandra P. Abitan

- Please point him.

LAYER QUESTIONS
- Where were you last May 20, 2018 at
around 9:30 in the morning
- What were you doing there?
- In relation to this case, what transpired in
the same date and time?
- What did the accused tell you?
- What are the words said by the accused?
- Who are you with during then?
- Was there any person present during that
event?
- To the best of your knowledge, how many
are there? If any.
- What did you feel upon hearing such
words?
*prior to the incident that happened on
MAY 20, 2018, were you able to have an
encounter with the accused?
*What do you think was the reason why
she told you that?
- Then what happened next?
- What did you do after that?
- (continue questions until accused narrates
barangay conciliation)
BARANGAY CONCILLATION
- What happened at the barangay hall?

*offer barangay certificate to Court

No further question your honor.
Permission to leave.