A Trial Court Observation

In partial fulfillment of the requirements in:

PRACTICE COURT 1

Submitted by:

JOSEPH DARNLEY P. REYES

 COURT OBSERVATION REPORT

1) Date and Time of Observation – 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. 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 to a dispute, to present information (in the form of evidence) in
a tribunal, a formal setting with the authority to adjudicate claims or disputes. The
tribunal, which may occur before a judge or other designated trier of fact, 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 pre-
trial 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-83-19

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

Sec. 6. Agreed statement of facts.

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. 7. Statement of judge.

During the hearing or trial of a case any statement made by the judge with
reference to the case, or to any of the parties, witnesses or counsel, shall be made
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.
Judge: Do you have any proof that indeed Abner Gerpacio borrowed money from
you on the said date?
Plaintiff: Yes ma’am. Meron po kaming kasulatan
Judge: Do you have any proof that Abner refused to settle his indebtedness?
Plaintiff: Yes ma’am galing na po kami sa barangay para mag-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 court-
referred 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 3RD 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.