COURT TESTIMONY1

PARTS OF A COURTROOM

1. Courtroom - The enclosed space in which a judge regularly holds court.

2. Docket - the schedule of official court proceedings is called a docket. It may also be called calendar of
cases.
3. The judge sits behind a raised desk, known as the bench.
4. The courtroom is divided into two parts by a barrier known as the bar. The bar may be an actual railing, or
an imaginary barrier. (The bailiff stands or sits) against one wall and keeps order in the courtroom, no bailiff
in the Philiippines however, bailiff is an American term)
5. Gallery – is the portion where the public sits and watch the court proceedings.
6. Jury box – At the side or corner of the judge is where the jury observes the proceedings, this is known as
the jury box.
7. Judge’s Chamber – is the judge’s private room located near his courtroom. This is where he usually takes
brief rest and other court activities.

FORUM SHOPPING – The practice of filing multiple suits on different courts based on the same cause of action.
This is not allowed and is a ground for dismissal of the case filed by the guilty party.

LANGUAGE USED IN THE COURTROOM

Since the courts' creation, English had been used in court proceedings. But for the first time in Philippine judicial
history, or on August 22, 2007, three Malolos City regional trial courts in Bulacan will use Filipino, to promote the
national language. Twelve stenographersfrom Branches 6, 80 and 81, as model courts, had undergone training at
Marcelo H. del Pilar College of Law of Bulacan State UniversityCollege of Law following a directive from the
Supreme Court of the Philippines. De la Rama said it was the dream of Chief JusticeReynato Puno to implement
the program in other areas such as Laguna, Cavite, Quezon, Nueva Ecija, Batangas, Rizal and Metro Manila
(enwikipedia/supremecourt).

GAVEL, DEFINED- miniature mallet/hammer like device usually made of wooden material used by the judge in
court proceddings.

A gavel is a small ceremonial mallet commonly made of hardwood, typically fashioned with a handle and often
struck against a sounding block to enhance its sounding qualities. It is a symbol of the authority and right to act
officially in the capacity of a chair or presiding officer. It is used to call for attention or to punctuate rulings
and proclamations. It is customarily struck to indicate the opening (call to order), keep the meeting itself calm and
orderly, and the closing (adjournment) of proceedings, giving rise to the phrase gavel-to-gave lto describe the
entirety of a meeting or session.2

USES OF GAVEL

• To save time, gavels are used exclusively to cut off prosecutors, defense attorneys, or witnesses. 
• Gavels are also used to restore order, and the striking of a gavel also can signify the end of an issue. 
• The gavel is used to signal the start and end of court sessions.

THE JUDGE’S ANVIL

What is the piece of wood a judge strikes his gavel against called?

The piece of wood they hit with the gavel is called the "sound block" or the "sound board”.3

• JUDGES MUST WEAR BLACK ROBES

• Pursuant to Sections 5 and 6, Article [VIII] of the Constitution and in order to heighten public consciousness
on the solemnity of judicial proceedings, it is hereby directed that beginning Tuesday, August 1, 1989, all
Presiding Judges of all Trial Courts shall wear black robes during sessions of their respective Courts. 4
• Judges clothed in robes, not only, that they who witness the administration of justice should be properly
advised that the function performed is one different from, and higher, than that which a man discharges as
a citizen in the ordinary walks of life; but also, in order to impress the judge himself with the constant
consciousness that he is a high priest in the temple of justice and is surrounded with obligations of a sacred
character that he cannot escape and that require his utmost care, attention and self-suppression.

1
Compiled By: Makamasa Arnaldo Gapit
2
En.wikipedia.org/gavel. Accessed August 20, 2013, 5:34 PM
3
answers.yahoo.com
4
A.C. No. 25 dated June 9, 1989.
Court Testimony 1
 • Consequently, a judge must take care not only to remain true to the high ideals of competence and integrity
his robe represents, but also that he wears one in the first place. (SEE TIONGCO vs. SAVILLO March 31,
2006)

ATTIRES FOR LAWYERS

 Long sleeve Barong or Coat and Tie with Blazer for men and slacks.
 Corporate decent attire for women/Filipiniana

ATTIRES FOR WITNESSES

 Decent dress no shorts pants, spaghetti straps, mini skirts.
 For professional witnesses such as those in the government service their uniforms are desired such as a
policeman as a witness must come in court in full uniform.

THE JUSTICE ON WHEELS PROGRAM

 Also known as mobile courts.

 Chief Justice Hilario Davide was the innovator.
 Patterned from Guatemala

MANDATED COURT SESSIONS

• Mondays to Fridays
• The session hours of all Regional Trial Courts, Metropolitan Trial Courts, Municipal Trial Courts in Cities,
Municipal Trial Courts and Municipal Circuit Trial Courts shall be from 8:30 A.M. to noon and from 2:00
P.M. to 4:30 P.M. from Monday to Friday.
• The hours in the morning shall be devoted to the conduct of trial, while the hours in the afternoon shall be
utilized for (1) the conduct of pre-trial conferences; (2) writing of decisions, resolutions, or orders; or (3) the
continuation of trial on the merits, whenever rendered necessary, as may be required by the Rules of Court,
statutes, or circular in specified cases.5

FRIDAYS ARE MOTION DAYS

Fridays are motion days in courts (which is somewhat not uniform practice and not followed?)

THE COURT CALENDAR

Lists of cases that are scheduled to be heard on a particular day usually placed or posted outside the courtroom.

COURT PERSONNEL AND STAFF

• PRESIDING JUDGE
• CLERK OF COURT
• OFFICER IN CHARGE
• STENOGRAPHER
• LEGAL RESEARCHER
• INTERPRETER
• SHERIFF
• PROCESS SERVER

CALL TO ORDER

• This takes place when the judge enters the courtroom and the clerk announces his presence by stating the
name of the judge. The call to order requires
• Everyone must rise
• Everyone must remain silent
• Everyone must stand in attention and refrain from doing anything as a show of respect to the man in robe.
• Cellphones and other noise emitting judges must be turned off or placed on silent modes.

CONTEMPT OF COURT – Is disobedience to the court by acting in opposition to its authority, justice and dignity. It
may be:

a. Direct Contempt (in facie curiae) – One committed in the presence of or so near a court or judge as to
obstruct or interrupt proceedings before it.6
b. Indirect Contempt – Contempt committed out of the court or not in the presence of the court.

ECUMENICAL PRAYERS FOR THE COURTS

5
Administrative Circuar 3-99, dated January 15, 1999.
6
De Lima vs. Gallardo, 77 SCRA 290
Court Testimony 2
Almighty God, we stand in Your Holy Presence as our Supreme Judge. We humbly beseech You to bless and
inspire us so that what we think, say and do will be in accordance with Your will.

Enlighten our minds, strengthen our spirit and fill our hearts with fraternal love, wisdom and understanding, so that
we can become effective channels of truth, justice and peace.

In our proceedings today, guide us in the path of righteousness for the fulfillment of Your greater glory.

Amen.

ROLL CALL OF CASES

• It happens when the clerk announces the lists of cases to be heard followed by the declarations of the
lawyers for the litigants of their presence and preparations for trial.

ARRAIGNMENT

• Arraignment may also be defined as the reading of the criminal complaint or information to the defendant
by the judge or clerk, and the delivering to him of the copy thereof, including a list of witnesses and asking
him whether he pleads guilty or not guilty.

• SUBPOENA – a process directed to a person requiring him to attend and to testify in court.
a. Subpoena ad testificandum – compelling the attendance of a person to testify
b. Subpoena duces tecum – a witness is ordered to produce document in court.

• COUNSEL DE OFFICIO – a lawyer appointed by the court to defend the case of a destitute or indigent
litigant/accused before it.
• COUNSEL DE PARTE – If a party/accused can afford to pay a private lawyer, he is employing a counsel
de parte.
• BENCH WARRANT – a warrant of arrest orally issued by the judge during court sessions normally if the
accused did not appear during court hearings especially during the arraignment.
• JUMP BAIL – A term used if the accused does not appear in court anymore after his bail has been granted
by the court.
• CASE ARCHIVED – This takes place if the accused never appeared in the court even during the
arraignment. Case will be reacticated once he is arrested.
• TRIAL IN ABSENTIA – This takes place when the accused appeared during the arraignment, but does not
appear anymore in subsequent proceeding stages, in which case trial will still proceed as long as:
A. he has been notified of the trail dates
B. his failure to appear was unjustifiable
C. he had been arraigned

THE COURT ANNEXED MEDIATIONS (CAM)

What is mediation? Mediation is a process of settling disputes with the assistance of an acceptable, impartial and
neutral third party called a mediator. The mediator helps parties identify issues and develop proposals to resolve
their disputes. Once the parties have arrived at a mutually acceptable arrangement, the agreement becomes the
basis for the court’s decision on the case. 

This form of mediation is also known as court-annexed mediation since the case has already been filed in court. 7

CASES COVERED BY MEDIATION

• All civil cases, settlement of estates and cases covered by the Rule on Summary Procedure. Typical cases
would be collection of debts, ejectment of tenants in apartment dwellings, and inheritance disputes among
family members.
• Cases cognizable by the Lupong Tagapamayapa under the Katarungang Pambarangay Law such as
disputes between neighbors of the same barangay over property.
• The civil aspect of Batas Pambansa 22, which covers the debts paid through bouncing checks.
• The civil aspect of quasi-offenses under negligence like motor vehicle accidents that has damaged the
vehicle or injured passengers or pedestrians.

JUDICIAL DISPUTE RESOLUTION (JDR)

What is Judicial Dispute Resolution? Judicial Dispute Resolution (JDR) is another innovation in the Philippine
court system. When court-annexed mediation fails, the case is brought to the judge who then acts as a conciliator,
a neutral evaluator and a mediator. The judge will try to mediate the case. If the judge’s intervention as a mediator
succeeds, the case is concluded with a judgment based on a compromise. If the dispute is still unresolved, then the
case is referred to another judge for trial. Both parties must now be prepared for litigation. 8

7
Pmc.judiciary.com.ph
8
Ibid.
Court Testimony 3
 PRE TRIAL

PRE -TRIAL DEFINED – a CONFERENCE BETWEEN THE COURT AND THE COUNSEL TO CONSIDER THE
SIMPLIFICATION OF ISSUES, THE NECESSITY OR DESIRABILITY OF AMNEDMENT TO THE PLEADINGS,
THE POSSIBILITY of obtaining admissions to avoid unnecessary proofs, the number of witnesses and such other
matters that will aid in the disposition of the action. 9

In all criminal cases cognizable by the Sandiganbayan, Regional Trial Court, Metropolitan Trial Court, Municipal
Trial Court in Cities, Municipal Trial Court and Municipal Circuit Trial Court, the court shall, after arraignment and
within thirty (30) days from the date the court acquires jurisdiction over the person of the accused, order a pre-trial
conference 10

MATTERS TAKEN UP AT PRE TRIAL

(a )plea bargaining;
(b) stipulation of facts;
(c) marking for identification of evidence of the parties;
(d) waiver of objections to admissibility of evidence;
(e) modification of the order of trial if the accused admits the charge but interposes a lawful defense; and
(f) such matters as will promote a fair and expeditious trial of the criminal and civil aspects of the case.
 The prosecution marks its documentary evidence by affixing LETTERS to them.
 The defense marks its documentary evidence by affixing NUMBERS to them.

TRIAL

TRIAL DEFINED- THE EXAMINATION OF THE COURT OF THE FACTS IN ISSUE

ENTRY OF APPEARANCES – The lawyers both for the prosecution and the defense introduce themselves and
signify their readiness.

PRO SE PRACTICE – the term used in case the accused does not wish to avail himself of a lawyer whether de
officio or de parte, and relies on himself to defend himself in court. This practice may or may not be allowed by the
court. If allowed the party takes his own risk and is generally considered inadvisable.

Presentation of Evidence
EXAMINATION OF WITNESSES

WITNESS STAND/CHAIR – The place in the courtroom where the witness shall sit down and testify.

SWEARING IN OF A WITNESS – Stage before the witness testifies and before he takes the witness chair,
whereby he swears to tell the truth, the whole truth and nothing but the truth, and in most cases calling the
invocation to God that he could be impliedly.
punished if he were not to tell the truth. Under the laws of men he could be held liable for perjury or false testimony
as the case may be if proven to be lying.

SIR/MAAM – Is how the witness should address prosecutors and lawyers during his testimony.

YOUR HONOR – is how everyone should address the judge inside the courtroom

2nd Call (or third call and so on) – is how lawyers and litigants should reply when their cases are called upon, but
they are not yet ready and buys some few more time from the judge.

Permission to leave your honor – is the standard statement when one tries to be excused from the courtroom
and hearinf is on going.

Hearing adjourned – is what the judge says when the entire cas has been finished for the day followed by the
ceremonial banging of the gavel

Section 1. Examination to be done in open court. — The examination of witnesses presented in a trial or hearing
shall be done in open court, and under oath or affirmation. Unless the witness is incapacitated to speak, or the
questions calls for a different mode of answer, the answers of the witness shall be given orally.

OFFER OF TESIMONY – before the actual questioning or direct examination of the witness, the counsel must
state/recite in open court the substance of the testimony of the witness and the things they intend to prove. This is
known as the offer of testimony.
GROUNDS FOR OBJECTION

QUESTIONS ARE EITHER

9
Herbulario vs. Santos, 64 OG 5485, cited in Federico B. Moreno, Philippine Law Dictionary, 3rd edition page 721.
10
Rule 118. section 1.
Court Testimony 4
 • Indefinite or uncertain
• Irrelevant
• Argumentative
• Calls for conclusion of law
• Calls for illegal answer
• Calls for opinion or hearsay
• Calls for incriminating answer
• Leading
• Misleading
• Degrading
• Repetitious
• Violative of the parole or best evidence rule
• Violative of the rule on privilege communications

OVERRULED AND SUSTAINED OBJECTIONS

 If objection is sustained – the witness cannot answer the question (but the judge may either say
reform the question or go to another point to the lawyer)
 If the objection is overruled – the witness may answer the question.

ORDER IN THE EXAMINATIONS OF WITNESS

Order in the examination of an individual witness. — The order in which the individual witness may be examined is
as follows:

(a) Direct examination by the proponent;

(b) Cross-examination by the opponent;
(c) Re-direct examination by the proponent;
(d) Re-cross-examination by the opponent

 Direct examination. — Direct examination is the examination-in-chief of a witness by the party presenting
him on the facts relevant to the issue
 Cross-examination; its purpose and extent. — Upon the termination of the direct examination, the witness
may be cross-examined by the adverse party as to many matters stated in the direct examination, or
connected therewith, with sufficient fullness and freedom to test his accuracy and truthfulness and freedom
from interest or bias, or the reverse, and to elicit all important facts bearing upon the issue
 Re-direct examination; its purpose and extent. — After the cross-examination of the witness has been
concluded, he may be re-examined by the party calling him, to explain or supplement his answers given
during the cross-examination. On re-direct-examination, questions on matters not dealt with during the
cross-examination, may be allowed by the court in its discretion.
 Re-cross-examination. — Upon the conclusion of the re-direct examination, the adverse party may re-
cross-examine the witness on matters stated in his re-direct examination, and also on such other matters
as may be allowed by the court in its discretion.

WITH THE KIND PERMISSION OF THE HONORABLE COURT – The standard utterance of the lawyers before
actually proceeding to their direct, cross, re direct and re cross examination.

THAT IS ALL OR THAT WOULD BE ALL – The standard utterance of the examining lawyers once he is finished
questioning the witness.

(ANY CROSS EXAM?) or (CROSS?) – standard utterance of the judge in asking whether the defense lawyer
intends to conduct cross examinations.

NO CROSS EXAMINATION, YOUR HONOR – the standard answer of a lawyer if he does not intend to make any
cross examination.

POINTING TO THE ACCUSED OR TAPPING HIS SHOULDER – The usual way of identifying the accused inside
the courtroom made by the witness or the complainant upon being asked to do so either by the prosecuting lawyer
or by the judge.

LEADING QUESTIONS

LEADING QUESTIONS, DEFINED - A question which suggests to the witness the answer which the examining
party desires is a leading question. It is not allowed, except:

(a) On cross examination;

(b) On preliminary matters;
(c) When there is a difficulty is getting direct and intelligible answers from a witness who is ignorant, or a child of
tender years, or is of feeble mind, or a deaf-mute;
(d) Of an unwilling or hostile witness; or
(e) Of a witness who is an adverse party or an officer, director, or managing agent of a public or private
corporation or of a partnership or association which is an adverse party
Court Testimony 5
 MISLEADING QUESTIONS

MISLEADING QUESTION, DEFINED - A misleading question is one which assumes as true a fact not yet testified
to by the witness, or contrary to that which he has previously stated. It is not allowed

LAYING THE PREDICATE/FOUNDATION

How witness impeached by evidence of inconsistent statements. — Before a witness can be impeached by
evidence that he has made at other times statements inconsistent with his present testimony, the statements must
be related to him, with the circumstances of the times and places and the persons present, and he must be asked
whether he made such statements, and if so, allowed to explain them. If the statements be in writing they must be
shown to the witness before any question is put to him concerning them.

EXCLUSION AND SEPARATION OF WITNESSES

• On any trial or hearing, the judge may exclude from the court any witness not at the time under
examination, so that he may not hear the testimony of other witnesses.
• The judge may also cause witnesses to be kept separate and to be prevented from conversing with one
another until all shall have been examined11

PRESENT RECOLLECTION REVIVED AND PAST RECOLLECTION RECORDED

• A witness may be allowed to refresh his memory respecting a fact, by anything written or recorded by
himself or under his direction at the time when the fact occurred, or immediately thereafter, or at any other
time when the fact was fresh in his memory and knew that the same was correctly written or recorded; but
in such case the writing or record must be produced and may be inspected by the adverse party, who may,
if he chooses, cross examine the witness upon it, and may read it in evidence (PRESENT
RECOLLECTION REVIVED).
• So, also, a witness may testify from such writing or record, though he retain no recollection of the particular
facts, if he is able to swear that the writing or record correctly stated the transaction when made; but such
evidence must be received with caution (PAST RECOLLECTION RECORDED)12

ANCIENT DOCUMENT RULE

When evidence of authenticity of private document not necessary. — Where a private document is more than
thirty years old, is produced from the custody in which it would naturally be found if genuine, and is unblemished by
any alterations or circumstances of suspicion, no other evidence of its authenticity need be given 13

DOCUMENTARY EVIDENCE MUST BE IN ENGLISH/FILIPINO

Documentary evidence in an unofficial language. — Documents written in an unofficial language shall not be

admitted as evidence, unless accompanied with a translation into English or Filipino. To avoid interruption of
proceedings, parties or their attorneys are directed to have such translation prepared before trial 14

OFFER OF EVIDENCE

Offer of evidence. — The court shall consider no evidence which has not been formally offered. The purpose for
which the evidence is offered must be specified15

TIME OF MAKING OFFER

• When to make offer. — As regards the testimony of a witness, the offer must be made at the time the
witness is called to testify.
• Documentary and object evidence shall be offered after the presentation of a party's testimonial evidence.
Such offer shall be done orally unless allowed by the court to be done in writing 16 (Rule 132 Sec. 35)

WHEN TO MAKE OBJECTION/TIMELINESS

Objection. — Objection to evidence offered orally must be made immediately after the offer is made.

Objection to a question propounded in the course of the oral examination of a witness shall be made as soon as
the grounds therefor shall become reasonably apparent.

An offer of evidence in writing shall be objected to within three (3) days after notice of the unless a different period
is allowed by the court.

11
Rule 132, Section 15.
12
Rule 132, section 16.
13
Rule 132. Sec. 21
14
Rule 132. Sec. 33
15
Rule 132. Sec. 34
16
Rule 132. Sec. 35
Court Testimony 6
In any case, the grounds for the objections must be specified.17 (Rule 132 Sec. 36).

STRIKING OUT ANSWER

Striking out answer. — Should a witness answer the question before the adverse party had the opportunity to
voice fully its objection to the same, and such objection is found to be meritorious, the court shall sustain the
objection and order the answer given to be stricken off the record.
On proper motion, the court may also order the striking out of answers which are incompetent, irrelevant, or
otherwise improper 18.

TENDER OF EXCLUDED EVIDENCE

Tender of excluded evidence. — If documents or things offered in evidence are excluded by the court, the offeror
may have the same attached to or made part of the record. If the evidence excluded is oral, the offeror may state
for the record the name and other personal circumstances of the witness and the substance of the proposed
testimony19

OFF THE RECORD STATEMENTS

Judge may order certain part of the court proceedings to be unrecorded by putting of the tape recorder and the
stenographer does not write the proceedings for a moment. This is allowed and tolerated.

IN CHAMBER CONFERENCE

Judge may request or order the parties and lawyers to proceed to his chamber to talk about a certain matter.

JUDGMENT

Judgment is the adjudication by the court that the accused is guilty or not guilty of the offense charged and the
imposition on him of the proper penalty and civil liability, if any. It must be written in the official language, personally
and directly prepared by the judge and signed by him and shall contain clearly and distinctly a statement of the
facts and the law upon which it is based. 20

SIN PERJUICIO JUDGMENT – a judgment without stating any of the facts in support of the court’s decision. It
does not contain a statement of the facts which are essential to a clear understanding of the issues presented by
the respective parties as to the facts involved. 21

FALLO – The dispositive part of the order which is the real judgment in a case of litigation. 22

OBITER DICTUM – a judge’s personal opinion (or remark) expressed by the court in its decision which is not
necessary to the decision of the case before it.

STARE DECISIS – The doctrine that, when the court has once laid a principle of law as applicable to a certain state
of facts it will adhere to that principle and apply it to all future case where the facts are substantially the same. 23

APPELLANT – the designation of the losing party if he will appeal his lost case in a higher court.

APPELLEE – the designation of the party against whom the appeal is taken. He is the opponent of the appellant

x-----------------------------------------------------------------------------------------------------------x

• MUNICIPAL TRIAL COURT - Every municipality has its municipal trial court. It is referred to as municipal
trial court if it covers only one municipality; otherwise it is called Municipal Circuit Trial Court if it covers two
or more municipalities.
• Municipal Trial Courts in Towns and cities in the Metropolitan Manila area are referred to as Metropolitan
Trial Courts (METTc).
• In cities outside Metropolitan Manila, the equivalent of the Municipal Trial Courts are referred to as
Municipal Trial Court in Cities (MTCC)
• REGIONAL TRIAL COURTS - Established among the 13 regions in the Philippines consisting of Region I
to XII and the NCR.
• Equivalent in rank to the RTc are the Shari’a Circuit Courts which were established in certain specified
provinces in Midanao where the Muslim Code on personal Laws is enforced.

17
Rule 132. Sec. 36.
18
Rule 132. Sec. 39.
19
Rule 132, Sec. 40.
20
Rule 120. Sec. 1
21
See Director of Lands vs. Sanz 45 PHIL 119.
22
Archibishop of Manila vs. Director of Lands, 35 PHIL 350.
23
Government vs Jalandodi, 44 OG 1840, cited in Federico B. Moreno, Philippine Legal Dictionary, 3rd edition page 902.
Court Testimony 7
 • Equivalent to Municipal Trial Court are the Shari’a Circuit Courts.
• There are 5 Sharia District Courts and 51 Sharia Circuit Courts.
• SANDIGANBAYAN - Composed of a presiding justice and 8 associate justices
• Composed of Presiding Justice and 68 Associate Justices
• COURT OF APPEALS - Composed of Presiding Justice and 68 Associate Justices
• SUPREME COURT - The highest court. Composed of Chief Justice and 14 Associate Justices.

EN BANC, MEANING

• Refers to court sessions with the entire membership of a court participating rather than the usual quorum

PONENTE

 Writer or author of the decision of the court

PER CURIAM DECISION

 The writer or author of the decision is anonymous or not known.

COLLEGIATE COURTS

• Supreme Court
• Court of Appeals
• Sandiganbayan
• Court of Tax Appeals

JUDGES AND JUSTICES HAVE SECURITY OF TENURE

• Shall hold office during good behavior

• Until they reach the age of 70.
• Or unless sooner removed for cause.

JUDICIAL POWER, DEFINED

• The judicial power shall be vested in one Supreme Court and in such lower courts as may be established
by law.
• Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which
are legally demandable and enforceable, and to determine whether or not there has been a grave abuse of
discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the
Government.

THE OFFICE OF THE SOLICITOR GENERAL (PD 478)

The Office of the Solicitor General shall represent the Government of the Philippines, its agencies and
instrumentalities and its officials and agents in any litigation, proceeding, investigation or matter requiring the
services of a lawyer.

PROTOCOL PLATES

1. PRESIDENT
2. VICE PRESIDENT
3. SENATE PRESIDENT
4. SPEAKER OF THE HOUSE
5. CHIEF JUSTICE OF THE SUPREME COURT
6. CABINET SECRETARY
7. SENATOR
8. CONGRESSMAN
9. ASSOCIATE JUSTICE SUPREME COURT
10. COURT OF APPEALS JUSTICE/SOLGEN
11. COMELEC CHAIRMAN
12. CABINET UNDERSECRETARY
14. AFP AND PNP CHIEF
16. RTC JUDGES

RA 9406

 AN ACT REORGANIZING AND STRENGTHENING THE PUBLIC ATTORNEY'S OFFICE (PAO)

Court Testimony 8
  The Citizen's Legal Assistance Office (CLAO) is renamed Public Attorney's Office (PAO). It shall
exercise the powers and functions as are now provided by law for the Citizen's Legal Assistance Office
or may hereafter be provided by law.
 "The PA0 shall be the principal law office of the government in extending free legal assistance to
indigent persons in criminal, civil, labor, administrative and other quasi-judicial cases."
 Franking Privilege. - The PAO may transmit through ordinary mail and/or registered mail with return
card, free of charge, all official communications and papers directly connected with the conduct of its
duties, function and/or its exercise of administrative supervision over its personnel.
 MERITT TEST- if assistance of the PAO will be in aid or in furtherance of justice
 A case is unmeritorious if it has no chances of success, or intended merely to harass or injure the
opposite party or work oppression or wrong. PAO must decline
 Those residing in Metro Manila whose family income does not exceed 14k.
 Those residing in other cities whose family income does not exceed 13k
 Those residing in other places whose family income does not exceed 12k a month.
 INDIGENT LABORERS IN MERITORIUS LABOR CASES.
 Indigent alines
 Baranggay health workers
 Members of the national press club
 PNP MEMBERS from POI TO PO3
 Members of press photographers of the Philippines.
 Immediate family members and relatives up to 4th degree of consanguinity or affinity of public attorney.
 PAO personnel in criminal cases.

REPUBLIC ACT No. 6033

AN ACT REQUIRING COURTS TO GIVE PREFERENCE TO CRIMINAL CASES WHERE THE PARTY OR
PARTIES INVOLVE ARE INDIGENTS.

The term "indigent" shall refer to a person who has no visible means of income or whose income is insufficient for
the subsistence of his family, to be determined by the fiscal or judge, taking into account the members of his family
dependent upon him for subsistence.

REPUBLIC ACT No. 6034

AN ACT PROVIDING TRANSPORTATION AND OTHER ALLOWANCES FOR INDIGENT LITIGANTS.

REPUBLIC ACT No. 6035

AN ACT REQUIRING STENOGRAPHERS TO GIVE FREE TRANSCRIPT OF NOTES TO INDIGENT AND LOW
INCOME LITIGANTS AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF.

THE LAPID LAW

• REPUBLIC ACT NO. 9999

• AN ACT PROVIDING A MECHANISM FOR FREE LEGAL ASSISTANCE AND FOR OTHER PURPOSES
• This Act shall be known as the "Free Legal Assistance Act of 2010".

Republic Act No. 7309             March 30, 1992

 AN ACT CREATING A BOARD OF CLAIMS UNDER THE DEPARTMENT OF JUSTICE FOR VICTIMS
OF UNJUST IMPRISONMENT OR DETENTION AND VICTIMS OF VIOLENT CRIMES AND FOR OTHER
PURPOSES
 Award Ceiling. – For victims of unjust imprisonment or detention, the compensation shall be based on the
number of months of imprisonment or detention and every fraction thereof shall be considered one month;
Provided, however, That in no case shall such compensation exceed One Thousand pesos (P1,000.00) per
month.
 In all other cases, the maximum amount for which the Board may approve a claim shall not exceed Ten
thousand pesos (P10,000.00) or the amount necessary to reimburse the claimant the expenses incurred for
hospitalization, medical treatment, loss of wage, loss of support or other expenses directly related to injury,
whichever is lower. This is without prejudice to the right of the claimant to seek other remedies under
existing laws.

MCLE

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 • MANDATORY CONTINUING LEGAL EDUCATION (BAR MATTER NO. 850)

Continuing legal education is required of members of the Integrated Bar of the Philippines (IBP) to ensure that
throughout their career:
1. they keep abreast with law and jurisprudence,
2. maintain the ethics of the profession and
3. enhance the standards of the practice of law.

LEGAL ETHICS

That branch of moral science which treats of the duties which an attorney owes to the court, to his client, to his
collegues in the profession and to the public.
Legal ethics is designed to guard against abuses in the profession such as dishonesty, deceit, immorality,
negligence, sloth and many forms of malpractice

BAR AND BENCH

Refers to the whole body of counselors; they are the members of the legal profession; figuratively called the bar to
distinguish from the bench which denote the whole body of judges.

• Lawyer – a person authorized to practice law. A general term for a person trained in the law.
• Trial lawyer – a person who personally handles cases in court, administrative agencies. Engaging in actual
trial works.
• Practicing lawyer – one engaged in the practice of law.

• Counsel de offico – a counsel, appointed or assigned by the court from such members of the bar in good
standing who by reason of their experience and ability, may adequately defend the accused.
• He is a lawyer or attorney appointed by the court to represent a party, usually an indigent defendant in a
criminal case

PRACTICE OF LAW

• Means any activity in or out of court which requires the application of law, legal procedure, knowledge,
training and experience.

AMICUS CURIAE

Amicus Curiae – literally, “friend of the court”. Are experienced and impartial attorneys that may be invited by the
court to appear as amicus curiae

Champertous contract – A contract whereby the lawyer agrees to pay the expenses of litigation in return for the
agreement of the client to pay the lawyer a portion of the thing or property that might be won or recovered in the
trial or litigation. This is unethical for the lawyer and hence illegal.

Ambulance Chasing – the prohibited practice of a lawyer in constantly and unethically offering his legal services to
clients. This is unethical and is not allowed.

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