Aiko Frances Sagusay 2009-05913

Reaction Paper on Court Visit: Ascend Innovative Solutions vs. JJJAR Compuprint, Inc.

My first visit to court proved to be an exciting and tiring hunt for the right courtroom that would admit and let in spectators. And later, a highly edifying two hours. After combing through all the staff and court rooms in all the levels in the Hall of Justice in QC and being spooked by the detainees in yellow who to me seemed like barbarians, we finally found one. About time. The hearing, which turned out to ex parte, had only just begun. The case we witnessed concerned an IT company (the plaintiff, also the one presenting in this hearing) demanding for the return of a Php1.1 M printer that had been sold 10 months ago which had finally broken down. At first, only the counsel, Atty. Lozada, who was in a pristine white barong, dominated the dialogue in the room, with occasional grunts and clipped answers from the judge (if I remember correctly). He was getting documents listed as exhibit this and that, appealing that each original copy be compared with photocopied ones. I smiled as the first witness got sworn in before the judge, as to my thinking this scene has always been reserved only for something Id get to see in television. Two of the court staff stayed at a lower desk, one taking notes, the other assisting in confirming the authenticity of the document. At first it was hard to understand what this was for and why the rest of the proceedings went on as they did and so I just stayed there with my neck craned forward in a futile attempt to catch the witnesses barely audible voices, my eyes wide as they took in the festive Christmas decorations still attached to the wall, the deceptively relaxed posture of the judge. As the case progressed though and more familiar words like chattel mortgage started to get strewn into the exchange (I found myself nodding at this), it was easier to relax. And I was surprised to realize how much I enjoyed watching. This hearing had its highs and lows. It started slow, starting with the presentment of all the necessary documents and the two witnesses (the selling firms president and head technician) and picked up only the two instances when the judge specifically addressed the witnesses. Some of the documents presented were the exaggeratedly (the customer firm got serviced at a minimum of twice a month) numerous service reports, the document signed by the customer that certified their receiving the equipment in good form. I was amazed at how eloquent the judge was with his questions, although I pitied the technician when the judge translated his questions to Filipino when it was his turn (well, the technician was not quite answering correctly). Also, the first time the attorney opened his mouth actually, I felt amusement at how he versed his sentences very similarly to how the articles in the Civil Code are written (like in Do you swear to having seen the signing of the same?). Now if only he had not constantly scratched his back (even inserting his hand into his pants from the back) throughout the whole of the session, I think I would have thought him very grand. Out of the plethora of things that I had been able to witness, what struck me the most was when the judge asked both witnesses the question somewhere along the line, Would the defendant able be able to operate normally if I were to rule in your favor and give you back the printer? Think me overrated but this was a moment for me. I had for the longest time thought of the law as something quite black and white in terms of

punishing offenders and according rewards to those who faithfully follows it. I think this misconception of mine had been changing for the months weve been discussing oblicon and law in the classroom but this, finally, was hard proof of that of what happens in practice (I hope). Its not really all just about meting out penalties and rewards. Ive only always just associated the law and the courtroom as the place from whence people come out chained and to forever be jailed for life (for criminal cases, as Ive learned from this class). But no, because, really on the other hand, its also a place where justice and yes, fairness, prevails. My first court experience is definitely one to repeat. In the future, I can just imagine myself hitting the courts rather than the mall. Not to get prosecuted of course.

-fair is fair, youre not to get punished in black and white terms, discretion ng judge -overwhelming, but relaxed when some of the familiar words already discussed in class were starting to get strewn into the conversation -

Facts of the case: selling company being the plaintiff in an ex parte preliminary hearing presenting its witnesses (its employees: president and technician head have been so far presented) and setting/appealing for a period for the submitting of documents

a printing business that had bought a Php1.1M tarpaulin printer bought 10 months before that had finally broken down demanding in return (as the defendant) what the selling firm (the one presenting in this particular preliminary hearing) thinks an absurd amount given how the defendant is the one whos had problems from the very beginning, failing to maintain and clean the printer heads properly. The customer firm had stopped paying its monthly installments (but a check had bounced, causing the plaintiff to think that the defendants been but making lame excuses to avoid paying). This certain customer was reported to be a particularly difficult one, sending for the IT companys technician with perpetual complaints about the equipments printing quality, saying how the terms in the warranty arent even sufficient. They sent a demand letter, demanding to be paid and compensated with what the selling firm thinks an aburd amount given that the previous was the one who had issues, and how the selling firm claims it has most diligently followed its protocol in dealing with customers e.g. training, and even replacing a printing head when this was certain act is not stipulated for in the contract.