EBROLE, Lucky April M.

9 August 2016 PRACTICE COURT 1

COURT OBSERVATION REPORT

This is a report regarding a court observation done 4 August 2016 at the Sala of Hon.
Dennis P. Vicoy, Presiding Judge, RTC Branch 20. Hearing of cases is set to start 8:30
AM, however reading of cases started around 9AM since parties for the cases set on
the said day were not yet around. The Prosecutor and the counsel of the different
accused whose cases are set to be heard that day were already present.

The court proceeding began by standing up as the Judge Vicoy entered the courtroom.
This was followed by an “official” prayer; then the reading of cases. Everyone in the
courtroom was reminded to observe silence. There were sixteen (16) cases set to be
heard that day.

The first case for that day was dismissed due to the death of the accused. The accused
in the next case was charged with two different offenses – illegal possession of firearm
and violation of the election gun ban. He was arraigned that day and pleaded not guilty
on both charges. The third case involved violation of a provision of RA 9165:
Comprehensive Dangerous Drugs Act of 2002, to which the court found that the
accused was not yet arraigned. The presiding judge ordered his arraignment that
moment and he pleaded not guilty to the offense. Most of the cases that day were
postponed and set to be heard or were re-scheduled on 6 October 2016.

In particular case, the accused expressed his desire to plea to a lesser offense but such
was not decided yet since the consent of the offended party was needed. Such party
cannot decide at that moment whether they will consent to the plea bargaining
agreement. Another case that day was also submitted for decision of the court for the
prosecution does not have any rebuttal evidence.

The last case for that day involved calling a witness to the stand. He is to identify the
corpus delicti. The witness was PO3 Gerardo and the prosecutor presented him of
twenty (20) sachets of alleged shabu to which he must identify the nine (9) sachets that
were recovered from the accused the time she was apprehended. The witness can no
longer identify the 9 sachets he got from the accused. Atty. Winfreno Luza, the counsel
of the accused, crossed the witness. He asked whether they made markings on the
shabu sachets recovered when they apprehended the accused and whether there were
any barangay or other local officials and media present when they seized the items.
PO3 Gerardo testified that the markings on the sachets were made at the police station
and that he did not see the actual inventory but only that he was told that the inventory
was done. There were also no media or local officials at that time. After that the defense
rests its case and its next hearing was set on 8 September 2016.

Apart from the hearing, it can be observed that the court follows an entire formal
process in the proceeding. The counsels and the prosecutor has to make their motions
clear and the judge must also restate the motion and his action so as to be written on
the records.

The session for that day ended around 11:30AM.