COURT PRACTICES

COURT AWARENESS
AND
CONCERNS
Introduction:

The purpose of this module is to educate our

investigator on basic investigative education of our law
enforcement today in the Philippine National Police as regards
in testifying in court is concerns, It abounds in legal and
judicial forms drawn from actual litigations, as concrete
illustrations of factors that have weighed heavily in the scales
of justice and spelled the difference between success and
failure in specific cases. Indeed, the outcome of a considerable
number of suits has hinged on questions relating to the form
or substance of pleadings, some apparently innocuous or too
technical, particularly for layman, which may account for the
feeling of frustration of many defeated litigants, a number of
whom might have otherwise had substantially meritorious
claims.
LEARNING GOAL:
The purpose of this Module is to equip
the student /investigators with the knowledge
of the law and the administration of justice,
and aid the prosecution and bring the
offender to the fold of law and see to it that
the justice had been done.
LEARNING OBJECTIVES:

At the end of the course, the

participants will be able to learn the real
processes of court awareness and court
proceedings, such as court demeanor, cross
examination procedure, court proceedings
and court trial proceedings.
• To make other documentary requirements in filing a
complaint/inquest proceeding until the justice had been done.
• Ensure the admissibility of documents needed for prosecution of
the offender.
• Familiarize on the procedural process in filing a criminal
complaint.
• List the different modes of investigation and on how to manage
court pressure with respect to the cases being handled by the
investigator on the field.
• Apply different techniques of laws, procedures and
jurisprudence.
• List several modes of consultation with the prosecutors.
• Train and educate the participants on the program of instruction
subject for CIC in order for them to have a good understanding
the kind of training the students of CIC in different regions will
be undergoing.
A. COURT DEMEANOR as define; it is
a proper conduct in court like proper
attire, courteous language, obedience
to court proceedings and observe
with utmost care while in the court
room.
B. CROSS-EXAMINATION as define; is the
interrogation of witness upon a trial hearing, or
taking a deposition, by the party opposed to the
one who produced him, upon his evidence given in
chief, to test its truth, to further develop it.
Now, the student must come to know as a witness of
the prosecution, you are obliged to be cross-
examined if opposing counsel desires. Cross-
examination typically involves the opposing
attorney attempting to weaken earlier testimony.
Consequently, your testimony may be attacked on
the following arguments:
• Lack of opportunity to know; the witness was not in a
position to see that which he described;
• Mental or sensory deficiencies; the witness may have
had defective or impaired vision or hearing;
• Inattention; the witness was doing something else
before and at the time of the occurrence;
• Faulty memory; the witness can only naturally
remember better the spectacular, the unusual, the
dramatic but not the ordinary and commonplace;
• Suggestion; the witness may been influenced by indirect
suggestion from conversations with other witnesses or
a lawyer or even by the principle of crowd psychology;
• Unsound judgment; the witness may have
overestimated say certain distances or measurements.
C. MOOT/MOCK COURT-PE 3 days

The students will be divided in to

four (4) groups, each group well be having
actual presentation in moot/mock court trial
in actual cases being studied by the group
during their research period.
• There will be situations in which law
enforcement officer must testify in court
regarding his involvement in one particular
case, although testifying may seem
intimidating at first, but later on when the
process go more smoothly.

Appearance and manner.

1. Arrive at court early
2. Dress neatly and appropriately (use GOA “A”)
3. Be courteous with all court personnel
D. COURT OBSERVATION – PE 3 days

During the actual court observation, student

should learn on how the presiding judge, the
witnesses, the public prosecutors, private
prosecutors, clerk stenographer, police and bjmp
and others do their part.
The witnesses should only be asked to testify
on facts relevant to the case. Although you must
answer any question posed by the examining lawyer
(unless told not to by the judge) you maintain the
following rights as a witness;
1. To be protected from irrelevant,
improper or insulting questions
2. Not to be detained longer than
necessary.
3. To be asked questions only on matters
pertinent to the case.
4. Not to give as answer which will
implicate you in a crime or wrong-doing?
5. Not to give an answer which will
degrade your reputation unless it is an
issue relevant to the case?
E. DIRECT EXAMINATION

The important thing

that should be considered
during the cross-examination
recross-examination, direct
examination and redirect
examination, are;
1. Speak clearly and slowly.
2. Listen carefully to the question; answer only what is
asked.
3. If a question cannot be fairly answered with a yes or
no, say so.
4. If an objection is made, the question should not be
answered; if you have begun to give an answer, stop
immediately.
5. Never lose your temper or allow yourself to become
nervous or agitated.
6. Answer the question in your own words; do not try
to memorize answers ahead of time.
7. Above all, tell the truth.
THINGS TO REMEMBERED BY A WITNESS

1. Master the facts of the case.

2. Read all pertinent documents immediately before the hearing.
3. Look at the defense counsel and concentrate when she asks
you a question.
4. Direct your answer to the judge.
5. Address counsels as “Sir” or “ma’am” and the judge as “your
Honor”.
6. Do not argue with defense counsel.
7. Give concise and responsive answers.
8. Be confident but not arrogant.
9. Be consistent on major points of your testimony.
10. Do not look at the prosecutor for clues to what you should
answer.
ORDINARY APPEAL ON CRIMINAL PROCEDURE- TO
KNOW YOU’RE REMEDY IF THE DECISION IS
ADVERSE.

a. SC
Rule 45 petition for review on
certiorari on pure question of law
CA
Rule 42 through verified petition
for review
RTC
Notice of appeal with MTC
MTC
 b. SC
Rule 45 petition for review
on certiorari on pure questions of law to be
filed with SC
CA
Notice of appeal (cases
less than D, RP, LI) on questions of fact and of
law or mixed

RTC (its original jurisdiction)

 Please be reminded that the period
of appeal shall be interrupted by a timely
motion for new trial or motion for
reconsideration. It is ruled that no motion for
extension of time to file motion for new trial
or reconsideration shall allowed

c. SC
Notice of appeal
CA
Notice of appeal
RTC (if the penalty RP, LI)
 d. SC
Automatic review
CA
Automatic review, case
forwarded automatically to CA to renders
judgment but refrains from entering
judgment, the case is certified and elevated
to the SC for final review.

RTC (Death)
In Civil cases as well as the criminal case
Question of Law and Question of Facts are
often times raise.

e. SC
Rule 45 (pure Question of law
SB (Sandiganbayan) imposes or
affirms a penalty less than D, RP, LI
 QF- issue regarding the truth falsity of the
statement of fact

f. SC
Notice of Appeal
SB (SG 27) tried the case its
exclusive and original jurisdiction where
penalty imposes is RP, LI
 Henceforth, all case tried by the
ombudsman shall be appealable to CA,
if the case was administrative if criminal
it is appealable to SC via Rule 45
petition for review on certiorari.

g. SC
Automatic review
SB (Sandiganbayan)
exclusive and original jurisdiction if the
penalty imposed death.
 h. SC

SB (appellate jurisdiction
and imposed or affirmed penalty) Notice of
Appeal if decision by the RTC is D, RP, LI

RTC
 i. RTC reverse order of dismissal?.the case will
remand to MTC to conduct appropriate proceedings.
Affirms- if it has jurisdiction, it should try
the case as if it has been originally filed with it. If it
has no jurisdiction the case remains dismissed.

MTC the MTC tried the case but with out

jurisdiction and it rendered judgment. The Remedy?
Party adversely affected should appeal to the RTC
w/o prejudice to the right of the parties to submit
additional pleadings or evidence
SUMMARY:
In this module, the participant’s student investigators
have come to know that in legal battles, a person’s life, right,
liberty or property is at stake. The police investigators and
police lawyer are duty-bound to handle cases with meticulous
care. It is of common knowledge that numerous cases which
have been meritorious were lost even before trial commenced,
for having been trapped in a web of technicalities. Some were
jeopardized because the pleadings or testimonies presented
before the court were short on important details. this trainings
on Criminal Investigation Course having the full benefit of the
vast experience, provides a wealth of information on the
investigative techniques and skills, we fervently hope that this
training modules will contribute in some measure to the
pursuit of our vision that we educate the entire investigators in
the field nationwide that is independent, effective, efficient
and worthy of public trust and
• confidence; and the police profession shall provides ethical,
accessible, and cost-effective police service as field
investigators to our county-men as a whole.
• At the end of the day, the students perform practical
exercises regarding the Moot Court and Court observation
during actual court trials and proceedings.
• With regards to this course, the module and out-line,
the participants will have the working knowledge on the trial
procedures as well as the presentation of evidence in court.
• This lesson plan provides the participants with the
proper exercises and critics on the basic procedures of proper
presentation and observation during court trial.
• This will also answer some legal implication on failure
and procedural lapses during the presentation of evidences,
and the court trial proceedings.
BAWAL MATULOG