University of San Carlos

School of Law and Governance

College of Law

Court Observation In Partial Fulfilment

of the Requirements for the Course

LEGAL PROFESSION (LLB 126)

Submitted by:
ESBER, Kate Eloise P.
ESPAÑA, Lorebeth L.
GONZALES, Ma. Belinda M.
EH 308MC

Submitted to:
JUDGE AMY ROSE SOLER-RELLIN

December __ , 2018
a. What is the incident/proceeding about (arraignment, motion hearing, presentation of
witness, pre-trial, preliminary conference, etc)?
The group observed various proceedings inside the court. The first incident was a
“Judicial Dispute Resolution” about a case of “Qualified Theft”. The defendant was not present
at that time and only the lawyer represented him in the hearing. The fellow-accused did not meet
the required offer by the opposing party to compensate their crimes, therefore, the judge suggested
to the accused if she wants to ask for a plead of guilt or not, yet she didn’t. The resolution was then
rescheduled next year.
The next Proceeding that we’ve seen was a “Trial” in RTC branch 10 presided by Hon.
Soliver C. Peras. It was a case regarding a “Violation of Sec.6, Art II of RA 9165”.
In the case of People vs ROMEO SABAS LARESMA, the witness, Isidro Austria (PDEA
Agent), presented the facts that will prove the prosecution of the accused Laresma. As recalled by
the witness, a reliable informant tipped them regarding a buy-bust operation going-on in Spolarium
St. Cebu City. This led the team to execute an entrapment operation.

The witness, who acted as one of the bogus buyers of Shabu, was invited by the said accused in
his home. Upon entering the accused’s house, the witness saw 3 other persons performing a “drug
session”. Drug paraphernalia were scattered in the room of the accused and Laresma, then, went
under his bed to get the shabu item being purchased by the witness. Upon receiving the item,
Austria gave him the money and after confirming that it was indeed shabu, one of the team
members of the PDEA who came with the witness, did a “Body and “Frisk” procedure to Laresma.
Soon enough, the rest of the team members of PDEA came inside the house of the accused and
arrest Laresma and the others who were caught in act using drugs.
b. Comment on the interaction that the lawyer(s) has/have with the judge, opposing counsel,
parties, witnesses and/or court personnel
One thing we observed in the court room was once a hearing started, the atmosphere
becomes serious and authoritative. You cannot enter or barge easily inside the court room because
it may disrupt the on-going trial. There are also designated places for the Presiding judge, lawyer,
court interpreter, stenographer, witnesses, and trial observers which highlighted the significance
of “The Bench and Bar”.

The lawyer and the judge became hostile with each other. Most of the time, the judge will allot
around 15 minutes or less for motion for pleading or judicial disputes resolutions. If ever the other
party did not arrive on time in the hearing, it will immediately be rescheduled by the judge or they
will proceed to another case where both parties are present and go back to the previous case while
waiting for the both parties to be complete.
The judge would also consider the availability of the lawyers on the rescheduled hearing to assure
that he/she can represent his/her client well. Before leaving the court, a lawyer will give respect
and ask the judge if he or she may be permitted to leave the court.
In regards with a witness, once he/she finished with his/her statements, the lawyer will start to ask
questions with accuracy to prove the witness’ credibility. He or She may also ask the witness to
point out and identify the accused in the scene of the crime. Evidences would also be presented in
the case and all discussions inside the court were conversed in English. Once the witness on stand
talked in vernacular language, a court interpreter would immediately follow and translate what
the witness’ was saying to the lawyer who was performing a cross examination or inquisition.

The lawyer and the opposing counsel may be unreceptive inside the court, yet after the hearing,
everything will be back to normal and some may be friendly with each other afterwards.
If a judge would suggest or ask the accused whether he or she will plead for guilt, the lawyer will
automatically explain it to his/her client. The lawyer, at all times, would decide on the best interest
of his/her client.

C.) What are your observations, critique, and learning from the activity?
Court observations provide an avenue for aspiring law students like us to see the real
practice of the profession inside the court. Prior to the observation proper, we had to comply with
certain proceedings before we were given the permission to observe in the court. Apart from
convenience, we decided to observe in the RTC Branch 10 of Cebu because it mostly catered to
drug related cases. It was indeed not a surprise, equipped with the fact that this present
administration had War on Drugs. Given this matter, it facilitated great interest within us to observe
how a trial on a drug related case would look and sound like.
Now to the observation proper, the court room was big enough to accommodate
approximately seventy people. It had shelves with huge piles of documents which are like archives
of previous cases decided by the court. The Christmas decorations inside the court also annexed a
light and more welcoming environment for all the people. However, even if the court room looked
pleasing to the eyes in its totality, there are a number of things which we believe were irrelevant
in the “sala” just like the dishwashing soap at the far left corner of the court. It is without dispute
that what a court looks like would reflect the personality of the judge.

Upon contemplation, it registers that the people really observe proper decorum as well as
the proper dress code and give the court the respect that is duly accorded to it. To our impression,
the judge was very warm and he looked highly respectable; the legal counsels were all sitting with
high self-esteems, ready to defend their clients at whatever cost; and the court staff were all
accommodating and prompt in executing their own roles.
On entrance of the judge from his chamber, the hearing commenced by starting with an
ecumenical prayer and before a case is heard, its number and title is read out loud by the interpreter.
We observed that hearing a case really has formalities and the judge is treated with due respect.
The judge was explaining to the detainees the proper remedies they could avail for in order to
shorten their stay in prison. Furthermore, the detainees were given proper aid by the defense
counsel from the Public Attorney’s Office who was eager in explaining to the accused their rights
as well as the nature of the case and the crime they are charged with. The accused who were
detainees were asked whether or not they were guilty and before being given the chance to answer,
the legal counsel would approach them and explain to them what possible consequences might
arise if ever they pleaded guilty.
Before choosing what case to narrate in this paper, we had a take on different incident or
proceeding where there was motion to plea bargaining agreement and judicial dispute resolution,
among others. As mentioned earlier, we observed the trial on the case of People of the Philippines
against Romeo Sabas Laresma wherein there was a presentation of the first witness for the
prosecution. As much as it was not similar to the hard core trial questioning in the Hollywood
movies we usually see, the trial was exciting enough to get our full attention. The fiscal was
enthusiastic in asking the witness different questions that would affirm the identity of Romeo
Laresma as the seller of Methamphetamine which is otherwise known as Shabu. He made it look
so easy that any aspiring lawyer would want to be someone like him. A number of evidences were
also presented and confirmed by the witness which adds greater weight in proving the guilt of the
accused.
The court proceeding was generally swift, jumping from one case to another. However, we
would like to deliver two points of criticism. First is that everyone should give reference to the
time especially the time of the judge. Second, while the trial was on-going, several people were
going in and out of the judge’s chamber which diverts the attention of the people especially that it
produces a loud noise.
Our two cents on the activity is that being a lawyer is not a piece of cake even if you have
been practicing the profession for several years already. The lives and fate of those who are
accused and jailed in prison depend on you. We recognize that the law is harsh and there is no way
out if ever someone has wronged a person or the state because that is really the law. However,
even if the law is harsh, as a lawyer, one should exhaust all possible means in order to defend his
client. The principle of lex talionis is evident here wherein a wrong done should be punished
accordingly by serving sentence in the prison. Another point is that system of justice in our country
is very slow. Maybe this is coupled with the fact that the number of cases filed every day is not in
proportion to the number of courts we have in this country. In fact, different several cases are heard
every day which is very burdensome for the judges. It is indeed worthy to take note that the
profession of law is not a money making matter but should rather be a “chain or words strong
enough to imprison even the powerful”, as per Raul Roco. The court has magic of its own by
solving the problems that pervade our society. Having this activity gives us the drive to strive hard
and become members of the Integrated Bar in God’s time.

D.) What can you say about litigation or trial practice and the competencies needed to thrive
and succeed in the said field?
The litigation or trial practice is in itself tiring but the fact that a lawyer is able to set foot
in the four corners of a court is fulfilling enough. Trial practice entails researching and exhausting
all the means and methods necessary to put your client at an advantage. Litigating is also a
manifestation that learning does not end once you become a lawyer. One would be in constant
pursuit of knowledge, it being the latest jurisprudence in this case, in order to gauge the winning
stance of your party. Trial practice is not for everyone; which is the reason why certain skills must
be possessed by a lawyer in order to be the best trial lawyer he could be.
In order to succeed in this field, a lawyer must be bold enough to stand before a crowd
inside the courtroom. One must be resilient, confident, and competent in order to execute a good
performance in the court. The best trial lawyer has in depth knowledge of the law and the legal
procedure. Apart from having a thick skin, a lawyer must pay attention to the small details and
must have good analytical and evaluative skills. These are important when it comes to questioning
the witnesses. Although leading questions are deeply frowned upon inside the court, one must be
able to extract information from the witnesses that would be of great help to your side. One should
be evaluative by being able to fill in the gaps and loopholes, by knowing which questions are worth
asking and which are not. A good preparation in court connotes being able to anticipate the
arguments of the other side so it will not come as a surprise during the litigation proper. It is
without doubt that a good lawyer must know the legal material that must be consulted with regard
to the case at bar. This is where the researching skills play part. One must be patient enough to
search through a number of cases that have similar facts and issues with the case at bar and learn
how the court decided such cases. One must be a good researcher not only of the legal content that
could support the case but also of evidences that would put the opposition on the losing ground.
Among others, a lawyer must also have good ethical skills. One must understand and
practice the code of conduct by heart. Being a team player in this field is necessary because as a
lawyer, one would work hand in hand with his client and researchers and all else who might play
a role in the litigation of the case. Commitment and client service are consequential in order to be
at the pinnacle of success. But the best advantage of a trial lawyer would always be his drive
towards attaining justice and giving everyone what is due to him.