PRATICE COURT and TRIAL TECHNIQUES |1
SY 2015 – 2016 Judge Maglana
7.11.15
PROPER DECORUM IN COURT
I. Standing: Instances when the lawyer has to stand
 When the Judge enters the courtroom;
 When a lawyer makes a manifestation;
 Everytime the lawyers talks to the Judge, he
has to approach the bench and stand;
 When the lawyer makes an appearance;
 When the lawyer makes an oral motion;
 When the lawyer simply says he is ready with
his case;
 When the lawyer leaves the courtroom;
II. Sitting
 Sit properly.
 How you sit will show how you respect the
bench.
 Sit properly even while observing other court
proceedings or even if you are not part of the
proceedings.
III. How to make an argument.
 When you argue, argue with precision.
 When you discuss, discuss with diplomacy.
 When you object, you give your ground. For
example, “Objection, your honor. Misleading!”
 If the opposing counsel objects because you are
asking a leading or misleading question, you
can say, “With all due respect, Your Honor, I’m
on cross.” If you realize that you are really
asking a leading or misleading question, you
can say, “I will rephrase my question, Your
Honor.”
o If the objection is sustained, you just
admit and say, “Very well, Your Honor.
I will just rephrase my question.”, or
ask another question if the Court
allows.
o If the objection is overruled, you can
say, “Thank you, Your Honor. May I
proceed.”
IV. Presentation of Witness
First step: Formally offer the testimony of the witness.
 For example:
“I am formally offering the testimony of the
witness, Your Honor, to prove (state purpose of
presentation).”
 If you are offering the testimony, you offer
orally.
 If you are offering oral testimony, the formal
offer must be before the start of the
testimony.
If you are offering documentary evidence or object
evidence, you offer it orally or in writing only after the
end of the presentation or marking of documentary
evidence.
V. Leaving the court
If your case is over and you are through with
arraignment, you have to ask permission from the court
to leave.
For example, “Permission to leave, Your Honor.”
COURT PROCEEDINGS
1. The first thing that happens in Court everytime
there’s a hearing is the Judge enters the
courtroom, everybody rise, the Court is in session.
Everybody should stand.
2. The SC has mandated that it’s mandatory for all
courts to pray the ecumenical prayer.
3. The Judge bangs the gavel three times, that’s the
time you’re allowed to sit down. It means the Court
is ready for the proceedings.
4. The Judge asks either the Clerk or the interpreter
to call the cases.
5. When the cases are called, lawyers enter their
appearances. The Judge will ask, “Appearances”
when the case is called.
For example:
 “Good Morning, your Honor. Appearing for the
Peaople.”
 When the case has been called several times
already: “Good morning, Your Honor. Same
appearance for the
defendant/accused/plaintiff.”
 If it is your first time to appear in Court:
”Good Morning, Your Honor. I am Atty. XXX,
entering my appearance as counsel for the
accused/plaintiff as private prosecutor under
the supervision of the Public Prosecutor.”
6. Make a manifestation as to your readiness for
arraignment, etc.
For example:
 Prosecutor –
“We are not yet ready for today’s arraignment,
Your Honor.”
“We are ready for pre-trial.”
“We are ready for arraignment.”
 If there are some amendments –
“We would like to move for the amendment of
the information/complaint, your honor.”
 Resetting –
Lawyer: “We would like to move for resetting,
your honor. (Then give your reason.)”
Judge: “What is your pleasure for the Court?”
All the cases will be called, then go back to the first
case. Then, trial, arraignment, plea bargaining, etc.,
proceeds. The Court will give you time to discuss with
your clients. The whole session proceeds. There are
times, in the middle of the Court session, that the
lawyers will be called by the Judge to approach the
bench. To give time, the Judge will allow recess in the
middle of the morning session or afternoon session.
 PRATICE COURT and TRIAL TECHNIQUES |2
At the end of the morning session or afternoon session,
the Judge says, “The Court is adjourned.” The Judge
bangs the gavel, you stand and do not leave the Court
if the Judge is still at bench. Wait for the Judge to
leave the Courtroom before you leave the bench.
If you leave while session is going on, you ask
permission, that’s the rule. The rule is for the lawyers
to exercise courtesy. Remember that all lawyers
appearing in Court are officers of the Court.
Do not come to court without being prepared or else
you will be scolded.
You can tell the Court if you are not prepared (e.g. “
With all due respect , Your Honor, this representation
is not prepared to proceed with the case because
_______” ) .
If you were absent the last time, the Judge will call
your attention. If you were fine, you’ll be asked if you
have paid the fine.
If you are late, you give reasons and justifications why
you are late. Do not allow the Judge to wait for you. It
should be you who should wait for the Judge.
ARRAIGNMENT PROPER
What is important in arraignment is that it should be
made in open Court, the information or complaint is
read to the accused in the dialect known and
understood by him and the accused is given a copy of
the complaint or information.
Usually, if the case is called for arraignment, the
counsel for the accused will say, “We are ready for
arraignment, Your Honor” the Court will say “Alright,
proceed, arraign the accused”.
But before arraignment, you can be asked by the Judge
if there is a plea bargain, that’s why it’s called
arraignment and plea. If there is a plea bargain, you
bargain that the accused will plead guilty to a lesser
offense, you bargain with the complainant and the
Public through the Public Prosecutor.
It is also important during arraignment that the private
complainant is present, unless what is involved is a
case without a private complainant (mala prohibita).
If during the arraignment, the accused refuses to enter
a plea, a plea of ‘not guilty’ will be entered for him.
The accused will be asked to sign a Certificate of
Arraignment. The information shall be read in toto and
the accused will be asked ,” are you guilty or not?” .
The accused will be asked, “Do you have a lawyer?”
”No Your Honor”
“Do you want to get a lawyer of your own choice?”.
That’s the case if there’s no lawyer appearing for the
accused. Then, if the accused will say, “I cannot afford
to have a lawyer” the Judge will ask, “Would you like
that the Government will give you a lawyer?”.
If the accuse would say Yes, the Judge will have the
discretion to appoint a public attorney assigned in his
Court or appoint a legal aid lawyer by the IBP and reset
the case or if there is the PAO lawyer, the PAO lawyer
is given a time to confer with the accused or just reset,
or whoever is present in Court, private lawyers, all of
you appearing in Court may be the counsel of the
accused only for purposes of arraignment.
SY 2015 – 2016 Judge Maglana
Sample:
Judge: “I hereby appoint you as counsel for the
accused for purposes of today’s arraignment.”
Lawyer: “I accept, Your Honor, please give me time to
confer with the accused. May I have three minutes to
talk with the accussed, Your Honor?”
After arraignment, the Judge would say, “ The accused
pleaded not guilty to the offense charged, therefore,
enter a plea of not guilty in the records of this case
and set the case for mediation/ pretrial/ preliminary
conference etc. Atty. A is hereby relieved of her
appointment as counsel for the accused.”
Scenario:
The accused is charged with the crime of robbery and
would like to plead guilty to a lesser offense.
Lawyer for the accused: “Your Honor, the accused
would like to plead for the lesser offense of theft
charged against him”
Judge: “The Prosecutor is directed to confer with the
private complainant if he or she approves of the plea
bargaining”
Judge: *to the lawyer for the accused* “Have you
talked to the accused? Is he ready to the arraigned
now?”
Lawyer for the accused: Yes, Your Honor
Judge: And what about the civil liability? Is the accused
willing to pay the civil aspect of the case?
Lawyer for the accused: Yes, Your Honor
Scenario:
The accused is not ready for arraignment
Lawyer: My sincere apology , You Honor, the accused is
not present in Court because (state reason).
“With all due respect Your Honor , I beg to disagree “,
“ With all due respect
Your Honor, I would like to move that the
opposing counsel be
penalized/+ned” “Respectfully appearing Your Honor
for the Defendant”)
With all due respect, Your
Honor, this representation is not prepared to proceed
with the case because
8.29.15
CRIMINAL CASES
I. Presentation of Evidence
A. Preparation
1. Know the Facts thru:
a. Affidavits;
b. Documentary/Object Evidence;
c. Interview of witnesses
2. Establish your theory
3. Study the following:
a. Nature of the case;
b. Evidence available;
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SY 2015 – 2016 Judge Maglana

c. Witnesses; iii. Witness to supply personal circumstances

d. Law or provisions applicable, including iv. Formal offer
jurisprudence; and
v. Preliminary questions shall be asked
e. Timeliness
vi. Attached documents should be identified
B. Judicial Affidavit one by one
C. Determine documentary/object evidence as
against witness
9.5.15
D. Determine the scene of the crime
Reception of prosecution/defense evidence
 Only if necessary.
 Statement of the witness should be believable.
 Ask the court if you can have ocular inspection.
 Testimony must be material and concise.
 Possibility or impossibility of the crime.
 What are involved?
o Personality of the witness
II. Direct Examination
o Witness’ integrity
Stages:
o Quality of the witness
1. Direct Examination
 Witness must be very familiar with the
2. Cross documents attached before the witness is
presented.
3. Redirect
4. Recross  The witness must be prepared and must review
the attachments before presentation.

One-witness-at-a-time Rule
III. Cross Examination
 The witness must undergo all the stages before
Object of the Cross Examination
proceeding to the next witness.
 To make the testimony of the witness
believable.
Purpose of Direct Examination
 To disprove the statement of the witness by
 To prove fully and completely all the elements considering:
necessary to establish the right of the litigant to a
favorable order. o Time element
o Sequence of events

Quantum of Proof  To create doubt.

 Proof beyond reasonable doubt

Scrutinizing documents

What happens in the direct examination?
1. Present all the elements of a crime.
2. Present a picture of your cause of action.
3. Present your story of the case.
4. Present the witness to advance your cause of
action or tell the story.
5. Present object or documentary evidence
corroborate your story or cause of action.
6. Exploit the witness to prove your case –
a. Ask the witness to identify the accused,
documents, objects, signature, etc.
b. Judge may ask clarificatory questions
c. Lawyers can object to protect client’s interest
d. During the preparation, all elements must have
been established.
 Make reference to the document (Judge’s
example – 11 hours)
Rule on leading questions
 Not allowed during direct examination.
 Allowed during cross examination because
witness already provided facts to establish the
to case.
 Make sure that leading questions will not lead
the witness to strengthen or advance the other
party’s theory of the case.
IV. Redirect Examination
Object of the redirect examination. To support or
elucidate what has been mentioned or was destroyed
during the cross.

e. How to present the witness

i. Present the purpose V. Recross

ii. Witness to take an oath Object of the recross. To discredit the witness.
 PRATICE COURT and TRIAL TECHNIQUES |4
9.19.15
CRIMINAL CASES
I lectured already about, first, when a case is filed in
court by the fiscal. The procedure follows:
1. Arraignment;
2. Pre-trial/Plea bargaining;
3. Trial Proper;
a. Prosecution
b. Defense
4. Rebuttal;
5. Surrebuttal;
6. Judgment;
7. Promulgation of sentence
This is the usual procedure. But before this, before the
case is filed in court, whether in the MTC or RTC, there
is investigation from the fiscal’s office. While the case
is pending, you can file different petitions. What are
these petitions?
ARRAIGNMENT
*Before arraignment
1. Petition for Bail
 Situation: While a case is pending, accused has
been arrested and the case is bailable.
 Petition is filed before the office of the
Executive Judge even before the case is raffled
in multi sala courts. In single sala courts, the
petition is filed before the Presiding Judge.
Thereafter, you must obtain the fiscal’s
signature as a sign of the latter’s conformity.
2. Motion to Reduce Bail
 The case must also be bailable.
 The Judge has the discretionary power to
approve the reduction of the bail up to 50%.
Sometimes, the Judge can even reduce the bail
to more than 50% but this is very rare. The
usual practice is 50% reduction.
3. Motion to defer Arraignment with Motion for
Reinvestigation
4. Motion to Quash the Information
 You ask for said motion if you think there is
something wrong with the filing of the case or
when there is no cause of action.
*After Arraignment and if the Case in Non-bailable
1. Petition for Bail on the Ground that the Evidence of
Guilt is Not Strong
 This is the only ground allowed in non-bailable
cases.
SY 2015 – 2016 Judge Maglana
*After Arraignment and the Accused Pleads Guilty
 Wala na, tapos na. Judgment and sentencing na
ang next.
*After Arraignment and the Accused Pleads Not Guilty
 The case will proceed. You will then enter pre-
trial and trial proper.
PRE-TRIAL
During this stage, you will have to submit:
1. Judicial Affidavit;
2. Plea Bargaining proposal;
3. Others.
If you think that the client is guilty or if your client is
really guilty, you have the following options:
1. Ask the Court for a lesser penalty;
2. You can also settle with the private complainant;
3. Enter into a plea bargain;
4. Enter into mediation proceedings, if the case is
mediatable;
 Mediation usually lasts for 30 days. Sometimes
the mediator would ask for an extension of
time and the Court, usually, allows it.
5. Motion for Extension of time for parties to settle
the civil aspect of the cae (if mediatable, e.g.
estafa, theft, robbery, illegal recruitment, usually
mala in se).
In all these, pwede ka pa maka-file ng Motion for
Postponement.
Of course, if your case is non-bailable, your client
would have to be detained from day 1 until the last day
of the case. If your client is in jail but needs to be out
for valid cause, you can file:
1. Motion to Allow the Accused to be Released;
 For example, when the client is in dire need of
medical attention which could the jail facilities
could not provide.
2. Motion to Allow the Accused to Attend Burial;
 This is allowed only when the deceased is a
member of the accused’ immediate family. The
Court will allow this by reason of culture.
 The accused must also be escorted by
securities by the jail warden.
TRIAL PROPER
*Presentation of Prosecution and Defense Evidence
How about if you’ve already presented everything, but
when you reviewed, you realized that there is still a
need for you to present additional evidence. What are
your options? You can file the following:
1. Motion to file additional evidence; or
2. Motion to submit additional documentary
evidence.
 PRATICE COURT and TRIAL TECHNIQUES |5
NB: These matters are allowed only if these are taken
up during the pre-trial. Matters not discussed during
the pre-trial are not allowed to be presented during
trial.
However, we have what we call newly discovered
evidence. In such a case, we can file –
3. Motion to Present Newly Discovered Evidence
 This is also a ground for the filing of a
Motion for New Trial or Motion for
Reconsideration.
Another situation is if there are questionable pleadings
or matters –
4. Motion to Expunge
 This is to strike out whatever testimony of
so and so.
Other motions that can be filed during the trial proper:
5. Motion to Stipulate
When the trial of a case is over, you can ask the court
for a period to file memorandum, both for the defense
and prosecution. You already know what a
memorandum is, right? It is like a position paper, a
summary of your case. Most of the judges welcome
memorandum because it would be easier on their part
to evaluate the case.
*Formal Offer of Evidence
When you are done, the defense and prosecution, you
then have to make a formal offer. You are given a
period of 15 days within which to file a formal offer of
documentary evidence. Whether you are for the
defense or prosecution, if you are done with all your
testimonies, you have to file a formal offer of
documentary and object evidence. The Court will then
rule on its admissibility.
If you are the opposing party or counsel, you can make
comments on the formal offer of evidence. Whatever
pleading is filed, you can make a comment or
opposition. After the comment or opposition, the other
party will have its turn.
JUDGMENT
When judgment comes, there is already a decision, the
court will schedule the promulgation of judgment –
whether for conviction or acquittal.
Sentence will be read.
SENTENCING
1. Motion to defer commitment – this is filed if ever
the sentence is lower, e.g. murder to homicide.
2. Appeal – must be filed within 15 days from
promulgation of judgment
3. Application for Probation –
 Must be filed within 5 days from
promulgation of judgment. However, this is
allowed only in cases where the sentence is
less than 6 years.
 If the court will give due course, it will
order the probation office to conduct an
SY 2015 – 2016 Judge Maglana
investigation. After 60 days, the probation
office will file a cross-sentence
investigation report. If the probation office
provides that your client can avail of the
probation benefits, another promulgation
of probation order will have to be
conducted. The court will have to
promulgate an order which would give your
client an order to abide to the conditions of
probation.
CIVIL CASES
Now, we go to Civil Cases. What is the procedure?
1. Complaint;
2. Answer;
3. Pre-trial – There is a new rule now. Here, if ever
the case is mediatable, the Court will order that it
be set for mediation. In case mediation fails,
proceed with JDR proceedings. In the JDR
proceedings, it is the Judge who will settle the
case;
4. Trial;
5. Judgment;
6. Execution
Note that mediation and JDR are part of the pre-trial
stage. Failure to appear, on the part of the
prosecution, in the mediation or JDR is a ground for
dismissal of the case. Failure to appear on the part of
the defendant, the other party can present evidence
ex-parte.
ANSWER
After the complaint is filed, what happens? In your
answer you can have:
1. Motion to Dismiss
 This motion may be filed on different grounds
(res judicata, jurisdiction, etc.)
 This may be filed in lieu of the answer or you
can file an answer with counterclaim.
2. Answer with affirmative defenses
1. In such a case, you can file a Motion to Hear
Affirmative Defenses. Instead of proceeding with
the pre-trial, ipapa-hear mo muna ang affirmative
defense mo because if the defense is valid, e.g.
lack of jurisdiction, wala ng kaso. If there is such
motion, there are, of course, comments or
opposition from the other party. And if there are
comments and/or opposition, expect that there are
replies.
If the Court orders that the issues have already been
joined by the defendant. The case will proceed to pre-
trial.
PRE-TRIAL
The court will order the setting of the case for
mediation. If mediation fails, the case will be set for
JDR. If the JDR fails, the case shall then be raffled to
another court for trial proper. Why? Diba the JDR is
 PRATICE COURT and TRIAL TECHNIQUES |6
SY 2015 – 2016 Judge Maglana

conducted by the Judge. Hence, to avoid biases or

partiality, another court has to try it.
However, if the mediation is successful, the Court will
then have to render a decision based on the
compromise. Whatever compromise agreement,
submitted by the parties, it would be the basis for the
decision of the Judge. The same if the case is settled in
the JDR proceeding.
Same with the criminal cases, you have to file:
1. Pre-trial Brief
2. Judicial Affidavit – filed 5 days before the pre-trial;
3. Motion to Stipulate Ahead of the Pre-trial;
4. Motion to defer trial for Parties to have time to
Settle – In case your client has a change of heart;
During pre-trial or even before pre-trial, you can apply
the rules on Modes of Discovery. You can file:
1. Motion for Bill of Particulars;
2. Request for Admission;
3. Motion for Ocular Inspection
 Only if there is a need, e.g. when there is a
dispute as to the boundaries of a land subject
of a dispute.

TRIAL PROPER
Of course, in the course of the trial, you have the
following:
1. Motion to Expunge;
2. Motion to Strike Out the Testimony of so and so;
(basta marami)
There are cases that would call for provisional
remedies. For example, if you have a complaint with a
prayer for preliminary injunction. If you have this
prayer, automatic yan, you are asking for a TRO. In
such a case, there must be a hearing. So you have to
file a motion for it.

END OF FIRST SEMESTER.