Court Testimony

Facts = is a thing done, and action performed or an incident transpiring; an event or circumstances, an actual
occurrence,; an actual happening in time or space or an event mental or physical; that which has taken place
(Blacks law Distionary).
Issue = is a justifiable controversy that courts of justice constituted to pass upon substantial rights to consider
questions in which actual interest are involved (Banco Filipino Savings and Mortgage Bank vs. Tuazon Jr., 425
SCRA 129, March 2004).
Bar = refers to the whole body of attorney or counselors; collectively, the members of the legal profession.
Bench = a term which denotes the whole body of judges (Black’s Law Dictionary, 6 th Edition, Page 148).
Client = One who engages the services of a lawyer for legal advice or for purposes of prosecuting or defending a
suit in his behalf and usually for a fee.
 Counsel de Officio = A counsel, appointed or assigned by the court, from among such members of the bar
in good standing who, by reason of their experience and ability, may adequately defend the accused.
 Counsel de Parte = is a counsel appointed or engaged by a client to represent him or assist him in the trial
of a case.
Amicus Curiae = literally, it means, a friend of the court. A person with strong interest in or views on the subject
matter if an action, but not a party to the action, may petition the court for permission to file a brief, ostensibly on
behalf of a party but actually to suggest a rationable consistent with its own views.
 Law = is a rule of conductor right. It is also defined as a rule of action prescribed by the supreme power in
the state for the government of human actions.
= in its generic sense, is a body of rules of action or conduct prescribed by controlling authority and
having binding legal force ( Black Law Dictionary, 6 th Edition, P. 884 ).
Cause of Action = is the existence of a right on the part of the plaintiff and a violation of this right by the defendant.
Right of action= is the right of a party to file a suit against a defendant on the basis of the cause of action. “The re is
no right of action where there is no cause of action.”
 Practice = is the application of an art or science as distinguished from theory which requires analysis of the
set of facts in their ideal relation to one another. (Balbastro, Trial Technique and the Practice of Law, 1989)
 Practice of Law = means any activity, in or out of court which requires the application of law or procedure.
Representation in court or any tribunal or agency, counseling or giving legal advice and drafting legal
documents are generally understood as practice of law. (Cayetano vs. Monsod, 201 SCRA 200)
 Trial = means proceedings in open court after the pleadings have been filed and the case is otherwise
ready for hearing, up to and including the rendition of the judgment (Crisostomo vs. Director of Prisons, 41,
368,370 (1921)).
Who May Practice Law in the Philippine Courts?
1. Any person who has passed the Bar examination;
2. Of good moral Character;
3. A member with good standing of the Integrated Bar of the Philippines;
4. Has paid his Professional Tax.
What are the requirements for admission to take the Bar?
1. Must be a Citizen of the Philippines;
2. At least 21 years of age;
3. Of good Moral Character;
4. A Resident of the Philippines;
5. Must produce before the Supreme Court satisfactory evidence of good moral character, and that no
charges against him, involving moral turpitude, have been filed or are pending in any court of the
Philippines.
6. A holder of the Bachelor Degrees in Law or it’s equivalent with a pre-law consisting of bachelors degree in arts
or sciences with any of the following as major or field or concentration: Political Science, Logic, English, Spanish,
History, Economics and Criminology.
A citizen of the United States of America who, before July 1946, were duly licensed of the
Philippine Bar, in active practice in the courts of the Phils., and in good and regular standing as such may, upon
satisfactory proof of those facts before the Supreme Court, be allowed to continue such practice after taking the
following Oath of Office.
Duties of Attorney
1. To maintain allegiance to the Republic of the Philippines. And to support the Constitution and obey the laws
of the Philippines.
 2. To observe and maintain the respect due to the courts of justice and judicial officers;
3. To counsel or maintain such actions proceedings only as appear to him to be just, and such defenses only
as he believes to be honestly debatable under the law.
4. To employ, for the purpose of maintaining the causes confined to him, such means only as are consistent
with truth and honor, and never seek to mislead the judge of any judicial officer by an artifice or false
statement of the facts or law;
5. To maintain inviolate the confidence, and at every peril to himself, to preserve the secrets of his client, and
to accept no compensation with his client’s business, except from him or with his knowledge and approval;
6. To abstain from all offensive personality and to advance of fact prejudicial to the honor or reputation of a
party or witness, unless required by the justice of the cause with which he is charged.
7. No to encourage either the commencement of the continuance of an action or proceeding, or delay any
man’s cause, from the cause of the defenseless or oppresed;
8. Never to reject, for any consideration personal to himself, the cause of the defenseless or oppressed;
9. In the defense of a person accused of crime, by all fair and honorable means, regardless of his personal
opinion as to the guilt of the accused, to prevent every defense that the law permits, to the end that no
person may be deprived of life or liberty, but by due process of law (Rule 138, Sec. 20, Rules of Court)
No person shall be deprived of life, liberty or property without due process of law nor shall any
person be denied of the equal protection of the laws. Art. 3, Sec. 1 1987 Philippine Constitution.
Should the lawyer depend a person accused of a crime that he personally believes to be guilty?
= Under the Canons of Professional Ethics (Cannon 2.1, A lawyer shall not reject, except for valid reasons,
the caused of the defenseless or oppressed.)
= It is the regardless of his personal opinion as to the guilt of the accused, otherwise, innocent person,
victims only of suspicious circumstances might be denied proper defense, to the end that no person shall be
deprived of life, liberty or property without due process of law.
Things that a lawyer must consider in the preparing for court case?
1. Study of the facts;
2. Preparation of the law;
3. Formation of the case hypothesis;
4. Formation of the theory of the case;
5. Consideration of certain preliminary matters;
6. Preparation and submission of the necessary pleadings;
7. Consideration of the different modes of discovery;
8. Availment of the Pre-trial procedure;
9. Interviewing witnesses for trial; and
10. Preparation of a trial brief.
I. Preparation of the Facts of the CASE
Preparation is very necessary in all cases for it is in its proper completion that a trial lawyer almost won half
of the case. A case arises because certain events took place, thereby causing pertinent facts to come into focus.
Facts and issue should be gathered through interview of client and witnesses, Examination of documents and
conduct of Independent Investigation. Factual issue should be carefully studied so as o prepare the necessary
arguments.
 Acquisition of the general, special and scientific knowledge.
 Collection of facts thru interview (clients and witnesses, Investigators and others) and investigating their
stories and following leads.
 Study of the facts;
 Marshalling the facts;
 Anticipating and preparing for opponent’s proof;
 Outlining the elements to be proved and possible defenses.
II. Preparation of the Law
If there are factual issues there are also Legal issues in all controversies. Trial lawyer should be very
resourceful in looking for the applicable laws and authorities to the case such as Statutory provisions, Judicial
decisions, Commentaries and citations and Analysis of Authorities.
 Study of the law applicable to the case.
 The recognition of the various proposition of law involved.
 The finding of favorable authorities for one’s cause of action or defense.
 Make a necessary legal researches.
 Marshalling the jurisprudence into an understandable and convincing.
III. Case Hypothesis
A supposition or conjecture made for the purpose of explaining or accounting for a fact.
With the facts and the statutory provisions and judicial decisions on the hand of the lawyer, he may now
proceed to the formulation of the case hypothesis sometimes in a number of propositions both favorable and
unfavorable to his client. This is in order to predict the possible theory of the case which the adverse party might
also adopt so as to anticipate the opponent’s case.
e.g. A case where a client would like to recovery a real property.
The following hypothesis maybe formulated:
1. The property was bought with the money of the client but was placed under the name of another in order to
make it appear that the latter has property to back up his credit.
2. The property was bought by the client but placed in the name of another due to his disqualification under
certain law.
3. The property was bought by the client but with the money of the other person and is in the name of the
latter until the client paid it.
IV. Theory of the Case
Once the case hypothesis has been settled by investigation and proof, the theory of the case emerges.
From the case hypothesis formulated, a particular theory will then be chosen which will be the basis in
determining the course of action to be taken in a particular case.
V. Preliminary Matters to be considered before commencement of court Action.
 Prescriptive Period;
 Jurisdiction and Venue and;
 Choice of the legal remedies available.
Prescription – is the time which is prescribed by the authority of the law at the end of which no action at law or suit
in equity can be maintained.
Acquisitive Prescription – a period of time at which its culmination will give raise for a right of action or acquisition of
some rights.
Extinctive Prescription – It refers to the time prescribed by law in which its end results to the prescription of crime.
In case of compound crime, the highest penalty shall be made the basis of the application of the rules contained
in the first, second and third and fourth items.
Prescription of violation of special laws or offenses not penalized by the Revised Penal Code but by special laws,
municipal ordinances is governed by Act No. 3326 (Dec. 4, 1926).
Unless otherwise provided in such acts the following shall be observed:
a. After a year for offenses punishable by only fine or by imprisonment for not more than one month or both;
b. After four (4) years for those punished by imprisonment of more than one month but less than tow years;
c. After eight (8) years for those punished for two or more years but less than 6 years; and
d. Twelve years for any other offense punished by imprisonment for six years or more, except in crime of
treason, which shall prescribed after twenty years.
Provided further that all offenses against any law or part of law administered by the Bureau of Internal Revenue
Shall prescribe after 5 years. Violations penalized by municipal ordinances shall prescribed after two months.
Computation of Period of Prescription
- Period of prescription shall commence to run from the day on which the crime is discovered by the
offended party, the authorities, or their agents, and shall be interrupted by the filing of the complaint or information,
and shall commence to run again when such proceedings terminate without the accused being convicted or
acquitted, or are unjustifiably stopped for any reason not imputed to him. (Art. 91 RPC)
“The term prescription shall not run when the offender is absent from the Philippine Archipelago”
Computation of Prescription of Penalties
Art. 93, RPC, The period of prescription of penalties shall commence to run from the date when the culprit
should evade the service of his sentence, and it shall be interrupted if the defendant should give himself up, be
captured, should go to some foreign country with which this government has no extradition treaty, or should commit
another crime before the expiration of the period of prescription.
Kinds of Jurisdiction in Court:
1. Original Jurisdiction
2. Appellate Jurisdiction
3. Exclusive Jurisdiction
4. Concurrent Jurisdiction
Requisites for valid Exercises of Jurisdiction:
1. Jurisdiction over the subject matter.
2. Jurisdiction over the territory.
3. Jurisdiction over the person of the accused.
LEGAL REMEDIES THAT MAY BE AVAILABLE FOR PARTIES TO A CASE
1. Provincial Remedies:
a. Attachment – A writ issued at the institution or during the progress of an action, commanding the sheriff or
other proper officer to attach the property, rights, credits or facts of the defendant to satisfy the demands of
the plaintiff.
- A provisional remedy by which property of the defendant is taken custody of the law as a security for the
satisfaction of nay judgment which the plaintiff may recover. This is usually availed of in criminal case when the civil
action for the recovery of the civil liability arising from the offense charged is not expressly waived or the right to
institute such civil action separately is not reserved.
b. Replevin – a provisional remedy which may be availed of whenever the complaint in an action prays for the
recovery of possession of personal property.
c. Sequestration – seizure of private property or assets to prevent the utilization, transfer, or conveyance of
the same to protect the interest of government or any of its instrumentalities.
d. Garnishment – a warning to a person in whose hands the effects of another are attached, not to pay the
money or deliver the property of the defendant in his hands, to him, but to appear and answer the plaintiff’s
suit.
e. Appointment of a Receiver – an appointment made by the court having jurisdiction over a case designating
a person (the receiver) to hold for preservation and conversation the property in litigation for the protection
of both parties.
f. Preliminary injunction – an order granted at any stage of an action prior to the final judgment requiring a
person to refrain from doing a particular act.
2. Extraordinary remedies (Special Civil Actions):
a. Mandamus – a writ commanding a tribunal, corporation, board of person to do the act required to be done,
when it or he unlawfully neglects the performance of an act which the law specifically enjoins as a duty
resulting from an office, trust, station, or unlawfully excludes another from the use and enjoyment of a right
or office to which such other is entitled, there being no other plain, speedy adequate remedy in the ordinary
course of law.
b. Qou-warranto – a proceeding to determine the right use or exercise of a franchise or office and to oust the
holder from its enjoyment, if his claim is not well founded, or if he has forfeited his right to enjoy the
privilege.
c. Certiorari – a writ issued to annul or modify the proceedings of a tribunal, board or officer exercising
judgment function who acted without or in excess of its jurisdiction or with grave abuse or discretion, there
being no appeal nor any preliminary, speedy and adequate remedy in the ordinary course of law.
d. Eminent Domain – the right of government to take the appropriate private property for public use upon
payment of just compensation.
e. Foreclosure of Mortgage – a remedy by which property covered by Mortgage may be subjected to sale to
pay obligation for which property stands as security.
f. Partition – in, general the separation, division and assignment of a thing held in common among those who
own them the thing itself or its value.
g. Prohibition – a writ commanding a tribunal, corporation, board or person whether exercising judicial
functions or not to desist from further proceeding when same are without or in excess of jurisdiction or with
grave abuse of discretion.
h. Forcible Detainer – is a summary, speedy and adequate statutory remedy for obtaining possession of
premises by one entitled to actual possession.
i. Forcible Entry and Detainer – a summary proceeding for restoring to possession of land by one who is
wrongfully kept out or has been wrongfully deprived of the possession.
j. Contempt of Court – any act which is calculated to embarrass, hinder or obstruct court in administration of
justice, or which is calculated to lessen its authority or its dignity.
k. Interpleader – an adequate proceeding to determine rights of rival claimants to property held by a third
person having no interest.
l. Declaratory Judgment – remedy for the determination of a justifiable controversy where the plaintiff is in
doubt as to his legal rights.
 3. Special Proceedings:
a. Settlement of Estate of Deceased Person
b. Escheat
c. Guardianship and custody of children
d. Trustees
e. Adoption
f. Recession and revocation of adoption
g. Hospitalization of insane person
h. Habeas corpus
i. Change of name
j. Voluntary dissolution of corporation
k. Judicial approval of voluntary recognition of minor natural children
l. Constitution of family home
m. Declaration of absence and Death
n. Cancellation or correction of entries in the civil registry
VI. Pleadings
Are the allegations made by the parties to a civil or criminal case, for the purpose of presenting the issue to be tried
and determined, such as the complaint, answer, reply, counter claim, cross claim, third party complaint, etc.
The purpose of a pleading is to present briefly and concisely the true points of controversy between the parties.
The first step in the preparation of pleadings is to determine one’s cause of action. This is finding out the basis of
the client’s claim against the opponent.
The Elements of a cause of action are:
1. The breach of duty owing by one person to another.
2. The damage resulting to the other from the breach;
It is said that a cause of action exist when the legal rights of one party have been invaded by another.
(Chalamers vs. Glenn, 18 SC 469, 471.)
PARTS OF A PLEADING
1. Caption – which states the (1) name of the court, (2) the title of the action, (3) the file number if already
assigned and (4) designation of the pleading.
In the complaint, the title of the action shall include the names of all the parties; but in other pleadings it
shall be sufficient if the name of the first party on each side were stated with an appropriate indication when there
are other parties. (Rule 7, Sec. 2)
2. Body – contains the statement of ultimate facts relied upon the parties for their cause of action of defense,
it must be divided into paragraphs properly numbered for identification.
3. Signature and Address – pleading must be signed by at least one attorney of record of the party concerned,
specifically his address.
4. Verification – an affidavit that the person verifying has read the pleading and that the allegations thereof are
true of his own knowledge. (Not based on information and belief nor knowledge, information and belief).
THREE KINDS OF CRIMINAL COMPLAINTS:
A. Complaint or a sworn written statement charging a person with an offense subscribed by the offended
party, any peace officer or other public officer charged with enforcement or execution of the law violate;
This is filed directly with Municipal Trial Court when there is no fiscal, for trial on the merits, or with the
Regional Trial Court where a person has been arrested without a warrant under SEC. 7, Rule 112 of Rules
of Court.
B. Complaint charging a private crime; and
C. Complaint filed with the Prosecutor’s (fiscal) Office or the MTC for Preliminary Investigation under SEC. 3,
(a) Rule 112 of the Rules of Court.
Complaint – is a sworn written statement charging a person with an offense subscribed by the offended party, any
peace officer or other public official charged with enforcement of the law violated.
Information – is an accusation writing charging a person with an offense subscribed by the fiscal and filed with the
court.
Parts of an Information:
1. Captions;
2. Text or Body;
3. Place and date of drafting;
4. Signature of the Fiscal (Prosecutor);
5. Certification of the fiscal that a preliminary investigation was conducted by him;
 6. List of witnesses to be presented;
7. Amount of ball recommended.
Answer
Is pleading in which a defendant or other adverse party sets forth the negative and affirmative defenses
upon which he relies. The answer may contain admissions or denials which the responding party may make.
A negative defense is the scientific denial of the material fact or facts alleged in the complaint essential to
the plaintiff’s cause of action.
An affirmative defense is an allegations of new matters which while admitting the material allegation of the
complaint, expressly or impliedly, would nevertheless prevent or bar recovery by the plaintiff e.g. fraud, illegality,
statute of limitation or possession, former recovery, discharge in bankruptcy etc.
Counterclaim
Is any claim for money or other relief which a defending party may have against an opposing party.
Where the answer contains a counterclaim, it is not deemed to be the last pleading in order that issues may
be considered joined; for a counterclaim is equivalent to a complaint against the plaintiff, and itself call for an
answer.
Cont.
Permissive Counterclaim may or may not raise in he answer in a particular case and is not deemed waived
if it is not so raised as it may be brought up in another case as a complaint itself or as a counterclaim. It needs to
answered.
Compulsory counterclaim is something that must be necessarily be put up in a particular case and failure to
do so will constitute a waiver and the same will be barred forever. Need not be answer.
Cross-claim
Is any claim by one party against a co-party arising out the transactions or occurrence that is the subject
matter either of the original action or of counterclaim therein.
Third-party complaint
Is a claim that a defending party may, with leave of court, file against a person not a party to the action,
called the third party-defendant, for contribution, indemnity, subrogation or any other relief, in respect of his
opponent’s claim.
Reply
Is a pleading, the office or function of which is to deny, or allege facts in denial or avoidance of new matters
alleged by way of defense in the answer and thereby join or make issue as to such new matters. If a party does not
file such reply, all the new matters alleged in the answer are deemed controverted.
If in a reply a party-plaintiff is not permitted to amend or change the cause of action as set forth in his
complaint, there is more reason not to allow such party to allege a new and additional cause of action in the reply;
otherwise, the series of pleadings of the parties could become interminable.
What are the Ancillary Matters in Criminal Procedure?
1. Bail and Recognizance (Rule 114)
2. Motion to Quash (rule 117)
3. Petition for Probation
Kinds of Bail
P – Property bond
C – Cash Bond
C- Corporate Surety Bond
R – Release on Recognizance
Grounds for Motion to Quash
 The facts charged do not constitute an offense.
 Lack of Jurisdiction over the offense charged
 Lack of jurisdiction over the person of the accused.
 That the officer who filed the information had no authority to do so.
 That it does not conform substantially to the prescribed form
 That more than one offense is charged except when a single punishment for various offenses is prescribed
by law.
 That the criminal action or liability has been extinguished.
 That it contains averments which, if true, would constitute a legal excuse or justification; and
 That the accused has been previously convicted or acquitted of the offense charged, or the case against
him was dismissed or otherwise terminated without his express consent.
Total Extinguishment of C.L.
1. Death of convict
2. Service of sentence
3. Amnesty
4. Absolute pardon
5. Prescription of crime
6. Prescription of penalty
7. Pardon by the offended party in private crimes
8. The marriage of the offended woman, (Art 344, RPC)
Different Legal Modes of Discovering Evidence:
A. By Deposition – written testimony of a witness given in the course of judicial proceeding, in advance of the
trial or hearing upon oral examination or in response to written interrogation and where opportunity is given
for cross examination.
B. By Interrogation – any party may leave of court, serve upon adverse party written interrogatives to be
answered by the party served or, by any officer competent to testify for a partnership or corporation.
C. Inspection of Documents or things – upon motion of a party showing good cause, the court may order any
party to produce and permit the inspection and copying or photographing of designated thing or document
not privileged which constitute material evidence or other party to permit entry to property land for
inspection, taking picture measuring or surveying.
D. Physical and Mental Examination of Persons – a procedure in which the mental or physical condition of a
party is in controversy may ordered by the court in which an action is pending.
E. Admission by Adverse Party – it is written request of a party served upon his opponent for admission by the
latter of the genuineness of ay relevant document or of the truth of any relevant matters of a fact as may be
allowed by the court upon proper motion.
“Doctrine of Fruits of the Poisonous Tree”
The product/ result of any illegal means would result to its inadmissibility as evidence in court.
VII. Pre-Trial
It is a conference called by the court for parties and their attorneys to appear before it for a conference for
purposes specified by the Rules of Court.
Under the new amendment, pre-trial is now mandatory not only in civil case but in criminal cases as well.
Pre-trial should not be taken lightly. Pre-trial under the revised rules of court is considered a Mandatory.
What are to be considered during the pre-trial in criminal cases?
1. Plea Bargaining;
2. Stipulation of facts;
3. Marking for identification of evidence of the parties;
4. Waiver to objections to admissibility of evidence; and
5. Such other matters as will promote a fair and expeditious trial.
Matters to be taken up at the pre-trial conference
1. The possibility of an amicable settlement or of a submission to arbitration;
2. The simplification of the issues;
3. The necessity or desirability of amendments to the pleadings.
4. The possibility of obtaining stipulations or admissions of facts and of documents to avoid unnecessary
proof;
5. The limitation of the number of witnesses;
6. The advisability of a preliminary reference of issues to a commissioner;
7. Such other matters as may aid the prompt disposition of the action.
Preliminary Conference = is a meeting called by the judge among the parties in a summary proceedings to take up
certain matters intended to simplify the issues and speed up the trial and decisions in a case.
Preliminary examination = refers to a previous inquiry or examination made before the arrest of the accused called
by a judge or officer authorized to conduct the same, with whom a complaint or information has been filed imputing
the commission of an offense cognizable by the RTC for the determination of probable cause.
Preliminary examination and preliminary investigation are resorted to before a criminal case is filed in court.
Strategy for pre-trial conference
1. Review of the pleadings (overview of the case)
2. Examine the Documentary and testimonies of the witnesses in a form of affidavits and depositions; if there
is any.
 3. Preparation of a pre-trial brief.
4. Mastery of the facts and law of the case to formulate and decide issue s that are to be brought out during
the conference.
5. Determination of the possible outcome against or in favor so as to be ready when the courts suggest for an
amicable settlement.
6. Also determine the value s in order to advise properly the client what to expect and how to react or even make a
counter offer at the right moment during the conference.
7. Know what to admission to make and what admission to request from the other party as well as the nature and
extent of the stipulation which ha can enter into with the opposite party.
Contents of the Trial Brief
Preparing case for trial
1. Conferring with witnesses
a. Refreshing the witness memory
b. Finding strength and weakness
c. Avoiding communication gaps
d. Articulating ideas properly
e. Manner and attitude in courtroom
f. Familiarizing with procedure and courtroom atmosphere.

Preparatory steps for trial

1. Motion to set case for trial
2. Subpoena for attendance of witnesses or for production of evidence
Subpoena ad testificandum
Subpoena duces tecum
3. Request for admission, interrogatories & depositions
4. Postponement of hearing
TRIAL
15 days to prepare for trial after arraignment.
within 30 days from receipt of the pre-trial order ---- trial shall commence.
within 30 days from the date the court acquires jurisdiction over the person of the accused ---- order a pre-
trial conference.
180 days ------ period of the trial.