Legal Counseling
Friday 5:30-7:30pm
Group 6
Andaya-Borja, Catherine
Jumalon, Erika
Letada, Ma. Cassandra
Macabangon, Jalalin
Manguni, Jeanifer
Palma, Karen
Pasion-Golberg, Sandra
Ragiles, John Paul
GRASSROOTS
PRACTICE COURT
BASIC ROLE OF A TRIAL LAWYER
The paramount objective of a successful trial lawyer is to understand the lawyer’s
basic function. The basic function of the lawyer is to see to it that he wins his case, not by
fair or foul means, but to convince the court of the validity of your client’s cause of action as
buttressed by the evidence, that your client is right and that he deserves the favourable
judgment and reliefs that you are praying the court to grant.
Tasks as a lawyer
- To present all evidence that is necessary in order to comply with all the legal
requisites of your cause of action or your defense that will comply with the theory
aspect of trial work
- To know when to present a particular evidence so that it will have the most impact
- Know how to conduct or ask questions to your witnesses so that it will be the
witness speaking to the court rather than you.
- To have not only right timing but right order
- To keep out inadmissible evidence
- To expose the weaknesses of your opponent’s case and the usual method is through
cross-examination.
- In cases when the Court refuses your evidence to be admitted although admissible,
to find a way of preserving your record so that if the judgement is ultimately
rendered against you then it can be reviewed on appeal and the appellate court can
take into account the evidence that the trial court improperly excluded
OFFER OF EVIDENCE
or PRESENTATION OF EVIDENCE
The offer of evidence starts with the direct examination, otherwise called as examination in
chief.
- The first step that the lawyer should take is to state the purpose of the offer, and the
purpose for which it is presented, for which the witness is going to testify.
- The purpose must be restated during the stage of formal offer of evidence which
consists of documentary exhibits and the testimonies of the witnesses.
- The stage immediately precedes the manifestation from counsel announcing to the
court that he is resting his case.
- The case is deemed submitted for decision the moment the party rests his case,
unless the parties desire to submit written memoranda or briefs.
A case is decided on the basis of the evidence duly presented and admitted by court.
- A case is won or lost depending on how well or badly you conduct the direct
examination or during pre-trial stage and even the early stage of formulation of
pleadings.
- When a party fails to deny under oath an allegation in plaintiffs pleading, in which
case such party is deemed to have admitted having committed, has practically lost
his case. If by availing of discovery procedure, you have obtained relevant and
crucial admissions from the adverse party you have practically won your case without
having gone to trial.
During the period of arraignment where plea bargaining comes to play, a party may win his
case so to speak, or may be able to obtain a favourable concession that amount to victory.
- By use of skilful negotiation techniques, a clever practitioner can save his client if he
succeeds in convincing the trial prosecutor and the offended to agree to a plea of
guilt to a lesser offense.
We are often deluded into believing that court litigations are won or lost by an effective
cross examination as portrayed in the television shows. However, in reality, especially here
in the Philippines. A case is won or lost depending on how well or badly you conduct the
direct examination.
Much of the success in conducting an efficient direct examination depends upon your skill in
interviewing first your client and then your client’s witnesses.
1. Interview of client and witness
2. Cardinal rules in direct examination
According to Atty. Diokno, “Make your questions brief, simple, follow the same order
that you prepared and when it comes to identifying documents do it in the most natural
way.”
3. Laying the Predicate
a. Telephone Conversation;
Q: On (state the date), did you receive a telephone call?
Q: At what time?
Q: Where?
Q: Did you recognize the person at the end of the line?
A: Yes, it was Mr. Y.
Q: How did you know it was Mr. Y?
A: First because he identified himself as Mr. Y and also because I had spoken with
him many times before, personally and by phone, and I know his voice.
Q: What was said by Mr. Y?
A: Mr. Y said xxx, I said xxx etc.
b. Telegram;
Q: Please examine the telegram, marked as Exhibit A, and tell the Court if you
recognize it.
A: Yes, sir.
Q: Why do you recognize it?
A: Because I received this telegram from a messenger of the Bureau of Post on
(date).
Q: Exhibit A purports to have been sent by defendant X. Do you know whether X
really sent you Exhibit A?
A: Yes, sir.
Q: How do you know?
A: I wrote to defendant X mentioning the telegram and he replied to my letter.
(Identify correspondence), or: I received confirmation copy of the telegram signed
by Mr. X, or: I sent him the goods that the telegram Exhibit A ordered and he did
not return the goods to me (or acknowledged receipt of the goods).
c. Expert Witnesses;
Elements of proof:
• Possession of required license;
• College Degrees held with dates;
• Specialized studies or training during college;
• Length of practice;
• Kind and type of practice and experience in field of subject matter of
testimony;
• Membership in professional organization;
• Whether witness teaches or has written books or articles on field of
specialization;
• Whether witness teaches or has taught specialty; knowledge of literature on
specialty;
• Part experience testifying as expert in field;
• Knowledge of fact of case;
• Opinion; reasons for opinion; and, aids to arrive at explained opinion.
d. Photographs;
Q: How long have you been a professional photographer?
Q: Do you have a license?
Q: Do you have any office or place of business as professional photographer?
Q: Have you ever testified in Court before as a professional photographer?
Q: How often?
Q: In what courts?
Q: What did you undertake to prepare yourself for your career as a professional
photographer? (See other elements under expert’s elements of proof)
e. Lay Witnesses
Q: Where is your home located in relation to the intersection of X and Y streets?
A: My house is located at the north corner of the intersection.
Q: Were you already living there on the date of the incident?
A: Yes, sir.
Q: How long before that date were you living there?
A: For about a year
Q: Please look at these photographs (Exhibit 1-A, 2-A) do you recognize the scene
shown in the photograph?
A: Yes, the picture shows the corner of X and Y streets.
Q: Is your home shown in the photo?
A: Yes, sir. It’s here on Exhibit 1-A and Exhibit 2-A.
Q: On the date of the incident is the condition of the intersection same or different
from the condition shown in the photograph?
A: The same, sir.
GRASS ROOTS
PLEA BARGAINING
- First move usually comes from the defense counsel and the venue may be inside or
outside courtroom
- May either be weeks or months or immediately before the arraignment
- In cases where a plea has already been previously entered but before trial, plea of
guilty to a lesser offense must be preceded by a formal motion from accused’s
counsel withdrawing his former plea, which must be reflected in the order of the
court. No amendment of the complaint or information is necessary.
Cases that may be subject of plea bargaining
Murder to Homicide Rape to Act of Lasciviousness
Frustrated Murder to Attempted Qualified Seduction to Simple
Murder or Attempted Homicide or Seduction
Serious Physical Injuries Attempted Homicide to Direct
Frustrated Homicide to Attempted Assault
Homicide or Serious or Less Direct Assault to Simple Resistance
Serious Physical Injuries or Disobedience to Person in
Attempted Homicide to Serious or Authority or His Agent
Less Serious Physical Injuries Death Resulting from Tumultous
Serious Physical Injuries to Less Affray to Serious or Less Serious
Serious Physical Injuries Physical Injuries
Less Serious Physical Injuries to Robbery to Grave Coercion
Slight Physical Injuries Forcible Abduction to Consented
Robbery with Violation or Abduction
Intimidation or with Force upon Grave Oral Defamation to Light
Things to Simple Theft Oral Defamation
Violation of P.D. No. 532 to Simple Acts of Lasciviousness or
Theft Attempted Rape to Unjust Vexation
Qualified Trespass to Dwelling to Open Court Proposals and Counter
Simple Trespass Proposals
Consent of Fiscal and Offended Party
Consent of both are required in plea of guilty to a lesser offense
Prior consent not required if accused decided to plead guilty to the crime as
charged in the information or complaint.
Form of Plea-Bargaining Agreement
No particular form prescribed
Plea of Incomplete Self-Defense
Accused to interpose plea of incomplete self-defense is predicated on the
presumption that the accused can prove at least two elements of complete self-
defense, namely:
a. That unlawful aggression did not come from the accused;
b. That he is not guilty of sufficient provocation; and
c. That there is reasonable necessity of the means employed to repel or prevent
the aggression
Effect of plea – A penalty lower by one or two degrees than that prescribed by law
shall be imposed
Reversed procedure in plea of incomplete self-defense
Upon arraignment, accused responds by admitting the commission of the act but
qualifies that he did so in the act of defending his person, his relative or a stranger.
If the accused makes a conditional plea of guilt or makes statements that qualifies
his guilty plea by giving reasons for committing the act complained of, or if he
refuses to plead, a plea of not guilty shall
be entered in the record.