MTC Prac Court Written Report
MTC Prac Court Written Report
MTC Prac Court Written Report
practice of law in the Philippines, or has held a public office in the Philippines requiring
admission to the practice of law as an indispensable requisite.
Every Metropolitan Trial Judge shall be appointed to a metropolitan area which shall be his
permanent station and his appointment shall state branch of the court and the seat thereof to
which he shall be originally assigned. A Metropolitan Trial Judge may be assigned by the
Supreme Court to any branch within said metropolitan area as the interest of justice may require,
and such assignment shall not be deemed an assignment to another station within the meaning of
this section. x x x
CIVIL CASES
1. The grant of provisional remedies in proper cases, and all probate proceedings, where the
value of personal property, estate or amount of demand does not exceed Php 200,000
exclusive of interest, damages, litigation and other expenses (in Metro Manila, the
amount should be Php 400,000.);
2. All cases of forcible entry and unlawful detainer;
3. All civil cases which involve title to or possession of real property or any interest therein
where the assessed value does not exceed Php 20,000 and in Metro Manila Php 50,000
exclusive of interest, damages, litigation and other expenses;
4. Civil cases under the rules on Summary Procedure;
5. Civil cases involving Small Claims;
6. Inclusion and exclusion of voters;
7. Petition for Habeas Corpus;
8. Other civil cases, except probate proceedings, where total amount of plaintiffs claim is
not exceeding Php 100,000 and in Metro Manila not exceeding Php 200,000 exclusive of
interests and costs;
9. May be assigned by the Supreme Court to hear cadastral or land registration cases where
there is no controversy or opposition over the land or in case of contested lands, the value
does not exceed Php 100,000.
CRIMINAL CASES
1. All offenses punishable by imprisonment not exceeding six years, regardless of the fine or
other imposable accessory or other penalties including the civil liability;
2. Where the only penalty is a fine of not more than Php 4,000;
3. Offenses involving damage to property through criminal negligence, the MTC has exclusive
original jurisdiction;
4. Those covered by the Rule on Summary Procedure;
5. Application for bail in criminal cases in the absence of RTC judges.
by complaint or by information shall be prosecuted under the direction and control of a public
prosecutor. In case of heavy work schedule of the public prosecutor or in the event of lack of
public prosecutors, the private prosecutor may be authorized in writing by the Chief of the
Prosecution Office or the Regional State Prosecutor to prosecute the case subject to the approval
of the court. Once so authorized to prosecute the criminal action, the private prosecutor shall
continue to prosecute the case up to end of the trial even in the absence of a public prosecutor,
unless the authority is revoked or otherwise withdrawn.
The Public Attorneys Office, known and abbreviated as PAO, provides lawyers to indigent
parties in case they will not opt to get their own attorney. The court shall provide them with their
counsel and this is the PAO lawyer assigned to that particular branch.
Under R.A. 9406, the PAO shall independently discharge its mandate to render, free of charge,
legal representation, assistance and counselling to indigent persons in criminal, civil, labour,
administrative and other quasi-judicial cases. In the exigency of the service, the PAO may be
called upon by proper government authorities to render such service to other persons, subject to
existing laws, rules and regulations.
Defence counsels are engaged to ensure that your side is properly presented and to challenge the
elements of the crime or if rights are violated based on factual circumstances and documentary
evidence.
Conduct of Hearing
Before everything else starts, upon arrival of the Judge, everyone in the courtroom must must
stand up and pray the ecumenical prayer for the courts. The clerk of court shall now call the
cases schedule for that particular session.
English is the language of the law and the courtroom. We observed that hen a witness testifies in
Filipino or any dialect, the court interpreter translates what was said into English. The counsel
presenting the witness or the opposing counsel can propose what the correct interpretation is. If
what is said in Filipino or any dialect cannot be interpreted appropriately, or if it is important to
retain the testimony as it is, a manifestation is made by the counsel.
We also observed that in cases the accused could not be located during the trial, the court orders
the confiscation of the bond and the case is then archived so that the prescriptive period wont
run. In case the accused is bonded, the court orders the bail bondsmen to bring the accused to
court.
As law students, actual court proceedings are very helpful in understanding more the theoretical
concepts we have learned in school and at the same time gives us an idea on what we will be
experiencing in practice. Relying on our subjects like Practice Court, Legal Forms, Trial
Techniques or Evidence, we are able to gauge ourselves on how the legal profession is like and
how important it is to know the laws by heart. We should watch as many courtroom hearings as
we can so that if we pursue litigation, we have an edge and we are already familiar to how
judicial proceedings are conducted.