Notes On Dot
Notes On Dot
Notes On Dot
Lecture Outline
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Atty. N.E. Villanueva
Notes on “Diokno on Trial”
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Atty. N.E. Villanueva
Notes on “Diokno on Trial”
Presentation of Evidence
The first question to be asked is why are we presenting
evidence?
On what is our task as trial lawyers?
To let justice triumph.
Functionally, our task as trial lawyers is to convince the court
that our client is correct.
In short, we are glorified salesman seeing our product.
Don Ramon Diokno, Sen. Jose W. Diokno’s father. His client’s
would ask “mananalo ba tayo?” (Are we going to win the case?)
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Atty. N.E. Villanueva
Notes on “Diokno on Trial”
And when you begin to believe lies, you are deceiving not
somebody else but yourself.
The lawyer QUINTILLAN in 88 AD said: “the advocate must
be skilled in speaking but above all he must possess the
quality which is best and the way nature of things the
greatest and most important – that is, he must be a good
man!!”
He further said, those of us in the practice “There is no
greatest benefit that we can confer our clients than this, that
we should not cheat by giving them empty boast of success.”
In short, an honest lawyer tells his client that his case is no
good when he thinks that it is no good.
The first requisite for an effective presentation of evidence is
integrity on the part of the lawyer.
Judges have often told “him” of some of our brethren or the
bar who they will not believe even if they come to court with
30 witnesses.
2nd The 2nd important quality of a lawyer is Courage.
A lawyer with courage will persuade a judge much more
easily than a lawyer without courage.
When the judge knows you will fight him all the way, as
high as necessary, you can be sure that the judge will study
your cases very well and make sure that the judgements, if
they are going to be against you, are well studied.
The practical reason why we have to have courage – our job
is to prosecute – to fight.
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Atty. N.E. Villanueva
Notes on “Diokno on Trial”
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Atty. N.E. Villanueva
Notes on “Diokno on Trial”
the stance of the evidence and law into the stronger and most
persuasive picture of his client’s case. He does this normally in this
jurisdiction not by oral argument but by written memoranda.
IMPORTANT: Briefly, the specific tasks of a lawyer: 1.
Conduct direct examination and present exhibits; 2. Make objections
and motions to strike out; 3. Cross-examine, impeach and rebut; 4.
Re-direct and corroborate; 5. Make offer of proof; and 6. Submit
persuasive memoranda.
* You may not know how to cross examine and make objections
but if you planned your case then you have a much better chance
than a brilliant cross examiner who has gone to court without a plan.
Things to Do
A. Control
B. Pleadings
C. Facts
D. Law notes
E. Motions
F. Pretrial
G. Plaintiff’s case
H. Plaintiff’s exhibits
I. Defendant’s case
J. Defendant’s exhibits
K. Trial
L. Rebuttal
M. Arguments or Trial memorandum
N. Evaluation.
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Atty. N.E. Villanueva
Notes on “Diokno on Trial”
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- He has now the basis to prove his point because his next
witness was a CPA, who testified, according to his
computation based on the percentage of profit, my client’s
husband owned 69% of the partnership capital. So on that
basis, his client having no children, approximately 55%
belong to her as the surviving spouse.
- EXAMINE THE DOCUMENTS CAREFULLY INCLUDING
THOSE FROM CLIENT
- Most of the come from clients
- Contracts, letters, documents you depend on your client to
furnish you with the necessary data
- Caution: never accept your client’s documents without
submitting them to a very thorough examination
- Ex. Acknowledgement of a natural child:
The woman gave a letter admitting the parentage of
the child
But there are other documents signed by the man and
when compared, the letter turned out to be fake.
- THINKING FOR CROSS-EXAMINATION
- Ex. Rape: one of the most important factors that is
considered by the courts, especially when the girl is young
and still living with the parents is when she was free, she
did not report the rape to her parents. Why? The normal
reaction of a girl who has been raped the moment she is free
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and she sees her mother is to cry and say what happened. So
if she did not, then may be the rape was with consent.
- RULE: if it is possible in your first or two questions on cross,
put the witness off-balance
- HOW:
- You may know something about the witness that can affect
his credibility that he does not know you know.
- Ask questions that will bring out some inconsistencies with
his answers
- But some judges will tell you that cross-examination is
overrated. It is only in exceptional cases that a case is won or
loss by cross-examination. 95% of cases are won or lost by the
strength of the direct evidence and the ability to present it in a
way that it convinces the judge.
- This means you have to know the judge, not in the improper
way, but you have to know how the judge’s mind works, how he
reasons.
- 1st impression judges
- 2nd, last impression judges.
7. Present and offer your evidence effectively and preserve
excluded evidence for appeal
(How do I offer and present evidence at the trial?)
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