Reaction Paper (Trial)

USON, NICHOLE JOHN O.
April 27, 2017

JD4201 Civil Procedure
Reaction Paper (Trial)

On April 18, 2017, I, with my colleagues observed a trial for a civil case in Quezon
City Hall of Justice. At first, we had a hard time finding a court that hear civil cases on that
day which happened to be a Tuesday. In Quezon City Hall of Justice, normally, the courts
hear civil cases on Monday and Thursday. Some courts that have civil cases assigned
on that day rejected our request to conduct an observation maybe because of the
sensitivity of the topic. Some just rejected our request because the court wanted prior
notification before we conduct observation.
Luckily, one branch accepted our request. In Regional Trial Court Branch 92, many
civil cases were assigned on that afternoon involving initial hearings, examination of
witness, presentation of rebuttal evidence and other stages. We entered the court room
by 1:00 pm since the start of the court hearings was 2:00 pm. However, the proceedings
did not start by the said time for unknown reasons so we decided to go to the court who
accepted our request to observe a Judicial Dispute Resolution. It was already 3:30 pm
when we finished observing the dispute resolution and head back to Branch 92.
Fortunately, the judge did not scold us when we entered the court room considering that
the present case that was heard on that time makes him irritated. On that case, the
examination of the witness was not allowed by the judge since the lead counsel for that
case was absent. The judge was so infuriated that he imposed a fine on the lead counsel
for being absent on that day and the examination of the witness was at a standstill until
the lead counsel pay for the fine. On the next case that was heard, it involves a special
proceeding for a last will and testament. It was on the direct examination and cross-
examination of witness stage to testify whether the notarial books was executed properly
and without regularity. The defense counsel before the direct examination started already
raised his objection that the witness is incompetent but the judge told him that he will
assess whether the witness is incompetent to testify. The witness is a branch clerk which
job is to receive and check notarial books. On the direct examination, the witness testified
intelligently but during the cross-examination the judge noticed that the witness laughed
and smiled on the counsel questioning her on some point of the examination. The judge
then asked why the witness laughed while testifying, he asked “What’s funny?” and then
bombarded the witness with questions. By this, I realized how such court proceedings
must be taken seriously whether you are a counsel, a witness, a clerk, even an audience.
We must be reminded that once we enter the court room, we are talking about laws and
rights and not comic matters. During the cross-examination, the judge stated that the
witness was incompetent because as branch clerk considering she is tasked only to
receive and check notarial books, it is not within her competence to determine the
regularity of the notarial books and that only the court can determine whether the entries
in the notarial books are regular or irregular. With this, the judge said that the witness was
incompetent and she was usurping the power of the court. At the end, the case was
submitted for hearing after the submission of respective memoranda of both parties. After
that case, the judge adjourned the court proceedings.
USON, NICHOLE JOHN O. April 27, 2017

JD4201 Civil Procedure
Reaction Paper (Judicial Dispute Resolution)

It is true that it is difficult to find a court that hear a Judicial Dispute Resolution or
that will allow an observer to such court proceeding. On April 18, 2017, I, with my
colleagues, tried to search for a court that will hear a Judicial Dispute Resolution in
Quezon City Hall of Justice. It was hard to find one since aside from the fact that Judicial
Dispute Resolution rarely can be seen on the court’s agenda that is posted outside the
court room, Tuesday was a day for criminal cases in Quezon City.
In Regional Trial Court Branch 76, our request was accepted to observe the only
Judicial Dispute Resolution assigned on that day. At first, we were not sure whether we
can attend the said proceeding since it is in conflict with the time of the trial that we were
set also to observe. Fortunately, we managed to attend the Judicial Dispute Resolution
and the Trial without being scolded by the judges. However, the Judicial Dispute
Resolution that was set was postponed and set for another day because the judge cannot
attend the said proceeding. What we were able to witness was that the branch clerk
conducted a Judicial Dispute Resolution-alike proceeding just to inform the judge of the
development of the case. Both parties to the case was able to draft the terms and
conditions for a compromise agreement, they just went there for the signing of the
compromise agreement in front of the judge. Although we were not able to observe a real
Judicial Dispute Resolution, the branch clerk explained to us the Judicial Dispute
Resolution and that the main purpose of such proceeding is the amicable settlement just
like what happened.
In my reflection, I recognized that litigation is really a difficult task. Unlike what
normal people would say about the legal profession as an easy money making job, that
lawyers only argue in front of court, draft pleadings, attend hearing, sign documents and
that if you got sufficient intelligence to comprehend legal concepts and ideas, you would
already make a living. However, it’s not always the case. Being a litigator will test not only
your broad knowledge about the law but also your resourcefulness, your ability to find
quick and clever ways to overcome difficulties. It’s not only about arguing your position,
attending numerous hearings in a day, signing documents but also it requires a skill to
meet difficult situations that is outside what you had learned during law school. One will
not be a successful lawyer by just memorizing and parroting provisions of the law. He
must also be able to organize and plan complicated activities, and if things does not go
into with what was planned, to come up with an immediate solution to cope up with the
situation. It may be an easy road for those who are blessed with the wit to pass law school
or top the bar examination but for one to be a successful lawyer in the real world, he or
she might need experience and determination to resolve unexpected circumstances.

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USON, NICHOLE JOHN O.

April 27, 2017

Reaction Paper (Trial)

USON, NICHOLE JOHN O. April 27, 2017

Reaction Paper (Judicial Dispute Resolution)

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