LESSON PLAN

TITLE

Court Awareness and Concerns

COURSE

Criminal Investigation Course

MODULE

4 - (Investigative Procedures)

LESSON PLAN NUMBER

TARGET AUDIENCE

Investigators and personnel assigned in

Investigation Offices/Units. Preferably
with the ranks of PO1-PO3

DATE AND VENUE

As scheduled

TIME ALLOTTED

28 hours (4 hrs lecture and 24 hrs PE)

LEARNING AIDS REQUIRED

Overhead Projector, laptop, handouts,

white board and marker

PARTICIPANTS EQUIPMENT REQUIRED:

Notebook, ball pen, pencil and bag

TRAINING REFERENCES USED

Revised Penal Code, Rules of Court,

Special Laws

INTRODUCTION:
The purpose of this module is to educate our investigator on basic investigative
education of our law enforcement today in the Philippine National Police as regards in
testifying in court is concerns, It abounds in legal and judicial forms drawn from actual
litigations, as concrete illustrations of factors that have weighed heavily in the scales of
justice and spelled the difference between success and failure in specific cases. Indeed,
the outcome of a considerable number of suits has hinged on questions relating to the
form or substance of pleadings, some apparently innocuous or too technical, particularly
for layman, which may account for the feeling of frustration of many defeated litigants, a
number of whom might have otherwise had substantially meritorious claims.
LEARNING GOAL:
The purpose of this Module is to equip the student /investigators with the
knowledge of the law and the administration of justice, and aid the prosecution and
bring the offender to the fold of law and see to it that the justice had been done.
LEARNING OBJECTIVES:
At the end of the course, the participants will be able to learn the real processes
of court awareness and court proceedings, such as court demeanor, cross
examination procedure, court proceedings and court trial proceedings.
1. To make other documentary requirements in filing a complaint/inquest proceeding until
the justice had been done.
2. Ensure the admissibility of documents needed for prosecution of the offender.
3. Familiarize on the procedural process in filing a criminal complaint.
4. List the different modes of investigation and on how to manage court pressure with
respect to the cases being handled by the investigator on the field.
5. Apply different techniques of laws, procedures and jurisprudence.
6. List several modes of consultation with the prosecutors.

7. Train and educate the participants on the program of instruction subject for CIC in order
for them to have a good understanding the kind of training the students of CIC in
different regions will be undergoing.
SESSIONS:
A. COURT DEMEANOR as define; it is a proper conduct in court like proper attire,
courteous language, obedience to court proceedings and observe with outmost
care while in the court room.
B. CROSS-EXAMINATION as define; is the interrogation of witness upon a trial
hearing, or taking a deposition, by the party opposed to the one who produced
him, upon his evidence given in chief, to test its truth, to further develop it.
Now, the student must come to know as a witness of the prosecution, you are
obligated to be cross-examined if opposing counsel desires. Cross-examination typically
involves the opposing attorney attempting to weaken earlier testimony. Consequently,
your testimony may be attacked on the following arguments:
1. Lack of opportunity to know; the witness was not in a position to see that which he
described;
2. Mental or sensory deficiencies; the witness may have had defective or impaired vision
or hearing;
3. Inattention; the witness was doing something else before and at the time of the
occurrence;
4. Faulty memory; the witness can only naturally remember better the spectacular, the
unusual, the dramatic but not the ordinary and commonplace;
5. Suggestion; the witness may been influenced by indirect suggestion from conversations
with other witnesses or a lawyer or even by the principle of crowd psychology;
6. Unsound judgment; the witness may have overestimated say certain distances or
measurements.
C. MOOT/MOCK COURT PE 3 days
The students will be divided in to four (4) groups, each group well be having
actual presentation in mock court trial in actual cases being studied by the group during
their research period.
There will be situations in which law enforcement officer must testify in court
regarding his involvement in one particular case, although testifying may seem
intimidating at first, but later on when the process go more smoothly.
1.

Appearance and manner.

a)
b)
c)

Arrive at court early

Dress neatly and appropriately (use GOA A)
Be courteous with all court personnel
D. COURT OBSERVATION PE 3 days
During the actual court observation, student should learn on how the presiding
judge, the witnesses, the public prosecutors, private prosecutors, clerk stenographer,
police and bjmp and others do their part.
The witnesses should only be asked to testify on facts relevant to the case.
Although you must answer any question posed by the examining lawyer (unless told not
to by the judge) you maintain the following rights as a witness;
1. To be protected from irrelevant, improper or insulting questions

2.
3.
4.
5.

Not to be detained longer than necessary.

To be asked questions only on matters pertinent to the case.
Not to give as answer which will implicate you in a crime or wrong-doing?
Not to give an answer which will degrade your reputation unless it is an issue
relevant to the case?

E. DIRECT EXAMINATION
The important thing that should be considered during the cross-examination
recross-examination, direct examination and redirect examination, are;
1.
2.
3.
4.

Speak clearly and slowly.

Listen carefully to the question; answer only what is asked.
If a question cannot be fairly answered with a yes or no, say so.
If an objection is made, the question should not be answered; if you have
begun to give an answer, stop immediately.
5. Never lose your temper or allow yourself to become nervous or agitated.
6. Answer the question in your own words; do not try to memorize answers
ahead of time.
7. Above all, tell the truth.

THINGS TO REMEMBER BY THE WITNESS

a.
b.
c.
d.
e.
f.
g.
h.
i.
j.

Master the facts of the case.

Read all pertinent documents immediately before the hearing.
Look at the defense counsel & concentrate when she asks you a question.
Direct your answer to the judge.
Address counsels as Sir or maam and the judge as your Honor.
Do not argue with defense counsel.
Give concise and responsive answers.
Be confident but not arrogant.
Be consistent on major points of your testimony.
Do not look at the prosecutor for clues to what you should answer.

ORDINARY APPEAL ON CRIMINAL PROCEDURE TO KNOW YOURE

REMEDY IF THE DECISION IS ADVERSE.
a.

SC
Rule 45 petition for review on certiorari on pure question of law

CA
Rule 42 through verified petition for review

RTC
Notice of appeal with MTC

MTC
b.

SC
Rule 45 petition for review on certiorari on pure questions
of law to be filed with SC

CA
RTC

Notice of appeal (cases less than D, RP, LI) on questions

of fact and of law or mixed
(its original jurisdiction)

Please be reminded that the period of appeal shall be interrupted by

a timely motion for new trial or motion for reconsideration. It is ruled

that no motion for extension of time to file motion for new trial or
reconsideration shall allowed

c.

SC
Notice of appeal

CA
Notice of appeal

RTC (RP, LI)

d.

SC
Automatic review

CA
Automatic review, case forwarded automatically to
CA to render judgment but refrains from entering
RTC (Death) judgment, the case is certified and elevated to the
SC for final review.
In Civil cases as well as the criminal case Question of Law
and Question of Facts are often times raise.

e.

SC
Rule 45 (pure Question of law)

SB

(Sandiganbayan) imposes or affirms

a penalty less than D, RP, LI
QF- issue regarding the truth falsity of the statement of facts

f.

SC
Notice of Appeal

SB

(SG 27) tried the case its exclusive and original

jurisdiction where penalty imposes is RP, LI

Henceforth, all case tried by the ombudsman shall be appealable to CA, if

the case was administrative if criminal it is appealable to SC via Rule 45
petition for review on certiorari.

g.

SC
Automatic review

SB

(Sandiganbayan) exclusive and original jurisdiction

if the penalty imposed death.

h. SC
SB

(appellate jurisdiction and imposed or affirmed penalty)

Notice of Appeal if decision by the RTC is D, RP, LI

RTC
i.

RTC

MTC

reverse order of dismissal? The case will remand

to MTC to conduct appropriate proceedings.

Affirms- if it has jurisdiction, it should try the

case as if it has been originally filed with it. If it
has no jurisdiction the case remains dismissed.

The MTC tried the case but without jurisdiction

and it rendered judgment. The Remedy? Party adversely
affected should appeal to the RTC w/o prejudice to the right
of the parties to submit additional pleadings or evidence
SUMMARY:
In this module, the participants student investigators have come to know that in
legal battles, a persons life, right, liberty or property is at stake. The police investigators
and police lawyer are duty-bound to handle cases with meticulous care. It is of common
knowledge that numerous cases which have been meritorious were lost even before
trial commenced, for having been trapped in a web of technicalities. Some were
jeopardized because the pleadings or testimonies presented before the court were short
on important details. this trainings on Criminal Investigation Course having the full
benefit of the vast experience, provides a wealth of information on the investigative
techniques and skills, we fervently hope that this training modules will contribute in
some measure to the pursuit of our vision that we educate the entire investigators in the
field nationwide that is independent, effective, efficient and worthy of public trust and
confidence; and the police profession shall provides ethical, accessible, and costeffective police service as field investigators to our county-men as a whole.
At the end of the day, the students perform practical exercises regarding the
Moot Court and Court observation during actual court trials and proceedings.
With regards to this course, the module & outline, participants will have the
working knowledge on the trial procedures as well as presentation of evidence in court.
This lesson plan provides the participants with the proper exercises and critics on
the basic procedures of proper presentation and observation during court trial.
This will also answer some legal implication on failure and procedural lapses
during the presentation of evidences, and the court trial proceedings.

GRADED WRITTEN EXAMINATION.

QUESTIONAIRE
RANK/NAME:___________________________________ DATE: ________________
UNIT ASSIGNMENT:_____________________________ TOTAL SCORE:_________
TEST .1- Definition of terms (10 points or 2pts each)
1.
2.
3.
4.
5.

Define court demeanor?

Define cross-examination?
Define moot/mock court?
Define court observation?
Define direct- examination?

TEST. 2- ESSAYS (75 points)

1. Describe brief the modes of appeal from the decision of lower court to Supreme
Court?
2. What is the proper remedy for a denial of a motion to compel a party to answer
written interrogatories?
3. What is the remedy against an order of dismissal for failure to prosecute its
appeal?
TEST. 3 - ENUMERATIONS (15 points)
1. What are the valid appearances in court hearing?
2. What are the rights of a witness?
3. What is the requirement of a witness to be considered during the crossexamination, re cross-examination, direct examination & re direct-examination?
4. Enumerate the things to be considered as a witness?
5. Enumerate the arguments by way of attacking the testimony of the other party?
********** GOOD LUCK **********

KEY ANSWERS:
TEST 1 DEFINITION OF TERMS
Q # 1 Answer: It is the proper conduct in court like proper attire, courteous language,
obedience to court proceedings and observe with outmost care while in the court
room.
Q # 2 Answer: Is the interrogation of witness upon a trial hearing, or taking a deposition, by the
party opposed to the one who produced him.
Q # 3 Answer: It is the process of illustrating the trial proceeding of the actual court hearing.
Q # 4 Answer: As defined, it is a process of court trial from trial to promulgation process
wherein everybody has its own rule to do.
Q # 5 Answer: It is the knowledge of the factual data decisive of the controversy must of
necessity spring from the testimony of witnesses given in the manner prescribed by
accepted procedure not from evidence dehors.

TEST 2 ESSAYS
Q # 1 Answer: if the lower court (MTC) rendered adverse decision the appellant may file a
Notice of Appeal to RTC questioning the decision of MTC, if affirm, the adverse party
may file via Rule 42 petition for review to Court of Appeals, if the same affirm, the
petitioner may file via Rule 45 petition for review on certiorari to SC.
Q # 2 Answer: it is the appeal from an adverse judgment in the case on petition for certiorari on
pure question of law to be filed with SC.
Q # 3 Answer: an order of dismissal for failure to prosecute has the effect of adjudication on the
merits and the proper remedy is to file a notice of appeal with the appellate court
within the reglementary period. However, if grave abuse of discretion amounting to
lack or excess of jurisdiction is alleged, the proper remedy is a petition for certiorari
under rule 65.

TEST 3 ENUMERATIONS
Q # 1 Answer: the following are the court appearance and manner;
a. arrive at court early,
b. dress neatly and appropriately and used GOA A,
c. be courteous with all court personnel.
Q # 2 Answer: the following rights of a witness are;
a. to be protected from irrelevant, improper or insulting questions.
b. Not to be detained longer than necessary.
c. To be asked questions only on matters pertinent to the case.
d. Not to give as answer which will implicate you in a crime or wrong-doing?
e. Not to give an answer which will degrade your reputation unless it is an issue
relevant to the case?
Q # 3 Answer:
a. Speak clearly and slowly
b. Listen carefully to the question: answer only what is asked.
c. If a question cannot be fairly answered with yes or no, say so.
d. If an objection is made, the question should not be answered: if you have begun
to give an answer, stop immediately.
e. Never lose your temper or allow yourself to become nervous or agitated.
f. Answer the question in your own words: do not try to memorize the answers
ahead of time.
g. Above all, tell the truth.
Q # 4 Answer:
a. Master the facts of the case.
b. Read all pertinent documents immediately before the hearing.

c.
d.
e.
f.
g.
h.
i.
j.

Look at the defense counsel and concentrate when he/she asks you a question.
Direct your answer to the judge.
Address counsels as sir or maam and the judge as your Honor.
Do not argue with defense counsel.
Give concise and responsive answers.
Be confident but not arrogant.
Be consistent on major points of your testimony.
Do not look at the prosecutor for clues to what you should answer.

Q # 5 Answer:
a. Lack of opportunity to know; the witness was not in a position to see that which
he described;
b. Mental or sensory deficiencies; the witness may have had defective or impaired
vision or hearing.
c. In attention; the witness was doing something else before and at the time of the
occurrence.
d. Faulty memory; the witness can only naturally remember better the spectacular,
the unusual, the dramatic but not the ordinary and commonplace.
e. Suggestion; the witness May been influenced by indirect suggestion from
conversations with other witnesses or a lawyer or even by the principle of crowd
psychology.
f. Unsound judgment; the witness may have overestimated say certain distances or
measurements.

********** HAVE A NICE DAY AHEAD **********