NAME: GARIN, Diana M.

DATE: 26 May 2018

Agency: Public Attorney’s Office Pasay District Office (PAO-PASAY)

In my one month and one week stay in Public Attorney’s Office Pasay District Office, I was
given the change to accompany PAO lawyer during their hearing in a court observation. This is
not only confined within regular courts, but also a quasi-judicial court - the Professional
Regulation Commission (PRC), which is temporarily situated in PICC Pasay. If there is no task
assigned to me, I usually stay in the front desk. This is beneficial for me since I was able to listen
different problems, which would be filtered first in the front desk before referring to attorneys.
Through that, I am able to learn about premature cause of action, such as those which should be
settled first by the barangay. As I stayed longer in PAO-Pasay, I can already answer usual
questions of clients, such as those basic requirements for correction of birth certificate,
annulment of marriage, and others. Moreover, I was also exposed outside the PAO Office like in
Pasay City Jail, during their monthly jail visitation. Next, one of the PAO lawyers taught me the
visualize inquest proceeding, and at the same time learned its difference with preliminary
investigation. I have learned that PAO lawyers are more inclined in advising that it would be
beneficial for them to proceed in inquest proceedings, because either ways the fiscal will be the
arbiter in determining probable cause. In addition to that, I came to know that the theory of
probable cause is in reality based on the discretion of the prosecutor.
I was also asked to prepare several legal documents such as motion to dismiss; motion
for permanent dismissal; motion to fix new penalty; complaint-affidavit regarding alleged
commission of malicious mischief, child abuse, Anti-VAWC; judicial affidavits. Some lawyers also
asked me to organize certain laws so that they could easily help them in doing their work, such
as table of prescription of action in criminal and civil actions, and table of guidelines in plea
bargaining agreement, as issued by the Department of Justice. Lawyers would also ask me to
research about certain topics such as regarding Anti-Pilferage law and damages. Another lawyer
also asks me to mediate a compromise agreement between spouses.
Through court observation, I had visualized the theories I studied in the subjects Civil
Procedure and Criminal Procedure. Second, just by sitting and listening to the queries of our
clients in the front desk, I had learned the basic steps in filing a case, just like the requirement of
a Certificate to File an Action, in case barangay mediations could not settle the conflict between
parties. Third, I had a first-hand experience in facilitating an inquest proceeding as to those
accused who were allegedly caught in flagrante delicto; I explained to them their rights under
the Bill of Rights enshrined in the Constitution, and the accused has an option between an inquest
proceeding or a preliminary investigation. Lastly, I prepared two motions whereas I did not find
difficult since the PAO lawyer had provided me a pro forma guide of the motion.
I have prepared a complaint-affidavit about alleged commission of malicious mischief, but
I am confident that the case would be dismiss in the prosecutor’s office since It is apparently
unmeritorious. As clarification, PAO has no choice but to accommodate unmeritorious cases
because It is a mandate from their superior, and to prevent any misapprehensions from the
public. Lastly, I had also written a complaint-affidavit of a complainant whose minor child eloped
with 23-year old man
I was very fortunate to experience my first court appearance during my internship in
Public Attorney’s Office. My supervising lawyer asked me to introduce the accused for the latter’s
arraignment in a carnapping case. Next, I studied Anti-Pilferage Law, which is not familiar to me,
for a research in a case. Lastly, I have written two judicial affidavit, which would be used by our
Officer-in-Charge for the direct testimony of a witness in a drug case.
My supervising lawyer asked me on-the-spot to give legal advice to a client as regards
succession of lands. Also, I have a complaint-affidavit of a single mother who was asking for
support to the father of her daughter, but the latter refused to give, that is why the former was
compelled to prepare for a complaint to be filed at the prosecutor’s office. Lastly, one of the
lawyers asked me to prepare a table consisting of prescription of crimes and cases in Civil and
Criminal law.
Next, in front desk, I met a client who was seeking assistance about the crime happened
in a casino. He alleged that the casino would not allow to show them the CCTV footage, to know
to whom he actually handed a large amount of money, but the officers of the casino stated that
they needed to get a permission from the court. From that scenario, apparently, such case should
not be accommodated by PAO. In jail visitation, I experienced that indeed inmates are suffering
from the scorching heat inside their cells. In addition, the smell of the inmates is not good. For
sure, each of them has already been contaminated if ever an inmate has a communicable disease.
It was my first time to attend a hearing in Professional Regulatory Board, which is
temporarily situated in PICC Pasay, because the PRC in Manila is temporarily under construction.
The case was about who teacher who allegedly belittled and embarrassed their student. The
complainant brought a witness, but the credibility of the said witness was easily stricken off by
the defense-counsel (PAO-lawyer) since the said witness was a former respondent, together with
the respondents in the administrative case, which was dismissed by the fiscal for lack of probable
cause. Next, I was also asked by a lawyer to research about assisted suicide here in the
Philippines.
During morning, I am assigned at the front desk since the one assigned there is sometimes
late. That is the time when I could actually test my knowledge with my almost 4 weeks stay in
Public Attorney’s Office. I observed that most cases are about annulment, declaration of nullity
of marriage, Anti-VAWC, Child abuse law, and some issue about birth certificates.
I had a first-hand experience as regards hearing the direct and cross examination of a
minor who was raped by their neighbor. I could not imagine the trauma that such experience,
assuming that It was indeed committed by the accused, caused to such minor. In addition to that
is the fright that It could have brought to the said minor, when she had narrated the commission
before the court. There is also a case during that session about statutory rape. The accused
allegedly raped a three-year-old child. Next, I assisted mentally challenged clients who do not
even know the reason why they are asking assistance in PAO. It is quite difficult to deal with such
persons but employees of PAO have no choice but to accommodate such clients, as to create a
welcoming atmosphere to the public. Moreover, I had prepared two judicial affidavits as regards
drug cases.
In annulment cases, I observed that both spouses are actually willing to legally separate,
however, It could not actually be avoided that the other spouse could not accept the allegations
against him/her, just like the findings that he or she is psychologically incapacitated. As a result,
the other spouse would counter the complaint, they could not understand that such
psychological result is just part of the process to nullify or annul their marriage. Next, there are
lots of concern as regards Anti-VAWC, most especially of mothers who are asking financial
support from the biological father of their children. In child abuse, I also realized how the law
protects the welfare of the child. Hopefully, this would not be abused by the people.
I had difficulty in answering certain questions, especially about procedural matters. Also,
I was thankful that the lawyer who assisted me provided me a pro forma guide of motions
because I really did not have the idea on how to write it. Facilitating an inquest proceeding was
also challenging since I must translate my legal knowledge into layman’s term, so that the
accused could fully understand his constitutional rights.Also, I had difficulty in easing the
atmosphere during the mediation between the estranged spouses; I thinks it is because they saw
know that I am an intern and they could not give their full trust to me. In addition to that, I found
it difficult to reconcile the differences of two people who are not actually willing to reconcile their
shortcomings. Second, I could not really create a well-written complaint-affidavit If the complaint
itself lacks substance. Lastly, it was difficult to interview parents, who seemed to be inconsistent,
anxious, and worried with their minor child who eloped with a 23-year old man.
I was too nervous during arraignment proceedings, and what I actually uttered as my
school was “Pamantasan ng Lungsod ng Pasay” instead of “Pamantasan ng Lungsod ng Maynila”.
Next, I had difficulty in studying Anti-Pilferage law since I was not familiar with it, and the
supervising lawyer asked me to look for a case which is very similar to the case he is actually
handling. Lastly, forming questions in a judicial affidavit is hard because it is very tedious and
intricate.
I was terrified when my supervising attorney asked me to give advice to a client, that is
the moment I realized the importance of practical knowledge about the law. The client asked me
about their right in an unpartitioned lot, the only thing I knew was that each of the heir has their
inchoate right as regards their respective share, but I did know in particular on how to answer it.
Not until my supervising attorney answered the question, which was that the heirs are advised
to settle the division extrajudicially for convenience and economy. Third, I had difficulty in
preparing the complaint-affidavit of a certain complainant because it lacks merits.
I encountered hot-tempered officers of the court, when the PAO lawyers asked me to file certain
documents. I explained to them that I am just an intern that is why I am not familiar with the
processes, but explained to them that I would follow their instructions next time. Here, I realized
that R.A. 9262 otherwise known as Anti-Violence against Women and their Children, is the most
abused law since It is used by some women to intimidate their partners or husband who are not
giving financial support with their children. Also, I difficulty in doing my research because the
office does not have their own wi-fi and because of the lack of jurisprudence about the topic.