CRIMINAL PROCEDURE

COURT OBSERVATION

Submitted to: Judge Evelyn Nery

Submitted by:

AQUITAN, MARK ASUM, JAMIL BULAWAN, GAYLE TOMAMPOS, GRETYL VIRTUDEZ, IRIS

INTRODUCTION

The courts have the function of giving the public a chance to present themselves whether to prosecute or defend themselves if any dispute against them rises. It is known to everyone that a court is a place where disputes can be settled while using the right and proper procedures. The court is also the palce where a just, fair and unbiased trial can be heard so that it would not cause any disadvantage to either of the party involved in the dispute.

In the Session Court that we attended, the physical appearance of the court is similar to other courts. The judge sits in the centre and in the presence of everyone at the front. The interpreter sits in front of the judge with the Bar Table placed directly in front of the interpreter. On the right hand side of the Bar Table is the Witness box and the defendant sits directly at the back of the Bar Table. There is a divider between where the public sits with those involved with the legal proccedings.

ARRAIGNMENT
1. RTC BRANCH 20 People vs Arthur Tujera y Lake For: Murder
a. Reading of the accusation to the accused in vernacular.

The accused was informed by the facts of the case in a dialect he would understand considering his educational attainment and level of comprehension. b. Asked if the accused is guilty or not. After reading the accusation against him, he was asked to plead guilty or not. c. Accused pleaded Not Guilty. He entered a Not Guilty plea, then asked to return to his seat and then the Judge scheduled the Pre-Trial.

2. RTC BRANCH 41 Judge Jeoffrey Acebido People vs John Rey Enerio For: Frustrated Murder a. The arraignment was made by explaining to the accused in vernacular where he would understand. b. The counsels presented the case in a speedy manner. c. The case was rescheduled.

PRE-TRIAL
1. RTC BRANCH 20 Judge Bonifacio Macabaya People vs Vicente Basobas y Rafuela For: Violation of COMELEC Resolution 8714 a. Stipulation of facts of Prosecution 3 of 4 denied. The prosecution stipulated 4 facts and only the identity of the accused was affirmed by the Defense. b. Stipulation of facts of Defense 2 of 4 denied. The defense as well stipulated 4 facts. c. Presentation of Issue by the Presecution. The Prosecution presented two issues of the case. d. Presentation of Documentary Evidence. Both parties presented documentary evidences including police reports, confirmation that was confiscated was a grenade and others. Trial on the merits of the case was then set on October 3 and 17, 2011

2. RTC BRANCH 41 Judge Jeoffrey Acebido People vs Margarito Crisostomo, Rolando Neri, et.al. For: Criminal Case a. There are 3 accused in this case but only two were arrested and arraigned.

b. The 3rd accused is still at large but were later arrested before the presentation of evidence of the 2 accused. c. The judge asked the counsel of the defendant if they will adopt the same information from the arraignment and pretrial of the 2 accused. They agreed that they will just adopt the first pre-trial conducted

TRIAL
1. Family Court Judge Evelyn Nery People vs Salduca For: Statutory Rape a. In rape cases, normally it is a closed-door trial wherein the victim herself is testifying on the actual process of being raped. That should be a valid call for privacy in favor of the so-called victim, thus, some were requested to go out of the courtroom. b. The Judge was so empathetic and went down to join the public prosecutor and the defendant counsel during the trial. c. Cross examination of the witness.

2. RTC BRANCH 41 Judge Jeoffrey Acebido People vs Roland Aquiman

For: Robbery with Homicide a. Witness was called to the witness stand. b. The witness cannot understand English very well, the interpreter translated into vernacular, so the winess was able to narrate about the crime. c. The witness was able to identify the suspect in the courtroom.

TRIAL IN ABSENTIA
(gretyl tomampos own experience ni jam i-include nato, need to know the details, the judge, people vs ____________case:__?) a. b. c. d. Accused apllied for bail. Accused was admitted for bail. The accused was never again seen in the court. The defense was given ample time to present the accused in court but failed. e. The judge ordered trial in absentia and allowed the prosecutor to present evidence. f. The trial proceeded without the accused. g. Decision or judgment of the case was given by the judge in less than a year.

JUDGMENT
1. RTC BRANCH 41 Judge Jeoffrey Acebido People vs Michael Pelarion and Gabriel Pagalan, Jr. For: Criminal Case a. The decision was pronounced and read clearly b. The prosecution had not presented the required quantum evidence in every criminal case.

c. The sentence was NOT GUILTY.