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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT


SEVENTH JUDICIAL REGION
BRANCE 23, CEBU CITY

PRESIDING JUDGE

HON. GENEROSA G. LABRA

PUBLIC PROSECUTOR

ALEX G. GABUD

PAO LAWYER

MARYLOU ENJAMBRE

BRANCH INTERPRETER

CHRISTINE TECSON

BRANCH STENOGRAPHER

MELECIA DARACEN

OCTOBER 12, 2016. 8:30 AM 12:30 PM

Neil Bryan N. Moninio

Oct. 14, 2016

Criminal Procedure

M6

Reaction Paper

The criminal justice system, like any system designed by


human beings, clearly has its flaws.
Ben Whishaw

Punctuality
The judge is late. The delay of serving justice
starts from the court itself.
I went to the Regional Trial Court last Wednesday
around 8:30 pm. However, after scanning the daily
calendar of the branches, most of them are civil cases
and some judges are having a seminar. Fortunately,
there are some criminal cases located in branch 23, so
my waiting begins.

The even though their calendar provides that it will


start at 8:30 am, the procedure proper of the first
case which is arraignment start at 9:30ish which is due
to judges unpunctuality. Hence, the delay starts at
the court itself.

Information full of legal jargons


The information read to the accused is in English
language and full of legal jargons in which even me and
my co-league listening cannot grasp the entire content
of the information read.
The first case involves the arraignment of the case
of People of the Philippines vs. Lourdes Jamisola
involving the violation of PD 957 also known as
Subdivision and Condominium buyers Protective Decree
and other criminal case.
The information is sufficient as required in the
Rule 110 Section 6 of the Rules of Court however the
fact that the terms used in the information is clearly
a language used by the lawyers makes it difficult for a
layman to full comprehend the accusation brought to her
in the honorable court. Hence, it requires more subtle
terminology or a translation to our native language to
fully comply with our constitutional rights to be
informed.

Justice Delayed is Justice Denied.


Postponement
The postponement and re-setting of the succeeding
cases are more than high than I imagine.
The cases to be tackled on that day are about 12
cases and 7 cases among the 12 are asking the court for
re-setting of their respective cases. One for example
is that the complainant no longer attend the hearing
for almost 1 year to the point that the lawyer himself
ask the court to subpoena the complainant due to his
absences that results to no communication and follow
ups to the witnesses to be presented.

I see the patience extended by the honorable court


because even one case set for a cross-examination was
postponed due to reason that the lawyer whom to crossexamine was not feeling well.

Re-setting until next 2 to 4 months.


The worst thing I was confronted with which is a
mundane scenario is that the re-setting is about 2 to 4
months ahead while the accused is still detained.
The earliest re-setting is December 17, 2016 from
October 12, 2016 for presentation of evidence. It was
postponed due to irregularity of executing the subpoena
which leads to re-setting.
The most delay among the 12 cases is rescheduled to
February 8, 2017 which is yet to be cross-examined the
arresting officer then was re-assigned in Talisay, and
subpoena was requested.
Sleeping Judge.
After branch 23 finished at 11:30 am, I proceed to
branch 22 where the pacing of the case is fast. However
I cannot believe what I saw that the judge is leaning
on his chair, slouching and having a nap while
listening. He interrupts for a question once and a
while but there are times where the lawyers presenting
their witnesses asking the judge to wake up because he
no longer responds. The judge only says proceed then
the fiasco continues.

Ideal vs. Reality


The last case involves a minor witness whereby her
mother was punched while carrying her younger sister
when he is about 14 years old and now he is 16 years
old.
I was confronted in the reality that the allotted
time for the court to decide the case required in the
Rules of Court is indeed no longer applicable whereby
courts are convoluted with cases.

I must consider socio reality in planning the cases


I will handle when I become a lawyer. Can my client
survive a year of delay in serving justice? Or he might
be one of the complainant needs to be subpoena after 1
year of absences in the hearing.
Indeed, criminal procedure is a war of wits,
endurance and capacity to play among socio reality
problems that would arise.
The ideal scenario in the books is totally
different from the exhaustive reality that would drain
your emotion, mental stability and financial status.

I am grateful I had a professor who is a practitioner


who can provide the distinction between what is in the
book and what is in reality.