THE COURT OBSERVATION

The purpose of justice is to provide fair treatment to each

individual, without exception, in regard to their personal rights
according to the laws of the land of their residence or in other
countries where the individual's country is represented in a consulate.

A trial court is where justice is served. It has the function of

giving the public a chance to present themselves if any disputes
against them rise. It is known to everyone that it is where arguments
can be settled while using the right and proper procedures.

Regional Trial Courts have exclusive original jurisdiction in

criminal cases not within the exclusive jurisdiction of any court,
tribunal or body, except those falling under the exclusive and
concurrent jurisdiction of the Sandiganbayan which shall hereafter be
exclusively taken cognizance of by the latter.

As an aspiring lawyer, it was a very great feeling picturing

yourself in a trial court and you are one of the officers of the court.
Being the judge, the prosecutor or the defense attorney does not truly
matter. Merely having the chance to fight for fair justice for humanity
was already invaluable.

15th day of November 2017, it was a bright Wednesday

afternoon. I am proudly wearing my University of Cagayan Valley,
College of Law organization shirt. We are going to conduct our court
observation in the Regional Trial Court of Tuguegarao City, Cagayan
for the compliance to the requirement of our Professor in our Legal
Writing subject.

My companions and I opted to have our court observation in

the Regional Trial Court of Tuguegarao City, Cagayan because it is the
nearest court in our school. It is located in Carig, Tuguegarao City. We
agreed to meet in the aforementioned court at exactly 2 o’clock in the
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afternoon. Since it was my first time to visit there, I estimated that time
travel will be more or less than thirty (30) minutes away from Buntun.
So, I left my apartment at about 1:30 in the afternoon. It was already
pass 2 o’clock in the afternoon when I arrived in the said court.

When I stepped down from the tricycle, I automatically saw the

name of the building painted in red that reads: REGIONAL TRIAL
COURT. I walked through the gate and a guard asked me, “Are you
with those students wearing a violet shirt ma’am?” and I answered
politely, “Yes sir.” And he told me to go inside. I noticed they did not
do any safety procedures before I was allowed to pass, but I ignored
it. I just presumed that security is not strictly practiced. Some of my
companions were already inside the Regional Trial Court premises and
according to them, the court proceedings have not yet started. We
just waited for our other companions before we went into the
courtroom.

When they arrived, we first head to the Branch 02 of the

Regional Trial Court. We come in their office. After the necessary
greetings, we asked one of the clerks of the court for their permission
if we can have a court observation. He allowed us and told us to sit in
front so we could hear the promulgation clearly. As we entered the
courtroom, I have never felt that excitement ever since I enrolled in
law school.

While waiting for the court proceeding to start, my eyes roam

around the entire room. It was well-organize. I am indeed impressed.
It also made me guess that the presiding judge is a lady. I wonder if
she was like our lady judges professors in University of Cagayan
Valley, College of Law that them being a terror is just a first impression
because they have the funniest puns ever.

While I was in the state of curiosity, one of my companions

tapped my shoulder and told me that they prefer to have our court
observation in the Branch 01 of the same court because the presiding
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judge there was Judge Raymund Lauigan, the husband of one of our
professors, Atty. Mila Lauigan. He is also a professor in University of
Cagayans Valley, College of Law.

We went out of the courtroom of Branch 02 and transferred to

Branch 01 where the proceedings have not yet started too. Similar to
what we have done in Branch 02, we asked for a permission to
conduct a court observation in one of the clerks of court in Branch 01
and he also allowed us. But before he let us enter the courtroom, he
first ordered us to write my name and my companion’s name in a
clean sheet of paper.

When we entered the room, I saw people with gloomy faces.

The atmosphere inside the courtroom was engulfed with serious air.
My eyes roam around. Unlike the previous court, I noticed the room’s
ceiling was wrecked, no decorations, etc. It was totally the exact
opposite of Branch 02. I asked what happened there and one of my
companions told me that it was because of the typhoon Lawin. I
understand the situation but I was still quite disappointed because for
me, presentation reflects our personality.

We sat on the bench behind where the defendants were seated.

Minutes later, everyone stood as the judge, wearing his judicial robe,
entered the courtroom. I am not sure if there are other meanings in
standing once the judge arrived in his court but for me, it is a way to
show respect to the judge. Even in law school, it was already a practice
that we stand once our professors entered the room.

The judge recited something, it is uncertain if it is a judicial oath

because he delivered it too fast and inaudibly. After that, he strokes
his gavel, the symbol of the authority and right to act officially. The
gavel is made of hardwood, typically fashioned with a handle and
often struck against a round block, a striking surface typically also
made of hardwood, to enhance its sounding qualities.

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 The judge sits in the center and in the presence of everyone at
the front. Beside him was the stenographer. The interpreter sits in
front of the judge with the Bar Table placed directly in front of her.
The Bar Table is where the prosecutors and defense attorneys were
seated. On the right hand side of the Bar Table is the witness chair.
The defendants sit at the back of the Bar Table. There is a divider
between where the public sits with those involved with the legal
proceedings.

Then court proceedings started. For the first case, it was a

criminal case of illegal possession of prohibited drugs. The prosecutor
showed their evidence docketed as exhibits. And it was quickly
finished. Before they started the next case, Judge Lauigan
acknowledges our presence in his court. He asked what law school we
are from; what is the purpose of the court observation; and who
required us to conduct such? We answered him politely with feeling of
embarrassment because everyone is looking at us. Then they started
the second case.

Almost all the cases that were tried are criminal cases about
illegal possession of prohibited drugs. This is very timely nowadays.
There were different processes that were done that in each case. In
some cases, the prosecutor and the defense have presented their
witnesses to testify. I smiled as the first witness got sworn in before the
judge, as to my thinking this scene has always been reserved only for
something I would get to see on television. The witnesses were direct
and cross examined. Then redirect examination until no further
questions from the prosecutor, the defense or the judge.

At first it was hard to understand what this was for and why the
rest of the proceedings went on as they did. We just stayed there
attentively to an attempt to catch the witnesses’ barely audible voices,
my eyes wide even if I feel sleepy. As the case progressed and more
familiar words started to disperse into the argument, it was easier to
pay attention.
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 In all the cases that were tried, the last one touched my heart.
The defendant was a man, weak and old, about sixty –eight (68) years
old, his hair were already grey, his physical appearance shows poverty.
He was charged of illegal possession of prohibited drugs. He was
seated in the witness chair. His wife was beside me and giving him
moral support. There were fewer people inside the room already. He
was averring in his testimony that few weeks ago, he visited his son
who was detained in the provincial jail. He was allegedly wearing a
shirt, pants and a pair of slippers. As the jail guards were doing their
safety procedure on him before they will allow him enter, one of the
aforesaid guards shouted and said, “Positive! Positive!” According to
the jail guards, he was found in the possession of prohibited drugs
hidden in his shoes. So a case against him was filed.

I hoped and prayed that the old man will be acquitted because I
believe that his testimonies and the evidence presented in the court
merely shows that he was framed-up. I laughed at how a picture of a
slipper can be used as relevant evidence presented in the court. The
old man must enjoy the remaining years left in his life with liberty and
not suffering in the four corners of the jail which he do not deserve.

Nevertheless and overall, I was surprised to realize how much I

enjoyed watching. Eight (8) cases were tried. Starting in the
presentment of the evidence until the witnesses has been tried. I was
amazed at how the judge handled all the case although sometimes I
pitied the interpreter whenever the judge corrects her because she
cannot construe the words well for better understanding of the
witnesses.

The Judge appeared to have things well under control in his

courtroom. He was so patient and even smile at some time while the
proceedings are moving forward efficiently. He never displayed even a
glimpse of impatience in his comments and facial expressions. To add,

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he is also punctual because we started earlier before the scheduled
time of the proceedings.

The Prosecutors are very confident. Almost all of them did not
take long pauses during direct and cross examinations to consult their
notes. They simply asked questions in a very direct, brief way that the
witnesses will understand.

One Defense Attorney stands out. She looks very professional in

her black suit and high heels. She looks so strong and brave. Her
appearance in no way detracted from her performance. The first time
she opened her mouth exactly, I felt amusement at how she versed
her sentences very similarly to how the articles in the Revised Penal
Code are written.

Before entering law school, I always thought of the law as

something black and white in terms of judging, defending an accused,
and giving punishments. This misconception of mine had been
changing for the past months we have been discussing laws and
letters in class. And when we had this court observation, everything
was almost clear to me. It is not really just about convicting an
accused and charging penalties. I always have only just associated the
law and the courtroom as the place where people come out chained
and be jailed. In reality, it is a place where justice prevails. The time
and efforts of the lawyers are invaluable. Slow clap for all of them!

- Jolivette Anne Q. Dugayon

LLB-1

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