JUSTICE DELAYED IS JUSTICE DENIED.

As a part of our course requirement in Practice Court I, we were

mandated to conduct court proceedings in different courts. The experience
was something that we will cherish as we go along with our study of law. It
gave us the insights and the nature of the future Profession that we will be
dealing with in due time, when our time and fortune to be a part of the Legal
Profession comes along.

I was able to observe court proceedings involving Arraignment of the

Accused, where the court, in doing so, made it to the extent and with
assurance, that the Accused had understood fully his/her plea by interpreting
the language as stated in the Information from English to Visayan, the latter
being the dialect of the Accused.

In some cases, I was able to witness the presentation of evidence by the

party. That was in Drugs Court where the Police Officer was called to the
witness stand for the Prosecution to establish the Chain of Custody of the
evidence obtained from a buy-bust operation they had conducted against the
accused.

Also in one case involving Land Titles, (the parties being brother and sister),
it was already in the stage of presenting evidence, however, the Judge made
interruption to the proceedings and made efforts to reconcile the parties,
allowed the latter to talk just to reach a settlement, in order to save their
relationship as siblings as well as their possible expenses to the case, and to
not add to the clogging of cases in court. But the parties were so clever and
really determined to pursue the case.

In another court however, involving a Special Proceeding case wherein the

Counsels, as we can see, were really that prepared and well versed with their
case assigned. It was then, when I was able to conclude that the Proceeding
will really be very good and speedy if the Counsels appearing in court are
themselves prepared for their case. It was also then, where the Counsel for
the respondent had moved to strike out the Petitioners witness who was not
able to appear to testify despite the lapsed of many hearings with failure of
the Petitioners counsel to give valid cause, so, the Court granted the motion
of striking out the said witness as it would cause to delay the proceedings
and drag it for more than eight years now.

On the basis of Art. III, Sec. 16 of the Constitution, which provides,

All persons shall have the right to a speedy disposition of their cases I
would like to recommend particularly in the presentation of evidence, in
relation to Judicial Affidavit Rule, that the party like the Petitioner who
presents a witness, the latter need not step on the witness stand for question
and answer by the counsel producing him, repeating the same matters
stated in the Judicial affidavit. He will only be put in the witness stand for the
purpose of Cross examination by the opposing party. This is to save time in
the proceeding. Because after all, the Judicial Affidavit is signed by the
witness himself and the counsel, and the same is notarized. So, I would like
to conclude that any falsity that a witness gives in the Judicial affidavit is
tantamount to Perjury on his part.

Also, I believe that the rule governing deposition taking, under the
Rules of Court be encouraged and strengthened, so that there will be a
proper preservation of testimonies to be used in court, such that if the
prospective witness dies, disappears or goes out of the county, the party of
the case need not look for another prospective witnesses, or await the
coming back of said person who cannot be located in the Philippines, as the
case may be, but may use the depositions, taken from a deponent and
present it in court. So that there will be minimum postponements by the
party for lack or absence of a prospective witness.
 I adhere and look forward for improvements of our Court System. So
that there will be de-clogging of cases and the people be given their right to
efficient and speedy disposition of their cases.

BY: ARLENE G. TIK-ING, LLB-4

Short Article

For

PRACTICE COURT I
Attachments: Certificates of Appearance

Sunday, 11:00 AM-1:00 PM

By: Arlene G. Tik-ing,

LLB-4

To: Judge Macaundas Hadjirasul

Professor