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LAW 715M: Practice Court I (3 units)

1st Semester, Schoolyear 2017-18


Professor : Atty. Milagros Isabel Cristobal
milagros.cristobal@dlsu.edu.ph;
attymilabel@gmail.com

This class introduces and exposes the students to the practical aspects of the study of law,
particularly in the handling of cases in the judiciary and in the administrative tribunals. Case
handling (initiating and defending), preparation, formulating case theories and choosing
courses of action, legal research, preparation and drafting different kinds of pleadings,
evidence gathering, handling and interviewing witnesses, preparing statements and judicial
affidavits, pre-trial processes and pre-trial and trial preparation. There will be emphasis on
Rule 1-29; 128-134 of the Rules of Court.

Discussion of cases which will illustrate the use and application of the rules will be part of the
class activity. The students will be required to draft and prepare pleadings: complaints,
petitioners, answers, oppositions, replies, comments, motions, briefs and position papers
which are submitted to courts and tribunals in the course of case handling and trial advocacy.

Instructional method: Lectures, videos, class discussion, preparation and submission of


pleadings and other legal papers and documents, will be used as the method of instruction.

REQUIREMENTS:

Attendance: Students are required to attend classes in order to learn and take part in
the exercises. Number of absences will be taken into consideration as a part of the overall
grade. Students are required to complete and submit all assignments.

In the event a student needs to make certain arrangements for participation, submission, or
attendance, please seek prior approval from both the professor and the administration.

Assignments: Written assignments should be submitted as scheduled or required, in


the prescribed format. Since the students are expected to draft pleadings in answer, response
or controversial of previous pleadings, prompt submission is key to having the assignments
follow proceedings. Copies should be submitted in class for purposes of discussion and
exchanges; soft copies should be submitted to the email address provided. The source,
origin or author of the submission should be clear, otherwise the same may not be considered
and credited appropriately.

Readings: Students are required to read and refer to the Rules of Court (General
Provisions, Civil, Special and Criminal Procedure, Evidence), other Rules and Administrative
issuances of the Supreme Court, and the pertinent laws.

RESTRICTIONS:

Recording: Recording of the class is not permitted by any means, including but not
limited to audio, digital, mobile phone or through the use of a computer unless prior
permission is sought from the professor and/or administration.
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Computers/notebooks/Tablets/Mobile Phones: Use of the Internet or a cell phone, for
purposes unrelated to class, is not permitted during class. Urgent matters should be
addressed before or after class, unless permission is sought and granted. Please put your
phone in silent mode upon entering the classroom.

Participation: Preparation and participation is a mandatory requirement of this course.


Taking part in class discussion or recitation is expected. Points for class participation may be
increased or decreased based on your individual participation at the discretion of the
professor.

If your lack of participation during class is considered distracting, you will be asked to leave
the class which will be considered and designated as an absence.

The student is responsible for required readings and references necessary for the completion
of their assignments and submission.

The outline / syllabus below may be revised as the course progresses. The student should be
responsible for keeping him/herself updated.

I. Course Overview and preliminary arrangements

A. Discussion of coverage and expectations; arrangements of scheduled

b. Division of class into groups for case handling and deciding on the cases.

II. Applicable and Relevant Rules in Court Practice

1. Rules of Professional Conduct


2. Rules of Court (General, Civil, Special Criminal)
3. Special Rules:

a. A.M. No. 07-11-08-SC, 1 Sept. 2009: Special Rules of Court on


Alternative Dispute Resolution
b. A.M. No. 09-6-8-SC, 13 April 2010: Rules of Procedure for Environmental
Cases
c. A.M. No. 10-4-20-SC, 4 May 2010: Internal Rules of the Supreme Court
d. A.M. No. 12-12-11-SC, 27 August 2013: 2013 Financial Rehabilitation
Rules of Procedure (amendments based on RA 10142)
e. A.M. No. 15-06-10-SC, 25 April 2017: Revised Guideline for Continuous
Trial of Criminal Cases
f. A.M. No. 02-11-11-SC, 15 March 2003: Rules on Legal Separation
g. A.M. No. 10-3-10-SC, 18 Oct. 2011: Rules of Procedure for Intellectual
Property Rights Cases
h. A.M. No. 07-3-09-SC, 10 No. 2015: Simplified Guideline for Disposing of
Records of Long-Decided Cases and Unneeded Documents and Papers
i. A.M. No. 11-9-4-SC, 13 Nov. 2012: Rule for the Efficient Use of Pape
j. A.M. No. 12-8-8-SC, 4 Sept. 2012: Judicial Affidavit Rule

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k. A.M. No. 14-03-02-SC, 8 March 2014: Pilot Test of Rule 22 and 24 of the
Revised Rules in Civil Procedure
l. A.M. No. 01-7-01-SC. 17 July 2001, Rules on Electronic Evidence
m. A.M. No. 04-10-11-SC, 19 Oct. 2004: Rule on Violence Against Women
and Their Children
n. A.M. No. 004-07-SC, 21 Nov. 200: Rule on Examination of Child Witness
o. Rule on Adoption

4. Alternative modes of handling disputes


a. Conciliation
b. Mediation
c. Arbitration

5. Mandatory Court Forms (MCF)

III. Case Handling: Preparation and Drafting of Pleadings