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Ranin, Manilac Melissa S.

BSA-II POSC 12

Miss Grace Chua- Magalzo

Republic of the Philippines REGIONAL TRIAL COURT 7TH Judicial Region Branch 3 City of Cebu

I. Preliminaries CASE TITLE: CRIMINAL CASE No.: FOR: PRESIDING JUDGE: Judge Rosabell Tormis COUNSELS/ LAWYERS: Prosecutor Rhodna A. Bacatan Atty. Clyde Lovedica PARTIES TO THE CASE: People of the Philippines *Plaintiff* -versusDELMAR NACAYTUNA UCAB *Accused* x----------------------------------/ -for the State -for the Accused 5032 DIRECT ASSAULT

FACTS OF THE CASE The case is all about Delmar Nacaytuna Ucab who is charged and accused for Direct Assault for commting as follows: That on January (Im not sure with the exact date) around, 9:00 oclock in the evening in Cebu City and within the jurisdiction of the honorable court the above named accused, did then and there knowingly, unlawfully and criminally kick SPO1 RUBBIE ABUZO ABSUELO and PO3 JESSIRO FABRE QUIBLAT. The accused also challenged to first fight PO1 BRYAN PAMISA YAMARO, while in performance of their official duty as Police Officers, to their damage and prejudice and the authority they represent and stand for.

II. Observation Upon visiting Regional Trial Court of Cebu Branch 3 last week, I was not surprised how the physical set-up of the court room looks like, because I am used to go with my mom, who works as a stenographer at Municipal Trial CourtCamiguin Island, Mindanao. Anyway, the reason of divulging this is for the reason of comparing the differences of the 2 courts that I have been to. Upon hearing the case here in RTC CEBU, I was disturbed how messy papers are in the court sala. Its not that I am a meticulous person, but it is just that it is so annoying, disturbing and irritating to see all those tons of papers stacked in the floor, above the cabinet, around and anywhere. Aside from that, the court is somewhat noisy. I cant even hear what the judge is saying because of his low voice. I was also disappointed to witness, how informal the staff while the trial is going on. Furthermore, I was so delighted to know how the court usher cracks her English jokes. Apparently, the court usher, the one who translates, has crooked grammar, which is why the judge always corrects the translator. True to say, I am no perfect English speaker and not that I am degrading her ability, but its just that her grammar really transforms the meaning of what the witnesses or the person sitting in the front is saying. Really, knowledge and ability of speaking matters a lot!

III. Constitutional Relevance The case is about the allegedly accused man who was charged with Direct Assault. In this situation, the said accused didnt had the chance to see the witnesses of the complaint. For this, he must then exercise his right- the right to meet the winesses face to face and his right to compulsory production of witnesses and evidences. In this way, if proven untrue, he could then start establishing his innocence. While the complainant tries to state and present their evidences (medical result), the accused must then rebut what the complainant said, or else, the evidences presented in the complainant side might be declared as prima facie. Aside from the accused right to be heard, he must also be assumed innocent unless proven guilty beyond reasonable doubt. In this particular instance, the court should afford him the benefit of hearing him out before making any judgement. Since the case is still on going, and still not yet done, the case was scheduled again on April 18 this year for the next trial. The right to have a speedy, impartial and public trial should be exercised by then. His case in the judicial process, must not be delayed for long, because if this happens, it will serve this as a refuge of the accused if he is guilty and a can be then considered as a continuing injustice for him if he is innocent. IV. Insights and Reflections It is sad to note that the administration of our Justice System highly needs the emphasis of judicial ethics as a positive response to public opinion. Just like the outnumbered cases they handle, the role in the society today is now more prominent, and dissatisfied with their backed up complaints about the work of the courts. Their delay in handling the cases, the lack of transparency of judicial proceedings and the widespread of judicial misconduct must be highly addressed because the public or WE are already forming an absolute widespread of distrust of the Philippine judiciary. They must be worthy of our trust by giving us a morally upright justice system.

To conclude, they must be always aware then to prove to us that Justice delayed is justice denied is NOT true at all. Finally, they must always be in the frontline to reveal the truth, to uncover the truth, to bring the truth to the light of the day, for it to be considered as a guiding spirit of the trial.

V. Recommendations With all the critcisms I have said above, I think it would be very nice to hear and conduct trial of both parties in a place where there are no distractions, no noise, and with the pleasing and convincing personality of the lawyers, thus, not redounding their professional demeanors. Contrary to that, I am still hoping for the professional quality of judges and lawyers, where they are ought to exercise judicial professionalism that demands competence to adjudicate cases according to the law and to the high standard of morality and a conduct for them to have a fair and impartial trial. Considered as the public power, our Judicial System must not be privatised, personalised and localised that will cognate in their private interest. It is worthy to note that the ethical standards required from them (those in authority) really calls for, perhaps, the highest and most rigorous standards, sacrifices and disciplines compared to other professions in the community. Hence, everybody must be aware of the laws, and the systems in our country. To the president, he must always be reminded to obey judicial orders to maintain the rule of law. If ever he disobeys it, then no one will be safe from presidental dictatorship. *** BY:

MMS-R

Herewith the attached Certificate of Appearance (PAGE 1).