GROUP 3

Lesson Plan
Title:
COURT PRACTICES/COURT AWARENESS AND
CONCERNS.

Course:
CRIMINAL INVESTIGATION COURSE Class 01-10
Module:
#4
Lesson Plan Number:
# 1`
Target Audience:

Date and Venue:

Time Allocated:
4 to 7 Hours
Learning Aids Required:
. Laptop . Projector
. White Board . Sound System
. Pen/Eraser . Writing Pad

Participant Equipment Required:

. Notebook and Pen . Bag
. Investigation Kit

Training Reference Used:

. Rules of Court . RPC
. Special Laws
Introduction:

The purpose of this module is to educate our

investigator on basic investigative education of our law
enforcement today in the Philippine National Police as
regards in testifying in court is concerns, It abounds in
legal and judicial forms drawn from actual litigations, as
concrete illustrations of factors that have weighed
heavily in the scales of justice and spelled the difference
between success and failure in specific cases. Indeed, the
outcome of a considerable number of suits has hinged on
questions relating to the form or substance of pleadings,
some apparently innocuous or too technical, particularly
for layman, which may account for the feeling of
frustration of many defeated litigants, a number of
whom might have otherwise had substantially
meritorious claims.
LEARNING GOAL:
The purpose of this Module is to equip the
student /investigators with the knowledge of
the law and the administration of justice, and
aid the prosecution and bring the offender to
the fold of law and see to it that the justice
had been done.
LEARNING OBJECTIVES:

At the end of the course, the participants

will be able to learn the real processes of
court awareness and court proceedings, such
as court demeanor, cross examination
procedure, court proceedings and court trial
proceedings.
• To make other documentary requirements in filing a
complaint/inquest proceeding until the justice had been
done.
• Ensure the admissibility of documents needed for
prosecution of the offender.
• Familiarize on the procedural process in filing a criminal
complaint.
• List the different modes of investigation and on how to
manage court pressure with respect to the cases being
handled by the investigator on the field.
• Apply different techniques of laws, procedures and
jurisprudence.
• List several modes of consultation with the prosecutors.
• Train and educate the participants on the program of
instruction subject for CIC in order for them to have a good
understanding the kind of training the students of CIC in
different regions will be undergoing.
A. COURT DEMEANOR as define; it
is a proper conduct in court like
proper attire, courteous language,
obedience to court proceedings and
observe with outmost care while in
the court room.
• Lack of opportunity to know; the witness was not in
a position to see that which he described;
• Mental or sensory deficiencies; the witness may have
had defective or impaired vision or hearing;
• Inattention; the witness was doing something else
before and at the time of the occurrence;
• Faulty memory; the witness can only naturally
remember better the spectacular, the unusual, the
dramatic but not the ordinary and commonplace;
• Suggestion; the witness may been influenced by
indirect suggestion from conversations with other
witnesses or a lawyer or even by the principle of
crowd psychology;
• Unsound judgment; the witness may have
overestimated say certain distances or
measurements.
B. CROSS-EXAMINATION as define; is the
interrogation of witness upon a trial hearing, or
taking a deposition, by the party opposed to the
one who produced him, upon his evidence given in
chief, to test its truth, to further develop it.
Now, the student must come to know as a witness of
the prosecution, you are obligated to be cross-
examined if opposing counsel desires. Cross-
examination typically involves the opposing
attorney attempting to weaken earlier testimony.
Consequently, your testimony may be attacked on
the following arguments:
C. MOOT/MOCK COURT-PE 3 days

The students will be divided in to

four (4) groups, each group well be having
actual presentation in moot/mock court trial
in actual cases being studied by the group
during their research period.
• There will be situations in which law
enforcement officer must testify in court
regarding his involvement in one particular
case, although testifying may seem
intimidating at first, but later on when the
process go more smoothly.

Appearance and manner.

1. Arrive at court early
2. Dress neatly and appropriately (use GOA “A”)
3. Be courteous with all court personnel
D. COURT OBSERVATION – PE 3 days

During the actual court observation,

student should learn on how the presiding
judge, the witnesses, the public prosecutors,
private prosecutors, clerk stenographer, police
and bjmp and others do their part.
The witnesses should only be asked to
testify on facts relevant to the case. Although
you must answer any question posed by the
examining lawyer (unless told not to by the
judge) you maintain the following rights as a
witness;
1. To be protected from irrelevant,
improper or insulting questions
2. Not to be detained longer than
necessary.
3. To be asked questions only on matters
pertinent to the case.
4. Not to give as answer which will
implicate you in a crime or wrong-doing?
5. Not to give an answer which will
degrade your reputation unless it is an
issue relevant to the case?
E. DIRECT EXAMINATION

The important thing

that should be considered
during the cross-
examination recross-
examination, direct
examination and redirect
examination, are;
1. Speak clearly and slowly.
2. Listen carefully to the question; answer only what is
asked.
3. If a question cannot be fairly answered with a yes or
no, say so.
4. If an objection is made, the question should not be
answered; if you have begun to give an answer, stop
immediately.
5. Never lose your temper or allow yourself to become
nervous or agitated.
6. Answer the question in your own words; do not try
to memorize answers ahead of time.
7. Above all, tell the truth.
THINGS TO REMEMBERED BY A WITNESS

1. Master the facts of the case.

2. Read all pertinent documents immediately before the
hearing.
3. Look at the defense counsel and concentrate when she asks
you a question.
4. Direct your answer to the judge.
5. Address counsels as “Sir” or “ma’am” and the judge as
“your Honor”.
6. Do not argue with defense counsel.
7. Give concise and responsive answers.
8. Be confident but not arrogant.
9. Be consistent on major points of your testimony.
10. Do not look at the prosecutor for clues to what you should
answer.
ORDINARY APPEAL ON CRIMINAL PROCEDURE- TO
KNOW YOU’RE REMEDY IF THE DECISION IS
ADVERSE.

a. SC
Rule 45 petition for review on
certiorari on pure question of law
CA
Rule 42 through verified
petition for review
RTC
Notice of appeal with MTC
MTC
 b. SC
Rule 45 petition for
review on certiorari on pure questions of law
to be filed with SC
CA
Notice of appeal (cases
less than D, RP, LI) on questions of fact and of
law or mixed

RTC (its original jurisdiction)

 Please be reminded that the period
of appeal shall be interrupted by a timely
motion for new trial or motion for
reconsideration. It is ruled that no motion for
extension of time to file motion for new trial
or reconsideration shall allowed

c. SC
Notice of appeal
CA
Notice of appeal
RTC (if the penalty RP, LI)
 d. SC
Automatic review
CA
Automatic review, case
forwarded automatically to CA to renders
judgment but refrains from entering
judgment, the case is certified and elevated
to the SC for final review.

RTC (Death)
In Civil cases as well as the criminal case
Question of Law and Question of Facts are
often times raise.

e. SC
Rule 45 (pure Question of law
SB (Sandiganbayan) imposes or
affirms a penalty less than D, RP, LI
 QF- issue regarding the truth falsity of the
statement of fact

f. SC
Notice of Appeal
SB (SG 27) tried the case its
exclusive and original jurisdiction where
penalty imposes is RP, LI
 Henceforth, all case tried by the
ombudsman shall be appealable to CA,
if the case was administrative if criminal
it is appealable to SC via Rule 45
petition for review on certiorari.

g. SC
Automatic review
SB (Sandiganbayan)
exclusive and original jurisdiction if the
penalty imposed death.
 h. SC

SB (appellate jurisdiction
and imposed or affirmed penalty) Notice of
Appeal if decision by the RTC is D, RP, LI

RTC
 i. RTC reverse order of dismissal?.the case will
remand to MTC to conduct appropriate proceedings.
Affirms- if it has jurisdiction, it should try
the case as if it has been originally filed with it. If it
has no jurisdiction the case remains dismissed.

MTC the MTC tried the case but with out

jurisdiction and it rendered judgment. The Remedy?
Party adversely affected should appeal to the RTC
w/o prejudice to the right of the parties to submit
additional pleadings or evidence
SUMMARY:
In this module, the participant’s student
investigators have come to know that in legal battles, a
person’s life, right, liberty or property is at stake. The police
investigators and police lawyer are duty-bound to handle
cases with meticulous care. It is of common knowledge that
numerous cases which have been meritorious were lost
even before trial commenced, for having been trapped in a
web of technicalities. Some were jeopardized because the
pleadings or testimonies presented before the court were
short on important details. this trainings on Criminal
Investigation Course having the full benefit of the vast
experience, provides a wealth of information on the
investigative techniques and skills, we fervently hope that
this training modules will contribute in some measure to
the pursuit of our vision that we educate the entire
investigators in the field nationwide that is independent,
effective, efficient and worthy of public trust and
• confidence; and the police profession shall provides ethical,
accessible, and cost-effective police service as field
investigators to our county-men as a whole.
• At the end of the day, the students perform practical
exercises regarding the Moot Court and Court observation
during actual court trials and proceedings.
• With regards to this course, the module and out-line,
the participants will have the working knowledge on the
trial procedures as well as the presentation of evidence in
court.
• This lesson plan provides the participants with the
proper exercises and critics on the basic procedures of
proper presentation and observation during court trial.
• This will also answer some legal implication on
failure and procedural lapses during the presentation of
evidences, and the court trial proceedings.
***GRADED WRITTEN EXAMINATION WILL FOLLOW
AFTER THIS***
 QUESTIONAIRE

RANK/NAME:________________________DATE:__________
UNIT ASSIGNMENT:_______________TOTAL SCORE:______
TEST .1- Definition of terms (10 points or 2pts each)

1. Define court demeanor?

2. Define cross-examination?

3. Define moot/mock court?

4. Define court observation?

5. Define direct- examination?

TEST. 2- ESSAYS (75 points)
1. Describe brief the modes of appeal from the
decision of lower court to Supreme Court?

2. What is the proper remedy for a denial of a

motion to compel a party to answer written
interrogatories?

3. What is the remedy against an order of

dismissal for failure to prosecute its appeal?
TEST. 3 - ENUMERATIONS (15 points)
1. What are the valid appearances in court hearing?

2. What are the rights of a witness?

3. What is the requirement of a witness to be considered

during the cross-examination, re cross-examination, direct
examination and re direct-examination?

4. Enumerate the things to be considered as a witness?

5. Enumerate the arguments by way of attacking the testimony

of the other party?

********** GOOD LUCK **********

SUGGESTED ANSWERS.

TEST .1- DEFINITIONS OF TERMS

Q # 1 Answer: it is the proper conduct in court like proper attire, courteous language,
obedience to court proceedings and observe with outmost care while in the court
room.

Q # 2 Answer: is the interrogation of witness upon a trial hearing, or taking a

deposition, by the party opposed to the one who produced him.

Q # 3 Answer: it is the process of illustrating the trial proceeding of the actual court
hearing.

Q # 4 Answer: as define, it is a process of court trial from trial to promulgation

process wherein everybody has its own rule to do.

Q # 5 Answer: it is the knowledge of the factual data decisive of the controversy

must of necessity spring from the testimony of witnesses given in the manner
prescribed by accepted procedure not from evidence dehors.
TEST. 2 - ESSAYS.

Q # 1 Answer: if the lower court (MTC) rendered adverse decision the

appellant may file a Notice of Appeal to RTC questioning the decision of
MTC, if affirm, the adverse party may file via Rule 42 petition for review
to Court of Appeals, if the same affirm, the petitioner may file via Rule
45 petition for review on certiorari to SC.

Q # 2 Answer: it is the appeal from an adverse judgment in the case on

petition for certiorari on pure question of law to be filed with SC.

Q # 3 Answer: an order of dismissal for failure to prosecute has the effect of

adjudication on the merits and the proper remedy is to file a notice of
appeal with the appellate court within the reglementary period.
However, if grave abuse of discretion amounting to lack or excess of
jurisdiction is alleged, the proper remedy is a petition for certiorari
under rule 65.
TEST 3 ENUMERATIONS

Q # 1 Answer: the following are the court appearance and

manner; a). arrive at court early, b). dress neatly and
appropriately and used GOA “A”, c). be courteous with all
court personnel.

Q # 2 Answer: the following rights of a witness are;

a. to be protected from irrelevant, improper or
insulting questions.
b. Not to be detained longer than necessary.
c. To be asked questions only on matters pertinent
to the case.
d. Not to give as answer which will implicate you in
a crime or wrong-doing?
e. Not to give an answer which will degrade your
reputation unless it is an issue relevant to the case?
Q # 3 Answer:
a. Speak clearly and slowly
b. Listen carefully to the question:
answer only what is asked.
c. If a question cannot be fairly answered
with yes or no, say so.
d. If an objection is made, the question
should not be answered: if you have begun to
give an answer, stop immediately.
e. Never lose your temper or allow
yourself to become nervous or agitated.
f. Answer the question in your own
words: do not try to memorize the answers
ahead of time.
g. Above all, tell the truth.
Q # 4 Answer:
a. Master the facts of the case.
b. Read all pertinent documents
immediately before the hearing.
c. Look at the defense counsel and
concentrate when he/she asks you a question.
d. Direct your answer to the judge.
e. Address counsels as “sir” or “ma’am” and
the judge as “your Honor”.
f. Do not argue with defense counsel.
g. Give concise and responsive answers.
h. Be confident but not arrogant.
i. Be consistent on major points of your
testimony.
j. Do not look at the prosecutor for clues to
what you should answer.
Q # 5 Answer:
a. Lack of opportunity to know; the witness
was not in a position to see that which he described;
b. Mental or sensory deficiencies; the witness
may have had defective or impaired vision or hearing.
c. In attention; the witness was doing
something else before and at the time of the
occurrence.
d. Faulty memory; the witness can only
naturally remember better the spectacular, the
unusual, the dramatic but not the ordinary and
commonplace.
e. Suggestion; the witness May been influenced
by indirect suggestion from conversations with other
witnesses or a lawyer or even by the principle of
crowd psychology.
 f. Unsound judgment; the witness may
have overestimated say certain distances or
measurements.

***** HAVE A NICE DAY AHEAD *****

BAWAL MATULOG