Atty. Edman B.

Pares
I. Gathering of Evidence
a. KNOWING THE FACTS
1. Factual Elements
-Factual issues to be raised or expected
to be raised
2. Legal Elements
-Law involved
e.g. A fire his gun at B, what crime did he
commit?
A kissed and touched the breast of B, what
crime did he commit?
If A missed, the crime may either be illegal
discharge of firearm, alarm or public scandal,
attempted homicide or murder, or plain grave
threats.

If the intention was to compel B to do something,

its grave coercion.

If just to satisfy As silly whims, unjust vexation.

If B was hit, it may either be attempted,

frustrated or consummated homicide, murder,
parricide as the case may be.
If the intent was to lie down, it is attempted
rape.

If no intent to lie down, only lewd design, acts

of lasciviousness

If just to satisfy ones whims, it is unjust

vexation
b. SOURCES OF FACTS
1. Client
Rule Let him talk. Do not interrupt. After
narration, ask questions not only to make
narrative coherent but also to elicit other
material facts. Then, cross-examine.
Questions
-Personal circumstances
-Antecedent facts/reasons for coming to office
2. Documents
3. Witnesses
4. Physical objects
e.g. ocular inspection, photographs
5. Technical advances in criminalistics
e.g. Dacylography, Questioned documents,
etc.
c. CONSULTATION WITH CLIENTS
-Apprise of development

d. BRIEFING THE CASE

1. Study applicable laws
2. Analysis of precedents
3. Use of tratises
II. DOCUMENTATION
A. COMPLAINT v INFORMATION
Both are written accusations of the
commission of a crime but differs in the ff:
1. complaint may be signed by the offended
party, any peace officer or other public
officer charged with the enforcement of the
law violated while the information is signed
by the prosecutor.
2. Complaint is sworn to by the person
signing it while information need not be
under oath.
3. complaint may be filed with the court or
the prosecution while information is with the
court only.
B. Sufficiency of the complaint or information:
1. Contents:
a. Name of the accused
b. Designation of the offense by the statute
c. Acts or omissions complained of
d. Name of the offended party
e. Approximate time of the commission
f. Place where the offense was committed
g. Specify qualifying and aggravating
circumstances

2. Must be in an ordinary and concise

language.
C. PARTS OF INFORMATION.
1. THE CAPTION
a. Name of the Court
b. Name of the parties
c. Designation of the offense by the statute
d. File or docket number

Republic of the Philippines

Regional Trial Court
Fifth Judicial Region
Branch 25, Naga City
People of the Philippines
-versus- CRIM CASE NO._
FOR: RAPE
JOSE DELA CRUZ
Sta.Cruz, Naga City
(Arrested)
2. Text or Body
a. Name of the defendant
b. Designation of the offense by the statute
c. Acts or omissions complained of as
constituting the offense
d. The name of the offended party
e. Approximate time of the commission of
the offense
f. Place where the offense was committed
g. Qualifying and aggravating circumstances
h. Allegation of habitual delinquency..if any.
The undersigned accuses Juan De la Cruz alias PNOY,
of the crime of murder, committed as follows:

That on or about July 1, 2012, in the City of Naga,

Philippines, the said accused with use of superior
strength, did then and there willfully, unlawfully and
feloniously, with intent to kill and with treachery and
evident premeditation, attack, assault and use
personal violence upon one Pedro Santos by then and
there stabbing him with a knife on the stomach
thereby inflicting upon the latter mortal wounds
which were direct and immediate cause of his death
thereafter.

Contrary to law.

John Peter
Prosecutor
3. Certification of Preliminary Investigation.
Types
a. Certification of PI where accused is not
under detention or if under detention waived
his rights under Article 125 of the RPC.
b. Certification of PI when accused is under
detention without waiving Art. 125 of RPC.

4.List of Witnesses
-All probable witnesses with an indication of
their residence or place of work. If witness is
required to bring documents, it must be
stated and describe therein with familiarity.

5. Bail Recommended
Preliminary investigation is an inquiry or proceeding to
determine whether there is sufficient ground to engender
a well-founded belief that a crime has been committed
and the respondent is probably guilty thereof, and should
be held for trial.
Except as provided in section 7 of this Rule, a preliminary
investigation is required to be conducted before the filing
of a complaint or information for an offense where the
penalty prescribed by law is at least four (4) years, two (2)
months and one (1) day without regard to the fine.

When a person is lawfully arrested without a warrant

involving an offense which requires a preliminary
investigation, the complaint or information may be filed by
a prosecutor without need of such investigation provided
an inquest has been conducted in accordance with existing
rules. In the absence or unavailability of an inquest
prosecutor, the complaint may be filed by the offended
party or a peace office directly with the proper court on
the basis of the affidavit of the offended party or arresting
officer or person.
 Judge
Branch Clerk of Court
Legal Researcher
Sheriff
Court Interpreter
Court Stenographer/Reporter
Clerks
Process Server
Utility
Check your clothing and appearance.
Review your records.
Personal notes and reports.
Photos, video tapes of the scene, exhibits and
other objects (seized and marked by you and held
as evidence) and any transcripts of your previous
courtroom testimony.
(Report early or at least on time to: The office of
the public prosecutor who subpoenaed you.
Review the case with that attorney.
Express your concerns about the case and/or
fears about your testimony to the attorney before
the trial.
If you do have a "skeleton" in your closet, tell
your attorney before your court hearing so that
s/he may evaluate it.
Wait at the court room if you arrive early.
Failure to respond on time to a lawful subpoena
may result in a contempt of court charge against
you or a dismissal of the action against the
defendant/respondent, or a warrant for your
arrest.
Remain at your location until you are called as a
witness. If you must temporarily leave for any
reason, tell your lawye ror a member of the Court
staff where you are going and when you will
return.
It is very important to review the case before
the Court hearing to "tie up loose ends" and
refresh your memory.
 Dress like a professional.
Dress conservatively and, when appropriate, wear
good quality clothing.
If you have a choice, always dress as well as the
other people who may appear in court.
Avoid wearing loud colors.
Remember that the "good guys" never wear black.
Always be neat and clean.
Avoid putting anything on your hair that makes it
shine or appear greasy.
Avoid wearing tinted or dark colored glasses in
the courtroom.

Wear only functional jewelry (e.g., wedding ring

and wrist watch).
 Act Like a Professional
Behave properly. While you are waiting for your case to be called,
be attentive, quiet, and respectful. The judge is observing more
than just the parties at hand. This is particularly true if you have a
presiding judge who is a stickler for certain issues. For example, if
the judge does not like drinks or food in the courtroom, do not be
the person who gets called out for having drinks and food in the
court. You run the risk of making the judge angry at you before you
even start, and you set a poor example for others who have less
exposure to the court system.
Speak to the court with respect. Even if you do not respect the
judge on a given day, give the court the respect it deserves. The
court is the best system we have for resolving controversies and
administering justice in this country. The ideal and principles that
stand behind the courtroom are to be admired and respected by
all.
Your demeanor on the witness stand is an important part of your
testimony.
Avoid being perceived y as silly, cocky, argumentative, bored or
defensive.
Have nothing in your pockets or on your person that "jingles" (e.g.,
coins, keys, earrings).
Never chew gum or have related substances in your
mouth while testifying. It interferes with clear
speech. People may pay less attention to your
testimony if the notice the chewing. A sudden cough
or sneeze could send that substance into the
courtroom.
When not using your hands to gesture, keep them
folded in your lap while seated in the witness stand.
Remember, someone is always watching you.
If you must speak to your lawyer, do it before the
trial or at the break.

Be polite to the attorneys on both sides of the case.

Show respect to all of the courtroom officials. Be
particularly attentive when the judge is speaking.
Listen to what s/he is saying and be prepared to
respond, if necessary.
 If you are required to draw a diagram, do your art
work first and then explain it.
When you are explaining a diagram, be sure to stand
next to it so that you are not blocking the view of the
judge or attorneys.
If you know in advance that you will be required to
draw large diagram in court make every effort to
complete: before court and bring it with you. Be sure
to check carefully for accuracy. Let your attorney know
of your preparation.
If you must address the Court staff, use their
respective titles.
Addressing the judge: "Your Honor.
Be certain that your cell phone is turned off. The
Court may fine a person whose cell phone rings during
a Court hearing.
When the Judge enters the Courtroom, you should
always stand up from your seat to show respect and
deference to the Court.
 What do hurricanes and women have in common?
When they come they're wild and wet, but when
they go they take your house and car with them.

What do you call a woman who works as hard as

a man?
Lazy.

What do you call a woman who knows where

her husband is every night?
A widow.

What is the difference between a battery and

a woman?
A battery has a positive side.
 How does a woman know
her man is cheating on her?

He starts bathing twice a week.

Why do women rub their eyes when

they wake up?

Because they don't have balls to

scratch.
 - who testify in a cause or give evidence before a
judicial tribunal
To testify under oath. Why? to affect his
conscience and thus compel him to speak the
truth and also to lay him open to punishment for
perjury in case he willfully falsified.

What is an affirmation?
-it is a solemn and formal declaration that the
witness will tell the truth, the whole truth and
nothing but the truth, this being substitute for
an oath in certain cases. It is also called a
solemn declaration without an oath.
- It should be administered before the
examination in all cases and its
administration can be waived. Thus, if a
patty fails to object to the taking of the
testimony of a witness without the
administration of an oath, he will be deemed
to have waived the objection.

How should the testimony of a witness be

given?

-as a rule, it is given orally, unless the witness

is incapacitated to speak, or the question
calls for a different mode of answers.
Who conducts the examination of witnesses?
- it s ordinarily conducted by counsel.

Forms and nature of the questions that may and may not be
propounded to a witness:
1. Questions must not be indefinite or uncertain.
2. Question must be relevant.
3. Question must not be argumentative.
4. Question must not call for conclusion of law.
5. Questions must not call for illegal answer.
6. Question must not call for opinion or hearsay evidence.
7. Question must not call for self-incriminating testimony.
8. Question must not be leading.
9. Question must not be misleading.
10. Question must not tend to degrade reputation of witness.
11. Question must not be repetitious.
 "Objection, your Honor, the question is
ambiguous."
A question is ambiguous if:
It may be misunderstood by the witness. It is
objectionable on the ground that it may take on
more than one meaning.
"Objection, your Honor, the question is
argumentative."
A question is argumentative if:
It is asked for the purpose of persuading the jury
or the judge, rather than to elicit information.
It calls for an argument in answer to an argument
contained in the question.
It calls for no new facts, but merely asks the
witness to concede to inferences drawn by the
examiner from proved or assumed facts.
"
 Objection, your Honor, the question has been asked and
answered."
A question may be objectionable on the ground that
The witness has already answered a substantially similar
question asked by the same attorney on the same subject matter.
"Objections, your Honor, the question assumes facts not in
evidence."
A question assumes facts not in evidence if:
It presumes unproved facts to be true. Example: "When did you
stop beating your wife?" This question assumes that the person
has beaten his wife.
"Objection, your Honor, the question is compound."
A question is objectionable on the ground that it is compound
if:
It joins two or more questions ordinarily joined with the word
"or" or the word "and."
"Objection, your Honor, the question is too general."
A question is too general, broad, or indefinite, if:
It permits the witness to respond with testimony which may be
irrelevant or otherwise inadmissible. Each question should limit
the witness to a specific answer on a specific subject.
 "Objection, your Honor, the question is hearsay."
A question is hearsay if:
It invites the witness to offer an out-of-court
statement to prove the truth of some matter in court.
There are many exceptions to the hearsay rule.
Objection your honor, irrelevant.
A question is irrelevant if:
It invites or causes the witness to give evidence not
related to the facts of the case at hand.
"Objection, your Honor, the question is leading."
A question is leading if:
It is one that suggests to the witness the answer the
examining party desires. However, this type of question
is allowed on cross-examination of a witness.
"Objection, your Honor, the question mis-states the
evidence."
A question misstates the evidence if:
It misstates or misquotes the testimony of a witness or
any other evidence produced at a hearing or at a trial.
 "Objection, your Honor, the question calls for
a narrative answer."
A question calls for a "narrative answer" if:
It invites the witness to narrate a series of
occurrences, which may produce irrelevant
or otherwise inadmissible testimony.
Question and Answer interrogation is the
standard format. It allows opposing counsel
to object to improper questions.
"Objection, your Honor, the question calls for
speculation."
A question is speculative if:
It invites or causes the witness to speculate
or answer on the basis of conjecture.
A. A witness on the stand was asked: Now, when you
went to the butchers shop or slaughter house for
the first time, did you go in? Is the question
objectionable?

B. In the trial of a case an expert witness is asked

whether it is possible to stop a train running at a
certain speed within a certain distance. It appears
however, that the train in question was running at a
greater speed? May it be objected?

C. In the cross examination, a witness was asked if he

had ever heard of a contract like the one in issue
being made by a certain company. Is it
objectionable?

D. D. The question asked begins with : What did you

understand xxxxx? Objectionable?
A. Yes, on ground that it is uncertain and
indefinite as it could be understood
whether it referred to the butchers shop or
slaughter house.

B. Yes. Answer will be irrelevant as it was

established that the train was running in
greater speed.

C. Yes. Hearsay.

D. Yes. It calls for conclusion.

E. In an action to recover sum of money, a
witness was asked: did you ever have a
conversation with the plaintiff in which he
showed you memoranda on a book against
the defendant for a certain sum?
Objectionable.

F. At the trial of the case, the issue being

whether the insured was really deceased or
had fraudulently pretended to be drowned,
the following question was asked of the
witness State what was the nature of the
current where Jose fell in? The witness did
not know either that Jose was dead or he fell
into the river. Is this question proper?
E. Yes. Leading as it permits the witness to
adopt examiners words and version of the
material issue.

Other particular phrases which may indicate

leading questions: Didnt, does it not,did
you, have you or have you not, it is not a
fact, tell the court its true, isnt it, tell the
court if,

F. Misleading as it assumes a controverted fact.

1. General answers - an answer though general,
may be proper. An answer that is too general,
and not confined to the issues involved is
properly excluded.
2. Categorical answers yes or no questions
3. Answer based on witness own knowledge in
part
4. Repetitious answers
5. Answer must be responsive to the question
asked a non responsive answer is one that
states facts not called for by the question.
6. Partly responsive answer
7. Unresponsive but relevant answer.
1. Where a party witness is his own counsel.
2. When allowed by the trial court in the
exercise of its discretion as in the case of a
witness who was allowed to describe a
transaction from the beginning once his
attention has been drawn to the time and
place of the scene of action.
 Rights and obligations of a witness. A witness must
answer questions, although his answer may tend to
establish a claim against him. However, it is the right
of a witness:
(1) To be protected from irrelevant, improper, or
insulting questions, and from harsh or insulting
demeanor;
(2) Not to be detained longer than the interests of
justice require;
(3) Not to be examined except only as to matters
pertinent to the issue;
(4) Not to give an answer which will tend to subject
him to a penalty for an offense unless otherwise
provided by law; or
(5) Not to give an answer which will tend to degrade
his reputation, unless it to be the very fact at issue
or to a fact from which the fact in issue would be
presumed. But a witness must answer to the fact of
his previous final conviction for an offense.
-prohibition against legal process to extract
from the defendants own lips, against his
will, an admission of guilt. It extends to
production of inculpatory documents.
-it must be claimed otherwise it is deemed
waived.
-there are disclosures not violative of right
against self incrimination: be required to
stand up in court, to submit to physical
examination, finger printed, photographed,
paraffin test
1. Plaintiff must produce evidence on his part.
2. The defendant shall then offer evidence in
support of his defense, counterclaim, cross
claim and third party claim.
3. The 3rd party defendants, 4th, etc shall introduce
evidence of his defense, counterclaim, etc.
4. The parties against whom any counter
claim or cross claim has been pleaded shall
introduce their evidence.
5. Rebutting evidence
1. The prosecution present evidence to prove
charge and in proper cases, civil liability
2. Defense presents evidence
3. Rebutting evidence
4. Submitted for trial unless court requires
submission of memoranda.
5. If lawful defense is interpose by accused,
reverse trial.
1. Direct examination by the proponent
2. Cross examination by the opponent
3. Re direct examination by the proponent
4. Re cross examination by the opponent
Direct examination examination in chief of a
witness that is, the initial examination by the
party calling him.

Cross examination examination of a witness

by the party opposed to the party who called
such witness, the latter party having
examined, or having entitled to examined
such witness in chief.

Re direct further interrogation by a party of

his own witness after cross examination

Re cross done after direct, cross and re direct

examination by the party opposed.
1. Identification proof that the document being
presented is the same one referred to by the
witness in his testimony.
2. Marking all exhibits should be marked to facilitate
their identification. Plaintiff uses capital letters
while accused uses arabic numbers.
3. Authentication the proof of a documents due
execution and genuineness if the purpose is to show
that it is genuine; and proof of forgery, if the
purpose if to prove such forgery.
4. Inspection if evidence is in writing, it may be
inspected by adverse party.
5. Formal Offer After termination of the testimonial
evidence by stating the purpose for which the
document is presented.
6. Objections
7. Ruling
 Offer of evidence. The court shall consider no
evidence which has not been formally offered.
The purpose for which the evidence is offered
must be specified. (35)
When to make offer. As regards the testimony
of a witness, the offer must be made at the time
the witness is called to testify.
Documentary and object evidence shall be
offered after the presentation of a party's
testimonial evidence. Such offer shall be done
orally unless allowed by the court to be done in
writing.
Tell the Truth!
Be yourself!
Be natural and use common language. If you
cannot speak English, inform the court or your
attorney before you testify.
Try to avoid work related jargon or slang.
Speak in a clear tone of voice.
Avoid covering your mouth or resting your chin on
your hand while you are speaking. Speak at a
normal rate of speed so that the court reporter
and the judge can hear your words.
When asked a question, pause, think about the
question and think about your answer before you
start talking.
Simple "yes" or "no" answers should be directed to
the person who asked the question.
Answer the questions with a "yes" or "no," if
possible. Explain only if told to do so. Be brief
and on point if a narrative answer is requested.
Avoid answering any question that you do not
understand completely. Ask to have the question
clarified.
I do not know or "I do not remember" are valid
answers, if appropriate.
I do not know" means that you do not and never
did know something.
"I do not remember" means that you may have
known something at some previous time, but do
not remember it now.
Use terms like "approximately" when asked for
measurements of time and distance.
Avoid giving the answer to a question until the
attorney has finished asking it.
Avoid allowing yourself to be talked into false
testimony or affirming incorrect statements.
Listen carefully to each question, and be sure
that everything in it is true before adopting it as
your own. For example: "Isn't it true that..."
If you realize that you have made an error in
your testimony, immediately ask the judge for
permission to correct the error.
If your testimony is interrupted for any reason,
stop talking. This is especially true when it is
interrupted by a question from the judge or
counsel's objection.
Avoid being anxious to volunteer information.

Avoid testifying, reading from or otherwise referring
to your report without first asking for permission
from the judge to refresh your recollection by looking
at it.
Remember that all documents taken by you to the
witness stand can be examined by either attorney.
If you are asked to read a document out loud by an
attorney or the judge, read it slowly so the court
reporter can record your testimony.
Remember that you cannot offer or volunteer your
opinion unless you are testifying as a court qualified
expert witness.
An expert witness (e.g., a DNA expert) is entitled to
express an opinion in the areas of his/her expertise.
Do not be intimidated by the attorneys. They are
simply representing their clients. Remember to only
answer the question asked of you. Do not hesitate to
ask for clarification if you are uncertain about a
question.