Books to read

I would highly be endorsing the books written by Justice Pronove if you're a new trial lawyer. Aside from having the confidence to be in the courtroom, you must also be prepared for your case and must still have what you learned in law school.

These books are helping me now in my practice:

1. Evidence in Action
2. The Art and Technique of Cross Examination

All authored by Justice Ricardo L. Pronove, Jr., it is available in Central Books.

The Art and Technique of Cross Examination

I labored through the internet to find a copy of this book that I was referred to Philippine Elib showing that a book is physically located in UP Diliman College of Law. Also, the title of the book is The Art and Technique of Cross Examination with Rules on Electronic Evidence. But it's not available for sale at Elib because it doesn't have an item cost and honestly, I was confused with that website.

So I asked my sister who was in AdDU that time to drop by at Central Books and inquire if they have this book. And yes, they have around 7 copies left and it sells for P450 a copy. Yey! But when I got the book, it's title is different from that I have found online. My book's title is the Art and Technique of Cross Examination plus Cross-Examination in Arrest and Detention Cases. Hmmm, it's not a fatal discrepancy, though.

In my initial reading, I readily noticed Justice Pronove's style in book writing. It is written briefly and only the very important matters are discussed in the book. By the way, it's just 99 pages and I found the font larger than expected. I haven't finished reading it but there's one line that really caught my attention on its introduction page: "Probably because of the challenging nature of cross-examination, may lawyers shy away from trial work, choosing instead the more peaceful but lucrative corporate practice." How's that for a tip? Who wouldn't want a more peaceful but lucrative lawyering practice? Hahaha!

Are you ready for trial? =)

***UPDATED June 30, 2011:

So, I was able to read parts of this book. It's a really good book. However, there is one major flaw: this book has several typographical errors. I hope that the publisher of this book would reprint it and correct all the typographical errors.

Cross Examination

Kudos to me! I have survived my first cross examination! (Applause)

I was lucky that the opposing counsel was not very fond of objecting and he never really objected to any of my questions this morning, except for the last one, which last  question did not really come from me but coached by my senior.

Honestly, I think that I have to read (again) Justice Pronove's book, Evidence in Action. I did not really make any objection during the direct and redirect examination because I just don't want to and the conduct and questioning was really on my favor. =)

Hahaha! I feel like a student again. I hope someday, my posts would be tips on the conduct of trial.

Tomorrow, I will be attending a hearing for the reception of evidence. Tomorrow's case is a weird one because it's consolidated and there seems to be a controversy in the person of none other than the public prosecutor. I will tell you about it later.

Anyway, as I was reading Evidence in Action, I was referred to another book of the same author, The Art and Technique of Cross Examination. I've googled it just recently and there's an elib.gov.ph where it's listed but not available. The latest publishing is on 2004. I hope I'll find it in our local Rex Bookstore or Central Books.

Sayri ang Balaud (Know the Law)

Davao City, Philippines. Listen to Sayri ang Balaud at Radyo Ukay DXUM 819, every Tuesdays and Thursdays, 5:00 PM to 6:00 PM.

I was there earlier to talk about VAWC (RA 9262: Violence Against Women and their Children). My topic included child abuse but due to time constraints, we were not able to discuss about it and just focused on VAWC. Maybe we can schedule Child Abuse next time...

The people behind Sayri ang Balaud:

Program Coordinator: Jessie James Marcellones

Anchor: Jerry Bato

Co-Anchor: Leonor Suyman

Researcher: Dustin Betonio

My first appearance

How did your Practice Court classes go? During our time, Dean Q was our teacher in Practice Court. I was assigned in a murder case, to be the private prosecutor. Adolf was the public prosecutor, Elisa was the private complainant, Lloyd was the accused. I forgot who the defense counsels were but one of them was Edgard.

Our practice court was filled with humor. But more than humor, I was nervous!!! I was nervous because I did not prepare for our case. I was just banking on the idea that the private prosecutor is under the direct supervision and control of the public prosecutor and with that on my mind, I thought that I could evade examining the witness if I call for Adolf's help. I can see some of my classmates reading their script as if Practice Court was a play. And then I somehow regretted it, why didn't we make a script? It's too late for it now.

Dean Q's instruction is that when he pounds the gavel after the question, there must be an objection. It is for the student (opposing counsel) to state the grounds for the objection. It's funny  because when it was my turn to examine our witness, right after my first question, I heard the sound of the gavel. I was appalled! But the opposing counsels were also quite adamant on what objection to make. I said I would rephrase my question, which I did, and I heard another loud crack from the gavel. Oh my God! This is harder than I thought! I still had a few more objectionable questions until I gave up and went back to my one and only plan which is to call the public prosecutor for help.

I would never forget that day. There are some witty quotes from my classmates and also from Dean Q such as this:

Dean Q: Janice, why are you not in your proper attire? (Janice was not wearing a blazer).

Janice: Your honor, my car broke down on my way here to court, I used my blazer to clean the engine.

Dean Q: So, you're not only a lawyer, you're also a mechanic?

And then the classroom was filled with laughter.

On my first real appearance as a lawyer, it was time for the cross-examination of our witness. I was a little prepared but I am still nervous and was praying that the butterflies in my stomach would disappear. My only consolation is that when our case was called, there are only very few people left in the court room.

The funny thing is I was able to evade my first real appearance. The prosecutor during that time had to leave and delegated me to handle the cross examination on my own. I didn't know how to respond and just asked the court if a certain lawyer (my uncle who happens to be there) to assist me. The court granted my request and because of that, it was my uncle who made the objections.

I had a series of court appearances after that. I'm still young at this field but I'm continually learning. 

Ombudsman

The following text was taken from the Office of the Ombudsman Primer given to the new lawyers and guests during the IBP Davao City Chapter Orientation of New Lawyers.

How was the Office of the Ombudsman created?

The 1987 Constitution, in its declaration of Principles and State Policies, mandated that the State shall maintain honesty and integrity in public service and take positive and effective measures against graft and corruption. It was likewise reiterated that public office is a public trust and that public officers and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty and efficiency, act with patriotism and justice and lead modest lives. The same Constitution gave birth to the Office of the Ombudsman which it has expressly described as an “independent body” and “protector of the people”. It has vested the Office with brad and comprehensive powers in order to institute reforms in the bureaucracy and prosecute erring public officials.

With the nature of the Office of the Ombudsman under the fundamental law, President Corazon C. Aquino issued Executive Orders No. 234 and 244 on July 24, 1987 decreeing the formal organization of the Office of the Ombudsman, and transforming the former Tanodbayan into the Office of the Special Prosecutor as its organic part.

The presidential executive orders were superseded by Republic Act No. 6670, otherwise known as the Ombudsman Act of 1989, which was approved by President Corazon C. Aquino on November 17, 1989. RA 6670 further put flesh to the organization and functions of the Office of the Ombudsman, The same law reiterated the integration of the Office of the Special Prosecutor into the Office of the Ombudsman.

Under both the Constitution and RA 6670, the Ombudsman was principally tasked to investigate on its own or on complaint by any person, in any form or manner, by any act or omission of any public officer or employee, including those in government-owned or controlled corporations, which appears to be illegal, unjust, improper or inefficient. The Ombudsman was further tasked to perform the functions of graft prevention and public assistance.

On May 12, 1988, the Office of the Ombudsman became operational upon the appointment of the Ombudsman and his Deputy. Shortly thereafter, one Deputy Ombudsman each for Luzon, Visayas, and Mindanao were likewise appointed by the President. In 1990, Deputy Ombudsman for the Armed Forces of the Philippines was also designated.

Who may be appointed Ombudsman and Deputies?

The Ombudsman and their Deputies shall be natural-born citizens of the Philippines, and at the time of their appointment, shall be at least forty years old, of recognized probity and independence, and members of the Philippine Bar, and must not have been candidates for any elective office in the immediately preceding election. The Ombudsman must have for ten (10) years or more been a judge or engaged in the practice of law in the Philippines. (Art. XI, Sec. 8, 1987 Constitution)

The Ombudsman and his Deputies shall be appointed by the President from a list of at least six (6) nominees for every vacancy thereafter. Such appointments shall require no confirmation. They shall serve for a term of seven (7) years without reappointment. (Art. XI, Sec. 9 & 11, 1987 Constitution)

Mission Statement

As protectors of the people, we shall endeavor, in cooperation with all sectors of the Filipino society, to promote integrity and efficiency and high ethical standards in public service through proactive approaches in graft prevention and public assistance, prompt investigation of complaints and aggressive prosecution of cases filed against erring public officials and employees.

Vision Statement

A truly independent office run by God-fearing men and women with highest degree of competence, honesty and integrity, and effectively serving as watchdog, mobilizer, official critic and dispenser of justice for the people it is constitutionally mandated to protect.

Roles of the Office of the Ombudsman

Watchdog

It looks at the general and specific performance of government officials and employees in order that the law may be administered and executed justly, fairly and equally at all. It also sees to it that steady flow of service is accorded to the citizens.

Mobilizer

It effectively utilizes the support of non-governmental organizations (NGOs), the youth sector and other major sectors of the society in the drive against graft and corruption. It establishes a continuing partnership with other agencies for nationwide campaign for integrity in public service and propagation of sound Filipino values of honesty, discipline, respect for elders and authority.

Official Critic

It studies laws, procedures and practices in government, and makes appropriate recommendations for a systematic operation of the government machinery free from bureaucratic inconveniences.

Dispenser of Justice

It administratively sanctions erring government officials and employees and criminally charges and prosecutes the same officials including private persons found to have conspired with them.

Five Major Functions

1.       Public Assistance. The Office of the Ombudsman extends assistance to citizens in getting from government basic public services.

2.       Graft Prevention. The Office of the Ombudsman may prevent or stop a public officer or a government agency from performing an act which might cause injury to the government or to the people. Corruption prevention also embraces the study and adoption of ways and means to minimize, if not to eliminate, the opportunities for committing corruption, to awaken the people’s awareness of its evils and solicit their cooperation in its eradication, as well as to maintain efficiency in government operations.

3.       Investigation. The Ombudsman exercises unique prerogative. He does not only conduct preliminary investigation of cases which may be filed with its Office. He even has the authority to conduct the fact-finding investigation to gather evidence, like what the police and National Bureau of Investigation (NBI) do. This has resulted in the prosecution of cases which otherwise would have been set aside for insufficiency of evidence.

4.       Prosecution. The Ombudsman has the Office of the Special Prosecutor to prosecute the cases in the Sandiganbayan. In the regular courts, the regular prosecutors are deputized by the Office of the Ombudsman to handle the prosecution.

5.       Administrative Adjudication. The Ombudsman may suspend or dismiss erring public officers and employees, including Cabinet Secretaries and all-other high-ranking officials except only the president and members of judiciary and congress. In all other criminal cases, however, all public officials and employees, without any exception, are under the Ombudsman’s investigative jurisdiction.

A project of the Office of the Ombudsman Community Coordination Bureau. Public Assistance and Corruption Prevention Office Tel. Nos. 926-8780/81; 926-9032 to 50

College of Law Orientation

On June 17, 2011, the University of Mindanao College of Law will be having its Orientation Night.

On Orientation Night, law students would gather on the auditorium and there will be speeches from the College Dean, the Librarian, some of the teachers, and they will inspire students and lay down the rules, do's and don'ts in the College of Law, specially to inform the first year students, and remind the upper class men.

When I was still in first year, I attended our Orientation and was really inspired when the honor students were called and awarded with medals. On three consecutive years that followed, I was among the be-medalled students who graced the stage on Orientation nights. =)

The new lawyers are also invited to the event. So, expect me to be there. =)

Free online consultation

Are you worried about the cost of consultation fees? Cecere Santana, PA might be the answer to your problem. You can ask your personal Miami Attorney if you have a case by simply sending them some information through their website. By simply supplying your name, telephone number, email address, and a brief description of your case, you can expect a free reply from the lawyers of Cecere Santana, PA based in Miami.

If you are also looking for a Miami Personal Injury Attorney or a Miami Property Litigation Attorney, just visit their website at helpfortheinjured.com and have a sneak view of what they can offer.

From Miami litigations, let's go back to this part of the globe. The IBP Davao City Chapter will be having a party tonight and all lawyers in this chapter are invited. Part of the program will be the induction of new lawyers and this will also serve as the victory party for our delegates on the cultural dance contest held last April during the national convention in Subic.

LRA FEES

Finally, the new website of the Land Registration Authority has uploaded the list of LRA Fees for property transfers.

Here's a snapshot of their webpage:

You can access the full lits of fees here.