Court Observation Report

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February 10, 2020

Submitted to:
Submitted by:
REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT OF CEBU
7th JUDICIAL REGION
Branch 53 LAPU-LAPU CITY
Hon. Anna Marie P. Militante
COURT OBSERVATION REPORT

for PRACTICE COURT 1
Last Tuesday, February 4, 2020 at 9:00 am; I opted to have my observation in the sala
of Judge Anna Marie P. Militante who serves as acting presiding judge of RTC Branch 53
Lapu-Lapu City. As me and my friends who also happened to be my classmates,
entered the courtroom, there were policemen and men seated at the bench in front of
us. I asked the man standing at the door if we could make a court observation, and he
introduced himself to be the sheriff and told me that we can freely observe the ongoing
hearing but make sure to turn off our cellphone so as not to distract the ongoing
proceedings.
The case in progress that time was People vs. Daño, a Hearing of the Manifestation
Report filed by Dr. David A. Baron. The prosecution presented Dr. Baron to testify and
explain an autopsy report on behalf of a certain doctor who conducted the said report
that went AWOL on their watch. The said report was taken from a deceased person
who was allegedly murdered by the accused. The accused was seated in a nearby
bench from where I am sitting and as well as the families of other persons deprived of
liberty.
The prosecution conducted a direct examination on the witness under oath and asked
questions about the result of the autopsy. Dr. Baron deliberately answers the questions
and happens to be explaining everything stated on the report that he did not conduct
personally. The prosecution asked him;
Q: “Do you personally know the doctor who conducted the autopsy”?
A: “Yes”.
Q: “Where is he now”?
A: “I don’t know exactly where he is right now but he went on AWOL a couple of
months ago. As a matter of fact, there is a lot of unfinished documents regarding with
the result of other autopsies that he conducted but did not turn over before he left. But
luckily, this is one of those documents that we have recovered before he went AWOL”.
Q: “Can you please explain to us the autopsy report”?

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A: “Yes”.
Dr. Baron explained everything on the autopsy report which states on how the victim
died, how many gunshot wounds were found on the body, what type of pistol was used
and many other terms related to the death of the victim that only medical experts
would totally understand. I was expecting an objection from the defending counsel
which was represented by a lawyer from the Public Attorney’s Office but did not object
for the rest of the proceedings at all.
The Prosecution: “No further questions your Honor”.
Then, the defending counsel conducted a direct examination.
Q: “Dr., you told us earlier that you did not conduct the autopsy report yourself, am I
correct”?
A: “Yes”.
Q: “Do you know the whereabouts of the doctor who conducted the said report”.
A: “No, I don’t. He just left for a short vacation but never came back”.
Defending Counsel: “No further questions your Honor”.
Thereafter, Judge Militante asked the witness clarificatory questions.
Q: “Dr., is it possible for you to identify if there are multiple guns used to shoot the
victim”?
A: “No, your Honor, it is impossible for me to identify if there are multiple guns used
because it wasn’t me who personally conducted the examination, but based on the
report, the diameters of the four (4) gunshot wounds found on the victim’s body are
exactly the same and they are all coming at the left side of the face and body of the
victim”.
Q: “So, you are saying that, it is possible that there’s only one gun used in shooting the
victim”?
A: “Yes, your Honor”.
Judge Militante: “That would be all Dr.”.
Then Judge Militante turned to the defending counsel and asked the following
questions:
Q: “Do you have any objections or comments counsel”?
A: “No, your Honor”.
Q: “Have you read the documents yet? I guess you did not read it yet. Please, take a
look at it first”.
A: (He took a quick look at the documents.)”Objection on the documents your Honor”.
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Q: “On what grounds”?
A: “The statements are self serving your Honor”.
Q: “Anything else”?
A: “No, your Honor. That would be all”.
Then, the Honorable Judge ordered both of the parties to submit their memoranda
within thirty (30) days simultaneously. She then set the next hearing on March 10, 2020
and proceeded to the next case.
I found the trial proceedings to be quite simple, possibly attributable to the fact that it
was a murder case, and hence issues had to be dealt with in such a fashion. To my
mind also, offenders in Philippine jurisdiction seem to be given the benefit of the doubt
and presumed to be innocent until proven guilty. They also get the chance to be
defended fairly on some instances and some are quietly not.
In conclusion, the Regional Trial Court is evidently not only historically but also a
contemporarily important court, which I found to be adequately accessible for members
of the general public. The people whom I encountered that worked in the building were
approachable and very forthcoming with information. The actual viewing facilities
themselves were not particularly comfortable; however, I do not suppose that they are
designed for their comfort, but rather for their functionality. I got the feel of how to be
a lawyer. It appears to be quite a tough job meant for strong and intelligent beings.
Following this initial visit to the Regional Trial Court I would almost certainly feel
confident in either returning one day or when visiting other courts to view proceedings.

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February 10, 2020

REPUBLIC OF THE PHILIPPINES

Hon. Anna Marie P. Militante

COURT OBSERVATION REPORT

Q: “Can you please explain to us the autopsy report”?

The Prosecution: “No further questions your Honor”.

Then, the defending counsel conducted a direct examination.

Defending Counsel: “No further questions your Honor”.

Thereafter, Judge Militante asked the witness clarificatory questions.

A: “Yes, your Honor”.

Judge Militante: “That would be all Dr.”.

Q: “Do you have any objections or comments counsel”?

A: “No, your Honor”.

Q: “On what grounds”?

A: “The statements are self serving your Honor”.

A: “No, your Honor. That would be all”.

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