rtc court visit

8/2/2019 Rtc Court Visit

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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.: 5032FOR: DIRECT ASSAULT

PRESIDING JUDGE:

Judge Rosabell Tormis

COUNSELS/ LAWYERS:

Prosecutor Rhodna A. Bacatan -for the State

Atty. Clyde Lovedica -for the Accused

PARTIES TO THE CASE:

People of the Philippines*Plaintiff*

-versus-

DELMAR NACAYTUNA UCAB*Accused*

x----------------------------------/

FACTS OF THE CASE

The case is all about Delmar Nacaytuna Ucab who is charged andaccused for Direct Assault for commting as follows:

That on January (I’m not sure with the exact date) around, 9:00 o’clock 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 Court-

Camiguin 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 can’t even hear what the

judge is saying because of his low voice. I was also disappointed to witness, howinformal 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 didn’t 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 willserve 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 judicialproceedings 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 themto 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).

rtc court visit

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