Court Observation Report

A Requirement in Practice Court 1

SY 2019-2020

Submitted to:
JUDGE JOSE YAMUT

Submitted by:
Anjela Aliman
Rizza Krystelle C. Balba
Dianne Carmelle Capuyan-Bustillo
Hanna Lea T. Cacayan
Virgil Thery Amor Ladera
Christine Lou A. Laroga
Gopaldas Motoomull, III
Cindy Lou B. Pelaez
Maxi Dominick D. Tahanlangit
April Rose Villamor
GROUP 4

NOVEMBER 18, 2019

 REGIONAL TRIAL COURT OF MISAMIS ORIENTAL
10th Judicial Region
Branch 38
Cagayan de Oro City
Presiding Judge: Honorable Judge Emmanuel P. Pasal

November 14, 2019 8:30 AM – 11:30 AM

Case Title For Observations

2. People of the Philippines Qualified Theft Upon Joint Motion of both the
vs. Ronaldo G. Cuarez Prosecution and the Defense,
they requested to the court for
(Pre-trial) the further time of the agreement
Criminal Case No. CR- as to the civil aspect of the case
DRG- 2018-2788 between the parties.
The accused asked for an
extension of time to pay for his
obligation.
The Defense had earlier
manifested that the accused was
hesitant as to the amount
demanded by the offended party.
The next hearing was scheduled
to December 5, 2019.
3. People vs. Manuelito Frustrated Muder To bolster the claim of the
Satur alias “Ka Musong”, Prosecution, Police Major Dante
Leo Biadnes, Alfredo Abao, (Trial) T. Hallazgo testified to the
Tata Dorado, Gerry witness stand.
Basahon and Ereneo
Urdabe He provided ample details as to
the case and identified the
Criminal Case No. CR-
documents pertinent to the case
ORD-2018-2798 to 2802
at bar.
As to the trial proper, the
witness elicited that the staged
attack by the Communist Party
of the Philippines-New People’s
Army in Binuangan Police
Station was in furtherance of
rebellion.
He testified as to the
documentary and object
evidences were presented, to
wit: the judicial affidavit of the
witness, medical abstract of
injuries of the complainant, and
the repair job estimates of the
damaged vehicles during the
incident after SOCO report with
pictures and police blotter.
Meanwhile, the defense
emphasized that the witness has
no personal knowledge over the
 crime committed.
The defense counsel even made
a counter stipulation that the
witness did not see the accused
actually doing the alleged attack
but such stipulation was
admitted by the prosecution.
4. People of the Philippines Violation of Section The accused has a written
vs. Rolando Bentulan y 28, paragraph (a) in proposal for plea bargain; there
Velasco relation of paragraph is an on going active negotiation
(e), subparagraph (1) for plea bargaining agreement
Criminal Case No. R-CDO-
of RA No. 10591 but still needs the approval of
19-00639/40-CR
the city prosecutor.
(Pre-trial)
5. People of the Philippines Homicide The Prosecution was supposed
vs. Melo Durado Gulben to present their last witness,
(Trial)
however, the witness was not
Criminal Case No. CR-
available during the proceeding
ORD-2017-2477
including his counsel. Hence,
resetting of the trial to another
date.
6. People of the Philippines Violation of Section Unfortunately, the accused was
vs. Acsani Marohum y Ali 5, 11 and 12, Article not in court for the status
a.k.a. Maito II of RA No. 9165 hearing.
Criminal Case No. CR- (Status Hearing) Furthermore, there was no
DRG-2017-3860, 3861 and confirmation yet if the accused
3862 was arrested. Ergo, prompting
for the resetting of the status
hearing.
7. People of the Philippines Violation of Section 5 During the updating of the case
vs. Jeremie Desmanos y of RA No. 9165 at bar, the Defense counsel
Gripo manifested that the accused is
(Status Hearing)
facing another case at Branch
Criminal Case No. CR-
21.
DRG-2017-3702/03
Just after the release of the
accused, he was arrested for
another offense. Thus, making
his appearance before the court
impossible as of this writing.
The hearing was then
rescheduled.
The case will be archived for a
period of 6 months.
8. People of the Philippines Violation of During the plea bargaining, the
vs. Rodora Capole Paragraph 2, Section accused waived the reading of
Fernandez 1(a) of PD No. 1602, information and thereafter
in relation to Section entered a plea of not guilty,
Criminal Case No. CR-
6 of RA No. 10175 wherein she will be subject only
ORD-2018-2829
to a fine of Php 1,000.00 for
(Arraignment/Pre-
illegal gambling elevated to
trial)
cyber-crime.
After which, the parties
 manifested that they are willing
to negotiate for the possibility of
a plea bargain.
The next hearing will be held on
November 18, 2019.
9. People of the Philippines Violation of Section 5 The accused appeared in court
vs. Roel Lucagbo y and 11, Article II of and manifested that he complied
Maglasang alias Bobot RA No. 9165 with the order of rehabilitation
with the Department of Health.
Criminal Case No. CR- (Status Hearing)
However, he was not able to
DRG-2017-3655, 3656
produce a certificate showing
proof of the same.
He even further manifested that
he was assured nonetheless by
the Department of Health that he
will be given a certification of
compliance of rehabilitation.
The accused was ordered then to
submit a Certificate of
Completion as to the matter.
The Department of Health was
also ordered to submit a report
within 10 days.
Another status hearing was set
on January 16, 2020.
10. People of the Attempted Rape As to the preliminaries, the
Philippines vs. Calexto Defense counsel manifested that
(Pre-trial)
Adubal Nanale, Jr. alias there is another case filed
Janjan against the accused in Municipal
Circuit Trial Courts in Jasaan.
Criminal Case No. R-CDO-
Ergo, prompting him to be
19-02615-CR
detained at Bureau of Jail
Management and Penology in
Tagoloan.
The court had already arraigned
the accused as of this writing.
To expedite the proceedings, the
judge asked the parties if they
are willing for the settlement of
tha case, to which the family of
the offended party are hesitant as
to the settlement of the matter.
Hence, postponed the
proceedings for a short while to
reach the expected result.
11. People of the Parricide The accused requested for
Philippines vs. Maski inquest proceedings in which he
(Arraignment/Pre-
Velafuerte Aquiman had to sign a waiver of the
trial)
provision of Article 125 of the
Criminal Case No. R-CDO-
Revised Penal Code.
19-02105-CR
The accused waived the reading
of the information, to which his
 counsel then manifested its
agreement, according to A.M.
No. 15-06-10-SC.
The rule provides that in
multiple cases, the court upon
personal examination of the
accused, may allow a waiver of
the reading of the information
upon the full understanding and
the express consent of the
accused and his/her counsel,
which consent shall be expressly
stated in both the
minutes/certificate of
arraignment and the order of the
arraignment. The court shall
explain the waiver to the
accused in the language or
dialect known to him/her, and
ensure the accused’s full
understanding of the
consequences of the waiver
before approving the same.
12. People of the Murder The accused was already
Philippines vs. Arniel arraigned beforehand.
(Pre-trial)
Nazareno y Pellazo
The judge intervened during the
Criminal Case No. R-CDO- proceedings where he asked the
19-02918-CR accused would be willing to plea
bargain to a lesser offense,
which is Homicide.
As of this writing, the possibility
of plea bargaining still looms.
13. People of the Violation of RA No. In its judgment, the court
Philippines vs. Leonardo 9287 suspended the sentence and
Aba, Jr. y Tubis allowed the probation of the
(Promulgation of
accused, provided the following
Criminal Case No. R-CDO- Probation Order)
conditions are met:
19-02562-CR
(1) He must report within 3 days
to the Provincial Capitol Jail;
(2) He will agree to be
supervised by the probation
officer every month;
(3) He will live and have his
residence at Opol, Misamis
Oriental and no change of
residence shall be allowed;
(4) Should he travel outside
Cagayan de Oro City, a permit
shall be obtained first, in which
case the travel should not exceed
30 days;
(5) He will abide by the rules of
 the probation;
(6) He will do community
service as provided by the rules;
(7) Should he violate th rules, he
will be arrested and will serve
his sentence.
The probation was ordered then
for a period of 6 months.
14. People of the Frustrated Parricide The Prosecution clarified the
Philippines vs. Jessie Clarin matter to the judge that there
(Promulgation of
y Yamaro was no proof that the accused
Probation Order)
was served with notice to appear
Criminal Case Nos. R-
in the proceedings. Hence, the
CDO-19-03282-CR
latter was not able to appear
before the court during that day.
15. People of the Murder During the arraigment, the
Philippines vs. John Prosecution manifested that the
(Arraignment/Pre-
Michael y Alfeche accused has no lawyer yet to
trial)
defend him in all the
Criminal Case No.
proceedings in court.
As to the main detail of the case,
the judge elicited that nobody
saw the killing of the victim in
the case bar. Even a CCTV
footage was not available at that
moment to bolster the claim of
the offended party.
Only circumstantial evidence
was brought before the court
which coud pin down the
accused as to being the
perpetrator of the crime.
To clarify the case further, it was
then moved for a resetting of the
case on January 16, 2020.