It’s interesting to watch what transpires during court hearings. For at least once in our life, it would be good to sit inside the court room and observe how the justice system works.
It’s my second time to be inside a courtroom, as a plaintiff, as a petitioner.
The first one was at the trial court in Pasig. I sued the building contractor of a high rise condominium beside my office. Their workers were having fun throwing pieces of scrap metal, rocks, stones, on our two story structure, endangering our safety and destroying our property.
The second time was last August 5, 2014 at the Regional Trial Court in Tagaytay City. I was neither a plaintiff nor a defendant. It was a petition to cancel an old certificate of title for a tiny 240 sqm lot and to issue a new one under my name.
The hearing was the last step of the legal procedures we had to go through.
My counsel has 5 cases that day, three are real estate issues and two are annulment cases
The court room was full packed. Early morning risers. Most women had hair still dripping wet. Hindi na naka blow dry. I could not tell if a female is a lawyer or the defendant, the plaintiff, ahente ng lupa, or mamamalengke nadaan lang dun, because the ladies looked less put together unlike the men. Talagang they looked mga abogadong de kampanilya. It’s either wearing a suit or a barong. Mukhang mga senador.
One lawyer caught my attention. Isputing na isputing sya. His necktie was dark red with orange diamonds. His blazer was greenish. His polo shirt was checkered white and blue. His trousers were colored mocca brown. His belt and shoes were black. Palagay ko madilim pa nung nagbihis sya kaya hindi magkaka-kilala ang suot nya.
It’s forbidden to take photos inside the courtroom kaya no visual aids.
Since I was the #24, I had the opportunity to see the #1 case up to #23. I didn’t expect it to be that interesting.
A portion of the roof of the court’s offices was blown away by Glenda. These are photos of the dockets that were affected. Some of the pages got separated from the folders. Some had disappeared. I’ve seen some pages that were totally unreadable because the inks have blotched. Paano na kaya yun? Kawawa if the defendant is languishing in jail and if he’s totally innocent. Mabibinbin ang kaso nya. Justice delayed is justice denied.
Please rise, the Honorable Judge….
(he enters)
Judge: “Almighty Father….. ”
Those were the only words I understood. I tried to read the judge’s lips but the only thing I was sure of was the Amen.
Case # 1 Annulment of Marriage and Separation of Properties
Judge—– “The counsel is not around because his car engine developed trouble”.
Judge—– “Next…”
Case #2
Plaintiff no show. Next….
Case #3
Both plaintiff, counsel, defendants, defense lawyer were not around. Next….
The high back rest of the Judge’s seat kept on shaking. I could see it moving vigorously. I could only surmise that the honorable judge was shaking his legs.
It looked funny actually. While he was seated, gagalaw-galaw yung likod na sandalan.
Case #4
Counsel absent. Pretrial reset to September 30. Next….
Case #5
Judge:—- “should the plaintiff fail to attend the next hearing this case shall be dismissed”. Next….
Case #6
Two people with the same surname are claimants against the estate of a deceased relative. Both counsels were present but there was no prolonged discussion. Next…
Case #7
This is fight over inheritance including bank deposits of the deceased.
Judge:——— “Hindi ba mapag-uusapan yun? We hav eeto refer to the deceased original will”.
(Oh hayan, kaya kailangan talagang merong living will and testament. I haven’t made one myself).
Case #8
Both lawyers were present. The plaintiff is willing to withdraw the case in the spirit of goodwill, provided the defendant also withdraws the case.
The judge instructed the two lawyers to step outside and discuss the details then submit to the court the formal motions asap.
Case #9
No fight. Just documents necessary for a rural bank’s receivership by PDIC (Philippine Deposit and Insurance Corporation).
Judge:—– “Present evidence to protect the interest of depositors”.
Case #10
The counsel, Atty. Jeffrey Peralta was wearing a white linen barong, and has been shaking his right foot from the start of the hearing. His movements destructed my attention. His case involves Metrobank.
Case #11
There must be a publication of the nullity of marriage.
The judge scolded a female lawyer to follow rules. He said marami tayong ek-ek.
Judge:——- “A motion which does not meet the requirements of Secrtions 4 & 5, rule 15 is considered a worthless piece of paper which the clerk has no right to receive and the court has no authority to act upon”.
I think it’s about giving the proper notice of hearing at least 10 days prior.
Case #12
A fight over a property in Tagaytay.
The losing party elevated the case all the way to the Supreme Court which upheld the rulings of the RTC and Court of Appeal. The Supreme Court’s decision is final and executory. A 15-day notice order to vacate was served. When the sheriff went back after 15 days, the whole property had been fenced off and a full security force had been posted.
The judge said he doesn’t have to issue another order to Break-Open because the sheriff is already going to execute the Supreme Court order and apply force if necessary to enforce the final ruling.
He said “Natatakot ako sa nangyayari ngayon, sa tutoo lang, natatakot talaga ako. Uso na ngayon ang hindi sumusunod sa batas. Ang pinaka mataas na hukom na ang nagsalita, hindi pa rin tayo naniniwala at sumusunod. Maghahanap pa ng paraan. Anong mangyayari sa ating bansa kung hindi tayo marunong gumalang sa hukom? Chaos”.
When it was my turn #24 my counsel stood up and told the court that I am present.
Yun, akala ko tapos na. That was at 9:30 am.
We waited till 11:45 am before we were called inside the court office to go over the documentation evidence to prove ownership of the 240 sqm lot. Nainis ako talaga, I asked them what the two people ahead of ne were fighting about kasi bakit ang tagal-tagal nila sa loob. Lupa, lupa ang pinag-aawayan. Dalawang oras, hindi pa rin sila nagkasundo.
While I was inside the court office, there was a small dog roaming freely. I interrupted the proceedings and asked “kaninong aso yan?” Medyo awkward kasi dahil it’s supposed to be a court and there’s a dog walking around my legs. Baka bigla akong kagatin. The judge or clerk of court called the dog “RTC!”
Si RTC pala yun.
My Counsel — ‘Your honor, I have here a certified true copy of the notice of…
which we shall mark as Exhibit P”.
I was the last to speak..
OMB——– “Your honor, I would like to respectfully request that the old title be cancelled and a new one be issued under my name”.
Tapos, I paid P4,000 cash to the judge or officer as ex-partee fee. Ewan kung ano yun. I also paid P3,000 to my lawyer’s appearance fee and P3,000 for the formal offer of evidence. She has just messaged me, she forgot daw to charge me another P3,000 for the judicial affidavit and P88 for the certified true copies.
At last, tapos na. I just have to wait for the issuance of the new TCT, which could take a few more months.
#courthearing #honorablejudge #propertiestagaytay
