OUTLINE

BASIG GUIDELINES
ON

GOURT ADVOCACY

By: Judge Jesus

P

l.

Knowledgeability in the Rules of Pleadings and Procedure

Mastery or Farniliarity with the Rules of Evidence
Written and Verbal Communication Proflciency
l-egal Researcl't Capability

Ante-Litem PreparatioE'

A.

Assembling.and tr4astering the Facts

1.
2.
3.
B.

C.

Personal interuiew of the client and witnesses

VerificationA/alidation of facts from other sources of
informatlon
Examination of docurnents and other pieces of evidence

Study of the law of the case

1.
2.
3.

Statutory l-aw
Judicial n-riings/precedents
Other authoritles

Macro-Analysis rif the Case

1.
2.
3.
4.
Itl.

R,ELIMINARY CONSIDERATIONS

Basic Tools of Golrrt Ldvocacv

A.
B.
C.
D.
ll.

F. Guerrero

Strength of cpposite case

Weakness of otvn case
Meeting opponent's authorities
Anticipation of opponent's evidence

Formulation of Theorv of the Gase

A,
B.

Cause or defense most easy to prove in the light of facts shown

by available evidence
Cause or defense most sustainable under applicable laws, legal
principles and established jurisprudence

LITIGATION gLAN N ING/PREPARATION

L

A.

Civil Cases

'1.
2.
B.

ComPlainVPetition
ResPonsive Pleadings

Crirninal Cases

1.
3.

Information/ComPlaint

'2.SupportingAffidavitsandStatementofWitnesses

ll.

Resolution of Preliminary Investigation Officer

Svstematized Manaseinen-!
of Gase Records

A,
B.

organized Files for Pleading, Gourt orders and Resolutions

Separate Folders

l.origina|dQcuments/recordsintendedasexhibits

2.
lll.

CoPies of the foregoing

Preparation of TriallEdgf

A.
B.
C.
D.

Abstract of material allegations of the basic pleadings

Statement of the facts to be proved or disproved during the trial

Recital

of testimonial proof to be relied on and listing

witnesses to be

'

Listing of documentary evidence to be presented and

identiiication

E.
F.

S.rresented

of witnesses who can relate thereto or

testify

thereon
Staternent of facts rrvhich opponent will establish or endeavor to
prove
Brief on the law anc! .iurisprudence for or against the cause to be
prosecuted or defended

PRE-TIR|AL GONFERENGE

l.

of

Aims/obiectives
A.Simplification/shorteningof|itigationpro-ceedings

1.
2.
3.

Limitation of triable issues

Stipulations/admissionsoffacts
Pre-marking/identificationofdocurnentaryproof

B. Avoidance of or doing away with the trial process

' 1. Amicable settlement
2. Compromise agreements
. 3. Resort to altemative modes of dispute resolution
ll.

Basic Pointers for Trial Advocate

A.
B.
C.
D.

Weighing of advantages/disadvantages in proceeding with the

pre-{rial conference (esp. in criminal cases)
Extreme care in entering into stipulation/admission of facts
Utmost circumspection in waiving objections to adqissibility of
evidence
Interposition of legal objections to judigial endeavor in criminal
pre-trial conference re:

1.
2.
3.
4.

Disclosure of nature of defense

ldentification

of

defense witnesses

in advance of

arraignment and trial

Production and marking bf documentary proof for the

defense prior to arraignment and trial
Adoption
any evidence presented during the
preliminary
6

of
investigation

lll.t

'

A.
B.
C.
D.
E.
F.

Lesser offense, lighter degree participation or lower stage of

execution
Concession ofprivilege/special mitigating circumstances
F.limination of generic aggravating circumstances
Dismissal of other counts in multiple indictments
Waiver or diminution of claim for civil liability or damages
lmposition of fine in lieu of imprisonment in appropriate cases
TR!4\L PROGEFDINGS

l.

Examination of Witnese_e$

A.

Forms of Examination

1.
2.
B.

DirecURedirect Examination
CrossiRe-Cross Examination

MannerbfExamination

1.
2.

Question and Answer

Nanative Form

C.

Functionary Authorized To Conduct Examination

1.
2.
3.

Single Legal Representation

Multiple Legal Representafion
Trial Judge

a)
b)
c)
D.

LegaliProcedural Limitations

1.
"2.
3.
4.
5.
E.

Permissibility
Observance of Rules
Objection by counsel

Cornpetencystandards
Admissibilitirequirements
Elicitation of Matters of Fact
Incrimination/DegradationofWitnesses
Leading/Misleading of Witnesses

Exclusion of Witnesses from Courtroom

1. Coverage of the Rule

2. Effeclof Violation
'
a) On capacity to testify
b) On probative value
F.

Basic Distinctions

1.

As to General Function

a)

b)
2.

As to Dlspensability

)
b)
*3.

Direct Examination - elicitation of facts or proof to

sustain and support required quantum of evidence
for advocate's,cause or defense
Cross-Examination - destnuction or weakening of
the probative of wortl'iiness of direct testimony
and/or discreditation of witn6ss' credibility

Direct Examination

indespensable

Cross-Examination
with

can or may be dispensed

As to Role of Witness and Counsel

a)
b)

Direct Examination
Cross Examination

"witness-centered"
"attorney-centered"

4.

As to Legal/Procedural Parameters

a)
.

Direct Examination - subject to more rigid rules

conceming form of questioning and substance of
elicited testimony

b)

Cross-Examination - subject to less stringent

requirements on,form and scope of examination

glBEgI-ExAMlNAiloN

l.

Witness PreparalloJ

A.

Selection of Witnesses and Determination of Order of

Presentation

1"
2.

,
B.

Analysis/CategorizationofWitnesses

1.
2.
3.
4.
5.
6.
C.

Principal Witnesses
Corroborating Witnesses

Personal History
Degree of Literacy
Educational Background
Professioiral/Financial Standing
Physiological/Psychological State
Reputation, Experience, etc.

Preparation Pointers

1.
2.
3.
4.

Full knowledge of facts to be testified on

Personal and tndividual preparation of witness by lawyer
conducting d irect interrogation
Acclirnatizing witness on nature and form of both direct
and cross-examination questions
6
Holding pracltce

sessions

a)
b)
c) '
d)

Sinrulaticrn of actual examination process

Review with witness all exhibits to be identified or
authenticated
Familiarization of witness with basic
proceduralievidentiary rules goveming testimonial
presentation
Instructions on demeanor in the witness'stand and
manner of testifying

11.

A,

Detailed outline of topic/matters to be covered during direct

examination

1. Insure a more logical/orderly presentation of evidentiary facts

2. Obviate omission of vital pieces of proof during examination
process

B.

Question and Answer Script

1.
2.

Insure crafting of questions in proper form

Disadvantages

a)
b)
c)
C.
D. ,

E.
llt.

ldentification/Sorting out of Documentary Exhibits To Be

Testified on during direct interrogation
Anticipation of objections and mapping out modes of negating
the objections
Foreknowledgeofpossible/probablecross-examination
questions

Direct Questioning Prel!minaries

A,
C.
tv.

Hinders flexibility in asking follow-up questions

Militates against ability to craft altemative
questions to obviate objections
Hampers framing of substitute questions in case of
unfavorable response from witness

Statement of purpose for the presentation of the witness

Formal introduction of the witness

Fundamentals of Direct Exarninalioh

A.
B.
C.
D.
E.
F.
G.

Full knowledge of/complete familiarity with factual matters to be

proved
Constant awareness of what witness will say and how witness
will perform
Presentation of facts in chronological sequence, logica! order
and understandable fashion
Use of plain/simple language in crafting/drafting questions
Avoidance of compound/complex questions requiring multiple
answers
Absolute control of the witness and the trend and flow of'the
testimony
Avoidance of leading questions

1.

Concept - question suggestive of answer desired by

putting words into the mouth of the witness

2.

When allowed

a)
b)
c)
d)

Preliminary rnatterc
Difficulty in getting direct and intelligible answers
from cfrllO of tender age or ignorant, feeble-minded
or deaf mute witness
Hostile, Biased or unwilling witness
Previous leave of court

Non-impeachment of orrn witness

State of composure and self-confidence and maintenance of
proper decorum
Compliance with admissibility requirements
Resclrt to formal offer of evidence or tender of excluded proof

H,
I

J.
K.

$e

c ifi

A.
B:
C.
D,'

il.

CR,OSS EXAMINATION

c Ai m s/Q biectiv-eg

Elicitation of factual matters/other pieces of proof favorable to

the cause advocated by cross-examining party
Destruction or weakening of the testimonial evidence given by
the witness
Discieditation or impeachmerrt of the witness under crossexamination
Laying of sufficient basis for the discreditation/impeachment.of
the testimony and/or credibility of other witnesses for the
opposing side

cRoss-ExAMtNATJON PREPARATION

A,

ln advance of the trial

1)

careful stucly of the pleadings and survey of opponenfs

2\

Anterior identification

proof

and background check of

opponent's probable witnesses

3)

Review and close'study of affidavits,. statement of prior

declarations executed or made by opponent's witness

4)

Determination

of favorable facts witnesses may

likely

admit du ring cross-examination

5)

Familiarization with/foreknowledge of possible areas for

discrediting witness or impeaching latter's credibility

rt

6)

Outlining major points

to be covered during cross-

examination

C.

During Trial

1)
2)
3)
4)
IV.

Close attention to important details testified to by witness

'Witness-Watch" alertness
"Jtldge-reaction" notation
"Listening" to and not merely "Hearing" the witness

PRAbTICAL PQINTERS

A.

Careful crafting/Framing of questions

1)
2)
3)

Resort to leading questions

Use of oneJine questions
Avoidance of "why" and 'how' interrogatories

B,

Foreknowledge of the answer/response of witness under crossexamination

C.

Avoidance of Questions

1.
2.
3.
4.
D.
E.
F.
G.

of Interrogation and manner of

of witnesses
type
treatmenUhandling of different
Over-all or sufficient knowledge of the subject matter of the
inquiry
Absotute/full control of witness and the trend and flow of the
testminonY
Demeanor during examination

Adoption of Varying Methods

1.
2.
3.
4.
5.
H.

InvitingexPlanation
Provoking of argumentation
Requiring compoundicomplex answers
"one too mdnY?

Due respecUdeference to the court

Civility/arniability to opposing counsel
Courtesy/Fairness to the witness
Gool/comPoseddisPosition
Standing close to witness being exarnined

Handlingffreatment of evasive responses

1)
2\
3)

Repetition of Question
Motion to strike
Asking judge to instruct witness.