Philippine Christian University
College of Law
Practice Court
Course Syllabus
Prepared by:
Reiner B. Desacada, DBA, REB
Associate City Prosecutor
Office of the City Prosecutor – Tagaytay City
I. Course Description: This is a clinical offering which exposes the
students to the practical aspects of the law, particularly in the
trial of cases. It includes training on the preparation and drafting
of complaints, petitions, answers and other pleadings, motions,
briefs and other legal papers which are submitted to the court
and quasi-judicial tribunals. It also deals with the art of effective
oral advocacy. It covers practical instruction in the preparation of
cases and trial briefs before actual trial of cases. It includes
practical suggestions on effective methods of (1) gathering the
facts of cases, (2) the formulation of the theory of the case, (3)
search for legal authorities, (4) construction of pleadings, and (4)
interview and examination of witnesses. The course will also
include discussion on presentation of evidence in court covered
by Rule 132 of the Rules of Court in preparation for Practice Court
II for the conduct of mock trials.
II. Course Objective: The course will aim to expose the future law
practitioner to the intricacies of law practice. It also aims at
providing the student with a good overview and sense of
orientation with regard to the most imminent problems and
challenges in law practice specifically the preparation of various
pleadings which are more often than not done outside the
courtroom. Students successfully completing this course should
be able to: 1. Understand and appreciate the nature of work of a
lawyer. 2. Demonstrate the ability to prepare trial briefs. 3.
Demonstrate the ability to prepare various pleadings such as
complaints, answer, legal memorandum, position paper among
others in accordance with established rules of procedure. 4.
Demonstrate the ability and competency to present evidence in
court litigation.
III. Grading System
Midterm Grade = 30% (Quizzes) + 20% (OTR) + 50%
(Midterm exams)
Final Term Grade = 30% (Quizzes) + 20% (OTR) + 50%
(Midterm exams)
Final Grade = 50 % (Midterm Grade) + 50 % (Final
Grade)
Where OTR = Attendance, Recitation, Assignment, etc..
IV. Course Outline
1. What Constitutes Practice of Law?
a. Renato Cayetano vs. Christian Monsod et. Al., G.R. No.
100113 September 3, 1991
b. Teresita Fajardo vs. Atty. Nicanor Alvarez, A.C. No. 9018,
April 20, 2016
c. Query of Atty. Karen Silverion-Buefe, A.M. No. 08-6—352-
RTC, August 19, 2009
2. Who may Practice Law in the Philippines?
a. In Re Petition to Re-Acquire the Privilege to Practice Law in
the Philippines, B.M. No. 2112, July 24, 2012
b. In re Benjamin Dacanay, 540 SCRA 424 (2007)
3. Public Officials who are Absolutely prohibited from practicing
legal profession:
a. Judges and other officials as Employees of the Supreme
Court
b. Officials and Employees of the OSG
c. Government Prosecutors
d. President, Vice-President and members of the Cabinet,
their Deputies and Assistants
e. Members of the Constitutional Commissions
f. Ombudsman and his Deputies
g. All Governors, City Mayors and Municipal Mayors
g.1. Wilfredo Catu vs. Atty. Vicente Rellosa, A.C. No. 5738,
February 19, 2008
h. Those prohibited by Special Laws
4. Public Officials who are Restricted from practicing legal
profession:
a. Sangguniang Members
b. Retired Justice or Judge
c. Senators and Members of the House of Representative
5. Non-lawyers may be authorized to appear in court:
a. Under the Labor Code
b. Under the Cadastral Act
c. Legal Aid Program
d. Cases before the MTC
e. Before any court: Party to a litigation
f. Criminal Cases before the MTC where a duly licensed
member of the bar is not available
6. Effective Legal Writing
7. Preparation and Drafting of Initiatory Pleadings
a. Criminal Complaint
b. Civil Complaint
c. Petition
8. Answering a complaint in a civil case
9. Evidence
a. Admissibility, Relevancy and Judicial Notice
b. Quantum of Evidence
c. Matters not to be proven in court
d. Kinds of Evidence
e. Original Document Rule and its’ Exception
f. Offer and Objection
g. Circumstantial Evidence
10. Preparing for Trial
a. Pre-Trial
b. Trial Guide
c. Efficient Use of Paper Rule (A.M. No. 11-9-4-SC)
d. Judicial Affidavit Rule (A.M. No. 12-8-8-SC)
e. Revised Guidelines for Continuous Trial of Criminal Cases
(A.M. No. 15-06-10-SC)
f. Use of Gender-Fair Language in the Judiciary and Gender-
Fair Courtroom Etiquette
11. Direct Examination (Sec. 5, Rule 132) and Re-Direct
Examination (Sec. 7, Rule 132)
12. Cross Examination (Sec. 6, Rule 132) and Re-Cross
Examination (Sec. 8, Rule 132)
