LAW OFFICE

Name of Office: Carandang Law OfficeDate of Visit: September 21, 2015Duration: 8 hours

I. Narration of Events

The day before I went to Atty. Carandang’s office, I first asked his permission if I could spend 8 hours in his office and observe how he runs the office and the daily happenings that occur within; in which he gladly agreed. I arrived at his office at around 8:20AM, his secretary just opened the office and was making sure the area was neat and clean, this was obviously part of her daily duties. A few minutes later, she received a call from Atty. Carandang. He called to verify his scheduled hearings that morning in which his secretary informed him that he had a hearing scheduled at the RTC Branch. I couldn’t help but oversee, over the secretary’s table, the list of scheduled hearings he had. The hearing scheduled that morning was labeled Azcona, beside it the RTC Branch where it was scheduled to be heard. The list did not state what kind of case was to be heard or the opposing parties thereto; I bet Azcona was referred to the surname of his client. After the call, I asked his secretary whether Atty. Carandang would come by the office before he goes to court, she told me that Atty. Carandang brings his case files the day before the hearing and only comes by when he forgets something, which according to his secretary, rarely happens.

Atty. Carandang arrived at the office at around 11:00AM. Before he arrived, the office was quiet except for several phone calls his secretary received. I presumed that most of the calls were inquiries whether or not Atty. Carandang was available as she would often tell the caller “He’ll be at the office around 10:30”, in the bisaya dialect of course. Just as he sat at his table, he asked his secretary to make a long distance phone call and to connect the said call to his office once connected. When the call had went through, I couldn’t help overhear the conversation of Atty. Carandang; he was talking to his client, Mr. Azcona, about his case that was heard that same morning. From what I understood from what Atty. Carandang was saying, the case of Mr. Azcona involved a land dispute case. While he was on the phone with Mr. Azcona, a man came in looking for him, a Korean. The Korean had waited for a few minutes while Atty. Carandang finished his conversation with Mr. Azcona. After their conversation, he invited the Korean into his office, and shut the sliding doors separating his office from the receiving area. I could barely hear what they were talking about.

At around 12:15PM, Atty. Carandang left for his noontime break, which he spends with his pregnant wife. Before I left at around 12:30PM, students from Bohol Island State University (BISU) had brought letters which they needed to be notarized. The secretary accepted the letters and told the students to return at around 3:00PM; ample time to have all 30 letters notarized and signed by Atty. Carandang, who was, in the meantime, enjoying his noontime break.

I returned at around 1:30PM. When I got to his office, Atty. Carandang was still out. His secretary showed me the process of on notarization while she prepared the 30 letters for Atty. Carandang’s signature. The office was quiet, except for several phone calls received by his secretary. One of his clients came to his office, he was a Mayor of one of the municipalities of Bohol and was in the city, and came by Atty. Carandang’s office to see if he could talk to him. Unfortunately Atty. Carandang had not yet returned, so the Mayor left and told the secretary he would contact Atty. Carandang via his cellular phone number instead. Another one of his client also came in looking for him, but left when told by his secretary that he would not be in the office for a while. At around 3:00PM, the BISU students had returned to pick-up the letters they had left for notarization. The receiving area of the office was filled with students, some where even waiting outside at the hallway. Atty. Carandang arrived at around 3:30PM and was surprised to see all the students in his office. He hurriedly accomplished the letters and sent the students on their way.

Atty. Carandang had told me that he was out at a meeting with one of his corporate clients who had him as retainer about problems within the firm concerning the negligent acts of one of their employees causing injury to a third person.

Atty. Carandang spent the rest of the afternoon writing pleadings for an upcoming case he had. He had not much visitors in the afternoon. At around 4:30PM, he started tidying up his office and collecting his filed for his hearing tomorrow. He closes office at around 5:00PM, and while waiting for that time, he was reading the news on his iPad.

II. Observation and Comments

On that day, Atty. Carandang was rarely at the office; but when he was out, he was either at a hearing or in a meeting with his client, apart from his noontime break. Many of his clients prefer to visit him personally, even coming unannounced. Though the office was quiet when he was out, phone calls never stopped coming in looking for him or wanting to talk to him. I also observed that his secretary was very diligent in preparing all the documentary needs of Atty. Carandang, which she filed very well for him to avoid losing these documents and for easy access when needed.

Atty. Carandang’s office is of average size; maybe able to accommodate 8 to 10 people at a time, but in excess of that shall have to wait outside, along the hallway. The receiving area and his office are separated by a tinted glass door; you could see Atty. Carandang and his client, but you cannot overhear what their discussion.

III. Impressive Points

What is most impressive is the location of the office. It is located along CPG Avenue, in between Pizza Hut and McDonald’s; very convenient and large amounts of foot traffic. During my time observing at his office, I noticed that his clients come by without prior appointment because of the convenience of his office. Like the Mayor that

visited, he just dropped by after a quick stroll at BQ Mall, trying his luck if Atty. Carandang was in his office.

Another thing that impressed me was the amount of time Atty. Carandang spent out of his office. I believe that a lawyer that has lesser time to visit his office due to appointments and hearings is a very busy lawyer handling many clients. At my time in Atty. Carandang’s office, he had a hearing in the morning and an appointment in the afternoon. The little time he had in the office were spent talking to his clients and preparing his case files for the next day, a very busy lawyer indeed.

IV. Suggestions for Improvements

The only thing I can identify that needs improvement is the division between his office and the receiving area. The tinted glass door does not accord absolute privacy as the person inside the office is still visible from the receiving area. The right thing to do would be to construct solid divider that would completely accord privacy to his clients inside his office. This is good for instances when his client is bringing large amounts of cash, or important articles that should be kept in private.

V. Learnings and Conclusion

Amongst the many things I had realized during my observation, there are three important points I had noted:

Firstly, Location is Everything. The convenience of the office of Atty. Carandang’s office makes it susceptible to all kinds of interactions with clients or just simply people who need to have documents notarized. Apart from a fast growing law practice as benefit of the location, the livelihood of being a lawyer also increases.

Secondly, Looks reflect the Lawyer. How the office looks and how things are arranged in an orderly manner show how efficient a lawyer can be, boasting to the clients that he can be trusted to handle their cases. Thus, the office secretary always makes sure the office is in tiptop shape, just like the lawyer.

Finally, Office time is Relaxing time. Because of Atty. Carandang’s busy schedules, he is often out of the office, dealing with hearing and appointments. This is an attitude of a busy lawyer, spends lesser time in the office and more time dealing with clients or handling cases elsewhere. Thus, office time for people like Atty. Carandang is time to relax and just sit and deal with the easy task of talking to clients and signing documents. The lesser the relaxing time, the more successful the practice.

COURTROOM

Name of Office: RTC Branch 50 Loay – Judge CaliboDate of Visit: September 18, 2015Duration: 4 hours

I. Narration of Events

A friend of mine had a guardianship case scheduled to be heard on this day and I asked her permission if I could come and observe as I needed to be exposed to the happenings inside the courtroom. My friend and I went early so we could and arrived at the courtroom at 8:00AM. There were only two cases scheduled to be heard that morning; the first case was scheduled at 8:00AM and the next was scheduled 9:00AM. My friend’s case was the second case to be heard.

When we arrived, the courtroom was open with the air conditioning already turned on. The courtroom was clean and tidy. I could hear the clerks working behind the wall of where the presiding judge would be seated. We were asked to wait outside the courtroom till Judge Calibo arrived. A few minutes later the counsel for the first case had arrived without his clients. I soon found out that he was filing a motion for postponement for his clients would not be able to appear for some valid reason. 10 minutes before 9:00AM, the counsel handling my friend’s case had arrived.

At around 9:30AM, we were told by the clerk to enter the courtroom as Judge Calibo had just arrived. The courtroom was small; could only accommodate a maximum of 15 to 20 people. Judge Calibo presided the hearing at 10:00AM. The first case was heard. The case was about a Bohol Electric Company (BOHECO) dispute which the counsel filed for a motion to postpone the hearing, which was subsequently granted by the court. The counsel stated the reasons for the absence of his clients and the court had set a new date for hearing upon the grant of the postponement.

Then the second case was heard at around 10:20AM, this case was the case which parties therein was my friend. The subject of the case was of guardianship; in which my friend had filed a petition to be the legal guardian of her minor, younger sister. Their counsel had detailed to the judge the purpose of which the guardianship was needed; which was specifically for passport application purposes. The judge approved the petition based on the statement of the Department of Social Welfare and Development (DSWD) representative present saying the requirement of guardianship were complied with.

The hearing ended at around 10:45AM. The courtroom was occupied by my friend and their counsel; they discussed the next steps to take pending the court order approving the guardianship. The judge had no more hearings scheduled on that day and was left to his office to do his personal chores.

II. Observation and CommentsThis court was not as busy as other courts only having two hearing that morning.

The judge arrived late and started the hearing late as well; and also which two hearings were done within the hour of when it commenced. It is obvious the Judge and the court staff are lax because of the very loose schedule of the court; compared to other courts in which cases are heard in a minimum of one month intervals due to the amounts of cases assigned to it.

III. Impressive Points

Despite the very relaxed atmosphere of the court, not being too busy compared to other courts, the cleanliness and orderliness of the court was not overlooked. Despite the tardiness of the judge, the staffs were punctual and were at the office when we arrived at 8:00AM.

IV. Suggestion for Improvements

The only suggestion I may have for improvements is the tardiness of the judge. He must make an effort stick to the time when the cases are scheduled for hearing; this would allow the counsels or parties of the case to schedule other appointments accordingly.

V. Learning and ConclusionsI have learned two things during my observation at the courtroom:

Firstly, Punctuality. Regardless of the tardiness of the judge, the counsels must be on time during scheduled hearings. It is important that counsel arrives before the judge so not to disrupt the order of cases to be heard and subsequently anger the judge.

Secondly, Inequality of case loads. Judges regardless of court assignments receive about the same compensation from the government as those in busy courts. Thousands and thousands of cases are left pending due to the bulk of cases in specific courts. More courts and more efficient shuffling of cases would benefit the parties involved in the case and the load of cases shall not be burdened on a handful of courtrooms alone.

PROSECUTOR’S OFFICE

Name of Office: Provincial Prosecution Office – Prosecutor Atty. Prince LimDate of Visit: September 23, 2015Duration: 4 hours

I. Narration of Events

I asked Prosecutor Lim if I could sit-in in his office one morning, which he gladly agreed. The Prosecutor's Office conducts Preliminary Investigations for criminal complaints filed in their office. During the course of my visit, I was able to observe how Prosecutor Lim dealt with two complaints.

The first Preliminary investigation he conducted concerned a complaint regarding Violence Against Women and Children case. The complainant, a mother of a newborn child, had been experiencing emotional distress caused by their neighbor who repeatedly was caught inside the premises of the residence of the complainant in which she was the only occupant during the daytime. The complainant also alleged that the respondent appeared to be stalking her by repeatedly peeking through the surrounding fence of their house. The respondent did not deny the allegations but denied that the said incident had only occurred once and was not repeated as alleged by the complainant. The incident, according to the respondent was a result of a state of drunkness. The complainant insists that the incident had occurred several times with his husband warning the respondent to stay out of his property, which respondent did not accede. All these information were procured by the constant questioning of Prosecutor Lim about the allegations of both parties. The complainant alleges that she is now suffering from psychological stress as she constantly fears for the safety of her and her baby as respondent would not cease from his actions despite warnings. Finding probable cause, the Prosecutor informs both parties that he shall file an information regarding the case.

The second Preliminary investigation involved a case regarding libel. The complainant was a business woman who accused respondent of accusing the former of selling fake beauty products to the locals including the respondent. Complainant alleged that respondent sent her a text message containing the accusation accompanied by defamatory statements made by the respondent. Complainant alleges that these accusations are false and respondent must be liable for libel. In a case of libel, one of the indispensible requisites is that the statement must be made publicly or in a manner involving the public. Prosecutor Lim then asks the complainant for proof that the statement was made publicly and not privately made by the respondent to the complainant alone. Complainant alleges that rumors had circulated in the locality. The respondent then alleges that test message was only sent to complainant as she was unsatisfied by the product she sold and later found out the products were fake. Finding no probable cause and having no proof that the statement was made publicly. Prosecutor Lim believed that complainant’s emotions had been hurt after the allegation,

thus, decided to file a case against respondent for such comments made to her in private.

II. Observation and Comments

The Prosecutor’s Office has a receiving area that receives all the complaints filed as well as other pleadings relative to pending criminal cases. Each Prosecutor has his own table. It is on the same table where they conduct Preliminary Investigations. The Prosecutor’s Office was large but filled with several tables for different prosecutors to handle criminal complaints.

III. Impressive Points

Prosecutor Lim was very specific in asking questions, making an effort to find out every detail of the complaint and not favoring either party. Both parties were given a chance to make their case regarding the complaint. The office was very efficient as all prosecutors were each forwarded a complaint to ensure all complaints were heard.

The office, despite the number of people working in the area, it was kept neat and clean despite the fact that some persons filing complaints were wearing ordinary house clothes of even work clothes that would not be appropriate or hygienic in court standards. But of course, the Prosecutor’s office cannot discriminate a person based on their looks.

IV. Suggestion for Improvements

Despite the size of the office, the spaces between desks may seem not enough for some instances when voices of complainants and respondents are louder than usual. It does not accord them the privacy they deserve concerning their case. Some cases may be embarrassing to the parties and would not want other persons overhearing their conversations.

I suggest that more efficient dividers be placed between desks to ensure privacy during preliminary investigations.

V. Learning and Conclusions

I learned that a Prosecutor must use his sound judgment in determining whether a probable cause exists in a complaint. The prosecutor assumes that an ordinary layman, as that of most complainants, have a very general overview of specific criminal offenses. He must make sure that all elements of the crime are present and that a he has reasonable belief that a crime had been indeed committed. He must be vigilant in

determining if indeed rights of persons have been maliciously prejudiced or, on the other hand, if innocent individuals did not prejudice the rights of complainant at all.