As of 1:30pm .Guide for reporters: this should not be referred to as a hearing in the sense that there would be no reception of evidence, this is an arraignment. In ordinary cases, it takes no more than 15 minutes.
The clerk of court will call the case. People of the Philippines versus Janet Lim-Napoles, et al , for serious illegal detention. Appearances.
Lawyers will enter their appearances.
Judge will go through the formality of asking: Is the accused in court?
The clerk of court (or prosecution or the accused’s lawyer or the PNP) will reply: Accused Janet Lim-Napoles is in court your honor.
The judge may ask, what about the other accused? And the clerk of court may reply. The judge may then address the accused present and go thru the formality of asking: are you represented by counsel (even after appearances, this is just a formality and for the TSN). Accused will reply yes. Judge may ask what language would she prefer for the Information to be read in, and accused will reply.
Judge will say: Proceed with the arraignment. The Information or formal charge will be read by the clerk of court. (sometimes, in ordinary cases, counsel can say we waive reading your honor. Not so here I think).
The judge will say, what say you/ or what is your plea
The accused can either say: Not guilty, or can refuse to enter a plea on jurisdictional grounds, or can say guilty. If the accused refuses to enter a plea, a plea of not guilty will be entered for the accused.
Trial dates will now be set. In ordinary cases, the clerk of court starts looking at the court calendar, the lawyers will start checking their datebooks; in ordinary cases, some haggling may occur between the lawyers as to the dates because they have other hearings etc etc. In this case, however, bail hearings have been set this Friday Sept 27, marathon.
As to the bail hearing: i’ve never seen a court finish in one day receiving all of the evidence of the prosecution and the accused in a bail hearing (bail hearings are set for capital offenses where the accused files a motion for bail on grounds of insuffiency of evidence), because it depends on the length of the cross. If there’s no cross, you can finish eight witnesses in one day — but there are always crosses, it’s the right of the accused. So the amount of time it would take for the presentation of witnesses depends on the length of direct and cross but mostly the cross, objections, arguments, counter-arguments, gnashing of teeth, gesticulating, etc etc. To the credit of Atty. Lorna Kapunan, she does not grandstand during trial, she is pretty straightforward, unlike most other lawyers in high-profile cases.
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