TRAINING ON

TRIAL ADVOCACY

TRAINING GUIDE
 TABLE OF CONTENTS

PREFACE ...................................................................................................................................... 2
THE PURPOSE OF THE TRAINING MANUAL AND HOW TO USE IT? .................... 5
TARGET GROUP........................................................................................................................ 6
PURPOSE OF THE COURSE .................................................................................................... 6
CONTENT OF THE COURSE .................................................................................................. 7
EFFECTIVE LEARNING METHODS ................................................................................... 10
MODULE 1: INTRODUCTORY AND EXPECTATION SETTING ............................... 15
SESSION 1: OPENING AND WELCOME ........................................................................... 15
MODULE 2: TOOLS FOR LAWYERS AND INVESTIGATORS.................................... 17
SESSION 2: WHAT MOVES YOU? ....................................................................................... 17
SESSION 3: EFFECTIVE INTERVIEW OF WITNESSES ................................................. 19
MODULE 3: CASE BUILDUP ................................................................................................ 22
SESSION 4: WRITING PETITIONS..................................................................................... 22
MODULE 4: ASSESSMENT OF TRAINING ...................................................................... 23
SESSION 5: POST-TEST EVALUATION ............................................................................ 23
ANNEXES ................................................................................................................................... 25
SAMPLE PROGRAM ............................................................................................................... 25
HANDOUTS .............................................................................................................................. 35
CASE SCENARIO: WRIT OF HABEAS CORPUS .............................................................. 35
CASE SCENARIO: WRIT OF HABEAS DATA ................................................................... 36
CASE SCENARIO: WRIT OF AMPARO .............................................................................. 37
CASE SCENARIO: WRIT OF KALIKASAN ....................................................................... 38
PRESENTATION SLIDES ...................................................................................................... 40
This publication was produced with the assistance of the European Union (EU) and the Spanish Agency for
International Development Cooperation (AECID). The views reflected herein do not reflect the official opinion of the
European Union and the AECID.

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 PREFACE

TRAINING CURRICULUM IN A BROADER CONTEXT

The Ladderized Investigation Training and Certification Program is aimed at

establishing a credible certification process for HR investigators. It was originally
designed and piloted for the Regional Human Rights Commission of the Autonomous
Region in Muslim Mindanao, but adjusted for the Bangsamoro Human Rights
Commission of the Bangsamoro region and other organisations.

Using competency-based approach to training, each module or course is focused on

measurable skills as basis for training progression, task assignments, and promotion.
Each course level builds on skill sets that are deemed necessary to respond to prevalent
Human Rights situations in their respective areas of operation. The modules were
designed to be collaborative and contextual, adapting to the local approaches and
aligned to the Bangsamoro experience. Continuous learning will be employed to
improve and/or develop new modules that are innovative or that address gaps in the
implementation.

The activity’s framework (Content, Skills, and Context) was completed in a conference
held in General Santos City on April 24-28, 2018. In the conference, investigators of the
RHRC agreed on a four (4) tiered ladderized investigation training and certification
program as follows:
The long-term view would be to have this ladderized training program undergo
continuous improvement and be implemented in the BHRC with participants getting
certified according to the special skills they are trained on. That is, following a process

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 Advanced
Intermediate
Foundation II
Foundation I

of approval of the certification program, possibly by the Civil Service Commission, each
module provides certification and serves as a prerequisite for more advanced training
(e.g. Foundation I should be first undertaken prior to moving to Foundation II;
Foundation I and II should be first taken prior to reaching Intermediate Level; and
Intermediate Level should be first undertaken prior to Advanced Investigation
Training).

Two separate modules, the Human Rights Based Approach and the Trial Advocacy can
be run separately as enhancements to the Foundation and Intermediate modules.

The indicative content, skills sets, and contextual considerations envisioned per level
were documented and integrated in this training manual. The investigation training
program shall not be viewed as a standalone event or activity but rather completely
integrated in the overall human resource and capacity building and development
framework of any organization. The result of the training shall be part of the
Performance Appraisal and Evaluation of the employees as well as planning and
budgeting considerations for the organisation’s future planning.

The Training Curriculum was designed in line with the learning and development
objectives and institutional reform and strengthening of the Commission. This was
made possible with the support of the European Union and the Spanish Agency for

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International Development Cooperation’s (AECID) Governance in Justice Human
Rights Project.

ABOUT THE GOVERNANCE HUMAN RIGHTS PROJECT

The GOVERNANCE IN JUSTICE (GOJUST) HUMAN RIGHTS PROJECT supports the

Commission on Human Rights (CHR) and the Regional Human Rights Commission
(RHRC) in the Autonomous Region in Muslim Mindanao (ARMM) in strengthening
their capacity to carry out their mandate, and in providing support to Civil Society
Organisations (CSOs) in reinforcing their role in the protection and promotion of
human rights and fight against impunity for human rights violations. Implementation is
from February 2016 to June 2020.
Following the ratification of the Bangsamoro Organic Law (BOL) in January 2019, the
Project supported the RHRC transition to the human rights institution created for the
Bangsamoro Autonomous Region in Muslim Mindanao (BARMM). The RHRC is
expected to transition to the Bangsamoro Human Rights Commission (BHRC) following
the passage of the Bangsamoro Human Rights Act of 2019 in December 2019 by the
Bangsamoro Parliament, operationalising the new institution.
The GOJUST Human Rights Project is the 4th component of the GOJUST Programme.
The Programme supports the enhancement of governance of the justice system and
pursuit of human rights as key drivers for inclusive growth and poverty reduction. It
advances a credible sector-wide reform strategy for the achievement of justice for all
Filipinos, especially the poor and the vulnerable, such as women, youth, Indigenous
Peoples, minorities and human rights defenders.

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 THE PURPOSE OF THE TRAINING
MANUAL AND HOW TO USE IT?

This Training Manual was developed to enhance the capacity and support the efforts of
independent constitutional bodies and the civil society to exercise oversight and
demand accountability from the justice system with a particular focus on major human
rights violations. Starting with strengthening the capacities of professionals’ working
with the regional HRI in investigating and reporting human rights violations and also
external partners such as local Civil Society Organizations (CSOs).
The Training Kit has been designed to cover both theoretical and practical areas of the
Training Course and provides information on methodological, technical, logistical and
organizational training-related aspects. As such it can also be used as a manual for end-
users.
The Training Kit contains 2 volumes: The Training Guide and the Source Book
The Training Guide is a tool for the trainer(s) delivering the Course and it describes the
proposed training curriculum including proposed sessions that can be specifically
adapted to different target audiences and country contexts.
The Training Guide will also contain:
Power Point Slides which provides the trainer(s) a discretionary and adjustable tool to
deliver the insights of the Reference Text for Trainer to the participants.
Pre and Post Questionnaires are also provided in the Annex that can serve as
diagnostic tests to measure the amount of learning gained by the participant about the
subject matter
Sample Training Curriculum program are provided which comprise of:
⮚ an opening session;

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 ⮚ a theoretical introductory section, aimed at introducing the course outline, with
related learning objectives and suggested activities;
⮚ a practical section, aimed at supporting professionals in investigating and
reporting HR violations and suggested activities; and
⮚ a concluding session accompanied by a final evaluation of the training by the
participants.

The Source Book includes information and readings to be referred to by the trainer(s) in
the delivery of the course. It contains the Basic Human Rights Protocols and
subsequent protocols that were developed by University of the Philippines Law
Center - Institute of Human Rights. Additional reading lists, summaries and annexes
were provided as tools to enhance the trainer’s learning experience. The latest updates
on the BOL and the BHRC were already incorporated.
GENERAL INFORMATION ON THE TRAINING CONTENT
Target group
Human Rights Investigation is a multifaceted problem that requires a multidisciplinary
approach, participants in the training Course can be trainers or professionals belonging
to different target groups starting with HR Investigators with institutional or
operational competencies on Human Rights Investigation, including: officials, lawyers
and legal professionals working with associations operating to support victims like the
Local CSOs. As the training methodology relies on active participation and interaction
with trainees, the number of participants should not exceed 20/25. The training can be
delivered within or outside the office. The GOJUST HR project highly recommends that
selection of training participants be always inclusive and gender balanced.
Purpose of the Course
The Course is designed to provide solid knowledge and to further develop participants’
skills on: HR Investigation, operational practices on how to investigate and report
incidents of HR violations and establishment of a rapport with the victims or witnesses.

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The purpose of the training is also to provide an insight on the existing standards and
protocols of RHRC guided with international and national standards.
Content of the Course
The content of the Training is based on the insights outlined in the Reference Text for
the Trainer. The trainer(s) can decide whether to deliver all the insights of the Reference
Text, part of them, or even integrate them according to the nature of the target group
and their expertise. The trainer(s) is advised to deliver the Course’s contents following a
proposed training strategy outlined in the Training Curriculum.
A Training Certificate shall be provided for all participants who successfully completed
the training and this may form part of their employment performance appraisal and
evaluation. For external participants such as local CSO partners of RHRC, an official
Training Certificate may be provided as well as proof of successful completion of the
training which could also serve as a basis for future partnerships with the commission.
�Tips to Trainers
This course is meant to build upon the practical experience of the participants, who –
being professional HR Investigators, HR trainers, law enforcement officials, legal
practitioners or experts in the field of Human Rights – will make an essential
contribution to its content. It is therefore designed to remove the “barriers” of the
classroom so as to put the skills that participants acquire into effect.
The material for the Course is presented in a suggested sequential order in the Training
Curriculum. The Handouts and the PowerPoint Slides sections are the tools provided to
the trainer(s) to deliver the proposed training strategy and the insights of the Source
Book for the Trainer. The trainer(s) can choose whether to follow and how to adapt the
proposed Training Strategy. The suggested activities are intended to open the door to
discussion and discovery. The “right” answer is not provided because solutions are
often context-specific. Rather, participants are to be encouraged to share their own
experiences and ideas, and to adopt a creative problem solving approach.
If necessary, trainers can make reference to the Source Book when resolving the
proposed activities and they may want to distribute the Basic Human Rights Training

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Course and subsequent courses that was developed and Further Readings section to the
participants that were provided.

The Course is designed to be completed based on levels as reflected below. The Human
Rights Based Approach or HRBA may be provided to give context to all trainees and
the other course on Trial Advocacy might be provided for lawyers and investigators
who will be involved in bringing cases to prosecution before the courts.

2 Foundation I
2 Foundation 2 Intermediate
2 Advanced
II
Days Days Days days

Time should be planned on the basis of the proposed training strategy (each lecture and
activity suggested in the Training Curriculum comes with an approximate suggested
duration). However, the trainer(s) should take into consideration the characteristics of
the specific target group, the objectives of the training, the overall time constraints, and
the trainer’s own assessment of priorities.
It is important for the trainer(s) to be well-versed in the subject matter. Therefore,
trainer(s) should:
a. be well prepared on the contents of the Reference Text for the Trainer that they
aim to deliver to the participants;

b. make sure that the suggested objectives, content, structure, methods and training
media of the Training Curriculum/ Handouts/PowerPoint Slides are fully
grasped.
�Tips for trainers

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The best approach for trainers to take is to be sensitive and aware of the cultural issues that may
influence the attitudes and behavior of the participants. Facilitators are encouraged to explore
these issues when conducting this training. Occasionally they will be confronted with attitudes
and beliefs that are so completely unacceptable to them, so completely in opposition to their own
values and principles, that it is difficult to remain unemotional. It is hoped that other
participants will engage in the discussion and present alternative viewpoints. Sometimes,
however, the trainer(s) may feel it necessary to step “outside” the training role and make a
personal comment. There are risks attached, but maintaining personal integrity is always the
right thing to do. Make it very clear you are no longer the trainer and make your statement as an
individual. Make it clear when you return to the role of the trainer. It may be a good idea to have
a “stretch break” before continuing.

The following suggestions may be helpful to trainers discussing such a sensitive subject
matter as the one covered in the manual.
Listen:
⮚ Actively listen to participants.
⮚ Allow individuals to finish expressing themselves before responding.
⮚ Avoid strong reactions (i.e. anger, shock, laughter) that may convey disapproval
of a participant’s view.
⮚ Stay confident, relaxed and open to all information.

Evaluate:
⮚ Hold back on any reactions or judgments until you understand the message that
is being sent.
⮚ Ask open-ended questions, since the answers to such questions can provide
valuable information.

Consult:
⮚ Reiterate the participant’s right to express their own opinion.

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 ⮚ Explain your perspective without being defensive.
⮚ Find out what the participant hopes to accomplish.
⮚ Acknowledge similarities and differences between your perspective and that of
the participant.
⮚ Offer options.
⮚ Do not isolate a participant who has divergent ideas or perspectives.
⮚ Commit to being available to discuss issues further.
⮚ Thank the participants for their contribution.

Effective learning methods

Participants in this Training

Course are independent adult
trainers or professionals who are
used to making their own
decisions. They have job and life
experiences that will contribute
greatly to the learning
This Photo by Unknown Author is licensed under CC BY-SA-NC environment and performance
outcomes. Wherever possible personal experience, past work and knowledge should be
shared and incorporated into the overall learning experience. For this training to be
effective, participants must be able to take responsibility for their own learning and feel
that the knowledge and skills they bring to the room are acknowledged and utilized.
It is imperative that a variety of strategies and methods are used by the trainers during
the course. This is necessary as the target group will consist of professionals with
different backgrounds, profiles and abilities in absorbing information and
demonstrating knowledge. A multiple approach also proves instrumental in preventing
the so-called “cognitive overload”: the situation in which the human brain is saturated
and any additional information will simply run through.

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In order to achieve such enhanced and interactive training, learning procedures should
involve a wide range of innovative and appealing training methods. Recommended
training methods that can be used during the delivery of the Training Course include:
● Lectures: involve a formal oral presentation on a subject. They can be used to
introduce participants to new concepts and principles whilst engaging the
interest of participants in the area covered by the session. Supplementary
material should not detract from the theme and the purpose of the lecture.
Lectures should not be long and should alternate between active training method
types to maximize participation and interaction.

● Questioning techniques: the introduction of appropriate questions can energize

debates and promote critical thinking and reflection by the participants. This
could contribute towards the identification of complex issues that require further
discussion. This method motivates participants to initiate debate and activate
prior knowledge. Furthermore, issues raising the most interest can be identified
and analyzed.

● Role-playing method: involves the changing of one’s behavior to assume a role.

Participants consciously temporarily change their behavior to fulfill another role.
This involves the participants rehearsing situations that prepare them for
potentially similar situations. In future, they should be able to appropriately
handle the situation due to the development of key competencies and their
familiarity with the situation. During the training session, the playing
participants are asked to conduct an interview at the front of the room.
Volunteers should be identified and allocated roles by the trainer for the case in
focus.

● Brainstorming method: an appropriate method to activate participants’

reflection and promote the sharing of opinions on the topics discussed during

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 courses. The brainstorming method is very effective in promoting creative
thinking through inducing the development of new ideas and broadening
debate. Facilitators will be responsible for planning the discussions in a
comprehensive and effective way to ensure that effective interaction is achieved
so that the discussed issue is covered in depth.

● Cooperative learning method: aims to expand upon previously and newly

acquired knowledge by respecting every participant’s contribution. The method
should be applied, to promote positive interdependence among participants. It
should activate the participants’ prior knowledge and skills, assisting them to
assimilate newly acquired information.

● Practical exercise: involves trainees applying and demonstrating specific

professional skills within a supervised framework. Using this method, a learning
process could be initiated through experiencing simulated “real” situations.

● Case studies: are very effective in promoting the active involvement of

participants and the development of skills. They also give exposure to a variety
of situations within a limited time frame.

● Use of visual and auditory means: can be used as a support to training methods
to increase participants’ involvement throughout courses. This is effective as they
can promote more lively and stimulating learning experiences whilst
incorporating a variety of learning styles. Facilitators can deliver the course using
multimedia and can use reading and audiovisual material such as
demonstrations and graphs.

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Photo: An interactive training methodology

Six golden rules should be kept in mind by Trainers/facilitators when delivering their
courses:
1. Adults learn by doing. They want to be involved in the process. Never merely
demonstrate how to do something if an adult learner can actually perform the
task, even if coaching is involved and it takes longer to complete the process.

2. Adults relate best to examples from their own experience, and problems that
reflect those in their own workplace. When developing learning activities or
exercises, choose situations that relate to the work they are currently doing.

3. Adults relate their learning to what they already know. Assume that the
participants come to the training with a vast array of skills and experience. Build
the training around this expertise. Ask participants to come up with examples or
situations that elaborate on the teaching points presented in the curriculum.

4. Adults relate best to a flexible learning environment. Trying to intimidate

adults or to force them to participate actively in the training when they are
resistant to it causes frustration and anger.

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 5. Adults learn best when a variety of techniques are used. Use a wide variety of
techniques and vary the pace and approach throughout the training.

Adults learn best when they are given the opportunity to question and challenge the
information presented. Be sensitive to varying perspectives, and allow time for
participants.

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Module 1: Introductory and Expectation setting
Session 1: Opening and Welcome
1. To welcome the participants and officially open the session;

2. To get information from the participants on what they

expect to learn and obtain after the training;

3. To ensure that all expectations of the participants and the

prepared program are aligned, taking necessary corrective
actions, when necessary;
Learning
Objectives:
4. To provide a clear overview of the overall objectives and
design of the training;

5. To get baseline data on the level of understanding,

knowledge and skills relating to human rights
investigations concepts, as prescribed in the Trial Advocacy
Training module.

Competency Areas: Work Standards

Presentation Slides
Training Materials:
Pre-test questionnaires
1. LCD Projector
Training
2. LCD Screen
Equipment:
3. Computer/Laptop for presentation
Opening and Welcome, 10 Minutes
Timing: Pre-test diagnostics, 30 mins
Expectation setting, 30 mins

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 Presentation of overall course framework and training
objectives, Getting-to-Know-You Activity, 20 Minutes

Total time allotment: 1 Hour 30 Minutes

Guided by the facilitator, the training team will welcome and
formally open the program. Brief intro activity with
participants and facilitator.

Individual Activity: Expectation Setting –

The responses will then be written in metacards and posted in
a Manila paper

Methodology: Pre-Test Administration – The Questionnaire will then be

distributed and an ample amount of time will be provided for
the participants to complete the test.

Presentation: Training Objectives – The facilitator will

present the overall objectives and framework of the Human
Rights Investigators Training Program, as well as the specific
training objectives of the Intermediate level

1. This section provides an opportunity for the participants to

learn from each other; and
Key Lessons:
2. Re-surface the key learning from the previous training
modules.

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Key Personnel: Lead Facilitator and Assistant Facilitator
Technical Trial Advocacy Source Code
References:
Hand out or Prepare handouts as needed
workbook:

Module 2: Tools for Lawyers and investigators

Session 2: What moves you?
Learning 1. To bring back into awareness the lessons the participants
Objectives: learned from the previous modules, creating a link between
the previous learning to the current Intermediate level
2. To create an environment of openness and non-judgmental
attitude, bringing down barriers to learning and interaction
3. To foster open dialogue on motivations and inspirations
that are reasons for working in an HR institution
Competency Areas:
Training Materials: 1. Slide Presentations
2. Cut-outs from colored metacards
3. Pens and markers
4. Manila paper
5. Masking tape
Training 1. LCD Projector
Equipment: 2. LCD Screen
3. Whiteboard
4. Whiteboard Markers
Timing: Individual reflection on work attitudes/ purpose for working,
15 mins
Processing, 15 Minutes

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 Review and recap, 30 minutes
Lecture on code of conduct, 30 mins.
Lecture on Interviewing witnesses, 30 mins
Total time allotment: 2 Hours
Methodology: A. What moves you?

Facilitator will distribute metacards and ask the participants

the following question:
(1) What is your main reason for working in a human
rights institution?
(2) What inspires you to work in government? In human
rights?
Facilitator can collect the metacards and group on flip chart
or manila paper

B. Review and recap on past modules learned in Intermediate

module: (1) ethical considerations, (2) tools of investigators
(3) effective interviewing
C. Lecture on code of conduct, code of professional
responsibility
D. Lecture on interviewing witnesses

Key Lessons: Ethical standards for lawyers and investigators

Effective interview skills
Motivations for working in HR
Key Personnel: Lead Facilitator and Assistant Facilitator
Technical Intermediate Human Rights Investigation Training
References: Trial Advocacy Training Source Book

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Hand out or Prepare handouts as needed
workbook:

Module 2: Tools for Lawyers and Investigators

Session 3: Effective Interview of witnesses
Learning For the participants to explore, practice and understand
Objectives: effective methods in interviewing witnesses

Competency Areas:
Training Materials: 1. Metacards
2. Pens and markers
3. Coloring Pens / Crayons
4. Masking tape
Training 1. LCD Projector
Equipment: 2. LCD Screen
3. Whiteboard
4. Whiteboard Markers
Timing: Group Activity, 20 mins
Presentation 40 mins
Processing, 30 Minutes

Total time allotment: 1.5 hrs.

Methodology: Facilitator will work with volunteers to re-enact a case
situation. There will be a witness and 2 volunteers will
conduct interviews. The facilitator will provide observations
and discuss with plenary. What went well in the interview?
What went wrong? How can it be improved.
The case samples 1 and 2 are provided below:

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CASE 1: Dheeya and Amer were students at the University of
the Philippines (UP), and members of Anakpawis. One day,
they went to Mindanao for a community immersion and to
conduct educational discussions among the resident farming
community. Then, they disappeared.
Amil and Abdul were in their house when some armed men
barged through their door. The armed men searched for
firearms against them while referring to them as members of
the Maute group. They were then dragged outside. Amil was
hogtied while Abdul was both hogtied and blindfolded. While
outside, Amil also saw two young adolescents being dragged
by the armed men while blindfolded. When he was brought to
a room, he heard shouts from a male and female individuals.
He heard names being mentioned.
Abdul, Dheeya and Amer were brought to a fort and were
tortured to admit that they were members of the Maute group
conspiring to overthrow the government. They were tied
down to a bench and beaten with the back end of military
rifles. Dheeya was also stripped naked and her orifices were
inserted with various elongated objects. Overseeing their
torture and giving orders to the armed men was a man
wearing camouflage polo and a cap, who was referred to as
General Garcia.
After this, they were separated into different rooms, and
Abdul was left alone.
He was able to escape. However, Dheeya and Amer were
never heard from again.
CASE 2:

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Ayesha married Abdel. They have two children together and
once lived together in a small rented apartment in Cotabato
City. Ayesha, a housewife, depended on Abdel for the
family’s daily living expenses.
On the other hand, Abdel, who was at the time of their
marriage a Senior Police Officer IV at the Cotabato City Police
District Station 7, is dominant, controlling, and demands
absolute obedience from his wife and children. He forbade his
wife from praying, and deliberately isolated her from her
friends. When she said that she wanted to continue her college
studies and become a lawyer, her husband trivialized her
ambitions and prevailed upon her to just stay at home. He
controlled the finances of the family, and Ayesha would
always have to meekly ask money from him for the family’s
daily meals. He never provided money for more than the
family’s basic expenses.
Abdel was later promoted to Inspector I, but was asked by his
superiors to relocate to Quezon City. Without even consulting
with his wife and children, he immediately accepted the
promotion and left his family.
Ayesha and her two minor children were then left to fend for
themselves back in Cotabato City. Despite the promotion and
salary raise, Abdel limited even more the amount that he
sends back to his family. Ayesha’s multiple texts, calls, and
letters to her husband in Quezon City were often ignored.
With no family of her own left to ask for sustenance, Ayesha
often found herself asking her neighbors for help in
babysitting her children as she tried to struggled to find work,

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 to no avail because she lacked educational credentials.
Finally fed up, Ayesha became determined to separate from
Marco but she is afraid that he would take her children from
her and deprive her of financial support. Abdel had
previously warned her that if she goes on a legal battle with
him, she would not get a single centavo.
Key Lessons: Interviewing techniques
Key Personnel: Lead Facilitator and Assistant Facilitator
Technical Trial Advocacy training source book
References:
Hand out or Prepare handouts as needed
workbook:

Module 3: Case buildup

Session 4: Writing petitions
Learning 1. For investigators to apply writs to actual HR case scenarios
Objectives: 2. To be able to strategize approaches in handling actual HRV
cases
Competency Areas:
Training Materials: ● Presentation Slides
● Metacards
● Flipchart paper/ Manila paper
● Pens and markers
● Coloring Pens / Crayons
● Masking tape
Training 1. LCD Projector
Equipment: 2. LCD Screen
3. Whiteboard

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 4. Whiteboard Markers
Timing: Resource person lecture: 60 minutes
Group Activity, 60 mins
Reporting 30 mins.
Processing/Critiquing, 30 Minutes
Total time allotment: 3 Hours
Methodology: Participants will be asked to form 4 groups. Each group will be
tasked to write petitions for writ of habeas corpus, habeas
data, kalikasan and amparo based on the case scenarios
presented to them.
There will be four reports for each writ and each group will be
asked to present their outputs. The resource persons will
comment on their petitions.
Key Lessons: Application of HR writs to case studies
Key Personnel: Resource Person, Lead Facilitator and Assistant Facilitator
Technical Training on Trial Advocacy source book
References:
Hand out or Case Scenarios
workbook:

Module 4: Assessment of training

Session 5: Post-Test Evaluation
Learning 1. To allow participants to articulate their key takeaways or
Objectives: learning from the training experience
2. To look into the progress of the participants relating to their
understanding and comprehension of the inputs and
processes provided in the course of the Foundation II
training.

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Competency Areas: Working Standards
Training Materials: Slide Presentations:
Post-test
Evaluation
Training 1. LCD Projector
Equipment: 2. LCD Screen
3. Computer/Laptop for presentation

Timing: Group discussion – 30 minutes

Post test – 30 minutes

Total time allotment: 1 hour

Methodology: Facilitator will distribute the post-test questionnaire and
distribute the evaluation document.
Key Lessons: Articulation of learnings from the training and how this could
be applicable in actual work experience
Key Personnel: Lead Facilitator, Assistant Facilitator
Technical none
References:
Hand out or Post-Test questionnaire
workbook:

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 ANNEXES

Sample program
DAY/TIME ACTIVITY PERSON
RESPONSIBLE
Day 1
8:00 am Registration
8:30 – 9:00 National Anthem Facilitator
Prayer
Welcome Remarks
9:00 – 12:00 Module 1: Introduction and Expectation setting Facilitator
Session 1
Module 1: Tools of Lawyer and Investigators
Session 2
12:00 – 2:00 Lunch/ Prayer
2:00 – 2:15 Ice breaker
2:15 – 2:45 Module 2: Tools of lawyers and Investigators Resource person
Session 2 Continuation Facilitator
2:45 – 5:00 Module 2: Tools of lawyer and investigators
Session 3: Effective interview
Day 2
8:00 Registration
8:30– 9:00 Prayer
Recap of Day 1 Facilitator

9:00 – 9:15 Group Activity: Charades Facilitator

9:15 – 12:00 Module 3: Case Buildup Resource Person

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 Session 4: Writing petitions Facilitator
12:00 – 2:00 Lunch / Prayer
2:00 – 2:10 Ice Breaker
2:10 – 2:45 Module 3: Case Buildup
Session 4: continuation
2:45 – 3:30 Lecture Resource person
3:30 – 4:30 Module 4: Post training assessment Facilitator
Session 5: Post test
4:30 – 5:00 Awarding of certificates
Photo session

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PRE-TEST
Name : _______________________________________________________________
Age: ______ Gender:_______ Organization :
______________________Position:__________________

This diagnostic test is designed to assess your current understanding on Trial Advocacy. Note that
your current understanding in the pre-test will be measured again in the post-test. Make sure that
you are able to correct your wrong answers as the training process progresses.
The items herein have a total of 50 points and are derived from the materials pertaining to the Trial
Advocacy training module

True or False. Write True if the statement is true and write False if the statement is
false. If the statement is false underline the word/s or phrase that makes the sentence
false. (2 pts each, Total of 20 pts)
1. Investigators must keep in mind that success is a result of preparation.
2. All persons who can perceive, and perceiving, can make known their
perception to others, may be considered as witnesses all the time
3. The prosecution has the burden of proof in criminal cases.
4. Not all relevant evidence is admissible.
5. The pre-trial stage exists in both civil and criminal cases.
6. Stipulation of facts in criminal cases are prohibited.
7. At any time before presenting her/his evidence, the accused may move
to quash the complaint or information.
8. While the rule that the defendant can be convicted only of the crime
charged in the complaint/information does not admit of any exception.
9. A judgment becomes final and executory when the period for appeal
has elapsed without a party having perfected an appeal, or if there has
been an appeal, it has been resolved by the highest tribunal.
10. Post-trial remedies maybe availed of within 30 days from notice to the
parties.

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PRE-TEST

Enumeration. Fill the blanks with the correct answers. Total of 25 pts.
1 – 3. Enumerate 3 general types of questions that maybe used when interviewing
witnesses

4 – 9. Enumerate 6 grounds for disqualification of a witnesses in court

___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________

10. - 11. Generally, an evidence may be admissible provided it has satisfied these two
criteria
_____________________________________________
_____________________________________________

12. – 17. Enumerate five items/issues that need to be tackled during pre-trial stage in
criminal cases

___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________

28
PRE-TEST

18. -21 – Enumerate at least 4 grounds to quash an information in a criminal case

___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________

21. – 25. Enumerate the 3 remedies available to question a judgment of the court
before it has become final and executory
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________

Identification. Total of 5 pts.

1. It is a detailed, coherent, accurate story of what occurred, and must demonstrate
that the client is entitled to relief. _________________________________
2. This prerequisite for admissibility of evidence requires that the evidence must
have such a relation to the fact in issue as to induce belief in its existence or non-
existence. ___________________________________
3. This type of evidence does not mean repeating the presentation of the same type
or kind of evidence, but it can be that which looks at the evidence already
presented at its weak points and fills in the gaps.
________________________________________
4. This rule restricts comments and disclosures pertaining to judicial proceedings to
avoid prejudging the issue, influencing the court, or obstructing the administration
of justice. __________________________________
5. It is that degree of proof which produces conviction in an unprejudiced mind.
__________________________________________

29
POST-TEST
Name : _______________________________________________________________
Age: ______ Gender:_______ Organization_____________________Position:__________

This test is designed to measure the amount of retained content and procedure in the
training intervention. It is also a test to determine certification into the Ladderized
Training and Certification Program (Trial Advocacy). The questions are based on the
subject matter imparted during the training sessions. This contains a total of 50 points.
Read the instructions and fill in the correct answers.

True or False. Write True if the statement is true and write False if the statement is
false. If the statement is false underline the word/s or phrase that makes the sentence
false. (2 pts each, Total of 20 pts)
11. Investigators must keep in mind that success is a result of preparation.
12. All persons who can perceive, and perceiving, can make known their
perception to others, may be considered as witnesses all the time
13. The prosecution has the burden of proof in criminal cases.
14. Not all relevant evidence is admissible.
15. The pre-trial stage exists in both civil and criminal cases.
16. Stipulation of facts in criminal cases are prohibited.
17. At any time before presenting her/his evidence, the accused may move
to quash the complaint or information.
18. While the rule that the defendant can be convicted only of the crime
charged in the complaint/information does not admit of any exception.
19. A judgment becomes final and executory when the period for appeal
has elapsed without a party having perfected an appeal, or if there has
been an appeal, it has been resolved by the highest tribunal.
20. Post-trial remedies maybe availed of within 30 days from notice to the
parties.

30
POST-TEST
Enumeration. Fill the blanks with the correct answers. Total of 25 pts.
1 – 3. Enumerate 3 general types of questions that maybe used when interviewing
witnesses

4 – 9. Enumerate 6 grounds for disqualification of a witnesses in court

___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________

10. - 11. Generally, an evidence may be admissible provided it has satisfied these two
criteria
_____________________________________________
_____________________________________________

12. – 17. Enumerate five items/issues that need to be tackled during pre-trial stage in
criminal cases

___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________

31
PRE-TEST

18. -21 – Enumerate at least 4 grounds to quash an information in a criminal case

___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________

21. – 25. Enumerate the 3 remedies available to question a judgment of the court
before it has become final and executory
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________

Identification. Total of 5 pts.

6. It is a detailed, coherent, accurate story of what occurred, and must demonstrate
that the client is entitled to relief. _________________________________
7. This prerequisite for admissibility of evidence requires that the evidence must
have such a relation to the fact in issue as to induce belief in its existence or non-
existence. ___________________________________
8. This type of evidence does not mean repeating the presentation of the same type
or kind of evidence, but it can be that which looks at the evidence already
presented at its weak points and fills in the gaps.
________________________________________
9. This rule restricts comments and disclosures pertaining to judicial proceedings to
avoid prejudging the issue, influencing the court, or obstructing the administration
of justice. __________________________________
10. It is that degree of proof which produces conviction in an unprejudiced mind.
__________________________________________

32
ANSWER KEY
TEST with answers in RED
The items herein have a total of 50 points and are derived from the materials pertaining
to the module on Trial Advocacy.
True or False. Write True if the statement is true and write False if the statement is
false. If the statement is false underline the word/s or phrase that makes the sentence
false. (2 pts each, total of 20 pts)
21. Investigators must keep in mind that success is a result of preparation. TRUE
22. All persons who can perceive, and perceiving, can make known their perception
to others, may be considered as witnesses all the time (False: there are
exceptions)
23. The prosecution has the burden of proof in criminal cases. TRUE
24. Not all relevant evidence is admissible. TRUE
25. The pre-trial stage exists in both civil and criminal cases. TRUE
26. Stipulation of facts in criminal cases are prohibited (False – no longer prohibited)
27. At any time before presenting her/his evidence, the accused may move to
quash the complaint or information. (False – at anytime before entering a plea)
28. While the rule that the defendant can be convicted only of the crime charged in
the complaint/information does not admit of any exception. (False- does admit
of exception)
29. A judgment becomes final and executory when the period for appeal has elapsed
without a party having perfected an appeal, or if there has been an appeal, it has
been resolved by the highest tribunal. TRUE
30. Post-trial remedies maybe availed of within 30 days from notice to the parties.
(False – 15 days)
Enumeration. Total of 25 pts.
1 – 3. Enumerate 3 general types of questions that maybe used when interviewing
witnesses (Ans. : Open-ended, direct and leading questions);
4 – 9. Enumerate 6 grounds for disqualification of a witnesses in court (Ans. by reason
of mental incapacity or immaturity1, by reason of marriage2, by reason of death or
insanity of adverse party3, by reason of privileged communication among different
persons);

1
Sec. 21, Rule 130, Revised Rules of Evidence
2
Sec. 22, Rule 130, Revised Rules of Evidence
3
Sec. 23, Rule 130, Revised Rules of Evidence

33
10. - 11. Generally, an evidence may be admissible provided it has satisfied these two
criteria (Ans. relevance and competence)
12. – 17. Enumerate five items/issues that need to be tackled during pre-trial stage in
criminal cases (Ans. A. Plea bargaining; B. Stipulation of facts; C. Marking for
identification of evidence of the parties; D. Waiver of objections to admissibility of
evidence; E. Modification of the order of trial if the accused admits the charge but
interposes a lawful defense; and F. Such other matters as will promote a fair and
expeditious trial of the criminal and civil aspects of the case);
18. -21 – Enumerate at least 4 grounds to quash an information in a criminal case (Ans.
Sec. Rule 117 - (a) the facts charged do not constitute an offense; (b) the court trying
the case has no jurisdiction over the offense charged; (c) the court trying the case has
no jurisdiction over the person of the accused; (d) the officer who filed the information
had no authority to do so; (e) the complaint or information does not conform
substantially to the prescribed form; (f) more than one offense is charged except when a
single punishment for various offenses is prescribed by law; (g) the criminal action or
liability has been extinguished; (h) the complaint or information contains averments
which, if true, would constitute a legal excuse or justification; and (i) the accused has
been previously convicted or acquitted of the offense charged, or the case against him
was dismissed or otherwise terminated without his express consent.).
21. – 25. Enumerate the 3 remedies available to question a judgment of the court
before it has become final and executorty (Ans. Motion for Reconsideration, Motion for
New Trial and Appeal)

Identification. Total of 5 pts.

11. It is a detailed, coherent, accurate story of what occurred, and must demonstrate
that the client is entitled to relief (Theory of the case);
12. This prerequisite for admissibility of evidence requires that the evidence must
have such a relation to the fact in issue as to induce belief in its existence or non-
existence. (Ans. Relevance [of evidence])
13. This type of evidence does not mean repeating the presentation of the same type
or kind of evidence, but it can be that which looks at the evidence already
presented at its weak points and fills in the gaps. (Ans. Corroborative evidence)
14. This rule restricts comments and disclosures pertaining to judicial proceedings to
avoid prejudging the issue, influencing the court, or obstructing the administration
of justice. Sub judice rule
15. It is that degree of proof which produces conviction in an unprejudiced mind.
(Ans. Proof beyond reasonable doubt)

34
HANDOUTS
Module 3

Case Scenario: Writ of Habeas Corpus

Ayesha Disomangcop married Abdel Disomangcop on March 1, 2008. They have two
children together, namely Aman and Ian, aged 10 and 14 respectively, and once lived in
a small rented apartment in 12 Marulas St., Brgy. Bagua, Cotabato City.
Ayesha, unemployed and a housewife, depended on Abdel for the family’s daily living
expenses. On the other hand, Abdel, who was at the time of their marriage a Senior
Police Officer IV at the Cotabato City Police District Station 7, is dominant, controlling,
and demands absolute obedience from his wife and children. He forbade his wife from
praying, and deliberately isolated her from her friends. When she said that she wanted
to continue her college studies and become a lawyer, her husband trivialized her
ambitions and prevailed upon her to just stay at home. He controlled the finances of the
family, and Ayesha would always have to meekly ask money from him for the family’s
daily meals. He never provided money for more than the family’s basic expenses.
On September 30, 2017, Abdel was promoted to Inspector I, but was asked by his
superiors to relocate to Krus Na Ligas, Quezon City. Without even consulting with his
wife and children, he immediately accepted the promotion and left his family. Ayesha
and her two minor children were then left to fend for themselves back in Cotabato City.
Despite the promotion and salary raise, Abdel limited even more the amount that he
sends back to his family. Since then, he has ignored Ayeshe’s multiple texts, calls, and
letters.. With no family of her own left to ask for sustenance, Ayesha often found herself
asking her neighbors for help in babysitting her children as she tried to struggled to
find work, to no avail because she lacked educational credentials.
On January 15, 2018, Abdel suddenly came back from Quezon City. He accused Ayesha
of neglecting their children. He told them to pack their bags and that he would be

35
taking them with him to Quezon City, claiming he could provide them with a better
life.
Because of the refusal of Abdel to give Aman and Ian back to Ayesha, she wanted to sue
out a writ of habeas corpus.

Case Scenario: Writ of Habeas Data

In 2009, former President Gloria Macapagal-Arroyo issued Administrative Order No.
275 (A.O. 275), “Creating an Independent Commission to Address the Alleged
Existence of rivate Armies in the Country”,which was later on referred to as the
enarosa Commission, to investigate the existence of private army groups (PAGs) in
the country with a view to eliminating them and dismantling them permanently in the
future.
Mayor Gamboa of Dingras, Ilocos Norte alleged that the PNP–Ilocos Norte conducted a
series of surveillance operations against her and her aides, and classified her as
someone who keeps a PAG. Purportedly without the benefit of data verification, PNP–
Ilocos orte forwarded the information gathered on her to the enarosa Commission,
which caused her inclusion in the Report’s enumeration of individuals maintaining
PAGs.
Statistics on the status of PAGs were based on data from the PNP, which has been
vigilant in monitoring the activities of these armed groups and this vigilance is largely
due to the existence of the Commission which has continued communicating with the
Armed Forces of the Philippines (AFP) and PNP personnel in the field to constantly
provide data on the activities of the PAGs.
In 2010, ABS-CBN broadcasted on its evening news program the portion of the Report
naming Gamboa as one of the politicians alleged to be maintaining a PAG. Gamboa
averred that her association with a PAG also appeared on print media. For which
reason, she was publicly tagged as someone who maintains a PAG on the basis of the
unverified information that the PNP-Ilocos Norte gathered and forwarded to the

36
 enarosa Commission. As a result, she claimed that her malicious or reckless inclusion
in the enumeration of personalities maintaining a PAG as published in the Report also
made her, as well as her supporters and other people identified with her, susceptible to
harassment and police surveillance operations.
Contending that her right to privacy was violated and her reputation maligned and
destroyed, Gamboa wishes to file a Petition for the issuance of a writ of habeas data
against respondents in their capacities as officials of the PNP-Ilocos Norte.

Case Scenario: Writ of Amparo

Hassan Asis is a member of Kagimungan, a peasant organization affiliated with
Kilusang Magbubukid ng Pilipinas (KMP). The military tagged KMP as an enemy of
State under the Oplan Patalim, which made its members targets of EJKs and enforced
disappearances.
On Sept 6, 2009, he was onboard a tricycle when four men forcibly took him and forced
him into a car. Inside the vehicle were several men in civilian clothes with guns. The
men tied him up and started inflicting blows on him. During the ride, Asis was forced
to admit to being a member of the NPA although he remained silent.
They arrived to a camp belonging to the Phil. Army where he was coerced into
confessing to being a NPA member but he did not relent. Each time he was silent, he
was mauled. They then forced him to sign documents stating that he had surrendered
in an encounter and that the soldiers did not shoot him as he was an asset. He refused
to sign and received another beating until they thought he was rendered unconscious.
However, he was still conscious when he heard the soldiers say that the crackdown
operation of the military against KMP and other left-leaning organizations reached
President Marvic Santos and he was displeased with such. The soldiers mentioned that
the President was merely a puppet and would not do anything to jeopardize his
presidency.

37
Finally, when Asis woke up, he was told that he would be released. He was brought to
the Makiling Medical Center where upon being asked by the doctor why he had bruises
and contusions, he lied and told her that he sustained them when he slipped. He did so
because a soldier was looking at him.
He was brought to another camp and was made to sign a paper stating that he was a
surrenderee and was never beaten up. He signed because he wanted to end his ordeal.
The soldiers constantly reminded him not to say anything to the media. While at the
CHR office, the soldiers again made him sign an affidavit stating that he was neither
abducted nor tortured and did so.

Case Scenario: Writ of Kalikasan

Big Oil Company (BOC) operates two pipelines since 1969, viz: ( 1) the White Oil
Pipeline (WOPL) System, which covers a 117-kilometer stretch from Batangas to the
Pandacan Terminal in Manila and transports diesel, gasoline, jet fuel and kerosene; and
(b) the Black Oil Pipeline (BOPL) System which extends 105 kilometers and transports
bunker fuel from atangas to a depot in Sucat, aranaque. These systems transport
nearly 60% of the petroleum requirements of Metro Manila and parts of the provinces of
Bulacan, Laguna, and Rizal.
The two pipelines were supposedly designed to provide more than double the standard
safety allowance against leakage, considering that they are made out of heavy duty steel
that can withstand more than twice the current operating pressure and are buried at a
minimum depth of 1.5 meters, which is deeper than the US Department of
Transportation standard of 0.9 meters. In May 2010, however, a leakage from one of the
pipelines was suspected after the residents of East Tower Condominium (East Tower)
started to smell gas within the condominium. A search made on July 10, 2010 within the
condominium premises led to the discovery of a fuel leak from the wall of its Basement
2. Owing to its inability to control the flow, East Tower's management reported the

38
matter to the Police Department of Makati City, which in turn called the city's Bureau of
Fire Protection.
What started as a two-drum leak at the initial stages became a 15-20 drum a day affair.
Eventually, the sump pit of the condominium was ordered shut down by the City of
Makati to prevent the discharge of contaminated water into the drainage system of
Barangay Bangkal. Eventually, the fumes compelled the residents of West Tower to
abandon their respective units on July 23, 2010 and the condo's power was shut down.
BOC initially disowned any leak from its oil pipeline. Thus, the residents of East Tower
shouldered the expenses of hauling the waste water from its basement, which
eventually required the setting up of a treatment plant in the area to separate fuel from
the waste water. On October 28, 2010, the University of the Philippines-National
Institute of Geological Sciences (UP-NIGS), which the City of Makati invited to
determine the source of the fuel, found a leak in FPIC's WOPL about 86 meters from
East Tower. A day after, or on October 29, 2010, BOC admitted that indeed the source of
the fuel leak is the WOPL, which was already closed since October 24, 2010, but denied
liability by placing blame on the construction activities on the roads surrounding East
Tower.
East Tower Corp. wanted to interpose for the Issuance of a Writ of Kalikasan on behalf
of its residents and in representation of the surrounding communities in Barangay
Bangkal, Makati City.

39
PRESENTATION SLIDES

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