ORAL ARGUMENTS BEFORE THE COURTS OF LAW

A QUICK GUIDE TO ORAL ARGUMENTS; HISTORY AND LEGAL BASIS

By: Jay B. Rempillo and Anna Katrina M. Martinez

Deriving its lineage from a borrowed tradition, the practice of hearing cases on “Oral Argument” before the Supreme Court is an important though largely unappreciated and misunderstood process.

The practice of hearing oral argument is taken from the Supreme Court of the United States (SCOTUS), which hears arguments starting the first Monday in October—typically two one-hour arguments a day—on Mondays, Tuesdays and Wednesdays in two-week intervals until late April (with breaks in between).¹ Rule 4 of the Rules of the Supreme Court of the United States provides that “(u)nless it orders otherwise, the Court sits to hear arguments from 10 a.m. until noon and from 1 p.m. until 3 p.m.”  Oral argument is governed by Rule 28.²

Unlike the  SCOTUS, there is no clear-cut definition yet of “Oral Argument” in Philippine law books. The Philippine Legal Encyclopedia defines “Oral” and “Argument” separately: “Oral” as “by speech or word of mouth, as contrasted with writing,” and “Argument” as “a reason advanced to prove a point or to persuade a person.” The closest definition, however, is that found in Black’s Law Dictionary which defines “Oral Argument” as “statements that are given orally by an attorney, either in defense of a client or to rebut the opposing party’s statements.”

Retired Chief Justice Artemio V. Panganiban, in one of his books aptly titled Battles in the Supreme Court, wrote: “Oral arguments, which are rare, are usually held only in cases involving difficult and complicated questions.” The former Chief Justice said that the Court delineates the issues; and the lawyers for each side, who are expected to come extensively prepared, dwell on these issues within the allotted time.  However, members of the Court may, and usually do, ask questions on any topic, issue or matter.  Hence, the allotted time is usually extended. The lawyers are usually required to follow up and close their cases with the filing of written memoranda after the oral arguments.

 Read complete text here: http://sc.judiciary.gov.ph/features/quickguide/index.htm