ARRAIGNMENT

CRIMINAL CASE NO. 2014-111917

PEOPLE OF THE PHILIPPINES VERSUS CARLOS JUAN

COC: All rise! The Court is now in session, silence is hereby enjoined. Honorable Judge Rowe
Baquilod, presiding. Let’s pray.
All mighty God, we stand in Your Holy Presence as our Supreme Judge. We humbly
beseech You bless and inspire us so that what we think, say and do will be in accordance with
Your will. Enlighten our minds, strengthen our spirit and fill our hearts with fraternal love,
wisdom and understanding, so that we can become effective channels of truth, justice and
peace. In our proceedings today, guide us in the path of righteousness for the fulfillment of Your
greater glory. Amen.

JUDGE: Court is now in session (stamp gavel). Call the case.

(Stand up COC, Accused and Defense Counsel)

COC: Criminal Case No. 2014-111917 People of the Philippines v. Carlos Juan for Murder
under Article 248 of The Revised Penal Code for arraignment.

JUDGE: Appearance for Prosecution and Defense.

PROSECUTOR: Your Honor, I am Atty. Mario Mendoza appearing for the Government.

DEFENCE: Your Honor, I am Atty. Selverio Norte defense counsel for the accused.

JUDGE: Is the accused present? Ready for arraignment?

DEFENSE: Yes Your Honor, ready.

JUDGE: Okay arraign the accused.

COC: What language/dialect do you understand?

ACCUSED: English.

COC: Okay. Please raise your right hand. Do you swear to tell the truth, the whole truth and
nothing but the whole truth?

ACCUSED: Yes, I do.

COC: Criminal Case no. 2014-111917, People of the Philippines v. Carlos Juan.

Accused, Carlos Juan commits the crime for murder under Article 248 of The Revised
Penal Code.

That on or about 05 July 2014, in Tegeytey City, within the jurisdiction of the
Honorable Court, the above-name accused, did then and there, willfully, unlawfully and
feloniously, with treachery and evident premeditation, commit the felony of murder by then and
there shooting one James Charles with the use of an automatic pistol, a CZ 9mm, hitting the
latter at his back, right-side and thus inflicting upon him mortal gun-shot wound which caused
 his death, thereby performing all the acts of execution necessary to produce the felony of
murder.

Contrary to law.

COC: Do you understand the crime charged against you?

ACCUSED: Yes, Your Honor.

COC: What is your plea?

ACCUSED: Not guilty, Your Honor.

COC: Your Honor, after having arraigned, the Accused pleaded NOT GUILTY to the crime
charged.

JUDGE: In today’s trial, the arraignment of Carlos Juan in Criminal Case No. 2014-111917 was
conducted. The information is read to him in English a language known and understood by him.
Defense counsel Atty. Selverio Norte assisted the accused. The accused pleaded not guilty for the
crime charged against him.

No objection both for prosecution and defense, the case is set for pre-trial on November
23, 2017. Notify the parties thereto. So ordered.
 PRE-TRIAL CONFERENCE

CRIMINAL CASE NO. 2014-111917

PEOPLE OF THE PHILIPPINES VERSUS CARLOS JUAN

COC: All rise! The Court is now in session, silence is hereby enjoined. Honorable Judge Rowe
Baquilod, presiding. Let’s pray.

All mighty God, we stand in Your Holy Presence as our Supreme Judge. We humbly
beseech You bless and inspire us so that what we think, say and do will be in accordance with
Your will. Enlighten our minds, strengthen our spirit and fill our hearts with fraternal love,
wisdom and understanding, so that we can become effective channels of truth, justice and
peace. In our proceedings today, guide us in the path of righteousness for the fulfillment of Your
greater glory. Amen.

JUDGE: Call the case, schedule for pre-trial

COC: Criminal Case No. 2014-111917 People of the Philippines v. Carlos Juan for Murder
under Article 248 of the Revised Penal Code for PRETRIAL CONFERENCE.

JUDGE: Appearance for Prosecution and Defense.

PROSECUTOR: For the government, Your Honor, ready.

DEFENSE: For the defense, ready Your Honor.

JUDGE: Both parties are ready for the pre-trial, before we proceed for the pre-trial proper, may I
remind both parties if they are welling for plea bargaining as it is stated in the rules of
court . . . . . . .

May I ask the defense counsel . . . . . . . .

DEFENSE: Your Honor . . . . . . . .

JUDGE: What is the comment of the prosecution?

PROSECUTOR: We are not . . . . . .

JUDGE: From the manifestations of the both parties, i believe that plea bargaining is not
possible. So, we will proceed to the stipulation of facts.

COC: Both parties present your stipulation of facts.

PROSECUTOR: STIPULATION 1: Identity of the accused.

JUDGE: What say you defense counsel?

DEFENSE: Admitted, Your Honor

PROSECUTOR: STIPULATION 2: That the accused did willfully, unlawfully and feloniously, with
treachery and evident premeditation, commit the felony of murder
JUDGE: What is the comment of the counsel for the accuse?

DEFENSE: Partly admitted your honor, however, we want them to qualify particularly on trachery
and evident premeditation considering the information filed was murder.

PROSECUTOR: The citation of treachery and evident premeditation cannot be given countenance your
honor considering the death was caused by a gunshot without agitation whatsoever by the victim.

JUDGE: What is the comment of the counsel for the accuse?

DEFENSE: None, your honor.

JUDGE: Since we are done with the presentation of stipulation of facts. Are there any additional
stipulations?

PROSECUTOR: None, Your Honor

DEFENSE: None, Your Honor

JUDGE: So, we will proceed to the marking and identification of evidence. Again, I am reminding
both parties………………..

COC: What is your documentary evidence, Prosecutor?

PROSECUTOR: The prosecution would like to present as documentary and object evidence the
following:

1. Exhibit “A” - DEATH CERTIFICATE of Carlos Juan

2. Exhibit “B” – the sworn statement of Luisa Juan
3. Exhibit “C” – signature of Luisa Juan
4. Exhibit “B” - AUTOPSY REPORT dated July 10, 2014
5. Exhibit “C” - POLICE REPORTS such as,
6. Exhibit “D” - AUTOMATIC PISTOL, CZ 9MM
7. Exhibit “E” - SLUGS

COC: Any objection Atty. Norte?

DEFENSE: As to the purpose of markings, only ma’am.

COC: How about the defense, what is your documentary evidence?

DEFENSE: The defense would like to present as documentary and object evidence the following:

1. Exhibit “A” - COUNTER AFFIDAVIT OF THE ACCUSED James Charles

2. Exhibit “B” - MEDICAL CERTIFICATE OF THE DEFENSE AS TO HIS PHYSICAL
CONDITION issued by Dra. Ramona Sebastian
3. Exhibit “C” - AFFIDAVIT OF THE ACUSSED THAT NEGATED THE ALLEGED TREACHERY
AND EVIDENT PREMEDITION.
4. Exhibit “D” - Affidavit of Jaime Kurdapyo (as witness who was present before the
incident happen, for the purpose of establishing a fact that before the killing
happen, the victim and the accused started a heated discussion due to mockery of
 the victim’s physical condition and his impotency which resulted to insults and
humiliations on the part of the accused.)

COC: Any comment Prosecutor Mendoza?

PROSECUTOR: As to the purpose of markings, only ma’am.

JUDGE: How about your witnesses, do you have any witnesses to be presented?

PROSECUTOR: As to our witnesses, we have the victim’s wife, Luisa Juan, who was with him when the
crime was committed, and his neighbor in the name of Henry Santos (who saw the accused
running after committing the crime), the Dr. Ismael Samuel who performed the autopsy.

DEFENSE: For the defense, we would like to present the accused himself, James Charles, Dra.
Ramona Sebastian physician of the accused and Jaime Kurdapyo (as witness who was present
before the incident happen, for the purpose of establishing a fact that before the killing happen,
the victim and the accused started a heated discussion due to mockery of the victim’s physical
condition and his impotency which resulted to insults and humiliations on the part of the
accused.)

JUDGE: We will now proceed to the waiver of objections to the admissibility of evidence.

COC: Comment of the prosecution.

PROSUCUTOR: Your Honor, none.

COC: How about the defense?

DEFENSE: Your honor, we would like to manifest the police report submitted as evidence by the
prosecution is partly admitted.

JUDGE: Which one of the manifestations partly admitted?

DEFENSE: I mean your honor, as far as what is stated in the information the acts and facts do not
constitute the crime of murder.

JUDGE: (PRE-TRIAL ORDER)