Professional Documents
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Witnesses
a. For Prosecution:
1. Awing
2. Gresunes
b. For Defense:
1. Accused: Manit
2. Companion: Cruiz
Rapists:
Prosecution:
1. State Prosecutor Estimo (F1)
2. Private Prosecutor Niebres (P1)
Defense Counsel:
1. Gomez
2. Bayani
Judge: Mendoza
Clerk of Court: Lua
ENTRANCE
Judge: Appearances
PROSECUTION
F1: For the prosecution Your Honor, representing the People of the Philippines, I am Atty.
Andrew M. Estimo, Assistant Provincial Prosecutor
P1: For the prosecution Your honor, Atty. Ellen C. Niebres, acting as private prosecutor
DEFENSE:
Gomez: For the defense, YH, representing the accused. I am Atty. Greg Gomez, lead defense
counsel, and together with my co-counsels.
Bayani: I am Atty. Rachelle Bayani, YH, for the defense.
ARRAIGNMENT
Coc: You are the accused in Criminal Case Number 696969 entitled People of the Philippines versus
Mr. Lex Prospicit Manit and the Information charges you of the crime of Homicide committed as
followed:
“That on or about the 15th day of November 2000, in Brgy. Centro, Mandaue City, Cebu,
Philippines, the above-named accused [Mr. Lex Prospicit Manit], with intent to kill, did then and
there wilfully, unlawfully, and feloniously attack, assault, and employ personal violence upon
the person of one Bong Go, by then and there shooting him with a gun hitting him on the left
portion of his back, thereby inflicting upon him serious and mortal wound which was the direct
and immediate cause of his untimely death, to the damage and prejudice of the heirs of the
victim.
“Contrary to law.”
PRE-TRIAL
PLEA BARGAINING
DEFENSE: YHP, the defense does not also desire to enter to plea bargaining.
(Gomez)
Marking of Exhibits
EXH. A-1 The Signature of Dr. Dario L. Gajardo on the Medico Legal Report
EXH. A-2 The Cause of the Death indicated in the Medico Legal Report
The prosecution, YH, reserves its right to introduce submarkings to the pre-marked exhibits and
present other documentary evidence during the course of the trial, subject to further directions
and limitations that this Honorable Court may impose.
J: Alright, subject to the 3-day notice rule, otherwise the evidence shall not be considered by the
court…
DEFENSE:
(Gomez) With the permission of the Honorable Court.
YHP, the defense will present the following evidence and request that these be
marked as follows:
EXH. 1 SKETCH showing the relative distances and location of the main road Banlat
Road, Tandang Sora Street, and Melchora Aquino Street and showing the
description and distance of the house to the Banlat Road.
EXH. 2 MEDICAL CERTIFICATE of Accused issued by Vicente Soto Medical Center
The defense, YH, reserves its right to introduce submarkings to the pre-marked exhibits and
present other documentary evidence during the course of the trial, subject to further directions
and limitations that this Honorable Court may impose.
J: Alright, subject to the 3-day notice rule, otherwise the evidence shall not be
considered by the court…
Admissions/Stipulation of Facts
J: Any admission?
PROS.
(Estimo) YHP, the prosecution requests for the admission by the defense of the following documentary
exhibits already earlier pre-marked.
First, MEDICO LEGAL REPORT No. M-1827-00 and the truth of the finds and facts therein
stated to dispense with the necessity of presenting expert testimony on the matter. The Medico
Legal Report is pre-marked as Exh. A for the prosecution and we are now showing the accused
and furnishing the court.
PROS.
(Estimo)
Second, YHP, we would like to request for the admission by the defense of the Police Referral
Letter to the Mandaue City Asst. City Prosecutor’s Office consisting of 2 pages pre-marked as
Exhibits C and C-1, to dispense with the testimony of the police. We are also furnishing the
defense and the court of a copy.
DEFENSE:
(Gomez) We admit only the existence of the exhibits, YH, but not as to the entries and the truth of the
facts therein stated.
PROS.
(Estimo) We submit, YH.
YH, we also request for the admission by the defense of the jurisdiction of this Honorable Court
to hear and try this case.
Number of Witnesses
PROS.
(Estimo) The prosecution will present 2 witnesses, YH. First is Gong Go ( Awing), the brother of the
deceased victim, who will testify on the incidents attendant to the killing. Second is Mrs. Jessica
Go (Gresunes), the mother of the deceased victim, who will testify on the expenses incurred due
to the death of the victim.
The prosecution reserves its right to present other witnesses in the course of the trial, YH.
DEFENSE:
(Gomez) YHP, the defense will present 2 witnesses. First is the accused himself who will testify on his
own behalf and establish that he did not commit the offense charged in the information. Second
is Mr. Mario Cruiz (Cruiz) who will corroborate the testimony of the accused.
The accused, YH, reserves his right to present other witnesses in the course of the trial.
J: Subject to the issuance of the Pre-trial Order, the pre-trial of this case is hereby terminated. The
Trial is set on (kanusa man nahan ninyo guys?)
Coc: Please raise your right hand. Do you swear to tell the truth, the whole truth, the whole truth and
nothing but the truth in the testimony you are about to give?
Awing: Yes, I do.
Coc( Lua): Please state your name, age, address and other personal circumstances.
Awing: I am Gong Go, 28 years old, single, a construction worker and residing at No. 169 Banlat Road,
Tandang Sora, Mandaue City.
Atty. Estimo: YH, we are endorsing the prosecution of this case to the private prosecutor, Atty. Ellen Niebres.
Judge: Granted.
Niebres: Mr. Go, where were you on Nov. 15, 2000 at about 4 to 5 pm?
Awing (A) I was on my way home from Peter’s house.
N: While walking home, was there any unusual incident that happened, if any.
A: Yes mam.
N: What happened?
A: My brother was shot and because of that, he died.
ATTY. Niebres
YH, I just want to show that the witness recalls the event clearly.
Judge: _________
Ramon: (if judge sustains) Camel cigarette mam. (if judge overrules, balewala na)
N: What did you do when you saw him shooting his gun?
A: I ran mam.
N: Going back to the shooting, did you recognize the man who shot your brother?
A: Yes mam. It was Lex Prospicit Manit.
N: YH, may I request that the witness be allowed to point the person of Lex Prospicit Manit.
JUDGE: O.K.
N: Now, YH, I will show a document to the witness, which was premarked during the pre-trial as Exhibit B.
Can you please tell what this document is?
A: This is my written statement which I gave to the police on Nov. 27,2000.
N: YH, I will pinpoint to a signature which was also premarked as Exhibit B-1. Do you recognized the
signature?
A: Yes mam, it is my signature.
ATTY Bayani:
With your kind permission YH.
JUDGE:
Proceed.
B: Mr. Go, you answered during your direct examination that you recognized Max Salvador as the man
who shot your brother, is that correct?
A: Yes mam. It was Max Salvador.
B: You also mentioned that when the man began shooting at you and your brother, you ran away, is that
correct?
A: Yes mam.
B: Help me with this, Mr. Go. If you were running away, very very fast, during the shooting, how did you
recognize the shooter?
A: I got a glimpse of his face, mam.
B: You got a glimpse of his face. Just a glimpse? You did not clearly see his face?
ATTY Niebres:
Objection YH. It is misleading.
Judge: _________
(if judge sustains, ask the next question, if judge overrules, then Gong Go must answer.)
B: Do you Gong Go, other than being the accused of the one who shot your brother, know of Lex Prospicit?
A: Yes mam. He is our neighbor in Banlat Road.
B: Do you know any reason for Lex Prospicit to hurt you or your brother?
A: No mam.
B: Did Lex Prospicit Manit had any fight with you or your brother?
A: Not that I know of, mam.
B: Where were you when you ran away when the shooting began?
A: At Banlat Road.
B: How far is Banlat Road from the place where you saw the person firing the gun?
A: About 10 meters away.
ATTY. Niebres
Objection YH. It has already asked and answered.
Judge: (If he sustains, proceed to the next question. If he overrules, let Gong Go answer.)
A: Yes.
B: You mean to say that the person you saw firing the gun was also at Banlat Road.
A: Yes mam, but he came from his house. He was in his house when he began shooting us.
B: How many?
A: I don’t know how many mam.
B: Do you know any military men or police residing along Banlat Road.
ATTY. Niebres:
Objection YH. The question is immaterial.
ATTY. Bayani:
YH, I am trying to show that there is a big possibility that other residents of the area own and possess
guns that can be the shooter of the victim.
JUDGE:
(if he sustains, proceed to the next question. If he overrules, let Gong Go answer.)
Judge: The witness may now step down of the witness stand. Is the second witness for the prosecution
available?
Atty. Estimo: Yes YH. May we call on Gong Go (Awing), Your Honor.
Coc: Please raise your right hand. Do you swear to tell the truth, the whole truth, the whole truth and
nothing but the truth in the testimony you are about to give?
Awing: Yes, I do.
Coc( Lua): Please state your name, age, address and other personal circumstances.
Gresunes (G): I am Jessica Go, 55 years old, single, a High School Teacher and residing at No. 169 Banlat
Road, Tandang Sora, Mandaue City.
Estimo: YH, we are offering the testimony of the witness to prove the fact of death of the victim Mr.
Bong Go and the expenses incurred by the family related to the burial ..
E. I am showing to you a list, go over this and tell the Honorable Court if this is the list you prepared?
A Yes sir, this is the list.
E: Did you contact a funeral parlor to take care of your son’s burial?
A: Yes, sir.
E: Do you have any proof that you entered into a contract with a funeral parlor for your son’s burial?
A: Yes, sir.
E: I am showing to you this document, please tell this Honorable Court what this document is all about.
A: This is the contract with the funeral parlor.
E: You said your son died, do you have any proof that your son died?
A: There is a death certificate.
Q: I am showing to you this document, please tell his honorable court if this is the death certificate of your
son.
A: Yes sir, this is the one.
ATTY. ESTIMO:
May we request that this be marked as exhibit F.
E: You said your son was working at the time of his death?
A: Yes, sir.
JUDGE Cross?
Cross Examination - Rosita Perez.
ATTY. GOMEZ
At the time of your son’s death, what was his educational attainment?
A: Elementary, sir
G: You prepared this document marked as exhibit D and identified as your list of expenses, am I correct?
A: Yes, sir.
ATTY. GOMEZ :
That is all your Honor.
EXH. A-1 The Signature of Dr. Dario L. Gajardo on the Medic Legal Report
EXH. A-2 The Cause of the Death indicated in the Medico Legal Report
Exhibits A, A-1, and A-2, YH, are being offered in evidence to prove the fact and cause
of death of the victim in this criminal case, YH, which have been duly admitted by the defense
during the pre-trial together with the admission of the genuineness and due execution of Exhibit
A, YH.
Exhibits B and B-1, YH, are being offered in evidence to prove the investigation made
by the police of the crime and in support of the testimony of the witness during the trial in
connection with the circumstances of the crime.
EXH. C. Page 1 of the LETTER OF REFERRAL to the Police with
the Mandue City Prosecutor’s Office
Exhibits D and E, YH, are being offered in evidence to prove the total expenses incurred
by the family of the victim in connection with the interment and burial of the deceased.
Exhibit F is being offered in evidence to prove the fact of death of the victim, YH.
That is all for the prosecution, YH. The prosecution now rests its case.
============ Actually pwede na gani na diri ra ta taman.. but if ganahan jud mo magdugay.. pwede
padayo nsa defense na evidence)