MOCK - Trial - Violation OF RA 9165 arraignment-script PDF

Preview

Summary

ARRAIGNMENTJUDGE : RAPHAELA DIONNE R. CANACLERK OF COURT : CRISTINE J. CARALDECOURT INTERPRETER: KIN R. ABUZOCOURT STENOGRAPHER : JULIUS T. DOYDORAPUBLIC PROSECUTOR : ATTY. MOMAR MANDAHINOGDEFENSE COUNSEL : ATTY. RAM CHRISTIAN DALITACCUSED : EDWARD Alias”Mamintikay” MONTILLERO KELT Alias”Mamikturay”...

Description

ARRAIGNMENT JUDGE : CLERK OF COURT COURT INTERPRETER : COURT STENOGRAPHER PUBLIC PROSECUTOR DEFENSE COUNSEL ACCUSED : MONTILLERO

RAPHAELA DIONNE R. CANA : CRISTINE J. CARALDE KIN R. ABUZO : JULIUS T. DOYDORA : ATTY. MOMAR MANDAHINOG : ATTY. RAM CHRISTIAN DALIT EDWARD Alias”Mamintikay” KELT Alias”Mamikturay” OLILA

PRE-TRIAL CONFERENCE JUDGE: JO-AN C. PABLO CLERK OF COURT: COURT INTERPRETER: COURT STENOGRAPHER: PUBLIC PROSECUTORS: 1. Atty. Kenneth de Guzman 2. Atty. Joselito Pascua DEFENSE COUNSELS: 1. Atty. Noel Alarcon 2. Atty. Kristian Villanueva

CRIMINAL CASE NO. 2017-111123 PEOPLE OF THE PHILIPPINES V. NOEL CRUZ ALARCON Clerk of Court: All rise! The Court is now in session, silence is hereby enjoined. Honorable Judge JO-AN C. PABLO, presiding. Let’s pray. Almighty God, we stand in Your Holy Presence as our Supreme Judge. We humbly beseech You to 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 cases. ARRAIGNMENT Clerk of Court: For arraignment, Criminal Case No. 2017-111123 People of the Philippines v. Noel Cruz Alarcon for violation of Section 11, Article II of Republic Act 9165, Possession of Dangerous Drugs. Clerk of Court: Appearance for Prosecution and the Defense. ATTY. MANDAHINOG: Your honor, I am Atty. Ivan Sandoval, appearing as a public prosecutor.

ATTY. DALIT: Your honor, I am Atty. Paul Ronald Dagdagan, defense counsel for the accused. Judge: Is the accused around? Court Interpreter: Yes your honor. Please approach the bench. Judge: Arraign the accused. Clerk of Court: What language/dialect do you understand? Accused: English Accused: Yes, I do. Court Interpreter: Criminal case No. 2017-111123. People of the Philippines vs. Noel Cruz Alarcon Accused Noel Cruz Alarcon commits a crime for violation of Section 11, Article II of R.A. 9165, possession of Dangerous Drugs. That on 14th May of 2017, in the City of Manila, Philippines, and within the jurisdiction of this Honorable Court, the accused, without authority of law, did then and there willfully, unlawfully and feloniously have in possession, custody and control Methamphetamine Hydrochloride (Shabu) weighing 3.0 grams, knowing that same to be dangerous drug under the provisions of the above-cited law. Contrary to law. Judge: Do you understand the crime charged against you? Accused: Yes, your honor. Court Interpreter: What is your plea? Accused: Not guilty, your honor. Court Interpreter: The accused pleaded not guilty your honor. Judge: Let it be on the record that the accused pleaded not guilty for the crime of possession of Dangerous Drugs, pursuant to Section 11, Article II of R.A. 9165. The information was read to him in English, a language known and understood by the accused. Also, Atty. Paul Ronald Dagdagan, the defense counsel of the accused assisted him in this arraignment. Ivan: Your honor, we would like to set the case for pre-trial on July 27, 2017. Judge: Are you amenable with the schedule defense counsel? Paul: Yes your honor.

Judge: Ok set the pre-trial of the case on July 27, 2017. We only have one case for today? Court Stenographer: Yes, your honor. Judge: In today’s trial, the arraignment of Noel Cruz Alarcon (accused) in Criminal Case No. 2017-111123 is conducted. The information is read to him in English a language known and understood by him. Defense counsel Atty. Paul Ronald Dagdagan assisted the accused. The accused pleaded not guilty for the crime charged against him. No objections both for prosecution and defense, the case is set for pre-trial on July 27, 2017. Notify the parties thereto. So ordered.

PRE-TRIAL CONFERENCE

Clerk of Court: Criminal Case No. 2017-111123 People of the Philippines v. Noel Cruz Alarcon for violation of Section 11, Article II of Republic Act 9165, Possession of Dangerous Drugs, for pre-trial conference. Judge: Appearances? Kenneth: For the prosecution, Your Honor, representing the People of the Philippines: I am Atty. Joselito Pascua, Assistant City Prosecutor I am Atty. Kenneth de Guzman, Assistant City Prosecutor and we are ready. Noel: Good afternoon Your Honor, for the defense, representing the accused, I am (New name), defense counsel and I am Atty. Kristian Villanueva, Your Honor, for the defense and we are ready. Judge: Are parties willing to agree to enter into a plea-bargaining? Kenneth: Your Honor Please, the prosecution does not desire to enter into plea-bargaining Noel: Your Honor Please, the defense does not also desire to enter plea bargaining. Judge: Alright, mark your exhibits Joselito: With the permission of this Honorable Court. Your Honor Please, the prosecution will present the following documentary evidence and mark as prosecution’s exhibits: [marking] Kenneth: The prosecution, Your Honor, 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. Judge: Alright, subject to the 3-day notice rule, otherwise the evidence shall not be considered by this court. How about the defense? Mark your exhibits. Noel: With the permission of the Honorable Court. Your Honor Please, the defense will present the following evidence and request that these be marked as follows: [marking] Kristian: The defense, Your Honor, 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 Judge: recognized, subject to the 3-day notice rule, otherwise the evidence shall not be considered by the Court. Any admission? Joselito: Yes Your Honor, the prosecution requests for the admission by the defense of the jurisdiction of the Honorable Court and try this case. Noel: We admit, Your Honor. Joselito: Second, the identity of the one charged in the information and that of the person arraigned is one and the same. Noel: We admit, Your Honor. Joselito: Lastly, the date and place of the commission of the crime. Noel: We admit your Honor. Joselito: No further request for admission, Your Honor. Thank you. Judge: Alright. Any objection from prosecution counsels? Kristian: No objection for the meantime, Your Honor. Judge: Okay. Kristian: With the permission of the Honorable Court. Your Honor Please, the defense requests for the admission by the prosecution of the following exhibits already earlier pre-marked. FIRST, CHEMISTRY REPORT NO. D-100-1, the genuineness and due execution of the said PNP Crime Laboratory result issued by the National Crime Laboratory, Camp Crame and the truth and findings of facts therein stated to dispense with the necessity of presenting expert testimony on the matter. The Crime Laboratory result of the items confiscated from the accused is pre-marked as Exh. ___ for the defense and we are showing the prosecution and court a copy of it....