RA 9262 MOCK Trial Script PDF

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RA 9262 MOCK TRIAL SCRIPT( Spotlight : COURT INTERPRETER MR. JERU SAGAOINIT)IntroductionNARRATOR:Good evening to everyone! Before we begin tonight’s prconvey our sincerest gratitude to our beloved professor Judgesentation our group would like to e Caridad V. Galvez for her unyielding patience and de...

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RA 9262 MOCK TRIAL SCRIPT (Spotlight : COURT INTERPRETER MR. JERU SAGAOINIT)

Introduction NARRATOR: Good evening to everyone! Before we begin tonight’s presentation our group would like to convey our sincerest gratitude to our beloved professor Judge Caridad V. Galvez for her unyielding patience and deep understanding in guiding us through the rigors of Remedial Law.

NARRATOR: Tonight, we are presenting the case of the People of the Philippines v Kenneth Crisostomo, the case stems from a violation of Section 5 paragraph (i) of Republic Act No. 9262 otherwise known as the Anti-Violence against Women and Their Children Act of 2004.

CAST Jason Robinos -------------- as JUDGE Jeru Sagaoinit --------------- as COURT INTERPRETER/ NARRATOR Jessa Tadeo -------------------- as PROSECUTOR Jeffrey Valenzuela ------------- as DEFENSE COUNSEL Elisa Crisostomo----------------- as COMPLAINANT Elisa Crisostomo Kenneth Vinluan ------------------ as ACCUSED Kenneth Crisostomo Maryl Joy Villacorta -------------- as WITNESS 2 Maryl Joy Crisostomo-Villacorta John Paul Versoza ----------------- as WITNESS 3 Dr. John Paul Versoza

Part I - Antecedent events (Information, TPO) The antecedent facts of the case are as follows, Kenneth Crisostomo, herein accused, was previously in a common-law relationship with Elisa Crisostomo. From their relationship bore four children.

Sometime in early 2005, Kenneth Crisostomo married Marilou Osias Ramboanga and deprived Elisa Crisostomo and their children of financial support. Subsequently, in the year 2006 a case was filed by Elisa Crisostomo against Kenneth Crisostomo for violation of R.A. No. 9262. On March 12, 2007, a Temporary Protection Order (TPO) was issued by the RTC directing Kenneth Crisostomo to provide monthly financial support to Elisa Crisostomo and their children. The TPO became permanent on October 28, 2008.

(Pin COURT INTERPRETER AND JUDGE)

Part II - Arraignment COURT INTERPRETER: All rise, the court is now in session the Honorable Judge Jason Robinos, presiding judge. JUDGE: (Gavel bang!)….

Let us pray the ecu me ni cal prayer of the court.

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.

JUDGE: Call the cases.

(Pin PROSECUTOR AND DEFENSE)

COURT INTERPRETER: For arraignment: Criminal Case No. 14344-D People of the Philippines v. Kenneth Crisostomo for violation of Republic Act No. 9262.

COURT INTERPRETER: Appearance for prosecution and the defense.

PROS. TADEO: Your honor, I am Prosecutor Jessa Tadeo appearing as Public Prosecutor for the government.

ATTY. VALENZUELA: Your honor, I am Atty. Jeffrey Valenzuela entering my appearance as counsel for the accused.

(Unpin PROSECUTOR AND DEFENSE)

JUDGE: Is the accused around?

COURT INTERPRETER: Yes your honor. Please approach the bench.

(Pin ACCUSED Mr. KENNETH)

JUDGE: Arraign the accused.

COURT INTERPRETER: English or Filipino?

ACCUSED: English sir.

COURT INTERPRETER: Criminal Case No. 14344-D People of the Philippines v. Crisostomo That on or about July 15, 2005, in Quezon City within the jurisdiction of the Honorable Court, accused KENNETH CRISOSTOMO, knowingly and willfully did not give monthly financial support to ELISA CRISOSTOMO and his children in Violation of Section 5 (i) of Republic Act No. 9262 thereby, causing mental or emotional anguish to private complainant ELISA CRISOSTOMO. Contrary to law.

JUDGE: Mr. Crisostomo, 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.

(Unpin ACCUSED MR. KENNETH)

JUDGE: Let it be on the record that the accused pleaded not guilty for the violation of Republic Act No. 9262 (Anti-violence Against Women and their Children Act of 2004).

PROS. TADEO: Your honor, we would like to set the case for pre-trial on October 26, 2008.

JUDGE: Are you amenable with the schedule defense counsel?

ATTY. VALENZUELA: Yes, your honor.

JUDGE: Ok. Set the pre-trial of the case on October 26, 2008.

JUDGE: Order! In today’s arraignment, accused Kenneth Crisostomo pleaded not guilty to the

information, that was read to him in a language known and understood by him,.... assisted by his counsel Atty. Jeff Valenzuela. As prayed for,..... the case is set for pre-trial on October 26, 2008. The opposing counsels are notified in open court. So ordered.

NARRATOR: Pre-Trial ensued, marking the exhibits for the prosecution, as Exhibits A to F with submarkings, which are the Marriage Certificate, Birth Certificate, Statement of Accounts, Prescription and Receipts of payment for medicine respectively and the witnesses for the prosecution are Elisa Crisostomo, Maryl Crisostomo, and Dr. John Paul Versoza as witnesses. The accused adopted the Marriage Certificate presented by the prosecution and also presented his Birth Certificate as Exhibits 1 and 2 and the accused himself as the lone witness.

(Pin COURT INTERPRETER and JUDGE and PROSECUTOR and DEFENSE)

Part III – Trial COURT INTERPRETER: Please rise. The court is now in session, the Honorable Judge presiding. Judge: (Gavel bang!)………..

COURT INTERPRETER:

Case Number 1, People of the Philippines Vs. Kenneth Crisostomo

JUDGE: Is the prosecution ready?

PROS. TADEO: For the government, Your Honor. Ready.

JUDGE: Is the defense ready?

ATTY. VALENZUELA: Same appearance for the accused, Your Honor. Ready, Your Honor.

JUDGE: Call your witness.

(Unpin DEFENSE ATTY.,

PIN ELISA WITNESS 1 /COMPLAINANT)

PROS. TADEO: May we call to the witness stand Elisa Crisostomo. May we pray for the exclusion of the public, Your Honor.

JUDGE: Granted. Everyone who is not part of the trial will be directed to go out of the courtroom. Swear in the witness.

COURT INTERPRETER: Q Please raise your right hand. Do you swear to tell the truth and nothing but the truth in this Court? A

Yes, sir.

Q

Please tell your name, age and other personal circumstances.

A

My name is Elisa Crisostomo, 64 years old, married, living in Quezon City, housewife.

PROS. TADEO: Your Honor, we are offering the testimony of this witness in order to prove the material allegations charged against the accused; she will testify to the fact that she is the wife of the accused; that they were married on May 15, 1969; that 4 children were born out of their union; she will also identify the accused, identify pertinent documents and to testify on other related matters. May I proceed?

JUDGE: Proceed.

Still under PIN PROSECUTOR TADEO and ELISA CRISOSTOMO

DIRECT EXAMINATION OF ELISA CRISOSTOMO BY THE PROSECUTION Q

Are you the same Elisa Crisostomo, the private complainant in this case?

A

Yes, ma’am.

Q

Do you know Mr. Kenneth Crisostomo, the accused in this case?

A

Yes, ma’am.

Q

Why do you know him?

A

He is my husband, ma’am.

Q

When did you get married?

A

May 15, 1969 as stated in our marriage certificate, ma’am.

Q I am showing to you this document previously marked as Exhibit A. Please go over this document and tell this Honorable Court if this is the marriage certificate you are referring to. A

Yes, this document is our marriage certificate.

PROS. TADEO We are adopting Your Honor the markings of this exhibit marked during the pre-trial conference for the marriage certificate to be marked as our Exhibit A for the prosecution.

Q

There is a signature above the name of Kenneth Crisostomo, is that his signature?

A

Yes, ma’am.

Q

How did you know that it is his signature?

A I saw him sign it, Ma’am. I am also familiar with his signature because we lived together for a long time.

PROS. TADEO We also pray that the signature be marked as our Exhibit A - 1.

Q

How many children do you have with the accused, if any?

A 4 children were born out of our union, of whom only 3 are living, and who are all now of legal age.

Q

What are the names of your children?

A Maryl-Joy Crisostomo, Bea Crisostomo. Chona Crisostomo. Diane Crisostomo. The one who has already passed away is Diane.

Q

Do you have proof to show that indeed they are your children?

A

Yes madam, I have submitted to this court their birth certificates.

Q Showing to you these birth certificates as part of the records of this case, are these the birth certificates you are referring to? A

Yes, madam.

PROS. TADEO We adopt Your Honor the markings on the birth certificates submitted during the pre-trial conference as Exhibit B-1 CLB of Maryl-Joy Crisostomo, the CLB of Bea Crisostomo to be marked as Exhibit B-2, the CLB of Chona Crisostomo to be marked as Exhibit B-3, and the CLB of Diane Crisostomo to be marked as Exhibit B-4. JUDGE: Mark them.

Q

What is the occupation of your husband?

A He used to render military service as a Philippine Air Force pilot and then later on, he worked as a commercial pilot for the Philippine Airlines.

Q

How often does your husband come home?

A

Once every two months, for two weeks at a time.

Q

Is this because of his work?

A

Yes, he is always on flight in long intervals.

Q

When was the last time he went home?

A

November 2004.

Q

Has he not come home since then?

A

Yes.

Q

Did you look for him?

A

Yes, but to no avail.

Q

What else did you do?

A

I also called him on his telephone number but he ignored my calls.

Q Ever since Mr. Crisostomo stopped going home and ignored your calls, were you able to get any information about his whereabouts? A

Yes, ma’am, from his colleagues in PAL.

Q

What have you found out about him?

A That some time in February 2005, he married one Marilou Osias Ramboanga in Paranaque.

Q

What did you do after you learned that your husband has a second wife?

A I verified it. I went to the local civil registrar in Paranaque and asked for a marriage certificate of Kenneth Crisostomo. The LCR gave me a marriage certificate of Kenneth Crisostomo married to Marilou Osias Ramboanga.

Q

Is this the marriage certificate you are referring to?

A

Yes.

PROS. TADEO: For the record Your Honor, the complainant identified the marriage certificate previously marked as Exhibit C.

Q There is a signature above the name of Kenneth Crisostomo. Is that the signature of your husband?

A

Yes, ma’am.

Q

How did you know that it was his signature?

A

The signature that appeared therein is his signature because I am familiar with it.

PROS. TADEO: May we respectfully request the signature of Kenneth Crisostomo appearing on Exhibit C be bracketed and marked as Exhibit C-1.

JUDGE: Mark it.

Q

After verifying that your husband entered into a second marriage, what did you do next?

A

I filed a bigamy case against my husband.

Q

When did you file the bigamy case?

A

Around June 2005.

Q

Do you have proof to show that you filed the complaint?

A I have here a certified true copy of the complaint that I filed, issued by the Branch Clerk of Court of Branch 10-FC Paranaque City.

JUDGE:

Is the bigamy case still pending?

A:

Yes, Your Honor.

JUDGE:

Proceed.

Q

What happened after you filed the bigamy case?

A

My husband stopped giving support.

Q

What is your proof?

A In our Statement of Accounts from our joint bank account, you can see that the deposits ceased in July 2005.

JUDGE: Madame Witness clarification. Did the monthly support from your husband continue even though he stopped coming into your home and has cut all communications with you? A:

Yes, your honor.

JUDGE:

Proceed.

Q

Are these the Statement of Accounts you are referring to?

A

Yes maam.

PROS. TADEO: For the record, the complainant identified the Statement of Accounts previously marked as Exhibit D. May we request that the point where the deposits ceased be bracketed and marked as Exhibit D-1.

JUDGE: Yes, mark it.

Q

How much is his regular salary?

A

$2,500 per month maam.

Q

Do you have proof that he was indeed giving you and your children financial support?

A

Yes maam.

Q

What is your proof?

A

It is in the SOA referred to earlier maam.

PROS. TADEO: It is respectfully requested that the amount of salary received by Mr. Crisostomo as appearing in Exhibit D be bracketed and marked as Exhibit D-2.

JUDGE: Mark it.

Q

You said that he is supporting you and your children financially, by how much?

A

Ten to twenty thousand pesos per month, ma’am.

Q

What is your proof?

A

The Statement of Accounts we referred to earlier maam.

PROS. TADEO: May we also pray that the amount of deposits and remittances be bracketed and marked as Exhibit D-3.

JUDGE: Mark it.

Q What did you do when he stopped giving you and your children financial support in July 2005? A

I called him, ma’am.

Q

What happened when you called him?

A

He did not answer the phone.

Q Did you try to contact his colleagues at work regarding the whereabouts of your husband? A

Yes, ma’am.

Q

What did they say?

DEFENSE:

Objection, Your Honor.

JUDGE:

What is the ground for your objection?

DEFENSE:

The question is immaterial.

JUDGE:

Objection overruled. Witness may answer.

A:

They also did not answer my calls.

Q: How do you allocate your monthly support before Mr. Crisostomo stopped giving support? A We spent it para sa pagkain, sa kuryente, sa water bills, sa telepono, at sa maintenance at regular check ups ko.

COURT INTERPRETER: We spent it for food, electric bills, water bills, telephone bills, and for my maintenance medicine and my regular check ups.

Q

Why are you taking maintenance medicines and regular check-ups?

A

I have diabetes according to my doctor.

Q

What did your doctor prescribe?

A I had to take maintenance medicines and regular check ups to keep my diabetes controlled.

Q You mentioned, madam witness, that you had to take medicines and checkups for your diabetes. What kind of medicines are these? A

I have here my prescription from my doctor, and my receipts from the drugstore.

PROS. TADEO: May we pray that the prescription and receipts be marked as Exhibit E, and E-1 to E-20 respectively.

JUDGE: Mark the exhibits.

PROS. TADEO: And Your Honor, may we manifest that the physician who made the prescription is present in court to be presented later as a prosecution witness.

JUDGE: Manifestation noted.

Q

Were you able to follow the prescription?

A

Yes, when we were receiving monthly support.

Q

And how about when the monthly support stopped?

A

My medicine intake became irregular kasi nauubos na yung pera namin. Huhu

COURT INTERPRETER: My medicine intake became irregular because we don’t have enough budget. Huhu PROS. TADEO: May we manifest that the witness is crying.

Q How did you feel upon knowing that your husband can no longer be reached and your health is deteriorating? A I felt emotional and mental anguish. I felt that I was abandoned without good reason. Huhu

Q

What did you do after that?

A Some weeks later, I filed the present VAWC case against him for his failure to provide me and my children monthly financial support.

PROS. TADEO: No further questions, Your Honor.

JUDGE: Cross-examination Atty. Valenzuela? (Unpin PROSECUTOR and pin DEFENSE ATTY.)

ATTY. VALENZUELA: Yes, Your Honor.

JUDGE: Proceed.

PIN Atty. VALENZUELA, PIN Witness ELISA CRISOSTOMO

CROSS EXAMINATION OF ELISA CRISOSTOMO BY THE DEFENSE Q: Madam witness, you said in your testimony that Mr. Crisostomo rendered service in the military as an airforce pilot, is that correct? A:

Yes.

Q: And after his stint as an airforce pilot, he became a commercial pilot for the Philippine Airlines, is that correct? A:

Yes.

Q: And you also said that due to the nature of his work, he is rarely at home, is that correct Madam witness? A:

Yes.

Q:

When were you married with Mr. Crisostomo, Madam witness?

A:

According to our marriage certificate, we were married on May 15, 1969.

Q: On or around May 15, 1969, was Mr. Crisostomo already rendering service as an airforce pilot? A: Yes.

Q: So for Mr. Crisostomo to attend your wedding and consummate your marriage, did he take a leave of absence from his job? A:

Yes, he was on leave for two months.

Q:

Do you have proof?

PROS. TADEO: examination.

Objection, Your Honor, thethat was not taken up during the direct

JUDGE:

Overruled. The witness may answer.

A:

I don’t have proof.

Q: You also said that Mr. Crisostomo stopped going home in November 2004, is that correct? A:

Yes.

Q:

Then, in June 2005, you learned that he was already married to another?

A:

Yes.

Q:

And that marriage, according to your knowledge, was in February 2005?

A:

Yes.

Q: Then, later in June 2005, you filed a bigamy case against Mr. Crisosto...