Toaz murder case trial mock script from PDF

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SCRIPT Frustrated Murder People vs. Benedito CHARACTERS: Hyacinth Santilices – Prosecution Counsel Efren Fagtanac – Prosecution Counsel Jedamica Mae Delos Santos – Complainant Jim Dorozan – Boyfriend of the Complainant (Prosecution Witness) Dr. Dingle – Expert Witness Ronilo Subaan – Defense Counsel Rabino – Defense Counsel Marielle Benedito - Accused Dr. Cherie Naomi Garcia – Expert Witness Phoelvie Tulio – Officemate of Complainant (Defense Witness) Gillian Torlao – Judge Ma. Fatima Lim – Court Clerk Jay-r Berida – Court Stenographer Aquino, Mark - Narrator ____________________________________________________________________________________________________________ Narrator: Greetings Everyone! My name is Mark Aquino, the narrator of this group. We are happy that all of us gathered here. We would like to take this opportunity to thank everyone who take part of our Mock trial especially to our Professor, Mr. Antonio Torres who taught us what we need to learn in case we testify in the near future, to other professors who are present today, for giving us additional knowledge on the related subjects and for supporting us. Lastly to our classmates and casts who made this Mock trial possible. Before we start I would like to introduce our casts…. Narrator: Today, we are presenting our case: CRIMINAL CASE NO. 24689 PEOPLE OF THE PHILIPPINES V. MARIELLE BENEDITO. This is the short storyline, Ms. Marielle and Ms. Jedamica are bestfriends and they were living in a same apartment. Ms. Benedito (the accused) is madly inlove with Jim Dorozan which is Ms. Delos Santos’ fiancée. Because of that Ms. Marielle developed extreme jealousy towards Ms. Jedamica which made her wanting to kill her by poisoning. You will witness how both parties defend their stand and see what will be the verdict. Is it conviction or acquittal? On the first part, of our mock trial shows the Arraignment and Plea of the accused. MOCK TRIAL SCRIPT Arraignment CRIMINAL CASE NO. 24689 PEOPLE OF THE PHILIPPINES V. MARIELLE BENEDITO Clerk of Court: This honorable court of the Regional Trial Court Branch 130 with the Honorable Judge Gillian Torlao is now in session. All rise. 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. Call the cases. Clerk of Court: For arraignment, Criminal Case No. 24689 People of the Philippines v. Benedito for the crime of Frustrated Murder. Appearance for prosecution and the defense counsel. Prosecution Attorney: Your honor, I am Atty. Hyacinth Santilices (and atty. Efren Fagtanac) appearing as a prosecutor under the direct control and supervision of the public prosecutor. Judge: Is the accused around? Clerk of Court: Yes your honor. Please approach the bench. Judge: Do you have a lawyer or do you want the court to appoint a lawyer? Defendant: I do not have a lawyer. Judge: Atty. Ronilo Subaan and Atty. Rabino will be appointed as the lawyer for the accused. Atty. Ronilo Subaan and Atty. Rabino: Yes your honor. Judge: Arraign the accused. Clerk of court: Criminal case No. 24689. People of the Philippines vs. Benedito. On September 17, 2017, at about 6 PM, Ms. Delos Santos (the victim) with her fiancée Jim Dorozan was conducting a party as celebration for their engagement in the apartment. On the said party, Ms. Delos Santos lost consciousness and taken to the hospital. The

findings of the doctor said Ms. Delos Santos ingested a cyanide-contained-substance a kind poison. According to Ms. Delos Santos she ingested the grape juice and coffee given by Ms. Benedito during the day which was said that contained the poison. Judge: Do you understand the crime charged against you? Accused: Yes, your honor. Clerk of Court: What is your plea? Accused: Not guilty, your honor. Clerk of Court: The accused pleaded not guilty your honor. Judge: Let it be on the record that the accused pleaded not guilty for the crime of frustrated murder. The information was read to him in English, a language known and understood by the accused. Also, Atty. Subaan the defense counsel of the accused assisted him in this arraignment. Atty. Santilices: Your honor, we would like to set the case for trial on October 19, 2017. Judge: Are you amenable with the schedule defense counsel? Defense Counsel: Yes your honor. Judge: Ok set the trial of the case on October 19, 2017. We only have one case for today? Court Stenographer: Yes, your honor. Judge: In today’s trial, the arraignment of Benedito in Criminal Case No. 24689 is conducted. The information is read to him in English a language known and understood by him. Defense counsel Atty. Ronilo Subaan and Atty. Rabino assisted the accused. The accused pleaded not guilty for the crime charged against her. No objections both for prosecution and defense, the case is set for trial on October 19, 2017. Notify the parties thereto. So ordered. PROSECUTION TRIAL Clerk of Court: Please rise. The Regional Trial Court, Branch 130, is now in session, the Honorable Judge Gillian Torlao presiding. Judge: Members of the prosecution, your duty today will be to determine whether the defendant is guilty or not guilty based only on facts and evidence provided in this case. The prosecution must prove that a crime was committed and that the defendant is the person who committed the crime. However, if you are not satisfied of the defendant’s guilt to that extent, then reasonable doubt exists and the defendant must be found not guilty. Ms. Ma. Fatima Lim, what is today’s case? Clerk of Court: Your Honor, today’s case is the Criminal Case No. 24689 People of the Philippines versus Benedito. Judge: Is the prosecution ready? Prosecuting Attorneys: (stand up) Yes, Your Honor. (Be seated) Judge: Is the defense ready? Defense Attorneys: (stand up) Yes, Your Honor. (Be seated). Judge: We will now hear the opening statements from the prosecution. Prosecutor Hyacinth Santilices please state your case. Prosecutor: Thank you, your honor. Ladies and gentlemen, My name is Atty. Hyacinth P. Santilices and my assistant Atty. Efren Fagtanac . On behalf of our State, We want to thank you for being here today. Under our criminal justice system, citizens charged with certain crimes are entitled to have their case heard by a jury of their peers – people just like you. We are all grateful that you recognize your civic duty and are willing to set aside you personal priorities to be here. As you have heard, the defendant has been charged with the crime of frustrated murder. On September 17, 2017, at about 6 PM, Ms. Delos Santos (the victim) with her fiancée Jim Dorozan was conducting a party as celebration for their engagement in the apartment. On the said party, Ms. Delos Santos lost consciousness and taken to the hospital. The findings of the doctor said Ms. Delos Santos ingested a cyanide-contained-substance a kind poison. According to Ms. Delos Santos she ingested the grape juice and coffee given by Ms.

Benedito during the day which was said that contained the poison. And while the defense will try to convince you that the defendant did not know the poison contained in the beverage, the State will provide convincing arguments that he/she not only knew the poison but also it was also given to Ms. Delos Santos and intentionally and with strong motive to kill her. Thank you. Judge: Defense attorney, would you wish to state your case. Defense Lawyer: Your Honor, I am Atty. Ronilo Subaan and my assistant Atty. Rabino, We too would like to thank you for being here today. Let me start with a very simple statement; under the law my client is presumed innocent until proven guilty. My clients have no knowledge regarding the beverage that contained the poison. We will show later on our evidence that Ms. Delos Santos was attempting to commit suicide since she has depression from the tragic she had in the past and having the hard time to get over with it. With this, my client is innocent. As the State’s Attorney mentioned, please keep in mind that the burden of proof falls on the State. If at the end of the trial you have any reasonable doubt in the State’s case, then you should find my client is not guilty. Thank you.

Direct Examination of Jedamica Mae Delos Santos by Prosecutor Efren Fagtanac JUDGE: Call your witness to the witness stand. PROSECUTOR FAGTANAC: May I call on Jedamica Mae Delos Santos. JUDGE: Swear in the witness. COURT CLERK: Do you swear to tell the truth, all the truth and nothing but the truth in this case? WITNESS: Yes, sir. JUDGE: Please state your name and other personal circumstances. WITNESS: Jedamica Mae Delos Santos, 28 years of age, single, a Certified Public Accountant of the Accounting Division of Nestle Philippines and a resident of Unit 143 Astral Apartment Padre Faura St. Ermita, Manila. JUDGE: Your witness. PROSECUTOR FAGTANAC: The witness is being presented to testify on the fact that the accused bought the rat killer and that the substance that poisoned her was from the grapefruit juice which the accused prepared. May we proceed Your Honor? JUDGE: Proceed. Q: Jedamica Mae Delos Santos, will you please tell on this Honorable court where you were on September 17, 2017 at around 8 o’clock in the morning? A: I was in our apartment at Unit 143 Astral Apartment Padre Faura St. Ermita, Manila. Q: Who lives in that apartment? A: I and my best friend, Marielle Benedito. Q: Who was with you at that particular time of the day? A: I was alone because I did not report for work to prepare for my engagement party. Q: How did you prepare for the party? A: I decided to clean the house. Q: And what particular areas of the house did you clean? A: I cleaned the living room and the CR first. Then I cleaned the dirty kitchen. Because I remembered Marielle said something like “Dumadami na yung mga rodents sa dirty kitchen.” Q: The last place you cleaned was the dirty kitchen? A: Yes, Your Honor. Q: What did you do in order to solve the problem on the rats? A: I used a rat killer, Your Honor. Q: Who bought the rat killer? A: Marielle bought it because she told me that she noticed that there were rats in the place. Q: Have you actually seen any rats in your place?

A: No. Actually, it made me wonder… I just relied on the word of Marielle. Besides, in our lease agreement, there was a stipulation that it shall be the owner’s responsibility to conduct quarterly pest control measures. 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 lease agreement you are referring to. A: Yes, this document is the lease agreement. Q: Whose signature is this above the printed name Jedamica Mae Delos Santos which is appearing on page 2 of this contract of lease? A: My signature, sir. Q: And this signature belongs to whom? (PROSECUTOR FAGTANAC pointing at the right portion of the document) A: Our lessor, Mr. Bembo Bonapos. PROSECUTOR FAGTANAC: Which for purposes of identification, Your Honor, I would like to request the marking of the signature appearing above the printed name of Jedamica Mae Delos Santos as Exhibit A-1. JUDGE: Mark it. PROSECUTOR FAGTANAC: And the signature appearing above the printed name of Bembo Bonapos as the lessor be marked as Exhibit A-2. JUDGE: Mark it. PROSECUTOR FAGTANAC: We would also like to request for the marking of stipulation no.8 in this lease agreement as Exhibit A-3. JUDGE: Mark it. Q: Was there consistent compliance by the owner? A: Yes. Q: What happened next? A: After cleaning, I rested because I got tired. I remembered that before Marielle left that morning for work, she told me not to forget to drink the grapefruit juice she prepared for me. Q: Where did you find the grapefruit juice? A: Inside the ref. Q: If that pitcher containing the grapefruit juice will be shown to you, will you be able to recognize it? (lawyer takes the pitcher showing it to the victim) A: Yes, that’s the one. PROSECUTOR FAGTANAC: For the record, the pitcher, previously marked as Exhibit B was recognized by the victim as the pitcher containing the grapefruit juice prepared by the accused for the complainant. Q: When did you drink the said beverage? A: Before I went to Starbucks. Q: How many glasses were you able to drink? A: I drank about 2 glasses.

Q: Can you estimate the amount of juice you drank? A: A glass would contain about 300-350 mL of liquid. So, that would make about 600-700 mL. Q: What else did you do on that day? A: I went out to meet Marielle for our usual coffee break in Starbucks at 3 o’clock in the afternoon. We spent the whole afternoon together until we decided to go home for the party. Q: Did you feel anything at that time? ATTY. SUBAAN: Objection, Your Honor! Question is leading. JUDGE: Sustained. Q: What happened at Starbucks? A: While we’re eating, I complained to Marielle that my head was aching.

Q: Did your friend say anything? A: She told me that I was just tired. Q: What time did you leave Starbucks? A: 5 o’clock. Q: What time did you arrive in your apartment? A: We arrived at about 5:30 o’clock in the late afternoon. The dinner party was set at 6 o’clock that evening. Q: What happened later? A: The guests arrived. We entertained them. Q: Was your fiancée with them? A: Yes. Q: What happened next? A: I approached Marielle and chatted with her. Q: What did you feel at that time? A: My headache worsened. I began to feel nauseous and I vomited. I felt so weak that I lost my balance. Q: Did anyone come to help? A: Yes, Marielle caught me before I hit the floor. Q: Did you notice anything else? A: Before I totally lost consciousness, I saw that Marielle was smiling while she held on to me. Q: So, if the accused is inside this courtroom, would you be able to identify and point to her? A: Yes, Sir. (Victim pointed to the accused.) There. PROSECUTOR FAGTANAC: That is all, Your Honor. JUDGE: Cross? ATTY. SUBAAN: Yes, Your Honor. Cross Examination of Jedamica Mae Delos Santos by Atty. Ronilo Subaan Q: Miss Witness, you testified that in the lease contract, the lessor had the responsibility to conduct pest control measures. How often is this pest control conducted? A: Quarterly, Your Honor. Q: And during what months did the lessor conduct these pest control measures? A: February, May, August, and November of every year, Your Honor. Q: Miss Witness, you testified that in cleaning the dirty kitchen, you used a rat poison to kill the rats there. Is that right? A: Yes. Q: How did you use the rat poison? A: I took the pack out of the box. Then I put some into my hand. I put the rat poison in some rice and then I put the rice on the floor so that the rats could eat them. Q: You did not use any gloves to protect your hands or your skin? A: No, Your Honor. Q: Miss Witness, did you know that a rat poison could also poison humans if accidentally swallowed? A: Yes, Your Honor. Q: So, even if you knew that, you still did not use any protection for your hands? A: Yes, because I planned to wash my hands after I cleaned the dirty kitchen. Q: After cleaning the dirty kitchen? A: Yes, Your Honor. Q: Not right after you put the poison into the rice, as you have said earlier? A: Yes, Your Honor.

Q: You testified that you drank the grapefruit juice. What was the color of the juice? A: Yellow. Q: When you drank the juice, what was its taste? A: It was sour, a bit bitter, Your Honor. Q: Bitter? A: Yes, Your Honor. Q: Hindi ka ba nagtaka at mapait yung juice na ininom mo? PROSECUTOR FAGTANAC: Objection: Your Honor! My witness cannot understand Filipino. JUDGE: Let the question be translated for the witness. ATTY. SUBAAN: Did you not wonder why the juice was bitter? A: No, Your Honor. The grapefruit juice really has a slight bitter taste, perhaps because it was so sour. Q: You testified that before the accused left the house, she told you not to forget to drink the juice. Has she done this even before the incident happened? A: Yes, Your Honor. Both of us used to do that. We often leave food and drinks for each other. Q: So, when she told you not to forget to drink the juice, it was nothing new to you, because both of you had that habit. A: Yes, Your Honor. Q: You testified that at 3 pm on September 17, 2017 you met with the accused at a coffee shop. When you were with the accused, did you notice anything different about her? A: Yes, Your Honor. Q: What was that? A: When I complained about my headache, she just told me that I was just tired. Q: Were you not really tired after cleaning the entire house? A: Yes, I was quite tired, Your Honor. Q: You also said that at the party you felt nauseous, and then you vomited and fell to the floor. Is that right? A: Yes, Your Honor. Q: When you were already at the floor, were you still conscious? A: Yes, Your Honor. Q: Was your sight still clear? A: A bit blurry, Your Honor. Q: So you cannot see clearly at the time you fell to the ground? A: Yes, because I was so dizzy. Q: So you cannot possibly say that Marielle was really smiling when she held you? A: I’m not sure Your Honor. Q: Miss Witness, have you ever visited a psychiatrist? A: Yes, Your Honor. Q: When was this? A: Around August 2016, Your Honor. Q: Why did you go to such psychiatrist? A: I needed treatment for my depression, Your Honor. Q: What was the cause of your depression? A: My parents died of a terrible accident, and I blamed myself for their death. Q: Who was the doctor who treated you? A: Dr. Cherie Naomi Garcia.

Q: Where is his clinic located? A: At the Medical Center Manila. Q: What did this Dr. Cherie Naomi Garcia do to treat you? A: I went through psychological counseling sessions, Your Honor. Q: Were this counseling sessions reduced into writing? A: Yes, Your Honor. Q: Is this document the record of the treatment you went through under Dr. Cherie Naomi Garcia? (Atty. Subaan showing the summary discharge report to the complainant) A: Yes, Your Honor ATTY. SUBAAN: For the record, the complainant has identified Exhibit 1 which was previously marked as Summary Discharge Report at the Medical Center Manila. Q: Who prepared this medical report? A: It was Dr. Cherie Naomi Garcia who prepared the report, Your Honor. Q: Miss Witness, did anything happen before you visited your psychiatrist? A: I committed suicide. Q: Did your psychiatrist prescribe any medication? A: Yes, she gave me anti-depressant pills. Q: Are you still taking these medications? A: Not anymore, Your Honor. ATTY. SUBAAN: No further questions. JUDGE: Re-direct? PROSECUTOR FAGTANAC: No, Your Honor. We will call on our next witness. JUDGE: Miss Witness, You may step down. Call your next witness.

Direct Examination of Jim Dorozan by Prosecutor Hyacinth Santilices PROSECUTOR SANTILICES: I’m calling on Mr. Jim Dorozan. COURT CLERK: Do you swear to tell the truth, all the truth and nothing but the truth in this case? WITNESS: Yes Maam. JUDGE: Please state your name and other personal circumstances. WITNESS: Jim Dorozan, 30 years of age, single, head security officer of the Security Services Division of Nestle Philippines and a resident of 299 Aguado St. San Miguel Quiapo, Manila. JUDGE: Your witness. PROSECUTOR SANTILICES: This witness, Your Honor, Jim Dorozan is presented to testify on the fact that the accused secretly fell in love and could possibly be obsessed with him and may likewise began to hate the complainant secretly. May we proceed, Your Honor? JUDGE: Proceed. Q: Do you know the complainant? A: Yes. Q: How are you related to her? A: She is my fiancée. Q: Do you know the accused? A: Yes.

Q: How is she related to the complainant? A: She is the childhood friend of the complainant; officemate; and they live in the same apartment. Q: Were you aware that the accused likes you? ATTY. SUBAAN: Objection, Your Honor. Counsel is speculating. Judge: Sustained. Q: Do you visit the complainant in their apartment? A: Yes, Your Honor. Q: How often do you visit the complainant? A: During weekdays, whenever I drop...