Ateneo de Davao University

College of Law

In Partial Fulfillment of the Requirements in

Practice Court I and Trial Techniques (LLB-407)

PRACTICE COURT PRESENTATION SCRIPT:

PEOPLE OF THE PHILIPPINES V. EUGENE CINCO

Submitted to:
Hon. Maria Eloisa A. Maglana

Submitted by:
PRACTICE COURT GROUP 3

Alcomendras, Kahlil Murray, DN Abubakar

Balgoa, Patricia Nicole Olamit, Ara Princess
Campaner, Marrie Allexa Pahayahay, Wildy
Castro, Sushmita Shane Rodriguez, Jaime
Chua, Ingrid Corinne Singanon, Alexa Marie
Manligoy, Kemarie

August 31, 2019

GROUP 3: PEOPLE V. CINCO (ATTEMPTED HOMICIDE)

Alcomendras, Kahlil Branch Presiding Judge

Balgoa, Patricia Nicole Scriptwriter/Branch Clerk of Court

Campaner, Allexa Marrie Court Stenographer/ Court Calendar

Castro, Sushmita Shane Branch Court Interpreter/Barangay

Certificate/Medical Certificate

Chua, Ingrid Corinne Scriptwriter/ Detainee

Manligoy, Kemarie Pre-Trial Brief/Detainee/Medical Certificate

Murray, DN Abubakar Accused/Evidences

Olamit, Ara Princess Judicial Affidavits/Police Officer

Pahayahay, Wildy Prosecutor/Pre-Trial Order

Rodriguez, Jaime Pre-Trial briefs/Police Officer

Singanon, Alexa Marie Public Attorney/Information/Police Report

SETTING

RTC Branch 7, 11th Judicial Region, Baganga, Davao Oriental

August 30, 2019 (Friday) at 8:30AM

ENTRANCE

(EVERYBODY is in the courtroom waiting for the judge EXCEPT the Accused and his jail
officer)

COURT INTERPRETER: All rise!

(Everybody stands)

(Ecumenical Prayer For The Courts)

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.

Court is now in session. Silence is hereby enjoined.

Branch 7, Regional Trial Court of Baganga, Davao
Oriental, Honorable Judge Kahlil Alcomendras,
presiding.

(Judge bangs gavel once, everybody sits down.)

JUDGE: Call the case.

______________________________________________________________________________

COURT INTERPRETER: Criminal Case No. R-DVO-18-01209-CR: People of the

Philippines versus Eugene Cinco for Attempted
Homicide For Arraignment and Pre-Trial.

JUDGE: Appearances?

PROSECUTOR: Good morning, Your Honor. I am Atty. Wildy Pahayahay,

entering my appearance for the Government.
May I respectfully request for a 2nd call on this case, Your
Honor? I am informed that the defendant is still on his
way because their bus broke down while on its way here.

JUDGE: Okay. We’ll have a 2nd call for this case. Let us proceed
with the hearing on the Motions first.

Please call the next case.

COURT INTERPRETER: Criminal Case No. R-DVO-18-02820-CR: People of the

Philippines versus Nahib Arpa Sala for Violation of
Section 11 of Republic Act 9165.

JUDGE: Appearances?

PROSECUTOR: Same appearance for the Government, Your Honor.

JUDGE: Is the counsel for the defense not here?

COURT INTERPRETER: Your honor, the counsel for the defense submitted a
motion for postponement.

JUDGE: What is the reason for the postponement?

COURT INTERPRETER: Your Honor, Atty. Picache figured in a vehicular accident

and is still admitted in the hospital for her recovery.

JUDGE: Since the counsel for the defense figured in an accident

and she needs to recover, it is physically impossible for
her to appear in court. Thus, her non-appearance is
justified. The hearing (on the motion) shall be reset on
September 27 at 8:30 in the morning.

Order. Print!

Call another case.

COURT INTERPRETER: Criminal case No. R-DVO-18-04108-CR: People of the

Philippines versus Rodolfo Enriquez, Clyde Maturan,
and Elmer Banderas for Violation of Section 11 of
Republic Act no. 9165.

JUDGE: Appearances?

PROSECUTOR: Same appearance for the Government, Your Honor.

PAO LAWYER: Good morning, Your Honor. I am Atty. Alexa Marie

Singanon, entering my appearance for the accused.

JUDGE: This is a motion to defer the July 5 arraignment of

accused Clyde Maturan?
PAO LAWYER: Yes, Your Honor.

JUDGE: On what grounds?

PAO LAWYER: Your Honor, we move for the deferment of the

arraignment of the accused on the ground that he
appeared of unsound mind when he submitted himself
for arraignment last July 5. We also request that
defendant be submitted for mental examination in order
to determine whether he is fit for trial, Your Honor.

JUDGE: Comments, Fiscal?

PROSECUTOR: Objection, You Honor. The proposed motion is only

intended to delay the proceedings, Your Honor.

JUDGE: Atty. Singanon?

PAO LAWYER: Your Honor, with respect to the opposing counsel, the
proposed motion is well within the Rules. Furthermore,
the examination is necessary, Your Honor, in order to
make sure that my client is afforded fair trial.

JUDGE: Very well. The motion to defer arraignment of accused

Clyde Maturan and the request for his mental
examination is hereby granted. Defendant Clyde
Maturan is ordered transferred to Davao Mental Hospital
for the examination of his mental condition and
confinement, if necessary.

Order. Print!

Next case.

______________________________________________________________________________
ACCUSED EUGENE CINCO ENTERS WITH HIS JAIL OFFICER

COURT INTERPRETER: Criminal Case No. M-DVO-18-02977-CR and M-DVO-

18-02978-CR: People of the Philippines v. Jomarie
Ylana and Casie Mondragon for 2 counts of theft.

JUDGE: Appearances?

PROSECUTOR: Same appearance for the government, Your Honor.

JUDGE: For the accused?

COURT INTERPRETER: (Holds a mobile phone in 1 hand)

Your Honor, we have just received news from the office
of Atty. Protacio Magbanua that he succumbed to
prostate cancer and passed away earlier this morning.
(Shocked gasps inside the courtroom)

JUDGE: Let us offer a moment of silence for our Panyero who

is now with the Lord. May his soul rest in eternal peace.
This is also a reminder for everyone to lead healthy
lives. Eat well and exercise regularly.

(short pause)

Are any of the parties present?

COURT INTERPRETER: Defendant Cassie Mondragon is here, Your Honor.

JUDGE: Cassie Mondragon? Where are you?

DETAINEE #1: (Stands up)

I am here, Your Honor.

JUDGE: Are you aware that your lawyer just died?

DETAINEE #1: (Cassie Mondragon is fluent in English)

I also just received news of it just now, Your Honor.

JUDGE: So you do not have a lawyer with you at the moment?

DETAINEE #1: Yes, Your Honor. ☹

JUDGE: Will you be getting your own lawyer? Or do you want

the court to assign you a lawyer?

DETAINEE #1: I can get my own lawyer, Your Honor. I can pay for my
own lawyer.

JUDGE: Very well. Since the defendant has no counsel as of

this moment, and can afford her own lawyer, this court
is giving her enough time to engage the services of a new
counsel. Let’s reset the hearing of this case to another
time.

Order. Print!

Call the next case.

COURT INTERPRETER: Second Call for Criminal Case No. R-DVO-18-01209-

CR: People of the Philippines versus Eugene Cinco for
Attempted Homicide For Arraignment and Pre-Trial.

JUDGE: Are the parties present?

COURT INTERPRETER: Yes, Your Honor.

JUDGE: Proceed.
PROSECUTOR: Same appearance for the Government, Your Honor.

PAO LAWYER: Same appearance for the accused, your Honor.

(Accused remains seated with cuffed hands)

JUDGE: Arraign the accused.

PROSECUTOR: Your Honor, before we proceed, I would like to move for

the amendment of the Information to insert the words
“silver-studded, black-handled” before the words bolo
on the same. I have here with me the amended
Information, Your Honor.

JUDGE: Any comment defense counsel?

PAO LAWYER: Your honor we would like to oppose the motion for the
amendment of the information to insert the said words
as these are matters that are evidentiary in character and
thus must be proved during trial.

JUDGE: Motion denied. The motion of the prosecution for the

amendment of the Information is unnecessary as this fact
is evidentiary in nature. Raise it during trial.

ARRAIGNMENT

(Accused will stand, assisted by the police officer and proceeds to the right portion of the
room in front of the court interpreter)

COURT INTERPRETER: Criminal Case No. R-DVO-18-01209-CR: People of the

Philippines vs. Eugene Cinco

Accused is charged with the crime of Attempted Homicide.

XXXXX

Katong Marso Disenwebe Dos Mil Diseotso, sa dakbayan sa Dabaw, sakop niining
dungganong korte, ang gihinganlang akusado, pinaagi sa
iyang kaugalingong buhat, iyang tinuyuan na supak sa
balaod gigukod ug gidunggab si Victorio Diez, gamit ang
balisong nga naay intention nga pagpatay, pero wala
matuman ang buot nga intention nga pagpatay, dili
mahitungod sa pag bag-o ug huna-huna. Sukpak sa
balaod.

(That on or about 19 March 2018, in the City of Davao, a place within the jurisdiction of the
Honorable Court, the above-named accused, armed with
a bladed weapon, with intent to kill, did then and there,
willfully, unlawfully, and feloniously attack, assault and
chase one Victorio Diez, with a bolo, thus the accused
commences the commission of the crime of homicide
directly by overt acts, but not perform all the acts of
execution which would have produced the felony of
homicide, by reason of some causes other than
spontaneous desistance. Contrary to law.)
Sad-an o dili sad-an?

ACCUSED: Dili sad-an.

COURT INTERPRETER: Nakasabot ba ka sa gi-akusar sa imoha?

ACCUSED: (Nods)

COURT INTERPRETER: Tingog sad.

ACCUSED: Nakasabot.

JUDGE: Let it be on record that the accused pleaded not guilty for
the crime of Attempted Homicide. The information was
read to him in Visayan, a language known and
understood by the accused. Also, Atty. Singanon, the
Public Attorney assisted the accused in this arraignment.

Order. (Type type) Print!

All right. Let’s proceed with the pre-trial. Are the

counsels ready?

PAO & PROSECUTOR: Yes, Your Honor.

PRE-TRIAL CONFERENCE

JUDGE: Alright. Let us start with the marking of exhibits for the
prosecution.

PROSECUTOR: Your Honor, we present the following documentary

evidence and mark as the prosecution’s exhibits:

Exhibit A: The affidavit of the victim Victorio Diez

Exhibit B: Police report of Baganga Municipal Police
Station
Exhibit C: Medical Certificate of Victorio Diez
Exhibit D: Barangay Certification of turn-over of bolo to
Punong Barangay

We present also the following object evidence: here is the

bolo itself and the scabbard of the bolo

Also your Honor, I would like to reserve the right to

present additional witnesses during the course of the
trial as the need arises.

JUDGE: Comment or objection?

(looks at the PAO lawyer)

PAO LAWYER: None, Your Honor.

JUDGE: Show your documents and evidence to the defense.

(Prosecutor hands over the documents and evidence to the PAO lawyer.)

PAO LAWYER: (Checks the documents handed to her, scans for a

minute)

JUDGE: (The documents were also handed over to the judge. Also
checks the evidence to confirm the allegation)

All right. Mark the documents as evidence of the

prosecution We now proceed to the marking of exhibits
for the defense. Counsel?

PAO LAWYER: No exhibits for the defense, Your Honor.

JUDGE: Let’s proceed with the stipulation of facts. Any admission

for the prosecution?

PROSECUTOR: We stipulate the personal circumstances of the accused,

Eugene Cinco, as to his identity in the information and
arraignment are one and the same

PAO LAWYER: Stipulated.

PROSECUTOR: The identity of Victorio Diez, the victim

PAO LAWYER: Stipulated.

PROSECUTOR: The date and place of the commission of the crime is on

March 19, 2018 and in the Municipality of Taragona
Province of Davao Oriental

PAO LAWYER: Stipulated.

PROSECUTOR: That Eugene Cinco attempted to kill the victim, Victorio

Diez

PAO LAWYER: Not stipulated.

PROSECUTOR: The bolo used is silver-studded and black handled

PAO LAWYER: Not stipulated.

PROSECUTOR: That the accused around 3 in the morning, shouted at us

to stop the karaoke

PAO LAWYER: Not stipulated.

PROSECUTOR: That there was an altercation between the two of them.

PAO LAWYER: Not stipulated.

PROSECUTOR: That the victim did not do anything to provoke the

accused

PAO LAWYER: Not stipulated.

PROSECUTOR: The accused was successful in wounding the victim thru
the use of the bolo

PAO LAWYER: Stipulated

PROSECUTOR: The existence and the truthfulness and existence of the

statements in the medical certificate, police blotter, and
certification of turn-over of bolo to the Punong Barangay.

PAO LAWYER: We stipulate as to its existence but not as to its

truthfulness, Your Honor.

PROSECUTOR: That would be all, Your Honor.

JUDGE: For the defense?

PAO LAWYER: We stipulate that the attempted killing was done in self-
defense.

PROSECUTOR: Not stipulated.

PAO LAWYER: That there was a drinking session which occurred prior
to the stabbing of the victim.

PROSECUTOR: Stipulated

PAO LAWYER: That the victim and the accused had a quarrel prior to the
stabbing.

PROSECUTOR: Stipulated.

PAO LAWYER: That the victim threatened to kill the accused and his
family if he does not stop talking and let them continue
their drinking session

PROSECUTOR: Not stipulated.

PAO LAWYER: That the victim taunted the accused

PROSECUTOR: Not stipulated.

PAO LAWYER: Fearing for his life and his family’s the accused
committed the act as a matter of self-defense against the
threats of the victim

PROSECUTOR: Not stipulated.

PAO LAWYER: That is all, Your Honor.

PROSECUTOR: Your Honor, since the accused made an admission as to

the act of attempting to kill the victim by way of self-
defense during the arraignment, we move that the court
should undertake a reverse trial in hearing this case. The
defense should prove their theory in the court first
before the prosecution is given the opportunity to refute
their claims.
JUDGE: Any comment from the accused?

PAO LAWYER: We do not oppose your honor.

JUDGE: Very well, reverse trial of the case is ordered upon

commencement of the trial. Witnesses for the
prosecution?

PROSECUTOR: Your honor we present the following witness:

First, the victim himself, Victorio Diez and we reserve the
right to present any witness whose testimony will
become relevant.

PAO LAWYER: Stipulated.

JUDGE: For the defense?

PAO LAWYER: We present the accused Eugene Cinco and we also

reserve the right to present any witness whose
testimony will become relevant.

PROSECUTOR: Stipulated

JUDGE: Okay. Stipulation as to issues? For the prosecution

PROSECUTOR Your honor we would like to present the following

issues:
A. Whether or not the accused committed the crime
charged
B. Whether or not they were guilty thereof

JUDGE: Any objections from the defense?

PAO LAWYER: None, Your honor.

JUDGE: For the defense?

PAO LAWYER: Your honor we present the following issues:

A. Whether or not the justifying circumstance of self
defense is present in the case at bar
B. Whether or not the act is justified

JUDGE: Objections from the prosecution?

PROSECUTOR: None your honor

JUDGE: Since the only defense of the accused is self-defense, we

narrow down the issue to whether or not the justifying
circumstance of self-defense is present in the case at
bar.

All right, trial dates?

PAO LAWYER: We request for 2 trial dates your honor

JUDGE: (Looks at the interpreter and the interpreter looks at the
calendar. Scan-scan kadali)

COURT INTERPRETER: (In a low voice)

September 13 and October 9, 2019 judge

JUDGE: Available counsel?

PAO LAWYER: (She checks her calendar)

Available, Your Honor.

JUDGE: Okay. Set the trial dates for the defense on September 13
and October 9, 2019.

For the prosecution?

PROSECUTOR: We also request for 2 trial dates your honor

COURT INTERPRETER: November 7 and 14, 2019 judge

JUDGE: Available counsel?

PAO LAWYER: (He checks his calendar)

Available, Your Honor

JUDGE: Okay. Set the trial dates for the prosecution on November
7 and 14, 2019.

So parties are notified in open court of the trial dates. No

postponements shall be allowed unless for meritorious
grounds so ordered. (type type type) Print! (the
interpreter prints and hands copies to parties

PROSECUTOR & PAO: Thank you, Your Honor.