PS IDC 2022-01 APLHA

GROUP 3

MOCK TRIAL SCRIPT

CRIMINAL CASE NO. 24689: MURDER

PEOPLE OF THE PHILIPPINES V. YSMAEL PADILLA, JONSON PALMARES,
JAMIEL VENTOSA, RYAN DOMINGO AND MACKY CAPALAD

CHARACTERS GROUP MEMBERS

1. Judge - PMSg McPherson, Paolo M

2. Court Clerk - PCpl Dizon, Cyrus Mc Leo D
3. Prosecutor - PCpl Obeso, Archie Mae T
4. Defense Attorney - PSSg Ildefonso, Hema E
5. Court Interpreter - PCpl Aminor, Wilver L
6. Witness 1 - PSSg Encarnado, Eric A
7. Witness 2 - Pat Martinez, Paula Marie R
8. Doctor - JO1 Del Barrio, Eric R
9. Police Officer - PCpl Cuartel, Jaylor E

TRIAL
CLERK OF COURT: This honorable court of the Regional Trial Court, Branch 28 with the
Honorable Judge Paolo McPherson is now in session. All rise. Let’s pray. 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 be
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 case.

CLERK OF COURT: Your Honor, today’s case is the Criminal Case no. 24689 People of the
Philippines vs. Ysmael Padilla, Jonson Palmares, Jamiel Ventosa, Ryan Domingo and Macky
Capalad.

JUDGE: Is the prosecution ready?

PROSECUTOR: (stand up) Yes, your honor. (Be seated)

JUDGE: Is the defense ready?

DEFENSE ATTORNEY: (stand up) Yes, your honor. (Be seated)

JUDGE: We will now hear the opening statement from the prosecution. Prosecutor, please state
your case.

PROSECUTOR: Thank you, your honor. The accused Ysmael Padilla, Jonson Palmares, Jamiel
Ventosa, Ryan Domingo and Macky Capalad went to the house of the victim, Ms. Eva Garcia,
with intent to kill, conspiring and confederating with one another, did then and there, wilfully,
unlawfully, feloniously and treacherously stab several times with the use of knife directing blows
against the vital parts of the body of the latter, thereby inflicting upon her mortal wounds,
causing her direct and immediate death. We will prove that the accused are guilty beyond
reasonable doubt. The reason we ask you your honor, the verdict of guilty.

JUDGE: Thank you. The defense would like to give an opening statement or would you like to
defer until the prosecution rest its case.

DEFENSE LAWYER: We like to stay your honor in the People of the Philippines vs. Ysmael
Padilla, Jonson Palmares, Jamiel Ventosa, Ryan Domingo and Macky Capalad. They were being
accused of murder when in fact they don’t have knowledge regarding the incident. The reason we
ask you your honor, the verdict of lacking.

DIRECT EXAMINATION OF WITNESS BY THE PROSECUTOR

JUDGE: Thank you counsel. For the prosecution, you may now call in your first witness.

PROSECUTOR: Yes, your honor. The prosecution would like to call on Mr. Eric Encarnado in
the witness stand. The witness is being presented to testify on the fact that the accused planned to
carry out the killing of the victim and were seen to be at the place where the crime was
committed.

CLERK OF COURT: Can you please raise your right hand. Do you swear to tell the truth, all
the truth and nothing but the truth in this case?

WITNESS 1: Yes I will, Sir.

PROSECUTION: Mr. Witness please introduce yourself.

WITNESS 1: I am Mr. Eric Encarnado, 28 years old, single and a resident of Brgy. Culiat,
Quezon City. I worked as a server in the Fast Break Cafeteria.

PROSECUTION: Mr. Witness, will you please tell on this honorable court where you were on
February 10, 2022 at around 2:00 in the afternoon?

WITNESS 1: I was in the fast break cafeteria serving our customers.

PROSECUTION: Did something happen if any while you are serving your customers?

WITNESS 1: Yes. Ms. Eva had a verbal altercation with the accused because she noticed that
they were under the influence of alcohol while performing work related activities and was being
unresponsive with her queries

PROSECUTION: If there’s any, what happen next?

WITNESS 1: Ms. Eva relieved them from their duties in the cafeteria and then proceeded to
close the cafeteria.

PROSECUTION: What happen next?

WITNESS 1: I went to the CR that time because I had stomach ache.

PROSECUTION: Did something happen, if any?

WITNESS 1: Yes. I heard noises coming in the CR then I peeked to determine who those are
and then I saw the accused. That time I heard that they are going to kill Ms. Eva to take revenge
for relieving them from their duties.

PROSECUTION: I am going to show you the clothes that were retrieved in the crime scene.
Plain green sando previously marked as exhibit A. black pants as exhibit B. Yellow t-shirt as
exhibit C. Checkered short as exhibit D. white t-shirt as exhibit E. another white t-shirt as exhibit
F. third white t-shirt as exhibit G. blue pants as exhibit H. another blue pants as exhibit I and
third blue pants as exhibit J. Please look over it and tell this honorable court if you are familiar
with those clothes.

WITNESS 1: Yes, I am familiar with these clothes. These were the clothes that the accused were
wearing when I saw them inside the CR.

PROSECUTION: Is the owner of the green sando present in this court?

WITNESS 1: Yes, ma’am.

PROSECUTION: Can you point to the owner of that green sando?

WITNESS 1: (point at Ysmael)

PROSECUTION: How about the yellow t-shirt? Can you point the owner of that t-shirt?

WITNESS 1: (point at Jonson)

PROSECUTION: How about these white t-shirts?

WITNESS 1: (point at Jamiel, ryan and Macky)

PROSECUTOR: For the record, the witness has identified the evidence previously marked as
Exhibit A, B, C, D, E, F, G, H, I, and J as the clothes being worn by the accused.

PROSECUTION: When you heard about their plan to kill the victim. What did you do?

WITNESS 1: I went outside to look for Ms. Eva to warn her but she was nowhere to be found.
When I ask our general manager, he told me that Ms. Eva already went home but the latter’s
husband is on his way to the Cafeteria. So, I decided to wait for Ms. Eva’s husband to relay to
him what I have heard from the accused

PROSECUTION: Were you able to relay it to Mr. Solimar?

WITNESS 1: Yes. We went to his house after that to check upon Ms. Eva and also to warn her.

PROSECUTION: What happen next?

WITNESS 1: When we got there, we heard noises from inside the house then I saw the accused
coming out from the backdoor of the house.

PROSECUTOR: That is all your honor.

JUDGE: Cross?

DEFENSE ATTY: None, your honor.

JUDGE: Ms. Witness you may step down. Call your next witness.

PROSECUTOR: I am calling on Ms. Paula Martinez. The witness is being presented to testify
on the fact that Ms. Eva was seen by the witness being killed by the accused

CLERK OF COURT: Can you please raise your right hand. Do you swear to tell the truth, the
whole truth and nothing but the truth in this hearing?

WITNESS 2: Yes, I do, Sir.

JUDGE: Proceed

PROSECUTOR: Do you know Ms. Eva?

WITNESS 2: Yes madam

PROSECUTOR: How are you related to her?

WITNESS 2: I am their maid.

PROSECUTOR: Where were you at around 2:00 in the afternoon on February 10, 2022?

WITNESS 2: I was in the house of Ms. Eva.

PROSECUTOR: In what specific area are you inside the house?

WITNESS 2: I was in the CR in the kitchen

PROSECUTOR: Did something happen at that time?

DEFENSE ATTY: Objection, your honor! Question is leading.

JUDGE: Sustained.

PROSECUTOR: What happened in the house?

WITNESS 2: While I was inside the CR, I heard noises and voices of men.

PROSECUTOR: Can you recall what you have heard?

WITNESS 2: I heard one of them said that, “hayop ka, tinanggalan mo kami ng hanapbuhay!
Papatayin kita! And I heard Ms. Eva said that “maawa kayo wag ninyo akong patayin, my asawa
at mga anak ako”. I also heard those words, “hindi ka dapat kaawaan animal ka! Wala kaming
ginagawang masama sa iyo pero tinanggal mo kami sa trabaho! Dapat lang sayo yan!” and “sige
pare banatan mona yang lintik na yan baka my makarinig at makakita pa sa atin dito”

PROSECUTOR: What happen next?

WITNESS 2: I was frightened because if they see me they might also kill me, so I didn’t came
out from the CR. Instead, I peeked and saw the accused stabbing Ms. Eva while the other
accused was holding her.

PROSECUTOR: Is the one holding the knife present in this court?

WITNESS 2: Yes.

PROSECUTOR: Can you point to that person?

WITNESS 2: (point at jonson and ysmael)

PROSECUTOR: Can you point in this honourable court the persons who were holding Ms.
Eva?

WITNESS 2: (point at macky, ryan and jamiel)

PROSECUTOR: what happen next?

WITNESS 2: when the accused were rushing through the backdoor, I went out from the CR and
I go directly to Ms. Eva then I saw Mr. Solimar who just came home and running towards us

PROSECUTOR: That is all your honor.

JUDGE: Cross?

DEFENSE ATTY: None, your honor.

COURT INTERPRETER: Witness you may now be excused.

DIRECT EXAMINATION OF DR. ERIC DEL BARRIO

Prosecutor: May I call our third witness, Your Honor?

Judge: Call your next witness, counsel.

Prosecutor: Our third witness Your Honor, is Dr. Eric Del Barrio, the NBI Medico-Legal
Officer who conducted examinations on the victim following the incident.

Judge: Swear the witness.

Court Interpreter: Do you swear to tell the truth, the whole truth and nothing but the truth in
this hearing?

Dr. Del Barrio: Yes I do, Sir.

Court Interpreter: Will you please state your name, age, status, address and other personal
circumstances?

Dr. Del Barrio: I am Dr. Eric Del Barrio, a resident of Brgy. Bagong Pag-asa, Quezon City. I
am a Medico-Legal Officer of NBI, Quezon City.

Court Interpreter: Your witness, counsel.

Prosecutor: We Offer the testimony of Dr. Eric Del Barrio. As corroborative evidence to
formally testify the content of the medico-legal report.

Judge: Proceed.

PROSECUTOR: You declared that you are a doctor of medicine, Dr. Del Barrio. Where did you
finish your medical degree?

Dr. Del Barrio: UST Manila

PROSECUTOR: When did you graduate?

Dr. Del Barrio: 2010

PROSECUTOR: Are you a licensed physician?

Dr. Del Barrio: Yes.

PROSECUTOR: When did you passed the doctor’s board examination?

Dr. Del Barrio: in 2012

PROSECUTOR: Where are you presently connected?

Dr. Del Barrio: I’m presently connected with the East Avenue Medical Center located in

Quezon City.

PROSECUTOR: Since when have you been employed in that hospital?

Dr. Del Barrio: I have been employed there since 2015.

PROSECUTOR: What is your present designation?

Dr. Del Barrio: I’m presently an emergency physician in said institution.

PROSECUTOR: Have you testified as a medical expert in cases before courts of justice?

Dr. Del Barrio: Yes, mostly on medico legal cases

PROSECUTOR: How many medico legal cases so far have you testified? What kind of medico
legal cases have you testified?

Dr. Del Barrio: For the past 5 years, around 25 cases. Mostly homicide and murder cases.

PROSECUTOR: Do you recall having attended on one Ms. Eva Garcia at the East Avenue
Medical Center ?
Dr. Del Barrio: Yes.

PROSECUTOR: Do you recall when was that doctor? About what time?

Dr. Del Barrio: About 2:15 in the afternoon of February 10, 2022.

PROSECUTOR: What happen when you attended to her?

Dr. Del Barrio: I declared her as Dead On Arrival.

PROSECUTOR: Attached to the record of the case is a Medico Legal Report issued by one Dr.
Del Barrio, is this the one you are referring to? (Exhibit M)

Dr. Del Barrio: Yes.

PROSECUTOR: For the record, the witness has identified the document previously marked as
Exhibit D as the Medico Legal Report issued by Dr. Del Barrio.

PROSECUTOR: There is a signature above the typewritten name Dr. Del Barrio, do you know
whose signature is this doctor?

Dr. Del Barrio: It is my signature.

PROSECUTOR: I respectfully request Your Honor, that the signature appearing in Exhibit M
be marked as Exhibit M-1.

PROSECUTOR: Can you tell to us in layman’s terms the findings?

Dr. Del Barrio: Ms. Eva died because of severe loss of blood due to the stabbing.

PROSECUTOR: What was the particular weapon that was used to stab Ms Eva?

Dr. Del Barrio: It was a kitchen knife.

PROSECUTOR: That is all your honor.

JUDGE: Cross?

DEFENSE ATTY: No, your honor.

JUDGE: Mr. Witness, you may step down.

 DIRECT EXAMINATION OF PCpl JAYLOR CUARTEL

PROSECUTOR: May I call our fourth witness, Your Honor?

JUDGE: Call your next witness, counsel.

PROSECUTOR: Our fourth witness Your Honor, is PCpl Jaylor Cuartel. The arresting police
officer who will also represent in behalf of PSSg Juan Dela Cruz who conducted the warrantless
arrest of the accused.

JUDGE: Swear the witness.

COURT INTERPRETER: Do you swear to tell the truth, the whole truth and nothing but the
truth in this hearing?

PCpl QUARTEL: Yes I do, Sir.

COURT INTERPRETER: Will you please state your name, age, status, address and other
personal circumstances?

PCpl QUARTEL: I am PCpl Jaylor E. Cuartel, 35 years old, married, a resident of Brgy.
Tandang Sora, Quezon City. I am a member of the Philippine National Police, who is presently
assigned at the Quezon City Police District designated as Patrol PNCO.

COURT INTERPRETER: Your witness, counsel.

PROSECUTOR: We offer the testimony of PCpl Cuartel as corroborative evidence to formally

testify the evidences that were retrieved in the boarding house of the accused

JUDGE: Proceed.

PROSECUTOR: Where were you at around 2:00 in the afternoon?

PCpl QUARTEL: I was in the Brgy. Tandang Sora, Quezon City together with PSSg Juan Dela
Cruz, conducting a beat patrol.

PROSECUTOR: What happened during that time?

PCpl QUARTEL: While we are on duty, it was informed thru our radio communication device
that a killing incident transpired near in the place of our duty. Then we responded immediately
after that.
PROSECUTOR: What time did it came to your knowledge about the killing incident?

PCpl QUARTEL: It was around 2:20 in the afternoon.

PROSECUTOR: What happened next?

PCpl QUARTEL: When we went to the place where the killing transpired, a certain Mr. Eric
Encarnado and Ms. Paula Martinez told us that the victim was already brought to the nearest
hospital. Then upon our initial investigation, we found out that in the morning that day, the
victim and the latter’s workers namely, Ysmael Padilla, Jonson Palmares, Jamiel Ventosa, Ryan
Domingo and Macky Capalad had a verbal altercation and after that, Mr. Encarnado, heard that
the aforementioned five workers planned to kill the victim to seek revenge against the latter for
relieving them from their duties.

PROSECUTOR: After your initial investigation, what did you do next?

PCpl QUARTEL: I immediately called a backup and proceeded to the suspects whereabout
because it also came to our knowledge that the suspects were renting a boarding house. Then
together with PSSg Juan dela Cruz and Mr. Encarnado we went to the boarding house of the
suspects. When we arrived at the place, we saw the three (3) of them who are about to escape the
other two (2) was still inside the boarding house. When we went inside the boarding house, we
saw some clothes that are filled with blood stain and we also saw two knives with blood stains.
That, upon positive identification of the suspect we immediately effected his arrest and informed
him of the nature of his offense and recited to him in a dialect clearly understood and spoken by
him his Constitutional Rights as provided for under the Miranda Doctrine.

PROSECUTOR: I am showing these pieces of evidence that were previously marked as exhibits
A, B, C, D, E, F, G, H, I, J, and K. can you identify if those were the ones that you had retrieved?

PCpl QUARTEL: Yes, those were the clothes and kitchen knives that we retrieved.

PROSECUTOR: For the record, the witness has identified the evidence previously marked as
Exhibit A, B, C, D, E, F, G, H, I, J, and K.

PROSECUTOR: That is all your honor

JUDGE: Cross?

DEFENSE ATTY: Yes, your honor.

CROSS EXAMINATION OF PCpl CUARTEL

DEFENSE ATTY: May, I proceed your honor.

JUDGE: Proceed.

DEFENSE ATTY: Good afternoon, PCpl Quartel, based on the investigation you have
conducted, aside from Ms Paula Martinez, the maid of the victim, where there any other people
during the actual incident?

PCpl QUARTEL: Based on the investigation relayed to us by our witness, only the maid and the
victim were in the house that time.

DEFENSE ATTY: No further questions your honor.

FORMAL OFFER OF EVIDENCE BY THE PROSECUTION

PROSECUTOR: Your Honor, we are now resting the case for the prosecution.

JUDGE: How do you intend to submit your formal offer?

PROSECUTOR: We can now offer our evidence, Your Honor.

JUDGE: Proceed.

PROSECUTOR:
Exhibit A is the plain green sando that the witness identified as being worn by the
accused before the commission of the crime and which was retrieved at the boarding house of the
accused by the Police Officers
Exhibit B is the black pants that was identified also by the witness and which was
retrieved by the police officer in the boarding house of the accused.

Same with Exhibit C, yellow t-shirt

Exhibit D checkered short

Exhibit E white t-shirt

Exhibit F white t-shirt

Exhibit G white t-shirt

Exhibit H blue pants

 Exhibit I blue pants and

Exhibit J blue pants that were all retrieved by the police officers and was identified by the
witness as having been worn by the accused

Exhibit K is the kitchen knives that was retrieved by the police in the boarding house of
the accused

Exhibit M is the medico-legal report issued by Dr. Del Bario

Exhibit M-1 is the signature of Dr. Del Bario to be a part of his testimony that he was the
attending physician of the deceased.

Exhibit N is the affidavit of arrest by the police officers to prove that the warrantless
arrest was effected lawfully and also the statements of the police who had retrieved the clothes
and knives that were found in the boarding house of the accused

JUDGE: Any comment?

JUDGE: Acting on the formal offer of exhibits of the prosecutor and comments thereon by the
defense counsel, the Court resolves to admit all the exhibits offered by the defense counsel
specified in the offer.

FIRST WITNESS FOR THE DEFENSE

Judge: We will now proceed to the presentation of the witnesses for the defense. Call your
witness, counsel. (Presentation of the Witness and Formal Offer of Evidence by The Defense)

JUDGE: Any comment, PROSECUTOR?

PROSECUTOR:

As to Exhibit 1 x x x, we can admit its existence and authenticity, Your Honor.

As to Exhibit x x x, we can only admit the existence but not the authenticity and truthfulness
Your Honor.

JUDGE: Acting on the formal offer of exhibits of the defense counsel and comments thereon by
the public prosecutor, the court resolves to admit all the exhibits offered by the defense counsel
specified in the offer.
JUDGE: Any rebuttal-evidence, Fiscal?

PROSECUTOR: No rebuttal evidence, Your Honor.

JUDGE: Considering that the public prosecutor will not present rebuttal evidence, the court
gives the parties 30 days from today within which to file their respective memoranda. The case
shall be deemed submitted for decision after the lapse of the said period, even without the said
memorandum.

JUDGE: Any closing statements?

PROSECUTION: Your honor, today we have the burden of proof. As the evidences shown
which are the clothes that the witness had identified as being worn by the accused before the
killing happened and which was retrieved at the boarding house of the accused, medico-legal
findings and the testimony of our witnesses. By that we ask for a verdict of guilty your honor.

DEFENSE: Your honor, today the prosecution has the burden of proof and they have availed to
prove it. Your honor they have not showed beyond reasonable doubt that (accused) is guilty. The
evidence does not show that (accused) murdered Ms Eva. It was clearly stated that x x x. By
that, we ask for a verdict of not guilty your honor.

JUDGE: We have now heard arguments from both sides in the case of People of the Philippines
vs Ysmael Padilla, Jonson Palmares, Jamiel Ventosa, Ryan Domingo and Macky Capalad. I must
now decide if the State has proven beyond a reasonable doubt that the defendant is guilty of
frustrated murder.

I have been given material that will help understand the law regarding presumption of innocence
and reasonable doubt, as well as the requirement for a unanimous verdict and the facts that the
State must prove in order to find the defendant guilty.

JUDGE: Order.
 JUDGEMENT

JUDGE: Will the defendant please stand. (The accused stand along with their lawyers)
You may read the verdict.

CLERK OF COURT: (THEY READ VERDICT BELOW or FROM THEIR VERDICT

FORM)

*****************************************************

CLERK OF COURT: As to the charges against Ysmael Padilla, Jonson Palmares, Jamiel
Ventosa, Ryan Domingo and Macky Capalad, your honor, we find as follows:

Ysmael Padilla is:

Guilty_______ Not Guilty_____ for the crime of Murder.

Jonson Palmares is:

Guilty_______ Not Guilty_____ for the crime of Murder.

Jamiel Ventosa is:

Guilty_______ Not Guilty_____ for the crime of Murder.

Ryan Domingo is:

Guilty_______ Not Guilty_____ for the crime of Murder.

Macky Capalad is:

Guilty_______ Not Guilty_____ for the crime of Murder.

******************************************************

JUDGE: Thank you everyone.

CLERK OF COURT: Court is adjourned. Order in the court.

(All rise as the judge exits the courtroom)