SCRIPT. ARRAIGNMENT JUDGE: JEORGIA MARIE TINSAY CLERK OF COURT: JUNALLIEZ QUINLOG COURT INTERPRETER: JUNALLIEZ QUINLOG ‘COURT STENOGRAPHER: JUNALLIEZ QUINLOG PRIVATE PROSECUTOR: DEFENSE COUNSEL: CRIMINAL CASE NO. CR-ORD-2016-628 PEOPLE OF THE PHILIPPINES V. KAG. ROLANDO AGBO Clerk of Court: All rise! Honorable Judge Jeorgia Marie Tinsay is in court. 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. (Tatayo lahat) Judge: Court is now in session. Call the cases (Upo lahat) ARRAIGNMENT (Tatayo Clerk of Court, Private Prosecutor, Court Interpreter, Accused and Defense Counsel.) Clerk of Court: For arraignment: Criminal Case No. CR-ORD-2016-628 People of the Philippines v. KAG. ROLANDO AGBO for the crime of murder. CG: Appearance for prosecution and the defense. Atty. : Your honor, | am Atty. appearing as a private prosecutor under the direct control and supervision of the public prosecutor. Defense Counsel: Your honor, | am defense counsel of the accused,Judge: Is the accused around? Court Interpreter: Yes your honor. Please approach the bench Judge: Do you have a lawyer or do you want the court to appoint a lawyer? Big Bad Wolf: | have a lawyer your honor. Defense Counsel: Your honor, | am the counsel of the accused. Judge: Noted Judge: Arraign the accused Court Interpreter: Criminal Case No. CR-ORD-2016-628 People of the Philippines v. KAG. ROLANDO AGBO for the crime of murder. Accused KAG. ROLANDO AGBO commits a crime of Murder That on November 27, 2015, at around 6:00 in the morning, at Taglimao, Cagayan de Oro City, Philippines,, and within the jurisdiction of this Honorable Court, the said accused, while armed with a shotgun with which he conveniently provided himself, with intent to kill, qualified by treachery, did then and there willfully, unlawfully and feloniously, attack, assault, and shoot with the same gun, one Glendon E. Paborada, thereby inflicting upon the latter “Multiple gunshot wounds to the face and head’, that caused his immediate death, to the damage and prejudice of the heir of Glendon E, Paborada 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 Murder. The information was read to him in English, a language known and understood by the accused. Also, Atty. the defense counsel of the accused assisted him in this arraignmentAtty. Kalerqui: Your honor, we would like to set the case for pre-trial on January 25, 2015. Judge: Are you amenable with the schedule defense counsel? Defense Counsel: Yes your honor. Judge: Ok set the pre-trial of the case on January 25, 2016. We only have one case for today? Court Stenographer: Yes, your honor. Judge: In today’s trial, the arraignment of Big Bad Wolf (accused) in Criminal Case No. 12345 is conducted. The information is read to him in English a language known and understood by him. Defense counsel Atty. Layusa 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 January 25, 2016. Notify the parties thereto. So ordered. Arraignment and Pre-trial Court Call the case Clerk of People of the Philippines v. KAG. ROLANDO AGBO Criminal Court Case No. CR-ORD-2016-628 for: Murder This is for arraignment Court Appearances for Prosecution Defense © Atty. Assistant Prosecutor * Atty. PRINCESS KIMBERLY UBAY-UBAY Private Prosecutor Court Appearance for Defense © Atty, © Aly. Court Is the accused around? Defense The accused is around Court Arraign the accused Clerk of People of the Philippines v. KAG. ROLANDO AGBO Criminal Court Case No. CR-ORD-2016-628 Accused KAG. ROLANDO AGBO commits a crime of Murder, ART. 248 in relation to Article 14 of the Revised PenalCourt Accused Court Accused Court Prosecution & Defense Court Prosecutor Court Prosecutor Court Prosecutor Court Prosecutor Court Prosecutor Court Prosecutor Court Code, committed as follows’ That on November 27, 2015, at around 6:00 in the morning, at Taglimao, Cagayan de Oro City, Philippines,, and within the jurisdiction of this Honorable Court, the said accused, while armed with a shotgun with which he conveniently provided himself, with intent to kill, qualified by treachery, did then and there willfully, unlawfully and feloniously, attack, assault, and shoot with the same gun, one Glendon E. Paborada, thereby inflicting upon the latter "Multiple gunshot wounds to the face and head’, that caused his immediate death, to the damage and prejudice of the heir of Glendon E. Paborada Contrary to law. Do you understand the allegations of the facts? Yes, your Honor. What is your plea? Not guilty, your Honor. The accused pleaded not guilty. Was there a proposal for amicable settlement? None, your Honor. Marking of Exhibits Prosecution We pray that the affidavit of Rolando Paborada will be marked as “Exhibit A” Mark it. We pray that the Affidavit of Romero Dalayat and Jeckson Obsioma. will be mark as “Exhibit B" Mark it, We pray that the Affidavit of Analiza Daanoy will be marked as "Exhibit C" Mark it We pray that the Affidavit of Nic Nic Sablada will be marked as “Exhibit D” Mark it We pray that the Spot Report dated November 27, 2015 will be marked as “Exhibit E” Mark it. We pray that the Incident Report will be marked as “Exhibit F” Mark itCourt Defense Court Defense Court Prosecutor: We pray that the Certificate of Death will be marked as “Exhibit G’ Court: Mark it. Prosecutor: We pray that the photograph of the victim in this case will be marked as “Exhibit H to H1” Court: Mark it. Prosecutor: We pray that the Special Report will be marked as "Exhibit I Court: Mark it. Prosecutor: We pray that the Reply Affidavit of Rolando Paborada will be marked as “Exhibit J” Court: Mark it. Prosecutor: We pray that NBI Examination Report the will be marked as “Exhibit K” Court: Mark it. Prosecutor: We pray that the proof of expenses will be marked as “Exhibit L” Court: Mark it. Show your documents to the Defense. Does the Defense admit the genuiness and due execution of the documents? Yes, your Honor. The Defense admits the genuiness and due execution of Exhibit A-L Marking of Exhibits Defense We pray that the Affidavit of Rolando Agbo will be marked as “Exhibit 1” Mark itDefense Court Defense Court Defense Court Defense Court Prosecution Court Prosecution Court Defense Court Defense Court Defense Court Defense Prosecution Court We pray that the Affidavit of Rico Villame, Jr. will be marked as “Exhibit 2° Mark it. We pray that Affidavit of Franklin Faborada will be marked as “Exhibit 3° Mark it We pray that the Affidavit of Geraldine Sumilhig will be marked as “Exhibit 4” Mark it |s that all? Yes, your Honor. Show your documents to the Prosecution Prosecution, Do you admit the genuiness and due execution of Exhibits 1~4of the Defense? We admit the Genuiness and due execution of Exhibits 1-4 of the defense. Witnesses for the Prosecution Rolando Paborada, Franklin Paborada, Either Romero Dalayat or Jeckson Obsioma, Analiza Daanoy, Nick Nick Sablada @eReONe o Dr. Tommy Uy, Prosecution has 6 witnesses Witnesses for the Defense 1. Accused Kag. Rolando Agbo 2. Rico Villame, Jr. 3. Geraldine Sumilhig 4, Franklin Faborada Subayon, Bilar, Bohol Only 3 witnesses? The court takes note of your Exhibits 2 and 3. Who is going to testify on these documents? Police Inspector Julius Ibaoc, as one of our witnesses He will be a common witness? Yes, your Honor. Police Inspector Julius Ibaoc will be a common witness but he will testify on different account. Yes, your Honor. We pray for an additional Affidavit of Artemia Robles 3 days from today, you have to submit the additional affidavit of Artemia Robles and pre-mark as “Exhibit G”Prosecution Court Prosecution Defense Court Defense Court Prosecution Defense Court Defense Defense Court Prosecution We pray that Artemia Robles will be one of our witnesses. Artemia Robles is listed as 6" witness of the prosecution. Theory of the Prosecution Accused NORMAN TORREGOSA commits a crime of less serious physical injuries,Art. 265, committed as follows: That on or about 11:00 o'clock in the morning on April 13, 2011 in the municipality of Bilar, Province of Bohol, Philippines, within the jurisdiction of this court, the said accused, did then and there willfully, unlawfully, and feloniously attack, assault, and wounded one, BALDOMERO MONREAL, JR. by then and there paddling his back with a steel pipe, thereby inflicting the latter closed wound on his upper back, which injuries have require medical attendance for a period of ten to thirty days, and will incapacitate him from performing his customary labor for the same period of time. That the accused is a person in authority or a public officer being a Barangay Captain Contrary to law. Norman Torregosa is innocent of the crime for it was not inflicted by Norman Torregosa and it was self-inflicted. How was seff-infliction happened? The accused held his collar on his shirt to restrain his movement because the accused want him to bring him to the tanod outpost but he struggled so much that the accused constrained tightly gripped his shirt and regarding his injuries at the back, it was caused by his drunkenness because it might have caused by the bamboo fence when he fell down The issue in this case is Whether or not the accused was lifted his neck using a steel pipe and then kicked his feet and paddled his back using a steel pipe or self-inflicted injury. The accused is a Barangay Captain of Subayon, Bilar, Bohol and this serves as an aggravating circumstance. Objection! It is not alleged in the affidavit that the accused is a Barangay Captain Itis alleged in the information, last paragraph. Do you withdraw your objection? I withdraw! Your affidavits did not state about aggravating circumstance Any Arguments along this line? ‘We will stick to our position, the accused is a public officerDefense Court Prosecution & Defense Court Prosecution & Defense Court Clerk of Court Court Prosecution Defense Court Prosecution Defense Court Prosecution Defense Court Prosecution Defense Court Prosecution Defense Court Prosecution Defense Court Prosecution Defense Court The aggravating circumstance should be included in you affidavits! information. Is there a further argument? None, your Honor. The argument of the defense is sustained No plea bargaining and amicable settlement? None, your Honor. Stipulations of Facts from the Prosecution Recess for 5 minutes Session is resume, silence is enjoined Prosecution’s proposal Do you admit the personal circumstances of the complainant? That he is a resident of Subayon, Bilar, Bohol We do not admit because there is no cedula attached to support such. Defense does not admit. Do you admit that during April 13, 2012, 11:00AM, Captain Toreggosa And Baldomero Monreal met at the plaza of Subayon, Bilar, Bohol or they were in the same place? We do not admit that proposition of the prosecutor that they met at the plaza. Not admitted Do you admit that Brgy. Captain Torregosa passed by and approached Baldomero Monreal? Yes, We admit, Admitted Do you admit that during the approach there was no provocation happened on the part of Baldomero Monreal? We do not admit Not admitted Do you admit that Brgy. Captain Torregosa lifted the neck of Baldomero Monreal? No, how was the lifting happened? Still bothered in the lifting of the neck. Was it hand held? Reform your proposal. Do you admit that Brgy. Captain Torregosa lifted the neck of Monreal using the steel pipe? We do not admit. Not admitted. Do you admit that the accused kicked the feet of Baldomero Monreal? We do not admit. Not admitted.Prosecution Defense Court Prosecution Defense Court Prosecution Defense Court Defense Prosecution Court Defense Prosecution Court Defense Prosecution Defense Prosecution Court Defense Prosecution Court Defense Prosecution Court Defense Prosecution Court Defense Do you admit that the accused Paddled the back of Baldomero Monreal using the same steel pipe? We do not admit. Not admitted. We withdraw the proposal. (Do you admit that the accused Paddled the back of Baldomero Monreal using the same steel pipe?) Do you admit that the accused, Norman Torregosa, is a Barangay Captain? Yes. Admitted. Do you admit that Baldomero Monreal sustained a contusion at the back? No. Not admitted Stipulations of Facts from the Defense Do you admit that the accused is a neighbor of the complainant's sister? Yes. They are living in the same Barangay. Admitted. Do you admit there was a drinking session at Jade Salingay? We do not admit Not admitted Do you admit that the Complainant and Jade Salingay had a quarrel Itis in our affidavit Do you admit that the complainant was drunk? We do not admit Not admitted. Do you admit that due to the quarrel, there was a loud noise asking for help? We do not admit Not admitted. Do you admit that the accused approached the house of Jade Salingay. We do not admit because it is a theory that they met at the plaza. Not admitted. Do you admit that the complainant saw Torregosa about to approach the house? We do not admit. Not admitted Do you admit that Torregosa held your complainant's clothes to bring him to the Barangay Outpost?Prosecution Court Defense Prosecution Court Defense Prosecution Court Defense Prosecution Court Prosecution We do not admit. Not admitted. Do you admit that the Complainant had a previous police records regarding alarm in scandal? We do not admit Not admitted Do you admit that the house of Jade Salingay has a bamboo fence? We do not admit. Not admitted. Do you admit that Ronald Sayon and Christopher Ho were in the house of Jade Salingay? We do not admit. Not admitted. That's all your honor.