PRE-TRIAL SCRIPT

CHARACTERS:

Judge - Crispin Simoun P. Cercado

Prosecution Counsel – Ruben R. De Asis

Defense Counsel – Jellen Sus

Clerk of Court – Jane De Veyra

Clerk of Court: All rise! Honorable Judge Crispin Simoun P. Cercado 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)

PRE-TRIAL

(Tatayo Clerk of Court, Public Prosecutor Atty. Ruben De Asis, Court Interpreter,
Accused and Defense Counsel Atty. Jellen Sus pag linya ninyo na.)

Clerk of Court: For arraignment: Criminal Case No. B-18-06-12 Sps. Allan and Anna
Reid vs. SPS Mary and James Thin and Pedro Bacsal for RECOVERY OF
OWNERSHIP AND POSSESSION, QUIETING OF TITLE, AND DAMAGES

Clerk of Court: Appearances for prosecution and the defense.

PROSECUTION: Your honor, I am Atty. Ruben De Asis appearing as a private

prosecutor under the direct control and supervision of the public prosecutor. Ready your
honor.

DEFENSE: Your honor, I am Atty. Jellen Sus appearing as defense counsel of the
accused. Ready your honor.

JUDGE: Now,will the distinguished counsel of the accused admit the following facts as
appearing in the pre-trial brief of the prosecution:

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Q: Does the accused admit to be the same Mary M. Thin that is the person
being accused to allegedly illegally possessed the land?

DEFENSE: Yes, your Honor.

Q: Does the accused admit that she claim possession over the lot in dispute??

DEFENSE: Yes, your Honor.

Q: Does the accused admit he has no right or claim over the land in dispute?

DEFENSE: No, your Honor.

Q; Does the accused admit the jurisdiction of this court?

DEFENSE: Yes, your Honor.

JUDGE: Please take note of this stipulations, Clerk of Court. Does the prosecution
have any comments?

PROSECUTION: No, your Honor.

JUDGE: Now we proceed to the evidences and witnesses to be presented by both

parties. Prosecution counsel may start.

PROSECUTION: I have here with me your Honor documentary and object evidences
which I move to be marked as Exhibit 1 to Exhibit 12.

Your honor, Exhibit 1 is the Original Certificate Title No. T-11445 to prove the
ownership of the private complainant over the land in dispute.

JUDGE: Mark it.

PROSECUTION: Exhibit 2, your Honor is Tax Declaration No. 2015-07-0034-00409 to

prove payment of taxes of the private complainant of the tax dues of the land in
dispute.

JUDGE: Mark it.

PROSECUTION: I will now proceed with Exhibit 3, your Honor which is the Judicial
Affidavit of our first witness, GEORGE R. STRUNK to prove that private complainant
was restrained inside the private vehicle he was driving. Your Honor, we also
respectfully request that the name and signature of GEORGE R. STRUNK appearing on
the last page of the document be marked as our “Exhibit 3-a”.

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JUDGE: Have it marked.

PROSECUTION: For Exhibit 4, your Honor, is the .22 caliber Smith & Wesson to prove
that private complainant was restrained by the accused with the same gun.

JUDGE: Have it marked.

PROSECUTION: Another Judicial Affidavit taken from private complainant’s

immediate boss, LIZA L. LAUREANO who is our second witness and is being
presented as Exhibit 5, your Honor to prove the extortion of the Php300,000.00 by
the accused from the private complainant. Your Honor, we also respectfully request
that the name and signature of LIZA L. LAUREANO appearing on the last page of the
document be marked as our “Exhibit 5-a”.

JUDGE: Have it marked.

PROSECUTION: Exhibit 6, your Honor is the Judicial Affidavit of our 3rd and last
witness, LINDA L. SANTOS aka “Inday” to prove that private complainant was
abducted by accused and to show the incidence of extortion of money in exchange for
her release. Your Honor, we also respectfully request that the name and signature of
LINDA L. SANTOS appearing on the last page of the document be marked as our
“Exhibit 6-a”.

JUDGE: Any further comments counsels?

PROSECUTION: Just for the record your honor, I have three (3) witnesses.

DEFENSE: Your Honor, we would like to manifest our reservation for the cross-
examinations of the private complainant and the three witnesses.

JUDGE: Ms. Clerk of Court, please take note. Are there any additional exhibits and
witnesses to be presented prosecution counsel?

PROSECUTION: None, your Honor.

JUDGE: Counsel for the defense, please proceed with your evidences and witnesses
to be presented.

DEFENSE: Thank you, your Honor. I have with me the Judicial Affidavit of Accused as
Exhibit 1 to prove that there was no kidnapping and that private complainant
voluntarily accompanied accused being the “ninang” (godmother) in his wedding.
Your Honor, we also respectfully request that the name and signature of JUAN P.
KIDNAPERO appearing on the last page of the document be marked as our “Exhibit 1-
a”.

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JUDGE: Have it marked.

DEFENSE: Exhibit 2 your Honor is the Judicial Affidavit of ANA B. KIDNAPERO as our
second witness to corroborate the testimony of the accused that they asked for
financial assistance from private complainant and no extortion was made by him.Your
Honor, we also respectfully request that the name and signature of ANA B. KIDNAPERO
appearing on the last page of the document be marked as our “Exhibit 2-a”.

JUDGE: Have it marked. Are there any additional exhibits and witnesses to be
presented defense counsel?

DEFENSE: That would be all your Honor. Thank you.

PROSECUTION: Just the same your Honor, we would like to manifest our reservation
for the cross-examinations of the private complainant and the three witnesses.

JUDGE: Any further comments counsels?

DEFENSE & PROSECUTION: None your Honor.

JUDGE: There being no other evidence to mark and witnesses to be presented, set the case for
pre-trial on April 5, 2018 at 4 pm. Session adjourned.

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