4PMock Trial, Court Testimony

Arraignment, Pre-trial and Presentation of the Prosecution of the witnesses

Clerk of Court : All rise! Court is now is in session. Silence is hereby enjoined. Judge
[Verna O. Christine V. Vallespin of RTC 204, Muntinlupa City, presiding.
Ombao]

Presiding Judge : Call the case.

Clerk of Court : Criminal Case No. 0324-18; People of the Philippines vs. Barco, Juno
Mayer L. for the Arson.

Presiding Judge : Appearances.

Prosecutors : Prosecutors Rocely B. Morie and Felix Eduardo N. Sibulo appearing for
the Republic, ready Your Honor.

Defense Counsel : Atty. John Mark T. Maala and Coleen T. Galang appearing for the
defense, ready Your Honor.

Presiding Judge : Is the accused here in Court?

Clerk of Court : Yes Your Honor.

Presiding Judge : Arraign the accused.

Defense Counsel Your Honor, we want the Information to be interpreted in Tagalog

dialect; accused in not well-versed in English language.

Presiding Judge : Okay. Mr. Accused wait for the translation of the interpreter before you
answer.

Proceed with the arraignment of the accused.

Clerk of Court : [Accused assisted by counsel and proceed at the Center in front of the
Judge, escorted by two correctional officers]

You are the accused in Criminal Case No. 0324-18, entitled People of the
Philippines vs. Barco, Juno Mayer L. The information charged you of the
crime of arson, committed as follows:

That on or about 10:00 o’clock in the evening, December 5, 2017, in the

City of Muntinlupa and within the jurisdiction of this Honorable Court,
accused Barco, Juno Mayer L. did then and there, willfully and
feloniously set on fire the house of Steven M. Sandagon, located at 69
Pleasant, Bayanan, Muntilupa city, by throwing lighted socks soaked in
gasoline, after applying gasoline to the walls of house kitchen, to the
damage and prejudice of Steven M. Sandagon in the amount of 2M pesos.

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4PMock Trial, Court Testimony
Arraignment, Pre-trial and Presentation of the Prosecution of the witnesses

CONTRARY TO LAW.

What is your plea?

Interpreter : Ikaw ay akusado sa kasong kriminal na may bilang 0324-18, may

[Ian B. Conde] pamagat na Sambayanang Pilipinas laban kay Barco, Juno Mayer L. Ang
pabatid-sakdal ay ihinabla ka ng kasong panununog, na iyong isinagawa
sa pamamagitan ng mga sumusunod:

Na noong humigit kumulang ika-sampu ng gabi, petsa Disyember 5,

taong 2017, sa siyudad ng Muntinlupa at saklaw ng nasasakupang
kapangyarihan ng Kagalang-galang na Hukuman, ang nasasakdal ay
sinadya at labag sa batas na sinunog ang bahay ni Steven M. Sandagon,
na matatagpuan sa 69 Pleasant, Bayanan, Muntilupa City, sa
pamamagitan ng pamumukol ng nagliliyab na medyas na basa ng
gasoline, pagkaraang basain ng gasoline ang dingding ng kusina ng
bahay, sa kapinsalaan ng nabanggit na si Steven M. Sandagon sa
halagang 2M piso.

LABAG SA BATAS.

Ano ang iyong sagot?

Accused [Barco] : Wala po akong kasalanan. Hindi ko po magagawa yan.

Interpreter : I have no fault; I will not do that.

Presiding Judge : Plea of Not Guilty is entered for the accused.

[talking to the escorts] Officers assist the accused to his seat.

Proceed with the pre-trial. We will have continuous trial because this is
the only case now in this court.

Is there any plea bargaining agreement?

Defense Counsel : Your Honor, the defense does not want to enter into any plea bargaining
[Mark T. Maala] agreement.

Prosecutor : We submit your Honor.

[Felix Eduardo
N. Sibulo]

Presiding Judge : Okay proceed with the pre-trial conference.

Prosecution presents your exhibits.

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4PMock Trial, Court Testimony
Arraignment, Pre-trial and Presentation of the Prosecution of the witnesses

Prosecutor : Your Honor please, we request for the markings of the following exhibits;
[Rocelyn B. (1) Exhibit “A” to “A-3”; Affidavit of the Complainant Steven M.
Morie] Sandagon, consisting of 3 pages, to prove the circumstances
surrounding the setting of fire of his house and to prove that the
guilt of the accused
(2) Exhibit “B”; Investigation Report of the Fire Investigator Janine K.
Bantilo to prove the cause of gasoline.

That is all for now your honor. The prosecution reserves to present
additional exhibits, your honor, in the course of proceedings. Thank you
Your Honor.

Presiding Judge : Alright, it depends on my sound discretion whether I will accept

additional exhibits.

Proceed with stipulation of facts.

Prosecutor : Thank you Your Honor.

[Morie]
Will the accused through the defense counsel admit the jurisdiction of the
Honorable Court.

Defense Counsel : Admitted.

[Galang]

Prosecutor : Will the accused through the defense counsel admit the identity of
[Morie] accused

Defense Counsel : Admitted.

[Galang]

Prosecutor : Will the accused through the defense counsel admit the identity of the
[Morie] victim?

Defense Counsel : Admitted.

[Galang]

Prosecutor : Will the accused through the defense counsel admit the date, place, and
[Morie] time of the incident.

Defense Counsel : Admitted.

[Galang]

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4PMock Trial, Court Testimony
Arraignment, Pre-trial and Presentation of the Prosecution of the witnesses

Prosecutor : Will the accused through the defense counsel admit that the cause of fire
[Morie] is intentional burning using gasoline?

Defense Counsel Not admitted.

[Galang]

Prosecutor : That would be all Your Honor.

[Morie]

Presiding Judge : Okay. Proceed with the witnesses to be presented during trial.

Prosecutor : Your Honor please, the prosecution will present two only two witnesses,
[Morie] namely: (1) Steven M. Sandagon for the purpose of narrating what
happened on the night of incident on December 5, 2017; and (2) Janine K.
Bantillo to testify on the result of her investigation.

That would be all Your Honor.

Presiding Judge : Defense proceed with the Markings of Your Exhibits.

Defense Counsel : Thank you, Your Honor.

[Galang]
The defense would like to present the following exhibits for the defense.
(1) Certified copy of the Guest Book from Sogo, Alabang, consisting
of one page only, to be marked as Exhibit “1”; the entries in
Number 1 thereof; (“Juno Mayer Barco) be marked as Exhibit “1-
A”; the time and date “4:00pm and December 5, 2017” be marked
as Exhibit “1-B”; and, the signature of the accused to be marked as
Exhibit “1-C”.
(2) Sworn-Affidavit of Maria Gabriela V. Palo – consisting of three
pages – to be marked as Exhibit “2”; the second page as Exhibit
“2-A”; the page three thereof as Exhibit “2-B”; and, her name and
signature at the bottom of page 3 as Exhibit “2-C”.
(3) Unaccomplished Sogo’s Cashier’s Key Monitoring Form as
Exhibit C.
(4) Certified copy of accomplished Cashier’s Keys Monitoring Form
consisting of 1 page, to be marked as Exhibit “4”; the date of
December 5, 2017 as Exhibit “4-A”; the ROOM, TIME IN/OUT,
and CASHIER’S SIGNATURE, all entries, in No. 3 thereof, to be
marked, as Exhibit “4-B”, “4-C” and “4-D’’, successively.

That is all Your Honor.

Presiding Judge : [talking to clerk of court] Marked it all accordingly.

Proceed with stipulation of facts.

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4PMock Trial, Court Testimony
Arraignment, Pre-trial and Presentation of the Prosecution of the witnesses

Defense Counsel : The defense would like to propose a single stipulation, that is, will the
[Galang] prosecution admit that on the date and time of the incident, the accused
is not at the scene of the crime

Prosecutor Not admitted

[Morie]

Defense Counsel That would be all Your honor.

[Galang]
The defense Your Honor will present two witnesses.
(1) Ms. Gabriela Palo, the girlfriend of the accused to prove that on
the date and time of the incident, they were billeted at Sogo,
Alabang, celebrating their anniversary;
(2) Ms. Jessa Mae Abendan, Cashier at Sogo, to prove that indeed
accused and her girlfriend billeted at Sogo, Alabang from 4:00pm
of December 5, 2017 to 4:00am of December 6, 2017.

That would be all your honor but the defense would like to manifest
Your Honor to make reservation for the presentation of additional
witnesses as the need arises in the course of the trial Your Honor.

Presiding Judge : Let us proceed with the Trial.

Prosecution, call your first witness.

Prosecutor : Your Honor the prosecution would like to call Complainant Steven M.
[Sibulo] Sandagon to the witness stand.

Presiding Judge : Mr. Steven M. Sandagon to the witness stand.

Swear in the witness.

Clerk of Court : Please raise your right hand. Do you swear to tell the truth and nothing
but the truth in this proceedings?

Witness : Yes mam.

[Sandagon]

Prosecutor : Your Honor, prosecution would like to offer the testimony of Steven M.
[Sibulo] Sandagon to prove the following: (1) that on the date and time of the
incident, he saw the accused throwing burning socks that landed in the
wall of his kitchen’s house; (2) that the fire spread rapidly and gutted his
entire house; and (3) that shortly before the fire he had smell gasoline
fumes.

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4PMock Trial, Court Testimony
Arraignment, Pre-trial and Presentation of the Prosecution of the witnesses

Your Honor, may I approach the witness stand?

Presiding Judge : Okay

Prosecutor : Mr. witness, please state your name and other personal circumstances.
[Sibulo]

Witness : I am Steven Sandagon, of legal age, presently residing at No. 69 Pleasant,

[Sandagon] Bayanan, Muntinlupa City.

Prosecutor : Mr. witness, do you know Mr. Juno Mayer Barco, the accused in this
[Sibulo] instant case?

Witness : Yes sir. I know him.

[Sandagon]

Prosecutor : How long have you known him?

[Sibulo]

Witness : For three years sir, since he moved in our community.

[Sandagon]

Prosecutor : In the evening of December 5, 2017, at around 10:00pm, where were you?
[Sibulo]

Witness : I was at the Basketball Court sir chatting with my friends.

[Sandagon]

Prosecutor : How far is the basketball court to your house?

[Sibulo]

Witness : About 500meters sir.

[Sandagon]

Prosecutor : Have you recalled something unusual on the evening of December 5,

[Sibulo] 2017, on or about 10:00pm?

Witness : Yes sir. I vividly recalled that date and time; it was the date and time that
[Sandagon] my house was gutted by fire.

Prosecutor : Mr. witness, what did you notice before your house was gutted by fire, if
[Sibulo] any?

Witness : Sir, me and my three friends had smell fumes of gasoline. So we parted
[Sandagon] our ways to check where it came from. But as I headed to my house, I
saw Juno Mayer Barco threw a burning sock at the walls of my kitchen,

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4PMock Trial, Court Testimony
Arraignment, Pre-trial and Presentation of the Prosecution of the witnesses

then fires immediately spread out.

Prosecutor : How do you know that it was sock?

[Sibulo]

Witness : Sir, when I immediately rushed to pour water, the sock that was threw at
[Sandagon] the wall of my house’ kitchen was bounced on the alley. I poured water
on it and that the time I knew it was sock soaked in gasoline sir.

Prosecutor : What happened to your house?

[Sibulo]

Witness : Sir my house was gutted by fire. The spread of fire was too rapid; when
[Sandagon] the fire truck arrived, nothing was left. My neighbor was lucky because
the fire truck arrived on time, otherwise their house will also be gutted
fire sir.

Prosecutor : What did you do, if any, after the fire?

[Sibulo]

Witness : Sir, I reported to the fire investigator what I saw and handed over to
[Sandagon] them the sock.

Prosecutor : Did you save something from the fire?

[Sibulo]

Witness : Nothing sir. Everything was gutted by fire.

[Sandagon]

Prosecutor : Are you leaving alone?

[Sibulo]

Defense Counsel Objection, leading.

[Galang]

Presiding Judge : Sustained. Counsel, avoid asking leading questions. Start with “Wand H”
questions.

Prosecutor Who is with you in the house?

[Sibulo]

Witness I am leaving alone sir. My wife is working in Australia.

[Sandagon]

Prosecutor : How about your children?

[Sibulo]

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4PMock Trial, Court Testimony
Arraignment, Pre-trial and Presentation of the Prosecution of the witnesses

Witness : We do not have children yet sir, I am waiting for the petition paper sir.
[Sandagon]

Prosecutor : When was your house constructed?

[Sibulo]

Witness : Five years ago sir or on 2013 sir.

[Sandagon]

Prosecutor : How much did you spend for the construction of your house?
[Sibulo]

Witness : 1.2M pesos sir.

[Sandagon]

Prosecutor : What are the appliances in your house?

[Sibulo]

Witness : Sir the usual appliances. Washing machine, flat screen television, Magic
[Sandagon] Sing, two speakers 500w each, gas range, refrigerator and personal things
like shoes, pants, shirts and polo, among others.

Prosecutor : How can you assure that it was Juno Mayer Barco who set your house on
[Sibulo] fire?

Witness : I knew him sir. I always see him passing our street and sometimes I play
[Sandagon] basketball with him.

Prosecutor : No further question your honor.

[Sibulo]

Presiding Judge : Is there any cross?

Defense Counsel : Mr. witness, is it not a fact that you did not see Mr. Barco poured gasoline
[Maala] in your house kitchen, am I correct?

Witness : That is correct sir.

[Sandagon]

Defense Counsel : Is it not also a fact that the distance of basketball court from your house is
[Maala] 500meters, is that correct?

Witness : Yes sir.

[Sandagon]

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4PMock Trial, Court Testimony
Arraignment, Pre-trial and Presentation of the Prosecution of the witnesses

Defense Counsel : Mr. witness, please describe before this court the condition of light from
[Maala] basketball court to your house.

Witness : There is a post lamp sir on the road between the basketball court and my
[Sandagon] house sir.

Defense Counsel : So it is correct to state that at 10:00 pm your house was not that
[Maala] illuminated, am I correct.

Witness : Yes sir.

[Sandagon]

Witness : No further question Your Honor.

[Sandagon]

Presiding Judge : [looking to the prosecutor] Any redirect?

Prosecutor : Yes, thank you Your Honor.

[Sibulo]
Mr. witness, how far is the distance when you saw the accused threw
burning socks to your house?

Witness : More or less 50 meters sir.

[Sandagon]

Prosecutor : No further Question your Honor.

[Sibulo]

Presiding Judge : Any re-cross.

Defense Counsel None Your Honor.

[Maala]

Presiding Judge : Witness is now excused.

Prosecution, call your next witness.

Prosecutor : Your Honor please the prosecution would like to call the Fire Investigator
[Morie] FO3 Janine K. Bantilo to the witness stand.

Presiding Judge : FO3 Janine K. Bantilo is called to the witness stand.

Swear in the witness.

Clerk of Court : Please raise your right hand. Do you swear to tell the truth and nothing
but the truth in this proceedings?

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4PMock Trial, Court Testimony
Arraignment, Pre-trial and Presentation of the Prosecution of the witnesses

Witness Yes mam.

[Bantilo]

Your Honor, prosecution would like to offer the testimony of FO3 Janine
K. Bantilo to prove the following: (1) that socks recovered from the fire
scene was soaked in gasoline; (2) that the fire was intentional; and (3) that
immediate and proximate caused of fire was gasoline.

Your Honor, may I approach the witness stand?

Presiding Judge : Okay

Prosecutor : Mr. Officer, how long are you serving in the fire investigation section?
[Sibulo]

Witness : For almost 15 years sir.

[Bantilo]

Prosecutor What is your educational attainment?

[Sibulo]

Witness : I am a licensed chemist sir and a member of Philippine Society of

[Bantilo] Chemistry.

Prosecutor : On December 5, 2017, you conducted an investigation on the fire

[Sibulo] incident that occurred in 69 Pleasant, Bayanan, Muntinlupa City, what
was the result of the investigation?

Witness : Sir, the fire that gutted the house at 69 Pleasant, Bayanan, was
[Bantilo] intentional.

Prosecutor : Why do you say that the fire was intentional?

[Sibulo]

Witness : Sir, recovered burned sock from the scene of the crime was test positive
[Bantilo] for gasoline. Also the samples of ashes taken in three locations were also
test positive for gasoline.

Prosecutor : No further question your honor.

[Sibulo]

Presiding Judge : Is there any cross?

Defense Counsel : No cross your Honor.

[Galang]

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4PMock Trial, Court Testimony
Arraignment, Pre-trial and Presentation of the Prosecution of the witnesses

Presiding Judge : Is there witness to be presented by the prosecution?

Prosecutor None your Honor. We rest our case Your Honor subject to the submission of
[Sibulo] written formal offer of evidence.

Presiding Judge : Since the prosecution had rested its case, it is now the defense turn to present
their case.

Defense counsel, call your first witness to the stand.

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