MOCK TRIAL SCRIPT

CRIMINAL CASE NO. 24689

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

CHARACTERS:

1. Prosecution Counsel
2. Prosecution Counsel
3. Complainant
4. Server in the Cafeteria (prosecution witness)
5. Maid (prosecution witness)
6. Expert Witness
7. Defense Counsel
8. Defense Counsel
9. Accused
10. Expert Witness
11. Defense witness
12. Judge
13. Court Clerk
14. Court Stenographer
15. Court tInterpreter
16. Police Officer 1
17. Police Officer 2
18. Police Officer 3
19. Police Officer 4
20. Police Officer 5
21. Police Officer 6

TRIAL

CLERK OF COURT: Please rise: the Regional Trial Court, Branch 28 is now in session, the
Honorable Judge ________presiding

JUDGE: Thank you, you may all be seated. 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?

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

JUDGE: is the defense ready?

DEFENSE ATTORNEYS: (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 moral 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 __________________________________________________.
The reason we ask you your honor, the verdict of lacking

DIRECT EXAMINATION OF WITNESS BY 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 __________________ 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: Yes I will

PROSECUTION: Ms. Witness please introduce yourself.

WITNESS: I am ______________, a server in the Fast Break Cafeteria.

PROSECUTION: Ms. Witness, will you please tell on this honourable court where you were on
August 3, 2019 at around 2:00 in the afternoon?
WITNESS: I was in the fast break cafeteria serving our customers.

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

WITNESS: 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: what happen next?

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

PROSECUTION: what happen next?

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

PROSECUTION: did something happen, if any?

WITNESS: 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 honourable court if you are familiar
with those clothes.

WITNESS: 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: Yes

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

WITNESS: (point at ysmael)

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

WITNESS: (point at jonson)

PROSECUTION: how about these white t-shirts?

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

PROSECUTION: What happen next?

WITNESS: 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?

ATTY: Yes your honor.

CROSS EXAMINATION OF WITNESS

JUDGE: Re-direct?

PROSECUTOR: No your honor

JUDGE: Ms witness you may step down. Call your next witness
PROSECUTOR: I am calling on ms. Witness. 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: Yes I am

JUDGE: Proceed

P: Do you know the Ms. Eva?

W: Yes

P: how are you related to her?

W: I am their maid.

P: where were you at around 7:00 in the evening on August 3, 2019?

W: I was in the house of Ms. Eva

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

W: I was in the CR in the kitchen

P: did something happen at that time?

ATTY: objection, your honor! Question is leading

JUDGE: sustained

P: what happened in the house?

W: while I was inside the CR, I heard noises and voices of men

P: can you recall what you have heard?

W: 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”

P: what happen next?

W: 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.

P: is the one holding the knife present in this court?

W: Yes

P: can you point to that person?

W: (point at jonson and ysmael)

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

W: (point at macky, ryan and jamiel)

P: what happen next?

W: 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?

ATTY: Yes your honor.

CROSS EXAMINATION OF 2ND WITNESS

Judge: Any re-direct?

Prosecutor: None, Your Honor.
Court interpreter: Witness you may now be excused.

DIRECT EXAMINATION OF DR _________________

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

Judge: Call your next witness, counsel.

Prosecutor: Our third witness Your Honor, is Dr. ________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?
Witness: Yes, I do.

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

DR: I am Dr. __________a resident of ___________. I am a Medico-Legal Officer of NBI,

Cabanatuan City.

Court Interpreter: Your witness, counsel.

Prosecutor: We Offer the testimony of Dr. __________________. 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.__________. Where did you
finish your medical degree?

DR:UST Manila

PROSECUTOR: When did you graduate?

DR: 2010

PROSECUTOR: are you a licensed physician?

DR: Yes

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

DR: in 2012
PROSECUTOR: Where are you presently connected?

DR: I’m presently connected with the Wesleyan Hospital located in Cabanatuan City

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

DR: I have been employed there since 2015

PROSECUTOR: what is your present designation?

DR: I’m presently an emergency physician in said institution

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

DR: 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: 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 Wesleyan
Hospital?

DR: Yes.

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

DR: About 7:50 in the evening of August 3, 2019

P: what happen when you attended to her?

DR: I declared her as Dead On Arrival

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

A: Yes.

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

P: There is a signature above the typewritten name Dr. ___________, do you know whose
signature is this doctor?
DR: 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: 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: it was a kitchen knife

PROSECUTOR: that is all your honor

JUDGE: cross?

ATTY: Yes your honor.

CROSS EXAMINATION OF DR__________

Re-direct:

JUDGE: Re-cross?

ATTY. ___________: No re-cross, Your Honor.

JUDGE: Mr. Witness, you may step down.

 DIRECT EXAMINATION OF PO3 SAHAGUN

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

Judge: Call your next witness, counsel.

Prosecutor: Our fourth witness Your Honor, is PO3 sahagun. The police officer 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?

Witness: Yes, I do.

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

DR: I am PO3 Sahagun, a resident of Aliaga. I am a member of the Philippine National Police,
who is presently assigned at the Cabanatuan City.

Court Interpreter: Your witness, counsel.

Prosecutor: We Offer the testimony of PO3 Sahagun as a corroborative evidence to formally

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

Judge: Proceed

P: where were you at around 7:00 in the evening?

PO: I was in the Brgy. Bitas Cabanatuan City, conducting a checkpoint

P: what happened during that time

PO: while we are on duty, it was radioed to us that a killing incident transpired near in the place
of our duty. Then we responded immediately after that.

P: what time did it came to your knowledge about the killing incident?
PO: it was around 7:30 in the evening

P: what happened next?

PO: when we went to the place where the killing transpired, a certain (1st witness) and (maid)
told us that the deceased was already brought to the hospital. Then upon our 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, (1st witness), heard that the aforementioned five workers planned to kill
the victim to seek revenge against the latter for relieving them from their duties

P: after your investigation, what did you do next?

PO: I immediately called a backup to proceed against the accused because it also came to our
knowledge that the accused were renting a boarding house. Then we and (1st witness) went to the
boarding house of the accused. When we arrived at the place, we saw three of them who are
about to escape. Two of them was still inside the boarding house. When we went inside the
boarding house, we saw some clothes that are filled with blood stains and we also saw two
knives with blood stains. We then arrested the accused after informing them of their Miranda
rights

P: I am showing you the evidences 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?

PO: 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?

ATTY: Yes your honor.

CROSS EXAMINATION OF PO3 SAHAGUN

X

X
 X

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 Fwhite 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._________

Exhibit M-1 is the signature of Dr. ______________ 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?

ATTY. ____________________:

As to Exhibits x x x x x

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.
Defense: For our first witness, Your Honor, we would like to call to the witness stand, the
accused_________
X

Up to last witness

Formal Offer of Evidence of Defense

ATTY: Your Honor, we are now resting the case for the defense.

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

ATTY.: We can now formally offer our evidence Your Honor.

JUDGE: Proceed.

ATTY:
Exhibit 1 x x x x
X
X
X
x

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, it shows that Ms. __________
intentionally poisoned Ms. ___________ because of her intense feelings for Mr. __________
which made her jealous. 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___________________ 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.

(Ms. __________ stand along with their lawyers)
You may read the verdict.

Clerk of Court: (THEY READ VERDICT BELOW or FROM THEIR VERDICT

FORM)
*****************************************************
(As to each charge, check whether guilty or not guilty)
Clerk of Court: As to the charges against Ms. __________ , your honor, we find as follows:
Ms, Benedito is:
Guilty_______ Not Guilty_____ for the crime of Frustrated Murder.
******************************************************
Judge: Thank you everyone.
Clerk of Court: Court is adjourned. Order in the court.

(All rise as the judge exits the courtroom)