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Criminal Case Nos. 155678 and 155679 : People of the Philippines, Plaintiff vs.

Jesus Trinidad, Defendant

MOCK TRIAL SCRIPT

RA 10591: Comprehensive Firearms and Ammunition Regulation Act

Criminal Case Nos. 155678 and 155679

People of the Philippines, Plaintiff

vs.

Jesus Trinidad, Defendant

Participants in the Trial:

Presiding Judge
Clerk of Court
Complainant-Witness: PO1 Nidoy as the back-up arresting officer
Prosecution Attorney: Ann Martha Laspiñas
Defense Lawyer: Alyssa Jane Cambronero

Clerk of Court: For the Trial. All rise. RTC Branch 67 is now in session.
The Honorable Shaun Cary Akot presiding. 

Presiding Judge: Thank you. May you all be seated. Call the case. 

Clerk of Court: The Court is now in session. We call on Criminal Case


Nos. 155678 and 155679 Pp vs. Jesus Trinidad, for
violation of Section 28 (a) in relation to Section 28 (e)
(1), Article V of Republic Act No. (RA) 10591:
Comprehensive Firearms and Ammunition Regulation
Act

Presiding Judge: Appearances.

Prosecution Counsel: Your Honor, Ann Martha Laspiñas, counsel for the
prosecution.

Defense Counsel: Your Honor , Alyssa Jane Cambronero, counsel for the
defense.

Presiding Judge: May we now hear the opening statement of the


prosecution.

Prosecution Counsel: Your Honor,

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Criminal Case Nos. 155678 and 155679 : People of the Philippines, Plaintiff vs. Jesus Trinidad, Defendant

Republic Act 10591 or the Comprehensive Firearms


and Ammunition Regulation Act maintains peace and
order and protects the people against violence. It also
recognizes the right of its qualified citizens to self-
defense and regulates the ownership, possession,
carrying, manufacture, dealing in and importation of
firearms, ammunition, or parts . Specifically, Section 28
(a) of the said Act provides that penalty of prision
mayor  in its medium period shall be imposed upon
any person who shall unlawfully acquire or possess a
small arm in relation to Section 28 (e) (1) penalty of
one (1) degree higher than that provided in
paragraphs (a) to (c) for any firearms loaded with
ammunition or inserted with a loaded magazine

This is the case against accused Jesus Trinidad. The


accused was arrested through a buy bust operation
conducted on November 14, 2014. The arresting
officer PO1 Rodrigo J. Nidoy, Jr, upon the arrest,
frisked the accused and recovered a 0.38 caliber
revolver loaded with six (6) live ammunitions tucked at
his back, as well as a 0.22 caliber rifle loaded with
seven (7) live ammunitions and two (2) magazines
found at the back of his house. The reason we ask your
honor the verdict of Guilty for the accused Jesus
Trinidad for violation of Section 28 (a) in relation to
Section 28 (e) (1), Article V of Republic Act No. (RA)
10591: Comprehensive Firearms and Ammunition
Regulation Act

Presiding Judge: Thank you, counsel. The defense would like to give an
opening statement or would like to defer until the
prosecution rests its case.

Defense Counsel: As a person, we are entitled to have a right to due process.


In this case, the defendant, Mr. Jesus Trinidad’s right has
been violated upon the arrest as he was frisked forcefully by
the officer in charge without his consent. This is in contrast
to the claims of the Prosecution with regards to the
violation of Section 28 (a) and (e) of RA 10591 as the
evidence recovered is deemed inadmissible. Thus, we pray
for the acquittal of the defendant.

Parents in the Philippines discipline and punish their


children through the use of corporal or physical
punishment. In this case, the defendant, Mr. Adolfo Suarez,
acting as the parent for the 3 siblings in behalf of their
mother who has gone outside the country to support her

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Criminal Case Nos. 155678 and 155679 : People of the Philippines, Plaintiff vs. Jesus Trinidad, Defendant

child’s needs, called the eldest of the three, Mr. Tristan


Castro, to prepare for their breakfast as the defendant is
exhausted after a long week of work from the construction
site. He is expecting the eldest to be responsible because
there is no one to act as a mother inside the house. After
several attempts of getting his steps son’s attention, his
step son talked back and reasoned out why he woke up late
and wasn’t able to do the chore. Prosecution claims that the
defendant acted in such way that inflicting injuries to his
stepson is an act of violation and abuse and that he is guilty
of violation of Section 5(a) of Republic Act 9262 or the Anti-
Violence Against Women and their Children Act. However
the defense would like to claim that the stepfather, whose
acting in behalf of the parent, imposes discipline as the
system of teaching a child what is and is not appropriate
behavior. The defendant as the acting parent of the child,
has assumed authority or responsibility for discipline. The
act of the defendant is to guide the petitioner in the right
direction. Thus, we pray for the acquittal of the defendant.

Presiding Judge: Thank you, Counsel. For the prosecution, may we now
call in your witness.

Prosecution Counsel: Yes, Your Honor. The prosecution would like to call in
PO1 Rodrigo J. Nidoy, Jr to the witness stand.

Clerk of Court: Can you please raise your right hand? Do you swear to
tell truth and nothing but the truth so help you God.

Complainant-Witness: Yes, I do.

Prosecution Counsel: May I proceed, Your Honor?

Presiding Judge: Proceed.

Prosecution Counsel: Mr. Witness, please state your name and


circumstances.

Complainant-Witness: I am PO1 Rodrigo J. Nidoy, Jr. The arresting officer


who had frisked the accused, Mr. Jesus Trinidad on the
day of his arrest

Prosecution Counsel: Why was Mr. Trinidad arrested on November 14, 2014?

Complainant-Witness: He was selling illegal drugs to our poseur buyer who


was PO1 Randy S. Sanoy.

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Criminal Case Nos. 155678 and 155679 : People of the Philippines, Plaintiff vs. Jesus Trinidad, Defendant

Prosecution Counsel: And up

Complainant-Witness: I was okay with it because my siblings and I had no


father since our biological father left us.

Prosecution Counsel: Were you close with your stepfather?

Complainant-Witness: We were not that close and we only talked on several


occasions because his work required him to stay at the
site most of the time.

Prosecution Counsel: What does your stepfather do for a living?

Complainant-Witness: He is an on call construction worker.

Prosecution Counsel: How about your mother?

Complainant-Witness: She is a Domestic Helper.

Prosecution Counsel: Okay, Mr. Witness, can you recall what happened on
July 10, 2015?

Complainant-Witness: Yes, Ma’am. My mother flew to Hong Kong to work


there. She said that she needed to go there because
the money that she earns from her sari-sari store and
the salary of my stepfather is not enough.

Prosecution Counsel: When your mother left, who took care of you and your
siblings?

Complainant-Witness: We only had our stepfather.

Prosecution Counsel: Did your father still worked during that time?

Complainant-Witness: He still works but on nearby locations only.

Prosecution Counsel: Did you observe any changes in your stepfather when
your mother left?

Complainant-Witness: He’s usually in a bad mood. He often comes home


drunk and mad after work.

Prosecution Counsel: What does he do every time he comes home in that


condition?

Complainant-Witness: He tends to direct his anger towards me.

Prosecution Counsel: Can you specify?

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Criminal Case Nos. 155678 and 155679 : People of the Philippines, Plaintiff vs. Jesus Trinidad, Defendant

Complainant-Witness: Most of the time he slaps and punches me.

Prosecution Counsel: Is your stepfather always like that?

Complainant-Witness: No, Ma’am.

Prosecution Counsel: Can you recall when did it start?

Complainant-Witness: It started a couple of months after my mother left for


Hong Kong.

Prosecution Counsel: Can you recall the first time he got violent?

Complainant-Witness: One night, he came home very late and was knocking
on the door loudly. He was drunk, and he was looking
for food. My siblings were already asleep. He checked
and there was no food on the table and suddenly he
got mad and started yelling at me, then he punched
me on the chest and told me to go to our room. I cried
and slept the pain away.

Prosecution Counsel: Did it happen again? 

Complainant-Witness: Whenever he is in a bad mood, he would beat me.

Prosecution Counsel: Aside from being angry when drunk, are there other
times when he is in a bad mood?

Complainant-Witness: Yes, ma’am. When he makes me do household chores.

Prosecution Counsel: What kind of household chores?

Complainant-Witness: Washing dishes, sweeping the floor and cleaning our


bedrooms and others, Ma’am.

Prosecution Counsel: What does he do?

Complainant-Witness: He would usually shout at me and hit me.

Prosecution Counsel: What do you do every time he hurt you?

Complainant-Witness: I will usually block his punches and slaps.

Prosecution Counsel: Do you still the last time you were hurt by your
stepfather?

Complainant-Witness: It was on September 9, 2018, three days before the

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Criminal Case Nos. 155678 and 155679 : People of the Philippines, Plaintiff vs. Jesus Trinidad, Defendant

arrival of my mother from Hongkong.

Prosecution Counsel: Can you specifically tell this court what happened on
that day?

Complainant-Witness: At around eleven in the morning, I was awakened by


the shout of my stepfather calling me out. He started
scolding me about waking up late.

Prosecution Counsel: What happened after?

Complainant-Witness: I answered him that I slept late the night before


because I have to do some school works.

Prosecution Counsel: After that?

Complainant-Witness: He suddenly lost his temper after I answered and he


slapped me. He then punched me and kicked me hard
in my thighs that I stumbled to the floor. He continued
hitting me while I was lying helplessly.

Prosecution Counsel: Did you think of fighting back?

Complainant-Witness: No, Ma’am. My mother said not to disrespect my


father and I was scared because he is stronger than me
and I am threatened that he will also hurt my siblings. 

Prosecution Counsel: Did you think of reporting it?

Complainant-Witness: Yes, Ma’am but I do not want my mother to worry.

Prosecution Counsel: But your mother was the one who filed the complaint
against your stepfather so how did your mother know
about the situation?

Complainant-Witness: When she went home unexpectedly last September 12,


2018, she noticed my bruises and asked me about it,
so I have to tell her.

Prosecution Counsel: What did your mother do after she finds out?

Complainant-Witness: She confronted my stepfather but he denied it and


they ended in an argument. She then reported it to the
barangay.

Prosecution Counsel: Nothing else, your honor. 

Presiding Judge: Thank you counsel. Will the defense cross-examine the

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Criminal Case Nos. 155678 and 155679 : People of the Philippines, Plaintiff vs. Jesus Trinidad, Defendant

prosecution’s witness?

Defense Counsel: Yes, Your Honor.

Presiding Judge: Proceed.

Defense Counsel: Thank you, Your Honor.

Mr. Witness, according to your statements, you are a


16 years of age, right?

Complainant-Witness: Yes, Ma’am.

Defense Counsel: As a teenager, what do you usually like to do?

Complainant-Witness: I usually like to play online games and hang out with
friends.

Defense Counsel: Do you also like spending time with your family?

Complainant-Witness: Yes, Ma’am.

Defense Counsel: You like spending time with your family yet you are
not close with your stepfather. Why is that so?

Complainant-Witness: I spend more time with my siblings.

Defense Counsel: What about your stepfather? Is he not family?

Complainant-Witness: That is not what I mean.

Defense Counsel: What do you mean by that then? You said like
spending time with your family yet you are not close
with you stepfather.

Complainant-Witness: We have some issues Ma’am because he hits me


sometimes.

Defense Counsel: Is he hitting you repeatedly? Yes or no?

Complainant-Witness: When he’s angry Ma’am.

Defense Counsel: I just need a yes or a no.

Complainant-Witness: Yes.

Defense Counsel: So yes. Repeatedly, like everyday?

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Criminal Case Nos. 155678 and 155679 : People of the Philippines, Plaintiff vs. Jesus Trinidad, Defendant

Complainant-Witness: No Ma’am. Just often.

Defense Counsel: So how often is often?

Complainant-Witness: Every time he is angry.

Defense Counsel: Is he angry everyday?

Complainant-Witness: No Ma’am, it is when I don’t follow what he wants me


to do.

Defense Counsel: What does he want you to do?

Complainant-Witness: Household chores like preparing meals and cleaning


the house.

Defense Counsel: Is following your stepfather’s order against your will?

Complainant-Witness: Sometimes when I’m busy.

Defense Counsel: What makes you busy?

Complainant-Witness: School works that I need to finish.

Defense Counsel: When do you have school works?

Complainant-Witness: On school days only, Ma’am.

Defense Counsel: What about weekends?

Complainant-Witness: I sometimes take a rest from school works.

Defense Counsel: Rest in what particular way?

Complainant-Witness: I usually play with my phone and bond with my friends

Defense Counsel: Where?

Complainant-Witness: My friend’s house or the plaza.

Defense Counsel: You don’t stay at your house?

Complainant-Witness: Sometimes only Ma’am because I want to spend time


with my friends.

Defense Counsel: So, when are you not busy and do household chores?

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Criminal Case Nos. 155678 and 155679 : People of the Philippines, Plaintiff vs. Jesus Trinidad, Defendant

Complainant-Witness: It depends, Ma’am.

Defense Counsel: So, when are those times that you do household
chores?

Complainant-Witness: When my stepfather tells me to do it.

Defense Counsel: Okay. Now, according to what happened last


September 9, 2018, your father hit you, right?

Complainant-Witness: Yes, ma’am.

Defense Counsel: It was a Sunday, right?

Complainant-Witness: Yes, Ma’am.

Defense Counsel: You also stated that you finished all of your school
works night before?

Complainant-Witness: Yes, Ma’am.

Defense Counsel: So that very morning of September 9, 2018, you were


free and has no school works to do, which also
according to you, supposedly enables you to do
household chores.

Complainant-Witness: Yes, Ma’am.

Defense Counsel: That’s all, Your Honor.

Presiding Judge: Okay. Counsel for the Prosecution, would you like to
do a direct-cross examination.

Prosecution Counsel: No, Your Honor.

Presiding Judge: Now, are you ready with the final statements?

Prosecution Counsel: Yes, Your Honor.

Defense Counsel: Yes, Your Honor.

Prosecution Counsel: Your Honor, it is to be proven before this court that


Tristan, a minor who was left under the care of his
stepfather while his mother was away to work on
foreign countries, was physically abused by the same
man he can call his father. The statements of Tristan
provided us with an insight on his values and innocent
mind. Tristan cared deeply for his family especially his

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Criminal Case Nos. 155678 and 155679 : People of the Philippines, Plaintiff vs. Jesus Trinidad, Defendant

mother. He, who was only hoping for affection and


love from his father, was repeatedly abused. The
abuse, which he tried to hide for the protection of his
mother and siblings, was unfolded by his own mother.
Based on the statements and evidences shown, the
Honorable Court must find the accused guilty.

Defense Counsel: Your honor, the accused, Adolfo suarez is entrusted to be


the person who will correct and each every mistake of his
step son in the absence of his biological mother. He is not a
perfect person, who is? But one thing is for sure, that he
cares for his family that he treats them as his own, inflicting
injuries to his step son as what the prosecution assails does
not constitute violence neither abuse but a way to discipline
a child for their own benefit. Therefore I ask the Honorable
Court to deliver a verdict that is both just and
understanding.

Presiding Judge: Court is adjourned.

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Criminal Case Nos. 155678 and 155679 : People of the Philippines, Plaintiff vs. Jesus Trinidad, Defendant

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Criminal Case Nos. 155678 and 155679 : People of the Philippines, Plaintiff vs. Jesus Trinidad, Defendant

MOCK TRIAL SCRIPT


RA 10591: Comprehensive Firearms Regulation and Ammunition
Regulation Act

Criminal Case Nos. 155678 and 155679

People of the Philippines, Plaintiff

vs.

Jesus Trinidad, Defendant

Presented by:

Flores, Freyja

Tolentino, Phaul Rey

Yap, Nathalie Jean

(Juris Doctor I-D)

Presented to:

Atty. Shaun Cary M. Akot


Criminal Case Nos. 155678 and 155679 : People of the Philippines, Plaintiff vs. Jesus Trinidad, Defendant

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