Group 6 Criminal Case

Part I: Case Story

Case: Murder

Characters:

Kanya East – Victim

Johnny Sims– Accused- Canada

Pepe Montalban- Witness For the Accused- Galvan

Atty. Mike Khaliffa- Counsel for Defense – Cruda

SPO3 Bryan Matulis- arresting officer- Hintay

Randolf Hitler- Witness for Prosecution- Galvan

Sherlock Holmes- medico-legal officer- Canada

Story: This occurred in Dark Room, a bar in Espanya, Sampaloc Manila. Johnny Sims and Pepe
Montalban (characters of Canada and Galvan) are drinking on a corner. The victim then
approached them and had a conversation, up to the point that the victim sat with them. After a
few minutes, as observed by guard, Randolf Hitler, the victim was lying on the floor, with blood
all over the ground, he then called the police. SPO3 Bryan Matulis then came and arrested Johnny
Sims.

Post mortem examination then was done by medico-legal officer Sherlock Holmes. To which he
attested that the victim sustained 8 stab wounds.

Stab wounds:

2- chest

2- neck

2- groin

2-legs

Atty Mike Khaliffa, a private lawyer puts up self defense as a matter of defense. As witness Pepe
Montalban and corroborated by the accused, the victim was shouting invectives at them, insulting
specifically Johnny Sims. A violent argument then occurred (violent, sigawan, wala naming
physical). Pepe Montalban tried to stop the 2 then, Johnny Sims in the heat of anger pulled out his
pocket knife and stabbed the victim multiple times.

The case was then filed before The RTC Manila branch 18.
 The charged crime is muder, as prosecutor I’ll be asking for damages.

Part II: Order of trial

1. Reading of information

2. Entering of Plea

3. Presentation of evidence. Note that since the defense has invoked self defense as a matter of
defense, defense will present its evidence first

Part III: Reminders

 Remember the elements of self defense. Most specially remember the requisites of unlawful
aggression as discussed in the case of people vs Fontanilla.
o Requisites of unlawful aggression
 There must be a physical/material attack/ assault
 The attack/ assault must be actual or atleast imminent
 The attack or assault must be unlawful.
 Note that the weapon used in this case is a pocket knife
 The accused here will be convicted guilty because there is no unlawful aggression
 Note na madilim yung lugar
o Sa revised penal code check article 248, among the thing that would qualify the crime
from homicide to murder, besides from evident premeditation is treachery
o Pwede ko i-argue as prosecutor na kaya murder yung crime kasi dahil sa dilim ng lugar
na aggravate yung crime to murder, because of treachery
o Yung defense pwede nya ko contrahin dun and sabihin nya na incase na hindi sya ma
exculpate (dahil di oagbibigyan yungn defense) homicide lang dahil di naman nya
intention na gamitin yung darkness ng place to perpetrate the crime. Also it happened at
the spur of the moment. May supreme court case na walang treachery pag nangyari spur
of the moment. Defense I’ll leave this up to you.
o Itong part na to maganda kung ilagay natin para magpakita ng konting drama and conflict
sa pleadings

Part IV: Division of Labor

 Necessary pleadings will be prepared by the counsels (prosecution and defense lawyer)
 The affidavits will be prepared by the respective witnesses just coordinate with your assigned
counsel as to kung ano sasabihin nyo
 In general study the rules on evidence
 Deadline: September 25, 2020
 Death certificate and post mortem exams will be prepared by the person designated as medico-
legal officer
Part V: What to testify

 Johnny Sims- testify on his defense, kung bakit sya natrigger at bakit nya sinak sak. Ano sinabi
ni victim. Example minura sya or pinahiya sya
 Pepe Montalban- Corroborate nya sinabi ni Johnny Sims
 SPO3 Matulis- the matter of Johnny Sim’s arrest, why he was there, kung nasan sya bago sya
tinawag ni Randolf Hitler. Ano yung behaviour ni Johny Sims during the arrest. Testify nya din
yug murder weapon sa crime scene
 Randolf Hitler- testify nya yung dilim ng lugar, paglapit ni victim, yung chain of events kung
ano nangyayari. Observation nya from his point of view. Kung nasan sya
 Sherlock Holmes- testify nya yung stab wounds, murder weapon, gaano ka fatal yung saksak,
gaano kalalim. Remember 8 stab wounds ang meron sa biktima. Tetestify nya yun.
 All in all dagdagan nyo kung ano yung namiss out ko. Please get creative lalo na yung sa
affidavits. Kayo na bahala with your respective counsel ano sasabihin nyo doon, as long as akma
sya sa storyline natin