Finals Draft 2

1
DAY 1
(April 19, 2021)
Arraignment and Pre-Trial
RONQUILLO: All rise. Regional Trial Court Branch 27 is now in session. Silence is hereby
enjoined. The Honorable Daryl Macagba, presiding. We recite the Ecumenical Prayer for the
Courts.
EVERYBODY: Almighty God, we stand in your 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, fill our hearts with fraternal love, wisdom
and understanding, so that we can be 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.
 Judge uses gavel.
MACAGBA: Call the case scheduled for arraignment.
RONQUILLO: Criminal Case Number 32178, People of the Philippines v. Federico Monis y
Cariaga for Homicide.
MACAGBA: Appearances?
GANDEZA: Good morning, Your Honor. Public Prosecutor Neylan Lei Gandeza, appearing for
the Government.
ANASARIO: Good morning, Your Honor. Atty. Rossette Anasario, appearing as counsel for the
accused.
MACAGBA: Is the accused in court?
ANASARIO: Yes, Your Honor. The accused is present.
MACAGBA: Mr. Monis, do you understand the English language?
RONQUILLO: Ginoong Monis, nakakaintindi po ba kayo ng wikang Ingles?
CHING: Konti lang po, Ma’am.
MACAGBA: Has your counsel explained to you what would transpire during today’s
Arraignment?
RONQUILLO: Nasabi po ba at napaintindi sa inyo ng iyong abogado kung ano ang magaganap
sa araw na ito?
CHING: Opo, Ma’am.
MACAGBA: Do you wish to be arraigned and have the Information read to you in a different
language other than the English language?
RONQUILLO: Nais mo po bang basahin naming ang Impormasyon na ito sa inyo sa Tagalog o
Iloko?
CHING: Tagalog po, Ma’am.

2
MACAGBA: Very well, let’s proceed with the Arraignment. Madam Clerk of Court, arraign the
accused and read the Information in Tagalog.
RONQUILLO: People of the Philippines v. Federico Monis y Cariaga, Criminal Case Number
32178, for Homicide. INFORMATION. The undersigned Associate City Prosecutor accuses
FEDERICO MONIS y CARIAGA of Homicide in Violation of Article 249 of the Revised Penal
Code, committed as follows: That on or about the 4th day of April 2021, in the City of San
Fernando, Province of La Union, Philippines and within the jurisdiction of this Honorable Court,
the above-mentioned accused did then and there wilfully, unlawfully and feloniously with intent
to kill, attack, assault and use personal violence upon one ANTONIO DELA CRUZ y
ESTIMADA by then and there hacking and stabbing his chest with a bolo and scythe thereby
inflicting upon the latter mortal wounds which were the direct and immediate cause of his death
thereafter.
*** Pahelp na lang po ako na i-translate ito sa Tagalog or Ilokano hehe
MACAGBA: Mr. Monis, do you understand the nature of the accusation made against you?
RONQUILLO: Naiintindihan niyo po ba ang nabasang mga paratang sa inyo?
MACAGBA: And how do you plead?
RONQUILLO: Inaamin niyo po ba ang mga paratang sa inyo?
CHING: Hindi po, Ma’am.
MACAGBA: Okay, the accused pleads not guilty to this charge. Since plea bargaining is not
applicable to the present case, it being a case of consummated homicide, may I suggest to the
parties that we explore the possibility of settling the civil aspect of the case. May I know from
you, Prosecutor, what are the civil claims of your client?
GANDEZA: We would like to ask civil indemnity for the death of Antonio dela Cruz in the
amount of Php 75,000, Your Honor; moral damages in the amount of ₱50,000.00; Actual
damages in the following amounts – ₱1,000.00 as expenses for church services from the Iglesia
Filipina Independiente; the amount of ₱1,200.00 for expenses incurred in Jeralyn's Flower Shop;
the amount of ₱20,000.00 paid to Mancenido Funeral Service; fees paid to the City Treasurer of
San Fernando in the amount of ₱150.00; the amount of ₱15,000.00 paid for the burial lot; and,
exemplary damages in the amount of ₱30,000.00.
MACAGBA: What do you say to this, Counsel?
ANASARIO: Your Honor, we would like to request for a lower amount of civil liability because
my client interposes the defense of insanity at the time the alleged crime was committed.
JUDGE: How much would you bargain Atty. Anasario?
Anasario: We would like to decrease the civil indemnity for the death of Antonio dela Cruz in
the amount of Php 50,000, Your Honor; moral damages in the amount of ₱20,000.00 and,
exemplary damages in the amount of ₱20,000.00.
JUDGE: What do you say to this, Prosecutor?
Prosecutor: We cannot accede to those amounts Your Honor. It is way too low for a
consummated homicide.
3
MACAGBA: Okay, it appears now that the amount in the civil aspect of this case cannot be
settled and stipulated by the parties. We hereby proceed to the Pre-trial Conference and the Court
will determine the proper amount for civil indemnity. This Pre-Trial Conference is held in
accordance with the Rules of Court in order to discuss certain matters before Trial, namely: plea
bargaining, stipulation of facts, marking for identification of the evidence of the parties including
their respective witnesses, waiver of objections to admissibility of evidence, modification of the
order of trial if the accused admits the charge but interposes a lawful defense in which case this
court shall adopt a reverse trial mode, and such other matters as will promote a fair and
expeditious trial of this case.
MACAGBA: The parties and their respective counsels are therefore reminded that no evidence
shall be allowed to be presented and offered during Trial other than those formally identified and
marked in the course of this Pre-trial Conference unless, for good cause, this court shall admit
the same. Considering that the accused has manifested no interest in plea bargaining in this case.
In view of the inability of the parties to settle the civil aspect of the case, we now proceed to the
stipulation of facts. We begin with the Prosecution.
GANDEZA: We have here the following facts for stipulation, Your Honor.
1. The identity of the accused

 ANASARIO: Admitted, Your Honor.
2. The identity of the deceased or victim, Antonio dela Cruz

3. The accused voluntarily surrendered to the authorities who responded to the crime scene
GANDEZA: Your Honor, may I request for reservation of additional facts as may be included
during the course of the Trial based on the testimonies of their witnesses.
MACAGBA: Granted. Does the Defense have any proposal of facts for stipulation or
admission?
ANASARIO: Yes, Your Honor. These are our additional facts for admission.
1. The accused was diagnosed with ____________ on March 19, 2014.

 GANDEZA: Not admitted, Your Honor for lack of personal knowledge on the
matter.
2. The accused was detained in the Agoo Medical Clinic and Psychiatric Hospital from
2014 to 2021 due to such mental illness.
 GANDEZA: Admitted, Your Honor.
3. The accused was recently released from the same mental institution on February 8, 2021.
 GANDEZA: Admitted, Your Honor, but only insofar as the fact of the release is
concerned, there being no personal knowledge on the actual date thereof
ANASARIO: Your Honor, may I likewise request for reservation of additional facts as may be
included during the course of the Trial based on the testimonies of their witnesses.
MACAGBA: Granted. Are there any additional facts that the counsels intend to include for
admission?
GANDEZA: None, Your Honor.

4
ANASARIO: That is all, Your Honor.
MACAGBA: In that case, we now proceed to the marking of evidence for the Prosecution.
GANDEZA: Your Honor, we have the following:
1. Exhibit A – Death Certificate of Antonio dela Cruz

2. Exhibit B – Autopsy Report of Antonio Dela Cruz
3. Exhibit C – Spot Report of San Fernando City Police Station
4. Exhibit D – Crime scene photos taken by the San Fernando City Police
5. Exhibit E – A 7-inch scythe or “kumpay” with a wooden handle

6. Exhibit F – An 18-inch bolo with a wooden handle
7. Exhibit G – Affidavit of Patrolwoman Mae Peña
8. Exhibit H – Joint Affidavit of Witness of Salvador Dela Cruz, Jonathan Dela Cruz and
Elena Ortega
9. Exhibit I – Affidavit of Witness of Regina Dela Cruz
MACAGBA: Exhibits A to I are all admitted and marked as evidence for the Prosecution.
Counsel, what are the evidence to be marked for the Defense?
ANASARIO: I present the following evidence for marking:
1. Exhibit 1 – Affidavit of Federico Monis

2. Exhibit 2 – Affidavit of Witness of Racquel Monis
3. Exhibit 3 – Affidavit of Witness of Dr. Ellene Yapching
4. Exhibit 4 – Affidavit of Witness of Dr. Rachelle Mallare
5. Exhibit 5 – Psychiatric Evaluation Report from Agoo Medical Clinic and Psychiatric
Hospital
6. Exhibit 6 – Medical Report from the City Health and Wellness Center of San Fernando,
La Union
MACAGBA: Exhibits 1 to 6 are likewise admitted and marked as evidence for the Defense.
Okay, for the Prosecution, how many and who are your witnesses?
GANDEZA: Your Honor, we have five witnesses, namely: Patrolwoman Mae Peña;
eyewitnesses, Salvador Dela Cruz, Jonathan Dela Cruz, Rachelle Ortega, and Elena Dela Cruz.
The first will testify on the arrest of the accused and other surrounding circumstances of the
crime while the eyewitnesses will testify on the events leading to the death of the victim by the
accused, Your Honor.
MACAGBA: And for the Defense?
ANASARIO: The witnesses for the defense are: the accused himself, Federico Monis, and his
wife, Racquel Monis, to testify on the state of mind of the accused and relevant circumstances
leading up to the crime; and attending psychiatrists, Dr. Ellene Yapching and Dr. Rachelle
Mallare, both from the Agoo Medical Clinic and Psychiatric Hospital, to testify on the mental
condition of the accused from the time he was in the mental institution until after his arrest for
the crime charged.
MACAGBA: We now proceed to the stipulations of issues for the Prosecution.
GANDEZA: We raise only one issue, Your Honor: Whether or not the accused is guilty of the
crime charged.
5
ANASARIO: Your Honor, we also raise the same issue as provided by the Prosecution.
However, we would like to add another issue as to whether or not the accused was in a state of
insanity at the time the crime charged was committed.
MACAGBA: What can you say about the proposition, Associate Prosecutor?
GANDEZA: No objection, Your Honor.
MACAGBA: In that case, considering that the accused has interposed as his lawful defense the
justifying circumstance of insanity, a reverse trial mode shall be adopted by this court in which
case the Defense will be the first to present their evidence to be followed by the Prosecution. Are
there any additional issues that the counsels intend to include?
ANASARIO: That is all, Your Honor.
MACAGBA: Since this court adopted a reverse trial mode for this case, Counsel, how many
trial dates do you pray for the presentation of your evidence?
ANASARIO: I pray for four trial dates, Your Honor, considering that I have four witnesses to be
presented.
MACAGBA: Okay, I will schedule those three trial dates on May 4, 2021, May 6, 2021, May
12, 2021, and May 19, 2021. And for the Prosecution?
GANDEZA: Your Honor, I pray for five trial dates for the presentation of our witnesses.
MACAGBA: Okay, I will also schedule those five trial dates on June 2, 2021, June 9, 2021,
June 14, 2021, June 21, 2021, and June 24, 2021. The parties and their respective counsels are
reminded that pursuant to OCA Circular No. 05-2012, this court strictly adheres to the One-Day
Examination of Witness Rule. In the event that your witnesses are unable to appear and testify on
their scheduled date or that you seek postponement of your trial dates, such time will be
deducted to your scheduled time to present evidence. The Branch Clerk of Court is therefore
instructed to issue subpoena to the identified witnesses in order to ensure their attendance and
appearance during the Trial.
GANDEZA: Yes, Your Honor.
ANASARIO: Yes, Your Honor.
MACAGBA: ORDER. In today’s Pre-Trial Conference, Public Prosecutor Neylan Lei Gandeza
and Atty. Rossette Anasario, counsel for the accused, Federico Monis y Cariaga, appeared. The
Prosecution and the Defense took up the following matters: stipulations and counter-stipulations,
their respective documentary evidence and witnesses to be presented, and issues agreed upon.
This court shall adopt a reverse trial mode considering that the accused has interposed the
justifying circumstance of insanity. Accordingly, the Pre-Trial Conference is terminated. Trial
shall proceed on May 4, 2021 at 8:30 in the morning for the initial presentation of the Defense’s
evidence. The trial dates are final and intransferrable, and no motions for postponement that are
dilatory in character shall be entertained by the court. If such motions are granted in exceptional
cases, the postponement by either party shall be deducted from such party’s allotted time to
present evidence. Failure of the party or his/her counsel to comply with the aforementioned
schedule of hearings and deadlines shall be a ground for the imposition of fines and other
sanctions by the court. Prosecutor Neylan Lei Gandeza, Atty. Rossette Anasario, and the
accused, Federico Monis y Cariaga, are hereby notified of this Order in open court. SO
ORDERED.
6

7
DAY 2
(May 4, 2021)
Trial Proper
Presentation of Defense Witness 1 – Federico Monis
Courts.
Amen.
MACAGBA: Call the case scheduled for trial.
GANDEZA: Good morning, Your Honor. Same appearance for the Government.
ANASARIO: Good morning, Your Honor. Same appearance as counsel for the accused.
MACAGBA: Is the Defense ready?
ANASARIO: Yes, Your Honor. But may we request that the testimony of our witness be taken
in Tagalog considering that the said witness is the accused and he has manifested during his
Arraignment that he is not fluent in English.
MACAGBA: Granted. Call your witness.
ANASARIO: Yes, Your Honor. We call to the witness stand, Mr. Federico Monis.
RONQUILLO: Pakitaas ang iyong kanang kamay. Nanunumpa ka bang magsasabi ng totoo at
pawing katotohanan lamang?
RONQUILLO: Ano po ang inyong buong pangalan?
CHING: Ako po si Federico C. Monis.
RONQUILLO: Ilang taon na po kayo?
CHING: Kwarenta anyos na po ako.
RONQUILLO: Saan po kayo nakatira?
CHING: Nakatira po ako sa Upper Nagyubuyuban, San Fernando City, La Union, Ma’am.
8
RONQUILLO: At ano po ang inyong kabuhayan?
CHING: Isa po akong magsasaka.
RONQUILLO: Attorney, your witness.
ANASARIO: Your Honor, we offer the testimony of Mr. Federico Monis. He will be testifying
as the accused and with respect to his knowledge and account of what transpired the day the
crime was committed.
MACAGBA: Comment, Prosecutor?
GANDEZA: We will listen to the testimony, Your Honor, subject to cross-examination.
ANASARIO: May I proceed, Your Honor?
MACAGBA: You may proceed.
*** Insert Q&A
MACAGBA: ORDER. In today’s hearing, Public Prosecutor Neylan Lei Gandeza and Atty.
Rossette Anasario, counsel for the accused, Federico Monis y Cariaga, appeared. The Defense
presented its first witness, the accused, Federico Monis, and his testimony was terminated.
Continuation of the hearing shall be on May 6, 2021 at 8:30 in the morning. All present in
today’s hearing are hereby notified in open court. SO ORDERED.

9
DAY 3
(May 6, 2021)
Trial Proper
Presentation of Defense Witness 2 – Racquel Monis
Courts.
Amen.
ANASARIO: Yes, Your Honor. But may we request that the testimony of our witness be taken
in Tagalog considering that she is not more fluent in Tagalog than English.
ANASARIO: Yes, Your Honor. We call to the witness stand, Ms. Racquel Monis.
RONQUILLO: Pakitaas ang iyong kanang kamay. Nanunumpa ka bang magsasabi ng totoo at
pawing katotohanan lamang?
MALLARE: Opo, Ma’am.
RONQUILLO: Ano po ang inyong buong pangalan?
MALLARE: Ako po si Racquel Dela Cruz Monis, Ma’am.
RONQUILLO: Ilang taon na po kayo?
MALLARE: Ako po ay 35 na.
RONQUILLO: Saan po kayo nakatira?
MALLARE: Nakatira po ako sa Upper Nagyubuyuban, San Fernando City, La Union, Ma’am.
10
RONQUILLO: At ano po ang inyong kabuhayan?
MALLARE: Isa po akong maybahay.
ANASARIO: Your Honor, we offer the testimony of Ms. Racquel Monis. She will be testifying
about the mental condition of the accused before and after his confinement at the mental
institution as well as other events leading to the commission of the crime.
*** Insert Q&A
presented its second witness, Racquel Monis, and her testimony was terminated. Continuation of
the hearing shall be on May 12, 2021 at 8:30 in the morning. All present in today’s hearing are
hereby notified in open court. SO ORDERED.

11
DAY 4
(May 12, 2021)
Trial Proper
Presentation of Defense Witness 3 – Dr. Ellene Yapching
Courts.
Amen.
ANASARIO: Yes, Your Honor. We call to the witness stand, Dr. Ellene Yapching.
RONQUILLO: Please raise your right hand. Do you swear to tell the truth, the whole truth and
nothing but the truth?
YAPCHING: Yes, Ma’am.
RONQUILLO: State your name for the court.
YAPCHING: My name is Ellene Yapching.
RONQUILLO: How old are you?
YAPCHING: I am 40 years old.
RONQUILLO: Where is your residence?
YAPCHING: I live in Barangay Carlatan, San Fernando City, La Union.
RONQUILLO: And what is your occupation?

12
YAPCHING: I am one of the resident psychiatrists at the Agoo Medical Clinic and Psychiatric
Hospital.
ANASARIO: Your Honor, we offer the testimony of Dr. Ellene Yaching. She will be testifying
about the mental condition of the accused after he was arrested and detained by the authorities.
*** Insert Q&A
presented its third witness, Dr. Ellene Yapching, and her testimony was terminated. Continuation
of the hearing shall be on May 19, 2021 at 8:30 in the morning. All present in today’s hearing are
hereby notified in open court. SO ORDERED.

13
DAY 5
(May 19, 2021)
Trial Proper
Presentation of Defense Witness 4 – Dr. Rachelle Mallare
Courts.
Amen.
ANASARIO: Yes, Your Honor. We call to the witness stand, Dr. Rachelle Mallare.
RONQUILLO: Please raise your right hand. Do you swear to tell the truth, the whole truth and
nothing but the truth?
MALLARE: Yes, Ma’am.
RONQUILLO: State your name for the court.
MALLARE: My name is Rachelle Mallare.
RONQUILLO: How old are you?
MALLARE: I am 40 years old.
RONQUILLO: Where is your residence?
MALLARE: I live in Barangay Pagdalagan, San Fernando City, La Union.
RONQUILLO: And what is your occupation?

14
MALLARE: I am one of the resident psychiatrists at the Agoo Medical Clinic and Psychiatric
Hospital.
ANASARIO: Your Honor, we offer the testimony of Dr. Rachelle Mallare. She will be
testifying about the mental condition of the accused during his confinement at the Agoo Medical
Clinic and Psychiatric Hospital.
*** Insert Q&A
MACAGBA: Is there any other witness for the Defense?
ANASARIO: No more witnesses, Your Honor. We are now resting the case for the Defense.
MACAGBA: Do you intend to formally offer?
MALLARE: Yes, Your Honor. We formally offer to this court the following evidence:
1. Exhibit 1 – Affidavit of Federico Monis, to prove his account of the events that transpired
on the day of the commission of the crime
2. Exhibit 2 – Affidavit of Witness of Racquel Monis, to prove the mental condition of the
accused before the commission of the crime
3. Exhibit 3 – Affidavit of Witness of Dr. Ellene Yapching, to prove the mental condition of
the accused after the commission of the crime
4. Exhibit 4 – Affidavit of Witness of Dr. Rachelle Mallare, to prove the mental condition
of the accused during his detention in the mental institution
5. Exhibit 5 – Psychiatric Evaluation Report from Agoo Medical Clinic and Psychiatric
Hospital, to prove the diagnosis and continuing existence of his mental illness
6. Exhibit 6 – Medical Report from the City Health and Wellness Center of San Fernando,
La Union, to prove the physical injuries sustained by the accused as well as the
recommendation for confinement of the accused in a mental institution due to his mental
condition
MACAGBA: The court takes note. Is there any objection from the Prosecution?
presented its third witness, Dr. Rachelle Mallare, and her testimony was terminated. The Defense
thereafter rested its case and Atty. Anasario manifested that she will formally offer. There being
no objection from the Prosecution, all evidence formally offered by the Defense are admitted by
this court. Continuation of the hearing shall be on May June 2, 2021 at 8:30 in the morning for
15
the initial presentation of the Prosecution’s evidence. Prosecutor Neylan Lei Gandeza, Atty.
Rossette Anasario, and the accused, Federico Monis y Cariaga, are hereby notified in open court.
SO ORDERED.

Finals Draft 2

Uploaded by

Document Information

Original Description:

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Finals Draft 2

Uploaded by

Copyright:

Available Formats

1

 Judge uses gavel.

MACAGBA: Call the case scheduled for arraignment.

MACAGBA: Is the accused in court?

ANASARIO: Yes, Your Honor. The accused is present.

MACAGBA: Mr. Monis, do you understand the English language?

RONQUILLO: Ginoong Monis, nakakaintindi po ba kayo ng wikang Ingles?

CHING: Konti lang po, Ma’am.

CHING: Opo, Ma’am.

CHING: Tagalog po, Ma’am.

*** Pahelp na lang po ako na i-translate ito sa Tagalog or Ilokano hehe

RONQUILLO: Naiintindihan niyo po ba ang nabasang mga paratang sa inyo?

CHING: Opo, Ma’am.

MACAGBA: And how do you plead?

RONQUILLO: Inaamin niyo po ba ang mga paratang sa inyo?

CHING: Hindi po, Ma’am.

MACAGBA: What do you say to this, Counsel?

JUDGE: How much would you bargain Atty. Anasario?

JUDGE: What do you say to this, Prosecutor?

1. The identity of the accused

2. The identity of the deceased or victim, Antonio dela Cruz

1. The accused was diagnosed with ____________ on March 19, 2014.

GANDEZA: None, Your Honor.

ANASARIO: That is all, Your Honor.

GANDEZA: Your Honor, we have the following:

1. Exhibit A – Death Certificate of Antonio dela Cruz

5. Exhibit E – A 7-inch scythe or “kumpay” with a wooden handle

ANASARIO: I present the following evidence for marking:

1. Exhibit 1 – Affidavit of Federico Monis

MACAGBA: And for the Defense?

MACAGBA: We now proceed to the stipulations of issues for the Prosecution.

GANDEZA: No objection, Your Honor.

GANDEZA: None, Your Honor.

ANASARIO: That is all, Your Honor.

GANDEZA: Yes, Your Honor.

ANASARIO: Yes, Your Honor.

 Judge uses gavel.

 Judge uses gavel.

MACAGBA: Call the case scheduled for trial.

MACAGBA: Is the Defense ready?

MACAGBA: Granted. Call your witness.

CHING: Opo, Ma’am.

RONQUILLO: Ano po ang inyong buong pangalan?

CHING: Ako po si Federico C. Monis.

RONQUILLO: Ilang taon na po kayo?

CHING: Kwarenta anyos na po ako.

RONQUILLO: Saan po kayo nakatira?

RONQUILLO: At ano po ang inyong kabuhayan?

CHING: Isa po akong magsasaka.

RONQUILLO: Attorney, your witness.

MACAGBA: Comment, Prosecutor?

GANDEZA: We will listen to the testimony, Your Honor, subject to cross-examination.

ANASARIO: May I proceed, Your Honor?

MACAGBA: You may proceed.

*** Insert Q&A

 Judge uses gavel.

 Judge uses gavel.

MACAGBA: Call the case scheduled for trial.

MACAGBA: Is the Defense ready?

MACAGBA: Granted. Call your witness.

MALLARE: Opo, Ma’am.

RONQUILLO: Ano po ang inyong buong pangalan?

MALLARE: Ako po si Racquel Dela Cruz Monis, Ma’am.