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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.

RONQUILLO: 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
You 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?

PROSECUTOR: Good morning, Your Honor. Public Prosecutor _______, appearing for the
Government.

DEFENSE COUNSEL: Good morning, Your Honor. Atty. ________, appearing as counsel for
the accused.

MACAGBA: Is the accused in court?

DEFENSE COUNSEL: 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
Ilokano?
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CHING: Tagalog po, Ma’am.

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?

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: 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?

PROSECUTOR: 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?

DEFENSE COUNSEL: We cannot accede to that claim, Your Honor, because my client
interposes the defense of insanity at the time the alleged crime was committed.

MACAGBA: Okay, it appears now that the amount in the civil aspect of this case depends on
the guilt of the accused because justifying circumstances are invoked by the defense. This is a
legal issue which can only be resolved during trial. We hereby proceed to the Pre-trial
Conference. 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.
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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.

PROSECUTOR: We have here the following facts for stipulation, Your Honor.

1. The identity of the accused

 DEFENSE COUNSEL: Admitted, Your Honor.

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

 DEFENSE COUNSEL: Admitted, Your Honor.

3. The accused voluntarily surrendered to the authorities who responded to the crime scene
 DEFENSE COUNSEL: Admitted, Your Honor.

PROSECUTOR: 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?

DEFENSE COUNSEL: Yes, Your Honor. These are our additional facts for admission.

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

 DEFENSE COUNSEL: Not admitted, Your Honor for lack of personal
knowledge on the matter.

*** Andami kasi pwede applicable na sakit kaya tignan muna kung ano pinakamagandang
gamitin

2. The accused was detained in the Namnama Medical Clinic and Psychiatric Hospital from
2014 to 2021 due to such mental illness.
 DEFENSE COUNSEL: Admitted, Your Honor.

3. The accused was recently released from the same mental institution on February 8, 2021.
 DEFENSE COUNSEL: Admitted, Your Honor, but only insofar as the fact of
the release is concerned there being no personal knowledge on the actual date
thereof

DEFENSE COUNSEL: 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?

PROSECUTOR: None, Your Honor.

DEFENSE COUNSEL: That is all, Your Honor.

MACAGBA: In that case, we now proceed to the marking of evidence for the Prosecution.

PROSECUTOR: Your Honor, we have the following:

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1. Exhibit A – Death Certificate of Antonio dela Cruz, to prove the fact and cause of death
of the victim

2. Exhibit B – Autopsy Report of Antonio dela Cruz, to prove the injuries he has sustained
from the accused

3. Exhibit C – Spot Report of San Fernando City Police Station, to prove the details of the
crime

4. Exhibit D – Crime scene photos taken by the San Fernando City Police, to prove the
description of the crime scene

5. Exhibit E – A 7-inch scythe or “kumpay” with a wooden handle, as one of the weapons
used by the accused

6. Exhibit F – An 18-inch bolo with a wooden handle, as one of the weapons used by the
accused

7. Exhibit G – Affidavit of Patrolwoman Mae Peña, to prove the arrest of the accused and
other details of the crime scene

8. Exhibit H – Joint Affidavit of Witness of Salvador Dela Cruz, Jonathan Dela Cruz and
Elena Ortega, to prove that the accused attacked and caused the death of the victim who
was unarmed

9. Exhibit I – Affidavit of Witness of Regina Dela Cruz, to prove that the accused was
violent and armed before proceeding to the crime scene

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?

DEFENSE COUNSEL: I present the following evidence for marking:

1. Exhibit 1 – Affidavit of Witness of Racquel Monis, to prove the mental condition of the
accused before the commission of the crime

2. Exhibit 2 – Affidavit of Witness of Dr. Ellene Yapching, to prove the mental condition of
the accused after the commission of the crime

3. Exhibit 3 – Affidavit of Witness of Dr. Rachelle Mallare, to prove the mental condition
of the accused during his detention in the mental institution

4. Exhibit 4 – Psychiatric Evaluation Report from Namnama Medical Clinic and Psychiatric
Hospital, to prove the diagnosis and continuing existence of his mental illness

5. Exhibit 5 – 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 detention in a mental institution due to his mental condition

MACAGBA: Exhibits 1 to 5 are likewise admitted and marked as evidence for the Defense.
Okay, for the Prosecution, how many and who are your witnesses?

PROSECUTOR: 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.
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MACAGBA: And for the Defense?

DEFENSE COUNSEL: The witnesses for the defense are: the wife of the accused, 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
Namnama 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.

PROSECUTOR: We raise only one issue, Your Honor: Whether or not the accused is guilty of
the crime charged.

DEFENSE COUNSEL: 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, Prosecutor?

PROSECUTOR: 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
the Defense will be the first to present their evidence to be followed by the Prosecution. To
summarize, the issues stipulated by both parties are as follows: whether or not the accused is
guilty of the crime charged; and whether or not the accused acted in self-defense and in defense
of a relative.

MACAGBA: Are there any additional issues that the counsels intend to include?

PROSECUTOR: None, Your Honor.

DEFENSE COUNSEL: 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?

DEFENSE COUNSEL: I pray for three trial dates, Your Honor, considering that I only have
three witnesses to be presented.

MACAGBA: Okay, I will schedule those three trial dates on May 4, 2021, May 12, 2021, and
May 19, 2021. And for the Prosecution?

PROSECUTOR: 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.

MACAGBA: 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.

PROSECUTOR: Yes, Your Honor.

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DEFENSE COUNSEL: Yes, Your Honor.

MACAGBA: ORDER. In today’s Pre-Trial Conference, Public Prosecutor ________ and Atty.
_________, 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. 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 ________, Atty.
___________, and the accused, Federico Monis y Cariaga, are hereby notified of this Order in
open court. SO ORDERED.

 Judge uses gavel.