Script Torts Mock Tria..l JD 3

MOCK TRIAL
FOR: HOMICIDE WITH DAMAGES
CHARACTERS
Witnesses:
A. For Prosecution
1) Store owner - Chan Bonador (Mark Bonador)
2) Sister of the deceased - Mary Clarisse Catangay (Clarise
Catangay)
3) Additional Witness – Kavin Camacho (Kavin Camacho)
B. For Defense
1) Accused - Victor Obsequio (Victor Obsequio)
2) Neighbor - Rogelio Bellen (Rogelio Bellen)
3) Additional Witness - Valerie Bayola (Valerie Bayola)
Prosecution:
Prosecutors: Argin Mabilin (Lead Prosecutor), William Pavia and
Vincent Nicol
Defense:
Counsels: Melanie Madelar (Lead Defense Counsel), Lorena Mijares,
Luis Olila
Interpreter : Tess Berces
Clerk of Court: Reena Matociños
Court Interpreter: Tess Berces
Stenographer : Brian Imperial
Judge : Lea Delgado
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ENTRANCE
Clerk of Court (COC): All rise. The Court is now in session. Silence is hereby
enjoined. Branch 5, Regional Trial Court of Legazpi, the Honorable Judge Lea
Delgado, presiding.
(all should stand)
Prayer
Almighty God, we stand in your Holy Presence as our Supreme Judge. We humbly
beseech You. Bless and inspire us so that what we think, say, and so will be in
accordance with your will. Enlighten our minds, strengthen our spirit, and fill our
hearts with eternal love, wisdom, and understanding so that we can be effective
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JD 3 TORTS AND DAMAGES
PEOPLE VS OBSEQUIO
channels of truth, justice, and peace. In our proceedings today guide us in the path
of righteousness of Your greater glory. Amen.
Judge (Lea): (stamp gavel) Please be seated. Call the case.
COC (Reena): Criminal Case No. 123. People of the Philippines versus Victor
Obsequio for Homicide.
Judge (Lea): Appearances.
Prosecution (Argin): For the prosecution your honor, representing the People of the
Philippines, l am Atty. Argin Mabilin. Together with Atty. William Pavia, and Atty.
Vincent Nicol.
Defense Melanie: For the defense your honor. l am Atty. Atty. Melanie Madelar
together with me are Atty. Lorena Mijares and Atty. Luis Olila
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ARRAIGNMENT
Judge (Lea): ls the accused in court?
COC (Reena): To Judge: Yes, your honor. To Defense: Defense please let the
accused stand.
Judge (Lea): Alright, arraign the accused. (Accused comes near the COC, beside the
defense panel. Defense lawyer (Melanie stand beside the accused during
arraignment)
COC (Reena): You are the accused in criminal Case No. 123, entitled People of
the Philippines versus Victor Obsequio, and the information charges you of the
crime Homicide committed as follows:
“That on or about the 16th day of October, 2022 in Happy Subdivision, Old Albay,
Legazpi City, the above name accused Victor Obsequio, with intent to kill, did then
and there, willfully, unlawfully, and feloniously attack, assault, and employ personal
violence upon the person of one Kurdapyo Catangay, without any premeditation or
any circumstance mentioned in Article 247, and 248 of the Revised Penal Code by
then and there stabbing him with a knife on the right portion of his torso, thereby
inflicting upon him a serious and mortal wound which was the direct and immediate
cause of his untimely death, to the damage and prejudice of the heirs of the victim.
Contrary to law.”
What is your plea?
Accused (Victor): Not guilty, your honor.
COC (Reena): The accused enters a plea of not guilty, your honor.
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Judge (Lea): Alright, enter a plea of not guilty.
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PRE-TRIAL
Plea Bargaining
Judge (Lea): Are the parties willing to agree to enter into a plea-bargaining?
Prosecution (Argin): Your honor please the prosecution does not desire to enter into
plea bargaining.
Melanie: Your honor please the defense does not also desire to enter into plea
bargaining.
Marking of Exhibits
Judge (Lea):Alright mark your exhibits.
Prosecution (Argin): With the permission of this honorable court. Your honor please,
the prosecution will present the following documentary evidence and mark it as the
prosecution's exhibits. (OPTIONAL)
EXH. A. Birth Certificate of Kurdapyo Catangay

EXH. B. Birth Certificate of Mary Clarisse Catangay
EXH. C. Loan Agreement
EXH. D. Hospital Bill Official Receipt
EXH. D-1. Hospital Invoice for the use of Ambulance
EXH. E. Affidavit of Funeral Expenses
EXH. E-1. Funeral Home Official Receipt
EXH. F. Payroll of Kurdapyo Catangay
EXH. G. Death Certificate of the deceased victim Kurdapyo Catangay
EXH. H. Police Investigation Report dated 16 October 2022
EXH. H-1. Medico Legal Autopsy Report from the Regional Crime Laboratory
Office 8
The prosecution, your honor, reserves its right to introduce submarkings to the pre-
marked exhibits and present other documentary evidence during the course of the
trial, subject to the further direction and limitations that this Honorable Court may
impose.
Judge (Name of Student): Alright. How about the defense? Mark your
exhibits.
Lorena: With the permission of the Honorable Court. Your honor please, the defense
will present the following evidence and request that these be marked as follows:
EXH. 1. CCTV FOOTAGE STORED IN THE USB DRIVE
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EXH. 1-A. THE SIGNATURE OF MR CHAN AUTHORIZING THE USAGE OF
THE FOOTAGE
The defense, your honor, reserves its right to introduce submarkings to the pre-
marked exhibits and present other documentary evidence during the course of the
trial, subject to the further direction and limitations that this Honorable Court may
impose.
Admission/Stipulation of Facts
Judge (Lea): Any admission?

Prosecution
Prosecution (Argin): Your honor please, the prosecution requests for the
admission by the defense of the following documentary exhibits earlier pre-marked.
First, BIRTH CERTIFICATE OF KURDAPYO CATANGAY AND BIRTH

CERTIFICATE OF MARY CLARISSE CATANGAY and the truth of the finds
and facts therein stated for the purpose of proving the relationship between the
parties. The Birth Certificates are pre-marked as Exh. A and Exh. B respectively for
the prosecution and we are now showing the accused and furnishing the court.
D Lorena:The defense admits your honor.
Second, LOAN AGREEMENT and the truth of the finds and facts therein stated to
for the purpose of proving the existence of the borrowed finances to support the
urgent need of the family. The Loan Agreement is pre-marked as Exh. C for the
prosecution and we are now showing the accused and furnishing the court.
Third, HOSPITAL BILL OFFICIAL RECEIPT AND AMBULANCE

HOSPITAL INVOICE and the truth of the finds and facts therein stated for the
purpose of showing the expenses incurred by the family. The hospital bill official
receipt and ambulance hospital invoice are pre-marked as Exh. D and Exh. D-1
respectively for the prosecution and we are now showing the accused and furnishing
the court.
Next, AFFIDAVIT OF FUNERAL EXPENSE AND FUNERAL HOME

OFFICIAL RECEIPT and the truth of the finds and facts therein stated for the
purpose of showing the expenses incurred by the family. The Affidavit of Funeral
Expense and the funeral home official receipt are pre-marked as Exh. E and Exh.
E-1 respectively for the prosecution and we are now showing the accused and
furnishing the court.
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Next, PAYROLL OF KURDAPYO CATANGAY and the truth of the finds and
facts therein stated to for the purpose of proving the monthly income of the victim.
The Payroll is pre-marked as Exh. F for the prosecution and we are now showing the
accused and furnishing the court.
Prosecution (Argin): Next, your honor please, we would like to request for the
admission by the defense of the CERTIFICATE OF DEATH of the deceased in
this case, Kurdapyo Catangay. The said certificate is pre-marked as Exh. G for the
prosecution and we are now showing the accused and furnishing the court.
Prosecution (Argin): Next, your honor please, we would like to request for the
admission by the defense of the POLlCE lNVESTlGATlON REPORT dated 16
October 2022 pre-marked as Exh. H, to dispense with the testimony of the police.
We are also furnishing the defense and the court of a copy.
D Lorena:We admit only to the existence of the exhibits, your honor, but not as to
the entries and the truth of the facts stated therein.
Judge (Lea):What does the prosecution say?
Prosecution (Argin): We submit, your honor.
Lastly, the MEDlCO LEGAL AUTOPSY REPORT and the truth of the finds and
facts therein stated to dispense with the necessity of presenting expert testimony on
the matter. The Medico Legal Report is pre-marked as Exh. H-1 for the prosecution
and we are now showing the accused and furnishing the court.
D Lorena:We admit only to the existence of the exhibits, your honor, but not as to
the entries and the truth of the facts stated therein.
Prosecution (Argin):Your honor, we also request for the admission by the defense
of the jurisdiction of this Honorable Court to hear and try this case.
D Lorena:We admit, your honor.
Prosecution (Argin): No further request for admission, your honor. Thank you,
your honor.
Defense
D Melanie:Your honor please, the defense requests for the admission by the
Prosecution of the following EXH. 1. CCTV FOOTAGE STORED IN THE USB
DRIVE
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EXH. 1-A. THE SIGNATURE OF MR CHAN AUTHORIZING THE USAGE OF
THE FOOTAGE
Prosecution (Argin): The prosecution admits your honor.
D Melanie:No further requests for admission, your honor.
Identification of Issues
JudgeLea: So, what are the issues to be resolved?
Prosecution (Argin): Your honor, the prosecution submits the following issue to be
resolved:
Whether the accused committed the offense charged in the information.
Judge (Lea): How about the defense?
D Lorena: We adopt the same issues your Honor.
Number of Witnesses
Prosecution
Prosecution (Argin): The prosecution will present Four (4) witnesses, your honor.
First is Mary Clarisse Catangay, the sister of the deceased victim, who will testify
on the incident attendant to the killing; Second is Chan Bonador, the owner of the
store where the incident happened who will also testify on the circumstances
attendant to the killing; Third is Jodel De Lumen, the investigating officer to testify
on the due execution and truthfulness of the entries and facts stated in the subject
Police Investigation Report dated 16 October 2022; and lastly, Alexa Albao, to
testify as to the truthfulness on the findings provided in the Medico Legal Report.
The prosecution reserves its right to present other witnesses in the course of the trial,
your honor.
Judge (Lea): Alright, how about the defense, how many witnesses?
Defense
D Olila: The defense will present 3 witnesses, your honor. First is the accused Victor
Obsequio who will testify to disprove the allegations in the information. Second is
Mr. Rogelio Bellen, a resident of Padang, Legazpi City, who knows the accused,
Lastly, Ms. Valerie Bayola who witness what happened between the accused,
complainant, and the victim.
Judge (Lea): Alright, are the parties willing to consider the pre-trial terminated?
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Both Prosecution (Argin) and Defense (Olila): Yes, your honor.
Judge (Lea): Subject to the issuance of the Pre-trial Order, the pre-trial of this case
is hereby terminated.
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TRIAL: PROSECUTION’S PRESENTATION OF EVIDENCE
Direct Examination – Prosecution Witness: Police Investigator, Jodel De Lumen
Prosecution (William): May we call on Jodel De Lumen, Your Honor.
Judge (Lea): Alright, swear in the witness.
COC (Reena): Please raise your right hand. Do you swear to tell the truth, the
whole truth, and nothing but the truth in the testimony you are about to give?
Jodel: Yes, l do.
COC (Reena): Please state your name, age, address and other personal
circumstances.
Jodel: I am Jodel De Lumen, 30 years old, married, Filipino, residing at Rawis

Legazpi City. I work as a Police Officer at the Legazpi City Police Station.
Prosecution (William): Your honor, we are offering the testimony of the witness
Jodel De Lumen to to testify that on that on October 16, 2022, at around 5:45 in the
afternoon, a certain Mary Clarrise CATANGAY called Legazpi City Police Station
to seek police assistance, to testify that the police officers did not see the accused on
the crime scene but voluntarily surrendered himself at the Legazpi City Police
Station, to testify that the deceased victim was stabbed to death which was later on
then admitted by the accused himself when voluntarily surrendered, to identify the
relevant documents, and to testify on and prove other matters relevant to this case.
Alternative: Your honor, the purpose of the testimony of the witness is already stated
in the judicial affidavit may we adopt it?
Alternative: Judge (Lea): Okay, adopt the purpose of the testimony of the witness.
Judge (Lea): Proceed.
Prosecution (William): May it please the Court. Good day, Mr. Witness.
Jodel: Good day, sir.
Prosecution (William): Do you remember having executed a Judicial Affidavit in

relation to this case?
Jodel: Yes, Atty.

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Prosecution (William): If I show it to you will you be able to identify it?
Jodel: Yes, Atty.
Prosecution (William): I have here this document with me (Shows it to the witness),
kindly tell this honorable court if this is the Judicial Affidavit you are referring to?
Jodel: (Takes the document and scans it )Yes, Atty. This is the Judicial Affidavit
that I executed.
Prosecution (William): Whose signature appears on page 4 of the document?
Jodel: It is my signature sir.
Prosecution (William): Alright. It is stated here in your affidavit that you are one of
the Police Investigators who responded to the crime scene and that under the police
investigation report it is stated that the accused Victor and the victim Kurdapyo had
a fight, which led to the accused stabbing the victim and eventually killing him as
evidenced by the medico legal report. Do you confirm that this has been identified
in your Judicial Affidavit?
Jodel: Yes, Atty.
Prosecution (William): Do you confirm and affirm the veracity and the truthfulness
of your statement in the Judicial Affidavit?
Jodel: Yes, Atty.
Prosecution (William): Are you aware that the statements in the Judicial Affidavit
are made under oath, and that you may face criminal liabilities for false testimony
or perjury?
Jodel: Yes, I am aware, Atty.
Prosecution (William): That will be all for the witness, your honor.
Judge (Lea): Does the Defense wish to cross?
Defense Luis: With your permission, your honor.
Judge (Lea): Proceed
CROSS EXAMINATION – PROSECUTION WITNESS: POLICE

INVESTIGATOR, JODEL DE LUMEN
Luis: You testified that you were one of the police officers who responded to
the crime scene. Did you conduct an interview among the by standers or
whoever saw the incident when you arrived?
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Jodel: Yes, Ma’am.
Luis: Did you notice bottles of alcoholic beverage at the crime scene?
Jodel: Yes, there are bottles in the scene.
Luis: You testified that the accused admitted that the victim was stabbed to death.
But he did not admit that he was the one who stabbed the victim to death. Is that
correct?
Jodel: Yes, Sir.
Luis: No further questions your honor.

.
Direct Examination – Prosecution Witness: Medico Legal, Alexa Albao
Prosecution (William): May we call on Alexa Albao, Your Honor.
COC (Reena): Please raise your right hand. Do you swear to tell the truth, the whole
truth, and nothing but the truth in the testimony you are about to give?
Alexa: Yes, l do
circumstances.
Alexa: I am Alexa Albao, 27 years old, single, Filipino, residing at Daraga, Albay.
I work as a Medico Legal Officer at the Regional Crime Laboratory, Office 8.
Prosecution (William): Your honor, we are offering the testimony of the witness
Alexa Albao to testify that she was the officer who examined the body of the
deceased, to prove that the cause of death of the victim was the multiple stab wounds
inflicted by the accused, to identify the relevant documents, and to testify on and
prove other matters relevant to this case.
Alternative: Your honor, the purpose of the testimony of the witness is already stated
in the judicial affidavit may we adopt it?
Alternative: Judge (Lea): Okay, adopt the purpose of the testimony of the witness.
Prosecution (William): May it please the Court. Good day, Madam. Witness.
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Alexa: Good day Atty.
Prosecution (William): Do you remember having executed a Judicial Affidavit in

Alexa: Yes, Atty.
Prosecution (William): If I show it to you will you be able to identify it?
Alexa: Yes, Atty.
Prosecution (William): I have here this document with me (Shows it to the witness),
Alexa: (Takes the document and scans it )Yes, Atty. This is the Judicial Affidavit
that I executed.
Prosecution (William): Whose signature appears on page 6 of the document?
Alexa: It is my signature sir.
Prosecution (William): Alright. It is stated here in your affidavit that you are one
that examined the body of the deceased, Kurdapyo Catangay and that you have found
that the cause of death was due to the multiple stab wounds received by the victim.
Do you confirm that this has been identified in your Judicial Affidavit?
Alexa: Yes sir.
Prosecution (William): Do you confirm and affirm the veracity and the truthfulness
Alexa: Yes, Atty.
Prosecution (William): Are aware that the statements in the Judicial Affidavit are
made under oath, and that you may face criminal liabilities for false testimony or
perjury?
Alexa: Yes, I am aware, Atty

.
Prosecution (William): That will be all for the witness, your honor.
Defense Melanie: With your permission, your honor.
CROSS EXAMINATION – PROSECUTION WITNESS: MEDICO LEGAL,

ALEXA ALBAO
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Melanie: Madam witness, kindly tell this Honorable Court of your name and other
personal circumstances.
Melanie: From what university did you graduated?
Melanie: Did you graduate with honors?
Melanie: Did you have a license?
Melanie: Since when have you been practicing your specialty?
Melanie: You testified having examined the cadaver of Kurdapyo Catangay. When
and where did you received the dead body?
Melanie: Were you aware of the altercation or the incident that caused the victim’s
death including the time, date and place of the event?
Melanie: When you first saw the body, what was its condition?
Melanie: Did you extract traces of blood from the body? What was its color?
Melanie: Based on the color of the blood, can you tell the court how long has the
deceased been dead?
Melanie: Did you make a report of the findings of your examination?
Melanie: Madam Witness, who prepared the Medico Legal Report being shown to
you at this moment? And do you recognize the name and signature therein?
Melanie: Then you are aware of the facts stated therein including the Date, Time and
Place of the postmortem examination?
Melanie: Madam witness, do you know how many hours can a cadaver from Legazpi
City be transported to Quezon City?
Melanie: Could it be possible that a cadaver be transported within 1 hr and 45

minutes from Legazpi City to Quezon City?
Melanie: Therefore, is it necessary to transport the cadaver to QC when we have a

competent crime laboratory in Legazpi or in Bicol Region. (Optional, when
answered YES)
Melanie: No more questions you honor.
- Direct Examination –
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Direct Examination – Prosecution Witness: Sister of the victim, Mary Clarisse
Catangay
Prosecution (Argin): May we call on Mary Clarisse Catangay, Your Honor.
whole truth, and nothing but the truth in the testimony you are about to give?
Prosecution (Argin): Yes, l do.
COC (Reena):Please state your name, age, address and other personal
circumstances.
Clarisse: I am Mary Clarisse Catangay, 18 years old, single, Filipino, residing at

Old Albay, Legazpi City. I am currently a student.
Prosecution (Argin): Your honor, we are offering the testimony of the witness Mary
Clarisse Catangay to testify that on 16 October 2022, the accused, Victor Obsequio
stabbed Kurdapyo Catangay which caused his death and to identify the relevant
documents, and to testify on and prove other matters relevant to this case.
Prosecution (Argin): May it please the Court. Good day, Madam Witness.
Clarisse: Good day ma’am.
Prosecution (Argin): I will show a document to the witness consisting of 8 pages.

Can you please tell what this document is?
Clarisse: This is my judicial affidavit. I remember having narrated to Atty. Selex

Nebres the contents of this affidavit.
Prosecution (Argin): Do you recognize the signature affixed herein over and above
the printed name of Mary Clarisse Catangay?
Clarisse: It is my signature.
Prosecution (Argin): Alright. It is stated here in your affidavit that you personally
know the victim. How do you know him?
Clarisse: He’s my older brother, Attorney.
Prosecution (Argin): How about the accused in this case? Do you know him?
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Clarisse: Yes, Attorney. l know Victor Obsequio. Although, we never had any
personal interaction until the incident.
Prosecution (Argin): How do you happen to know him?
Clarisse: I frequently saw him drinking alcoholic beverages in the same store where
the event happened.
Prosecution (Argin): Is the same Victor Obsequio in this courtroom now?
Clarisse: Yes, he is. He is the one wearing yellow.
Prosecution (Argin): Your honor, may I request that the witness be allowed to point
to the person of interest?
Judge (Lea): Okay granted.
(Ms. Catangay points to Mr. Obsequio)
Prosecution (Argin): May we request the Court Interpreter to ask the name of the
person identified by the witness.
Court Interpreter (Tess): Person wearing yellow please stand and tell us your name.
(Mr. Obsequio stands up and states his name)
Prosecution (Argin): Alright. Madam Witness, where were you at about 3 o’çlock in
the afternoon October 16 2022?
Clarisse: I was at our Aunt Kaye’s residence. We celebrated her intimate “family
only“ birthday party. I was also with my older brother, Kurdapyo Catangay.
Prosecution (Argin): What were you doing at around 5 o’çlock of the same date?
Clarisse: I was walking with my older brother Kurdapyo on our way home from
Aunt Kaye’s birthday party.
Prosecution (Argin): You stated in your judicial affidavit that you stopped by Mr.
Chan’s sari-sari store on the way home, is that correct?
Clarisse: Yes attorney. Our mother called my brother and ordered us to buy
something to eat for breakfast the next day.
Prosecution (Argin): When you were at the sari-sari store, what happened, if any?
Clarisse: While l was telling Mr. Chan, what I want to buy, I heard Kurdapyo talking
to his girlfriend Jessica Del Carmen on the phone. He was standing under the caimito
tree in front of the sari-sari store.
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Prosecution (Argin): Who were at the sari-sari store at that time?
Clarisse: Mr. Chan, the owner of the store. Victor, the accused. And myself.
Prosecution (Argin): What did you buy at the store?
Defense Madelar: Objection, your honor, the question is irrelevant
Judge: Overruled/ Sustained
Prosecution (Argin): Your honor, I just want to show that the witness clearly recalls
the day of the incident.
Clarisse: A loaf of bread, a can of sardines and 3n1 coffee sachets.
Prosecution (Argin): What happened after your purchase at the store, if any?
Clarisse: Actually, l wasn’t able to complete my transaction with Mr. Chan. I was
standing outside the store, waiting, while Mr. Chan was gathering my orders at the
back of his store, when all of a sudden, Victor grabbed my left arm and called me
Angela.
Prosecution (Argin): What happened next, if any?
Clarisse: His breath reeked of alcohol, his eyes were red and swollen, and told me,
“Angela, baby, papanagutan kita. Di ko kayo pababayaan. Wag mo palaglagin ang
anak natin, please.” I removed my arm from his grip and told him calmly that I am
not Angela. I was trying my best to prevent any scene or argument since it was
obvious that he was intoxicated with alcohol.
Prosecution (Argin): What did Victor do after you removed his grip on your arm, if
any?
Clarisse: Victor grabbed my right hand again and said, “Bakit mo ako gustong
hiwalayan, buntis ka? May iba ka na bang lalake?”. This time his tone became louder
and authoritative.
Prosecution (Argin): What did you do next, if any?
Clarisse: I was becoming more concerned of the circumstances and tried to

forcefully remove my arm from his grip.
Prosecution (Argin): Then what happened, if any?
Clarisse: I shriek in pain because he tightened his grip on my arm. That was when I
saw my brother crossing the road, running towards us, and shouted “Ayaw
pagsusugara tak manghud!“
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Prosecution (Argin): lt is stated here in page 4 of your affidavit that your brother
tried to detach Reynaldo’s grip from your arm. What did the accused Reynaldo do
or say then, if any?
Clarisse: He tried to push my brother with his other hand, the one not gripping my
arm. He told him, “Wag kang makialam, away naming tong magsyota!” Then Kuya
Kurdapyo punched Victor’s face, that’s the time Victor released his grip and fell to
the ground.
Prosecution (Argin): Then, what happened, if any?
Clarisse: We did not notice that Victor was able to get up quickly. He grabbed my
brother from behind and pinned him on the ground.
Prosecution (Argin): What did you do if any when this happened?
Clarisse: I screamed for help from the nearby neighbors. I saw that Victor was
holding and pointing a knife at my brother’s chest while Kuya Kurdapyo was lying
on the ground.
Prosecution (Argin): Did you see what happened next, if any?
Defense Madelar: Objection your Honor, the question is leading
Clarisse: Yes, attorney.
Prosecution (Argin): What did you see? (don’t ask this if sustained)
Clarisse: Both of them were fighting and struggling on the ground and everything
was going so fast. The next thing I saw were the two of them covered in blood, my
brother motionless in a supine position, andVictor, sitting on top of my brother,
frozen, but still holding the knife in his hands.
Prosecution (Argin): What did you do after, if any?
Clarisse: I ran towards both of them, I pushed Victor as hard as I could away from
my brother. I immediately examined my brother’s carotid pulse and breathing and
checked his body for fatal wounds. lt dawned upon me, that my brother was already
lifeless.
Prosecution (Argin): You said, you pushed Victor, what did he do if any after you
pushed him?
Clarisse: I do not know, attorney. l did not notice anymore as I was already crying
because of my brother.
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Prosecution (Argin): When you realized that your brother was already lifeless, what
did you do next if any?
Clarisse: I cried and shouted for help while I searched for his mobile phone in his
pockets. l immediately called the ambulance for help and called the police afterward.
The police officers informed me that a team was already on their way to respond. In
a couple minutes, a patrol car and ambulance came and took me and my brother to
the hospital.
Prosecution (Argin): When you arrived at the hospital what happened next if any?
Clarisse: My brother was declared dead on arrival so I immediately called our family
and my mother asked me to take care of the expenses for the meantime. My brother
was the breadwinner of the family so since I don’t have much funds with me, thus I
loaned some money from my friend Angelo and Elissandro, who owned a money
lending business.
Prosecution (Argin): How much was the total expenses that you have incurred due
to your brother’s death?
Clarisse: Approximately One Hundred and Fifty Thousand Pesos (150,000. Php) in
total.
Prosecution (Argin): How did you feel about the death of your brother given that he
was the breadwinner of the family?
Clarisse: My family and I were very devastated because my brother was the one who
was providing for us. He is working at Banko Sentral ng Pilipinas and he was the
one providing for all the expenses for our senior citizen parents who are already
retired and my education.
Prosecution (Argin): How much was the salary of your brother? Does your family
have any other source of income?
Clarisse: The basic salary of my brother is One Hundred Thousand Pesos (100,000
Php). No, we currently don’t have any other source of income.
Prosecution (Argin): You mentioned that your family was devastated due to the
death of your brother. Can you please tell us more about this?
Clarisse: Yes, ma’am. I was very traumatized and I am suffering from anxiety
attacks due to the fact that I witnessed the death of my brother. It was always a part
of my dreams that I woke up crying late at night. My mother has suffered so much
heartache that she hasn't been able to sleep properly ever since the incident and my
father somehow blames himself for not being able to protect my brother since he
was not around during the incident.
Prosecution (Argin): Alright. No further questions, your honor.
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PEOPLE VS OBSEQUIO
Defense Madelar: With your permission, your honor.
Cross Examination – Prosecution Witness: Sister of the victim, Mary Clarisse

Catangay
Defense Madelar: As his sister, do you happen to know how tall was your brother?
How about his body built?
Clarisse: Yes, attorney. We have the same height. We are both standing 5’1“. He has
small build with only a weight of more or less 55 kgs.
Defense Madelar: You mentioned that you know the accused, How long have you
known him?
Clarisse: I don’t know the accused personally, Attorney. Before the incident, l only
saw him when I pass by Mr. Chan’s Store on my way to the hospital where I work.
Defense Madelar: Madam witness, answer only the question being asked
Defense Madelar: How tall do you think is he?
Clarisse: As I have observed, he’s definitely taller than us for about more or less 5
to 6 inches
Defense Madelar: Can you describe his body build to the court?
Clarisse: He’s even larger in build.
Defense Madelar: How about the accused, do you think the accused know who you
are?
Clarisse: I am not sure if Mr. Obsequio knows me.
Defense Madelar: By the way do you happen to know if he has held any elected
position in your barangay?
Prosecution (Argin): Objection, your honor. The question is irrelevant.
Defense Madelar: Your Honor, please this is relevant to establish the character of
the accused as a responsible public servant prior to the incident in question.
Clarisse: I am sorry but I am not aware that the accused held any elected position in
our barangay.
Defense Madelar: You also mentioned that you frequently see the accused drinking
with his friends. During these instances that you saw them, the accused and his
friends never bothered you right?
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PEOPLE VS OBSEQUIO
Clarisse: Yes. They never bothered me
Defense Madelar: In fact, even if you went home late at night from your shift, there
was never an instance in the past that the accused in any of his drinking sprees have
done something malicious to you or to anybody in the neighborhood right?
Clarisse: Yes.
Defense Madelar: You said it was already 5 pm in the evening? Was it already
dark?
Clarisse: It was not yet dark, but it was not bright either.
Defense Madelar: Were there vehicles passing along the street?
Prosecution (Argin): Objection, your honor. The question is irrelevant.
Defense Madelar: Your Honor the question is relevant to elicit the fact whether
there were obstructions that would block the view of the victim so as to what was
happening prior to the incident in question.
Clarisse: That time, only private vehicles were passing along that street.
Defense Madelar: You mentioned in your Judicial Affidavit that you and your
brother came from family birthday party. Is that correct?
Clarisse: Yes, Mam.
Defense Madelar: During the entire time that you were at the party with your
brother, of course you chatted with other guests around right?
Clarisse: Yes Mam.
Defense Madelar: Is it correct to say that your brother also mingled with the other
guests?
Clarisse: Yes Mam.
Defense Madelar: Since it was your family birthday party, is it safe to say that
alcoholic beverages were served at her party right?
Clarisse: Yes, Mam
Defense Madelar: And since you were chatting with the other guests you cannot
possibly witness whether your brother had some drinks at the party right?
Clarisse: I did not see him drink because he was playing with our younger cousins.
Defense Madelar: You earlier mentioned that your brother also mingled with other
guests during the party but now you are trying to impress upon this Court that the
entire time you were at the party,all your brother did was play with your younger
cousins?
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PEOPLE VS OBSEQUIO
Prosecution (Argin): Objection! Argumentative.
Clarisse: No, I just said that I did not see him drink as he was playing with our
cousins.
Defense Madelar: But would you agree with me that during the entire time you
were at your Birthday party, your attention was not focused on what your brother
was doing at the party, right?
Prosecution (Argin): Objection! Leading.
Clarisse: No Mam. We, together with our cousins, were in the living room during
the party.
Defense Madelar: In your statement you likewise mentioned that the accused was
at the store of Mr. Chan, what was he doing there?
Clarisse: He was drinking.
Defense Madelar: Knowing that he has been drinking, is it correct to say that you
did not feel threatened by the presence of the accused, otherwise neither you nor
your brother would have allowed you to go to the store knowing that there was a
drunk man there?
Clarisse: Yes, l did not feel threatened by his presence at first.
Defense Madelar: When you first saw the accused at the store he did not appear to
you as someone who would cause some trouble right?
Prosecution (Argin): Objection, your honor. The question calls for speculation.
Clarisse: I cannot say for certain, Mam.
Defense Madelar: You mentioned in your judicial affidavit that the accused called
you ANgela is that correct?
Prosecution (Argin): Objection your Honor! Leading Question/Speculative.
Clarisse: Yes, Mam.
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Defense Madelar: And because he mistook you as Angela, you came to a
conclusion that the accused was already intoxicated, is that correct?
Clarisse: No it was because when I arrived at the store, his breath reeked of alcohol
already.
Defense Madelar: Would you agree with me that when you arrived at the store and
noticed that the breath of the accused reeked of alcohol, the accused did not appear
to you as someone who would cause some trouble that is why you still continued
your plan to buy something at Mr. Chan store, is that correct?
Clarisse: No, attorney. I just needed to buy something and my brother was with me
anyway.
Defense Madelar: You also mentioned that while you were buying something at the
sari-sari store of Mr. Chan that your brother was at the caimito tree in front of the
sari -sari store. Can you tell this court how far was the store from where your brother
was at that time?
Clarisse: He was 5 meters away in my estimate, Mam.
Defense Madelar: Where was the caimito tree from which your brother was
standing located?
Was it across the street?
Clarisse: Yes, it was across the street.
Defense Madelar: Were there vehicles passing along the street that time?
Clarisse: None at that moment.
Defense Madelar: lf your brother was standing at the caimito tree talking to his
girlfriend looking at the other side, how could he witness the incident?
Clarisse: I think he turned his attention to me when heard me when l shrieked in pain
because of how the accused tightened his grip on my hand.
Defense Madelar: Did you sustain any injury from the accused?
Clarisse: There was no physical wound but I felt pain in the area where he gripped
me, attorney.
Defense Madelar: Did you undergo a medico legal exam?
Clarisse: No Mam.
Defense Madelar: Is it not a fact that it was your brother who punched the accused
first which led him to fall to the ground?
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Clarisse: Yes, it was correct that it was my brother who punched the accused..
Defense Madelar: You also stated that you did not notice that the accused was able
to stand up quickly and that he grabbed your brother from behind and pinned him to
the ground. Is this correct?
Clarisse: Yes, Mam.
Defense Madelar: Can you demonstrate to the court how the accused grabbed your
brother from behind?
Clarisse: Yes, Mam. Victor attacked my brother from behind while my brother was
facing me and checking my arms and hands. He hooked his right arm on my
brother’s throat which easily took him down and the accused pinned him on the
ground subsequently.
Defense Madelar: What did you do when you saw your brother pinned to the
ground?
Clarisse: I screamed and ran for help from the nearby neighbors because I saw that
the accused was holding and pointing a small knife at my brother’s chest while my
brother was lying on the floor.
Defense Madelar: When this untoward incident happened, were you shocked?
Clarisse: Yes, Mam. D: How far or near were you to the accused and your brother
during the time that he was pinned to the ground?
Clarisse: 1-2 meters away, Mam.
Defense Madelar: In your statement you alleged that you screamed and ran for help
when you saw the accused holding and pointing a small knife at your brother. Which
hand of the accused was holding the knife?
Clarisse: I cannot recall, Mam.
Defense Madelar: Since you ran for help, is it not a fact that you did not actually
see the exact moment the stabbing incident took place?
Clarisse: I did not witness the exact moment of the stabbing incident.
Defense Madelar: Since you did not actually see the exact moment of the stabbing
incident. Is it correct to say that although you saw the accused holding a small knife,
you did not see where the knife came from?
Clarisse: Yes, I did not actually see where the knife came from.
Defense Madelar: So you cannot categorically say that the accused owned the
knife?
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PEOPLE VS OBSEQUIO
Clarisse: Yes.
Defense Madelar: And since you did not actually see where the knife came from,
is there a possibility that the knife could actually come from your brother?
Prosecution (Argin): Objection your honor. The question calls for speculation.
Judge (Lea): Overruled/ Sustained
Defense Madelar: Your Honor please if there is a possibility that the knife came
from his brother.
Clarisse: I don’t know, Mam.
Defense Madelar: Madam Witness, is it not a fact that prior to this incident, your
brother and the Accused have no previous encounter nor were they involved in any
altercation against each other?
Clarisse: Yes, Mam.
Defense Madelar: And since they have no previous encounter nor altercation, the
accused has no motive to deliberately harm the victim, right?
Clarisse: I cannot say for certain Mam. The accused was definitely seemed
determined to tackle and harm my brother who was defending me from him during
the incident.
Defense Madelar: Please answer only the question being asked.
Defense Madelar: Since you mentioned that there was no previous encounter nor
altercation between your brother and the accused, would you agree with me that
there was no known or reported grudges between them? ls that correct?
Clarisse: I cannot say for certain, Mam.
Defense Madelar: No further questions, your honor.
Direct Examination – Prosecution Witness: Store Owner, Chan Bonador
Judge (Lea): The witness may now step down the witness stand. Is the second
witness for the prosecution available?
Prosecution (Nicol): Yes, your honor. May we call on Mr. Chan Bonador, your
honor.
Judge (Lea): Swear in the witness.

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PEOPLE VS OBSEQUIO
whole truth and nothing but the truth?
Mark: I do.
COC (Reena): Please state your name, age, address, and other personal
circumstances.
Mark: I am Chan Bonador, 30 years old, single, Filipino, and residing at Blk 4 Lot
18, Happy Subdivision, Old Albay, Legazpi City and a businessman.
CI thess: The witness is now ready.
Judge (Lea): Offer of testimony?
Prosecution (Nicol): The testimony of the witness is offered to prove the allegations
in the information and to corroborate the testimony of the earlier witness Ms.
Catangay.
Prosecution (Nicol): May it please the Court. Good day, Mr. Witness.
Mark: Good day, Sir!
Prosecution (Nicol): Do you remember having executed a judicial affidavit in

relation to this?
Mark: Yes, I remember Atty.
Prosecution (Nicol): If that judicial affidavit will be shown to you will you be able
to identify it?
Mark: Yes, I can.
Prosecution (Nicol): (Hands over the judicial affidavit) Kindly go over this. Please
tell this Honorable Court, how is this related to the judicial affidavit you said you
executed.
Mark: (Going over the document) This is the one I executed.
Prosecution (Nicol): Why do you say this is the one you executed?
Mark: I remember having narrated to Atty. Fritz Angelo Vargas the circumstances
as stated in the affidavit. Besides, I have my name and signature on page 4 of this
judicial affidavit.
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PEOPLE VS OBSEQUIO
Prosecution (Nicol): Now, Mr. Witness, please refer to number 6 of your judicial
affidavit — the one saying that you said you know Victor Obsequio. How is this
Victor Obsequio related to the Victor Obsequio who is the accused in this case?
Mark: He is one and the same person.
Prosecution (Nicol): If you see Victor Obsequio will you be able to identify him?
Mark: Yes, Atty.
Prosecution (Nicol): Kindly look around this court if you can see him right now.
Mark: Yes, I can see him. He is the one wearing yellow.
Prosecution (Nicol): May we request the Court Interpreter to ask the name of the
person identified by the witness.
CI Thess: Person wearing please stand and tell us your name.
(Accused Victor Obsequio stands up and states his name.)
Prosecution (Nicol): Mr. Witness, you said in your affidavit, particularly

number 7, that the accused always visits your store to buy alcoholic drinks. That
occurs weekly, sometimes even twice or thrice in just a single week. Is that correct?
Mark: Yes, Atty..
Prosecution (Nicol): During the day the incident occurred, you said he was
drinking red horse beer. Is that correct?
Mark: Yes, he always drinks red horse beer.
Prosecution (Nicol): I see. During the times when he does not visit your shop,
have you seen him around the vicinity?
Defense Madelar: Objection, your honor, the question is leading.
Judge (Lea): Overruled/Sustained
Mark: I have seen him a couple times pass by my shop while drunk. D: Objection
your honor. I move to strike the testimony of the witness' answer for being
unresponsive to the question.
Prosecution (Nicol): On the day of the incident, you said you were in your sari-
sari store. What happened on that night?
Mark: On that night, the accused was at my store, having finished around 6 or 7
bottles, he was already very drunk.
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Prosecution (Nicol): Ok, let’s move to my next point. You have said in your
judicial affidavit that on that day, at around 5 pm, you saw Mr. Victor Obsequio stab
Mr. Kurdapyo Catangay. Can you specify what you saw? (leading but nasa script)
Mark: Mr. Catangay was angry that Mr. Obsequio was harassing his younger sister.
They fought so l called the police.
Prosecution (Nicol): What did you see next, if any?
Mark: The next thing I saw was Kurdapyo was already profusely bleeding on the
ground and Victor was holding a bloody knife pointed to the body of the accused.
Prosecution (Nicol): Did you see who stabbed Kurdapyo?
Defense Madelar: Objection, your honor, the question is misleading.
Mark: Based on what l saw, the bloody knife and a bleeding victim, l am certain that
it was Victor who stabbed Kurdapyo.
Prosecution (Nicol): That would be all your Honor. No further questions.
Defense Madelar: With your permission, your honor.
- Cross Examination –
Defense Olila: Mr. Witness, you mentioned that you know the victim in this case.
Can you describe the body built of the victim and how tall was he?
Mark: He has a slim body type. He is around 5 ‘1“.
Defense Olila: You mentioned that the accused kurdapyo was one of your loyal
customers, do you happen to know how tall he is? Is he taller or shorter than the
victim? How about his body built?
Mark: He has a fit body type. He is, by my estimation, around 5’5“. He is a bit taller
than the accused
.
Defense Olila: As one of your loyal customers, how long have you known the
accused?
Mark: About 3-4 years.
Defense Olila: Do you happen to know that the accused is a school educator?
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PEOPLE VS OBSEQUIO
Mark: None.
Defense Olila: How about between the accused and the victim, do you happen
to know if there was any reported incident involving the two prior to the incident
subject of this case?
Mark: None.
Defense Olila: And during the time that he has been your loyal customer, was
there any instance that he caused you any trouble?
Mark: None.
Defense Olila: By the way, do you happen to know where the accused lives?
Mark: He lives nearby my store.
Defense Olila: How far is your store to the place where the accused lives?
Mark: I cannot say for certain but a few houses away.
Defense Olila: Do you happen to know that the accused is a school educator?
Mark: Objection your honor. The question is irrelevant.
Defense Olila: Your honor please, this is relevant to establish the character of the
accused as a responsible public servant prior to the incident in question.
Mark: As far as I know, he is not involved in politics.
Defense Olila: You also stated that you have been running a sari-sari store, what
is its operating hours?
Mark: We open at 6 in the morning and close shop at 8 in the evening.
Defense Olila: During the entire time that the store is open, who mans it? Are
you saying that from opening time to closing time every day you are the only one
manning the store?
Mark: My mother sometimes mans the store if I have other things to do.
Defense Olila: By the way, what items do you sell in your store? M: Just like
your typical sari-sari store. Mostly food items such as canned goods, noodles, and
bread. We also sell alcoholic beverages and cigarettes.
Defense Olila: Do you happen to recall what each and every customer of yours
buy in your store? (or are you telling the court that you can recall each and every
time that each customer of yours buys in your store?)
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Mark: I can recall mostly the things that customers buy within the week since I do
my inventory count weekly.
Defense Olila: you also mentioned that the accused and his friends would drink
at least once or even twice or thrice a week. Where do they usually drink?
Mark: In front of my sari-sari store. I have a couple of tables and chairs for my
customers.
Defense Olila: On the day of the incident at around 5pm, who were the people
you saw in your store?
Mark: From the position where I was sitting, which is inside my store, I did not see
anyone else other than the victim, siblings and accused.
Defense Olila: Prior to the incident, did you notice anything unusual about the
accused who was drinking alone at your sari-sari store?
Mark: None, Atty.
Defense Olila: By the way, you mentioned earlier that the accused was drinking
Red Horse. What if you can recall the size of the Red Horse which the accused
drank?
Mark: The small bottle.
Defense Olila: You testified earlier that you saw the victim profusely bleeding
on the ground while the accused was holding a bloody knife, is that correct?
Mark: Yes, Atty.
Defense Olila: So is it correct to say that you were also not able to see how the
bloody knife appeared in the scene of the incident particularly in the hands of the
accused?
Mark: Yes, Atty.
Defense Olila: That is all your Honor.
-Direct Examination-
Defense Mijares: Do you recall what happened in the afternoon of October 16,
2022 around 5pm?
Victor: Yes,. I was still there drinking and talking with my friend
Defense Mijaresa: Could you recall how many bottles had you already finished at
that time?
Victor: No,. I did not count.

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Defense Mijares: While you were drinking what happened next if any?
Victor: I saw someone whom I mistook as my ex-girlfriend, buying something

from the store.
Defense Mijares: What if any did you do when you saw her?
Victor: I lightly held and reach her arm and asked her why she dumped me. I
pleaded to her to come back.
Defense Mijares: After pleading with her, what did happen?
Victor: That person suddenly punched me on the face which caused me to fall
in the ground. l was caught off-guard for my attention was focused on Clarise.
Defense Mijares: And then what happened next, if any?
Victor:I pinned him on the ground.
Defense Mijares: What happened after that, if any?
Victor: He suddenly drew out a knife from his right pocket.
Defense Mijares: After you pinned on the ground the victim, what happened next,
if any?
Victor: We struggled for the possession of the knife but he suddenly pulled the
knife away from me and accidentally stabbed himself.
Defense Mijares: After you saw the victim drew a knife from his pocket, what
happened next, if any?
Victor: I quickly changed my stance and grappled the knife with him.
Defense Mijares: When you grappled the knife with the victim, what happened
next, if any?
Victor: It happened so fast that the next thing l knew was that l accidentally
stabbed him during the course of our scuffle.
Defense Mijares: After the victim was accidentally stabbed, what happened after,
if any?
Victor: The woman whom l thought was my girlfriend pushed me away.
Defense Mijares: After the sister of the victim pushed you away, what happened
next, if any?
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PEOPLE VS OBSEQUIO
Victor: It was then that i realized that the woman whom l mistaken as my
girlfriend turned out to be Clarise.
Defense MIjares: When you accidentally stabbed the victim, what did you do, if
any?
Victor: I ran away and surrendered myself to the police authorities since l was
afraid because people then were slowly coming in and that they might come after
me.
Defense Mijares: Alright. No further questions your honor
Judge (Lea): Does the prosecution wish to cross exam?
Prosection (William): With your permission, your honor
- Cross Examination –
Cross Examination - Accused: Victor Obsequio
Prosection (William): Mr. Obsequio, you mentioned in your direct examination

that you did not recognize Ms. Catangay at the store on the date of the incident. Is
that correct?
Accused (Victor): Yes, Atty.
Prosection (William): Why did you not recognize Ms. Catangay when you said
you know her personally?
Accused (Victor): I had been drinking that afternoon and at a glance l mistook her
for Angela, my ex-girlfriend.
Prosection (William): You described Angela as slim, beautiful, and fair-skinned.

How about Clarisse, how will you describe her?
Accused (Victor): She has the same physical attributes as Angela, maybe that’s the
reason why I mistook her as the same person during the incident.
Prosection (William): Help me with this Mr. Obsequio, if you were drunk to the
point of not recognizing Clarisse, how were you able to quickly get up on your feet,
fight back and pin the deceased on the ground as you stated earlier?
Accused (Victor): I had some drinks but at that time l fell to the ground after being
punched by the victim, my initial reaction was to get up and fight back.
Prosection (William): Alright, you also mentioned earlier that you know the
deceased in this case?
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Accused (Victor): Yes, Atty..
Prosection (William): You also described him as 5’1’’ in height and you were
much taller and bigger than him, is that correct?
Accused (Victor): Yes Atty. .
Prosection (William): lf he had that small of a build, do you think he could have
overpowered you when you already have him pinned on the ground?
Defense Mijares: Objection your honor, the question is misleading, speculative,

and stating an opinion.
(lf sustained, ask the next question. lf overruled, witness answer the question)
Accused (Victor): I cannot categorically say that he can or cannot overpower me

because at that time while he was pinned on the ground he suddenly drew a knife.
Prosection (William): You also said that you were able to recognize Clarisse only
when she pushed you away after stabbing Kurdapyo, is that correct?
Prosection (William): Why do you think is that so?
Defense Mijares: Objection your honor, the question is irrelevant.
Prosection (William): Your honor, my question is pertinent to our case.
Accused (Victor): I was somewhat disoriented and it was only when she pushed me
aside That I came to my senses and l was really terrified.
Prosection (William): Were there other incidents where you have mistaken a
person for someone else that long?
Accused (Victor): None that I know of so far.
Prosection (William): So you were clearly disoriented and intoxicated during the
incident?
Accused (Victor): I was somewhat disoriented after having some drinks.
Prosection (William): So despite being intoxicated, you were able to quickly get
up and pin the deceased on the ground as you said earlier?
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Prosection (William): So is it correct to say that you were aware of your actions
during the altercation as you can vividly recall them?
Accused (Victor): I cannot categorically say.
Prosection (William): You stated earlier that you ran after having stabbed the
victim. Why did you run?
Accused (Victor): People were slowly coming in. I was afraid that they might come
after me.
Prosection (William): You said it was an accident. Why were you afraid?
Accused (Victor): I was afraid they might hurt me.
Prosection (William): And why do you think they would hurt you?
Accused (Victor): Because I was holding a knife they may think I intentionally
stabbed the victim.
Prosection (William): How about the knife? What did you do to it after having
stabbed the deceased?
Defense Mijares: Objection your Honor, the question is misleading
Prosection (William): Let me rephrase my question, your honor. Mr. Obsequio,

how about the knife, do you know where is it?
Accused (Victor): I do not know for certain, Attorney. l was focused on running
away from the scene l do not remember if I dropped the knife or what.
Prosection (William): Alright. No further questions, your honor.
Defense Melanie: May we call on Rogelio Belen, Your Honor.
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PEOPLE VS OBSEQUIO
Rogelio : Yes, I do.
circumstances.
Valerie: I am Rogelio Bellen, _______years of age, single and residing in

Padang Legazpi City and currently employed as Private employee.
Defense Melanie: Your honor, we are offering the testimony of the witness to
disprove the allegations in the complaint and the accused, Victor Obsequio is not
guilty of the
crime charged. We are likewise offering the testimony of this witness to identify the
Judicial Affidavit she executed in connection with this case and that the same
form part of her direct testimony.
J: Proceed.
Defense Melanie: Your honor, may l approach the witness?
J: Granted.
Defense Melanie: I will show a document consisting of 3 pages to the witness. Can
you please tell what this document is?
Rogelio : Yes, it is my judicial affidavit. I remember having narrated to Atty.

Libreja the contents of this affidavit.
D: On page 3 is a signature over the printed name Jose Rogelio Belleb

, whose signature is this ?
Rogelio: It is my signature.
D: Alright. it is stated here in your affidavit that you personally know the victim.
Rogelio : Yes Ma’am.
D: How did you come to know him?
Rogelio: He was an educator in our community, a neighbor and childhood friend,

who lives in the same street with me.
D: After his girlfriend left him, what if any happened to the accused?
Rogelio : He rarely goes out, but for the past month I would see him hanging out
with his
friends.
D Melanie: How often do you see them hanging out?

Rogelio : Usually twice but occasionally thrice a week every time I go home.
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PEOPLE VS OBSEQUIO
-CROSS EXAMINATION -
Cross Examination – Defense Witness: Rogelio Belen
Prosecution (Nicol): Mr. Witness, you said during your direct examination that you
have been friends since childhood with the accused, Victor. Is that correct?
Rogelio: Yes, Atty.
Prosecution (Nicol): You also said that he always confided to you about his
relationship. How close are you with the accused for him to confide in you?
Rogelio: We have been friends since childhood. We basically grew up together. We

were classmates in elementary and high school.
Prosecution (Nicol): So you are very close with the accused. How about the
deceased, Kurdapyo? How well do you know him?
Rogelio: I just know him to be the brother of Clarisse. I saw him once in a while in
the neighborhood but most of the time it’s when his group is involved in a fight.
Prosecution (Nicol): Alright. You have also mentioned earlier that you were inside
your house when the incident happened. What exactly did you see when you went
out of your house to check the commotion?
Rogelio: I saw Victor fighting with someone.
Prosecution (Nicol): Can you please describe to the court what exactly did you
see the moment you went out of your house?
Rogelio: I saw Victor on top of Kurdapyo and Kurdapyo pulled a knife from his
pocket.
Prosecution (Nicol): In your JA, you said that Kurdapyo pulled a knife from his back
pocket. But in Val’s statement, she said Kurdapyo pulled a knife from his right
pocket. Are
you sure about what you saw, madam witness? (IN VAL’s JA Side pocket this is in
the script wala sa JA ni Belen??)
Rogelio: Yes, in my perspective it was from his back pocket.
Prosecution (Nicol): Okay. No further questions, your honor.
- DIRECT EXAMINATION -
Defense Luis:May we call on valerie Bayola, Your Honor.

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PEOPLE VS OBSEQUIO
Val: Yes, I do.
circumstances.
Valerie: I am Valerie Bayola, of legal of age, single and residing in Padang

Legazpi City and currently employed as Private employee.
Defense Luis: Your honor, we are offering the testimony of another witness to
disprove the allegations in the complaint and the accused, Victor Obsequio is not
guilty of the
crime charged. We are likewise offering the testimony of this witness to identify the
Judicial Affidavit she executed in connection with this case and that the same
form part of her direct testimony.
Defense Luis: Your honor, may l approach the witness?
Judge (Lea): Granted.
Defense Luis: By the way can you still recall where you were at on October 16,
2022 at about 3:00 o’clock p.m?
Val: Yes, I was buying at the store of Mr. Chan, the storeowner.
Defense Luis: Do you know Mr. VICTOR OBSEQUIO?
Val: No, Sir. I don’t know him personally.
Defense Luis: Do you happen to recall what occurred in the afternoon?
Val: That was the day that I saw KURDAPYO and VICTOR engaged in an
altercation which led to the death of the former.
Defense Luis:: Have you witnessed the entire incident?
Val: Yes, Sir.
Defense Luis: Then you can recount what you saw during the unfortunate incident
that took place at the said store on On October 16 at about 5 p.m?
Val: Yes. Sir.
Defense Luis:: Can you tell me what you saw?
34 | MOCK TRIAL
PEOPLE VS OBSEQUIO
Val: I went to Mr. Chan’s sari-sari store to buy liquor and snacks for my father when
I saw MARY CLARISSE arrive and placed her order to Mr. Chan. I was just waiting
for Mr. Chan to give me my change when suddenly VICTOR, who was drinking
near the store, stood up and approached MARY CLARISSE and reached her arm.
Defense Luis: Can you tell if VICTOR was drunk or not at the time he approached
MARY CLARISSE?
Val: No, Sir. I can see that VICTOR was not drunk. He didn’t look like someone
who was already drunk.
Defense Luis: What did you do when VICTOR reached the arm of MARY
CLARISSE?
Val: I did not react since the situation was not alarming.
Defense Luis: What happened then after?
Val: I heard VICTOR call MARY CLARISSE a different name. MARY CLARISSE
was startled when VICTOR reached her arm. Then, she started screaming, then I
saw her brother KURDAPYO coming towards them and I can tell that her brother
was very angry.
Defense Luis: By stating that KURDAPYO approached MARY CLARISSE and

VICTOR visibly angry, you are saying that KURDAPYO forcefully intervened in
the altercation?
Val:Yes Sir. KURDAPYO grabbed VICTOR’s collar and punched him in the face.
VICTOR fell to the ground and then KURDAPYO started to kick him violently
shouting invectives at the same time.
Defense Luis::So you are stating then that KURDAPYO assaulted VICTOR without
even asking the latter why he was accosting his sister?
Val: Yes Ma'am. KURDAPYO just punched VICTOR and when the latter was down
and he continued kicking him.
Defense Luis: What happened then, if any?
Val: I was not sure but somehow VICTOR was able to grab KURDAPYO’s leg and
the latter fell also to the ground then VICTOR went after him. Then I saw
KURDAPYO suddenly holding a knife then they struggled violently after which I
saw blood flowing from the two.
DefenseLuis: Do you care to describe the knife you saw?
Val: No Sir. I am not sure of its exact details but it is surely a knife.
Defense Luis:And you are saying that you saw it being held by KURDAPYO first.
Is that right?
Val: Yes, Sir.
Defense Luis: How can you be so sure about that?
Val: It was because after KURDAPYO fell and VICTOR came on top of him, I saw
KURDAPYO reached on his side pocket after which he was holding the knife.
35 | MOCK TRIAL
PEOPLE VS OBSEQUIO
Defense Luis: What happened next?
Val: I saw MARY CLARISSE crying for help and her brother, KURDAPYO, was
lying on the ground motionless and with blood all over his body. VICTOR then left
the store and ran away in my opposite direction. Then a few minutes later, the police
authorities and a medical team arrived.
DLuis: Alright. No further questions, Your Honor
Judge (Lea): Does the Prosecution Wish to cross examine?
Prosecution (Argin): With your permission, Your Honor.
- CROSS EXAMINATION -
Cross Examination – Defense Witness: Valerie Bayola
Prosecution (Argin): Okay. You also stated earlier that you were shocked to see
______ and a man you later identified as the deceased_______. How later was later?
I mean, at what point did you recognize the other person as _______?
Val: Later, like a couple of seconds. When I saw the two of them fighting, I
recognized _______ and eventually l had a clear vision of who _____ was fighting
with. l recognized ________.
Prosecution (Argin): In your estimate, how many meters away were you from
the place of the incident?
Val: _____ to ___ meters
Prosecution (Argin): So if it was about _________ meters and you said in your
direct exam you did not immediately recognize the deceased whom you say you
know as a troublemaker in your neighborhood, how sure are you about the accuracy
of your recap of the incident?
M: I am definitely sure.
Prosecution (Argin): Alright. Thank you. No further questions, your honor.
OFFER OF EVIDENCE BY THE DEFENSE
Judge (Lea): Do you have any more witnesses to present Counsel?
Defense Melanie: We have no more witnesses to present your honor.
36 | MOCK TRIAL
PEOPLE VS OBSEQUIO
With the permission of the Honorable Court. Your honor please, the defense offers
in evidence the following documentary exhibits:
EXH. 1. MEDACO LEGAL REPORT _______ from the ______________
EXH. 1-a. The signature of _________. on the _________.
Exhibits 1 and 1A are being offered in evidence to prove that the accused sustained
injuries as a result of being punched during the incident in question , your honor,
which document had been duly admitted by the prosecution as to its facts and
contents during the pre-trial of the case together with the admission of the
genuineness and due execution of the mentioned exhibits, your honor.
That is all for the defense, your honor. The defense now rest in case.
-PROSECUTION-
Prosecutor: With the permission of this Honorable Court, may we please introduce,
MR. KAVIN CAMACHO, as a rebuttal witness, to testify as to the ownership of the
weapon used in the commission of the crime charged.
Judge: Proceed.
Prosecution (Vincent): May we call on Kavin Camacho, Your Honor.
Kavin: Yes, l do
circumstances.
Kavin: I am KAVIN CAMACHO, of legal age, single, and a resident of Legazpi

City, Albay and currently a Barangay Councilor..
Prosecution (Vincent): Your honor, the purpose of the testimony of the witness is
already stated in the judicial affidavit may we adopt it?
Judge (Lea): Okay, adopt the purpose of the testimony of the witness.
Prosecution (Vincent): May it please the Court. Good day, Madam. Witness.
37 | MOCK TRIAL
PEOPLE VS OBSEQUIO
Kavin: Good day Atty.
Prosecution (Vincent): Do you remember having executed a Judicial Affidavit in

Kavin: Yes, Atty.
Prosecution (Vincent): If I show it to you will you be able to identify it?
Kavin: Yes, Atty.
Prosecution (Vincent): I have here this document with me (Shows it to the witness),
Kavin: (Takes the document and scans it )Yes, Atty. This is the Judicial Affidavit
that I executed.
Prosecution (Vincent): Whose signature appears on page 5 of the document?
Kavin: It is my signature sir.
Prosecution (Vincent): Alright. It is stated here in your affidavit that Victor

Obsequio was the owner of the knife that happened to be the same knife used to stab
the victim Kurdapyo Catangay, and that the same was a It was a Black Swiss Knife,
at about 3-4 inches long, which the accused Victor carries with him every time. Do
you confirm that this has been identified in your Judicial Affidavit?
Kavin: Yes sir.
Prosecution (Vincent): Do you confirm and affirm the veracity and the truthfulness
Kavin: Yes, Atty.
Prosecution (Vincent): Are aware that the statements in the Judicial Affidavit are
made under oath, and that you may face criminal liabilities for false testimony or
perjury?
Kavin: Yes, I am aware, Atty

.
Prosecution (Vincent): That will be all for the witness, your honor.
OFFER OF EVIDENCE BY THE PROSECUTION
Judge (Lea): Do you have any more witnesses?
Prosecution (Vincent): We have no more witnesses to present your honor.
38 | MOCK TRIAL
PEOPLE VS OBSEQUIO
Prosecution (Argin): With the permission of the Honorable Court. Your honor
please, the defense offers in evidence the following documentary exhibits:
EXH. G. CERTIFICATE OF DEATH of Kurdapyo Catangay

EXH. H. POLlCE lNVESTlGATlON REPORT dated 16 October 2022
EXH. H-1 MEDlCO LEGAL AUTOPSY REPORT dated 19 October 2022
Exhibit G is being offered as evidence to prove the fact of death and the contents
therein. Exhibit H and H-1, are being offered to prove the truthfulness of the
circumstances surrounding the events that led to the death of the victim via
presumption of regularity and the cause of death of the victim your honor, which
documents had been duly admitted by the prosecution as to its facts and contents
during the pre-trial of the case together with the admission of the genuineness and
due execution of the mentioned exhibits, your honor.
That is all for the prosecution, your honor. The prosecution now rests its case.
39 | MOCK TRIAL
PEOPLE VS OBSEQUIO

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MOCK TRIAL

FOR: HOMICIDE WITH DAMAGES

Interpreter : Tess Berces

Clerk of Court: Reena Matociños

Court Interpreter: Tess Berces

Stenographer : Brian Imperial

Judge : Lea Delgado

(all should stand)

Judge (Lea): (stamp gavel) Please be seated. Call the case.

Judge (Lea): Appearances.

Judge (Lea): ls the accused in court?

What is your plea?

Accused (Victor): Not guilty, your honor.

Judge (Lea):Alright mark your exhibits.

EXH. A. Birth Certificate of Kurdapyo Catangay

Judge (Lea): Any admission?

First, BIRTH CERTIFICATE OF KURDAPYO CATANGAY AND BIRTH

D Lorena:The defense admits your honor.

D Lorena:The defense admits your honor.

Third, HOSPITAL BILL OFFICIAL RECEIPT AND AMBULANCE

D Lorena:The defense admits your honor.

Next, AFFIDAVIT OF FUNERAL EXPENSE AND FUNERAL HOME

D Lorena:The defense admits your honor.

D Lorena:The defense admits your honor.

D Lorena:The defense admits your honor.

Judge (Lea):What does the prosecution say?

Prosecution (Argin): We submit, your honor.

D Lorena:We admit, your honor.

Prosecution (Argin): The prosecution admits your honor.

D Melanie:No further requests for admission, your honor.

JudgeLea: So, what are the issues to be resolved?

Whether the accused committed the offense charged in the information.

Judge (Lea): How about the defense?

D Lorena: We adopt the same issues your Honor.

Direct Examination – Prosecution Witness: Police Investigator, Jodel De Lumen

Prosecution (William): May we call on Jodel De Lumen, Your Honor.

Judge (Lea): Alright, swear in the witness.

Jodel: Yes, l do.

Jodel: I am Jodel De Lumen, 30 years old, married, Filipino, residing at Rawis

Judge (Lea): Proceed.

Jodel: Good day, sir.

Prosecution (William): Do you remember having executed a Judicial Affidavit in

Jodel: Yes, Atty.

Jodel: Yes, Atty.

Prosecution (William): Whose signature appears on page 4 of the document?

Jodel: It is my signature sir.

Jodel: Yes, Atty.

Jodel: Yes, Atty.

Jodel: Yes, I am aware, Atty.

Judge (Lea): Does the Defense wish to cross?

Defense Luis: With your permission, your honor.

Judge (Lea): Proceed

CROSS EXAMINATION – PROSECUTION WITNESS: POLICE

Luis: No further questions your honor.

Direct Examination – Prosecution Witness: Medico Legal, Alexa Albao

Prosecution (William): May we call on Alexa Albao, Your Honor.

Judge (Lea): Alright, swear in the witness.

Judge (Lea): Proceed.