SCRIPT - PRE-TRIAL and TRIAL

Clerk of Court Cauilan

Interpreter Castro

Judge Manio

Prosecution Counsel Manimtim

Prosecution Witness / Batalla

Kenji Santos Lagman

Defense Counsel Capulong

Defense Witness / N/A (no lines)

Klaus Mochi Lucas

*Deleted the witness for Defense

*Prosecution witness lang for today according to Ms. Beadle

 PRE-TRIAL CONFERENCE

Clerk of court
All rise.

The court is now in session, silence is hereby enjoined, Hon.

Germinanio Manio Jr., Presiding.

Almighty God, we stand in your presence as our supreme judge, we

humbly beset 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 and fill our hearts with fraternal love, justice
and peace. In our proceedings today, guide us in the path of
righteousness for the fulfillment of Your greater glory.

Judge
(Stamp gavel) Sit

Call the case.

Clerk of court
Crim. Case No. 000234-PSY

People of the Philippines vs. Klaus Mochi Lukas

For violation of B.P. 22 for the Pre-Trial Conference.

Judge
Appearances?

Prosecution Counsel Entering my appearance for the prosecution, your Honor.

Defense Counsel Entering my appearance as counsel for the accused, your Honor.

Judge Let us start with the marking of exhibits for the prosecution.

Prosecution counsel Your Honor, we present the following documentary evidence and
mark as the prosecution’s exhibits:

1. Exhibit “A” - Contract of Loan to prove the loan contracted

by Klaus Mochi Lukas
 2. Exhibit “B” - Metrobank Check No. 0012345 to prove that a
check was issued by Klaus Mochi Lukas
3. Exhibit “C” - Letter of Demand to prove that Kenji Lagman
demanded from Klaus Mochi Lukas to make good of the
dishonored check the former issued the latter
4. Exhibit “D” - Formal Letter of Demand to prove that Kenji
Lagman sent a formal demand letter to Klaus Mochi Lukas
5. Exhibit “E” - the Return Receipt to prove that Klaus Mochi
Lukas received the formal demand letter from Kenji Lagman

Judge Comment or objection?

Defense counsel None, Your Honor.

Judge Mark the documents as evidence of the prosecution. We now

proceed to the marking of exhibits for the defense. Counsel?

Defense counsel Your Honor, we present the following documentary evidence and
mark as the defense’s exhibits:

1. Exhibit “1”- Metrobank Check No. 0012345 to prove that

the check is never dishonored by the bank as it contains no
markings by the bank; and To prove that the allegations of
the private complainant are made to impute a false crime
against the accused.
2. Exhibit “2” - Presidential Declaration dated 29 October 2021
to prove that there is an impossibility of private
complainant’s claim that he encashed the check on 01
February 2022; and To prove that allegations of the private
complainant are made to impute a false crime against the
accused
3. Exhibit “3” - Metrobank Declaration To prove that banks are
closed during the purported time and date of encashment
by the private complainant; and to prove that allegations of
the private complainant are made to impute a false crime
against the accused
 4. Exhibit “4” Judicial Affidavit of Klaus Mochi Lukas to prove
that allegations of the private complainant are made to
impute a false crime against the accused; and to prove
other matters relevant to the case

Judge Mark the documents as evidence of the defense.

Let’s proceed with the stipulation of facts. Any admission for the
prosecution?

Prosecution counsel We stipulate the personal circumstances of the accused, Klaus

Mochi Lucas, as to his identity in the information and arraignment
are one and the same.

Defense counsel Stipulated.

Prosecution counsel The identity of Kenji Santos Lagman, the victim.

Defense counsel Stipulated.

Prosecution counsel The date and place of issuance of the check.

Defense counsel Not stipulated.

Prosecution counsel The date and place when the said issued check was dishonored due
to lack of sufficient funds.

Defense counsel Not stipulated.

Prosecution counsel The date of the issuance of the demand letters.

Defense counsel Not stipulated.

Prosecution counsel That would be all, Your Honor.

Judge For the defense?

Defense counsel We stipulate the proclamation of the President dated 29 October

2021, as presented in Annex 2-A, declaring 01 February 2022 as a
Special Non-Working Day.

Prosecution counsel Stipulated.

Defense counsel We stipulate the impossibility of encashment of a check during a

declared Special Non-Working Holiday.

Prosecution counsel Stipulated.

Defense counsel We stipulate that there were no letters of demand nor notification
of dishonor given or sent to the accused.

Prosecution counsel Stipulated.

Defense counsel That is all, Your Honor.

Judge Very well. Witnesses for the prosecution?

Prosecution Your Honor we present the following witness:

First, Kenji Santos Lagman and we reserve the right to present any
witness whose testimony will become relevant.

Defense counsel Stipulated.

Judge For the defense?

Defense counsel We present the accused Klaus Mochi Lucas and we also reserve the
right to present any witness whose testimony will become
relevant.

Prosecution counsel Stipulated.

Judge Okay. Stipulation as to issues? For the prosecution.

Prosecution counsel Your honor we would like to present the following issue:

Whether or not the act of the Accused in making, drawing, and

issuing of the subject check constitutes violation of Batas
Pambansa Bilang 22.

Judge Any objections from the defense?

Defense counsel None, Your Honor.

Judge For the defense?

Defense counsel Your honor we present the following issue:

Whether or not the accused may be held liable for the violation of
Batas Pambansa Bilang 22, otherwise known as The Bouncing
Checks Law.

Judge All right. Trial dates?

Interpreter October 2, Your Honor.

Judge Available, counsel?

Prosecution counsel Available, Your Honor.

Judge Okay. Set the trial date for the Prosecution on October 2.

For the defense?

Interpreter October 9, Your Honor.

Judge Available, counsel?

Defense counsel Available, Your Honor.

Judge Okay. Set the trial date for the defense on October 9.

ORDER

Parties are notified in open court of the trial dates. No

postponements shall be allowed unless for meritorious grounds.
Set this case for trial on October 2, 2022. (today)

SO ORDERED.
 TRIAL

Clerk of Court All rise. Let us remain standing and join in praying for prayer

PRAYER: Almighty God, we stand in your presence as our

supreme judge, we humbly beset 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 and fill our
hearts with fraternal love, justice and peace in our
proceedings today, guide us in the path of righteousness for
the fulfillment of Your greater glory.

WITNESS, the Honorable Judge Manio, Presiding. Silence is

hereby enjoined.

Judge (Stamp gavel) Sit

Call the case.

Clerk of Court Crim. Case No. 000234-PSY

People of the Philippines vs. Klaus Mochi Lukas

For violation of B.P. 22 for the presentation of evidence for

the prosecution.

Judge Appearances?

Prosecution Counsel Entering my appearance for the State, your Honor. We are
ready to present our witness, Kenji Santos Lagman.

Defense Counsel Entering my appearance as counsel for the accused, your

Honor.

Judge Okay, present your witness.

Prosecution counsel I am presenting to the witness stand the witness, your Honor.

Judge Swear the witness.

Interpreter Raise your right hand. Do you swear to tell the truth, the
whole truth and nothing but the truth?

Witness I do.

Interpreter Please state your name and other personal circumstances.

Witness I am Kenji Santos Lagman, of legal age, Filipino, single with

business and postal address at 3-A Nueve Building, Brgy.
Dominga, Pasay City.

Interpreter The witness is now ready, your Honor.

Judge Prosecution counsel, your witness is now ready.

Prosecution counsel With the kind permission of the Honorable Court, we are
offering the testimony of this witness Your Honor to prove the
material allegations in the criminal information; to identify the
Accused and likewise to identify some documents executed in
relation to this case and to testify on other matters relative
thereto, Your Honor.

Judge Any comment from the defense counsel to the offer?

Defense counsel None, Your Honor.

Judge You may now proceed.

Prosecution counsel With regard to the Crim. Case No. 000234-PSY,

 What happened last January 10, 2022, if any?

Witness I was at my home in Pasay City when Mr. Klaus Mochi Lucas
(Mr. Lucas) went to my house to borrow money.

Prosecution counsel What is your relation with Mr. Lucas?

Witness Mr. Lucas is my friend.

Prosecution counsel You mentioned that Mr. Lucas borrowed money from you.
How much money did he borrow?

Witness Php100,000.00.

Prosecution counsel What proof do you have that Mr. Lucas borrowed money from
you?

Witness We executed a Contract of Loan.

Prosecution counsel I am showing you a Contract of Loan, is this the same contract
you are referring to?

Witness Yes.

Prosecution counsel May we pray Your Honor that this object evidence be marked
as Exh. “A.”

Judge Mark it accordingly.

Prosecution counsel So, how did you give Mr. Lucas the Php100,000.00?

Witness Thru cash.

Prosecution counsel Has Mr. Lucas paid back the Php100,000.00 he borrowed from
you?

Witness Not yet. Although he issued a Metrobank check in the amount

of Php100,000.00.

Prosecution counsel I am showing you Metrobank Check No. 0012345, is this the
check you are referring to?

Witness Yes.

Prosecution counsel May we pray Your Honor that this object evidence be marked
as Exh. “B.”

Judge Mark it accordingly.

Prosecution counsel What happened next, if any?

Witness Upon encashment of the check last February 1, 2022, I was

informed by Metrobank that the check is dishonored due to
lack of insufficient funds. I then informed Mr. Lucas about this.

Prosecution counsel How did you inform Mr. Lucas about his dishonored check?

Witness I informed him through a demand letter.

Prosecution counsel I am showing you a demand letter dated February 7, 2022, is

this the demand letter you are referring to?

Witness Yes.

Prosecution counsel May we pray Your Honor that this object evidence be marked
 as Exh. “C.”

Judge Mark it accordingly.

Prosecution counsel What did Mr. Lucas do upon receiving the demand letter, if
any?

Witness Nothing. Mr. Lucas ignored the demand letter.

Prosecution counsel What did you do after, if any?

Witness I engaged the services of my lawyer and asked them to send

another demand letter to Mr. Lucas.

Prosecution counsel I am showing you a formal demand letter dated February 22,
2022 with its Return Receipt, is this the demand letter you are
referring to?

Witness Yes.

Prosecution counsel May we pray Your Honor that this object evidence be marked
as Exh. “D” and Exh. “E” respectively.

Judge Mark it accordingly.

Prosecution counsel What did Mr. Lucas do after receiving the Formal Demand
Letter?

Witness Nothing. Mr. Lucas ignored the letter again. So, I was forced to
file a case against him.

Prosecution counsel That would be all, Your Honor.

Judge Cross-examination by the defense?

Defense counsel No questions, Your Honor.

Judge Any more witnesses for the prosecution counsel?

Prosecution counsel Your Honor, I have no more witnesses to present. I would like
to make now our formal offer of evidence.

Judge Granted.

Judge You may now formally offer your evidence now.

Prosecution counsel Thank you, Your Honor.

Your Honor, I respectfully offer our evidence as follows:

Exhibit “A” - Contract of Loan to prove the loan

contracted by Klaus Mochi Lukas

Exhibit “B” - Metrobank Check No. 0012345 to prove

that a check was issued by Klaus Mochi Lukas

Exhibit “C” - Letter of Demand to prove that Kenji

Lagman demanded from Klaus Mochi Lukas to make
good of the dishonored check the former issued the
latter

Exhibit “D” - Formal Letter of Demand to prove that

Kenji Lagman sent a formal demand letter to Klaus
Mochi Lukas

Exhibit “E” - Return Receipt to prove that Klaus Mochi

Lukas received the formal demand letter from Kenji
Lagman

With all the foregoing documentary exhibits in addition to the

 oral testimonies of Mr. Kenji Santos Lagman, the prosecution
hereby respectfully rests their case.

Respectfully submitted.

Judge Any objection from the defense?

Defense Counsel No objection, Your Honor.

Judge ORDER

The Prosecution counsel manifested that it has no more

witnesses to present. The prosecution counsel offered the
Exhibits A to E. Such exhibits are admitted as prosecution’s
evidence considering that these exhibits are not disqualified
under the rules of evidence.

Considering the trial date for the Defense is set on October 9,

2022, this session is now adjourned.

SO ORDERED.