GROUP 1

Article 334 CONCUBINAGE OF THE REVISED PENAL CODE

MOCK TRIAL
PEOPLE OF THE PHILIPPINES vs. ALFREDO ROMULO A. BUSUEGO
CLERK
Good morning to everyone! Before we begin today’s presentation our group
would like to convey our sincerest gratitude to our beloved professor
JORDAN GONZALO for his unyielding patience and deep understanding in
guiding us through the rigors of Remedial Law.
CLERK
Today, we are presenting the case of the People of the Philippines vs.
ALFREDO ROMULO A. BUSUEGO , the case stems from a violation of Article
334 of the Revised penal code otherwise also known as Concubinage.

INTRODUCE YOUR SELVES

I AM ( )THE PROSECUTOR
I AM ATTY. ( )AND ATTY ( )THE DEFENSE
COUNSEL
I AM ( )THE COMPLAINANT
I AM ( )AND I AM ( )THE ACCUSED
I AM ( )AND I AM PATROLMAN ( )AS EXPERT
WITNESS
AND I AM ( )THE CLERK OF COURT

ARRAIGNMENT
THE CLERK(Palimping)
For the arraignment. Please rise, the Regional Trial Court Branch 28 is now
on session ,Honorable judge Daryl Nalzaro presiding.
JUDGE(Nalzaro): (Grave bang!)
THE CLERK:(Palimping)
Let us pray, Almighty God, we stand in Your Holy Presence as our Supreme
Judge. We humbly beseech You to bless and inspire us so that what we
think, say and do will be in accordance with Your will. Enlighten our minds,
strengthen our spirit and fill our hearts with fraternal love, wisdom and
understanding, so that we can become 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(Nalzaro): Call the cases.
THE CLERK(Palimping):
Arraignment: Criminal case no. 3002-2017-CR People of the Philippines vs
ALFREDO ROMULO A. BUSUEGO for violation of Article 334 Concubinage of
the Revised Penal Code.
THE CLERK(Palimping) :Appearance for prosecution and the defense.
PROSECUTOR 1(CASANGOAN): Your honor, I am ( )appearing for
the public prosecutor for the government.
DEFENCE PROSECUTOR 1 (LIMBAGA): Your honor, I am Atty. (
)and my Co-counsel( )entering our appearance as counsel for the
accused
JUDGE(Nalzaro): Are the accused around?
CLERK(Palimping): Yes your honor. Please approach the bench.
JUDGE(Nalzaro): Arraign the accused.
CLERK(Palimping): English or Filipino?
ACCUSED(FLORES): English, ma’am .
CLERK:
Criminal case no. 3002-2017-CR People of the Philippines vs ALFREDO
ROMULO A. BUSUEG
The undersigned city prosecutor hereby accuse ALFREDO ROMULO A.
BUSUEG of the crime of CONCUBINAGE committed as follows:
The crux of the matter before this honorable court state the allegations
leveled against the defendant, Alfredo Romulo A. Busuego. It is alleged that
Mr. Busuego has engaged in extramarital affairs, substantiated by tangible
evidence in the form of photographs, love letters, and testimonies from
concerned family members.
Furthermore, it is contended that Mr. Busuego has grossly neglected his
familial duties, displaying a consistent pattern of absenteeism from his
marital home and the lives of his wife and children.
The gravity of the accusations against Mr. Busuego reaches a climax with
allegations of violence and intimidation. It is reported that he resorted to
threatening his wife with a loaded firearm, purportedly to dissuade her from
pursuing opportunities abroad.
Financial impropriety further compounds the situation, as Mr. Busuego
stands accused of failing to provide adequate support for his family, despite
their relocation to the United States.
Lastly, it is alleged that Mr. Busuego has exhibited a pattern of mistreatment
towards his own son, fostering an environment wherein the child felt
compelled to seek refuge and assistance from his mother.
In light of these allegations, this court is tasked with adjudicating whether
Mr. Alfredo Romulo A. Busuego is culpable of the crime of concubinage, as
stipulated under Article 334 of the Revised Penal Code.
This concludes the statement of the problem in the Alfredo Romulo A.
Busuego concubinage case, Your Honor.
JUDGE: Mr. ALFREDO ROMULO A. BUSUEGO, do you understand the crime
charged against you?
ACCUSED(FLORES): Yes, your honor.
JUDGE: What is your plea?
ACCUSED(FLORES): NOT GUILTY YOUR HONOR
JUDGE: Let it be on record that the accused pleaded not guilty for the
violation of Article 334 Concubinage of the revised penal code.
TRIAL
CLERK: For the trial. Please rise, the Regional Trial Court Branch 28 is now on
session, the Honorable judge ( )presiding.
JUDGE: Thank you. May you all be seated. Call the case.
CLERK: The court is now on session. We call on Case no. 3002-2017-CR
People of the Philippines vs ALFREDO ROMULO A. BUSUEGO.
JUDGE: Is the prosecution ready?
PROSECUTOR 1 (CASANGOAN): Yes, your honor.
JUDGE: Is the defense ready?
ATTY. ( LIMBAGA )AND ATTY.( CASANGOAN ): Yes, we are
ready your honor.

OPENING STATEMENT:

PROSECUTOR 1(CASANGOAN): Accused, ALFREDO ROMULO A. BUSUEGO is

tasked to trial of the crime of concubinage, as stipulated under Article 334
of the Revised Penal Code and We will prove that the accused is guilty
beyond reasonable doubt. The reason we ask you your honor is the verdict
of guilty.
JUDGE: The defense would like to give an open statement and the
prosecutor may rest his case.
DEFENCE PROSECUTOR 1 (LIMBAGA): We would like to state your honor of
the case People of the Philippines vs ALFREDO ROMULO A. BUSUEGO that
they are being accused of CONCUBINAGE, well in fact they don’t have any
knowledge of that crime, otherwise, they are just suspected without a firm
evidence and just a mere suspicious. The reason we ask you your honor is
the verdict of not guilty.
JUDGE: This court is now in session. The case of the People of the
Philippines versus Alfredo Romulo A. Busuego is now open for trial.
PROSECUTOR1 (CASANGOAN): Your Honor, may it please the court, the
prosecution would like to present its case.
JUDGE: You may proceed,the Counsel.
PROSECUTOR (CASANGOAN): Thank you, Your Honor. Ladies and gentlemen
of the jury, today we are here to discuss a grave matter of marital infidelity
and betrayal. The accused, Alfredo Romulo A. Busuego, stands accused of
the crime of concubinage, as defined and penalized under Article 334 of the
Revised Penal Code.[MODUOL ANG PROSECUTOR SA ACCUSED]
PROSECUTOR ( CASANGOAN): Your Honor, I would like to call Melissa S.
Diambanga to the stand.
JUDGE : Proceed!
CLERK: Please Raise your right hand. Do you swear to tell the truth, the
whole truth and nothing but the truth in this honorable court?
COMPALINANT (ABIL) :Yes, I do.
PROSECUTOR (CASANGOAN): May I proceed your honor?
JUDGE: Yes, you may proceed

PROSECUTOR (CASANGOAN): Your Honor, is the plaintiff herself, Mrs.

Busuego. Mrs. Busuego, can you please state your full name for the record?
COMPALINAN (ABIL)T: My name is Rosa S. Busuego.
PROSECUTOR 1(CASANGOAN): Mrs. Busuego, you have provided this court
with a sworn statement detailing the events leading up to this trial. Is that
correct?
COMPLAINANT (ABIL): Yes, that is correct.
PROSECUTOR 1 (CASANGOAN): According to your statement, you and the
accused were legally married on July 12, 1975, at the Assumption Church in
Ipil, Zamboanga Sibugay. Is that correct?
COMPLAINANT (ABIL): Yes, that is correct.
PROSECUTOR 1 (CASANGOAN): And your marriage was blessed with two
sons, Alfred and Robert?
COMPLAINANT (ABIL): Yes, that is correct.
PROSECUTOR 1(CASANGON) Mrs. Busuego, could you please tell the court
about the events that led to the deterioration of your marriage?
COMPLAINANT(ABIL): Certainly. In 1983, I discovered evidence of my
husband's infidelity. I found photographs and love letters from other women
addressed to him. When I confronted him, he denied any wrongdoing.
PROSECUTOR 1 (CASANGOAN): And how did Mr. Busuego's behavior
change towards you and your family?
COMPLAINANT(ABIL): He became increasingly absent from our home, often
coming home late at night and spending weekends with his friends instead
of his family.
PROSECUTOR 1 (CASANGOAN): Did Mr. Busuego ever attempt to prevent
you from pursuing opportunities, such as working abroad?
COMPLAINANT (ABIL): Yes, he vehemently opposed my plans to work in the
United States as a nurse.
PROSECUTOR 1(CASANGOAN): And can you please describe the incident
that occurred before your departure to the United States?
COMPLAINANT(ABIL): Mr. Busuego threatened me with a loaded gun,
forbidding me from leaving him and our family. It was only because my
mother arrived that he was prevented from carrying out his threat.
PROSECUTOR 1 (CASANGOAN): Mrs. Busuego, did Mr. Busuego provide any
financial support to you and your children while you were in the United
States?
COMPLAINANT(ABIL): No, he did not. In fact, I was the one who sent money
to him from time to time.
PROSECUTOR 1 (CASANGOAN): And when did you become aware of Mr.
Busuego's extramarital affairs?
COMPLAINANT (ABIL): In 2005, my son informed me of his father's illicit
affairs and mistreatment of him.
PROSECUTOR 1 (CASANGOAN): Thank you, Mrs. Busuego. Your Honor, the
prosecution rests its case.
JUDGE: Thank you, Counsel. The defense may now counterexamine .
Defense Prosecutor 1 (LIMBAGA): Your Honor, may I proceed with cross-
examination?
Judge: You may.

Defense Prosecutor 1(LIMBAGA): Good morning, Mrs. Busuego.

COMPLAINANT(ABIL):: Good morning.

Defense Prosecutor 1 (LIMBAGA): Mrs. Busuego, you've provided the
court with a detailed account of the events leading up to this trial.

COMPLAINANT(ABIL):: Yes, I have.

Defense Prosecutor 1(LIMBAGA: Let's delve into the discovery of the

photographs and love letters in 1983. When you found these items, did you
confront your husband immediately?

COMPLAINANT(ABIL):: Yes, I did.

Defense Prosecutor 1(LIMBAGA): And how did Mr. Busuego respond to

your confrontation?

COMPLAINANT(ABIL):: He denied any wrongdoing.

Defense Prosecutor 1(LIMBAGA): Did he offer any explanation for the

presence of these items?

COMPLAINANT(ABIL): No, he simply denied everything.

Defense Prosecutor 1(LIMBAGA): So, there was no admission of guilt or

apology from Mr. Busuego?

COMPLAINANT(ABIL):: No, there wasn't.

Defense Prosecutor 1(LIMBAGA): Moving on to your plans to work in

the United States, did Mr. Busuego ever express support for your career
aspirations?

COMPLAINANT(ABIL):: No, he was vehemently against it.

Defense Prosecutor 1(LIMBAGA): Was there any specific reason he gave

for opposing your plans?

COMPLAINANT(ABIL): He said he didn't want me to leave him and our

family.

Defense Prosecutor 1(LIMBAGA): Regarding the incident with the loaded

gun, did you ever report this to the authorities?
COMPLAINANT(ABIL):: No, I did not.

Defense Prosecutor 1(LIMBAGA): And why not?

COMPLAINANT (ABIL): I was afraid of what he might do if I involved

the police.

Defense Prosecutor 1(LIMBAGA): Thank you, Mrs. Busuego. Your

Honor, I have no further questions.

Judge: Redirect, Prosecutor?

Prosecutor 1(CASANGOAN): No, Your Honor. The prosecution rests its
case.
Judge: Very well.
JUDGE: Defence Council You may proceed presenting.
DEFENSE PROSECUTOR 1(LIMBAGA):The defense asserts that the
prosecution's portrayal of Mr. Alfredo Romulo A. Busuego is skewed and
lacks substantial evidence. They argue:
The evidence presented, including photographs, love letters, and
testimonies, is open to misinterpretation and manipulation, thus failing to
prove Mr. Busuego's involvement in extramarital affairs.
Allegations of neglect of familial duties are unfounded, with Mr. Busuego's
absence often due to legitimate reasons such as work obligations. He has
always prioritized his family's well-being.
Accusations of violence, particularly the alleged threat with a loaded
firearm, lack credibility and seem fabricated to tarnish Mr. Busuego's
reputation.
Claims of financial impropriety are baseless, as Mr. Busuego has consistently
provided financial support for his family, with any perceived shortcomings
attributable to external factors.
Allegations of mistreatment towards his son are refuted, with Mr. Busuego
maintaining a loving relationship, and conflicts being attributed to
misunderstandings.The defense contends that the prosecution's case lacks
substance and seeks to discredit the allegations against Mr. Busuego.
DEFENSE PROSECUTOR 1(LIMBAGA): Your Honor, at this time, I would like
to call Mr. Alfredo Romulo A. Busuego to the stand.
CLERK: Mr. Alfredo Romulo A. Busuego Please Raise your right hand. Do you
swear to tell the truth, the whole truth and nothing but the truth in this honorable
court?
ALFREDO ROMULO A. BUSUEGO(FLORES): yes ido
JUDGE: Mr. Busuego, please state your name for the record.
ALFREDO ROMULO A. BUSUEGO(FLORES): My name is Alfredo Romulo A.
Busuego.
DEFENSE PROSECUTOR 1(LIMBAGA): Mr. Busuego, you've heard the
allegations leveled against you by the prosecution. Let's address them one
by one. Firstly, regarding the accusation of engaging in extramarital affairs,
can you clarify your relationship with the individuals mentioned in the
prosecution's statement?
Alfredo Romulo A. Busuego(FLORES): I vehemently deny the accusation of
engaging in extramarital affairs. The individuals mentioned were either
friends or colleagues with whom I had no romantic involvement whatsoever.
DEFENSE PROSECUTOR 1(LIMBAGA):: Thank you, Mr. Busuego. Now,
regarding the accusation of neglecting your familial duties, can you explain
the circumstances surrounding your alleged absenteeism from your marital
home and the lives of your wife and children?
Alfredo Romulo A. Busuego(FLORES): My work often required me to travel
or attend to business matters, which may have led to periods of absence
from home. However, I always made sure to communicate with my family
and provide for their needs to the best of my ability.
DEFENSE PROSECUTOR 1(LIMBAGA): Understood, Mr. Busuego. Moving on
to the accusation of violence and intimidation, particularly the alleged threat
with a loaded firearm, what is your response to these claims?
Alfredo Romulo A. Busuego(FLORES): I categorically deny ever threatening
my wife or anyone else with a firearm. Such behavior goes against my
principles and values as a law-abiding citizen.
DEFENSE PROSECUTOR 1(LIMBAGA): Lastly, regarding the accusation of
financial impropriety and mistreatment of your son, can you shed light on
your financial support for your family and your relationship with your son?
Alfredo Romulo A. Busuego(FLORES): I have always prioritized the well-
being of my family and have worked hard to provide for them financially.
Any perceived shortcomings in financial support may have been due to
external factors beyond my control. As for my son, I love him dearly and
have never mistreated him in any way.
DEFENSE PROSECUTOR 1(LIMBAGA): Objection, Your Honor. The
defendant's responses are evasive and lack credibility.
Judge: Overruled. Defense counsel, please proceed.
DEFENSE PROSECUTOR 1(LIMBAGA):: Thank you, Your Honor. Mr. Busuego,
can you elaborate on the steps you've taken to maintain a positive
relationship with your son despite any family conflicts that may have arisen?
Alfredo Romulo A. Busuego(FLORES):: I have always tried to be there for my
son, offering guidance, support, and love. Any conflicts within the family
were addressed through open communication and mutual understanding.
DEFENSE PROSECUTOR 1(LIMBAGA): Thank you, Mr. Busuego. No further
questions, Your Honor.
OPPOSING PROSECUTOR: Your Honor, may I proceed with cross-
examination?
JUDGE: You may proceed.
OPPOSING PROSECUTOR 1 (CASANGOAN): Mr. Busuego, you claim to have
no romantic involvement with the individuals mentioned, yet there is
substantial evidence, including photographs and love letters, that suggest
otherwise. How do you explain this?
ALFREDO ROMULO A. BUSUEGO(FLORES): The evidence presented may be
misleading or misinterpreted. I maintain that I did not engage in extramarital
affairs as alleged by the prosecution.
OPPOSING PROSECUTOR 1(CASANGOAN): And regarding your alleged
absenteeism from your marital home, can you provide concrete evidence of
your whereabouts during these periods?
ALFREDO ROMULO A. BUSUEGO(FLORES): I may have been away for work-
related reasons, but I always remained in contact with my family and
ensured their needs were met.
OPPOSING PROSECUTOR 1(CASANGOAN): Mr. Busuego, isn't it true that
you have a history of violent behavior towards your wife and son, as
documented by police reports and medical records?
ALFREDO ROMULO A. BUSUEGO(FLORES): No, that is not true. Any such
documentation may have been fabricated or misconstrued.
OPPOSING PROSECUTOR 1(CASANGOAN): Your Honor, I request permission
to introduce these documents into evidence.
JUDGE: Granted. The documents will be admitted into evidence.
(OPPOSING PROSECUTOR WILL PRESENT THE EVIDENCE)
OPPOSING PROSECUTOR 1(CASANGOAN): Thank you, Your Honor.

DEFENSE PROSECUTOR 1(LIMBAGA): Your Honor, may I proceed with cross-

examination?
JUDGE : Proceed!
DEFENSE PROSECUTOR 1(LIMBAGA): Mrs. Busuego, I understand that this
has been a difficult time for you, but I must ask you some questions to
clarify certain points.
COMPLAINANT(ABIL): Of course, go ahead.
DEFENSE PROSECUTOR 1(LIMBAGA): In your sworn statement, you
mentioned that Mr. Busuego opposed your plans to work abroad. Could it
be possible that his opposition was rooted in concern for the well-being of
your family rather than any ill intent?
COMPLAINANT(ABIL): I suppose it's possible, but his opposition was very
adamant and aggressive.
DEFENSE PROSECUTOR 1(LIMBAGA): And regarding the incident with the
loaded gun, did Mr. Busuego physically harm you in any way?
COMPLAINANT(ABIL): No, but he threatened me with violence. It was a
terrifying experience.
DEFENSE PROSECUTOR 1(LIMBAGA): Mrs. Busuego, you mentioned that
you continued to send money to Mr. Busuego from the United States. Did
you ever discuss the reasons for his lack of financial support with him?
COMPLAINANT (ABIL): No, I didn't. I assumed he had his reasons.
DEFENSE PROSECUTOR 1(LIMBAGA): Regarding the alleged extramarital
affairs, did you have any concrete evidence to support these claims other
than hearsay from your son?
COMPLAINANT (ABIL): No, but I trusted my son's judgment.
DEFENSE PROSECUTOR 1(LIMBAGA): Mrs. Busuego, would you agree that
it's possible for misunderstandings to occur within a marriage, especially
during difficult times?
COMPLAINANT (ABIL): Yes, I suppose so.
DEFENSE PROSECUTOR 1(LIMBAGA): No further questions, Your Honor.
[The defense attorney returns to his seat, satisfied with the cross-
examination.]
JUDGE: Thank you, Counsel. The court will now take a brief recess before
the prosecution calls its next witness.
[The courtroom murmurs as the judge adjourns the session for a short
break.]

DIRECT AND CROSS EXAMINATION

JUDGE: We will now resume the trial. The prosecution may call its next
witness.
PROSECUTOR 2(CRUZ): Thank you, Your Honor. The prosecution calls Mrs.
Maria Teresa Santos-Busuego back to the witne(ss stand.
Mrs. Busuego, you mentioned in your sworn statement that you discovered
a certain Emy Sia living at your conjugal home in 1997. Could you please
elaborate on this matter?
COMPLAINANT(ABIL): Yes, Your Honor. I found out that Emy Sia was living in
our home when I returned from a trip. When I confronted Mr. Busuego
about her presence, he explained that she was a nurse at the Regional
Hospital in Ipil Zamboanga Sibugay and was allegedly in a dire situation,
claiming to have been raped by my brother-in-law. Out of compassion, Mr.
Busuego allowed her to stay in our house and provided her accommodation
in the maids’ quarters.
PROSECUTOR 1(CRUZ): Did you find Mr. Busuego's explanation satisfactory
at the time?
COMPLAINANT(ABIL): Initially, yes. I gave him the benefit of the doubt and
trusted his judgment.
PROSECUTOR 2(CRUZ): Mrs. Busuego, did you take any further action
regarding Emy Sia's presence in your home?
COMPLAINANT(ABIL): No, I did not. At the time, I believed Mr. Busuego's
explanation and chose to trust him.
PROSECUTOR 2(CRUZ): Thank you, Mrs. Busuego. Your Honor, the
prosecution rests its case.
JUDGE: Thank you, Counsel. The defense may now cross-examine the
witness.
[The defense attorney rises once again, ready to question Mrs. Busuego.]
DEFENSE PROSECUTOR 2(JADEL): Mrs. Busuego, you mentioned that you
found out about Emy Sia's presence in your home in 1997. Can you recall the
specific circumstances surrounding this discovery?
COMPLAINANT(ABIL): Yes, it was upon my return from a trip that I noticed
Emy Sia living in our house.
DEFENSE PROSECUTOR 2(JADEL): Did you have any prior knowledge of Emy
Sia or her relationship with Mr. Busuego before this incident?
COMPLAINANT (ABIL): No, I did not.
DEFENSE PROSECUTOR 2(JADEL): Mrs. Busuego, could it be possible that
Mr. Busuego's decision to allow Emy Sia to stay in your home was purely out
of compassion and a desire to help someone in need?
COMPLAINANT(ABIL): It's possible, but I found it unusual given the
circumstances.
DEFENSE PROSECUTOR 2(JADEL): Did you ever confront Emy Sia directly
about her presence in your home?
COMPLAINANT(ABIL): No, I did not.
DEFENSE PROSECUTOR 2(JADEL): Thank you, Mrs. Busuego. No further
questions, Your Honor.
[The defense attorney returns to his seat, concluding the cross-
examination.]

JUDGE: For the prosecutor, you may call your 1 st witness.

PROSECUTOR 2(CRUZ): Your Honor, I would like to call Robert to the stand.
JUDGE: Please proceed.
CLERK: Please Raise your right hand. Do you swear to tell the truth, the
whole truth and nothing but the truth in this honorable court?
ROBERT(CUARES): Yes, I do.
PROSECUTOR 2(CRUZ): May I proceed your honor?
JUDGE: Yes, you may proceed
PROSECUTOR 2(CRUZ): Robert, you stated in your testimony that you were
aware of your father's illicit affairs with both Sia and Julie de Leon. Is that
correct?
ROBERT(CUARES): Yes, that is correct.
PROSECUTOR 2(CRUZ): Can you elaborate on how you became aware of
these affairs?
ROBERT (CUARES):Certainly. I first became suspicious when I noticed
unusual behavior between Sia and my father. It was from July 1997 to
January 1998. They shared the conjugal bedroom, which struck me as odd.
Eventually, Sia herself confirmed to me that she was involved with my father.
PROSECUTOR 2(CRUZ): Did you confront your father or inform your mother
about this?
ROBERT(CUARES): No, I didn't. I didn't want to bring trouble to our family.
PROSECUTOR 2(CRUZ): So, despite knowing that your father was engaged in
infidelity, you chose to remain silent?
ROBERT(CUARES): Yes, I did.
PROSECUTOR 2(CRUZ): Moving on to Julie de Leon, how did you come to
know about her affair with your father?
ROBERT (CUARES):I first met Julie when she fetched my father after their
vehicle broke down. Later on, I discovered SMS exchanges between Julie and
my father on his mobile phone.
PROSECUTOR 2(CRUZ): Can you recall any specific instances when Julie
stayed in your family's conjugal dwelling?
ROBERT(CUARES):Yes, she stayed over on the 23rd, 24th, 30th, and 31st of
December 2004. She occupied the conjugal room during those nights.
PROSECUTOR 2(CRUZ): And did your father make any attempts to conceal
these affairs from your mother?
ROBERT(CUARES): Not to my knowledge. He seemed quite comfortable with
his relationships.
PROSECUTOR 2(CRUZ): Thank you, Robert. No further questions, Your
Honor.

DEFENSE PROSECUTOR 2(JADEL: Your Honor, may I proceed with cross-

examination?
JUDGE: You may.
DEFENSE PROSECUTOR 2(JADEL):Robert, you mentioned that you
discovered your father's affairs with Sia and Julie. How did you come to
possess such information?
ROBERT(CUARES):I witnessed their interactions firsthand and found
evidence such as SMS exchanges.
DEFENSE PROSECUTOR 2(JADEL):So, you actively sought out evidence to
prove your father's infidelity?
ROBERT(CUARES): No, I stumbled upon it accidentally.
DEFENSE PROSECUTOR 2(JADEL):Isn't it true that your relationship with
your father was strained during that period?
ROBERT(CUARES): Yes, it was strained due to his behavior.
DEFENSE PROSECUTOR 2(JADEL): Could it be possible that your testimony is
influenced by this strained relationship and not entirely objective?
ROBERT(CUARES):I believe my testimony is based on factual occurrences.
DEFENSE PROSECUTOR 2(JADEL):: Let's talk about the SMS exchanges you
mentioned. How do you know that those messages were of a romantic
nature?
ROBERT(CUARES):The context and tone of the messages indicated a
romantic relationship.
DEFENSE PROSECUTOR 2(JADEL):But isn't it possible that you
misinterpreted those messages?
ROBERT(CUARES):I don't believe so. The content was quite clear.
DEFENSE PROSECUTOR 2(JADEL):And regarding Julie de Leon's stays in your
family's home, did you witness any inappropriate behavior between her and
your father?
ROBERT(CUARES):No, I did not witness anything inappropriate.
DEFENSE PROSECUTOR 2(JADEL):So, you cannot definitively say that their
relationship was romantic based solely on her staying in the conjugal room?
ROBERT(CUARES): I suppose not.
DEFENSE PROSECUTOR 2(JADEL):Thank you, Robert. No further questions,
Your Honor.
JUDGE: The witness may step down.
RE-DIRECT AND RE-CROSS EXAMINATION OF THE 1st WITNESS
DEFENSE PROSECUTOR 3(RAMOGA): Your Honor, may I proceed with cross-
examination of the witness?
JUDGE: You may proceed.
DEFENSE PROSECUTOR 3(RAMOGA): Robert, you testified earlier that you
stumbled upon evidence of your father's affairs accidentally. Is it not true
that you had a strained relationship with your father during that time?
ROBERT(CUARES): Yes, our relationship was strained.
DEFENSE PROSECUTOR 3(RAMOGA): Could it be possible that your strained
relationship influenced your perception of your father's actions?
ROBERT(CUARES):I don't believe so. The evidence spoke for itself.
DEFENSE PROSECUTOR 3(RAMOGA): But isn't it true that your perception
of events can be colored by your emotions and personal experiences?
ROBERT(CUARES): I suppose it's possible, but I believe what I witnessed was
real.
DEFENSE PROSECUTOR 3(RAMOGA): Let's talk about Julie de Leon's stays in
your family's home. Did you ever ask your father about the nature of his
relationship with her?
ROBERT(CUARES): No, I didn't feel it was my place to ask.
DEFENSE PROSECUTOR 3(RAMOGA): So, you never sought clarification on
why she was staying in your home?
ROBERT(CUARES): No, I didn't.
DEFENSE PROSECUTOR 3(RAMOGA: And regarding the SMS exchanges you
mentioned, did you consider the possibility that they were taken out of
context?
ROBERT (CUARES):I suppose it's possible, but the content seemed pretty
clear to me.
DEFENSE PROSECUTOR 3(RAMOGA): Thank you, Robert. Now, I'd like to
proceed with re-direct examination, Your Honor.
JUDGE: You may proceed.
DEFENSE PROSECUTOR 3(RAMOGA): Robert, during cross-examination, you
were asked about the strained relationship between you and your father.
Can you clarify whether this strained relationship affected your ability to
accurately recall events?
ROBERT(CUARES): No, I don't believe it did. I tried to be as objective as
possible.
DEFENSE PROSECUTOR 3(RAMOGA): And regarding Julie de Leon's stays in
your family's home, did you ever witness any inappropriate behavior
between her and your father?
ROBERT(CUARES):No, I did not.
DEFENSE PROSECUTOR 3(RAMOGA): Thank you, Robert. No further
questions.
 DIRECT EXAMINATION OF THE 2nd WITNESS

JUDGE: Prosecution, do you have any witness to present?

PROSECUTOR 3(BUZON): Your Honor, I would like to call Melissa S.

Diambanga to the stand.
JUDGE: Please proceed.
CLERK: Please Raise your right hand. Do you swear to tell the truth, the
whole truth and nothing but the truth in this honorable court?
MELISSA(ANCIBAY): Yes, I do.
PROSECUTOR 3(BUZON): May I proceed your honor?
JUDGE: Yes, you may proceed.
PROSECUTOR 3(BUZON): Melissa, you mentioned in your statement that
you had seen Sia sleep and stay overnight with Alfredo in the conjugal
bedroom. Is that correct?
MELISS(ANCIBAY): Yes, that's correct.
PROSECUTOR 3(BUZON): Can you describe the circumstances under which
you witnessed this?
MELISSA(ANCIBAY): Well, it was late at night, and I was passing by the
conjugal bedroom when I saw Sia and Alfredo inside, sleeping together.
PROSECUTOR 3(BUZON): Did you inform anyone about what you saw?
MELISSA(ANCIBAY): No, I didn't. I didn't want to get involved in their
personal affairs.
PROSECUTOR 3(BUZON): Moving on to Julie de Leon, you stated that she
stayed in the conjugal dwelling and slept overnight with Alfredo in the
conjugal room on specific dates. How do you know this?
MELISSA(ANCIBAY): I saw Julie entering the conjugal room late at night on
those dates, and I heard them talking inside.
PROSECUTOR 3(BUZON):Did you ever witness any intimate behavior
between Julie and Alfredo during these times?
MELISSA(ANCIBAY): No, I didn't witness anything like that.
PROSECUTOR 3(BUZON):Thank you, Melissa. No further questions, Your
Honor.
DEFENSE PROSECUTOR 3(RAMOGA: Your Honor, may I proceed with cross-
examination of the witness?
Judge: You may proceed.
DEFENSE PROSECUTOR 3(RAMOGA): Melissa, you mentioned that you
witnessed Sia and Alfredo sleeping together in the conjugal bedroom. Did
you witness any other instances of physical intimacy between them?
Melissa(ANCIBAY): No, I only saw them sleeping together.
DEFENSE PROSECUTOR 3(RAMOGA): So, it's possible that they were simply
sleeping in the same bed without any romantic involvement?
Melissa(ANCIBAY): I suppose it's possible, but it seemed unusual to me.
DEFENSE PROSECUTOR 3(RAMOGA): Regarding Julie de Leon's stays in the
conjugal dwelling, did you ever see her enter the conjugal room during the
day?
Melissa(ANCIBAY): No, I only saw her entering late at night.
DEFENSE PROSECUTOR 3(RAMOGA): And during these times, did you
observe any other visitors to the conjugal room?
Melissa(ANCIBAY): No, Julie was the only one I saw entering.
DEFENSE PROSECUTOR 3(RAMOGA): Thank you, Melissa. No further
questions.
JUDGE: Prosecution, do you have any further questions for the witness?
PROSECUTOR 3(BUZON):Yes, Your Honor. I'd like to proceed with re-direct
examination.
JUDGE: You may proceed.
PROSECUTOR 3(BUZON):Melissa, during cross-examination, you were asked
about the possibility of Sia and Alfredo simply sleeping in the same bed
without any romantic involvement. Can you clarify once again why you
found their behavior unusual?
MELISSA(ANCIBAY): Well, they seemed very close, and Sia called Alfredo
"Papa," which suggested a familial relationship.
PROSECUTOR 3(BUZON):Thank you, Melissa. No further questions.
JUDGE: The witness may step down.

JUDGE: The charge brought against Alfredo Romulo A. Busuego is that of

concubinage, a serious offense under Philippine law. The prosecution has
asserted that Alfredo Romulo A. Busuego engaged in extramarital relations,
which constitutes a violation of the sanctity of marriage.

[The judge looks around the courtroom, meeting the eyes of those present.]

JUDGE: However, the burden of proof lies with the prosecution, and it is
their responsibility to establish guilt beyond a reasonable doubt. In this
case, the evidence presented by the prosecution, while compelling, falls
short of meeting this standard.

[The judge adjusts their glasses, signaling a shift in focus.]

JUDGE: The defense has effectively raised doubts regarding the timeline
and circumstances surrounding the alleged extramarital affairs. Moreover,
the prosecution's failure to provide corroborating evidence has weakened
their case.

[Pausing briefly, the judge gathers their thoughts before continuing.]

JUDGE: Therefore, after thorough review and consideration of all the facts
presented, this court finds that the prosecution has failed to prove the guilt
of the accused,Alfredo Romulo A. Busuego, beyond a reasonable doubt.

[Some in the courtroom react with murmurs of surprise, while others nod in
understanding.]

JUDGE: As such, it is the decision of this court to acquit Alfredo Romulo

A. Busuego of the charge of concubinage.
[The judge looks towards the accused, who shows a mixture of relief and
gratitude.]

JUDGE: I must emphasize that this decision is not a statement on the

morality of the actions alleged but rather a determination based solely on
the evidence presented in this courtroom.

[The judge takes a moment to address both parties.]

JUDGE: I urge both the prosecution and the defense to respect the decision
of this court and to uphold the principles of justice and fairness in all their
future endeavors.

Thank you everyone for your participation in this mock trial .This court
session is adjourned."

(GREAT BANG!!!!!)