MOCK TRIAL SCRIPT

CRIMINAL CASE: VIOLATION OF SECTION 5 of RA 9165

CAST:
Judge: Lian Paul Villanos
Accused: Leandro Parayno
Public Prosecutor: Mark Kevin Pastrana
PAO Lawyer: Keizelene Rosario
Clerk of Court: Wincy Pulgar
Witnesses: Charlemagne Papio
Erickson Romero

INTRODUCTION

Clerk of Court: ALL RISE. Court is now in session. silence is hereby enjoined. Honorable
Judge Lian Paul Villanos, presiding. Let us pray.
*prayer*
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: the court is now is session. CALL THE CASE

COC/Interpreter: Criminal Case No. 69420 People of the Philippines v. Jose

Leandro Parayno for violation of Section 11, Article II of Republic Act 9165,
Possession of Dangerous Drugs.

ARRAIGNMENT
Clerk of Court:
  (READ THE INFORMATION IN FRONT OF ACCUSED)

“That on or about the 12th day of April, 2022, in the City of Dagupan, Philippines, and
within the jurisdiction of this Honorable Court, the above-named accused, did, then and
there, willfully, unlawfully and feloniously sell and/or deliver to a poseur buyer six (2)
two see-through medium size plastic with a crystalline-like substance weighing
possession, custody and control Methamphetamine Hydrochloride (Shabu) weighing 3.0
grams which is a dangerous drug, without authority whatsoever.”

 CONTRARY TO LAW

Clerk of Court: “what language do you understand?”

Accused: I understand English
Clerk of Court: What do you plead accused?
Accused: I plead NOT GUILTY your honor
Judge: The accused plead not guilty.
Pre-trial is set on June 5, 2022. Prosecution and defense, are you amenable on the said date?
Prosecution- Yes your Honor.
Defense: Yes Your Honor.
Judge: Pre-trial is set on the 5th of June 2020.

Judge: In today’s trial, the arraignment of the accused in Criminal Case No. 69420 is conducted.
The information is read to him in English a language known and understood by him. Defense
counsel Atty. Keizelene Rosario assisted the accused. The accused pleaded not guilty for the
crime charged against him.
No objections both for prosecution and defense, the case is set for pre-trial on June 5,
2022. Notify the parties thereto. So ordered.

PRE-TRIAL

Clerk of Court: Criminal Case No. 69420 People of the Philippines v. Jose Leandro Parayno
for violation of Section 11, Article II of Republic Act 9165, Possession of Dangerous Drugs, for
pre-trial conference.
Judge: Appearances?
Prosecutor: For the prosecution, Your Honor, representing the People of the Philippines, I am
Atty. Mark Pastrana, Assistant City Prosecutor.

Defense Counsel: Good afternoon Your Honor, for the defense, representing the accused, I am
Atty. Keizelene Rosario, Your Honor, for the defense and we are ready.
Judge: Are parties willing to agree to enter into a plea-bargaining?
Prosecutor: Your Honor Please, the prosecution does not desire to enter into plea-bargaining
Defense Counsel: Your Honor Please, the defense does not also desire to enter plea bargaining.
Judge: Alright, mark your exhibits
Prosecutor: With the permission of this Honorable Court. Your Honor Please, the prosecution
will present the following documentary evidence and mark as prosecution’s exhibits:

[marking]
Prosecutor: 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
further directions and limitations that this Honorable Court may impose.
Judge: Alright, subject to the 3-day notice rule, otherwise the evidence shall not be considered
by this court. How about the defense? Mark your exhibits.
Defense: 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:

[marking]
Defense: The defense, Your Honor, reserves its right to introduce sub markings to the pre-
marked exhibits and present other documentary evidence during the course of the trial, subject to
further directions and limitations that this Honorable Court may impose

Judge: recognized, subject to the 3-day notice rule, otherwise the evidence shall not be
considered by the Court. Any admission?

Prosecutor: Yes Your Honor, the prosecution requests for the admission by the defense of the
jurisdiction of the Honorable Court and try this case.
Defense: We admit, Your Honor.

Prosecutor: Second, the identity of the one charged in the information and that of the person
arraigned is one and the same.

Defense: We admit, Your Honor.

Prosecutor: Lastly, the date and place of the commission of the crime.

Defense: We admit your Honor.

Prosecutor: No further request for admission, Your Honor. Thank you.

Judge: Alright. Any objection from prosecution counsels?

Defense: No objection for the meantime, Your Honor.

Judge: Okay.

Defense: With the permission of the Honorable Court. Your Honor Please, the defense requests
for the admission by the prosecution of the following exhibits already earlier pre-marked.

FIRST, CHEMISTRY REPORT NO. D-100-1, the genuineness and due execution of the
said PNP Crime Laboratory result issued by the Crime Laboratory, SOCO Urdaneta,
Pangasinan and the truth and findings of facts therein stated to dispense with the
necessity of presenting expert testimony on the matter. The Crime Laboratory result of
the items confiscated from the accused is pre-marked as Exh. A for the defense and we
are showing the prosecution and court a copy of it.

Prosecutor: The prosecutor admits Your Honor.

Defense: SECOND, we would like to request for the admission by the prosecution of the Spot
Report issued by the Police Chief Inspector and the Chain of Custody Form pre-marked as
Exhibits B, to recognize the compliance of the PNP Operatives to the standard protocol.

Prosecutor: We admit, Your Honor.

Defense: No further request for admission, Your Honor. Thank you.

Judge: So, what is the pleasure of the prosecution?

Prosecutor: We submit, Your Honor.

Judge: Okay. So, what are the issues to be resolved?

Prosecutor: Your Honor Please, the prosecution submits issued to be resolved, whether the
accused committed the offense charged in the Information.

Judge: How about the defense?

Defesense: Yes Your Honor, the defense submits the following issues to be resolved:
1. Whether there was a valid arrest
2. Whether the PNP Operatives followed the standard protocol;
3. Whether the custody of alleged evidence allegedly confiscated from the defendant was
not tampered; and
4. Whether the defendant is guilty thereof.

Judge: Okay. How about the witnesses

Prosecutor: The prosecution will present 5 witnesses, Your Honor.

 First, poseur buyer, police corporal Erickson Romero, one of the Arresting
Officers, to prove that a buy bust operation was conducted that led to the arrest of
the accused;
Second, Evidence Custodian Wincy Pulgar, one of the Arresting Officers who
delivered the confiscated items to SOCO Urdaneta, to prove the compliance of the
Chain of Custody;
Third, Charlemagne Papio, a media practitioner to prove that the arresting
team conducted the surveillance operation, arrest and proper processing of the
suspect;
Fourth, barangay representative Wincy Pulgar, to prove that coordination was
made and the confiscated substance came to the possession of the suspect; and
Fifth, forensic chemist Dr. Charlemagne Papio, to testify that he conducted the
laboratory examination of the confiscated substance and the final result thereof
after undergoing laboratory chemistry.

The prosecution reserves its right to present other witnesses in the course of the
trial, Your Honor.

Judge: Alright, how about the Defense, how many witnesses?

Defense: Your Honor Please, the defense will also present 2 witnesses.

First, the accused himself, to prove that he was illegally arrested and after
through search of the PNP Operatives on his person and found nothing illegal,
they planted evidence to him;
Second, Deputy P/Supt. Wincy Pulgar (Gerard Jose), PNP-DEA, to prove that
the chain of custody of the said alleged drugs taken in the defendant possession
did not follow the standard protocol.

The accused, Your Honor reserves his right to present other witnesses in the
course of the trial.

Judge: Any other matters?

Defense: Your Honor, as for now, we have no more things to discuss.

Judge: Alright, are the parties willing to consider the pre-trial terminated?

Both: Yes, Your Honor.

Judge: Order. In today’s Pre-Trial Conference, Atty. Mark Pastrana appeared for the
prosecution, and Atty. Keizelene Rosario appeared for the accused.

Judge: During the pre-trial, there was no agreement between the parties as to the possibility of
plea-bargaining of the case.

STIPULATION OF FACTS BETWEEN THE PARTIES

The complainant, through Public Prosecutors and the accused, through his counsels
stipulated on the following that:
1.
2.
3.
ISSUES TO BE TRIED OR RESOLVED

The prosecution would like the following issues to be resolved:

1. Whether or not the accused committed the offense charged in the Information

On the other hand, the defense would like the following issues to be resolved:

1. Whether there was a valid arrest

2. Whether the PNP Operatives follow the standard protocol;
3. Whether the custody of alleged evidence allegedly confiscated from the defendant was not
tampered; and
4. Whether the defendant is guilty thereof.
EXHIBITS MARKED AS DOCUMENTS

The prosecution marked the following exhibits:

1. Exhibit A –
2. Exhibit B -
3.

And the prosecutions reserve their right to mark other documentary exhibits which are
not yet available if the need arises.

The defense marked the following exhibits:

1. Exhibit 1
2. Exhibit 2

WITNESSES TO BE PRESENTED

The prosecution will present the following witnesses:

1)
2)
3)

The defense will present the following witnesses:

1) The defendant himself,

2) The defendant’s neighbor;

The defense counsels reserve the right to present other witnesses not herein enumerated
as deemed necessary.

The pre-trial of this case is hereby terminated. No objections both for prosecution and defense,
the case is set for trial on October 2, 2022. Notify the parties thereto. So ordered.
 TRIAL
*assist the accused in the court room by the jail guard*

Clerk of Court: The accused is present your Honor.

Clerk of Court: Read the information in the presence of the accused.

“That on or about the 12th day of April, 2022, in the City of Dagupan, Philippines, and
within the jurisdiction of this Honorable Court, the above-named accused, did, then and
there, willfully, unlawfully and feloniously sell and/or deliver to a poseur buyer six (2)
two see-through medium size plastic with a crystalline-like substance weighing
possession, custody and control Methamphetamine Hydrochloride (Shabu) weighing 3.0
grams which is a dangerous drug, without authority whatsoever.”

CONTRARY TO LAW”

Prosecution1,2, and 3: appear in behalf of the state.

Defense1,2, and 3: appear in behalf of the accused Jose Parayno alias Gwapo

Judge: Prosecution please present your witnesses: MR. ROMERO and MR. PAPIO

PRESENTATION OF WITNESSES.
Clerk of Court: calls prosecutions witness’

Court: Are you ready?

Pros: For the government, ready your honor.
Defense: For the accused, ready your honor.
Court: Call your witness.
Pros: May we call on the stand Police Corporal Erickson Romero, your
honor.
Court: Swear in the witness.
Clerk of Court:
Q Mr. witness, do you swear to tell the truth and nothing but the truth?
A Yes.
Pros:
Q Please state your name, age and other personal cicumstances.
A I am Police corporal Erickson Romero, 30 years old, married, PNP member
of Dagupan City police station and a resident of Calasiao, Pangasinan
Pros: Your honor, the witness testifies in his official capacity as intelligence
officer and acted as poseur buyer in this case, to identify certain documents, to
identify the accused, the drug items subject of these cases, he will identify
pertinent documents, he will further testify to prove the guilt of the accused in this
case and other related matters related thereto.
May I proceed?
Court: Proceed.

PROSECUTION

DIRECT EXAMINATION

DIRECT EXAMINATION BY PROSEC (POSEUR BUYER)

Q Is your name police corporal Erickson Romero?

A Yes, sir.

Q Are you a member of dagupan city police station? Since when?

A yes sir, since 2013.

Q is that continuous up to the present?

A yes, sir.

Q what unit?
A intelligence in the drug enforcement unit, sir.

Q as a member of the intelligence unit at the dagupan city police station drug
enforcement, can you inform the judge of what your functions are?
A I was designated as intel personnel. I monitor illegal activities and arrest
criminals and follow other orders directed by my higher officers, sir.

Q on april 12, 2022 do you recall having reported for duty?

A yes, sir.

Q on that same day, do you recall having attended a briefing for a drug
operation?
A yes, sir.

Q at what time?
A 8 pm, sir.

Q do you know against whom that drug operation is to be conducted?

A yes, sir, against jose leandro parayno.

Q from where is the subject of the drug operation of jose leandro parayno?
A at sitio bliss, bonuan binloc, dagupan city, sir.
Q during the briefing for the drug operation, do you recall the specific task
given to you by your superior?
A yes, sir.

Q and what is that?

A I was tasked to be the poseur buyer, sir.

Q what is encapsulated in your role as poseur buyer?

A that I pose as a buyer of drugs from jose leandro parayno, handing over to
him the buy bust money.

Q how much is that buy bust money worth? In what denomination?

A P2000 pesos, sir. In 2, P1000 peso bills, sir.

Q who provided you with the buy bust money?

A my co-workers at intel, sir.

Q do you know if the drug operation against the suspect jose leandro parayno
was recorded in the blotter?
A yes sir

Q is there any document to show that the drug operation was indeed recorded
in the blotter?
A yes sir

Q do you know if there was any certification about the report made in the
blotter about the drug operation and the use of the drug buy bust money?
A yes sir

Q have you seen a copy of that document before?

A yes sir

Q if a copy of that certification will be shown to you, will you be able to

identify it?
A yes sir

Q (prosec walks over to witness) attached to the record of crim case 69420 is
an original of a certification dated 12 april 2022 in relation to entry #6969 of the
dagupan city police station, will you go over the same and tell us if this is the
certification you are referring to?
A yes it is sir

Pros: Your honor at this juncture may I respectfully request that the police
certification dated 12 april 2022 attached to crim case 69420 be marked as our
exhibit “A”.
Court: mark it

Pros:
Q will you be able to identify the buy bust money if shown to you?
A yes sir

Q how?
A through the serial number of the bills, sir
Q (walks over to witness) okay, I am showing you 2, 1000 peso bills with
serial nos. AB12345 and CD67890. Will you go over them and tell us if those are
the same money which you used for the drug operation?
A yes sir, these are the marked bills

Pros: may I respectfully request your honor that the 2, 1000 peso bills with
serial number AB12345 and CD67890 be marked as our exhibit “T” and “T-1”,
respectively
Court: mark it.
Pros:
Q mr witness, do you recall if there was a specific instruction given to you as
part of your duty in the drug operation?
A yes sir

Q and what is that?

A as poseur buyer sir

Q as a poseur buyer, was there any specific instruction given to you for you to
perform during the operation?
A yes sir

Q what is that?
A to buy illegal drugs sir.

Q and after you were able to buy the illegal drugs, were there any instructions
given to you to mark as a signal?

Defense: that Is already leading you honor

Court: okay, leading.

Q mr witness, you testified that a drug operation was to be undertaken, what

time exactly was that to be made?
A 9 pm sir

Q of what date?
A april 12 2022 sir

Q where was that?

A bliss, bonuan binloc sir

Q were there other pnp personnel involved in the operation?

A yes sir

Q how many were they?

A about 8 pnp personnel sir

Q were you able to reach the place where the drug operation was to be
conducted?
A yes sir

Q at what time?
A around 830 sir

Q when you arrived there what did you do, if any?

A I proceeded to the place of transaction sir.

Q what happened next when you arrived at the place of transaction?

A I waited for the arrival of the subject.

Q did he arrive?
A yes sir. At around 9 pm sir.

Q what did you do when he arrived?

A I asked for the items. He took out one piece of heat sealed transparent plastic
sachet with contents believed to be shabu sir. I gave to him the buy bust money.

Q what happened after you gave the buy bust money?

A he gave me the plastic sachet containing what was believed to be shabu sir

Q what happened next?

A I gave the pre-arranged signal to the members of the team?

Q what is the pre arranged signal?

A I put my right index finger inside my right ear and swabbed it 3 times sir

Q can you please show us the pre arranged signal?

A yes sir. (swab right ear 3 times)

Q after doing the pre arranged signal, what happened next?

A my team members revealed themselves to us. Then I immediately frisked the
person and introduced myself as a pnp personnel of dagupan and I effected his
arrest with the help of my team members.

Q before arresting him, what, if any, did you tell him?

A that he is under arrest for selling of illegal drugs sir

Q aside from that, what else did you tell him?

A I informed him of the nature of his arrest sir

Q aside from the other pnp members, were there anyone else there with you?
A yes sir
Q who?
A the confidential informant sir

Q where was he?

A beside me sir

Q when the other pnp personnel arrived, what happened next?

A I took a picture of the sachet sir.

Q what did you do with the shabu after receiving it?

A the next day, on april 13, I surrendered it to the PDEA Forensic Laboratory

Pros: no more further questions, your honor

Judge: cross-examination atty. Rosario?
Def: yes, you honor
Judge: proceed

CROSS-EXAMINATION BY DEFENSE
Q mr witness, you said that the drug operation was conducted at 9 pm on the
th
12 of april 2022, is it correct?
A yes maam

Q and the location was in bliss bonuan binloc, correct?

A yes maam

Q you said that you conducted the buy bust operation at 9 pm at night, correct?
A yes maam

Q then that would make it difficult for you to identify the accused, since it was
already night time, correct?
A no maam, there are lamp posts

Q but these lamp posts are dimly lit, aren’t they?

A they shine enough light for me to see my surroundings, maam

Q how far were you from the accused when he sold you the shabu?
A we were about 3 feet apart maam
Q how sure were you that the person who you identified as the accused is the
same person you sold the shabu to?
A I saw his face. It is the same face we identified in the office as the subject
maam

Q how did you come to identify the accused in your office?

A we were provided a picture maam from the confidential informant.

Q where did the confidential informant get the picture of the accused?
A from facebook maam
Q given that you saw the accused at night, is it true that you had difficulty in
confirming his identity since it was night time?
A no maam

Q what other information besides the name and picture of the accused were
given to you by the informant?
A nothing else, maam

Q so you were only able to identify the height, build, and other unique features
of the accused during the buy bust operation?
A yes maam

Q you said that you immediately frisked and effected immediately the arrest
after he handed the shabu to you. What happened next?
A We brought him to the police station maam

Q so when you took conducted inventory of the sachet of drugs, it was not in
the presence of the accused?
A no maam, it was in his presence

Def: that will be all your honor

Court: any redirect?
Pros: none, your honor
Pros: may we call on our second witness, your honor?
Court: yes, swear in the witness.
COC: Please raise your right hand. Do you swear to tell the truth and
nothing but the truth in this Court?
Forensic chemist: yes
COC: Please tell your name, age and other personal circumstances.
FC: I am Charlemagne papio, 30 years old, single, resident of Bayambang,
pangasinan, and a forsenic chemist.
Pros: Your honor, the witness testifies in his official capacity as a forensic
chemist to identify the type and quantity of dangerous drugs that was obtained
from the accused and the fact that the chain of custody rule was observed.
May I proceed?
Court: proceed.

DIRECT EXAMINATION BY PROSEC (FORENSIC CHEMIST)

*insert script examination of the chemist

FOR CROSS You said you personally receivesd shabu, is it not that that ericksonm,
there were other giving their specimens
Do you recall who was the first to submit
 DIRECT EXAMINATION BY PROSEC (BARANGAY CAPTAIN)

Judge Villanos: You may now take your seat (previous witness). Prosecution do you have any
other witness?
Prosecutor Pastrana: Yes. Your Honor. Our third witness is Hon. Wincy Pulgar, the Barangay
Captain of Barangay Bliss, Dagupan City Pangasinan
COC/INTERPRETER: May I call on the witness stand, Wincy Pulgar (Swear in the Witness)
Raise your right hand. Do you swear to tell the truth and nothing but the truth?
Hon. Wincy Pulgar: I do
Prosecutor Pastrana: Your Honor We are offering the testimony of this witness to prove that
the witness was indeed able to witness the arrest and the making of the inventory of the seized
illegal drugs and to testify on such other matters as may be relevant, Your Honor. With the
permission of the Honorable Court, may we proceed your Honor?
Judge Villanos: You may Proceed
Pros Pastrana: Honorable Jorolan, where were you on April 12, 2022 at around 6:00 pm?
Hon. Pulgar: I was staying in my house, Ma‘am.
Pros Pastrana: Did you know of any buy-bust operation to be conducted by the police in your
barangay?
Hon. Pulgar: Yes, Ma'am.
Pros Pastrana: How did you know that there will be a buy-bust operation during that day?
Hon. Pulgar: Because I was informed by SPO2 Romero and I even attended the preparation
meeting together with the buy-bust team, the DOJ representatve and a media representative.
Pros Pastrana: Did you personally see how Mr. Lubrido was arrested by the police officers?
Honorable Jorolan: No, Maam.
Pros Pastrana: Why were you not able to see the arrest of Mr. Luorida?
Hon. Pulgar: Because I was late and when I went to the Police Station, SPO2 Romero just
handed over to me the Inventory Report and asked me to sign it.
Pros Pastrana: So, you mean, you signed the Inventory Report without witnessing the whole
operation?
Hon. Pulgar: Yes, Ma’am
Pros Pastrana: For the record, Honorable Wincy Pulgar signed the Inventory Report without
witnessing the whole operation. That would be all for this witness, Your Honor