SCRIPT Frustrated Murder People vs. Benedito CHARACTERS: Hyacinth Santilices — Prosecution Counse! Efren Fagtanac ~ Prosecution Counsel Jedamica Mae Delos Santos — Complainant ‘Jim Dorozan - Boyfriend of the Complainant (Prosecution Witness) Dr. Dingle ~ Expert witness Ronilo Subaan — Defence Counsel Rabino ~ Defense Counsel Marielle Benedito - Accused Dr. Cherie Naomi Garcia ~ Expert Witness Phoelvie Tulio ~ Officemate of Complainant (Defense Witness) Gillian Torlao ~ Judge Ma. Fatima Lim ~ Court Clerk Jayrr Berida ~ Court Stenographer ‘Aquino, Mark - Narrator ‘Narrator: Greetings Everyone! My name Is Mark Aquino, the narrator of this group. We are happy that all of us gathered here. We would lke to take this opportunity to thank everyone who take part of our Mock tial especialy to our Professor, Mr. Antonio Torres who taught us what we need to learn in case we testify in the near future, to other professors who are present today, for giving us additional knowledge on the related subjects and for supporting us. Lastly to our dassmates and casts who made this Mock tral possible. Before we start I would lke to introduce our casts. Narrator: Today, we are presenting our case: CRIMINAL CASE NO. 24689 PEOPLE OF THE PHILIPPINES V. MARIELLE BENEDITO. This isthe short storyline, Ms. Marielle and Ms. Jedamica are bestfriends and they were living ina same apartment. Ms. Benedito (the accused) is madly inlove with Jim Dorazan which is Ms. Delos Santos’ fancée. Because of that Ms. Marielle developed extreme jealousy towards Ms, Jedamica which mace her wanting to kil her by poisoning. You wil winess how both parties defend thelr stand and see what will be the verdict. Is it conviction or acquittal? On the frst part, of our mack tral shows the Arraignment and Plea of the accused. MOCK TRIAL SCRIPT ‘Arraignment CRIMINAL CASE NO. 24689 PEOPLE OF THE PHILIPPINES V. MARIELLE BENEDITO Clerk of Court: This honorable court of the Regional Trial Court Branch 130 with the Honorable Judge Gillan Torlao is now in session. All rise. Lets pray. Almighty God, we stand in Your Holy Presence as cur Supreme Judge. We humbly beseech You to bless and inspire us 0 that what we think, say and do will bein accordance with Your wil. Enlighten our minds, strengthen our sprit and fil our hearts with frateral 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 fulfilment of Your greater glory. Amen. Judge: Court is now in session. Call the cases, Clerk of Court: For arraignment, Criminal Case No. 24689 People of the Philippines v. Benedito for the crime of Frustrated Murder, ‘Appearance for prosecution and the defense counsel Prosecution Attorney: Your honor, I am Atty. Hyacinth Santiices (and atty. Efren Fagtanac) appearing as a prosecutor under the direct Control and supervision ofthe public prosecutor. Judge: Is the accused around? Clerk of Court: Yes your honor, Please approach the bench, Judge: Do you have a lawyer or do you want the court to appoint a lawyer? Defendant: I do not have a lawyer. Judge: Atty. Ronilo Subaan and Atty. Rabino will be appointed as the lawyer forthe accused. Aty. Ronilo Subaan and Atty. Rabino: Yes your honor. Judge: Arraign the accused. Clerk of court: Criminal case No. 24689, People ofthe Philipines vs. Benedito. (On September 17, 2017, at about 6 PM, Ms. Delos Santos (the victim) with her fiancée Jim Dorozan was conducting a party as celebration fr their engagement in the apartment. On the sai party, Ms. Delos Santos lost consciousness and taken to the hospital. Thefindings of the doctor said Ms. Delos Santos ingested a cyanide-contained-substance a kind poison. According to Ms. Delos Santos she ingested the grape juice and coffee given by Ms, Benedito during the day which was said that contained the poison, Judge: Do you understand the crime charged against you? ‘Accused: Yes, your honor. Clerk of Court: What is your plea? ‘Accused: Not gulty, your honor. Clerk of Court: The accused pleaded not guilty your honor. Judge: Let it be on the record that the accused pleaded not guilty forthe crime of frustrated murder. The information was read to him inna elonage own anc uncertoodby he cies. Al, Ay. Susan he defers ons fhe ce este min ths [Aty, Santlces: Your honor, we would lke to set the case for trial on October 19, 2017. Judge: Are you amenable with the schedule defense counsel? Defence Counsel: Yes your honor. Judge: Ok set the tral ofthe case on October 19, 2017. We only have one case for today? Court Stenographer: Yes, your honor. Judge: In today’s trial, the arraignment of Benedito in Criminal Case No. 24689 is conducted. The information is read to him in English a language known and understood by him. Defense counsel Atty. Ronilo Subaan and Atty. Rabino assisted the accused. The accused pleaded not guilty forthe crime charged against her. No objections both for prosecution and defense, the case is set for trial on October 19, 2017. Notify the parties thereto, So ordered. PROSECUTION TRIAL Clerk of Court: Pease rise. The Regional Trial Court, Branch 130, Is now in session, the Honorable Judge Gillan Torlao presiding Judge: Members of the prosecution, your duty today will be to determine whether the defendant is qui or not guilty based only on facts and evidence provided in this case. The prosecution must prove that a crime was committed and that the defendant is the person ‘who committed the crime. However, if you are not satisfied of the defendant's quit to that extent, then reasonable doubt exists and the defendant must be found not gully. Ms. Ma, Fatima Lim, what Is today's case? ‘Clerk of Court: Your Honor, today’s case isthe Criminal Case No. 24689 People of the Philippines versus Benedit. Judge: Is the prosecution ready? Prosecuting Attorneys: (stand up) Yes, Your Honor. (Be seated) Judge: Is the defense ready? Defense Attorneys: (stand up) Yes, Your Honor. (Be seated). 3udge: We will now hear the opening statements from the prosecution. Prosecutor Hyacinth Santlices please state your case, Prosecutor: Thank you, your honor. Ladies and gentlemen, My name is Atty. Hyacinth P. Santlices and my assistant Atty. Efren Fagtanac On behalf of our State, We vant to thank you for being here today. Under our criminal justice system, citizens charged with certain cimes are entitled to have their case heard by a jury of their peers ~ people just lke you. We are all grateful that you recognize your Civic duty and are wiling to set aside you personal priorities to be here. ‘As you have heard, the defendant has been charged with the crime of frustrated murder. On September 17, 2017, at about 6 PM, Ms. Delos Santos (the victim) with her fanede Jim Dorozan was conducting a party as celebration for their engagement inthe apartment. On the said party, Ms. Delos Santos lost consciousness and taken to the hospital. The findings of the doctor said Ms. Delos Santos ingested 2 cyanide-contained-substance a kind polson. According to Ms. Delos Santos she ingested the grape juice and coffee given by Ms.Benedito during the day which was said that contained the poison. And wile the defense will ry to convince you that the defendant did not know the poison contained in the beverage, the State will provide convincing arguments that he/she not only knew the poison but ‘also it was also given to Ms. Delos Santos and intentionally and with strong motive to kil her. Thank you. Judge: Defense attorney, would you wish to state your case. Defense Lawyer: Your Honor, Tam Atty. Ronilo Subaan and my assistant Atty. Rabino, We too would like to thank you for being here today. Let me start with a very simple statement; under the lav my client fs presumed innocent until proven guity. My clients have no knowledge regarding the beverage that contained the poson. We will show later on our evidence that Ms. Delos Santos was attempting to commit suicide since she has depression from the tragic she had in the past and having the hard time to get over with t. With this, my client is innocent. As the State's Attomiey mentioned, please Keep in mind that the burden of proof falls on the State. If atthe end of the trial you have any reasonable doubt in the State's case, then you should find my cent is not guilty. Thank you. Direct Examination of Jedamica Mae Delos Santos by Prosecutor Efren Fagtanac IUDGE: Call your witness to the witness stand, PROSECUTOR FAGTANAC: May I call on Jedamica Mae Delos Santos. BUDGE: Swear in the witness, (COURT CLERK: Do you swear to tell the truth, all the truth and nothing but the truth inthis case? WITNESS: Yes, sir BUDGE: Please state your name and other personal circumstances. WITNESS: Jedamica Mae Delos Santos, 28 years of age, single, a Certiied Public Accountant of the Accounting Division of Nestle Phlippines and a resident of Unit 143 Astral Apartment Padre Faura St. Ermita, Manila BUDGE: Your witness. PROSECUTOR FAGTANAC: The witness is being presented to testify on the fact that the accused bought the rat ker and that the substance that poisoned her was from the grapefruit juice which the accused prepared. May we proceed Your Honcr? JUDGE: Proceed. @ Jedamica Mae Delos Santos, will ou please tell on this Honorable court where you were on September 17, 2017 at around 8 o'lock in the morning? ‘A: Twas in our apartment at Unit 143 Astral Apartment Padre Faure St. Ermita, Manila, Q: Who lives in that apartment? ‘A: Tand my bestfriend, Marielle Benedit. Q: Who was with you at that particular time of the day? 'R: Twas alone because I didnot report for work to prepare for my engagement party. Q: How did you prepare for the party? {RI decided to clean the house. And what particular areas of the house did you clean? ‘A: T cleaned the living room and the CR fist. Then I cleaned the dity kitchen. Because I remembered Marille said something like “Dumadami na yung mga rodents sa dity kitchen.” Q: The last place you cleaned was the dirty kitchen? ‘A: Yes, Your Honor Q: What did you do in order to solve the problem on the rats? A: Tused 2 rat killer, Your Honor. Q: Who bought the rat killer? A: Marielle bought it because she told me that she noticed that there were rats in the place. Q: Have you actually seen any rats in your place?'A: No, Actually, it made me wonder... just relied on the word of Marielle. Besides, in our lease agreement, there was a stipulation that it shall be the owner's responsibilty to conduct quarterly pest control measures. @ 11am showing to you this document previously marked as Exhibit A. Please go over this document and tell this Honorable Court i this is the lease agreament you are referring to. ‘A: Yes, this document isthe lease agreement. Whose signature is this above the printed name Jedamica Mae Delos Santos which is appearing on page 2 ofthis contract of lease? A: My signature, sit. Q: And this signature belongs to whom? (PROSECUTOR FAGTANAC pointing at the right portion of the document) 'K: Our lessor, Mr. Bembo Bonapos. PROSECUTOR FAGTANAC: Which for purposes of identification, Your Honor, I would like to request the marking ofthe signature appearing above the printed name of Jedamica Mae Delos Santos as Exhibit A BUDGE: Mark it. PROSECUTOR FAGTANAC: And the signature appearing above the printed name of Bembo Bonapos as the lessor be marked as Exhibit AD, BUDGE: Mark it. PROSECUTOR FAGTANAC: We would also ike to request for the marking of stipulation no.8 in this lease agreement as Exhibit A-3 2UDGE: Mark it @ Was there consistent compliance by the owner? A Yes. Q Whet happened next? ‘A: After cleaning, I rested because 1 got tired. 1 remembered that before Marielle left that morning for work, she told me not to forget to drink the grapefruit juice she prepared for me. @ Where did you find the grapefruit juice? A Inside the ref IF that pitcher containing the grapeftul juice wll be shown to you, will you be able to recognize i? (lawyer takes the pitcher showing itto the victim) ‘A: Yes, that’s the one, PROSECUTOR FAGTANAC: For the record, the pitcher, previously marked as Exhibit B was recognized by the victim as the pitcher Containing the grapefruit juice prepared by the accused for the complainant. (@ When did you drink the said beverage? A: Before I went to Starbucks. @ How many glasses were you able to drink? A:T drank about 2 glasses. Can you estimate the amount of juice you drank? ‘A: A glass would contain about 300-350 mL of liquid. So, that would make about 600-700 ml. Q: What else did you do on that day? A: [went out to meet Marille for our usual coffee break in Starbucks at 3 o'clock in the afternoon. We spent the whole afternoon together until we decided to go home forthe party. @ Did you feel anything at that time? ATTY. SUBAAN: Objection, Your Honor! Question is leading, BUDGE: Sustained, : What happened at Starbucks? A: While we're eating, T complained to Marille that my head was aching.Dia your fiend say anything? A: She told me that I was just tire, Q: What time did you leave Starbucks? A:S o'dock. Q: What time did you arrive in your apartment? ‘A: We arrived at about 5:30 o'dlock in the late aftemoon. The dinner party was set at 6 o'dlock that evening (Q: What happened later? A: The guests arrived. We entertained them Q: Was your fiancée with them? A Yes. (Q: What happened next? A: approached Marielle and chatted with her. Q; What did you feel at that time? ‘A: My headache worsened. I began to feel nauseous and I vomited. I felt so weak that I lost my balance. @ Did anyone come to help? A: Yes, Marielle caught me before I hit the floor. @ Did you notice anything else? [A: Before I totally lot consciousness, I saw that Marielle was smiling while she held on to me. @ So, if the accused is inside this courtroom, would you be able to identify and point to her? A: Yes, Sir. (Victim pointed to the accused.) There. PROSECUTOR FAGTANAC: That is al, Your Honor. BUDGE: Cross? ATTY. SUBAAN: Yes, Your Honor. Cross Examination of Jedamica Mae Delos Santos by Atty. Ronilo Subaan Q Miss Witness, you testified that inthe lease contract, the lessor had the responsibilty to conduct pest control measures. How often is this pest control conducted? ‘A: Quarterly, Your Honor. @ And during what months did the lessor conduct these pest control measures? |A: February, May, August, and November of every year, Your Honor. Q Miss Witness, you testified that in deaning the ditty kitchen, you used a rat poison to kill the rats there. Is that right? wes, @ How did you use the rat olson? ‘KL took the pack out of the box. Then I put some into my hand. I put the rat poison in some rice and then I put the rice on the floor 0 thatthe rats could eat them. You did not use any gloves to protect your hands or your skin? A:No, Your Honor. @ Miss Witness, did you know that a rat poison could also poison humans if accidentally swallowed? Yes, Your Honor. @ So, even if you knew that, you stil did not use any protection for your hands? [A: Yes, because I planned to wash my hands after I cleaned the dirt kitchen After cleaning the city kitchen? 1: Yes, Your Honor. Q: Not right after you put the poison into the rice, as you have sald earlier? 1: Yes, Your Honor.You testified that you drank the grapefruit juice. What was the color of the juice? & Yellow. Q: When you drank the juice, what was its taste? A Te was sour, a bit bitter, Your Honor. Bitter? 1%: Yes, Your Honor Q Hindi ka ba nagtaka at mapait yung juice na ininom mo? PROSECUTOR FAGTANAC: Objection: Your Honor! My witness cannot understand Filipino. JUDGE: Let the question be translated forthe witness. [ATTY. SUBAAN: Did you not wonder why the juice was bitter? 'A: No, Your Honor. The grapefrutt juice really has a sight biter taste, perhaps because it was so sour, @ You testified that before the accused let the house, she told you not to forget to drink the juice. Has she done this even before the incident happened? ‘A: Yes, Your Honor. Both of us used to do that. We often leave food and drinks for each other. So, when she told you not to forget to drink the juice, it was nothing new to you, because both of you had that habit A: Yes, Your Honor. You testified that at 3 pm on September 17, 2017 you met with the accused at a coffee shop. When you were with the accused, dd You notice anything different about her? Yes, Your Honor, Q; What was that? ‘A: When T complained about my headache, she Just told me that I was just tired @ Were you not reall tired after cleaning the entire house? A Yes, Iwas quite tired, Your Honor. You also said that et the party you felt nauseous, and then you vomited and fel to the floor. Is that right? 1: Yes, Your Honor, @ When you were already at the floor, were you still conscious? Yes, Your Honor. @ Was your sight stil dear? '®: A bit blurry, Your Honor. @ So you cannot see clearly atthe time you fel to the ground? AA: Yes, because I was 50 dizzy. So you cannot possibly say that Marielle was really smiling when she held you? {Tim not sure Your Honor Q Miss Witness, have you ever visited a psychiatrist? A Yes, Your Honor. Q: When was this? ‘A: Around August 2016, Your Honor, Q: Why did you go to such psychiatrist? A [needed treatment for my depression, Your Honor. (What was the cause of your depression? A: My parents died ofa terrible accident, and I blarted myself for their death. @ Who was the doctor who treated you? Dr. Cherie Naomi Garcia.Q: Where is his clinic located? A: At the Medical Center Mania ; What did this Dr. Cherie Naomi Garcia do to treat you? ‘A: Lwant through psychological counseling sessions, Your Honor. ; Were this counseling sessions reduced into writing? ‘Yes, Your Honor. Is this document the record of the treatment you went through under Or. Cherie Naomi Garcia? (Atty. Subaan showing the summary discharge report to the complainant) 1A: Yes, Your Honor ATTY. SUBAAN: For the record, the complainant has identified Exhibit 1 which was previously marked as Summary Discharge Report at the Medical Center Maria Q: Who prepared this medical report? 1: It was Dr. Cherie Naomi Garcia who prepared the report, Your Honor. @ Miss Witness, did anything happen before you visited your psychiatrist? A: Lcommitted Suicide. Did your psychiatrist prescribe any medication? A: Yes, she gave me anti-depressant pls. @ Are you stil taking these medications? A: Not anymore, Your Honor. ATTY. SUBAAN: No further questions. JUDGE: Re-direct? PROSECUTOR FAGTANAC: No, Your Honor. We wil call on our next witness JUDGE: Miss Witness, You may step down, Call your next witness. Direct Examination of 3im Dorozan by Prosecutor Hyacinth Santlices PROSECUTOR SANTILICES: I'm calling on Mr. Jk Dorozan. ‘COURT CLERK: Do you snear to tel the truth, all the truth and noting but the truth in this case? WITNESS: Yes Maam, JUDGE: Please state your name and other personal drcumstances WITNESS: Jim Dorozan, 30 years of age, single, head security office ofthe Security Services Division of Nestle Philippines and a resident (of 299 Aguado St. San'Miguel Quiapo, Manila. JUDGE: Your witness. PROSECUTOR SANTILICES: This witness, Your Honor, Jim Dorozan is presented to testify on the fact that the accused secretly fell in love and could possibly be obsessed with him and may ikewise began to hate the complainant secretly. May we proceed, Your Honor? JUDGE: Proceed, Do you know the complainant? A Yes. Q; How are you related to her? [A: She is my fiancée. ; Do you know the accused? A Yes.