Practice Court I Group 6

(HEARING FLOW)

Dean will call our group attention.

(Suzeth) – group and task introduction_ Direct Examination in a

Conventional Manner.

PRESENTATION OF THE CASE

Narrator (Suzeth): Today, we are presenting the case, CRIMINAL CASE

NO. 2021-001 PEOPLE OF THE PHILIPPINES v. Discobar, Paulo y El
Capo during the Direct Examination stage ONLY. This mock trial is a
work of fiction. Names, characters, business, events and incidents are
the products of the presenters’ imagination. Any resemblance to actual
persons, living or dead, or actual events is purely coincidental.

(Rusty): The Information charging the accused with the crime of murder
reads:

That on or about December 20, 2020 at around 4:00 o’clock in the

afternoon at Mulberry Subdivision, Talamban, Cebu City, Philippines and
within the jurisdiction of this Honorable Court, the above-named
accused, while armed with a Beretta Caliber .9MM Pistol with scratched
out serial number, a deadly weapon, with intent to kill and with the
qualifying circumstance of treachery, did then and there willfully,
unlawfully and feloniously attack, assault and shoot with said pistol one
Mrs. Marites Sia and one Mr. Bobby “bogoy” Sia, Mother and Son, while
the latter were completely defenseless, thereby hitting the two (2) and
causing gunshot wounds at the head of Mrs. Marites Sia and causing
gunshot wounds at the head and face of Mr. Bobby “bogoy” Sia, which
directly resulted in the death of the (2) victims.

That the special aggravating circumstance of the use of unlicensed

firearm is attendant in the commission of the offense.

Direct Examination

Clerk of Court (Suzeth): All rise! Honorable Judge Anselma Ordeniza is

in court.
Judge (Ann): Let us pray in silence.

Judge (Ann): Amen. Please be seated.

Judge Ann: Court is now in session. Call the cases. (Bang gavel 2 times)

CIerk of Court (Suzeth): Criminal Case No. 2021-001 People of the

Philippines v. Discobar, Paulo y El Capo, now comes for hearing.
APPEARANCES PLEASE.

Prosecution 1 (Belnie): GOOD MORNING YOUR HONOR,

PROSECUTOR Jayson C. Malero, RESPECTFULLY appearing for the
State, ready your Honor.

Prosecution 2 (Rusty): GOOD MORNING YOUR HONOR Atty.

Seymour Pulvera, appearing as a private prosecutor, ready you Honor.

(Judge Ann: Appearances for the Defense PLEASE.)—optional if dili

motingog drecho si Dean

Defense: GOOD MORNING YOUR HONOR, Atty. Drokins Sean Dean

appearing AS COUNSEL FOR THE ACCUSED.

Judge Ann: Okay so everybody is ready, prosecution please call your

witness.

Direct examination: 1st witness

Prosecution 1(Belnie): Your Honor, may I call our eyewitness 1, Mr. Leo
Luisito Cornelio.

Judge Ann: Swear in the witness.

Clerk Of Court (Suzeth): Mr. Witness, please raise your right hand. Do
you swear to tell the truth, the whole truth, and nothing but the truth in
this proceeding?

Witness 1 (Leo): Yes, your Honor.

CLERK OF COURT:Please state your name, age, and personal

circumstances.
Witness 1 (Leo): My Name is Leo Luisito Cornelio, I am 45 years old,
married, and I reside in Unit 5, Lot 311, Mulberry Subdivision, Talamban,
Cebu City. I am a Public-School Teacher at Abellana National School.

Prosecution 1 (Belnie): May it please the Court, the testimony of Mr.

Cornelio IS being offered to prove the following: First, that he is an
eyewitness to the shooting incidents of a mother and son resulting in
their deaths that happened in the afternoon of December 20,2020 in
Talamban, Cebu City. Second, that he would be identifying the accused
in this case and for such other matters or purposes which are relevant
and material in the case under consideration. May I proceed Your
Honor?

Judge Ann: Please Proceed.

Prosecution 1(Belnie): Mr. Cornelio, DO YOU KNOW THE ACCUSED IN

THIS CASE, PAULO DISCOBAR?

WITNESS 1: YES SIR.

PROSECUTOR 1: WHAT ABOUT THE VICTIMS IN THIS CASE,

MARITES SIA AND BOBBY SIA, DO YOU KNOW THEM?

WITNESS 1. YES SIR.

PROSECUTOR 1: WHY DO YOU KNOW THE ACCUSED AND THE

VICTIMS IN THIS CASE?

Witness 1(Leo): I KNOW THEM BECAUSE THEY ARE ALL MY

NEIGHBORS, SIR.

Prosecution 1(Belnie): Mr. witness, will you describe the distance of your
house from that OF the house of the victim?

Witness 1(Leo): Approximately about ten (10) meters, SIR.

Prosecution 1(Belnie): WHAT ABOUT THE HOUSE OF THE

ACCUSED, HOW FAR IS IT FROM YOUR HOUSE?

Witness 1(Leo): Approximately about twenty (20) meters, SIR.

Prosecution 1(Belnie): Mr. witness, will you please tell this Honorable
Court WHERE YOU WERE on December 20, 2020, at around 4:00
o’clock in the afternoon.

Witness 1(Leo): I was at the veranda of my house, SIR.

PROSECUTOR 1: WHERE IS YOUR HOUSE LOCATED?

WITNESS 1: At Unit 5, Lot 311, Mulberry Subdivision, Talamban, Cebu

City, SIR.

Prosecution 1(Belnie): Mr. witness, will you please tell this Honorable
Court what were you doing specifically while you were at the veranda of
your house at Unit 5, Lot 311, Mulberry Subdivision, Talamban, Cebu
City at around 4:00 o’clock in the afternoon?

Witness 1(Leo): I was sitting ON a chair and having a cup of coffee, SIR.

Prosecution 1(Belnie): Mr. witness, will you please tell this Honorable
Court IF YOU CAN RECALL OF AN UNUSUAL INCIDENT THAT
happened at around 4:00 o’clock in the afternoon, IF THERE WAS
ANY?

WITNESS 1. YES SIR.

PROSECUTOR 1: WHAT WAS THAT UNUSUAL INCIDENT, MR.

WITNESS?

Witness 1(Leo): Mr. Bobby alyas “bogoy” Sia, the victim, was playing
“Lata Canyon” together with his nephews in front of their house. After a
few minutes Mr. Paulo Discobar, the accused, came and confronted
them saying he will confiscate the “Lata Canyon”. A quarrel and shouting
ensued among them, thus I stood up and approached them to pacify the
commotion.

Prosecution 1(Belnie): What happened after you approached them?

Witness 1(Leo): Paulo Discobar, shouted that he will arrest Bogoy Sia,
but Mrs. Marites Sia, the mother of Bogoy went down hurriedly from their
house and embraced Bogoy Sia. I distanced myself because Paul
Discobar is a Jail Officer and I usually saw him with a gun tucked in his
waist.

Prosecution 1(Belnie): What happened then after you distanced yourself

from the commotion?

Witness 1(Leo): I saw Paulo Discobar, held the shorts of Bogoy Sia with
a dragging motion away from the house of Bogoy saying “arestohon tika”
but Mrs. Marites Sia kept on embracing Bogoy in an attempt to pull him
away from Paulo Discobar. Mrs. Elaine Discobar, the wife of Paulo
Discobar, then came and had a verbal exchange with Marites Sia. I
heard Marites Sia mumbled something while making face towards Elaine
Discobar.

Prosecution 1(Belnie): Mr. witness, will you please tell this Honorable
Court specifically what you actually saw when you say Mrs. Marites Sia
was making face towards Mrs. Elaine Discobar?

Witness 1(Leo): Marites Sia was sticking her tongue out towards Elaine
Discobar while moving her head left and right like this (illustrating the
actions)

Prosecution 1(Belnie): What happened after Mrs. Elaine Discobar came

to the commotion and after Mrs. Marites Sia made face towards Elaine
sticking her tongue out while moving her head left and right?

Witness 1 (Leo): Paulo Discobar, yelled at Marites Sia, saying “yawa ka

ha, patyon tika run!” then I saw Paulo Discobar suddenly pulled a gun
from his waist side and pointed it to Marites Sia, I saw the bursting fire
from the gun and I heard two (2) successive bang sounds, and then
Paulo Discobar pointed the same gun to Bogoy Sia, and then another
bursting fire came out from the gun and then I heard another two (2)
successive bang sounds.

Prosecution 1 (Belnie): What happened after you saw the bursting fire
from the gun of Paulo Discobar and heard those four (4) bangs sounds?

Witness 1(Leo): I saw Marites Sia, and Bogoy Sia lying on the ground,
while Paulo Escobar and Elaine Escobar fled from the area. I tried to
give assistance, but the two (2) victims appeared lifeless already with
each of their heads bathed with blood.
Prosecution 1(Belnie): Mr. Witness, looking around the courtroom today,
do you see the person who committed the shooting of Marites Sia and
Bobby alyas “Bogoy” Sia in your place?

Witness 1(Leo): Yes, SIR.

Prosecution 1(Belnie): Will you point from the people in this courtroom
the person you identified as the one who shot Marites Sia and Bobby
alyas “bogoy” Sia in your place?

Witness 1(Leo): Yes, Your Honor, he’s over there. (Pointing the
accused)

Prosecution 1(Belnie): Is he Paulo Discobar, the same person who you

saw shooting Marites Sia and Bobby alyas “bogoy” Sia in your place?

Witness 1(Leo): He is the same person, SIR.

Prosecution 1(Belnie): May the record reflect that the witness has
identified the accused, Paulo Discobar y El Capo, Your Honor?

Judge (Ann): Noted.

Prosecution 1(Belnie): Anything else you wanted to say?

Witness 1(Leo): That’s all, Your Honor.

Prosecution 1(Belnie): Thank you, Mr. Cornelio. That will be all, your
honor. However, note that the witness needs to remain on the stand for
cross-examination.

Judge (Ann): Defense, any cross? (optional)

Defense: _______________ (optional)

Direct Examination: 2nd witness

Judge (Ann): Let’s proceed. Is there any other witness for the
prosecution?

Prosecutor 1 (Belnie) Yes, your Honor.

Judge (Ann):  Call YOUR WITNESS and Swear in THE witness.

Prosecutor 1 (Belnie): MAY I CALL OUR SECOND WITNESS, Major
Oliver Christian L. Borromeo, YOUR HONOR.

Clerk of Court (Suzeth): Do you swear to tell the truth, and nothing but
the truth, so help you God?

Witness 2 : Yes, I do.

CLERK OF COURT: PLEASE STATE YOUR NAME, ADDRESS, AGE

AND OTHER PERSONAL CIRCUMSTANCES.

WITNESS 2:
(Witness 2(Oliver): I am Major Oliver Christian L. Borromeo, 55 years
old, married, living in Lahug, Cebu City and I am a police officer
stationed in Philippine National Police, Camp Sotero Cabahug, Cebu
City.

JUDGE: YOUR WITNESS FISCAL

Prosecutor 1 (Belnie): Your Honor, the private prosecutor is authorized

to conduct the direct examination of the witness under my control and
supervision.

Prosecutor 2 (Rusty): Thank you Fiscal.

Prosecutor 2(Rusty): WITH THE KIND PERMISSION OF THE

HONORABLE COURT, may I proceed your Honor?

Judge Ann: Yes, please proceed.

Prosecutor 2: (Rusty) The prosecution’s second witness is here to

establish, that the crime of murder was committed using an unlicensed
firearm. AND ALL OTHER MATTERS RELEVANT TO THE CASE. –
MAGIC WORD.

Prosecutor 2(Rusty): Please tell this honorable court what your

educational background is and what your added credentials are, if any?
– MAGIC WORD.
Witness 2(Oliver): I was a graduate of the Philippine National Police
Academy Batch 2000 and I have received training in ballistics and
firearms identification with the FBI and NBI academies.

Prosecutor 2 (Rusty): Please tell this Honorable Court, how many years
you have been doing this kind of work and what specific department you
are assigned to in the police force?

Witness 2 (Oliver): I have been in the police workforce for 21 years in the
Firearms and Explosive Office.

Prosecutor 2 (Rusty): Mr. witness, where were you in the afternoon of

Dec 20, 2020.

Witness 2 (Oliver): I was on duty in the Firearms and Explosive Office in

Camp Sotero, Cabahug when we received a call about a shooting
incident, and I was dispatched to investigate the crime scene.

Prosecutor 2 (Rusty): What happened, when you arrived at the crime

scene?

Witness 2 (Oliver): When I arrived at the crime scene, I immediately

examined and studied the area looking for clues and evidence that might
be used in the perpetration of the crime.

Prosecutor 2 (Rusty): AND WHAT HAPPENED TO YOUR

INVESTIGATION?

WITNESS 2: I SAW A 9MM CALIBER BERETTA PISTOL AND 4

EMPTY SHELLS OF 9MM CALIBER ON THE GROUND.

PROSECUTOR 2: WHEN YOU SAW THESE ITEMS, WHAT DID YOU

DO NEXT?

WITNESS 2: I CORDON THE AREA AND I RECORDED THE

LOCATION OF EACH ITEM WITH RESPECT TO EACH OTHER.

PROSECUTOR 2: THEREAFTER, WHAT DID YOU DO?

Witness 2 (Oliver): I retrieved from the crime scene THE Beretta

caliber .9MM Pistol WITH SCRATCHED OUT SERIAL NUMBER AND
THE 4 empty bullet shells.
Prosecutor: (Rusty): AFTER YOU HAVE RETRIEVED THE 9 mm
PISTOL AND 4 EMPTY SHELLS, WHAT DID YOU DO WITH THE
ITEMS IF THERE WAS ANY?

WITNESS 2: I PHOTOGRAPHED AND MARKED EACH AND EVERY

ITEM SIR, AND I PLACED THEM INSIDE AN EVIDENCE CONTAINER.

PROSECUTOR 2: WHAT ELSE DID YOU DO WITH THE RECOVERED

ITEMS, IF YOU CAN RECALL?

WITNESS 2: I SUBMITTED THEM TO THE PNP CRIME

LABORATORY FOR BALLISTIC EXAMINATION.

PROSECUTOR 2: AS THE INVESTIGATING OFFICER OF THIS CASE,

DO YOU RECALL IF YOU HAVE MADE AN INQUIRY, IF THE
FIREARM USED IS A REGISTERED FIREARM?

WITNESS 2: YES SIR, I MADE A REQUEST FOR A FIREARMS

VERIFICATION FROM THE FIREARMS AND EXPLOSIVES OFFICE.

PROSECUTOR 2: IF THE SAID REQUEST BE SHOWN TO YOU, CAN

YOU IDENTIFY THE SAME?

WITNESS 2: YES, SIR.

PROSECUTOR 2: AS PART OF THE RECORDS OF THIS CASE IS A

REQUEST FOR VERIFICATION OF FIREARMS RECORDS, WILL YOU
PLEASE EXAMINE THE SAME AND TELL THE COURT OF WHAT
RELATION HAS THIS REQUEST TO THE ONE THAT YOU
MENTIONED EARLIER THAT YOU MADE AN INQUIRY.

WITNESS 2: THIS IS THE SAME REQUEST FOR FIREARMS

VERIFICATION THAT I MADE IN CONNECTION WITH THIS CASE,
SIR.

PROSECUTOR 2: YOUR HONOR, THIS DOCUMENT WAS ALREADY

MARKED DURING OUR PRE-TRIAL AS EXHIBIT “B”.

JUDGE: NOTED.

PROSECUTOR 2: IN THIS DOCUMENT THERE IS A SIGNATURE

ABOVE THE PRINTED NAME, OLIVER. WHOSE SIGNATURE IS
THIS.
WITNESS 2: THIS IS MY SIGNATURE, SIR.

PROSECUTOR 2: YOUR HONOR, MAY I REQUEST THAT THE NAME

AND SIGNATURE OF THE WITNESS BE SUB-MARKED AS EXHIBIT
“B-1”.

JUDGE TO THE INTERPRETER OR CLERK OF COURT: MARK IT

PROSECUTOR 2: WHERE IS NOW THE FIREARM THAT WAS USED

BY THE ACCUSED IN SHOOTING THE VICTIMS?

WITNESS 2. I SUBMITTED THE FIREARM TO THE COURT DURING

OUR PRE-TRIAL, SIR.

PROSECUTOR 2: WHAT ABOUT THE FOUR (4) EMPTY SHELLS

THAT YOU RECOVERED FROM THE CRIME SCENE?

WITNESS 2: I ALSO SUBMITTED TO THE COURT?

PROSECUTOR 2: YOUR HONOR, MAY I REQUEST THAT THE

FIREARM AND THE EMPTY SHELLS BE PRESENTED TO THE
WITNESS.

JUDGE (TO THE CLERK OF COURT): YOU PRESENT THE OBJECT

EVIDENCE TO THE WTNESS.

PROSECUTOR 2: THANK YOU, YOUR HONOR

JUDGE : CONTINUE FISCAL.

PROSECUTOR 2: MR. WITINESS, HERE IS A BERRETA 9 MM, HOW

IS IT RELATED TO THE BERRETA 9MM THAT YOU RECOVERED
FROM THE CRIME SCENE?

WITNESS 2: THIS IS THE SAME FIREAM THAT I RECOVERED FROM

THE CRIME SCENE, SIR.

PROSECUTOR 2: YOUR HONOR, I WOULD LIKE TO MANIFEST

THAT THIS FIREARM WAS ALREADY MARKED AS EXHIBIT “C”.

PROSECUTOR 2: PLEASE EXAMINE THE 4 EMPTY SHELLS IN

FRONT OF YOU, MR. WITNESS, AND TELL THE COURT IF THEY
ARE THE SAME EMPTY SHELLS THAT YOU RETRIEVE AT THE
CRIME SCENE.

WITNESS 2: YES THESE ARE THE SAME EMPTY SHELLS, SIR.

PROSECUTOR 2: THEY WERE ALREADY MARKED AS EXHIBITS

“D”, “E”, “F” & “G” YOUR HONOR.

MR. WITNESS, DO YOU RECALL HAVING EXECUTED AN AFFIDAVIT

IN CONNECTION WITH THIS CASE?

WITNESS 2. YES SIR.

PROSECUTOR 2: IF THE SAID AFFIDAVIT BE SHOWN TO YOU, CAN

YOU IDENTIFY YOUR AFFIDAVIT?

WITNESS 2: YES SIR.

PROSECUTOR 2: MAY I BORROW THE RECORDS YOUR HONOR.

JUDGE (TO THE CLERK OF COURT). YOU GIVE THE CASE FOLDER
TO THE PRIVATE PROSECUTOR.

PROSECUTOR 2: THANK YOU YOUR HONOR. MR. WITNESS, AS

PART OF THE RECORDS THIS IS AN AFFIDAVIT OF OLIVER,
DATED February 14, 2021, WILL YOU PLEASE EXAMINE THE SAME
AND TELL THE COURT IF THAT IS THE ONE YOU ARE REFFERING
TO AS THE AFFIDAVIT THAT YOU EXECUTED.

WITNESS 2: YES SIR THIS IS THE ONE.

PROSECUTOR 2: IN THE 2ND PAGE OF THIS AFFIDAVIT, THERE IS A

SIGNATURE ABOVE THE NAME OLIVER, WHOSE SIGNATURE IS
THAT?

WITNESS 2: THIS IS MY SIGNATURE, SIR.

PROSECUTOR 2: BEFORE YOU AFFIXED YOUR SIGNATURE,

WHAT DID YOU DO WITH THIS AFFIDAVIT?

WITNESS 2: I READ ALL THE CONTENTS THEREIN SIR.

PROSECUTOR: NOW, WILL YOU AFFIRM AND CONFIRM THAT ALL
YOUR ALLEGÀTIONS IN THIS AFFIDAVIT ARE TRUE AND
CORRECT BASED ON YOUR PERSONAL KNOWLEDGE?

WITNESS 2: YES, SIR.

PROSECUTOR 2: YOUR HONOR THIS AFFIDAVIT WAS ALREADY

MARKED DURING PRE-TRIAL AS EXH. “A” WITH SUB-
[Link] WOULD BE ALL TO THE WITNESS YOUR HONOR.

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