ARRAIGNMENT

JUDGE : JO-AN C. PABLO

CLERK OF COURT :
COURT INTERPRETER :
COURT STENOGRAPHER :
PUBLIC PROSECUTOR : ATTY. IVAN SANDOVAL
DEFENSE COUNSEL : ATTY. PAUL RONALD DAGDAGAN
ACCUSED : NOEL ALARCON

PRE-TRIAL CONFERENCE

JUDGE: JO-AN C. PABLO

CLERK OF COURT:
COURT INTERPRETER:
COURT STENOGRAPHER:
PUBLIC PROSECUTORS:
1. Atty. Kenneth de Guzman
2. Atty. Joselito Pascua
DEFENSE COUNSELS:
1. Atty. Noel Alarcon
2. Atty. Kristian Villanueva

CRIMINAL CASE NO. 2017-111123

PEOPLE OF THE PHILIPPINES V. NOEL CRUZ ALARCON

Clerk of Court: All rise! The Court is now in session, silence is hereby enjoined.
Honorable Judge JO-AN C. PABLO, presiding. Let’s 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: Court is now in session. (stamp gavel) Call the cases.

ARRAIGNMENT

Clerk of Court: For arraignment, Criminal Case No. 2017-111123 People of the
Philippines v. Noel Cruz Alarcon for violation of Section 11, Article II of Republic Act
9165, Possession of Dangerous Drugs.

Clerk of Court: Appearance for Prosecution and the Defense.

Ivan: Your honor, I am Atty. Ivan Sandoval, appearing as a public prosecutor.

Paul: Your honor, I am Atty. Paul Ronald Dagdagan, defense counsel for the accused.

Judge: Is the accused around?

Court Interpreter: Yes your honor. Please approach the bench.

Judge: Arraign the accused.

Clerk of Court: What language/dialect do you understand?

Accused: English

Accused: Yes, I do.

Court Interpreter: Criminal case No. 2017-111123. People of the Philippines vs. Noel
Cruz Alarcon

Accused Noel Cruz Alarcon commits a crime for violation of Section 11, Article II of
R.A. 9165, possession of Dangerous Drugs.

That on 14th May of 2017, in the City of Manila, Philippines, and within the jurisdiction
of this Honorable Court, the accused, without authority of law, did then and there
willfully, unlawfully and feloniously have in possession, custody and control
Methamphetamine Hydrochloride (Shabu) weighing 3.0 grams, knowing that same to be
dangerous drug under the provisions of the above-cited law.

Contrary to law.

Judge: Do you understand the crime charged against you?

Accused: Yes, your honor.

Court Interpreter: What is your plea?

Accused: Not guilty, your honor.

Court Interpreter: The accused pleaded not guilty your honor.

Judge: Let it be on the record that the accused pleaded not guilty for the crime of
possession of Dangerous Drugs, pursuant to Section 11, Article II of R.A. 9165. The
information was read to him in English, a language known and understood by the
accused. Also, Atty. Paul Ronald Dagdagan, the defense counsel of the accused assisted
him in this arraignment.

Ivan: Your honor, we would like to set the case for pre-trial on July 27, 2017.

Judge: Are you amenable with the schedule defense counsel?

Paul: Yes your honor.

Judge: Ok set the pre-trial of the case on July 27, 2017. We only have one case for
today?

Court Stenographer: Yes, your honor.

Judge: In today’s trial, the arraignment of Noel Cruz Alarcon (accused) in Criminal Case
No. 2017-111123 is conducted. The information is read to him in English a language
known and understood by him. Defense counsel Atty. Paul Ronald Dagdagan 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 July
27, 2017. Notify the parties thereto. So ordered.
PRE-TRIAL CONFERENCE

Clerk of Court: Criminal Case No. 2017-111123 People of the Philippines v. Noel Cruz
Alarcon for violation of Section 11, Article II of Republic Act 9165, Possession of
Dangerous Drugs, for pre-trial conference.

Judge: Appearances?

Kenneth: For the prosecution, Your Honor, representing the People of the Philippines:

I am Atty. Joselito Pascua, Assistant City Prosecutor

I am Atty. Kenneth de Guzman, Assistant City Prosecutor and we are ready.

Noel: Good afternoon Your Honor, for the defense, representing the accused, I am (New
name), defense counsel and
I am Atty. Kristian Villanueva, Your Honor, for the defense and we are ready.

Judge: Are parties willing to agree to enter into a plea-bargaining?

Kenneth: Your Honor Please, the prosecution does not desire to enter into plea-
bargaining

Noel: Your Honor Please, the defense does not also desire to enter plea bargaining.

Judge: Alright, mark your exhibits

Joselito: 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]

Kenneth: 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.

Noel: 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]

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

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

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

Noel: We admit, Your Honor.

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

Noel: We admit your Honor.

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

Judge: Alright. Any objection from prosecution counsels?

Kristian: No objection for the meantime, Your Honor.

Judge: Okay.

Kristian: 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 National Crime
Laboratory, Camp Crame 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. ___ for the defense and we are showing the prosecution and court a copy
of it.

Kenneth: The prosecutor admits Your Honor.

Kristian: 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 __ and ___, to recognize the compliance of the PNP Operatives to the
standard protocol.

Kenneth: We admit, Your Honor.

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

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

Kenneth: We submit, Your Honor.

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

Kenneth: 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?

Noel: Yes Your Honor, the defense submits the following issued 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.

Judge: Okay. How about the witnesses

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

First, SPO2 Jake Zyrus, one of the Arresting Officer to prove that a
surveillance operation was conducted that led to the arrest of the accused;
Second, PO1 Elmo Magallona, one of the Arresting Officer who delivered
the confiscated items to the PNP-NCLAB to prove the compliance of the
Chain of Custody;
Third, Kara David, a media practitioner to prove that the arresting team
conducted the surveillance operation, arrest and proper processing of the
suspect;
Fourth, Kagawad Anjo Yllana to prove that coordination was made and
the confiscated substance came to the possession of the suspect; and
Fifth, Dra. Carolina Garcia, to testify that she 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?

Kristian: Your Honor Please, the defense will also present 4 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, Police Senior Inspector Ricardo Dalisay, the team leader of the
arresting team, to prove that there was no surveillance and the arrest was
only made;
Third, Nena Mendoza, accused’s neighbor, to collaborate the testimony of
other witnesses that the PNP Operatives found nothing illegal in the
person of the defendant and that the alleged 3 grams of Shabu was
planted; and
Fourth, Deputy P/Supt. Charlie Chaplin, 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?

Noel: 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, ___________________ appeared for the

prosecutor, and ___________________________ appeared for the accused.
 
POSSIBILITY OF AMICABLE SETTLEMENT
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
2.
3.

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

1. Whether or not
2.
3.

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 July 29, 2017. Notify the parties thereto. So ordered.

Narrator: Today, we are presenting our case: CRIMINAL CASE NO. 139551 PEOPLE
OF THE PHILIPPINES V. KHALID MOHAMMED FADHEL NAJI. You will witness
how both parties defend their stand and see what will be the verdict. Is it conviction or
acquittal? On the first part, of our mock trial shows the Arraignment and Plea of the
accused. MOCK TRIAL SCRIPT Arraignment CRIMINAL CASE NO. 139551 PEOPLE
OF THE PHILIPPINES V. KHALID MOHAMMED FADHEL NAJI
Clerk of Court: This honorable court of the Regional Trial Court Branch 4 with the
Honorable Judge _________________ is now in session. All rise. Let’s 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: Court is now in session. Call the cases.
Clerk of Court: For arraignment, Criminal Case No. 139551 People of the Philippines v.
Naji for the crime of Reckless Imprudence resulting in slight physical injuries.
Appearance for prosecution and the defense counsel.
Prosecution Attorney: Your honor, I am Prosecutor
__________________________________ appearing for the State
Defense Counsel: Atty._______________________ for the defense, Your Honor
Judge: Arraign the accused.
Clerk of court: Criminal case No. 139551. People of the Philippines vs. Naji. On April
15, 2019 at 2:10 PM the accused will traversing along Ben Palispis Highway on a
motorcycle bumped a pedestrian inflicting upon him injuries which will require medical
attendance for a period of not less than 9 days.
Judge: Do you understand the crime charged against you?
Accused: Yes, your honor.
Clerk of Court: What is your plea?
Accused: Not guilty, 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 for the crime of reckless
imprudence resulting to slight physical injuries. The information was read to him in
English, a language known and understood by the accused. Also, Atty. ____________ the
defense counsel of the accused assisted him in this arraignment. Pre trial- admission of
facts Prosecutor Defense Counsel

Marking of evidences Prosecutor: Defense Counsel: Witnesses Prosecutor: Defense

Counsel: Judge: In today’s trial, the arraignment of Naji in Criminal Case No. 139551 is
conducted. The information is read to him in English a language known and understood
by him. Defense counsel Atty. ______________ assisted the accused. The accused
pleaded not guilty for the crime charged against him. Pre trial was simultaneously
conducted after the arraignment both the Prosecutor and Defense Counsel agreed to the
stipulation of facts, evidences were duly marked and compared, witnesses were duly
identified. No objections both for prosecution and defense, the case is set for trial on
____________________. Notify the parties thereto. So ordered.