SCRIPT FOR PRE TRIAL
ARRAIGNMENT:
CLERK OF COURT: Please all rise. Municipal Trial Court in
Cities Branch 02, the court is now on session, silence is now
enjoined, the Honorable Nasser Dugasan presiding. (hit
gavel 2 times).
Judge: Let us pray
Clerk of court: Almighty God, we stand in your Holy
Presence as our Supreme Judge. We humbly beseech you to
bless and inspire us so that 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 rightiousness for the fulfillment of your greater
glory. Amen
JUDGE : Call the case for arraignment.
CLERK OF COURT: Criminal case No. 36829, People of the
Philippines versus Vanessa L. Gansyo for violation of Batas
Pambasa Blg. 22
Judge: appearances
PROSECUTION: good morning your honor Atty. Karen
Maloloy-on respectfully appearing for the prosecution.
DEFENSE COUNSEL: good morning your honor Atty. Jovelle
Esguerra appearing for the accused.
JUDGE: Is the accused in court?
COUSEL FOR DEFENSE: yes your honor, she is present and
ready for arraignment.
JUDGE: Is the complainant present.
PROSECUTION: Yes Your Honor, the complainant Mr. Wang
C. Juwa is in court.
JUDGE: Accused Vanessa C. Gansyo, did your counsel
explain to you what will transpire in today’s arraignment
COURT INTERPRETER: Naipaliwanag naba sau ng iyong
abogado ang mangyayari sa ating pagdinig ngayon?
ACCUSED: Yes Your Honor
JUDGE: do you understand the English language or do you
wish to be arraign in other language other than english?
ACCUSED: Yes your Honor, I can understand the English
language.
JUDGE: Let’s proceed then to arraignment, Ms Clerk of court
please read the information.
CLERK OF COURT: (read the Information)
JUDGE: Vanessa Gansyo do you understand the nature of
the accusation against you?
ACCUSED: Yes your honor.
JUDGE: what is you plea?
ACCUSED: not guilty your honor.
JUDGE: Defense Counsel does your client willing to plea
guilty in lesser offense.
DEFENSE COUNSEL: Vanessa Do you want to plea guilty
for a lesser offense?
ACCUSED: no attorney , I’m innocent.
DEFENSE COUNSEL: your honor my client don’t want to
plea guilty for a lesser offense
JUDGE: Enter a plea of not guilty for the accused Vanessa L.
Gansyo. (READ THE ORDER DONE IN ARRAIGNMENT). Refer
this case to Philippine Mediation Center and directed the
both parties to appear thereat today. This is to remind the
both parties that mediation proceedings are part of the pre
trial conference and sanctions may be imposed upon them in
the event of absence thereat without justifiable cause upon
the recommendation of the assigned mediator. Session is
adjourn.
CLERK OF COURT: all rise.
JUDGE: (popukpok martilyo 2x).
(the mediation failed, the case is forwarded to the
court of origin for preliminary conference)
Preliminary Conference
CLERK OF COURT: Please all rise. Municipal Trial Court in
Cities Branch 02, the court is now on session, silence is now
enjoined, the Honorable Nasser Dugasan presiding. (hit
gavel 2 times).
Judge: Let us pray
Clerk of court: Almighty God, we stand in your Holy
Presence as our Supreme Judge. We humbly beseech you to
bless and inspire us so that 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 rightiousness for the fulfillment of your greater
glory. Amen
JUDGE : Call the case for Preliminary Conference.
CLERK OF COURT: Criminal case No. 36829, People of the
Philippines versus Vanessa L. Gansyo for violation of Batas
Pambasa Blg. 22
JUDGE: Appearances.
PROSECUTION: good morning your honor Atty. Karen
Maloloy-on respectfully appearing for the prosecution.
DEFENSE COUNSEL: good morning your honor Atty. Jovelle
Esguerra appearing for the accused.
JUDGE: is the complainant present?
PROSECUTION: yes your honor. Mr Wang C. Juwa is present
your honor.
COMPLAINANT: good morning your honor.
JUDGE: today’s setting is for the continuation of the
preliminary conference. As to plea bargaining Prosecution?
PROSECUTION: Your honor at the moment there is no
possibility of plea bargaining or settlement.
JUDGE: how about the defense
DEFENSE COUNSEL: your honor we confirm the
manifestation of the public prosecutor. And on our part we
believe that there is no possibility for settlement. May we
just move for the termination of the preliminary conference
and proceed for trial?
JUDGE: the court denies that motion of the defense to just
terminate the pre trial conference. We’re mandated to
strictly adheres to the new rules and enhance the pre trial
and preliminary conference proceedings. I know that the
parties may think that this will just be another cost of delay
in the institution of the case but if we comply with this new
rules, we can, in effect, to shorten the life span of a
litigation. So we will try to secure an amicable settlement
between the parties. Is there any new proposal for
settlement for the defense.
DEFENSE COUNSEL: none your honor.
JUDGE: defense counsel what do you say about the proposal
that the accused will just pay the amount of Php. 550,000.00
as amicable settlement of this case, as prosposed by the
prosecution.
DEFENSE COUNSEL: your honor, we maintain our position
that we continue this case.
JUDGE: if that is the case let’s proceed to the marking of
your documentary evidence and request for admission. For
the prosecution.
PROSECUTION: Yes your honor, will the defense admit the
existence and due execution of the following documents:
Metro Bank check no.1234565
Metro Bank check no. 3245673
Metro Bank check no. 2356432
And marked it as exhibit “A” “B” and “C”, respectively
JUDGE: What can you say Defense counsel as to the request
of the public prosecutor with respect to the documents
existence and due execution.
DEFENSE COUNSEL: yes your honor, the documents
mention by the public prosecutor is admitted to existence
and due execution.
JUDGE: anything else prosecution?
PROSECUTION: yes your honor, will the defense also admit
the existence and due execution of the notice of dishonor
and marked it as exhibit “D”?
DEFENSE COUNSEL: admitted your honor
PROSECUTION: will the defense also admit the existence
and due execution of the Registry Return card, Certification
issued by the Philippine post office and the inquiry form on
domestic record mail issued by Philippine Post office. And
mark it as exhibit “E”, “F” and “G” respectively.
DEFENSE COUNSEL: admitted your honor
PROSECUTION: that’s all your honor
JUDGE: any manifestation defense counsel?
DEFENSE COUNSEL: well for our part your honor we
request for admission and marking the following first is the
counter affidavit of Vanessa L. Gansyo and the Joint affidavit
of Ana Reyes and Bella Domingo and marked it as Exhibit
“1” and “2” respectively.
JUDGE: What can you say Prosecution as to the request of
the defense with respect to the documents existence and
due execution.
PROSECUTION: your honor the prosecution admits the
existence and due execution but not to its content you
honor.
JUDGE: Do the parties have additional facts of stipulations
or admission. For the prosecution?
PROSECUTION: for the prosecution your owner may
request the defense counsel to admit the identity of the
accused, Vanessa Gansyo and that whenever the name is
mentioned during this proceedings it will be taken to refer to
the accused that was arraigned under this information.
DEFENSE COUNSEL:yes your honor we admit the identity
of the accused
JUDGE: very well that will be stipulation number 1. Identity
of the accused was admitted.
PROSECUTION: further stipulation your honor, is the
defense also ready to admit that the accused issued the
following checks metro bank check with no. 1234565, Metro
Bank check no. 3245673 and Metro Bank check no. 2356432
to the private complainant as payment of the sacks of rice
she purchased.
DEFENSE COUNSEL: Denied your honor.
JUDGE: that stipulation was denied.
PROSECUTION: further stipulation your honor, is the
defense also ready to admit the existence of the counter-
affidavit of the accused
DEFENSE COUNSEL: yes your honor we admit that.
PROSECUTION: and that in the paragraph no 2. Particularly
in 2.b. it was stated that respondents admits that she
received sacks of rice from the complainant and issued
checks as payment of respondent’s obligation which was
usually done and is practiced in their normal corse of
business?
DEFENSE COUNSEL: yes your honor we admit that.
PROSECUTION: will defense admit that the aforementioned
checks that were dishonored will presented for payment?
DEFENSE COUNSEL: the defense denied that stipulation
your honor.
PROSECUTION: will defense admit the existence of the said
checks.
DEFENSE COUNSEL: yes your honor we admit that.
PROSECUTION: will defense admit that on the said checks
the word DAIF were stamped?
DEFENSE COUNSEL: the defense denied that stipulation
your honor.
PROSECUTION: will defense admit the existence of the
Notice of Dishonor
DEFENSE COUNSEL: yes your honor we admit that.
PROSECUTION: will defense admit that this notice of
dishonor was received by the private complainant as
evidenced by the Certification of the post office of San
Fernando City La Union.
DEFENSE COUNSEL: Denied your Honor.
PROSECUTION: will defense admit the existence of the
Certificate coming from the office of the Philippine Postal
Office issued by Edith Garcia Postermaster III
DEFENSE COUNSEL: admitted your honor
PROSECUTION: will defense admit the existence of inquiry
form on the domestic record mail issued by the Philippine
Postal Office issued by Edith Garcia Postermaster III
DEFENSE COUNSEL: admitted your honor
PROSECUTION: and lastly, will the dense admit that these
checks up to the present were not yet paid
DEFENSE COUNSEL: Denied your Honor.
PROSECUTION: that all your honor thank you.
JUDGE: ok. How about the defense any proposal for the
admission or stipulation?
DEFENSE COUNSEL: Will the prosecution admit the
existence of the counter affidavit of Vanessa L. Gansyo.
PROSECUTION: admitted your honor the existence of the
counter affidavit of Vanessa L. Gansyo.
DEFENSE COUNSEL: Will the prosecution admit the identity
of the accused, Vanessa Gansyo and that whenever the
name is mentioned during this proceedings it will be taken to
refer to the accused that was arraigned under this
information.
PROSECUTION: we admit the identity of the accused your
honor.
DEFENSE COUNSEL: the defense proposed no further facts
for stipulation your honor.
JUDGE: ok then, what are the factual issues are here in the
case. We can narrow down the factual issues using the
documents submitted by the parties and admissions so far
made. Pursuan to A.m no. 3-109 SC. The courts require to
ask questions on the issues with objective in limiting the
number of issues to only the genuine issues to shorten the
trial. You should not be construed to mean any judgment on
the part of the court any statement or the issues are not
intended to favor or prejudice any party. I believe one of the
important issues is whether or not the accused is guilty as
charged? Do you agree counsel?
PROSECUTOR: Yes your honor actually for the prosecution
we only raise one issue and that is whether or not the
accused is guilty as charged?
DEFENSE COUNSEL: the defense also agree to the issues
stated your honor.
JUDGE: do we agree on the legal issues in this case then. Or
do you have any other issues defense counsel?
DEFENSE COUNSEL: none you honor.
JUDGE: Is the complainant prosecution claim the civil aspect
of this case here or he intends to file separate civil action?
PROSECUTOR: no your honor, we will claim it to this case.
JUDGE: so madam prosecutor, complainant is claiming
what?
PROSECUTOR: well principally your honor we are claiming
for the payment of the sack of rice delivered to the accused
or the value of the 3 Metrobank Check issued by the accused
amounting to Php508,000.00 plus Php.30,000.00 for
attorney’s fee and cost of suit amounting to Php8,500.00.
JUDGE: So for your claim for the payment of the sacks of
rice, who are your witnesses.
PROSECUTOR: the complainant itself will testify for the
value of the sacks of rice delivered to the accused your
honor.
JUDGE: how about the defense?
DEFENSE COUNSEL: your honor we will be presenting mrs.
Ana Reyes to testify to the value of sacks of rice delivered to
the accused as she also getting her sack of rice to the
complainant before.
JUDGE: OK THEN, on support of your case prosecutor, how
many witnesses are you presenting and how many trial days
do you need to present this witnesses?
PROSECUTOR: we have the private complainant Wang C.
Juwa, to testify to the value of sacks that represent the face
value of the 3 Metrobank checks issued by the accused , we
also have Editha Garcia to testify to the Certification coming
from the Philippine Postal Office, we will also present Mr.
Dante Tungpalan which is a representative of the Metrobank
to testify that the account under the checks issued by the
accused has insufficient fund and Mr. Eduardo Perez to
testify that the accused is the one who issued the 3 checks
who have insufficient funds. All in all we have 4 witnesses
your honor. We need 4 trial dates to present the witnesses
your honor. May we request to have our trial dates every
Monday which will be on March 7, 14, 21 and 28, 2022.
JUDGE: what about you defense counsel, who are your
witnesses in this case and how many trial dates do you need
to present your witnesses?
DEFENSE COUNSEL: your honor for the defense I will
present 3 witnesses, the accused Vanessa L. Gansyo, to
testify the deal between the accused and the complainant,
Ana Reyes and Bella Domingo. We need 3 trial date your
honor to present. May we also request to have our trial dates
every Monday which will be on April 4, 11, and 18, 2022
JUDGE: ok the, Trial will proceed as follows March 7, 14, 21
and 28, 2022 at 8:30 in the morning for the prosecution for
the presentation of witness and evidence and for the
defense April 4, 11, and 18, 2022 at 8:30 in the morning to
present its witness and evidence. and their case will be
deemed rested thereafter. Is that Understood?
BOTH COUNSEL: yes your honor
JUDGE: it is understood that the testimony of the witnesses
should be completed on the scheduled date of hearing
allotted to each witness under the one day examination
witness rule, however, the court has the discretion whether
or not to extend the cross examination of the witnesses for
good cause shown. Failure of the parties to comply for the
scheduled hearing or deadlines will serve as ground for the
waiver of presentation of such witness and the parties so
sunction must present the remaining evidence within the
dates left assigned to him. If for any reason the witnesses is
unable to testify on scheduled hearing, his disposition should
be taken prior to said hearing. Session are now adjourn.
CLERK OF COURT: all rise
JUDGE: (Pukpok martilyo 2x)