Sample Court Proceedings

VAWC

November 6, 2015
Court
Clerk of
Court
Court
Atty.
Santos
Court
Court
Atty.
Benitez
Court
Atty.
Benitez
Court
Atty.
Santos
Court
Clerk of
Court

: Call the case

: People of the Philippines Vs. Rolly Aguinaldo II
Criminal Case No. 12345 for: Physical Abuse in relation
to RA 9262 Violence Against Women and their Children.
This is for arraignment
: Appearance for Prosecution
:
Fiscal. Jomarco Santos
Counsel for the complainant
: Appearance for Defense, Atty. Benitez?
: Counsel for the defense (in a louder tone)
: Is Atty. Gherold Benitez, around? (Loud)
: Yes your honor (arriving late)
Atty. Benitez, you are hereby sternly warned for
coming late. Atty. Benitez, please be reminded of your
oath and legal ethics as well that due respect must be
: given to court.
: Yes, your honor. Pardon my insolence.
OK. Is the accused around?
: The accused is around
: Arraign the accused.
: People of the Philippines Vs. Rolly Aguinaldo II
Criminal Case No. 12345
Accused Rolly Aguinaldo II commits a crime of
Physical Abuse, in relation to RA 9262, committed as
follows:
That on or about 11:00 oclock in the evening on April
13, 2015 in the City of Tarlac, Province of Tarlac,
Philippines, within the jurisdiction of this court, the said
accused, did then and there willfully, unlawfully, and
feloniously attack, assault, and caused concussions,
Jonilyn Mendoza Aguinaldo by then and there
paddling his back with a lamp shade, thereby inflicting
the latter closed wound on his upper back, which
injuries have require medical attendance.
That the accused is the husband of the complainant.

Court

: Do you understand the allegations of the facts?

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VAWC

Accused
Court
Accused
Court
Prosecutio
n&
Defense
Court
Prosecutor
Court
Prosecutor
Court
Prosecutor
Court
Prosecutor
Court
Prosecutor
Court
Defense
Court

:
:
:
:

Yes, your Honor.

What is your plea?
Not guilty, your Honor.
The accused pleaded not guilty.
Was there a proposal for amicable settlement?
: None, your Honor.

: Marking of Exhibits
Prosecution
: We pray that the Information will be mark as Exhibit
A
: Mark it.
: We pray that the Affidavit of Jonilyn Mendoza
Aguinaldo. will be mark as Exhibit B
: Mark it.
: We pray that the Affidavit of Johnny Tumaliuan,
witness, will be mark as Exhibit C
: Mark it.
: We pray that the Medico Legal issued by Dr. Mico
Halili will be mark as Exhibit D
: Mark it.
: We pray that Certification issued by PO3 Josephine
Maslang will be mark as Exhibit E
: Show your documents to the Defense.
Does the Defense admit the genuiness and due
execution of the documents?
: Yes, your Honor.
: The Defense admits the genuiness and due execution
of Exhibit A-E

Defense

Court
Defense

:
:

Court
Defense

:
:

Marking of Exhibits
Defense
We pray that the Counter-Affidavit of Rolly Aguinaldo
II will be mark as Exhibit 1
Mark it.
We pray that the Certification issued by Theresa
Cabrera, nurse, will be mark as Exhibit 2
Mark it.
We pray that another Certification issued by PO3
Josephine Maslang will be mark as Exhibit 3
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Court

: Mark it.

Defense

: We pray that the Joint Counter-Affidavit of Arci Munoz

and Ellen Adarna will be mark as Exhibit 4
: Mark it.
Is that all?
: Yes, your Honor.
: Show your documents to the Prosecution
Prosecution, Do you admit the genuiness and due
execution of Exhibits 1-4 of the Defense?
: We admit the Genuiness and due execution of Exhibits
1-4 of the defense.
: Witnesses for the Prosecution.
:
1. Johnny Tumaliuan
A concerned neighbor
Brgy. San Vicente, Tarlac City
2. Dr. Mico Halili
Medico-Legal Officer III
Tarlac Provincial Hospital
3. PO3 Josephine Maslang
Womens Desk, Tarlac City Police Department
: Prosecution has 3 witnesses
Witnesses for the Defense
:
1. Theresa Cabrera
Brgy San Vicente, Tarlac City
2. Arci Munoz
Brgy. San Nicolas, Tarlac City
3. Ellen Adarna
Brgy. San Rafael, Tarlac City
4. PO3 Josephine Maslang
Womens Desk, Tarlac City Police Department
: Only 4 witnesses?
The court takes note of your Exhibit 3. Who is going to
testify on these documents?
: PO3 Josephine Maslang, as one of our witnesses
:
He will be a common witness?
: Yes, your Honor.
:
PO3 Josephine Maslang will be a common witness
but he will testify on different account.
: Yes, your Honor.
: We pray for an additional Affidavit of Erica Paraso

Court
Defense
Court
Prosecutio
n
Court
Prosecutio
n

Court
Defense

Court
Defense
Court
Defense
Court
Defense
Prosecutio
n

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VAWC

Court
Prosecutio
n
Court
Prosecutio
n

: 3 days from today, you have to submit the additional

affidavit of Erica Paraso and pre-mark as Exhibit F
: We pray that Erica Paraso will be one of our witnesses.
: Erica Paraso is listed as 4th witness of the prosecution.
Theory of the Prosecution
: People of the Philippines Vs. Rolly Aguinaldo II
Criminal Case No. 12345
Accused Rolly Aguinaldo II commits a crime of
Physical Abuse, in relation to RA 9262, committed as
follows:
That on or about 11:00 oclock in the evening on April
13, 2015 in the City of Tarlac, Province of Tarlac,
Philippines, within the jurisdiction of this court, the said
accused, did then and there willfully, unlawfully, and
feloniously attack, assault, and caused concussions,
Jonilyn Mendoza Aguinaldo by then and there
paddling his back with a lamp shade, thereby inflicting
the latter closed wound on his upper back, which
injuries have require medical attendance.
That the accused is the husband of the complainant.
Contrary to law.

Defense

: Rolly Aguinaldo is innocent of the crime for he was just

induced so many many times by the complainant, just
for the complainant to establish desperately grounds
and reasons for possible annulment of their marriage.
(after several hearings)(at the next hearing)
Court
Clerk of Court

Court
Prosecution

Court

: Call the case

: People of the Philippines Vs. Rolly Aguinaldo II
Criminal Case No. 12345 for: Physical Abuse in
relation to RA 9262 Violence Against Women and their
Children.
: Appearances of the Prosecution
: Same Appearance
Atty. Jomarco Santos
: Appearances of the Defense
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Defense
Court
Prosecution
Court
Prosecution
Court
Court
Interpreter
Witness
Prosecution
Witness
Prosecution
Witness
Prosecution
Witness
Prosecution
Court
Prosecution

Court

: Same Appearances
Atty. Gherold Benitez
: Today, is also scheduled for the presentation of the
last witness of the prosecution AND the defense
Is the prosecution ready?
: Yes.
: Call the witness
: May I call Jonilyn Mendoza Aguinaldo to stand in the
witness stand.
: Swear the witness.
: Raise your right hand. Do you swear or affirm to tell
the truth, the whole truth, and nothing but the truth?
State your personal circumstances.
: Jonilyn Mendoza Aguinaldo, married, 22 years old,
Residing at Tarlac City.
: Where were you on April 13, 2015
: At home
: At the same date, where were you at 11:00 PM?
: At home
: At the same date and time, was there unusual
circumstance?
: TELL YOUR STORY
: ASK QUESTIONS
: Is that all?
: Before we rest our case, we formally offer our
exhibits.
1. Complaint- for the purpose that there is a case
filed.
2. Affidavit of Jonilyn Mendoza Aguinaldo, Exhibit B
and all its sub-markings- To prove that that the
accused inflicted injuries upon the complainant.
3. Affidavit of Jhonny Tumaliuan- to prove that the
incident realy happened
4. Medico-legal of Dr. Mico Halili, Exhibit D- to
prove that the accused sustained physical
injuries.
5. Exhibit E and all its sub-markings-certification
issued by PO3 Josephine Maslang that there was
an incident transpired.
: The court admits Exhibits A-E to form part of the
evidence of the prosecution
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Court
Defense
Defense
Court
Prosecutor
Court
interpreter
Court
Defense
Defense
Court

Cross-examination?
Yes your honor
ASK QUESTIONS
Redirect?
No more your Honor
The witness is excused.
:
:
:
:

Defense
Court
Defense

:
:
:

Court
Court
Interpreter

:
:

Witness

Court
Interpreter
Court
Defense

Presentation of the defense. Is the defense ready?

Yes.
Your Honor, Atty. Gherold C. Benitez for the Defense.
The court is asking if the defense is ready to present
the defendant
The defense is ready for the presentation.
Call the witness.
May we call Rolly Aguinaldo II to stand in the witness
stand
Swear the witness.
Raise your right hand. Do you swear or affirm to tell
the truth, the whole truth, and nothing but the truth?
State your personal circumstances.
I do. I am Rolly Aguinaldo, married, 23 resident of
Tarlac City and I am the accused in this case.
The accused is ready.

Court
Defense
Aguinaldo
Defense
Court
Prosecution
Court

: State the purpose in presenting your witness.

: The purpose is to rebut the alleged accusation that
he willfully and feloniously caused the injury
sustained by Jonilyn Mendoza Aguinaldo,
Proceed
ASK QUESTIONS
TELL YOUR STORY
: No further questions.
: Is the Prosecution ready to cross?
: Yes. May I approach the witness?
: Yes.

Prosecution
Witness
Prosecution
Court
Prosecution

: Good evening, Mr. Witness

: Good evening.
ASK QUESTIONS
: Any re-cross?
: None.
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Court

: The witness is excused.

After considering all the testimonies and documents
presented, and there-being having all witnesses have
been presented form both sides, the prosecution and
the defense, this court will resume its hearing on
December 13, 2015 for its decision. So ordered.

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