VAWC Case Script

Scenario: Cross examination of a victim/complainant in a case for Violation of Sec. 5(a) of

Republic Act No. 9262 (Anti-Violence Against Women and Their Children Act of 2004)

Cast:

PresidingJudge Mateo C. Dalisay Re Charles Tupas

Fiscal Malia O. Rodriguez Mary Jo Decolongon

Atty. Baristo G. Ortega SharewinSapian

Lily Cruz Marianne Sheila Endriano

ArnaldoArdiente Emmanuel Jan Palma

PO1 Jepoy Madrigal Joseph RenzSardon

Acting Court Interpreter Mary Ann Caete

Court Stenographer III Mary Jovilyn Mauricio

Background of the case:

ArnaldoArdiente meets Lily Cruz and instantly falls in love with her. Arnaldo professes his love
for Lily who eventually falls in love with Arnaldo. They start dating. After a few years of dating,
Arnaldo proposes to Lily and tells her to move in with him. Their relationship goes downhill from
there. Arnaldo starts mistreating Lily by verbally shaming her and subjecting her to repeated
physical abuses.

During Trial:

Court Interpreter: All rise.

Ecumenical Prayer for the Courts

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 be 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.
The court is now in session. Hon. Judge Mateo C. Dalisaypresiding.Criminal Case No. 17-
45562PEOPLE OF THE PHILIPPINES v. ARNALDO ARDIENTE-TORILLO for VIOLATION OF SEC. 5(a)
of RA 9262 (Anti-Violence Against Women and Their Children Act of 2004. Silence is hereby
enjoined.

Court: Appearances.

Prosecution: Fiscal Malia O. Rodriguez appearing for the prosecution, your honor.

Defense: Atty. Baristo G. Ortega appearing for the defense, your honor.

Court: Call your witness, Fiscal.

Prosecutor: Your Honor, the prosecution is calling to the witness stand the complainant Lily
Cruz., Your Honor?

Court: Swear in the witness.

Court Interpreter:(Placing a Bible on the right hand of the witness and placing him under oath)

Court:Please give your personal circumstances.

Interpreter:Your Honor, the witness is Lily Cruz, of legal age, single, and residing at Blk. 5,
Paglaum Village, Brgy. Mansilingan, Bacolod City. The witness is now ready to testify, Your
Honor.

(Victim/Complainant is qualified as witness. Theprosecution is done with the direct examination

of the victim/complainant. It is now time for the cross by the counsel for the defense.)

CROSS-EXAMINATION BY ATTY. BARISTO G. ORTEGA

Court:Cross, Atty. Ortega?

Atty. Baristo:With the kind permission of the Honorable Court?

Court:Proceed.

Atty. Baristo:Hi. Good morning, Ms. Lily Cruz!

Lily Cruz: Good morning, sir.

Atty. Baristo: According to the affidavit, you were physically hurt and said unpleasant words
against you by your partner, ArnaldoArdiente - Torrillo? Thats why you reported it to the
Police, correct?
Lily Cruz:Yes, sir.

Atty. Baristo:How long have you been living together?

Lily Cruz: Five years, sir.

Atty. Baristo: Can you describe your relationship with Arnaldo during these five long years?

Lily Cruz: Well, it was okay.

Court: And by okay what do you mean, Ms. Cruz? Please do clarify your answers.

Lily Cruz: Our relationship was fine during the first few years. But as time went by, it turned
sour. Arnaldo started having vices. Hed usually go out for a drink with friends and come home
drunk. Because of this we often fight and argue. Then he started mistreating me.

Atty. Baristo: How many times did this happen to you?

Lily Cruz: I could not remember anymore, sir, but this is not the first time that he mistreated
me.

Atty. Baristo: To reiterate your answer, you said you cannot recall how many times this
happened to you, correct Ms. Cruz?

Lily Cruz: Uhmmm, kind of. Maybe.

Atty. Baristo: Ms. Cruz, yes or no please.

Court: The question is very simple, Ms. Cruz. Counsel for the defense is asking you whether or
not you recall how many times this happened to you.

Lily Cruz: No, I cannot recall, sir.

Atty. Baristo: You cannot remember. Okay. Next question, Ms. Cruz, can you describe how he
mistreats you?

Lily Cruz: Hed usually verbally and emotionally abuse me. Swearing and cussing. Hed tell me
Im worthless, that I am of no use to him.

Atty. Baristo: Was there any incident of physical abuse like this before?

Lily Cruz: There were times when he slapped me but what happened this time, this is way too
much. This hasn't happened before. This is a first.
Atty. Baristo: Again, Was there any incident of physical abuse like this before? Just yes or no,
Ms. Cruz.

Lily Cruz: No, sir.

Atty. Baristo: Okay, this has never happened before. Okay, next question. In this particular
incident that took place on September 21, 2017, you said you approached Arnaldo, who at the
time was already drunk, and told him that you will now go home. It was then when he berated
you and started swearing at you, correct?

Lily Cruz: Yes, sir. That is correct.

Atty. Baristo: Is it also correct that, as per your statement in your judicial affidavit, that it was
when you arrived at your house that he started inflicting physical harm against your person?

Lily Cruz: Yes sir.

Atty. Baristo: And that you tried calling for help but nobody came to your aid because, as you
said again in your judicial affidavit, nobody was there at your house except you and Arnaldo
when this happened, correct?

Lily Cruz: Yes, correct sir.

Atty. Baristo: Is it safe to say then, Ms. Cruz, that nobody actually witnessed what happened at
your house?

Lily Cruz: No sir.

Atty. Baristo: Next question, Ms. Cruz. You said that Arnaldo was under the influence of alcohol
when this happened, correct? Is it safe to say then that he may not have really intended to hurt
you? Correct?

Lily Cruz: Uhmmm, no sir.

Atty. Baristo: But Ms. Cruz you said earlier that he did not hurt you before and he never did this
to you. Hence, it is safe to say that Arnaldo did nothing but manifest his love and devotion to
you and that during the five years that you were togetherhe cared for you only until this
incident happened, right? Is it safe to say that it was just because he was drunk that he was
able to do this to you, correct?

Lily Cruz: Uhmmm, yes, yes he was drunk.

Atty. Baristo:Let it be clear to this court, Your Honor, thatArnaldo has been manifesting that he
loves and cares for Ms. Cruz and that this incident of grave physical abusehappened for the first
time and only when Arnaldo was drunk.

Is it not that during that night when the incident happened, you were both at a friend's house
attending a birthday party, Arnaldoadmittedly had quite a few bottle of beerswhen you hastily
approached him and reprimanded him for being drunk and ordered him to come with you and
head homeand that Arnaldo did not like the way you approached him that is why he reacted by
saying those words, correct?

Lily Cruz: Uhmm, but sir, what really happened was

Atty. Baristo: With all due respect Maam, please answer the question with a Yes or No only.

Lily Cruz: Uhmmm Yes, sir.

Atty. Baristo: Is it safe to say then that because of this you may have provoked him hence what
happened?

Lily Cruz: I do not want to answer the questions anymore. I want to be excused.

Atty. Baristo: No further questions, Your Honor.

Court: Any redirect?

Fiscal Rodriguez: A few questions, Your Honor.

(Fiscal Rodriguez asks a few questions for redirect.)

Court: Witness is excused.

Court Interpreter: Court is now adjourned.