Practice Court 1: Criminal Case
Practice Court 1: Criminal Case
Practice Court 1: Criminal Case
PRACTICE COURT 1: CRIMINAL CASE QUESTION: Mr. Witness, When were you married to Milagros
TRIAL SCRIPT Reyes?
ANSWER: April 29, 1973 Sir.
REMINDERS: Q: Mr. Witness, Do you remember executing an affidavit of
TRIAL DATES: MARCH 22, 2014 complaint against a certain Milagros Reyes?
VENUE: MOOT COURT, LAW BUILDING A: Yes Sir.
TIME: 8:30AM; BE ON TIME! Q: If shown to you the affidavit of complaint, will be able to
COURT ATTIRE identify it?
PREPARE THE ROOM AHEAD OF TIME A: Yes Sir.
Q: I am showing to an affidavit of complaint consisting of 2
SCRIPT PROPER pages and dated January 3, 2013. Kindly go
over it and tell this court its relevance to
8:30 am this case.
COURT DEPUTY: All rise! A: Sir, this is the affidavit I have executed and the signature in
-Prayer: the second page is my signature.
COURT DEPUTY: You may take your sit. PROS: Your honor, may we request that the affidavit identified
JUDGE: Call the case please. by the witness be mark as our EXHIBIT A
COURT DEPUTY: Moot Court Criminal Case No. 01: DANILO and the SIGNATURE above the name DANILO
REYES VS. MILAGROS REYES. REYES be marked as EXHIBIT A-1.
JUDGE: Appearances please. JUDGE: Mark.
COURT DEPUTY (Kunwari marks the document.)
PROS. ABBIE MEDINA, appearing for the
Republic Q: What is your relationship with Milagros Reyes, the named
PROS. JONEL DALIMAG, appearing for the accused in your affidavit complaint?
Republic, we are ready your honor. A: Sir, she is my wife.
Q: Is she in this courtroom?
ATTY. AYRA LAVADIA, appearing for the A: Yes Sir
accused. Q: Can you point, for purposes of identification of the accused,
ATTY. ANGELO, appearing for the accused, to that Milagros Reyes who is in this
we are ready your honor. courtroom?
A: Yes sir. (Witness will point at Milagros Reyes)
JUDGE: Prosecution, call your witness.
PROS:Your Honor, may we call on our lone witness whom is PROS: at this juncture your honor, for the record, that the
also the private complainant in this case, accused in this case is positively identified
Mr.DANILO REYES. by the private complainant.
(Witness will go to the witness stand) JUDGE: Noted.
COURT DEPUTY: (Administer the oath of the witness) Q: Mr. Witness, what property do you own and possess, if any?
Kindly stand up sir. Raise your right hand. A: Sir, I own a house and lot, located at 117 Hansen St. East
Do you swear to tell the truth, the whole Tapinac, Olongapo City.
truth and nothing but the truth to this case, Q: the lot consists of how many square meters?
Sir? A: 466 square meters sir.
WITNESS: I do. Q: What proof do you have in your possession, that you own
COURT DEPUTY: May I get your name please. such property located at 117 Hansen St.
WITNESS: DANILO REYES East Tapinac, Olongapo City?
COURT DEPUTY: Your address sir? A: Sir, the Original Owner’s Duplicate Copy of Transfer
WITNESS: 75, Hansen St. East Tapinac, Olongapo City Certificate of Title no. 7250, sir.
COURT DEPUTY: Status. Q: When was that issued to you?
WITNESS: Married to Milagros and we have three children. A: It was issued to me on February 12, 1985, sir.
Q: I shown to you the Transfer certificate of Title no 7250, will
PROS: Your Honor, we are offerthe testimony of Mr.DANILO be able to identify it?
REYES, the private complainant in this case A: Yes Sir.
to prove the following: that he is legally Q: I am showing to you a Transfer Certificate of Title no. 7250.
married to MILAGROS REYES, that he is the Kindly go over it and this this court its
absolute owner of the property located at relevance to this case.
117 Hansen St. East Tapinac, Olongapo City A: Sir, this the Transfer Certificate of Title no 7250 which
covered by Transfer Certificate Title no. T- covers my property.
7250; that the original Owner’s Duplicate
copy of such title is in his possession and PROS: Your Honor, may we request that the Transfer
has never been lost or missing; and that certificate if title nom 7250, identified by
MILAGROS REYES executed an affidavit of the witness be marked as our EXHIBIT B.
loss over such title knowing very well that JUDGE: Mark.
such title was not lost or missing. COURT DEPUTY (kunwari, marks the document)
JUDGE: proceed with your examination. Q: Mr. Witness, since your marriage to Milagros Reyes, what
happened to the Transfer Certificate of Title
DIRECT EXAMINATION no. 7250, if any?
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A: Sir, the Transfer certificate of Title was kept in my REYES be identified as our EXHIBIT D-1,
possession and custody. your honor.
Q: Did you authorize any person to do anything with your JUDGE: Mark.
property conered by TCT no 7250? COURT DEPUTY: (Kunwari marks the document presented.)
A: Sir, I did not authorize any person, including my wife, to do
anything with my property covered by TCT PROS: No more questions your honor.
7250 without my knowledge and written JUDGE: Cross?
consent. COUNSEL FOR THE ACCUSED: Yes YourHonor.
Q: Did you authorize any person to declare the loss of TCT JUDGE: Proceed
7250 which overs your property?
A: No sir, because the TCT 7250 is in my possession and CROSS-EXAMINATION:
custody. Q:
Q: What did Milagros Reyes do, if any, with regard to TCT no. A:
7250 which is in your possession? Q:
A: Sir, Milagros Reyes, executed an Affidavit of Loss alleging A:
that TCT no 7250 was lost or missing. Q:
Q: If shown to you tha Affidavit of Loss executed by your wife A:
Milagros Reyes, will you be able to identify
it? COUNSEL: That would be all for the cross YourHonor.
A: Yes Sir. COURT: Redirect?
Q: I am showing to you and Affidavit of Loss signed by PROS: ______
Milagros Reyes. Kindly go over it an tell this COURT: Proceed.
court its relevance to this case.
A: Sir, this is the Affidavit of Loss that Milagros Reyes RE-DIRECT
executed in which she declared that TCT no. Q:
7250 is lost or missing. A:
Q: Did Milagros Reyes know that the alleged missing Transfer Q:
Certificate of Title is in your possession? A:
A: Yes sir. Q:
A:
PROS: Your Honor, may we request that the Affidavit of Loss
executed by Milagros Reyes be marked as PROS: No more questions your honor.
our EXHIBIT C and the Signature above the COURT. Recross?
name MILAGROS REYES be marked as COUNSEL: ______.
EXHIBIT C-1 and the NAME and SIGNATURE
of the Notary public as our EXHIBIT C-2, COURT: (To Witness): You are excused Mr. Witness.
your honor.
JUDGE: Mark. OFFER OF EVIDENCE by PROSECUTION
COURT DEPUTY: (kunwari marks the document)
ORDER of the COURT/JUDGE
Q: What did you do, if any, after learning that Milagros Reyes
executed an Affidavit declaring TCT no 7250 PRESENTATION OF THE ACCUED AS WITNESS
which is in your possession lost and
missing? JUDGE: Counsels for Defendant, is your witness ready?
A: Sir, I executed an Affidavit to give notice that any one who COUNSEL: Yes YourHonor.
claims the alleged loss of the transfer JUDGE: Call you witness
certificate of Title of my property is COUNSEL: Your Honor, may we call on MrsMILAGROS REYES,
unauthorized and illegal and to support my the accused in this case, to the witness
Complaint for Perjury against MILAGROS stand.
REYES. (Witness will go to the witness stand)
Q: What did MILAGROS do, if any, after you filed a Complaint COURT DEPUTY: (Administer the oath of the witness)
for Perjury against her? Kindly stand up ma’am. Raise your right
A: Sir, she executed a COUNTER-AFFIDAVIT denying my hand. Do you swear to tell the truth, the
allegations against her. whole truth and nothing but the truth to this
Q: If shown to you the Counter-Affidavit executed by Milagros case, ma’m?
Reyes, will you be able to identify it? WITNESS: I do
A: Yes Sir. COURT DEPUTY: May I have your name.
Q: I am showing to you a one page counter Affidavit dated WITNESS: MILAGROS REYES.
January 31, 2013. Kindly go over it and tell COURT DEPUTY: Your status.
us its relevance in this case. WITNESS; I am legally married to DANILO REYES and we have
A: Sir, this is the Counter Affidavit executed by Milagros Reyes three children.
refuting the allegations in the Complaint for COURT DEPUTY: Your permanent address.
Perjury against her. WITNESS: I am residing at 117 Hansen St. East Tapinac,
Olongapo City.
PROS: Your Honor, may I request that the Counter-Affidavit be
marked as our EXHIBIT D, and the JUDGE: Counsel, proceed with your examination.
SIGNATURE above the name MILAGROS COUNSEL: Your honor we are here to offer the
testimony of the accused to prove the following
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A.)She did not act with malice in executing the Q: I am showing to you a copy of the complaint consisting of
affidavit of loss on October 11, 2011 and and dated December 7, 2012. Kindly go
over it and tell this court its relevance to
B.)That this perjury case is a mere leverage to the this case.
criminal complaint that the accused filed on December A: Sir, this is the complaint that I have filed against my
7,2012 against the complainant for concubinage. husband for concubinage and the
signature in the page is my signature.
PROS: Your honor, may we request that the affidavit identified
DIRECT EXAMINATION by the witness be mark as our EXHIBIT 2
The witness for the defense is the accused herself, and the SIGNATURE above the name DANILO
Mrs. Milagros Reyes REYES be marked as EXHIBIT 2-B.
Q: Miss witness, how are you related to Danilo C. Reyes ? No further questions your honor.
A: Danilo Reyes is my lawful husband.
COUNSEL: No More questions Your Honor.
Q: Since when have you been married? JUDGE: Cross?
A Since April 27,1973 sir.
PROS: Yes, YourHonor.
Q: During your marriage were you able to acquire certain JUDGE: Go ahead.
properties?
A: Yes sir, our Family home Located at 117 Hansen St. CROSS EXAMINATION
Olongapo, City Q:
A:
Q: Do you have a copy of the said title of the property? Q:
A: No sir, the title was lost in my files.
A:
Q: What did you do when you found out that the title was
missing? PROS: No more questions your Honor.
A: I asked my husband regarding the whereabouts of JUDGE: Re-Direct?
the missing title but he denied of having it. COUNSEL: _______
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Q: What did you after asking your husband ?
A: I consulted a lawyer, and after consultation, I
JUDGE: Ms. Witness, you are excused.
executed an affidavit of loss dated October 18, 2011
stating the truth and fact of the loss.
OFFER OF EVIDENCE BY THE DEFENSE
Q: What is your purpose in executing the affidavit of loss?
A: In order for the register of deeds of Olongapo to ORDER of the COURT/JUDGE
issue another copy of the owner’s duplicate copy of
the Transfer certificate of title. CLOSING ARGUMENTS
Q: If shown to you the affidavit of loss will you be able to
PROMULGATION OF JUDGMENT.
identify it?
A: Yes Sir.