SCRIPT: ARRAIGNMENT

JUDGE: JEORGIA MARIE TINSAY

CLERK OF COURT: JUNALLIEZ QUINLOG
COURT INTERPRETER: JUNALLIEZ QUINLOG
COURT STENOGRAPHER: JUNALLIEZ QUINLOG
PROSECUTOR: ATTY. PRINCESS KIMBERLY UBAY-UBAY
DEFENSE COUNSEL: ATTY. STEVENSON YU

CRIMINAL CASE NO. CR-ORD-2016-628

PEOPLE OF THE PHILIPPINES V. KAG. ROLANDO AGBO

Clerk of Court: All rise! Honorable Judge Jeorgia Marie Tinsay is in court. 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.

Arraignment and Pre-trial

Court : Call the case

Clerk of : People of the Philippines v. KAG. ROLANDO AGBO Criminal
Court Case No. CR-ORD-2016-628 for: Murder
This is for arraignment
Court : Appearances for Prosecution
Defense :  Atty. _____________
Assistant Prosecutor
 Atty. PRINCESS KIMBERLY UBAY-UBAY
Private Prosecutor
Court : Appearance for Defense
:  Atty. ATTY. STEVENSON YU
 Atty. ____________

Court : Is the accused around?
Defense : The accused is around
Court : Arraign the accused.
Clerk of : People of the Philippines v. KAG. ROLANDO AGBO Criminal
Court Case No. CR-ORD-2016-628
 Accused KAG. ROLANDO AGBO commits a crime of
Murder, ART. 248 in relation to Article 14 of the Revised Penal
Code, committed as follows:

That on November 27, 2015, at around 6:00 in the morning,

at Taglimao, Cagayan de Oro City, Philippines,, and within the
jurisdiction of this Honorable Court, the said accused, while
armed with a shotgun with which he conveniently provided
himself, with intent to kill, qualified by treachery, did then and
there willfully, unlawfully and feloniously, attack, assault, and
shoot with the same gun, one Glendon E. Paborada, thereby
inflicting upon the latter “Multiple gunshot wounds to the face
and head”, that caused his immediate death, to the damage
and prejudice of the heir of Glendon E. Paborada.

Contrary to law.

Court : Do you understand the allegations of the facts?

Accused : Yes, your Honor.
Court : What is your plea?
Accused : Not guilty, your Honor.
Court : The accused pleaded not guilty.
Was there a proposal for amicable settlement?
Prosecution : :
& Defense

Court: Let it be on the record that the accused pleaded not

guilty for the crime of Murder. The information was read to
him in English, a language known and understood by the
accused. Also, Atty. Stevenson Yu the defense counsel of the
accused assisted him in this arraignment.

Court : Marking of Exhibits

Prosecution

Prosecutor : We pray that the affidavit of Rolando Paborada will be

marked as “Exhibit A”
Court : Mark it.
Prosecutor : We pray that the Affidavit of Romero Dalayat and Jeckson
Obsioma. will be mark as “Exhibit B”
Court : Mark it.
Prosecutor : We pray that the Affidavit of Analiza Daanoy will be marked
as “Exhibit C”
Court : Mark it.
Prosecutor : We pray that the Affidavit of Nic Nic Sablada will be marked
as “Exhibit D”
Court : Mark it.
Prosecutor : We pray that the Spot Report dated November 27, 2015 will be
marked as “Exhibit E”
Court : Mark it.
Prosecutor : We pray that the Incident Report will be marked as “Exhibit F”
Court : Mark it. :

Prosecutor: We pray that the Certificate of Death will be

marked as “Exhibit G”
Court: Mark it.

Prosecutor: We pray that the photograph of the victim in this

case will be marked as “Exhibit H to H1”
Court: Mark it.

Prosecutor: We pray that the Special Report will be marked

as “Exhibit I”
Court: Mark it.

Prosecutor: We pray that the Reply Affidavit of Rolando

Paborada will be marked as “Exhibit J”
Court: Mark it.

Prosecutor: We pray that NBI Examination Report the will be

marked as “Exhibit K”
Court: Mark it.

Prosecutor: We pray that the proof of expenses will be

marked as “Exhibit L”
Court: Mark it.

Court : Show your documents to the Defense.

Does the Defense admit the genuiness and due execution of
the documents?
Defense : Yes, your Honor.
Court : The Defense admits the genuiness and due execution of
Exhibit A-L
 Marking of Exhibits
Defense
Defense : We pray that the Affidavit of Rolando Agbo will be marked as
“Exhibit 1”
Court : Mark it.
Defense : We pray that the Affidavit of Rico Villame, Jr. will be marked
as “Exhibit 2”
Court : Mark it.
Defense : We pray that Affidavit of Franklin Faborada will be marked as
“Exhibit 3”
Court : Mark it.
Defense : We pray that the Affidavit of Geraldine Sumilhig will be
marked as “Exhibit 4”
Court : Mark it.
Is that all?
Defense : Yes, your Honor.
Court : Show your documents to the Prosecution
Prosecution, Do you admit the genuiness and due execution
of Exhibits 1-4of the Defense?
Prosecution : We admit the Genuiness and due execution of Exhibits 1-4 of
the defense.
Court : Witnesses for the Prosecution.
Prosecution : 1. Rolando Paborada,
2. Franklin Paborada,
3. Either Romero Dalayat or Jeckson Obsioma,
4. Analiza Daanoy,
5. Nick Nick Sablada

6. Dr. Tommy Uy,

We would like to ask for six (6) days to present the 6

witnesses.

Court : Prosecution has 6 witnesses

Witnesses for the Defense

Defense : 1. Accused Kag. Rolando Agbo
2. Rico Villame, Jr.
3. Geraldine Sumilhig
4. Franklin Faborada

We would like to ask for four (4) days to present the 4

witnesses.
Court : Defense has 4 witnesses

Theory of the Prosecution

Prosecution : Accused KAG. ROLANDO AGBO commits a crime of
Murder, ART. 248 in relation to Article 14 of the Revised Penal
Code, committed as follows:

That on November 27, 2015, at around 6:00 in the morning,

at Taglimao, Cagayan de Oro City, Philippines,, and within the
jurisdiction of this Honorable Court, the said accused, while
armed with a shotgun with which he conveniently provided
himself, with intent to kill, qualified by treachery, did then and
there willfully, unlawfully and feloniously, attack, assault, and
shoot with the same gun, one Glendon E. Paborada, thereby
inflicting upon the latter “Multiple gunshot wounds to the face
and head”, that caused his immediate death, to the damage
and prejudice of the heir of Glendon E. Paborada.

Contrary to law.

Defense : Kag. Rolando Agbo is innocent of the crime of Murder.

Court : The issue in this case is Whether or not the accused is guilty
of the crime charged in the information. No plea bargaining or
amicable settlement?

Prosecution None, your Honor.

& Defense
Court Stipulations of Facts from the Prosecution
: Recess for 5 minutes
Clerk of : Session is resume, silence is enjoined.
Court
Court : Prosecution’s proposal.
Prosecution : Do you admit identity of the accused as the same person
named in the Information and arraigned before this court on
October 4, 2016.
Defense : We admit.
Court : Defense admits.
Prosecution : Do you admit the presence of the accused at Sitio Nabitay
Barangay Taglimao, Cagayan de Oro on November 27, 2015
at about 6:00 in the morning?
Defense : We do not admit the presence of the accused
Court : Not admitted.
Prosecution : Do you admit that the accused is a Barangay Kagawad of
Taglimao Cagayan de Oro City at the time of the incident
subject of this case?
Defense : Yes, We admit.
Court : Admitted
Prosecution : Do you the presence of the accsued at Taglimao, Cgayan de
Oro City on November 27, 2015 at about 6:00 in the
morning?
Defense : Yes, We admit.
Court : Admitted.
Prosecution : Do you admit that the accused knows the victim in this case,
Glendon Paborada?
Defense : Yes, We admit.
Court : Admitted
Prosecution : Do you admit the fact of death of Glendon Paborada on
November 27, 2015
Defense : Yes, We admit.
Court : Admitted.

Stipulations of Facts from the Defense

Court : Defense’s Proposal

Defense : We have no proposal for Stipulation

Court : The defense has no proposal for stipulation.

Court: In today’s trial, the arraignment of Kagawad Rolando

Agbo (accused) in Criminal Case No. CR-ORD-2016-628is
conducted. The information is read to him in English a
language known and understood by him. Defense counsel
Atty. Yu assisted the accused. The accused pleaded not guilty
for the crime charged against him.
That the pre-trial having been terminated, this case shall be
called for reception of evidence for the prosecution on
November 21 and December 7, 2016, January 11, February
8, March 1 and April 12, 2017, all 8:30 in the morning. Let this
case be called for reception of evidence for the defese on
May 25, June 13, July 19, and August 16, 2017, all at 8:30 in
the morning.

So ordered.