Ra 9262 Mock Trial Script
Ra 9262 Mock Trial Script
Ra 9262 Mock Trial Script
Introduction
NARRATOR:
Good evening to everyone! Before we begin tonight’s presentation our group would like to
convey our sincerest gratitude to our beloved professor Judge Caridad V. Galvez for her
unyielding patience and deep understanding in guiding us through the rigors of Remedial Law.
NARRATOR:
Tonight, we are presenting the case of the People of the Philippines v Kenneth Crisostomo, the
case stems from a violation of Section 5 paragraph (i) of Republic Act No. 9262 otherwise
known as the Anti-Violence against Women and Their Children Act of 2004.
CAST
Subsequently, in the year 2006 a case was filed by Elisa Crisostomo against Kenneth
Crisostomo for violation of R.A. No. 9262. On March 12, 2007, a Temporary Protection Order
(TPO) was issued by the RTC directing Kenneth Crisostomo to provide monthly financial
support to Elisa Crisostomo and their children. The TPO became permanent on October 28,
2008.
Part II - Arraignment
COURT INTERPRETER:
All rise, the court is now in session the Honorable Judge Jason Robinos, presiding
judge.
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.
JUDGE:
For arraignment: Criminal Case No. 14344-D People of the Philippines v. Kenneth
Crisostomo for violation of Republic Act No. 9262.
COURT INTERPRETER:
PROS. TADEO:
Your honor, I am Prosecutor Jessa Tadeo appearing as Public Prosecutor for the
government.
ATTY. VALENZUELA:
Your honor, I am Atty. Jeffrey Valenzuela entering my appearance as counsel for the
accused.
JUDGE:
COURT INTERPRETER:
JUDGE:
English or Filipino?
ACCUSED:
English sir.
COURT INTERPRETER:
That on or about July 15, 2005, in Quezon City within the jurisdiction of the Honorable Court,
accused KENNETH CRISOSTOMO, knowingly and willfully did not give monthly financial
support to ELISA CRISOSTOMO and his children in Violation of Section 5 (i) of Republic Act
No. 9262 thereby, causing mental or emotional anguish to private complainant ELISA
CRISOSTOMO.
Contrary to law.
JUDGE:
ACCUSED:
COURT INTERPRETER:
ACCUSED:
Not guilty, your honor.
COURT INTERPRETER:
JUDGE:
Let it be on the record that the accused pleaded not guilty for the violation of Republic
Act No. 9262 (Anti-violence Against Women and their Children Act of 2004).
PROS. TADEO:
Your honor, we would like to set the case for pre-trial on October 26, 2008.
JUDGE:
ATTY. VALENZUELA:
JUDGE:
JUDGE:
Order!
In today’s arraignment, accused Kenneth Crisostomo pleaded not guilty to the
information, that was read to him in a language known and understood by him,.... assisted by
his counsel Atty. Jeff Valenzuela.
As prayed for,..... the case is set for pre-trial on October 26, 2008. The opposing
counsels are notified in open court.
So ordered.
NARRATOR:
Pre-Trial ensued, marking the exhibits for the prosecution, as Exhibits A to F with submarkings,
which are the Marriage Certificate, Birth Certificate, Statement of Accounts, Prescription and
Receipts of payment for medicine respectively and the witnesses for the prosecution are Elisa
Crisostomo, Maryl Crisostomo, and Dr. John Paul Versoza as witnesses. The accused adopted
the Marriage Certificate presented by the prosecution and also presented his Birth Certificate as
Exhibits 1 and 2 and the accused himself as the lone witness.
Please rise. The court is now in session, the Honorable Judge presiding.
COURT INTERPRETER:
JUDGE:
JUDGE:
ATTY. VALENZUELA:
Same appearance for the accused, Your Honor. Ready, Your Honor.
JUDGE:
PROS. TADEO:
May we call to the witness stand Elisa Crisostomo. May we pray for the exclusion of the
public, Your Honor.
JUDGE:
Granted.
Everyone who is not part of the trial will be directed to go out of the courtroom.
COURT INTERPRETER:
Q Please raise your right hand. Do you swear to tell the truth and nothing but the truth in
this Court?
A Yes, sir.
Q Please tell your name, age and other personal circumstances.
A My name is Elisa Crisostomo, 64 years old, married, living in Quezon City, housewife.
PROS. TADEO:
Your Honor, we are offering the testimony of this witness in order to prove the material
allegations charged against the accused; she will testify to the fact that she is the wife of the
accused; that they were married on May 15, 1969; that 4 children were born out of their union;
she will also identify the accused, identify pertinent documents and to testify on other related
matters. May I proceed?
JUDGE:
Proceed.
A Yes, ma’am.
A Yes, ma’am.
A He is my husband, ma’am.
Q I am showing to you this document previously marked as Exhibit A. Please go over this
document and tell this Honorable Court if this is the marriage certificate you are referring to.
PROS. TADEO
We are adopting Your Honor the markings of this exhibit marked during the pre-trial
conference for the marriage certificate to be marked as our Exhibit A for the prosecution.
Q There is a signature above the name of Kenneth Crisostomo, is that his signature?
A Yes, ma’am.
A I saw him sign it, Ma’am. I am also familiar with his signature because we lived together
for a long time.
PROS. TADEO
A 4 children were born out of our union, of whom only 3 are living, and who are all now of
legal age.
A Maryl-Joy Crisostomo, Bea Crisostomo. Chona Crisostomo. Diane Crisostomo. The one
who has already passed away is Diane.
Q Do you have proof to show that indeed they are your children?
A Yes madam, I have submitted to this court their birth certificates.
Q Showing to you these birth certificates as part of the records of this case, are these the
birth certificates you are referring to?
A Yes, madam.
PROS. TADEO
We adopt Your Honor the markings on the birth certificates submitted during the pre-trial
conference as Exhibit B-1 CLB of Maryl-Joy Crisostomo, the CLB of Bea Crisostomo to be
marked as Exhibit B-2, the CLB of Chona Crisostomo to be marked as Exhibit B-3, and the CLB
of Diane Crisostomo to be marked as Exhibit B-4.
JUDGE:
Mark them.
A He used to render military service as a Philippine Air Force pilot and then later on, he
worked as a commercial pilot for the Philippine Airlines.
A November 2004.
A Yes.
Q Did you look for him?
Q Ever since Mr. Crisostomo stopped going home and ignored your calls, were you able to
get any information about his whereabouts?
A That some time in February 2005, he married one Marilou Osias Ramboanga in
Paranaque.
Q What did you do after you learned that your husband has a second wife?
A I verified it. I went to the local civil registrar in Paranaque and asked for a marriage
certificate of Kenneth Crisostomo. The LCR gave me a marriage certificate of Kenneth
Crisostomo married to Marilou Osias Ramboanga.
A Yes.
PROS. TADEO:
For the record Your Honor, the complainant identified the marriage certificate previously
marked as Exhibit C.
Q There is a signature above the name of Kenneth Crisostomo. Is that the signature of
your husband?
A Yes, ma’am.
A The signature that appeared therein is his signature because I am familiar with it.
PROS. TADEO:
JUDGE:
Mark it.
Q After verifying that your husband entered into a second marriage, what did you do next?
A I have here a certified true copy of the complaint that I filed, issued by the Branch Clerk
of Court of Branch 10-FC Paranaque City.
JUDGE: Proceed.
Q What happened after you filed the bigamy case?
A In our Statement of Accounts from our joint bank account, you can see that the deposits
ceased in July 2005.
JUDGE: Madame Witness clarification. Did the monthly support from your husband
continue even though he stopped coming into your home and has cut all communications with
you?
JUDGE: Proceed.
A Yes maam.
PROS. TADEO:
For the record, the complainant identified the Statement of Accounts previously marked
as Exhibit D. May we request that the point where the deposits ceased be bracketed and
marked as Exhibit D-1.
JUDGE:
Q Do you have proof that he was indeed giving you and your children financial support?
A Yes maam.
Q What is your proof?
PROS. TADEO:
JUDGE:
Mark it.
Q You said that he is supporting you and your children financially, by how much?
PROS. TADEO:
May we also pray that the amount of deposits and remittances be bracketed and marked
as Exhibit D-3.
JUDGE:
Mark it.
Q What did you do when he stopped giving you and your children financial support in July
2005?
Q Did you try to contact his colleagues at work regarding the whereabouts of your
husband?
A Yes, ma’am.
Q: How do you allocate your monthly support before Mr. Crisostomo stopped giving
support?
COURT INTERPRETER:
We spent it for food, electric bills, water bills, telephone bills, and for my maintenance
medicine and my regular check ups.
A I had to take maintenance medicines and regular check ups to keep my diabetes
controlled.
Q You mentioned, madam witness, that you had to take medicines and checkups for your
diabetes. What kind of medicines are these?
A I have here my prescription from my doctor, and my receipts from the drugstore.
PROS. TADEO:
May we pray that the prescription and receipts be marked as Exhibit E, and E-1 to E-20
respectively.
JUDGE:
PROS. TADEO:
And Your Honor, may we manifest that the physician who made the prescription is
present in court to be presented later as a prosecution witness.
JUDGE:
Manifestation noted.
A My medicine intake became irregular kasi nauubos na yung pera namin. Huhu
COURT INTERPRETER:
My medicine intake became irregular because we don’t have enough budget. Huhu
PROS. TADEO:
Q How did you feel upon knowing that your husband can no longer be reached and your
health is deteriorating?
A I felt emotional and mental anguish. I felt that I was abandoned without good reason.
Huhu
A Some weeks later, I filed the present VAWC case against him for his failure to provide
me and my children monthly financial support.
PROS. TADEO:
JUDGE:
ATTY. VALENZUELA:
JUDGE:
Proceed.
A: Yes.
Q: And after his stint as an airforce pilot, he became a commercial pilot for the Philippine
Airlines, is that correct?
A: Yes.
Q: And you also said that due to the nature of his work, he is rarely at home, is that correct
Madam witness?
A: Yes.
Q: On or around May 15, 1969, was Mr. Crisostomo already rendering service as an
airforce pilot?
A: Yes.
Q: So for Mr. Crisostomo to attend your wedding and consummate your marriage, did he
take a leave of absence from his job?
PROS. TADEO: Objection, Your Honor, thethat was not taken up during the direct
examination.
Q: You also said that Mr. Crisostomo stopped going home in November 2004, is that
correct?
A: Yes.
Q: Then, in June 2005, you learned that he was already married to another?
A: Yes.
A: Yes.
Q: Then, later in June 2005, you filed a bigamy case against Mr. Crisostomo. Is that
correct?
A: Yes.
A: Yes.
Q: Madam witness, from November 2004 until July 2005, did Mr. Crisostomo give you and
your family your monthly support?
A: Yes.
Q: And did you expect such support to continue even after you filed a bigamy case against
Mr. Crisostomo?
PROS. TADEO: The question tends to embarrass and degrade the witness.
JUDGE: Sustained.
DEFENSE:
JUDGE:
COURT INTERPRETER:
Q Please raise your right hand. Do you swear to tell the truth and nothing but the truth in
this Court?
A Yes, sir.
PROS. TADEO:
The purpose of the testimony of this witness Your Honor is to corroborate the testimony
of her mother and that she discovered that her father had contacted a second marriage and will
testify on suffering deprivation of financial support.
Proceed.
A He is my father.
PROS. TADEO:
Witness showing a document previously marked as Exhibit B-1 for the prosecution.
A She is my mother.
A Yes.
Q And being their daughter, you know what is happening in the family home of your mother
Elisa?
A Yes.
A He stopped coming home in November 2004 and he stopped sending them financial
support in July 2005.
A (answers in FILIPINO) Tinawagn po ako ng mother ko, at sinabi ang mga nangyari.
Pinuntahan ko sila sa bahay nila in Quezon City, and naverify ko po na hindi na sya
pinapadalhan. I even offered to help my mother financially.
COURT INTERPRETER:
My mother called me, informing me of the events. I went to her house in Quezon City
and verified that she was no longer receiving deposits. I even offered to help my mother
financially.
A They struggled to meet their daily needs. My mother was also unable to regularly take
her maintenance medicine because they were costly. I asked for help from our other relatives
but they were unable to help. At some point, their phone and water bills were cut.
Q When your mother was unable to regularly take her maintenance medicine, what
happened to her?
Q And during those times, did you try to contact your father?
A I confronted him and asked when was that, and who is that person, maam.
A He said that the woman was named Marilou Ramboanga, and that she was a former
classmate of my father, maam.
A (in FILIPINO) Masakit po because iniwan niya po kami, his first family. Mas masakit po
dahil naghihirap po ang mother ko and my sisters.
COURT INTERPRETER:
I felt pain because he abandoned us, his first family. It hurt more because my mom and
sisters struggled as a result..
PROS. TADEO:
JUDGE:
ATTY. VALENZUELA:
Proceed.
A Yes, sir.
A Yes, sir.
A No sir.
Q When did you become aware that Mr. Kenneth Crisostomo stopped going home in Ms.
Elisa Crisostomo’s house?
Q And did you visit Mr. Kenneth Crisostomo when you learned that he was no longer
coming home?
A No sir.
ATTY. VALENZUELA
JUDGE:
Call your next witness.
(Unpin MARYL and pin DR. JOHN PAUL VERSOZA PIN PROSEC TADEO)
JUDGE:
COURT INTERPRETER:
Q Raise your right hand. Do you swear to tell the truth and nothing but the truth in this
Court?
A Yes, sir.
PROS. TADEO:
This witness your honor, Dr. John Paul Verzosa, will testify as to the medical condition of
Elisa Crisostomo before the incidents happened and as well as after Kenneth Crisostomo
stopped giving support.
JUDGE:
Proceed
Q: You declared that you are a Doctor of Medicine, Dr. Verzosa, where did you finish your
medical degree?
A: 1980
A: Yes
A: In 1981.
Q: Since you became a licensed Doctor, have you ever attended Seminars, and undertaken
training in connection with the practice of Medicine? When and Where?
A: Yes. I have attended several trainings and seminars on Diabetes held here and abroad.
To name a few, one is the International Medical Conferences I’ve attended was in China last
September 2001 by Doctor John Paul Casaclang who was Internationally recognized
Endocrinologist. Another would be the one held just last January in Florida, USA.
-----------------
Q: Since when?
A: Yes.
Q: What is your basis for diagnosing Elisa Crisostomo with the said diseases?
A: We conduct regular check-ups and I prescribe her maintenance medicine. I also tell her
to keep a balanced diet and maintain regular exercise.
A: Yes maam.
Q: Ever since she stopped, when did she come back for her check-up?
A: Because she urinated a lot, always thirsty, she always feels very tired and she always
has numb or tingling hands.
A: She developed hypertension and cardio-vascular disease, on top of her type 2 Diabetes.
COURT INTERPRETER:
PROS. TADEO:
May we pray that these medical findings be adopted and marked as Exhibit F.
JUDGE:
Mark it.
Q: In your expert medical opinion, how did she develop hypertension and cardio-vascular
disease?
A: I believe it is because she did not take her maintenance medicine regularly. I also
noticed that she did not appear in our scheduled check-ups and treatment since 2005.
PROS. TADEO:
JUDGE:
ATTY. VALENZUELA:
Your Honor, we are now resting the case for the prosecution.
JUDGE:
PROS. TADEO:
Proceed.
PROS. TADEO:
Exhibit A is the Marriage Certificate between Kenneth Crisostomo and Elisa Crisostomo
Purpose: To prove that Kenneth Crisostomo is currently legally married to Elisa Crisostomo.
B-1 - Maryl-Joy
B-2 - Bea
B-3 - Chona
B-4 - Diane
Purpose: To prove that Kenneth Crisostomo and Elisa Crisostomo had legitimate children
during their marriage.
Exhibit C is the Marriage Certificate between Kenneth Crisostomo and Marilou Osias
Ramboanga
Purpose: To prove that Kenneth Crisostomo contracted a second marriage while his first
marriage with Elisa was still existing and as the basis of Elisa filing a bigamy case against
Kenneth Crisostomo.
Purpose: To prove the remittances sent by Kenneth Crisostomo from the time he started
working up to the time he stopped sending financial support to his wife.
Exhibit E are the prescription and receipts by Elisa’s physician.
E-1 - E-20
Purpose: To prove that Elisa Crisostomo was issued prescriptions due to her sickness and
incurred expenses arising from the physician's diagnosis.
Purpose: To prove that Elisa Crisostomo has developed hypertension and cardiovascular
disease.
JUDGE:
Any comment?
ATTY. VALENZUELA:
As to Exhibit A and its submarkings, we do not admit its existence and authenticity, Your Honor.
JUDGE:
Acting on the formal offer of exhibits of the prosecutor, and comments thereon by the
defense counsel, the Court resolves to admit all the exhibits offered by the defense counsel
specified in the offer.
-------------------------------
For the defense, we are ready to present our lone witness, Your Honor.
JUDGE:
COURT INTERPRETER:
Q Raise your right hand. Do you swear to tell the truth and nothing but the truth in this
Court?
A Yes, sir.
A I am Kenneth Crisostomo, 58, married, employed as pilot for Philippine Airlines, currently
residing in Paranaque City.
ATTY. VALENZUELA:
This witness, Your Honor, Mr. Crisostomo, is presented to (i) controvert the allegation
that he and Elisa Crisostomo were lawfully married and (ii) testify to the fact that he gave Elisa
Crisostomo monthly financial support, but withdrew the same because Elisa Crisostomo
instituted a bigamy case.
JUDGE:
Proceed.
A: Yes.
JUDGE: Proceed.
A: I met her when I went for a vacation at my aunt's house in Bicol where Elisa was a
housemaid.
A: Around 1966.
A: No.
ATTY. VALENZUELA:
May we pray that this Marriage Certificate be adopted as our common exhibit, which was
previously marked by the prosecution as Exhibit A and now we are marking it as Exhibit 1.
JUDGE:
Mark it.
Q: In this marriage certificate, it says that you were married on May 15, 1969 in Quezon
City. Is that true?
Q: Please tell this Honorable Court, where were you on May 15, 1969.
Q: Is it possible that you signed a marriage certificate with Elisa Crisostomo at any point
after?
A: No.
Q: There is a signature above the printed name of Kenneth Crisostomo. Do you know
whose signature this is?
A: No.
A: No.
ATTY. VALENZUELA:
May we request that the signature above Kenneth Crisostomo’s name be bracketed and
marked as Exhibit 1-1.
JUDGE:
Q: What can you make of the other details in this marriage certificate?
A: My date of birth is wrong. In this certificate, it is stated that I was born on August 3, 1944,
where in fact, I was born on August 3, 1948.
ATTY. VALENZUELA:
May we request that the date of birth of Mr. Kenneth Crisostomo appearing in Exhibit 1
be bracketed and marked as Exhibit 1-2.
JUDGE:
Mark it.
A: Yes.
A: Yes.
ATTY. VALENZUELA:
For the record, the witness identified Exhibit 2 previously marked as the birth certificate
of the accused. It is respectfully prayed that the date of birth appearing thereon be bracketed
and marked as Exhibit 2-1.
JUDGE:
Mark it.
Q: You mentioned that you were rendering service as an airforce pilot in the Philippine
Airforce back in 1969, is that correct?
A: Yes.
A: No.
A: Since 1975.
A: No.
Q: So what are the sources of income in your household with Mrs. Crisostomo?
Q: How much support do you provide for your family with Elisa Crisostomo?
A: Around P20,000.00 monthly. I also give her my Christmas bonuses and I also
shouldered Elisa's cataract operation, denture, and occasional vacation trips. I also paid for the
matriculation of our children.
A: July 2005.
A: Elisa Crisostomo instituted a bigamy case against me, which I considered an act of
ingratitude.
A: Yes.
ATTY. VALENZUELA:
JUDGE:
Cross?
PROS. TADEO:
JUDGE:
Proceed.
A: Yes.
Q: Do you have proof that you were on flight duty that time?
A: None.
Q: You also alleged that your signature in the marriage certificate was forged. Do you have
any proof to show that indeed your signature was forged in that marriage certificate?
PROS. TADEO:
JUDGE:
Re-direct?
ATTY. VALENZUELA:
Your Honor, we are now resting the case for the defense.
JUDGE:
JUDGE:
Proceed.
ATTY. VALENZUELA:
Exhibit 1 is the alleged Marriage Certificate between Kenneth Crisostomo and Elisa Crisostomo.
Purpose: To allow Kenneth Crisostomo to deny the authenticity of the signature appearing
above his name.
Exhibit 1-2 is the date of birth of Kenneth Crisostomo appearing in the Marriage Certificate.
Purpose: To allow Kenneth Crisostomo to point out that his birth date in the Marriage Certificate
is erroneous.
JUDGE:
PROS. TADEO:
As to Exhibit 1, 1-1, and 1-2, we admit their existence but not their purpose, Your Honor.
Acting on the formal offer of exhibits of the prosecutor and comments thereon by the
defense counsel, the Court resolves to admit all the exhibits offered by the defense counsel
specified in the offer.
JUDGE:
PROS. TADEO:
JUDGE:
Considering that the public prosecutor will not present rebuttal evidence, the court gives
the parties 30 days from today within which to file their respective memoranda. The case shall
be deemed submitted for decision after the lapse of the said period, even without the said
memorandum.
JUDGE:
We have now heard arguments from both sides in the case of People of the Philippines
vs Crisostomo I must now decide if the State has proven beyond a reasonable doubt that the
defendant is guilty of violation of Sec. 5(i) of RA 9262.
JUDGE:
(Gavel) Order.
PIN/SPOTLIGHT EVERYONE
(GAVEL bang…. )
COURT INTERPRETER:
JUDGE:
COURT INTERPRETER:
WHEREFORE, in view of the foregoing, the Court finds accused Kenneth Crisostomo GUILTY
beyond reasonable doubt [of] violating Section 5(i) of Republic Act No. 9262, otherwise known
as the Anti-Violence against Women and their Children Act, and is hereby sentenced to suffer
an indeterminate penalty of THREE (3) YEARS of prision correccional, as minimum, to EIGHT
(8) YEARS and ONE (1) DAY of prision mayor, as maximum.
JUDGE:
(Gavel)