Ra 9262 Mock Trial Script

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The case involved a violation of the Anti-Violence Against Women and Their Children Act (RA 9262) by Kenneth Crisostomo against Elisa Crisostomo. Kenneth was accused of not providing monthly financial support to Elisa and their children.

The case was about Kenneth Crisostomo being accused of violating Section 5(i) of RA 9262 (Anti-Violence Against Women and Their Children Act) by not providing monthly financial support to his partner Elisa Crisostomo and their children.

Kenneth Crisostomo was found guilty beyond reasonable doubt of violating Section 5(i) of RA 9262 and was sentenced to an indeterminate penalty of 3 years of prision correccional as minimum to 8 years and 1 day of prision mayor as maximum.

RA 9262 MOCK TRIAL SCRIPT

(Spotlight : COURT INTERPRETER MR. JERU SAGAOINIT)

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

Jason Robinos -------------- as JUDGE

Jeru Sagaoinit --------------- as COURT INTERPRETER/ NARRATOR

Jessa Tadeo -------------------- as PROSECUTOR

Jeffrey Valenzuela ------------- as DEFENSE COUNSEL

Elisa Crisostomo----------------- as COMPLAINANT Elisa Crisostomo

Kenneth Vinluan ------------------ as ACCUSED Kenneth Crisostomo

Maryl Joy Villacorta -------------- as WITNESS 2 Maryl Joy Crisostomo-Villacorta

John Paul Versoza ----------------- as WITNESS 3 Dr. John Paul Versoza

Part I - Antecedent events (Information, TPO)


The antecedent facts of the case are as follows, Kenneth Crisostomo, herein accused, was
previously in a common-law relationship with Elisa Crisostomo. From their relationship bore four
children.
Sometime in early 2005, Kenneth Crisostomo married Marilou Osias Ramboanga and deprived
Elisa Crisostomo and their children of financial support.

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.

(Pin COURT INTERPRETER AND JUDGE)

Part II - Arraignment
COURT INTERPRETER:

All rise, the court is now in session the Honorable Judge Jason Robinos, presiding
judge.

JUDGE: (Gavel bang!)….

Let us pray the ecu me ni cal prayer of the court.

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.

JUDGE:

Call the cases.

(Pin PROSECUTOR AND DEFENSE)


COURT INTERPRETER:

For arraignment: Criminal Case No. 14344-D People of the Philippines v. Kenneth
Crisostomo for violation of Republic Act No. 9262.

COURT INTERPRETER:

Appearance for prosecution and the defense.

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.

(Unpin PROSECUTOR AND DEFENSE)

JUDGE:

Is the accused around?

COURT INTERPRETER:

Yes your honor. Please approach the bench.

(Pin ACCUSED Mr. KENNETH)

JUDGE:

Arraign the accused.


COURT INTERPRETER:

English or Filipino?

ACCUSED:

English sir.

COURT INTERPRETER:

Criminal Case No. 14344-D People of the Philippines v. Crisostomo

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:

Mr. Crisostomo, do you understand the crime charged against you?

ACCUSED:

Yes, your honor.

COURT INTERPRETER:

What is your plea?

ACCUSED:
Not guilty, your honor.

COURT INTERPRETER:

The accused pleaded not guilty, your honor.

(Unpin ACCUSED MR. KENNETH)

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:

Are you amenable with the schedule defense counsel?

ATTY. VALENZUELA:

Yes, your honor.

JUDGE:

Ok. Set the pre-trial of the case on October 26, 2008.

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.

(Pin COURT INTERPRETER and JUDGE and PROSECUTOR and DEFENSE)

Part III – Trial


COURT INTERPRETER:

Please rise. The court is now in session, the Honorable Judge presiding.

Judge: (Gavel bang!)………..

COURT INTERPRETER:

Case Number 1, People of the Philippines Vs. Kenneth Crisostomo

JUDGE:

Is the prosecution ready?


PROS. TADEO:

For the government, Your Honor. Ready.

JUDGE:

Is the defense ready?

ATTY. VALENZUELA:

Same appearance for the accused, Your Honor. Ready, Your Honor.

JUDGE:

Call your witness.

(Unpin DEFENSE ATTY., PIN ELISA WITNESS 1 /COMPLAINANT)

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.

Swear in the witness.

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.

Still under PIN PROSECUTOR TADEO and ELISA CRISOSTOMO

DIRECT EXAMINATION OF ELISA CRISOSTOMO BY THE


PROSECUTION
Q Are you the same Elisa Crisostomo, the private complainant in this case?

A Yes, ma’am.

Q Do you know Mr. Kenneth Crisostomo, the accused in this case?

A Yes, ma’am.

Q Why do you know him?

A He is my husband, ma’am.

Q When did you get married?


A May 15, 1969 as stated in our marriage certificate, 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.

A Yes, this document is our marriage certificate.

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.

Q How did you know that it is his signature?

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

We also pray that the signature be marked as our Exhibit A - 1.

Q How many children do you have with the accused, if any?

A 4 children were born out of our union, of whom only 3 are living, and who are all now of
legal age.

Q What are the names of your children?

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.

Q What is the occupation of your husband?

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.

Q How often does your husband come home?

A Once every two months, for two weeks at a time.

Q Is this because of his work?

A Yes, he is always on flight in long intervals.

Q When was the last time he went home?

A November 2004.

Q Has he not come home since then?

A Yes.
Q Did you look for him?

A Yes, but to no avail.

Q What else did you do?

A I also called him on his telephone number but he ignored my calls.

Q Ever since Mr. Crisostomo stopped going home and ignored your calls, were you able to
get any information about his whereabouts?

A Yes, ma’am, from his colleagues in PAL.

Q What have you found out about him?

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.

Q Is this the marriage certificate you are referring to?

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.

Q How did you know that it was his signature?

A The signature that appeared therein is his signature because I am familiar with it.

PROS. TADEO:

May we respectfully request the signature of Kenneth Crisostomo appearing on Exhibit


C be bracketed and marked as Exhibit C-1.

JUDGE:

Mark it.

Q After verifying that your husband entered into a second marriage, what did you do next?

A I filed a bigamy case against my husband.

Q When did you file the bigamy case?

A Around June 2005.

Q Do you have proof to show that you filed the complaint?

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: Is the bigamy case still pending?

A: Yes, Your Honor.

JUDGE: Proceed.
Q What happened after you filed the bigamy case?

A My husband stopped giving support.

Q What is your proof?

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?

A: Yes, your honor.

JUDGE: Proceed.

Q Are these the Statement of Accounts you are referring to?

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:

Yes, mark it.

Q How much is his regular salary?

A $2,500 per month maam.

Q Do you have proof that he was indeed giving you and your children financial support?

A Yes maam.
Q What is your proof?

A It is in the SOA referred to earlier maam.

PROS. TADEO:

It is respectfully requested that the amount of salary received by Mr. Crisostomo as


appearing in Exhibit D be bracketed and marked as Exhibit D-2.

JUDGE:

Mark it.

Q You said that he is supporting you and your children financially, by how much?

A Ten to twenty thousand pesos per month, ma’am.

Q What is your proof?

A The Statement of Accounts we referred to earlier maam.

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?

A I called him, ma’am.


Q What happened when you called him?

A He did not answer the phone.

Q Did you try to contact his colleagues at work regarding the whereabouts of your
husband?

A Yes, ma’am.

Q What did they say?

DEFENSE: Objection, Your Honor.

JUDGE: What is the ground for your objection?

DEFENSE: The question is immaterial.

JUDGE: Objection overruled.

Witness may answer.

A: They also did not answer my calls.

Q: How do you allocate your monthly support before Mr. Crisostomo stopped giving
support?

A We spent it para sa pagkain, sa kuryente, sa water bills, sa telepono, at sa maintenance


at regular check ups ko.

COURT INTERPRETER:

We spent it for food, electric bills, water bills, telephone bills, and for my maintenance
medicine and my regular check ups.

Q Why are you taking maintenance medicines and regular check-ups?

A I have diabetes according to my doctor.


Q What did your doctor prescribe?

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:

Mark the exhibits.

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.

Q Were you able to follow the prescription?

A Yes, when we were receiving monthly support.

Q And how about when the monthly support stopped?

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:

May we manifest that the witness is crying.

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

Q What did you do after that?

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:

No further questions, Your Honor.

JUDGE:

Cross-examination Atty. Valenzuela?

(Unpin PROSECUTOR and pin DEFENSE ATTY.)

ATTY. VALENZUELA:

Yes, Your Honor.

JUDGE:

Proceed.

PIN Atty. VALENZUELA, PIN Witness ELISA CRISOSTOMO


CROSS EXAMINATION OF ELISA CRISOSTOMO BY THE
DEFENSE
Q: Madam witness, you said in your testimony that Mr. Crisostomo rendered service in the
military as an airforce pilot, is that correct?

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: When were you married with Mr. Crisostomo, Madam witness?

A: According to our marriage certificate, we were married on May 15, 1969.

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?

A: Yes, he was on leave for two months.

Q: Do you have proof?

PROS. TADEO: Objection, Your Honor, thethat was not taken up during the direct
examination.

JUDGE: Overruled. The witness may answer.


A: I don’t have proof.

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.

Q: And that marriage, according to your knowledge, was in February 2005?

A: Yes.

Q: Then, later in June 2005, you filed a bigamy case against Mr. Crisostomo. Is that
correct?

A: Yes.

Q: And Mr. Crisostomo stopped giving support in July 2005?

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: Objection, Your Honor!

JUDGE: On what ground, Prosecutor?

PROS. TADEO: The question tends to embarrass and degrade the witness.
JUDGE: Sustained.

DEFENSE:

No further questions, Your Honor.

(Unpin ELISA, PIN MARYL JOY and PROSEC Tadeo)

DIRECT EXAMINATION OF MARYL JOY CRISOSTOMO-


VILLACORTA BY THE PROSECUTION
PROS. TADEO:

May we call on our second witness, Your Honor.

JUDGE:

Yes. Swear in the witness.

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 Maryl Joy Villacorta, 36 years old, married, a resident of Calasiao, Pangasinan, a


government employee.

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.

May we proceed, Your Honor?


JUDGE:

Proceed.

Q: Madam Witness, do you know one Kenneth Crisostomo?

MARYL JOY: Yes.

Q How do you know him?

A He is my father.

Q What is your proof as to that?

A Here is my birth certificate.

PROS. TADEO:

Witness showing a document previously marked as Exhibit B-1 for the prosecution.

Q How about Elisa Crisostomo, what is her relation to you?

A She is my mother.

Q As reflected in your birth certificate?

A Yes.

Q And being their daughter, you know what is happening in the family home of your mother
Elisa?

A Yes.

Q Was there any unusual incident that happened recently?


A Yes. My father stopped coming home. Later, my father stopped sending financial
support to my mother and my other sisters.

Q When was that?

A He stopped coming home in November 2004 and he stopped sending them financial
support in July 2005.

Q How did you come across this information?

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.

Q Was your salary sufficient to support her and your sisters?

A No. I am also spending for my own family in Calasiao, Pangasinan maam.

Q What happened as a result of the insufficiency of monthly sustenance?

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?

A My mother got very sick.

Q And during those times, did you try to contact your father?

A Yes. I went to my father at his company address and demanded an explanation.


Q And what did you learn?

A That he had married someone else, maam.

Q And what did you do upon hearing that?

A I confronted him and asked when was that, and who is that person, maam.

Q What did he tell you, if any?

A He said that the woman was named Marilou Ramboanga, and that she was a former
classmate of my father, maam.

Q How did you feel about that?

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:

That will be all Your Honor.

UNPIN PROSEC TADEO PIN ATTY. JEFF VALENZUELA

JUDGE:

Ready for cross?

ATTY. VALENZUELA:

Yes Your Honor.


JUDGE:

Proceed.

CROSS EXAMINATION OF MARYL JOY CRISOSTOMO-


VILLACORTA BY THE DEFENSE
Q Madam Witness, you said that you went to your father’s company address after things
got difficult in your family home?

A Yes, sir.

Q So you know his company address all this time?

A Yes, sir.

Q Did he change his company address since November 2004?

A No sir.

Q When did you become aware that Mr. Kenneth Crisostomo stopped going home in Ms.
Elisa Crisostomo’s house?

A Around December 2004 sir.

Q And did you visit Mr. Kenneth Crisostomo when you learned that he was no longer
coming home?

A No sir.

ATTY. VALENZUELA

That will be all Your Honor.

JUDGE:
Call your next witness.

(Unpin MARYL and pin DR. JOHN PAUL VERSOZA PIN PROSEC TADEO)

DIRECT EXAMINATION OF DR. JOHN PAUL VERSOZA BY


THE PROSECUTION
PROS. TADEO:

May we call on our third witness, Your Honor.

JUDGE:

Yes. Swear in the witness.

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.

Q Please tell your name, age and other personal circumstances.

A Dr. John Paul P. Verzosa, 41 years of age, married, Cardiologist-Endocrinologist and a


resident of Dagupan City.

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: University of Sto. Tomas, Manila

Q: When did you graduate?

A: 1980

Q: Are you a licensed Doctor?

A: Yes

Q: When did you pass the Physician Licensure Examination?

A: In 1981.

Q: Where are you presently connected?

A: Vinluan Medical Center, in Calasiao, Pangasinan, and in several other hospitals in


Region I.

Q: Since when have you been employed in that Hospital?

A: I have been employed since 1982

Q: What is your present designation?

A: I’m presently a resident Cardiologist-Endocrinologist.

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: Do you know Elisa Crisostomo?

A: Yes, she is my patient.

Q: Since when?

A: Since 2004 when she was first referred to me.

Q: What is her medical condition that requires your medical expertise?

A: Based on my diagnosis, she has type 2 Diabetes.

Q: Are you referring to this diagnosis in Exhibit E-10?

A: Yes.

Q: What is your basis for diagnosing Elisa Crisostomo with the said diseases?

A: My basis is the result of the laboratory tests I asked her to undergo.

Q: How are you treating her medical condition?

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.

Q: Are you referring to this prescription marked as Exhibit E-19?

A: Yes maam.

Q: What happened after you prescribed the medicine?


A: She took her medicine regularly, and she followed my medical advice. As a result, her
type 2 Diabetes became controlled and manageable.

Q: Did she regularly appear in her scheduled check-ups?

A: Yes, but she stopped around late 2005.

Q: Ever since she stopped, when did she come back for her check-up?

A: The earliest was in April 2006.

Q: Why did she seek medical consultation from you?

A: Because she urinated a lot, always thirsty, she always feels very tired and she always
has numb or tingling hands.

Q: What are your findings?

A: She developed hypertension and cardio-vascular disease, on top of her type 2 Diabetes.

Q: Are your findings reduced into writing?

A: Yes, I have them here.

COURT INTERPRETER:

The witness is handing documents denominated as medical findings of Elisa


Crisostomo.

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:

No more questions, your Honor.

UNPIN PROSEC TADEO and UNPIN WITNESS DR. VERSOZA

JUDGE:

Cross-exam Atty. Valenzuela?

ATTY. VALENZUELA:

No cross, Your Honor.

PIN PROSEC TADEO

FORMAL OFFER OF EVIDENCE BY THE PROSECUTION


PROS. TADEO:

Your Honor, we are now resting the case for the prosecution.

JUDGE:

How do you intend to submit your formal offer?

PROS. TADEO:

We can now orally offer our evidence, Your Honor.


JUDGE:

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.

Exhibit B are the Certificates of Live Birth of Elisa's daughters.

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

C-1 - signature of Kenneth Crisostomo

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.

Exhibit D is Statement of accounts of the joint account of Kenneth and Elisa.

D-1 - point where the deposits ceased

D-2 - the regular salary of Kenneth Crisostomo

D-3 - the amount of monthly support received by Elisa 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.

Exhibit F is Diagnosis by Dr. Versoza for the condition of Elisa Crisostomo.

Purpose: To prove that Elisa Crisostomo has developed hypertension and cardiovascular
disease.

PIN ATTY. JEFF VALENZUELA

JUDGE:

Any comment?

ATTY. VALENZUELA:

As to Exhibit A and its submarkings, we do not admit its existence and authenticity, Your Honor.

As to Exhibit B, C, D, E, and F, we admit their 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.

-------------------------------

(PIN KENNETH CRISOSTOMO and ATTY. VALENZUELA)

DIRECT EXAMINATION OF KENNETH CRISOSTOMO BY


DEFENSE
ATTY. VALENZUELA:

For the defense, we are ready to present our lone witness, Your Honor.
JUDGE:

Swear in the witness.

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.

Q Please tell your name, age and other personal circumstances.

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.

May we proceed, Your Honor?

JUDGE:

Proceed.

Q: Do you know the complainant?

A: Yes.

Q: How do you know her?

A: She was my common-law wife, of whom we have 4 kids.


JUDGE: (CLARIFICATORY QUESTION) Mr. WITNESS…… By common-law wife, do you
mean to say that you are not married but you are live-in partners?

A: Yes, Your Honor.

JUDGE: Proceed.

Q: How did you meet Elisa Crisostomo?

A: I met her when I went for a vacation at my aunt's house in Bicol where Elisa was a
housemaid.

Q: When did you start living together?

A: Around 1966.

Q: Do you recognize this marriage certificate?

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?

A: No, I did not attend that wedding.

Q: Please tell this Honorable Court, where were you on May 15, 1969.

A: I was rendering service as an airforce pilot in the Philippine Airforce.


Q: Is it possible that you attended a wedding that day?

A: No, because I was on flight during that day.

Q: Is it possible that you signed a marriage certificate that day?

A: No, for the same reason.

Q: Is it possible that you signed a marriage certificate with Elisa Crisostomo at any point
after?

A: No.

Q: How can you say so?

A: I had no intention of marrying Elisa Crisostomo.

Q: There is a signature above the printed name of Kenneth Crisostomo. Do you know
whose signature this is?

A: No.

Q: Is it not your signature?

A: No.

Q: Then what can you make of this signature?

A: It is forgery, as I could not have made such signature.

ATTY. VALENZUELA:

May we request that the signature above Kenneth Crisostomo’s name be bracketed and
marked as Exhibit 1-1.
JUDGE:

Yes, mark it.

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.

Q: Does the date August 3, 1948 appear in your birth certificate?

A: Yes.

Q: Is this your birth certificate?

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.

Q: Are you still rendering such service until now?

A: No.

Q: What is your present job?

A: I am a commercial pilot for PAL.

Q: Since when were you employed for PAL?

A: Since 1975.

Q: Was Elisa Crisostomo employed when you were living together?

A: No.

Q: So what are the sources of income in your household with Mrs. Crisostomo?

A: Only my salary sir.

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.

Q: Are you providing for support from then until now?

A: No, I am no longer providing support now.


Q: When did you stop providing for support?

A: July 2005.

Q: Why did you stop providing for support?

A: Elisa Crisostomo instituted a bigamy case against me, which I considered an act of
ingratitude.

Q: Such bigamy case, is it pending now?

A: Yes.

Q: In which court is the pending bigamy case against you filed?

A: In Paranaque City RTC Branch 10-FC.

ATTY. VALENZUELA:

No further questions, Your Honor.

UNPIN ATTY. VALENZUELA….PIN PROSEC TADEO

JUDGE:

Cross?

PROS. TADEO:

Yes, Your Honor.

JUDGE:

Proceed.

PIN MR. KENNETH)


CROSS EXAMINATION OF KENNETH VINLUAN CRISOSTOMO
BY THE PROSECUTION
PROSEC TADEO: You mentioned that you were on flight duty on May 15, 1969, is that right?

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?

A: None. But I certainly did not sign that marriage certificate.

PROS. TADEO:

No more questions, Your Honor.

UNPIN PROSEC TADEO PIN ATTY. JEFF VALENZUELA

JUDGE:

Re-direct?

ATTY. VALENZUELA:

No re-direct, Your Honor.

FORMAL OFFER OF EVIDENCE BY THE DEFENSE


ATTY. VALENZUELA:

Your Honor, we are now resting the case for the defense.

JUDGE:

How do you intend to submit your formal offer?


ATTY. VALENZUELA:

We can now offer our evidence, Your Honor.

JUDGE:

Proceed.

ATTY. VALENZUELA:

Exhibit 1 is the alleged Marriage Certificate between Kenneth Crisostomo and Elisa Crisostomo.

Exhibit 1-1 is the signature appearing above Kenneth Crisostomo’s name.

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.

Exhibit 2 is the Birth Certificate of Kenneth Crisostomo.

Exhibit 2-1 is his date of birth as appearing on the Birth Certificate.

Purpose: To show the correct date of birth of Kenneth Crisostomo.

PIN PROSEC TADEO

JUDGE:

Any comments, Prosecutor?

PROS. TADEO:

As to Exhibit 1, 1-1, and 1-2, we admit their existence but not their purpose, Your Honor.

As to Exhibit 2, we admit its existence, 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.

JUDGE:

Any rebuttal-evidence, Fiscal?

PROS. TADEO:

No rebuttal evidence, Your Honor.

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

Part IV – Promulgation of judgment


COURT INTERPRETER:
All rise, the court is now in session.

(GAVEL bang…. )

COURT INTERPRETER:

Will the accused please stand.

(Mr. Kenneth Crisostomo stand along with his lawyer)

JUDGE:

You may read the verdict.

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:

So ordered. Session adjourned.

(Gavel)

xxx END xxx

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