SCRIPT – HOMICIDE

Clerk of Court/Interpreter Oneza Judge Tesorero

Prosecution Counsel Andal Defense Counsel So

Prosecution Witness: Rebutala Defense Witness: Juan Lomibao

Nena Buendia (store Canlas (accused)
owner)

ENTRANCE

Clerk of court
All rise.

The court is now in session, silence is hereby enjoined, Hon. Zainne

Tesorero, Presiding.

Almighty God, we stand in your presence as our supreme judge, we

humbly beset 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, justice and peace. In our
proceedings today, guide us in the path of righteousness for the fulfillment
of Your greater glory.

Judge
(Stamp gavel) Sit

Call the case.

Clerk of court
Crim. Case No. 1459876

People of the Philippines vs. Juan Canlas

For the crime of Homicide

Judge
Appearances?

Prosecution Counsel For the prosecution your honor, representing the People of the
Philippines, I am Atty. Andal.

Defense Counsel For the defense your honor, I am Atty. So.

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 ARRAIGNMENT

Judge
Is the accused in court?

Clerk of court
Yes, your honor

Judge
Arraign the accused.

Clerk of court
Juan Canlas, the information charges you of the crime of Homicide
committed as follows:

“That on or about the 10th day of October 2021, at Taft Avenue, Corner
Menlo, Pasay City, the accused, Juan Canlas, with intent to kill, did then
and there, willfully, unlawfully, and feloniously attack, assault, and employ
personal violence upon the person of Pedra Isip, by stabbing the latter
with a knife on the right portion of her torso, inflicting upon her a mortal
wound which was the direct and immediate cause of her untimely death.”

What is your plea?

Accused Not guilty, your honor.

Clerk of court The accused pleaded not guilty, your honor.

Judge Alright, enter a plea of not guilty

**In case we’ll cut here:

PROSECUTION: Your Honor, we would like to set the case for trial on December 11, 2022 at 3pm.
JUDGE: Defense Counsel, are you amenable to the said schedule?
DEFENSE: Yes, Your Honor.
JUDGE: The trial is set on December 11, 2022 at 3pm. This session is adjourned.

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 PRE-TRIAL

(Plea Bargaining)

Judge
Are the parties willing to agree to enter into a plea-bargaining?

Prosecution Counsel
The prosecution does not desire to enter into a plea bargaining, your
honor.

Defense Counsel
The defense likewise refuses to enter into a plea bargaining, your honor.

PRE-TRIAL

(Marking of Exhibits)

Judge
Alright, mark your exhibits.

Prosecution Counsel
Your Honor, we present the following documentary evidence and mark as
the prosecution’s exhibits:

1. Exhibit “A” – Medico Legal Autopsy Report from the Regional

Crime Laboratory Office
2. Exhibit “B” – Certificate of Death of the deceased victim, Pedra
Isip
3. Exhibit “C” – Police Investigation Report dated October 10, 2021.
4. Exhibit “D” – Judicial Affidavit of Nena Buendia, the store owner
where the crime happened, to narrate the incidents attendant to
the killing of the victim.

Judge
Comment or objection?

Defense Counsel
None, your honor.

Judge Mark the documents as evidence of the prosecution. We now proceed to

the marking of exhibits for the defense. Counsel?

Defense counsel
Your Honor, we present the following documentary evidence and mark as
the defense’s exhibits:

1. Exhibit “1” – Medico Legal Report No. 1122334 from the Eastern
Visayas Regional Medical Center

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 2. Exhibit “2” – Judicial Affidavit of Juan Canlas to prove that
allegations of the private complainant are made to impute a false
crime against the accused; and to prove other matters relevant to
the case

Judge
Mark the documents as evidence of the defense.

PRE-TRIAL

(Admission/Stipulation of Facts)

Judge
Let’s proceed with the stipulation of facts. Any admission for the
prosecution?

Prosecution Counsel Your honor, the prosecution requests for the admission by the defense of
the following documentary exhibits pre-marked.

First, the Medico Legal Autopsy Report and the truth of the finds and facts
therein stated to dispense with the necessity of presenting expert
testimony on the matter.

The said report is pre-marked as Exhibit A and is now being shown to the
accused and furnished to the court.

Defense Counsel
The defense admits your honor.

Prosecution Counsel
Second, the prosecution requests for the admission by the defense of the
Certificate of Death of the deceased in this case, Pedra Isip.

The said certificate is pre-marked as Exhibit B and is now being shown to

the accused and furnished to the court.

Defense Counsel The defense admits your honor.

Prosecution Counsel
Next, your honor, the prosecution requests for the admission by the
defense of the Police Investigation Report dated October 10, 2021, which
was pre-marked as Exhibit C, to dispense with the testimony of the police.

The said report is now being shown to the accused and furnished to the
court.

Defense Counsel
We admit only to the existence of the exhibits, your honor, but not as to
the entries and the truth of the facts stated therein.

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Judge
What does the prosecution say?

Prosecution Counsel
We submit, your honor.

Your honor, we also request for the admission by the defense of the
jurisdiction of this Honorable Court to hear and try this case.

Defense Counsel
We admit, your honor.

Prosecution Counsel
No further request for admission, your honor. Thank you.

Defense Counsel
Your honor, the defense requests the admission by the prosecution of the
Medico Legal Report No. 1122334 from the Eastern Visayas Regional
Medical Center, pre-marked earlier as Exhibit 1 to dispense with the
necessity of presenting expert testimony on the matter.

The said report is now being shown to the prosecution and furnished to
the court.

Prosecution Counsel The prosecution admits your honor.

Defense Counsel
No further requests for admission your honor.

PRE-TRIAL

(Identification of Issues)

Judge
Okay. Stipulation as to issues? For the prosecution.

Prosecution Counsel
Your honor we would like to present the following issue:
Whether or not the accused is guilty of the crime of homicide for
intentionally, feloniously, and violently stabbing the deceased Pedra Isip
on October 10, 2021.

Judge
How about the defense?

Defense Counsel
We adopt the same issue your honor.

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Judge
All right. Trial dates?

Interpreter
December 4, Your Honor.

Judge
Available, counsel?

Prosecution counsel
Available, Your Honor.

Judge
Okay. Set the trial date for the Prosecution on December 4.

For the defense?

Interpreter
December 11, Your Honor.

Judge
Available, counsel?

Defense counsel
Available, Your Honor.

Judge
Okay. Set the trial date for the defense on December 11.

ORDER

Parties are notified in open court of the trial dates. No postponements

shall be allowed unless for meritorious grounds. Set this case for trial on
December 4, 2022. (today)

SO ORDERED.

Page 6 of 21
 TRIAL

(Prosecution’s Presentation of Evidence - Direct)

Clerk of Court All rise. Let us remain standing and join in praying for prayer

PRAYER: Almighty God, we stand in your presence as our supreme

judge, we humbly beset 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,
justice and peace in our proceedings today, guide us in the path of
righteousness for the fulfillment of Your greater glory.

WITNESS, the Hon. Zainne Tesorero, Presiding. Silence is hereby

enjoined.

Judge (Stamp gavel) Sit

Call the case.

Clerk of Court Crim. Case No. 1459876

People of the Philippines vs. Juan Canlas

For the crime of Homicide for the presentation of evidence for the
prosecution.

Judge Appearances?

Prosecution counsel Entering my appearance for the State, your Honor. We are ready to
present our witness, Nena Buendia.

Defense Counsel Entering my appearance as counsel for the accused, your Honor.

Judge Okay, prosecution please present your witness.

Prosecution counsel May we call on Nena Buendia to the witness stand, your Honor.

Judge Swear the witness.

Clerk of Court Raise your right hand. Do you swear to tell the truth, the whole truth

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 and nothing but the truth?

P. Witness I do.

Clerk of Court Please state your name and other personal circumstances.

P. Witness I am Nena Buendia, of legal age, Filipino, single with business and
postal address at Taft Avenue, Corner Menlo, Pasay City.

Clerk of Court The witness is now ready, your Honor.

Judge Offer of testimony?

Prosecution counsel The testimony of the witness if offered to prove the allegations in the
information.

Judge Proceed.

Prosecution counsel Good day Ms. Buendia.

P. Witness Good day, sir.

Prosecution counsel Do you remember having executed a judicial affidavit in relation to

this case?

P. Witness Yes, attorney.

Prosecution counsel Will you be able to identify it if it is shown to you?

P. Witness Yes, attorney.

Prosecution counsel (Show affidavit) Kindly go over this document. On page ___, there’s
a signature here, can you tell me whose signature this is.

P. Witness (Goes over the document) That’s my signature.

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Prosecution counsel Ms. Buendia, please refer to page ___ of your judicial affidavit, the
one where you said that you know Mr. Juan Canlas. How is he
related to the Mr. Juan Canlas who is the accused in this case?

P. Witness He is one and the same person.

Prosecution counsel If you see Juan Canlas will you be able to identify him?

P. Witness Yes, attorney.

Prosecution counsel Kindly look around this court and tell us if you see him.

P. Witness Yes, attorney. He is the one wearing __________.

Prosecution counsel May we request the Court Interpreter to ask the name of the person
identified by the witness.

Interpreter Person wearing __________, please stand and tell us your name.

Accused (stands) I’m Juan Canlas

Prosecution counsel Ms. Buendia, you said in your affidavit, particularly page ___, that
Mr. Canlas always visits your store to buy alcoholic drinks. That
occurs weekly, sometimes even twice or thrice in just a single week.
Is that correct?

P. Witness Yes, attorney.

Prosecution counsel During the day the incident occurred, you said she was drinking red
horse beer. Is this correct?

P. Witness Yes, attorney.

Prosecution counsel I see. During the times he doesn’t visit your shop, have you seen him
around the vicinity?

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Defense counsel Objection, your honor, the question is leading.

P. Witness I have seen Mr. Juan Canlas a couple of times passing by my shop.
He was always drunk.

Defense counsel Objection, your honor. I move to strike the answer of the witness for
being unresponsive to the question.

Prosecution counsel On the day of October 10, around 5 PM, you said you were in your
sari-sari store. Can you tell us what happened at that time?

P. Witness At that time, Mr. Canlas was at my store, having finished around 6 or
7 bottles, he was already very drunk.

Prosecution counsel Okay Ms. Buendia let’s move to my next point. You have said in your
judicial affidavit that on October 10, 2021 at 5 PM you saw Mr.
Canlas stab Ms. Isip. Can you specify what you saw?

P. Witness Ms. Isip was angry that Mr. Canlas was harassing her younger sister.
They fought so I called the police.

Prosecution counsel What did you see next, if any?

P. Witness The next thing I saw was Ms. Isip already profusely bleeding on the
ground and Mr. Canlas was holding a bloody knife pointed at the
body of the accused.

Prosecution counsel Did you see who stabbed Ms. Isip?

Defense counsel Objection, your honor. The question is misleading.

P. Witness Yes. It was the accused since I saw him holding a bloody knife which
was pointed at the bleeding body of the deceased.

Prosecution counsel That would be all your honor. No further questions. Witness is now
ready for cross.

Page 10 of 21
 TRIAL

(Prosecution’s Presentation of Evidence - Cross)

Defense counsel Ms. Buendia, you mentioned that you know the victim in this case.
Can you describe the body built of the victim and how tall was she.

P. Witness She has a slim body type. She is around 5’1”.

Defense counsel You mentioned that the accused Mr. Canlas was one of your loyal
customers, do you happen to know how tall is he? Is he taller or
shorter than the victim? How about his body built?

P. Witness Mr. Canlas has a fit body type. He is by my estimation, around 5’5”.
He is a bit taller than Ms. Isip.

Defense counsel As one of your loyal customers, how long have you known the
accused?

P. Witness About 3-4 years

Defense counsel During this period of time that you have known the accused, do you
happen to recall any other reported incident involving the accused?

P. Witness None, attorney.

Defense counsel How about between the accused and the victim, do you happen to
know If there was any reported incident involving the two prior to the
incident subject of this case?

P. Witness None, attorney.

Defense counsel And during the time that he has been your loyal customer, was there
any instance that he caused you any trouble?

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P. Witness None, attorney.

Defense counsel By the way, Ms. Witness, do you happen to know where the accused
lives?

P. Witness He lives near my store.

Defense counsel How far is your store to the place where the accused lives?

P. Witness Maybe a few houses away.

Defense counsel Do you happen to know what position if any the accused holds in
your barangay?

Prosecution counsel Objection you honor. The question is irrelevant.

Defense counsel Your honor, this is relevant to establish the character of the accused
as a responsible public servant.

P. Witness As far as I know, he is not involved in politics.

Defense counsel You also stated that you have been running a sari-sari store, may I
know what your operating hours are?

P. Witness We’re open from 6 AM to 8 PM.

Defense counsel During the entire time that the store is open, who mans it?

P. Witness I man it most of the time. While my mother mans it from time to time
when I have other things to do.

Defense counsel Since you man the store most of the time, you must have met a lot of
customers. Do you recall what each and every customer of yours buy
in your store?

P. Witness I can recall most of the things they buy, especially if they buy the

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 same things often.

Defense counsel Ms. Witness, you also mentioned that the accused and his friends
would drink at least once or even twice or thrice a week. Where do
they usually drink?

P. Witness In front of my store since I have some tables and chairs for my
customers.

Defense counsel On October 10, 2021 at 5 PM, who were the people you saw in your
store?

P. Witness From where I was sitting, I only saw Mr. Canlas and Ms. Isip.

Defense counsel Prior to the incident, did you notice anything unusual about the
accused who was drinking alone at your sari-sari store?

P. Witness None, attorney.

Defense counsel By the way, you mentioned earlier that the accused was drinking Red
Horse, can you recall what size it was?

P. Witness The small bottle, attorney.

Defense counsel You testified earlier that you saw the victim bleeding profusely on the
ground while the accused was holding a bloody knife, is that correct?

P. Witness Yes, attorney.

Defense counsel So is it correct to say that you were not able to see the accused
stabbing the victim?

P. Witness Yes, attorney.

Defense counsel That is all your honor.

TRIAL

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 (Offer of Evidence by the Prosecution)

Judge Any more witnesses for the prosecution counsel?

Prosecution Counsel Your Honor, I have no more witnesses to present. I would like to
make now our formal offer of evidence.

Judge Granted.

Judge You may now formally offer your evidence now.

Prosecution counsel Thank you, Your Honor.

Your Honor, I respectfully offer our evidence as follows:

Exhibit “A” – Medico Legal Autopsy Report from the Regional Crime
Laboratory Office

Exhibit “B” – Certificate of Death of the deceased victim, Pedra Isip

Exhibit “C” – Police Investigation Report dated October 10, 2021.

Exhibit “D” – Judicial Affidavit of Nena Buendia, the store owner

where the crime happened.

With all the foregoing documentary exhibits in addition to the oral

testimony of Ms. Nena Buendia, the prosecution hereby respectfully
rests their case.

Respectfully submitted.

Judge Any objection from the defense?

Defense Counsel No objection, Your Honor.

Judge ORDER

The Prosecution counsel manifested that it has no more witnesses to

present. The prosecution counsel offered the Exhibits A to D. Such
exhibits are admitted as prosecution’s evidence considering that
these exhibits are not disqualified under the rules of evidence.

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 SO ORDERED.

TRIAL

(Defense’s Presentation of Evidence - Direct)

Defense counsel May we call on Juani Canlas to the stand, your honor.

Judge Alright, swear the witness.

Clerk of Court Please raise your right hand. Do you swear to tell the truth, the whole
truth and nothing but the truth?

D. Witness (Accused) I do.

Clerk of Court Please state your name and other personal circumstances.

D. Witness (Accused) I am Juan Canlas, 25 years of age, Filipino, single, residing at Taft
Avenue, Corner Menlo, Pasay City and a former Sales Executive at
Toyota Pasay.

Defense counsel Your honor, we are offering the testimony of the witness to disprove
the allegation in the information and clear the accused of the crime
charged against him.

Judge Proceed.

Defense counsel Good day Ms. Canlas.

D. Witness (Accused) Good day, sir.

Defense counsel Do you remember having executed a judicial affidavit in relation to

this case?

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D. Witness (Accused) Yes, attorney.

Defense counsel Will you be able to identify it if it is shown to you?

D. Witness (Accused) Yes, attorney.

Defense counsel (Show affidavit) Kindly go over this document. On page ___, there’s
a signature here, can you tell me whose signature this is.

D. Witness (Accused) (Goes over the document) That’s my signature, atty.

Defense counsel Alright. It is stated here in your affidavit that you personally know the
victim and his sister. Is it correct? Can you describe them.

D. Witness (Accused) Yes, attorney. The victim is thin, dark skinned and shorter than me.
The sister on the other hand, was slim, beautiful, fair skinned and the
same height as the victim.

Defense counsel How do you know them?

D. Witness (Accused) We live in the same barangay. Also, the victim is known in the
barangay as a trouble-maker.

Defense counsel Why do you say he is known as a trouble-maker?

D. Witness (Accused) I was an SK Chairman in the barangay a few months back and I
personally know that there were complaints against her in the
barangay.

Defense counsel Have you had personal encounters with the victim before the incident
on October 10, 2021?

D. Witness (Accused) No, Attorney.

Defense counsel Alright. Where were you in the afternoon of October 10, 2021?

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D. Witness (Accused) I was at Aling Nena’s sari-sari store.

Defense counsel What were you doing there?

D. Witness (Accused) I was drinking outside the store.

Defense counsel How often do you drink?

D. Witness (Accused) Only occasionally and when I’m invited by friends.

Defense counsel At that time, did you have any company?

D. Witness (Accused) None, Attorney.

Defense counsel Why were you drinking alone then?

D. Witness (Accused) I just learned that day that my girlfriend of 6 years broke up with me,
Attorney.

Defense counsel Could you recall how many bottles you had at that time?

D. Witness (Accused) No, Attorney. I did not count.

Defense counsel What happened next while you were drinking outside?

D. Witness (Accused) I saw someone in the store whom I mistook as my girlfriend. I lightly
held her arm and asked her why she broke up with me and was
begging her to come back and start a family with our baby who was
on the way.

Defense counsel How did she react? What happened after?

D. Witness (Accused) She screamed. After that, I heard a loud voice. I did not pay attention
since I thought the person was just mocking me.

Defense counsel Then what happened next, if any?

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D. Witness (Accused) The person whom I though was mocking me, punched me on the
face, making me fall to the ground. I got taken a back, got up, and
pinned the person on the ground as defense.

Defense counsel Then what happened next, if any?

D. Witness (Accused) I was trying to stop her from punching me again when she suddenly
drew a knife from her front pocket. Panicked, I then grappled with her
to get the knife which led to her accidental stabbing.

Defense counsel After the victim was stabbed, what happened, if any?

D. Witness (Accused) The woman who I thought was my girlfriend pushed me away. That’s
when I realized that she was not my girlfriend and the person I
accidentally stabbed was her older sister, Pedra. Scared, I ran away
and surrendered myself to the police.

Defense counsel You used the word, accidentally. What do you mean by this?

D. Witness (Accused) It means that I had no intention to stab the victim, much more cause
her death.

Defense counsel Alright. No further questions your honor.

D. Witness (Accused) Does the prosecution wish to cross exam?

Prosecution counsel With your permission, your honor.

Judge Proceed.

TRIAL

(Defense’s Presentation of Evidence - Cross)

Prosecution counsel Mr. Canlas, you mentioned in your direct examination that you did

Page 18 of 21
 not recognize the victim’s sister at the store on the date of the
incident. Is that correct?

D. Witness (Accused) Yes, attorney.

Prosecution counsel Why did you not recognize her when you said you know her
personally?

D. Witness (Accused) I was intoxicated that time, attorney. She has the same physical
attributes as my girlfriend.

Prosecution counsel I see. Help me with this Mr. Canlas. If you were intoxicated as you
said, why were you able to get up on your feet immediately after
being punched on the face by the victim?

D. Witness (Accused) I’m not sure. Getting up was just my initial reaction.

Defense counsel Alright. You mentioned that you pinned the victim to the ground to
stop her from further retaliating. Is it correct?

D. Witness (Accused) Yes.

Defense counsel You also mentioned that the victim is shorter and smaller than you, is
it correct?

D. Witness (Accused) Yes, attorney.

Defense counsel If the victim was shorter and smaller than you, do you think she could
have overpowered you when you have already pinned her to the
ground?

D. Witness (Accused) I’m not sure if she can or cannot overpower me since she was able to
draw a knife at the time.

Defense counsel Okay. Were there other incidents that you’ve mistaken a person for
someone else that long?

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D. Witness (Accused) None, attorney.

Defense counsel Alright. You stated earlier that you ran after the victim was stabbed.
Why did you run?

D. Witness (Accused) I was afraid that someone might come after me since people were
slowly coming in.

Defense counsel You said it was an accident, why were you afraid?

D. Witness (Accused) I was afraid that someone might come after me since people were
slowly coming in.

Defense counsel How about the knife, do you know where it is?

D. Witness (Accused) I’m not sure, attorney. I was dropped it while I was running away.

Defense counsel Alright. No further questions, your honor.

TRIAL

(Offer of Evidence by the Prosecution)

Judge Any more witnesses for the prosecution counsel?

Defense Counsel Your Honor, I have no more witnesses to present. I would like to
make now our formal offer of evidence.

Judge Granted.

Judge You may now formally offer your evidence now.

Defense counsel Thank you, Your Honor.

Your Honor, I respectfully offer our evidence as follows:

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 Exhibit “1” – Medico Legal Report No. 1122334 from the Eastern
Visayas Regional Medical Center

Exhibit “2” – Judicial Affidavit of Juan Canlas to prove that allegations

of the private complainant are made to impute a false crime against
the accused.

With all the foregoing documentary exhibits in addition to the oral

testimony of Mr. Juan Canlas, the defense hereby respectfully rests
their case.

Respectfully submitted.

Judge Any objection from the defense?

Defense Counsel No objection, Your Honor.

Judge ORDER

The defense counsel manifested that it has no more witnesses to

present. The defense counsel offered the Exhibits 1 to 2. Such
exhibits are admitted as defense’s evidence considering that these
exhibits are not disqualified under the rules of evidence.

SO ORDERED.

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