Group Trial Court

Characters:

Jigs Kyle Sato ---------- Judge

Jesphyr Bajo ---------- Prosecutor

Charles Andrei Devino ----------- Defense

Jialeen Ayrah Bastillada ------------- Victim

Clarenz Vallar ------------- Accused

Ivan James Jadraque ------------- Witness # 2/Police Brigadier General

Kyzel Jean Montoya ----------- Witness # 1/Classmate

Nadia Ali ------------ Court Bailiff

Script
Nadia – All rise….. (All stand up) before we start our session, Honorable Jigs Kyle Sato
our presiding judge. Everyone is hereby enjoined to observe silence.

Jigs – Let us seek first for the guidance of God, and pray the Ecumenical Prayer for the
Courts, (all 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.

Jigs – Court is now in session, please be sited. (Pound, Prosecutor stands). We will face
with the entire case first.

Nadia – Jialeen Ayrah Brilliantes Bastillada vs. Clarenz Vallar, criminal case number 110
– 011 – 235 for violation of article 266 – B, chapter 3 of Republic Act No. 8353
otherwise known as the anti rape law of 1997 under the Title Eight of Act No. 3815
Revised Penal Code, this is for arraignment.

Jigs – Appearances please, Will the accused come here in front? (Accused move in front
with police). Have you taken any drugs, medicine or pills were had any alcoholic
beverages in past 48 hours?

Clarenz – No, Sir

Jigs – Your mind is clear today Mr. Vallar?

Clarenz – It is

Jigs - Do you understand what is going on her today?

Clarenz – I do

Jigs – Under the constitution and laws of the Republic of the Philippines, you have a right
to plead to the charges in the indictment do you understand that?

Clarenz – Yes, your honor.

Jigs – At the trial you would be presumed to be innocent and would not have proved that
you were innocent, do you understand that?

Clarenz – Yes, Sir.

Jigs – If you plead guilty and I accept your plea you will give up your right to appeal
along with all other rights they have been overrated, do you understand?

Clarenz – Yes, your honor.

Jigs – Understanding everything you’ve been told, do you now wish to enter a plea?

Clarenz – Yes, Sir.

Jigs – How do you plead to the charge?

Clarenz – Not guilty your honor (crowd groan)

Jigs – your plea has been well recorded you may now take your sit. Is the prosecution
ready?

Jesphyr – Yes your honor

Jigs – Is the defense ready?

Charles – Yes your honor

Jigs – We will now hear the opening statement of the prosecution.

Jesphyr – (Stand) Thank your honor, the prosecution will call on 2 witnesses to stand. We
will call PBGEN Jaraque, who was off duty at that time, and saw the accused running
from a house and Ms. Montoya, a friend of the victim who was in the spot where Ms.
Bastillada was taken away. We will admit that Ms. Montoya didn’t see the face of Mr.
Vallar at that time, while we will cross examine the CCTV footage of the crime scene
marked as evidence, also the forensic medical examination for the charge of Mr. Clarenz
Vallar for the violation against Republic Act no. 8353 on Ms. Jialeen Ayrah Brialiantes
Bastillada. The prosecution will prove that the accused is guilty beyond reasonable doubt.
The reasons we ask you honor – the verdict of guilty.

Jigs – Thank you prosecutor, (Jesphyr sits down) the defense would like to give an
opening statement and would like to differ against the prosecution, rise please.

Charles – (Stand) We like to say your honor in the case of Mr. Vallar he was being
accused of rape. Were the facts he didn’t saw Ms. Bastillida that night and he went back
home to Villarica around 7 : 15 P.M after his job, where the time being of the crime
happen and it is approximately 1.5km away from the scene. And the treat was inspired by
PBGEN Jadraque when he saw Ms. Jaileen Bastillada crying and in trauma,
coincidentally also saw Mr. Vallar running away topless. The reasons we ask your honor
is the verdict of not guilty.(sits down)

Jigs – Prosecution you may now call your first witness.

Jesphyr – (stand up) Yes, your honor I will call on Ms. Kyzel Jean Montoya. (Jesphyr sits
down; Kyzel goes in front together with Nadia with holy book)

Nadia – Can you please raise your right hand? Do you swear to tell the truth, the whole
truth and nothing but the truth, so help you God?

Kyzel – Yes. I do

Jigs – May you precede prosecutor. (Jesphyr Stands up and go in front)

Jesphyr – Ms. Montoya, Can you please introduce yourself.

Kyzel – I am Kyzel Jean Montoya friend of Ms. Bastillada I am also her accompany
when the she was taken away. And I am her to testify for the crime of the accused.

Jesphyr - Thank you miss witness, On December 24, around 6: 30 P.M where are you at
that time?

Kyzel – In that time I am at our school attending a celebration together with my friends,
also Ms. Bastillada accompany me. Later, Jialeen suddenly remember that she forgot her
cellular phone and ask me to go with her back to her apartment.

Jesphyr – What happened later when you go out from the campus?

Kyzel – When we go out there is no problem or any hindrance we meet. We ask

permission to the guard and he let us go. After that we walk for several minutes until we
stop in barbecue house near an intersection of Rizal St. and Quezon Avenue. Jialeen’s
apartment is on the Rizal St. However, I sense that there is someone following us, I
suddenly feel cold and my heart is rising… My instinct tells me that there is something
going wrong and that man there has a mysterious gaze….

Charles – (stands up) Objection your honor, calls for speculation (Jesphyr turns around
and face Charles)

Jigs - Objection Overruled (Charles sits down). Defense Ms. Montoya is describing what
she saw that night. Continue miss

Kyzel – Meanwhile, when we are near the house suddenly there is load bang in garbage
can we didn’t expect that because mostly all the persons living in the building are
students and they are at our school. I was frightened and was attacked by my Asthma I
feel down and immediately look in my purse to get the nebulizer, also Jialeen shouted in
surprise she quickly support me, yet a man suddenly pop out from the alley and cover
Jialeens mouth and drag her into the darkness.

Jesphyr – what is the direction in the alleyway going or where it can lead you out?
Kyzel – It leads towards a restaurant and nearby was several series of old houses.

Jesphyr - Is the man you saw tailing you similar to the man who attack Miss Batillada?

Kyzel – Yes, highly similar. He is at 5.6 or 5.8 in height and little skinny like a normal
teenager boys.

Jesphyr – What is/are your response(s) after your friend was kidnapped?

Kyzel – After I recovered I quickly ran into the land lady’s office and tell her about what
happened and she instantly calls the police.

Jesphyr – That’s all, your honor. (Go back and sit)

Jigs – Thank you counsel. The defense would like to cross?

Charles – Yes your honor. (Stand)

Jigs – You may proceed. (Defense goes in front)

Charles – Ms. Montoya how did you be certain that his height is 5.6?

Kyzel – I know be…..

Jesphyr – Objection (Jesphyr stand up, Charles face Jesphyr) your honor Argumentative
and assume facts not in evidence.

Jigs – Sustained (Jesphyr sits back). Defense, please rephrase your question.

Charles – Can you evaluate how come did you know his height?

Kyzel – When we stop in the barbecue house the man also stop in a pedestrian road sign.
I once read that road signs are 1.8288 meters in height and that man has nearly reached
the tip of the pole.

Charles – Miss, base on your statement earlier you conclude that the man tailing you is
similar to the man who kidnapped Miss Bastillada due to his height and you are sitting or
crouching when the incident happen due to your asthma attack how did you know it’s the
same man? We all knew that your vision sitting and standing may vary.

Jesphyr – (stands up) Objection. Calls for Speculation and Lacks Foundation. (Charles
face Jesphyr)

Jigs – Objection Overruled (Jesphyr sits back). Witness please answer.

Kyzel – I conclude it because he is standing near a No parking road Sign and he is

wearing the same clothes.

Charles – Despite the light in that area is dim, how did you notice the man is wearing the
same attire?

Kyzle – I am still young and my eyes are still clear Attorney, Moreover I have no visual
problems.
Charles – Did you know the man in the alley?

Kyzel – No

Charles – Certainly that man knew you because he found out that you have asthma and
create diversion from it. You expect this court to believe that you didn’t know the man?

Jesphyr – (Stands up) Objection, your Honor Argumentative

Jigs – Objection Sustained (Sits down), Attorney rephrase the question.

Charles – Do you have any connection with the man?

Kyzle – I haven’t and never after what he did to my friend.

Charles – Miss Witness in your statement recently you pinpoint the exit of the alley.
Have you been there before?

Kyzle – Yes. I often go to the restaurant but I didn’t take the alley because it is smelly
and dirty.

Charles – That would be all, your honor.

Jigs – Thank you counsel. The Prosecution would like to redirect?

Jesphyr – No your honor.

Jigs – Miss witness you can go back where you have sited.

Kyzle – Thank you your honor

Jigs – Does the prosecution have any more witness to present?

Jesphyr – (stands up) Yes, your honor the prosecution would like to call on PBGEN Ivan
James Jadraque. (Ivan goes in front also Nadia stand up and carry bible and Jesphyr sits
down)

Nadia – Can you please raise your right hand? Do you swear to tell the truth, the whole
truth and nothing but the truth, so help you God?

Ivan – Yes I swear

Jesphyr – (Stand up) May I precede your honor?

Jigs – Proceed (Jesphyr goes in front)

Jesphyr – Officer Jadraque, can you please introduce yourself.

Ivan – Good morning everyone I am PBGEN Ivan James Jadraque. I am witness to testify
for the crime of Mr .Vallar I’m at the area where the crime happen and the first to rescue
Ms. Bastillada.

Jesphyr – General, where are you at the evening of December 24?

Ivan – In that evening I was off duty and passing by from the Bagsakan Market to buy
some poultry products.
Jesphyr – How come officer you meet Ms. Bastillada after the incident?

Ivan – These is what happened, after I bought the goods I decide to go back home And I
was using the Pan – Philippine highway, unfortunately there was traffic and I use the
Rizal St. to anticipate it. While paving the way, I encounter a man topless running
suddenly across the road. I nearly got accident I shouted at the man in anger but he sprint
fast that he ignore any of my words. I first thought that he was just nervous and afraid.
Yet later I heard lady crying in the old apartment, I knock in the front door but no one
answers and the crying become intense. So I decided to enter and that is how I meet the
victim.

Jesphyr – Officer can you describe the victim and the room when you first saw it?

Ivan – The room is in order except the bed section and near the door. The things that
were placed in the top of the cabinet had fallen and the string that was used in hanging
was broken like someone grabs it….

Charles – (Charles stand up) Objection your honor, argumentative. (Jesphyr and Ivan face
Charles)

Jigs – Overruled. (Charles sits down) Carry on officer.

Ivan – In the bed section the pillow and the mattress is in mess and there is blood in it. I
saw Miss Bastillada at the floor crying hugging her knees. Her dress is partly torn and her
hair is disarranged and I can see bruises on her shoulder, neck and legs.

Jesphyr – After that officer what did you do?

Ivan – I gently ask her what happened but she wail in pain, so I instantly call medical
help and contacted my men to intercept a man running topless in black pants and carrying
a black shirt, I ordered to arrest all men in my description in 2 km radius. After few
minutes the ambulance arrived and put young miss to the stretcher.

Jesphyr – That’s all, your honor. (Sit back)

Jigs- Thank you counsel. The defense would like to cross examine the witness?

Charles – (stands up) Yes your honor. May I proceed?

Jigs – Proceed. (Charles goes in front)

Charles – Thank you your honor. General are you the first one to see the man after the
incident?

Ivan – Yes I am

Charles – After you saw the crime scene and the victim did you conclude that the man
from the house is the suspect?

Ivan – No. Attorney however I take the probability

Charles – And officer why you used Rizal St. as your alternative road where there are 2
streets nearby that will lead you to your home?
Ivan – It is the nearest and available road that I can use to avoid stacking up in the traffic.

Charles – so you say that the traffic is very heavy?

Ivan – Yes.

Charles – Base on your previous statement how did you be certain that the things were
atop the fallen came from the top of the cabinet.

Ivan – Because it is near to the cabinet where I saw it first. And the shape of the things
are geometric edgy so it can’t roll far.

Charles – How did you know the man is the one occupying the house is not anyone else,
only used it in duration of the crime?

Jesphyr – (Stands up) Objection your honor. Argumentative

Jigs – Objection overruled. (Sits down back) Please answer the question

Ivan – Sir. I am a police officer and I have many assets to know it.

Charles – Why did you order your men to apprehend all men in black clothes in 2 km
radius? Why use such extent?

Ivan – Attorney as a Servant of Justice it is one of my duties to bring justice and arrest
criminals. I have to use such extent to ensure the apprehension of the suspect.

Charles – In what way did you general distinguish Mr. Vallar from all the persons that
are apprehended?

Ivan – I recognize his face when I First saw him suddenly ran in the road.

Charles – Hmmm How about the other case of crime? It is rarely seen to use suck extent
to apprehend criminals. Maybe you want to use your power to cover up something.

Jesphyr – (Stands up) Objection. Argumentative

Jigs – Objection overruled (Sits down). General what can you say about that?

Ivan – With all due respect attorney, If It would be me who spot the crime in other cases I
will use such extent also to capture the suspect and bring justice to the one who needed it
these way our people can have their trust in the government unlike you accusing me and
you even fight for wrong you only care about the money? (feel disgusted).

Charles – How despicable, this is slander (angry and raise voice).

Jigs – Order in the court (thump 3 times). Counsel move on

Charles – That would be all, your honor

Jigs – Prosecution would like to redirect?

Jesphyr – No sir.
Jigs – You may go back to your seat now officer. Does the prosecution have any more
witness to present.

Jesphyr – Yes sir may I request your honor to cross examine the victim.

Jigs – Permission granted.

Jesphyr – (Stands up) May I call Miss Bastillada to please go in front. (Jialeen goes in
front together with nadia with a holy book)

Nadia – Can you please raise your right hand? Do you swear to tell the truth, the whole
truth and nothing but the truth, so help you God?

Jialeen – I do swear

Jigs – Miss Bastillada can you remember that he is the man violated the law on you?

Jialeen – (Pause and Stare Clarenz , suddenly Cry) Why did you not imprisoned him, I
suffered so much from him my future my, my dreams, my dignity it is all ruined. I wish
him dead, He should be dead. (sob)

Charles – Objection your honor. Non – responsive (Charles stands up)

Jigs – Sustained.

Jesphyr – (Stand Up) Your honor Miss Bastillada suffer from emotional distress since the
crime happened. The psychiatrist said that she suffered from severe trauma and
depression. (Jesphyr sit down)

Jigs – You may go back Miss Batillada. (Jialeen sits back) Prosecution do you have more
evidences or witness to present?

Jepshyr – Yes, your honor

Jigs – You may now proceed

Jesphyr – This is the copy of CCTV footage on the Lifestealer St. where the crime took
place. (Play until end) .In addition to the evidences we would like present the medical
forensic examination for this case (Put a medical certificate in the judges’s table.) and
that would be all your honor.( Goes back and sit)

Jigs – Defense would you like to cross?

Charles – No your honor. Prosecution does still have evidences and witness to present?

Jesphyr – That’s all, your honor

Jigs – No more arraignment left to present let us move on to the judgment. The court
bailiff will read the decision.

Nadia - The Provincial Court of Cotabato and as your preceding judge I hereby declare
that Mr. CLARENZ VALLAR – GUILTY (crowd applause except for the defense)
BEYOND RESONABLE DOUBT, RECLUSION PERPETUA AND EXCLUSION OF
PAROLE FOR VIOLATION OF ARTICLE 266 – B CHAPTER 3 OF REPUBLIC ACT
NO. 8353 OTHERWISE KNOIWN AS ANTI RAPE LAW OF 1997 UNDER THE
TITLE EIGHT OF ACT NO. 3815 REVISED PANEL CODE. THE CRIMINAL CASE
110 – 011 – 235 IS NOW CLOSED. Signed Judge Jigs Kyle Soto

Jigs - THIS SESSION IS NOW OVER. (pound once)