MURDER

People of the Philippines vs. Christian Galao

CHARACTERS:

Judge - Estrada, Crichel-Joy

Prosecution Counsel – Cabigon, Jennifer A
Prosecution Witness - Velarde, Joey
Complainant - Agbu, Jerome
Victim - Juan Dela Cruz
Defense Counsel - Cabbab, June Carlo
Defense Witness - Abad, Ronwel
Accused - Galao, Christian
Clerk of Couirt - Aragon, Sheryll Mae
Interpreter -Bandoy, Adel Rose
Stenographer/Bailiff – Montante, Rhyan Jefferson

ARRAIGNMENT

Clerk of court: all rise Lets Pray.

Almighty God, we stand in your holy presence as our Supreme Judge we humbly
beseech and inspire us so that what we think, say or do will be in accordance with your will.
Enlighten our minds, strengthen our spirits, and fill our heart with fraternal love, wisdom and
understanding, so that we can become affective channels of truth, peace and justice. In our
proceedings today, guide us in the path of righteousness, for the fulfillment of your greater glory.
Amen.
: Honorable Judge Crichel-Joy Estrada presiding.

Judge: thank you. Please be seated. Call the case.

Clerk of court: For arraignment, criminal case no.10101 People of the Philippines vs. Christian
Galao for the crime of Murder. Appearance for the prosecution and defense counsel.

Prosecutor: I am Atty. Jennifer Cabigon appearing as a prosecutor, your honor.

Defense: I am Atty. June Carlo Cabbab, respectfully appearing for the defense your honor.

Judge: is the accused present?

Clerk: yes your honor.

Judge: arraign the accused.

Interpreter: Please move forward Mr. Christian Galao

People of the Philippines vs. Christian Galao
Criminal Case No. 10101
Accused Christian Galao committed a crime of Murder under Article 248 of the
Revised Penal code, committed as follows:
That on or about September 28, 2019 at around 9; 00’o clock in the evening in Brgy.
Paypayad, Candon City, Ilocos Sur and within the jurisdiction of this Honorable Court, the said
accused, Christian Galao entered in the Velarde’s Food House armed with a bladed weapon with

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intent to kill, with treachery, and evident premeditation did then and there wilfully, unlawfully
and feloniously stab Juan Dela Cruz with a knife from behind. Contrary to law.

: Do you understand the crime against you?

Accused: yes ma’am.

Judge: what is your plea?

Accused: Not guilty, your honor.

Clerk: the accused pleaded not guilty your honor. Accused please be seated.

Judge: let it be in the record that the accused pleaded not guilty for the crime of murder.

Clerk: yes, your honor.

Prosecution: Your honor we would like to set the case for trial on October 05, 2019 at 1 pm.

Judge: are you amenable in the said schedule defense counsel?

Defense: Yes, your honor.

Judge: okay, the trial is set on October 05, 2019 at 1 pm. Hearing adjourned. SO ORDERED.

TRIAL PROPER

Clerk of court: all rise. Let’s pray.

Almighty God, we stand in your holy presence as our Supreme Judge we
humbly beseech and inspire us so that what we think, say or do will be in accordance with your
will. Enlighten our minds, strengthen our spirits, and fill our heart with fraternal love, wisdom
and understanding, so that we can become affective channels of truth, peace and justice. In our
proceedings today, guide us in the path of righteousness, for the fulfillment of your greater glory.
Amen.
: For the trial, RTC Branch 11 is now in session. Honorable Judge Crichel-Joy
Estrada is presiding.

Judge: Thank you. You may all be seated. Call the case.

Clerk of court: The court is now in session. We call on case no. 10101 People of the Philippines
vs. Christian Galao for Murder.

Judge: Is the prosecution ready?

Prosecutor: Yes, your honor.

Judge: Is the defense ready?

Defense: Yes, your honor.

Judge: Thank you counsel. For the prosecution, you may now call your witness.

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 DIRECT EXAMINATION

Prosecutor: The prosecution would like to call on Mr. Jerome Agbu to come to the witness
stand.

Clerk: Please raise your right hand. Do you swear to tell the truth, the whole truth and nothing
but the truth? So, help you God.

Witness: Yes. I do

Clerk: please introduce yourself and other personal circumstances.

Witness: I am Jerome Agbu, 25 years old, single and laborer.

Prosecutor: May I proceed your honor?

Judge: Proceed.

Prosecutor: On September 28, 2019 around 9:00 pm, where were you Mr. Witness?

Witness: We were having a drinking spree with the victim at Velarde’s Food House.

Prosecutor: With whom are you having a drinking spree that evening?

Witness: I was with the victim Juan Dela Cruz.

Prosecutor: Can you please state what happened on the night of September 28?

Witness: On that night while we were having a drinking spree with the victim, Mr. Christian
Galao suddenly entered in the food house. He immediately approach the victim and stabbed four
times of his knife on his back from behind. Not contented he mauled until the latter dropped in
the floor. Afterwards, he immediately leaved the place of incident.

Prosecutor: Can you describe to this Honorable Court the knife that you are talking about?

Witness: It is a kitchen knife and is about 10 inches long including the handle.

Prosecutor: I am showing you a knife, is this the instrument you are referring to which the
accused used in stabbing the victim?

Witness: Yes maam

Prosecution: May we pray your honor that this object evidence be marked as “Exhibit A” as
previously marked during the preliminary conference.

Judge: Mark it accordingly.

Prosecutor: Now, Mr. Agbu, if the accused inside the courtroom, will you please point at him?

Witness: It was him. He was the one who killed the victim.

Prosecutor: Witness is pointing to a man wearing a PDL uniform. Could the man rise and state
his name.

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Accused: I am Christian Galao your Honor.

Prosecutor: That’s all your honor.

Judge: Thank you counsel

CROSS-EXAMINATION

Judge: Is the defense would like to cross?

Defense: Yes, your Honor.

Judge: Proceed.

Defense: Thank you your honor. Mr. Witness, you said earlier that you were having a drinking
spree with the victim on the night of September 28, right?

Witness: Yes, sir.

Defense: So how could you positively identify that Mr. Galao was the one who stabbed and
mauled the victim if you were not in your normal state of mind because you were already drunk?

Witness: I was not yet drunk that night because we had only drink 250 ml of Red Horse yet so I
was still in my senses.

Defense: Okay. That’s all your honor.

Judge: Is the Prosecution would like to Re-direct?

Prosecutor: Yes, your Honor.

Judge: Proceed
RE-DIRECT EXAMINATION

Prosecutor: Mr. Witness, how were you able to ascertain that it was Mr. Galao
who stabbed and mauled the victim, given that you were drunk when the incident happened?

Witness: As I previously said ma’am, I was not yet drunk that time and I was still in my senses.

Prosecutor: And was there any distinguishing mark which would enable to you establish that it
was indeed the Mr. Galao who stabbed and mauled the victim?

Witness: Yes ma’am.

Prosecutor: And what is that?

Witness: He has a mole on his forehead

Prosecutor: Your Honor, may we ask this Honorable Court to make the accused stand.

Clerk: Will the accused please stand.

Prosecutor: Now Mr. Witness, do you see any mole in his forehead?

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Witness: Yes, ma’am.

Prosecutor: That’s all your honor.

Judge: Is the defense would like to re-cross?

Defense: No, your Honor.

Judge: The witness is now excused. You can now go back to your seat.

SECOND WITNESS FOR THE PROSECUTION

Judge: Is the prosecution have any more witness to present?

Prosecutor: Yes, your Honor. The prosecution would like to on Mr. Joey Velarde to the witness
stand.

Clerk: Please raise your right hand. Do you swear to tell the truth, the whole truth and nothing
but the truth? So help you God.

Witness: Yes I do.

Clerk: please introduce yourself and other personal circumstances.

Witness: I am Joey Velarde, 30 years old, married and owner of the Velarde’s Food House.

Prosecutor: Your Honor, the purpose of the testimony of the witness is to provide corroborating
evidence as the testimony of the first witness to show proof that the accused committed the crime
against the victim.

Judge: Proceed.
DIRECT EXAMINATION

Prosecutor: Mr. witness, where were you in the night of Septerber 28, 2019?

Witness: I was in my food house.

Prosecutor: What were you doing that night?

Witness: I was seating while texting.

Prosecutor: While seating and texting, is Mr. Galao who came in to your Food House?

Defense: Objection your Honor. The question is leading.

Judge: Sustained. Please rephrase the question.

Prosecutor: Can you please point out the man who came in to your food house.

Witness: It was him who came in to the food house.

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Prosecutor: Witness is pointing to a man wearing a PDL uniform. Could the man rise and state
his name?

Accused: I am Christian Galao you Honor.

Prosecutor: After he came in to your food house, what did he do?

Witness: He immediately approach the victim and stabbed four (4) times on his back from
behind. Afterwards, he mauled the victim until the latter dropped in the floor.

Prosecutor: Afterwards, what happened next?

Witness: He immediately leaved the place of incident.

Prosecutor: What did you do after he leaved?

Witness: I went immediately to the victim to check if he was still alive.

Prosecutor: Okay. That’s all your Honor.

Judge: Is the defense would like to cross?

Defense: Yes, your Honor.

Judge: Proceed.
CROSS EXAMINATION

Defense: Thank you, your Honor. Mr. Witness, you said earlier that you were seating while
texting in your cellphone, is that correct?

Witness: Yes sir.

Defense: Is it near where you seated from the table of the victim?

Witness: Yes sir.

Defense: Did you also drink any kind of liquor that night?

Witness: No sir.

Defense: That’s all you Honor.

Judge: Thank you counsel. Is the prosecution would like to re-direct?

Prosecutor: No, your Honor.

Judge: The witness in now excuse. You can now go back to your seat.

Prosecutor: Your Honor, we are through with the presentation of all our witnesses. Therefore,
we respectfully rest our case.

Judge: Granted.

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 FIRST WITNESS FOR THE DEFENSE
Judge: We will now proceed to the presentation of the witnesses for the defense. Call your
witness counsel.

Defense: Your Honor, for our first witness, we would like to call to the witness stand, the
accused Christian Galao.

Clerk: Please raise your right hand. Do you swear to tell the truth, the whole truth and nothing
but the truth? So, help you God.

Accused: Yes, I do.

Clerk: please introduce yourself and other personal circumstances.

Accused: I am Christian Galao, 29 years old, married, tricycle driver,

Defense: May I proceed your honor?

Judge: Proceed.
DIRECT EXAMINATION

Defense: What is your occupation Mr. Galao?

Accused: Tricycle driver sir.

Defense: How long have you been a tricycle driver?

Accused: For about 5 years sir.

Defense: Do you live alone?

Accused: No, I lived with my wife and child.

Defense: Okay, Mr. Witness, where were you in the night of September 28, 2019?

Accused: I was at home with my wife and my child.

Defense: Aside from your wife and child, was there anybody else with you?

Accused: None, sir.

Defense: How old is your child?

Accused: 3 years old sir.

Defense: What were you doing with your wife?

Accused: We were watching T.V sir.

Defense: What did you do afterwards?

Accused: Around 8;30 pm, we went to our bedroom to sleep sir.

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Defense: So, Mr. Witness, what you are saying is, on the night of September 28, 2019, after
working hard as a tricycle driver, you went home, to rest, ate dinner, had some time with your
wife and child, then went to sleep, am I correct?

Accused: Yes, sir.

Defense: Okay. Now, do you know the victim?

Accused: Yes sir, he is also a member of our TODA (Tricycle Operator and Driver Association)

Defense: Okay. How about the complainant, do you know him?

Accused: Not personally sir.

Defense: So, Mr. Witness, why do you think the complainant is accusing you of this crime?

Prosecution: Objection your Honor. The question is speculative.

Judge: Sustained.

Defense: I will rephrase the question your Honor. Do you know of any possible reason why the
complainant is accusing of Murder, Mr. Witness?

Accused: None sir.

Defense: That’s all your Honor.

Judge: Thank you counsel. Is the prosecution would like to cross?

Prosecutor: Yes, your Honor. May I proceed?

Judge: Proceed.

Prosecutor: Thank you your Honor.

CROSS-EXAMINATION

Prosecutor: Mr. Witness, do you know the victim?

Accused: Yes, ma’am.

Prosecutor: Do you know him personally?

Accused: Yes ma’am. He is my friend.

Prosecutor: Okay. Mr. Witness is it true you knew that your wife and the victim was having an
affair that is why you killed the victim?

Accused: No, ma’am. They were not having an affair.

Prosecutor: Okay. You said earlier that on the evening of September 28, 2019, you were at
home with your wife and child. Is that correct?

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Accused: Yes ma’am.

Prosecutor: Mr. Witness, can you tell us how far your home to the place of incident is?

Accused: More or less 400 meters ma’am.

Prosecutor: Okay. Is the distance far?

Accused: No, ma’am.

Prosecutor: Is that normal routine for you to watch T.V with your wife?

Accused: Yes ma’am.

Prosecutor: After watching T.V, do you went outside?

Accused: No, your Honor.

Prosecutor: Afterwards what did you do?

Accused: We went to our bedroom with my wife and child to sleep.

Prosecutor: Okay. That’s all your Honor.

Judge: Thank you counsel. Is the defense would like to re-direct?

Defense: No, your Honor.

Judge: The witness is now excused. You can now go back to your seat.

SECOND WITNES FOR THE DEFENSE

Judge: Is the defense have any more witnesses to present?

Defense: Yes, your Honor.

Judge: Call your witness counsel.

Defense: The defense would like to call on Mrs. Rowela Abad Galao to the witness stand.

Clerk: Please raise your right hand. Do you swear to tell the truth, the whole truth and nothing
but the truth? So, help you God.

Witness: Yes, I do.

Clerk: please introduce yourself and other personal circumstances.

Witness: I am Rowela Abad Galao, 27 years old, married and a resident of Brgy. San Nicolas,
Candon City, Ilocos Sur.

Defense: Your Honor, the purpose of the testimony of the witness is to provide corroborating
evidence to the testimony of the accused to prove that the accused did not committed the crime
of Murder to the victim.

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Judge: Proceed.
DIRECT EXAMINATION

Defense: Mrs. witness, where were you on the night of September 28, 2019?

Witness: I was in our house with my husband and child.

Defense: That night around 8;30 pm what were you doing?

Witness: We were watching T.V sir.

Defense: After watching T.V, you went to sleep. So the whole night you were with your husband
right?

Prosecutor: Objection you Honor. The statement and question are leading.

Judge: Sustained.

Defense: After you watched T.V, what did you do afterwards?

Witness: We went to sleep sir.

Defense: That’s all your Honor.

Judge: Is the prosecution would like to cross?

Prosecutor: Yes your Honor, may I proceed?

Judge: Proceed.

Prosecutor: Thank you, your Honor.

CROSS-EXAMINATION

Prosecutor: Mrs. Witness, do you know the victim?

Witness: Yes, ma’am

Prosecutor: Do you know him personally?

Witness: Yes, your ma’am, because he is the friend of my husband and sometimes he went in
our house to drink with my husband.

Prosecutor: Did you ever talked with the victim every time he went to your house to drink?

Witness: Yes, ma’am.

Prosecutor: So, Mrs. Witness, did you have an affair with the victim in which your husband
knew it that was why he killed the victim?

Witness: None ma’am, I never had an affair with the victim.

Prosecutor: Okay. That’s all your Honor.

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Judge: Thank you counsel. Is the defense would like to re-direct?

Defense: No, your Honor.

Judge: Mr. Witness, you may now go back to your seat.

Prosecutor: I would like to make now our formal offer of evidnce.

Judge: Granted. You may now offer your evidence.

Prosecutor: Exhibit A- the kitchen knife used in the commission of the offense.
Exhibit B1- the CCTV footage that Christian Galao entered in Velarde’s Food
House
Exhibit B2- when Mr. Galao came out from the said establishment
Exhibit C- the recovered slipper at the crime scene.
Exhibit D- the autopsy report of the victim, it shows that the victim sustained 4 stab
Wounds

Judge: any objection from the defense?

Defense: None you honor.

Judge: We call the witnesses and their testimonies to send before this court. They shall be
submitted for a resolution. Defense, when do you prefer to schedule the Promulgation of final
judgment of this case?

Defense: Your Honor, we would like to schedule the case for final judgment on December 04,
2019 at 4pm.

Judge: Are you amenable of the said schedule prosecutor?

Prosecutor: Yes, Your Honor.

Judge: Okay. The promulgation of final judgment of this case is set on December 04, 2019 at
4pm. Hearing adjourned. SO, ORDERED.

PROMULGATION OF FINAL JUDGMENT

Clerk: all rise. RTC Branch 11 is now in session. Honorable Judge Crichel-Joy Estrada is
presiding.
Judge: thank you. You may all be seated.
Clerk: For promulgation of final Judgment, criminal case no. 10101 People of the Philippines
vs. Galao of the crime of Murder punishable under Article 248 of the Revised Penal Code. To
sustain conviction based on corroborative evidence, it is essential that the corroborative evidence
presented must supplements to that already given tending to strengthen or confirm which leads
on to a fair reasonable conclusion pointing to the accused., to the exclusion of the others, as
guilty person. The corroborative evidence must exclude the possibility that some other person
has committed the crime. This court finds that the defense failed to defend the presented
evidence to acquit the accused of the offense charge. We find that pieces of evidence presented
before trial was enough to provide sufficient combination as to produce a conviction beyond
reasonable doubt.
Judge: I find Mr. Christian Galao GUILTY of Murder. SO OREDERED

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