MOCK TRIAL

For: HOMICIDE

CHARACTERS
Witnesses
A. For Prosecution
1. Store owner – Mark Chan (Jay Jasper)
2. Sister of the deceased – Andrea Bernardo (Duchess)
B. For Defense
1. Accused – Reynaldo Suarez (Matt)
2. Neighbor – Mariz Elero (Indira)
Prosecution
● Prosecutor – Mel
Defense
● Counsel – Doc
Interpreter/Clerk of Court
● Anne Sherly Odevilas

ENTRANCE
Clerk of Court: All rise. The Court is now in session. Silence is hereby enjoined. Branch
___, Regional Trial Court of Tacloban City, the Honorable Judge Purita F.
Gobenciong, presiding.
(All should stand)
Prayer
Almighty God, we stand in your Holy Presence as our Supreme Judge. We
humbly beseech You. Bless and inspire us so that what we think, say, and so will
be in accordance with your will. Enlighten our minds, strengthen our spirit, and
fill our hearts with eternal love, wisdom, and understanding so that we can be
effective channels of truth, justice, and peace. In our proceedings today guide us
in the path of righteousness of Your greater glory. Amen.
Judge: (stamp gavel) Please be seated. Call the case.
COC: Criminal Case No. 145987. People of the Philippines versus Reynaldo Suarez for
Homicide.
Judge: Appearances.
Prosecution: For the prosecution your honor, representing the People of the Philippines, I am
Atty. ________________.
Defense: For the defense your honor. I am Atty. __________________.

ARRAIGNMENT
Judge: Is the accused in court?
COC: Yes your honor. (Defense please let the accused stand)
J: Alright, arraign the accused. (Accused comes near the COC, beside the defense
panel. Defense lawyer stand beside the accused during arraignment)
COC: You are the accused in Criminal Case No. 145987 entitled People of the
Philippines versus Reynaldo Suarez, and the Information charges you of the
crime of Homicide committed as follows:

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 “That on or about the 16th day of October 2020, in M.H. del Pilar St., Downtown,
Tacloban City, Philippines, the above name accused [Reynaldo Suarez], with
intent to kill, did then and there, wilfully, unlawfully, and feloniously attack,
assault, and employ personal violence upon the person of one Andrei Bernardo,
by then and there stabbing him with a knife on the right portion of his torso,
thereby inflicting upon him a serious and mortal wound which was the direct and
immediate cause of his untimely death, to the damage and prejudice of the heirs
of the victim.
Contrary to law.”
What is your plea?
Accused: Not guilty, your honor.
COC: The accused enters a plea of not guilty, your honor.
J: Alright, enter a plea of not guilty

PRE-TRIAL
Plea Baragaining
J: Are the parties willing to agree to enter into a plea-bargaining?
P: Your honor please the prosecution does not desire to enter into plea bargaining.
D: Your honor please the defense does not also desire to enter into plea bargaining.

Marking of Exhibits
J: Alright mark your exhibits.
P: With the permission of this honorable court. Your honor please, the prosecution will
present the following documentary evidence and mark as the prosecution's exhibits.
EXH. A. MEDICO LEGAL AUTOPSY REPORT from the Regional Crime Laboratory Office 8
EXH. A-1. The signature of Dr. Alice Cordero on the Medico Legal Autopsy Report
EXH. A-2 The cause of death indicated in the Medico Legal Autopsy Report
EXH. B. CERTIFICATE OF DEATH of deceased victim Andrei Bernardo.
EXH. C. POLICE INVESTIGATION REPORT dated October 23, 2020.
The prosecution, your honor, reserves its right to introduce submarkings to the pre-
marked exhibits and present other documentary evidence during the course of the trial,
subject to the further direction and limitations that this Honorable Court may impose.
J: Alright. How about the defense? Mark your exhibits.
D: With the permission of the Honorable Court. Your honor please, the defense will
present the following evidence and request that these be marked as follows:
EXH. 1. MEDICO LEGAL REPORT No. 67289 from the Eastern Visayas Regional Medical Center
EXH. 1-a. The signature of Dr. Ray Leon C. Pajota Jr. on the Medico Legal Report.

The defense, your honor, reserves its right to introduce submarkings to the pre-marked
exhibits and present other documentary evidence during the course of the trial, subject
to the further direction and limitations that this Honorable Court may impose.

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Admission/Stipulation of Facts
J: Any admission?
(Prosecution)
P: Your honor please, the prosecution requests for the admission by the defense of the
following documentary exhibits earlier pre-marked.
First, 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
Medico Legal Report is pre-marked as Exh. A for the prosecution and we are now
showing the accused and furnishing the court.
D: The defense admits your honor.
P: Second, your honor please, we would like to request for the admission by the defense of
the CERTIFICATE OF DEATH of the deceased in this case, ANREI BERNARDO. The said
certificate is pre-marked as Exh. B for the prosecution and we are now showing the
accused and furnishing the court.
D: The defense admits your honor.
P: Next, your honor please, we would like to request for the admission by the defense of
the POLICE INVESTIGATION REPORT dated October 23, 2020 pre-marked as Exh. C, to
dispense with the testimony of the police. We are also furnishing the defense and the
court of a copy.
D: 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.
J: What does the prosecution say?
P: 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.
D: We admit, your honor.
P: No further request for admission, your honor. Thank you, your honor.
(Defense)
D: Your honor please, the defense requests for the admission by the defense of the
following documentary exhibits earlier pre-marked. The Medico Legal Report of
Reynaldo Suarez and the truth of the findings and facts therein stated to dispense with
the necessity of presenting expert testimony on the matter. The said report is pre-
marked as Exh. A for the defense and the signature of the examining doctor as Exh. A-1
and we are showing the prosecution and the court a copy of it.
P: The prosecution admits your honor.
D: No further requests for admission your honor.

Identification of Issues
J: So what are the issues to be resolved?
P: Your honor, the prosecution submits the following issue to be resolved:
Whether the accused committed the offense charged in the Information

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J: How about the defense?
D: We adopt the same issue your honor.

Number of Witnesses
P: The prosecution will present 2 witnesses, your honor. First is Andrea Bernardo, the
sister of the deceased victim, who will testify on the incident attendant to the killing.
Second is Mark Chan, the owner of the store where the incident happened who will also
testify on the circumstances attendant to the killing.
The prosecution reserves its right to present other witnesses in the course of the trial,
your honor.
J: Alright, how about the defense, how many witnesses?
D: The defense will present 2 witnesses, your honor. First is the accused Reynaldo Suarez
who will testify to disprove the allegations in the information. And second is Mariz Elero,
a resident of M.H. Del Pilar St., who also witnessed the incident.
J: Alright, are the parties willing to consider the pre-trial terminated?
P/D: Yes, your honor.
J: Subject to the issuance of the Pre-trial Order, the pre-trial of this case is hereby
terminated.

PROSECUTION’S PRESENTATION OF EVIDENCE

Direct Examination – Andrea Bernardo

P: May we call on Andrea Bernardo, Your Honor.
J: Alright, swear in the witness.
COC: Please raise your right hand. Do you swear to tell the truth, the whole truth, and
nothing but the truth in the testimony you are about to give?
Andrea: Yes, I do.
COC: Please state your name, age, address and other personal circumstances.
A: I am Andrea Bernardo, 25 years old, single, residing at Tacloban City. I work as a
nurse at the Liceo del Verbo Divino Hospital.
P: Your honor, we are offering the testimony of the witness to prove that on
October 16, 2020, the accused, Reynaldo Suarez stabbed Andrei Bernardo which
caused his death and to prove such other matters relevant to this case.
J: Proceed.
P: May it please the Court. Good day, Miss Bernardo.
A: Good day ma’am.
P: I will show a document to the witness consisting of 7 pages. Can you please tell
what this document is?
A: This is my judicial affidavit. I remember having narrated to Atty. Alan Abrigo the
contents of this affidavit.

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P: Do you recognize the signature affixed herein over and above the printed name
of Andrea Bernardo?
A: It is my signature.
P: Alright. It is stated here in your affidavit that you personally know the victim.
How do you know him?
A: He’s my twin brother, attorney.
P: How about the accused in this case? Do you know him?
A: Yes, attorney. I know Reynaldo Suarez. Although, we never had any personal
interaction until the incident.
P: How do you happen to know him?
A: I frequently see him drinking alcoholic beverages in the same sari-sari store
where the event happened.
P: Is the same Reynaldo Suarez in this courtroom now?
A: Yes he is. He is the one wearing yellow.
P: Your honor, may I request that the witness be allowed to point to the person of
Reynaldo Suarez.
J: Okay granted.
(Andrea points to Reynaldo)
P: May we request the Court Interpreter to ask the name of the person identified
by the witness.
CI: Person wearing _______ please stand and tell us your name.
(Reynaldo stands up and states his name)
P: Alright. Madam Witness, where were you at about 3 o’clock in the afternoon of
October 16, 2020?
A: I was at our Aunt Dely’s residence. We celebrated her intimate “family-only”
birthday party. I was also with my twin brother, Andrei Bernardo.
P: What were you doing at around 5PM of the same date?
A: I was walking with my brother on our way home from Aunt Dely’s birthday party.
P: You stated in your judicial affidavit that you stopped by Mr. Chan’s sari-sari store
on the way home, is that correct?
A: Yes attorney. Our mother called Andrei and ordered us to buy something to eat
for breakfast the next day.
P: When you were at the sari-sari store, what happened, if any?
A: While I was telling Mr. Chan what I want to buy, I heard Andrei talking to his
girlfriend Freya on the phone. He was standing under the caimito tree in front of
the sari-sari store.
P: Who were at the sari-sari store at that time?
A: Mr. Chan, the owner of the store. Reynaldo, the accused. And myself.
P: What did you buy at the store?
( D: Objection, your honor, the question is irrelevant)

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P: Your honor I just want to show that the witness clearly recalls the day of the
incident.
A: A loaf of bread, a can of sardines and 3n1 coffee sachets.
P: What happened after your purchase at the store, if any?
A: Actually, I wasn’t able to complete my transaction with Mr. Chan. I was standing
outside the store, waiting, while Mr. Chan was gathering my orders at the back
of his store, when all of a sudden, Reynaldo grabbed my left arm and called me
Angela.
P: What happened next, if any?
A: His breath reeked of alcohol, his eyes were red and swollen, and told me,
“Angela, baby, papanagutan ko ikaw. Diri ko kamo papasagdan. Ayaw pagsugara
tat anak, please.” I removed my arm from his grip and told him calmly that I am
not Angela. I was trying my best to prevent any scene or argument since it was
obvious that he was intoxicated with alcohol.
P: What did Reynaldo do after you removed his grip on your arm, if any?
A: Reynaldo grabbed my right hand again and said, “Keano mo ako bubulagan yana
nga burod kana lugod? May iba ka nga lalake, ano?”. This time his tone became
louder and authoritative.
P: What did you do next, if any?
A: I was becoming more concerned of the circumstances and tried to forcefully
remove my arm from his grip.
P: Then what happened, if any?
A: I shrieked in pain because he tightened his grip on my arm. That was when I saw
my brother crossing the road, running towards us, and shouted “Ayaw
pagsusugara tak manghud!”
P: It is stated here in page 4 of your affidavit that your brother tried to detach
Reynaldo’s grip from your arm. What did the accused Reynaldo do or say then, if
any?
A: He tried to push my brother with his other hand, the one not gripping my arm.
He told him, “Ayaw hin samok, away mag-uyab ini namon!” Then Andrei
punched Reynaldo’s face, that’s the time Reynaldo released his grip and fall to
the ground.
P: Then, what happened, if any?
A: We did not notice that Reynaldo was able to get up quickly. He grabbed my
brother from behind and pinned him on the ground.
P: What did you do if any when this happened?
A: I screamed for help from the nearby neighbors. I saw that Reynaldo was holding
and pointing a knife at my brother’s chest while Andrei was lying on the ground.
P: Did you see what happened next, if any?
D: Objection your Honor, the question is leading
A: Yes, attorney.
P: What did you see? (don’t ask this if sustained)

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A: Both of them were fighting and struggling on the ground and everything was
going so fast. The next thing I saw were the two of them covered in blood, my
brother motionless in a supine position, and Reynaldo, sitting on top my brother,
frozen, but still holding the knife in his hands.
P: What did you do after, if any?
A: I ran towards the both of them, I pushed Reynaldo as hard as I could away from
my brother. I immediately examined my brother’s carotid pulse and breathing
and checked his body for fatal wounds. It dawned upon me, that my brother was
already lifeless.
P: You said, you pushed Reynaldo, what did he do if any after you pushed him?
A: I do not know, attorney. I did not notice anymore as I was already crying because
of my brother.
P: When you realized that your brother was already lifeless, what did you do next if
any?
A: I cried and shouted for help while I searched for his mobile phone in his pockets.
I immediately called the ambulance for help and called the police afterward. The
police officers informed me that a team was already on their way to respond. In
a couple minutes, a patrol car and ambulance came and took me and my brother
to the hospital.
P: Alright. No further questions, your honor.
J: Does the Defense wish to cross?
D: With your permission, your honor.
J: Proceed.

Cross Examination – Andrea Bernardo

D: As his twin sister, do you happen to know how tall was your brother? How about
his body built?
A: Yes, attorney. We have the same height. We are both standing 5’1”. He has small
build with only a weight of more or less 55 kgs.
D: You mentioned that you know the accused, How long have you known him?
A: I don’t know Mr. Suarez personally, Attorney. Before the incident, I only see him
when I pass by Mr. Chan’s store on my way to the hospital where I work.
D: Madam witness, answer only the question being asked
D: How tall do you think is he?
A: As I have observed, he’s definitely taller than us for about more or less 5 to 6
inches
D: Can you describe his body build to the court?
A: He’s even larger in build.
D: How about the accused, do you think the accused know who you are?
A: I am not sure if Mr. Suarez knows me.
D: By the way do you happen to know if he has held any elected position in your
barangay?

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P: Objection, your honor. The question is irrelevant.
D: Your Honor, please this is relevant to establish the character of the accused as a
responsible public servant prior to the incident in question.
A: I am sorry but I am not aware that Mr. Suarez held any elected position in our
barangay.
D: You also mentioned that you frequently see the accused drinking with his
friends. During these instances that you saw them, the accused and his friends
never bothered you right?
A: Yes, attorney. They Never bothered me
D: In fact, even if you went home late at night from your shift, there was never an
instance in the past that the accused in any of his drinking sprees have done
something malicious to you or to anybody in the neighborhood right?
A: Yes attorney
D: You said it was already 5 pm in the evening? Was it already dark?
A: It was not yet dark, but it was not bright either.
D: Were there vehicles passing along the street?
P: Objection, your honor. The question is irrelevant.
D: Your Honor the question is relevant to elicit the fact whether there were
obstructions that would block the view of the victim so as to what was
happening prior to the incident in question
A: That time, only private vehicles were passing along that street.
D: You mentioned in your Judicial Affidavit that you and your brother came from
your Aunt Dely’s birthday party. Is that correct?
A: Yes, attorney.
D: What time did you arrive at the party?
A: At about 3pm, attorney.
D: During the entire time that you were at the party with your brother, of course you
chatted with other guests around right?
A: Yes attorney.
D: Is it correct to say that your brother also mingled with the other guests?
A: Yes attorney.
D: Since it was your Aunt Dely’s party, is it safe to say that alcoholic beverages were
served at her party right?
A: Yes, attorney.
D: And since you were chatting with the other guests you cannot possibly witness
whether your brother had some drinks at the party right?
A: I did not see him drink because he was playing with our younger cousins.
D: You earlier mentioned that your brother also mingled with other guests during
the party but now you are trying to impress upon this Court that the entire time
you were at the party, all your brother did was play with your younger cousins?
A: No, I just said that I did not see him drink as he was playing with our cousins.

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D: But would you agree with me that during the entire time you were at your Aunt
Dely’s party, your attention was not focused on what your brother was doing at
the party, right?
A: No attorney. We, together with our cousins were in the living room during the
party.
D: In your statement you likewise mentioned that the accused was at the store of
Mr. Chan, what was he doing there?
A: He was drinking.
D: Knowing that he has been drinking, is it correct to say that you did not feel
threatened by the presence of the accused, otherwise neither you nor your
brother would have allowed you to go to the store knowing that there was a
drunk man there?
A: Yes, I did not feel threatened by his presence at first.
D: When you first saw the accused at the store he did not appear to you as
someone who would cause some trouble right?
P: Objection, your honor. The question calls for speculation.
A: I cannot say for certain, attorney.
D: You mentioned in your judicial affidavit that the accused called you Angela is
that correct?
A: Yes, attorney.
D: And because he mistook you as Angela, you came to a conclusion that the
accused was already intoxicated , is that correct?
A: No it was because when I arrived at the store, his breath reeked of alcohol
already.
D: Would you agree with me that when you arrived at the store and noticed that
the breath of the accused reeked of alcohol, the accused did not appear to you
as someone who would cause some trouble that is why you still continued your
plan to buy something at Mr. Chan’s store, is that correct?
A: No, attorney. I just needed to buy something and my brother was with me
anyway.
D: You also mentioned that while you were buying something at the sari-sari store
of Mr. Chan that your brother was at the caimito tree in front of the sari -sari
store. Can you tell this court how far was the store from where your brother was
at that time?
A: He was 5 meters away in my estimate, attorney.
D: Where was the caimito tree from which your brother was standing located? Was
it across the street?
A: Yes, it was across the street.
D: Were there vehicles passing along the street that time?
A: None at that moment.
D: If your brother was standing at the caimito tree talking to his girlfriend Freya
looking at the other side, how could he witness the incident?

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A: I think he turned his attention to me when heard me when I shrieked in pain
because of how the accused tightened his grip on my hand.
D: Did you sustain any injury from the accused?
A: There was no physical wound but I felt pain in the area where he gripped me,
attorney.
D: Did you undergo a medico legal exam?
A: No attorney.
D: Is it not a fact that it was your brother who punched the accused first which led
him to fall to the ground?
A: Yes, it was Andrei who punched Mr. Suarez.
D: You also stated that you did not notice that the accused was able to stand up
quickly and that he grabbed your brother from behind and pinned him to the
ground. Is this correct?
A: Yes, attorney.
D: Can you demonstrate to the court how the accused grabbed your brother from
behind?
A: Yes, attorney. Mr. Suarez attacked my brother from behind while Andrei was
facing me and checking my arms and hands. He hooked his right arm on my
brother’s throat which easily took him down and the accused pinned him on the
ground subsequently.
D: What did you do when you saw your brother pinned to the ground?
A: I screamed and ran for help from the nearby neighbors because I saw that
Reynaldo was holding and pointing a small knife at my brother’s chest while
Andrei was lying on the floor.
D: When this untoward incident happened, were you shocked?
A: Yes, attorney.
D: How far or near were you to the accused and your brother during the time that
he was pinned to the ground?
A: 1-2 meters away, attorney.
D: In your statement you alleged that you screamed and ran for help when you saw
the accused holding and pointing a small knife at your brother. Which hand of
the accused was holding the knife?
A: I cannot recall, attorney.
D: Since you ran for help, is it not a fact that you did not actually see the exact
moment the stabbing incident took place?
A: I did not witness the exact moment of the stabbing incident, attorney.
D: Since you did not actually see the exact moment of the stabbing incident, Is it
correct to say that although you saw the accused holding a small knife, you did
not see where the knife came from?
A: Yes, I did not actually see where the knife came from.
D: So you cannot categorically say that the accused owned the knife?
A: Yes, attorney.

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D: And since you did not actually see where the knife came from, is there a
possibility that the knife could actually come from your brother?
P: Objection your honor. The question calls for speculation.
D: Your Honor please if there is a possibility that the knife came from his brother.
A: I don’t know, attorney.
D: Ms. Witness, is it not a fact that prior to this incident, your brother and the
accused have no previous encounter nor were they involved in any altercation
against each other?
A: Yes, attorney.
D: and since they have no previous encounter nor altercation, the accused has no
motive to deliberately harm the victim, right?
A: I cannot say for certain attorney. Mr. Suarez definitely seemed determined to
tackle and harm my brother who was defending me from him during the
incident.
D: Ms. Witness, answer only the question being asked.
D: Since you mentioned that there was no previous encounter nor altercation
between your brother and the accused, would you agree with me that there was
no known or reported grudges between them? Is that correct?
A: I cannot say for certain, attorney
D: No further questions, your honor.

Direct Examination – Mark Chan

Judge: The witness may now step down the witness stand. Is the second witness for the
prosecution available?
P: Yes, your honor. May we call on Mark Chan, your honor.
J: Swear in the witness.
COC: Please raise your right hand. Do you swear to tell the truth, the whole truth and
nothing but the truth?
Mark: I do.
COC: Please state your name, age, address, and other personal circumstances.
M: I am MARK CHAN, 30 years old, Filipino, single, resident of Tacloban City, and a
businessman.
CI: The witness is now ready.
J: Offer of testimony?
P: The testimony of the witness is offered to prove the allegations in the
information and to corroborate the testimony of the earlier witness, Andrea
Bernardo.
J: Proceed.
P: May it please the Court. Good day, Mr. Witness.
M: Good day, ma’am.
P: Do you remember having executed a judicial affidavit in relation to this case?

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M: Yes, attorney.
P: If that judicial affidavit will be shown to you will you be able to identify it?
M: Yes, attorney.
P: (Hands over the judicial affidavit) Kindly go over this. Please tell this Honorable
Court, how is this related to the judicial affidavit you said you executed?
M: (Going over the document) This is the one I executed.
P: Why do you say this is the one you executed?
M: I remember having narrated to Atty. Alan Abrigo the circumstances as stated in
the affidavit. Besides, I have my name and signature on page 5 of this judicial
affidavit.
P: Mr. Chan, please refer to number 7 of your judicial affidavit – the one saying that
you said you know Mr. Reynaldo Suarez. How is this Reynaldo Suarez related to
the Reynaldo Suarez who is the accused in this case?
M: He is one and the same person.
P: If you see Reynaldo Suarez will you be able to identify him?
M: Yes, attorney.
P: Kindly look around this court if you can see him right now.
M: Yes, attorney. He is the one wearing __________.
P: May we request the Court Interpreter to ask the name of the person identified
by the witness.
CI: Person wearing ______________ please stand and tell us your name.
(Reynaldo Suarez stands up and state name.)
P: Mr. Chan, you said in your affidavit, particularly number 7, that Mr. Suarez
always visits your store to buy alcoholic drinks. That occurs weekly, sometimes
even twice or thrice in just a single week. Is that correct?
M: Yes, attorney.
P: During the day the incident occurred, you said he was drinking red horse beer. Is
that correct?
M: Yes, attorney, he always drinks red horse beer.
P: I see. During the times when he does not visit your shop, have you seen him
around the vicinity?
D: Objection, your honor, the question is leading.
M: I have seen Mr. Suarez a couple times pass by my shop while being drunk.
D: Objection your honor. I move to strike the testimony of the witness answer for
being unresponsive to the question
P: On the day of October 16, around 5 PM, you said you were in your sari-sari store.
What happened on that night?
M: On that night, Mr. Suarez was at my store, having finished around 6 or 7 bottles,
he was already very drunk.

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P: Ok Mr. Chan, let’s move to my next point. You have said in your judicial affidavit
that on that day, at around 5PM, you saw Mr. Suarez stab Mr. Bernardo. Can you
specify what did you see?
M: Mr. Bernardo was angry that Mr. Suarez was harassing his younger sister. They
fought so I called the police.
P: What did you see next, if any?
M: The next thing I saw was Mr. Bernardo was already profusely bleeding on the
ground and Mr. Suarez was holding a bloody knife pointed to the body of the
accused.
P: Did you see who stabbed Mr. Bernardo?
D: Objection, your honor., the question is misleading)
M: Based on what I saw, the bloody knife and a bleeding victim, I am certain that it
was Mr. Suarez who stabbed Mr. Bernardo.
P: That would be all your Honor. No further questions. Witness is now ready for
cross.

Cross Examination – Mark Chan

D: Mr. Chan, you mentioned that you know the victim in this case. Can you describe
the body built of the victim and how tall was he?
M: He has a slim body type. He is around 5 ‘1”.
D: You mentioned that the accused Reynaldo Suarez 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?
M: Mr. Suarez has a fit body type. He is, by my estimation, around 5’5”. He is a bit
taller than Mr. Bernardo.
D: As one of your loyal customers, how long have you known the accused?
M: About 3-4 years.
D: During this period of time that you have known the accused, do you happen to
recall any other reported incident involving the accused?
M: None, attorney.
D: 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?
M: None, attorney.
D: And during the time that he has been your loyal customer, was there any instance
that he caused you any trouble?
M: None, attorney.
D: By the way Mr. Witness, do you happen to know where the accused lives?
M: He lives nearby my store.
D: How far is your store to the place where the accused lives?
M: I cannot say for certain but a few houses away.

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D: Do you happen to know what position if any the accused hold in your barangay?
P: Objection your honor. The question is irrelevant.
D: Your honor please, this is relevant to establish the character of the accused as a
responsible public servant prior to the incident in question
M: As far as I know, he is not involved in politics.
D: You also stated that you have been running a sari-sari store, what is its operating
hours?
M: We open at 6 in the morning and close shop at 8 in the evening.
D: During the entire time that the store is open, who mans it? Are you saying that
from opening time to closing time every day you are the only one manning the
store?
M: My mother sometimes mans the store if I have other things to do.
D: By the way Mr. Witness, what items do you sell in your store?
M: Just like your typical sari-sari store. Mostly food items such as canned goods,
noodles, and bread. We also sell alcoholic beverages and cigarettes.
D: Do you happen to recall what each and every customer of yours buy in your
store? (or are you telling the court that you can recall each and every time that
each customer of yours buy in your store?)
M: I can recall mostly the things that customers buy within the week since I do my
inventory count weekly.
D: Mr. 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?
M: In front of my sari-sari store. I have a couple of tables and chairs for my
customers.
D: On the day of the incident at around 5pm, who were the people you saw in your
store?
M: From the position where I was sitting, which is inside my store, I did not see
anyone else other than the Bernardo siblings and Mr. Suarez.
D: Prior to the incident, did you notice anything unusual about the accused who was
drinking alone at your sari sari store?
M: None, attorney.
D: By the way, you mentioned earlier that the accused was drinking Red Horse.
What if you can recall was the size of the Red Horse which the accused drank?
M: The small bottle.
D: You testified earlier that you saw the victim profusely bleeding on the ground
while the accused was holding a bloody knife, is that correct?
M: Yes, attorney.
D: So it is correct to say that you were also not able to see how the bloody knife
appeared in the scene of the incident particularly in the hands of the accused?
M: Yes, attorney.
D: That is all your Honor.

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 OFFER OF EVIDENCE BY THE PROSECUTION
P: No further witness for the prosecution, your honor.
J: Alright, make your offer of evidence.
P: With the permission of the Honorable Court. Your honor please, the prosecution offers
in evidence the following documentary exhibits:
EXH. A. MEDICO LEGAL AUTOPSY REPORT from the Regional Crime Laboratory Office 8
EXH. A-1. The signature of Dr. Alice Cordero on the Medico Legal Report
EXH. A-2 The cause of death indicated in the Medico Legal Autopsy Report
EXH. B. CERTIFICATE OF DEATH of deceased victim Andrei Bernardo.
Exhibits A, A-1, A-2, and B are being offered in evidence to prove the fact and cause of
death of the victim in this criminal case, your honor, which have been duly admitted by the
defense during the pre-trial together with the admission of the genuineness and due execution
of Exhibits A & B, your honor.
EXH. C. POLICE INVESTIGATION REPORT dated October 23, 2020.
Exhibit C is being offered in evidence to prove the fact of investigation by the police for
purposes of filing formal charges against the accused, your honor. Exhibit C has been duly
admitted by the defense during the pre-trial as to its existence, your honor.
Your Honor, we now manifest that the mentioned exhibits be admitted as evidence for the
prosecution.
(Judge enumerates the exhibits)
P: Thank you, your honor. The prosecution now rests its case.

DEFENSE’S PRESENTATION OF EVIDENCE

Direct Examination – Reynaldo Suarez
D: May we call on Reynaldo B. Suarez, Your Honor.

J: Alright, swear in the witness.

COC: Please raise your right hand. Do you swear to tell the truth, the whole truth and nothing
but the truth in the testimony you are about to give?

Reynaldo: Yes, I do.

COC: Please state your name, age, address and other personal circumstances.

RS: I am Reynaldo B. Suarez, 25 years of age, single and residing in Tacloban City. I am a
former Sales Executive at Toyota in Tacloban City.

D: Your honor, we are offering the testimony of the witness to disprove the allegations in
the Information and that Reynaldo Suarez was not guilty of the crime charged. We are
likewise offering the testimony of this witness to identify the Judicial Affidavit he
executed in connection with this case and that the same from part of his direct
testimony.

J: Proceed.

D: Your honor, may I approach the witness?

J: Granted.

D: I will show a document consisting of 6 pages to the witness. Can you please tell what
this document is all about?

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RS: Yes, it is my judicial affidavit. I remember having narrated to Atty. Ralph Caingin the
contents of this affidavit.

D: Over and above the printed name Reynaldo Suarez is a signature, whose signature is

this?

RS: It is my signature, attorney.

D: Alright. It is stated here in your affidavit that you personally know the victim. Do you
personally know the victim in this case?

RS: Yes, attorney but not that much.

D: How do you know him?

RS: We live in the same barangay and he is known in the barangay as a trouble-maker.

D: Why do you say that he was known as a trouble-maker?

RS: Even when I was still an SK Chairman in the barangay and up to a few months ago,
complaints against him were raised in the barangay.

D: Have you had any personal encounter with the victim before this incident?

RS: No, Attorney.

D: Could you describe to me the victim as to his physical attributes?

RS: He is thin and dark-skinned. I think he’s just 5’ in height. I’m

much taller and bigger than him.

D: How about the twin sister of the victim in this case Andrea, do you know her?

RS: Yes, Attorney. But we haven’t had any chance to talk with each other. We would just
pass by each other whenever we meet on the street.

D: Could you describe her to me as well?

RS: She’s slim, beautiful and fair-skinned. I think she’s also 5”0’ in height, the same as his
brother.

D: Is the same Andrea Bernardo in this courtroom now?

RS: Yes she is. She is the one wearing ____________.

D: Your honor, may I request that the witness be allowed to point the sister of the victim

J: Okay granted.

(Reynaldo points to Andrea)

D: Alright. Where were you in the afternoon of October 16, 2020?

RS: I was at Mr. Chan’s Sari-Sari Store.

D: What were you doing there?

RS: I was drinking outside Mr. Chan’s Store.

D: How often do you drink?

RS: I would just drink occasionally and upon invitation.

D: At that time, did you have any company with you?

RS: None, Attorney.

D: Why were you drinking alone then?

RS: My girlfriend of five years had broken up with me. I cannot help myself but to drink to
ease up my load of despair.

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D: By the way, were you still there outside Mr. Chan’s Sari-Sari Store at 5PM on the same
date?

RS: Yes, Attorney. I was still there drinking.

D: Could you recall how many bottles had you already finished at that time?

RS: No, Attorney. I lost count.

D: While you were drinking outside the store, what happened next if any?

RS: I saw someone whom I mistook as my girlfriend Angela, buying something from the
store.

D: What if any did you do when you saw her?

RS: I lightly held her arm and asked her why she dumped me. I pleaded to her to come back
to me and to start a new family with our expecting baby.

D: After pleading with her, what if any transpired?

RS: She did not utter a word and all of a sudden she screamed. After that, I heard a loud
indistinctive voice of a man. I did not pay attention as to where it came from and who he
was. I thought that person was just mocking our situation so I replied to mind his own
business.

D: And then what happened next, if any?

RS: That person whom I thought was mocking us suddenly punched me on the face which
led me to the ground. I was caught off-guard for my attention was focused on Angela,
begging her to take me back.

D: What happened after that, if any?

RS: I quickly got up on my feet and did what a man ought to do in that situation. I fought
back and pinned him on the ground.

D: After you pinned on the ground the victim, what happened next, if any?

RS:: I was already on top of him and was about to punch him back when he suddenly drew
a knife from his right pocket.

D: After you saw the victim drew a knife from his pocket, what happened next, if any?

RS: I quickly changed my stance and grappled the knife with him.

D: When you grappled the knife with the victim, what happened next, if any?

RS : It happened so fast that the next thing I knew was that I accidentally stabbed him during
the course of our scuffle.

D: After the victim was accidentally stabbed, what happened after, if any?

RS: The woman whom I thought was my girlfriend pushed me away.

D: After the sister of the victim pushed you away, what happened next, if any?

RS: It was then that I realized that the woman whom I mistaken as my girlfriend turned out
to be Andrea and the man whom I had accidentally stabbed was her brother, Andrei

D: When you accidentally stabbed the victim, what did you do, if any?

RS : I ran away and surrendered myself to the police authorities since I was afraid because
people then were slowly coming in and that they might come after me.

D: By the way what were you wearing at that time?

RS: Just a plain shirt and shorts without pockets Attorney.

D: You mentioned that the stabbing incident was an accident, what do you mean by this?

RS: I had no intention to stab the victim much more to cause his demise. Everything

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 happened in a flash

D: Alright. No further questions your honor

J: Does the prosecution wish to cross exam?

P: With your permission, your honor

J: Proceed

Cross Examination – Reynaldo Suarez

P: Mr. Suarez, you mentioned in your direct examination that you did not recognize
Andrea at the store on the date of the incident. Is that correct?
RS: Yes, attorney.
P: Why did you not recognize Andrea when you said you know her personally?
RS: I had been drinking that afternoon and at a glance I mistook her for Angela, my
ex-girlfriend.
P: You described Andrea as slim, beautiful, and fair-skinned. How about Angela,
how will you describe her?
RS: She has the same physical attributes as Andrea, maybe that’s the reason why I
mistook her as Angela during the incident.
P: Help me with this Mr. Suarez, if you were drunk to the point of not recognizing
Andrea, how were you able to quickly get up on your feet, fight back and pin the
deceased on the ground as you stated earlier?
RS: I had some drinks but at that time I fell to the ground after being punched by the
victim, my initial reaction was to get up and fight back.
P: Mr. Suarez, you also mentioned earlier that you know the deceased in this case?
RS: Yes, attorney.
P: You also described him as 5 feet in height and you were much taller and bigger
than him, is that correct?
RS: Yes attorney.
P: If he had that small of a build, do you think he could have overpowered you
when you already have him pinned on the ground?
Defense: Objection your honor, the question is misleading, speculative, and stating an opinion.
(If sustained, ask the next question. If overruled, witness answer the question)
RS: I cannot categorically say that he can or cannot overpower me because at that
time while he was pinned on the ground he suddenly drew a knife.
P: You also said that you were able to recognize Andrea only when she pushed you
away after stabbing Andrei, is that correct?
RS: Yes, attorney,
P: Why do you think is that so?
D: Objection your honor, the question is irrelevant.
P: Your honor, my question is pertinent to our case.
RS: I was somewhat disoriented and it was only when she pushed me aside That I
came to my senses and I was really terrified.

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P: Were there other incidents where you have mistaken a person for someone else
that long?
RS: None, attorney.
P: So you were clearly disoriented and intoxicated during the incident?
RS: I was somewhat disoriented after having some drinks.
P: So despite being intoxicated, you were able to quickly get up and pin the
deceased on the ground as you said earlier?
RS: Yes, attorney.
P: So is it correct to say that you were aware of your actions during the altercation
as you can vividly recall them?
RS: I cannot categorically say, attorney
P: You stated earlier that you ran after having stabbed the victim. Why did you run?
RS: People were slowly coming in. I was afraid that they might come after me.
P: You said it was an accident. Why were you afraid?
RS: I was afraid they might hurt me.
P: And why do you think they would hurt you?
RS: Because I was holding a knife they may think I intentionally stabbed the victim.
P: How about the knife? What did you do to it after having stabbed the deceased?
D: Objection your Honor, the question is misleading
J: ______________
P: Let me rephrase my question, your honor. Mr. Suarez, how about the knife, do
you know where is it?
RS: I do not know for certain attorney. I was focused on running away from the
scene I do not remember if I dropped the knife or what.
P: Alright. No further questions, your honor.

Direct Examination – Mariz Elero

D: May we call on Mariz Elero, Your Honor.
J: Alright, swear in the witness.
COC: Please raise your right hand. Do you swear to tell the truth, the whole truth, and
nothing but the truth in the testimony you are about to give?
MARIZ: Yes, I do.
COC: Please state your name, age, address and other personal circumstances.
M: I am Mariz Elero, 26 years of age, single and residing in Tacloban City and
currently employed as a Bank Teller at the PNB in downtown Tacloban City.
D: Your honor, we are offering the testimony of the witness to disprove the
allegations in the complaint and the accused, Reynaldo Suarez is not guilty of the
crime charged. We are likewise offering the testimony of this witness to identify
the Judicial Affidavit she executed in connection with this case and that the same
form part of her direct testimony

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J: Proceed.
D: Your honor, may I approach the witness?
J: Granted.
D: I will show a document consisting of 6 pages to the witness. Can you please tell
what this document is?
M: Yes, it is my judicial affidavit. I remember having narrated to Atty. Ralph S.
Caingin the contents of this affidavit.
D: On page 5 is a signature over the printed name Mariz Elero, whose signature is
this ?
M: It is my signature.
D: Alright. It is stated here in your affidavit that you personally know the victim.
M: Yes Atty
D: How did you come to know him?
M: He was a former Sanguniang Kabataan Barangay Chairman of our barangay, a
neighbor and childhood friend, who lives in the same street with me.
D: Do you happen to know if the accused is currently employed?
M: He is no longer employed since he resigned from his job as Sales
Executive at Toyota Tacloban City 2 months ago.
D: What is if you know the reason why he resigned from his job?
M: He got depressed since her girlfriend of about 5 years, who got pregnant
suddenly left him.
D: Do you know why his girlfriend left him?
M: Rey told me that she got jealous with a co-worker.
D: How do you know of these information?
M: We have been friends since childhood and he always confided to me about his
relationship.
D: After his girlfriend left him, what if any happened to the accused?
M: There was a change in his behavior. He rarely goes out, but for the past month, I
would see him drinking with some friends.
D: How often do you see them drinking?
M: Usually twice but occasionally thrice a week every time I go home
D: By the way can you still recall where you were at about 5 pm of October 16,
2020?
M: Yes, I was inside our house just beside the store of Mr. Chan, the storeowner.
D: What were you doing then?
M: I just arrived from work and was about to watch TV.
D: From the time you arrived home, was there any unusual incident that took
place?
M: Yes Attorney. I heard a commotion and somebody shouting “Tabang. Tabang adi
it nag aaragway“.

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D: Upon hearing the commotion, what if any did you do?
M: I immediately went out of the house to find out what was the commotion about.
D: After you went out of the house what happened next?
M: I was shocked to see Rey and a man, who I later identified as Andrei Bernardo,
fighting.
D: Why were you shocked?
M: I was shocked because it was my first time to witness a fight involving Rey who
has never been known in the barangay to be a trouble-maker. In fact, he is a
good-natured person
D: Who is this Rey you are referring to?
M: The accused in this case.
D: Is the same Reynaldo Suarez in this courtroom now?
M: Yes he is. He is the one wearing yellow.
D: Your honor, may I request that the witness be allowed to point the person of
Reynaldo Suarez.
J: Okay granted.
(Mariz points to Reynaldo)
D: May we request the Court Interpreter to ask the name of the person identified
by the witness.
CI: Person wearing yellow please stand and tell us your name.
(Reynaldo stands up and states his name)
D: By the way, how did you come to know Andrei Bernardo?
M: He is one of the “Tambays” in our neighborhood and a known trouble-maker.
D: After you saw Rey and Andrei fighting, what happened next if any?
M: I saw Rey was pinned on the ground and Andrei was on top of him punching him.
Rey, who is leaner and taller than Andrei was able to push Andrei off him and
Andrei got up after he was pushed off by Rey.
D: After Andrei got up, what happened if any?
M: I saw Andrei took something from his back pocket.
D: What if any was that thing he took from his back pocket?
M: I saw a small knife.
D: Can you describe the knife ?
M: It was a swiss knife. The blade was about 3-4 inches long.
D: What if any did he do with the knife?
M: He attacked Rey using the knife he was holding.
D: What if any happened thereafter?
M: Rey got up and used his arm to block the attack and Rey was able to take the
knife but in doing so he accidentally stabbed the victim.

21
D: After the victim was accidentally stabbed what if any did you do?
M: I just shouted to please call the help of the Barangay Tanod for assistance.
D: Alright. No further questions, Your Honor
J: Does the Prosecution Wish to cross examine?
P: With your permission, Your Honor.
J: Proceed

Cross Examination – Mariz Elero

P: Ms. Elero, you said during your direct examination that you have been friends
since childhood with the accused, Reynaldo. Is that correct?
M: Yes, attorney.
P: You also said that he always confided to you about his relationship. How close
are you with the accused for him to confide to you?
M: We have been friends since childhood. We basically grew up together. We were
classmates in elementary and high school.
P: So you are very close with the accused. How about the deceased, Andrei? How
well do you know him?
M: I just know him to be the brother of Angela. I saw him once in a while in the
neighborhood but most of the time it’s when his group is involved in a fight.
P: Alright. You have also mentioned earlier that you were inside your house when
the incident happened. What exactly did you see when you went out of your
house to check the commotion?
M: I saw Rey fighting with someone.
P: Can you please describe to the court what exactly did you see the moment you
went out of your house?
M: I saw Rey on top of Andrei and Andrei pulled a knife from his pocket.
P: In your JA, you said that Andrei pulled a knife from his back pocket. But in Mr.
Reynaldo’s statement, he said Andrei pulled a knife from his right pocket. Are
you sure about what you saw, madam witness?
M: Yes, in my perspective it was from his back pocket.
P: Okay. You also stated earlier that you were shocked to see Rey and a man you
later identified as the deceased Andrei. How later was later? I mean, at what
point did you recognize the other person as Andrei?
M: Later, like a couple of seconds. When I saw the two of them fighting, I recognized
Rey and eventually I had a clear vision of who Rey was fighting with. I recognized
Andrei.
P: In your estimate, how many meters away were you from the place of the
incident?
M: 4 to 5 meters
P: So if it was about 4-5 meters and you said in your direct exam you did not
immediately recognize the deceased whom you say you know as a troublemaker

22
 in your neighborhood, how sure are you about the accuracy of your recap of the
incident?
M: I am definitely sure.
P: Alright. Thank you. No further questions, your honor.

OFFER OF EVIDENCE BY THE DEFENSE

D: We have no more witnesses to present your honor.
With the permission of the Honorable Court. Your honor please, the defense
offers in evidence the following documentary exhibits:
EXH. 1. MEDICO LEGAL REPORT No. 67289 from the Eastern Visayas Regional Medical
Center

EXH. 1-a. The signature of Dr. Ray Leon C. Pajota Jr. on the Medico Legal Report.

Exhibits 1 and 1-a are being offered in evidence to prove that the accused
sustained injuries as a result of being punched during the incident in question ,
your honor, which document had been duly admitted by the prosecution as to
its facts and contents during the pre-trial of the case together with the
admission of the genuineness and due execution of the mentioned exhibits, your
honor.
That is all for the defense, your honor. The defense now rests its case.

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