Professional Documents
Culture Documents
SCRIPT
Court Staff: All rise, witness the Honorable Joselito Vibandor, presiding. The court is now in
session. Silence is hereby enjoined.
(Ecumenical Prayer) Let us 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.
Court Staff: Criminal Case Number, 2020 - 01234, People of the Philippines vs. Allan Cruz Y
Santiago now comes for hearing.
Defense Lawyer: Your Honor, my name is Atty. Vertine Paul Beler_ and I am representing the
accused in this case.
Prosecutor: (Optional) Your Honor, may we request for the exclusion of the public to protect
the integrity of the minor private complainant?
(The Proper way to offer the testimony)Prosecutor: Your Honor,we are offering the
testimony of the witness to prove that she is the victim complainant in this case filed
against the accused Allan Cruz. She will prove factual and material allegations in the
information, to identify the accused, to identify her sworn statement.
Prosecutor: May we call Ms. Nena Dalisay to come to the witness stand.
Court Staff: Madam / Mister Witness, Please stand up and raise your right hand. Do you
swear to tell the truth, the whole truth, and nothing but the truth before this Court?
Court Staff: Please state your name, age, address and other personal circumstances.
Witness: I am Nena Dalisay, 13 years old,, and a resident of#21 New York, Green
Meadows Village Las Piñas City.
Prosecutor: Your Honor,we are offering the testimony of the witness to prove that she is the
victim complainant in this case filed against the accused Allan Cruz. She will prove factual and
material allegations in the information, to identify the accused, to identify her sworn statement.
Q: Who was with you when you attended your grandmother’s birthday ?
A: with my mother
Q: When you arrived at your grandmother’s house, what occurrences did you
observe?
A: I saw my uncle engaged in the drinking session.
Q: Nena would you know if the drinking session is later on that night?
A:
Q: Why?
A: Because my aunt Jenny and I were still chatting.
Q: Why?
A: I felt a hand going inside my blouse caressing my breast.
Q: Do you know whose hand it was ?
A: Yes.
Q: How did you know that it was the hand of your Uncle Allan?
A: Because he was the one who was positioned and sleeping next to me.
Q: Why?
A: Because I was scared and had no time to remove his hands over my body.
Q: What did you feel when he touched your breasts and genitals?
A: I was very scared.
Q: What happened after?
A: When we heard a noise it was only then the accused removed his hands from me.
Q: Why?
A: I was hesitant to tell him what happened.
Q: Why?
A: Because of the presence of her siblings and cousins that my mother thought that a
commotion might happen because of my disclosure.
Q: After that incident, did you have a conversation with the accused?
A: No.
Q: Why?
A: Because i had no opportunity to talk with him.
A: Yes
A: Mine.
Q: We manifest that the witness identified the signature found in the sinumpaang
salysay. We pray that this signature be marked as Exhibit A-1.
Court: mark it.
A: his signature.
Q: We pray that the signature appearing above the name of Atty Jason Bernabe be
marked as Exhibit A-2.
Q: In the second paragraph of your sinumpaang salaysay you have that on the 12th day
of September 2020 you went somewhere with your mother and your sister.
A: Yes.
A: My name.
A: Mine.
A: Yes.
Q: At this juncture your honor may we request that the date of birth of the witness
be encircled and be marked as Exhibit L-1?
Q: Now, if the accused is inside the courtroom (in the video) , will you please point
at him?
Q: You also mentioned that there was a drinking session, Is that correct?
A: yes
Q: Is it correct that the drinking session already started when you arrived around
9:30 in the morning?
A: No. At around 2:00 o’clock in the afternoon.
**your Honor can i present Exhibit No. 6 to the child-witness for clarification/verification**
We manifest that the witness identified the photograph as the beer consumed
during the drinking session on her lola’s birthday. We pray that this signature be
marked as Exhibit 6.
Q: Can you recall if your Tito Allan joined the drinking session?
A: Yes
Q: you said earlier that you were invited to sleep in the basement by tito allan, is
That correct?
A: yes
Q: you were with your auntie jenny and your 2yr old cousin, in the basement. Is
that correct?
A: yes
Q: Was it the first time that you slept with the family of your Tito Allan?
A: No, I sleep with them occasionally.
Q: On these occasions that you slept with them. Can you tell us who’s beside you
when you are sleeping with them? kung sino katabi mo matulog [guys,
paTRANSLATE na lang, ang hirap mag-isip ng tanong, thank You!] Not sure if
tama ang translation ko. HAHA.
A: sometimes i’m right beside my nephew and tita jenny, sometimes with my tito allan
Q: You also mentioned that you sleep in a pull-out bed beside your tito Allan on
September 12, 2020?
A: yes
Q: Can you tell us, why did you choose to sleep beside him?
A: because i was invited by tito allan
Q: Can you tell us why did you choose to sleep with them and not with your
parents?
A: Because my it’s already crowded in the other room and I am comfortable sleeping
with the family of tito allan as I occasionally do it.
Q: but you said earlier, that your tito allan was with your other relatives in the
Drinking Session, is that correct?
A: yes
Q: So you were aware that your tito allan, by that time or at around 10pm was
already intoxicated?
A: i presume
Q: Can you describe how he act/move? What does he look like around 10pm?
A: Yes. He’s dizzy. Vomiting, and I can’t understand what he was saying. (Nahihilo,
sumusuka, baluktot na magsalita, makulit na)
Q: Do you know if your tito is always drunk every time there’s a party, occasion or
family gatherings?
A: ang alam ko po hindi umiinom si tito, ngayon lang po yan nalasing ( Alam niya dapat
na umiinom na dati si Tito Allan kasi meron dun sa facts na naaksidente na before si
accused)
y
Q: when you were asked by your tito allan to go sleep with them, why did you not
refuse knowing that he was already intoxicated?
A: uhmmmmmmmmmmmmm???? I don't know?
Q: You’re 13 now, you’re a teenager, and you said a while ago that you also
[drinks beer, **in case YES yung sagot sa tanong na do you drink beer**], do you
also feel dizzy? *parang wala sa sarili**
A: yes
Q: Do you already have menstruation? (like a monthly period? blood in your
vagina/flower?)
A: not yet
Q: But you said earlier that you like tito allan because he understands you, he’s
your favorite because he understands you, is that correct?
A: yes
Q: So do you have a crush on tito allan, because you said you liked him. And you
said that a crush means that you like someone, is it okay to say that you have a
crush on tito allan because you said that you like him?
A: ???????????????????????????
Q: Isn’t it that the reason why you did not know refused to sleep with him,
knowing that he was already intoxicated is because you have a crush on him?
A:????????????????????????
Q: When you entered the room does tito allan was already lying in the bed?
A: yes, he was already sleeping. He was in fact snoring
Q: Your tita jenny and your cousin was already inside the room too, is that
correct?
A: yes, they were beside tito
Q: when entered the room, you said humiga ka sa pull-out bed, what was the
Sleeping position of tito allan?
A: ????????????
Q: You said earlier that the light was turned off, does it have a light? Or someone
else turned it off
A: it was already off when i entered the room
Q: how did you see/know that your Tita Jenny and your cousin was also lying in
the bed already if the lights were already turned off.
A: i turned on my cell phone flashlight
Q: But you said earlier that the reason why you did not sleep yet is because you
and your Tita Jenny were still chatting. Is that correct?
A: Yes.
Q: while you and tita were having a chit-chat, you tito allan is beside you, can he
hear you?
A: No, he was already sleeping hard
Q: So while lying in bed, you said you felt something/someone touches your
breast and your genitals?
A: yes
Q: You said a while ago that you knew that it was your tito who touched you is
that correct?
A: YES
Q: You said a while ago, that the lights were off at the time, is that correct?
A: YES.
Q: how sure are you that it was tito Allan who is touching you?
A: because he is the one beside me
Q: but you did not see his face nor his hands while someone allegedly touches
you? Is that correct?
A: yes because it was very dark
Q: Can you recall how many minutes after your chit-chat with your Tita Jenny,
when you suddenly felt a hand going inside your blouse touching and caressing
your breast?
A: 10 minutes
Q: When you felt that a hand touched you, you said that you’re scared that’s why
you didn’t shout and you don’t have time to remove his hands from your body. Is
that correct?
A: yes
Q: Can you elaborate/explain why you say you have no time removing his hands
to your body?
A: because i was scared
Q: But you said you did not see his face, you are not sure if that is tito allan?
A: ???
Q: On the scale of 1 to 10 how sure are you that it was your tito allan who
caressed your breast and touched your genitals?
A: 8
Q: why 8?
A: Because I did not see his face, but i know he’s the only one beside me
Q: If you may know, for how long does he is touching you? Just your estimate.
A: mabilis lang
Q: aside from being scared, how do you feel while he is caressing you?
A: ???????
Q: You said earlier that you admire tito Allan and that you like him, and that he
understands you. Then why are you being scared of him?
A: ?
Q: Why did you not immediately remove his hands, and await for a noise before
you removed it, even if you're scared?
A:?
Q: after you heard the noise, you said you stood up immediately, do you happen
to see tito/tita?
A: no, it was very dark
Q: When you heard the noise, what did your Tito Allan do?
A: tulog pa din
Q: Why do you think he was still asleep despite the noise inside the basement?
(sa tingin bakit kaya siya tulog pa din kahit na may ingay na nangyayari sa loob
mismo ng kwarto?)
A: hindi ko po alam madami po kasi siguro nainom na alak
---end question.
---end question.
---end question.
Defense Lawyer: Thank you, Your Honor. I call to the stand _______________________.
Judge: Will the witness please stand to be sworn in by the court staff. (Witness stands)
Court Staff: Please raise your right hand. Do you swear the truth, the whole truth, and nothing
but the truth?
Witness 1: I do. (witness goes to the stand and sits down)
Defense Lawyer: Please state your name and personal circumstances.
Witness 1: I am, __ years old, single, and a resident of _____________________________.
I am a _(occupation)_____.
Defense Lawyer: You Honor, we are offering the testimony of __________________ to
prove that ______________________________________________________
Judge: What do you say counsel?
Prosecutor: Subject to cross, You Honor?
Judge: Proceed. ___________________________.
Defense Lawyer: Perform direct-examination question for Witness 1
Q:__________________________________________________________
A:__________________________________________________________
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A:__________________________________________________________
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A:__________________________________________________________
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Q:__________________________________________________________
A:__________________________________________________________
---end question.
That is all for the witness.
Judge: The Prosecution may cross-examine the witness.
Prosecutor: Perform cross-examination question for Defense Witness 1.
A:__________________________________________________________
Q:__________________________________________________________
A:__________________________________________________________
Q:__________________________________________________________
A:__________________________________________________________
Q:__________________________________________________________
A:__________________________________________________________
---end question.
---end question.
----Closing Arguments----
Judge: Both the prosecution and the defense have now rested their cases. The attorneys will
now present their final arguments. Prosecution, you may begin.