Professional Documents
Culture Documents
Script Robbery With Homicide
Script Robbery With Homicide
CHARACTERS:
Cristina Amelia Guzman - Prosecution Counsel
Raphael Villanueva - Prosecution Counsel
Gisela Cecilia Mauhay - Kristine Pascual (Complainant)
Mariel Mailom - Marimar Rivera (Prosecution Witness)
Maricor De los Reyes - Darlene Aguilar (Prosecution Witness)
Lovereal Joy Ocampo - Dr. Judy Ann Agoncillo (Expert Witness)
Juan Fermin Rayos del Sol - Defense Counsel
Sheila May Sabino - Defense Counsel
Manuel Plaza – Alfred Vargas (Accused)
Ma. Cristina Peñaflor - Jinky Mina (Defense Witness)
Margarette Raiza Andaman - Clerk of Court/ Interpreter
PROSECUTION
PROSECUTION: We are ready, your Honor. May we know if our witness is present,
then, we’ll present the witness, your Honor.
INTERPRETER: (Interpreter will swear in witness) Do you swear to tell the truth, the
whole truth and nothing but the truth so help you God?
WITNESS: I do.
COURT: Please tell the court your name, age, occupation, residence and other personal
circumstance.
COURT: Comment?
PROSECUTION: The Death Certificate of Sam Pascual had been previously marked as
Exhibit“B” for the prosecution, your Honor.
Q: By the way, do you know of any person by the name Alfredo “Manny Plaza” Vargas?
A: Yes, ma’am.
DEFENSE: Objection, Your Honor. The witness is incompetent to answer the question.
Q: Now, if Alfredo “Manny Plaza” Vargas is around, would you be able to identify the
accused?
A: Yes, ma’am.
PROSECUTION: For the record--- Witness points to a person who identifies himself as
Alfredo “Manny” Plaza Vargas.
Q: On or about 7:00 o’clock in the morning of August 28, 2007, where were you?
A: I arrived at our store, ma’am.
Q: You mean to say that it was Sam who eventually supervised the store?
A: Yes, ma’am.
Q: You stated that you just arrived at your store at around 7am. When you arrive thereat,
was there anything unusual that you have seen?
A: Yes, ma’am.
Q: Is that all? What did you do after you see that the lock was destroyed?
A: I entered the store and everything was in disarray.
Q: Disarray?
A: Yes, ma’am. I saw the drawers of the table open. The goods on the rack were
scattered
all over the place and the cash box was empty.
Q: Do you have any idea regarding the amount of the cash box?
A: Yes, ma’am.
Q: And in which part of the store did you see your son?
A: Beside the cashbox, ma’am.
Q: Can you take a look at these pictures? Do the pictures depict the scene of the crime as
per your recollection?
A: Yes, ma’am.
PROSECUTION: Your Honor, I am now presenting you this as Exhibit “K” already
marked during the Pre-trial.
Q: Now, upon seeing your son already dead, what did you do next?
A: I then sought the help of my neighbors to summon the police, ma’am.
Q: And after calling out your neighbors to call the police, what happened next?
A: The policemen arrived at the store and conducted an investigation, ma’am.
Q: And what the policemen arrived and investigated, what happened next?
A: I went to the Police Station and my son was brought to the funeral parlor, ma’am.
Q: Can you still recall what the police officers did when they investigated the place?
A: They saw items left, ma’am.
Q: And what were these items left that you are talking about?
A: A pair of slippers marked with “Marimar” and a blue Bench t-shirt ma’am.
Q: If I show you the white slippers and blue Bench t-shirt that you are talking about,
will
You be able to identify the same?
A: Yes, ma’am.
Q: Now, during the investigation by the police officers, did you have any chance to talk
with the police officers as to why your son was killed?
A: Yes.
Q: Where you able to talk to the police?
A: Yes, ma’am.
Q: And could you tell us what the police officers told you?
Q: And after knowing who this Marimar was, what happened next?
A: I learned that Marimar was picked up by the police, ma’am.
Q: Now, going back to the time that you entered your store and you found that your son
was
already dead and after an investigation was made by the police officer, did you notice
anything missing inside your store? (Option: Was everything in place in your store?)
COURT: Answer.
A: Yes, ma’am. Money in the cashbox, fossil watch Sam always wear and the cellphone I
gave him.
Q: How did you come to know that the cell phone was with Darlene Aguilar?
A: When I found out that my son’s cell phone was missing, I instantly went to the nearest
cell phone store to inquire. This store was owned by Darlene Aguilar.
Q: Now, are you familiar with the Vodafone cellphone that was missing?
A: Yes, ma’am.
Q: Could you tell the Court what were the exact words that appeared in the cellphone?
A: The welcome note stated, “Hi, I’m Sam Pascual.”
Q: Do you have any other proof that this cellphone is really the phone of your son?
A: Yes, ma’am. The receipt bears my name as well as the serial number of the cellphone,
which is XYZ987654321.
Q: Now, if that Vodafone cellphone will be shown to you, will you be able to
identify it?
A: Yes, ma’am
PROSECUTION: Showing to you a Sony Ericsson Vodafone cellphone with Serial No.
XYZ 987654321 which had been marked in evidence as Exhibit “L” by the prosecution,
is
this the Nokia cellphone that you are talking about that was missing and that was
recovered?
Is that the cellphone that you think was missing and later on recovered?
A: Yes, ma’am.
Q: Could you please give us an estimate considering that he mans you store, how
much do you give him?
A: 5000 per week as manager.
Q: Could you tell us how old was your son when he died?
A: 27 years old, ma’am.
Q: All of these five children, Ms. Witness, do you treat them equally?
A: Yes, ma’am.
Q: No exceptions?
A: I treat them equally but my child Sam is dearest to me because I almost lost him
when I have difficulty in pregnancy.
Q: In connection with this case, what you have testified here in Court, did you execute a
sworn statement regarding the same before this case was being filed?
A: Yes, ma’am.
Q: Showing to you this document, is this the sworn statement that you executed?
A: Yes, Sir. (Witness identified the document showed by Prosecutor).
PROSECUTION: May I manifest, that this sworn statement has been marked as Exhibit
“E” for the prosecution during the Pre-Trial Conference, your Honor.
A: Yes, ma’am.
PROSECUTION: And the signature of the witness has been marked as Exhibit “B-1” for
the prosecution. That’s all for the witness, your Honor.
Q: Do you have any proof that Exhibit I is the phone of your son?
A: Yes, I have the receipt of the phone and the welcome note of the phone.
Q: Do you know any person from your family having the same name Sam Pascual?
A: Only my son, sir.
Q: And are you sure that the welcome note refers to your son?
A: Yes, sir.
Q: Have you ever seen the welcome note before of your son?
A: No, sir.
INTERPRETER: Do you swear to tell the truth, the whole truth and nothing but the truth.
Please state your name, age civil status, occupation, residence, and other personal
circumstances.
WITNESS :Marimar Rivera, 27, 1526 Craig St. Sta. Mesa Manila.
COURT : Your witness.
PROSECUTION: We offer the testimony of Marimar rivera to show that accused Alfredo
“Manny Plaza” Vargas is personally shown to the witness Marimar Rivera; that the
slippers found at the crime scene is owned by the witness Marimar Rivera who lent the
slippers to A Vargas; she will also testify that on the day in question, she met Vargas, the
accused in the case, and he was able to recognize the pink t shirt which the accused was
wearing at that time, and was found later on at the scene of the crime. And he will
identify this slippers as well as the tshirt the accused was wearing and found later on
inside the house where the incident –the killing of the victim, occurred.
COURT: Comment?
COURT : Proceed.
Q: Marimar Rivera, do you know the accused, Alfredo “Manny Plaza” Vargas?
A: Yes sir.
Q: If Vargas is inside the courtroom, will you be able to point him out to the court?
A: Yes, sir, that is him.
(Witness points to a person who identified himself as Alfredo Vargas.)
PROSECUTION: For the record, the witness is pointing to a person who identified
himself as Alfredo Vargas.
Q: Now, on the 28th of August , 2007, at around 3pm in the afternoon, do you recall
having met Vargas, whom you just identified?
A: Yes, sir.
Q: Where did you meet Vargas on the 28th of August 2007 at around 3pm in the
afternoon?
A: At my house, sir.
Q: And at the time that you met Vargas on 28 th of August 2007 at your house, do you still
recall what he was wearing at that time?
A: Yes sir.
Q: Will you be able to tell this court what was he wearing when you met him on 28 th
August 2007 at 3pm?
A: He was wearing a pink t-shirt, sir.
Q: Do you know what kind of t-shirt, do you know what is the trademark of the t shirt he
was wearing?
A: I recall it was a “Bench”shirt.
Q: Now, let’s go to the feet. Was he wearing anything at his feet?
A: He was wearing my slippers, sir.
Q: Where?
A: Near our house, at 2345 Craig St. Sta Mesa, Manila.
Q: Now, did you observe anything on the person of Vargas at that time?
A: Yes sir.
Q: What did you observe on the person of Vargas at the time?
A: Something was bulging at his back, sir.
Q: What about the pink shirt, which you said Vargas was wearing on 28 th August, 2007,
did you have a chance to see that pink shirt again?
A: No more sir.
Q: Now, do you recall having been investigated by the Sta Mesa Police in connection
with this case?
A: Yes sir.
Q: At the police investigation, do you recall having been asked to identify a pink tshirt?
Defense: Misleading your honor, objection:
Q: At the time when you were asked what was Vargas wearing, do you know where the
pink shirt was at that time?
A: It was placed in a plastic bag, sir.
Q: And what did the police do with that t-shirt placed in the plastic?
A: They brought it with them and kept it sir.
DEFENSE: May we request that since this line of question addressed to a pink shirt, may
we request that it be shown to the witness, your honor.
PROSECUTION: If that pink shirt which you said was used by Vargas with trademark
Bench will be shown to you , will you be able to recognize the same?
PROSECUTION: Now, will you be able to identify this pink shirt, which was used by
Vargas?
A: There was a stain on the side of the shirt, sir.
Q; Now, I’m showing to you this pink shirt, kindly examine the same and tell the relation
of this shirt with the one you mentioned was worn by Vargas on 28th August, 2007.
A: This is the pink shirt worn by Vargas on 28th August, 2007.
Q: Will you please point to this Court the stain on the shirt which you mentioned?
A: Here sir.
(For the record, witness points to the stains in front of the shirt colored brown)
Q: Now, you mentioned also that this t-shirt has a mark bench where can you find this?
A: In front sir.
Q: Where is it? (For the record, witness is showing the bench mark in the front of the
shirt.)
Q: Now, you mentioned also that you, what did you say?
A: Marimar sir.
Q: And if that pair of slippers will be shown to you with the markings Marimar, will you
be able to identify the same?
A: Yes sir.
Q: I’m showing to you this pair of slippers, kindly examine the same, and tell us the
relation of these slippers with the one you saw Vargas was wearing on 28th August 2007.
A: Yes sir.
Q: Will you please indicate to us your identifying mark which you said Marimar?
A: Here sir.
Q: Do you know the reason why you were invited by the police of Sta. Mesa.
Q: How come you vividly remember his attire at that time but you cannot remember what
he was wearing when you lent him your slippers five days before that date?
A: Because when he invited me to the birthday party, I noticed that there was a colored
brown stain on the right (or left) side of his shirt. I even asked him if he would wear
that shirt to the party considering that there was a stain on it. That is the reason
why I clearly remember his attire that day.
Q: And you also said before this court that the size of the feet of A. Vargas is about
10 inches?
A: Yes sir.
Q: And you still lent your slippers knowing fully well that it would not fit A. Vargas?
A: Yes sir
Q: Why?
A: Because my friends usually borrow my things so I did not find it unusual when he
borrowed my slippers. And as my friend, I did not bother to ask him what he was about to
do with it.
Q: Like what?
A: Aside from the slippers sir, he borrowed my DVD’s, my Seiko unisex watch and
cellphone.
COURT: Please state your name, age, civil status, occupation, residence and other
personal circumstances.
WITNESS: Dr. Judy Ann Agoncillo, 30 years old, married, licensed Physician, and
presently residing at 47, Lacson Ave. Manila.
PROSECUTION: We offer the testimony of Dr. Agoncillo to show that she is the medico
legal officer who examined the dead body of Sam Pascual on August 28, 2007; that she
will identify the certificate of Death which she wrote to the heirs of the victim; she will
also testify on the several stab wounds which he found on the cadaver of the victim, Sam
Pascual, and other relevant matters.
Q: On August 28, 2007 were you already a medico legal officer of Manila?
A: Yes, sir.
Q: And on said date, were you requested by the police authorities of Sta Mesa to perform
an autopsy on the victim Sam Pascual?
A: Yes sir, I was requested by the Sta. Mesa Police station chief.
Q: And where did you see the dead body of Sam Pascual?
A: At the Quiogue morgue near Nagtahan.
Q: From your observation, how long is he already dead from the time you saw the dead
body?
A: About more than four or five hours, sir.
Q: And what is your basis for saying that he was already dead for more than four or five
hours?
A: Because it was early in the morning and the blood were already clotting throughout the
body, sir.
Q; when you saw the dead body of the victim, what did you observe?
A: There are stab wounds, sir.
Q: Where are the stab wounds located on the body of the victim, would you like this
representation to refresh your memory by showing to you your autopsy report?
A: Yes sir.
PROSECUTION: considering that the witness could no longer recall the number of stab
wounds of the victim, may I request that I be allowed to show to the witness the human
male sketch where the witness indicated his stab wounds.
Q: Now, I’m showing to you this human male sketch, could you tell us what this is all
about?
A: This is the male I autopsied at the Quiogue Morgue on August 29 th 2007. The cause of
death was multiple stab wounds throughout the body, sir.
Q: Will you be able to tell us where these stab wounds were located in the body of the
victim?
A: Stab wound no 1: right anterior cervical area;
Stab wound number 3 and 4 is in the left anterior cervical area;
Stab wound 2: knee
No 5: occipetal area
No 6&7 left occipetal area
No 9: left shoulder
No 11, left scapular area
No 12&14: left poseterior abdominal wall
No 15 & 16 is in the left anterior abdominal wall.
There was a note here, stab wound no 1 and 16 came from a different bladed weapon or
another knife, sir.
Q: Why? What is your basis for saying that two other wounds were inflicted or caused by
different weapons?
A: Because they have a different contour, sir.
Q: Out of 16 wounds, you found two stab wounds which were caused by a different
weapon?
A: Yes sir.
Q: And where did you find that two stab wounds which were caused by another weapon?
A: The right knee, sir, above the right knee, and the left anterior abdominal wall, sir.
Q: Will you be able to tell us is a sharp bolo could cause these wounds?
A: Just a bolo could cause larger than a stab wound, sir.
Q: I’m showing you this Certificate of Death, kindly tell us if this is the same certificate
you issued to the victim Sam Pascual.
A: Yes sir, this is the Certificate.
PROSECUTION: This was previously marked as exhibit ___ during Pretrial Conference,
your honor.
Q: And you mentioned that you came to this conclusion because the wounds had different
contours, correct?
A: That is correct.
Q: So considering the number and weapon used, is it possible that the stab wounds
could have been caused by more than one person?
Q: I’ll rephrase the question your Honor. In your experience as a medico legal officer,
have you handled a case where a lone assailant would use two different weapons against
only one victim?
A: Hardly at all, if not rarely.
Q: So in your experience as a medical officer, the use of two different weapons against a
victim is inconsistent with the conclusion that only one person could have committed the
crime?
A:Yes.
WITNESS: Darlene Aguilar, 32 years old, Businesswoman, single and presently residing
at 2939 Craig St. Sta. Mesa, Manila
DEFENSE: I will object to the use of the phrase “ that stolen form the victim” because
there was no testimony yet. That is only a presumption, your Honor.
DEFENSE: I think he does not want to prove that it was stolen but that it was to sell the
cellphone your honor.
COURT: Without including the fact that it was owned by Sam Pascual.
Q: Where is that?
A: In Manila.
Q: Now, could you recall during those times that you were with A “MP” Vargas, if at one
time, he offered something for you to sell?
*(option: Has Vargas ever visited you in your store?..... what was the purpose)
Q: Can you still remember what kind of cellphone was offered to you to sell?
A: Vodapone, Sony Ericsson.
Q: Now, if that celphone will be presented to you can you identify the same?
A: Yes, ma’am.
Q: could you take a look at this celphone? Can you recall if this is the cellphone which is
supposed to be offered to you?
DEFENSE: You honor, I would like to manifest that when I help and examined this
celphone, there was a blank space here. No there is again this name of Sam Pascual.
PROSECUTION: It was just turned on, your Honor.
Q: Now, could you tell us the exact words of what Vargas tell you about this Cellphone?
A: Sabi po nya itago mo muna ito tapos ibenta mo ng limang libo, bahala ka na
magdagdag.
Q: And what did you do to the cellphone after it was handed to you?
A: I received it, ma’am.
Q: Why not?
A: Because the next day (Aug 30, 2007) a certain lady saw the phone in my display shelf.
Q: What appeared?
A: The welcome note stated: “Hi, Im Sam Pascual”
Q: Did you execute a sworn statement in your participation regarding the cellphone?
A: Yes, ma’am.
Q: If that sworn statement will be shown to you, can you identify it?
A: Yes, ma’am.
Q: You said in your statement that Mr. Vargas gave you the phone?
A: Yes.
Q: Did you inquire where the phone came from?
A: Yes.
DEFENSE
Q: We?
A: Jinky and me.
Q: Between 11pm of August 28 – around 11am of the following day, you said you were
asleep?
A: Yes, ma’am.
Q: So you’re telling us that at the evening of August 28 until the morning of the
following day, August 29, you were in your house and slept with Jinky?
A: Yes, ma’am.
Q: And it was only between 10-11am that you wake up?
A: Yes ma’am.
Q: You can’t recall? Ten days or five days before Pascual’s death.
A: I can’t really recall, sir. I have no idea.
Q: What?? So you have no idea of the date. Do you remember where did he authorize
you to sell?
A: I think… in our house. He came to ask me if I could sell the cell phone.
Q: You mean you cannot recall any detail of your agreement except that it happened in
your house and Pascual just requested you to sell his phone?
A: Yes, sir.
Q: Going back to Jinky’s party that you said you attended, was there any alcoholic drink
served?
A: Yes, sir.
Q: Again, what time did you go home from the party on the night of August 28, 2007?
A: Around 10-11pm.
Q: So you’re saying that you are oriented with the time but you cannot recall if you are
drunk or not?
A: Yes
Direct Examination of Jinky Mina by Atty. Juan Fermin Rayos del Sol
DEFENSE: The defense is going to present the testimony of Ms. Jinky Mina to prove that
Manny Vargas was at his apartment when the crime took place and is not within the scene
of the crime.
Q: Was Manny with you while you were preparing for the birthday party?
A: No but I was going to meet him at my house because he was going to accompany to
buy my cake.
Q: Can you give the circumstance where have you seen this exhibit G?
A: Manny gave it to me so that I can wear it.
Q: Can you describe your sleeping arrangement when you spend the night?
A: He was beside me in his bedroom; we slept in the same bed
Q: The morning after, when you woke up, was Manny still with you?
A: Yes.
Q: Do you recall the accused actually returning the slippers to Ms. Rivera?
A: No, ma’am.
Q: You stated in your testimony that you spent the night with Manny in his house.
A: Yes, ma’am.
A: I don’t remember.
Q: And is it possible that Manny could have left the house while you were asleep?
A: Yes, ma’am
Q: Since you claim to be familiar with the My Big Love convenient store, how long
would it take by foot to get to the store from Manny’s house.
A: About 2-3 minutes, ma’am.
Q: So given the said distance, you think it is possible for Manny to be at the scene of the
crime at about 10-11pm, the time of the death of the victim.
COURT: Overruled.
A: Yes, sir.
COURT: Sustained.
Q: So given the said distance, you think it is possible for a person under the same
circumstances to be at the scene of the crime at about 10-11pm, the time of the death of
the victim
A: Yes, ma’am.
PROSECUTION: That’s all your Honor. No further cross examination, your Honor.