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REPUBLIC OF THE PHILIPPINES

7th Judicial Region


Regional Trial Court
Branch 27
Lapu-Lapu City

PEOPLE OF THE PHILIPPINES


Plaintiff, Crim Case No. _R-LLP-123-01
For: ___HOMICIDE________
vs.

SHELDON COOPER
Accused.

For: ARRAIGNMENT and PRE-TRIAL

JUDGE : Atty. Gimena


CLERK OF COURT :
COURT INTERPRETER :
COURT STENOGRAPHER :
PUBLIC PROSECUTOR : ATTY. EDMUND VALENZUELA II
DEFENSE COUNSEL : ATTY. __
ACCUSED : SHELDON COOPER

CRIMINAL CASE NO. R-LLP-123-01


PEOPLE OF THE PHILIPPINES V. SHELDON COOPER

Clerk of Court: All rise! The Court is now in session, silence is hereby enjoined.
Honorable Judge Atty. Gimena, presiding.

Court: Court is now in session. (stamp gavel) Call the cases.

ARRAIGNMENT
Clerk of Court: For arraignment, Criminal Case No. R-LLP-123-01, Case of
People of the Philippines v. Sheldon Cooper for the crime of Homicide, under
Art. 249 of the Revised Penal Code.

Clerk of Court: Appearance for Prosecution and the Defense.

Prosecution: Your honor, I am Atty. Edmund Valenzuela II, appearing for the
people as public prosecutor.

__: Your honor, I am Atty. ________________, defense counsel for the accused.

Court: Is the accused around?

Court Interpreter: Yes your honor. Please approach the bench.

Court: Arraign the accused.

Clerk of Court: What language/dialect do you understand?

Accused: I am fluent in English.

Court Interpreter: Criminal Case No. R-LLP-123-01, Case of People of the


Philippines v. Sheldon Cooper

Accused SHELDON COOPER for the crime of Homicide, punished under Art.
249 of the Revised Penal Code.

That on June 30, 2022, about 5:00 P.M., in Lapu-Lapu City within the
jurisdiction of this court, the said accused, armed with a broken shard from a glass
bottle as a weapon, with intent to kill, did then and there willfully, unlawfully and
feloniously attack, assault and repeatedly stabbed one LEONARD
HOFSTADTER on the stomach, thereby inflicting upon him fatal wounds which
directly caused his death.
Contrary to law.

Court: Do you understand the crime charged against you?

Accused: Yes, your honor.

Court Interpreter: What is your plea?

Accused: Not guilty, your honor.


Court Interpreter: The accused pleaded not guilty your honor.

Court: Let it be on the record that the accused pleaded not guilty for the crime of
Homicide, punished under Art. 249 of the Revised Penal Code. The information
was read to him in English, a language known and understood by the accused.
Also, Atty. ____, the defense counsel of the accused assisted him in this
arraignment. Call the case for pre-trial conference.

PRE-TRIAL CONFERENCE

Clerk of Court: Criminal Case No. R-LLP-123-01, Case of People of the


Philippines v. Sheldon Cooper for the crime of Homicide, under Art. 249 of the
Revised Penal Code for pre-trial conference.

Court: Appearances?

Prosecution: For the prosecution, Your Honor, representing the People of the
Philippines:

I am Atty. Edmund Valenzuela II, Assistant City Prosecutor

Defense: Good afternoon Your Honor, for the defense, representing the accused,
I am Atty. ___, Your Honor, for the defense.

Court: Are parties willing to agree to enter into a plea-bargaining?

Prosecution: Your Honor Please, the prosecution does not desire to enter into
plea-bargaining

Defense: Your Honor Please, the defense does not also desire to enter plea
bargaining.

Court: Any admission?

Prosecution: Yes Your Honor, the prosecution requests for the admission by the
defense of the jurisdiction of the Honorable Court and try this case.

Defense: We admit, Your Honor.

Prosecution: Second, the identity of the one charged in the information and that
of the person arraigned is one and the same.
Defense: We admit, Your Honor.

Prosecution: Third, the prior altercation between the accused and the deceased
victim concerning the occupation or the loss thereof of the accused.

Defense: We object as to the relevance of the requested admission, Your Honor.


(In case overruled, admit to the prior altercation)

Prosecution: Lastly, the date and place of the commission of the crime.

Defense: We deny, your Honor.

Prosecution: No further request for admission, Your Honor. Thank you.

Court: Alright. Any more objection from prosecution counsels?

Defense: No other objection for the meantime, Your Honor.

Court: Okay.

Defense: With all due respect to the Honorable Court. Your Honor Please, the
defense requests the admission from the prosecution of the sole fact that the
accused, without resistance, calmly, and without any indication of intoxication,
voluntarily went with the Police Officers who arrested him.

Prosecution: We admit, your Honor.

Court: So, what is the pleasure of the prosecution?

Prosecution: We submit, Your Honor.

Court: Okay. So, what are the issues to be resolved?

Prosecution: Your Honor Please, the prosecution submits the following issues to
be resolved:

A. As to Factual Issues:
1. Whether the accused was within the vicinity of the crime scene and at
the time of the commission of the crime;
2. Whether the accused and the victim was involved in a prior altercation
concerning the former’s occupation and his loss of the same allegedly
due to the latter;
B. As to Legal Issues:
1. Whether the accused committed the offense charged in the Information.

Court: How about the defense?

Defense: Yes Your Honor, the defense submits the following issues to be
resolved:
A. As to Factual Issues:
1. Whether the accused was, indeed, in the place of the crime at the time
that the accused allegedly committed the crime;
2. Whether the accused positively and undoubtedly identified by the
prosecution to be the alleged person guilty of the crime;
B. As to Legal Issues:
3. Whether the prosecution has proven beyond reasonable doubt the guilt
of the accused of crime of Homicide.

Court: Alright, mark your exhibits

Prosecution: With the permission of this Honorable Court. Your Honor Please,
the prosecution will present the following documentary evidence and mark as
prosecution’s exhibits:

Exhibit A. The death certificate of the victim, Leonard Hofstadter,


showing the fact of death of the victim;
Exhibit B. PNP Police Report, indicating the Police Blotter made
immediately after the crime was committed, issued at the request of
the victim’s wife, Penny Hofstadter;
Exhibit C. Autopsy Report, prepared by Dr. Bernadette Hofstadter after
conducting an autopsy on the body of the deceased victim, Mr.
Leonard Hofstadter;

Prosecution: 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 further directions and limitations that this
Honorable Court may impose.

Court: Alright, subject to the 3-day notice rule, otherwise the evidence shall not
be considered by this court. How about the defense? Mark your exhibits.

Defense: With the permission of the Honorable Court. Your Honor Please, the
defense will present the following evidence and request that this be marked as
follows:
Exhibit A. Bus ticket with ticket number C067234, issued by Rajesh
Koothrapali to Accused Sheldon Cooper, as the conductor of MyBus
and issued at the time when Leonard Hofstadter was killed.

Defense: The defense, Your Honor, reserves its right to introduce sub-markings
to the pre-marked exhibits and present other documentary evidence during the
course of the trial, subject to further directions and limitations that this Honorable
Court may impose

Court: recognized, subject to the 3-day notice rule, otherwise the evidence shall
not be considered by the Court. How about the witnesses?

Prosecution: The prosecution will present 3 witnesses, Your Honor.


1. First, Penny Hofstadter, the victim’s wife, to prove that the accused was
the one who caused her husband to stop and the one who stabbed the
same;
2. Second, Howard Wolowitz, to prove that there was an attempt to stop the
accused from continuing his stabbing, the threatening of the accused, and
the flight of the accused from the crime scene;
3. Third, Bernadette Simpsons, to testify that she conducted the autopsy
examination of the body of the victim, the description of the wounds of
the victim, and the cause of death of the victim.

The prosecution reserves its right to present other witnesses in the course of
the trial, Your Honor.

Court: Alright, how about the Defense, how many witnesses?

Defense: Your Honor Please, the defense will also present 2 witnesses. The
defense would also like to manifest to the court of the accused’s intention to
compel a witness to testify for the accused as the same refused to offer his vital
testimony which would prove the innocence of the accused.

1. First, the accused himself, to prove that he was riding a bus on his way
home and not at the place of the crime and at the time of the crime;
2. Second, the Rajesh Koothrapali, to prove that the accused was riding on
a bus while Mr. Koothrapali was on duty as its conductor and that he
personally issued the ticket to the accused on the bus at the time when
the crime was committed;

Your Honor, The accused, reserves his right to present other witnesses in the
course of the trial.
Court: Any other matters?

Defense: Your Honor, as for now, we have no more things to discuss.

Court: Alright, are the parties willing to consider the pre-trial terminated?

Both: Yes, Your Honor.

Court: Order. In today’s Pre-Trial Conference, ___________________ appeared


for the prosecutor, and ___________________________ appeared for the
accused.

POSSIBILITY OF AMICABLE SETTLEMENT


During the pre-trial, there was no agreement between the parties as to the
possibility of plea-bargaining of the case.

STIPULATION OF FACTS BETWEEN THE PARTIES

The complainant, through Public Prosecutors and the accused, through his
counsels stipulated on the following that:
1. Mr. Leonard Hofstadter, the deceased was killed on June 30, 2022 which
was caused by stab wounds inflicted against the victim.
2. Accused, without resistance, calmly, and without any indication of
intoxication, voluntarily went with the Police Officers who arrested him.

ISSUES TO BE TRIED OR RESOLVED

The prosecution would like the following issues to be resolved:

1. Whether or not the accused committed the offense charged in the


Information.

On the other hand, the defense would like the following issues to be resolved:

1. Whether or not the accused was, indeed, in the place of the crime
at the time that the accused allegedly committed the crime;
2. Whether or not the accused positively and undoubtedly identified
by the prosecution to be the alleged person guilty of the crime;
3. Whether or not the defendant is guilty of the crime of Homicide.

EXHIBITS MARKED AS DOCUMENTS


The prosecution marked the following exhibits:

Exhibit A. The death certificate of the victim, Leonard Hofstadter,


showing the fact of death of the victim;
Exhibit B. PNP Police Report, indicating the Police Blotter made
immediately after the crime was committed, issued at the request of
the victim’s wife, Penny Hofstadter;
Exhibit C. Autopsy Report, prepared by Dr. Bernadette Hofstadter after
conducting an autopsy on the body of the deceased victim, Mr.
Leonard Hofstadter;

And the prosecutions reserve their right to mark other documentary exhibits
which are not yet available if the need arises.

The defense marked the following exhibits:

Exhibit A. Bus ticket with ticket number C067234, issued by Rajesh


Koothrapali to Accused Sheldon Cooper, as the conductor of MyBus
and issued at the time when Leonard Hofstadter was killed.

WITNESSES TO BE PRESENTED

The prosecution will present the following witnesses:

1. First, Penny Hofstadter, the victim’s wife, to prove that the accused was
the one who caused her husband to stop and the one who stabbed the
same;
2. Second, Howard Wolowitz, to prove that there was an attempt to stop the
accused from continuing his stabbing, the threatening of the accused, and
the flight of the accused from the crime scene;
3. Third, Bernadette Simpsons, to testify that she conducted the autopsy
examination of the body of the victim, the description of the wounds of
the victim, and the cause of death of the victim.

The defense will present the following witnesses:


1. First, the accused himself, to prove that he was riding a bus on his way
home and not at the place of the crime and at the time of the crime;
2. Second, the Rajesh Koothrapali, to prove that the accused was riding on
a bus while Mr. Koothrapali was on duty as its conductor and that he
personally issued the ticket to the accused on the bus at the time when
the crime was committed;

The defense counsels reserve the right to present other witnesses not herein
enumerated as deemed necessary.

The pre-trial of this case is hereby terminated. No objections both for


prosecution and defense, the case is set for trial on July 29, 2017. Notify the
parties thereto. So ordered.

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