PRACTICE COURT II

GROUP 1
TRIAL for the case of ROBBERY

ROLES
Judge- John Noldan C. Agustin
Prosecutor- Michael Balawa
Defense Counsel- Venus Melendrez-Flores
Accused- Alfredo Aldora
Clerk of Court/Narrator Joanna Lyka Michelle Uson

PROSECUTION’S WITNESSES:
SPO2 Tito De Leon – Alfredo Adora

DEFENSE WITNESS
Ms. Maidy Alcantara

INTERPRETER :This honorable court of the Regional Trial Court Branch 5 with the
(USON) Honorable Judge John Noldan Agustin is now in session. All rise.

Let’s 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.
JUDGE (Bangs the gavel)
(AGUSTIN)
Take your seats.

Call the Case scheduled for Trial.

INTERPRETER
(USON) For the Trial

Criminal Case No. 23-0321-CRM PEOPLE OF THE PHILIPPINES V.

ALFREDO ADORA for violation of Article 294 of the Revised Penal
Code (Robbery)

JUDGE Appearances for prosecution and defense.

(AGUSTIN)

FISCAL Your honor, I am Prosecutor Michael Balawa, appearing for the

(BALAWA) prosecution
DEFENSE Your Honor, Atty. Venus Melendrez-Flores, appearing for the
(MELENDREZ- defense.
FLORES)

JUDGE Is the prosecution ready?

(AGUSTIN)

FISCAL : Ready, your Honor, we would like to present as our first witness
(BALAWA) the arresting officer in this case.

JUDGE : Alright. Call your witness.

(AGUSTIN)

FISCAL : Your Honor, we would like to call to the witness stand arresting
(BALAWA) officer Spo2 Tito De Leon

INTERPRETER : Please raise your right hand. Do you swear to tell the truth, the
(USON) whole truth and nothing but the truth before this court?

:
WITNESS Yes, Ma’am.
(ADORA as
SPO2 TITO DE
LEON)

INTERPRETER : Kindly state your name, age, civil status and your place of
(USON) assignment.

WITNESS : I am SPO2, TITO DE LEON 27 years old, married and

((ADORA as presently assigned at Station 10 Caloocan City Police Station.
SPO2 TITO DE
LEON)

INTERPRETER : ON THE WITNESS STAND, TITO DE LEON 27 years old,

(USON) married and presently assigned at Station 10 Caloocan City
Police Station.

FISCAL : Your Honor, the testimony of the witness is being offered to

(BALAWA) prove the material allegation in the Information and the arrest of
the accused.

May I proceed, your Honor?

JUDGE : Yes, proceed.

(AGUSTIN)
FISCAL : Mr. witness, where were you when the incident happened at
(BALAWA) around 7:30pm in front of Saint Dominic Savio College?

WITNESS : Sa araw na yun at sa oras ng pang yayari, I’m in front of Toto’s

(ADORA as car wash along quirino High way, Brgy 183, about 30 to 40
SPO2 TITO DE meters from Saint Dominic Savio rendering my duty as beat
LEON) patrol sa nasabing Lugar from 6PM to 6AM of the following
day po.

FISCAL : Can you tell us what happened that time?

(BALAWA)

WITNESS : Yes, sir.

(ADORA as Around 7:30 pm po ng araw na nangyari yung incidente, naka
SPO2 TITO DE duty na po ako as beat Patrol along Quirino Highway, Brgy 183,
LEON) Caloocan City. May narinig po akong babae sir na sumisigaw at
humihingi ng tulong sa tapat ng St. Dominic Savio College.
Paglingon ko po sa lugar ay, nakita ko po ang isang lalaki na naka
printed white t-shirt na may dala-dalang shoulder bag tapos karipas
po ang takbo sa direksyong papunta sa Mountain Heights
Subdivision, isang subdivison na malapit sa St. Dominic Savio
College at sa place of incident. Dahil may isang street light po
doon sa pinangyarihan at sa liwanag mula school ay kita ko po
ang kulay ng suot ng suspect at ang kanya dala dalang
pambabaeng bag.

Agad agad ko pong hinabol at gamit ang aking flashlight, nailawan

ko po yung parte na kung saan sya nagtago at dun nya ako
tinangkang saksakin ng ice pick na ginamit niyang panakot sa
biktima.

Dahil nalagay sa alanganin ang aking siguridad ay winarningan ko

sya na sumuko at ihagis saakin ang nasabing ice spick kasi bka
 mabugbog pa sya ng mga tambay sa loob ng subdivision. Agad
nya pong ginawa ang aking utos at dun ko na sya inaresto at
binasahan ko po sya ng kanyang mga karapatan o yung commonly
known na Miranda Rights.

Agad po akong tumawag sa investigador namin at sa Barangay

upong kami’y iasist. At sa isinagawang search sa place of arrest ay
dun po narekober yung bag na may laman ng mga I.D ng biktima,
pera at ibang valuables.

FISCAL Mr. witness can you describe kung anong klaseng icepick ang
(BALAWA) ginamit ng accused?

WITNESS Yes sir. Yung ginamit niya po ay ice pick na may kalawang po,
(ADORA as around 6 inches po.
SPO2 TITO DE
LEON)

FISCAL Your Honor, said object evidence was also marked as exhibit B
(BALAWA) attached in our Judicial Affidavit.

No further questions, Your Honor.

JUDGE Alright. Is the Defense would like to cross?

(AGUSTIN) Atty. Melendrez?

DEFENSE Yes, Your Honor.

(MELENDREZ)

JUDGE Okay, proceed.

(AGUSTIN)

DEFENSE Mr. witness, on the day of the incident, ikaw lang ba nag-iisang
(MELENDREZ) nagpapatrol?

WITNESS No, ma’am.

(ADORA as
SPO2 TITO DE
LEON)

DEFENSE Where are the other beat patrol?

(MELENDREZ)

WITNESS Yung buddy ko po ay naki CR sa Toto’s Car wash kung saan

(ADORA as dun din po ang Stand-by point namin mam.
SPO2 TITO DE
LEON)

DEFENSE
(MELENDREZ) In the place of the incident, you said that iisa lang yung street
light post. How are you sure na ang accused nga yung nag
commit ng robbery?

FISCAL Objection, Your Honor. Argumentative.

(BALAWA)

JUDGE Objection overruled. Go, proceed Mr. SPO2 De Leon

(AGUSTIN)

WITNESS
(ADORA as During that time po, sakto pong dumaan na sasakyan malinaw
SPO2 TITO DE ko pong nakita yung print sa T-shirt niya ay mukha ni Andrew
LEON) E kaya na identify ko po siya kaagad.

DEFENSE No further questions, Your Honor.

(MELENDREZ)

JUDGE Prosec. Balawa do you want to redirect?

(AGUSTIN)

FISCAL No, Your Honor. No further questions.

(BALAWA)

JUDGE Okay, Mr. witness you can now go back to your seat.
(AGUSTIN)

JUDGE
(AGUSTIN) Is there any witness pa from the prosecution?
PROSEC Your Honor, we would like to move to set the presentation of
(BALAWA) our last witness on May 2, 2023. Dr. Vicky Oleb will be our last
witness, Your Honor.

JUDGE Is there any objection from the defense on the motion of the
(AGUSTIN) prosecution?

May 2 yun baka nasa long vacation pa si Atty. Melendres.

DEFENSE No objection, Your Honor.

(MELENDRES-
FLORES)

JUDGE Okay, having no objection. Motion granted.

(AGUSTIN)
The prosecution will present their last witness, Dr. Vicky Oleb
on May 2, 2023.

Narrator Moving forward, after the presentation of

(USON) Prosecution’s last witness, the presentation of defense witness
was scheduled on May 9, 2023.

At this juncture, and without further ado, we will now proceed

to the presentation of defense witness proper.
JUDGE Is the defense ready?
(AGUSTIN)

Defense Counsel Ready, your Honor, we would like to present our witness.
(Melendres)

JUDGE Alright. Call your witness.

(AGUSTIN)

DEFENSE Your Honor, we would like to call to the witness stand Ms.
COUNSEL Maidy Alcantara, to prove that the accused was waiting to fetch
(Melendres) her girlfriend from work and thus also prove his innocence.

COURT Please raise your right hand. Do you swear to tell the truth, the
INTERPRETER whole truth and nothing but the truth before this court?
(USON)

DEFENSE Please state your name,age civil status and residence.

COUNSEL
(Melendres)
DEFENSE I am Maidy Alcantara, 21, single, resident of Mountain Heights
WITNESS Subd. Caloocan City
(AlCANTARA)
DEFENSE Ms. witness, kilala mo ba ang akusado at anong kaugnayan mo
COUNSEL sa kanya?
(MELENDRES)
DEFENSE
WITNESS Yes po kilala ko po siya, boyfriend po ng bestfriend ko na
(AlCANTARA) kasamahan ko sa boarding house.
DEFENSE Ms. witness, pwede mo ba isalaysay kung nasaan ka noong
COUNSEL January 1, 2023, mga bandang 7pm to 7:30 pm.
(MELENDRES)
DEFENSE
WITNESS Noong mga oras na iyon, napadaan ako sa place of arrest at
(AlCANTARA) nakita ko si Red naghihintay sa girlfriend galing work. Doon
siya usually naghihintay sa girlfriend niya na bestfriend ko.

DEFENSE No further questions your Honor.

COUNSEL
(MELENDRES)

JUDGE Is the prosecution would like to cross?

(AGUSTIN)

PROSEC
(MIKO) Yes, your Honor. May I proceed?

JUDGE Alright, proceed.

(AGUSTIN)
PROSEC Ms. witness, noong umuwi ka, nandon na ba ang bestfriend mo
(BALAWA) sa boarding house?

DEFENSE Objection, Your Honor. Irrelevant.

COUNSEL

PROSEC Your Honor, I don’t think my question is irrelevant. This is in

fact vital to my succeeding questions.

JUDGE Overruled. Answer the question Ms. witness

(AGUSTIN

Opo, nandoon po siya pag-uwi ko.

DEFENSE
WITNESS
(AlCANTARA
PROSEC Ms. Witness saan at anong oras ang trabaho ng bestfriend mo?
(BALAWA)

DEFENSE Objection, Your Honor. The question is again irrelevant.

COUNSEL

JUDGE Overruled. Please answer the question Ms. witness.

(AGUSTIN)
 Sa Robinsons Metroplaza po, along Quirino Highway po. 8am
DEFENSE to 5pm po.
WITNESS
(AlCANTARA)

Based on your answer, more or less 5 minutes lang ang biyahe

PROSEC based sa waze papunta doon sa place of arrest galing sa trabaho
(BALAWA) ng bestfriend mo.

Bakit around 7pm to 7:30pm na nandon parin si Alfredo

Adora?

DEFENSE Hindi ko po alam sir.

WITNESS
(AlCANTARA)

PROSEC No further questions your Honor.

(BALAWA)
JUDGE Atty. Melendres-Flores, do you want to re-direct?
(AGUSTIN)
DEFENSE No further questions, Your Honor
(MELENDRES-
FLORES)
JUDGE Okay, Ms. witness you can now go back to your seat.
(AGUSTIN)
JUDGE May witness ka pa ba Atty. Melendres-Flores?
(AGUSTIN)
DEFENSE Your Honor, we would like to present our last witness for the
(MELENDRES- defense. We would like to schedule it, Your Honor on May 18,
FLORES) 2023.
JUDGE Is it okay with the prosecution?
(AGUSTIN)

PROSEC Yes your Honor, we conform with the set schedule.

(BALAWA)
JUDGE Okay. Is there any concern from both parties?
(AGUSTIN)
DEFENSE None your Honor
(MELENDRES-
FLORES) and No further questions, Your Honor.
PROSEC
(BALAWA)

JUDGE Alright, having no further questions from the prosecution and

(AGUSTIN) defense, today’s TRIAL is hereby adjourned. The continuation
of presentation of defense witness will be on May 18, 2023. So
ordered.
NARRATOR
At this point, we will now proceed to the Promulgation of
Judgment
PROMULGATION OF JUDGMENT

JUDGE Call the case

(AGUSTIN)
CLERK OF Criminal Case No. 23-0321-CRM PEOPLE OF THE
COURT PHILIPPINES V. ALFREDO ADORA for violation of
(USON) Article 294 of the Revised Penal Code (Robbery)
FISCAL Good afternoon, your Honor, appearing from the Office of the
City Prosecutor, as public prosecutor.

COUNSEL Good afternoon, your Honor, appearing from the Public

Attorney’s Office, as public counsel representing the accused.

JUDGE Where is the accused?

(AGUSTIN)
COUNSEL The accused is here, your honor. Your Honor we move to read
(MELENDRES) only the dispositive portion of the judgment.

JUDGE ANY OBJECTION FROM THE PROSECUTION?

(AGUSTIN)

FISCAL No Objection Your Honor.

(BALAWA)

Judge Alright, Read only the dispositive portion.

(AGUSTIN)

CLERK OF WHEREFORE, in view of the foregoing

COURT disquisitions, the court finds ALFREDO ADORA,
(USON)
GUILTY beyond reasonable doubt of Robbery under
Article 294 of the Revised Penal Code. He is
sentenced to suffer the penalty of prision mayor in its
maximum period to reclusion temporal in its medium
period.
NARRATOR
Between the accused testimony amounting to mere alibi
and denial, and the positive identification and credible
testimony of the victim, and her witness the Court must
give weight to the latter, especially in the absence of ill
motive on their part to falsely testify against the accused.

Therefore, after due consideration of the evidence

presented by the parties, the court found that the
prosecution has proven the guilt of the accused beyond
reasonable doubt.
Again, we are the group 1, and we thank you.