Doculara: Mario, Luigi and Maricel planned a heist against Metropacific Bank whose manager was

Mario’s girlfriend. They were able to successfully robbed the bank for the amount of Php. 5M at around
9:30 A.M. They used masks to hide themselves and guns to intimidate the bank personnel and the
depositors. No one was hurt. During the heist, Luigi and Mario got angry with a depositor, an old lady,
who was very talkative. Unafraid of the robbers, this old woman named Maritess, slapped Mario on his
face which resulted to Mario’s mask being removed. However, Mario immediately put back the mask.
Nevertheless, the CCTV footage did not catch his face but only his back. The robbers were accustomed to
the CCTVs and even the vault. They knew who had the code to open the vault and even identified the
manager of the bank without asking. Mario and the bank manager, Maria seemed to be looking at each
other as noticed by the bank security guard, Cholo.

During the post investigation, a picture frame was found at the manager’s table with a man who looks like
Mario, except that the guy with the manager on the photo had beard and hair. The robber Mario was
without beard and was bald. When shown to the old lady, she immediately identified the one on picture as
one of the robbers. The manager did not admit and denied that the robber was the same that on the
picture. She insisted that her boyfriend did not have a mole on the nose.

After the investigation, Mario was charged for the crime of Robbery and was eventually arrested. During
the arraignment Mario pleaded “Not Guilty” to the crime charge. Thereafter, pre-trial conference ensued
and was terminated and the case was set for trial.

What we will witness today is the trial stage of the case, where the prosecution will be presenting its
evidence to prove the crime charged in the Information.

(trial proper)

Clerk of Court/CI: All rise! The Honorable Judge ________________ is in court.

CI: The court is now in session. Silence is ordered. Please be seated.

Judge: (BANGS GAVEL TWO TIMES after the word Ordered) Call the case.

CI: Criminal Case No. 12345 People of the Philippines v.Mario Pineda, for Robbery.

Judge: Appearances?

Prosecution: Public Prosecutor Trisha Sunga appearing for the state, YH (State the other prosecutors)

Defense: Atty. Rhyan Conwi appearing for all the accused, YH

Judge: Present, your witness.

Prosecution: Yes, YH. May we call to the witness stand Mrs. Maritess Torres.
Judge: Swear in the witness.

CI: Mrs. Witness, please raise your right hand. Do you swear to tell the truth, the whole truth, and
nothing but the truth in this proceeding?
Witness: I Do.

CI: Please state your name, age, and other personal circumstances?

Witness: My Name is Maritess Torres, I am 80 years old, married, businesswoman and a resident of 366
Sitio Centro Del Pilar, San Fernando, Pampanga.

Prosecution: YH We are offering the testimony of this witness to prove the material allegations in the
Information, to prove what actually transpired on January 11, 2023 that led to the filing of the instant, for
her to identify some documents, for her to identify the accused, and to prove other relevant matters. May I
proceed, YH?

Judge: Yes. Proceed.

Defense: Subject to cross, YH.

PROSEC 1

Prosecution: Why are you here today?

Witness: To testify about a robbery that I witnessed last January 11, 2023..

Prosecution: Where were you on January 11 2023 at 9:30am?

Witness: At the bank

Prosecution: Which bank were you at?

Witness: Metropacific Bank

Prosecution: You said you were at the metro pacific bank, which Metropacific Bank?
Witness: Metropacific Bank, San Fernando

Prosecution: Madam Witness why were you at the bank?

Witness: To deposit my money

PROSEC 2

Prosecution: Madam witness, did you notice anything unusual happened?

Witness: I noticed the robbers went inside and they have their masks on

Prosecution: What did robbers say when they entered the bank, Madam witness?
Witness: They shouted and said this is robbery and commanded us to kneel down.

Prosecution: What happened next if any?

Witness: The robber approached the manager and went where the vault was located
Prosecution: What happened next?
Witness: I took a glimpse and saw the bank manager talking to the robber and I was able to hear the bank
manager say the name of the robber.

PROSEC 3
Prosecution: What was the name you heard, Madam witness?
Witness: I heard the bank manager say Mario.

Prosecution: What happened then?

Witness: The two bank robbers approached me and held the gun on me which made me hysterical that
caused me to start to nag.

Prosecution: After that what happened?

Witness: Mario (robber) approached me because he got annoyed. I panicked which led me into slapping
him. His mask fell off and I was able to see his face.

Prosecution: What else did you see?

Witness: I saw his face and in my peripheral vision I saw a glimpse of the picture frame that looks like
Mario along with the manager.

PROSEC 4
Prosecution: Can you describe him?
Witness: He is bald, without beard, medium built, with a flat mole on the tip of his nose, and he is
wearing a white long sleeve.

Prosecution: Is the person you just described whom you said the accused present in this courtroom right
now?
Witness: Yes, Ma’am.

Prosecution: Will you please point to us the accused in this case?

Witness: That man wearing a green shirt. (witness pointed someone in the courtroom)

CI: The witness is pointing to a man seated on the first row of the courtroom wearing a green shirt.
Witness: The man being pointed by the accused please stand up and state your name.

Accused: (Stand) I am Mario Pineda.

CI: Thank you, Sir, you may take your seat.

Prosecution: I am through with the witness. I move that the direct testimony of this witness be part of her
testimony.

—---------------------------------------------------------------------------------------------------------------------------

Judge: Cross.

Atty. Conwi:
With the kind permission of the Honorable Court, may we proceed?
Judge:
Proceed.

Atty. Conwi:
Q- Madam witness you testified that you went to the Metropacific bank to deposit money is that
correct?

A- Yes sir.

Q- You also mentioned a while ago madam witness that you are 80 years old, is that correct?

A- Yes sir.

Q- Did you go to the bank alone or someone accompanied you?

A- Someone accompanied me sir.

Q- Why do you need a companion madam witness?

A- For my safety sir because I am already old.

Q- In making your deposit was it you who filled up the necessary form in relation to your
transaction?

A- No sir.

Q- Who did that for you madam witness?

A- My companion sir.

Q- Why is that madam witness?

A- I have poor eyesight because of my old age sir.

Q- So you have poor eye sight, are you saying madam witness you find it difficult to read and fill-up
the forms?

A- Yes sir.

Q- By the way madam witness how long have you been a depositor of Metropacific bank?

A- About one (1) year sir.

Q- One year and yet you did not know the manager because as you testified a while ago you were
only able to identify the manager through her name tag. Is that correct?

A- Yes sir.
Q- And despite of your poor eye sight you were able to see and read her name tag is that correct
madam witness?

A- Yes sir.

Q- Madam witness a while ago you identified a photograph marked by the prosecution as Exhibit
“A”, do you remember that?

A- Yes sir.

Q- And you said you are familiar with the persons depicted in the picture, is that correct?

A- Yes sir.

Q- And you testified that reason you are familiar with those persons depicted in the photograph, is
you recognize them during the heist?

A- Yes sir.

Q- Are you now saying madam witness that that was the first time you saw the bank manager despite
being a Metropacific bank depositor for a year now?

A- Yes sir.

Q- Now, you also testified that when you slapped one of the robbers, his mask fell off, is that
correct?

A- Yes sir.

Q- When his mask fell off what did the robber do next if any?

A- He immediately put it back on sir.

Q- He immediately put it back on, so are you trying to say madam witness you only saw a glimpse of
the robber’s face because as you said the robber immediately put his mask back on is that correct?

A- No sir I saw his face.

Q- And how long was that madam witness, was it just a matter of seconds or minutes?

A- Seconds sir.

Q- How many?

A- About five seconds sir.

Q- Five seconds and despite your poor eyesight you were able to described the suspect including that
flat mole on his nose?
A- Yes sir.

Q- Do you remember if the robber was wearing any jewelry that time madam witness?

A- No sir I don’t remember.

Q- Now going back to the photograph marked as Exhibit “A” for the prosecution ….

Atty. Conwi:
Your Honor may we confront the witness with said photograph?

Judge:
Granted.

Atty. Conwi:
Thank you Your Honor.

Q- Madam witness in this photograph you identified a while ago, can you confirm that the man
depicted therein has hair and a beard?

A- Yes sir.

Q- Would you agree then that the person you identified in open court does not have the same
features as the man depicted in the photograph?

A- Yes sir.

Atty. Conwi:
That will be all for the witness Your Honor.

Judge: Redirect?

Fiscal: No redirect.

Judge: Witness is excused. You may step down. What is your move?

Fiscal: May I move for continuance, YH to present our next witness on the next scheduled hearing?

Defense: No objection, YH.

Judge: Granted.
Order.
When this case was called for presentation of the 2 nd witness for the prosecution, present were Public
Prosecutor Trisha Sunga and Atty. Rhyan Conwi for the defense. Also present were the complainant and
the accused.
Maritess Torres was placed to the witness stand and completed her. Thereafter, the prosecution
moved for a continuance. Without objection from the defense, said motion was granted.

Set the presentation of the 3rd witness for the prosecution of August 29, 2023 at 9:00 am.
SO ORDERED.
Judge: No other case?
CI: None, YH. All rise.
CI: Session adjourned.
Judge: (gavel)
--end–