SCRIPT

FRUSTRATED MURDER
People vs. Jerry Uy
Characters:

Judge : n/a
Prosecution Counsel : Alexander Suarez
Prosecution Witness : Melvin Balbastro (Star witness/roommate)
Corazon Escabel (Store-owner/complainant)
Danilo Strella (co-worker)
Michael Villavicencio – Brgy. tanod
Nestor Luzong – Brgy. tanod
Victim : “Renzo” – 16 y/o
Defense Counsel : n/a
Defense Witness : none
Accused : Jerry Uy
Clerk of Court : n/a
Interpreter : n/a

Setting 1
ARRAIGNMENT
Date:_____

All Rise.
The Court is now in session, silence is hereby enjoined. Hon. __,
Presiding
PRAYER: Almighty God, we stand in your Holy Presence as our
Supreme Judge. We humbly beseech You bless and inspire us so that
Clerk of Court 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 be
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.
(Stamp gavel) Sit
Judge
Call the case.
Crim. Case No. NPS Docket No. XV-04-INQ
Clerk of Court People of the Philippines vs. Jerry Uy
For Frustrated Murder under Art. 248 of the RPC for ARRAIGNMENT
Judge Any appearances?
Prosecution Counsel For the Government, Your Honor, ready
Defense Counsel For the defense, ready, Your Honor.
Judge Is the accused present? Ready for arraignment?
Prosecution Counsel Yes, Your Honor, ready.
Judge Okay, arraign the accused.
Sheriff (Assisting the accused to the witness stand)
Clerk of Court What language/dialect do you understand?
Accused English
(Read the information)
People of the Philippines Vs. Jerry Uy
Criminal Case No. NPS Docket No. XV-04-INQ

Accused Jerry Uy commits a crime of Frustrated Murder under Art.

Clerk of Court
248 of the RPC, committed as follows:

That on or about the 13th day of September, 2014,in the city of LP,
within the jurisdiction of this court, the said accused, with intent to
kill, did then and there willfully, unlawfully, and feloniously attack,
 assault, and use personal violence upon one “Renzo”, 16 y/o by then
and there repeatedly stabbing him with a fan knife (balisong), thus
performing acts of execution which would produce the crime of
murder as a consequence but which nevertheless did not produce it
by reason of causes independent of the will of the accused that is
because of the timely and able medical assistance rendered to said
Renzo which prevented his death.

Do you understand the allegations of the facts? (yes)

What is your plea?
Accused NOT GUILTY, your Honor.
Your Honor, after having arraigned, the accused pleaded NOT GUILTY
Clerk of Court
to the crime charged.
Order
Set the Preliminary Conference to January 16 at 9 o’ clock in the
Judge morning.

So ORDERED.

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Setting 2
PRELIMINARY CONFERENCE
January 16, 2017

Good Morning Fiscal ---- and Atty. ___are we ready for the
Clerk of court
preliminary conference?
Prosecution counsel Yes, we are ready.
Defense counsel Ready, Ma’am.
Clerk of court What is your documentary evidence, Fiscal?
The prosecution would like to present as documentary and object
evidence the following:
1. Exhibit “A” – the sworn statement of the witness Melvin
Balbastro consisting of three pages and its purpose to prove
the material allegations in the information.
2. Exhibit “B” – the sworn statement of Danilo Strella and its
purpose to corroborate the allegations of the witness Melvin
Balbastro.
3. Exhibit “C” – the sworn statement of Corazon Escabel and its
Prosecution counsel purpose to corroborate the allegations of the witness Melvin
Balbastro.
4. Exhibit “D” – the Medico-legal Certificate dated September
14, 2014.
5. Exhibit “E” – Fan knife (balisong) (object evidence) to prove
that this is the instrument used in the attempt of killing the
victim. As part of the testimony of Melvin Balbastro, to prove
that the accused used the said knife in killing the victim.
6. Exhibit “F” – Certificate of Live Birth to prove that the victim is
a minor.
Clerk of court Any objection from the defense counsel?
Exhibit F is not relevant. Minority is not essential to prove the
Defense counsel
allegations in the information.
Clerk of court How about for the documentary evidence of the defense?
For the accused, we reserve our evidences during the pre-trial
Defense counsel
conference, if there is any.
Clerk of court Any objection from prosecution counsel?
Prosecution counsel No objection for the meantime, Ma’am.
Clerk of court Okay. How about your witnesses?
Prosecution counsel As to our witness, we have the eye witness Melvin Balbastro.
Defense counsel For the defense, we would like to present the accused Jerry Uy.
Clerk of court Is there possibility of settlement, counsels?
Prosecution counsel Very remote.
Defense counsel Not possible.
Clerk of court Stipulation of facts.
The jurisdiction of the Court is admitted.
Prosecution counsel The victim and the accused are co-workers in Escabel Store is
admitted.
The victim’s injury due to hacking is not admitted.
Defense counsel Identity of the accused is admitted.
The weapon used is a bolo is not admitted.
Clerk of court Any more or other matters?
Defense counsel As for now, we have no more things to discuss.
Same here, we reserve to have additional witnesses and evidence
Prosecution counsel
during the pre-trial conference, if there is any.
Clerk of court Okay counsels, when will be the pre-trial conference?
Prosecution counsel On _____
Defense counsel Okay, I am also available on that date.
Okay, _______ is the pre-trial conference. Thank you, counsels. Have
Clerk of court
a good day.
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Setting 3
PRE-TRIAL CONFERENCE
Date: ______

All rise.
The court is now in session, silence is hereby enjoined, Hon. Jerry
Clerk of court
Baliola, Presiding.
- - - PRAYER - - - -
(Stamp gavel) Sit
Judge
Call the case.
Crim. Case No. NPS Docket No. XV-04-INQ
People of the Philippines vs. Jerry Uy
Clerk of court
For Frustrated Murder under Art. 248 of the RPC for PRE-TRIAL
CONFERENCE
Judge Appearances?
Prosecution counsel For the Government, Your Honor, ready.
Defense counsel For the defense, ready, Your Honor.
Your Honor, may we pray that the Minutes of the Preliminary
Prosecution counsel
Conference be adopted as part of the Pre-Trial Conference?
Judge Any objection, counsel?
No objection, Your Honor. We conformed to the manifestation of the
Defense counsel
Prosecutor, Your Honor.
Order
In today’s Pre-Trial Conference, both the prosecution and the defense
agreed to adopt the minutes taken during the preliminary conference
Judge
on September 03, 2012.
Set this case for trial on ______.
SO ORDERED.
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 Setting 4 (TRIAL PROPER)
1st WITNESS FOR THE PROSECUTION
Date;_____
Melvin Balbastro

All Rise. Let us remain standing and join in praying for prayer
PRAYER: Almighty God, we stand in your presence as our supreme
judge, we humbly beset you to bless and inspire us so that what we
think, say and do will in accordance with your will. Enlighten our
minds, strengthen our spirit and fill our hearts with fraternal love,
Clerk of Court
justice and peace in our proceedings today, guide us in the path of
righteousness for Your fulfillment of Your greater glory.

WITNESS, the Honorable Judge ____, Presiding. Silence is hereby

enjoined.
(Stamp gavel) Sit
Judge
Call the case.
Crim. Case No. NPS Docket No. XV-04-INQ
People of the Philippines vs. Jerry Uy
Clerk of Court
For Frustrated Murder under Art. 248 of the RPC for the presentation
of evidence by the Prosecution.
Judge Appearances?
Entering my appearance for the State, your Honor. We are ready to
Prosecution Counsel
present our witness, Melvin Balbastro.
Defense Counsel Entering my appearance as counsel for the accused, your Honor.
Judge Okay, present your witness
Prosecution counsel I am presenting to the witness stand the witness, your Honor.
Judge Swear the witness.
Raise your right hand. Do you swear to tell the truth, the whole truth
Interpreter
and nothing but the truth?
Witness I do.
Interpreter Please state your name and other personal circumstances.
I am Melvin Balbastro. Single, working as a “boy” in Escable Store and
Witness
currently living in the said store located at ___Pilar Village, LP City.
Interpreter The witness is now ready, your Honor.
Judge Prosecution counsel, your witness is now ready.
With the kind permission of the Honorable Court, we are offering the
testimony of this witness Your Honor to prove the material
allegations in the criminal information; to identify the perpetrator
Prosecution counsel
and likewise to identify some documents namely affidavit he
executed in relation to this case and to testify on other matters
relative thereto, Your Honor.
Judge Any comment defense counsel to the offer?
Defense counsel We reserve our right to conduct cross-examination, Your Honor.
Judge You may now proceed.
With regard with the Criminal Case No. ___, Did you execute an
Prosecution counsel
affidavit?
Witness Yes.
Showing to you an affidavit, what is the relation of this affidavit to
Prosecution counsel
you?
Witness My affidavit
Prosecution counsel Above the name affiant, Melvin Balbastro, Whose name is this?
Witness My name
Prosecution counsel Above the name Balbastro, whose signature is this?
Witness My signature
We pray that the signature of Jade Salingay will be mark as “Exhibit A-
Prosecution counsel
1”
Judge Mark it.
Prosecution counsel Before whom did you execute this affidavit?
Witness Atty. ______
Above the name of Atty. _____, There appears a signature. Whose
Prosecution counsel
signature is this?
Witness Signature of Atty. Reagan Bolando
Prosecution counsel We pray that the signature of Atty. __ be marked as “Exhibit C-2”
Prosecution counsel Do you affirm and confirm the authenticity of this affidavit?
Witness Yes.
Prosecution counsel Where were you on the night of September 13, 2014?
Earlier that evening we were having a drinking session in the house of
Witness our boss Cora Escabel. At about 10:20 in the evening I was already in
the store where we are working as stay-in helpers.
Prosecution counsel With whom are you having drinking session earlier that evening?
I was with Esray escabel,Dan, Cart escabel, Jerry Uy, Renzo and Kuya
Witness
Bobot.
Prosecution counsel And what happened after the drinking session?
After having 2 shots, me and Renzo went upstairs to use their
computer while the others are still drinking. After a while, Dan
requested that we go back to the store where we are staying in. Ate
Ebeth took us there. We immediately prepared for sleep and then we
proceeded to our respective rooms. I was sharing room with Renzo
while Dan is sharing room with Jerry. As we laid for sleep, we heard
murmurs outside but I was not able to recognize what the murmurs
were about as I was talking to my mother through my phone. Then, I
Witness asked Renzo what time it was and he said it’s 10;20pm already. I
heard Dan and Jerry walked out of their room. Suddenly, someone
banged the door of our room. Jerry came in and immediately stabbed
Renzo of his balisong while the latter is laying on the bed. Renzo got
up and tried to stop Jerry however, Jerry continued the stabbing and
waived his balisong. As I was shocked and in panic, I ran outside.
After a while, I saw the two on the floor. Renzo was on top of Jerry
holding the latter’s hand. And then, immediately grabbed the
balisong that Jerry was holding.
Can you describe to this Honorable court the knife that you are
Prosecution counsel
talking about.
I do not know what kind of knife is it but I am sure that it is stainless
Witness
and is about 9 inches long including the handle.
I am showing to you a knife, is this the instrument you are referring to
Prosecution counsel
which Jerry used in hacking Renzo?
Witness Yes, Ma’am.
May we pray Your Honor that this object evidence be marked as Exh.
Prosecution counsel
“E” as previously marked during the preliminary conference.
Judge Mark it accordingly.
Prosecution counsel
Witness
Prosecution counsel
Judge
Prosecution counsel
Witness Yes, Sir.
Prosecution counsel When did this happen?
Witness It happened on June 26, 2012.
You mentioned that the incident happened on June 26, 2012, what is
Prosecution counsel the time when you said that you were hacked by your husband
Madame witness?
Witness At around 10 o’ clock in the evening
Can you recall Madame witness where were you sometime in June
Prosecution counsel
26, 2012 at around 10 o’clock in the evening?
Witness Yes, Ma’am
Prosecution counsel And where were you in particular when did the incident took place?
Witness 1 I was in my house with my children getting ready to sleep.
Prosecution counsel What happened next?
I heard my husband shouting at me. He was outside the house trying
Witness
to open the gate.
Prosecution counsel What did you do, if any?
Witness I stood up and opened the door.
Any untoward incident that occurred when you opened the door for
Prosecution counsel
him?
I was shocked and surprised when he came running towards me and
Witness hacked me with his bolo which fortunately, I evaded his strike and
only my chin got injured by the tip of his bolo.
Prosecution counsel Prior to that hacking incident, what else had you observed?
After opening the door, I saw my husband carrying a bolo and was
Witness
running towards me.
Prosecution counsel What else?
Witness His stance was in striking position.
Prosecution counsel If the bolo will be shown to you, will you be able to identify it?
Witness Yes, Ma’am.
I am showing to you a bolo, is this the instrument you are referring to
Prosecution counsel
which your husband used in hacking you?
Witness Yes, Ma’am. This is the one.
May we pray Your Honor that this object evidence be marked as Exh.
Prosecution
“E” as previously marked during the preliminary conference.
Judge Mark it accordingly.
You said you were injured. Did you secure a medical certificate in
Prosecution counsel
relation to that incident?
Witness Yes, Ma’am.
Part of the records of this case is a medical certificate issued in your
Prosecution counsel favor, will you kindly go over this and tell the honorable court if this is
the same medical certificate issued in your favor.
Yes, Ma’am. This is the same medical certificate issued to me right
Witness
after the incident.
May I manifest your honor that this medical certificate was marked
Prosecution counsel during preliminary conference as Exh. “C”. May we pray that the
same marking be adopted.
Judge Mark it accordingly.
Now after you were hit at your chin by the tip of his bolo what did
Prosecution counsel you do?
What happened next?
I rolled down on the ground. I ran with fear trying to escape from my
Witness
husband’s evil intent.
Prosecution counsel What transpired next?
Witness I went to the barangay captain’s house to seek protection.
Prosecution counsel Then?
My sister arrived upon knowing of the incident and asked me if I am
Witness
willing to file a case against my husband.
Madame witness, in relation to this case, do you remember having
Prosecution counsel executed or give your statement to any authority regarding this
matter?
Witness Yes, Ma’am.
Prosecution counsel That would be all, Your Honor.
CROSS-EXAMINATION BY DEFENSE COUNSEL
Judge Cross-examination by the defense?
Defense counsel Just a few questions, Your Honor.
Judge Subject to cross. Proceed.
 With the kind permission of this honorable court.
Defense counsel
How many times did your husband physically harm you.
I can’t barely count how many times he beat me. But a lot of times
Witness
since we got married.
Can you recall when was the first time your husband did physically
Defense counsel
harm you?
Witness I cannot recall when was the first time, Sir.
Defense counsel How were you physically harmed by your husband?
Witness By slapping me in the face.
You said here that it caused you physical, psychological and
Defense counsel
emotional abuses. Is it correct?
Witness Yes, Sir.
Now, can you tell us how did your husband physically, psychologically
Defense counsel
and emotionally abuse you?
Witness Shouting and insulting me.
Did you consult any psychiatrist to prove that you are psychologically
Defense counsel
and emotionally abused?
Witness I have not, Sir.
On Dec. 22, 2011 can you recall how were you physically harmed by
Defense counsel
your husband?
I was struck by my husband with the use of his bolo and hit me in my
Witness
chin.
You said that you were harmed by your husband several times. Did
Defense counsel you report any of those physical harm to the police and have it
blathered prior to the filing of this case.
Witness No. I have not, Sir.
Defense Counsel No more further questions, Your Honor.
Judge Re-direct from prosecution?
Prosecution No. That would be all, Your Honor.
Judge Any more witness for the prosecution counsel?
Your Honor, I have no more witness to present. I would like to make
Prosecution counsel
now our formal offer of evidence.
Judge Granted. You may now formally offer your evidence now.
Thank you, Your Honor.
Your Honor, I respectfully offer our evidence as follows:

1. Exhibit “A and A-1” – the sworn statement of the complainant

MARIBELLE M. VILLO consisting of two pages and its purpose
to prove the material allegations in the information.
2. Exhibit “A-2” – the signature of MARIBELLE M. VILLO.
3. Exhibit “B and B-1” – the sworn statement of Marjory Jane M.
Villo and its purpose to corroborate the allegations of the
witness MARIBELLE M. VILLO.
4. Exhibit “B-2” - the signature of Marjory Jane M. Villo
5. Exhibit “C and C-1” – the Medical Certificate dater December
Prosecution counsel 22, 2012.
6. Exhibit “D” – the contract of marriage between Peter Christian
S. Balbuena and Maribelle M. Villo to prove that they are
legally married.
7. Exhibit “E” – Bolo (object evidence) to prove that this is the
instrument used in the attempt of killing the victim. As part of
the testimony of Maribelle M. Villo, to prove that the accused
had the intent of killing the former.

With all the foregoing documentary exhibits in addition to the oral

testimonies of Maribelle M. Villo, the prosecution hereby respectfully
rests their case.
 Respectfully submitted.
Judge Any objection from the defense?
Exhibit “A and A-1”, the sworn statement of the complainant is
objected for being self serving, Your honor.
Defense Counsel Exhibit “C”, the medical certificate is objected because the doctor
who issued the medical certificate was not put to witness stand.
As to other exhibits, no objection, Your Honor.
ORDER
The Prosecution counsel manifested that it has no more witness to
present. The prosecution counsel offered the Exhibits A to E and sub-
Judge
markings. Such exhibits are admitted as prosecution’s evidence
considering that these exhibits are not disqualified under the rules of
evidence.
Defense counsel, Are you ready to present your witness this
Judge
afternoon?
We are not presenting any witnesses, Your Honor; we will submit the
Defense counsel same for judgment of this honorable court.
We, therefore, respectfully rest our case.
Granted.

Considering the manifestation of both counsels, let this case deemed

submitted for decision.
Judge
The parties are given thirty (30) days from today to submit their
respective memoranda to be filed simultaneously.

SO ORDERED.

Setting 5
PROMULGATION OF JUDGMENT
August 30, 2012

All Rise
Clerk of Court
PRAYER
Judge Call the case.
Crim. Case No. 101010
People of the Philippines versus Peter Christian S. Balbuena For
Clerk of Court
ATTEMPTED PARRICIDE in relation to R.A. 9262 for PROMULGATION
OF JUDGMENT.
Judge Appearance?
Prosecution counsel For the Government, Your Honor, we are ready.
Defense counsel For the defense, ready, Your Honor.
Judge Is the accused present?
Clerk of Court He is present, Your Honor.
Judge Read the decision.
Defense counsel May we pray, Your Honor, that only the decretal portion of the
decision will be read.
Judge Okay. Read only the WHEREFORE clause.
Wherefore, premises considered, this court finds the accused PETER
CHRISTIAN S. BALBUENA, guilty beyond reasonable doubt. He is
hereby sentenced to suffer under the indeterminate sentence law the
penalty of imprisonment of 2 years and 4 months and 1 day of prision
correccional as minimum to 8 years and 10 months of prision mayor
Clerk of Court medium and maximum. The said accused is likewise directed to
indemnify the complainant the amount of P 15, 000 and as moral
damages to pay the complainant in the amount of P 50, 000 and
exemplary damages in the amount of P 25, 000. The number of days
that said accused is under preventive detention shall be credited in
his favor.
DEFENSE EVIDENCE

The defense did not present any evidence to prove their defense. The accused waive his right
against self - incrimination.

On August 23, 2012, the prosecution orally offered their documentary and testimonial
evidence. Exhibit A and its sub markings, Exhibit B and C are admitted as prosecutions
documentary evidence.