Crimpro Report
Crimpro Report
JD NT 2 - WEDNESDAY 6:00-9:00
Court Visit
RTC BRANCH 5
Cebu City Hall of Justice
Port Area, Cebu City
I went to Branch 5 of the RTC Cebu City on November 29, 2019 at
around 9:00 in the morning. I have been to the RTC Branch 5 for
several times because of the court visit in the subject in First
Year and sometimes I accompanied my friend at work when I was not
yet enrolled in Law School. The judge of the RTC is Honorable
Ricky Jones Macabaya and the Prosecutor is Ma. Johanna D.
Calustre, my college classmate and good friend. There were about
ten of us when we visited the court and on that time the Public
Attorney’s Office Lawyer was on leave only the Substitute lawyer
from PAO was present thus the proceedings were limited to PLEA
and Arraignment only .
The arraignment I witnessed included several cases for the
violation of R. A. 9165 Comprehensive Dangerous Drugs Act under
Section 5, 7, 11 and 12. There was also two suspects arraigned
for the Violation of the Illegal Position of Firearms. All six
accused were arraigned individually. The very first thing asked
to the accused was if they have a counsel of its own and if he
doesn’t would he wished to be presented by the PAO Lawyer but all
of them opted to avail the services of the PAO. Secondly, it was
ask what language do they prefer, all of them opted to be
arraigned in the Visayan Dialect. Every after the ready they were
all made to sign the certification on arraignment.
I noticed that everytime the Judge asks questions were coursed it
through the interpreter then, throws it to the defendant in the
local dialect. All of them pleaded not guilty to the offense
charged, then the PAO officer informed the court that of their
wish to have a Plea Bargaining to a lesser offense with the
state. I also noticed that the PAO officer often ask them if they
do have other cases other than that tried. Luckily they were
first time offenders except for one with was Arraigned for the
Illegal Position of Firearms who happened to have a pending case
for the Violation of Sec. 5 of RA 9165 and the evidence yielded
from him was 8 grams of shabu thus he was not allowed to plea
bargain.
Below are the cases scheduled for hearing on that day that I have
attended:
1. People of the Philippines vs. Meden Gerona Bagalihog for
the crime of Estafa which was represented by a private counsel
and involving several drawn against insufficient funds checks;
2. People of the Philippines vs Pablito G. Nalzaro A.K.A.
Bobby Nalzaro, he was charged for 2 libel cases, the urgent
motion for further suspension of arraignment and proceedings was
granted by the court for the last time. The accused brought with
him media and there were several cameramen and reporters waiting
just outside the exit door of the court however the the accused
stayed there for less than ten minutes only;
3. People of the Philippines vs. Josefina Ygoña Sato Illegal
Number Game, violation of RA 9287 and the amount yielded from her
was only Php157.00, the Judge imposed penalty of Php 2,000.00 and
the accused pleaded guilty for the possession of the game
paraphernalia. I think the lady was arrested for the compliance
of the police in their quota arrest because the offense committed
is a very light offense and it is rampant everywhere.
4. People of the Philippines vs John Paul Dellsen violation
of RA 10591, everyone inside the court room was shocked by the
time Judge Macabaya asked the detainee of how old is he and he
the replied that he was only 17 years of age, a minor. The public
prosecutor said that his aged alleged in the information was 22
years old and in the police blotterit was charged that he was
seventeen (17) years old. The judge asked the prosecutor to amend
the information and the minor plead not guilty for such offense.
He looked minor to me though.
5. People of the Philippines vs Jorencio Reynes Zamora Jr.
violation of RA 10591 with a separate case of illegal possession
of drugs.
6. People of the Philippines vs Maria Loyda Balequatro for
the case of Estafa involving bouncing check. That case caused a
little pressure on the court’s present setting because the
counsel for the accused is over confident on his statements. He
put words/statements into the judge mouth making the judge
furious. But in the end the counsel asked for apology which was
accepted by the judge.
My exposure to the court has finalized my conviction to
pursue a career in the field of law and finish on what I have
started. The Honorable Judge was kind and only imposed fine which
was affordable to the economically restrained accused and offered
to those who plea bargained the least offense and penalty. I also
noticed that all the accused except for Mr. Nalzaro and the
Estafa accused are very poor and less educated based on their
appearance and statements in the court. I don’t know if they are
told to do so or if they were just scheming to look so pitiful. I
also noticed that the cases assigned to court are mixed up
because the last case in Branch 5 for that session was a
Naturalization case involving a Turkey National with a PWD
witness.