ARRAIGNMENT

CRIMINAL CASE NO. ___________

PEOPLE OF THE PHILIPPINES V. _________________

Clerk of Court: All rise! The Court is now in session, silence is hereby enjoined.
Honorable Judge JO-AN C. PABLO, presiding. 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: Court is now in session. (stamp gavel) Call the cases.

ARRAIGNMENT

Clerk of Court: For arraignment, Criminal Case No. __________ People of the
Philippines v. ___________________________ for ____________________________.

Clerk of Court: Appearance for Prosecution and the Defense.

Prosecution: Your honor, I am__________, appearing as a public prosecutor.

Defense: Your honor, I am Atty._________, defense counsel for the accused.

Judge: Is the accused around?

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

Judge: Arraign the accused.

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

Accused: English

Accused: Yes, I do.

Court Interpreter: Criminal case No.____________. People of the Philippines vs.

________________.

Accused _____________commits a crime for violation of Section 11, Article II of R.A.

9165, possession of Dangerous Drugs.

That on 14th May of 2017, in the City of Manila, Philippines, and within the jurisdiction
of this Honorable Court, the accused, without authority of law, did then and there
willfully, unlawfully and feloniously have in possession, custody and control
Methamphetamine Hydrochloride (Shabu) weighing 3.0 grams, knowing that same to be
dangerous drug under the provisions of the above-cited law.

Contrary to law.

Judge: 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.

Judge: Let it be on the record that the accused pleaded not guilty for the crime of
possession of Dangerous Drugs, pursuant to Section 11, Article II of R.A. 9165. The
information was read to him in English, a language known and understood by the
accused. Also, Atty. Paul Ronald Dagdagan, the defense counsel of the accused assisted
him in this arraignment.

PRE-TRIAL CONFERENCE

Clerk of Court: Criminal Case No. 2017-111123 People of the Philippines v. Noel Cruz
Alarcon for violation of Section 11, Article II of Republic Act 9165, Possession of
Dangerous Drugs, for pre-trial conference.

Judge: Appearances?

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

Defense: Good morning, Your Honor, I am Atty. Richard Ilagan, defense counsel of the
accused.

Judge: 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.

Judge: 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:

[marking]

Court: Show your documents to the Defense.

Does the defense admit the genuineness and due execution of the documents.
Defense: Yes, Your Honor.
Court: The defense admits the genuineness and due execution of Exhibits A-E.

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.
Judge: 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 these be marked as follows:

 Exhibit A – Blotter Complaint of Bernadette Abdon before Dulangan 1, Puerto

Galera
 Exhibit B – Minutes of Mediation between Bernadette Abdon and Benito De
Leon
 Exhibit B-1 – Summons for Mediation dated February 10, 2022
 Exhibit B-2 - Summons for Mediation dated February 28, 2022
 Exhibit B-3 - Summons for Mediation dated March 10, 2022
 Exhibit C – Certificate to File Action against Benito De Leon
 Exhibit D – Certificate from Barangay Dulangan 1, Puerto Galera that Benito De
Leon did not file any complaint/blotter against Joevit Abdon and James Kendrick
Abdon
 Exhibit F – Certificate from Sangguniang Bayan of Puerto Galera

Defense: The defense, 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

Judge: recognized, subject to the 3-day notice rule, otherwise the evidence shall not be
considered by the 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: Lastly, the date and place of the commission of the crime.

Defense: We admit your Honor.

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

Judge: Alright. Any objection from prosecution counsels?

Kristian: No objection for the meantime, Your Honor.

Judge: Okay.

Defense: With the permission of the Honorable Court. Your Honor Please, the defense
requests for the admission by the prosecution of the following exhibits already earlier
pre-marked.

FIRST, CHEMISTRY REPORT NO. D-100-1, the genuineness and due

execution of the said PNP Crime Laboratory result issued by the National Crime
Laboratory, Camp Crame and the truth and findings of facts therein stated to
dispense with the necessity of presenting expert testimony on the matter. The
 Crime Laboratory result of the items confiscated from the accused is pre-marked
as Exh. ___ for the defense and we are showing the prosecution and court a copy
of it.

Kenneth: The prosecutor admits Your Honor.

Defense: SECOND, we would like to request for the admission by the prosecution of the
Spot Report issued by the Police Chief Inspector and the Chain of Custody Form pre-
marked as Exhibits __ and ___, to recognize the compliance of the PNP Operatives to the
standard protocol.

Kenneth: We admit, Your Honor.

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

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

Kenneth: We submit, Your Honor.

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

Kenneth: Your Honor Please, the prosecution submits issued to be resolved, whether the
accused committed the offense charged in the Information.

Judge: How about the defense?

Defense: Yes Your Honor, the defense submits the same issue as the prosecution of
Whether the defendant committed the offense charged in the Information.

Judge: Okay. How about the witnesses

Joselito: The prosecution will present 5 witnesses, Your Honor.

First, SPO2 Jake Zyrus, one of the Arresting Officer to prove that a
surveillance operation was conducted that led to the arrest of the accused;
Second, PO1 Elmo Magallona, one of the Arresting Officer who delivered
the confiscated items to the PNP-NCLAB to prove the compliance of the
Chain of Custody;
Third, Kara David, a media practitioner to prove that the arresting team
conducted the surveillance operation, arrest and proper processing of the
suspect;
Fourth, Kagawad Anjo Yllana to prove that coordination was made and
the confiscated substance came to the possession of the suspect; and
Fifth, Dra. Carolina Garcia, to testify that she conducted the laboratory
examination of the confiscated substance and the final result thereof after
undergoing laboratory chemistry.

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

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

Defense: Your Honor Please, the defense will present 7 witnesses, namely:
1. The defendants themselves, Joevit Abdon
2. James Kendrick D. Abdon
3. Bernadette Abdon
4. Jorge Abdon
 5. Doronela Donato
6. Maricar Valenton
7. Rey Mark Corona

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

Judge: Any other matters?

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

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

Both: Yes, Your Honor.

Judge: 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.
2.
3.
ISSUES TO BE TRIED OR RESOLVED

The prosecution would like the following issues to be resolved:

1. Whether or not
2.
3.

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

1. Whether or not
2.
3.

EXHIBITS MARKED AS DOCUMENTS

The prosecution marked the following exhibits:

1. Exhibit A –
2. Exhibit B -
3.

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:

1. Exhibit 1
 2. Exhibit 2

WITNESSES TO BE PRESENTED

The prosecution will present the following witnesses:

1)
2)
3)

The defense will present the following witnesses:

1) The defendant himself,
2) The defendant’s neighbor;

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.