SCRIPT: ARRAIGNMENT

JUDGE: JEORGIA MARIE TINSAY

CLERK OF COURT: JUNALLIEZ QUINLOG
COURT INTERPRETER: JUNALLIEZ QUINLOG
COURT STENOGRAPHER: JUNALLIEZ QUINLOG
PRIVATE PROSECUTOR: __________________
DEFENSE COUNSEL: ______________________

CRIMINAL CASE NO. CR-ORD-2016-628

PEOPLE OF THE PHILIPPINES V. KAG. ROLANDO AGBO

Clerk of Court: All rise! Honorable Judge Jeorgia Marie Tinsay is in court. 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.

(Tatayo lahat)

Judge: Court is now in session. Call the cases.

(Upo lahat)

ARRAIGNMENT

(Tatayo Clerk of Court, Private Prosecutor, Court Interpreter, Accused and

Defense Counsel.)

Clerk of Court: For arraignment: Criminal Case No. CR-ORD-2016-628 People

of the Philippines v. KAG. ROLANDO AGBO for the crime of murder.

CC: Appearance for prosecution and the defense.

Atty. ___________: Your honor, I am Atty. _________ appearing as a private

prosecutor under the direct control and supervision of the public prosecutor.

Defense Counsel: Your honor, I am _______________ defense counsel of the

accused.
Judge: Is the accused around?

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

Judge: Do you have a lawyer or do you want the court to appoint a lawyer?

Big Bad Wolf: I have a lawyer your honor.

Defense Counsel: Your honor, I am the counsel of the accused.

Judge: Noted.

Judge: Arraign the accused.

Court Interpreter: Criminal Case No. CR-ORD-2016-628 People of the

Philippines v. KAG. ROLANDO AGBO for the crime of murder.

Accused KAG. ROLANDO AGBO commits a crime of Murder

That on November 27, 2015, at around 6:00 in the morning, at Taglimao,

Cagayan de Oro City, Philippines,, and within the jurisdiction of this Honorable
Court, the said accused, while armed with a shotgun with which he conveniently
provided himself, with intent to kill, qualified by treachery, did then and there
willfully, unlawfully and feloniously, attack, assault, and shoot with the same gun,
one Glendon E. Paborada, thereby inflicting upon the latter “Multiple gunshot
wounds to the face and head”, that caused his immediate death, to the damage
and prejudice of the heir of Glendon E. Paborada.

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
Murder. The information was read to him in English, a language known and
understood by the accused. Also, Atty. ____________ the defense counsel of the
accused assisted him in this arraignment.
Atty. Kalerqui: Your honor, we would like to set the case for pre-trial on January
25, 2015.

Judge: Are you amenable with the schedule defense counsel?

Defense Counsel: Yes your honor.

Judge: Ok set the pre-trial of the case on January 25, 2016. We only have one
case for today?

Court Stenographer: Yes, your honor.

Judge: In today’s trial, the arraignment of Big Bad Wolf (accused) in Criminal
Case No. 12345 is conducted. The information is read to him in English a
language known and understood by him. Defense counsel Atty. Layusa assisted
the accused. The accused pleaded not guilty for the crime charged against him.

No objections both for prosecution and defense, the case is set for pre-
trial on January 25, 2016. Notify the parties thereto. So ordered.

Arraignment and Pre-trial

Court : Call the case

Clerk of : People of the Philippines v. KAG. ROLANDO AGBO Criminal
Court Case No. CR-ORD-2016-628 for: Murder
This is for arraignment
Court : Appearances for Prosecution
Defense :  Atty. _____________
Assistant Prosecutor
 Atty. PRINCESS KIMBERLY UBAY-UBAY
Private Prosecutor
Court : Appearance for Defense
:  Atty. _____________
 Atty. _____________

Court : Is the accused around?
Defense : The accused is around
Court : Arraign the accused.
Clerk of : People of the Philippines v. KAG. ROLANDO AGBO Criminal
Court Case No. CR-ORD-2016-628

Accused KAG. ROLANDO AGBO commits a crime of

Murder, ART. 248 in relation to Article 14 of the Revised Penal
 Code, committed as follows:

That on November 27, 2015, at around 6:00 in the morning,

at Taglimao, Cagayan de Oro City, Philippines,, and within the
jurisdiction of this Honorable Court, the said accused, while
armed with a shotgun with which he conveniently provided
himself, with intent to kill, qualified by treachery, did then and
there willfully, unlawfully and feloniously, attack, assault, and
shoot with the same gun, one Glendon E. Paborada, thereby
inflicting upon the latter “Multiple gunshot wounds to the face
and head”, that caused his immediate death, to the damage
and prejudice of the heir of Glendon E. Paborada.

Contrary to law.

Court : Do you understand the allegations of the facts?

Accused : Yes, your Honor.
Court : What is your plea?
Accused : Not guilty, your Honor.
Court : The accused pleaded not guilty.
Was there a proposal for amicable settlement?
Prosecution : None, your Honor.
& Defense
Court : Marking of Exhibits
Prosecution
Prosecutor : We pray that the affidavit of Rolando Paborada will be
marked as “Exhibit A”
Court : Mark it.
Prosecutor : We pray that the Affidavit of Romero Dalayat and Jeckson
Obsioma. will be mark as “Exhibit B”
Court : Mark it.
Prosecutor : We pray that the Affidavit of Analiza Daanoy will be marked
as “Exhibit C”
Court : Mark it.
Prosecutor : We pray that the Affidavit of Nic Nic Sablada will be marked
as “Exhibit D”
Court : Mark it.
Prosecutor : We pray that the Spot Report dated November 27, 2015 will be
marked as “Exhibit E”
Court : Mark it.
Prosecutor : We pray that the Incident Report will be marked as “Exhibit F”
Court : Mark it. :
 Prosecutor: We pray that the Certificate of Death will be
marked as “Exhibit G”
Court: Mark it.

Prosecutor: We pray that the photograph of the victim in this

case will be marked as “Exhibit H to H1”
Court: Mark it.

Prosecutor: We pray that the Special Report will be marked

as “Exhibit I”
Court: Mark it.

Prosecutor: We pray that the Reply Affidavit of Rolando

Paborada will be marked as “Exhibit J”
Court: Mark it.

Prosecutor: We pray that NBI Examination Report the will be

marked as “Exhibit K”
Court: Mark it.

Prosecutor: We pray that the proof of expenses will be

marked as “Exhibit L”
Court: Mark it.

Court : Show your documents to the Defense.

Does the Defense admit the genuiness and due execution of
the documents?
Defense : Yes, your Honor.
Court : The Defense admits the genuiness and due execution of
Exhibit A-L

Marking of Exhibits
Defense
Defense : We pray that the Affidavit of Rolando Agbo will be marked as
“Exhibit 1”
Court : Mark it.
Defense : We pray that the Affidavit of Rico Villame, Jr. will be marked
as “Exhibit 2”
Court : Mark it.
Defense : We pray that Affidavit of Franklin Faborada will be marked as
“Exhibit 3”
Court : Mark it.
Defense : We pray that the Affidavit of Geraldine Sumilhig will be
marked as “Exhibit 4”
Court : Mark it.
Is that all?
Defense : Yes, your Honor.
Court : Show your documents to the Prosecution
Prosecution, Do you admit the genuiness and due execution
of Exhibits 1-4of the Defense?
Prosecution : We admit the Genuiness and due execution of Exhibits 1-4 of
the defense.
Court : Witnesses for the Prosecution.
Prosecution : 1. Rolando Paborada,
2. Franklin Paborada,
3. Either Romero Dalayat or Jeckson Obsioma,
4. Analiza Daanoy,
5. Nick Nick Sablada

6. Dr. Tommy Uy,

Court : Prosecution has 6 witnesses

Witnesses for the Defense
Defense : 1. Accused Kag. Rolando Agbo
2. Rico Villame, Jr.
3. Geraldine Sumilhig
4. Franklin Faborada
Subayon, Bilar, Bohol
Court : Only 3 witnesses?
The court takes note of your Exhibits 2 and 3. Who is going to
testify on these documents?
Defense : Police Inspector Julius Ibaoc, as one of our witnesses
Court : He will be a common witness?
Defense : Yes, your Honor.
Court : Police Inspector Julius Ibaoc will be a common witness but he
will testify on different account.
Defense : Yes, your Honor.
Prosecution : We pray for an additional Affidavit of Artemia Robles
Court : 3 days from today, you have to submit the additional affidavit
of Artemia Robles and pre-mark as “Exhibit G”
Prosecution : We pray that Artemia Robles will be one of our witnesses.
Court : Artemia Robles is listed as 6th witness of the prosecution.

Theory of the Prosecution

Prosecution : Accused NORMAN TORREGOSA commits a crime of less
serious physical injuries,Art. 265, committed as follows:

That on or about 11:00 o’clock in the morning on April 13,

2011 in the municipality of Bilar, Province of Bohol,
Philippines, within the jurisdiction of this court, the said
accused, did then and there willfully, unlawfully, and
feloniously attack, assault, and wounded one, BALDOMERO
MONREAL, JR. by then and there paddling his back with a
steel pipe, thereby inflicting the latter closed wound on his
upper back, which injuries have require medical attendance
for a period of ten to thirty days, and will incapacitate him
from performing his customary labor for the same period of
time.

That the accused is a person in authority or a public officer

being a Barangay Captain.

Contrary to law.

Defense : Norman Torregosa is innocent of the crime for it was not

inflicted by Norman Torregosa and it was self-inflicted.
Court : How was self-infliction happened?
Defense : The accused held his collar on his shirt to restrain his
movement because the accused want him to bring him to the
tanod outpost but he struggled so much that the accused
constrained tightly gripped his shirt and regarding his injuries
at the back, it was caused by his drunkenness because it
might have caused by the bamboo fence when he fell down.
Court : The issue in this case is Whether or not the accused was
lifted his neck using a steel pipe and then kicked his feet and
paddled his back using a steel pipe or self-inflicted injury.
Prosecution : The accused is a Barangay Captain of Subayon, Bilar, Bohol
and this serves as an aggravating circumstance.
Defense : Objection! It is not alleged in the affidavit that the accused is
a Barangay Captain.
Court : It is alleged in the information, last paragraph.
Do you withdraw your objection?
Defense : I withdraw!
Defense : Your affidavits did not state about aggravating circumstance
Court : Any Arguments along this line?
Prosecution : We will stick to our position, the accused is a public officer
Defense : The aggravating circumstance should be included in you
affidavits/ information.
Court : Is there a further argument?
Prosecution : None, your Honor.
& Defense
Court : The argument of the defense is sustained
No plea bargaining and amicable settlement?
Prosecution None, your Honor.
& Defense
Court Stipulations of Facts from the Prosecution
: Recess for 5 minutes
Clerk of : Session is resume, silence is enjoined.
Court
Court : Prosecution’s proposal.
Prosecution : Do you admit the personal circumstances of the complainant?
That he is a resident of Subayon, Bilar, Bohol
Defense : We do not admit because there is no cedula attached to
support such.
Court : Defense does not admit.
Prosecution : Do you admit that during April 13, 2012, 11:00AM, Captain
Toreggosa And Baldomero Monreal met at the plaza of
Subayon, Bilar, Bohol or they were in the same place?
Defense : We do not admit that proposition of the prosecutor that they
met at the plaza.
Court : Not admitted.
Prosecution : Do you admit that Brgy. Captain Torregosa passed by and
approached Baldomero Monreal?
Defense : Yes, We admit.
Court : Admitted
Prosecution : Do you admit that during the approach there was no
provocation happened on the part of Baldomero Monreal?
Defense : We do not admit.
Court : Not admitted.
Prosecution : Do you admit that Brgy. Captain Torregosa lifted the neck of
Baldomero Monreal?
Defense : No, how was the lifting happened? Still bothered in the lifting
of the neck. Was it hand held?
Court : Reform your proposal.
Prosecution : Do you admit that Brgy. Captain Torregosa lifted the neck of
Monreal using the steel pipe?
Defense : We do not admit.
Court : Not admitted.
Prosecution : Do you admit that the accused kicked the feet of Baldomero
Monreal?
Defense : We do not admit.
Court : Not admitted.
Prosecution : Do you admit that the accused Paddled the back of
Baldomero Monreal using the same steel pipe?
Defense : We do not admit.
Court : Not admitted.
Prosecution : We withdraw the proposal. (Do you admit that the accused
Paddled the back of Baldomero Monreal using the same steel
pipe?)

Do you admit that the accused, Norman Torregosa, is a

Barangay Captain?
Defense : Yes.
Court : Admitted.
Prosecution : Do you admit that Baldomero Monreal sustained a contusion
at the back?
Defense : No.
Court : Not admitted

Stipulations of Facts from the Defense

Defense : Do you admit that the accused is a neighbor of the
complainant’s sister?
Prosecution : Yes. They are living in the same Barangay.
Court : Admitted.
Defense : Do you admit there was a drinking session at Jade Salingay?
Prosecution : We do not admit
Court : Not admitted
Defense : Do you admit that the Complainant and Jade Salingay had a
quarrel
Prosecution : It is in our affidavit.
Defense : Do you admit that the complainant was drunk?
Prosecution : We do not admit.
Court : Not admitted.
Defense : Do you admit that due to the quarrel, there was a loud noise
asking for help?
Prosecution : We do not admit.
Court : Not admitted.
Defense : Do you admit that the accused approached the house of Jade
Salingay.
Prosecution : We do not admit because it is a theory that they met at the
plaza.
Court : Not admitted.
Defense : Do you admit that the complainant saw Torregosa about to
approach the house?
Prosecution : We do not admit.
Court : Not admitted
Defense : Do you admit that Torregosa held your complainant’s clothes
to bring him to the Barangay Outpost?
Prosecution : We do not admit.
Court : Not admitted.
Defense : Do you admit that the Complainant had a previous police
records regarding alarm in scandal?
Prosecution : We do not admit
Court : Not admitted
Defense : Do you admit that the house of Jade Salingay has a bamboo
fence?
Prosecution : We do not admit.
Court : Not admitted.
Defense : Do you admit that Ronald Sayon and Christopher Ho were in
the house of Jade Salingay?
Prosecution : We do not admit.
Court : Not admitted.
Prosecution : That’s all your honor.