MOCK TRIAL SCRIPT TRIAL

CRIMINAL CASE NO. 24689 CLERK OF COURT: Please rise: the

Regional Trial Court, Branch 28 is now in
PEOPLE OF THE PHILIPPINES V. session, Let’s pray. Almighty God, we stand in
YSMAEL PADILLA, JONSON Your Holy Presence as our Supreme Judge. We
PALMARES, humbly beseech You to bless and inspire us so
that what we think, say and do will be in
JAMIEL VENTOSA, RYAN DOMINGO
accordance with Your will. Enlighten our minds,
AND MACKY CAPALAD strengthen our spirit and fill our hearts with
fraternal love, wisdom and understanding, so
CHARACTERS:
that we can become effective channels of truth,
CHARACTERS : justice and peace. In our proceedings today,
guide us in the path of righteousness for the
Judge: Ericka Orolfo fulfilment of your greater glory. Amen.

Court Clerk: Alexandra Pepaño The Honorable Judge Ericka Orolfo

Prosecutor: Genalyn Ducog presiding.

Defense attorney: Carlos John Bayan JUDGE: Thank you, you may all be seated.
Call the case.
Complainant: Mark Joseph Morales & JP
Clarkson CLERK OF COURT: Your Honor, today’s
case is the criminal case no. 22038 People of
Accussed: Mark Gilbert Guerrero
the Philippines vs. Mark Gilbert Guerrero
Witness (P): Stepen Loyd Novis
JUDGE: Is the prosecution ready?
Witness (P): Ian Sabale {workmate}
PROSECUTING ATTORNEYS: (stand up)
Witness (P): Rudolf San Pedro {workmate} Yes, your honor. (Be seated)

Witness (D): Elton Montiveros {workmate} JUDGE: is the defense ready?

Arresting officer: Emmanuel Arca DEFENSE ATTORNEYS: (stand up) Yes,
your honor. (Be seated)
Jhon Robert Boragay

Ballistician: Jomar Gonzales JUDGE: we will now hear the opening

statement from the prosecution. Prosecutor
Victim (died): John Paul Cariazo DUCOG please state your case.

PROSECUTOR: thank you, your honor. The

accused Mark Gilbert Guerrero, with
treachery and intent to kill, did then and there
willfully, unlawfully and feloniously shoot the
victim multiple times herein, JOHN PAUL
MORALES without giving the latter sufficient WITNESS: I am Ian Sabale, one of the line
time to defend himself, thereby inflicting upon leader in our company.
said JOHN PAUL a mortal wound which caused
his death. We will prove that the accused are PROSECUTION: Mr. Sabale, will you
guilty beyond reasonable doubt. The reason please tell on this honourable court where
we ask you your honor, the verdict of guilt. you were on November 23, 2022 at around
7:15 in the evening?
JUDGE: thank you. The defense would like
to give an opening statement or would you WITNESS: I was in the locker area getting
like to defer until the prosecution rest its my stuff.
case.
PROSECUTION: did something happen if
DEFENSE LAWYER: we like to say your any while you are getting your stuff?
honor in the People of the Philippines vs.
WITNESS: Yes. I see mr. morales being
Mark Gilbert Guerrero. He is being
dragged in the corner of the locker room.
accused of murder when in fact. He didn’t
have any conversation with the said victim. PROSECUTION: Does the person who
dragged mr. morales is present in this court?
The reason we ask you your honor, the
verdict of lacking WITNESS: Yes
DIRECT EXAMINATION OF WITNESS PROSECUTION: Can you point out, who is
BY PROSECUTOR it?
JUDGE: Thank you counsel. For the WITNESS: Yes, that’s him (pointing
prosecution, you may now call in your first towards guerrero’s direction) Mr. Guerrero
witness. is the one who dragged Mr. Morales.
PROSECUTOR: Yes your honor. The PROSECUTION: what happen next?
prosecution would like to call on Mr. Ian
Sabale in the witness stand. The witness is WITNESS: I got curios why Mr. Morales is
being dragged by Mr. Guerrero so I
being presented to testify on the fact that the
followed them.
accused confronted the victim after working
hours on November 23, 2022. PROSECUTION: what did you do next?
CLERK OF COURT: can you please raise WITNESS: I hide myself in the dark and
your right hand. Do you swear to tell the listen to their conversation and took a video
truth, all the truth and nothing but the truth of them.
in this case?
PROSECUTION: do you still remember
WITNESS: Yes I will what mr. Guerrero said toward mr. morales?
PROSECUTION: Mr. Sabale please
introduce yourself.
WITNESS: Yes. I remember Mr. Guerrero JUDGE: Re-direct?
telling to Mr. Morales not to be an attention
seeker and don’t mess up with him. PROSECUTOR: No your honor

PROSECUTION: and the video that you JUDGE: Mr. Sabale you may step down.
take is still there on your phone? Call your next witness

WITNESS: Yes, I didn’t delete it because I PROSECUTOR: I am calling on mr. San

thought mr. Morales will report it to the HR. Pedro. The witness is being presented to
testify on the fact that before the shooting
PROSECUTION: can you present it here in incident happen they recognize someone
the court? To prove what have you said following them on the way going home.
earlier is true?

WITNESS: Yes
CLERK OF COURT: can you please raise
PROSECUTION: your honor, may we your right hand. Do you swear to tell the
present the video? truth, the whole truth and nothing but the
truth in this hearing?
JUDGE: proceed.
WITNESS: Yes I am
PROSECUTION: Thank you, your honor.
JUDGE: Proceed
(present the video)
P: can you please introduced your self
PROSECUTION: Your honor, can you
marked this video as exhibit 1? W2: I’m Rodolf San Pedro, I work in the
same company with the victim.
JUDGE: marked it.
P: how long do you know mr. morales
PROSECUTOR: that’s all, your honor.
W: I know him for almost 4 years.
JUDGE: cross?
P: so you’re friends with him?
ATTY: Yes your honor.
W: yes
CROSS EXAMINATION OF WITNESS
P: can you describe him as a workmate and a
friend?

W: john paul as a person and friend? He is

the best friend that I had, he is an
understanding person, he doesn’t want to
have any conflict with other people. He will
always ask for forgiveness first even though
he is not the one who started the argument.
He is so hard working, always making sure JUDGE: sustained
that he will finish the task that is given to
him. P: Again do you see the plate no. of the
motor vehicle? If yes what is it?
P: now mr. san pedro are you with him
before the incident happen? W: its 4926 WR

W: yes, I’m with him. P: does the plate no. familiar to you?

P: how long have you been with him that W: yes

night? P: does the owner of the motor vehicle is
W: after our working hours, we always wait present here in this court? And can you point
for each other outside the company. So I’ve out who is it?
been with him after logging out. And we DA: objection your honor, leading
logged out that night at 8:17 PM.
JUDGE: sustained, mr San Pedro pls answer
P: did you both go home straight that night? the question. does the owner of the motor
W: no vehicle is present here in this court?

P: where did you go then? W: yes, it’s him mark is the owner of that
vehicle. (hysterical )( nakatayo habang
W: we decided to have dinner in the fast tinuturo si gilbert tapos sasabihin na hayop
food before going home. ka wala nmang ginawang masama sayo ung
kaibigan ko tapos gaganunin mo lng.)
P: what happened next?
DA:
W: after we ate. We ride in the bus and
decided to walk towards our houses. JUDGE: order in the court! Plss mr. San
Pedro calmdown!
P: while you are walking did you see
something strange? And if there is any what W: I’m sorry your honor.
it is?
JUDGE: if you can’t control yourself, you
W: yes, we discover that there’s a familiar need to step down on the witness stand. Do
motor vehicle in our back, tailing us. So we you understand?
decided to stop in a sari-sari store and let the
motor vehicle surpass us. W: yes your honor.

P: do you see the plate no. of the motor JUDGE: Prosecutor Ducog do you still have
vehicle? If yes what is it? any question?

ATTY: objection, your honor! Question is PROSECUTOR: that is all your honor.
leading JUDGE: cross?
ATTY: Yes your honor. hearing?

CROSS EXAMINATION OF 2ND Witness: Yes, I do.

WITNESS
Court Interpreter: Will you please state your
X name, age, status, address and other personal

X circumstances?

X DR: I am Dr. __________a resident of

___________. I am a Medico-Legal Officer
X of NBI,
X Cabanatuan City.
X Court Interpreter: Your witness, counsel.
Judge: Any re-direct? Prosecutor: We Offer the testimony of Dr.
Prosecutor: None, Your Honor. __________________. As corroborative
evidence to
Court interpreter: Witness you may now be
excused. formally testify the content of the medico-
legal report.
DIRECT EXAMINATION OF DR
_________________ Judge: Proceed

Prosecutor: May I call our third witness, PROSECUTOR: You declared that you are
Your Honor? a doctor of medicine, dr.__________. Where
did you
Judge: Call your next witness, counsel.
finish your medical degree?
Prosecutor: Our third witness Your Honor,
is Dr. DR:UST Manila

________ PROSECUTOR: When did you graduate?

the NBI Medico-Legal Officer who DR: 2010

conducted examinations on the victim PROSECUTOR: are you a licensed

following the incident. physician?

Judge: Swear the witness. DR: Yes

Court Interpreter: Do you swear to tell the PROSECUTOR: when did you passed the
truth, the whole truth and nothing but the doctor’s board examination?
truth in this DR: in 2012
PROSECUTOR: Where are you presently P: what happen when you attended to her?
connected?
DR: I declared her as Dead On Arrival
DR: I’m presently connected with the
Wesleyan Hospital located in Cabanatuan P: Attached to the record of the case is a
City Medico Legal Report issued by one Dr.
__________, is
PROSECUTOR: since when have you been
employed in that hospital? this the one you are referring to? (Exhibit
M)
DR: I have been employed there since 2015
A: Yes.
PROSECUTOR: what is your present
designation? PROSECUTOR: For the record, the witness
has identified the document previously
DR: I’m presently an emergency physician marked as
in said institution
Exhibit D as the Medico Legal Report issued
PROSECUTOR: have you testified as a by Dr. ____________.
medical expert in cases before courts of
justice? P: There is a signature above the typewritten
name Dr. ___________, do you know whose
DR: yes, mostly on medico legal cases
signature is this doctor?
PROSECUTOR: how many medico legal
cases so far have you testified? What kind of DR: It is my signature.
medico PROSECUTOR : I respectfully request
legal cases have you testified? Your Honor, that the signature appearing in
Exhibit M be
DR: for the past 5 years, around 25 cases.
Mostly homicide and murder cases marked as Exhibit M-1.

PROSECUTOR: Do you recall having PROSECUTOR: can you tell to us in

attended on one Ms. Eva Garcia at the layman’s terms the findings?
Wesleyan DR: Ms. Eva died because of severe loss of
Hospital? blood due to the stabbing

DR: Yes. PROSECUTOR: what was the particular

weapon that was used to stab Ms Eva?
P: Do you recall when was that doctor?
About what time? DR: it was a kitchen knife

DR: About 7:50 in the evening of August 3, PROSECUTOR: that is all your honor
2019 JUDGE: cross?
ATTY: Yes your honor. Witness: Yes, I do.

CROSS EXAMINATION OF Court Interpreter: Will you please state your

DR__________ name, age, status, address and other personal

X circumstances?

X DR: I am PO3 Sahagun, a resident of

Aliaga. I am a member of the Philippine
X National Police,
X who is presently assigned at the Cabanatuan
X City.

X Court Interpreter: Your witness, counsel.

Re-direct: Prosecutor: We Offer the testimony of PO3

Sahagun as a corroborative evidence to
JUDGE: Re-cross? formally

ATTY. ___________: No re-cross, Your testify the evidences that were retrieved in
Honor. the boarding house of the accused

JUDGE: Mr. Witness, you may step down. Judge: Proceed

DIRECT EXAMINATION OF PO3 P: where were you at around 7:00 in the

SAHAGUN evening?

Prosecutor: May I call our fourth witness, PO: I was in the Brgy. Bitas Cabanatuan
Your Honor? City, conducting a checkpoint

Judge: Call your next witness, counsel. P: what happened during that time

Prosecutor: Our fourth witness Your Honor, PO: while we are on duty, it was radioed to
is PO3 sahagun. The police officer who us that a killing incident transpired near in
conducted the place

the warrantless arrest of the accused of our duty. Then we responded immediately
after that.
Judge: Swear the witness.
P: what time did it came to your knowledge
Court Interpreter: Do you swear to tell the
about the killing incident?
truth, the whole truth and nothing but the
truth in this PO: it was around 7:30 in the evening

hearing? P: what happened next?

PO: when we went to the place where the knives with blood stains. We then arrested
killing transpired, a certain (1st witness) and the accused after informing them of their
(maid) Miranda

told us that the deceased was already rights

brought to the hospital. Then upon our
investigation, we P: I am showing you the evidences that were
previously marked as exhibits A, B, C, D, E,
found out that in the morning that day, the F, G,
victim and the latter’s workers namely,
Ysmael H, I J, and K. can you identify if those were
the ones that you had retrieved?
Padilla, Jonson Palmares, Jamiel Ventosa,
Ryan Domingo and Macky Capalad had a PO: Yes, those were the clothes and kitchen
verbal knives that we retrieved.

altercation and after that, (1st witness), PROSECUTOR: For the record, the witness
heard that the aforementioned five workers has identified the evidence previously
planned to kill marked as

the victim to seek revenge against the latter Exhibit A, B, C, D, E, F, G, H, I, J, and K.

for relieving them from their duties PROSECUTOR: that is all your honor
P: after your investigation, what did you do JUDGE: cross?
next?
ATTY: Yes your honor.
PO: I immediately called a backup to
proceed against the accused because it also CROSS EXAMINATION OF PO3
came to our SAHAGUN

knowledge that the accused were renting a X

boarding house. Then we and (1st witness)
X
went to the
X
boarding house of the accused. When we
arrived at the place, we saw three of them X
who are
X
about to escape. Two of them was still inside
the boarding house. When we went inside X
the
X
boarding house, we saw some clothes that
X
are filled with blood stains and we also saw
two
Formal Offer of Evidence by the Exhibit J blue pants that were all retrieved
Prosecution by the police officers and was identified by
the
PROSECUTOR: Your Honor, we are now
resting the case for the prosecution. witness as having been worn by the accused

JUDGE: How do you intend to submit your Exhibit K is the kitchen knives that was
formal offer? retrieved by the police in the boarding house
of
PROSECUTOR: We can now offer our
evidence, Your Honor. the accused

JUDGE: Proceed Exhibit M is the medico-legal report issued

by Dr._________
PROSECUTOR
Exhibit M-1 is the signature of Dr.
Exhibit A is the plain green sando that the ______________ to be a part of his
witness identified as being worn by the testimony that he
accused before the commission of the crime was the attending physician of the deceased.
and which was retrieved at the boarding
house of the Exhibit N is the affidavit of arrest by the
police officers to prove that the warrantless
accused by the Police Officers
arrest was effected lawfully and also the
Exhibit B is the black pants that was statements of the police who had retrieved
identified also by the witness and which was the clothes
retrieved by the police officer in the and knives that were found in the boarding
boarding house of the accused. house of the accused
Same with Exhibit C, yellow t-shirt JUDGE: Any comment?
Exhibit D checkered short ATTY. ____________________:
Exhibit E white t-shirt As to Exhibits x x x x x
Exhibit Fwhite t-shirt X
Exhibit G white t-shirt X
Exhibit H blue pants X
Exhibit I blue pants and X

X
JUDGE: Acting on the formal offer of JUDGE: How do you intend to submit your
exhibits of the prosecutor and comments formal offer?
thereon by the
ATTY.: We can now formally offer our
defense counsel, the Court resolves to admit evidence Your Honor.
all the exhibits offered by the defense
counsel JUDGE: Proceed.

specified in the offer. ATTY:

FIRST WITNESS FOR THE DEFENSE Exhibit 1 x x x x

Judge: We will now proceed to the X

presentation of the witnesses for the defense. X
Call your
X
witness, counsel.
x
Defense: For our first witness, Your Honor,
we would like to call to the witness stand, JUDGE: Any comment, PROSECUTOR?
the
PROSECUTOR:
accused
As to Exhibit 1 x x x, we can admit its
_________ existence and authenticity, Your Honor.

X As to Exhibit x x x, we can only admit the

existence but not the authenticity and
X truthfulness
X Your Honor.
X JUDGE: Acting on the formal offer of
X exhibits of the defense counsel and
comments thereon by
X
the public prosecutor, the court resolves to
X admit all the exhibits offered by the defense
counsel
Up to last witness
specified in the offer.
Formal Offer of Evidence of Defense
JUDGE: Any rebuttal-evidence, Fiscal?
ATTY: Your Honor, we are now resting the
case for the defense. PROSECUTOR: No rebuttal evidence, Your
Honor.
JUDGE: Considering that the public evidence does not show that (accused)
prosecutor will not present rebuttal murdered Ms Eva. It was clearly stated that
evidence, the court gives x x x. By

the parties 30 days from today within which that, we ask for a verdict of not guilty your
to file their respective memoranda. The case honor.
shall be
Judge: We have now heard arguments from
deemed submitted for decision after the both sides in the case of People of the
lapse of the said period, even without the Philippines
said
vs___________________ I must now decide
memorandum. if the State has proven beyond a reasonable
doubt
JUDGE: Any closing statements?
that the defendant is guilty of frustrated
Prosecution: Your honor, today we have the murder.
burden of proof. As the evidences shown
which are I have been given material that will help
understand the law regarding presumption of
the clothes that the witness had identified as innocence
being worn by the accused before the killing
and reasonable doubt, as well as the
happened and which was retrieved at the requirement for a unanimous verdict and the
boarding house of the accused facts that the
medico-legal findings and the testimony of State must prove in order to find the
our witnesses, it shows that Ms. __________ defendant guilty.
intentionally poisoned Ms. ___________ JUDGE: Order.
because of her intense feelings for Mr.
__________ Judgement

which made her jealous. By that we ask for a JUDGE: Will the defendant please stand.
verdict of guilty your honor.
(Ms. __________ stand along with their
Defense: Your honor, today the prosecution lawyers)
has the burden of proof and they have
availed to You may read the verdict.

prove it. Your honor they have not showed Clerk of Court: (THEY READ VERDICT
beyond reasonable doubt that (accused) is BELOW or FROM THEIR VERDICT
guilty. The FORM)
************************************
*****************

(As to each charge, check whether guilty or

not guilty)

Clerk of Court: As to the charges against

Ms. __________ , your honor, we find as
follows:

Ms, Benedito is:

Guilty_______ Not Guilty_____ for the

crime of Frustrated Murder.

************************************
******************

Judge: Thank you everyone.

Clerk of Court: Court is adjourned. Order in

the court.

(All rise as the judge exits the courtroom)