Homicide

Characters:

Witnesses
a. For Prosecution:
1. Awing
2. Gresunes
b. For Defense:
1. Accused: Manit
2. Companion: Cruiz
Rapists:
Prosecution:
1. State Prosecutor Estimo (F1)
2. Private Prosecutor Niebres (P1)
Defense Counsel:
1. Gomez
2. Bayani
Judge: Mendoza
Clerk of Court: Lua

ENTRANCE

Clerk of Court (Coc):

All rise. The Court is now in session. Silence is hereby enjoined. Branch 7,
Regional Trial Court of Cebu, the Honorable Judge Hynch Mendoza, presiding

(Manindog tang tanan)

Prayer:
Almighty God, we stand in you Holy Presence as our Supreme Judge. We humbly
beseech You 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
eternal 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

Judge: (Stamp gavel) Please be seated. Call the case.

Coc: Criminal Case Number 696969

People of the Philippines versus Mr.Lex Prospicit Manit for Homicide

Judge: Appearances

PROSECUTION
F1: For the prosecution Your Honor, representing the People of the Philippines, I am Atty.
Andrew M. Estimo, Assistant Provincial Prosecutor
P1: For the prosecution Your honor, Atty. Ellen C. Niebres, acting as private prosecutor

DEFENSE:
Gomez: For the defense, YH, representing the accused. I am Atty. Greg Gomez, lead defense
counsel, and together with my co-counsels.
Bayani: I am Atty. Rachelle Bayani, YH, for the defense.

ARRAIGNMENT

JUDGE: Is the accused in court?

Coc (Lua): Yes, YH. (Accused stands.)

J: Alright, arraign the accused.

(Accused comes near the Coc, beside the defense panel. Defense lawyers stand beside the
accused during arraignment.)

Coc: You are the accused in Criminal Case Number 696969 entitled People of the Philippines versus
Mr. Lex Prospicit Manit and the Information charges you of the crime of Homicide committed as
followed:

“That on or about the 15th day of November 2000, in Brgy. Centro, Mandaue City, Cebu,
Philippines, the above-named accused [Mr. Lex Prospicit Manit], with intent to kill, did then and
there wilfully, unlawfully, and feloniously attack, assault, and employ personal violence upon
the person of one Bong Go, by then and there shooting him with a gun hitting him on the left
portion of his back, thereby inflicting upon him serious and mortal wound which was the direct
and immediate cause of his untimely death, to the damage and prejudice of the heirs of the
victim.

“Contrary to law.”

What is your plea?

ACCUSED: Not guilty, YH.

Coc: The accused enters a plea of NOT guilty, YH.

J: Alright, enter a plea of not guilty.

PRE-TRIAL

PLEA BARGAINING

J: Are the parties willing to agree to enter into a plea-bargaining?

PROS:
(Estimo) Your Honor Please (YHP), the prosecution does not desire to enter into plea-bargaining.

DEFENSE: YHP, the defense does not also desire to enter to plea bargaining.
(Gomez)

Marking of Exhibits

J: Alright, mark your exhibits.

PROS.
(Estimo) With the permission of this Honorable Court.
 YHP, the prosecution will present the following documentary evidence and mark as
prosecution’s exhibits:
EXH. A. MEDICO LEGAL REPORT NO. M-1827-00 from the
Philippine National Police Crime Laboratory Service
Region VII Regional Unit

EXH. A-1 The Signature of Dr. Dario L. Gajardo on the Medico Legal Report

EXH. A-2 The Cause of the Death indicated in the Medico Legal Report

EXH. B. POLICE INVESTIGATION REPORT dated 27 Nov 2000

Subscribed and sworn to before Assistant City Prosecutor
Elicio B. Lofranco

EXH. C. Page 1 of the LETTER OF REFERRAL to the Police with

the Mandaue City Prosecutor’s Office

EXH. C-1 Page 2 of the LETTER OF REFERRAL

EXH. D HANDWRITTEN LIST OF EXPENSES prepared by the

mother of deceased victim Mrs. Jessica Go (Gresunes)

EXH. E CONTRACT OF FUNERAL SERVICES for the deceased

Bong Go with the funeral parlor

EXH. F CERTIFICATE OF DEATH of deceased victim Bong Go

The prosecution, YH, 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.

J: Alright, subject to the 3-day notice rule, otherwise the evidence shall not be considered by the
court…

How about the defense? Mark your exhibits.

DEFENSE:
(Gomez) With the permission of the Honorable Court.
YHP, the defense will present the following evidence and request that these be
marked as follows:
EXH. 1 SKETCH showing the relative distances and location of the main road Banlat
Road, Tandang Sora Street, and Melchora Aquino Street and showing the
description and distance of the house to the Banlat Road.
EXH. 2 MEDICAL CERTIFICATE of Accused issued by Vicente Soto Medical Center

The defense, YH, 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.

J: Alright, subject to the 3-day notice rule, otherwise the evidence shall not be
considered by the court…
Admissions/Stipulation of Facts

J: Any admission?

(By the Prosecution)

PROS.
(Estimo) YHP, the prosecution requests for the admission by the defense of the following documentary
exhibits already earlier pre-marked.

First, MEDICO LEGAL REPORT No. M-1827-00 and the truth of the finds and facts therein
stated to dispense with the necessity of presenting expert testimony on the matter. The Medico
Legal Report is pre-marked as Exh. A for the prosecution and we are now showing the accused
and furnishing the court.

DEFENSE (Homer): The defense admits YH.

PROS.
(Estimo)
Second, YHP, we would like to request for the admission by the defense of the Police Referral
Letter to the Mandaue City Asst. City Prosecutor’s Office consisting of 2 pages pre-marked as
Exhibits C and C-1, to dispense with the testimony of the police. We are also furnishing the
defense and the court of a copy.

DEFENSE:
(Gomez) We admit only the existence of the exhibits, YH, but not as to the entries and the truth of the
facts therein stated.

J: What does the prosecution say?

PROS.
(Estimo) We submit, YH.

YH, we also request for the admission by the defense of the jurisdiction of this Honorable Court
to hear and try this case.

(Gomez): We admit, YH.

(Estimo) No further request for admission, YH. Thank you, YH.

(By the defense)

DEFENSE: With the permission of the Honorable Court.

(Gomez) YHP, the defense requests for the admission by the prosecution of the genuineness and due
execution of the Medical Certificate of the Accused issued by the Vicente Soto Medical Center
and the truth and findings of facts therein stated to dispense with the necessity of presenting
expert testimony on the matter. The Medical Certificate of the accused is pre-marked as Exh. 2
for the defense and we are showing the prosecution and court a copy of it.

(Estimo) The prosecution admits, YH.

( Gomez): No further request for admissions, YH.
Identification of Issues

J: So what are the issues to be resolved?

PROS.
(Estimo) YH, the prosecution submits the following issued to be resolved:
1. Whether the accused was present at the scene of the crime
2. Whether the accused committed the offense charged in the Information

J: How about the defense?

DEFENSE
(Gomez) We adopt the same issues, YH.

Number of Witnesses

PROS.
(Estimo) The prosecution will present 2 witnesses, YH. First is Gong Go ( Awing), the brother of the
deceased victim, who will testify on the incidents attendant to the killing. Second is Mrs. Jessica
Go (Gresunes), the mother of the deceased victim, who will testify on the expenses incurred due
to the death of the victim.

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

J: Alright, how about the defense, how many witnesses?

DEFENSE:
(Gomez) YHP, the defense will present 2 witnesses. First is the accused himself who will testify on his
own behalf and establish that he did not commit the offense charged in the information. Second
is Mr. Mario Cruiz (Cruiz) who will corroborate the testimony of the accused.

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

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

PROS/DEF. Yes, YH.

J: Subject to the issuance of the Pre-trial Order, the pre-trial of this case is hereby terminated. The
Trial is set on (kanusa man nahan ninyo guys?)

PROSECUTION’S PRESENTATION OF EVIDENCE

DIRECT EXAMINATION – RAMON PEREZ

Atty. Estimo: May we call on Gong Go (Awing), Your Honor.

Judge: All right, swear in the witness

Coc: Please raise your right hand. Do you swear to tell the truth, the whole truth, the whole truth and
nothing but the truth in the testimony you are about to give?
Awing: Yes, I do.

Coc( Lua): Please state your name, age, address and other personal circumstances.
Awing: I am Gong Go, 28 years old, single, a construction worker and residing at No. 169 Banlat Road,
Tandang Sora, Mandaue City.

Atty. Estimo: YH, we are endorsing the prosecution of this case to the private prosecutor, Atty. Ellen Niebres.
Judge: Granted.

Niebres: YH, we are offering the testimony of the witness to prove

That on Nov. 15, 2000, the accused, Lex Prospicit Manit Salvador shot Bong Go which caused
his death.
JUDGE: Proceed.
Niebres: YH, may I approach the witness?
JUDGE: Granted:

Niebres: Mr. Go, where were you on Nov. 15, 2000 at about 4 to 5 pm?
Awing (A) I was on my way home from Peter’s house.

Niebres (N): And who is Peter?

A: My friend. He is also my co-worker in a construction project.

N: And were do you reside?

A: At No. 169 Banlat Road, Tandang Sora, Mandaue City

N: Is your friend’s house near your house?

A: Yes mam.

N: So, you were just walking?

A: Yes mam, There was no need to take a ride because my house is just near my friend’s house.

N: Were you alone that time?

A: No mam. I was with my brother, Bong.

N: Why was Bong with you?

A: We both are friends of Peter. We all came from work and decided to drop by Peter’s place.

N: While walking home, was there any unusual incident that happened, if any.
A: Yes mam.

N: What happened?
A: My brother was shot and because of that, he died.

N: How did that happened?

A: While on our way home, I approached a man who was smoking a cigarette. I asked for a light.
Then, while lighting my cigarette, that man boxed me and ran away.

N: What brand of cigarette did you smoke that day?

ATTY. Bayani:
Objection YH. It is irrelevant.

ATTY. Niebres
YH, I just want to show that the witness recalls the event clearly.

Judge: _________
Ramon: (if judge sustains) Camel cigarette mam. (if judge overrules, balewala na)

N: When the man boxed you, what happened next?

A: My brother and I ran after him. He went inside the eskinita then we lost sight of him.

N: By the way, where did this all happen?

A: Along Banlat Road, Tandang Sora, Mandaue City.

N: Alright, what happened next?

A: When the man disappeared in the eskinita, another man came out from a house then began shooting at
me and my brother.

N: Do you know whose house the man came from?

A:: I believe it is owned by Ms. Bathan at 171 Banlat Road, Tandang Sora, Mandaue City.

N: What did you do when you saw him shooting his gun?
A: I ran mam.

N: How about your brother Rudy?

A: He also ran away.

N: Then what happened?

A: I heard about 5 gunshots. Then I heard my brother screamed.

N: Did he say anything?

A: Yes mam. He said, that he was shot. I saw him pressing his chest.

N: What did you do after that?

A: I brought him home. But when his condition got worse, I brought him to Chong Hua Hospital.
However, it was too late. He was declared dead on arrival.
(Pwede naka maging emotional diri Bai Awing)

N: Going back to the shooting, did you recognize the man who shot your brother?
A: Yes mam. It was Lex Prospicit Manit.

N: Is Lex Prospicit Manit in this courtroom now?

A: Yes, he is.

N: YH, may I request that the witness be allowed to point the person of Lex Prospicit Manit.

JUDGE: O.K.

(Awing point to Manit)

N: Now, YH, I will show a document to the witness, which was premarked during the pre-trial as Exhibit B.
Can you please tell what this document is?
A: This is my written statement which I gave to the police on Nov. 27,2000.

N: YH, I will pinpoint to a signature which was also premarked as Exhibit B-1. Do you recognized the
signature?
A: Yes mam, it is my signature.

N: No further questions YH.

JUDGE:
Does the Defense would like to cross?

ATTY Bayani:
With your kind permission YH.

JUDGE:
Proceed.

Cross Examination – Ramon Perez

Atty Bayani (B):

B: Mr. Go, you answered during your direct examination that you recognized Max Salvador as the man
who shot your brother, is that correct?
A: Yes mam. It was Max Salvador.

B: You also mentioned that when the man began shooting at you and your brother, you ran away, is that
correct?
A: Yes mam.

B: How fast did you run?

A: Very very fast.
(Pwede sad ta magobjection diri like Irrelevant)

B: Help me with this, Mr. Go. If you were running away, very very fast, during the shooting, how did you
recognize the shooter?
A: I got a glimpse of his face, mam.

B: You got a glimpse of his face. Just a glimpse? You did not clearly see his face?

ATTY Niebres:
Objection YH. It is misleading.

Judge: _________

(if judge sustains, ask the next question, if judge overrules, then Gong Go must answer.)

B: Do you Gong Go, other than being the accused of the one who shot your brother, know of Lex Prospicit?
A: Yes mam. He is our neighbor in Banlat Road.

B: Do you know any reason for Lex Prospicit to hurt you or your brother?
A: No mam.

B: Did Lex Prospicit Manit had any fight with you or your brother?
A: Not that I know of, mam.

B: Where were you when you ran away when the shooting began?
A: At Banlat Road.
B: How far is Banlat Road from the place where you saw the person firing the gun?
A: About 10 meters away.

B: You said you were at Banlat Road, am I correct?

ATTY. Niebres
Objection YH. It has already asked and answered.

Judge: (If he sustains, proceed to the next question. If he overrules, let Gong Go answer.)

A: Yes.

B: You mean to say that the person you saw firing the gun was also at Banlat Road.
A: Yes mam, but he came from his house. He was in his house when he began shooting us.

B: Are there houses along Banlat Road?

A: Yes mam.

B: How many?
A: I don’t know how many mam.

B: Do you know any military men or police residing along Banlat Road.

ATTY. Niebres:
Objection YH. The question is immaterial.

ATTY. Bayani:
YH, I am trying to show that there is a big possibility that other residents of the area own and possess
guns that can be the shooter of the victim.

JUDGE:
(if he sustains, proceed to the next question. If he overrules, let Gong Go answer.)

A: Many I guess. I do not know for certain mam.

B: No further question YH.

Judge: The witness may now step down of the witness stand. Is the second witness for the prosecution
available?

Atty. Estimo: Yes YH. May we call on Gong Go (Awing), Your Honor.

Judge: All right, swear in the witness

Coc: Please raise your right hand. Do you swear to tell the truth, the whole truth, the whole truth and
nothing but the truth in the testimony you are about to give?
Awing: Yes, I do.

Coc( Lua): Please state your name, age, address and other personal circumstances.

Gresunes (G): I am Jessica Go, 55 years old, single, a High School Teacher and residing at No. 169 Banlat
Road, Tandang Sora, Mandaue City.
Estimo: YH, we are offering the testimony of the witness to prove the fact of death of the victim Mr.
Bong Go and the expenses incurred by the family related to the burial ..

Direct Examination – Jessica Go ( Gresunes)

E. I am showing to you a list, go over this and tell the Honorable Court if this is the list you prepared?
A Yes sir, this is the list.

E: May we ask that this document be marked as exhibit D.

JUDGE: Mark it.

E: Where was the wake of your son held?

A: At our house, sir.

E: Did you contact a funeral parlor to take care of your son’s burial?
A: Yes, sir.

E: Do you have any proof that you entered into a contract with a funeral parlor for your son’s burial?
A: Yes, sir.

E: I am showing to you this document, please tell this Honorable Court what this document is all about.
A: This is the contract with the funeral parlor.

E: May we request that this be marked as exhibit E.

E: You said your son died, do you have any proof that your son died?
A: There is a death certificate.

Q: I am showing to you this document, please tell his honorable court if this is the death certificate of your
son.
A: Yes sir, this is the one.

ATTY. ESTIMO:
May we request that this be marked as exhibit F.

E: You said your son was working at the time of his death?
A: Yes, sir.

E: How much was he receiving?

A: P350 a day, sir.

E: To whom does he turn over the money he earns?

A: To me, sir.

E: How old was he when he died?

A: 30 years old, Sir.

E: That would be all, your honor.

JUDGE Cross?
Cross Examination - Rosita Perez.

ATTY. GOMEZ
At the time of your son’s death, what was his educational attainment?
A: Elementary, sir

(Pwede na sad maka objection diri for being irrelevant)

G: You prepared this document marked as exhibit D and identified as your list of expenses, am I correct?
A: Yes, sir.

G: Where did you bury your son?

A: In Alang-alang, Mandaue City .

G: Is that place near where you live?

A: It is quite far, Sir.

ATTY. GOMEZ :
That is all your Honor.

OFFER OF EVIDENCE BY THE PROSECUTION

PROS. (Estimo):No further witness for the prosecution, YH.

J: Alright, make your offer of evidence.

PROS. (Estimo) With the permission of the Honorable Court.

YHP, the prosecution offers in evidence the following documentary exhibits:

EXH. A. MEDICO LEGAL REPORT NO. M-1827-00 from the

Philippine National Police Crime Laboratory Service
Region VII Regional Unit

EXH. A-1 The Signature of Dr. Dario L. Gajardo on the Medic Legal Report

EXH. A-2 The Cause of the Death indicated in the Medico Legal Report

Exhibits A, A-1, and A-2, YH, are being offered in evidence to prove the fact and cause
of death of the victim in this criminal case, YH, which have been duly admitted by the defense
during the pre-trial together with the admission of the genuineness and due execution of Exhibit
A, YH.

EXH. B. POLICE INVESTIGATION REPORT dated 27 Nov 2000

Subscribed and sworn to before Assistant City Prosecutor
Elicio B. Lofranco

EXH. B-1 Signature of Witness, Gong Go on the Police

Investigation Report

Exhibits B and B-1, YH, are being offered in evidence to prove the investigation made
by the police of the crime and in support of the testimony of the witness during the trial in
connection with the circumstances of the crime.
 EXH. C. Page 1 of the LETTER OF REFERRAL to the Police with
the Mandue City Prosecutor’s Office

EXH. C-1 Page 2 of the LETTER OF REFERRAL

Exhibits C and C-1, YH, are being offered in evidence to prove the fact of referral by the
police upon its investigation to the Office of the Assistant City Prosecutor for purposes of filing
formal criminal charges against the accused, YH. Exhibits C and C-1 have been duly admitted
by the defense during the pre-trial as to its existence, YH.

EXH. D HANDWRITTEN LIST OF EXPENSES prepared by the

mother of deceased victim Mrs. Jessica Go

EXH. E CONTRACT OF FUNERAL SERVICES for the deceased

Bong Go with the funeral parlor

Exhibits D and E, YH, are being offered in evidence to prove the total expenses incurred
by the family of the victim in connection with the interment and burial of the deceased.

EXH. F CERTIFICATE OF DEATH of deceased victim Bong Go

Exhibit F is being offered in evidence to prove the fact of death of the victim, YH.

That is all for the prosecution, YH. The prosecution now rests its case.

============ Actually pwede na gani na diri ra ta taman.. but if ganahan jud mo magdugay.. pwede
padayo nsa defense na evidence)