COURT SCENE: MODULE 3

(ARRAIGNMENT & PRE-TRIAL) – for Group 3

A criminal action for Direct Assault

(under Article 148 of the Revised Penal Code)

ARRAIGNMENT
(with appointment of Counsel de Oficio)

SETTING:
RTC Branch 4, 11th Judicial Region, Taragona, Davao
Oriental, September 12, 2020 (Saturday) at 3pm.
CHARACTER ASSIGNMENT:

Role / Character: Played by:

Judge Anna Sophia Tarhata
Piang
Court Interpreter Francris Talon
Court Stenographer Louis Palma Gil
Clerk of Court Kindy Mae Pamaos
Public Attorney’s Office (PAO) / Defense Pearlie Joy Suarez
Counsel
Accused Harry Roki Mark Joseph Virgilio
Offended Party / Chito Benrich Tan
Galvez
Prosecutor 1 Khely Peroy
Prosecutor 2 Ergel Mae Rosal
Narrator Nikki Tan

ENTRANCE:

[Judge enters the courtroom]

COURT INTERPRETER:
All rise!

[Everybody stands]

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COURT INTERPRETER:
Let us 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 live, 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.
Court is now in sessions. Silence is hereby enjoined. Branch
4, Regional Trial Court of Taragona, Davao Oriental,
Honorable Judge Anna Sophia Tarhata P. Piang, presiding.
[Judge bangs gavel once, everybody sits down.]

JUDGE:
Call the case.
CLERK OF COURT:
Criminal Case No, 19-090909: People of the Philippines
versus Harry Roki for Direct Assault upon a person in authority
for Arraignment and Pre-Trial.
JUDGE:
Are the parties present?
COURT INTERPRETER:
Yes, your Honor.
JUDGE:
Where is the accused, Mr. Harry Roki?
COURT INTERPRETER:
Naa ba diri karon si Mr. Harry Roki?

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ACCUSED:
Stands and raises his hand. Ako po, judge.
JUDGE:
Do you have a lawyer?
COURT INTERPRETER:
Naa ba kay abogado?
ACCUSED:
[shakes his head] Wala sir, wala judge kay wala koy
pambayad ug abogado…
JUDGE:
Very well. I will assign a lawyer to handle your case. *looks
around the Court room* Is there a lawyer from the Public
Attorney’s Office present here today?
PAO:
Yes, your Honor. I am Atty. Pearlie Joy Suarez of the Public
Attorney’s office.
JUDGE:
Alright. Atty. Pearlie Joy Suarez is hereby appointed as
counsel de officio for the accused. I will grant you time to
confer with the accused, about 5 minutes. I will call your case
again. For the meantime, let us proceed with the other cases
scheduled for today.

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 OTHER CASES/ TRANSITION/
REASONABLE TIME FOR PAO TO CONFER WITH HARRY ROKI

COURT INTERPRETER:
Criminal Case No, 20-090907: People of the Philippines
versus Juan Dela Cruz for Direct Assault upon a person in
authority for Arraignment and Pre-Trial.
JUDGE:
Are the parties present?

COURT INTERPRETER:
Yes, your Honor.
NARRATOR:
The Court conducts arraignment in two (2) other cases.
Meanwhile, Hari Roki confers with his newly appointed
counsel from the Public Attorney’s Office (PAO) outside the
courtroom.
After the Court had finished with the two other cases, about
30 mins to an hour had passed. The case is called again.

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 CONTINUATION OF ARRAIGNMENT
CLERK OF COURT:
Criminal Case No, 19-090909: People of the Philippines
versus Harry Roki for Direct Assault upon a person in authority
for Arraignment and Pre-Trial.
JUDGE:
Have you conferred with your client Atty. Suarez?
PAO:
Yes, your Honor.
JUDGE:
Are the other parties present?
COURT INTERPRETER:
Yes, your Honor.
JUDGE:
Let us proceed.
PROSECUTORS:
Your Honor, Atty. Khely Peroy and Atty. Ergel Mae Rosal,
entering our appearance for the Government.
PAO:
Atty. Pearlie Joy Suarez of the Public Attorney’s Office, for the
accused.
JUDGE:
Arraign the accused.
PROSECUTOR 1:
Your Honor, before we proceed, I would like to move for the
amendment of the Information to insert the words “in the head
and the entire” before the word “body” in the Information. I
have here with me the amended Information, and we are
submitting the same, your Honor.

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JUDGE:
Defense counsel, any comment?
PAO:
Your Honor, we would like to oppose the motion for the
amendment of the information to insert the said words as
these are matters that are evidentiary in character and thus
must be proved during the trial.
PROSECUTOR 1:
Your Honor, please! Accused is yet to be arraigned, hence,
the Prosecution can still amend the Information. Under
Section 14, Rule 110 of the Revised Rules of Criminal
Procedure governs the matter of amending the information. —
A complaint or information may be amended, in form or in
substance, without leave of court, at any time before the
accused enters his plea.
JUDGE:
There is no precise definition of what constitutes a substantial
amendment. According to jurisprudence, substantial matters
in the complaint or Information consist of the recital of facts
constituting the offense charged and determinative of the
jurisdiction of the court. Under Section 14, however, the
prosecution is given the right to amend the Information,
regardless of the nature of the amendment, so long as the
amendment is sought before the accused enters his plea,
subject to the qualification under the second paragraph of
Section 14.The Motion is granted. The amended Information
is hereby admitted. Let us now proceed with the arraignment
of accused.

[Accused will stand, assisted by Police Officers and proceeds in front of the court
interpreter.]
PAO:
Your Honor. Please, my client prefers to be arraigned in the
Bisaya dialect.

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JUDGE:
Interpreter, use the Bisaya dialect in translating the
Information.
INTERPRETER:
Yes, your Honor.
JUDGE:
Proceed with the arraignment.
INTERPRETER:
The accused is charged with the Crime of Direct Assault upon
person in authority.
(That on or about the 8th day of May, 2020, in the Municipality
of Taragona, Province of Davao Oriental, Philippines, and
within the jurisdiction of this Honorable Court, the above-
named accused, did then and there willfully, unlawfully and
feloniously attack, assault CHITO GAVEZ, Barangay
Kagawad of Barangay DOHA, Taragona, Davao Oriental, by
reason of his performance of official duties during the
community quarantine period by then and there punching him
several times in the body.)
Ang akusado kay gi akusahan sa pagpanakit sa usa ka
otoridad.
Ngadtong Mayo Otso Dosmil Bente, sa Municipalidad sa
Taragona, Davao Oriental, sakop niinining dungganong korte,
ang gihinganlang akusado, pinaagi sa iyang kaugalingong
buhat og tinuyuan nga supak sa balaod, gisumabag sa
makadaghang higayon si Chito Gavez, usa ka barangay
Kagawad sa Barangay Doha. Nahitabo ang pagpanumbag sa
maong biktima tungod sa pagpatupad samtang naga patupad
kini sa iyang opisyal na trabaho bilang Kagawad karung
Community Quarantine.
Sad-an o dili sad-an?
ACCUSED:
Dili sad-an.
JUDGE:
Nakasabot ba ka sa akusasyon sa imo?

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ACCUSED:
Nakasabot.
JUDGE:
Order, enter a plea of not guilty for accused Harry Roki, who
was arraigned today in the Bisaya dialect with the assistance
of Atty. Suarez from the Public Attorney’s Office. Let us now
proceed to the Pre- Trial Conference pursuant to the Rule on
Continuous Trial in Criminal Cases and the Rules of Court.
Are the counsels ready?
PAO and PROSECUTORS:
Yes, your Honor.

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 PRE TRIAL CONFERENCE
JUDGE:
Let us proceed with the pre-trial.
Do the parties have stipulations?
PROSECUTOR 2:
We stipulate the personal circumstances of the accused,
Harry Roki, as to his identity in the information and
arraignment are one and the same.
PAO:
Stipulated.
PROSECUTOR 2:
The identity of Chito Gavez, the victim.
PAO:
Stipulated.
PROSECUTOR 2:
The date and place of the commission of the crime is on May
8, 2020 and in the Municipality of Taragona Province of Davao
Oriental.
PAO:
Stipulated.
PROSECUTOR 2:
That there was an altercation between the Gavez and Roki.
PAO:
Stipulated.
PROSECUTOR 2:
That the victim did not do anything to provoke the accused.
PAO:
Not Stipulated.
PROSECUTOR 2:
That would be all, your Honor.

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JUDGE:
For the defense?
PAO:
No proposal for stipulations on the part of the Defense, your
Honor.
JUDGE:
Very well. Let’s start with the marking of exhibits for the
prosecution.
PROSECUTOR 1:
Your Honor, we present the following documentary evidence
and mark as the prosecution’s exhibits:
Exhibit A: Affidavit of the victim Chito Gavez Exhibit B: Medical
Certificate of Chito Gavez Exhibit C: Police Blotter
Exhibit D: Barangay Blotter
Exhibit E: Certification as to Barangay Conciliation issued by
the Barangay Captain
JUDGE:
Prosecution, are the originals of these documents available?
Otherwise, they will be conditionally marked subject to the
presentation of the original during the trial proper.
PROSECUTOR 1:
We have the original copies, your Honor, and we are now
submitting them to the Court.
JUDGE:
Alright. How many witnesses do you intend to present?
PROSECUTOR 1:
For our witnesses, private complainant Chito Galvez, the
Physician, Dr. Henry Santos, who issued the medical
Certificate and the Barangay Captain, Ms. Maria Dela Cruz,
your Honor.

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 Also, your Honor, we would like to reserve the right to mark
and present additional documents and witnesses during the
course of the trial as the need arises.
JUDGE:
Defense, have you perused the exhibits of the Prosecution?
PAO:
Yes, your Honor.
JUDGE:
Alright. Let us go to the Defense’s Exhibits.
PAO:
No exhibits for the defense, your Honor. But we reserve the
right to mark and present documents, if any, during the course
of the trial. For our witnesses, the accused himself will testify
and another reserved witness whose identity shall be
disclosed 3 days before the trial.
JUDGE:
Very well. Considering that this trial is governed by the Rule
on Continuous Trial in Criminal Cases. the witnesses for the
prosecution should be subpoenaed at the same time.
Prosecution, any application for subpoena duces tecum in
addition to subpoena ad testificandum to be issued by the
Court?
PROSECUTOR 2:
No application for subpoena duces tecum, your Honor. We
already have all the originals of the documents we wish to
present in Court. We just need subpoena ad testificandum for
our listed witnesses.
JUDGE:
Very well. Are there manifestations from the parties before we
will terminate the Pre-trial Conference?
PAO:
None for the defense, your Honor.

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PROSECUTOR 2:
No more manifestations, your Honor.

JUDGE:
Alright. Considering that the Prosecution has only three (3)
witnesses to be presented, the trial date for the Prosecution
will be on September 14, 2020. Please take note that the
Prosecution has to terminate their presentation of witnesses
on this date, and the cross examination by the defense of
these witnesses shall be terminated on the same day
pursuant to the Rule on Continuous Trial in Criminal Cases.
The formal offer of exhibits shall be done in open court after
the termination of the presentation of the Prosecution.
PROSECUTOR 1:
For the furtherance of speedy disposition of cases, we submit
to the sound discretion of the Court, your Honor.
PAO:
Your Honor, with the kind Indulgence of the Court, my client
just intimated to me just now that he wants to enter into a plea-
bargaining agreement with the Prosecution.
JUDGE:
Yes, counsel what does your client desire at this moment? Did
he change his mind?
PAO:
My client would like to withdraw his plea of not guilty, and
instead plea ‘guilty’ to the lesser offense of Resistance and
disobedience to a person in authority under Article 151 of the
Revised Penal Code.
JUDGE:
Comment from the Prosecution?
PROSECUTOR 2:
After conferring with the private complainant, we are
amenable for plea bargaining your Honor.

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JUDGE:
Very well. Any mitigating circumstances that the accused will
invoke?
PAO:
Your Honor, we invoke the mitigating circumstance of
spontaneous plea of guilt – accused having voluntarily came
up with the idea of plea bargain without prodding from his
counsel.
JUDGE:
Prosecution, any comment?
PROSECUTOR 2:
We submit, your Honor, to the discretion of the Court, just to
expedite termination of the case.
JUDGE:
And what about the civil aspect of the case?
PROSECUTION 2:
The complaining witness will no longer present evidence for
civil indemnity, your Honor.
JUDGE:
Defense Counsel, have you explained to your client the
consequences of his plea of ‘guilty’? That he will be sentenced
accordingly and may face jail time?
PAO:
Yes, your Honor. He stands firm on his decision.
JUDGE:
Very well. Re-arraign the accused for the crime of Resistance
and disobedience to a person in authority
INTERPRETER:
The accused is charged with the Crime of Resistance and
disobedience to a person in authority.
That on or about the 8th day of May, 2020, in the Municipality
of Taragona, Province of Davao Oriental, Philippines, and

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 within the jurisdiction of this Honorable Court, the above-
named accused, did then and there willfully, unlawfully and
feloniously resist or seriously disobey CHITO GAVEZ,
Barangay Kagawad of Barangay DOHA, Taragona, Davao
Oriental, a person in authority, who was in the performance of
official duties during the community quarantine period by then
and there punching him several times in the body.
Ang akusado kay gi akusahan sa krimin nga pagsuwaysuway
sa mga otoridad.
Ngadtong Mayo Otso Domil Bente, sa Municipalidad sa
Taragona Davao Oriental, sakop niining dunganong korte,
ang gihinganlang akusado, pinaagi sa iyang kaugalingong
buhat og tinuyuan, nagsupak-supak kay Chito Gavez, usa ka
barangay kagawad nga nag dumala lamang sa iyang
responsibilidad karong Community Quarantine. Atol niini,
gisumbag sa maong akusado ang maong kagawad.
Sad-an o dili sad-an?
ACCUSED:
sad-an.
INTERPRETER:
Accused pleaded guilty for the crime of Resistance and
disobedience to a person in authority your Honor.
Judge:
Counsel for accused, are you ready for sentencing?
PAO:
We are ready, your Honor. And we pray that accused be
credited with the mitigating circumstance of spontaneous plea
of guilt.
JUDGE:
Prosecution?
PROSECUTORS:
We submit, your Honor.
JUDGE:

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 ORDER. When this case was called for Arraignment and Pre-
trial Conference, the Government was represented by
Prosecutors Atty. Nikki Louise Tan and Atty. Ergel Mae Rosal,
and accused was represented by counsel de oficio Atty.
Pearlie Joy Suarez from the Public Attorney’s Office. When
the Pre-trial Conference was about to be terminated, accused
and counsel manifested that accused will be entering into a
plea-bargaining agreement with the Prosecution. Thereafter,
the Defense and Prosecution were allowed to exchange their
arguments and they immediately agreed that accused be
allowed to plea ‘guilty’ to the lesser offense of Resistance and
Disobedience to a Person in Authority instead of Direct
Assault. Complainant also waived his right to present
evidence for the civil aspect of the case, while accused,
through counsel, invoked the mitigating circumstance of
spontaneous plea of guilt. Thereafter, accused was re-
arraigned in the Bisaya Dialect, and he pleaded guilty.
Wherefore, the accused Harry Roki is hereby found guilty
beyond reasonable doubt of the crime of Resistance and
Disobedience to a Person in Authority as defined and
penalized under Article 151 of the Revised Penal Code. The
mitigating circumstance of spontaneous plea of guilt is
appreciated in his favor. Consequently, he is imposed with a
penalty of imprisonment of one (1) month to two (2) months of
arresto mayor and to pay a fine of three-thousand pesos
(P3,000). No civil liability is imposed against the accused. SO
ORDERED.
PROSECUTORS and PAO:
Thank you, your Honor.
JUDGE:
Session is now adjourned. [bangs the gavel]
INTERPRETER:
All rise. [judge exits the podium]

- End of Court Scene -

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