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SCRIPT Sheet Music
Attempted Parricide
People vs. Balbuena Characters: Judge Prosecution Counsel Prosecution Witness Defense Counsel Defense Witness Accused Clerk of Court Interpreter
: : : : : : : :
Engr. Jerry Baliola Maribelle M. Villo (Complainant) Camad C. Ali, Jr. n/a Peter Christian S. Balbuena Nina Trecia Cabag Nina Trecia Cabag Setting 1 ARRAIGNMENT
July 08, 2012
Clerk of Court
Judge Clerk of Court Judge Prosecution Counsel Defense Counsel Judge Prosecution Counsel Judge Sheriff Clerk of Court Accused Clerk of Court
All Rise. The Court is now in session, silence is hereby enjoined. Hon. Baliola, Presiding PRAYER: Almighty God, we stand in your Holy Presence as Supreme Judge. We humbly beseech You bless and inspire us so what we think, say and do will be in accordance with your will. Enlighten our minds, strengthen our spirit, and fill our hearts fraternal love, wisdom, and understanding, so that we can effective channels of truth, justice and peace. In our proceed today, guide us in the path of righteousness for the fulfillment of greater glory. AMEN. (Stamp gavel) Sit Call the case. Crim. Case No. 101010 People of the Philippines vs. Peter Christian S. Balbuena For Attempted Parricide under Art. 246 of the RPC for ARRAIGNM Appearances? For the Government, Your Honor, ready For the defense, ready, Your Honor. Is the accused present? Ready for arraignment? Yes, Your Honor, ready. Okay, arraign the accused. (Assisting the accused to the witness stand) What language/dialect do you understand? English Please raise your right hand Sign up to vote on this title (Read the information) Useful Not useful (After reading, ask the accused if the understood) Ask for the plea of the accused
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----Setting 2
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PRELIMINARY CONFERENCE
July 15, 2012 REPUBLIC OF THE PHILIPPINES FIRST JUDICIAL REGION REGIONAL TRIAL COURT
BRANCH 03 DUMAGUETE, NEGROS ORIENTAL THE PEOPLE OF THE PHILIPPINES Plaintiff, -versusPETER CHRISTIAN S. BALBUENA Address: Brgy. Banilad, Dumaguete City, Negros Oriental Accused, X-------------------------------------X
CRIMINAL CASE NO.101010 FOR:
ATTEMPTED PARRICIDE in relation to R.A. 9262
PRELIMINARY CONFERENCE July 15, 2012 For the PROSECUTION Maribelle M. Villo and The People
For the DEFENSE Peter Christian S. Balbue
You're Reading a Preview Assisted by: Pros. Petchrist S. Balbuena II Clerk of court Prosecution counsel Defense counsel Clerk of court
Prosecution counsel
Unlock full access with a free trial.
Assisted by: Atty. Camad C. Ali, Jr.
Download With Free Trial Good Morning Fiscal ---- and Atty. Camad C. Ali, Jr. are we read the preliminary conference? Yes, we are ready. Ready, Ma’am. What is your documentary evidence, Fiscal? The prosecution would like to present as documentary and o evidence the following: 1. Exhibit “A and A-1” – the sworn statement of the compla MARIBELLE M. VILLO consisting of two pages and its pur to prove the material allegations in the information. 2. Exhibit “A-2” – the signature of MARIBELLE M. VILLO. 3. Exhibit “B and B-1” – the sworn statement of Marjory Jan Villo and its purpose to corroborate the allegations o Sign up to vote on this title witness MARIBELLE M. VILLO. Useful Not useful 4. Exhibit “B-2” - the signature of Marjory Jane M. Villo 5. Exhibit “C and C-1” – the Medical Certificate dater Dece 22, 2012.
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Defense counsel Clerk of court Prosecution counsel Clerk of court Prosecution counsel Defense counsel Clerk of court Prosecution counsel Defense counsel Clerk of court Prosecution counsel
Defense counsel Clerk of court Defense counsel Prosecution counsel Clerk of court Prosecution counsel Defense counsel Clerk of court
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For the accused, we reserve our evidences during the pre conference, if there is any. Any objection from prosecution counsel? No objection for the meantime, Ma’am. Okay. How about your witnesses? As to our witness, we have the private offended party by nam Maribelle M. Villo. For the defense, we would like to present the accused Peter Chr S. Balbuena. Is there possibility of settlement, counsels? Very remote. Not possible. Stipulation of facts. The jurisdiction of the Court is admitted. The victim and the accused are legally married with two legiti children is admitted. The victim is a battered woman is disputed. The victim’s injury due to hacking is not admitted. Identity of the accused is admitted. The weapon used is a bolo is not admitted. Any more or other matters? As for now, we have no more things to discuss. Same here, we reserve to have additional witnesses and evid during the pre-trial conference, if there i s any. Okay counsels, when will be the pre-trial conference? On July 22, 2012. Okay, I am also available that date. You're Reading aon Preview Okay, July 22, 2012 is the pre-trial conference. Thank you, coun Unlock full access with a free trial. Have a good day. --Download With --- Free Trial Setting 3 PRE-TRIAL CONFERENCE
July 22, 21012
Clerk of court
Judge
Clerk of court Judge Prosecution counsel
All rise. The court is now in session, silence is hereby enjoined, Hon. Baliola, Presiding. - - - PRAYER - - - (Stamp gavel) Sit Call the case. Crim. Case No. 101010 People of the Philippines versus Peter Christian S. Balbuena ATTEMPTED PARRICIDE in relation Sign up to to voteR.A. on this9262 title for PRE-T CONFERENCE Useful Not useful Appearances? For the Government, Your Honor, ready.
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Set this case for trial on July 29, 2012. SO ORDERED. ----Setting 4 (TRIAL PROPER)
Sheet Music
st
1 WITNESS FOR THE PROSECUTION
July 29, 2012 MARIBELLE M. VILLO
Clerk of Court
Judge
Clerk of Court Judge Prosecution Counsel Defense Counsel Judge Prosecution counsel Judge Interpreter Witness (Complainant) Interpreter Witness (Complainant) Interpreter Judge
Prosecution counsel
All Rise. Let us remain standing and join in praying for prayer PRAYER: Almighty God, we stand in your presence as our supr judge, we humbly beset you to bless and inspire us so that wha think, say and do will in accordance with your will. Enlighten minds, strengthen our spirit and fill our hearts with fraternal justice and peace in our proceedings today, guide us in the righteousness for Your fulfillment of Your greater glory.
WITNESS, the Honorable Judge Jerry Baliola, Presiding. Silen hereby enjoined. (Stamp gavel) Sit Call the case. Crim. Case No. 101010 People of the Philippines versus Peter Christian S. Balbuena ATTEMPTED PARRICIDE for the presentation of evidence by Prosecution. Appearances? Entering my appearance for the State, your Honor. We are ready You're Reading a Preview present our witness, MARIBELLE M. VILLO. Entering Unlock my appearance asacounsel full access with free trial. for the accused, your Honor. Okay, present your witness I am presenting to the witness stand the witness, your Honor. Download With Free Trial Swear the witness. Raise your right hand. Do you swear to tell the truth, the whole and nothing but the truth? I do. Please state your name and other personal circumstances. (The witness will state demographic variables and other pers circumstances) The witness is now ready, your Honor. Prosecution counsel, your witness is now ready. With the kind permission of the Honorable Court, we are offerin testimony of this witness Your Honor to prove the material alleg in the criminal information and the same person is the pr offended party in this case thatSign sheupknows accused because to vote the on this title are husband and wife; to identify the perpetrator and likewis Useful Not useful identify some documents namely affidavit she executed in relatio this case and to testify on other matters relative thereto, Your Ho
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Prosecution counsel Witness (Complainant) Prosecution counsel Witness (Complainant) Prosecution counsel Witness (Complainant) Prosecution counsel Judge Witness (Accused) Prosecution counsel Witness (Complainant) Prosecution counsel Witness (Complainant) Prosecution counsel Witness (Complainant)
Prosecution counsel
Witness (Complainant) Prosecution counsel Defense counsel Prosecution counsel Judge Prosecution counsel Witness (Complainant) Prosecution counsel Witness (Complainant) Prosecution counsel Witness (Complainant)
Prosecution counsel
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Would you be able to recognize this person if you will see him Yes, Ma’am. Is the accused you are referring to found inside this courtroom? Yes, Ma’am. Can you please point to the person whom you are referring to? It’s him. (pointing to the accused) We would like to manifest on the record that the witness has po a person sitting at the defense table. A man wearing a Prisoner’s clothes , who answers by the name of Peter Christian S. Balbuena Why do you know the said accused? Because the accused is my husband. Do you have any proof that you’re indeed husband and wife? Yes, Ma’am What is your proof that both of you are legally married? Our marriage certificate, Ma’am. Now, part of this case is a certificate of marriage between accused and the complainant. Showing to you this marriage certificate, will you kindly tel honorable court if this is the same marriage certificate you referring to that proves your relationship to the accused? Yes, Ma’am. This is the proof of our relationship as husband and May I request the prosecution to admit the genuineness of the document. Yes. We admit. Your Honor, this marriage certificate was previously marked d the preliminary conference as Exh. “C”. May we pray that the You're Reading a Preview marking be adopted, Your Honor. Unlock full access with a free trial. Mark it accordingly. Now, Mrs. Witness, can you recall having executed an affida Download relation to this case.With Free Trial Yes, Ma’am. Showing to you is an affidavit which is part of the records of this Will you kindly tell this honorable court if this is the same affi that you executed in relation to this case. Yes, Ma’am. Now in this affidavit, on the second page, there is a printed name above that printed name is a signature. Will you kindly tell this honorable court whose signature is this? That is my signature, Ma’am. Your honor, I would like to manifest that this affidavit was previ marked during the preliminary evidence as Exh. “A” and page Exh. “A-1”. I am adopting the said marking your honor as the s Sign up to vote on this title exhibit. useful name and May I likewise pray your honor that theNot printed Useful signature appearing above the printed name which was identified by this witness as her signature be bracketed and ma
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Witness (Complainant) Sheet Music
Prosecution counsel Witness (Complainant) Prosecution counsel Witness 1 Prosecution counsel Witness (Complainant) Prosecution counsel Witness (Complainant) Prosecution counsel Witness (Complainant) Prosecution counsel Witness (Complainant) Prosecution counsel Witness (Complainant) Prosecution counsel Witness (Complainant) Prosecution counsel Witness (Complainant) Prosecution Judge Prosecution counsel Witness (Complainant) Prosecution counsel Witness (Complainant) Prosecution counsel Judge Prosecution counsel Witness (Complainant) Prosecution counsel
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At around 10 o’ clock in the evening Can you recall Madame witness where were you sometime i n Jun 26, 2012 at around 10 o’clock in the evening? Yes, Ma’am And where were you in particular when did the incident took pla I was in my house with my children getting ready to sleep. What happened next? I heard my husband shouting at me. He was outside the house t to open the gate. What did you do, if any? I stood up and opened the door. Any untoward incident that occurred when you opened the doo him? I was shocked and surprised when he came running towards me hacked me with his bolo which fortunately, I evaded his strike only my chin got injured by the tip of his bolo. Prior to that hacking incident, what else had you observed? After opening the door, I saw my husband carrying a bolo and running towards me. What else? His stance was in striking position. If the bolo will be shown to you, will you be able to identify it? Yes, Ma’am. I am showing to you a bolo, is this the instrument you are referri which your husband used in hacking you? Yes, Ma’am. This is the one. May we pray Your Honorathat this object evidence be marked as You're Reading Preview “E” as previously marked during the preliminary conference. Unlock full access with a free trial. Mark it accordingly. You said you were injured. Did you secure a medical certifica Download With Free Trial relation to that incident? Yes, Ma’am. Part of the records of this case is a medical certificate issued in favor, will you kindly go over this and tell the honorable court if t the same medical certificate issued in your favor. Yes, Ma’am. This is the same medical certificate issued to me after the incident. May I manifest your honor that this medical certificate was mark during preliminary conference as Exh. “C”. May we pray that the same marking be adopted. Mark it accordingly. Now after you were hit at your chin by the tip of his bolo wha you do? Sign up to vote on this title What happened next? useful I rolled down on the ground. I ranUseful with fear trying to escape from Not husband’s evil intent. What transpired next?
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Judge Defense counsel Judge Defense counsel Witness (Complainant) Defense counsel Witness (Complainant) Defense counsel Witness (Complainant) Defense counsel Witness (Complainant) Defense counsel Witness (Complainant) Defense counsel Witness (Complainant) Defense counsel Witness (Complainant) Defense counsel Witness (Complainant) Defense Counsel Judge Prosecution Judge Prosecution counsel Judge
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Cross-examination by the defense? Just a few questions, Your Honor. Subject to cross. Proceed. With the kind permission of this honorable court. How many times did your husband physically harm you. I can’t barely count how many times he beat me. But a lot of t since we got married. Can you recall when was the first time your husband did phys harm you? I cannot recall when was the first time, Sir. How were you physically harmed by your husband? By slapping me in the face. You said here that it caused you physical, psychological emotional abuses. Is it correct? Yes, Sir. Now, can you tell us how did your husband physically, psycholog and emotionally abuse you? Shouting and insulting me. Did you consult any psychiatrist to prove that you are psycholog and emotionally abused? I have not, Sir. On Dec. 22, 2011 can you recall how were you physically harme your husband? I was struck by my husband with the use of his bolo and hit me chin. You said that you were harmed by your husband several times. D you report any of those physical harm to the police and have it You're Reading a Preview blathered prior to the filing of this case. Unlock No. I have not, full Sir.access with a free trial. No more further questions, Your Honor. With Free Trial Re-direct Download from prosecution? No. That would be all, Your Honor. Any more witness for the prosecution counsel? Your Honor, I have no more witness to present. I would like to m now our formal offer of evidence. Granted. You may now formally offer your evidence now. Thank you, Your Honor. Your Honor, I respectfully offer our evidence as follows:
1. Exhibit “A and A-1” – the sworn statement of the compla MARIBELLE M. VILLO consisting of two pages and its pur to prove the material allegations in the information. 2. Exhibit “A-2” – the signature of MARIBELLE M. VILLO. 3. Exhibit “B and B-1” – the sworn statement of Marjory Jan Sign up to vote on this title Villo and its purpose to Useful corroborate allegations o useful Notthe witness MARIBELLE M. VILLO. 4. Exhibit “B-2” - the signature of Marjory Jane M. Villo
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testimonies of Maribelle M. Villo, the prosecution hereby respec rests their case.
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Judge
Defense Counsel
Judge
Judge Defense counsel
Judge
Respectfully submitted. Any objection from the defense? Exhibit “A and A-1”, the sworn statement of the complaina objected for being self serving, Your honor. Exhibit “C”, the medical certificate is objected because the docto who issued the medical certificate was not put to witness stand. As to other exhibits, no objection, Your Honor. ORDER The Prosecution counsel manifested that it has no more witne present. The prosecution counsel offered the Exhibits A to E and markings. Such exhibits are admitted as prosecution’s evid considering that these exhibits are not disqualified under the rul evidence. Defense counsel, Are you ready to present your witness afternoon? We are not presenting any witnesses, Your Honor; we will subm same for judgment of this honorable court. We, therefore, respectfully rest our case. Granted.
Considering the manifestation of both counsels, let this case dee submitted for decision. The parties are given thirty (30) days from today to submit respective memoranda to be filed simultaneously. You're Reading a Preview SO ORDERED. Unlock full access with a free trial. Setting Download With 5 Free Trial PROMULGATION OF JUDGMENT August 30, 2012
Clerk of Court Judge Clerk of Court Judge Prosecution counsel Defense counsel Judge Clerk of Court Judge
All Rise PRAYER Call the case. Crim. Case No. 101010 People of the Philippines versus Peter Christian S. Balbuena ATTEMPTED PARRICIDE in relation to R.A. 9262 for PROMULGA OF JUDGMENT. Appearance? For the Government, Your Honor, we are ready. For the defense, ready, Your Honor. Sign up to vote on this title Is the accused present? Useful Not useful He is present, Your Honor. Read the decision.
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exemplary damages in the amount of P 25, 000. The number of that said accused is under preventive detention shall be credit his favor.
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DEFENSE EVIDENCE
The defense did not present any evidence to prove their defense. The accused waive his rig against self - incrimination. On August 23, 2012, the prosecution orally offered their documentary and testimonial evidence. Exhibit A and its sub markings, Exhibit B and C are admitted as prosecutions documentary evidence.
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