[0:02]Good evening, Judge. Good evening, classmates. We are group one, composed of Mr. Atienza, Mr. Faldo, Mr. Macatangay, Mr. Papio, Miss Pesigan, and yours truly, Viliones Aguila. Please allow us to introduce our roles through a brief video presentation, to be immediately followed by our simulation of the arraignment and pre-trial proceedings for a criminal case of theft at the municipal trial court.
[0:37]All before the hallowed halls of the Metropolitan Trial Court of Caloocan City. To unfold a compelling pursuit for justice. Mr. J L Papio as a complaining witness and the owner of the Rolex Watch. Fiscal Mel Anthony A. Atienza as the public prosecutor. Honorable Joy Ann Briones-Aguila as the presiding judge. Mr. Lazaro S. Macatangay as the accused. Attorney Ed Jeffrey E. Faldo as the defense council. And Ms. Hazzle Marie A. Pesigan as the Clerk of Court. Prepared by Savian 4th year law students in Group 1. Let us all witness the simulation exercise of arraignment and pre-trial conference on criminal case number 5678, entitled People of the Philippines versus Macatangay, for theft involving a Rolex watch.
[1:57]All rise.
[2:02]The court is now in session. Silence is hereby enjoined. Honorable Joy Ann Briones-Aguila, presiding. Clerk of Court, please lead the prayer. 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. You may all take your seats.
[3:01]Clerk of Court, call the case, please. Criminal case number 5678 entitled People of the Philippines versus Lazaro Macatangay, y Sacro, for theft. Appearances, please. Good afternoon, your honor. Respectfully appearing for the prosecution. Is the private complainant present? Yes, sir, honor.
[3:30]How about the accused? Yes, your honor. A question to the accused. Do you have a lawyer? None, your honor. Will you be securing a council of your choice, or do you want this court to appoint a council the officio to assist you? I will be securing a services of a council, your honor. But for today, I may be, but for today, I may be assisted by a council appointed by by this court, your honor. Acknowledged. Attorney Faldo of the Public Attorney's Office is hereby designated as Council the officio to assist the accused. Accepted, your honor. I may be given time to confirm with the accused, your honor. Granted.
[4:21]Is he now ready for arraignment? Yes, your honor. The accused is ready for arraignment. In what language does the accused want to be arraigned? In the English language, your honor, please. Arraign the accused in the English language. Yes, your honor.
[4:44]Mr. Accused, I will now read the information. The undersigned Assistant City Prosecutor accuses Lazaro Macatangay y Sacro for the crime of THEFT, defined by Article 308 of the Revised Penal Code and penalized by Article 309 of the same code, as amended by Republic Act No. 10951, allegedly committed as follows: That on or about the 21st day of November, 2024 at about 11:00 o'clock in the evening in Caloocan City, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, with intent to gain and without the knowledge and consent of the owner thereof, did then and there willfully, unlawfully and feloniously take, steal, and carry away a Rolex watch amounting to One million One Hundred Thousand Pesos (₱1,100,000.00) belonging to Mr. Jay L. Papio, to the damage and prejudice of the said owner in the aforementioned amount.
[6:01]CONTRARY TO LAW. Did you understand what was read before you? Yes, ma'am. What is your plea? Not guilty, ma'am. After reading the information to the accused in a language known to him, the accused pleaded not guilty to the charge, your Honor. Duly noted. Before we proceed with the trial pre-trial conference, may we know from the parties if they are open to the amicable settlement with respect to the civil aspect of the case? Your Honor, the accused is willing to settle.
[6:39]No, your Honor. After conferring with my client, he manifested to this representation that he is not interested to settle the civil aspect of this case. This is noted. We will then proceed to the pre-trial conference. Yes, your Honor. With your indulgence, please allow us to arrange our exhibits on our desk in preparation for the pre-trial conference. Granted, please prepare them.
[7:16]So, the exhibits to be marked on the part of the prosecution, please? Yes, your Honor. Here are the exhibits for the prosecution. First, the complaint affidavit be marked as Exhibit A. Mark it, please.
[7:39]Your Honor, would also like to move for the marking of photograph of Rolex watch as Exhibit B. Mark it.
[7:54]The receipt of the Rolex watch amounting to 1,100,000 pesos be marked as Exhibit C, your Honor. Please mark it.
[8:10]The Rolex Service Card as proof of ownership be marked as Exhibit D. Mark it.
[8:24]Lastly, your Honor, the Brentwood Suites Hotel Official receipt as supporting document for jurisdiction, be marked as Exhibit E. Mark it, please.
[8:40]Your Honor, we would like to reserve for other documents to be marked and identified during the trial for good cause shown, your Honor. Duly noted. And on the part of the defense, documents to be marked as exhibits? Yes, if your honor, please, here are the exhibits for the defense. First, we move and pray that the counter affidavit executed by the accused be marked as our Exhibit 1. Mark it, please.
[9:19]Your Honor, we would also like to move for the marking of the affidavit of the witness for the defense, as our Exhibit 2. Mark it.
[9:30]Your Honor, we still have any other documentary evidence, but we would like to reserve the presentation of additional documentary evidence during the trial for good cause shown. This is noted. Genuineness and due execution. On the part of the accused, are you admitting the genuineness and due execution of the exhibits marked by the prosecution? Yes, your Honor. We admit the genuineness and due execution of exhibits A, B, C, D, and E. And on the part of the prosecution, are you admitting the genuineness and due execution of exhibits 1 and 2? Yes, your Honor. We admit the genuineness and due execution of Exhibit 1 and 2. Stipulation of facts, please. As to the identity of the accused, will the defense admit that the person arraigned is the same as the person charged in the information? Admitted? Admitted, your Honor.
[10:34]Your Honor, will the defense admit the territorial jurisdiction of this court over the case? Admitted, your Honor. On the part of the defense, do you have any proposal for stipulation? Yes, your Honor. The defense respectfully submits two proposals for stipulation. First, that the private complainant was consuming alcoholic beverages from 8:00 PM to 11:00 PM on November 21, 2024. And second, that the Rolex watch in question was never found nor seen in the possession of the accused. This is noted. Does the prosecution admit the proposed stipulations presented by the defense? As to the first proposed stipulation, it is admitted. However, we do not admit the second one, your Honor. Duly noted. And on the part of the prosecution, what is your factual issue? Yes, your Honor, the legal issue is whether or not the accused is criminally and civily liable for theft.
[12:26]Defense Counsel, are you joining the legal issue raised by the public prosecutor? Yes, your Honor.
[12:34]This is noted. Witnesses for the prosecution, please. Your Honor, the witness for the prosecution would be Mr. J L Papio. And we would like to make a reservation for one more witness for good cause shown, your Honor.
[12:54]Noted. On the part of the defense? Your Honor, we will present the accused himself. Mr. Lazaro S. Macatangay. And we would like to request for the reservation of an additional witness, your Honor. One additional witness to present in the course of the trial upon good cause shown. Duly noted. How many trial dates for the prosecution, please?
[13:19]Three trial dates, your Honor. And how about the defense? Three trial dates as well, your Honor. Considering that the prosecution is not open to the settlement of the civil aspect of the case, the court will no longer refer this case to the Philippine Mediation Division for mediation proceedings. Now, the trial dates for the prosecution to present its evidence are the following: January 30, February 20, and March 4, 2025, all at 1:30 in the afternoon. Whereas the trial dates for the defense to present its evidence are April 10, May 2, and May 22, all at 1:30 in the afternoon, as well. These trial dates are final and intransferable, and no motions for postponement that are dilatory in character shall be entertained by the court. If such motions are granted in exceptional cases, the postponements by either party shall be deducted from such party's allotted time to present evidence. Failure of the party or his or her counsel to comply with the above-mentioned schedule of hearings and deadlines shall be a ground for imposition of fines and other sanctions by the court. The parties and their counsels are hereby notified hereof, and the court shall no longer issue a subpoena to the parties present today. Any other matters? What is your pleasure now, counsels? Your Honor, we would like to move for the termination of the pre-trial conference. Yes, your Honor, we are joining the manifestation. As jointly prayed for by the public prosecutor and the counsel for the accused, the pre-trial conference in this case is hereby terminated. Attorney Faldo of the Public Attorney's Office, having been appointed only for purposes of today's hearing, is relieved of his duties and responsibilities as Council de Officio for the accused. So ordered.
[15:27]Please don't forget to sign the minutes of the proceeding. The accused and his counsel are also requested to sign the certificate of arraignment. Any other cases? No more cases left to hear, your Honor. All rise.
[15:45]The session will now adjourn. Session adjourned.
