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SCRIPT

ARRAIGNMENT -1
January 22, 2015

Clerk of Court

Judge

Clerk of Court
Judge
Prosecution
Counsel
Defense Counsel
Judge
Defense Counsel
Judge
Prosecution
Counsel

Judge

Defense Counsel

All Rise.
The Court is now in session, silence is hereby
enjoined. Hon. ________________, Presiding.
PRAYER: Almighty God, we stand in your 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 fraternal 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.
(Stamp gavel) You may now all sit
Call the case.
Crim. Case No. 005
People of the Philippines vs. HELEN OMPOY
For GRAVE ORAL DEFAMATION under Article 358 of
The Revised Penal Code for ARRAIGNMENT
Appearances?
For the Government, Atty. ________________Your
Honor, ready
For the defense, Atty.______________, Your Honor, we
are moving that the arraignment of the accused be
deferred and that the accused be requested for
medical/psychological examination
Why? What is her condition?
Your Honor, the accused cannot enter into an
intelligent plea because the accused seems to be
suffering from a mental defect.
Any objections or comment from the prosecution?
We submit to the discretion of the Honorable Court
your Honor
The counsel for the accused is hereby directed to
submit a Medical Certificate that will indicate the
mental condition of the accused whether or not she
is of unsound mind and fit for purposes of
arraignment and enter into the rigors of trial
We are submitting herewith your honor the Medical
Certificate of Dr._____________, a government
physician who has examined the accused
thoroughly and has certified that the accused is not

Judge
Prosecution
Counsel

of sound mind and therefore, not fir to enter into an


arraignment or enter into the rigors of trial.
(Judge Examines the Medical Certificate) Any
manifestations from the prosecution?
None Your Honor
On the basis of the certification of Dr._____________
of Zanorte Medical Center, who attested that the
accused has a problem of her mental condition and
is no of sound mind, there can be no valid and
intelligent plea that can be made during the
arraignment.

Judge:

Let therefore the arraignment of the accused be


deferred. The accused is directed to be brought or
confined to a facility for medical treatment.
The Prosecution counsel and the accused counsel
are directed to submit a monthly report to this
court to determine if the accused may now be fit
for further proceeding. So ordered...

SCRIPT
ARRAIGNMENT-2
January 22, 2015

Clerk of Court

Judge
Clerk of Court

All Rise.
The Court is now in session, silence is hereby
enjoined. Hon. ________________, Presiding.
PRAYER: Almighty God, we stand in your 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 fraternal 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.
(Stamp gavel) You may now all sit
Call the case.
Crim. Case No. 0003
People of the Philippines vs. JOEL PULA, ROBERTO

Judge
Prosecution
Counsel

MAGALE, ARNOLD PARAMA, and RUDY BARNAYHA


For THEFT under Article 308 of The Revised Penal
Code for ARRAIGNMENT
Appearances?
For the Government, Atty. ________________Your
Honor, ready
For the defense, Atty.______________, Your Honor, we
are ready.
Your Honor please, the accused would like to enter
into a plea bargaining agreement.

Defense Counsel

Judge

Prosecution
Counsel

Judge

Prosecution
Counsel

Judge
Defense Counsel
Judge
Clerk of Court
Accused
Clerk of
Court/Interpreter

We are offering as part of the plea bargaining that


the other accused named, ROBERTO MAGALE,
ARNOLD PARAMA, and RUDY BARNAYHA, be
dropped from the complaint and that the accused
JOEL PULA will be offered to plead guilty to the
crime of THEFT under Article 308 of The Revised
Penal Code, provided that the voluntary plea and
voluntary surrender of the accused be appreciated
in the imposition of the penalty.
Any comment from the prosecution?
We will confer first with the private complainant
Your Honor.
(Fiscal talks with the private complainant)
The complainant is amenable Your Honor. Anyway,
the items subject of the Theft were already
recovered.
What is your recommended penalty Fiscal?
Your Honor, since the value of the property stolen
is worth 2,000 pesos, the imposable penalty should
be prison correccional in its minimum and medium
periods, pursuant to Article 309 of the Revised
Penal Code. But considering that the accused is
entitled to two mitigating circumstances which is
equivalent to a reduction of penalty 1 degree
lower, the proper penalty should be Arresto mayor
in its minimum period to medium period.
Any comments from the defense counsel?
None Your Honor
Arraign the accused
What dialect/ language do you understand?
(Makasabot ba ka ug English? Or Cebuano?)
Cebuano
Palihug ko ug isa sa imung tu-o nga kamot
Niadtung alas dos(2 o clock) takna sa kahapunon
sa petsa Septembre Uno, tuig dos mil syete, sa

sitio Maralag, Barangay Guinles, Lungsod sa


Polanco, sa Probinsya sa Zamboanga del Norte,
ikaw Joel Pula, nga may katuyu-an sa paglambo, ug
pinaagi sa pag pwersa sa maong butang ug pag
intimidar sa maong tag-iya sa butang, ug walay
pag pananghid ug pag konsente sa sa maong tagiya, imung gikuha ug gidala ang duha ka
kahon(2boxes) nga Lanzones nga gipanag-iyahan
ni Ricky Alaman, nga nag kantidad ug DOS MIL
PESOS(2 thousand pesos) nga nag resulta sa pagka
pobre ug pagka alkanse sa maong tag-iya.

Accused
Clerk of Court/
Interpreter

Unsa man imung plea? Ikaw ba mu angkon sa


maong sumbung nga tinuod?
Yes sir. Guilty
Your Honor, the accused pleaded guilty to the
crime charged.
The
accused
duly
assisted
by
counsel
Atty._____________ whom was arraigned of the
information in the Cebuano dialect to which he
speaks and understands, pleaded to the crime of
THEFT as described in the information.
On the basis of the voluntary plea of guilt, this
court finds the accused guilty beyond reasonable
doubt of the crime of Theft, as described and
penalized under Article 308 of the Revised Penal
Code.

Judge

Taking into consideration his voluntary surrender


and voluntary plea of guilt as mitigating
circumstances in his favour, the accused is hereby
sentenced to the penalty of 1 degree lower which
shall be from prison correccional in its minimum
and medium periods, to Arresto mayor in its
minimum period and medium period.
The period of his detention shall be considered in
the imposition of the penalty.
The other accused ROBERTO MAGALE, ARNOLD
PARAMA, and RUDY BARNAYHA, are hereby dropped
from the information pursuant to the plea
bargaining agreement. So ordered.

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