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Mock Trial Script

Group 1

Arraignment
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
Clerk of Court
and peace. In our proceedings today, guide us in the path of
righteousness for the fulfilment of Your greater glory. Amen.

All rise, the Court is now in session. Honorable Judge __________ is


presiding.
Criminal Case No. _______ for Reckless Imprudence Resulting in
Interpreter:
Homicide, for the presentation of Evidence
The Court Appearances?
Pros Respectfully appearing for the people, your honor.
Counsel Same appearance for the accused, your honor.
Judge Is the Accused around?
Counsel The Accused is present, Your Honor
Judge Arraign the accused.
Criminal Case No. ______; People of the Philippines vs. Luis Cruz For:
Reckless Imprudence Resulting in Homicide

The Undersigned City Prosecutor hereby accuses LUIS CRUZ y


ABELLA of the crime of Reckless Imprudence resulting in Homicide
defined and penalized under Article 365 paragraph 1 (2) of the Revised
Penal Code, committed as follows:

That on or about September 07, 2018, in the City of Tuguegarao,


Province of Cagayan, and within the jurisdiction of this Honorable Court,
the above-named accused, did then and there willfully, unlawfully,
feloniously and knowingly but without malice, drive, manage and
operate a Black Euro motorcycle with Plate No. AA-237 in reckless,
Interpreter careless, negligent and imprudent manner without due regard to traffic
laws, rules, regulations and ordinances and without taking the necessary
precaution to prevent accident to persons and damage to property, and
due to his recklessness the said motorcycle he was then driving at a fast
speed heading south direction towards the town proper, hit and bump
the victim, CHARLIE DANAO y FONTANILLA, who was walking on
the shoulder of the road along the highway of Barangay Buntun,
Tuguegarao City, Cagayan, was thrown away about six (6) meters who
sustained injuries that caused his death.

CONTRARY TO LAW.

Tuguegarao City, Cagayan, September 10, 2018.

Do you understand the allegations of facts stated therein?


Accused Yes Ma’am.
Interpreter What is your plea?
Accused Guilty, Your Honor.
Interpreter The accused pleaded guilty, Your Honor.
Judge Is the accused interested in applying for plea bargaining?
Accused Your Honor, may we

Judge What is the status of the case?


Prosec A pre-trial order has been issued by this Honorable Court. We now pray,
Your Honor that our motion for reconstitution of records be granted.
Proceed. Finding that motion to be sufficient in form and substance, this
Judge
Court hereby grants and admits the evidence attached thereto. Ready?
DIRECT EXAMINATION OF FIRST WITNESS FOR THE PROSECUTION
Judge Proceed to trial. Who’s your first witness, Fiscal?
Pros Yes, your honor. May we call to the witness stand ___________.
Judge Intepreter, ask the witness if he/she can understand the English
language.
Interpreter Do you understand English? (if not, what language can you understand
and comfortable speaking with?)
Judge Swear the accused.
Interpreter Raise your right hand. Do you swear or affirm to tell the truth and
nothing but the truth?
Witness 1: I Do.
Interpreter: Please State your personal circumstances.
Witness 1 I am ___________, ___ years old, single/married and a resident of
___________
We offer the testimony of witness to prove that the accused committed
the crime charged against the accused.
Prosec
MR./MRS./MS. Witness, for the record, please state your name, job,
status and residence.
Witness 1 (state personal circumstances)
Prosec Your Honor, a Judicial Affidavit has been made for the witness. May we
manifest in this Honorable Court that said Judicial Affidavit be used in
lieu of a direct examination.
Interpreter Would you like to use the Judicial Affidavit in lieu of your direct
testimony for purposes of the direct examination?
Witness 1 Yes.
Interpreter The witness would like to have his judicial affidavit be used as basis of
his direct testimony for purposes of direct examination for this case.
Judge Admitted. Cross?
Counsel Yes, Your Honor.
Judge Proceed
CROSS EXAMINATION OF FIRST WITNESS FOR THE PROSECUTION
Counsel MR./MRS./MS. Witness , do you know LUIS CRUZ, the accused in
this case?
Witness 1 No. I have only known of him because of the accident.
(continue)
Counsel That would be all your Honor.
Judge Re-direct?
RE-DIRECT EXAMINATION
Prosec
(continue questioning)
Prosec That would be all your Honor.
Judge Re-cross?
RE-CROSS EXAMINATION
Counsel No. Re-cross, Your Honor (joke lang, di pa sure kung walang re-cross)
Prosec With the permission of this Honorable Court, may we call on our
second witness, Your Honor?
Judge Call your next witness, Fiscal.
DIRECT EXAMINATION OF SECOND WITNESS
Prosec Yes, your honor. May we call to the witness stand ___________.
Interpreter Raise your right hand. Do you swear or affirm to tell the truth and
nothing but the truth?
Witness 2: I Do.
Interpreter: Please State your personal circumstances.
Witness 2 I am ___________, ___ years old, single/married and a resident of
___________
We offer the testimony of witness to prove that the accused committed
Prosec the crime charged against the accused (what is the purpose of the
testimony of the second witness).
MR./MRS./MS. Witness, for the record, please state your name, job,
status and residence.
Witness 2 (state personal circumstances)
(REPEAT PROCESS FROM DIRECT-CROSS-REDIRECT-RECROSS)
Prosec Your Honor, we are now through with the presentation of all of our
witnesses.
Judge In the interest of justice, are there any additional comments or defences
from the accused?
Counsel None, Your Honor.
Prosec We are now then resting our case for the defense.
PRESENTATION OF WITNESSES FOR THE DEFENSE
Judge We now proceed to the presentation of the witness for the defense. Call
your witness, Counsel.
Counsel Yes, Your Honor. We would like to call to the witness stand,
___________.
Judge Court Interpreter, can you ask the witness if he/she can understand the
English language.
Interpreter (asks if he knows and speaks English); Your Honor, the witness is/not
able to understand English. (if not, ask witness if what language can he
understand and is comfortable to use)
Judge Swear the witness
Interpreter Raise your right hand. Do you swear or affirm to tell the truth and
nothing but the truth?
Witness 1: I Do.
Interpreter: Please State your personal circumstances.
Witness 1 I am ___________, ___ years old, single/married and a resident of
___________
We offer the testimony of witness to disprove that the accused
Counsel
committed the crime charged against the accused.
MR./MRS./MS. Witness, for the record, please state your name, job,
status and residence.
Witness 1 (state personal circumstances)
Counsel Your Honor, a Judicial Affidavit has been made for the witness. May we
manifest in this Honorable Court that said Judicial Affidavit be used in
lieu of a direct examination. (di ako sure dito)
Interpreter Would you like to use the Judicial Affidavit in lieu of your direct
testimony for purposes of the direct examination?
Witness 1 Yes.
Interpreter The witness would like to have his judicial affidavit be used as basis of
his direct testimony for purposes of direct examination for this case.
Judge Admitted. Cross?
Prosec Yes, Your Honor.
Judge Proceed
CROSS EXAMINATION OF FIRST WITNESS
Counsel
Witness 1

(continue series of questions)


Prosec That would be all your Honor.
RE-DIRECT EXAMINATION

Counsel That would be all your Honor.


Judge Re-cross?
RE-CROSS EXAMINATION
Prosec No. Re-cross, Your Honor (joke lang, di pa sure kung walang re-cross)
Counsel With the permission of this Honorable Court, may we call on our
second witness, Your Honor?
Judge Call your next witness, Counsel.
(repeat if there are other witnesses)
Judge Are there no more evidences to be presented by both parties?
Prosec None for the Prosecution, Your Honor.
Counsel None for the Defense, You Honor.
Judge Order for this case, the Prosecution and the Defense had already
presented all of their respective witnesses and that they intend to rest its
case. The parties are hereby ordered to submit their formal offer of
evidence within 15 days from receipt of this order. So ordered. Are
there any more cases?
Clerk of Court None, your Honor.
Judge The Court is hereby adjourned.

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