Republic of the Philippines

REGIONAL TRIAL COURT

National Capital Judicial Region
Branch 199, Las Pinas City

PEOPLE OF THE PHILIPPINES, Crim. Case No. 2020-53073

- vs. – For Violation of Sec. 5(b)

for R.A. No. 7160
(Acts of Lasciviousness)
Daniel Padilla,
Accused.
X-- -----------------------x
TRANSCRIPT
of the stenographic notes taken
during the ARRAIGNMENT AND PRE-TRIAL
held at the sala of this court on October 9, 2020
at 5:30 P.M. before the Hon. JOSELITO VIBANDOR,
Presiding Judge of this Court.

P R E S E N T:

FOR THE COURT:

Hon. Joselito Vibandor, Presiding Judge

Ms. Ainnah Kudarat, Branch Clerk of Court

PRACTICE COURT-2 (FRIDAY, 5:30-7:30 P.M.)

APPEARANCES:
FOR PROSECUTION:
Atty. AMANTE, CALBERT DUSTIN
Atty. MENESES, ROSENDO
Atty. ACAL, RACHEL ANDRELEE
Atty. DAYAO, ODEM LALI
Atty. LALU, GIANINA
Atty. SENDIN, KRING-KRING

FOR DEFENSE:
Atty. KING, DANIEL
Atty. MERCADO, RALPH LOUIE
Atty. PILOTIN, ANDREW MARK
Atty. TAN, JOHN LESTER
Atty. DAPITIN, JEN KCIN
Atty. GABRIEL, MARILYN
Atty. LABONITA, MA. KATHRYN
Atty. MORADA, SHIELDEN
Atty. GUZMAN, JOCELYN

Clerk of Court: Please rise and let us witness the presence of Hon.
Joselito Vibandor, Presiding Judge in this court.
Judge: The Court is now in session, call the case.
Clerk of Court: Crim. Case No. 2020-53073
People of the Philippines vs. Daniel Padilla
For Violation of Sec. 5(b) for R.A. No. 7160 (Acts of
Lasciviousness) for Arraignment.

PRACTICE COURT-2 (FRIDAY, 5:30-7:30 P.M.)

Judge: Any appearances?

Prosecution Counsel: Good afternoon your Honor. Respectfully appearing

for this Honorable Court, Private Prosecutor Atty.
________ under the supervision of the Public
Prosecutor.
Defense Counsel: Atty. ______, for defense, your Honor.
Judge: Is the accused present? Ready for arraignment?
Prosecution Counsel: Yes, your Honor, ready.
Judge: Okay, arraign the accused.
Clerk of Court: What language/dialect do you understand?
Accused: English your honor.
Clerk of Court: People of the Philippines vs. Daniel Padilla
For Violation of Sec. 5(b) for R.A. No. 7160
(Acts of Lasciviousness)

That on or about the 2nd day of November 2012, in

the City of Las Pinas, Philippines and within the
jurisdiction of this Honorable Court, the above-
named accused, with lewd design, did then and there
willfully, unlawfully and feloniously commit an act of
sexual abuse and lascivious conduct against one
Kathryn Bernardo, a 13-year old minor, by then and
there touching her breast and genitals, thereby
subjecting her to sexual abuse, and which acts are
prejudicial to her physical and psychological
development and which debase, degrade or demean
her intrinsic worth and dignity as a human being. Do
you understand the allegations of the facts?
Accused: Yes, your Honor.
PRACTICE COURT-2 (FRIDAY, 5:30-7:30 P.M.)
Clerk of Court: What is your plea?
Accused: NOT GUILTY, your Honor.
Clerk of Court: Your Honor the accused entered the plea of NOT
GUILTY to the crime charged.
Clerk of Court: Is there possibility of settlement, counsels?
Prosecution Counsel: Very remote.
Defense Counsel: I will ask my client, Your Honor.
Not possible, Your Honor.
Clerk of Court: Stipulation of facts.
Prosecution Counsel: 1. Your Honor. May we propose to stipulate that the
court has jurisdiction over the subject matter and
over the person of the accused,
2. Your Honor. May we propose to stipulate that the
accused’ real name alleged in the Information is the
same person arraigned in this Court.
3. Your Honor. May we propose to stipulate that the
complainant Kathryn Bernardo, is a 13-years old
minor. (Asked Birth Certificate) -No objection.
4. Your Honor. May we propose to stipulate that the
accused is the uncle of herein minor private
complainant, being married to her maternal aunt,
the sister of her mother.
5. Your Honor. May we propose to stipulate that after
the alleged incident the minor complainant submitted
herself to a physical and medical examination.
6. Your Honor. May we propose to stipulate that the
private complainant was investigated by SP01 Lannie
Gallano at Women and Children Protection Desk at
Las Pinas City.

PRACTICE COURT-2 (FRIDAY, 5:30-7:30 P.M.)

 7. Your Honor. May we propose to stipulate that
minor private complainant executed her statement at
Women and Children Protection Desk at Las Pinas
City.
Judge: Is there any stipulation Prosecution Counsel?
Prosecution Counsel: None at the moment your Honor.
Judge: Any objection from Defense Counsel?
Defense Counsel: No objection your Honor.
Judge: On the part of the accused?
Defense Counsel: 1. Your Honor. May we propose to stipulate that
during the alleged incident, they were celebrating
the birthday of his mother-in-law, the grandmother
of the complainant.
2. Your Honor. May we propose to stipulate that
during the birthday celebration, they were drinking.
That will be all your Honor.
Judge: Any objection from Prosecution Counsel?
Prosecution Counsel: No objection your Honor.

Clerk of Court: What is your documentary evidence, Fiscal?

Prosecution Counsel: Your Honor, the prosecution would like to present as

documentary evidence the following:

Exhibit “A”- Sworn Affidavit of the

complainant
(KATHRYN BERNARDO) dated 12 Nov
2012.
Judge: Mark it.

PRACTICE COURT-2 (FRIDAY, 5:30-7:30 P.M.)

Prosecution Counsel: Exhibit “B”- Investigation Report by PNP Las
Pinas Police Station of SPO1 Lannie Gallano.
Judge: Mark it.
Prosecution Counsel: Exhibit “C”- Sinumpaang Salaysay ng Pag-
aresto of the Barangay Tanods (Allan and
Eduardo)
Judge: Mark it.
Prosecution Counsel: Exhibit “D”- Sworn statement of Min
Bernardo,
Kathryn Bernardo’s mother.
Judge: Mark it.
Prosecution Counsel: Exhibit “E”- Baptismal Certificate of minor
complainant proving her minority at the
time of the incident.
Judge: Mark it.
Prosecution Counsel: Exhibit “F”- Sworn statement of Amanda
Bernardo Grandmother.
Judge: Mark it.
Prosecution Counsel: Exhibit “G” - Medical Examination of Kathryn
Bernard issued by the Olivarez Clinic.
Judge: Mark it.
Prosecution Counsel: Your Honor, we would like to make a reservation of
the markings of the exhibits not available during the
Pre-Trial. That’s all your Honor.
Judge: Any objection from Defense Counsel?
Defense Counsel: No objection your Honor.
Judge: Does the Defense affirm/confirm the
stipulations/admission and admit the genuineness

PRACTICE COURT-2 (FRIDAY, 5:30-7:30 P.M.)

 and due execution of the documents made by the
counsel?
Defense Counsel: Yes your Honor.
Clerk of Court: What is your documentary evidence, Defense
Counsel?

Defense Counsel: Your Honor, the defense would like to present as

documentary evidence the following:

1. Exhibit “1”- Counter Affidavit of DANIEL PADILLA.

Judge: Mark it.
Defense Counsel: 2. Exhibit “2”- Sworn Statement of JEC PADILLA,
the Wife of accused, to corroborate
the statement of Daniel Padilla.
Judge: Mark it.
Defense Counsel: 3. Exhibit “3”- Sworn Statement of Mario Dumawal,
one of the neighbors present at the
drinking spree, to corroborate the
statement of Daniel Padilla.
Judge: Mark it.

Defense Counsel: At the moment, we have no more exhibits to be

marked. But we reserve the markings of other
exhibits not available during the Pre-Trial your
Honor. 
Judge: Any objection from Prosecution Counsel?
Prosecution Counsel: No objection your Honor.
Judge: Does the Prosecution affirm/confirm the

PRACTICE COURT-2 (FRIDAY, 5:30-7:30 P.M.)

 stipulations/admission and admit the genuineness
and due execution of the documents made by the
counsel?
Defense Counsel: Yes your Honor.

Judge: How about your witnesses Fiscal?

Prosecution Counsel: As to our witness, we have the following Witnesses
reserved for 4 Trial dates your Honor.
1. The Private Minor Complainant Kathryn
Bernardo.
Judge: On October 15, 2020?
Prosecution Counsel: Yes, available your Honor.
2. Mother of Private Minor Complainant Min
Bernardo. 
Judge: On October 20, 2020?
Prosecution Counsel: Yes, available your Honor.
3. Barangay Tanod
Judge: On October 30, 2020?
Prosecution Counsel: Yes, available your Honor.
4. SPO1 Lannie Gallano and Medical Doctor
Judge: On November 1, 2020?
Prosecution Counsel: Yes, available your Honor.
Judge: Any objection from Defense Counsel?
Defense Counsel: No objection your Honor.
Judge: How about your Witnesses Defense Counsel?
Defense Counsel: Your Honor we would like to reserve 2 Trial dates for
our Witnesses.
1. The accused Daniel Padilla.
Judge: On November 5, 2020?

PRACTICE COURT-2 (FRIDAY, 5:30-7:30 P.M.)

Defense Counsel: Yes, available your Honor.
2. Jec Padilla, the wife of the accused.
Judge: On November 10, 2020?
Defense Counsel: Yes, available your Honor.
Judge: Any objection from Prosecution Counsel?
Defense Counsel: No objection your Honor.

PRACTICE COURT-2 (FRIDAY, 5:30-7:30 P.M.)