ARRAIGNMENT

Clerk: Please all rise.

(All rise.)
Clerk: RTC Branch 4 is now in session, Honorable Catherine Manodon
presides; let us seek guidance from above.
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 shall be in accordance with your will.
Enlighten our minds, strengthen and fill our hearts with fraternal love,
wisdom and understanding, in our proceedings today, guide us in the
path of your righteousness for the fulfillment of your greater glory/
Amen.
Clerk: Please be seated.
Judge: Call the case for arraignment.
Clerk: Criminal Case No. 20-CR-11057, People of the Philippines vs.
CHESKA L. BAUTISTA for Slight Oral Defamation.
Judge: Is the accused in court?
(Accused and counsel stand)
Defense: Yes, your Honor. Atty. _____ appearing as counsel for the
accused. She is present. Ready for arraignment.
J: Is the complainant present?
Prosecution: Yes, your Honor. The complainant, Cassandra N. Santos, is
in court. I am City Prosecutor Lana Baja, appearing as a public prosecutor.
J: Accused Cheska L. Bautista, please come forward. Has your counsel
explained to you what will transpire at the arraignment?
Accused: Yes, your Honor.
J: Do you understand the English language, or do you wish to be arraigned
in a language other than English?
Defense: Your Honor, my client can understand English and will be
arraigned in English.
J: Let’s proceed with arraignment. Ms. Clerk of court arraign the accused
and read the information in English.
Clerk: People of the Philippines vs. CHESKA L. BAUTISTA Criminal Case
No. 20-CR-11057 for Slight Oral Defamation. Information: The undersigned
Prosecutor Lana Baja accuses CHESKA L. BAUTISTA of the crime of
Slight Oral Defamation, defined and penalized under Article 353 in relation
to Article 358 of the Revised Penal Code, committed as follows:
That on January 20, 2020 at around 4:00 P.M. at Upper Malvar Street,
Trancoville, Baguio City, accused Cheska L. Bautista maliciously
feloniously and gravely uttered defamatory statements against complainant
Cassandra N. Santos in public causing insult, dishonor, discredit, and
defamation to the complainant as they malign and attribute immoral acts to
her.
Contrary to the law. Signed by Atty. Lana Baja, City Prosecutor.
J: Cheska Bautista, do you understand the nature of the accusation against
you?
Accused: Yes, your Honor.
J: What is your plea?
Accused: Not guilty your Honor
(No plea to lesser offense)
J: enter a plea of not guilty for Jacky Montefalco. Set this case on a
preliminary conference on _______. (Session is adjourned.)
Clerk: (All rise.)
 PRELIMINARY CONFERENCE
Judge: Appearances?
Prosecution: Your honor, I am Atty. _____ appearing as a public
prosecutor.
Defense: Atty. ____, counsel for the accused, your Honor.
J: One of the purposes of preliminary conference is to determine the
possibility of amicable settlement or plea bargaining. As to plea bargaining,
prosecution?
Pros: Your Honor, at the moment, there is no possibility of plea bargaining
or of settlement.
J: defense?
Defense: Your Honor, we confirmed the manifestation of the Public
Prosecutor and for our part, we believe that there is no possibility for
settlement. May we move for the termination of the preliminary conference
and proceed to trial?
MATTERS TO BE CONSIDERED:
I. Amount of Damages
II. Marking of Evidence
J: Let's proceed to the marking of your documentary evidence and request
for admission, for the prosecution
P: Will the defense admit the existence and due execution of the following
documents and as our Exhibit A your honor: The Certificate to file Action
prepared by Jefferson Tunay, dated _______.
Defense: Yes, your honor, the document mentioned and described by the
prosecutor is admitted as to existence and due execution but not as to its
contents.
P: Exhibit B: The Resolution issued by the investigating prosecutor.
Defense: Yes, your honor, the document mentioned and described by the
prosecutor is admitted as to existence and due execution but not as to its
contents.
P: Exhibit C: The Complaint affidavit of the private complainant.
Defense: Yes, your honor, the document mentioned and described by the
prosecutor is admitted as to existence and due execution but not as to its
contents.
J: What do you say Atty D. as to the request of the prosecutor with respect
to the document's existence and due execution?
D: Yes, your honor, all the documents mentioned and described by the
prosecutor are admitted as to existence and due execution but not as to the
contents.
J: Any further manifestations defense counsel?
D: For our part, Your Honor, we pray that the:
{ (Evidence) be marked as Exhibit 1, and so on...)}
Judge: Are you reserving your presentation of evidence?
Defense: Yes, your Honor.
P: Your honor, the prosecution admits the existence and due execution of
the exhibits. For the defense, however we have to deny the contents of the
exhibits _____ for the defense.
III. Additional Facts for Admission and Stipulation
Prosecution part
Stipulation no. 1
P: For the prosecution your honor, may we request the defense counsel to
stipulate on the territorial jurisdiction of the court?
D: Yes, your honor. We admit that the incident occurred within the territorial
jurisdiction of this honorable court.
Stipulation no. 2
P: Is the defense counsel also ready to admit the identity of the accused
CHESKA L. BAUTISTA? And that whenever the name is mentioned during
this proceeding it will be taken to refer to the accused arraigned under this
information.
D: Yes, your honor we admit the identity of the accused.
Stipulation No. 3
P: Your honor, is the defense also ready to admit that the complainant
CASSANDRA N. SANTOS and the accused CHESKA L. BAUTISTA are
friends and neighbors?
D: Yes, your honor we admit that they are friends and neighbors.
Defense Part:
Stipulation no. 1
D: For the prosecution your honor, may we request you to admit that Elias
Bautista and the accused Cheska L. Bautista are married on 2015?
P: Yes, your honor.
J: Pwede magtanong ng judicial admission
IV. Limiting the Number of Issues
V. Judge shall inquire from parties what evidence they will present for
each factual issues
J: Let's go back to your defense, Atty. _____, your position is that, to prove
that the defendant is not guilty of the crime charged, what evidence do you
have to support your defense?
D: Your Honor, to support our position that the accused did not publicly,
maliciously and deliberately uttered defamatory remarks against the
complainant, we shall be presenting the following evidence:
FIRST, the testimony of the defendant herself, CHESKA L. BAUTISTA and
then we have the 2 eyewitnesses.
J: How about the prosecution?
P: Your Honor, to support our position that the accused publicly,
maliciously and deliberately uttered defamatory remarks against the
complainant, we shall be presenting the following evidence:
FIRST, the testimony of the complainant herself, CASSANDRA N.
SANTOS and we have the two eyewitnesses.
J: The factual issue .... what do the parties have to say about this?
(Pwede magsabi si mam ng factual issues, depende sa makukuhang
judicial admissions)
D: (We agree about it, your honor. )
P: As far as the prosecution is concerned your honor, we maintain the
position that the accused publicly, maliciously and deliberately uttered
defamatory remarks against the complainant and in support of this position,
we shall be presenting the complainant herself and the two eyewitnesses.
J: As to the civil aspect of this case, is the complainant claiming the civil
aspect of this case or he intends to file a separate civil action? (We will
claim in this case)
J: So Prosecutor, the complainant is claiming what?
P: Well your honor, we are asking for damages amounting to not less than
P20,000.00 as the compensation for the natural, proximate and necessary
result of the malicious utterances made by the accused,
J: Magtatanong about sa evidence about sa civil aspect
P: Your Honor, the complainant herself will testify.....
D:
VI. Definition of Issues
J: As to the legal issue, are we agreed already?
P: Well as far as the prosecution is concerned your honor, we only propose
one legal issue and that is Whether or not the accused is guilty of Slight
Oral Defamation in uttering publicly, maliciously and deliberately
defamatory words against the complainant who suffered damages as a
result as defined under Article 353 in relation to Article 358 of the Revised
Penal Code. Relatively, your honor, the civil liability of the accused is also
being raised, principally for the amount of damages.
D: Your honor we agree to the issue as proposed by the public prosecutor
your honor.
VII. Determination of number of witnesses, their identities and the
nature of their testimonies
J: In support of your case, prosecutor how many witnesses are you
presenting and how many days do you need to present these witnesses?
P: Your honor we have 3 witnesses. That will be the complainant herself,
CASSANDRA N. SANTOS; the neighbor; and the co-employee of the
complainant. We will be needing only 2 trial dates your honor.
J: Aside from admitting the genuineness and due execution of the ... I will
reiterate my question, will the defense also stipulate as to the correctness
of bla bla bla .. ..
VIII. Limiting the number of witnesses
J: Defense, number of witnesses and trial dates..
Defense: Your Honor, we will be presenting 2 witnesses in the person/s of
(____witness name) ____ and the defendant herself, CHESKA L.
BAUTISTA
Judge: How many trial days are needed by the prosecution?
Defense: Your Honor, we will be needing also 2 trial dates.
J:
-end-