COURT INTERPRETER (JED GONZALEZ) All rise.

The Court is now in session. The Honorable Judge Ronald Chua of

Branch 99 presiding. Silence is hereby enjoined and let us put ourselves
in the holy presence of God.

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.

JUDGE *stamps the gavel*

COURT INTERPRETER Please sit down.

Your Honor, can we call on the next case?

JUDGE Go ahead.

COURT INTERPRETER People of the Philippines Vs. NIC SY GIPIT

Crim. Case No. 15-696969

Criminal for:

Appearances please.

PROSEC Atty.

PROSEC Atty., also appearing for the prosecution, Your Honor.

ATTY. Enriquez Atty. Ephraim Enriquez, appearing for the defense, Your Honor.

ATTY. Hernandez Atty. Chad Hernandez, co-counsel of the defense, Your Honor.

JUDGE *to the prosecution* What is your pleasure counsel?

PROSECUTION We would like to proceed with the arraignment of the accused, Your
Honor.

ARRAIGNMENT

JUDGE Is the accused around?

DEFENSE The accused is present Your Honor.

JUDGE Arraign the accused.

ACCUSED – NIC GIPIT *goes to the witness stand*

COURT INTERPRETER The information is in English. Will you be able to understand the
information in English or do you want it to be interpreted in your own
dialect?

ACCUSED – NIC GIPIT I can understand English.

COURT INTERPRETER
PEOPLE OF THE PHILIPPINES VS. NIC GIPIY Y SY

JUDGE Do you understand the allegations of the facts?

ACCUSED Yes, Your Honor.

JUDGE What is your plea?

ACCUSED I plead NOT GUILTY, Your Honor.

COURT INTERPRETER After being arraigned, the accused pleaded not guilty.

JUDGE Was there a proposal for amicable settlement?

PROSECUTION & DEFENSE None, Your Honor.

PRE-TRIAL CONFERENCE
Stipulation of Facts & Marking of Exhibits
PROSECUTION

ATTY. Your Honor, on behalf of THE PEOPLE OF THE PHILIPPINES, the

prosecution most respectfully submit this Pre-Trial Brief. The following
stipulation of facts are hereby admitted:

ATTY. Your Honor, on behalf of THE PEOPLE OF THE PHILIPPINES, the

prosecution most respectfully submit the following exhibits for
marking:
1.
JUDGE Does the Defense admit the genuineness and due execution of the
documents?
DEFENSE Yes, Your Honor.
ATTY. DIZON Your Honor, on behalf of THE PEOPLE OF THE PHILIPPINES, the
prosecution most respectfully submit the following witnesses for
examination:

(Once name is called, please stand.)

ATTY. BERNARDEZ Lastly Your Honor, on behalf of THE PEOPLE OF THE PHILIPPINES, the
prosecution would like to prove in this trial that the accused, Kathryn
Bernardo, is guilty beyond reasonable doubt of the crime of homicide,
defined and penalized under Art. 249 of the Revised Penal Code

Stipulation of Facts & Marking of Exhibits

DEFENSE

JUDGE For the defense?

ATTY. HERNADEZ Your Honor, Accused, NIC GIPIT y SY, through counsel and unto this
Honorable Court, respectfully submits the following stipulation of
facts:

1. That the accused was sixteen (16) years old and the victim was
forty eight (48) years old at the time of the incident
complained of.

2. That the accused was 5’2 in height and the victim was 5’9.

3. That the accused and the victim constantly communicated

through text messages days before the incident;

4. That the victim offered and promised the accused monetary

consideration in exchange of sexual favors;

5. That the accused voluntarily surrendered himself to the police

authorities a day after the incident and admitted his guilt
without the assistance of counsel;

ATTY. ENRIQUEZ Your Honor, Accused, , NIC GIPIT y SY, through counsel and unto this
Honorable Court, respectfully submits the following documentary
evidence:

1. Certificate of To prove that the accused is a

Live Birth of Nic Sy Gipit minor
issued by PSA- Exhibit 1

2. Sinumpaang To prove that the accused is

Salaysay of Nic Sy Gipit - innocent and acted without
Exhibit 2 discernment
 3. JA of NIC GIPIT – Exhibit 3
4. Psychological
Evaluation Report -
Exhibit 4
Judicial Affidavit of Dr.
April Dioquino- Exhibit 5
to prove the mental state of the
child before and after the incident
and the child acted without
discernment and to give
recommendation to the court for
the best interest of the child.

5. Medico-Legal Report to prove that the accused suffered

– Exhibit 6 injuries because of the aggression
by the victim against the accused
causing him to commit acts of self-
defense
6. Judicial Affidavit of Dr.
Christina Capsul -
Exhibit 7

JUDGE Does the Prosecution admit the genuineness and due execution of the
documents?

PROSECUTION Yes, Your Honor.

Your Honor, the defense, most respectfully submit the following

witnesses for examination:

1. Nic Sy Gipit
2. Dr. Christina Capsul
3. Dr. April Dioquino
4. And Others.

(Once name is called, please stand.)

ATTY. Lastly Your Honor, the defense would like to prove in this trial that the
accused, , NIC GIPIT y SY, acted without discernment and his act of
stabbing the alleged victim, Ricardo Pichay, was made in self-defense.

TRIAL
 PRESENTATION OF WITNESSES (PROSECUTION)
FIRST WITNESS –
JUDGE You may now present your first witness.

ATTY. DIZON For our first witness, we present, Your Honor.

JUDGE Swear the witness. *witness goes to the stand*

COURT INTERPRETER Raise your right hand. Do you swear to tell the truth, the whole truth
and nothing but the truth?

Ikaw ba ay nanunumpa na magsasabi ng katotohanan, buong

katotohanan, at pawang katotohanan lamang?

PO1 ROSA DIAZ I do.

COURT INTERPRETER In what dialect are you comfortable to answer?
In English or Tagalog?

PO1 ROSA DIAZ In English, but for clarity, I request the court to let me answer in
Tagalog.
COURT INTERPRETER Please state your name, age, and other personal circumstances.

PO1 ROSA DIAZ

COURT INTERPRETER
JUDGE
ATTY. DIZON
JUDGE
DEFENSE COUNSEL
JUDGE

ATTY. DIZON
JUDGE
DEFENSE
JUDGE

ATTY. CANLAS
JUDGE
PROSECUTION

ATTY. DIZON
JUDGE
DEFENSE
JUDGE

ATTY. CANLAS
JUDGE

JUDGE
ATTY. BERNARDEZ
JUDGE
COURT INTERPRETER
JENNIFER CALIMLIM
COURT INTERPRETER
JENNIFER CALIMLIM
COURT INTERPRETER
JENNIFER CALIMLIM
COURT INTERPRETER
JUDGE
ATTY. BERNARDEZ
JUDGE
DEFENSE COUNSEL
JUDGE

AT ATTY. BERNARDEZ
JUDGE
DEFENSE
JUDGE
*CROSS EXAMINATION*
ATTY. MACUHA
JUDGE
PROSECUTION

AT ATTY. BERNARDEZ
JUDGE
DEFENSE
JUDGE

ATTY. MACUHA
JUDGE

JUDGE
ATTY. DIZON
JUDGE
COURT INTERPRETER
NADINE LUSTRE
COURT INTERPRETER
NADINE LUSTRE
COURT INTERPRETER
NADINE LUSTRE
COURT INTERPRETER
JUDGE
ATTY. DIZON
JUDGE
DEFENSE COUNSEL
JUDGE

ATTY. DIZON
JUDGE
DEFENSE
JUDGE
ATTY. CANLAS
JUDGE
PROSECUTION

ATTY. DIZON
JUDGE
DEFENSE
JUDGE

ATTY. CANLAS
JUDGE

JUDGE
ATTY. BERNARDEZ
JUDGE
COURT INTERPRETER
JENNIFER CALIMLIM
COURT INTERPRETER
JENNIFER CALIMLIM
COURT INTERPRETER
JENNIFER CALIMLIM

COURT INTERPRETER
JUDGE
ATTY. BERNARDEZ
JUDGE
DEFENSE COUNSEL
JUDGE

AT ATTY. BERNARDEZ
JUDGE
DEFENSE
JUDGE

ATTY. MACUHA
JUDGE
PROSECUTION

AT ATTY. BERNARDEZ
JUDGE
DEFENSE
JUDGE

ATTY. MACUHA
JUDGE

JUDGE
ATTY. BERNARDEZ
OFFERING OF FORMAL EVIDENCE OF THE PROSECUTION
 Granted. You may now formally offer your evidence now.
JUDGE
Thank you, Your Honor.
Your Honor, I respectfully offer our evidence as follows:

xxxxxxx
ATTY. BERNARDEZ
With all the foregoing documentary exhibits in addition to the oral
testimonies, we, the prosecution hereby respectfully rests our case.

Respectfully submitted.
Any objection from the defense?
JUDGE
None, Your Honor.
DEFENSE
ORDER.

The Prosecution counsel manifested that it has no more witness to

JUDGE
present. The prosecution counsel offered the Exhibits xxxxxx. Such
exhibits are admitted as prosecution’s evidence considering that these
exhibits are not disqualified under the rules of evidence.
PRESENTATION OF WITNESSES (DEFENSE)
FIRST WITNESS – ACCUSED NIC GIPIT y SY
JUDGE You may now present your first witness.

ATTY. For our first witness, we present the accused, NIC SY GIPIT, Your Honor.

With the kind permission of the Honorable Court, we are offering the
testimony of NIC SY GIPIT, Your Honor, to prove that he is not guilty
and that he acted without discernment in stabbing Ricardo Pichay.

JUDGE Swear the witness. *witness goes to the stand*

COURT INTERPRETER Raise your right hand. Do you swear to tell the truth, the whole truth
and nothing but the truth?

Ikaw ba ay nanunumpa na magsasabi ng katotohanan, buong

katotohanan, at pawang katotohanan lamang?

NIC GIPIT Opo

COURT INTERPRETER In what dialect are you comfortable to answer?
In English or Tagalog?

NIC GIPIT Tagalog po.

COURT INTERPRETER Please state your name, age, and other personal circumstances.

NIC GIPIT Ako po si NIC SY GIPIT, 16 years old, estudyante, nakatira sa 12345 Dos
Castillas St., Sampaloc, Manila
COURT INTERPRETER NIC SY GIPIT is:
16 years old
estudyante
12345 Dos Castillas St., Sampaloc, Manila

The witness is now ready, Your Honor.

JUDGE Defense counsel, your witness is now ready.

Any comment prosecution counsel to the offer?

JUDGE
We reserve our right to conduct cross-examination, Your Honor.
PROSECUTION
JUDGE Proceed.
*DIRECT EXAMINATION*

ATTY. Nothing further, Your Honor.

JUDGE Prosecution Counsel, ready for cross?

ATTY. Yes, Your Honor. May I proceed with the witness?

JUDGE Proceed.

*CROSS EXAMINATION*
ATTY. Nothing further, Your Honor.

JUDGE Counsel for the Defense, ready for re-direct?

DEFENSE Yes, Your Honor. May I proceed with the witness?

*REDIRECT EXAMINATION*
ATTY. Nothing further, Your Honor.

JUDGE Prosecution Counsel, ready for recross?

PROSECUTION Yes, Your Honor. May I proceed with the witness?

JUDGE Proceed.

*RE-CROSS EXAMINATION*
ATTY. Nothing further, Your Honor.

JUDGE Witness is excused.

SECOND WITNESS – MEDICO-LEGAL DR. CHRISTINA CAPSUL
JUDGE You may now present your second witness.

ATTY. For our second witness, we present our expert witness, DR. CHRISTINA
CAPSUL.

JUDGE
COURT INTERPRETER
DR. CHRISTINA CAPSUL
COURT INTERPRETER
DR. CHRISTINA CAPSUL
COURT INTERPRETER
DR. CHRISTINA CAPSUL
COURT INTERPRETER
JUDGE
JUDGE
PROSECUTION COUNSEL
JUDGE
ATTY.
JUDGE
PROSECUTION
JUDGE
*CROSS EXAMINATION*
With the kind permission of the Honorable Court, we are offering the
testimony, Your Honor, of Dr. Christina Capsul to prove that the
accused suffered injuries because of the aggression by the victim
against the accused causing him to commit acts of self-defense
Swear the witness. *witness goes to the stand*
Raise your right hand. Do you swear to tell the truth, the whole truth
and nothing but the truth?
Ikaw ba ay nanunumpa na magsasabi ng katotohanan, buong
katotohanan, at pawang katotohanan lamang?
I do.
In what dialect are you comfortable to answer?
In English or Tagalog?
In English, but for clarity, I request the court to let me answer in
Tagalog.
Please state your name, age, and other personal circumstances.
I am, DR. CHRISTINA CAPSUL ,45 years old, married, a
resident of 1001 G. Tolentino, St., Sampaloc, Manila and a
government physician.
DR. CHRISTINA CAPSUL is:
45 years old, married,
a resident of 1001 G. Tolentino, St., Sampaloc, Manila
and a government physician.
The witness is now ready, Your Honor.
Defense counsel, your witness is now ready.
Any comment Prosecution counsel to the offer?
We reserve our right to conduct cross-examination, Your Honor.
Proceed.
*DIRECT EXAMINATION*
Nothing further, Your Honor.
Prosecution Counsel, ready for cross?
Yes, Your Honor. May I proceed with the witness?
Proceed.
ATTY. Nothing further, Your Honor.

JUDGE Counsel for the Defense, ready for re-direct?

DEFENSE Yes, Your Honor. May I proceed with the witness?

*REDIRECT EXAMINATION*
ATTY. Nothing further, Your Honor.

JUDGE Prosecution Counsel, ready for recross?

PROSECUTION Yes, Your Honor. May I proceed with the witness?

JUDGE Proceed.

*RE-CROSS EXAMINATION*
ATTY. Nothing further, Your Honor.

JUDGE Witness is excused.

THIRD WITNESS – PSYCHOLOGIST DR. APRIL DIOQUINO
JUDGE You may now present your next witness.

ATTY. For our third witness, we present DR. APRIL DIOQUINO, Your Honor.

With the kind permission of the Honorable Court, we are offering the
testimony of Enrique Gil, Your Honor, to prove the mental state of the
child before and after the incident and the child acted without
discernment and to give recommendation to the court for the best
interest of the child.

JUDGE Swear the witness. *witness goes to the stand*

COURT INTERPRETER Raise your right hand. Do you swear to tell the truth, the whole truth
and nothing but the truth?

Ikaw ba ay nanunumpa na magsasabi ng katotohanan, buong

katotohanan, at pawang katotohanan lamang?

DR. APRIL DIOQUINO I do.

COURT INTERPRETER In what dialect are you comfortable to answer?
In English or Tagalog?

DR. APRIL DIOQUINO

COURT INTERPRETER Please state your name, age, and other personal circumstances./
Pakisabi sa hukumang ito ang iyong pangalan, edad, tirahan, at iyong
koneksyon sa kasong ito

DR. APRIL DIOQUINO I am, DR. APRIL B. DIOQUINO, 47 years old, with address at
432 Navarra St., Sampaloc, Manila City, I am working at the
Department of Social Welfare and Development as a Psychiatrist
COURT INTERPRETER DR. APRIL DIOQUINO is:
- 47 years old,
with address at 432 Navarra St., Sampaloc, Manila City,
working at the Department of Social Welfare and Development as
a Psychiatrist –

The witness is now ready, Your Honor.

JUDGE Defense counsel, your witness is now ready.

ATTY.

Any comment prosecution counsel to the offer?

JUDGE
We reserve our right to conduct cross-examination, Your Honor.
DEFENSE COUNSEL
JUDGE Proceed.
*DIRECT EXAMINATION*

ATTY. Nothing further, Your Honor.

JUDGE Prosecution Counsel, ready for cross?

PROSECUTION Yes, Your Honor. May I proceed with the witness?

JUDGE Proceed.

*CROSS EXAMINATION*
ATTY. Nothing further, Your Honor.

JUDGE Counsel for the Defense, ready for re-direct?

DEFENSE Yes, Your Honor. May I proceed with the witness?

*REDIRECT EXAMINATION*
ATTY. Nothing further, Your Honor.

JUDGE Prosecution Counsel, ready for re-cross?

PROSECUTION Yes, Your Honor. May I proceed with the witness?

JUDGE Proceed.

*RE-CROSS EXAMINATION*
ATTY. Nothing further, Your Honor.
JUDGE Witness is excused.

Any more witness for the defense counsel?

JUDGE
Your Honor, we have no more witness to present. I would like to make
ATTY.
our formal offer of evidence.
OFFERING OF FORMAL EVIDENCE OF THE DEFENSE
JUDGE Granted. You may now formally offer your evidence now.
Thank you, Your Honor.
Your Honor, I respectfully offer our evidence as follows:

1. Certificate of Live Birth of Nic Sy Gipit issued by

PSA- Exhibit 1
2. Sinumpaang Salaysay of Nic Sy Gipit - Exhibit 2
3. Psychological Evaluation Report - Exhibit 3
4. Medico-Legal Report – Exhibit 4
ATTY.
5. Judicial Affidavit of Dr. Christina Capsul - Exhibit 5
6. Judicial Affidavit of Dr. April Dioquino- Exhibit 6
7. And Others

With all the foregoing documentary exhibits in addition to the oral

testimonies, we, the prosecution hereby respectfully rests our case.

Respectfully submitted.
Any objection from the prosecution?
JUDGE
None, Your Honor.
DEFENSE
ORDER.

The Defense counsel manifested that it has no more witness to

JUDGE
present. The prosecution counsel offered the Exhibits xxxxxx. Such
exhibits are admitted as prosecution’s evidence considering that these
exhibits are not disqualified under the rules of evidence.
PROMULGATION OF JUDGMENT