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Clerk of court : All rise!

Court is now in session. silence is hereby enjoined.

Branch 63,Regional Trial Court of Tarlac City

Judge Melyn Erive, Presiding

Melyn: (Bangs the Gavel) Call the case

Clerk of court: Criminal Case no.12345

People of the Philippines versus Bravo for (Rape through sexual assault)

prosecution

Prosecutor : For the prosecution, your honor , representing the people of the Philippines

Private prosecutor: I am (name) your honor acting as private prosecutor under the direct control and
supervision of the public prosecutor

Prosecutor: We are ready your honor

Defense

Atty.: For the defense, your honor, representing the accused. I am atty. (name), lead defense counsel
and together with my co counsel

Attorney 2: i am atty. (name), your honor for the defense

Atty. : we are ready your honor.

Arraignment

Melyn: Is the accused in court?

Bravo: yes your honor (accused stands)

Melyn: Alright ,arraign the accused

(accused comes near the clerk,beside the defense panel. Defense lawyers stand beside the accused
during arraignment)

Clerk of court: You are the accused in criminal case no. 12345 entitled people of the Philippines versus
bravo and the information charges, You of the crime of rape through sexual assault committed as
follows: on October -------....

“contrary to law”
Clerk of court: What is your plea?

Bravo: Not guilty your honor

Clerk: The accused enters the plea of not guilty, your honor

Melyn: Alright, enter a plea of not guilty.

Pre-trial

Plea bargaining

Melyn: are the parties willing to agree to enter into a plea bargaining?

PROSECUTION

prosecutor: your honor please the prosecution does not desire to enter into plea of bargaining

Defense lawyer: YHP the defense not also desire to enter to plea bargaining.

Prosecutor: What happened on the night of October 14,2017?

Castillo: At about 10:00 P.M my father kissed me on my lips.

P: Aside from that, What else did your father do?

Castillo: He undressed me sir.

P: What happened next after your father undressed you?

Castillo: He sucked my breast and He fingered my vagina.

P: Now will you please describe to us how your father fingered your vagina on the night of October 14,
1998?

Castillo: He inserted his fingers in my vagina.

P: which finger?

Court interpreter: Witness is showing her right forefinger.

P: And aside from that,what else happened on that night of October 14,1998?

Castillo: That is all, sir.

P: when your father was doing that to you,what did you do?

Castillo: I was just crying,Sir.

P: Aside from crying,what else did you do if any?


Castillo: After he did that to me, I put on my dress and he put on his dress and we slept.

P: while your father was inserting his finger into your vagina,what did you feel?

Castillo: I felt pain sir.

Judge: where did this happen,what you just narrated?

Castillo: At no. 211,Teachers Camp Baguio city.

Judge: How many rooms are there in your residence?

Castillo: Only one sir.

Judge: So in that residence of yours, there is only one room?

Castillo: There are other rooms but we only sleep in one room.

Judge :Who else are sleeping in your room?

Castillo: My brother and my father,sir.

Judge: You are telling this court then that your father, Your brother and sister and you were all sleeping
in one room?

Castillo: Yes, sir, including my mother and my brothers.

Judge: Okay,Continue.

Prosecutor: Is your father is in this court now?

Castillo: Yes,he is.

P: Can you point us here who is your father?

Castillo: He is my father your honor(pointing Mr. Bravo in the court)

Prosecutor: That is all your honor.

Judge: Cross?

Atty.: Yes,your Honor.

Cross Examination of Grace Castillo by attorney (name)

Atty.: Ms. Castillo how was he able to kiss you, undress you and do what you said your father did to you
on that night of October 14, 2017 when you all of you were sleeping in one room.

Atty: No further question your honor.

Judge: Re-direct?

Prosecutor: Yes, your honor.


Prosecutor: Ms. Castillo with whom do you sleep at the upper deck?

Ms. Castillo: My brother and sister.

Prosecutor: How wide is this room, can you describe to us?

Ms. Castillo: From the window of the courtroom up to the edge of the witness box and from the wall to
the left up to the wall to the right.

Court Interpreter: Witness is demonstrating an area of about 31/2 meters by 6 meters.

Prosecutor: So yourself, your brother, and your sister, and the three of you slept on the upper deck
while your mother and father are slept on the lower deck in your room on that night of October 14,
2017.

Ms. Castillo: Yes, sir.

Prosecutor: And who was with you you on the upper deck of that double deck bed inside the room
before your father kissed your lips on that night of October 14, 2017.

Ms. Castillo: My brother and my sister, sir.

Prosecutor: So, while you were sleeping on the night of October 14, 2017 you are awaken because your
father started kissing you?

Atty. Tibe: Objection ypur honor, the question is leading.

Judge: Sustained

Prosecutor: While you were sleeping on the night of October 14, 2017 what happen?

Ms. Castillo: My father asked them to leave and they transferred.

Prosecutor: Did they transfer?

Ms. Castillo: Yes, sir.

Judge: Where did they transfer?

Ms. Castillo: We were at the other end of the bed and he asked them to go to the other end of the bed.

Judge: Continue.

Prosecutor: What part of your body did your father kiss?

Ms. Castillo: My breast, sir.

Prosecutor: aside from your breast?

Ms. Castillo: My vagina.

Prosecutor: Aside from that what else did he kissed?

Ms. Castillo: On my cheeks, sir.


Prosecutor: And you said your father undressed you, which clothing that you were wearing on the night
of October 14, 2017, did he removed?

Ms. Castillo: My shirts, my shorts, and my panty, sir.

Prosecutor: And you said your father inserted his finger into your vagina, will you describe to us how he
did that?

Ms. Castillo: He inserted his finger.

Prosecution: What was the position of your body when he did that?

Ms. Castillo: He asked me to spread my legs.

Xxxxxxx xxxxx

Prosecutor: What was the position of your body aside from your legs open.

Ms. Castillo: I was lying at that time, sir.

Prosecutor: Face up?

Ms. Castillo: Yes, sir.

Prosecutor: When your father told you to spread your legs, did you spread your legs?

Ms. Castillo: Of course, because he was spread it.

Prosecutor: And what did you do?

Ms. Castillo: I was trying to close my legs but he was forcing it.

Prosecutor: Aside from trying to close your legs, what else did you do if any?

Ms. Castillo: I push him, sir.

Prosecutor: And when you push him, what happened?

Ms. Castillo: Because he was strong I could not push him.

Prosecutor: Aside from trying to push him, what did you do if any?

Ms. Castillo: I try to shout, he covers my mouth.

XXXXXX XXXX XXXXXX

Prosecutor: Now, you said your father spread your legs apart and inserted finger into your vagina on
that night on that October 14, 2017. When your legs were already spread apart, will you describe to us
how your father inserted your finger at the vagina?

Ms. Castillo: He kneeled between my legs, sir.

Prosecutor: And after he kneeled between your legs , what happened next?
Ms. Castillo: That is all, sir.

Prosecutor: What did you feel in your vagina when your father kneeled between your legs?

Ms. Castillo: I felt pain, sir.

Prosecutor: Why did you feel pain?

Ms. Castillo: Because he insert his finger into my vagina, sir.

XXXXX XXX XXX XXX

Prosecutor: You said you felt pain when he insert his finger into your vagina, when you felt pain, what
did you do?

Castillo: I turned my back and put on my short and panty. And I cried sir.

Prosecutor: And when you turned your back and then put on your clothes and you cried, what did your
father do?

Ms. Castillo: He left, sir.

Prosecutor: Where did he go?

Ms. Castillo: He went to bed with my mother.

Judge: How about your brother and sister, where were they at this time?

Ms. Castillo: They were just there crying, sir.

XXXXX XXXX XXXX XXX

Prosecutor: How far were your brother and sister from you while your father was on top of you on that
night of October 14, 2017.

Ms. Castillo: They were just at the other end of the bed.

Prosecutor: With that situation that your brother and sister were at your paanan, which you mentioned
in tagalog, what else did they do, if any, aside from crying?

Ms. Castillo: They were pulling me, sir.

Prosecutor: Your stepbrother?

Ms. Castillo: He was also there, sir.

Prosecutor: By the way, on the night of October 14, 2016, do you know if your mother was awakened?

Atty: Leading already, your Honor.

Judge: Reform. Where was your mother on the night of October 14, 2016?

Ms. Castillo: She was asleep, sir.


Prosecutor: No further question your honor.

Judge: Re-cross?

Atty Tibe: Yes, Your honor.

Re-cross examination of Ms Castiilo by Atty. Tibe

Atty Tibe: Since at this point, your mother was already there, why did you not shout?

Ms. Castillo: Whenever I call my mother, Nang, Nang, at night my mother thought I only ask to help me
to go to c.r to urinate.

Atty Tibe: So whenever you call your mother to help you to go to the c.r she is awaken to help you?

Ms. Castillo: No sir, she let me go to c.r alone.

Atty Tibe: No further question your honor.

Judge: Redirect?

Prosecutor: Yes, your honor.

Redirect examination of Ms Castillo by prosecutor Jelly

Prosecutor Jel: Ms. Castillo, the next morning after this incident, did you tell to your mother what
happened at the night of October14, 2016?

Ms. Castillo: No, sir.

Prosecutor: Why? Ms Castillo?

Ms.Castillo: Because my father warned me not to tell to my mother or else he going to kill me, my sister,
my brother, and my mother.

Prosecutor: Then how did you mother know the incident? Ms. Castillo.

Ms. Castillo: My brother told to my mother that my father going something bad to me.

Prosecutor: Did your mother confronted you Ms. Castillo?

Atty Tibe: Objection your honor, the question is leading.

Judge: Sustained

Prosecutor: What happened next after your mother discovered the incident?

Ms. Castillo: She confronted me about it and I told her what happened and also told her that warned me
to kill us.

Prosecutor: No further question your honor.

Atty Tibe: No, your honor.


DEFENSE>>>

Direct examination of Bravo Castillo by Atty Tibe.

Atty Tibe: for the defense, we are ready to present our witness your honor.

Judge: Proceed.

Interpreter: Do you swear to tell the truth, all the truth and nothing but the the truth in this case?

Witness: Yes, sir.

Judge: Please state your name and other personal circumstances.

Witness: I am Bravo Castillo

Atty Tibe: Where are you on October 14, 2016 at around 10;00 pm.

Witness: I am with my wife cristina and our children in our house.

Atty Tibe: What are you doing at that time, can you narrate it in this court?

Witness: We were already sleep at the time of 10;00 pm sir, and I wake up at around 6;00 am to prepare
food for the children.

Atty Tibe: In short Mr. Bravo you not awake at around 10;00 pm or on before sunrise?

Witness: Yes. Sir.

Atty Tibe: No further question your honor.

Judge: Cross?

Prosecutor: Yes, your honor.

Cross examination of Bravo Castillo by atty Tibe


Prosecutor: Are you aware Mr. Bravo that your daughter, Ms. Castillo is filing you a case of Rape through
sexual assault that happened on October 14, 2017 at around 10;00 pm?

Witness: No, your honor. I can’t do that to my daughter. I love my children.

Prosecutor: Mr. Bravo, did you waken and ask your son and your younger daughter to leave and transfer
at the upper deck on October 14, 2017 at around 10:00 pm?

Witness: No, sir.

Prosecutor: No further question your honor.

Judge: Mr. Witness, you may step down

Formal offer of evidence of defense

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