MOCK TRIAL SCRIPT CRIMINAL CASE NO.

143
PEOPLE OF THE PHILIPPINES VS. MARK LOUIE CRAMEN
The Case of Falsification of Public Document

CHARACTERS:

1. Prosecution Counsel – James Matthew Sabenorio

2. Complainant – Mark Louie Cramen
3. Neighbor (prosecution witness) – Honeylyn Cabuquin
4. Buyer (prosecution witness) – Gina Marie Machete
5. Expert Witness – Shair Mona Onting
6. Defense Counsel – Ver Angelo Carba
7. Accused – Alex Masibag Jr.
8. Defense witness – Beanca Alarcon
9. Judge – Princess Shane Solteo
10. Court Clerk – Jamaica Jamin
11. Court Stenographer – Richmond Ochea
12. Police Officer 1 - Paul Paǹa
13. Deputy D.A. - Rodelio Sarol

TRIAL

CLERK OF COURT: Please rise: the Regional Trial Court, Naval Branch 28 is now in session,
the Honorable Judge Ms. Princess Shane Solteo presiding

JUDGE: Thank you, you may all be seated. Call the case.

CLERK OF COURT: Your Honor, today’s case is the criminal case no. 143 People of the
Philippines vs. Alex Masibag Jr.

JUDGE: Is the prosecution ready?

PROSECUTING ATTORNEYS: (stand up) Yes, your honor. (Be seated)

JUDGE: is the defense ready?

DEFENSE ATTORNEYS: (stand up) Yes, your honor. (Be seated)

JUDGE: we will now hear the opening statement from the prosecution. Prosecutor Sabenorio

[Wait for everyone to stand]

Do each of you swear that you will fairly try the case before this court, and that you will return a
true verdict according to the evidence and the instructions of the court, So help you, God
Please say “I do”.[wait for the jurors to say “I do” you may be seated.

PROSECUTOR: Thank you, your honor. The accused Alex Masibag Jr. has been charged with
the crime of falsification of public document (house and lot), without the consent of the co-
owner/victim. The evidence will show that the signature of my client has been forged to falsify
the said document on the day December 15, 2022. The next day the defendant was selling the
house and lot to a client which known to be a friend of my complainant. It was identified that the
accused forged signature were present on the document. We will prove that the accused are
guilty beyond reasonable doubt. The reason we ask you your honor, the verdict of guilty.

JUDGE: Thank you. The defense would like to give an opening statement or would you like to
defer until the prosecution rest its case.

DEFENSE LAWYER: We would like to stay your honor in the People of the Philippines vs.
Alex Masibag Jr. He is being accused of falsification of public document and fraud when in fact
that Mr. Mark Louie Cramen the complainant give my client an authority to that document. The
reason we ask you your honor, the verdict of lacking evidences.

DIRECT EXAMINATION OF WITNESS BY PROSECUTOR

JUDGE: Thank you counsel. For the prosecution, you may now call in your first witness.

PROSECUTOR (Sabenorio): Yes your honor. The prosecution would like to call on Ms.
Honeylyn Cabuquin in the witness stand. The witness is being presented to testify on the fact that
she saw the accused having transaction with the buyer.

JUDGE : The prosecution may call the victim.

ATTY : the people call the victim:

CLERK OF THE COURT : Please stand. Raise your right hand. Do you promise that the
testimony you shall give in the case before this court shall be the truth, the whole truth, and
noting but the truth, so help you god?

WITNESS (Neighbor): Yes I WILL.

PROSECUTION (Sabenorio): Ms. Witness please introduce yourself.

WITNESS (Neighbor): I am Honeylyn Cabuquin, 22 years old, single, residing in Barangay

Talustusan, Naval, Biliran,, and a neighbor of Alex Masibag.
PROSECUTION (Sabenorio): Ms. Witness, will you please tell on this honorable court where
you were on December 15, 2022 at around 2:00 in the afternoon?

WITNESS (Neighbor): I was cleaning in my backyard, I saw Alex Masibag having

conversation with Gina Marie Machete on December 15, 2022 at around 2:00 in the afternoon
and on December 16, 2022 while having a coffee in the balcony I notice that Alex handed a
check receipt to Gina and drove away.

PROSECUTION (Sabenorio): Did you hear/notice suspicious in their conversation?

WITNESS (Neighbor): No; it was a normal conversation.

PROSECUTION (Sabenorio): I am going to show you the check receipt that Mr. Alex
Masibag handed to Gina Marie Machete was exact receipt you saw on December 15, 2022.

( presenting the contract of house and lot )

WITNESS (Neighbor): Yes, that was the exact receipt I saw on December 15, 2022.

PROSECUTION (Sabenorio): For the record, the witness has identified the evidence
previously marked as an evidence is being handed by the accused.

PROSECUTION (Sabenorio): What happen next?

WITNESS (Neighbor): When I heard the news that Alex Masibag was alleged by falsification
of public document. I voluntarily to be a witness to Mr. Alex Masibag.

PROSECUTION (Sabenorio): That’s all

your honor

JUDGE: cross?

PROSECUTION (Sabenorio): Yes your honor.

CROSS EXAMINATION OF WITNESS

Defense Attorney: In your calculation how many meters you are from the accused?

Witness: In my calculation it is 100 meters.

Defense Attorney: Did you see the face of the person who was transacted by the accused?

Witness: The face of the person was not clear because she wear face mask and sun glass.
Defense Attorney: Did you hear clearly the conversation of Mr. Alex and Ms. Gina Marie

Witness: I partially heard the conversation.

Defense Attorney: Did you clearly see the receipt?

Witness: Yes

JUDGE: Re-direct?

PROSECUTION (Sabenorio): No your honor

JUDGE: Ms. Witness you may step down. Call your next witness

PROSECUTION (Sabenorio): I am calling on Ms. Gina Marie. The witness is being presented
to testify on the fact that Mr. Alex Masibag sell the house and lot.

CLERK OF COURT: Can you please raise your right hand. Do you swear to tell the truth, the
whole truth and nothing but the truth in this hearing?

WITNESS (Buyer): Yes I am

JUDGE: Proceed

P: Do you know Mr. Alex Masibag

W: Yes

P: how are you related to her?

W: No, we are not related.

P: where were you at around 2:00 in the afternoon on December 15, 2022?

W: I was in the house of Mr. Alex Masibag we talk about the width and the document of the land
he was selling.

P: In what specific area are you inside the house?

W: I was in the front of the house near the gate.

P: did something happen at that time?

ATTY: objection, your honor! Question is leading

JUDGE: sustained

CROSS EXAMINATION OF 2ND WITNESS

Judge: Any re-direct?

Prosecutor: None, Your Honor.
Court interpreter: Witness you may now be excused.

Formal Offer of Evidence by the Prosecution

Clerk of the court

: please state your first and last name.

Masibag : I am james Alex masibag Jr.

Lawyer : [stand up] Masibag, where do you work?

MASIBAG : currently I work as a manager to one of the company of my brother located at P.I.
Garcia Naval Biliran.
.
Lawyer : what is your relationship with Mr. Mark Louie Cramen
Masibag : He’s my Younger Brother.
Lawyer : Do you have good relationship with him?
Masibag : Yes we are in good terms since my father inherited the company to my brother and
he also trusted me the house and lot since he’s working as an OFW.

Lawyer : do you have an argument regarding that matter?

Masibag : Yes. We had small argument about the money I’ve been using while I’m managing
his house and lot here in naval.

Lawyer : So are you saying that you didn’t forge the signature of Mr. Cramen and he give the
full authority or consent to you ?

MASIBAG : Yes . YOUR HONOR.

PROSECUTOR ( SABENORIO ) : OBJECTION YOUR HONOR! He’s not stating the

fact!

JUDGE : PROCEED.
Lawyer : Are you sure that YOU DID NOT forge THE signature or is it someone else?
MASIBAG : Yes, I believe so.
Lawyer : Thank you, I have no further questioned your honor.
Judge: does the defense have any questions?
Lawyer: not at this time. Your honor

Judge: The victim is excused [wait for the witness to leave the stand] the prosecution may called
the expert witness

Deputy D.A: please call the expert witness

[Bailiff takes the expert witness stand]

CLERK OF THE COURT : please stand. Raise your right hand do you promise that the
testimony you shall give in the case before these court shall be the truth, the whole truth, and
nothing but the truth, so help me god.

Expert witness: I DO

CLERK OF THE COURT : please state your first and last name.

Expert witness : I am Shair Mona Onting

Lawyer Carba : Ms Onting , where do you work ?

Expert Witness : I am working in PNP national crime laboratory office in Quezon City in
metro manila for 12 years.

LAWYER Carba : How can you prove that you are really an expert witness? That you are
expert in forensic document examinations?

EXPERT WITNESS : let me show you legal documents proven that I am really an expert
when it comes to forensic document examination(show to the judge the legal document/papers.

Lawyer Carba : have you been in different scenario like performing you duty as an expert
witness?

Expert witness : Yes I DO have attended various court trials as an expert witness to be exact
Lawyer Carba : how will you prove that you capability reliable enough to prove that defendant
is not guilty?

Expert Witness : ah yes, let me show you the documents that are said being forge and the
forge documents. (explaining deeply) and ( presenting the questioned documents and Standard
Documents )

Lawyer Carba : so your saying that the accused is guilty?

Expert Witness : Yes, based on falsification , forgery and fraud. To establish successful civil
claim, the complainant prove the intention and we conduct the accused person and the
presumption of intention that fall under respective statuary provision. And the accused of the
crime of documentary falsification is committed when the accused falsifies, alters, modifies, or
stimulates document. The crime I included in Article 390 to 399 of the Penal Code. The
protected legal right is the security of the legal traffic, the public faith and trust of citizens and
institutions.
----------------

PROSECUTOR: Your Honor, we are now resting the case for the prosecution.

JUDGE: How do you intend to submit your formal offer?

PROSECUTOR: We can now offer our evidence, Your Honor.

JUDGE: Proceed

PROSECUTOR : We have here also the proof of the documents by the accused. ( giving the
proof/evidence to the judge )

JUDGE: Any comment?

ATTY : No your honor.

JUDGE: Acting on the formal offer of the evidence of the prosecutor and comments thereon by
the defense counsel, the Court resolves to admit all the eveidence offered by the defense counsel
specified in the offer.

Formal Offer of Evidence of Defense

ATTY: Your Honor, we are now resting the case for the defense.

JUDGE: How do you intend to submit your formal offer?

ATTY.: We can now formally offer our evidence Your Honor.

JUDGE: Proceed.

ATTY: we have here also the proof or evidence for my client. ( showing the papers )

JUDGE: Any comment, PROSECUTOR?

PROSECUTOR:

As to that document , we can not accept its existence and authenticity, Your Honor.
As to the 2nd document, we can only admit the existence but not the authenticity and truthfulness
Your Honor.

JUDGE: Acting on the formal offer of exhibits of the defense counsel and comments thereon by
the public prosecutor, the court resolves to admit all the exhibits offered by the defense counsel
specified in the offer.

JUDGE: Any rebuttal-evidence, Fiscal?

PROSECUTOR: No rebuttal evidence, Your Honor.

JUDGE: Considering that the public prosecutor will not present rebuttal evidence, the court
gives the parties 30 days from today within which to file their respective memoranda. The case
shall be deemed submitted for decision after the lapse of the said period, even without the said
memorandum.

JUDGE: Any closing statements?

Prosecution: Your honor, today we have the burden of proof. As the evidences shown which are
the signatures, receipt and other documents that the accused have during that day of December
15, 2022 it has identified as being worn by the accused before he sell the house and lot happened
and which was retrieved of the accused after he know that Mr. Cramen is going to file a case for
him.

DEFENSE : Your honor, today the prosecution has the burden of proof and they have availed to
prove it. Your honor they have not showed beyond reasonable doubt that (accused) is guilty. The
evidence show that (accused) forge the public document by Mr. Masibag. It was clearly stated.
By that, we ask for a verdict of not guilty your honor.

JUDGE: We have now heard arguments from both sides in the case of People of the Philippines
vs. Mr. Alex Masibag Jr. I must now decide if the State has proven beyond a reasonable doubt
that the defendant is guilty of falsification of public documents.

I have been given material that will help understand the law regarding presumption of innocence
and reasonable doubt, as well as the requirement for a unanimous verdict and the facts that the
State must prove in order to find the defendant guilty.

JUDGE: Order.
 Judgement

JUDGE: Will the defendant please stand. (Mr.

Alex Masibag Jr. stand along with their lawyers)
You may read the verdict.

Clerk of Court:
(THEY READ VERDICT BELOW or FROM THEIR VERDICT
FORM)
*****************************************************
(As to each charge, check whether guilty or not guilty)

Clerk of Court: As to the charges against Mr. Alex Masibag Jr., your honor, we find as follows:

Mr. Masibag Jr. is Guilty for the crime of Falsification of public document, forgery and fraud.
This crime is included in Article 390 to 399 of the Penal Code.

******************************************************
Judge: Thank you everyone.
Clerk of Court: Court is adjourned. Order in the court.

(All rise as the judge exits the courtroom)