Legal Internship Mock Trial Script
Juris Doctor (Urdaneta City University)
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Legal Internship Mock Trial Script
Roles:
Mario Navalez - Defense Attorney
Jenifer De Luna - Prosecutor/Interpreter
Richie Unlayao - Presiding Judge
Benjie Macalino - Accused/Father of Victim/Psychologist*
Lyselle Rambac - Victim/Daughter of Victim/Interpreter
INTRODUCTION
Introduction and Prayer
Interpreter:
All rise!
By order of the Honorable Court, session is hereby open, Honorable Richie Unlayao
presiding. Please remain standing for the ecumenical prayer.
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 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 be effective channels of
truth, justice and peace. In our proceedings today, guide us in the path of righteousness,
the fulfillment of your greater glory. Amen.
Silence is hereby enjoined. The court is now in session.
ARRAIGNMENT
Interpreter:
We call on Criminal Case No. T-112358, People of the Philippines vs. Benjie
Macalino – for Rape
Court:
Appearances?
Prosecution:
Jenifer De Luna, for the Government, your Honor.
Defense:
Mario Navalez, appearing for the accused, your Honor.
Court:
Is the accused present today?
Defense:
Yes, your Honor.
Court:
Is the complainant present?
Prosecution:
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Yes, your Honor. She is accompanied by her father, as she is a minor.
Court:
Alright. Have the accused come forward for the reading of information.
Interpreter:
People of the Philippines vs. Benjie Macalino
Information
The undersigned, upon verified complaint of LYSELLE MARI P. RAMBAC, a minor 14 years
of age, hereby accuses BENJIE Y. MACALINO, for the crime of RAPE, committed as follows.
That sometime in the year 2020 at Brgy. Poblacion in the municipality of Poblacion,
province of Pangasinan, Philippines and within the jurisdiction of this Honorable Court,
the above- named accused, by means of force, violence and intimidation, did then and
there willfully, unlawfully and feloniously point a bolo at the throat of one LYSELLE MARI
P. RAMBAC, a minor 14 years of age (but based from the Psychological Report issued by
the Region I Medical Center, Dagupan City, she has a mental age of seven (7) years old),
tell her to go inside the room, close the door, instruct her to remove her shirt, shorts and
panty, lie her down, and after removing his clothes, he go on top of her body and then
forcibly insert her penis into her vagina, against her will and without her consent, to the
damage and prejudice of the said minor.
Contrary to Art. 266-A, par. 1, in rel. to Art. 266-B of the Revised Penal Code, as amended
by R.A. 8353 (otherwise known as Anti-Rape Law of 1997).
Court:
Mr. Benjie Macalino, do you understand the nature of the accusation made against
you?
Accused:
Yes, your Honor.
Court:
Okay, how do you plead?
Accused:
Not guilty, your honor.
Court:
Alright. Atty. Navalez, is your client interested in plea bargaining?
Defense:
No, your Honor, for my client is innocent to the charge.
Court:
But Atty. Navalez, is it not possible that you cannot enter into a plea for a lesser
offense? What do you say to this?
Defense:
Okay, your Honor. May I confer first to my client?
Court:
Alright. You are given a few minutes to confer with your client.
Defense:
Your Honor, I conferred with my client and he does not want to plead guilty for a
lesser offense.
Court:
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Alright. In view of this, you (the accused) may step back and return to your seat.
Order. After arraignment of the accused, Benjie Macalino; he pleaded not guilty to the
offense charged and had refused to enter into a plea bargain. We now proceed with the
Pre-Trial for purposes of identification of documents or exhibits to be presented; the
verification of photocopies and to consider other matters as may aid in the proper
disposition of this case. The parties are reminded that there would be no evidence that
may be presented and admitted in this trial if they are not formally marked and identified
in the course of the preliminary conference, unless if there is good cause, the court will
admit the same.
PRE-TRIAL
Court:
May we now hear the opening statement of the prosecution?
Prosecution:
Thank you, your Honor.
The accused, Benjie Macalino, by means of force, violence and intimidation, did
then and there willfully, unlawfully and feloniously pointed a bolo at the throat of Lyselle
Rambac, 14 years old but with a mental age of 7 according to the Psychological report,
into entering his house, inside one of the rooms and proceeded to have his way with her.
That it was committed sometime in of 2020 at Brgy. Poblacion in the City
of Urdaneta, province of Pangasinan, and within the jurisdiction of this Honorable Court.
That, according to the victim, the accused told her to go inside the house, in one of the
rooms; that upon entering the room, the accused closed the door, instructed her to
remove her shirt, shorts and panty, told her to lie down and after removing his own
clothes, he went on top of her body and then forcefully inserted his penis in her vagina,
against her will and without her consent.
We would move that the accused be found guilty beyond reasonable doubt for the
reason we ask for is the verdict of guilty. Thank you, your Honor.
Court:
Would the defense like to have their opening statement or would you like to defer
until the prosecution rests their case?
Defense:
Court:
This is the pre-trial, let us have the stipulations.
Will the defense admit the identity of the accused as the one charged in the
Information?
Defense:
Denied, your Honor.
Prosecution:
The time, date and place of the incident?
Defense:
Denied, your Honor.
Prosecution:
Will the defense admit the minority of the complainant Lyselle Rambac?
Defense:
Denied, your Honor.
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Court:
How old was the complainant at the time of the incident?
Prosecution:
She was 14 years old, you Honor.
Court:
Any counter-proposal for admission?
Defense:
We only admit the jurisdiction of the court and the identity of the accused as the
one charged in the Information, your Honor.
Court:
Your exhibits Fiscal.
Prosecution:
For the prosecution, your Honor, we have the following exhibits:
Exh. A – Sinumpaang Salaysay of Lyselle Rambac;
Exh. B – Sinumpaang Salaysay of Russel Rambac
Exh. C – Medico-legal of Lyselle Rambac;
Exh. D – Birth Certificate of Lyselle Rambac;
Exh. E – Psychiatric Evaluation Report of Lyselle Rambac, with reservation to mark
additional exhibits during the trial, your Honor.
Defense:
For the defense, we have the following exhibits, your Honor:
Exh. 1 & 1-A – Sinumpaang Kontra-Salaysay of Benjie Macalino;
Exh. 2 & 2-A – Sinumpaang Salaysay of Rosalinda Macalino;
Exh. 3 – Medico-legal Certificate of Lyelle Rambac (also Exh. C of the prosecution);
Exh. 4 to 4I – Photographs of the house of the accused Benjie Macalino;
Exh. 5 – Photocopy of a Certification issued by the DAR dated November 3, 2017
Exh. 6 – Photocopy of the title of the land in dispute between the complainant and
the accused Benjie Macalino, and we reserve to present other exhibits for good cause
during the course of the trial, your Honor.
Court:
Your witnesses.
Prosecution:
For the prosecution, we will be presenting Lyselle Rambac, Russel Rambac, Dr.
Loreta Dela Cruz, a registered psychologist, your Honor.
Defense:
For the defense, we have the accused Benjie Macalino and Rosalinda Macalino,
your Honor.
Court:
What will be the nature of the testimony of the psychologist, Fiscal?
Prosecution:
She will be testifying on the Psychological Evaluation Report that she prepared and
that although Lyselle Rambac was 14 years old, she has a psychological mental age of 7
year old.
Court:
Will the defense admit that?
Defense:
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We deny that, your Honor.
Court:
For the prosecution, you may now call in your first witness.
Prosecution:
Yes, your Honor. The prosecution would like to call on Lyselle Rambac to the
witness stand.
Interpreter:
Do you swear to tell the truth and nothing but the truth?
Lyselle:
Yes, Ma’am.
INTERPRETER:
Ms. Witness, please state your name, age and other personal circumstances?
LYSELLE:
I am Lyselle Rambac, 15 years old, single, lives in Urdaneta City, Pangasinan.
PROS. DE LUNA:
We are offering the testimony of the witness to prove her minority, she shall
identify the accused who raped her; she shall identify her sinumpaang salaysay: she will
identify related documents and she will testify to other related matters, your honor. May
we proceed, your Honor?
COURT:
Proceed.
PROS. DE LUNA:
Before we proceed, your Honor, may we pray to the Honorable Court Considering
the minority and the allegation that this witness has a mental age of 7 years old; that we
be allowed to ask leading questions from time to time, your Honor.
COURT:
The court allows leading questions.
PROS. DE LUNA:
Thank you, your honor.
DIRECT EXAMINATION OF LYSELLE RAMBAC
Q: Hello, Madam Witness. May I know your name?
A: I am Lyselle Rambac.
Q: And how old are you now, Lyselle? May I call you Lyselle?
A: Yes ma’am. I am 15 years old.
Q: Where are you from?
A: I live in Urdaneta City, Pangasinan
Q: Where exactly in Urdaneta Lyselle?
A: In Brgy. Poblacion, Ma’am.
Q: Do you recall any incident that may have transpired between you and Benjie
Macalino, sometime in 2019?
A: Yes, Ma’am
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Q: Can you tell us what that incident was?
A: My mother instructed me to get rice from the Lolo Benjie Macalino. When I arrived at
his house, he told me to go inside his bedroom.
Q: This Lolo Benjie Macalino, is he here now? Can you point him out if he is here?
A: Yes, Ma’am (points at Benjie).
Q: How are you related to this Lolo Benjie?
A: He is the uncle of my father, Ma’am
Q: When you were instructed by Lolo Benjie to go inside his bedroom, he pointed a bolo
at your neck, is that correct?
A: Yes, Ma’am.
Q: Do you remember how long was the bolo?
A: Yes, Ma’am.
Q: Was it this long?
A: Yes, Ma’am.
Q: When you entered his room while being pointed in the neck with a bolo, what did he
do next?
A: He told me to remove all my clothes, Ma’am, and told me to lie on the bed.
Q: And did you do what he told you to do?
A: Yes, Ma’am. He told me that if I did not do it, he would kill my parents.
Q: What did you feel when he was pointing a bolo at your neck while telling you he will
kill your parents?
A: I felt scared and did what he commanded.
Q: What did he do next when you did what he commanded?
A: He removed his clothes. He then lied on top of me and he inserted his penis.
Prosecutor: We would like to manifest, your Honor that the witness is crying while she
is testifying.
Court: Where did he insert his penis?
A: In my vagina, your Honor.
Q: After he finished, what did he do next, Lyselle?
A: I don’t recall much. I just remember that he put his clothes on, told me to do the same
and then he gave me the rice.
Q: Did he reiterated that he would kill your parents after that?
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A: Yes, Ma’am.
Q: How far is the house of Lolo Benjie from your house? Did you walk or rode a tricycle?
A: I walked Ma’am. His house is near our house, Ma’am.
Q: How near from your house?
A: Just a few steps, Ma’am. His house is next to the house of Badong, which is our
neighbor.
Q: It was only on January 8, 2020 when your family and relatives learned about what
your Lolo Benjie did to you, is that correct?
A: Yes, Ma’am.
Q: Did you tell anyone about the incident before?
A: I told Manang Abegail who lives in San Vicente, Ma’am.
Q: So you confided first to Manang Abegail who is residing in San Vicente. How are you
related to her?
A: I don’t know. I just call her Manang because she is older than me and my friend.
Q: How did you meet Abegail?
A: She and I went to the same school when I studied in Grade 5 in San Vicente.
Q: And she knew what happened before your father, is that correct?
A: Yes, Ma’am.
Q: Why did you not tell your father first or any relative?
A: I was afraid that Lolo Benjie might kill them.
Q: What grade are you now, Lyselle?
A: I am in Grade 6.
Q: Do you know the date today?
A: I don’t know, Ma’am
Q: How about your birthday? Do you know when’s your birthday?
A: March 30, 2003, Ma’am.
Q: How about the date yesterday?
A: I don’t know, Ma’am.
Q: Do you know how to read the calendar?
A: No, Ma’am
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Q: Do you recall the Sinumpaang Salaysay that you signed before SPO1 Grace Lagua or
Madam Police Officer?
A: Yes, Ma’am
Q: Showing to you a Sinumpaang Salaysay, is that Sinumpaang Salaysay that you
narrated to the policewoman which was encoded?
A: Yes, Ma’am.
Q: Showing to you this Birth Certificate, is this your name and details printed on the
document?
A: Yes, it is my name on the paper.
Q: Is Russel Rambac the name of your father?
A: Yes, ma’am.
Q: He was with you when you signed this piece of paper?
A: Yes ma’am.
Q: Did he tell what to say in this paper, Madam witness?
A: No ma’am, it was my own ma’am.
Q: Is this your signature?
A: Yes ma’am.
Q: You can write, Madam witness?
A: Yes ma’am.
Q: But you have difficulty in reading?
A: Yes ma’am.
Q: For the record, Madam Witness, can you please again sign the same above your
signature?
A: Yes Ma’am. (Interpreter: Witness is writing her full name slowly on top of her
signature.)
Prosecution:
We are through your Honor.
Court:
Cross, Atty. Navalez?
Defense:
Yes, your Honor.
CROSS-EXAMINATION of LYSELLE RAMBAC
Q: Hello, how are you? May I call you Lyselle?
A: Yes, Sir.
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Q: You said you were in Grade 6. Where do you go to school Lyselle?
A: I go to Baguio National High School, Sir.
Q: Baguio, Benguet? You said you live in Brgy. Poblacion, Urdaneta City, Pangasinan.
A: Yes Sir. I am currently living in Benguet with my sister so that I can attend school there
under the SPED sir.
Q: How about in 2019, where did you live?
A: I lived in Brgy. Poblacion, Urdaneta City, Pangasinan.
Q: Aside from your sister, do you have other siblings?
A: Yes sir, I have a brother.
Q: Did they live with you in Urdaneta last 2019?
A: Only my brother sir. My sister was already living in Baguio as she was attending
college in 2019.
Q: Are your parent both staying at home in 2019?
A: No sir. My father was in Cavite during that time, so only my mother was with us.
Q: Are you close with your mother, Lyselle?
A: Yes sir.
Q: Do you tell her what happens in school? With your friends?
A: Yes sir. I always tell her everything, even when my classmates bully me.
Q: But you did not tell her any incident with your Lolo Benjie?
Prosecutor: Objection, your Honor. Argumentative(?)
Court: Sustained.
Q: I apologize, your Honor.
Do you watch movies, Lyselle?
A: No sir. We do not have TV sir.
Q: Did you have a TV back in 2019?
A: No sir, we did not have one.
Q: In your Sinumpaang Salayasay which you mentioned that you executed earlier dated
January 8, 2020, who was with during that time?
A: I was with my father Sir.
Q: When you executed it was only your father who was with you?
A: Yes, Sir.
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Q: So, there was no other person who was asking you or typing in the computer during
that time?
A: Only the Police Officer, Sir.
Q: So, she was not typing in the computer or typewriter?
A: The police woman was using a computer while she was asking me, Sir.
Q: Did they taught you what to say during that
execution? A: No, Sir.
Q: In your Sinumpaang Salaysay you mentioned that you were ordered by your mother
to get the rice lend by Lolo Benjie from his house, is that correct?
A: Yes sir.
Q: What time did you go there?
A: Around 11:00 in the morning, Sir.
Q: How did you know it was 11:00?
A: I looked at the time on my mother’s cellular phone, Sir.
Q: But you said you have difficulty in reading?
A: Yes sir, I have difficulty reading.
Q: But you know how to read time?
A: I can read numbers sir.
Q: In Paragraph 5 of your Sinumpaang Salaysay dated January 8, 2020, you mentioned
that you were raped between 2019 and 2020, correct?
A: Yes sir.
PROS. DE LUNA: Objection. The question is misleading your Honor, only in 2019, your
Honor.
Court: Sustained.
Q: I reform. It was only in 2019, correct?
A: Yes sir.
Q: You said earlier that you don’t know how to read the calendar, but you remember the
month, is that correct?
A: Yes, sir.
Q: How often do you go to your Lolo Benjie’s house?
Prosecution: Objection, your Honor, Speculation.
Court: Overruled. Answer the question.
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A: I only go there when his daughter, Auntie Rosalinda calls me to do their dishes.
Q: So how often? Everyday?
A: No sir.
Q: Since you’ve visited your Lolo Benjie’s house, are you familiar with his house?
A: Not really sir.
Q: Can you describe his house?
A: His house is huge and painted white sir with a gate.
Q: You mentioned earlier that your house is just one house away from your house, is that
correct?
A: Yes, sir.
Q: What did you do before you entered your Lolo Benjie’s house? Did you knock?
Prosecution: Objection, your Honor. The question is irrelevant.
Court: Overruled. Proceed.
A: Yes, sir.
Q: And who opened the door?
A: It was Lolo Benjie.
Q: Was he alone in the house?
A: Yes, Sir. There was a birthday party next door sir.
Q: Are you familiar with the inside of the house of your Lolo Benjie?
A: Yes, sir.
Q: How many rooms were there in his house?
A: I only know there are two rooms, sir.
Q: Which room did he tell you to go inside?
A: The second room with the brown door.
Q: Do you recall what your Lolo Benjie was wearing at that time
A: No sir, I do not recall.
Q: When you were inside the room, what did you do? Did you cry?
A: Yes sir, I cried.
Q: After the incident, what did your Lolo Benjie do next?
A: He threatened to kill my family. After that he gave me the rice.
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Q: So the rice you borrowed from Lolo Benjie, it was already inside the room before you
entered?
A: Yes, sir.
Q: After that, what did you do?
A: I went home.
Q: Was your mother at your house?
A: Yes, Sir.
Q: Did she notice that you were crying?
A: No sir.
Q: But I thought you were close? Why did you not tell her anything?
A: I was scared.
Q: But you told a friend, Manang Abegail what happened?
Prosecution: Objection. Your Honor, the witness already answered that.
Court: Sustained.
Q: Do you remember the oath you have taken, to tell the truth and nothing but the truth?
A: Yes, Sir.
Q: Did your father taught you how to testify?
Prosecution: Objection your Honor. Speculation.
Court: Sustained.
Defense: No further question, your Honor.
Court: Prosecutor, redirect?
Prosecution: No, your Honor.
We pray that we are adopting the testimony of Lyselle Rambac during the
conduct of the trial proper, you Honor.
Court: Accepted. So you have no more witnesses?
Prosecution: I have, your Honor.
Court: Atty. Navalez, do you have your witnesses ready?
Defense: Yes your, Honor. May we call on to the witness stand the accused, your Honor?
Interpreter: Do you swear to tell the truth and nothing but the truth?
A: Yes, Ma’am.
Interpreter: Please state your name, age and other personal circumstances?
A: I am Benjie Macalino, 64 years old, married, farmer, and a resident of San Vicente,
Urdaneta City, Pangasinan, ma’am.
Atty. NAVALEZ: Your Honor, we are offering the testimony of the witness that he did not
commit the crime charged; that his house is one (1) kilometer away from the house of
the complainant; and it is not possible for him to commit the crime charged on the
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birthday of a certain Jasmine, the daughter of Manang Lusing; and that private
complainant’s father was motivated by the instant case against the accused due to the
land dispute that he had with the latter; and to testify on other matters and to identify
relevant to his defense, your Honor.
Court: Proceed.
Atty. NAVALEZ: Good morning Mr. Witness, may we know your name?
PROS. DE LUNA: The identity of the accused was already admitted, your Honor.
COURT: Already admitted, Atty. Navalez.
DIRECT EXAMINATION of BENJIE MACALINO
Atty. NAVALEZ: How old are you Mr. Witness?
A: I’m 64 years old sir.
Q: What is your means of livelihood?
A: I am a farmer sir.
Q: How long have you been a farmer?
A: More than 40 years sir.
Q: Mr. Witness, on January 18, 2020, can you recall what happened in relation to the
instant case?
A: I received a subpoena on that day sir.
Q: Where did the subpoena came from?
A: From the Office of the Provincial Prosecutor sir.
Q: What was the subpoena all about?
A: It was about the accusation filed by the Lyselle Rambac and her father that I was
asked to file an answer sir.
Q: Did you personally know the complainant?
A: Yes sir.
Q: How?
A: My daughter is the neighbor of the complainant sir.
Q: After you received the subpoena, what did you do?
A: I sought for a counsel to protect my right sir.
Q: DO you personally know the private complainant, Lyselle Rambac?
A: Yes sir.
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Q: What is your relationship with the private complainant?
A: She is the granddaughter of the sibling of my wife sir.
Q: Do you see her often?
A: No sir, I did not see her often times in the year 2020.
Q: What can you say to the allegation that you raped the complainant, Lyselle Rambac?
A: There is no truth about it sir.
Q: How far was your house to the house of Lyselle Rambac Mr. witness?
A: More or less one (1) kilometer sir.
Q: Can you describe your house Mr. Witness?
A: Our house is a small house located at the middle of the field and it has no gate sir.
Q: What was the paint color of your house?
A: My house was not painted, Sir.
Q: I am showing you some pictures, Mr. Witness, what do they depict?
A: The first photographs showing the outside of my house; while the second photograph
shows the façade of my house; the third photograph shows the inside of my house sir. In
the other photographs, the first picture here showing a mango tree is located near my
house; and the other photograph showing several people having picnic is also near my
house and a part of my house is visible sir. The first photograph is me and my wife which
in our background is a farm with a poultry of fighting cock is located. And the second
photograph is a hatchery and the other photographs is our own fishpond near my house
sir.
Atty. NAVALEZ: Your Honor, this pictures was previously marked during the pre-trial as
Exhs. 3 to 3-I, your Honor, we maintained the same markings, your Honor.
Q: Mr. Witness, how well do you know the complainant, Mr. Russel Rambac?
A: He is the father of Lyselle Rambac who is the complainant in this case sir.
Q: How was your relationship with Mr. Rambac, if you had any, Mr. Witness?
A: We don’t have a good relationship sir.
Q: Why do you say so Mr. Witness?
A: Because the mother of Mr. Rambac and my wife have a land dispute sir.
Q: When did this land dispute happen, Mr. Witness?
Prosecution: Objection, your Honor. The question is irrelevant.
Defense: You Honor, I asked this question in order to prove that the root cause of this
complaint is due to a land dispute and how this is the fruition of bitterness. It is why my
client is now being accused of the allegations by the complainant.
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Court: Objection overruled. Proceed counsel.
Q: When did this land dispute happen, Mr. Witness?
A: In 2014 sir.
Q: What was the land dispute all about Mr. Witness?
A: My in-laws, the parents of my wife who gave the land to my wife and the Rambacs
wanted to take the land which was given by my in-laws Sir.
Q: Who owns the Land Mr. Witness?
A: I am the owner of the land sir.
Q: DO you have any proof, Mr. Witness?
A: Yes sir I have.
Q: What are your proofs?
A: I have the transfer certificate of title and a certification from the DAR Sir.
Q: I will show you the Transfer Certificate of Title and the certification from DAR, will you
be able to identify it, Mr. Witness?
A: Yes sir.
Q: I will be showing to you now the Transfer Certificate of Title and a certification from
DAR, was these the documents you’re referring to?
A: Yes sir, this is the same Transfer of Certificate of Title and Certification from DAR I
mentioned earlier sir.
ATTY. NAVALEZ: Your Honor, this Transfer Certificate of Title No. 4444 and the
Certification from DAR was previously marked as Exhs. 4 and 5, we are adopting the
same markings, your Honor.
Q: So, Mr. Witness, you are a farmer, correct?
A: Yes, sir.
Q: Was there an instance where you borrow or lend to anyone some, maybe a kilo or
more than that to anyone or to the family Rambac?
A: On my part Sir there was no instance that I lend them rice since it was my wife who
took over about our rice and I don’t meddle.
Q: Mr. Witness, on January 8, 2020, can you recall what happened if there is any?
A: I received a subpoena sir.
Q: Do you have a grandchild named Jasmine, Mr. Witness?
PROS. DE LUNA: We are objecting to the question that is already leading, your Honor.
Atty. NAVALEZ: I apologize, your Honor.
Q: Mr. Witness, was there an instance on June 8, 2020 that you were in the house of
Lyselle Rambac?
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PROS. DE LUNA: We object again your Honor, the question is leading.
COURT: Sustained.
Atty. NAVALEZ: Mr. Witness, on June 8, 2020, do you recall what happened?
A: There was a birthday but there was no celebration at that time Sir.
Q: Where were at that time?
A: I was in the farm your Honor.
Q: Now Mr. Witness, about the instant case, do you remember having executed any
affidavit?
A: Yes sir.
Q: I will show you this document, will you be able to identify it?
A: Yes sir.
Q: I am showing to you a Sinumpaang kontra Salaysay dated February 26, 2020, was this
the Kontra Salaysay you are referring to?
A: Yes, sir.
Q: On the last page of the Sinumpaang Kontra Salaysay, there is a signature above the
name Benjie Macalino, whose signature is that?
A: It’s my signature sir.
Q: Were you forced and coerced in executing this Sinupaang Kontra Salaysay?
A: No sir, it was with my own volition sir.
Q: Do you affirm and confirm the veracity and truthfulness of you Sinumpaang Kontra
Salaysay dated February 26, 2020, Mr. Witness?
A: Yes sir.
Atty. NAVALEZ: Your Honor, this Sinumpaang Kontra Salaysay dated February 26, 2020
was previously marked as Exhs. 1 to 1-A and the signature of the accused, we maintain
the marking your Honor.
Your Honor, we pray that the Sinumpaang Kontra Salaysay dated February 26, 2020 by
the accused, Mr. Benjie Macalino be formed part of his testimony.
That will be all your Honor.
COURT: Cross Fiscal?
PROS. DE LUNA: Yes, your honor.
COURT: Proceed.
CROSS EXAMINATION of BENJIE MACALINO
Q: So, you’re from Brgy. San Vicente, Urdaneta City, Pangasinan?
A: Yes ma’am.
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Q: And the private complainants were also from Brgy. San Vicente, Urdaneta City,
Pangasinan?
A: Yes Ma’am.
Q: However, you claimed that your house is 1 kilometer away, correct, Mr. Witness?
A: Yes ma’am.
Q: In the 2019, you never left your house, correct Mr. Witness?
A: Yes ma’am, because I was busy in my farm.
Q: You did not leave Brgy. San Vicente, Urdaneta City, Pangasinan on 2019, correct?
A: Yes ma’am.
Q: You said a while ago that your wife was the one who takes care of the products of the
rice field you harvested and that you no longer intervened on how your wife manages
and disposes the fruits harvested from your field, correct?
A: Yes ma’am.
Q: Would you agree with me that your wife could have loaned a portion of your rice to
the Rambacs in the year 2019 without you knowing it?
A: That I don’t know ma’am.
Q: You are even claiming that this case was filed merely to gain revenge because of the
land dispute between the mother of Russel Rambac and your wife, is that correct?
A: It is possible ma’am.
Q: But earlier was there a case filed between your wife and the mother of Rusel Rambac?
A: There is none ma’am.
Q: In fact, there is even no mediation or conciliation proceedings in the barangay
between the mother of Russel Rambac and your wife, correct?
A: They have confronted at DAR ma’am.
Q: But you have identified a certificate of transfer of title you avail in DAR, correct Mr.
Witness?
A: Yes ma’am.
Q: The ownership of the land was settled since 2014 before the DAR when you appeared
for conciliation or mediation?
A: Yes ma’am.
Q: Again when you testified on June 18, 2020, you said you were…
ATTY. NAVALEZ: Objection your honor, it was on June 18.
PROS. DE LUNA: I reform your Honor.
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Q: June 8, 2020 although, there was a birthday there was no celebration because you
were in the farm is that correct?
A: Yes ma’am.
Q: and the farm is situated in Brgy. San Vicente, Urdaneta City, Pangasinan?
A: Yes ma’am.
Q: The photograph you identified earlier Mr. Witness particularly the chicken farm, where
raised you fighting cocks, the place where you constructed a hatchery as well as the
fishpond are all located in Brgy. San Vicente, Urdaneta City, Pangasinan, correct?
A: Yes ma’am.
Q: In fact, Mr. Witness, you are simply denying the accusations filed against you by the
Rambacs?
A: Yes ma’am
Q: Even despite the fact that you were positively identified by the complainant Lyselle
Rambac, correct, Mr. Witness?
A: Yes ma’am.
Q: Do you own a bolo sir?
A: Yes, ma’am.
Q: What is the size of the bolo do you own, Mr. Witness?
A: A normal size.
Q: Is it this size?
A: Yes.
Prosecution: No further questions, your Honor.
Court: Redirect, Atty. Navalez?
Defense: No, your Honor.
COURT: You are excused.
Prosecution: Your Honor, we would like to present Mr. Russel Rambac to testify to the
allegations against the accused.
Interpreter: Do you swear to tell the truth and nothing but the truth?
Witness: Yes, Ma’am.
Interpreter: Please state your name, age and other personal circumstances?
Witness: I am Russel Rambac, 58 years old, married, construction worker and a resident
of Brgy. Poblacion, Urdaneta City, Pangasinan.
Prosecution:
Your, Honor, we are offering the testimony of the witness to corroborate the
testimony of Lyselle Rambac, his daughter; he will also identify his sinumpaang salaysay;
he will testify on other matters relevant to this case. With the permission of the
Honorable Court.
Court: Proceed.
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DIRECT TESTIMONY of RUSSEL RAMBAC
Q: Mr. Witness, how are you related to Lyselle Rambac?
A: She is my daughter, Ma’am.
Q: How many children do you have in your family?
A: I have three children, sir.
Q: And what is the order of Lyselle?
A: She is my youngest, sir.
Q: When was Lyselle born, Mr. Witness?
A: March 30, 2003
Q: What proof do you have to show that you are the father of Lyselle Rambac?
A: Her birth certificate, sir. It is indicated there that I am the father.
Q: Showing to you a certificate of live birth issued by the National Statistics Office, will
you please go over this and tells us if this is the birth certificate of your daughter?
(Showing)
A: Yes, sir, this is the document.
Q: In the year 2019, do you recall an incident that your daughter ever intimated to you?
A: She did not tell me anything, Maam.
Q: So when did you learn that our daughter was raped by the herein accused?
A: Last January 5, 2020 Maam.
Q: So it was on January 5, 2020 when she intimated to you, not in 2019?
A: Yes, sir.
Q: And what did she tell you regarding her ordeal?
A: My daughter told me that she was raped by Benjie Macalino, Maam.
Q: What else did she tell you?
A: That her Lolo Benjie instructed her to go inside the bedroom to get the rice she was
supposed to borrow. That upon entering the room, he pointed a bolo at her neck and told
her to remove her clothes. Thereafter, she told me that her lolo Benjie removed his own
clothes and proceeded to lie on top of her and then inserted his penis in her vagina.
Q: How are you related to this Benjie Macalino, Mr. Witness?
A: He is the husband of my aunt, Ma’am.
Q: So this Benjie Macalino is a relative by affinity?
A: Yes, Ma’am.
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Q: What other words did your daughter tell you when she was narrating her ordeal
according to your daughter?
A: After he did that to my daughter, he gave the rice and threatened not to tell anyone or
lese he is going to kill the entire family because I was not there, sir.
Q: And where were you at that time, Mr. Witness?
A: I was in Cavite, working.
Q: Mr. Witness, did your daughter even tell you the exact date of the incident?
A: She could not tell me the exact date, Ma’am
Q: She was not able to tell you which month or year it transpired?
A: in 2019, Ma’am.
Q: Did she tell you how many times did her lolo Benjie allegedly raped her?
Defense: Objection, your Honor. Leading.
Court: Sustained.
Q: What course of action did you do when your daughter confided to you about what
happened to her?
A: I went to the municipal hall to the Office of the DSWD, Ma’am.
Q: And what did the DSWD tell you to do?
A: They instructed us to go to the municipal hall and together with the policewoman, to
assist us in going to the hospital, maam.
Q: Are you referring to the police station, and not the municipal hall?
A: Yes, Maam. The police station.
Q: And where did you proceed, Mr. Witness, when you went to the police station.
A: A policewoman took my statement and the statement of my daughter. After that, we
were brought to a doctor in the Urdaneta District Hospital, Ma’am,
Q: And what was the reason why you went to the doctor in the Urdaneta District
Hospital?
A: For medical purposes, sir.
Q: If I show to you a copy of the medical certificate, can you identify it, Mr. Witnes?
A: Yes, sir.
Q: Showing to you a medical certificate, will you tell us if this is the medical certificate?
A: Yes, maam, this is the medical certificate of my daughter.
Prosecution:
Your Honor, this medical certificate was earlier marked as Exh. C. We maintain the
same marking and further we request that the diagnosis be marked as Exh. C-1.
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Court: Mark it.
Q: You mentioned that your sinumpaang salaysay was taken. If shown to you a
sinumpaang salaysay that the policewoman made, can you identify it Mr. Withnes?
A: Yes, Sir.
Q: Showing to you a sinumpaang salaysay of one Russel Rambac, is this your statement?
A: Yes, Ma’am, this is the one.
Q: Is this your signature, Mr. Witness?
A: Yes, Ma’am.
Q: Did you read and understood the same before you signed it?
A: Yes, Ma’am.
Q: Do you affirm and confirm to the truthfulness and veracity of your sinumpaang
salaysay?
A: Yes, Ma’am.
Prosecution:
We maintain the marking of this Exh. B, your Honor, and further, we wereque that
the signature of the witness be marked as Exh. B-1, your Honor.
Court: Mark it.
Q: By the way, can you point to Benjie Macalino if he is here, Mr. Witness?
A: Yes, Ma’am. He is that man with in the yellow shirt.
Prosecution: May we make of record that the witness is very angry when he pointed to
the said accused. Than will be all, your Honor.
Court: Cross?
Defense: With the permission of the Honorable Court.
Court: Proceed.
CROSS EXAMINATION of RUSSEL RAMBAC
Q: Mr. Witness, do you live in Pangasinan?
A: Yes, Sir.
Q: Where do you work?
A: In Carmona, Cavite, Sir.
Q: Until now you are still working in Carmona, Cavite?
A: Yes, sir. We have a barracks to stay in.
Q: So you return home to Pangasinan during what days, week, once a month or once a
year?
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A: After every 2 months, sir.
Q: So all that time, who was with your daughter and other children here in Pangasinan?
A: My wife, sir
Q: So your daughter lives with your wife most of the time?
A: Yes, sir.
Q: Also in 2019-2020?
A: Yes, sir.
Q: Can you tell us again what is your relation with the accused Benjie Macalino?
Prosecution: Already answered, your Honor. He is an uncle by affinity since he
answered earlier that the accused is the husband of his aunt.
Q: Can you describe to us how far was your house reckoned from the house of Benjie
Macalino?
A: Maybe less than 1 kilometer from his hut, sir.
Q: Can you describe the house of Benjie Macalino?
A: It is a small hut because he was watching over a piggery and a poultry, sir.
Court: Does he have another house aside from the hut?
A: Only the house of his daughter Rosalinda, Maam.
Q: So the house where the alleged incident happened was not his house, but the house
of his daughter?
A: Yes, Sir.
Q: In 2019, are you in good terms with Benjie Macalino?
A: Yes, sir.
Q: You have no quarrel with him?
A: Yes, Sir
Q: The whole 2017?
A: None, sir.
Q: In 2016?
A: None sir.
Q: How about any land dispute between yours and his family?
A: We don’t care about their properties, sir.
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Q: But there was a quarrel between yours and his family about the land that is
undisputed as of now?
A: None, sir.
Q: So as you said earlier, you only went home here in Pangasinan at least once every 2
months, is that correct?
A: Yes, sir.
Q: And you also said that your daughter told you about the alleged rape on
in 2019, is that correct?
A: Yes, sir.
Q: And so only in January 2020 that your daughter told you about the alleged rape?
A: Yes, sir.
Q: So it was you who foremost first hand that you know the information about this
alleged rape?
A: Her cousin was the first to know, sir. Her cousin from San Vicente.
Q: Her cousin? Not you nor her mother?
A: Yes sir.
Q: So you first before her mother?
A: Yes, sir.
Q: But personally, you have no knowledge of the alleged rape?
A: Yes sir.
Prosecution: We admit your Honor, that he is not an eye witness to the incident.
Defense: That will be all, your Honor.
Court: Any redirect?
Prosecution: No redirect, your Honor.
Court: You are excused.
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