Clerk of court:

All rise.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 Yourgreater glory.Amen.The court is now in session. Honorable Judge Luz Legara is
presiding.
Judge:
Call the case
Clerk of court
: People of the Philippines vs Christopher James Barcelon Criminal Case No: 1234 for: Rape
Prosecutor:
City prosecutor Lloyd Vincent Chris Secuya for the prosecution, your Honor.
DC:
Atty.________________ respectfully appearing for the defense, your Honor.
Judge:
Is the accused around?
DC:
The accused is around, your Honor.
Judge:
Arraign the accused.
Court Interpreter:
People of the Philippines vs Christopher James Barcelon No: 1234For: Rape

The undersigned accuses Christopher James Barcelon of the crime of RAPE under Article
335 of the Revised Penal Code, committed as follows:That on or about May 18, 2024, at
around 7 o’clock in the evening, in the Municipality of Kapalong, Province of Davao del
Norte, Philippines, and within the jurisdiction of this Honorable Court, the above-
named accused, with lewd designs, by means of force, violence and
intimidation,that is by attacking and hitting with a rod-like instrument, REGINE
PURISIMA, which resulted in her incurring serious physical injuries that almost caused her
death, and while the victim was in such a defenseless situation, did then
and there have carnal knowledge of said Regine Purisima against her will
andconsent.Contrary to law.
Court Interpreter:
Do you understand the allegations of the facts?
Accused
: Yes, your honor.
Interpreter:
What is your plea?
Accused
: Not guilty, your honor.
Interpreter:
The accused pleaded not guilty, your Honor.
Judge
: What was the status of this case before the fire?
Prosecution:
Prior to the fire, a pretrial order has been issued by this Honorable Court. We now pray your
Honor that our motion for reconstitution of records be granted. May I approach the bench?
Judge:
Proceed. Finding the motion for reconstitution of records sufficient in form and substance,
this Court hereby grants and admits the evidence attached thereto.
FIRST WITNESS FOR THE PROSECUTION
Judge:
Proceed with the trial. Prosecution, who is your first witness?
Prosecutor:
The victim herself, MS. REGINE PURISIMA, your Honor.
Judge
: Is she ready?
Prosecutor
: Yes, your Honor.
Judge
: Call your witness.
Prosecutor
: May we call MS REGINE PURISIMA to come to the witness stand.
Court Interpreter
: Raise your right hand. Do you swear or affirm to tell the truth, the whole truth and nothing
but the truth?
Witness
: I DO.
Court Interpreter
: State your personal circumstances.
Witness
: I,REGINE PURISIMA, 23 years old, single and a resident of Barangay
Katipunan,Kapalong, province of Davao del Norte
Prosecutor
: We offer the testimony of the witness-complainant to prove that the accused committed the
crime upon his person. Ms. Witness, for the record, please state yourname, status, job, and
residence.
Witness
: I am CRISTINE REYES, 23 years old, single, jobless and a resident of
Barangay Katipunan, KAPALONG, Davao del Norte.
Prosecutor
: Ms. witness, do you know Christopher James Barcelon, the accused in this case?
Witness
: Yes, ma'am.
P
: Do you know him personally?
W
: Yes, he has been my neighbor since I was still very young.
P
: What else?
W
: He is also a farmer in a nearby field. I often see him with my grandpa during harvest season.
P
: Have you had any interaction with him?
W:
None, ma'am. But I sometimes notice that when I pass his house, he would stare at me.
D:
Objection your Honor, the statement is irrelevant. The witness can't prove whether the
accused did or did not stare at her.
C:
Sustained. Strike out the last statement.
P:
So, you had no dealings with him prior to his case?
W:
None ma'am.
P:
I see. Ms. Witness, what happened on the night of MAY 18, 2024?
W:
I was raped ma'am.
P
: When did the ACCUSED rape you?
W
: I believe it was around 7o'clock in the evening.
P
: Where did this happen?
W
: It happened in the rice fields ma'am.
P:
Why were you in the rice fields at that time of the day?
W
: I was supposed to go to the center to buy dinner for me and my grandfather. I was walking
through the rice paddies when the accused approached me from behind.
P
: How did you know it was the accused who approached you?
W
: I was bringing a LAMPARA since it was already dark, when suddenly I noticed some
movement behind me. It was the accused, who seemed to appear suddenly from nowhere. I
lifted the LAMPARA nowhere and illuminated his face, and I was able to recognize him.
P
: What was your reaction when you saw the accused?
D
: Objection your Honor. Irrelevant. It does not tend to prove the fact in issue.
J
: Overruled.
P
: What then happened next if any?
W
: I greeted him “maayong gabii angkol”. But I noticed that he was bringing a rod-like object
and he was hiding it behind his back.
Court Interpreter: - interprets -
P:
Did he reply to your greeting?
W:
No ma'am. He lunged at me. I was startled then I tried to run away from him. But he caught
up to me immediately and I felt a very strong pain at the back of my head. I think it was
because the accused hit me with the rod-like object that he was holding.
D:
Your Honor, I move to strike the answer of the witness. It is a mere opinion of the witness.
C:
Granted.
P
: And what happened to you after you felt the strong pain in your head?

W
: I felt dizzy and I fell down ma'am.
P
: Did you lose consciousness?
W
: No, maam. I was dizzy and my head was really painful but I was still conscious. I could still
feel what was happening to me. I was closed my eyes and pretending to be dead because I
was afraid that he would kill me if he finds out I was still alive or if make some resistance.
P
: What then happened afterwards?
W
: The accused he pulled down my jogging pants. He also removed my panty, my blouse and
my bra.
P
: After he undressed you, what did he do next?
W
: He went on top of me.
P
: What happened then?
W
: ……..
P:
What happened next?
W
: He came ma'am. Then he stood up and put on his pants. He then checked if I was
still breathing. I held my breath and pretended to be dead.
P
: What happened afterwards?
W:
He covered me with grass ma'am. Then he left.
P:
What did you do after he left?
W
: I tried to feel my head, the one where he hit me. It was bleeding profusely. I tried tomove
but it was too painful. I lost consciousness after.
P
: What happened next?
W
: I regained my consciousness. I did not know what time it was but it was still dark. I started
to crawl towards the bright lights. I crawled and crawled until I reached what I think was the
highway. I was too exhausted to move and I just lied there hoping and praying the whole time
praying that someone would be able to see me and bring me to thehospital. I was so tired and
could hardly move anymore. I fell unconscious again.
P
: What then happened afterwards?
W
: When I woke up, I was already in the hospital. I saw my grandfather talking to
some policemen in the emergency room.
P
: In the hospital, did they conduct any examinations/tests on you?
W
: Yes ma'am.
P
: Can you still remember the examinations/tests done to you?
W
: Yes, the medical personnel conducted physical examination and vaginal swab on me.
P
: What happened after?
W
: I stayed in the hospital until I was strong enough to go to the Police Station. Together

with my grandfather, I filed a formal complaint against the accused.

P
: Now, Ms. Purisima, if accused is inside the courtroom, will you please point at him?
W
: It was him (points to the accused). He was the one who raped me ma'am.
Interpreter
: Witness is pointing to a man wearing an inmate uniform. Could the man riseand state his
name.
Accused
: I am Christopher James Barcelon, your Honor.
P:
No further questions your Honor.
CROSS-EXAMINATIONC:
Defense, do you have any questions for cross-examination
Defense:
Yes your Honor.
Judge:
Proceed.
D:
Ms. Witness, why were you going to the ______at that time of the night, all alone?
W:
I was going to buy food from the sentro ma'am.
D:
You live on the farm yet you have no food in your house?
W:
Yes ma'am.
D:
Why is that?
W:
We plant corn ma'am and it's not yet harvest time.
D:
I see. And why did you go out at night time?
W:
I forgot to buy it earlier that day because we were very busy in the fields ma'am.
D:
Why did you not ask anybody to accompany you?
W:
There would be nobody left in the house ma'am. Besides, there was no crime in our area for
a while now. We all know and help other. We're a very close community. I didnot expect
anything to happen to me that night ma'am
D:
Ms. Witness, you testified earlier that it was already 7 o'clock when the incident happened, is
that correct?
W: Yes ma'am.
D: You mentioned that the incident happened in the ricefields. Where there any objectswhich
provide illumination in the ricefield?
W:
No ma'am. But I was bringing a lampara.
D:
Is your lampara very bright?
W:
Enough to light my way in the ricefield ma'am.

D:
How far did the light illuminate your way Ms. Witness?
W:
About a meter or so ma'am.
D:
In effect, it was just about enough to illuminate just your 'front' ma'am?
W:
Yes.
D:
So Ms. Witness, how did you know it was the accused then who assaulted you?
W:
I saw him ma'am.
D:
But you said it was very dark and the light from the lampara is very limited. How canyou be
certain that it was him?
W:
I am familiarize with his built and features because I always see him.
D: So, in short Ms. Witness, you just made the assumption that it was the accused whoraped
you on the basis of his body built?
W:
No Ma'am. I also saw his face.
D:

I see. That’s all your Honor.

C:
Prosecutor, do you have any re-direct?

P:
Yes, your Honor.
RE-DIRECT EXAMINATION
P:
Ms. Witness, how were you able to ascertain that it was the accused who raped you,given
that it was very dark when the incident happened.
W:
As I previously said ma'am, the lampara illuminated his face.
P:
And was there any distinguishing mark which would enable to you establish that itwas
indeed the accused who hit and raped you?
W:
Yes ma'am.
P:
And what is that?
W:
He has a butterfly tattoo on his face.
P: Your Honor, may we ask this Honorable Court to make the accused stand
C: Will the accused please stand
A:
(stands)
P:
Now, Ms. Witness, can you please describe the face of Mr. Barcelon?
W:
Its very ugly ma'am. I will not forget that face all my life because he raped me.P: Do you see
any distinguishing mark on his face?
W: Yes ma'am.
P: What mark is it?
W: Its a tattoo of a butterfly.
P: No further questions your Honor.

C: Any re-cross for the defense counsel?

D: None your honor.

J: The witness is now excused.
SECOND WITNESS FOR THE PROSECUTION
Prosecutor:
With the permission of this Honorable Court, may I call our
second
witness,Your Honor?
Judge:
Call your next witness, counsel.

Judge:
Call your next witness, counsel.
Prosecutor:
Our 2nd witness Your Honor, is Dr. Kane Ugnay the NBI Medico-Legal Officer who
conducted examinations on the victim in the morning following theincident.
Judge:
Swear the witness.
Court Interpreter
: Do you swear to tell the truth, the whole truth and nothing but thetruth in this hearing?
Witness
: Yes, I do.
Court Interpreter:
Will you please state your name, age, status, address and other personal circumstances?
N:
I am Dr. Kane Ugnay, 35, married, a resident of Dreamville, Mangga, Visayan Village,
Tagum City I am aMedico-Legal Officer of NBI, Davao Del Norte.
Court Interpreter:
Your witness, counsel.

Prosecutor:
We offer the testimony of Dr. Ugnay as corroborative evidence to formally testify the content
of the medico-legal report.
Judge
: Proceed.
DIRECT EXAMINATIONProsecution
: Witness, what is your educational background?
Witness
: I finished Doctor of Medicine.
Prosecution
: From what school?
Witness
: University of Philippines, College of Medicine
Prosecution
: What licensure exam have you taken, if any?
Witness:
Licensure for Physicians.
Prosecution
: When did you take and pass the licensure exam?
Witness
: In the year 2017.
Prosecution
: After that, did you have a formal training, if any?
Witness
: Yes. I was a Resident Physician at University of the Philippines - Philippine General
Hospital (UPPGH).
Prosecution
: What further studies have you pursued after medical school, if any?
Expert Witness:
I pursued a Residency in Obstetrics and Gynecology at University of the
Philippines Philippine General Hospital (UPPGH) and passed the diplomate exam.
Prosecution
: After that?
Witness
: I was an ObGyne Consultant at the University of the Philippines - Philippine General
Hospital (UP-PGH) for 2 years, before I was hired by National Bureau of
Investigation Medico-Legal Division, Cagayan de Oro.
Prosecution
: As what?
Witness
: Medico-Legal Officer.
Prosecution:
Can you tell us what do you do as a Medico-Legal Officer? What are your functions?
Witness
: I conduct physical examinations referred to our Division in cases of rape, murder and the
like. I also attend court hearings for my MedicoLegal opinion.
Prosecution
: Approximately how many times have you testified as an expert witness in a arape case?
Witness:
More or less 50 cases ma’am.
Prosecution
: Did you conduct a physical examination on May 19, 2024 involving one Regine Purisima?
Witness:
Yes.
Prosecution
: After you have examined, what did you do?
Witness:
I made a report.
Prosecution:
I am showing to you a document with a heading “medico-legal report”,what is the relation of
this document to the report you just mentioned?
Witness:
That is the same document.
Prosecution:
Whose signature appears above the name Ugnay?
Witness:
Mine.

Prosecution:
We pray your Honor that the medico-legal be marked as Exhibit B and the signature
appearing in this document as exhibit b-1.
Judge:
Mark it.
Prosecution:
You Honor that he be qualified as expert wtiness.
Judge:
Admitted.
Prosecution:

One of your findings states that the victim’s hymen showed lacerations at 3o’clock and 9
o’clock positions.
Witness:
Yes.

Prosecution:
Will you please tell us what do these lacerations mean?
Witness:
A 3o’clock and 9 o’clock indicates
the position of the injury sustained
by the victim in her private internal
organ,maam.

Prosecution:
What could have caused these lacerations you found?
Witness:
It could be caused by a blunt object or by violence.

Prosecution: Could it be caused by a private organ of a man forced to penetrate the vagina
of the victim?
Witness: Yes maam.
Prosecution:
How about this entry which I quote, “Rupture with remnants of the hymen within the
vaginal opening” Tell us what does it mean.
Witness: It simply means that if the hymen is ruptured, there is a penetration of the vagina.

Prosecution:
The alleged crime was committed on May 18, 2024, and you examined her on May 19,
2024 could you tell us if the injuries you found on the private organ of the victim are
compatible to the date of infliction?
Witness: There is a fresh injury. It could only be recent; it could be less than 2 days I
examined her a day after. Yes Maam, the injuries are compatible with the date of infliction.

Prosecution: Still in your medical certificate, it shows that you conducted

another procedure which is the vaginal swab, could you tell the court of your findings?

Witness: A vaginal swab of the victim, Miss Purisima yielded a positive result
for spermatozoa.

Prosecution: No further questions, your Honor.

Judge:
Any cross-examination from the defense?
Defense:
Yes your honor.
Judge:
Proceed.
Defense:
May I approach the witness your Honor?

CROSS EXAMINATION
Defense:
According to you that the vaginal swab yielded a positive result ofspermatozoa. Is that
correct?
Witness:
Yes ma'am.
Defense:
Did you conduct any test to identify whose spermatozoa was in the swab test?
Witness:
No ma'am.
Defense:
Why did you not conduct any test?
Witness:
We do not have any machine that will make us identify it ma'am.
Defense:
So in effect, Ms. Witness, what you are trying to say is that the victim wasraped but the test
does not reveal the identity of the person whose sperm was found in her body?

Witness:
Yes ma’am.
Defense:
No further questions your Honor.
Judge:
Any re-direct?
Prosecution:
No your Honor.
Prosecutor:
We are through with the presentation of all our witnesses, Your Honor.
Judge:
In the interest of justice, are there any other additional comments or questionsfrom the
defense?
Defense:
None, Your Honor.

Judge:
Any re-cross?
Prosecution:
None Your Honor.
Defense:
Those are all the witnesses for the Defense, Your Honor. May it please theCourt.
Judge:
Are there no more evidences to be presented by both the parties?
Prosecutor:
None, Your Honor, for the prosecution.
Defense:
None, Your Honor, for the defense.
Judge:
Order for this case, the Prosecution and the Defense had already presented all oftheir
respective witnesses and that they manifested their intention to rest its case.
The parties are hereby ordered to submit their formal offer of evidence within 15 days fromre
ceipt of this order. So ordered. Are there any more cases?
Clerk of Court:
None, your honor.
Judge:
This Court is hereby adjourned.