GROUP 2
JOMHEL GALANG - LEADER
MEMBER :
FRINCE DUMALIG
JARMARK PASCASIO
JERICO AQUINO
JERICO SANTOS
JOHN WAYNE CALANOC
KING PASCUAL
PRECIOUS SARDENIOLA
KENNETH GWEN CASIL
OPENING PROCEEDING:
CLERK OF COURT: JERICO A.
ORDER OF THE COURT, ALL RISE PLEASE, HONORABLE JUDGE PRECIOUS SARDENIOLA
PRESIDING.
CLERK OF COURT: JERICO A.
THE COURT IS NOW IN SESSION PLEASE BE SEATED
JUDGE: PRECIOUS
LET THE CASE OF PEOPLE OF THE PHILIPPINES VS. KING PAYLORD PASCUAL INVOLVING THE
CHARGES OF MURDER , COMMENCE, CLERK PLEASE CALL THE CASE
CLERK OF COURT: JERICO A.
CASE NO. 555, PEOPLE OF THE PHILIPPINES VS. PASCUAL, IS CALLED FOR TRIAL
JUDGE:PRECIOUS
IS THE PROSECUTION READY TO PROCEED?
PROSECUTOR: FRINCE
YES YOUR HONOR
JUDGE: PRECIOUS
IS THE DEFENSE READY?
DEFENSE LAWYER: KENNETH
YES, YOUR HONOR
ARRAIGNMENT AND PLEA:
JUDGE: PRECIOUS
LET'S PROCEED WITH THE READING OF THE CHARGES CLERK, PLEASE ARRAIGN MR. PASCUAL
CLERK OF COURT: JERICO A.
KING PYLORD PASCUAL IS CHARGED THAT HE IS INVOLVED IN THE KILLING ON 21ST OF
DECEMBER IN THE CITY OF SANTIAGO FOR THE CASE OF MURDER CONTRARY TO ART. 248 OF THE
REVISED PENAL CODE. MR PASCUAL , HOW DO YOU PLEAD TO THIS CHARGE, GUILTY OR NOT
GUILTY?
ACCUSED: KING
NOT GUILTY YOUR HONOR
JUDGE: PRECIOUS
THANK YOU
OPENING STATEMENT:
JUDGE: PRECIOUS
PROSECUTION, YOU MAY PROCEED WITH YOUR OPENING STATEMENT
PROSECUTION LAWYER:
VOUR HONOR, THE EVIDENCE WILL SHOW THAT THE ACCUSED IS GUILTY FOR COMMITTING THE
CRIME OF MURDER, WE WILL PROVE THIS THROUGH DOCUMENTARY EVIDENCE AHD EXPERT
TESTIMONY THAT THE ACCUSED IS GUILTY BEYOND REASONABLE DOUBT.
JUDGE:PRECIOUS
DEFENSE, YOUR OPENING STATEMENT
DEFENSE, LAWYER: KENNETH
YOUR HONOR THE DEFENSE WILL DEMONSTRATE THAT MY CLIENT MR. KING PASCUAL DID NOT
COMMIIT THE CRIME, THAT THERE IS NO SUFFICIENT EVIDENCE TO SUPPORT THE CHARGES. WE
WILL SHOW HOW THAT THE PROSECUTION'S CLAIMS ARE ON SPECULATION AND LACK OF
CREDIBLE PROOF.
PRESENTATION OF EVIDENCE:
JUDGE: PRECIOUS
PROSECUTION CALL YOUR FIRST WITNESS
PROSECUTION LAWYER: FRINCE
YOUR HONOR, I CALL MR. BALAUAG TO THE STAND
CLERK OF COURT: JERICO A.
WOULD YOU PLEASE STATE YOUR NAME
COMPLAINANT: BALAUAG
GERALDINE BALAUAG
CLERK OF COURT: JERICO A.
PUT YOUR RIGHT HAND ON THE TOP OF THE HOLY BOOK. DO YOU SWEAR THAT THE EVIDENCE
THAT YOU ARE ABOUT TO GIVE IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE
TRUTH SO HELP ME GOD?
COMPLAINANT: BALAUAG
YES YOUR HONOR
CLERK OF COURT:JERICO A.
PLEASE BE SEATED
PROSECUTION LAWYER: FRINCE
MR. BALAUAG, CAN YOU DESCRIBE HOW YOU DISCOVER THE KILLING?
COMPLAINANT: JAYMARK
ON THE DAY OF DECEMBER 10 2024 I SAW MY FRIEND DEAD IN FRONT OF THEIR HOUSE AND I SAW
MR. PASCUAL RUNING FROM THE CRIME SCENE.
PROSECUTION LAWYER: FRINCE
DO YOU HAVE PROOF OF THIS CASE?
COMPLAINANT: BALAUAG
YES YOUR HONOR
DEFENSE LAWYER: KENNETH
YOUR HONOR, I WOULD LIKE TO CROSS EXAMINE THE WITNESS.
JUDGE: PRECIOUS
GRANTED, YOU MAY PROCEED
DEFENSE LAWYER: KENNETH
MR BALAUAG , IS IT POSSIBLE THAT YOU FALSELY RECOGNICE MR. KING PASCUAL
COMPLAINANT: BALAUAG
I AM CERTAINLY SURE WHAT I SAW ATTY.
DEFENSE LAWYER: KENNETH
THAT WOULD BE ALL YOUR HONOR
JUDGE: PRECIOUS
MR. BALAUAG YOU MAY STEP DOWN
PROSECUTION LAWYER: FRINCE
YOUR HONOR, THE PROSECUTION WILL NOW CALL PULIS 2LT. JOMHEL GALANG A FORENSIC
BALLISTIC EXAMINER TO THE STAND AS A EXPERT WITNESS IN THIS CASE
CLERK OF COURT: JERICO A.
Good morning, Dr. Jomhel. Can you please introduce yourself to the court?
EXPERT WITNES: GALANG
Good morning, Your Honor, members of the jury. My name is PULIS 2LT. JOMHEL GALANG, and I have been a
firearms and ballistic expert for over 15 years. I hold a PhD in forensic science, and I have worked extensively with
law enforcement agencies in analyzing ballistic evidence, including bullets, cartridge cases, and gunshot residue.
CLERK OF COURT : JERICO A.
PUT YOUR RIGHT HAND ON THE TOP OF THE HOLY BOOK. DO YOU SOLEMNLY SWEAR OR AFFIRM
THAT THE TESTIMONY THAT YOU GIVE IN THIS CASE WILL BE THE TRUTH, THE WHOLE TRUTH,
AND NOTHING BUT THE TRUTH SO HELP YOU GOD?
EXPERT WITNES: JOMHEL
YES YOUR HONOR
CLERK OF COURT: JERICO A.
YOU MAY BE SEATED
PROSECUTION LAWYER: FRINCE
CAN YOU CONFIRM WHETHER THE BULLET AND CARTRIDGE MARKINGS IS THE SAME WITH THE
RECOVERED EVIDENCE ?
EXPERT WITNESS: (JOMHEL)
YES YOUR HONOR. AFTER THOROUGH ANALYSIS, I CONCLUDED THAT THE EVIDENCE IS THE
SAME….
PROSECUTION LAWYER: FRINCE
WILL YOU ELABORATE IT FURTHER?
EXPERT WITNESS: GALANG
YES YOUR HONOR.
(FURTHER IMPROMPTU DIALOGUE FOLLOWS)
DEFENCE LAWYER: KENNETH
YOUR HONOR, I WOULD LIKE TO CROSS EXAMINE THE WITNESS ON THE STAND.
JUDGE: PRECIOUS
GRANTED, YOU MAY PROCEED
DEFENCE LAWYER: KENNETH
WHAT IS YOUR EDUCATIONAL BACKGROUND AND TRAINING IN FORENSIC BALLISTIC
EXAMINATION?
EXPERT WITNESS:
I AM A GRADUATE OF BACHELOR’S OF SCIENCE IN CRIMINOLOGY AT UNIVERSITY OF LA SALETTE,
BATCH 2002 YOUR HONOR……
DEFENCE LAWYER: KENNETH
HOW MANY YEARS OF EXPERIENCE DO YOU HAVE ?
EXPERT WITNESS:
I HAVE BEEN A BALISTICIAN EXAMINER FOR 20YRS NOW, AND CURRENTLY A CHIEF
INVESTIGATOR IN THE NBI YOUR HONOR. ……
DEFENCE LAWYER: KENNETH
HAVE YOU PREVIOUSLY BEEN RECOGNIZED AS AN EXPERT WITNESS IN SIMILAR CASES?
EXPERT WITNESS: GALANG
YES YOUR HONOR, IN MY YEARS OF EXPERIENCE I HAVE HANDLE SUCH CASE YOUR HONOR.
DEFENCE LAWYER: KENNETH
THAT WOULD BE ALL YOUR HONOR.
JUDGE: PRECIOUS
MR. GALANG YOU MAY STEP DOWN
JUDGE: PRECIOUS
DEFENSE, CALL YOUR FIRST WITNESS
DEFENSE LAWYER: CASIL
YOUR HONOR, I CALL MS. PASCUAL TO THE STAND.
CLERK OF COURT: JERICO A.
WOULD YOU PLEASE STATE YOUR NAME
ACCUSED: KING
KING PAYLORD PASCUAL
CLERK OF COURT: JERICO A.
PUT YOUR RIGHT HAND ON THE TOP OF THE HOLY BOOK. DO YOU SWEAR THAT THE EVIDENCE
THAT YOU ARE ABOUT TO GIVE IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE
TRUTH SO HELP YOU GOD?
ACCUSED: KING
YES YOU HONOR
CLERK OF COURT: JERICO A.
YOU MAY BE SEATED
DEFENSE LAWYER: CASIL
MS. PASCUAL, DID YOU KILL SOMEONE?
ACCUSED: KING
NO YOUR HONOR.
PROSECUTION LAWYER: FRINCE
YOUR HONOR, I REQUEST TO CROSS EXAMINE THE ACCUSED
JUDGE: PRECIOUS
GRANTED, YOU MAY PROCEED
PROSECUTION LAWYER: FRINCE
MR. PASCUAL WERE ARE YOU AT THE TIME OF THE COMMISION OF THE CRIME?
ACCUSED: KING
I AM JUST SLEEPING YOUR HONOR
PROSECUTION LAWYER: FRINCE
IF THAT SO, WHY DOES THE THOROUGH ANALYSATION OF OUR EXPERT WITNES PROVES THAT
THERE ARE EVIDENCE AGAINTS YOU?
ACCUSED: KING
NO IDEA REGARDING THAT YOUR HONOR
PROSECUTION LAWYER: FRINCE
THAT WOULD BE ALL YOUR HONOR
JUDGE: PRECIOUS
MR. KING YOU MAY STEP DOWN
DEFENSE LAWYER: KENNETH
YOUR HONOR I CALL MR. CALANOC TO THE STAND
CLERK OF COURT: JERICO A.
PLEASE STATE YOUR NAME AND OCCUPATION FOR THE RECORD.
WITNESS: CALANOC
MY NAME IS DOCTOR JOHN WAYNE CALANOC, AND I AM A BALLISTIC EXPERT.
CLERK OF COURT:JERICO A.
PUT YOUR RIGHT HAND ON THE TOP OF THE HOLY BOOK. DO YOU SWEAR THAT THE EVIDENCE
THAT YOU ARE ABOUT TO GIVE IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE
TRUTH SO HELP YOU GOD?
WITNESS: CALANOC
YES, YOUR HONOR
CLERK OF COURT: JERICO A.
PLEASE BE SEATED
DEFENSE LAWYER: KENNETH
CAN YOU PRESENT THE CREDIBILITY AS A EXPERT WITHNESS?
WITNESS: CALANOC
YES YOUR HONOR. I hold a Degree in Forensic Science from University of the Philippines Diliman, with a
specialization in ballistics and firearms examination. Additionally, I have completed advanced training at the
National Forensic Science Training Institute in forensic firearm analysis and ballistic identification.
I am certified in forensic firearms and toolmark analysis by the Association of Firearm and Toolmark Examiners
(AFTE).
I have over 10 years of experience working as a forensic ballistic expert, with hands-on involvement in analyzing
ballistics evidence from thousands of firearms-related incidents. This includes everything from shooting incidents,
homicides, to firearms trafficking cases.
I have worked with law enforcement agencies, and forensic laboratories, applying my expertise to identify weapons,
match fired projectiles to specific firearms, and assist in reconstructing shooting incidents.
DEFENSE LAWYER: KENNETH
CAN YOU DESCRIBE THE BULLET AND CARTRIDGE?
WITNESS: CALANOC
Upon conducting my analysis, I found that the fired cartridge cases and bullets recovered from the scene does not
match on the firearm identified as the Glock 19 recovered from the defendant's home. The tool marks on the
cartridge cases, including the firing pin impressions and breech face markings is far different from the evidence that
was presented.
DEFENSE LAWYER: KENNETH
DID THE MARKINGS OF BULLETS AND CARTRIDGE CASE IS THE SAME?
WITNESS: CALANOC
NO, YOUR HONOR. The markings on bullets and cartridge cases are not the same. Each bullets and cartridge cases
has different marks due to their unique functions and interactions with the firearm.
PROSECUTION LAWYER: FRINCE
PERMISSION TO CROSS-EXAMINE, YOUR HONOR?
ASK BASIC QUESTION?
JUDGE: PRECIOUS
GRANTED, YOU MAY PROCEED
PROSECUTION LAWYER : FRINCE
MR. CALANOC CAN YOU IDENTIFY THE CALIBER?
WITNESS: CALANOC
YES YOUR HONOR. WHEN I ALREADY CONDUCTED MY ANALYSIS THE CALIBER THAT WAS FOUND
ON THE CRIME SCENE IS A GLOCK 19 GEN 5 9 MM.
PROSECUTION LAWYER: FRINCE
IS IT POSSIBLE THAT A 45 CALIBER CAN BE USED IN 9MM ?
WITNESS: CALANOC
NO YOUR HONOR, a .45 caliber round cannot be used in a 9mm firearm. They are incompatible due to
differences in several key characteristics, such as size, diameter, and design. Here's why:
1. Caliber and Diameter Differences
.45 Caliber: The .45 ACP (Automatic Colt Pistol) round has a bullet diameter of 0.451 inches (11.5
mm). It is a larger, more powerful round designed for use in handguns like the M1911 and other firearms
chambered for .45 ACP.
9mm: The 9mm Luger (also known as 9x19mm Parabellum) round has a bullet diameter of 0.355
inches (9mm). It is a smaller caliber designed for high-capacity handguns like the Glock 17 or Beretta 92.
PROSECUTION ATTORNEY:
NO FURTHER QUESTIONS, YOUR HONOR.
JUDGE: PRECIOUS
MR. CALANOC YOU MAY STEP DOWN
CLOSING ARGUMENTS:
JUDGE: PRECIOUS
PROSECUTION, YOU MAY PRESENT YOUR CLOSING ARGUMENT.
PROSECUTION LAWYER: FRINCE
YOUR HONOR, THE EVIDENCE CLEARLY SHOWS THAT THE ACCUSED INTENTIONALLY KILLED
THE VICTIM. THE TESTIMONY OF THE BALLISTICIAN EXAMINER CONFIRMS THIS. WE ASK FOR A
CONVICTION BASED ON THE FACTS PRESENTED.
JUDGE: PRECIOUS
DEFENSE, YOU MAY PRESENT YOUR CLOSING ARGUMENT
DEFENSE LAWYER: KENNETH
YOUR HONOR, THE PROSECUTION HAS FAILED TO PROVIDE CONCLUSIVE EVIDENCE LINKING MY
CLIENT TO THE MURDER CASE AND AS SUCH, MY CLIENT MUST BE ACQUITTED
VERDICT:
JUDGE:
THE COURT WILL NOW DELIBERATE. PLEASE REMAIN SEATED
JUDGE: PRECIOUS
BASED ON THE EVIDENCE AND TESTIMONIES PRESENTED, PEOPLE OF THE PHILIPPINES VS. MR
PASCUAL , THE COURT FINDS THE ACCUSED IS GUILTY BEYOND THE REASONABLE DOUBT ON
THE CHARGES OF MURDER CONTRATRY TO ART. 248 OT THE RPC.
CLERK OF COURT: JERICO A.
ALL RISE
