ARRAIGNMENT

JUDGE : JO-AN C. PABLO

CLERK OF COURT :
COURT INTERPRETER :
COURT STENOGRAPHER :
PUBLIC PROSECUTOR : ATTY. IVAN SANDOVAL
DEFENSE COUNSEL : ATTY. PAUL RONALD
DAGDAGAN
ACCUSED : NOEL ALARCON

PRE-TRIAL CONFERENCE

JUDGE: JO-AN C. PABLO

CLERK OF COURT:
COURT INTERPRETER:
COURT STENOGRAPHER:
PUBLIC PROSECUTORS:
1. Atty. Kenneth de Guzman
2. Atty. Joselito Pascua
DEFENSE COUNSELS:
1. Atty. Noel Alarcon
2. Atty. Kristian Villanueva

CRIMINAL CASE NO. 2017-111123

PEOPLE OF THE PHILIPPINES V. NOEL CRUZ ALARCON

Clerk of Court: All rise! The Court is now in session, silence is hereby
enjoined. Honorable Judge JO-AN C. PABLO, presiding. Let’s pray.

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 Your greater glory.
Amen.

Judge: Court is now in session. (stamp gavel) Call the cases.

ARRAIGNMENT

Clerk of Court: For arraignment, Criminal Case No. 2017-111123

People of the Philippines v. Noel Cruz Alarcon for violation of Section
11, Article II of Republic Act 9165, Possession of Dangerous Drugs.

Clerk of Court: Appearance for Prosecution and the Defense.

Ivan: Your honor, I am Atty. Ivan Sandoval, appearing as a public

prosecutor.
Paul: Your honor, I am Atty. Paul Ronald Dagdagan, defense counsel
for the accused.

Judge: Is the accused around?

Court Interpreter: Yes your honor. Please approach the bench.

Judge: Arraign the accused.

Clerk of Court: What language/dialect do you understand?

Accused: English

Accused: Yes, I do.

Court Interpreter: Criminal case No. 2017-111123. People of the

Philippines vs. Noel Cruz Alarcon

Accused Noel Cruz Alarcon commits a crime for violation of Section

11, Article II of R.A. 9165, possession of Dangerous Drugs.

That on 14th May of 2017, in the City of Manila, Philippines, and within
the jurisdiction of this Honorable Court, the accused, without authority
of law, did then and there willfully, unlawfully and feloniously have in
possession, custody and control Methamphetamine Hydrochloride
(Shabu) weighing 3.0 grams, knowing that same to be dangerous drug
under the provisions of the above-cited law.

Contrary to law.

Judge: Do you understand the crime charged against you?

Accused: Yes, your honor.

Court Interpreter: What is your plea?

Accused: Not guilty, your honor.

Court Interpreter: The accused pleaded not guilty your honor.

Judge: Let it be on the record that the accused pleaded not guilty for
the crime of possession of Dangerous Drugs, pursuant to Section 11,
Article II of R.A. 9165. The information was read to him in English, a
language known and understood by the accused. Also, Atty. Paul
Ronald Dagdagan, the defense counsel of the accused assisted him in
this arraignment.

Ivan: Your honor, we would like to set the case for pre-trial on July 27,
2017.

Judge: Are you amenable with the schedule defense counsel?

Paul: Yes your honor.

Judge: Ok set the pre-trial of the case on July 27, 2017. We only have
one case for today?
Court Stenographer: Yes, your honor.

Judge: In today’s trial, the arraignment of Noel Cruz Alarcon (accused)

in Criminal Case No. 2017-111123 is conducted. The information is
read to him in English a language known and understood by him.
Defense counsel Atty. Paul Ronald Dagdagan assisted the accused. The
accused pleaded not guilty for the crime charged against him.

No objections both for prosecution and defense, the case is set

for pre-trial on July 27, 2017. Notify the parties thereto. So ordered.

PRE-TRIAL CONFERENCE

Clerk of Court: Criminal Case No. 2017-111123 People of the

Philippines v. Noel Cruz Alarcon for violation of Section 11, Article II of
Republic Act 9165, Possession of Dangerous Drugs, for pre-trial
conference.

Judge: Appearances?

Kenneth: For the prosecution, Your Honor, representing the People of

the Philippines:

I am Atty. Joselito Pascua, Assistant City Prosecutor

I am Atty. Kenneth de Guzman, Assistant City Prosecutor and
we are ready.

Noel: Good afternoon Your Honor, for the defense, representing the
accused, I am (New name), defense counsel and
I am Atty. Kristian Villanueva, Your Honor, for the defense
and we are ready.

Judge: Are parties willing to agree to enter into a plea-bargaining?

Kenneth: Your Honor Please, the prosecution does not desire to enter
into plea-bargaining

Noel: Your Honor Please, the defense does not also desire to enter
plea bargaining.

Judge: Alright, mark your exhibits

Joselito: With the permission of this Honorable Court. Your Honor

Please, the prosecution will present the following documentary
evidence and mark as prosecution’s exhibits:

[marking]

Kenneth: The prosecution, Your Honor, reserves its right to introduce

submarkings to the pre-marked exhibits and present other
documentary evidence during the course of the trial, subject to further
directions and limitations that this Honorable Court may impose.
Judge: Alright, subject to the 3-day notice rule, otherwise the evidence
shall not be considered by this court. How about the defense? Mark
your exhibits.

Noel: With the permission of the Honorable Court. Your Honor Please,
the defense will present the following evidence and request that these
be marked as follows:

[marking]

Kristian: The defense, Your Honor, reserves its right to introduce

submarkings to the pre-marked exhibits and present other
documentary evidence during the course of the trial, subject to further
directions and limitations that this Honorable Court may impose

Judge: recognized, subject to the 3-day notice rule, otherwise the

evidence shall not be considered by the Court. Any admission?

Joselito: Yes Your Honor, the prosecution requests for the admission
by the defense of the jurisdiction of the Honorable Court and try this
case.

Noel: We admit, Your Honor.

Joselito: Second, the identity of the one charged in the information

and that of the person arraigned is one and the same.

Noel: We admit, Your Honor.

Joselito: Lastly, the date and place of the commission of the crime.

Noel: We admit your Honor.

Joselito: No further request for admission, Your Honor. Thank you.

Judge: Alright. Any objection from prosecution counsels?

Kristian: No objection for the meantime, Your Honor.

Judge: Okay.

Kristian: With the permission of the Honorable Court. Your Honor

Please, the defense requests for the admission by the prosecution of
the following exhibits already earlier pre-marked.

FIRST, CHEMISTRY REPORT NO. D-100-1, the genuineness and

due execution of the said PNP Crime Laboratory result issued by
the National Crime Laboratory, Camp Crame and the truth and
findings of facts therein stated to dispense with the necessity of
presenting expert testimony on the matter. The Crime
Laboratory result of the items confiscated from the accused is
pre-marked as Exh. ___ for the defense and we are showing the
prosecution and court a copy of it.

Kenneth: The prosecutor admits Your Honor.

Kristian: SECOND, we would like to request for the admission by the
prosecution of the Spot Report issued by the Police Chief Inspector
and the Chain of Custody Form pre-marked as Exhibits __ and ___, to
recognize the compliance of the PNP Operatives to the standard
protocol.

Kenneth: We admit, Your Honor.

Kristian: No further request for admission, Your Honor. Thank you.

Judge: So, what is the pleasure of the prosecution?

Kenneth: We submit, Your Honor.

Judge: Okay. So, what are the issues to be resolved?

Kenneth: Your Honor Please, the prosecution submits issued to be

resolved, whether the accused committed the offense charged in the
Information.

Judge: How about the defense?

Noel: Yes Your Honor, the defense submits the following issued to be
resolved:
1. Whether there was a valid arrest
2. Whether the PNP Operatives follow the standard protocol;
3. Whether the custody of alleged evidence allegedly confiscated
from the defendant was not tampered; and
4. Whether the defendant is guilty thereof.

Judge: Okay. How about the witnesses

Joselito: The prosecution will present 5 witnesses, Your Honor.

First, SPO2 Jake Zyrus, one of the Arresting Officer to prove
that a surveillance operation was conducted that led to the
arrest of the accused;
Second, PO1 Elmo Magallona, one of the Arresting Officer
who delivered the confiscated items to the PNP-NCLAB to
prove the compliance of the Chain of Custody;
Third, Kara David, a media practitioner to prove that the
arresting team conducted the surveillance operation,
arrest and proper processing of the suspect;
Fourth, Kagawad Anjo Yllana to prove that coordination
was made and the confiscated substance came to the
possession of the suspect; and
Fifth, Dra. Carolina Garcia, to testify that she conducted
the laboratory examination of the confiscated substance
and the final result thereof after undergoing laboratory
chemistry.

The prosecution reserves its right to present other

witnesses in the course of the trial, Your Honor.

Judge: Alright, how about the Defense, how many witnesses?

Kristian: Your Honor Please, the defense will also present 4 witnesses.

First, the accused himself, to prove that he was illegally

arrested and after through search of the PNP Operatives on
his person and found nothing illegal, they planted evidence
to him;
Second, Police Senior Inspector Ricardo Dalisay, the team
leader of the arresting team, to prove that there was no
surveillance and the arrest was only made;
Third, Nena Mendoza, accused’s neighbor, to collaborate
the testimony of other witnesses that the PNP Operatives
found nothing illegal in the person of the defendant and
that the alleged 3 grams of Shabu was planted; and
Fourth, Deputy P/Supt. Charlie Chaplin, PNP-DEA, to prove
that the chain of custody of the said alleged drugs taken in
the defendant possession did not follow the standard
protocol.

The accused, Your Honor reserves his right to present

other witnesses in the course of the trial.

Judge: Any other matters?

Noel: Your Honor, as for now, we have no more things to discuss.

Judge: Alright, are the parties willing to consider the pre-trial

terminated?

Both: Yes, Your Honor.

Judge: Order. In today’s Pre-Trial Conference, ___________________

appeared for the prosecutor, and ___________________________ appeared
for the accused.

POSSIBILITY OF AMICABLE SETTLEMENT

During the pre-trial, there was no agreement between the parties
as to the possibility of plea-bargaining of the case.

STIPULATION OF FACTS BETWEEN THE PARTIES

The complainant, through Public Prosecutors and the accused,

through his counsels stipulated on the following that:
1.
2.
3.
ISSUES TO BE TRIED OR RESOLVED

The prosecution would like the following issues to be resolved:

1. Whether or not
2.
3.

On the other hand, the defense would like the following issues to
be resolved:
 1. Whether or not
2.
3.

EXHIBITS MARKED AS DOCUMENTS

The prosecution marked the following exhibits:

1. Exhibit A –
2. Exhibit B -
3.

And the prosecutions reserve their right to mark other

documentary exhibits which are not yet available if the need arises.

The defense marked the following exhibits:

1. Exhibit 1
2. Exhibit 2

WITNESSES TO BE PRESENTED

The prosecution will present the following witnesses:

1)
2)
3)

The defense will present the following witnesses:

1) The defendant himself,
2) The defendant’s neighbor;

The defense counsels reserve the right to present other

witnesses not herein enumerated as deemed necessary.

The pre-trial of this case is hereby terminated. No objections both for

prosecution and defense, the case is set for trial on July 29, 2017.
Notify the parties thereto. So ordered.