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Attempted Parricide
People of the Philippines vs. Christian Saldivar

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Judge : Engr. Joemary Baylon Peol


Prosecution Counsel : Pros. Tiara Santos
Prosecution Witness : Shei Yutuc (Complainant)
Defense Counsel : Atty. Karlvin D. De Cardo
Accused : Christian Saldivar
Clerk of Court : Vince Bermudez
Interpreter : Chico Rafael
Court Stenographer : Laurence Esteban
2nd Witness : Emman Yutuc

Setting 1
ARRAIGNMENT
October 18,
2017

All Rise.
The Court is now in session, silence is hereby enjoined. Hon. Joemary
Baylon Peol, Presiding
PRAYER: Almighty God, we stand in your Holy Presence as our
Supreme Judge. We humbly beseech You bless and inspire us so that
Clerk of Court 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 for the fulfillment of Your
greater glory. AMEN.
(Stamp gavel) Sit
Judge
Call the case.
Crim. Case No. 101010
Clerk of Court People of the Philippines vs. Christian Saldivar
For Attempted Parricide under Art. 246 of the RPC for ARRAIGNMENT
Judge Appearances?
Prosecution Counsel For the Government, Your Honor, ready
Defense Counsel For the defense, ready, Your Honor.
Judge Is the accused present? Ready for arraignment?
Prosecution Counsel Yes, Your Honor, ready.
Judge Okay, arraign the accused.
Sheriff (Assisting the accused to the witness stand)
Clerk of Court What language/dialect do you understand?
Accused English
Please raise your right hand
(Read the information)
Clerk of Court
(After reading, ask the accused if the understood)
Ask for the plea of the accused
Accused NOT GUILTY
Your Honor, after having arraigned, the accused pleaded NOT GUILTY
Clerk of Court
to the crime charged.
Order
Set the Preliminary Conference to October 25, 2017 at 9 o clock in
Judge the
morning.

So ORDERED.
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Setting 2
PRELIMINARY CONFERENCE
October 25,
2017

REPUBLIC OF THE PHILIPPINES


FIRST JUDICIAL REGION
REGIONAL TRIAL COURT
BRANCH 85
Quezon City, Metro Manila

THE PEOPLE OF THE PHILIPPINES CRIMINAL CASE NO.101010


Plaintiff,
-versus- FOR: ATTEMPTED PARRICIDE
CHRISTIAN SALDIVAR in relation to R.A. 9262
Address: Brgy. Laging Handa,
Quezon City, Metro Manila
Accused,
X-------------------------------------X

PRELIMINARY
CONFERENCE
October 25,
2017

For the PROSECUTION For the DEFENSE


Shei Yutuc and Christian Saldivar
The People of the Philippines

Assisted by: Assisted by:


Pros. Tiara Santos Atty. Karlvin D. De Cardo

Good Morning Fiscal Tiara Santos and Atty. Karlvin D. De Cardo are
Clerk of court we ready for the preliminary conference?
Prosecution counsel the
Yes,preliminary conference?
we are ready.
Defense counsel Ready, Maam.
Clerk of court What is your documentary evidence, Fiscal?
The prosecution would like to present as documentary and object
evidence the following:
1. Exhibit A and A-1 the sworn statement of the complainant
SHEI YUTUC consisting of two pages and its purpose to prove
the material allegations in the information.
2. Exhibit A-2 the signature of SHEI YUTUC.
3. Exhibit B and B-1 the sworn statement of EMMAN YUTUC
and its purpose to corroborate the allegations of the witness
SHEI YUTUC.
Prosecution counsel 4. Exhibit B-2 - the signature of Emman Yutuc
5. Exhibit C and C-1 the Medical Certificate date September
25, 2017.
6. Exhibit D the contract of marriage between Christian Saldivar
and Shei Yutuc to prove that they are legally married.
7. Exhibit E Bolo (object evidence) to prove that this is the
instrument used in the attempt of killing the victim. As part of
the testimony of Shei Yutuc, to prove that the accused had the
intent of killing the former.

Clerk of court Any objection from the defense counsel?


Defense counsel As to the purpose of markings only, Maam.
Clerk of court How about for the documentary evidence of the defense?
For the accused, we reserve our evidences during the pre-trial
Defense counsel conference, if there is any.
Clerk of court Any objection from prosecution counsel?
Prosecution counsel No objection for the meantime, Maam.
Clerk of court Okay. How about your witnesses?
As to our witness, we have the private offended party by name of
Prosecution counsel
Shei Yutuc.
For the defense, we would like to present the accused Christian
Defense counsel
Saldivar.
Clerk of court Is there possibility of settlement, counsels?
Prosecution counsel Very remote.
Defense counsel Not possible.
Clerk of court Stipulation of facts.
The jurisdiction of the Court is admitted.
The victim and the accused are legally married with two legitimate
Prosecution counsel
children is admitted.
The victim is a battered woman is disputed.
The victims injury due to hacking is not admitted.
Defense counsel Identity of the accused is admitted.
The weapon used is a bolo is not admitted.
Clerk of court Any more or other matters?
Defense counsel As for now, we have no more things to discuss.
Same here, we reserve to have additional witnesses and evidence
Prosecution counsel during the pre-trial conference, if there is any.
Clerk of court Okay counsels, when will be the pre-trial conference?
Prosecution counsel On Nov. 1, 2017.
Defense counsel Okay, I am also available on that date.
Okay, Nov. 1, 2017 is the pre-trial conference. Thank you, counsels.
Clerk of court
Have a good day.
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Setting 3
PRE-TRIAL CONFERENCE
Nov. 1, 2017

All rise.
The court is now in session, silence is hereby enjoined, Hon.
Clerk of court Joemary Baylon Peol, Presiding.
- - - PRAYER - - - -
(Stamp gavel) Sit
Judge
Call the case.
Crim. Case No. 101010
People of the Philippines versus Christian Saldivar For ATTEMPTED
Clerk of court
PARRICIDE in relation to R.A. 9262 for PRE-TRIAL CONFERENCE

Judge Appearances?
Prosecution counsel For the Government, Your Honor, ready.
Defense counsel For the defense, ready, Your Honor.
Your Honor, may we pray that the Minutes of the Preliminary
Prosecution counsel Conference be adopted as part of the Pre-Trial Conference?
Judge Any objection, counsel?
No objection, Your Honor. We conformed to the manifestation of the
Defense counsel
Prosecutor, Your Honor.
Order
In todays Pre-Trial Conference, both the prosecution and the defense
Judge
agreed to adopt the minutes taken during the preliminary conference
on Nov. 8, 2017.
Set this case for trial on Nov. 8, 2017 .
SO ORDERED.
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Setting 4 (TRIAL PROPER)
1st WITNESS FOR THE PROSECUTION
Nov. 8, 2017
SHEI YUTC

All Rise. Let us remain standing and join in praying for prayer
PRAYER: Almighty God, we stand in your presence as our supreme
judge, we humbly beset you to bless and inspire us so that what we
think, say and do will in accordance with your will. Enlighten our minds,
strengthen our spirit and fill our hearts with fraternal love, justice and
Clerk of Court
peace in our proceedings today, guide us in the path of righteousness
for Your fulfillment of Your greater glory.

WITNESS, the Honorable Judge Joemary Baylon Peol, Presiding.


Silence is hereby enjoined.
(Stamp gavel) Sit
Judge Call the case.
Crim. Case No. 101010
People of the Philippines versus Christian Saldivar for ATTEMPTED
Clerk of Court
PARRICIDE for the presentation of evidence by the Prosecution.

Judge Appearances?
Entering my appearance for the State, your Honor. We are ready to
Prosecution Counsel present our witness, SHEI YUTUC.
Defense Counsel Entering my appearance as counsel for the accused, your Honor.
Judge Okay, present your witness
Prosecution counsel I am presenting to the witness stand the witness, your Honor.
Judge Swear the witness.
Raise your right hand. Do you swear to tell the truth, the whole truth
Interpreter and nothing but the truth?
Witness (Complainant) I do.
Interpreter Please state your name and other personal circumstances.
(The witness will state demographic variables and other personal
Witness (Complainant) circumstances)
Interpreter The witness is now ready, your Honor.
Judge Prosecution counsel, your witness is now ready.
With the kind permission of the Honorable Court, we are offering the
testimony of this witness Your Honor to prove the material allegation
in the criminal information and the same person is the private offended
Prosecution counsel party in this case that she knows the accused because they are husband
and wife; to identify the perpetrator and likewise to identify some
documents namely affidavit she executed in relation to this case and
to testify on other matters relative thereto, Your Honor.
Judge Any comment defense counsel to the offer?
Defense counsel We reserve our right to conduct cross-examination, Your Honor.
Judge You may now proceed.
You said in narration of your personal circumstance that your name is
Prosecution counsel Shei Yutuc?
Witness (Complainant) Yes, maam. I am the same person.
Madam witness, do you know a person by the name of Christian
Prosecution counsel Saldivar.
Witness (Complainant) Yes, Maam.
Prosecution counsel Do you know the accused in this case?
Witness (Complainant) Yes, Maam
Prosecution counsel Would you be able to recognize this person if you will see him again?
Witness (Complainant) Yes, Maam.
Prosecution counsel Is the accused you are referring to found inside this courtroom?
Witness (Complainant) Yes, Maam.
Prosecution counsel Can you please point to the person whom you are referring to?
Witness (Complainant) Its him. (pointing to the accused)
We would like to manifest on the record that the witness has pointed
Prosecution counsel
a person sitting at the defense table.
Judge A man wearing a Prisoners clothes, who answers by the name of?
Witness (Accused) Christian Saldivar
Prosecution counsel Why do you know the said accused?
Witness (Complainant) Because the accused is my husband.
Prosecution counsel Do you have any proof that youre indeed husband and wife?
Witness (Complainant) Yes, Maam
Prosecution counsel What is your proof that both of you are legally married?
Witness (Complainant) Our marriage certificate, Maam.
Now, part of this case is a certificate of marriage between the
accused and the complainant.
Prosecution counsel Showing to you this marriage certificate, will you kindly tell this
honorable court if this is the same marriage certificate you are
referring to that proves your relationship to the accused?
Witness (Complainant) Yes, Maam. This is the proof of our relationship as husband and wife.
May I request the prosecution to admit the genuineness of the said
Prosecution counsel
document.
Defense counsel Yes. We admit.
Your Honor, this marriage certificate was previously marked during
Prosecution counsel the preliminary conference as Exh. C. May we pray that the same
marking be adopted, Your Honor.
Judge Mark it accordingly.
Now, Mrs. Witness, can you recall having executed an affidavit in
Prosecution counsel
relation to this case.
Witness (Complainant) Yes, Maam.
Showing to you is an affidavit which is part of the records of this case.
Prosecution counsel Will you kindly tell this honorable court if this is the same affidavit
that you executed in relation to this case.
Witness (Complainant) Yes, Maam.
Now in this affidavit, on the second page, there is a printed name and
Prosecution counsel above that printed name is a signature.
Will you kindly tell this honorable court whose signature is this?
Witness (Complainant) That is my signature, Maam.
Your honor, I would like to manifest that this affidavit was previously
marked during the preliminary evidence as Exh. A and page 2 as
Exh. A-1. I am adopting the said marking your honor as the same
exhibit.
Prosecution counsel
May I likewise pray your honor that the printed name and the signature
appearing above the printed name which was duly identified
by this witness as her signature be bracketed and marked as Exh. A-
2.
Judge Mark it accordingly.
Now Madame witness, you have alleged that your husband hacked
Prosecution counsel
you.
Witness (Complainant) Yes, Sir.
Prosecution counsel When did this happen?
Witness (Complainant) It happened on September 23, 2017.
You mentioned that the incident happened on September 23, 2017,
Prosecution counsel what is the time when you said that you were hacked by your husband
Madame witness?
Witness (Complainant) At around 10 o clock in the evening
Can you recall Madame witness where were you sometime in
Prosecution counsel September 23, 2017 at around 10 oclock in the evening?
Witness (Complainant) Yes, Maam
Prosecution counsel And where were you in particular when did the incident took place?
Witness (Complainant) I was in my house with my children getting ready to sleep.
Prosecution counsel What happened next?
I heard my husband shouting at me. He was outside the house trying
Witness (Complainant)
to open the gate.
Prosecution counsel What did you do, if any?
Witness (Complainant) I stood up and opened the door.
Any untoward incident that occurred when you opened the door for
Prosecution counsel
him?
I was shocked and surprised when he came running towards me and
Witness (Complainant) hacked me with his bolo which fortunately, I evaded his strike and
only my chin got injured by the tip of his bolo.
Prosecution counsel Prior to that hacking incident, what else had you observed?
After opening the door, I saw my husband carrying a bolo and was
Witness (Complainant)
running towards me.
Prosecution counsel What else?
Witness (Complainant) His stance was in striking position.
Prosecution counsel If the bolo will be shown to you, will you be able to identify it?
Witness (Complainant) Yes, Maam.
I am showing to you a bolo, is this the instrument you are referring to
Prosecution counsel
which your husband used in hacking you?
Witness (Complainant) Yes, Maam. This is the one.
May we pray Your Honor that this object evidence be marked as Exh.
Prosecution E as previously marked during the preliminary conference.
Judge Mark it accordingly.
You said you were injured. Did you secure a medical certificate in
Prosecution counsel
relation to that incident?
Witness (Complainant) Yes, Maam.
Part of the records of this case is a medical certificate issued in your
Prosecution counsel favor, will you kindly go over this and tell the honorable court if this is
the same medical certificate issued in your favor.
Yes, Maam. This is the same medical certificate issued to me right
Witness (Complainant)
after the incident.
May I manifest your honor that this medical certificate was marked
Prosecution counsel during preliminary conference as Exh. C. May we pray that the
same marking be adopted.
Judge Mark it accordingly.
Now after you were hit at your chin by the tip of his bolo what did
Prosecution counsel you do?
What happened next?
I rolled down on the ground. I ran with fear trying to escape from my
Witness (Complainant) husbands evil intent.
Prosecution counsel What transpired next?
Witness (Complainant) I went to the barangay captains house to seek protection.
Prosecution counsel Then?
My brother arrived upon knowing of the incident and asked me if I
Witness (Complainant) am willing to file a case against my husband
willing to file
Madame a caseinagainst
witness, mytohusband.
relation this case, do you remember having
Prosecution counsel executed or give your statement to any authority regarding this
matter?
Witness (Complainant) Yes, Maam.
Prosecution counsel That would be all, Your Honor.
CROSS-EXAMINATION BY DEFENSE COUNSEL
Judge Cross-examination by the defense?
Defense counsel Just a few questions, Your Honor.
Judge Subject to cross. Proceed.
With the kind permission of this honorable court.
Defense counsel How many times did your husband physically harm you.
I cant barely count how many times he beat me. But a lot of times
Witness (Complainant)
since we got married.
Can you recall when was the first time your husband did physically
Defense counsel
harm you?
Witness (Complainant) I cannot recall when was the first time, Sir.
Defense counsel How were you physically harmed by your husband?
Witness (Complainant) By slapping me in the face.
You said here that it caused you physical, psychological and
Defense counsel
emotional abuses. Is it correct?
Witness (Complainant) Yes, Sir.
Now, can you tell us how did your husband physically, psychologically
Defense counsel
and emotionally abuse you?
Witness (Complainant) Shouting and insulting me.
Did you consult any psychiatrist to prove that you are psychologically
Defense counsel
and emotionally abused?
Witness (Complainant) I have not, Sir.
On September 23, 2017 can you recall how were you physically
Defense counsel harmed by your husband?
Iyour
washusband?
struck by my husband with the use of his bolo and hit me in my
Witness (Complainant)
chin.
You said that you were harmed by your husband several times. Did
Defense counsel you report any of those physical harm to the police and have it
blottered prior to the filing of this case.
Witness (Complainant) No. I have not, Sir.
Defense Counsel No more further questions, Your Honor.
Judge Re-direct from prosecution?
Prosecution No. That would be all, Your Honor.
Judge Any more witness for the prosecution counsel?
Your Honor, I have no more witness to present. I would like to make
Prosecution counsel now our formal offer of evidence.
Judge Granted. You may now formally offer your evidence now.
Thank you, Your Honor.
Your Honor, I respectfully offer our evidence as follows:

1. Exhibit A and A-1 the sworn statement of the complainant


SHEI YUTUC consisting of two pages and its purpose to prove
the material allegations in the information.
2. Exhibit A-2 the signature of SHEI YUTUC.
3. Exhibit B and B-1 the sworn statement of EMMAN YUTUC
and its purpose to corroborate the allegations of the witness
SHEI YUTUC.
4. Exhibit B-2 - the signature of EMMAN YUTUC
Prosecution counsel
5. Exhibit C and C-1 the Medical Certificate date September
25, 2017.
6. Exhibit D the contract of marriage between Christian
Saldivar and Shei Yutuc to prove that they are legally
married.
7. Exhibit E Bolo (object evidence) to prove that this is the
instrument used in the attempt of killing the victim. As part of
the testimony of Shei Yutuc, to prove that the accused had the
intent of killing the former.

With all the foregoing documentary exhibits in addition to the oral


testimonies of Shei Yutuc, the prosecution hereby respectfully
rests their case.

Respectfully submitted.
Judge Any objection from the defense?
Exhibit A and A-1, the sworn statement of the complainant is
objected for being self serving, Your honor.
Defense Counsel Exhibit C, the medical certificate is objected because the doctor
who issued the medical certificate was not put to witness stand.
As to other exhibits, no objection, Your Honor.
ORDER
The Prosecution counsel manifested that it has no more witness to
present. The prosecution counsel offered the Exhibits A to E and sub-
Judge
markings. Such exhibits are admitted as prosecutions evidence
considering that these exhibits are not disqualified under the rules of
evidence.
Defense counsel, Are you ready to present your witness this
Judge afternoon?
We are not presenting any witnesses, Your Honor; we will submit the
Defense counsel same for judgment of this honorable court.
We, therefore, respectfully rest our case.
Granted.

Considering the manifestation of both counsels, let this case deemed


submitted for decision.
Judge
The parties are given thirty (30) days from today to submit their
respective memoranda to be filed simultaneously.

SO ORDERED.

Setting 5
PROMULGATION OF JUDGMENT
December 9, 2017

All Rise
Clerk of Court PRAYER
Judge Call the case.
Crim. Case No. 101010
People of the Philippines versus Christian Saldivar For ATTEMPTED
Clerk of Court
PARRICIDE in relation to R.A. 9262 for PROMULGATION OF JUDGMENT.

Judge Appearance?
Prosecution counsel For the Government, Your Honor, we are ready.
Defense counsel For the defense, ready, Your Honor.
Judge Is the accused present?
Clerk of Court He is present, Your Honor.
Judge Read the decision.
Defense counsel May we pray, Your Honor, that only the decretal portion of the
decision will be read.
Judge Okay. Read only the WHEREFORE clause.
Wherefore, premises considered, this court finds the accused
CHRISTIAN SALDIVAR, guilty beyond reasonable doubt. He is hereby
sentenced to suffer under the indeterminate sentence law the penalty
of imprisonment of 2 years and 4 months and 1 day of prison
Clerk of Court correctional as minimum to 8 years and 10 months of prison mayor
medium and maximum. The said accused is likewise directed to
indemnify the complainant the amount of P 15, 000 and as moral
damages to pay the complainant in the amount of P 50, 000 and
exemplary damages in the amount of P 25, 000. The number of days
that said accused is under preventive detention shall be credited in
his favor.

DEFENSE EVIDENCE

The defense did not present any evidence to prove their defense. The accused waive his right
against self - incrimination.

On December 02, 2017, the prosecution orally offered their documentary and
testimonial evidence. Exhibit A and its sub markings, Exhibit B and C are admitted as
prosecutions documentary evidence.