PD 449 THE COCKFIGHTING LAW OF 1974 FACTS: On May 10, 2022, petitioner John Lloyd Ponce (Ponce) applied with the Municipal Gamefowl Commission for the issuance of a permit/license to establish and operate a cockpit in Sitio Butarag, Matue, in Gregorio del Pilar. At the time of his application, there was already another cockpit in operation Gregorio del Pilar, operated by respondent Silver John Valdez (Valdez), who was the duly franchised and licensed cockpit operator in the municipality since the 2010s. Valdez’s franchise, per records, was valid until 2024. The Municipal Gamefowl Commission favorably recommended to the mayor of Gregorio del Pilar, petitioner Reden Berganio (Berganio), that a permit be issued to Ponce. On January 01, 2023, Berganio issued a mayor's permit allowing Ponce "to establish/operate/conduct" the business of a cockpit in Sitio Butarag, Matue, Gregorio del Pilar, Ilocos Sur for the period from 01 January 2023 to 31 December 2023. This act of the mayor served as cause for Valdez to file a Complaint for damages with a prayer for injunction against Ponce and Berganio. Valdez alleged that there was no lawful basis for the establishment of a second cockpit. He claimed that Ponce conducted his cockpit fights not in Sitio Butarag, but in Alfonso, at a site less than five kilometers away from his own cockpit. He insisted that the unlawful operation of Ponce’s cockpit has caused injury to his own legitimate business, and demanded damages of at least Ten Thousand Pesos (P10,000.00) per month as actual damages, One Hundred Fifty Thousand Pesos (P150,000.00) as moral damages, and Fifty Thousand Pesos (P50,000.00) as exemplary damages. Valdez also prayed that the permit issued by Berganio in favor of Ponce be declared as null and void, and that a permanent writ of injunction be issued against Berganio preventing Ponce from conducting cockfights within the municipality and Berganio from issuing any authority for Ponce to pursue such activity. Group 4 (Mock Trial Script) CASE OF VIOLATION OF THE PD 449 “PEOPLE OF THE PHILIPPINES vs. John Lloyd Ponce’’ INTRODUCTION NARRATOR: Today, we will present our case “PEOPLE OF THE PHILIPPINES vs. John Lloyd Ponce: a violation under the Presidential Decree 449 also known as The Cockfighting Law of 1974. The group members will act according to their respective roles. CAST: Judge---------------------------------------------------- Jessa Mar Ventura Narrator & Clerk of Court --------------------------- Ma. Fe Solanche Duque Court Stenographer & Interpreter----------------- Robel Fernandez Prosecution Lawyer-------------------------------- Clarissa Valdez Complainant----------------------------------------- Silver John Valdez Prosecution Witness-------------------------------- Reden Berganio Defense Lawyer------------------------------------- Cyril Joy Ganado Accused----------------------------------------------- John Lloyd Ponce PEOPLE OF THE PHILIPPINES V. JOHN LLOYD PONCE CRIMINAL CASE NO. 042123 SETTING 1 SUBJECT FOR ARRAIGNMENT CLERK OF COURT: This honorable court of the Regional Trial Court Branch 20 with the Honorable Jessa Mar Ventura is now in session. All rise. 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 heart with fraternal love, wisdom and understanding, so that we can become effective channels of truth, justice and peace. In our proceeding today guide us in the path of righteousness for the fulfillment of your greater glory. Amen. JUDGE: (hit the gavel) Court is now in session. Call the cases. CLERK OF COURT: The criminal case No. 042123, entitled People of the Philippines Vs. John Lloyd Pone. For the violation of PD 449. JUDGE: Please make your appearances? PROSECUTION LAWYER: Your Honor, Atty. Clarissa Valdez, representing the People of the Philippines in this case. DEFENSE LAWYER: Your Honor, Atty. Cyril Joy Ganado, representing the accused in this case. JUDGE: Is the accused around? DEFENSE LAWYER: Yes, your Honor, he is present. JUDGE: How about the complainant? PROSECUTION LAWYER: Yes, your Honor, he is here. JUDGE: Alright, have the accused come before this court for the reading of the information. CLERK OF COURT: People of the Philippines vs John Lloyd Ponce Court Interpreter: The undersigned prosecution accuses Mr. John Lloyd Ponce of the violation under PD 449 committed as follows: The said accused conducts a cockpit fight at a site less than five kilometers away from Mr. Silver John Valdez’s cockpit. CLERK OF THE COURT: Mr. Ponce, do you understand the crime charged against you? ACCUSED: Yes, your Honor. CLERK OF COURT: What is your plea? ACCUSED: Not guilty, your honor. CLERK OF COURT: The accused pleaded not guilty, your Honor. JUDGE: Alright, Atty. bargaining? DEFENSE LAWYER: No, your honor. He is innocent to the crime charge. JUDGE: Let it be on the record that the accused pleaded not guilty to the offence charged. The information was read to him in English, a language understood by the accused and assisted by Atty. Ganado the defense council in this arraignment. Prosecution Lawyer: Your honor, we would like to set the case for trial on June 23, 2023. Judge: Are you amenable to the schedule defense council? Defense Council: Yes, your honor. Judge: Ok, set the trial of the case on June 23, 2023. We only have one case for today? Court Stenographer: Yes, your honor Judge: In today’s trial the arraignment in criminal case 042123 is conducted. The information is read to him in English a language understood by him. Defense council Atty Valdez and Atty Ganado assisted the accused. The accused pleaded not guilty for the crime charge against him. Ganado is your client interested in plea Are there any matters that we have to discuss now? If there is none, then we are adjourned. (Hit the gavel) Clerk of Court: All Rise. SETTING 2 PRELIMINARY CONFERENCE (MAY 10, 2023) NARRATOR: During the preliminary conference, the prosecutor presented evidence that will be used in order to solve the case. CLERK OF COURT: All rise. The RTC Branch 20 is now in session. The honorable judge Jessa Mar S. Ventura presiding. Silence is hereby adjoined. CLERK OF COURT: 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 heart with fraternal love, wisdom and understanding, so that we can become effective channels of truth, justice and peace. In our proceeding today guide us in the path of righteousness for the fulfillment of your greater glory. Amen. JUDGE: Now, proceed to the pieces of evidence to be presented by both parties. Prosecution Lawyer you may start. PROSECUTION LAWYER: I have here with me your honor the documentary evidences and object evidences which I marked as exhibit “A” to “D”, Your honor, may I present to you exhibit A which is the Sworn Statement of the complainant, Mr. Silver John Valdez. JUDGE: Marked it. PROSECUTION LAWYER: Your honor, for Exhibit B is the issued permit to operate of the complainant on January 01, 2010. JUDGE: Marked it. Prosecution Lawyer: Your honor, may I present to you exhibit C as witness of crime, sworn of affidavit of the complaint of plaintiff. Judge: Marked it. Prosecution Lawyer: Your honor, for exhibit D is the photographs depicting that Mr. John Lloyd Ponce on February 13, 2023 conducting a cockpit fight. Judge: Marked it. Defense Lawyer, do you have any objection to the evidences presented by the prosecution? Defense Lawyer: None, your honor. Judge: Alright. Any comments, council? Defense Lawyer: Your honor, we would like to reserve it for the cross examination of the private complainant and witnesses. Judge: Ms. Clerk of court, please take note. Are there any additional exhibits and witnesses to be presented prosecution council? Prosecution Lawyer: None, your honor. Judge: Defense council, please proceed with the pieces of evidence and witnesses to be presented. Defense Lawyer: Thank you, your honor. Your honor, we respectfully request that the judicial affidavit of our witness, the accused itself Mr. John Lloyd Ponce, resident of Brgy. Matue, Gregorio del Pilar, Ilocos Sur, Philippines to be marked as exhibit A to prove his alibi on the said crime. Judge: Marked it. Defense Lawyer: Your honor, the receipt of the permit to establish/operate/conduct issued by the municipal mayor to be marked as exhibit B. Judge: Marked it. Are there any additional exhibits and witnesses to be presented Defense Council? Defense Lawyer: That would be all, your honor. Thank you. SETTING 3 PRE-TRIAL CONFERENCE (June 23, 2023) Clerk of Court: All Rise. The RTC Branch 20 is now in session. Silence is hereby enjoined. Honorable Judge Jessa Mar Ventura, presiding. Let us bow our head for the prayer (Sign of the Cross). 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 proceeding today, guide us in the path of righteousness for the fulfillment of Your greater glory. Amen. (Sign of the Cross) Judge: (hit the gavel) Please be seated. Call the case scheduled for Pre-Trial Conference. Clerk of Court: The criminal case No. 042123, entitled “People of the Philippines vs. John Lloyd Ponce for the violation of the Cockfighting Law of 1974. Judge: Appearances? Prosecution Lawyer: Atty. Clarissa Valdez, appearing for the People of the Philippines, your Honor. Defense Lawyer: Atty. Cyril Joy Ganado, appearing as the defense counsel and representing the accused in this case, your Honor. Prosecution Lawyer: Your Honor, may we pray that the minutes of the Preliminary Conference be adopted as part of the Pre-Trial Conference? Judge: Any objection, counsel? Defense Lawyer: No objection, your Honor. We observed the manifestation of the Prosecutor, your Honor. Judge: Ordered. In today’s Pre-Trial Conference, both the prosecution and the defense have agreed to adopt the minutes that was taken during the Preliminary Conference on May 10, 2023. Set this case for trial on June 27, 2023. SO, ORDERED. (Hit gavel). SETTING 4 SUBJECT FOR TRIAL (JUNE 27, 2023) Narrator: Today is Monday June 27, 2023 TRIAL Clerk of Court: Please rise. The regional trial court, branch 20, is now in session, the honorable judge Jessa Mar Ventura 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 heart with fraternal love, wisdom and understanding, so that we can become effective channels of truth, justice and peace. In our proceeding today guide us in the path of righteousness for the fulfillment of your greater glory. Amen. Judge: Members of the prosecution, your duty today will be determined whether the defendant is guilty or not guilty based only on facts and evidence provided in this case. The prosecution must prove that a crime was committed and that the defendant is the person who committed the crime. But, if you are not satisfied of the defendant’s guilt to that extent, then reasonable doubt exist and the defendant must be found not guilty. Ms. Duque, what is today’s case? Clerk of Court: Your honor, today’s case is the Criminal Case 042123 People of the Philippines Vs. John Lloyd Ponce. Judge: Is the prosecution ready? Prosecution Lawyer: Yes, Your Honor Judge: Is the defense ready? Defense Lawyer: Yes, Your Honor. Judge: May we now hear the open statement of the prosecutor. Prosecutor Lawyer: Thank you, your Honor. The accuse John Lloyd Ponce, conducts a cockpit fight near the cockpit of the complainant, Mr. Silver John Valdez. The accused is guilty beyond reasonable doubt. The reason I ask, your honor, the burden of guilty. Judge: Thank you council. The defense would you like to give an opening statement or would you like to talk to the prosecution to rest in this case. Defense Lawyer: I would like to stay your honor. In the case of the people of the Philippines vs. John Lloyd Ponce for being accused of the violation of the Cockfighting Law of 1974. Well in fact, Mr. Ponce he did not conduct any cockpit fights near the cockpit of Mr. Valdez. The reason I asked you, your honor, the burden of not guilty. Judge: Well then, the Prosecution Council may now begin. Are you ready council? Prosecution Lawyer: Yes, your honor the prosecution would like to call on Mr. Reden Ambiso Berganio to the witness stand. Judge: Please swear the witness. Court Interpreter: Mr. Reden Ambiso Berganio, which language/dialect do you understand? Witness: English, Sir. Court of Clerk: Can you please raise your right hand, do you swear to tell the whole truth and nothing but the truth. So, help me God. Witness: Yes, I do. Prosecutor Lawyer: May I proceed your honor. Judge: Yes, you may proceed Prosecutor Lawyer: Thank you your honor. Mr. witness introduce yourself. Witness: I’m Reden Ambiso Berganio, 27 years old, a resident of Brgy. Alfonso, Gregorio del Pilar, Ilocos Sur. Prosecutor Lawyer: Where were you on February 13, 2023 around 5pm? Witness: I was at the balcony of my house having my coffee break. Prosecutor Lawyer: Mr. Witness, do you know Mr. Silver John Valdez? Witness: Yes, I know him, he is the owner of the cockpit at brgy. Alfonso, Gregorio Del Pilar, Ilocos Sur. Prosecutor Lawyer: Is there any incident happened that time? Witness: Yes Ma’am. Prosecutor Lawyer: Can you narrate it? Witness: I was at the balcony when I saw that Mr. John Lloyd Ponce was talking to his employee and heard about their conversation to get ready for, they are going to visit the cockpit near the cockpit of Mr. Valdez to conduct another fight. Prosecutor Lawyer: Do you know the exact place where the cockpit fights are conducted? Witness: Yes Ma’am. A less than five (5) kilometers away in the cockpit of Mr. Silver John Almazan Valdez. Prosecutor Lawyer: That’s all your honor. Judge: Thank you council. The defense would you like to cross? Defense Lawyer: Yes, your honor. May I proceed your honor? Defense Lawyer: Mr. witness, what is your relation with Mr. John Lloyd Ponce? Witness: He is my neighbor your honor. Defense Lawyer: Did you really saw Mr. John Lloyd Ponce and his employee talking that day? Witness: Yes, your honor. Defense Lawyer: Did you really heard the conversation between Mr. John Lloyd Ponce and his employee? Witness: Yes, your honor. Defense Lawyer: Are you really sure that they were talking about conducting a fight near the site of the cockpit of Mr. Silver John Valdez? Witness: Yes, your honor. Defense Lawyer: What was he wearing that day? Witness: He’s wearing a black polo shirt, trouser and he was holding his phone. Defense Lawyer: That’s all, your honor. Judge: Thank you counsel. Prosecution, would you like to redirect? Prosecution Lawyer: No, your honor. Judge: Mr. Berganio, please go back to your seat. Witness: Thank you, your honor. Judge: Does the prosecution have any more witnesses to present? Prosecution Lawyer: Yes, your Honor. May I proceed? Judge: Proceed. Prosecution Lawyer: Your Honor, our last witness is the complainant himself. Mr. Silver John Almazan Valdez. Judge: Is he now ready? Prosecution Lawyer: Yes, he is ready your Honor. Judge: Please take him to the witness stand. Prosecution Lawyer: Mr. Silver John Almazan Valdez, please take the witness stand. Court Interpreter: Mr. Valdez, what language or dialect do you prefer to use? Complainant: Ilokano, sir. Court Interpreter: Sir, ingatom ta makin-kanawan nga imam ken isapatam nga ibagam amin iti pudno ken pudno laeng. Complainant: Wen, sir. Prosecution Lawyer: Mabalin ba nga iyam ammom iti bagim ken ibagam ti kasasaad mo iti biag? Complainant: Siyak ni Silver John Almazan Valdez, agtawen iti tallo-pulo ket lima, agnanaed sadiay barangay Alfonso, Gregorio del Pilar, Ilocos Sur. Prosecution Lawyer: Mabalin nga ibinsa-binsam iti napasamak idi bulan ti Pebrero aldaw iti sangapulo ket tallo, tawen duwa ribo duwa pulo ket tallo? Complainant: Iti aldaw ket madama nak nga agsag sagana para iti sumaruno nga laban iti pallut. Napalabasen iti duwa oras nga awan met laengen dagitay mammallut nga nagpalista para iti laban. Madam dama bassit ket linmabas ni ading Reden Berganio. Prosecution Lawyer: Anya iti sumaruno nga napasamak? Complainant: Imbaga na kanyak nga nakita na kanu iti panagpatang da Mr. John Lloyd ponce ken iti trabahador na ket nangeg na iti nagpatangan da. Prosecution Lawyer: Anya iti inubram idi inbaga ni Reden Ambiso Berganio iti nakita ken nangegan na? Complainant: Nakapungtot nak, your honor. Prosecution Lawyer: Dagus ba nga napan ka didiay lugar nga nakapasamakan iti pallut? Complainant: Haan, your honor. Prosecution Lawyer: Ammom ba no namin anon nga daras nga adda pallut nga napasamak didiay nga lugar? Complainant: Haan, your honor. Didiay pelang panang-ibaga ni Reden Ambiso Berganio kenyak iti umuna nga naka ammoak your honor. Prosecution Lawyer: Kalpasan na iti panang-ibaga ni Reden Ambiso Berganio, anya iti inaramid mo? Complainant: Nagtaros nak didiay barangay hall ket nagreklamo nak, your honor. Prosecution Lawyer: That’s all your Honor. Judge: Okay Defense, would you like to cross? Defense Lawyer: Yes, your Honor. Judge: Proceed. Defense Lawyer: Thank you, your Honor. Mr. Valdez, sigurado ka ba nga agibag-baga iti us usto ni Berganio? Complainant: Wen, ma’am. Defense Lawyer: Isuna lang ba iti nangibaga kenyam iti napasamak didiay nga aldaw? Complainant: Wen, ma’am. Defense Lawyer: Sigurado ka ba nga napan dagitay nagpalista kenka iti pallut didiay sabali nga lugar nga pagpallutan ? Complainant: Wen, ma’am. Defense Lawyer: That’s all your Honor Judge: Okay. Defense, do you have any witness to present? Defense Lawyer: Yes, your Honor. Our witness is the accused himself, Mr. John Lloyd Ponce. Judge: Is he now ready? Defense Lawyer: Yes, he is now ready your Honor. Judge: Call the next witness to the stand. Defense Lawyer: Mr. John Lloyd Ponce, please go to the witness stand Court Interpreter: Mister Ponce, what language do you prefer to use? Defense Witness: English, sir. Clerk of Court: Can you please raise your right hand. Do you swear to tell the whole truth and nothing but the truth? So, help me God. Defense Witness: Yes, I do. Defense Lawyer: State your personal circumstances Defense Witness: I am John Lloyd Ponce, 35 years old, a resident of Brgy. Alfonso, Gregorio del Pilar, Ilocos Sur and the owner of the second cockpit. Defense Lawyer: Mr. witness, where you at your house on February 13, 2023? Defense Witness: Yes, ma’am. Defense Lawyer: Are you with your employee at this time? Defense Witness: Yes, ma’am. Defense Lawyer: Do you have any conversation with him? Defense Witness: Yes, ma’am. Defense Lawyer: Can you narrate what did you talked about with your employee? Defense Witness: Yes, ma’am. We were talking about the cockpit fight that we will be conducting at Sitio Butarag, Gregorio del Pilar, Ilocos Sur. Complainant: Hoooo, haan nga us – usto deta, ibagam kenyada ti pudno! Judge: Order in the court! Defense Lawyer: That’s all your honor. (Hit the gavel three (3) times) Judge: Prosecution, would you like to cross? Prosecution: Yes, your Honor. Judge: Alright. Is the Prosecution Lawyer ready to cross examine the witness? Prosecution Lawyer: Yes, your Honor. Judge: You may now proceed. Prosecution Lawyer: Mr. Ponce, where was the exact location of your cockpit? Defense Witness: It was located at Sitio Butarag, Gregorio del Pilar, Ilocos Sur, ma’am. Prosecution Lawyer: Did you ever conducted any cockpit fight near the cockpit of Mr. Valdez on February 13, 2023? Defense Witness: No, ma’am. Prosecution Lawyer: So, the cockpit fight you conducted on February 13, 2023, was on Sitio Butarag, Gregorio del Pilar, Ilocos? Defense Witness: Yes, ma’am. Prosecution Lawyer: Are you sure? It’s because a photograph was presented. Defense Witness: (hesitated) Y-yes, ma’am. Prosecution Lawyer: As you said earlier, you had a conversation with your employee about the fight at Sitio Butarag. So, are you really sure that the fight was conducted at Sitio Butarag? Defense Witness: I am very sure, ma’am. Prosecution Lawyer: That’s all, your honor. Judge: You may take your seat, Mr. Ponce. Defense Witness: Thank you, your honor. Judge: Is there anymore witness to be presented? Prosecution Lawyer: None, your honor. Judge: Anymore witnesses from the Prosecution and Defense? Prosecution/ Defense Lawyer: No more, your honor. Judge: May I call on the Prosecution to reinstate all the exhibits presented. Prosecution Lawyer: Your honor, may I present to you; Exhibit A - The sworn statement of Mr. Silver John Almazan Valdez. Exhibit B - The issued permit to establish/operate/conduct. Exhibit C - Witness of the crime. Exhibit D – The photographs depicting that Mr. John Lloyd Ponce on February 13, 2023 conducting a cockpit fight. Judge: Is there any opposition from the Defense? Defense Lawyer: None, your honor. Judge: Then all exhibits are identified. (gavel) Judge: We hear the witnesses and accused about their testimonies and it’s time to restore. Defense, when do you prefer to schedule the Final Judgment of this case? Defense Lawyer: Your Honor, I would like to schedule the case for the Final judgement on August 15, 2023 at 8:00 O’clock in the morning. Judge: Are you amenable for the schedule Prosecution? Prosecution Lawyer: Yes, Your Honor. Judge: Please be seated. Okay. That the defense Lawyer and the Prosecution Lawyer seems ready to rest their case. Submit your closing and final arguments on the next hearing. And that the final judgment of this case will be on August 15, 2023 at 8:00 O’clock in the morning. We will be adjourned so early. (Hit the gavel) SETTING 5 PROMULGATION OF THE FINAL JUDGMENT AUGUST 15, 2023 Narrator: August 15, 2023 is the promulgation of the final judgment. Clerk of Court: All rise. The court is now in session. Honorable Judge Jessa Mar Ventura, 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 heart with fraternal love, wisdom and understanding, so that we can become effective channels of truth, justice and peace. In our proceeding today guide us in the path of righteousness for the fulfillment of your greater glory. Amen. Judge: All right defense and prosecution, you may now deliver your final statement. Defense Lawyer: Good morning, I am Atty. Ganado and again I am the defense lawyer in this case. In the case that the prosecutor has presented to you has no insufficient proof to convict my client. We would ask for a verdict of not guilty. It is the prosecutor's responsibility to show the defendant's innocence, not the defendant. To establish the defendant's guilt, they have failed to meet that challenge. The prosecutor is in charge of everything. Resources to look into the situation It is not the defendant's responsibility to investigate the subject. We respectfully request that you render the only just verdict: not guilty. Prosecution Lawyer: Ladies and gentleman, again I am Atty. Valdez and I am the prosecutor of this case. I provided witnesses to testify as to the defendant’s guilt. Each witness testified and the testimony had established the following facts beyond a reasonable doubt. We would ask to reject the defense theories. I disagree for the defense witness; his testimony is pure allegations and opinion. The defense witness testimony does not amount reasonable doubt in a particular reason that he didn’t conduct any cockpit fights near the cockpit site of Mr. Valdez on February 13, 2023 because it was depicted in a photograph that Mr. Ponce and his employee were seen in the site. The defense witness is lack of credibility that he only conducts cockpit fight at Sitio Butarag. Therefore, the defense witness arguments are amounts to just excuses. Thank you, that’s all your Honor. Judge: Please be seated. Accused Mr. John Lloyd Ponce, please come forward for the reading of the judgement. The Clerk of court is hereby ordered to read the judgment. Clerk of Court: Judge: For the promulgation of the final judgment, Criminal Case No. 042123, entitled People of the Philippines vs. John Lloyd Ponce was penalized for violating the rules and regulations of the Cockfighting Law of 1974 of Presidential Decree 449. This court finds the defense successfully excluded the evidence offered in order for the accused to be acquitted of the charges. This court finds Mr. John Lloyd Ponce not guilty beyond reasonable doubt for the violation of the Cockfighting Law of 1974 under Presidential Decree 449. So, ordered. (Bang the gavel and left the court.)