Republic of the Philippines REGIONAL TRIAL COURT OF MUNTINLUPA Fourth Judicial Region Branch 7 Muntinlupa City

PEOPLE OF THE PHILIPPINES (plaintiff) vs. FAIZAL MENDOZA Y LUCIANO (accused) DECISION At bar is captioned case charging Faizal Mendoza y Luciano for the crime of homicide. In an Information charging the accused on July 31, 2013 reads as follows: With intent to kill by using a 6-7 inches pocket knife, did then and there willfully and unlawfully stabbed the victim John Mark Bote oh his trunk causing the immediate death of the victim. CONTRARY TO LAW. The arraignment of the accused took place on August 5, 2013. The accused after having been arraigned entered his plea of NOT GUILTY. Consequently, pre-trial follows: On August 10, 2013, pre-trial was conducted in accordance with the 2000 Revised Rules of Criminal Procedure. The prosecution was represented by the City Prosecutor Atty. Jose Velasquez Sr and Private Prosecutor Atty. Leticia Liu. The following proposals for admission were introduced by the prosecution: 1. That the deceased, John Mark Bote y Yap, is a minor, 15 years of age and born on August 13,1994;

2. That the accused who caused the death of John Mark is Faizal Mendoza y Luciano, a minor, 16 years of age when the killing happened; 3. That the killing happened on or about 6:00 pm of July 6, 2010 during a birthday celebration; 4. That the victim and the accused were both in the celebration; 5. That the incident was witnessed by John Marks friends, Roberto Dela Cuesta y Moises and Michael Pagador y Secuya, among others; 6. That the accused Faizal walked towards John Mark and asked the latter to talk with him outside the house; 7. That when the two were about to leave the house, Faizal immediately did there and then willfully mauled John Mark; 8. That Faizal was holding a 6 to 7 inches knife during the mauling incident; 9. That Faizal during the mauling incident, did there and then willfully stabbed John Mark on his trunk using the 6 to 7 inches knife he was holding; 10. That John Mark was attacked by Faizal so abrupt that the former was not in the position to defend his self; 11. That when the guests were able to stop Faizal, they saw John Mark fell on the sofa; 12. That when John Mark fell on the sofa, he already suffered a stab wound caused by Faizal; 13. That Christopher Bautista succeed in stopping the two but it was too late as John Mark was already stabbed on his trunk; 14. That John Mark was rushed into the hospital but unfortunately he died because of the deep stab caused by Faizal.

The issues proposed by the prosecution are as follows: 1. Whether the accused committed the crime of homicide against the deceased; 2. Whether the accused is guilty of the crime thereof.

On the part of the accused, the defense counsel did not mark any documentary evidence nor offer any stipulation of facts. The counsel manifested that he will be presenting the accused himself, Faizal Mendoza y Luciano. Pre-trial was concluded and parties are given fifteen (15) days from receipt of the pre-trial order to make the necessary correction otherwise they are not allowed thereafter. The initial presentation of the prosecutions evidence as against the accused Faizal Mendoza y Luciano is hereby set to August 20,2013, at 8:30 oclock in the morning and thereafter on August 21,22 and 23 also at the same time. The prosecution started to present their witnesses as follows: 1. Michael Pagador, 16 years of age, resident of Blk. 16 Lot 257, ponblacion, Muntinlupa City. fter being duly sworn to in accordance with law, testified as follows: On cross examination, Michael Pagador, prosecutions eye witness, reiterated that he freely and voluntarily executed a Sinumpaang Salaysay and his purpose is to tell everything about the incident on July 6, 2010; and that the Sinumpaang Salaysay was freely executed by him and nobody forced him to do so. He narrated that he has witnessed how the accused mauled the victim; that it was the accused who hit first and that the accused was holding a 6-7 inches knife did there and then stabbed the victim on his trunk. He also testified that the accused and the victim had a prior argument which led the accused on hitting the victim. On the direct examination, witness Michael Pagador was able to identify Faizal Mendoza y Luciano as the one who inflicted stab injury to the victim which caused the latters death. 2. Roberto Dela Cuesta, 16 years of age, resident of Blk. 16 Lot 257, ponblacion, Muntinlupa City. after being duly sworn to in accordance with law, testified as follows:

On cross examination, Roberto Dela Cuesta, prosecutions eye witness, reiterated that he freely and voluntarily executed a Sinumpaang Salaysay and his purpose is to tell everything about the incident on July 6, 2010; and that the Sinumpaang Salaysay was freely executed by him and nobody forced him to do so. He narrated that he has was there with the victim and other friends when the accused asked the victim to talk outside the house; that witnessed how the accused mauled the victim; that it was the accused who hit first and that the accused was holding a 6-7 inches knife did there and then stabbed the victim on his trunk. He testified that the incident happened so abrupt that they were not able to stop the accused from hitting the victim and when they finally succeed in taking the accused away from the victim, the victim fell on the sofa suffering from a stab injury on his trunk. On the direct examination, witness Michael Pagador was able to identify Faizal Mendoza y Luciano as the one who inflicted stab injury to the victim which caused the latters death. 3. Dr. Voltaire P. Nulud, Medico-Legal Officer, PNP SPD Crime Laboratory Makati City, testified that the victim died because of the stab injured it sustained from the accused. The stab was approximately 6 inches deep in the victims trunk. The knife was measured to be 7.5 inches long.

After the prosecution has completely presented their evidence, the presentation of defense evidence followed: 1. Faizal Mendoza y Luciano, 16 years of age, resident of Blk.2 Lot 60 Southville, Poblacion, Muntinlupa City 2. http://eugeneatan.wordpress.com/2011/02/27/regional-trial-court-decision-oneugene-tans-murder-case-2/ 3. http://lexoterica.wordpress.com/2010/08/16/july-2010-philippine-supremecourt-decisions-on-criminal-law-and-procedure/ 4. http://sc.judiciary.gov.ph/jurisprudence/2010/july2010/175023.htm