S C R I P T

Court Staff: Please Rise. The Court is now in session, The Honorable Judge Maria
Clarita Casuga Tabin presiding.
Judge: Please be seated. Please call the case.
Court Staff: Criminal Case No. 136930, People of the Philippines Versus Grace Benito
Anton, for Slight Physical Injuries now comes for hearing.
Judge: Counsels make your Appearance.

PROSECUTION:
Prosecutor 1: Your Honor, I am Atty. Michelle Joy Concepcion, appearing under the
direct control and supervision of the Public Prosecutor.
Prosecutor 2: Your Honor, I am Atty. Sheryll Lerry Antido, appearing under the direct
control and supervision of the Public Prosecutor.
Prosecutor 3: Your Honor, I am Atty. Joyce Fe Magannon, appearing under the direct
control and supervision of the Public Prosecutor.
Prosecutor 4: Your Honor, I am Atty. Rea Jane Moreno, appearing under the direct
control and supervision of the Public Prosecutor.

DEFENSE:
Defense Lawyer 1: Respectfully appearing for the defense, Your Honor, I am Atty. John Cris
Gaayon.
Defense Lawyer 2: Respectfully appearing for the defense, Your Honor, I am Atty. Moises
Fortunato.
Defense Lawyer 3: Respectfully appearing for the defense, Your Honor, I am Atty. Jeffrey
Reyes.
Defense Lawyer 4: Respectfully appearing for the defense, Your Honor, I am Atty. Gil Jan
Ganon.

Judge: Are you ready for the arraignment of the accused, preliminary conference
and pre-trial?
Prosecution: Yes your Honor.
Defense: Yes your Honor.

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ARRAIGNMENT:

Judge: Is the accused around?

Defense: Yes your Honor, the accused is present.
Judge: Where is the accused?
Court Staff: Ms. Grace Benito Anton?
Judge: Arraign the accused.
Court Staff: Criminal Case No. 136930, People of the Philippines Versus Grace Benito
Anton, for Slight Physical Injuries

Ms. GRACE BENITO ANTON is accused of the crime of Slight Physical

Injuries, and was committed as follows:

That on or about the 16th day of August 2017 along Block 4 Market in the
City of Baguio, Philippines and within the jurisdiction of this Honorable
Court, the above-named Accused, without justifiable cause whatsoever,
did then and there willfully, unlawfully and feloniously attack and assault
Private Complainant ROHANIA MACABADA KHALIMUDDIN by
boxing her right arm and kicking her stomach, causing her injuries
consisting of abrasion on her left forearm and contusion hematoma on her
right arm, which injuries however would not require any medical
attendance.

CONTRARY TO ARTICLE 266 OF THE REVISED PENAL CODE.

Judge: Do you understand the allegations of the facts?

Accused: Yes, your Honor.
Court Staff: What is your plea?
Accused: Not guilty.
Judge: In today’s arraignment, the accused was present and assisted by her
counsel, Atty. ____ and the information was read in a dialect known and
understood by her. Set, therefore, the preliminary conference.

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PRELIMINARY CONFERENCE

Judge: Are you ready for the preliminary conference?

Prosecution: Yes your Honor.
Defense: Yes your Honor.
Judge: Ms. Clerk of Court kindly conduct the preliminary conference.

- Marking of Exhibits (PROSECUTION) -

Clerk of Court: Your exhibits, counsels:

Prosecutor: Your Honor, we are marking the following exhibits for the prosecution:

We pray that the Judicial Affidavit of Rohania Macabada

Khalimuddin will be mark as “Exhibit A”

We pray that the signature of Rohania Macabada Khalimuddin in her

Complaint-Affidavit will be mark as “Exhibit A-1”
 We pray that the Judicial Affidavit of Amer Khalimuddin will be mark
as “Exhibit B”

We pray that the signature of Amer Khalimuddin in his Judicial

Affidavit will be mark as “Exhibit B-1”

We pray that the Judicial Affidavit of ______ vendor at the Baguio City
Public Market will be mark as “Exhibit C”

We pray that the signature of _______ in her Judicial Affidavit will be

mark as “Exhibit C-1”

We pray that the Judicial Affidavit of Upper Market Subdivision

Barangay Secretary Joyce Fe Egsaen Magannon will be mark as
“Exhibit D”

We pray that the signature of Ms. Joyce Fe Egsaen Magannon in her

Judicial Affidavit will be mark as “Exhibit D-1”

We pray that the Certificate to File Action issued by Barangay Captain

Mathew Fanged on September 26, 2017 will be mark as “Exhibit E”

We pray that the signature in the Certificate to File Action issued by

Barangay Captain Mathew Fanged on September 26, 2017 will be mark as
“Exhibit E-1”

We pray that the Medico-Legal Certificate issued on August 17, 2017 by

the attending Physician, Dr. Nico Aldrich Renosa of Baguio General
Hospital and Medical Center will be marked as “Exhibit F”

We pray that the signature in the Medico-Legal Certificate issued on

August 17, 2017 by the attending Physician, Dr. Nico Aldrich Renosa of
Baguio General Hospital and Medical Center will be mark as “Exhibit F-
1”

Clerk of Court: How about the witnesses?

Prosecution: We will be presenting the following witnesses for the prosecution:

The private complainant, Rohania Macabada Khalimuddin.

Judge: Clerk, ask them the purpose of the testimony.

Clerk of Court: What is the purpose of the testimony of Ms. Rohania Macabada
Khalimuddin?
Prosecution: The purpose of the testimony of Rohania Macabada Khalimuddin is to
testify to the incident which had ensued on August 16, 2017.

We will also present the husband of private complainant, Mr. Amer

Khalimuddin, as a witness to prove he was present on the scene of the
incident and that he was there to try to contain the situation.

We will also present Ms.____________, vendor at the Baguio City Public

Market as a witness to prove she was near the sight of the incident and that
it was her who called Mr. Khalimuddin to the scene.

Also, we will present Ms. Joyce Fe Egsaen Magannon, Barangay

Secretary of Upper Market Subdivision Barangay as a witness to prove
that the said incident was reported to her and that the same was recorded
by her in the Brgy. Logbook.

- Marking of Exhibits (DEFENSE) –

PRE-TRIAL:

Judge: Call the case for pre-trial.

Court Staff: Criminal Case No. 136930, People of the Philippines Versus Grace Benito
Anton, for Slight Physical Injuries

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Stipulation of Facts:

Judge: Your stipulation of facts, counsel.

PROSECUTION:
Prosecution: For the prosecution, that the identity of the accused as the same person
was arraigned in this case.
Defense: (Admitted or Denied)
Prosecution: That the accused inflicted physical harm to the private complainant.
Defense: (Admitted or Denied)

DEFENSE:
Defense:
Prosecution:

Judge: Would that be all?

Prosecution: Yes, your Honor.
Defense: Yes, your Honor.
---------------------------------------------------------------------------------------------------------------------

Issues:

Judge: Issues?
Prosecution: Your Honor, for the Prosecution, the issues is the following:
1. Whether or nor the accused is guilty of the crime of Slight Physical
Injuries as alleged in the information.
2. Whether or not the accused shall be held liable for damages as the
result of the crime committed against the complainant.
Defense:
Judge: In today’s Pre-Trial, the accused represented by her counsel, Atty. ____
appeared, the prosecution was represented by Assistant City Prosecutor
_________, both parties admitted the minutes of the Preliminary
Conference conducted and made a stipulation of facts. The accused
invokes Defense of a Relative as her defense. We will have a continuous
trial in this case because this is the only case in this court.

TRIAL:

Judge: Is the Prosecution ready?

Prosecution Lawyers:(Stand up) Yes your Honor.
Judge: Is the Defense ready?
Defense Lawyers: (Stand up) Yes your Honor.

(PROSECUTION DIRECT EXAMINATION)

Judge: Counsel, call your witness to the witness stand.
Prosecutor 1: Yes your Honor. The prosecution would like to call Ms. Rohania
Macabada Khalimuddin to the witness stand.
Court Staff: Raise your right hand. Do you swear or affirm to tell the truth, the whole
truth, and nothing but the truth?
Witness: I do.
Prosecutor 1: With the permission of this Honorable Court, may I proceed, your Honor?
Judge: Okay.
Prosecutor 1: Your Honor, we offer the testimony of the witness-complainant to prove
that the accused committed the crime upon her person.
Judge: What do you say (defense) counsel?
Defense Lawyer 1: Subject to cross, your Honor.
Judge: Proceed Atty. Concepcion.
Prosecutor 1: - Conducts Direct Examination –
Counsel: Ms. Witness, for the record, please state your name and other personal
circumstances.
Complainant: I am Rohania Macabada Khalimuddin, 33 years old, married. I was born
and raised in Madulum, Lanao Del Sur but is presently residing in San
Vicente, Baguio City. I am a vendor at the Baguio City Public Market.
Counsel: Ms. Witness, you have mentioned that you are originally from Madalum,
Lanao Del Sur…

Complainant: Yes.

Counsel: … then how long have you been living in Baguio City?

Complainant: I have been living here in Baguio City together with my relatives and
husband for five years already.

Counsel: Do you remember executing a judicial affidavit in relation to this case?

Complainant: Yes.

Counsel: I am now showing you this affidavit, marked as Exhibit A; there is a

signature written above the printed name Rohania Macabada
Khalimuddin, whose signature is that?

Complainant: It is my signature.

Counsel: How is this affidavit related to you?

Complainant: It is the same affidavit which I had made.

Counsel: Do you affirm the trueness of your affidavit?

Complainant: Yes.

Counsel: Your Honor we manifest that the witness identified the signature marked
as Exhibit A-1 as her own signature.

Counsel: In item Nos. 3 and 4 of your Judicial Affidavit, you said that you had an
altercation with your aunt, Ms. Flor Benito Malawi.

Complainant: Yes.

Counsel: On August 16, 2017, the day of the incident, was that the first time Ms.
Flor Benito Malawi saw and heard you rehearse the 99 Names of Allah?
Complainant: No. In truth, almost everyone in the market most especially my
neighboring stalls see and hear me recite the verse every day.

Counsel: Kindly narrate to this Court what had transpired on that day when you had
a disagreement your aunt, Ms. Flor Benito Malawi.

Complainant: I was busy memorizing the 99 Names of Allah when my aunt, Flor
sprinkled salt between our stalls and told me to stop reciting incantations
against her because I might just cast a spell against her. I replied by telling
her to stop acting like a fool and aunt Flor then said and assumed that I
was crazy. I collared my aunt Flor and suddenly my other aunt, Grace
Anton came into the scene.

Counsel: Mrs. Khalimuddin can you please look around inside this Court Room if
the accused, Ms. Grace Benito Anton is present and if she is, can you
please point at her?

Complainant: (Points at the accused)

Counsel: Your Honor we manifest that the witness positively identified the accused
Ms. Grace Benito Anton.

With your permission, may I proceed your Honor?

Counsel: Ms. Witness, can you illustrate the occurrence, when the accused came in
the moment you collared Ms. Malawi?

Complainant: My aunt Grace came and boxed me on my right arm and then kicked me
on my belly. I tried to explain to her what the commotion was about
between me and aunt Flor; still, she forcibly removed my veil. At this
point in time, my husband, Amer, came to calm us however my aunt
Grace also boxed him and afterwards she returned to her stall.

Counsel: After that incident, what happened next?

Complainant: I also went to the Upper Market Subdividion Barangay to report the
incident then on the following day, I went to the Baguio General Hospital
and Medical Center the following day.

Counsel: What did the physician advised you after your medico-legal examination?

Complainant: According to the attending doctor, the injuries I sustained do not require
medical attendance.

Counsel: What had happened to your complaint in the Barangay?

Complainant: There were conciliation proceedings held but we reached no settlement.

Counsel: That is all for the witness, your Honor.

Judge: (Defense) Counsel, would you like to cross-examine the witness?

Defense Lawyer 1: Yes your Honor.
- Conducts Cross Examination -
Defense Lawyer 1: Thank you. No further questions your Honor.
Judge: Does the prosecution wish to re-direct?
Prosecutor 1: No, your Honor.
Judge: (Witness) You may step down.
Prosecution, you may call your second witness.
Prosecutor 2: Yes your Honor. The prosecution would like to call Mr. Amer
Khalimuddin to the witness stand.
Court Staff: Raise your right hand. Do you swear or affirm to tell the truth, the whole
truth, and nothing but the truth?
Witness: I do.
Prosecutor 2: With the permission of this Honorable Court, may I proceed, your Honor?
Judge: Okay.
Prosecutor 2: Your Honor, we offer the testimony of the witness, Mr. Khalimuddin to
establish that he was on the scene when the incident had cropped up and
that he had tried to pacify the quarrelling parties.
Judge: What do you say (defense) counsel?
Defense Lawyer 2: Subject to cross, your Honor.
Judge: Proceed Atty. Antido.
Prosecutor 2: - Conducts Direct Examination –
Prosecutor 2: Good evening Mr. Amer

Witness: Good evening Ma’am

Prosecutor 2: Do you remember executing a judicial affidavit in this case?

Witness: Yes Ma’am

Prosecutor 2: If shown to you this judicial affidavit will you be able to identify it?

Witness: Yes. Maam

Prosecutor 2: I am showing to you a Judicial Affidavit of one Amer Khalimudin is this

the Judicial affidavit that you executed in this case.

Witness: Yes. This is the Judicial Affidavit that I have executed.

Prosecutor 2 In your judicial affidavit a signature appeared above the printed name
Amer Khalimuddin, whose signature is this?

Witness: It is my signature Ma’am.

Prosecutor 2: Do you affirm and confirm the veracity of your JA?

Witness: Yes Maam

Prosecutor 2: Mr. Witness Do you personally know the Private complainant in this case
Rohania Macabada Khalimuddin?

Witness: Yes. Maam

Prosecutor 2: Can you please tell us how do you get to personally know Rohania Macabada
Khalimudin?

Witness: Ma’am Rohania Macabada Khalimuddin is my wife.

Prosecutor 2: Mr. Witness do you recall an incident that occurred in the morning of
August 16, 2017?

Witness: Yes Maam

Prosecutor 2: Can you please narrate to us what had happened on the morning of August
16, 2017?

Witness: On the morning of August 16, 2017. My wife Rohania and I were in our
stall then I leave for a while to visit a neighboring stall to ask regarding
the scheduled delivery of vegetables to our stall. Before I left Rohania had
already started memorizing the 99 names of allah. A few minutes later a
fellow vendor called me informing me that my wife Rohania was having a
heated argument against her aunts Flor and Grace whose stall is located
next to our stall.

Prosecutor 2: Mr. Witness you said that you had left your Wife Rohania while she is
memorizing the 99 names of Allah. Was it the first time that your wife
memorized the 99 names of Allah in your stall?

Witness: No Ma’am. My wife always does it all the time whenever she is not busy
attending to our stall.

Prosecutor 2: Prior to the incident was there an instance when your wife’s aunts, Flor
and Grace saw your wife memorizing the 99 names of Allah?
Witness: Yes ma’am. They always saw and hear May wife Rohania memorizing the
99 names of Allah since their stall is located beside our stall.

Prosecutor 2: Mr. Witness Whenever Flor and Grace saw rohania memorizing the 99
names of Allah what is their reactions?

Witness: Flor and Grace would always laugh and make fun of my wife. They kept
on bullying her. They often talked about my wife, spreading false stories
about her to other people in the market. My wife was aware of it but she
maintained her silence and never act in response.

Prosecutor 2 What did you do after learning that your wife is engaged in a heated
argument with her aunts?

Witness: I decided to return to our stall and while I am running a few distance to
reach our stall I saw Grace arrived boxed my wife’s right arm and
subsequently kicked her belly. Then I saw my wife being held by Flor in
both of her hands while Grace was trying to remove my wife veils. Upon
reaching our stall, I tried to pacify the commotion by pushing Flor so that
she would release my wife’s hand but Grace punched me on my face.

Prosecutor 2: Mr. Witness does your wife engaged in any commotion previously other
that this incident?

Witness: No. Ma’am this was the first time.

Prosecutor 2: That is all for the witness, your Honor.

Judge: (Defense) Counsel, would you like to cross-examine the witness?
Defense Lawyer 2: Yes your Honor.
- Conducts Cross Examination -
Defense Lawyer 2: Thank you. No further questions your Honor.
Judge: Does the prosecution wish to re-direct?
Prosecutor 2: No, your Honor.
Judge: (Witness) You may step down.
Prosecution, you may call your third witness.
Prosecutor 3: Yes your Honor. The prosecution would like to call Ms. _____________
to the witness stand.
Court Staff: Raise your right hand. Do you swear or affirm to tell the truth, the whole
truth, and nothing but the truth?
Witness: I do.
Prosecutor 3: With the permission of this Honorable Court, may I proceed, your Honor?
Judge: Okay.
Prosecutor 3: Your Honor, we offer the testimony of the witness, Ms. Rea Jane Moreno
to confirm that the said incident witnessed by her and it was also her who
had called the husband of the private complainant to respond to the scene
of the tumult.
Judge: What do you say (defense) counsel?
Defense Lawyer 3: Subject to cross, your Honor.
Judge: Proceed Atty. Magannon
Prosecutor 3: - Conducts Direct Examination –
Counsel: Ms. Witness, for the record, please state your name and other personal
circumstances.
Witness:
Counsel: Ms. Witness, do you personally know Mr. Amer and Rohania
Khalimuddin?

Witness: Yes.

Counsel: How did you get to personally know them?

Witness: They are my neighboring stall inside the Public Market. The stall I own is
located right next to them.

Counsel: Do you remember executing a judicial affidavit in relation to this case?

Witness: Yes.

Counsel: Showing to you a document, whose signature appears above the name of
Ms. Rea Jane Moreno?

Witness: It is my signature.

Counsel: How is this affidavit related to you?

Witness: It is the same affidavit which I had made.

Counsel: Do you affirm the authenticity of your affidavit?

Witness: Yes.

Counsel: Your Honor we manifest that the witness identified the signature marked as
Exhibit C-1 as her own signature.

Counsel: Kindly describe to this Court what had occurred on that day inside the public
market.
Witness: I was fixing the goods inside my stall when suddenly I heard shoutings beside my
stall after that, I went out my stall to check it out and I saw Ms. Flor Malawi and
Ms. Rohania Khalimuddin arguing with each other. The minute Ms. Rohania
collared Ms. Flor that was when I quickly ran to Block 7, where Mr. Amer
Khalimuddin was at to tell him about the squabble.
Prosecutor 3: That is all for the witness, your Honor.
Judge: (Defense) Counsel, would you like to cross-examine the witness?
Defense Lawyer 3: Yes your Honor.
- Conducts Cross Examination -
Defense Lawyer 3: Thank you. No further questions your Honor.
Judge: Does the prosecution wish to re-direct?
Prosecutor 3: No, your Honor.
Judge: (Witness) You may step down.
Prosecutor 4: Yes your Honor. The prosecution would like to call Ms. Joyce Fe Egsaen
Magannon to the witness stand.
Court Staff: Raise your right hand. Do you swear or affirm to tell the truth, the whole
truth, and nothing but the truth?
Witness: I do.
Prosecutor 4: With the permission of this Honorable Court, may I proceed, your Honor?
Judge: Okay.
Prosecutor 4: Your Honor, we offer the testimony of the witness, Ms. Joyce Fe Egsaen
Magannon to confirm that the said incident was reported to the Barangay
of Upper Market Subdivision, to where she is the Brgy. Secretary.
Judge: What do you say (defense) counsel?
Defense Lawyer 4: Subject to cross, your Honor.
Judge: Proceed Atty. Moreno.
Prosecutor 4: - Conducts Direct Examination –
Counsel: Ms. Witness, for the record, please state your name and other personal
circumstances.
Witness: Joyce Fe Egsaen Magannon, 27 years old, resident of ________. At
present, I serve as the Brgy. Secretary of Upper Market Subdivision.
Counsel: Ms. Witness, do you personally know Mr. Amer and Rohania
Khalimuddin?

Witness: Yes.

Counsel: How did you get to personally know them?

Witness: When they went to the barangay hall of Upper Market to report an
incident, I was on-duty that day in the barangay hall.
Counsel: Do you remember executing a judicial affidavit in relation to this case?

Witness: Yes.

Counsel: Showing to you a document, whose signature appears above the name of
Ms. Joyce Fe Egsaen Magannon?

Witness: It is my signature.

Counsel: How is this affidavit related to you?

Witness: It is the same affidavit which I had made.

Counsel: Do you affirm the authenticity of your affidavit?

Witness: Yes.

Counsel: Your Honor we manifest that the witness identified the signature marked as
Exhibit C-1 as his own signature.

Counsel: Please recount to this Court what had occurred on that day when Mr. and Mrs.
Khalimuddin went to your office.

Witness: Mr. and Mrs. Khalimuddin went to the barangay hall of Upper Market to report an
incident which had happened in their stall inside the public market. I recorded
their complaint-report in the Brgy. Logbook.

Counsel: What did you do to address the said incident?

Witness: After I recorded Mr. and Mrs. Khalimuddin’s complaint, I told them that I will
forward the complaint to our Brgy. Captain, Mr. Matthew Fanged for immediate
action.

Counsel: … (and) what was that action you’re referring to?

Witness: In accordance with the Katarungang Pambarangay Law, our Barangay Captain is
tasked to call on the Lupon to schedule the complaint for barangay conciliation
proceedings. Indeed, there were conciliation proceedings but the parties never
reached an amicable settlement, hence, a Certification to File Action was issued
by our Brgy. Captain, Matthew Fanged.

Counsel: That is all for the witness, your Honor.

Judge: (Defense) Counsel, would you like to cross-examine the witness?

Defense Lawyer 4: Yes your Honor.
- Conducts Cross Examination -
Defense Lawyer 4: Thank you. No further questions your Honor.
Judge: Does the prosecution wish to re-direct?
Prosecutor 4: No, your Honor.
Judge: (Witness) You may step down.
Prosecution: That was our last witness, your Honor. Before we rest our case, we now
formally offer our exhibits.
1. The Complaint-Affidavit of Ms. Rohania Macabada Khalimuddin
marked as Exhibit A, including its sub-marking Exhibit A-1, which
pertains to her signature, to prove that the accused inflicted injuries
upon the complainant.
2. The Affidavit of Mr. Amer Khalimuddin marked as Exhibit B,
including its sub-marking Exhibit B-1, which pertains to his
signature, to attest to presence during the time of the incident.
3. The Affidavit of Ms. __________ marked as Exhibit C, including
its sub-marking Exhibit C-1, which pertains to his signature, to
attest to presence during the time of the incident.
4. The Affidavit of Brgy. Secretary Ms. Joyce Fe Egsaen Magannon
marked as Exhibit D, including its sub-marking Exhibit D-1, which
pertains to his signature, to bear out that the incident has been
reported to the barangay.
5. The Certificate to File Action issued by Brgy. Captain Matthew
Fanged on September 26, 2017, marked as Exhibit E including its
sub-marking Exhibit E-1, which pertains to his signature, to
indicate that the barangay had conducted conciliation proceedings
but the parties had failed to reach an amicable settlement.
6. The Medico-Legal Certificate issued by Dr. Nico Aldrich Renosa,
attending Physician at the Baguio General Hospital on August 17,
2017, marked as Exhibit F, including its sub-marking Exhibit F-1,
which pertains to his signature, to show that the complaint had
undergone medical examination right after the incident had took
place.
Judge: The court admits Exhibits A-F to form part of the evidence of the
Prosecution.
Prosecution: With that your Honor, we rest our case.

(DEFENSE DIRECT EXAMINATION)

Judge: Defense, you may call your first witness.

Defense Lawyer 1: Thank you, your Honor. I call to the stand Ms. Flor Benito Malawi.
Court Staff: Raise your right hand. Do you swear or affirm to tell the truth, the whole
truth, and nothing but the truth?
Witness: I do.
Defense Lawyer 1: Please state your name and personal circumstances.
Witness 1: I ______.
Defense Lawyer 1: Your Honor we are offering the testimony of Ms. Flor Benito Malawi to
prove that ____.
Judge: What do you say (prosecution) counsel?
Prosecutor 1: Subject to cross, your Honor.
Judge: Proceed Atty. ____.
Defense Lawyer 1: - Conducts Direct Examination –
Defense Lawyer 1: That is all for the witness, your Honor.
Judge: The prosecution may now cross examine the witness.
Prosecutor 1: - Conducts Cross Examination –
Prosecutor 1: Thank you. No further questions your Honor.
Judge: Does the defense wish to re-direct?
Defense Lawyer 1: No, your Honor.
Judge: (Witness) You may step down.
Defense: Your Honor, the defense rests.
(CLOSING ARGUMENTS)

Judge: Both the prosecution and the defense have now rested their cases. The
attorneys will now present their final arguments. Prosecution, you may
now begin.
Prosecution:
Judge: Defense, you may proceed with your closing argument.
Defense: