Transcript of Stenographic Notes
Short Description
dadsa...
Description
Court Clerk of Court
Court Court
Court Defense Court Clerk of Court
: Call the case : People of the Philippines Vs. Samardi Undug and Ayben Amilhussin Criminal Case No. 1648 for: Carnapping, Violation of Sec. 14, of R.A. No. 6539 This is for arraignment : Appearances for Prosecution : Atty. Abdulmar J. Sabdalani Prosecutor : Appearance for Defense : Atty. Jessa Serrano Defense Counsel : Is the accused around? : The accused is around : Arraign the accused. : People of the Philippines Vs. Samardi Undug and Ayben Amilhussin Criminal Case No. 1648 for: Carnapping Accused Samardi Undug and Ayben Amilhussin commit a crime of less serious physical injuries, Art. 265, committed as follows: That on or about the 19th day of March 2015, in the City of Zamboanga, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, with deliberate intent and without justifiable motive, having employed force upon things, did then and there, willfully, unlawfully,and feloniously, took, stole and carried away, with intent to gain, one (1) Mitsubishi Montero, colored black, bearing plate number VIN 15, and registered to the name of Ms Mildred A. Sambrano, under CR No. 9176018-5 and OR No. 784018034 with a value of One Million and Five Hundred Thousand Pesos (Php 1, 500,000.00) without the knowledge and consent of the said owner, and to his damage and prejudice to the amount aforestated.
Contrary to law. Court Accused Court Accused Court
: : : : :
Do you understand the allegations of the facts? Yes, your Honor. What is your plea? Not guilty, your Honor. The accused pleaded not guilty. Was there a proposal for amicable settlement? : None, your Honor.
Prosecution & Defense Clerk
:
The next hearing of this case is schedule next on September 30, 2015. This session is adjorned.
2 Next hearing
Court Clerk of Court
: Call the case : People of the Philippines Vs. Samardi Undug and Ayben Amilhussin Criminal Case No. 1648 for: Carnapping, Violation of Sec. 14, of R.A. No. 6539
Court Prosecution
: Appearances of the Prosecution : Same Appearance Atty. Abdulmar J. Sabdalani Prosecutor
Court Defense
: Appearance of the Defense : Atty. Jessa Serrano Defense Counsel
Prosecution Court Prosecution Court Prosecution Court Prosecution Court Interpreter
: : : : : : : :
Rudy Prosecution
Is the accused around? Who is your 1st witness? Rudy Envidiado Are you ready? Yes Call your witness May we call Rudy Envidiado to stand in the witness stand Raise your right hand. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth? State your personal circumstances. : I do. I am Rudy Envidiado, Single, Security Guard : We offer the testimony of the witness-complainant to prove that the accused committed the crime upon this person.
Monreal
:
Prosecution Monreal Prosecution Monreal Prosecution Monreal Prosecution Monreal Prosecution Monreal Prosecution Monreal Prosecution Monreal Prosecution Monreal Prosecution Monreal Prosecution
: : : : : : : : : : : : : : : : : : :
Mr. Witness, for the record, please state your name, status, job, and residence. I am Baldomero Monreal, Jr., 23 years old, jobless and a resident of Subayon, Bilar, Bohol. How long have you been staying at Subayon, Bilar Since birth How many years? 23 years Where were you on April 13, 2011? At Jade’s house What were you doing? Listening music from the FM radio What is the purpose of going there? To visit my sister and listen music Who were there? Brother,Bonifacio and 2 other friends of my sister Have you executed an affidavit? Yes. Showing this affidavit, marked as Exhibit B, Who’s signature is this? Mine. How is this affidavit related to you? Same affidavit I made. We manifest that the witness identified the signature found in the affidavit. We pray that this signature be mark as Exhibit B-1
Court Prosecution Monreal Monreal Prosecution Monreal Prosecution Monreal
: : : : : : : :
Prosecution
:
Monreal
:
Prosecution Monreal Prosecution Monreal Prosecution Monreal Prosecution Monreal
: : : : : : : :
Prosecution Monreal Prosecution Defense Court Prosecution Monreal Prosecution Monreal Prosecution Monreal
: : : : : : : : : : :
Prosecution Monreal Prosecution Monreal Prosecution Monreal
: : : : : :
Prosecution Monreal Prosecution Monreal Prosecution Monreal Prosecution Defense
: : : : : : : : : : : : : :
Prosecution Monreal Prosecution Monreal Prosecution
Mark it To whom did you execute this affidavit? To Atty. Reagan Bolando Whose signature appearing in the affidavit? His signature How did you know that this signature is his? I was there when he affixed his signature We pray that the signature appearing above the name ofAtty. Bolando be mark as Exhibit B-2 In Item No. 2, You have said that you have a verbal tussle with your sister When my sister requested me to transfer the frequency of the raido, that causes our verbal tussle When your sister got angry, what was your action? I went out to stop the mode of argument or verbal tussle Where did you go? I went to the plaza? How far is your plaza? 30 meters When you went out, who did you met? I was just surprised that Brgy. Captain Torregosa approached me instantly and without provocation I was attacked. Torregosa confronted you with a steel pipe? After kicking my feet he paddled my back with steel pipe/ What was your reaction when he paddled and kicked you? Objection! The question is misleading. If it is alleged in the affidavit, the question is not misleading. What was your reaction when he paddled and kicked you? I have no time to react, I immediately fell down, How did you defend? I was not able to do so because he hit me first. I was injured. After he kicked you, What else did he do? He shouted “KIHA LANG MO KAY ATUBANGON MO BISAN ASA!” What did you do with the steel pipe? As far as I could remember. I fell down and I could mo longer recall Did he do something else? No more After that incident, what happened? My sister & brother came to rescue and brought me to the municipal health center How long did you stay? For 30 mins. After 30 mins, where did you go? My sister and brother brought me to the hospital of Carmen,Bohol What did the physician say? The attending Physician, I should be admitted. For how many days? Objection! It was not alleged in the affidavit. How many days? 7 days After your confinement, what did the doctor advised you? To gain full recovery, I should take time to rest for 15-30 days. How long?
Monreal Prosecution Monreal Prosecution Monreal Court Prosecution Monreal Prosecution Defense Court Prosecution Prosecution
: : : : : : : : : : : :
15-30 days How did you know the accused? I know him because he is our Brgy. Captain If the accused is in the court, can you point him? That one! The Witness is pointing Norman Torregosa How long is he a Brgy. Captain? For two terms How are you related with the accused? Objection! The Question is irrelevant Sustained! We would like to ask how are they related to know if there is a conflict between them/ : That’s all for the Witness
CROSS-EXAMINATION Court : Defense, ready for cross? Defense : Yes. May I approach the witness? Court : Proceed Defense : Who were inside the house of Jade? Monreal : Bonifacio and 2 other friends Defense : Can you name the other 2 friends? Prosecution : Objection! It is not stated in the affidavit Court : He testified. He may ask the name. Prosecution : We withdraw! Court : Witness may answer Monreal : I do not know their names, maybe my sister does. Defense : What were they doing? Monreal : When I arrived, they are just talking and I just turned the radio on. Defense : You said that there was a verbal tussle with Jade; you added that there was rising of voices? Do you think that the raising of voices was heard by your neighbors? Prosecution : Objection! It is asking for the opinion Court : Sustain! Prosecution : Withdraw! Defense : How far is your sister’s house to Torregosa’s? Monreal : Around 200 meters Defense : How far us 200 meter, estimate. Monreal : From here to capitol Defense : After the verbal tussle, you went to the plaza. What did you do? Monreal : I did not do anything. I just left the house to cut off the verbal tussle, to my surprise Brgy. Captain was there. Defense : He was already there? Monreal : No. We just encountered at the same way. Defense : Is it correct that you saw the Brgy. Captain approaching you? Monreal : I’ve seen him in surprise. Adversarial approach. Defense : You also alleged that he lifted your neck using a steel pipe Monreal : Not purely lifted. After kicking my feet struck my back, I fell down. That’s all as far as I can recall Defense : You said in you affidavit that without any provocation lifted my neck using a steel pipe and then kicked my feet and paddled my back using the same object. Are you saying that this is not correct? Monreal : It is correct. Defense : You said a while ago that not lifted with a steel pipe Monreal : Term may be confusing. I was injured because of the steel pipe
Defense Monreal Defense Monreal Defense RECESS Court
: Just to put in the record, you were saying that not lifted your beck using a steel pipe? : I cannot exactly recall. : Said a while ago, during the time of the attack, you were unemployed? : Yes! : That’s all : : The witness is called to the witness stand : You mentioned in your testimony that there were visitor in the house of your sister. Whose friends? : Sister’s : You don’t have any idea who are those? When I went there. They are already there. I don’t have any idea.
3
Court
: Call the case
Clerk of Court Court Prosecution
Court Defense
Court Prosecution Court Prosecution Court Prosecution Court Prosecution Court Interpreter Witness Prosecution Court Prosecution Court Prosecution Witness Prosecution Witness Prosecution Witness Prosecution Witness Prosecution Court Prosecution Witness Prosecution Witness Prosecution Court
: People of the Philippines Vs. Norman Torregosa Criminal Case No. 2344 for: Less Serious Physical Injuries and Abuse of Authority. : Appearances of the Prosecution : Same Appearance Atty. Reagan Bolando Assistant Prosecutor Atty. Jesrel Bolanio 2nd Assistant Prosecutor Atty. Basilito Robles Private Prosecutor : Appearances of the Defense : Same Appearances Atty. Harold Bayracal Atty. Maria Theresa Lim Atty. Michael Ligalig : Is the accused present? : The accused is present : Presentation for the 2nd witness : Jade Salingay : Are you ready? : Yes. : Call the witness : May we call Jade Salingay to stand in the witness stand : Raise your right hand. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth? State your personal circumstances. : I do. I am Jade Salingay, 33 years old, Married and resident of Barangay Subayon, Bilar Bohol. : We offer the testimony of Jade Salingay to prove that the accused inflicted the injury of the victim. : Proceed : May I approach the witness? : You may. : With regard with the Criminal Case No. 2344, Did you execute an affidavit? : Yes : Showing to you an affidavit, what is the relation of this affidavit to you? : My affidavit : Above the name affiant, Jade Salingay, Whose name is this? : My name : Above the name Jade Salingay, whose signature is this? : My signature : We pray that the signature of Jade Salingay will be mark as “Exhibit C1” : Mark it. : Before where did you execute this affidavit? : Atty. Reagan Bolando : Above the name of Atty. Reagan Bolando, There appears a signature. Whose signature is this? : Signature of Atty. Reagan Bolando : We pray that the signature of Atty. Reagan Bolando will be mark as “Exhibit C-2” : Mark it.
Prosecution Witness Prosecution Witness Prosecution Witness Prosecution Witness Defense Court Prosecution Witness
: : : : : : : : : : : :
Prosecution Witness Prosecution Witness Prosecution Witness Prosecution Witness Prosecution Witness Prosecution Witness Prosecution Witness
: : : : : : : : : : : : : :
Prosecution Witness Prosecution Witness Prosecution Witness
: : : : : :
Prosecution Witness Prosecution Witness Prosecution Witness
: : : : : :
Prosecution Witness Prosecution
: : :
Witness Prosecution Witness Prosecution Defense Court Prosecution Witness
: : : : : : : :
Do you affirm and confirm the authenticity of this affidavit? Yes Where were you on April 13, 2011? I was in my house. What’s the address of your house? Located at Barangay Subayon, Bilar, Bohol. On the date mentioned, whi was with you? My brother. Objection! The Counsel is coaching Do not coach, Counsel Tell us more about the verbal tussle that happened on April 13, 2011 That day we had a verbal tussle with my brother, Baldomero because he did not grant my request to dial another station. The station that announces the lotto result Where did you brother go after the verbal tussle? Went outside the house. Where did he go? Plaza How far is the plaza from your house? 30 meters. Where were you when Baldomero went out? Inside the house. Where particularly? Beside the window. Why were you standing beside the window? I’m shouting at my brother to come back to the house. While your brother is in the plaza, what did you saw? I saw our Barangay Captain murmuring in the plaza and he attacked my brother without any provocation. Who is that Barangay Capatain? Brgy. Capt. Norman Torregosa How did you know that He was Brgy. Capt. Torregosa? I saw him personally. What else transpired on that incident? I saw Brgy. Capt. Torregosa kicked the foot, paddled the back with a steel pipe and lifted the neck of my brother. What did your brother do? My brother did not fight back. What else happened? I saw my brother bleeding. Aside from the lifting, kicking, paddling, what else did you witnessed? I heard Brgy. Capt. Torregosa saying “KIHA LANG MO KAY ATUBANGON MO BISAN ASA!” How did you able to hear those words? Because Brgy. Capt. Torregosa was shouting or said it on a loud voice. After your brother was kicked, paddled and lifted, where did Brgy. Capt. Torregosa go? Went to his way home. During the incident, what did you do? Nothing because I was shocked. After the incident, what did you do? Objection! The question was asked twice The first question was during and the second question was after. After the incident, what did you do? I called my brother to get inside my house
Prosecution Witness Prosecution Court Defense Court Court Interpreter Court Defense Court Defense Witness Defense Witness Defense Witness Defense Witness Defense Prosecution Court Defense Witness Defense Witness Defense Witness Defense Witness Defense Witness Defense Witness Defense
: : : : : : :
When you called your brother, where was Torregosa at that time? I never seen him That’s all Cross We would like to have a recess. A minute/two. The court is in session. Silence is enjoined.
: : : : : : : : : : : : : : : : : : : : : : : : : : :
Witness Defense Witness Defense Witness Defense Court Prosecution Witness Prosecution Witness
: : : : : : : : : : :
Prosecution Court Defense Witness Defense Witness
: : : : : :
Is the Defense ready? Yes, May I approach the witness? Proceed Good evening. Good evening Were there other people during the incident? Yes Before the verbal tussle, what were you doing? Watching TV Where is your TV located? Sala. Can you please narrate… Objection! Do not let the witness narrate. What causes the verbal tussle? I asked my brother to dial the radio to another station. And your brother did not obey? Yes. How long was the verbal tussle? Only a few minutes because my brother went out immediately. What did you do immediately after the verbal tussle? I was still in the sala. What did you do? Watching tv. What was the TV show at that time? I can’t remember. In your testimony, you said that your house is 30 meters away from the plaza. Yes. Can you show the estimate of 30 meters? Here to Bojol’s You were saying that after the Verbal tussle, you were watching tv. Yes. That’s all. Re-direct After the verbal tussle, what did you do? Watching tv near the window Can you illustrate the incident? I was watching tv at that time when Baldomero went out the house. I stood up and call my brother to get inside the house and I saw Brgy. Capt. Torregosa That’s all. Re-Cross Madam witnesss, You suddenly got up and call your brother? No. I called my brother to come back and I saw Brgy. Captain Torregosa What else did you saw? I saw Brgy. Capt. Toregosa murmuring at the plaza and saw that he was
Defense Witness Defense
attacking my brother : When you saw the incident, was Brgy. Captain was already there? : Yes. : No further questions, Your Honor
4
Court
: Call the case
Clerk of Court Court Prosecution
Court Defense
Court Prosecution Court Prosecution Court Interpreter Witness Court Prosecution Court Prosecution
: People of the Philippines Vs. Norman Torregosa Criminal Case No. 2344 for: Less Serious Physical Injuries and Abuse of Authority. : Appearances of the Prosecution : Same Appearance Atty. Reagan Bolando Assistant Prosecutor Atty. Jesrel Bolanio 2nd Assistant Prosecutor Atty. Basilito Robles Private Prosecutor : Appearances of the Defense : Same Appearances Atty. Harold Bayracal Atty. Maria Theresa Lim Atty. Michael Ligalig : Who is your 3rd witness? : Our witness is Dr. Benito Francisco L. Tubaces V : Call him to the witness stand : May we call Dr. Benito Francisco L. Tubaces V to stand in the witness stand : Raise your right hand. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth? State your personal circumstances. : I am Dr. Benito Francisco L. Tubaces V, Single. : Your witness is a doctor? : Yes : State the purpose of presenting your witness : His testimony will affirm that the accused willfully, feloniously assult Baldomero
5
Court
: Call the case
Clerk of Court Court Prosecution
Court Defense
Court Prosecution Court Prosecution Court Prosecution Court Interpreter Witness
: People of the Philippines Vs. Norman Torregosa Criminal Case No. 2344 for: Less Serious Physical Injuries and Abuse of Authority. : Appearances of the Prosecution : Same Appearance Atty. Reagan Bolando Assistant Prosecutor Atty. Jesrel Bolanio 2nd Assistant Prosecutor Atty. Basilito Robles Private Prosecutor : Appearances of the Defense : Same Appearances Atty. Harold Bayracal Atty. Maria Theresa Lim : Presentation for the 4th and 5th witnesses? : Yes. : Are you ready? : Yes. : Call the witness : May we call Dr. Felicisimo Maghuyop to stand in the witness stand : Raise your right hand. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth? State your personal circumstances. : I do. I am Felicisimo Maghuyop, Medico-Legal Officer of Cong. Simeon G. Toribio Memorial Hospital, Carmen Bohol.
Prosecution Court Prosecution Witness Prosecution Witness
: We offer the testimony of Dr. Maghuyop as corroborative evidence to formally testify the content of the medico-legal. May I approach the witness? : Proceed. : Dr. Maghuyop, what is your highest educational attainment? : I finished medicine. : In what school? : University of the East
Prosecution Witness Prosecution Witness Prosecution Witness
: : : : : :
Prosecution Witness
What licensure did you take? Licensure for the physician. When did you took it? 1988 After that. Did you have a formal training? Resident Doctor at Gov. Celestino Gallares Memorial Hospital for 5 years : After that? : I was hired as a resident physician at Gov. Celestino Gallares Memorial Hospital and transferred to Cong. Simeon G. Toribio Memorial Hospital, Carmen Bohol.
Prosecution
: As what?
Witness Prosecution Witness Prosecution Witness
: : : : :
Resident Physician What do you do as a Resident Physician? I make Medico Legal What are your functions? I conduct examinations for physical injuries. Attend court hearing for the opinion in my medico legal.
Prosecution Witness Prosecution Witness Prosecution
: : : : :
Witness Prosecution
: :
Witness Prosecution
: :
Court Prosecution Witness
: : :
Prosecution Prosecution Witness Prosecution Witness Prosecution Witness Prosecution Witness Prosecution Court Defense Witness Defense
: : : : : : : : : : : : : :
Witness Defense Witness Defense Witness Defense Court Prosecution Court Prosecution Court Court Interpreter
: : : : : : : : : : : :
Witness Prosecution
: :
Court Prosecution Witness Prosecution Witness Prosecution
: : : : : :
How many years? 14 years. How many Medico legal have you executed? More or less 50 cases. Did you issue a medico legal on April 13, 2011 involving Baldomero Monreal, Jr.? Yes. Showing to you a document, whose signature appears above the name of Maghuyop? My signature. We pray that the signature above the name of Maghuyop will be mark as Exhibit D-1 Mark it Why did you execute a medico legal? Because the patient suffers injury and it is my duty to examine him and execute a medico legal. We pray your honor that he is qualified as an expert witness. According to your report, the victim has contusion Yes. Can you describe the type of contusion? The contusion is diagonal. What has been caused? Hit by a hard object. Located at the delicate part of the body near the spinal/ That’s all. Cross Good Evening Good Evening, Ma’am. The contusion of the upper back of the victim would be caused by a hard object? Yes. You cannot tell what kind of object? Yes. Is it also possible that the victim was not hit? Based on my findings, it was caused by a hard object. That’s all Any Re-direct? No, Your Honor. Call your next withness May we call PNP Chief Julius Ibaoc to stand in the witness stand Swear the Witness Raise your right hand. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth? State your personal circumstances. I Do. I am Julius Ibaoc PNP Chief of Police of Bilar Bohol Our 5th witness is Julius Ibaoc. We offer the testimony of Julius Ibaoc testify that there was an incident on April 13, 2011. May I approach the witness? Proceed How long are you in service? 50 years. How did you----Took & passed the exam. When was that?
Witness Prosecution Witness Prosecution Witness Prosecution Witness
: : : : : : :
Prosecution
:
Witness Prosecution Witness Prosecution Witness Prosecution
: : : : : :
Court Prosecution Witness Prosecution Court Defense
: : : : : :
1981 As of now, where are you assigned? Bilar, Bohol What is your position? Chief of Police As a chief of police, what are your duties and responsibilities? I conduct investigation. I render services and assistance. I issue also a certification of police blotter. You mentioned that you issue a police blotter. Did you issue a police blotter on April 13, 2011? Yes. Showing to you a document. How is this related to you. The Certificate of Police Blotter that I issued. Above the name Julius Ibaoc, Whose signature is this? My signature We pray that the signature above the name of Julius Ibaoc will be mark as Exhibit”F-1” Mark it. Do you confirm and affirm the validity of this document? Yes. That’s all, Your Honor. Cross No cross, Your Honor.
6
Court Clerk of Court Court Prosecution
Court Defense
Court Prosecution Court Prosecution Court Court Interpreter Witness Prosecution Witness Prosecution Witness Prosecution Witness Prosecution Witness Prosecution Witness Prosecution Witness Prosecution Witness Prosecution Witness Prosecution Witness Prosecution Witness Prosecution
: Call the case : People of the Philippines Vs. Norman Torregosa Criminal Case No. 2344 for: Less Serious Physical Injuries and Abuse of Authority. : Appearances of the Prosecution : Same Appearance Atty. Jesrel Bolanio 2nd Assistant Prosecutor Atty. Basilito Robles Private Prosecutor : Appearances of the Defense : Same Appearances Atty. Harold Bayracal Atty. Maria Theresa Lim : Today us schedules for the last presentation of the last witness of the prosecution. Is the prosecution ready? : Yes. : Call the witness : Our 6th witness is Artemia Robles. May I call Artemia Robles to stand in the witness stand. : Swear the witness. : Raise your right hand. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth? State your personal circumstances. : Artemia Robles, 55 years old, Residing at Subayon, Bilar and a housewife. : Where were you on April 13, 2011 : At home : At the same date, where were you at 11:00 AM? : At home : At the same date and time, was there unusual circumstance? : I was cooking for lunch that my son Bonifacio was running towards me and catching his breath and told me that his brother Baldomero is in trouble. : What was the manner of informing? : He was talking very fast and catching his breath : What did you do upon hearing Bonifacio? : I rushed to my daughter’s House (Jade Salingay) : Upon arriving at Jade’s, What did you see/observe? : I saw Baldomero sitting and wiping his bleeding nose. : What did you do upon seeing Baldomero that his nose was bleeding? : Comfort him and asked him what happened. : What did he say when you asked him what happened? : That Norman Torregosa lifted his neck using steel pipe, kicked his feet and paddled his back. : After what happened, what did Baldomero do? : He immediately went to the health center. : Did you report the incident? : Yes : What time?
Witness Prosecution Witness Prosecution Witness Prosecution
: : : : : :
Witness Prosecution
: :
Witness Prosecution Court Prosecution
: : : :
Witness Prosecution Witness Prosecution
: : : :
Court Prosecution Defense Court Court Interpreter Court Defense
: : : : :
Court: Defense Witness Defense Witness Defense Witness Defense Witness Defense Witness Defense Witness Defense Witness Defense Witness Defense Prosecution Court Witness Defense Witness
4:00-4:30PM Why did you not report it immediately? Because we had our lunch. Have you executed any affidavit? Yes. Showing to you a document, What is the relation of this document to you? The affidavit that I executed There is a signature above the name of Artemia Robles, Whose signature is this? My signature. We pray that the signature of Artemia Robles be mark as Exhibit G-1 Mark it. There is a signature above the name of Reagan Bolando, whose signature is this? His signature. Why did you say that it is his signature? I personally saw him affixing his signature. I would like to pray that the signature of Reagan Bolando will be mark as Exhibit G-2 Mark it. No further questions, your Honor. We would like to ask for a 5-minute break Granted. The court is in session, silence is enjoined.
: Is the defense ready? : Yes. May I approach the witness? : Proceed. : Artemia Robles, can you tell to the court the purpose in executing the affidavit. : Testify against the accused. : Why did you execute this affidavit? : I want to tell everyone what happened to my son. : You executed an affidavit to support your son.. : Yes, that’s actually my purpose : Mrs. Robles, in April 13, 2011, you said that you are inside your house? : Yes. : What are you doing? cooking for our lunch? : Cooking for our lunch? : What else? : Preparing for our lunch. : Before that did you see your son? : No, he was not home at that time. : Mrs. Robles, on April 13, 2011, Did you happen to see Norman Torregosa? : No. : Am I right that you are basing your testimony on hearsay? : Objection: : The witness may answer. : I am aware. : Mrs. Robles, you said that you did not see Norman Torregosa on April 13, 2011. : Yes
Defense Witness Defense Witness Defense Witness Prosecution
Court Prosecution
: : : : : : :
Did you see him hurting your son? No So, all you said is based on what you’ve heard? Yes. No more questions, your Honor.
That’s our last witness. Before we rest our case, we formally offer our exhibits. 1. Complaint- for the purpose that there is a case filed. 2. Affidavit of Monreal, Exhibit B and all its sub-markings- To prove that that the accused inflicted injuries upon the complainant. 3. Affidavit of Jade Salingay- to prove that the incident happened in the plaza 4. Medico-legal of Benito Francisco Tubaces, Exhibit D- to prove that the accused sustained physical injuries. 5. Exhibit E and all its sib-markings- Corroborative evidence. 6. Exhibit F and all its sub-markings-certification issued by Julius Ibaoc that there was an incident transpired. 7. Exhibit G and all its sub-markings-corroborative evidence : The court admits Exhibits A-G to form part of the evidence of the prosecution : With that your Honor, we rest our case.
7 Court Clerk of Court
Court Defense
Court
Court Defense Court Defense Court Defense Court Defense Court Court Interpreter Witness Court Interpreter Court Defense Defense Witness Defense Witness
Defense Witness Defense Witness Defense Witness Defense Witness Defense
: Call the case : People of the Philippines Vs. Norman Torregosa Criminal Case No. 2344 for: Less Serious Physical Injuries and Abuse of Authority. This is for arraignment : Appearances for Prosecution : Atty. Reagan Bolando Assistant Prosecutor Atty. Jesrel Bolanio 2nd Assistant Prosecutor Atty. Basilito Robles Private Prosecutor : Appearance for Defense : Atty. Harold Bayracal Atty. Maria Theresa Lim : Presentation of 1st witness for the defense. Is the defense ready? : Yes. : Who is the 1st witness for the defense? : Your Honor, Atty. Michael Ligalig for the Defense. : The court is asking if the defense is ready to present their witness. : The defense is ready for the presentation of our 1st witness. : Call the witness. : May we call Norman Torregosa to stand in the witness stand : Swear the witness. : Raise your right hand. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth? State your personal circumstances. : I do. I am Norman Torregosa, married, resident of Subayon, Bilar, College graduate, incumbent Barangay Captain and I am the accused in this case. : The accused is ready. : State the purpose in presenting your witness. : The purpose is to rebut the alleged accusation that he caused the injurt sustained by Monreal Baldomero, : Mr. Witness, how long are you the Barangay Captain in Subayon, Bilar? : It is my 2nd term now. Basically, I’m in the service for almost 5 years. : : In the first place I was elected as Barangay kagawad in Subayon, Bilar. I realized that I can do more and I heard the voice of the people in Bilar that they want me to run as a Barangay Captain. So, I decided to run as a Barangay Captain. : Was it a landslide victory? : Modesty aside, yes. : Mr. Torregosa, before you appeared in this court, have you appeared to any court prior to this appearance? : Never. : Never been accused before? : No. : Are you married? : Yes. : Do you have children?
Witness Defense Witness Defense Prosecution Court Defense Witness Defense Witness Defense Witness Defense Witness Defense Witness Defense Witness Defense Witness Defense Witness Defense Witness
: : : : : : : : : : : : : : : : : : : : : : : :
Defense Witness Defense Witness Defense Witness
: : : : : :
Defense Witness Defense Prosecution Court Defense Witness Defense Witness Defense Witness
: : : : : : : : : : :
Defense Witness Defense Witness Defense Witness
: : : : : :
Defense Witness
: :
Yes. Did you finish college? Yes. Agriculture in Bilar. Before you elected, you were working in a private sector? Objection! Leading. Sustain. On April 13, 2011, where were you at that time? I was at my house putting my child to sleep. So you were putting your child to sleep, you were inside your house? Yes. How old is your child? 2 years old. Before putting your child to sleep, what were you doing? I’m just inside the house. While putting your child to sleep, did you keep a steel pipe beside you? No, I have no reason to keep a steel pipe. Do you own a steel pipe? No. Why did you go outside? When I was putting my child to sleep, I heard a noise from our neighbor. How long was the noise took place? It was quite a time. That was your reason why you went outside? Yes, that was basically my reason. To check because Jade was calling for help. What were the words you heard? I heard it in a vernacular. “Tabang” How did you know that it was the voice of Jade? We were neighbor for quite a time. I am familiar with her voice. ------------I never went to the house of jade because I was watching over my child till my wife took over in taking care of my child. The children of Jade were crying so I was alarmed. You were alarmed by the cry? Yes. You were aware of your duties? Leading Mr. Ligalig, please refrain from asking leading questions. Did you see anyone when you went outside? Yes, I saw Ho and Sayon. Did you also see the complainant? No, not yet at that time. What happened next? I heard Baldomero who was challenging everyone in the house. I believe at that time he was intoxicated with alcohol because they were having a drinking session. What did you do next? I immediately rushed to the house of Jade. You know your duty as a Barangay Captain, What kind of duty? To protect the people in our place and to maintain peace and order. Did you attend a seminar? Prior to the assumption of duties, there was seminar conducted to inform our function. What are your other functions? In the Local Government code, a Barangay Captain can arrest in pursuance
Defense Witness
: :
Defense Witness
: :
Defense Witness Defense Witness Defense Witness Defense Witness Defense Prosecution Court Defense Witness
: : : : : : : : : : : : :
Defense Prosecution Court Defense Witness Defense Witness
: : : : : : :
Defense Witness Defense Witness Defense Court Defense Witness Defense Witness Defense Witness Defense Witness Defense Witness
: : : : : : : : : : : : : : : :
Defense Court Defense Court
: : : :
in the peace and order, protection of life and property of our citizen. What did you do when you see Baldomero Monreal at that time? When I was about ot enter the premise of Jade. Baldomero was about to go out. He was in a hurry in going out. There was no conversation between us. He stumbled at the bamboo fence of Jade, What happened next? I was trying to help him get up, no intention to arrest him because my information was not complete to arrest him. When I was about to help him, he threw punches at me. How did you know that he was drunk? His behavior and I have knowledge that he had a drinking session. How did you know that he had a drinking session? I knew it early in the morning. What did you do next? I arrest him and bring him to tanod outpost. Why will you bring him to tanod outpost? I was sure that he committed an offense. While you were holding Baldomero, did you kick him? Leading! Leading. What happened next? It was a simple way of arresting him. His sister approach me and asked me not to arrest his brother because she does not want that his brother will be imprison again and she said to consider the behavior of Baldomero that he is a trouble maker when he’s drunk. When you heard Jade asking you not to arrest Baldomero…. Leading! Leading. Were you the Barangay Capatain at that time? Yes. Did you succeed in arresting Baldomero? No, I took pity in Jade. I released Baldomero with an assurance that he will not hurt anyone. Out of Pity? Yes. What happened next? After I released him, I went home and had lunch with my family. Did you execute this affidavit? Lay the basis. Have you executed an affidavit? Yes. Is this the affidavit you executed? Yes, Exactly the same. Is this your signature? Yes. When you executed this affidavit, does anyone help you? With the presence of my counsel, Atty. Maria Theresa Lim. After the incident, how did you know that there is a case filed against you? I was surprised, considering that I was performing my function as a Barangay Captain. I could not remember any reason that he will file such case because Baldomero and I are good neighbors. I pray that the signature of Norman Torregosa will be mark as Exhibit 1-A Mark it! No further questions. Is the Prosecution ready to cross?
Prosecution Court
: Yes. May I approach the witness? : Yes.
Prosecution Witness Prosecution
: Good evening, Mr. Witness : Good evening. : You mentioned earlier that you heard Baldomero challenging everyone. How did you know that Baldomero was challenging everyone? : Basically, I heard the vernacular language at that time. : When you said challenging, who are you referring? : There were noise, I presumed there are also other people inside. I heard Jade crying asking for help so with her children. : So, it was all a presumption? : No, I personally heard other people inside the house of Jade. : The only person is Jade? : Jade and her children, there were friends of Jade in the premises, Ho and Sayon. : How did you know that they are the friends of Jade? : They are all residing at Subayon, Bilar and ther are voters of Subayon, Bilar. : You mentioned that he was intoxicated, how did you know? : Aside from the fact that he had a drinking spree, I could also tell by hearing the voice of someone who is not normal. : So, you are all basing it by your conclusion because you have just heard his voice? : Yes. : How did you know that there was a drinking spree? : As early in the morning. I saw Ho and Sayon bought a wine; there was a store near our house. Baldomero is a habitual drinker of that wine, a presumption that there was a drinking session. : Only a presumption? : Yes. : Could you remember what kind of wine? : Green perico—favorite drink of Baldomero. : You said that it was a presumption that ho & Sayon had a drinking session. : No, because they went immediately to the house of Jade. There is no more imagination that they were in a drinking spree. Ho & Sayon are also our witness, you can ask them. : Did you see Baldomero having a drinking spree of the said wine? : No. : No drinking spree transpired? : Objection! Trying to confuse the client. : You said that you heard that there’s an asking of help? : I heard it when I put my child to sleep. : How certain are you that the voices you heard are the children of Jade? : No other children within our premises or neighborhood other than Jade’s. : Are the children of school age? : Objection! Irrelevant. : The court may allow the witness to answer. : Yes, 5 to 6 years old. : How did you know Baldomero is trying to escape? : I was about to enter at the backyard, I noticed Baldomero trying to escape. : How far are you from Baldomero when you notice him? : 10-15 meters away. : What do you mean premise. Inside or outside? : I am already inside the fence.
Witness Prosecution Witness Prosecution Witness Prosecution Witness Prosecution Witness Prosecution Witness Prosecution Witness Prosecution Witness Prosecution Witness Prosecution Witness Prosecution Witness Prosecution Witness Prosecution Defense Prosecution Witness Prosecution Witness Prosecution Defense Court Witness Prosecution Witness Prosecution Witness Prosecution Witness
Prosecution Witness Prosecution Witness
: : : :
Prosecution Witness Prosecution Defense Court Prosecution
: : : : : :
Defense Court
: :
Witness
:
Court Witness Court Witness Prosecution
: : : : :
Defense Court
: :
Witness Court Witness Prosecution Witness
: : : : :
Prosecution Witness Prosecution
: : :
Witness Prosecution Witness Prosecution
: : : :
Witness
:
Prosecution Witness Prosecution Witness Prosecution
: : : : :
Witness Prosecution
: :
Inside the fence of Jade? Yes. You said that Baldomero ran away, what direction? I am in the front yard, Baldomero attempted to run away at the opposite of my direction. How did you know that when Baldomero ran way, he intended to flee? When he ran away, he was trying to avoid something. Could it be possible that he will just vomit? Objection! Leading. It calls for an opinion. Next question. Demonstrate how Baldomero fell down at the fence that his back landed first. Objection: This is not a circus. Let the witness explain in words if we cannot understand, let him demonstrate. Can you describe how Baldomero fell down at that time? When I was about to enter the house of Jade, I was in the premise when I saw Baldomero running outside; he lost balance and stumbled at the bamboo fence, his back landed first. Did he fall in the ground or lean in the fence? It was not directly landed in the ground. Was the fence standing before he hit it? Perfectly erected but not too strong if an object will bump. I could not picture out how could he stumble if his back first landed when he was running Objection! The counsel is arguing. The court does not find it arguing. The prosecution asked for clarification. The court will allow for demonstration. He was about to exit when he slip, he stumbled and his back landed first. Are you saying that he stumbled at the gate? More or less, yes. When Baldomero fell, what did you do? Trying to help him in getting up but he was not on his proper mind, he threw punches. Are you trying to arrest him? No intention to arrest him. In your counter affidavit that you will bring him to the Barangay tanod, so, what was that? That is the time were I already arrested him after throwing punches. When you held Baldomero, you were trying to arrest him? My intention is not the holding but the other way. In your 2nd term as a Barangay tanod, is it your first time to encounter this kind of event? Yes. If there were any incidents like this there were Barangay tanods with m me. It is my first time to encounter that I am alone and no Barangay tanods are with me. How far is the Barangay Tanod to your house? 50 meters. You did not bother to cal a Barangay tanod? There is no way to do so because it was an emergency. Before you go to the house of Jade. You did not bother to go first to the outpost? No, it is impractical to go first to the outpost. When you arrived at the house of Jade, were there other people around aside from Ho and Sayon?
Witness Prosecution Witness Prosecution Witness Prosecution Defense Court Witness Court Witness Prosecution Court Defense Witness Defense Witness Defense Witness Defense Court Prosecution Court
: No. : What did Sayon and Ho do when the saw you? They did not help? : They trusted me as a Barangay captain, I believe that the believe that I can handle the situation. : They did not bother to help? : No. : Where did they stay? : Objection! : The witness may answer if he saw them. Did you see them? : Yes. : Where did they stay? : Inside the premise of Jade. : That’s all, : Any re-direct? : During the time when Baldomero fell, did you approach him? : Yes. : What can you observe when you were near him aside from being drunk? : He was so wild, he was not in his sanity. : Aside from his behavior, you think that he was drunk? : I held his collar, I could smell his breath and he was positive of alcohol. : That would be all. : Any re-cross? : None. : The witness is excused.
8 Court Clerk of Court
Court Defense
Court
: Call the case : People of the Philippines Vs. Norman Torregosa Criminal Case No. 2344 for: Less Serious Physical Injuries and Abuse of Authority. This is for arraignment : Appearances for Prosecution : Atty. Reagan Bolando Assistant Prosecutor Atty. Jesrel Bolanio 2nd Assistant Prosecutor Atty. Basilito Robles Private Prosecutor : Appearance for Defense : Atty. Harold Bayracal Atty. Maria Theresa Lim Atty. Michael Ligalig
View more...
Comments
