Transcript of Stenographic Notes

J- Fiscal Turqueza V- Atty. Vivian Nalupta P- Prosecutor Piso W- Witness Elpidio Manuel C- Clerk of Court P- Collaborating Prosecutor, Your Honor V- Your Honor for the defense J- Fiscal and Atty. Nalupta, you failed to sign the document of the record of the case. Can you please sign the pre-trial order counsels, together with the accused. Who is the Clerk of Court? Do not blank your side, both of them. J- Ok, so what Atty. Nalupta, do you want to continue the your defense? Who is your next witness? V- The other accused Elpino Manuel, Your Honor J- Atty. Nalupta, ... INTERPRETER- Ilangad mo ngard ti nagan mo ken sabali pay nga mangipaneknek ti kinataom. W- Siyak ni .... J- The Witness is ready, proceed. DIRECT EXAMINATION V- The testimony is being offered to prove that... and other related matters. Mr witness may you please state your personal matters? J- That is not the way to ask the witness, what is his relation to the other accused? V- Mr. Witness do you remember that you executed an affidavit? V- Mr. Witness do you recognize the signature appearing....? J- Ms. Nalupta, ask him if.... V- If this is your signature Mr. Witness, can you recognize the other signature? Clerk of Court – the witness recognized the signature appearing in the affidavit.

V- Do you recognize.... J- that us not how to do it, ...... V- since you recognized the this affidavit and signature, may I ask you when are (were) you on _____ of November 2015? W- We had a drinking spree with my friends at our brgy. with my son and Mr. Sudio V- Mr. Witness can you recall unusual incidents that transpired on that night? W- Yes Ma’am. V- Mr. Witness, can you narrate what transpired on that night? W- At that night, there was a commotion that involved the death of Mr Sudio..... V- Mr Witness, do you have an involvement on that incident? W – I admit that I was with my son during that night. V- mr witness, upon witnessing what you referred to us, what have you done? w- .... J- The court will ask for you, at what point in time that you were with your son? W- At the moment I was with my child and friends and had drinking session. J- At that time, were there unusual incidents that transpired? w- at that time, we were having a good time, but then suddenly, Mr. Sudio started the commotion. V- after you saw that commotion, what did you do? w- none ma’am. V- That’s all, Your Honor J- that’s all? That’s all? v- Mr. Witness why did you.... P- Objection, no basis. V- After seeing the commotion where did you go? W- I was there where we were drinking. J- After that what happened next?

w- after that commotion there was a physical fight involving my son (Panag-gabo) j- you said they were wrestling, who were wrestling? w- My friend Nathaniel and the rest of the company. J- so after that, what happened? w- I pacified them j- how did you pacify them? w- i tried to separate them from each other j- so you have done it? W- yes your honor j- if you say victim, who is you referring to? w- the person who died v- where did you go after that? w- ... v- how far is the house of Nathaniel from your house? w- approximately 100 steps away from our place v- which direction he was going ? w- southward v- so after going southward, that happened next? w- i saw that he harmed my son. v-how did he harm your son? w-he was holding a heavy thing v- how were you able to know that it was heavy? w- the way he hold it. v- what is the object? w-by that distance, it looks like a stone. v- so after witnessing that, what was your next move? w- ... v-How did the victim harm your son? w- with what he was holding, he threw that to the direction of my son v- what did you do after you saw that? w- when i saw my son almost lost his balance, i immediately followed them.

v- after following them, what did you do? w-.... v- Since they .... fight, were you able to pacify them? w- no v-when you were not able to pacify them, what did you do? w- none v- upon taking away your son from the victim, did you succeed in separating them? w- no ma’am v- So what did you do mr witness? w- when Nathaniel was about to hit my son, that was the time i did something. v-what did you do in order to protect your son? w- i used a thing v-what is that thing? w- wood j- when you saw that Nathaniel was about to injure your sone, what did you do? w- i pulled my son away v- were you able to pull your son? w-no ma’am because he was already weak due to injury he sustained v- what did you do next? w- being a father i tried to protect my son v-in whatr manner did you protect your son? w-I also hit him (Nathaniel) with a wood v- so after that what did you do next? w- to prevent further commotion, i took my son away. v- from that instance were you able to take him away? w- yes. That was also the reason so i went home v-what happened to your son then? w- when i saw that my son sustained wound on his head, i rushed him to the hospital

CROSS EXAMINATION p- Mr. Witness where is your house again? w- Brgy ..., Piddig, Ilocos Norte. p-Where is your house in relation with that of Nathaniel? w- it is quite far, little bit far p-how long have you known the victim? w-it is quite long time because we have been friends for almost 10 years. p-were you present at the time of harvest? w- Yes p- where you present at the drinking session? w- yes p-who was with you? w-my friends p-if you are present in the drinking session, did you see the incident when the victim punched alex? w-exactly sir p-can you describe the fighting? p- where were you then when the victim and son were grappling? w-i was at the place of drinking session p-how far the drinking session from the place of the grappling/wrestling? w- 10meters p-how did you know the commotion? w- i was there at the place of commotion p- you stated in your affidavit that you hit the victim, do you have an arm when you went there? w- no p- so where did you get the wood? w-at the place of the commotion p-so you mean the place of the commotion there were woods? w-yes there are some p-can you show how long is the wood? w-just like my arm (showing/describing the size of the wood, maybe 2 inches)

p- do you know who was the first to be hit when your son and the victim wrestling? w- I do not know p- SO when you were hitting the victim with the piece of wood, was he able to throw punches? w- i saw them punching each other p-was your son hit? w-yes p-in what part? w-(witness touching his shoulder part and back of his neck) p-did you sustain injuries? w-yes sir. p-what part of your body? w- -(witness touching his shoulder part and back of his neck) p-so if you sustained some injuries, why you were not able to acquire a medical certificate? w- because I was able to bear the pain and injuries.