Tsn July 25 2015 Trial Minutes
Short Description
TSN...
Description
Republic of the Philippines REGIONAL TRIAL COURT National Capital Jurical Region Branch ___, Makati City
PEOPLE OF THE PHILIPPINES, Plaintiff, -versus-
Criminal Case No. 868686 For: Violation of Section 5, Article II of R.A. No. 9165
JOHNNY DEPP y CHRISTOPHER a.k.a. MAD HATTER Accused. X==================================X TRANSCRIPT of the stenographic notes taken during the trial and held at the Sala of this Court on July 25, 2015, at 3:10 P.M. before the HON. MARJORIE UYENGCONOLASCO, Presiding Judge. PRESENT: FOR THE COURT: Ms. CLEMENTINE VILLANUEVA Branch Clerk of Court Ms. MA. VICTORIA CASTILLO Stenographer
APPEARANCE: Hon. THE DORMOUSE (by Erika Magpayo) City Prosecutor
CRIM. CASE NO. 868686 TSN – July 25, 2015 M.V.M. Castillo
Hon. THE DOORMAT( by Irish Cabrera) Assistant City Prosecutor Atty. BERNHARD FULGENCIO Defense Counsel Atty. KRISTIE XYLA AMARO Defense Co-Counsel X---------------------------------------------------------------------------------------------------X (AFTER THE CASE WAS CALLED) COURT: Let us hear from the Prosecution who the first witness will be. Fiscal? HON. THE DORMOUSE: Your Honor, our first witness will be PO2 Alice D. Wonderful, the arresting officer. COURT: PO2 Alice D. Wonderful, please take the witness stand. (To Branch Clerk of Court) Swear in the witness. BRANCH CLERK OF COURT: Do you swear to tell the truth,and the whole truth, and nothing but the truth? PO2 ALICE D. WONDERFUL: I do. So help me God. BRANCH CLERK OF COURT: Please state your personal circumstances.
CRIM. CASE NO. 868686 TSN – July 25, 2015 M.V.M. Castillo
PO2 ALICE D. WONDERFUL: My name is PO2 Alice D. Wonderful. I reside at Twin Towers Apartment, San Lorenzo Village, Makati City. I am currently assigned as an operative at the Anti-Illegal Drugs Station, Makati, Special Task Force Group, Makati City Police Department. BRANCH CLERK OF COURT: The witness is ready. COURT: Offer HON. THE DORMOUSE: Your Honor, the testimony of PO2 Alice D. Wonder is being offered in evidence to prove the charge of sale of illegal drugs as a violation of sec 5 art 2 of ra9165 and she is presented as an eyewitness to the incident for she acted as the poseur buyer in the said sale. And she will be testifying to all incidents that transpired before during and after the arrest and she will also be identifying the accused YH. COURT: Alright. HON. THE DORMOUSE:: With the kind permission of this court COURT: Comment to the offer ATTY. AMARO:
CRIM. CASE NO. 868686 TSN – July 25, 2015 M.V.M. Castillo
No objections to the formal offer YH but subject to crossexamination. COURT: Proceed, Fiscal HON. THE DORMOUSE: With the kind permission of this honourable court, COURT: Proceed HON. THE DORMOUSE: Thank you Your Honor. Good afternoon, Madame Witness. You said that you were, when you were asked of your personal circumstances, you said that you were police officer, right?
PO2 ALICE D. WONDERFUL: Yes. That is correct. HON. THE DORMOUSE: When did you become a member of the Philippine National Police? PO2 ALICE D. WONDERFUL: It was in 2010 HON. THE DORMOUSE: 2010. Meaning you are already 5 years in the service, right? PO2 ALICE D. WONDERFUL:
CRIM. CASE NO. 868686 TSN – July 25, 2015 M.V.M. Castillo
Yes
HON. THE DORMOUSE: And what is your present assignment?
PO2 ALICE D. WONDERFUL: I am presently assigned as an operative of the AntiIllegal Drugs Station of the Special Operations Task Force at Makati Central Police Office HON. THE DORMOUSE: In the said division who is your division chief or head? PO2 ALICE D. WONDERFUL: It is Police Chief Inspector Pillar, Caterpillar HON. THE DORMOUSE: And what is the function of your office, Madame Witness? PO2 ALICE D. WONDERFUL: We address the issue of illegal drugs. We respond to tips from concerned citizens and we also operate on the orders or reports forwarded to us by the PDEA. HON. THE DORMOUSE: Where is your area of responsibility MW? What is your area of responsibility? PO2 ALICE D. WONDERFUL: I mainly respond to tips and we
CRIM. CASE NO. 868686 TSN – July 25, 2015 M.V.M. Castillo
COURT: Area of responsibility HON. THE DORMOUSE: What is your area of responsibility here in Makati? PO2 ALICE D. WONDERFUL: Our area of responsibility covers all the 34 barangays of Makati City including Barangay Wonderland. HON. THE DORMOUSE: You have said that you respond to cases involving illegal drugs, right?
PO2 ALICE D. WONDERFUL: Yes HON. THE DORMOUSE: And how do you know if there are any illegal drugs transactions happening within the area of your responsibility? PO2 ALICE D. WONDERFUL: Mainly we receive tips from concerned citizens. Sometimes reports coming from them. HON. THE DORMOUSE: And how do you act or respond to these reports or tips? PO2 ALICE D. WONDERFUL: We conduct first of all surveillances and we validate these tips by going to the area
CRIM. CASE NO. 868686 TSN – July 25, 2015 M.V.M. Castillo
COURT: May we interrupt, Fiscal and Defense Counsel, did the Prosecution and Defense not agree to the use of the Judicial Affidavit Rule for this case? DEFENSE and PROSECUTION COUNSELS: No Your Honor. COURT: The Defense is not amenable to using the JAR? ATTY. AMARO: No Your Honor. COURT: Why not? ATTY. AMARO: Because we would want to hear personally the testimonies of the witnesses in open court. COURT: Alright. Proceed HON. THE DORMOUSE: Thank you Your Honor. On June 19, 2015, during that morning, can you still remember where you were?
PO2 ALICE D. WONDERFUL: I went to report to the office. HON. THE DORMOUSE: And do you recall being given a mission by your superior officer?
CRIM. CASE NO. 868686 TSN – July 25, 2015 M.V.M. Castillo
PO2 ALICE D. WONDERFUL: Yes I do COURT: Proceed HON. THE DORMOUSE: What was the mission given to you by your superior on June 19, 2015? PO2 ALICE D. WONDERFUL: We were ordered by Police Chief Inspector Pillar to verify a tip that he received from a concerned citizen. HON. THE DORMOUSE: Then it was a concerned citizen. Were you able to verify the said complaint? PO2 ALICE D. WONDERFUL: Yes we were able to verify. COURT: Please speak in a louder voice Fiscal and Ms. Witness because our audience must hear your answers. Please proceed. HON. THE DORMOUSE: How did you verify the complaint or tip? PO2 ALICE D. WONDERFUL: So myself and PO1 Queen O Hearts went to the area and then we, it was with the help of our confidential informant.
CRIM. CASE NO. 868686 TSN – July 25, 2015 M.V.M. Castillo
HON. THE DORMOUSE: What did your regular confidential informant tell you, if any? PO2 ALICE D. WONDERFUL: He told us that Mr. Johnny Depp y Christopher also known as Mad Hatter sells shabu in Barangay Wonderland and he even provided us with description of this person. HON. THE DORMOUSE: What else did he tell you other than that if there is any? PO2 ALICE D. WONDERFUL: He even pointed to us the subject of the complaint. HON. THE DORMOUSE: What do you mean that he pointed to you the subject, Madam Witness? PO2 ALICE D. WONDERFUL: He pointed to us with his finger the exact person that we were supposed to verify as the seller of shabu in that area and we were able to see this person. HON. THE DORMOUSE: What was the name of the person that your regular confidential informant pointed to you? PO2 ALICE D. WONDERFUL: His name is Johnny Christopher Depp and he is known as Mad Hatter. HON. THE DORMOUSE:
CRIM. CASE NO. 868686 TSN – July 25, 2015 M.V.M. Castillo
Were you able to verify that fact that Johnny Depp y Christopher is the same as the Mad Hatter?
PO2 ALICE D. WONDERFUL: Yes, we were in the area so we spoke to Barangay Kagawad March Hare and he said that he is Johnny Depp y Christopher and he is known in the area as Mad Hatter. HON. THE DORMOUSE: And after the positive confirmation of the tip, what did you do after that? PO2 ALICE D. WONDERFUL: We called our superior, Chief Pillar and then after that we returned to our office. HON. THE DORMOUSE: And what happened next if there is any? PO2 ALICE D. WONDERFUL: So we spoke with our superior and then he ordered us to coordinate with the Department of Anti-Illegal Drugs and eventually with the PDEA. So calls were made and we met with operatives, and we gathered all our documents and paraphernalia until 3pm of that day we were able to conduct a briefing for the operation, for the buy-bust operation. HON. THE DORMOUSE: What is it that you talked about the possible conduct of buy-bust operation? PO2 ALICE D. WONDERFUL: So during the briefing we were assigned our roles. I was assigned as the poseur buyer. PO1 Queen O. Hearts
CRIM. CASE NO. 868686 TSN – July 25, 2015 M.V.M. Castillo
was assigned as arresting officer and PO2 Tweedle Dee, PO3 Tweedle Dum were assigned as backup officers, backup security. COURT: Miss Witness, please avoid lengthy narration. Just answer the questions as profounded. (To Fiscal) Please ask your Question. HON. THE DORMOUSE: What did you talk about during the pre-operation conduct regarding the possible buy-bust operation? PO2 ALICE D. WONDERFUL: We were briefed of our roles. We also marked the buy-bust money and we agreed on a pre-arranged signal to signal the consummation of the sale. HON. THE DORMOUSE: When was the target date for the possible conduct of the buy-bust operation? PO2 ALICE D. WONDERFUL: Possibly the next day. HON. THE DORMOUSE: As you have said, the possible date of the conduct of the buy-bust operation is the following day which is June 30, 2015. So what happened that following day? PO2 ALICE D. WONDERFUL: The following day, at around 8 o’clock in the morning. DEFENSE COUNSEL (Atty. Marin):
CRIM. CASE NO. 868686 TSN – July 25, 2015 M.V.M. Castillo
Objection Your Honor, the Prosecutor is testifying on behalf of the witness. The witness did not mention any date.
HON. THE DORMOUSE: Your Honor, the answer of the witness to the previous question is that there is a possibility that the buy-bust operation will be conducted the following day. That’s why I asked that what happened the following day since there is a possibility of the buy-bust operation. COURT: The witness was already in the middle of testifying and answering the question. Let us proceed. The witness may continue answering HON. THE DORMOUSE: What happened the following day on June 30, 2015, if any? PO2 ALICE D. WONDERFUL: At around 8 am our superior Police Chief Inspector Pillar told us that he received a phone call from our confidential informant informing that Mr. Johnny Depp also known as Mad Hatter is selling drugs and he is seated outside Tea Party Sari-Sari Store seated on a bench. HON. THE DORMOUSE: What happened next after that? PO2 ALICE D. WONDERFUL: We immediately proceeded to Barangay Wonderland. HON. THE DORMOUSE:
CRIM. CASE NO. 868686 TSN – July 25, 2015 M.V.M. Castillo
And will you please describe the place when you arrived there? PO2 ALICE D. WONDERFUL: The place was crowded. There are a lot of bystanders. HON. THE DORMOUSE: Please describe the place PO2 ALICE D. WONDERFUL: The place was, there are a lot of locals and residents standing by the area, roaming around. HON. THE DORMOUSE: Upon seeing that, what is the first thing that you do? PO2 ALICE D. WONDERFUL: I carefully approached the subject. HON. THE DORMOUSE: Were you with someone when you approached the subject? PO2 ALICE D. WONDERFUL: I was alone. HON. THE DORMOUSE: You were alone when you approached the Mad Hatter? DEFENSE COUNSEL (Atty. Ramirez): Objection Your Honor. Question has no basis. COURT:
CRIM. CASE NO. 868686 TSN – July 25, 2015 M.V.M. Castillo
Reform your question. HON. THE DORMOUSE: Your term subject, who or what are you referring to? PO2 ALICE D. WONDERFUL: I was referring to the location, Tea Party Sari-Sari Store. COURT: That is the subject the sari-sari store? Who or what is the subject and the answer is the sari-sari store? You want a translator? Asan na yung interpreter natin? Si Branch Clerk of Court. Atty. Villanueva kindly translate. BRANCH CLERK OF COURT: Sino o Ano daw yung tinutukoy mo kanina? ATTY. FULGENCIO: May we direct the witness to be responsive? COURT: Alright witness, you understand. Just answer the question. Let’s repeat the question, Atty. Villanueva. BRANCH CLERK OF COURT: Ano daw o sino yung tinutukoy mo kanina? PO2 ALICE D. WONDERFUL: Mad Hatter, Johnny Depp HON. THE DORMOUSE: So the subject you are referring to is Mad Hatter which is Johnny Depp y Christopher, right?
CRIM. CASE NO. 868686 TSN – July 25, 2015 M.V.M. Castillo
ATTY. FULGENCIO: Objection COURT: Reform your question please. HON. THE DORMOUSE: Is Johnny Depp the person you charged with the offense? DEFENSE COUNSEL (Atty. Marin): Objection. Leading. COURT: Reform. HON. THE DORMOUSE: What is the relation between Johnny Depp y Christopher and the Mad Hatter if any? COURT: The witness may answer. PO2 ALICE D. WONDERFUL: He is one and the same person. COURT: Proceed.
HON. THE DORMOUSE: And when you approached the subject, Mad Hatter, what happened or what did you do?
CRIM. CASE NO. 868686 TSN – July 25, 2015 M.V.M. Castillo
PO2 ALICE D. WONDERFUL: The confidential informant approached me. HON. THE DORMOUSE: What happened next after that, if any? PO2 ALICE D. WONDERFUL: The confidential informant introduced me to Mad Hatter as a buyer of shabu HON. THE DORMOUSE: Then is there anything that happened after that? DEFENSE COUNSEL: Objection, leading. HON. THE DORMOUSE: Is there anything that happened after that, if any? PO2 ALICE D. WONDERFUL: The confidential informant said,”Bossing, iiskor ‘to ng tobats” HON. THE DORMOUSE: And what was the reply of the Mad Hatter? PO2 ALICE D. WONDERFUL: He asked me, “ Teh, magkano kailangan mo teh?” HON. THE DORMOUSE: And what was your reply to the answer of the Mad Hatter? PO2 ALICE D. WONDERFUL:
CRIM. CASE NO. 868686 TSN – July 25, 2015 M.V.M. Castillo
I replied that dos lang po bossing pagamit ko lang eh HON. THE DORMOUSE: And what happened next if any? PO2 ALICE D. WONDERFUL: I reached into my right-hand pocket for the buy-bust money and then I handed it to MH and then he immediately grabbed the 500 bill which is the buy-bust money and then he.. ATTY. FULGENCIO: Objection your Honor, the witness is narrating. COURT: And? ATTY. FULGENCIO: May she be reminded to answer the question without any narration. COURT: Alright. Ms. Witness, just answer the question as propounded. Please avoid any narrations. You are warned. PO2 ALICE D. WONDERFUL: Yes ma’am. HON. THE DORMOUSE: What happened next after that? PO2 ALICE D. WONDERFUL:
CRIM. CASE NO. 868686 TSN – July 25, 2015 M.V.M. Castillo
I reached into my front right pocket for the marked money. HON. THE DORMOUSE: And what happened next if any?
PO2 ALICE D. WONDERFUL: I immediately handed it over to Mad Hatter. HON. THE DORMOUSE: And what happened after that? PO2 ALICE D. WONDERFUL: Mad Hatter immediately grabbed the marked money and then placed it in his right back pocket. HON. THE DORMOUSE: And what happened after such action o0f the Mad Hatter? ATTY. AMARO: Objection Your Honor. The question is leading. HON. THE DORMOUSE: What happened after the action of the Mad Hatter, if any? COURT: Proceed. PO2 ALICE D. WONDERFUL: He reached into his left front pocket for something and then he drew out two heat-sealed plastic transparent sachets with powdered crystalline substances and then he
CRIM. CASE NO. 868686 TSN – July 25, 2015 M.V.M. Castillo
DEFENSE COUNSEL (Atty. Marin): Objection Your Honor. The witness is narrating again. May she be directed to answer the question directly.
COURT: Ms. Witness, I am this short from declaring you in contempt of court. This is your last warning. Go on a narration again and you will not be able to leave this building. Proceed. HON. THE DORMOUSE: What happened after that, if any? PO2 ALICE D. WONDERFUL: He reached into his left pocket. HON. THE DORMOUSE: And what happened next after that if any? PO2 ALICE D. WONDERFUL: He drew out two heat-sealed plastic sachets containing white powder crystalline substances. HON. THE DORMOUSE: And what happened next after that? PO2 ALICE D. WONDERFUL: He handed it to me. HON. THE DORMOUSE: Sorry?
CRIM. CASE NO. 868686 TSN – July 25, 2015 M.V.M. Castillo
PO2 ALICE D. WONDERFUL: He handed it to me HON. THE DORMOUSE: And after that, what happened next if any? PO2 ALICE D. WONDERFUL: So I proceeded to demonstrate the pre-arranged signal. HON. THE DORMOUSE: And what is that pre-arranged signal, Madame Witness? PO2 ALICE D. WONDERFUL: I removed my blue baseball cap and then scratched my right ear. HON. THE DORMOUSE: And what happened after that if any? PO2 ALICE D. WONDERFUL: The arresting officers and the backup officers approached us. HON. THE DORMOUSE: And what happened after that if any? PO2 ALICE D. WONDERFUL: I positioned myself in such a way that I would be able to restrain Mad Hatter. HON. THE DORMOUSE: And what happened next after that if any?
CRIM. CASE NO. 868686 TSN – July 25, 2015 M.V.M. Castillo
PO2 ALICE D. WONDERFUL: PO1 Queen O. Hearts proceeded to the arrest of Mad Hatter. HON. THE DORMOUSE: And what happened after that if any? PO2 ALICE D. WONDERFUL: She handcuffed Mad Hatter. HON. THE DORMOUSE: And what happened next, if any? PO2 ALICE D. WONDERFUL: She introduced us as police officers and stated the nature of the arrest and we read to him the rights of the arrested person under HON. THE DORMOUSE: And what happened next, if any? PO2 ALICE D. WONDERFUL: She frisked Mad Hatter. HON. THE DORMOUSE: And what else happened after that if any? PO2 ALICE D. WONDERFUL: Queen O. Hearts was able to recover 2 pieces of nondrug evidence from Mad Hatter. COURT:
CRIM. CASE NO. 868686 TSN – July 25, 2015 M.V.M. Castillo
Recovered what? Can you repeat your last answer? Queen O Hearts recovered? PO2 ALICE D. WONDERFUL: 2 pieces of non-drug evidence. COURT: Non-drug evidence. What is that non-drug evidence that Queen O. Hearts recovered? PO2 ALICE D. WONDERFUL: A cellphone and the marked money. COURT: Proceed. HON. THE DORMOUSE: And what happened after that if there is any? PO2 ALICE D. WONDERFUL: I proceeded to put the 2 heat-sealed transparent sachets in a ziplock. HON. THE DORMOUSE: And what happened next, if any? PO2 ALICE D. WONDERFUL: We called Police Chief Inspector Pillar. HON. THE DORMOUSE: You were able to arrest someone and who is this person? PO2 ALICE D. WONDERFUL: It was Johnny Depp also known as Mad Hatter.
CRIM. CASE NO. 868686 TSN – July 25, 2015 M.V.M. Castillo
HON. THE DORMOUSE: If the suspect or your subject is here in court, would you be able to identify him? PO2 ALICE D. WONDERFUL: Yes. HON. THE DORMOUSE: Is he here? Can you point to us the person that you are talking about? DEFENSE COUNSEL (Atty. Molina): Objection. Compounded question. COURT: Only one question. Reform your question. HON. THE DORMOUSE: Will you be able to point him if he is here in Court? PO2 ALICE D. WONDERFUL: Yes. COURT: Alright. HON. THE DORMOUSE: Can you point him if he’s here? PO2 ALICE D. WONDERFUL: He’s over there (The witness pointed to the accused who is wearing a yellow detainee shirt.)
CRIM. CASE NO. 868686 TSN – July 25, 2015 M.V.M. Castillo
COURT: Atty. Villanueva, tanungin mo siya ng pangalan niya BRANCH CLERK OF COURT: Anong pangalan mo? JOHNNY DEPP: Johnny Depp COURT: Tanungin mo kung siya ito. Itanong mo rin, ang middle name mo ba Christopher? Ang nickname mo ba Mad Hatter? BRANCH CLERK OF COURT: Ang middle name mo ba Christopher? At ikaw din ba ay kilala bilang Mad Hatter? JOHNNY DEPP: Ang middle name ko po ay Christopher pero hindi po ako kilala bilang Mad Hatter. COURT: Proceed. HON. THE DORMOUSE: What is the relationship between the man you have just pointed to and the man pointed to you by your regular confidential informant? PO2 ALICE D. WONDERFUL: They are one and the same person. HON. THE DORMOUSE:
CRIM. CASE NO. 868686 TSN – July 25, 2015 M.V.M. Castillo
With regard to the arrest, what were the properties that you were able to seize from the accused, if any. PO2 ALICE D. WONDERFUL: We were able to seize cellphones, the buy-bust money and two heat-sealed plastic sachets. HON. THE DORMOUSE: Were you able to conduct an inventory of these properties? PO2 ALICE D. WONDERFUL: Yes. HON. THE DORMOUSE: And where did you conduct the inventory? PO2 ALICE D. WONDERFUL: At the nearest police station which is the Makati City Central Police HON. THE DORMOUSE: What happened next after the arrest, if any? PO2 ALICE D. WONDERFUL: We conducted an inventory and the actual photographing of the evidence. HON. THE DORMOUSE: And who were the people present during the inventory? DEFENSE COUNSEL (Atty. Marin): Objection Your Honor. Leading Question
CRIM. CASE NO. 868686 TSN – July 25, 2015 M.V.M. Castillo
HON. THE DORMOUSE: If any? COURT: Proceed. HON. THE DORMOUSE: Who were present during the inventory, if any? PO2 ALICE D. WONDERFUL: I was present. PO1 Hearts was present, Brgy Kagawad March Hare and Mr. Cheshire Cat of Wonderland and the suspect. HON. THE DORMOUSE: And how did you conduct the inventory? PO2 ALICE D. WONDERFUL: I marked the pieces of evidence. HON. THE DORMOUSE: And how are these evidence marked? PO2 ALICE D. WONDERFUL: First, the 2 heat sealed plastic sachets were marked as follows: first one with my initials ADW-1, my signature and the date 06302015 and the other one ADW-2 with my signature and the date 06302015 and also the marked money. HON. THE DORMOUSE: What else? DEFENSE COUNSEL (Atty. Marin):
CRIM. CASE NO. 868686 TSN – July 25, 2015 M.V.M. Castillo
Your Honor with all due respect, the Defense counsel would like to request the Prosecution for these alleged shabu seized from our client be produced in Court. COURT: Not yet. Let the witness first… her answer. I’m sure the Prosecution will be presenting these in due course. They know that their case would be severely affected if this shabu will not be presented. So I’m sure that they will try to present it. DEFENSE COUNSEL (Atty. Marin): Your Honor, with all due respect, this representation was not able to see this evidence being alleged by the Prosecution Your Honor. COURT: As I have said, in proper time, let us give time to the Prosecution to do his job of presenting this. Not at this point. I will allow the witness to complete his answer. So the witness was testifying on the markings, Kindly continue with your enumeration of the exhibits marked. PO2 ALICE D. WONDERFUL: And lastly, the marked money was, I marked it with my initials ADW, my signature and the date 06302015. COURT: Excuse me, Fiscal. (To PO2 Wonderful) Where did you mark these evidence? PO2 ALICE D. WONDERFUL: At the police station. HON. THE DORMOUSE:
CRIM. CASE NO. 868686 TSN – July 25, 2015 M.V.M. Castillo
What happened next if any after the marking of the evidence? PO2 ALICE D. WONDERFUL: I photographed it. HON. THE DORMOUSE: And what happened after that if any? PO2 ALICE D. WONDERFUL: I handed them over to our superior Police Chief Inspector Pillar. HON. THE DORMOUSE: And what happened next if any? PO2 ALICE D. WONDERFUL: We proceeded to the office. COURT: Alright. How many more questions or minutes do you need to complete the direct examination of the witness Fiscal? HON. THE DORMOUSE: Around 5 to 10 minutes. COURT: 5 to 10 minutes? It’s almost 5:00. Proceed. HON. THE DORMOUSE: What happened next after the marking and the turnover of the evidence?
CRIM. CASE NO. 868686 TSN – July 25, 2015 M.V.M. Castillo
PO2 ALICE D. WONDERFUL: We proceeded to the office to conduct the questioning. HON. THE DORMOUSE: And what were these questions that you asked during the questioning of the accused, if any? PO2 ALICE D. WONDERFUL: Mainly on the personal circumstances of the suspect. HON. THE DORMOUSE: What are the other instances when you were able to talk or converse with the accused if any? DEFENSE COUNSEL (Atty. Marin): Objection Your Honor, leading. COURT: Alright proceed. HON. THE DORMOUSE: What was the time when you made the marking of the evidence? PO2 ALICE D. WONDERFUL: It was the time when we immediately reached the police station. HON. THE DORMOUSE: And how long was it from the time the arrest was made? PO2 ALICE D. WONDERFUL: Around
CRIM. CASE NO. 868686 TSN – July 25, 2015 M.V.M. Castillo
ATTY. FULGENCIO: May we request that the previous answer of the accused be stricken off because it was not responsive to the question? COURT: What was the question? HON. THE DORMOUSE: What was the time of marking? COURT: And the answer was, immediately after arrival. So it’s responsive. That’s how she understands the question. If you’re asking for a specific time, that might come out later. That’s her answer. As far as the objection is concerned, the objection is overruled. The answer of the witness will remain on record. The motion is denied. Proceed. HON. THE DORMOUSE: At around what time did the marking take place? PO2 ALICE D. WONDERFUL: I believe it was around 8:50. HON. THE DORMOUSE: And how long was it from the time of the arrest? PO2 ALICE D. WONDERFUL: 20 minutes. COURT: Alright, may I go back to your earlier question. When you say 8:50, was this in the morning? Or in the evening?
CRIM. CASE NO. 868686 TSN – July 25, 2015 M.V.M. Castillo
PO2 ALICE D. WONDERFUL: In the morning. COURT: 20 minutes after? PO2 ALICE D. WONDERFUL: The arrest COURT: Proceed. HON. THE DORMOUSE: Your Honor, I would like to present a document entitled Inventory of The Seized Properties and Items and I would like to have it identified by the witness. COURT: Ask your question and make your witness identify. HON. THE DORMOUSE: Madame Witness I’m presenting to you a document entitled Inventory of the Seized Properties and Items and on its first page, the name PO2 Alice D. Wonderful is written with signature above it. Will you please identify whose signature is this? DEFENSE COUNSEL: Objection Your Honor, no basis. The witness did not testify that written inventory was prepared. HON. THE DORMOUSE: The witness made mention of the conduct of an inventory.
CRIM. CASE NO. 868686 TSN – July 25, 2015 M.V.M. Castillo
DEFENSE COUNSEL: Yes Your Honor, but she only mentioned that an inventory was conducted. She did not mention that the results of the inventory were reduced into writing so I’m objecting YH, no basis. HON. THE DORMOUSE: I’ll just ask the witness Your Honor. COURT: Alright. HON. THE DORMOUSE: Did you make any written inventory? DEFENSE COUNSEL: Objection Your Honor. HON. THE DORMOUSE: Madame Witness, what is the proof that you have if any to prove that the inventory was conducted? PO2 ALICE D. WONDERFUL: We made an inventory report. HON. THE DORMOUSE: I have here a document entitled Inventory of Seized Properties and Items with the name PO2 Alice D. Wonderful with a signature in it. Will you please identify if this is the same document you were referring to. PO2 ALICE D. WONDERFUL: Yes Your Honor. HON. THE DORMOUSE:
CRIM. CASE NO. 868686 TSN – July 25, 2015 M.V.M. Castillo
And the signature, whose signature is this? PO2 ALICE D. WONDERFUL: That is my signature. HON. THE DORMOUSE: Your Honor we pray that the document entitled Inventory of Seized Properties and Items be marked as Exhibit 1 and
COURT: Exhibit 1? HON. THE DORMOUSE: I. I’m sorry Your Honor. COURT: Was this not already marked during the Preliminary Conference? HON. THE DORMOUSE: Yes of course. The Prosecution manifests that the witness identified that this document is the document that she prepared during COURT: And what document is that? HON. THE DORMOUSE: It was entitled Inventory of Seized Properties and Items. COURT:
CRIM. CASE NO. 868686 TSN – July 25, 2015 M.V.M. Castillo
And what is the marking? HON. THE DORMOUSE: The markings written on this is that COURT: What is the marking of that identified document? It’s marked as Exhibit? HON. THE DORMOUSE: Exhibit I COURT: Exhibit I. It was already marked. And that is the original document? HON. THE DORMOUSE: The original document is with the copy of COURT: with the? HON. THE DORMOUSE: With the Court already Your Honor. COURT: So what you made the witness identify is just a photocopy? HON. THE DORMOUSE: Yes Your Honor. A faithful reproduction of it. COURT:
CRIM. CASE NO. 868686 TSN – July 25, 2015 M.V.M. Castillo
It has the stamp faithful reproduction? Where is the original of Exhibit I? You have to return it to me. Anyway, it would be better if you’ll have the witness identify the originally marked exhibit rather than a photocopy so that we won’t have any problems with having that. Make the witness identify that, si witness ang magaidentify. Alright proceed. HON. THE DORMOUSE: Madame Witness please identify if this is the same document that you signed during the conduct of the inventory. PO2 ALICE D. WONDERFUL: Yes that is. HON. THE DORMOUSE: We move that. It is manifested by the Prosecution that, the witness, Madame PO2 Wonderful identified that this is the same document that she made during the conduct of the COURT: You’re referring to what exhibit again? HON. THE DORMOUSE: Exhibit I Your Honor. COURT: Exhibit I. And that is the original? HON. THE DORMOUSE: Yes Your Honor. COURT:
CRIM. CASE NO. 868686 TSN – July 25, 2015 M.V.M. Castillo
And it’s part of court records? HON. THE DORMOUSE: Yes Your Honor. COURT: When you make your manifestation for exhibits, if it’s part of the court records it would be better if you also manifest that. Alright, so how long, how many more minutes? HON. THE DORMOUSE: Just for the identification of documents Your Honor.
COURT: How many documents will she be identifying? Marami pa? HON. THE DORMOUSE: No Your Honor. COURT: Alright of there are still other documents to be identified by the witness, might as well have the continuation of direct examination in the next setting and then we will proceed with her cross examination and with the presentation of the next prosecution’s witness. Any other case Miss Branch Clerk of Court. BRANCH CLERK OF COURT: No other case. COURT: Okay. All rise. Court session is now adjourned.
CRIM. CASE NO. 868686 TSN – July 25, 2015 M.V.M. Castillo
X-----------------------------------------------------------------------------------------------------X
CERTIFICATION This is to certify that the foregoing transcript is true and correct to the best of my knowledge and ability. Makati City, Philippines, July 25, 2015.
MA. VICTORIA M. CASTILLO St enographer
View more...
Comments