Hope for the Flower

9 September 2016

Court Marilyn Avellano Cuento? Wilma Rosas? Atty. Cherry May P. Avellano For the people, your Honor. Atty. Leynard B. Atienza For the accused, your Honor. Court Ready? Atty. Cherry May P. Avellano Ready, your Honor for second call. SECOND CALL Court Marilyn Avellano Cuento? Wilma Rosas? Atty. Cherry May P. Avellano For the people, your Honor. Atty. Leynard B. Atienza For the accused, your Honor. Atty. Cherry May P. Avellano Wilma Virrey Rosas? Atty. Leynard B. Atienza Wilma kayo’y magkakamag-anak halos may posibilidad ba kayong magkaayos? Wilma Hindi naman po siya nalapit

Atty. Leynard B. Atienza Ay ngayon paghumingi ng tawad sa iyo payag ka ba? Wilma Opo basta po wag na lang mauulit. Atty. Cherry May P. Avellano Yon lang? Wala ka ng ibang hinihingi? Atty. Leynard B. Atienza Oh ano para maayos lang? Accused Ay sasabihin ko po duon sa matanda dahil sa ngayon po ay wala pong ilaw yong matanda kawawa naman. Atty. Leynard B. Atienza Kayo po ang nakahabla. Accused Sy opo. Atty. Leynard B. Atienza Ay sige , upo ka na. Atty. Cherry May P. Avellano May we call on Wilma Rosas to the witness stand. It’s for cross –examination. Interpreter

Hope for the Flower Essay Example

Same oath, your Honor. Cross-Examination Atty. Leynard B. Atienza Q Do you know Letecia Ramirez? A Yes, sir. Q How is she related to you? A Lola po ng asawa ko. Q And what was the name of your husband? A Romar Avellano. Q What is the relationship of Marilyn Avellano Cuento to Romar Avellano? A She’s the aunt of my husband. Q Prior to the incident which happened on June 17, 2010, is it true that you have a misunderstanding with accused Marilyn Avellano Cuento? A Yes, sir. Q And can you please tell to the Honorable Court what is that misunderstanding? Ang hindi ninyo napagkasunduan? A

About kuryente, yong service wirekami nap o ang bumili noon kasi po niluko niya si lola na ang bayarin dap o sa QUEZELCO ay more than 10,000. 00 na po ang nagastos nila ay hanggang ilang months na po ay hindi naikabit ang kuryente, sinugsug po naming ng aking beyanan at asawa pumunta po kami sa QUEZELCO yon pop ala ay hindi po binayaran ang service wire dahil wala daw pong available, kaya pumayag nap o kami na kami na ang bibili, kami pong mag asawa at yong tatay kop o ang nagbigay. Court Let’s remain in the vernacular. Q How about Gleceria Ramirez, do you have misunderstanding prior to June 17,2010? A

Ano nga po duon sa kuryente kasi nga po nakatira yong anak niya duon sa lola ko kasi nga po itong si Janice gusto po yong kuryente ay hindi nga po kami nagbigay ang gusto po ay siya ang masusunod ay ngaun ang sabi po naming dahil kami ang nag-ano, magbabayad kami ang ginawa po ay hinugot na lang po nila ang kuryente sa amin ng walang pasabi-sabi na hoy putang ina huhugutin ko. Q How about . . is it true that Madam Witness that you are accusing Janice Cuento and Gleceria Ramirez Cuneto for theft? A No, sir. Q How about, Madam Witness when the accused allegedly throw a stone and hit your stomach did you suffer any wound?

A None, sir. Q After accused allegedly hit your stomach you ran away, is that right? A Yes, sir and I went to my neighbour house. Q And is this neighbour of yours name Myrna Junterial? A Una po ay kay kuya Roy tapos po ay kay Mylene Junterial, sir. Q How far is your home to kuya Roy? A Just near almost five (5) armstrength. Q How about the house of Myrna Junterial, how far is it to your house? A Half kilometer po. Atty. Cherry May P. Avellano Half kilometre? A Approximately from this Court room up to the basket ball court. Q Madam Witness will you please describe the pathway of going to the house of your Kuya Roy?

A Yon pong hitsura? Court Kung sementado o lupa? A Lupa lang po. Q How about is it narrow or wide? Using your armstretch, how wide? A Almost 1 meter. Q Is there any other twist in the pathway? A None, sir. Q How about houses? A None, sir because there’s only 3 houses in the neighbourhood. Atty. Leynard B. Atienza No more question, your Honor. Court Re-direct? Atty. Cherry May P. Avellano Yes, your Honor. Re-direct Atty. Cherry May P. Avellano You said when the accused hit your stomach with the stone, there was no wound, now what happened to your stomach eventhough it was no wound? A Namula lang po dito. Interpreter

The witness is pointing to her left portion of the stomach, encircling something in the left portion of stomach. Calling this case for cross-examination of prosecutions witness, Wilma Rosas whose cross-examination was completed and her testimony is now considered terminated. In the meantime, continuation of presentation of prosecution’s evidence is set as previously scheduled on March 3, 2011 and April14, 2011 both at 1:30 o’clock in the afternoon. The presence of accused, Marilyn Cuento is noted. . January 13, 2011. SESSION ADJOURNED at 1:35 in the afternoon. x- – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – -x C E R T I F I C A T I O N I HEREBY CERTIFY that the foregoing transcript of stenographic notes is true and correct to the best of my knowledge, hearing and ability. January 13,2011. MARILYN Z. FLORALDE Court Stenographer 1 Republic of the Philippines MUNICIPAL CIRCUIT TRIAL COURT OF INFANTA-GEN. NAKAR Fourth Judicial Region Infanta, Quezon People of the Philippines, Plaintiff, Criminal Case No. OE-0530 For: Slander of A Serious -versus- and Insulting In Nature Mercy Recahuerta TATEL, Accused. x- – – – – – – – – — – – – — – – – / T R A N S C R I P T

OF THE STENOGRAPHIC NOTES TAKEN BY THE UNDERSIGNED DURING THE TRIAL OF THE ABOVE-ENTITLED CASE ON THE 13th DAY OF JANUARY 2011 AT 1:30 O’CLOCK IN THE AFTERNOON AT THE SESSION HALL OF INFANTA-GEN. NAKAR, INFANTA, QUEZON. Presents: Hon. Alberto L. Vizcocho-Presiding Judge Mr. Amandy R. Lumanglas-Court Interpreter I Ms. Marilyn Z. Floralde-Court Stenographer I Atty. Cherry May P. Avellano-Associate Prosecution Attorney Atty. Primo R. Rinen, Sr. -Private Prosecutor Atty. Leynard B. Atienza-Public Attorney’s Office x- – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – -x

Court :Call the case. :Case called. Transcript Crim. Case No. OE-0530 Pp. Vs. Mercy Recahuerta Tatel Slander of A Serious and Insulting In Nature Continuation of presentation of Prosecution’s Evidence January 13, 2011 Page 2 x- – – – – – – – – – – – – – – – – – — – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – -x Court Mercy Recahuerta Tatel? Joan Odi? Atty. Cherry May P. Avellano For the people, your Honor. Atty. Leynard B. Atienza For the accused, your Honor. Atty. Primo R. Rinen, Sr. As Private Prosecutor , your Honor under the direct control and supervision of the Public Prosecutor.

Court Ready? Atty. Primo R. Rinen, Sr. Ready, your Honor for second call. SECOND CALL Court Mercy Recahuerta Tatel? Joan Odi? Atty. Primo R. Rinen, Sr. For the Private Prosecution, your Honor after having secure the appearance, your Honor from the Public Prosecutor in her jurisdiction, I will continue prosecuting this case. Atty. Cherry May P. Avellano For the people, your Honor. Court Call on your witness, Atty. Atienza? Atty. Leynard B. Atienza For the accused, your Honor. Atty. Primo R. Rinen, Sr. May I present our 3rd witness in the person of Mylene F. Babiera. Court Swear in your witness. Interpreter

Do you swear to tell the truth, the whole truth and nothing but the truth? Witness Yes, sir. Interpreter Please tell your name, age, marital status and other personal circumstances. Witness Mylene F. Babiera, 37 years old, married, housekeeper and presently residing Kilometro 2 Barangay Magsaysay, Infanta,Quezon. Atty. Primo R. Rinen, Sr. May I proceed, your Honor. Court Proceed. Atty. Primo R. Rinen, Sr. The testimony of the witness is being offered to prove that on March 19, 2010 at about 11:00 to 12:00 o’clock noon she was in Bahay Nayon of Barangay Magsaysay Infanta, Quezon and during that time she heard Mrs.

Mercy R. Tatel uttering in a loud voice na iyang si Joan Odi ay hindi makalimot sa utin ng aking anak na si Joker and other matters that is substantial matters as reflected in the criminal complaint. May I proceed with the direct examination, your Honor? Court Proceed. Direct Examination Atty. Primo R. Rinen, Sr. Q I have read the words that was uttered by Mrs. Mercy Tatel, your Honor that you allegedly heard on March 19, 2010 at about 11:00 to 12:00 o’clock noon and in that time score it was happened and you executed an affidavit on May 15, 2010, if I show to you an affidavit do you recall you executed an affidavit.

Is this the affidavit? A Yes, sir this is my affidavit, sir. Q Do you affirm the truth of this affidavit? A Yes, sir. Q Now this was already marked during the Pre Trial, your Honor as Exhibit B, your Honor and in the content as B-1 and the signature of Mylene F. Babiera as Exhibit B-2 and Exhibit B-3 is the signature of the administering officer. Now I would like to assure your knowledge in that position if you heard Mercy Tatel uttered that words? How loud did Mrs. Mercy Tatel uttered that word? A Not so loud, sir. Q But it could be heard by a person surrounding Mrs.

Mercy Tatel? A Hindi kop o sigurado dahil ako po ay sa kanya laang nakatingin hindi kop o sigurado kung may iba pong taong nakatingin. Q Where there other person in the vicinity? A I don’t know, sir. Q But you are certain sure that Mrs. Mercy Tatel uttered this defamatory language that iyang si Joan Odi ay hindi makalimot sa utin ng aking anak na si Joker, you are sure of that? A Yes, sir. Atty. Primo R. Rinen, Sr. That is all for the witness, your Honor. Court Cross? Atty. Leynard B. Atienza Your Honor I will conduct my cross examination on the next scheduled hearing. Court

Calling this case for presentation of prosecution’s evidence, the Public Prosecutor, Atty. Cherry May P. Avellano called on to the witness stand third witness, Mylene F. Babiera whose direct testimony was completed. On manifestation of accused counsel, Atty. Leynard B. Atienza, cross- examination shall be conducted on the next scheduled hearing set as previously scheduled on March 3, 2011 at 1:30 o’clock in the afternoon. Additional trial dates is set on April 28, 2011; and June 16, 2011 also at 1:30 o’clock in the afternoon. The presence of private complainant, Joan A. Odi as well as accused, Mercy Tatel is noted. January 13, 2011. SESSION ADJOURNED at 1:35 in the afternoon. x- – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – -x C E R T I F I C A T I O N I HEREBY CERTIFY that the foregoing transcript of stenographic notes is true and correct to the best of my knowledge, hearing and ability. January 13,2011. MARILYN Z. FLORALDE Court Stenographer 1 Republic of the Philippines MUNICIPAL CIRCUIT TRIAL COURT OF INFANTA-GEN. NAKAR Fourth Judicial Region Infanta, Quezon People of the Philippines, Plaintiff, Criminal Case No. OC-0484

For: Reckless Imprudence -versus- Resulting in Serious Physical Injuries Rolly Mercudo SOLLESTRE, Accused. x- – – – – – – – – — – – – — – – – / T R A N S C R I P T OF THE STENOGRAPHIC NOTES TAKEN BY THE UNDERSIGNED DURING THE TRIAL OF THE ABOVE-ENTITLED CASE ON THE 13th DAY OF JANUARY 2011 AT 1:30 O’CLOCK IN THE AFTERNOON AT THE SESSION HALL OF INFANTA-GEN. NAKAR, INFANTA, QUEZON. Presents: Hon. Alberto L. Vizcocho-Presiding Judge Mr. Amandy R. Lumanglas-Court Interpreter I Ms. Marilyn Z. Floralde-Court Stenographer I Atty. Cherry May P. Avellano-Associate Prosecution Attorney Atty. Leynard B.

Atienza-Public Attorney’s Office x- – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – -x Court :Call the case. :Case called. Transcript Crim. Case No. OC-0484 Pp. Vs. Rolly Mercudo Sollestre Reckless Imprudence Resulting in Physical Injuries Continuation of presentation of Prosecution’s Evidence January 13, 2011 Page 2 x- – – – – – – – – – – – – – – – – – — – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – -x Court Rolly Mercado Sollestre? Raquel Dela Luna? Atty. Cherry May P. Avellano For the people, your Honor.

Atty. Leynard B. Atienza For the accused, your Honor. Court Ready? Atty. Cherry May P. Avellano Ready, your Honor for second call. SECOND CALL Court Rolly Mercudo Sollestre? Raquel Dela Luna? Atty. Cherry May P. Avellano May I present my 2nd witness, your Honor. Court Swear in your witness. Interpreter Do you tell the truth the whole truth and nothing but the truth. Witness Yes, sir. Interpreter Please tell your name, age, civil status and other personal circumstances. Witness Raquel Dela Luna, married, 34 years old, housekeeper and residing at Barangay Magsaysay, Infanta, Quezon. Atty.

Cherry May P. Avellano The testimony of the witness is being offered to prove that she is the private complainant in this case; She will testify to prove the elements and substantial allegation in the criminal complaint for Reckless Imprudence Resulting in Serious Physical Injuries; She will also identify her Judicial Affidavit that she executed in connection with this case; She will testify other related facts and matters. May I proceed, your Honor? Court Proceed. Direct Examination Atty. Cherry May P. Avellano Madam Witness, are you the same Raquel Dela Luna, the private complainant in this case?

A Yes, ma’am. Q In connection with this case, Madam Witness, do you recall you executed a Judicial Affidavit in connection with this case? A Yes, ma’am. Q I’m going to show to you a document, kindly go over on it and please tell us in connection of this document to the affidavit you said you executed? Is this your Judicial Affidavit? A Yes, ma’am. Q And on the last page of a Judicial Affidavit there was a signature above the typewritten name Raquel Dela Luna, whose signature is that? A That’s my signature, ma’am. Q And also on the last page it appears a signature of Cherry May P.

Avellano, whose signature is that? A Sa kanya po. Interpreter The witness pointing to the Public Prosecutor. Q How do you know that it was my signature? A Nakita ko po ng pumirma kayo. Q Under your present oath Madam Witness, do you affirm and confirm that the content of this Judicial affidavit are true and correct? A Yes, ma’am. Atty. Cherry May P. Avellano Your Honor we would like to mark the Judicial affidavit as Exhibit K and the succeeding pages respectively as K-1;K-2;K-3 and K-4 and the signature of the private complainant is Exhibit K-5 and the signature of this representation as Exhibit K-6.

Atty. Cherry May P. Avellano No further question, your Honor. Court Cross? Atty. Leynard B. Atienza Since this is a Judicial Affidavit, as of now I will read it, your Honor so may we request that cross examination will be conducted on the next scheduled hearing. Court Calling this case for presentation of prosecution’s evidence, the Public Prosecutor, Atty. Cherry May P. Avellano called on to the witness stand second witness, Raquel A. Dela Luna whose direct testimony was completed. On manifestation of accused counsel, Atty. Leynard B.

Atienza, cross- examination shall be conducted on the next scheduled hearing set as previously scheduled on March 3, 2011 at 1:30 o’clock in the afternoon. Additional trial dates is set on April 28, 2011; and June 9, 2011 also at 1:30 o’clock in the afternoon. The presence of accused, Rolly Sollestre is noted. . January 13, 2011. SESSION ADJOURNED at 1:35 in the afternoon. x- – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – -x C E R T I F I C A T I O N I HEREBY CERTIFY that the foregoing transcript of stenographic notes is rue and correct to the best of my knowledge, hearing and ability. January 13,2011. MARILYN Z. FLORALDE Court Stenographer 1 Republic of the Philippines MUNICIPAL CIRCUIT TRIAL COURT OF INFANTA-GEN. NAKAR Fourth Judicial Region Infanta, Quezon People of the Philippines, Plaintiff, Criminal Case No. OA-0465 For: Reckless Imprudence -versus- Resulting in Homicide PFC Ruel V. REQUIBO, Accused. x- – – – – – – – – – – — – – – / T R A N S C R I P T OF THE STENOGRAPHIC NOTES TAKEN BY THE UNDERSIGNED DURING THE TRIAL OF THE ABOVE-ENTITLED CASE ON THE 13th DAY OF JANUARY 011 AT 1:30 O’CLOCK IN THE AFTERNOON AT THE SESSION HALL OF INFANTA-GEN. NAKAR, INFANTA, QUEZON. Presents: Hon. Alberto L. Vizcocho-Presiding Judge Mr. Amandy R. Lumanglas-Court Interpreter I Ms. Marilyn Z. Floralde-Court Stenographer I Atty. Cherry May P. Avellano-Associate Prosecution Attorney Atty. Leynard B. Atienza-Public Attorney’s Office x- – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – -x Court :Call the case. :Case called. Transcript Crim. Case No. OA-0465 Pp. Vs. PFC Ruel V. Requibo Reckless Imprudence Resulting in Homicide

Presentation of 2nd prosecution’s witness Zene Huit Montehermoso January 13, 2011 Page 2 x- – – – – – – – – – – – – – – – – – — – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – -x Court Ruel Requibo? Merlita Banton? Atty. Cherry May P. Avellano For the people, your Honor. Atty. Leynard B. Atienza For the accused, your Honor. Court Ready? Atty. Cherry May P. Avellano Ready, your Honor for second call. SECOND CALL Atty. Cherry May P. Avellano For the people, your Honor. Atty. Leynard B. Atienza For the accused, your Honor. Court Ruel Requibo? Merlita Banton, anong nangyari sa usapan ninyo?

Interpreter Naghuhulog p okay ate Emy. Private Complainant Naghuhulog- ay ang usapan ay 100 cash at yong 50 ay huhulog hulugan. Court Ituloy laang natin, anyway pagnakompleto ay ididismiss natin. Atty. Cherry May P. Avellano Tuloy ang kaso. Court Swear in your witness. Interpreter Do you swear to tell the truth, the whole truth and nothing but the truth? Witness Yes, sir. Interpreter Please tell your name, age marital status and other personal circumstances. Witness Zene Huit Montehermoso, 38 years old, single, caretaker, residing at Barangay Tignoan, Real, Quezon. Atty. Cherry May P. Avellano

The testimony of the witness is being offered to prove that he was present on February 5, 2010 at about 3:00 to 3:30 o’clock in the morning at Barangay Comon National Highway, Infanta, Quezon with the deceased victim Peter Banton; He will testify to prove the elements and substantial allegation on the criminal complaint in Reckless Imprudence Resulting in Homicide; He will identify his Sinumpaang Salaysay he executed in connection with this case; He will testify other related facts and matters. Atty. Cherry May P. Avellano The identity of the accused was already admitted by the defense. Atty.

Cherry May P. Avellano May I proceed, your Honor. Court Proceed. Q Mister Witness, are you the same Zenen Huit Montehermoso, who is one of the witness of this criminal complaint filed against Ruel Requibo? A Yes, ma’am. Q In connection with this case, Mister Witness do you recall having executed any affidavit? A Yes, ma’am. Q If the said affidavit will be shown to you, will you recognize the same? A Yes, ma’am. Q I am going to show to you a document, kindly go over with this and tell us if it is the affidavit you executed in connection with this case? Is this your affidavit? A Yes, ma’am. Q

There is a signature above the typewritten name Zene Huit Montehermoso whose signature is this? A That’s my signature, ma’am. Q It appears a signature above the typewritten name Arvin Zamora De Asis, whose signature is this? A It’s Arvin Zamora De Asis signature, ma’am. Q And how did you know that it is his signature? A Yon po ang nakalagay diyan? Q And have you seen Arvin Zamora De Asis signed the document? A Yes, ma’am. Q Under your present oath Mister Witness, do you affirm that the content of your affidavit is true and correct? A Yes, ma’am. Atty. Cherry May P. Avellano Your Honor, we would like. . . this Sinumpaang Salaysay of Zenen Huit Montehermoso was previously marked as Exhibit B and we would like to sub-mark the content as Exhibit B-1; the signature above the typewritten name Zene Huit Montehermoso as Exhibit B-2 and the signature above the typewritten name Arvin Zamaro De Asis be marked as Exhibit B-3 and we would like to adopt this Sinumpaang Salaysay as part of his direct testimony with additional question. Q Now in your Sinumpaang Salaysay, Mister Witness, you stated that in question 7, I will quote “ Sa ikaliliwanag ng pagsisiyasat na ito maari mo bang isalaysay ang buong pangyayari”? He answered “ Opo.

Noon oras, petsa at lugar na nabanggit habang kami ay papunta sa restaurant ni Peter at tumatakbo sa gilid ng kalsada galing bayan ng Infanta habang sakay kami ng motorsiklo ni Peter ng makita naming ang isang motorsiklo na paparating at mabilis ang takbo. Iginilid ni Peter ang motorsiklo upang makaiwas ngunit ng malapit na sa amin ang motorsiklo ay biglang Kinabig ng drayber sa kanan ang manibela at tinumbok kami kaya wala na kaming nagawa kundi ang sumigaw nalang at biglang binangga kami, now you said that iginilid ni Peter Banton ang motor which part of the road which Peter Banton iginilid ang motorcycle?

A Sa kaliwa po, tumawid na po kami kasi nakita namin na may dumarating na motor. Atty. Leynard B. Atienza May we request that the answer of the witness will remain in the vernacular. Court Let it remain in the vernacular. Q Mister Witness, do you know how to draw? A Yes, ma’am. Q Kindly sketch to us, the National Highway where you were in the Highway early in the morning of February 5, 2010 in Barangay Comon. Interpreter The witness is making a sketch. Atty. Cherry May P. Avellano Which direction going to Real? How about going to Infanta? The restaurant of Peter Banton? Q

Now you said that Peter is make gilid the motorcycle, which part of the road did Peter make gilid the motorcycle? Interpreter The witness draws a circle representing the motorcycle. Atty. Cherry May P. Avellano Meaning to say Mister Witness that when Peter Banton make gilid, the motorcycle driving at during February 5, 2010 when is already not on the road? A Yes ma’am, nasa tabi na po. Court Nasa tabi, nasa shoulder or nasa kalsada. A Nasa shoulder ma’am. Q And when the motorcycle driven by the accused hit the motorcycle of Peter, it was already in the shoulder. A Yes, ma’am. Court

Who was the driver of the motorcycle? A Si Peter po. Court And you were a back rider? A Yes, sir. Q Now, after the motorcycle driven by the accused hit the motorcycle of Peter, what did the accused did. If there was any? A Binubuhat po niya ang motor pinipilit dalahin sa gitna, nakita po noong Jerry at sinabihan po siya na wag mong galawin yung motor, at wag kang umalis. Court Let it remain in the vernacular. Q And what did the accused do when Jerry told him, not to touch the motor and will not removed the same? A None, ma’am gawa ng binantayan ni Jerry eh. Q Now, you said that. . . oing back to the time that the motorcycle driven by the accused hit the motorcycle driven by Peter Banton which part of motorcycle of Peter Banton hit by the motorcycle driven by the accused? A Sa unahan po. Q How about. . . . which part of the motorcycle of the accused hit the motorcycle of the victim if you remember? A Front wheel of the accused. Atty. Cherry May P. Avellano Your Honor we would like to mark the sketch made by the witness as Exhbit D; the encircle which is the location of motorcycle be marked as Exhibit D-1; the parallel line going to Infanta as Exhibit D-2 and the signature of the witness be marked as Exhibit D-3.

Atty. Cherry May P. Avellano No more question, your Honor. Court Mister Witness, you kept on mentioning the name of Peter, is he the same Peter Banton which is the deceased in this case? A Yes, sir. Court Cross? Atty. Leynard B. Atienza I will conduct may cross on the next scheduled hearing. Court Calling this case for presentation of prosecution’s evidence, the Public Prosecutor, Atty. Cherry May P. Avellano called on to the witness stand second witness, Zenen Huit Montehermoso whose direct testimony was completed. On manifestation of accused counsel, Atty.

Leynard B. Atienza, cross- examination shall be conducted on the next scheduled hearing set as previously scheduled on March 3, 2011 at 1:30 o’clock in the afternoon. Additional trial dates is set on April 14, 2011; and May 26, 2011 also at 1:30 o’clock in the afternoon. The presence of private complainant, Merlita Banton as well as accused, PFC Ruel V. Requibo is noted. . January 13, 2011. SESSION ADJOURNED at 1:35 in the afternoon. x- – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – -x

C E R T I F I C A T I O N I HEREBY CERTIFY that the foregoing transcript of stenographic notes is true and correct to the best of my knowledge, hearing and ability. January 13,2011. MARILYN Z. FLORALDE Court Stenographer 1 Republic of the Philippines MUNICIPAL CIRCUIT TRIAL COURT OF INFANTA-GEN. NAKAR Fourth Judicial Region Infanta, Quezon People of the Philippines, Plaintiff, Criminal Case No. 8A-0010 For: Attempted Homicide -versus- Marvin MIRAS @ Boyet, Accused. x- – – – – – – – – – – — – – – / T R A N S C R I P T OF THE STENOGRAPHIC NOTES TAKEN BY THE UNDERSIGNED

DURING THE TRIAL OF THE ABOVE-ENTITLED CASE ON THE 13th DAY OF JANUARY 2011 AT 1:30 O’CLOCK IN THE AFTERNOON AT THE SESSION HALL OF INFANTA-GEN. NAKAR, INFANTA, QUEZON. Presents: Hon. Alberto L. Vizcocho-Presiding Judge Mr. Amandy R. Lumanglas-Court Interpreter I Ms. Marilyn Z. Floralde-Court Stenographer I Atty. Cherry May P. Avellano-Associate Prosecution Attorney Atty. Noli H. Villamor-Counsel for the Accused x- – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – -x Court :Call the case. :Case called. Transcript

Crim. Case No. 8A-0002 Pp. Vs . Marvin Miras @ Boyet Attempted Homicide Cross-examination of defense witness Domingo Lamigo January 13, 2011 Page 2 x- – – – – – – – – – – – – – – – – – — – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – -x Court Marvin Miras? Emeliano Miras Atty. Cherry May P. Avellano For the people, your Honor. Atty. Noli H. Villamor For the accused, your Honor. Court Ready? Atty. Noli H. Villamor Ready, your Honor for second call. SECOND CALL Atty. Cherry May P. Avellano For the people, your Honor. Atty. Noli H. Villamor

The witness is ready for cross-examination by the Public Prosecutor, your Honor. Interpreter Same oath of witness Domingo Lamigo, your Honor. Cross-examination Atty. Cherry May P. Avellano Q Mister Witness, do you recall having testified before the Honorable Court sometimes on November 18, 2010? A Yes, am’am. Q And during your testimony you identify the affidavit you executed in connection with this case? A Yes, ma’am. Q And you , in your affidavit that you saw Captain Emil following Boyet Miras, am I right? A Yes, ma’am. Q And meaning to say Emeliano Miras was at the back of the accused? A Yes, ma’am. Q

And do you agree also, Mister Witness that when a person was at the back of another person he could not make siko to the person? A Masisiko po. Q In what manner, if the person was at the back? A Yon ang nakita ko po, Q Pag nasa likuran ang tao, I’m not talking with the accused and the private complainant. A Nakita ko po si kapitan kunwari narito si Boyet , andito si kapitan, sinisiko po, ginaganoon po ng baril at sino ba ito? Sino ba ito, ay medyo madilim naman, tapos po umalis na ako, ayon pumutok na nga. Q The answer is not responsive, your Honor. Atty. Noli H. Villamor No! that is. . . . . Atty. Cherry May P. Avellano

What I am asking your Honor if a person was at the back another person he could not probably. . . . he could not make siko at the back. . at the back. Court You are asking his opinion and he says. Atty. Noli H. Villamor Yon ang sabi niya. Court And that his answer in your opinion. Q Because the witness is talking about with the private complainant and the accused. Court He saw it and that is his opinion. You are asking hypothetical case which his answer is based on his observation. Atty. Cherry May P. Avellano May we ask, anong sagot niya? A Nakita ko po na si Kapitan ay sinisiko ng baril si Boyet, ay sino ba ito?

Medyo Malabo ang mata niyon eh hindi niya kilala kaya kung sino ito, pagkatapos ng pagsiko ay umalis na ako pumasok na ako dahil may bata po ay baka pumutok ang baril. Court Dahan dahan itatagalog natin. A Iyon nga hindi pa natatagalan ay pumutok nga. Court Let it remain in the vernacular. Q So after you saw that the accused, this Boyet Miras following Emeliano Miras, you Immediately left the place? A Noon pong sinisiko si Boyet ay umalis na po ako kasi nga may bata baka madamay ay nakita ko po yong baril. Q So you do not know what transpired between the accused and the private complainant when you leave the place? A

Pag-alis ko po hindi pa nakakapasok I heard a gunshot. Q Now, Mister Witness, who ask you to testify before this . . . is it correct that it was the accused asked you to testify before this Honorable Court? A Nagsabi sa akin si Marvin Miras na sabihin laang kung ano ang nakita ko. Atty. Cherry May P. Avellano No further question, your Honor. Atty. Noli H. Villamor No re-direct, your Honor. May we ask for continuance to present our 3rd witness, your Honor. Court Calling this case for cross-examination of defense witness, Domingo Lamigo whose cross-examination was completed and his testimony is now considered terminated.

In the meantime, continuation of presentation of defense’ evidence is set as previously scheduled on March 3, 2011; April14, 2011 and June 2, 2011all at 1:30 o’clock in the afternoon. The presence of accused, Marvin Miras is noted. . January 13, 2011. SESSION ADJOURNED at 1:35 in the afternoon. x- – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – -x C E R T I F I C A T I O N I HEREBY CERTIFY that the foregoing transcript of stenographic notes is true and correct to the best of my knowledge, hearing and ability.

January 13,2011. MARILYN Z. FLORALDE Court Stenographer 1 Republic of the Philippines MUNICIPAL CIRCUIT TRIAL COURT OF INFANTA-GEN. NAKAR Fourth Judicial Region Infanta, Quezon People of the Philippines, Plaintiff, Criminal Case No. 6474 For: Direct Assault Upon A -versus- Person In Authority PO3 Antonio VILLANUEVA, Accused. x- – – – – – — – – – – – – – — – – – / T R A N S C R I P T OF THE STENOGRAPHIC NOTES TAKEN BY THE UNDERSIGNED DURING THE TRIAL OF THE ABOVE-ENTITLED CASE ON THE 13th DAY OF JANUARY 2011 AT 1:30 O’CLOCK IN THE AFTERNOON AT THE SESSION HALL OF INFANTA-GEN.

NAKAR, INFANTA, QUEZON. Presents: Hon. Alberto L. Vizcocho-Presiding Judge Mr. Amandy R. Lumanglas-Court Interpreter I Ms. Marilyn Z. Floralde-Court Stenographer I Atty. Cherry May P. Avellano-Associate Prosecution Attorney Atty. Leynard B. Atienza-Public Attorney’s Office x- – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – -x Court :Call the case. :Case called. Transcript Crim. Case No. 6474 Pp. Vs . PO3 Antonio Villanueva Direct Assault Upon A Person in Authority Initial Presentation of Defense Evidence January 13, 2011 Page 2 – – – – – – – – – – – – – – – – – – — – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – -x Court PO3 Antonio Villanueva? Atty. Cherry May P. Avellano For the people, your Honor. Atty. Leynard B. Atienza For the accused, your Honor. Court Ready? Atty. Leynard B. Atienza Ready, your Honor for second call. SECOND CALL Atty. Cherry May P. Avellano For the people, your Honor. Atty. Leynard B. Atienza For the accused, your Honor. We are calling our 1st witness, PO2 Antonio Villanueva to the witness stand. Court Swear in your Witness. Interpreter Do you swear to tell the truth, the whole truth and nothing but the truth?

Witness Yes, sir. Interpreter Please tell your name, marital status, age and other personal circumstances. Witness PO2 Antonio Villanueva y Avellaneda, married , 49 years old, member of PNP, residing at Barangay Ungos, Real, Quezon. Atty. Leynard B. Atienza May I proceed, your Honor? Court Proceed. Atty. Leynard B. Atienza Your Honor, the purpose of the testimony of PO2 Villanueva is to disprove and repute the criminal complaint of Direct Assault Upon a person in Authority and the Sinumpaang Salaysay of the prosecution’s witnesses and to identify the Sinumpaang Salaysay executed by the accused.

Direct-Examination Atty. Leynard B. Atienza Mister Witness, you will charged in the information of Direct Assault Upon A person in Authority which I read; That on or about the 10th day of June, 1996 at more or less 1:30 o’clock in the afternoon, in Barangay Boboin, Municipality of Infanta, Province of Quezon, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, while armed with a hand grenade, did then and there wilfully, unlawfully and feloniously threaten to kill Engineer Roldan M.

Velasco, a duly elected Municipal Mayor of Infanta,Quezon, by uttering the following words, to wit: SIGE KUMPISKAHIN NINYO ANG KAHOY AT PARE-PAREHO TAYONG SASABOG DITO”, thereby inflicting upon to said local official serious mental anguish and fear over his personal safety. What can you say about this? A Wala pong katotohanan iyan gusto lang po akong filelan ng kaso. Q Mister Witness, on the 1oth day of June, 1996 at 1:30 o’clock in the afternoon where were you? A

Narron po ako sa Barangay Boboin duon sa lupang pag-aari ni Merlita Canon na sa aking pagkakaalam ay partidahin pa naming at lupa n gaming mga ninuno at ako po ay naroon ng mga araw na iyon. Q Why you went there, Mister Witness? A Ako po ay pumunta duon, kami po ay kukuha ng buko para gawing buko salad ng mga araw na iyon. Q Was there any other person present there to get the coconut? A I have a companion, sir. Q And whose that, Mister Witness? A Kapatid ko pong si marlon at Zaldy Villanueva. Q Where is this coconut plantation located? A In Barangay Boboin, Infanta, Quezon. Q

In during that particular time and place was there any unsual incident that happened? A There is, sir. Q And what was that unsual incident that you are referring to? A Noon pong kami ay nandodon, at yong aking kapatid ay kasalukuyang umaakyat ng mura, ako po ay nakatalikod ay. . . noon pong ang aking kapatid, ako naman ay nakatalikod ay nakarinig po ako ng isang sigaw na malakas na “taas ang kamay huwag kayong tatakbo”. Q Mister Witness, do you know who said “taas ang kamay walang tatakbo”? A Noon pong ako ay lumingon sapagkat ako ay nakatalikod ay nakita ko po yon pong namatay si Mayor Roldan Velasco na may hawak nab aril na calibre 45.

Q And was there any other person aside from Mayor Velasco that you saw during that time and place? A Mayroon po siyang mga kasamahan na mga kapwa ko pulis. Q And who was that co-policeman you are referring to? A SPO1 Mario Morfe, SPO2 Miguel Morilla’ SPO2 Romeo Escama and SPO1 Romeo Rivera. Q After you saw Mayor Velasco and the other Policeman during that place, what happened next? A Noon pong mga oras na iyon habang sinasabi ni Mayor Velasco na walang tatakbo ay ako po ay nagitla, ako po ay nabigla sapagkat bakit ako ay tinutukan niya ng baril samantalang wala naman akong kasalanan.

Q After late Mayor Velasco poked a gun, what happened next, Mister Witness? A Sinabi kop o sa kanya, ako po ay nagpakilala sa kanya, Mayor ako po ay pulis dinbakit mo ako tinututukan? Q And after that Mister Witness, what transpired next? A Noon pong . . ng sabihin ko pong ganoon, ng ako ay magpakilala sabi pos a akin na may laman yang closed van na iyan, buksan mo. Q Did you response to the instruction of late Mayor Velasco to open the van? A No, sir. Q Do you know the owner of the van? A Yes, Ricardo Conchada, yon po ay hiniram ko sa kanya noong panahong iyon.

Q Why did you not follow the order of the late Mayor to open the van, Mister Witness? A Sapagkat po’t ang aking pagkaalam ay hindi po niya dapat buksan iyon at yon po ay walang search warrant at pribado ang aking sasakyan. Q After you did not obey to the instruction of Mayor Velasco, what happened next, Mister Witness? A Tinanong ko po siya ng ganito, sabi ko po’y Mayor may dala po ba kayong search warrant para isearch ninyo yong aking sasakyan. Q Did the late Mayor Velasco response to you regarding the search warrant? A

Hindi po basta siya po ay derideritsong lumapit sa akin, sabay lapit sa akin derideritso, sabay tutok ng 45 sabi basta buksan mo iyan, hinawakan po niya ako sa leeg, tinutukan niya ako sa ulo at isinandal niya ako duon sa aking closed van . Ako po ay duon niya tinutukan, ako nga po ay halos. . . . . . nanghina. Atty. Leynard B. Atienza Your Honor, may we request that the answer of the witness be remain in the vernacular. Court Let it remain in the vernacular. Q What transpired next, if there was any? A Inutusan po niya si SPO1 Romeo Escama na pumunta sa unahan ng aking sasakyan, i Escama. . Q Did Escama follow the instruction of the late Mayor Velasco? A Yes, sir. Q Did Escama able to reach the front of the vechicle? A Yes, sir. Q After Escama reach the front of the van, what happened next? A Ay nakita po niya duon yong aking issued firearms na M16 at . 38 caliber. Q After Escama saw the riffle and . 38 caliber issued to you what transpired next, Mister Witness? A Nakita po niya ay di nakuha po niya, ako naman po ay tutok tutok ni Mayor Velasco at ako po ay hinang hina at takot na takot at ako po ay nakasandal sa pader, ay sa aking closed van na dala dala.

Q And after that, Mister Witness, what transpired next? A Noon pong ako’y. . . nakuha ang aking . 38 caliber at M16 pinilit po ako ni Mayor Velasco na buksan ko ang aking closed van, pinipilit po ako, pinabubuksan po ang pinto ng van ko sa likod. Q Was he successful in opening the backdoor of the van? A Opo, dahil sa takot ko ako po ay tinututukan ng baril, yon pong susi ay nasa bulsa ko ay di sa takot ko po nab aka ako ay patayin ay di pinilit ko pong buksan kahit labag sa aking kalooban. Atty. Leynard B. Atienza Your Honor, may I ask for continuance.

Court Calling this case for initial presentation of defense evidence, Atty. Leynard B. Atienza of the Public Attorney’s office presented its first witness, PO2 Antonio Villanueva whose direct testimony was partially conducted. As prayed for by the accused counsel, continuance of direct examination shall be conducted on the next scheduled hearing as previously scheduled on February 10, 2011 and to continue on March 17, 2011 both at 1:30 o’clock in the afternoon. . January 13, 2011. SESSION ADJOURNED at 1:35 in the afternoon. – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – -x C E R T I F I C A T I O N I HEREBY CERTIFY that the foregoing transcript of stenographic notes is true and correct to the best of my knowledge, hearing and ability. January 13,2011. MARILYN Z. FLORALDE Court Stenographer 1 Republic of the Philippines MUNICIPAL CIRCUIT TRIAL COURT OF INFANTA-GEN. NAKAR Fourth Judicial Region Infanta, Quezon People of the Philippines, Plaintiff, Criminal Case No. 6424 For: Evasion Through versus- Negligence PO3 Antonio VILLANUEVA, Accused. x- – – – – – — – – – – – – – — – – – / T R A N S C R I P T OF THE STENOGRAPHIC NOTES TAKEN BY THE UNDERSIGNED DURING THE TRIAL OF THE ABOVE-ENTITLED CASE ON THE 13th DAY OF JANUARY 2011 AT 1:30 O’CLOCK IN THE AFTERNOON AT THE SESSION HALL OF INFANTA-GEN. NAKAR, INFANTA, QUEZON. Presents: Hon. Alberto L. Vizcocho-Presiding Judge Mr. Amandy R. Lumanglas-Court Interpreter I Ms. Marilyn Z. Floralde-Court Stenographer I Atty. Cherry May P. Avellano-Associate Prosecution Attorney Atty. Leynard B.

Atienza-Public Attorney’s Office x- – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – -x Court :Call the case. :Case called. Transcript Crim. Case No. 6424 Pp. Vs . PO3 Antonio Villanueva Evasion through Negligence Initial Presentation of Defense Evidence January 13, 2011 Page 2 x- – – – – – – – – – – – – – – – – – — – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – -x Court PO3 Antonio Villanueva? PO2 Alfredo Gurango? Atty. Cherry May P. Avellano For the people, your Honor.

Atty. Leynard B. Atienza For the accused, your Honor. Court Ready? Atty. Leynard B. Atienza Ready, your Honor for second call. SECOND CALL Atty. Cherry May P. Avellano For the people, your Honor. Atty. Leynard B. Atienza For the accused, your Honor. We are calling our 1st witness, PO2 Antonio Villanueva to the witness stand. Court Swear in your Witness. Interpreter Do you swear to tell the truth, the whole truth and nothing but the truth? Witness Yes, sir. Interpreter Please tell your name, marital status, age and other personal circumstances. Witness

PO2 Antonio Villanueva y Avellaneda, married , 49 years old, member of PNP, residing at Barangay Ungos, Real, Quezon. Atty. Leynard B. Atienza May I proceed, your Honor? Court Proceed. Atty. Leynard B. Atienza Your Honor the purpose of the testimony of the accused is being offered to repute and disproved the material allegation contained in the criminal complaint for Evasion through Negligence and also the Sinumpaang Salaysay of the prosecution’s witnesses and to identify the Sinumpaang Salaysay of the accused. Direct-Examination Atty. Leynard B. Atienza Q

Mister Witness you are charged in the criminal complaint for Evasion through Negligence which I will read ; That on or about the 19th day of January, 1996 at 6:30 o’clock in the evening more or less, in the municipality of Infanta, province of Quezon, Philippines, and within the preliminary jurisdiction of this Honorable Court, the said accused, PO# Antonio Villanueva, being then the jail guard on duty and charged with the custody of one Johnny Gucilatar y Pujeda, a detention prisoner and principal accused in three (3) counts of Robbery under Criminal Case Nos. 6420, 6421 and 6422 before the Mun.

Circuit Trial Court of Infanta, Quezon, did then and there wilfully, unlawfully and feloniously demonstrate positive carelessness and/or negligence thereby causing by such carelessness and negligence, the said prisoner escaped from the municipal jail where the latter is being detained. Mister Witness what can you say about this criminal complaint filed against you? A Wala pong katotohanan iyan. Q Why, why made you say that? A Sapagkat po ng mga araw na iyon nandodoon pa ng mga oras na iyon na sinasabi nilang na kung saan ay nakatakas si Johnny Gucilatar, ako po ay duty pa noong mga oras na iyon. Q

Mister Witness, do you recall having executed a Sinumpaang Salaysay in connection with this case? A There is, sir. Q And where is it? A In my hand, sir. Atty. Leynard B. Atienza Your Honor may we request that the Sinumpaang Salaysay of Antonio Villanueva be marked as Exhibit 1; the content of this Sinumpaang Salaysay be marked as Exhibit1-A; Mister Witness it appears a signature above the typewritten name Antonio Villanueva, whose signature is that? A That’s my signature, sir. Atty. Leynard B. Atienza It appears a signature above the typewritten name Noli H. Villamor Public Attorney III, whose signature is that?

A It’s Atty. Noli H. Villamor signature. Q How do you know that it is his signature? A Ay duon po ako nagpagawa. Q And how about the signature of Eloida R. De Leon –Diaz, whose signature is that? A The signature of Judge Eloida R. De Leon-Diaz, sir. Q How do you know that it is her signature? A Nakita ko po ng pumirma siya. Atty. Leynard B. Atienza Your Honor we would like to mark this second page as Exhibit1-B; the contents of page 2 be marked as Exhibit 1-C; the signature above the typewritten name Antonio Villanuevq be marked as Exhibit 1-D; the signature of Atty.

Noli H. Villamor be marked as Exhibit 1-E and the signature of Honorable Eloida R. De Leon-Diaz be marked as Exhibit 1-F. Atty. Leynard B. Atienza And we will adopt his Sinumpaang Salaysay as part of his direct testimony, your Honor. May we ask for the continuance, your Honor. Court Calling this case for initial presentation of defense evidence, Atty. Leynard B. Atienza of the Public Attorney’s office presented its first witness, PO2 Antonio Villanueva whose direct testimony was partially conducted.

As prayed for by the accused counsel, continuance of direct examination shall be conducted on the next scheduled hearing as previously scheduled on February 24, 2011 and to continue on March 31, 2011 both at 1:30 o’clock in the afternoon. . January 13, 2011. SESSION ADJOURNED at 1:35 in the afternoon. x- – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – -x C E R T I F I C A T I O N I HEREBY CERTIFY that the foregoing transcript of stenographic notes is rue and correct to the best of my knowledge, hearing and ability. January 13,2011. MARILYN Z. FLORALDE Court Stenographer 1 Republic of the Philippines MUNICIPAL CIRCUIT TRIAL COURT OF INFANTA-GEN. NAKAR Fourth Judicial Region Infanta, Quezon People of the Philippines, Plaintiff, Criminal Case No. 7292 For: Grave Threats -versus- Arnedo AUMENTADO @ Nido, Accused. x- – – – – – – – – – — – – – / T R A N S C R I P T OF THE STENOGRAPHIC NOTES TAKEN BY THE UNDERSIGNED DURING THE TRIAL OF THE ABOVE-ENTITLED CASE ON THE 13th DAY OF JANUARY 011 AT 1:30 O’CLOCK IN THE AFTERNOON AT THE SESSION HALL OF INFANTA-GEN. NAKAR, INFANTA, QUEZON. Presents: Hon. Alberto L. Vizcocho-Presiding Judge Mr. Amandy R. Lumanglas-Court Interpreter I Ms. Marilyn Z. Floralde-Court Stenographer I Atty. Cherry May P. Avellano-Associate Prosecution Attorney Atty. Omar Ian R. Tuanquin-Counsel for the Accused x- – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – -x Court :Call the case. :Case called. Transcript Crim. Case No. 7292 Pp. Vs .

Arnedo Aumentado @ Nido Grave Threats Cross Examination of defense witness Lino Santua January 13, 2011 Page 2 x- – – – – – – – – – – – – – – – – – — – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – -x Court Arnedo Aumentado? Edemar Santos? Atty. Omar Ian R Tuanquin Ready your Honor. Atty. Cherry May P. Avellano Ready your Honor. Court Second Call. SECOND CALL Atty. Omar Ian R. Tuanquin Appearing as counsel for the accused, your Honor. Atty. Cherry May P. Avellano For the people, your Honor. Atty. Omar Ian R. Tuanquin

Our witness is ready for cross examination and for the record, your Honor we have excluded the accused which will be utilized as one of the witnesses. Interpreter Same oath of witness Lino Santua. Cross-examination Atty. Cherry May P. Avellano Q Mister Witness, do you recall having testified last December 9, 2010? A Yes, ma’am. Q And during your last testimony, you identified two affidavits, the one dated November 19, 2001 and December 6, 2001, am I correct? A Yes, ma’am. Q And you also identified that Sinumpaang Salaysay of November 19, 2001 is in contradict in sinumpaang Salaysay dated December 6, 2001?

A Yes, ma’am. Q And this Sinumpaang Salaysay which you excuted on November 19, 201 which is in contradicted in your Sinumpaang Salaysay in December 6, 2001? A Yon pong pangalawang salaysay ang totoo. Q And you said that it was the truth, in this Sinumpaang Salaysay kindly go over with this Sinumpaang Salaysay which you executed on November 19, 2001 and this Sinumpaang Salaysay on December 6, 2001 you executed and tell us where are the contradict to December 6, 2001 statement? Atty. Omar Ian R. Tuanquin Aling mga statement daw ang magkaiba duon sa una mong salaysay?

Court Di ba may ginawa kang una noong November tapos gumawa ka ng pangalawa December, yong December kinontra yong November, tama? Alin ngayon duon sa December statement ang naiiba sa November statement? Tingnan mo? A Ang naiiba po? Court OO , naiiba, parang yong binago mo sa November 19 binago mo sa December 6, 2001? A Walang katotohanan iyan. Q Which one? Which paragraph which is contradict? Court May number ba iyan? Atty. Cherry May P. Avellano Paragraph po. Q Which one? A Paragraph 3, yong may labit labit o hawak na isang maiksing baril . . . . . . Atty.

Omar Ian R. Tuanquin We confirmed that our witness pointing at paragraph 3 of the affidavit dated November 19, 2001. Q Is that only contradict to your statement dated December 6, 2001? A Lahat po iyan ay komokontra dahil wala po akong nakita, nakatalikod nga po ako. Q So it is the entire statement of November 19, 2001 is in contradict to the statement dated December 6, 2001? A Yes, ma’am. Q Are you sure? A Yes, ma’am. Q Now, on November 19, 2001 statement, is it true that you, Douglas Aumentado and Edemar Santos were having dinking spree in Bonifacio St.

Pob. 1, Infanta, Quezon? A Yes ma’am. Q So meaning to say what was written in paragraph 1 is true in this November 19, 2001 statement. A Yon laang pong nag-iinuman kami ang totoo. Q And how about this statement that ng makita po namin pasugod kay Edemar itong si Arnedo ay tumakbo na po kami dito sa Land Bank upang tumawag sa telepono para sa Himpilan ng Pulisya at malaman ang pangyayaring gulo, subalit hindi po naming makontak ang nasabing tanggapan at busy? A Hindi po ako tumawag, pumasok na po ako , pinabayaa ko na po.

Q But the truth of the matter is you went to the Police to ask for help after the incident? A No, ma’am. Q So that is not also tru? A Yes, ma’am I’m just inside the bank. Q Now, I’m going to show this Sinumpaang Salaysay which dated December 6, 2001 which you said is the truth of the matter, this statement in which paragraph 7 na dahilan sa takot naming sa posibling kaguluhan naipasya naming na tumakbo sa pulisya upang humingi ng tulong? A Hindi po. Q So is it not also true that you went to the Police Station to ask for help? A No, ma’am.

Q However in your Sinumpaang Salaysay dated December 6, 2001 and I will quote” na dahilan sa takot naming sa posibling kaguluhan naipasya naming na tumakbo sa pulisya upang humingi ng tulong, meaning to say some of what was wriiten in December 6, 2001 is not also true? A Hindi po. Q Meaning, some of the content of this statement this affidavit this dated December 6, 2001, are not true, you affirm the matter that transpired on November 17, 2001. A Yes, ma’am. Atty. Cherry May P. Avellano No more question, your Honor. Court Re-direct. Atty.

Omar Ian R. Tuanquin A few question for re-direct, your Honor. Re-Direct Atty. Omar Ian R. Tuanquin Q Mister Witness, as the good Prosecutor had asked you that you have two conflicting claims, could you still remember who assisted you in preparing your first affidavit dated November 19, 2001? A Yes, sir. Q Could you tell us who assisted you in executing together with Douglas Aumentado dated November 19, 2001? A I could not recall, sir. Q How about your affidavit dated December 6, 2001, did anybody assisted you in executing this affidavit?

A I could not recall, sir. Q But could you still affirm before the Honorable Court, Mister Witness that your second affidavit contents the most of the true statement that transpired on that day November 17, 2001 and that the contents of your first affidavit are the once you did not witness? A Yes, sir. Q The good Prosecutor awhile ago asked you that some of the matters content in your second affidavit are likewise false, now for clarification Mister Witness, what is the reason why you executed this affidavit dated November 19, 2001? A

Ay ako nga po ay pinilit ni Boboy pinakausap po ako kay Manager sabi ko nga p okay Manager ay wala po naman akong nakita ang sabi ni manager ay sabihin ko laang daw yong totoo, ng ako ay dumating ay siya po ang nagsasalaysay at pinapirma laang po ako. Court Let it remain in the vernacular. Q Do you intend to impress this Court, Mister Witness that when you arrived at that place where this affidavit was executed that the same is already prepared and all they have asked you to do is to place a signature on it? A Hindi po, siya po ang nagsasalaysay, naroon po ako.

Q He is the one narrated for the affidavit, and why did you sign the affidavit while if it wasn’t you narrated the facts contents in the said affidavit. A Ang pagkasabi po niya ay wala daw naman pong pupuntahan iyon basta ganoon laang ay wala po akong alam na ito ay dadating sa ganito. Q Now, awhile ago Mister Witness, you made mentioned that you were pinakiusapan ng iyong Manager for the execution of the affidavit, now for this pakiusap of your Manager will you execute the affidavit dated November 19, 2001? A Yes, sir. Q

If not for the pakiusap of your Manager, will you execute that certain affidavit? A No, sir. Atty. Omar Ian R. Tuanquin That will be all for the witness, your Honor. Court Re-cross? RE-CROSS Atty. Cherry May P. Avellano Q Now, it was the. . . who is your Manager na pinakiusapan ka? A Rodel Dalisay, ma’am. Q It was Rodel Dalisay who make pakiusap to you to make an affidavit? A Yes, ma’am, ang sabi po niya ay sabihin ko laang ang totoo. Q And when you said that this Edemar Santos who allegedly narrating at the said affidavit which was stated in November 19, 2001, you were present, am I right?

As you testified awhile ago? A Yes, ma’am. Q But despite of the fact as you alleged it was Edemar Santos narrating the fact you still did not opposed or protested regarding the narration made by Edemar Santos, am I right? A Ay tumututol po ako ay ang sabi niya ay yon daw po ang totoo. Q Now and when the said statement was reduced into writing, you still affix your signature on it? A Pinirmahan ko po sabi po niya ay wala daw pong kung saan ito pupunta hindi ko naman alam na makakarating dito. Atty. Omar Ian R. Tuanquin

We request that the answer of the witness remain in the vernacular, your Honor. Atty. Cherry May P. Avellano No further question, your Honor. Atty. Omar Ian R. Tuanquin We intend to present as defense second witness, the responding officer, your Honor in the person of Retired Mauricio Buerano or in alternative witness, the accused, your Honor so as not to delay the proceedings. Court Calling this case for cross-examination of defense witness, Lino Santua whose cross-examination was completed and his testimony is now considered terminated.

In the meantime, continuation of presentation of defense evidence is set as previously scheduled on February 10, 2011; March 17, 2011 and April 28, 2011 all at 1:30 o’clock in the afternoon. The presence of accused, Arnedo Aumentado is noted. . January 13, 2011. SESSION ADJOURNED at 1:35 in the afternoon. x- – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – -x C E R T I F I C A T I O N I HEREBY CERTIFY that the foregoing transcript of stenographic notes is rue and correct to the best of my knowledge, hearing and ability. January 13,2011. MARILYN Z. FLORALDE Court Stenographer 1 Republic of the Philippines MUNICIPAL CIRCUIT TRIAL COURT OF INFANTA-GEN. NAKAR Fourth Judicial Region Infanta, Quezon People of the Philippines, Plaintiff, Criminal Case No. Om-0610 For: Attempted Homicide -versus- Vilma Macaranas VILLARIN, Accused. x- – – – – – — – – – – — – – – / T R A N S C R I P T OF THE STENOGRAPHIC NOTES TAKEN BY THE UNDERSIGNED DURING THE ARRAIGNMENT OF THE ABOVE-ENTITLED CASE ON THE 13th DAY OF JANUARY 2011 AT 1:30 O’CLOCK IN THE

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