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REPUBLIC
OF THE PHILIPPINES
REGIONAL TRIAL COURT
7th Judicial
Region
BRANCH 7
Cebu City
PEOPLE
OF THE PHILIPPINES,
Plaintiff,
- versus
-
CRIM CASES NOS CBU-45303
and -45304
FRANCISCO
JUAN LARRANAGA @
"PACO";
FOR: KIDNAPPING AND SERIOUS
JOSMAN AZNAR, ROWEN ADLAWAN @
WESLEY;
ILLEGAL DETENTION
ALBERTO CANO @ "PAHAK"; ARIEL
BALANSAG; DAVIDSON VALIENTE RUSIA @
"DAVID FLORIDO" @ "TISOY TAGALOG";
JAMES ANTHONY UY @ "WANGWANG" UY
AND JAMS ANDREW UY @ "MM" UY,
Accused.
x - - - - - - - - - - - - - - - - - - - - - - - - - - - - -/
T R A N S C R I P T
O F T H E
stenographic notes taken before HON.
MARTIN A. OCAMPO, Presiding Judge of
of Branch 7, Regional Trial Court, Cebu
City, during the hearing on August 20,
1998 at 2:00 o'clock in the afternoon.
Present:
HON. MARTIN A. OCAMPO
Presiding Judge
ASSISTED
BY:
Mrs. Alicia L. Formentera
Stenographer
Mrs. Lucila C/ Bajarias
Interpreter
APPEARANCES:
Prosecutor Primo C. Miro
Prosecutor Teresita Galanida
Prosecutor Ramon Jose Duyongco
Prosecutor Reynaldo Acosta
Prosecutor Cesar Estrera
Atty. Honorato Hermosisima
Atty. Bienvenido Saniel
Atty. Hilario Davide III
Atty. Joshua Dacumos
Private Prosecutors
Atty. Ramon Teleron
For accused Larraņaga
Atty. Edgar Gica
Atty. Fidel Gonzales, Jr.
Counsel for accused Aznar
PAGE
2
Atty. Lorenzo Paylado
Counsel for accused Uy brothers
Atty. Alfonso de la Cerna
Counsel for accused Adlawan, Caņo and Balansag
Atty. Ferdinand Saornido
Counsel for accused Rusia
PROS.
DUYONGCO:
We would like to make
it record, Your Honor, that Davidson Valiente Rusia is now available for the
further cross-examination of the other defense counsels.
COURT:
Alright. I understand
-- well, he was already cross-examined by Atty. Armovit for 2 hours and 20
minutes.
PROS.
DUYONGCO:
Yes, Your
Honor.
COURT:
In fact, he only
asked for extension of 15 minutes but the Court gave him 20. So it is now
the turn of the other defense counsels to cross-examine this witness. You
may call your witness, Fiscal.
PROS.
DUYONGCO:
May we call on
Davidson Rusia to the witness stand, Your Honor.
COURT:
But before he is
subjected to further cross-examination, the Court wishes to issue an Order
first. We are limiting further cross-examination of this witness up to 5:00
P.M. only today.
/to
the legal researcher:
Mrs. Mijares, will
you read this Order of the Court for the benefit of everybody?
O R D E R
In
view of the reported bribe attempt attempt on the accused-witness Davidson Valiente Rusia, who almost collapsed during his last
appearance before this Court due to poor health - and who
as manifested to this Court by the Prosecution in its "Motion to
Discharge" dated August 7, 1998 "is the only one who can provide
full eyewitness account from inception to culmination as to how, among other
things, the Chiong sisters were first nabbed against their will; how they
were brutally maltreated and sexually abused; and how Marijoy Chiong was
killed in a most ignominious manner;" further, in
PAGE
3
in view of the time constraints (continuous trial to be terminated in 60
days) imposed upon this Heinous Crimes Court by Supreme Court Administrative
Order No. 104-96 - as well as the Speedy Trial Act
of 1998 - and
in order to avoid the possibility of said vital eyewitness (or people
close or related to him) from being killed, kidnapped, threatened, bribed,
pressured, harassed, unduly influenced or whatever, as
explained in our Order of July 23, 1998 - the Court hereby resolves to limit
or circumscribe further cross-examination of said accused-witness.
This
Order is fully accordant with law and established jurisprudence, as shown
infra:
"It
is the responsibility of the court to control the mode of interrogating
witnesses and the presentation of evidence so as to foster the ascertainment
of truth, avoid needless consumption of time, and at the same time protect
witnesses from harassment or undue embarrassment" (Rules of Court
Annotated, by Justice Edgardo L. Paras, Vol. 4, p.517, 1991 Ed.).
"While cross-examination is a right available to the adverse party, it
is not absolute in the sense that a cross-examiner could determine for
himself the length and scope of his cross-examination of a witness. The
Court has always the discretion to limit the cross-examination and to
consider it terminated if it would serve the ends of justice" (People
vs. Gorospe, 129 SCRA 239; Anciro vs. People, 228 SCRA 629).
"Counsel
who desires to cross-examine a witness whose testimony is or may
subsequently become
competent as to him should do so when witness' evidence in chief is given to
the jury, so that counsel should avail themselves of
the opportunity to cross-examine before
the
witness leaves the stand, unless the court for some good reason, allows them
the privilege of cross-examination at a subsequent
stage
of the
trial, and after a witness has once left the stand, the party who introduced
him is a not bound to detain him for further examination on behalf of the
adverse party. Where during proceedings early in the trial as well as during
the state's rebuttal, accused's counsel is given ample opportunity to
examine a witness, accused's rights are fully protected" (98 C.J.S.,
Witnesses, Se, 370).
WHEREFORE,
cross-examination by the Defense Panel
of the said accused-witness Davidson Valiente Rusia
hereby
limited/confined to today's hearing and the entire testimony of said
accused-witness
PAGE
4
shall be deemed by the Court as terminated at exactly 5:00 P.M. today unless
the Defense Panel earlier (before 5:00 P.M.) manifests that it has finished
its cross-examination of said accused-witness or the Defense waives further
cross-examination - and/or unless the Prosecution manifests that it wishes
to conduct redirect examination of the said witness. The said
accused-witness may be cross-examined by each defense counsel for more than
30 minutes - unless his fellow defense counsels waive their corresponding
(30 minute) cross-examination of said accused-witness shall not extend
beyond 5:00 P.M. of this date.
Given
in open court at 2:00 P.M. this 20th day of August, 1998 at Cebu City,
Philippines.
SGD.
MARTIN
A. OCAMPO
J u d g e
COURT:
Please distribute
this Order.
ATTY.
TELERON:
Your Honor, please .
. .
COURT:
Yes.
ATTY.
Teleron:
In
reaction to that
Order, Your Honor, for our part for accused Larraņaga,
it
was Atty. Armovit who was assigned to cross-examine Davidson Valiente Rusia
but he had to rush back to Manila yesterday . . .
COURT:
No, his
cross-examination is already terminated.
ATTY.
TELERON:
Not yet, Your
Honor.
COURT:
He asked for 15
minutes more and the Court gave him 20. That is more than what he asked
for.
ATTY.
TELERON:
I
don't believe that . . .
COURT:
The Court considers
his cross-examination time was already terminated.
PAGE
5
ATTY. TELERON:
We don't believe so,
Your Honor, considering that there was a manifestation that one of the
defense counsels would just assign his opportunity to cross-examine.
COURT:
First, you were all
here. The first day, he conducted his cross-examination for
2 hours. At the end, he said
I have to give him for next hearing, Your Honor. Alright,
In fact, he cross-examined for 20 minutes. So,
automatically, tapos na. (finished already.)
Now it is your turn. Aba,
hindi pala ikaw (Ophs, it is not you) because
you are representing the
same time.
ATTY.
TELERON:
Precisely, Your
Honor. . .
COURT:
So the other defense
counsels may now cross-examine this witness.
ATTY.
TELERON:
Your Honor, please,
in the last hearing, wherein this witness-accused was presented for his
cross-examination, Atty. Armovit specifically implored the consideration
of the Court that he will just finish a few items regarding . .
.
COURT:
I
did not - I did not approve it. Did I approve it?
ATTY.
TELERON:
Well, it was because,
Your Honor, at the inception of the trial . . .
COURT:
I allowed him 15
extra minutes. That was all.
ATTY.
TELERON:
Yes, Your Honor. But
the understanding of the defense was that at the inception of the trial, it
was categorically declared by the Honorable Court that while each counsel of
each accused will be given a limited time, the other counsels may waive
their time to the counsel who is cross-examining the witness.
COURT:
Not in favor to Armovit because he has
already terminated his cross-examination.
(NOTE:
For the benefit of our foreign readers, blue wordings is our translation
from Tagalog (Philippine language) to English ...the webmaster).
PAGE
6
ATTY. TELERON:
But it will be
the option of the other defense counsels, Your Honor.
COURT:
He is not here. So
what do you want me to do now, postpone the trial? Is that what you
want?
ATTY.
TELERON:
Precisely, Your
Honor, please, considering that he was the one who started the
cross-examination of . . .
COURT:
No,
no, no. That is denied. You may now cross-examine this witness for 30
minutes each or more than 30 minutes if the other counsel waive their right
in favor of the cross-examiner.
ATTY.
GICA:
May it please the
Honorable - may we say something, Your Honor.
COURT:
Yes.
ATTY.
GICA:
In connection
with the Order that has just been distributed, Your Honor, may we resave our
right to make comments and/or . . .
COURT:
Of Course.
ATTY.
GICA:
A reconsideration of
the 0rder.
COURT:
Reconsideration is
denied. You may go to the Supreme Court
or the Court of Appeals for
certiorari.
ATTY.
GICA:
So, may we reserve
our right to do that, Your Honor.
COURT:
Of course you don't
have to
reserve your right. You can
do that any time. If you don't want to cross-examine this witness now then
the Court shall consider you to have waived cross-examination of this
witness
PAGE
7
and we will send him back to the CIG and I will tell the prosecution to
present their next
witness.
Are you
going to cross-examine this witness now
or not?
ATTY.
GICA:
Without
waiving our right, Your Honor, to question the procedure that has
been set by this Honorable Court, in its Order, we are conducting our
cross-examination questions for fear of being foreclosed, later on.
COURT:
Yes, proceed.
ATTY.
TELERON:
Your Honor, please,
we would also like to manifest that the presentation of Davidson Valiente
Rusia today gave us a surprise because yesterday they presented a medical
certificate attesting to the fact that this witness is to rest for 3 to 5
days.
COURT:
No.
ATTY.
TELERON:
So that, we were . .
.
COURT:
At the close of the
hearing yesterday, I said you may continue to cross-examine Mrs. Chiong
unless the witness Rusia is available already for cross-examination in which
case your examination on Rusia already -- further cross-examination. The
records will show that I made that statement. Why are you relying on the
medical statement - you rely on the Order of the Court not on the medical
certificate or whoever issued that?
ATTY.
TELERON:
That's it, Your Honor but this is because of
the confusing order of trials the prosecution has been following.
COURT:
Yes.
ATTY.
HERMOSISIMA:
Your Honor, at that
hearing when witness Rusia almost collapsed and he was excused by this
Honorable Court from testifying further, it was clearly stipulated by this Honorable
Court that the moment witness Rusia is available then he should be
immediately be presented in Court. That is what we are doing now.
PAGE
8
COURT:
Now we are wasting time. It is 2:05 P.M.. Cross-examination now begins. 2:05
- 30 minutes each.
COURT
INTERPRETER:
Davidson Valiente Rusia testifying under the same oath on
continuation of the cross-examination.
COURT:
Unless
there is a waiver in favor of the cross-examiner by the other counsels.
ATTY. TELERON:
In
behalf of accused Larraņaga, Your
Honor, we reserve to
question the Order of the Honorable Court considering that
we still believe that we have the right to cross-examine the witness.
COURT:
As I said, you don't have to reserve anything.
ATTY. TELERON:
Just
for the record, Your Honor.
COURT:
Alright. You can always go to the Supreme
Court or
the Court of Appeals. The moment I receive a restraining order. I will
stop with this trial immediately. That
is understood. You don't have to reserve. You have been doing that all
along. This trial was delayed for one year because you asked for a
restraining order from the Supreme
Court. Now you want to say you are reserving? Did
you reserve the first time? You did not make a reservation. You're
just wasting time. Paņero. (My
fellow lawyer.) Proceed with your cross-examination. It is now 2:05.
Now if you do not want to conduct your cross-examination, I will consider
you to have waived for failure to conduct cross-examination.
ATTY. GONZALES:
Your
Honor, please, for accused Josman Aznar.
COURT:
Proceed.
ATTY. GONZALES:
First
of all, I would like to adopt the cross-examination conducted by Atty. Ramon
Armovit and in addition thereto, may
we proceed Your Honor,
(NOTE:
For the benefit of our foreign readers, blue wordings is our translation
from Tagalog (Philippine language) to English ...the webmaster).
PAGE
9
COURT:
Go ahead.
CROSS-EXAMINATION
BY
ATTY. FIDEL GONZALES, JR.
Q What
age were you at the time you
left for the United
States from
Bohol
?
A The first time,
sir?
Q
Yes.
A
About 11 years old, sir.
Q
About 11 years old?
A
Yes, sir.
Q
That was the first time that you left for the United States.
You are not going
to change that answer?
A
Almost the first time, sir.
Q Alright, let's follow your story. Did I get you
correctly that you took your elementary in the United States as well as in
your Senior High School. That is right?
A Yes, sir.
Q
So, if you took your elementary
in the United States and you were able to reach senior high, that means you
have been staying for 12 years because senior high in the United States
Grade 12. Is that correct?
A
Yes, sir, that is correct.
Q
That is correct. So, when you left the United States at age 11, you were
born in 1973, so you must have left for the
United States
for the first time in 1984. Is that right?.
A
No, sir, that is not correct.
Q
That is not correct. What is correct then?
A
I left the United States for about at the end of 1986.
Q
You left the
United States
about end of 1986. But then you told the Court that you were born in 1973.
Is that not correct?
A
Yes, I do.
Q
And you said you left when you were
still 11 years old. So we add 73 to 11, that is 1984.
PAGE
10
ATTY. HERMOSISIMA:
We object, Your Honor,
misleading. What the witness testified a while ago was he left about. There
is no . . .
ATTY.
GONZALES:
Precisely, simple
mathematics.
COURT:
Why don't you ask him
this way - why is it that he says he is mistaken about? Will you explain why
or how come?
A Well, you see, Your Honor, you know, I grew up with my
Lolo and then
he died in '85 so in '86 about the end of '86 that's when my mother finally
had a chance to petition me for the United States and then arrived in the
United States
, I was enrolled as a Grade 4 in elementary and then graduated in elementary
and then I took high school there which is Grade 10. Now, when I came back
and enrolled myself they told me that Grade 10 was a senior high school.
That's why I said I was a senior high school.
COURT:
Alright, that is his
explanation.
ATTY.
GONZALES:
Q
Alright, So now you are going to change your answer in effect because
when I asked you that since you said you were a senior high school student
you should have been Grade 12 and you answered yes.
ATTY.
SAORNIDO:
We
object, Your Honor. There is nothing that is changed in the answer.
ATTY.
GONZALES:
I am not questioning,
Your Honor.
COURT:
Let him explain his
objection. Why are you objecting, Paņero? (My fellow
lawyer?)
ATTY.
SAORNIDO:
He is asking from the
witness, Your Honor, a misleading question. The witness did not change . .
.
ATTY.
GONZALES:
I have not yet even
asked a question.
PAGE
11
ATTY. SAORNIDO:
I object to the word change, Your Honor,
COURT:
The witness explained already that point that it was
about a difference of 1 year. Why does it make a substantial difference?
ATTY. GONZALES:
Yes, there is, Your Honor and we will . .
.
COURT:
He made a mistake about his
age, or years in high school or what?
ATTY. FIDEL:
Yes, Your Honor, that's very material to.
. .
COURT:
Or he is a big liar. Alright. You want to make it
appear that way that because he made a mistake 1 year in schooling he is a
big liar?
ATTY. GONZALES:
Your Honor, please,
may we . . .
COURT:
Why make a mountain
out of it when it is not that important. Proceed.
ATTY. GONZALES:
It's very material to
our case, please.
COURT:
Alright, why is it very material?
ATTY. GONZALES:
May we just proceed, Your Honor, please?
COURT:
Go ahead.
ATTY. GONZALES:
Now, so you are now saying that you reached
only Grade 10. Is that right?
A Yes, Sir.
Q Did I get you correctly?
CERTIFICATION
I hereby certify that the foregoing is a true and correct transcript of
stenographic notes taken in the above-entitled cases. However, above transcription
is only a portion of the proceedings because due to time constraint, the rest
of the proceedings cannot be transcribed as of date.
Transcription of the same shall be continued any time today
after this certification.
Cebu City, August 27, 1998.
SIGNED: ALICIA L. FORMENTERA
Stenographer
PAGE
12
A Yes, sir.
Q Now, you were there enrolled in Grade 4 and then you reached Grade 10. So, we try
to add how many years you were staying there. Okay? Now, Grade 4, Grade 5, Grade 6, Grade 7, Grade
8, Grade 9, Grade 10. So all in all, you were there 7 Years. Would you agree with me?
A For my schooling yes.
Q So you were there the whole 7 years. Is that correct?
A No, I went back here - after high school I went back here in
'91.
Q Wait a minute. I am just asking you whether you were there straight for 7 years because you said that you
reached Grade 10?
A Yes, sir, I was there.
COURT:
No, he saying that he came back and he was not there straight. That is why he's saying he came back.
ATTY. GONZALES:
That is his answer, Your Honor. He said he was there straight. That's why I'm asking him again.
COURT:
That is why he is explaining that he was not there straight but he
came me back. When did you come back?
A 1991, the first time I came back.
COURT;
Q So you were not there straight for 7 years.
Within those 7 years you came back. Is that what you want to say?
A Yes, Your Honor.
COURT:
He came back within those 7 years.
ATTY. GONZALEZ:
Q Before you came back to the Philippines you already reached Grade 10. Is that correct?
A Yes, that is correct.
Q That is correct. So, in other words, there was no time that you came back to the Philippines
before you reached Grade 10. Is that correct?
PAGE
13
COURT:
Did he not say he come back within those 7
years?
ATTY. GONZALES:
Your Honor, I'm . . .
COURT:
Sinabi na niya. (He
already said it.) Why are you insisting that he did not come back?
ATITY. GONZALES:
No, Your Honor . . .
ATTY. GICA:
He said he came back.
COURT:
He said he came back.
ATTY. GONZALES:
What I am pointing
out, Your Honor . . .
COURT:
And then you are
insisting . . .
ATTY. GONZALES:
No, I am asking him .
. .
COURT:
That he did not come
back.
ATTY. GONZALES:
He came back, Your Honor, but
I'm asking whether or not he came back after he became Grade 10. That is my question, Your Honor.
COURT:
Q Within that 7-year period before you
reached Grade 10, you came back?
A No. May I explain, Your Honor?
Q Did you not come back?
A Yes, I came back in 1991.
Q You were then in what
grade?
(NOTE:
For the benefit of our foreign readers, blue wordings is our translation
from Tagalog (Philippine language) to English ...the webmaster).
PAGE
14
A In 1991 I was In Grade 10.
Q Grade 10. So you were in
Grade 10 when you came back Grade 5?
A Yes, Your Honor.
Q Not before you reached Grade 10?
A Not before I reached Grade 10.
I was to take Grade 10.
Q You were in the United States from Grade 4 to Grade 10 straight?
A Yes, I was to take Grade.10,
Q Did you come back during
that 7-year period?
A Yes, I was to take
. . .
Q When?
A You see, when I reached Grade 4 because of my
age, they raised me up to Grade 5. Now, that's when
Grade 5. Grade 6, Grade 7, Grade 8, Grade 9, Grade 10.
Q No. Before you reached Grade
10, did you come back to the Philippines?
A Yes, I dId, Your Honor.
Q What grade were you then when you came back?
A I was to attend Grade 10.
Q No. I said be fore you reached Grade 10. Did you come back when you were Grade 4 or Grade 5 or Grade
6, did you come back?
A No, Your Honor.
Q So you were In the United States from Grade 4 to Grade 10?
A Yes, Your Honor.
Q So, straight. You did not come back at all?
A Yes, Your Honor.
Q When did you come back?
A 1991.
Q That Is when you were already In Grade 10?
A That's when I was about to
take Grade 10.
PAGE
15
Q When you were about to
what?
A When I was about to take Grade 10.
Q You were about to take Grade 10. But you were there In Grade 9. Is that
what you mean?
A Yes, and I passed Grade 9.
Q You passed Grade 9?
A Yes, your honor.
Q You were about to take Grade
10?
A To take grade 10.
COURT:
So that's his explanation.
He was about to become Grade 10 when he came back to the Philippines.
Proceed.
ATTY.
GONZALES:
Q Okay, let us just follow your story.
So, you are now saying because there were 7 years for you to reach Grade 10 you have
stayed 7 years and then you said that you came back when you were about to be Grade
10. So we will just know that you were there for 6 years. From 1986, we add 6
years, that means you were there In 1992. Is that correct?
A No, sir.
COURT:
No, sir, he said.
A May I explain again, Your Honor?
COURT:
Q Will you explain. When
were you in the United States?
ATTY. GONZALES:
Your Honor please,
there is . . .
COURT: (CONTINUED)
Q During what year were you there?
A Okay, I was there - when I arrived there I had my
'87 Christmas and then I was enrolled to Grade 4 and then because of my
age, I was raised up.
Q So, when you wore Grade
4, what year was that?
A That was '87, your Honor.
PAGE
16
Q So from 1987 up to when were you there in the States up to Grade 9. What year was that when you were in Grade 9?
A I was there up to 1991 because I had
. . .
Q So from 1987 up to 1991, you were in the United States?
A Yes, Your Honor.
COURT:
Alright. That is his answer.
ATTY. GONZALES:
Q From 1987 to 1991?
A Actually, I arrived here
1990.
Q So you arrived here 1990. It is no longer
1991?
A Yes, sir.
Q Oh, come on. How come you're always changing your answer?
A Okay, no. Your Honor, may I explain everything?
Q So, you want to explain again? You want to explain?
A You see, I'm getting confused
. . .
COURT:
Let us not use this harsh language to the witness. If he gave a consistent answer that is part of the record and we are supposed to ask him to
explain. Explain.
A Okay. '87 I arrived there.
No, you know, that was '86 and then when I arrived there I had December '87
which I had my Christmas there. That was my first Christmas in the United States. So I was enrolled in Grade
4. Now, because of my age, I was raised up to Grade 5. So I had my Grade 6, Grade 7. Grade 8 and Grade 9. And then, in
'91 I mean '90, I went back there in '91, the following year I was supposed to be enrolled in Southwestern because my Mom followed me here in the
following year. And you know since they told me I was only to be enrolled in third-year high school. I did
not I said, no, because in the United States . . .
COURT:
Q So what year did you arrive here in
1990? In 1990? What month in 1990 when you came back to the Philippines?
PAGE
17
A I think that was before
December.
Q Before December of 1990?
A Yes, Your Honor.
Q What do you mean before December, was It November?
A I can't remember but It
was . . .
Q Or October?
A Not it was after October because I had my birthday there on
. . .
Q After October?
A Yes.
Q But before December
A Yes, but before December.
COURT:
AlrIght, that Is his answer.
ATTY.
GONZALES:
Your Honor, please, may we
request, Your Honor, that If ever there Is any explanation by the witness,
which is not asked, It should be done on the redirect, Your Honor.
COURT:
I'm the one asking
the witness.
ATTY. GONZALES:
I'm sorry, Your
Honor.
COURT:
Because I want to know the truth. I have a right
examine and cross-examine witnesses.
ATTY>
GONZALES:
Yes, Your Honor.
COURT:
Alright.
ATTY. GONZALES:
Q Alright. When did you say you
saw the accused Josman Aznar?
A I met him In 1991, sir.
PAGE
18
Q What month of 1991 did
you see him?
COURT:
/to Atty. Gonzales
You are given an extra 10 minutes because of the
Interruptions.
A I couldn't recall what month It was, sir,
Q You cannot recall. And you told the Court that
it was In Southwestern University that you allegedly saw the accused Josman
Aznar?
PROS. DUYONGCO:
Objection.
COURT:
Ground?
PROS. DUYONGCO:
Misleading. Not saw
- I met . . .
COURT:
Will you reform your question to avoid the
Fiscal's objection?
ATTY.
GONZALES:
Q What do you mean when you say that you met Josman Aznar?
A He was Introduced to me by my cousin's
friend. A friend of my cousin.
Q You were Introduced by your?
A He was a friend of my cousin.
Q A friend of your cousin?
A Yes, sir.
Q Who is that cousin of
yours?
A Andy Rusla.
Q This friend, what is the name of the friend of Andy?
A I don't know his real
name, but I only know him as Sonjo, his nickname. His nickname Is Sonjo, my
cousin's friend.
Q Now, this Sonjo Is supposed to be the one who
Introduced you to Josman Aznar. Is that correct?
PAGE
19
PROS. GALANIDA:
Misleading to the word
supposed to be.
ATTY. SAORNIDO:
We object to the word supposed, Your
Honor. The witness did not testify to that effect about supposed - so misleading.
ATTY.
GONZALES:
It's not misleading, Your
Honor.
ATTY. SAORNIDO:
Supposed, Your Honor.
The witness testified that he was Introduced not supposed.
ATTY. GONZALES:
Because we don't believe
that Your Honor.
COURT:
Why will you use the word supposed?
ATTY. GONZALES:
Well, allegedly.
COURT:
So, this witness according to you
- yon nga, (that's it) according to you.
ATTY. GONZALES:
Q Okay, we will use the phraseology of this Honorable
Court. According to you you were introduced by a
certain Sonjo to Josman Aznar and yet you don't even know the fall name of the one
Introducing Josman Aznar?
ATTY. SAORNIDO:
Already answered, Your
Honor.
PROS.
DUYONGCO:
Argumentative.
ATTY. SAORNIDO:
And besides, it is argumentative.
COURT:
Sustained.
(NOTE:
For the benefit of our foreign readers, blue wordings is our translation
from Tagalog (Philippine language) to English ...the webmaster).
PAGE
20
ATTY. GONZALES:
Alright, I just want that on record,
your Honor.
COURT:
What can we do? It
has not done damage. Maybe he does not want to tell the court or - what can we do?
E kung ayaw sabibin. (So, if he does not what to say
it.)
ATTY.
GONZALES:
Q Now, where In thls Sonjo now, If you know?
A I don't know where he is now.
Q You don't know?
A I don't know where is Sonjo now.
Q You don't even know this
Sonjo is residing?
A No, sir, I don't.
Q Definitely this Sonjo is not your close
friend. Is he considering that you don't even know his family name?
A Like I said, he Is a friend of my
cousin.
Q How did this Sonjo allegedly Introduce you to Josman?
A I was Inside the High School
Department where where the canteen was and that's where we hang out and then
. . .
COURTi
Q High school Department of what? What school?
A In Southwestern University, Your Honor.
Q Southwestern University. Alright.
A And I hang around there and
then Josman arrived and then, you know my cousin's friend said that, That Is
Josman Aznar because I asked him who was he.
Q So, It was you who asked your
friend, your cousin's friend Sonjo, who Is this guy. Is that It?
A Yes, sir.
COURT:
You have to speak louder because there
is a tape recorder there,
ATTY. GONZALES:
Q So, in other words, you
were not really introduced to Josman but you were just curious, asked Sonjo, who
is that guy and so Sonjo told you, that is Josman Aznar. Is that right?
(NOTE:
For the benefit of our foreign readers, blue wordings is our translation
from Tagalog (Philippine language) to English ...the webmaster).
PAGE
21
A Yes, sir.
Q In fact, after Sonjo you that that
is Josman Aznar, you did not even shake his hand because Josman Aznar just went thru?
A No, he did not went thru.
COURT:
Q What happened?
A He hang around with the other
guys who were In the canteen.
COURT:
Alright, that is his answer.
ATTY. GONZALES:
Q But you were sitting on a table or what?
A No, there wax a seat on the side like
in a lobby, you know, where there's a seat there.
Q So you saw Josman Aznar and he had some friends
with him talking. Is that right?
A Yes, I saw him talking to some of the guys,
Q You know those friends of
his that you saw that he was talking to?
A They were just guys
hanging around there.
Q You don't know those guys?
A No, sir.
Q You don't know anyone there except
Josman Aznar. Is that right?
A My cousin's friend.
Q Oh, yes, because you were
with your cousin's friend?
A Yes, Sir.
Q So, it was only your cousin's
friend and Josman Aznar whom you know on that particular day that you allegedly saw Josman
Aznar. Is that right?
A Yes, Sir.
Q What time was that of the day?
A I cannot recall that,
sir.
Q You cannot recall. So you cannot recall whether it
was morning, you cannot recall whether it was in the afternoon, neither could you recall whether
it was in the evening. Is that what you want to say?
PAGE
22
ATTY SAORNIDO:
We object, Your
Honor, misleading. He could not recall the time but that would be different
if he is asked about morning, afternoon. The time he - is referring to
time, Your Honor.
COURT:
Alright.
ATTY. TELERON:
Your Honor, may we
remind again that the objections only will be stated not explanation.
ATTY. SAORNIDO:
Misleading, Your
Honor.
ATTY. TELERON:
This has always been done by the
prosecution, Your Honor. May we also request the Court that It be a warning to the prosecution.
COURT:
Alright, we are warning the prosecution to
first state the objections ground before explaining. That Is the rule.
Proceed.
ATTY. GONZALES:
Q You did not even have a chance to talk to Josman
Aznar on that day. In that right?
A Yes, sir,, that's right.
Q And so when was the next time that you saw
Josman Aznar that was on July 16, 1997 at Ayala?
A No, that was not the next time.
Q When was the second time that you
allegedly met this Josman Aznar?
A Way back In '91 I saw him
in the same place hanging around there a couple of times. That was back in
1991.
Q By the way, where were you residing then In 1991?
A In Labangon.
Q With whom?
A My auntie.
PAGE
23
Q Of your aunt. What about your Dad?
A My Dad wasn't around.
Q By the way, the definition of
a person who is a son with unmarried parents or illegitimate child is called bastard. Would you
consider yourself a bastard?
PROS. DUYONGCO;
No basis, Your Honor.
ATTY. SAORNIDO:
We object, Your Honor. No basis.
ATTY. HERMOSISIMA:
And immaterial, Your Honor, please.
COURT:
And besides, it is embarrassing to the witness and there is no basis that he is
. . .
ATTY. GONZALES:
Q Is your . . .
COURT:
That what? That he is an illegitimate child. Is that
that what you are trying to say?
ATTY. GONZALES:
Q Is your mother and father married to each other?
A No, they are not, sir.
Q So that means you are an illegitimate child. Is that right?
A That's correct.
Q What would you be doing there in Southwestern
University on the first day?
A Like a normal teenager hang around.
Q Like a normal teenager hang around. And would you consider yourself hanging around at Ayala your being a normal teenager?
A Yes, it is. It is normal.
COURT:
Why, was he a teenager at the time of the
commission of the offense? The way I see him - last year - he is
no longer a teenager. Are you referring to that?
PAGE
24
ATTY. GONZALES:
Yes, Your Honor,
COURT:
He is hanging around
. . .
ATTY. GONZALES:
Yes, and then he answers
. . .
COURT:
That is misleading
because he is no longer a teenager like you. He Is only 23 now.
ATTY. GONZALES:
That's why, Your
Honor, he is answering because he feels he is still a teenager.
COURT:
Last year he was 22 and
when you say that he assumed he was a teenager, you are misleading the witness.
ATTY. GONZALES:
No. You were hanging around just like a
teenager.
PROS. GALANIDA:
Just like a normal
teenager.
ATTY. GONZALES:
It Is not that I'm
saying that he is a teenager.
COURT:
Alright. Do not assume that he was a teenager last year
because he was already 22. Alright, that is all I want to say, Do not
assume.
ATTY. GICA:
Your Honor, please .
. .
COURT:
That he was a
teenager because a 22-year old son e hindi na (is not
anymore) teenager. Unless you want to consider yourself a teenager also.
ATTY. GICA:
Your Honor, it is not
an assumption . . .
COURT:
Yon na lang, ha? (That's
all only, ha?) Biro lang, (Joke only,) Joke
only. Proceed.
(NOTE:
For the benefit of our foreign readers, blue wordings is our translation
from Tagalog (Philippine language) to English ...the webmaster).
PAGE
25
ATTY. GICA:
It's an attitude, Your Honor,
which we are trying to . . .
COURT:
Blnlbiro ko lang si
Paņero, o. (I am only fooling my fellow lawyer, ok.)
Proceed.
ATTY. GICA:
Thank you, Your Honor.
COURT:
Yes. 22 na. (already)
Ikaw naman, O. (You only, ok.)
ATTY. GONZALES:
Q Who was with you when you allegedly saw for the second time Josman
Aznar?
ATTY. GONZALES:
Q I would like to make It of
record, Your Honor, that tile witness is not answering.
PROS. GALANIDA:
The witness is thinking, Your Hono |