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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 CBU-45304
FRANCISCO
JUAN LARRANAGA @
"PACO";
FOR: KIDNAPPING AND SERIOUS
JOSMAN AZNAR, ROWEN ADLAWAN @
WESLEY;
ILLEGAL DETENTION
ALBERTO CANO @ "ALLAN PAHAK"; ARIEL
BALANSAG; DAVIDSON VALIENTE RUSIA @
"DAVID FLORIDO" @ "TISOY TAGALOG";
JAMES ANTHONY UY @ "WANGWANG"
AND JAMS ANDREW Uy @ "MM",
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 24,
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 Cesar Estrera
Prosecutor Teresita Galanida
For the State
Atty. Honorato Hermosisima
Private Prosecutor
Atty. Rafael Armovit
Atty. Ramon Teleron
For accused Larraņaga
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2
Atty. Edgar Gica
Atty. Fidel Gonzales, Jr.
Counsel for accused Aznar
Atty. Alfonso de la Cerna
Counsel for accused Adlawan, Caņo and Balansag
Atty. Lorenzo Paylado
Counsel for accused Uy brothers
Atty. Ferdinand Saornido
Counsel for accused Rusia
COURT:
/to Court
Interpreter:
Call the cases.
COURT
INTERPRETER: (Calling the cases)
PEOPLE
OF THE PHILIPPINES versus FRANCISCO
JUAN LARRANAGA @
"PACO";
JOSMAN AZNAR, ROWEN ADLAWAN @
WESLEY;
ALBERTO CANO @ "ALLAN PAHAK"; ARIEL BALANSAG; DAVIDSON VALIENTE RUSIA @
"DAVID FLORIDO" @ "TISOY TAGALOG"; JAMES ANTHONY UY @ "WANGWANG"
AND JAMES ANDREW UY @ "MM", CRIMINAL CASE NOS. CBU-45303 and CBU-45304
for Kidnapping and Serious Illegal Detention.
COURT:
There is a Motion to Inhibit
filed by the defense. I noticed that while the Motion says all the accused are asking for
it, Atty. de la Cerna has not signed it for the 3 accused who are his clients. Papano
ito? (How is this?)
ATTY. DE LA CERNA:
In my copy, Your Honor, I have signed.
COURT:
Well, you have not
signed this copy submltted to the court. Will you sign It?
ATTY. DE LA CERNA:
Yes, I will sign it.
COURT:
To make It official that you are also asking for the
inhibition, Now, this Is adversarial proceedings and we need to hear from the prosecution also
because they may not want to inhibit myself and of course, both the
prosecution and the defense want me to inhibit myself. I May agree but let
us hear from the prosecution also. Yes, Fiscal?
(NOTE:
For the benefit of our foreign readers, blue wordings is our translation
from Tagalog (Philippine language) to English ...the webmaster).
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PROS. MIRO:
Only this afternoon we have received a copy of that
motion and we have in mind to file our opposition to that motion.
COURT:
Well, would you please do that
opposition - within how many days will you file?
PROS.
MIRO:
Maybe tomorrow.
COURT:
Alright, tomorrow or there is ...
PROS. MIRO:
Or 5 days time but meanwhile, Your
Honor, please, since we are . . .
COURT:
Within 5 days,
alright.
PROS. MIRO:
Yes. Since we are ready
with the presentation of additional witnesses may we be permitted to call another witness, Your Honor?
COURT:
Of course, yes. I
just wanted to explain first this inhibition for the benefit of everybody. The
Rules of Court provides that - Rule 137 provides that - A judge may inhibit himself from hearing a
case for just or valid reason. In other words, there must be just or valid
reason otherwise a judge will not be justified in inhibiting himself. Kung walang
(If there's no) just or valid reason, then a judge will simply inhibit
himself because he wants to unburden himself from this case - ano ba yan -
ano'ng tawag nyo? (What is that - what do you call
this?) Well, that Is . . .
PROS.
GALANIDA:
Shirking from . . .
COUAT:
Shirking from one's duty - abdication ang tawag
doon. (is what it is called.) Abdication, para kang nag-abdicate.
(as if you abdicated.) Ayaw ko' na. (I
don't want that.) Who doesn't want to rest? Gusto ko nga kung pwede
lang. (I want that if it is possible.) Kung pwede lang hawag na tayong maghlrap
dito. (If possible only lets not make it hard for us
anymore.) Matulog na lang tayong pare-pareho. (Lets
us all sleep only.) What can
(NOTE:
For the benefit of our foreign readers, blue wordings is our translation
from Tagalog (Philippine language) to English ...the webmaster).
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we do this is our job? I was designated special heinous judge. Nagmumukhang heinous na nga tuloy ako,
e. (I am starting to look heinous already.) What can we do?
And to law says there has to be just or valid reason before you can just leave from the case.
Hindi naman pwedeng basta iwanan mo na lang (You
cannot just leave) without any reason at all. Hindi ba? (Isn't
it so?) So we will ask from the Fiscal if they believe there are
valid; just and valid reason.
PROS,
MIRO:
Definitely not, Your
Honor, because the witness was exhaustively cross-examined. As a matter of
fact, if the records will be consulted, he was exhaustively cross-examined for more
than 2 hours.
PROS. GALANIDA:
For 2 hours and 25
minutes.
COURT:
No, a total of almost 5 hours.
PROS.
MIRO:
For Atty. Armovit
only.
COURT:
Including the other defense lawyers.
COURT:
For Atty. Armovit only.
COURT:
And the law says that a lawyer
must be ready to conduct cross-examination of the adverse party's witness immediately
after he gives his - he is subjected to direct-examination. Unless the Court
for-good reason allows the cross-examination to be conducted on a subsequent case. That
is what happened, and the witness became indisposed. O, papano - (So,
how -) so I said that if he will be ready for cross-examination when
he becomes well enough. That is what happened on August 20. He was well enough. He was brought
to the witness stand and you said you were surprised. You're not supposed to be surprised because from the
very ending of that witness' direct-examination, you should have been prepared to cross-examine him.
Now, you are citing your own negligence, your own unpreparedness for asking me to inhibit myself? So
kasalanan nInyo yen, e, (But that is your fault.) Why were you not
prepared?
ATTY. GICA:
Your Honor, please .
. .
(NOTE:
For the benefit of our foreign readers, blue wordings is our translation
from Tagalog (Philippine language) to English ...the webmaster).
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Teka muna hindl pa ako tapos
e. (Wait a moment, I have not yet finished.) Sit down.
Isa pa lang (Only one) sit down. Why will I
tell you sit down? E (because) - I don't want to hear your arguments anymore. Why, am I oblige to hear your arguments? As long as you want to talk? Hindi pwede
yon. (That cannot be.)
ATTY. GICA:
No, it has to be not like that, Your Honor, because we are advocating
. . .
COURT:
No, no. Sit down. I
am telling you to sit town. You can advocate, you can argue as long as you want.
But, within limits. If the court doesn't want to hear anymore of your arguments,
if you want to believe, you are being dilatory. I ask you to sit down or tell you to sit down otherwise,
pwede ba yon? (Can that be?) You want to speak for
1 hour and as long as you want? You will delay this proceedings? Naturally, I would tell you to sit down
kung sobra na. (if it is too much already.) I believe there Is no need for you to
say anything. Alright, you may now . . .
ATTY. GICA:
Thank you, Your Honor. That Is actually the criterion. If our
manifestations, our arguments are sobra na (too much) but the records can bear us out, Your
Honor, that there was never any argument that Is sobra na (too
much) on the part of the defense. Now, the tact that there was a
cross-examination made by the defense panel - even If we have to assume it's more then 5 hours, Your
Honor, it would not erase the fact that there are still some very vital and
important points. In the testimony of Rusia, that we have to test, Your
Honor, by the process of cross-examination, Atty. Armovit, Your Honor,
counsel for accused Larranaga, was able to touch only on the part of Rusia, on the conviction of Rusia of a crime
involving moral turpitude in the United States of America. He had not yet touched on the vital points of his testimony regarding that crime alleged to have been committed by the accused, Atty.
Fidel Gonzales on cross-examination was ably able to touch the little points of Rusia, Your
Honor, but not all of the testimony of Rusia. I was only given, Your Honor, a period of 15 minutes. I asked this
Honorable Court to give as enough leeway, enough time because the only
limitation that Is actually imposed by the rules is whether or not our questions are irrelevant,
immaterial and impertinent to the issues but we are not. We cannot also say and anticipate that the questions of the
defense would be irrelevant, impartial, impertinent not until after the question Is propounded.
Only then should we know that the questions propounded by the defense would be Immaterial,
irrelevant and impertinent to the issues. But unless
(NOTE:
For the benefit of our foreign readers, blue wordings is our translation
from Tagalog (Philippine language) to English ...the webmaster).
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a question is shoot into the witness, Your Honor, no one could say that this
question is immaterial, irrelevant and impertinent and that is the only limitation under the
rules. And in our experience in the advocacy under the law, Your Honor, we
have not also come across a limitation of minutes or even hours. As I cited
therefore and the records will bear me out, we have handled a case in Davao
City, a Murder case, a Rubillo ease, The city councilor of . . .
COURT:
Please shorten your
arguments, Paņero. (My fellow lawyer.) You are
taking too much time.
ATTY. GICA:
Okay . . .
COURT:
I'll
give you a few more minutes.
ATTY. GICA:
Just that much, Your Honor.
COURT:
Alright.
ATTY. GICA:
Just that much, Your
Honor. So we believe, Your Honor, - that - we have been respectful to the Honorable Court.
We have actually respectful to the Honorable Presiding Judge.
COURT:
Did I say that you are disrespectful? I'm
not saying that you are disrespectful. But I have to . . .
ATTY. GICA:
Me, personally, Your
Honor . . .
COURT:
Yes, we are friends.
We are personal friends.
ATTY. GICA:
That's is right.
COURT:
In fact, I call you by your first
name, Edgar. But we have to put a stop to the argument and proceed with the trial. So,
there is only one thing for me to say, that is, sit down. Hindi naman pwede
mag-proceed (We cannot proceed)
(NOTE:
For the benefit of our foreign readers, blue wordings is our translation
from Tagalog (Philippine language) to English ...the webmaster).
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if you are standing up if you continue to talk. So I have to make you sit down otherwise I will hold you in contempt, 0, papano?,
(So, how now?)
ATTY. GICA:
Your Honor . . .
COURT:
I'm mandated to conduct a speedy trial. E,
papano? (And so how?) And you insist on talking.
ATTY. GICA:
It will be . . .
COURT:
That has to be stopped.
ATTY. GICA:
It would be lengthy if we-have to cite
matters, points, circumstance, fact in the records, Your Honor. But the fact is,
we just feel, Your Honor, that we are not given what is due us officers of the court.
COURT:
Alright. So, enough. Will you please sit down
now and I will comment on that . . .
ATTY. ARMOVIT:
May I make a short response. It seems, Your
Honor, that the prosecution's only argument for curtailing the right for
cross-examination is timed. They equate exhaustive . . .
COURT:
No, no. The reasons were given by the Court in its Order of August 20. All the reasons are there. It
is not only because of the alleged bribe attempt. There are several reasons given by the Court
itself in its Order.
ATTY. ARMOVIT:
Yes, Your Honor, I was
. . .
COURT:
It was not the prosecution that gave
those reasons. It was me, ha?
ATTY. ARMOVIT:
No, Your Honor. It was not, Your
Honor, because . . .
(NOTE:
For the benefit of our foreign readers, blue wordings is our translation
from Tagalog (Philippine language) to English ...the webmaster).
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COURT:
In fact, they have no motion
to curtail or to shorten the cross-examination. That is a motu propio Order of
the Court.
ATTY. ARMOVIT:
Yes.
COURT:
Not based on the prosecution's Motion. That is a motu
propio Order of this Court.
ATTY. ARMOVIT:
Yes, Your Honor. I was not responding to His Honor's order but I was rather
responding to Prosecutor Miro's
statement earlier, Your Honor, that the measure of exhaustiveness of cross-examination has been given in terms of time. We disagree, Your Honor. And I
would like to cite, Your Honor, His Honor's order, his previous Order that - in
his Order where his Order distinguished between admissibility and credibility of the witness. His Order precisely and expressly provided therein that the admissibility of the witness'
testimony is proper only when subjected to proper, and exhaustive cross-examination, Your
Honor, In fact, His Honor even urged the defense counsels to cross-examine
exhaustively, Your Honor, and . . .
COURT:
But - I think that is enough argument. We are losing too much time. I will now make a ruling on your
motion - oral motions so we can proceed with the trial. At least we agree on one thing and that is we
agree to disagree. Okay? Now, my opinion is that the Court has already given you the defense reasonable, adequate and sufficient opportunity to cross-examine the said
accused-witness Rusia. On the other hand, you believe otherwise. E. paano
naman yon? (So, how is that now?) If you believe no, I believe yes.
Whose opinion is supposed to prevail anyway in this Court? Since it's my opinion then, it has to prevail
and we will proceed with the trial and you can go to
the Supreme Court and the Court of Appeals. Ask, file a petition for
Mandatory Injunction to compel this Court to conduct further cross-examination of that witness Rusia or for an Order disqualifying the Presiding Judge from further hearing this case.
Now, absent such an Order from the superior court then, I must insist that we continue with the trial of this case today and that the
prosecution now presents its next vital eyewitness.
ATTY. DE LA CERNA:
May I - Your Honor .
. .
(NOTE:
For the benefit of our foreign readers, blue wordings is our translation
from Tagalog (Philippine language) to English ...the webmaster).
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COURT:
Denied. Present your
next witness.
PROS. MIRO:
Our next witness,
Your Honor, eyewitness . . .
ATTY. GICA:
Your Honor, please .
. .
COURT:
Yes, you want to ask - do you have a motion or what?
What motion?
ATTY. GIGA:
Your Honor, please, earlier, the prosecution was given 5 days within which to file an opposition to our Motion to Inhibit.
So, in other words, that is actually an litigated motion and that motion has to be resolved by this Honorable
Court within that period of time after the prosecution . . .
COURT:
Well, the proceedings are not suspended by the prosecution's request for a
5-day period.
ATTY. GICA:
Now, since this Honorable Court also manifested earlier that it would
welcome any petition to the higher courts in order to question the propriety of the Order denying our motion or whatever motion that we have then we may request for an ample time to do that,, Your Honor.
COURT:
Denied.
ATTY. GICA:
Because if we have to present a witness
- allow the prosecution to continue with the presentation . . .
COURT:
Look, the Court has already denied your motion.
ATTY. GICA:
Precisely because we
. . .
COURT:
Please, sit down. You are delaying the
proceedings.
(NOTE:
For the benefit of our foreign readers, blue wordings is our translation
from Tagalog (Philippine language) to English ...the webmaster).
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ATTY. GICA:
So, may we ask for a
recess, Your Honor.
COURT:
Denied. Proceed with your presentation of evidence.
PROS.
MIRO:
Our next witness, eyewitness is
Shiela . . .
ATTY.
GICA:
Your Honor, please, I will withdraw as counsel. We are no longer effective
counsel for the accused.
COURT:
Who is going to withdraw?
ATTY.
GICA:
I will withdraw, Your
Honor.
COURT:
You are all going to withdraw?
All counsels (in chorus):
Yes, Your honor.
COURT:
Alright, I will sign an
Order for your immediate arrest - incarceration for 10 days.
ATTY. GICA:
It is your
discretion, Your Honor.
COURT:
Will you call the
guard. Bigyan mo ko ng kuan ng (Give me a)
warrant of arrest for these 5 gentlemen for direct contempt of court.
ATTY.
GICA:
We submit to your
discretion, Your Honor.
COURT:
Yes. I will now order your
immediate arrest and incarceration at the City Jail. Bigyan mo ako ng ano
(Give me a ) - bench warrant.
ATTY.
TELERON:
Your Honor, please .
. .
(NOTE:
For the benefit of our foreign readers, blue wordings is our translation
from Tagalog (Philippine language) to English ...the webmaster).
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COURT:
Where is Col. ano? Are you sure you're
withdrawing?
ATTY. GICA:
Yes, Your Honor, we are withdrawing.
ATTY. TELERON:
Yes, Your Honor.
COURT:
All withdrawing in
group. Alright.
ATTY.
TELERON:
Your Honor, please, this
withdrawal is with the conformiity of our clients, Your Honor.
COURT:
Yes, I know. But call the security guards. The Col.
. . .
ATTY. GICA:
You don't have to call the security
guards, Your Honor. We can go - just tell us where to go and we will go there.
COURT:
You have to be led.
You are under arrest. You are being order to be under arrest.
ATTY. GICA:
Yes, just tell us, Your Honor,
where to go.
COURT:
Where is the Col.
- the in-charge of the security?
ATTY. GICA:
You don't have to order our arrest. We are
submitting to the . . .
COURT:
No. no. I'm ordering your arrest for direct
contempt.
ATTY. ARMOVIT.
Your Honor, may we know the grounds, Your
Honor, for . . .
COURT:
Direct contempt for
dilatory behavior . . .
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Is our withdrawal dilatory, Your Honor?
It's not, Your Honor.
COURT:
It is dilatory and besides we are going to hear and I will
designate - where is the PAO lawyer? We are going ahead with the
proceedings. Fiscals, sit down in the meantime. Please sit down until - Are you definite on
that? You are withdrawing right now?
ATTY. GICA:
Yes, Your Honor.
COURT:
Will you take these
gentlemen, these 5 gentlemen to the BBRC. I'm ordering them to be imprisoned for contempt of court. They are to be held there
without any special treatment immediately until further orders from this court.
Alright, bring them now, the 5 of them.
0 R D E R
(Please see the record)
ATTY. SAORNIDO:
May I have one motion, Your Honor?
COURT:
Yes.
ATTY. SAORNIDO:
I feel that my client
Rusia, for security reason, may I ask for exemption from Court appearance?
COURT:
Yes, he is not being called to testify. Alright.
(SESSION ADJOURNED)
CERTIFICATION
I hereby certify that the foregoing is a true and correct transcript of stenographic notes taken
in the above-entitled-cases with specified date, time and place appearing
therein, to the best of my knowledge, hearing and ability.
SIGNED: ALICIA L. FORMENTERA
Stenographer
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