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 @ "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
of the
stenographic notes taken during the
hearing of the above-entitled case
before HON. MARTIN A. OCAMPO, Presiding
Judge of Branch 7, Regional Trial Court of Cebu
City, on September 3, 1998 at 2:05 o'clock
in
the afternoon.
Present:
HON. MARTIN A. OCAMPO
Presiding Judge
ASSISTED
BY:
Ms. Farah T. Abangan
Court Stenographer
Mrs. Lucila C. Bajarias
Court Interpreter
APPEARANCES:
PROSECUTOR PRIMO C. MIRO
PROSECUTOR CESAR ESTRERA
PROSECUTOR
RAMON JOSE DUYONGCO
PROSECUTOR TERESITA GALANIDA
(Appearing for the State)
ATTY. HONORATO HERMOSISIMA
(Appearing as private Prosecutor)
PAGE
2
PAO LAWYERS:
ATTY. CORNELIUS GONZALEZ
ATTY. FERNANDO GUBALANE
ATTY. PATRICIO MORALES
ATTY. ANACLETO DEBALUCOS
ATTY. VENUSTIANO YPIL
ATTY. JOHN DE JESUS
(Appearing as de oficio counsels for all
the accused)
ATTY. FERDINAND SAORNIDO
(Counsel for accused Rusia)
COURT:
(TO COURT INTERPRETER)
Call the cases.
COURT
INTERPRETER: (CALLING THE CASES)
CRIMINAL
CASES NOS. CBU-45303 AND 45304 PEOPLE OF THE PHILIPPINES PLAINTIFF
FRANCISCO
JUAN LARRANAGA "PACO"; JOSMAN AZNAR; ROWEN ADLAWAN @
"WESLEY"; ALBERTO CANO @ "PAHAK"; ARIEL BALANSAG;
DAVIDSON VALIENTE RUSIA @ "DAVID FLORIDO"@ "TISOY
TAGALOG"; JAMES ANTHONY UY @ "WANGWANG"; and JAMES ANDREW UY
@ "MM" UY, ACCUSED FOR KIDNAPPING AND SERIOUS ILLEGAL DETENTION.
PROS.
MIRO:
We respectfully appear
for the state, Your Honor.
ATTY.
HERMOSISIMA:
Appearing for the
private prosecution, Your Honor.
COURT:
Well, is there any
manifestation to this?
ATTY.
C. GONZALEZ:
Yes, Your Honor. We
would like to place on record that the Public Attorneys Office is here in
compliance with the Order of the Honorable Court dated September 2, 1998
directing the Regional Public Attorney to send in lawyers coming from said
office to assist the Court in the speedy disposition of these cases. Likewise,
Your Honor please, before we proceed, I would like to invite the attention
PAGE
3
ATTY. GONZALES: (CONTINUATION)
of the Honorable Court to the situation the Public Attorneys Office now
appears to be in because previously the Public Attorneys Office represented
accused Davidson Rusia. As a matter of fact, the representation by the office
of said accused came came about at the instance of Rusia himself. Again,
record would show that on August 12 and 13, the Public Attorneys Office
appeared here and eventually withdrew for a very good reasons and which
withdrawal was granted by the Court. Now, in the Order of the Court dated
yesterday, September 2, the office finds itself in an awkward position because
for once Rusia was our client and now we are tasked to defend the rest of the
accused against whom Rusia testified in Court.
COURT:
Well, those of you who
represented Rusia or those previously participating these cases way withdraw.
Are all of' you? Or those who have no previous---
ATTY.
C. GONZALEZ:
No. Your Honor. Rusia
when he executed his Affidavit of Admission or whatsoever he was assisted by a
Public Attorney, Atty. Patricio S. Morales. Jr., Your Honor, in order to show
that the Affidavit was executed voluntarily and with all his
understanding of the contents thereof. I, also appeared for Rusia on the
August 13 hearing as well as Atty. Fernando Gubalane on the August 12 hearing.
We are bringing this attention or rather we are bringing this to the attention
of the Court, Your Honor, because we don't want our positions to be
misunderstood again as it happened last time. And we don't want anybody to say
later on or rather accuse us of unethical conduct, Your Honor.
COURT:
Alright, those who have
previous participation may go but the Public Attorneys who have no previous
participation should remain. Three (3) of you are withdrawing? You may
withdraw.
PAGE
4
ATTY. GONZALEZ:
Well , may I use the
word, Your Honor, that we be exempted from being appointed as counsels for the
rest of the accused because of our prior active participation with respect to
the assistance the Office rendered to accused Davidson Rusia. And I am
referring to Atty. Morales, Atty. Gubalane and myself, Your Honor, who had
earlier as I said participated actively in the trial.
COURT:
The Court grants your
Motion for Exemption.
ATTY.
C. GONZALES:
Thank you very much,
Your Honor. The rest of the lawyers will stay.
COURT:
Yes. Will you go now or
what?
ATTY.
C. GONZALES:
Permission to leave,
Your Honor?
COURT:
The rest of the Public
Attorneys will stay because the Court are designating them as counsels de
oficio for the accused whose lawyers have all withdrawn and the accused have
not yet appointed new lawyers to defend them and the Court believes that it is
legal to appoint Public Attorneys as de oficio counsels in the course of the
trial not in the arraignment. This is already in the course of the trial and
there is a case decided by the Supreme Court, will you take note of this
Fiscal--- People vs. Macagaling, 237 SCRA 299, when the Court appointed a
lawyer from the Public Attorneys Office to act as de oficio counsel for the
accused during the trial when the counsel of his choice was absent or failed
to appear. So, there is a precedent that Public Attorneys may be appointed as
de oficio counsel when the accused has no regular counsel in the course of the
trial. Now, there is a question thereof whether these accused would be
deprived of
PAGE
5
COURT: (CONTINUATION)
their right to counsel if we go ahead with trial today. Will you please
study that? Make a study of that gentlemen for the prosecution. Take into
account this case of People versus Macagaling and also the following
circumstances. Will you please take note of it? This is a Special
Heinous Crimes Court mandated to conduct mandatory, continuous trial and
finish within sixty (60) days. The have records of dilatory tactics. The crime
was committed last July 16, 1997 and the trial started only last August 12,
1998, precisely because of the dilatory tactics being employed by the defense
counsels. The Order of August 31, of this Court holds that this Court can no
longer delay further continuation of the trial of these cases and informed the
accused that the Court will have to temporarily appoint counsel de oficio. So,
that is a four-day notice, from August 31 September 3, that is four (4) days.
They were given a reasonable opportunity to hire counsels of their choice.
Ayaw naman nila, di ba? (They do not want anyway to,
isn't it so?) Aznar, Larranaga, the Uy's. They can easily pay for
defense counsels, di ba? (Isn't it so?)
Why did they not hire to defend them? Their counsels withdrew last August 24,
nag-walk out. (They walked out.)
Why did they not appoint new counsels? They have submitted written
consents last August 27 to this Court, e, ngayon (Now,
it's already) September 3 na wala pa silang na-appoint na (they still
haven't appointed their) regular counsels.
PACO
LARRANAGA:
Your Honor - - -
COURT:
Wait a minute I'm going
to say it - you may talk later on, Paco. Let me finish first.
PACO
LARRANAGA:
Yes, Your Honor.
COURT:
These cases are already
in the trial stage and not arraignment. The Court wants to receive only the
direct testimony of the pro-
(NOTE:
For the benefit of our foreign readers, blue wordings is our translation from
Tagalog (Philippine language) to English ...the webmaster).
PAGE
6
COURT: (CONTINUATION)
secution witnesses and allow the new counsels to be appointed by the accused
to conduct cross-examination when they are appointed by the accused. So, they
have now until the time when the prosecution is about to rest its case to
designate, to appoint new counsels to conduct cross-examination on the
prosecution witnesses as well as cross-examination of the accused- witness
Davidson Rusia. De oficio counsels need not be the choice of the accused, that
is the ruling of' the Supreme Court. They doesn't have to agree, kaya nga, e,
papano ayaw mag-appoint, ayaw mag-agreement (that's why,
so how if they don't want to appoint, they don't want to have an agreement)
for defense counsels, e, papano? (so how now?)
Will the trial of these case be delayed definitely because the accused refused
to designate or appoint new lawyers? It will resume only when they decide to
appoint new lawyers? Papano yan? (How is that?) We
are leaving it to the accused when the trial will resume? E, hindi puede yan. (No,
that cannot be.) Puede ba yon? (Can that be?)
Kung gusto nila mag-appoint ngayon, tuloy ang trilal. (If
they want to appoint now, the trial will continue.) Kung ayaw nila ,
hindi matutuloy. (If they don't want, the trial will
not continue.) E , kailan matutuIoy ? (So, when
will it continue?) Pag nag-appoint sila. (Only
when they were able to appoint already.)
Ganoon ba? (Is that it?) Meron bang ganoon? (Is
that a way?) It is the Court that fixes the date of the resumption of
the trial. Not the accused, di ba? (Isn't it so?) Hindi
puede yon. (That cannot be.) Kung kailan nila
gusto mag-designate nang lawyers na bago saka na matutuloy ang trlal. (Is
it only when they want to designate their new
layers that the trial will begin.) So, saan ka nakarining nang ganyan,
di ba? (So, where did you hear
something like that, isn't it so?) Matutuloy Iang tayo kapaq naka-appoint
na ang accused nang bago na abogado, e, kung ayaw nila, wala.
(We will only continue when the accused were able to appoint their new lawyers
already, and if they don't want to appoint, then it will not continue.) Stop
lahat, di ba? (Everything stops, isn't it so?)
But they can go to the Court of Appeals or to the Supreme Court for a
restraining order any time. If this Court receives a restraining order, I will
stop immediately. But without a restraining order, e. papano? (then,
how?) We are mandated by the -- ito mababasa ninyo (here
you can read) (Court referring to Supreme Court Administrative Order
No. 104-96 posted infront of Judge Rostrum) Order nang (of
the) Supreme Court to conduct mandatory, continuous trial and finish
the same within sixty (60 ) days. O, papano? (So, how?) We
will grant their Motion for thirty (30) days suspension of the trial?
Magagalit sa atin ang taong bayan. (The towns people
will get mad at us.) Parurusahan tayo nang (We
will be punished by the) Supreme Court. Bakit dini-delay nang thirty
(30 days) ang trial? (Why are we delaying the trial by
thirty (30) days?) Bakit hindi ba kayo makaintindl nang (Why
can't you understand) English? We must conduct mandatory continuous
trial. Dapat hindi e-su spend nang (We should not
suspend by) thirty (30) days, one (1) month
(NOTE:
For the benefit of our foreign readers, blue wordings is our translation from
Tagalog (Philippine language) to English ...the webmaster).
PAGE
7
COURT: (CONTINUATION)
just because the accused says that they need time to look for new lawyers. E,
bakit ba? (So, why then?) Meron naman silang
ibabayad? (They can very well afford to pay?) Why they cannot hire a counsel
tomorrow or at least up to Monday, di ba? (Why not?)
Yong tatlo walang ibayad, (Those three that cannot afford to pay,) okey, we
will designate PAO lawyers. E, iyong me pambayad bakit naman (So,
those that can afford to pay, why then) thirty (30) days just to
appoint new lawyers? Yon ang hindi ko maintindihan. (That's
what I cannot understand?) Why? Alright, let us hear from Paco.
PACO
LARRANAGA:
Yes, Your Honor. I
would like to make it on record, Your Honor, that we would like to have our
own counsels of our own choice, Your Honor.
COURT:
Yes, let it be placed
on the record.
/to
Josman Aznar:
You are making the
same, Josman? You are making the same manifestation?
JOSMAN
AZNAR:
Yes, Your Honor.
COURT:
Alright, they
manifested that they prefer to have counsels of their choice.
/to
the prosecution:
So, you will submit
Memorandum to the Court on that point, on the right to counsel of their choice
whether the Court - - - -
WANGWANG
UY:
Your Honor - -
COURT:
Yes, you have a
Manifestation?
(NOTE:
For the benefit of our foreign readers, blue wordings is our translation from
Tagalog (Philippine language) to English ...the webmaster).
PAGE
8
WANGWANG UY:
Yes, Your Honor, the
same with Paco.
COURT:
Alright, everybody
makes the same manifestation, all the accused.
/to
the Prosecution:
So, will you make a
Memorandum to be submitted by Monday? Kasi baka ma-nulllfy itong proceedings (Because
these proceedings might be nullified) if they are deprive of the right
to counsel. But we will continue with the trial today. Baka ma-nullify itong
witness na mag-testify ngayon, (Maybe this witness that
will testify today might be nullified.)
not the preceeding witnesses because their lawyers were present at that time.
ATTY.
SAORNIDO:
With all most due
respect to the Order of this Court, my client requiring him to appear, we
would like to ask the Honorable Court its consideration because reports had
spread about the security reason of my client. But, however, my client is in
the detention cell, he is on call, we will just ask five (5) minutes if - -
COURT:
No - we will ask him to
be present when the accused new lawyers request the Court for him to be
present on which dates for cross-examination.
ATTY.
SAORNIDO:
Wednesday, Your Honor?
COURT:
No, not necessarily
Wednesday. When they have already appointed counsels of their choice, then we
will call Davidson Rusia for additional cross-examination. The Court is
allowing them that additional cross-examination.
ATTY.
SAORNIDO:
I submit, 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
But they will be the one to
choose the dates baka sabihin nila hindi sila preparado. (but
they will choose the dates because might say they
are not prepared.) E, papano yon? (So, how is
that?) Magkaroon naman nang trouble. (There will
again be trouble.) Pag-aralan ninyo na, e- check kung kailan tayo
preparado at saka nalang tawagin, di ba? (You study that
already, you check when we are already prepared before we call him, isn't that
so?) Para wala na kayong reklamo, e, ano pa? (So
you will not have complaints, so, what else?) Yes, Fiscal Galanida?
PROS.
GALANIDA:
Your Honor please,
considering that all the accused have manifested their intention to be
represented by counsels of their respective choice, we would like to know from
them when they can be able to hire these new counsels?
COURT:
Well, according to
their Motions, Larranaga Motion, for three (3) weeks. Is that correct?
PACO
LARRANAGA:
Yes, Your Honor.
COURT:
And that Uy Motion is also (3) weeks. But the Aznar Motion is one (1) month.
Is that correct, one (1) month?
JOSMAN
AZNAR:
Yes, Your Honor.
COURT:
Bakit naman (Why
is it) one (1) month? Bakit hindi mo gawing (Why
don't you make it) three (3) weeks para pare-pareho na kayo? (so
you will all be the same) O, ikaw na lang ang maiiwan? (You
will be the only one left behind?)
JOSMAN
AZNAR:
Yes, Your Honor.
COURT:
Okey, three (3) weeks
din? (also?)
(NOTE:
For the benefit of our foreign readers, blue wordings is our translation from
Tagalog (Philippine language) to English ...the webmaster).
PAGE
10
JOSMAN AZNAR:
Yes, Your Honor.
PROS.
GALANIDA:
We are bringing this
matter, Your Honor, because the prosecution is apprehensive, what if they were
not be able to hire new counsels again within the three (3) weeks period or
the one (1) month period asked by accused Aznar - - -
COURT:
What can we do if they
are not able to hire new counsels by that time then we order the counsels de
oficio to really conduct cross-examination of the prosecution witnesses and
then after that the Court will hold the accused to have waived further
cross-examination of the prosecution witnesses. O, papano, ayaw nila maq-appoint
nang (So, how, they don't want to appoint their)
defense counsels? What can we do? But the Court is allowing them that right to
appoint defense counsels of their choice within three (3) weeks, sabi nila, (they
said,) alright then appoint within three (3) weeks and in the meantime,
I will not suspend the trial because that would go against the Supreme Court
Administrative Order to conduct mandatory, continuous trial. In the meantime,
we will receive the evidence for the prosecution pero (but)
direct testimonies lang. (only.) Walang (There
will be no) cross-examination. We will defer the cross-examination and
reserve it for the accused when their lawyers of their choice are already
present in Court. We will not require the Public Attorneys to cross-examine
your witnesses but they may object to your questions, e, kung (that's
if is) misleading they can object on direct. So, that is the ruling of
the Court. It will now proceed with the continuation of the trial of these
cases and hereby appoint Public Attorneys - please your name?
ATTY.
V. YPIL:
Attys. Venustiano Ypil,
Anacleto Debalucos and John de Jesus, Your Honor.
COURT:
As counsels do oficio for all
the accused who are now without defense lawyers.
(NOTE:
For the benefit of our foreign readers, blue wordings is our translation from
Tagalog (Philippine language) to English ...the webmaster).
PAGE
11
PROS. MIRO:
Your Honor - -
COURT:
Yes, Fiscal Miro.
PROS.
MIRO:
In view of that
statement of this Honorable Court and in the light of that ruling of People
vs. Macagaling and still in compliance with the Order of this Honorable Court,
we beg leave to present additional witness.
COURT:
Yes. Wait - but you
have to submit that Memorandum by Monday. If your Memorandum says that we
would be violating the right of the accused to defense counsels, then I will
stop. I will not continue and wait for them to appoint new lawyers. So, if
your Memorandum supports my stand, we will proceed.
PROS.
MIRO:
So, it is the
understanding now that we can not proceed with the presentation of our
evidence?
COURT:
Yes, today you may
present one (1) or two (2) witnesses.
PROS.
MIRO:
We will be presenting
one (1) eyewitness, Your Honor.
PACO
LARRANAGA:
Your Honor, I just
would like to make it on record that we would like our own counsels to start
till the end even the start of the cross-examination and even the direct, Your
Honor.
COURT:
Yes, you made that part
of the record that you want your own counsels to be present. But the
PAGE
12
COURT: (CONTINUATION)
Court is overruling you and
holding that it may receive the direct testimony of these witnesses but
reserving for you, the accused the right to cross-examine them through your
counsels of your choice which you say in your Motion you will appoint in three
weeks time. Alright, proceed, Fiscal.
PROS.
MIRO:
Prosecutor Galanida
will be directing our next witness in the person of Sheila Singson.
ATTY.
YPIL:
May I move for the
exclusion of some other witnesses for the prosecution, Your Honor?
PROS.
GALANIDA:
We have no other
witness, Your Honor, except Miss Sheila Singson.
COURT:
Call the witness.
(Witness to the stand)
COURT:
State the purpose of
her testimony for the record.
PROS.
GALANIDA:
This witness, Your
Honor, is presented in order to testify that she is an employee of the Global;
Village International Learning Center or Global Village, for brevity: that she
knows both Jacque line Chiong and Marijoy Chiong: that at about 6:OO
o'clock in the evening of July 16, 1997 she saw both Jacqueline and Marijoy at the
Global Village Cyber Cafe. She is also going to testify as to all
matters which transpired from the time about 6:00 o'clock in the evening of
July 16, 1997 when she saw Jacqueline and Marijoy at the Global Village Cyber Cafe up
to about 8:00 o'clock
PAGE
13
PROS. GALANIDA: (CONTINUATION)
that same evening when she last saw them, meaning Jacqueline and Marijoy
standing near the steps of the West Entry of Ayala with accused Paco Larranaga facing
and talking to Marijoy. She will also testify that even before July 16, 1997
she already saw accused Paco Larranaga about five (5) times: She will also
testify on some preliminary matters and on other matters in amplification of
the purposes already cited.
COURT:
Swear the
witness.
COURT
INTERPRETER: (SWEARING IN THE WITNESS)
Do you swear to tell
the truth, the whole truth and nothing but the truth in this hearing?
WITNESS:
A YES, I do.
COURT
INTERPRETER:
Will you please state
your name, address and other personal circumstances?
A Sheila Abella Singson, 26 years old, single, Global
Village Cyber Cafe Supervisor and a resident of 23-A Katipunan Street, Tisa,
Cebu City.
PROS.
GALANIDA:
May it please this
Honorable Court.
COURT:
Proceed.
DIRECT-EXAMINATION OF THE WITNESS
BY PROSECUTOR T. GALANIDA
Q Miss Singson, you mentioned in your personal circumstances
that you are a Supervisor.
PAGE
14
PROS. GALANIDA: (CONTINUATION)
Can you tell this
Honorable Court where is this establishment located?
WITNESS:
A It is located in the 3rd
level of Ayala Center that's in between Pizza Hut and Maanyag.
Q What Is this Global Village Cyber Cafe in
particular?
A We will provide services for Internet use and Computer
use.
Q Do you know what is this Global Village International Learning
Center?
A It offers b o t h Computer Learning Center for both adult and
children and a Global Cyber Cafe.
Q Are You telling this Honorable Court that this Global
Village Cyber Cafe is part of the Global Village International Learning
Center?
A Yes, mam.
Q Since when have you been employed with this Global
Village?
A Since March 1997 continuously up to the present.
Q Where is this Global Village again located?
A It's in the third level of Ayala Center between Pizza Hut and
Maanyag.
Q In what City is this Global Village 3rd level a t Ayala t h a t you a re referring
to?
A Cebu City branch, mam.
Q When was it that you were employed with this Global Village?
A March - - -
ATTY.
YPIL:
Already answered, Your Honor.
PAGE
15
COURT:
Alright, qualify - -
-
WITNESS:
A March 1997 to the
present.
PROS.
GALANIDA:
Q When you mentioned up to
the present, are you referring to a continuous service?
A Yes, mam.
Q What is your present position now at the Global Village
Cyber Cafe?
A Cyber Cafe Supervisor.
Q How long have you been holding this position?
A For about seven (7) months.
Q Before you became the Supervisor of this Global Village
Cyber Cafe, what was your position then?
A I was an Inventory Clerk.
Q On July 16, 1997, can you tell this Honorable Court what
particular position are you holding?
A I was still an Inventory Clerk at that time.
Q Did you know Jacqueline Chiong, one of the victims in
these cases?
A Yes, mam.
Q Why do you know her?
A She was my co-employee.
Q You mentioned that Jacqueline
was your co-employee. Co-employee in what position in what
establishment?
A Global Village International Learning Center.
Q When was it that Jacqueline Chiong was your co-employee at
the Global Village International
PAGE
16
PROS. GALANIDA: (CO N TI N U A T I O N)
Learning Center?
WITNESS:
A That was sometime April of
1997 until that time that she disappeared.
Q Do you know the nickname of Jacqueline since you said she
was your co-employee at Global Village?
A Jackie.
Q What was the position of Jackie at that time when she was
your co-employee?
A She was one of the Cyber Cafe Staff.
Q What about the other victim, Marijoy Chiong, do you know
her?
A Yes, mam.
Q How did you come to know her?
A Because she often visited Global Village since Jackie
was working there she often visits there and she was introduced to me by
Jackie as her younger sister.
Q When was it that Marijoy was introduced to you by Jackie at the Global
Village?
A That was two (2) weeks after Jackie was employed they
disappeared.
Q You mentioned that Marijoy often visited Jackie at the
Global Village? How often did Marijoy visit Jackie there at the Global
Village?
A It was almost everyday. Sometimes at noon and most of the
time in the evening because they go home together.
Q On July 16, 1997, can you recall if you had reported for work at the
Global Village?
A Yes, mam.
Q Can you also recall what was your working schedule that day?
PAGE
17
WITNESS:
A From 10:00 A.M. to 7:00
P.M.
PROS.
GALANIDA:
Q At about 6:00 o'clock in the
evening of July 16, 1997, where were you?
A I was working.
Q Where?
A In Global
Village.
Q What were you doing at
that time about 6:00 o'clock in the evening of July 16, 1997?
A I was in the Stock room then I came out to go to the Cyber
Cafe to check the stocks.
Q And so when you came out from the stock room to go to the
Cyber Cafe in order to check the stocks. What happened?
A I saw Jackie with her sister.
Q Where was Jackie at that time when you saw her and
Marijoy?
A She was using one of
the computers.
Q Particularly
where?
A In Cyber Cafe.
Q What about Marijoy,
where was she at that time you saw them?
A She was at the back of Jackie looking at the computer
screen.
Q When you saw both
Jackie and Marijoy, what did you do then?
A I approached
Jackie.
Q When you approached
Jackie, what happened next?
A I asked her why she was
there.
Q What made you ask
Jackie that question?
PAGE
18
WITNESS:
A Because that was supposed
to be her day-off.
PROS.
GALANIDA:
Q And what was the answer of
Jackie to your question why she was there when according to you it was her
day-off?
A She answered that she
was there to collect her salary.
Q So, after Jackie told
you that she was there at Global Village in order to collect her salary, what
did you do then?
A I told Jackie she has to excuse me because I have to
continue with my work.
Q In effect what time did you leave the Global Village or
your office that evening?
A About 7:00 P.M.
Q When you left the Global
Village at about 7:00 P.M., that same evening, where were Jacqueline and
Marijoy?
A They were still at the
Global Cyber cafe.
Q What were they doing when you left the office?
A Jackie was still
operating the computer and Marijoy was at her back.
Q So , from your office,
where did you proceed?
A I went to the West
Entry.
Q West Entry?
A Of the Ayala
Center.
Q What was your purpose in going to the West Entry of the
Ayala Center?
A Because I agreed with someone to meet him there.
Q Who was that someone?
PAGE
19
WITNESS:
A My friend.
PROS.
GALANIDA:
Q Would
you care to tell this Honorable Court the name of that friend of yours?
A Hildo Ylaya.
Q In effect what time did you reach the West Entry of the
Ayala Center, if you can recall?
A At around 7:05, more or less.
Q When you arrived there at about 7:05 in the evening, what
did you do?
A I sat in one of the benches there.
Q While you were sitting in one of the benches at the West Entry
of Ayala Center, what happened?
A Few minutes after I saw Jacqueline with Marijoy coming out
from the exit of the West Entry.
Q You mentioned that few minutes after you sat in one of
the benches you saw Marijoy and Jackie coming out of the exit door. Can you
tell this Honorable Court if you can estimate how many minutes have you sat
down before you saw Jackie and Marijoy coming out of the exit
door?
A More or less fifteen (15) minutes.
COURT/to the
witness:
Q What time was that when you
saw them?
A Around 7:20 more or less, Your Honor.
Q Of July 16?
A Yes, Your Honor.
PROS. GALANIDA:
May I proceed, Your
Honor?
PAGE
20
COURT:
Proceed.
PROS. GALANIDA:
Q Where did Jackie and
Marijoy go after they came out of tile exit door?
WITNESS:
A They proceeded to that
portion near the steps of the West Entry.
Q Now, that portion which you said you saw Jackie and
Marijoy proceeding to which you said near the steps of the West Entry. How far was
that place - - - I withdraw that question. You said that Jackie and
Marijoy proceeded to that portion of the West Entry near the steps. What were they doing then?
A They were just standing there.
Q How far was that place where Jackie and Marijoy were
standing near the steps of the West Entry of Ayala to where you were sitting? Let us suppose that where you are sitting now was
the place where you were sitting in one of the benches in the West Entry of Ayala. Can you point to a
place here inside the courtroom that would represent where Jackie and Marijoy where at that time when you saw them standing near the steps?
A Front here that part there near the post.
(Witness indicating a distance of 10 to 15
meters).
PROS.
GALANIDA:
Ten (10) to twelve
(12), our approximation, Your Honor.
COURT:
Ten to twelve, do you agree?
ATTY.
YPIL:
Ten to twelve, Your
Honor.
PAGE
21
COURT:
As agreed upon by the
prosecution and the defense ten to twelve.
PROS. GALANIDA:
Q Miss Singson, do you know how
to prepare a sketch?
WITNESS:
A A little.
Q Will you please prepare a
sketch showing the West Entry of the Ayala Center to indicate where you were sitting at
that time you saw Marijoy and Jackie coming out from the exit door and also to indicate
where they were standing in that place which you described near the steps of the West Entry of Ayala Center?
COURT INTERPRETER:
(Witness preparing
a sketch showing the West Entry of Ayala Center to indicate where you she was sitting and showing also the place where Jacqueline and Marijoy were standing).
PROS. GALANIDA:
Q The position of Jackie, will you
kindly indicate that in your sketch by using a circle and put or label it with letter J and also the
position of Marijoy, please indicate it by using a circle and label inside letter
M.
COURT INTERPRETER:
(Witness placing a circle
by putting letter J and another circle at the left side of letter J the place where Marijoy was).
PROS. GALANIDA:
May we request the witness,
Your Honor, to print her name and put her signature on top as well as the date for today.
COURT INTERPRETER:
(Witness is writing her name and affixing her signature on top of the her printed name).
PAGE
22
PROS. GALANIDA:
Q In your sketch you have made
here two (2) rectangular objects, one with the word ENTRANCE and one with the word
EXIT. Can you explain to this Honorable Court what is this rectangular figure
here which you labeled as ENTRANCE?
WITNESS:
A
This is the Entrance door of the West Entry and the Exit door.
(Witness showing the
exit and the entrance door of the Ayala building).
ATTY.
De JESUS:
May we request, Your Honor,
that the word West Entry be indicated in the sketch.
COURT:
Will you indicate the West
Entry?
COURT
INTERPRETER:
(Witness placing
the word West Entry of Ayala Center).
PROS. GALANIDA:
Q In your you sketch you
also indicated here a small rectangular figures with a letter P inside, can you explain
to this Honorable Court what is this letter P indicate?
WITNESS:
A This is indicating the post
because there are eight (8) posts.
Q Will you indicate here -- I withdraw that-- In between these two
(2) posts which you indicated in your sketch are two (2) rectangular figures also with
lines inside them. Can you tell this Honorable Court what are these rectangular figures with lines
inside them indicating?
A Those are benches.
Q Will you show to this Honorable Court in what
particular bench did you
PAGE
23
PROS. GALANIDA: (CONTINUATION)
sit at that time when you reached the West Entry from the Global
Village?
WITNESS:
A I was sitting near the last
bench. (Witness showing the bench where she was sitting at that time by
pointing the word X).
PROS.
GALANIDA:
May we request, Your
Honor, at this juncture, that this sketch prepared by this witness in open
court be marked as Exh. "Q" for the prosecution and this portion
here are rectangular portion marked with a letter X which the witness
explained to be indicating where she sat at that time be encircled and marked
as Exh. "Q-1".
COURT:
Mark it.
PROS.
GALANIDA:
And this portion here,
Your Honor, marked with the word EXIT and explained by the witness earlier as
the Exit door be encircled also and marked as Exh. "Q-2" for the
prosecution.
COURT:
Mark it.
PROS.
GALANIDA:
Q You have drawn here these
two (2) circles, one is labelled M and J is labelled J. Will you explain to
this Honorable Court what does this indicate, this M and this J?
WITNESS:
A "J" indicate
Jacqueline and "M" indicates Marijoy.
PROS.
GALANIDA:
May we request, Your
Honor, that this respective positions of Marijoy and Jacqueline
PAGE
24
PROS. GALANIDA: (CONTINUATION)
when the witness saw them standing near the steps be encircled and marked as
Exh. "Q-3" for the prosecution.
COURT:
Mark it.
PROS.
GALANIDA:
And may we also
request, Your Honor, that this printed name, the signature and the date of
this witness as indicated in the sketch be marked as Exh. "Q-4" for
the prosecution.
COURT:
Mark it.
PROS.
GALANIDA:
Q You stated earlier that you
saw Jacqueline and Marijoy coming out from exit door and proceeded to this
portion near the steps which in your sketch is indicated as Exh.
"Q-3". My question is this, when you saw them standing near the
steps while you were sitting in this portion indicated as Exh.
"Q-1", what did you do, if any?
WITNESS:
A I just sat there watching
them.
Q How long did you sit and watched them at that time?
A About fifteen (15) minutes more or less.
Q And after fifteen (15) minutes of watching, what happened
then?
A I saw Marijoy left then I decided to approach Jackie.
Q You said you approached Jackie, what happened when you
approached Jackie at the place where she was standing?
A I asked Jackie what were they doing there?
PAGE
25
PROS. GALANIDA:
Q And what was the answer of
Jackie?
WITNESS:
A They said they were waiting
for their father to fetch them.
Q After Jackie told you
that, what did you do next?
A I asked where did
Marijoy go.
Q And what was the answer
of Jackie?
A She said that Marijoy
went to that Farmer's Plaza place where there is also a parking lot to look
for the vehicle of their father.
Q After Jackie answered
you that Marijoy went to the Farmer's Plaza parking lot to look for the
vehicle of their father, what happened next?
A I just stayed with
Jackie until Marijoy came back.
Q About how many minutes
was it if you can recall when Marijoy came back after you saw her left
Jackie?
A More or less ten (10)
minutes.
Q So, when Marijoy came
back, what did you do?
A I told Jackie I have to
go.
Q And in effect, did you
leave them?
A Yes, mam.
Q Where did you
proceed?
A I proceeded to the
waiting shed in the left side of the West Entry.
Q Can you indicate in
your sketch the location of that waiting shed which you said is located at the
left side of the West Entry? Can you indicate that here in your sketch?
A (Witness indicating the
waiting shed of the West Entry).
PAGE
26
PROS. GALANIDA:
Q When you reached this
portion because you said you went to this waiting shed on the left side of the
West Entry, when you reached this waiting shed which you have just indicated
in your sketch, what happened?
WITNESS:
A I heard Jackie calling
me.
Q How did Jackie call you at that time? What did she
say?
A "Mam Shei, do not go yet" (Mam Shei, ayaw sa ug
lakaw).
Q Who is this Mam Shei?
A She referred to me.
Q Are you telling this Honorable
Court that your nickname is "Shei"?
A Yes, mam.
Q When
Jackie called you "Mam Shei, don't go yet, what did you do?
A I turned my
head to where Jackie was standing.
Q When you turned your head to where Jackie
was standing, what happened?
A I saw Paco approaching.
Q You said you saw Paco
approaching, whom was Paco approaching?
COURT/to the witness:
Q What do you
mean, who is this Paco?
A I am referring to that person.
(Witness pointing to
a person sitting on the prisoners bench who when asked answered that his name
is Francisco Juan Larranaga).
PROS. GALANIDA:
Q Where was Paco whose real name
is Francisco Juan Larranaga at that time when you saw
PAGE 27
PROS. GALANIDA: (CONTINUATION)
him - - - you said you turned your head to where Marijoy and Jackie were
standing you saw Paco whose real name is Francisco Juan Larranaga approaching
them. Did I get you right?
ATTY.
YPIL:
We object to the
question, Your Honor, there is no basis. The witness never mentioned the name
of Francisco Larranaga.
COURT:
That is why I asked her
who do you mean by Paco and she pointed to the accused Francisco
Larranaga.
PROS.
GALANIDA:
And the accused volunteered
to tell his name.
COURT:
That's why she was
referring to the accused Larranaga. Overruled.
COURT
STENOGRAPHER: (Repeating the question)
You said when you
turned your head to where Marijoy and Jackie were standing you saw Paco whose
real name is Francisco Juan Larranaga approaching them. Did I get you
right?
WITNESS:
A Yes, mam.
PROS.
GALANIDA:
Q Specifically, where was
Paco at that time when you turned your head towards Jackie after she called
you and told you not to go yet?
A He was stepping at the second step of the West Entry
stairs.
Q Can you indicate that here in your sketch?
PAGE28PROS.
GALANIDA (CONTINUATION)
Q Will you kindly encircle that - this
point which you said representing Paco at that time you turned your head you
saw him and encircle it and label it with letter P meaning Paco or the word
Paco.
COURT INTERPRETER:
(Witness indicating in the sketch the place where
Paco was and labelling the word Paco in the sketch).
PROS. GALANIDA:
May we
request, Your Honor, that this circle here labelled as Paco representing the
location of Paco which the witness narrated to be stepping on the second step
be marked as our Exh. "Q-5".
COURT:
Mark it.
PROS.
GALANIDA:
Q When you saw Paco approaching where Marijoy and Jacqueline
were standing specifically in this portion indicated in your sketch as Exh.
"Q-5", what did you do?
WITNESS:
A I continued watching until Paco
got near Marijoy.
Q Can you tell this Honorable Court what was your reason why
your reason continued watching Paco until he got near to Marijoy?
A Because I
remember when Jackie told me once that Paco was an admirer of Marijoy.
Q When
was it that Jackie told you that Paco is an admirer of Marijoy?
A That was
sometime summer of 1997.
Q Summer consist of several months. Can you specify
to this Honorable Court which month in
PAGE
29
PROS.
GALANIDA: (CONTINUATION)
Summer of 1997 did Jackie tell you
about Paco being an admirer of Marijoy?
WITNESS:
A That was sometime May of
1997.
Q Where were you at that time when Jackie told you in May of
1997 that Paco is an admirer of Marijoy?
A We were on our way to the CR then Jackie saw this man and
I asked Jackie who was that and she said he is an admirer of Marijoy.
Q You mean you are referring to Paco?
A Yes, mam.
Q You said you watched until Paco got near Marijoy. Can you
tell this Honorable Court how far was Paco from Marijoy when he got near to
her? Let us suppose that where you are sitting now is the place where Marijoy
was standing at that time? Can you point to a location here inside the
courtroom to represent where Paco was at that time when you said he got near
Marijoy? Where?
COURT
INTERPRETER:
(Witness indicating a
distance of two (2) meters).
COURT:
Is that agreed, the
distance?
PROS.
GALANIDA:
Two (2) meters.
ATTY.
YPIL:
Agreed, Your
Honor.
COURT:
The distance was agreed
by the prosecution and the defense about - - - - - -
PAGE
30
PROS. GALANIDA: (CONTINUATION)
We can measure, Your
Honor, there is a tape measure.
COURT/to
Court Interpreter:
Will you measure? So
much the better.
COURT
INTERPRETER:
(Measuring the distance
with the use of a tape measure).
COURT:
A distance measured by
the Court Interpreter of this Court to be about 1.5 meters.
COURT
INTERPRETER:
(Witness indicating a
distance of 1.5 meters or 1 1/2 meters).
COURT:
Proceed.
PROS.
GALANIDA:
Q So, what did you observe
when you saw Paco got near Marijoy at that distance of about 1.5 meters?
WITNESS:
A They were talking.
Q So, when you saw them talking, what then did you do?
A I just watched them for a while then I waved Jackie
goodbye.
Q Are you telling this Honorable Court that Jackie was
looking at your direction at that time?
A Yes, mam.
Q About what time was it when you waved Jackie
goodbye?
A Around 8:00 P.M., more or less.
PAGE
31
PROS GALANIDA:
Q Can you tell this Honorable
Court whether you have seen this Paco before July 16, 1997?
WITNESS:
A Yes, mam.
Q How many times have you seen him?
A Five (5) times.
Q Can you recall when was the first time that you saw
him?
A Main entrance of the University of San Carlos.
Q When was it that you saw him at the main entrance of the
University of San Carlos? When?
A That was sometime in November of 1996.
Q Where is this University of San Carlos located?
A It is located along P. del Rosario Street.
Q What was Paco doing at that time when you saw him at the
main entrance of the University of San Carlos?
A He was with some guys.
Q How about you, why were you there at that time?
A Because that was the time that I kept on looking for a job
and then I had my application and bio-data encoded in those encoders in Dunkin
Donuts. And then it's my routine that after my documents were encoded, I
crossed the opposite side of the street to browse for magazines and then
passed infront of the main entrance of San Carlos.
Q What about the second time when you saw Paco, when was it,
if you can recall?
A At the lobby of the University of San Carlos.
Q When was it when you saw him again for the second time at
the lobby of the University
PAGE
32
PROS. GALANIDA: (CONTINUATION)
of San Carlos?
WITNESS:
A Same month.
Q You are referring to?
A November of 1996.
Q What was he doing at that time, the second time that you
saw him and which you said he was there at the lobby of the University of San
Carlos?
A He was with some guys.
Q How about the third time, where did you see him?
A At Ayala Center.
Q Particularly where in Ayala Center did you see him for the
third time?
A At the ground level of Ayala Center.