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 @ "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 HONORABLE MARTIN A.
OCAMPO, PRESIDING JUDGE,
REGIONAL TRIAL COURT,
BRANCH 7, CEBU CITY, ON
SEPTEMBER
7, 1998, AT
2:10 P.M.
ASSISTED
BY:
ATTY. LILIA K. AUGUSTO - CLERK OF COURT
MS. LUCILA C. BAJARIAS - COURT INTERPRETER
MS. LORNA W. GONZALES - COURT STENOGRAPHER
PAGE 2
A P P E A R A N C
E S
PROSECUTOR PRIMO C. MIRO
- STATE PROSECUTOR
PROSECUTOR
TERESITA GALANIDA - STATE PROSECUTOR
PROSECUTOR
RAMON J. DUYONGCO - STATE PROSECUTOR
PROSECUTOR CESAR ESTRERA
- STATE PROSECUTOR
PROSECUTOR LEONARDO CARREON - STATE PROSECUTOR
ATTY. HONORATO HERMOSISIMA
- PRIVATE PROSECUTOR
ATTY. JOSHUA DACUMOS
- PRIVATE PROSECUTOR
ATTY. HILARIO DAVIDE III
- PRIVATE PROSECUTOR
* * * * * * * * * * * * * * * * * * *
* * *
ATTY.
FERDINAND SAORNIDO
- DEFENSE COUNSEL FOR
DAVIDSON VALIENTE
RUSIA
ATTY. ANACLETO
DEBALUCOS
- DEFENSE COUNSEL FOR
ALL OF THE ACCUSED
(PAO LAWYER)
ATTY. VENUSTIANO YPIL
- DEFENSE COUNSEL FOR
ALL OF THE ACCUSED
(PAO LAWYER)
* * * * * * * * * * * * * * * * * * *
* * *
TIME
STARTED: 2:10 P.M.
COURT:
Call
the case.
INTERPRETER:
Criminal Case No. 45303
AND CEBU-45304, People of the Philippines, plaintiff, versus, Francisco Juan
Larraņaga alias Paco, Josman Aznar, Rowen Adlawan alias Wesley, Alberto Caņo
alias Pahak, Ariel Balansag, Davidson Valiente Rusia alias David Florido,
alias Tisoy Tagalog, James Anthony Uy and James Andrew Uy, accused, For
Kidnapping and Serious Illegal Detention.
PAGE
3
COURT:
There is a Motion to
Strike out filed by accused Larraņaga to strike out the testimony of the last
witness, Shiela Singson, but we cannot or the Court cannot grant this Motion
because, if we do so, we would in effect be suspending the trial of these
cases while the accused are still looking for new lawyers. They asked for 3
weeks, we granted them 3 weeks to hire new lawyers, but we said that the
prosecution has to continue with the presentation, and, although the accused
may have 3 weeks within which to cross-examine the prosecution witnesses. That
is very advantageous for the defense. They have 3 weeks to study the
transcripts, they can Investigate the prosecution witnesses and see if they
are telling the truth or not. What else do you want? You have 3 weeks to study
and to conduct your cross-examination on these prosecution witnesses including
Rusia.
But If you will ask for extension of these proceedings and the trial, hindi
naman puede (that cannot be done) because we
would be violating the Supreme Court Administrative Order which says that
these cases shall undergo
mandatory continuous trial which must be terminated within 60 days. Isa pa
yong . . . . (One more thing the . . . .) Motion
which I found dilatory shall constitute direct contempt and punish
accordingly. Kaya nga pinabillango natin ang mga abogado (that's
why we jailed the lawyers) because they filed dilatory motions to
suspend the proceedings, tapos bigla na lang silang nagwala (then
they suddenly went wild) and they said we are withdrawing, we are
walking out. So, they suspend in effect the proceedings for 8 days, di ba? (Isn't
it so?) Ngayon itutuloy natin, paano to? (And now
we will continue, how is this?) Are we going to grant this Motion? In
effect, we are saying that the trial is suspended while the accused are
looking for new lawyers, hindi naman puede yon. (that
cannot be done.) We have to go ahead, at least with the direct
testimonies lang (only) of the prosecution
witness, reserving for the accused the right to cross-examine. If you will
stand, hindi naman importante yong (it is not important
the) cross-examination. Now, we have this Memorandum from the
prosecution which supports the stand of this Court that we should go ahead
with the trial, at least with the direct testimony of the prosecution
witnesses, submitted by Atty. Hermosisima.
ATTY.
HONORATO HERMOSISIMA:
Yes, Your Honor.
(NOTE:
For the benefit of our foreign readers, blue wordings is our translation from
Tagalog (Philippine language) to English ...the webmaster).
PAGE
4
But you forgot something, I
think, you forgot something, You did not mention that these Court of Appeals
Justices in that Habeas Corpus case in Manila, told me that I have the prerogative to proceed
with the trial of this Chiong Kidnap cases anytime. Sabi pa nila, (They
even said,) if the accused have no lawyers, then you appoint, counsels-de
oficio, the representatives from the media can attest to that, I was
instructed by the Court of Appeals Justices themselves in that Habeas Corpus case filed by the former
defense lawyers, oh papano, (So, what now,) The Court of Appeals may suspend the Contempt cases but so
far as these Chiong Kidnap cases is concern, ang sabi nila, (what
they said,) you have the prerogative, gusto mo bukas din, (you
want right away tomorrow) you set it for trial, kung walang lawyers, mag
(if they don't have lawyers then) appoint ka (you)
counsel-de-oficio, oh very clear yon. (that) Justices
themselves instructed me to do that, so we will proceed.
The prosecution may continue with presentation of its evidence.
PROSECUTOR
PRIMO C. MIRO:
Your Honor, please, invoking that directive from the Court of
Appeals, we will proceed with the presentation of another eye witness for the prosecution.
COURT:
Proceed.
PROS. P.C.
MIRO:
So, that is in the person of Miss
Konahap. She is here, and we will call her to the stand to give her direct-testimony.
COURT:
Yes, there is a Motion of Paco?
ACCUSED JUAN FRANCISCO "PACO"
LARRAŅAGA:
Yes, Your Honor, We
would like to make it of record, Your Honor, that the same as . . . we would like to have our own lawyers and giving
authority to lawyers . . . .
COURT:
We are putting that on record that you are insisting
on your right to counsels of your choice.
ACCUSED
J. F.
"PACO" LARRAŅAGA:
Yes, Your Honor.
(NOTE:
For the benefit of our foreign readers, blue wordings is our translation from
Tagalog (Philippine language) to English ...the webmaster).
PAGE
5
ACCUSED JOSMAN AZNAR:
Also, Your Honor, for the
record, that we would like to have our own lawyers while the case is going on, Your
Honor.
COURT:
Yes, but the Court is going
ahead . . . but that will form part of the record and you can bring that to the higher
Court. At least now, the trial of these cases shall continue and only a restraining
order can stop the trial of these cases. We are determined to receive all the
direct testimonies of the prosecution witnesses continuously as provided In the
Administrative Order of the Supreme Court. Only a restraining Order from the
Higher Court can stop the trial of these cases.
Proceed.
ATTY.
VENUSTIANO YPIL:
Your Honor, please, may
we request, counsel for Rusia, Your Honor, to sit with us, Your Honor, because
we believed that Rusia has not yet been discharged. Counsel to sit with us,
Your Honor.
PROSECUTOR
TERESITA GALANIDA:
You can sit anywhere
you want.
COURT:
You can sit anywhere
you want, it's alright.
ATTY.
FERDINAND SAORNIDO:
It just so happened
that at the time I arrived, the seats are already full.
COURT:
It's alright, just a
minimal matter.
Gentlemen, I remind
you, you may object to prosecution's questions on direct-examination, if you
find it objectionable, alright?
ATTY. V.
YPIL:
Yes, Your Honor.
PROS.
P.C. MIRO:
I hereby authorize
Atty. Hermosisima to conduct the direct-examination of the said witness, Your
Honor.
PAGE
6
ATTY. H. HERMOSISIMA:
May I state the
purpose, Your Honor?
COURT:
Proceed, state the
purpose.
ATTY. H.
HERMOSISIMA:
The prosecution, offers to prove by the
testimony of this witness, that she was an employee of Global Village, that this
witness was at the Global Village Office on July 16, 1997 at about 6:30
o'clock in the evening, that at that time that she was at that Office Global
Village, Jacqueline Chiong, Marijoy Chiong and Shiela Singson were there and
she can identify Paco Larraņaga and Josman Aznar. On July 16, 1997 she saw Jacqueline
Chiong, Marijoy Chiong at the West Entry talking to Paco Larraņaga, and Josman
Aznar. She knew Paco Larraņaga and Josman Aznar before July 16, 1997; that
after July 16, 1997, she did not see anymore Jacqueline Chiong, Marijoy
Chiong, Paco Larraņaga and Josman Aznar. And we intend to prove through this
witness, Your Honor, other related matters.
May I proceed.
ATTY.
V. Ypil:
May we move for the exclusion of other witnesses inside the
courtroom, Your Honor?
COURT:
You have other witnesses?
ATTY.
H. HERMOSISIMA:
We don't have any other
witness inside the courtroom.
COURT:
Swear the
witness.
INTERPRETER TO
WITNESS:
Q: Do you swear to fell the truth, the whole truth
and nothing but the truth In this hearing?
WITNESS:
A: Yes.
(Witness standing, raising her right
hand swearing).
PAGE
7
INTERPRETER TO WITNESS:
Q: Name?
A: ANALIE KONAHAP.
Q: Age?
A: 24 years old.
Q: Civil status?
A: Single.
Q: Occupation?
A: Presently employed as Account Executive of Ergo Economic
System.
Q: And a resident of?
A: Resident of 237 Paterno
Street, Guihulngan, Negros Oriental.
ATTY.
HERMOSISIMA:
May it please this Court.
COURT:
Proceed.
DIRECT-EXAMINATION BY ATTY. HONORATO
HERMOSISIMA ON
WITNESS ANALIE KONAHAP:
Q: Miss Konahap, at about 6:30
o'clock in the evening of July 16, 1997, where were you, if you can recall?
A: I was at the Office of Global Village International Learning
Center.
Q: Where is this located Mam?
A: Located at 3rd level of Ayala
Center.
Q: What city?
A: Cebu City.
Q: What were you doing at the Office of
Global Village?
A: I was there to follow up my
clearance.
Q: What clearance are you referring to
Mam?
A: My clearance relative to my
resignation.
PAGE
8
ATTY. H. HERMOSISIMA:
Q:
Resignation as what?
A: As the Cyber Cafe Manager of Global
Village.
Q: Can you tell us as Cyber Cafe
Manager, what were your duties and functions?
A: As My duties includes; I supervise
6:00 to 8:00 Cyber Cafe, I maintain the sales record daily and monitor the shifting schedule of the Cyber crew
and I do have internet, tutorial classes inside the cafe.
Q: Do you know Jacqueline Chiong?
A: Yes, Sir.
Q: Why do you know her?
A: I was the one who interviewed her and hired
her as Cyber Cafe crew.
Q: In other words, she as your
co-employee?
A: Yes, Sir, that*s my point
Sir.
Q: When was it that Jacqueline Chiong was
your co-employee at Global Village?
A: First week of April until
July.
Q: Of what year, Mam?
A: 1997.
Q: Do you know nickname of
Jacqueline Chiong?
A: Jackie Sir.
Q: Do you know Marijoy
Chiong?
A: Yes, Sir, she is the sister of Jacqueline.
Q: How did you came to know
Marijoy Chiong?
A: She often visits Jackie at the office Global Center Cafe and they
usually go together, she is the sister of Jacqueline Chiong.
Q: You said that you were at the
office of Global Village on July 16, 1997 at about 6:30 o'clock in the
evening, who, if any did you see inside the office that time?
A: If I'm right I saw
Jacqueline Chiong, Marijoy Chiong, Shiela Singson and all other employees of
Global Village.
PAGE
9
ATTY. H. HERMOSISIMA:
Q: Who is this Shiela
Singson?
A: Shiela is the stock clerk of
Global Village.
Q: At that time, in what particular
place of the office, did you see Jackie and Marijoy?
A: Jacqueline and Marijoy were at the front desk when I arrived and I greeted them and Shiela was inside the
Cafe.
Q: How did you greet them, you
said, you greeted them?
A: I told them, "Good
evening".
Q: And what response, if any, did they gave you?
A: They told me, "Good Evening teacher
Ann, because they usually called me, Teacher Anne.
A: What time did you leave Global Office that evening?
A: At around 9:00 o'clock, more or
less.
Q: From Global office, where did you
proceed?
A: I went to the West Entry
point, Sir.
Q: What was your purpose in going to the West
Entry?
A: Because whenever I go home, I usually passed by the West Entry because I arrived at the West Entry
point.
Q: And what time did you arrive at the West Entry?
A: Around 9:05 more or
less.
Q: At that point, who, if any,
did you see at the West Entry?
ATTY,
ANACLETO DEBALUCOS:
Objection, Your Honor, it is very
vague, Your Honor.
COURT:
How is that?
ATTY. A.
DEBALUCOS:
The question is very
vague, Your Honor.
PAGE
10
ATTY. H. HERMOSISIMA:
No, this witness said that she passed at the West Entry at about 9:05 in the evening, WHO IF
ANY, DID YOU SEE? if any, Your Honor.
COURT:
Go ahead.
WITNESS ANALIE KONAHAP:
A: I saw Jacqueline and Marijoy,
Sir, talking to 2 men.
ATTY. H. HERMOSISIMA:
Q: What did you do, if any, when you saw them?
A: I greeted them, "Hi
Jack", then Jacqueline told me, "Teacher Ann", then I said "Oh ari
na ko, (I'll just go ahead,) I'll just go
ahead," I told them and just passed by them.
Q: When you said, HI . . . . .
.
PROS. T. GALANIDA:
Excuse, Your Honor, excuse me, Your
Honor, because there was a portion stated in the dialect, may we request, that it be translated.
COURT:
You translate
that.
INTERPRETER:
"ARI NA KO", I'll just go
ahead.
COURT:
It will be formed part of the
record.
PROS. T. GALANIDA:
May we have it read
back, Your Honor, the the portion with the vernacular.
COURT STENOGRAPHER READING BACK THE ANSWER OF THE WITNESS:
"I GREETED THEM, "HI
JACK", THEN JACQUELINE TOLD ME "TEACHER ANN", THEN I SAID, "OH ARI NA
KO, I'LL JUST GO AHEAD".
ATTY.
V. YPIL:
May we request this witness to talk
slowly, Your Honor, because we could not . . . .
(NOTE:
For the benefit of our foreign readers, blue wordings is our translation from
Tagalog (Philippine language) to English ...the webmaster).
PAGE 11
COURT:
Talk slowly and clearly so that everybody could hear
you, we have a tape recorder here.
So, proceed.
WITNESS
A. KONAHAP:
A: Yes, Your Honor.
ATTY. H.
HERMOSISIMA:
May I continue, Your Honor.
COURT:
Alright.
ATTY.
H. HERMOSISIMA:
Q: When you said, "Hi"
and told them, "Ari na ko", how far were you from both Jacqueline and
Marijoy?
A: It was about 5 to 6 meters when I saw them talking, then, when
I said, Hi, it was about 2 to 3 meters.
A: At that point when you saw both Jacqueline and Marijoy, what were they
doing, if any?
A: They were talking to 2 men, sir.
Q: Talking to 2 men?
A: Yes, Sir.
Q: Did you recognize those 2 men?
A: Yes, Sir.
Q: If those 2 men are inside this courtroom, will you be able to identify
them?
A: Yes, Sir.
Q: Please, do so Mam?
A: Yes, Sir, one was Paco Larraņaga and Josman Aznar, the other
one.
(Witness pointing to a person sitting on the
prisoner's deck when asked answered that his name is Francisco Juan
Larraņaga, and the other one pointed to by the witness answered that his
name Josman Aznar).
Q: Do you know how to, draw a sketch Mam?
PAGE
12
WITNESS A. KONAHAP:
Sir, excuse me Josman signed dirty finger and making faces to
me, Sir.
ATTY. H.
HERMOSISIMA:
We would like to make it of
record, Your Honor, that this witness complained, stating that she just saw
Josman Aznar making a bad finger sign to her and making faces.
COURT:
Handcuffed his other
hand.
ATTY.
H. HERMOSISIMA:
Maybe the witness can
Illustrate, Your Honor, how was it done.
COURT:
Q: How was it done?
WITNESS
A. KONAHAP:
A: He said, like that.
(Witness standing placing her finger on
her face).
COURT:
Do not do that, I will handcuff your other hand Ikaw rin ang
mahihirapan, nakahandculfed ang dalawang kamay mo.
(You will only be making it hard for you, both your hands ill be handcuffed.)
Stop doing that.
Alright, proceed.
ATTY. H.
HERMOSISIMA:
Q: Mam, do you know how to draw a sketch?
A: Yes.
Q: I have here a bond paper long
size, because you mentioned that from Global office ,on your way out, you exited to the West Entry and
there you saw Jacqueline and Marijoy as well as accused Josman Aznar and Paco
Larraņaga, could you please make a sketch of the West Entry and indicate in what portion did you see the 4 of
them, Jackie, Marijoy, Josman and Paco?
COURT:
Did you establish what time It was?
(NOTE:
For the benefit of our foreign readers, blue wordings is our translation from
Tagalog (Philippine language) to English ...the webmaster).
PAGE
13
ATTY. H. HERMOSISIMA:
Q: By the way, Mam, at that time, exactly at what time did you see the 4 of them at the West Entry?
A: That time, 9:05 more or less.
COURT:
Q: 9:00 o'clock in the evening?
A: 9:O5 more or less.
ATTY. H.
HERMOSISIMA:
9:05 more or less because she went out of the office
9:00 o'clock, Your Honor.
WITNESS PREPARING A
SKETCH INDICATING THE WEST ENTRY OF AYALA CENTER. (WITNESS ANALIE
KONAHAP)
ATTY. H.
HERMOSISIMA:
Please indicate Mam, also
the Ayala Road.
Q: Could you please, put your name on top of this paper and your signature?
A: Yes.
(Witness writing her name on top with her
signature).
ATTY.
H. HERMOSISIMA:
May we request, Your
Honor, that the sketch just drawn by this witness be marked as our Exhibit
R, and her name be encircled and marked R-1.
Q: Madam Witness, in your
Sketch, you have indicated an arrow at the Exit of the West Entry, could you
explain, what this is?
A: This is an arrow, this is
me, going there, arrow going there 5 to 6 meters, I saw them talking, then I passed by and from
there, I rode directly in a taxi.
ATTY. H.
HERMOSISIMA:
We make of record, Your
Honor, that the arrow, indicated the direction of this witness when she exited through the Exit of the West Entry and that the first
arrow, the witness indicated that, that was the first time that she saw Jacqueline and Marijoy and with the given distance of about 5 to
6 meters and the second arrow when she passed by Jacqueline and Marijoy and Josman and Paco where she said that she was about 2 to 3 meters away from the 4 of
them, where she passed by.
PAGE
14
ATTY. ANACLETO DEBALUCOS:
We would like to request
again, Your Honor, that the witness should talk louder, to avoid, Your Honor, repetition
of her appearance by the lawyer, for herself, Your Honor.
COURT:
Try to talk
louder.
WITNESS A.
KONAHAP:
Yes, Your Honor.
ATTY.
H. HERMOSISIMA:
Q: (Madam Witness, you have drawn 4
circles. One, you have marked P, can you tell the Court what this means?
A: This one stands for Paco
Larraņaga, P.
ATTY. H.
HERMOSISIMA:
May I request, Your
Honor, that this circle, wherein the witness Indicated P, represents Paco
Larraņaga, we request, Your Honor, that this be marked as Exhibit
R-2.
Q: Below this portion, Madam Witness, which
is now marked as R-2 is another where you wrote the name Josman, could you please
explain this to the Court?
A: This is where Josman stands,
Josman Aznar.
ATTY.
H. HERMOSISIMA:
May we request, Your
Honor, that the circle indicated by the witness, Josman, be encircled and marked as
R-3.
Q: Madam Witness, another circle beside
P, R-2, is a circle marked Marijoy, could you please explain this to the
Court, what do you mean by this?
A: This is where Marijoy
stands.
ATTY.
H. HERMOSISIMA:
May we request, Your
Honor, that this circle marked Marijoy be encircled and marked as R-4.
Q: And I invite your attention to another
circle which you marked Jackie, please tell the Court what this is?
PAGE
15
WITNESS A. KONAHAP:
A: This is where Jackie stands,
Sir.
ATTY.
H. HERMOSISIMA:
We request, Your Honor, that this circle
marked Jackie be encircled and marked as R-5.
Q: Using this Sketch, Madam Witness, can you recall how far Paco was to
Marijoy, when you saw them as reflected in your Sketch? From where you are
sitting, please point out a particular place?
A: From here to there.
(Witness indicating a distance from where she Is seated to a place in front of
her).
ATTY.
H. HERMOSISIMA:
Your Honor, we request for
a stipulation from the defense that the witness indicated a distance of
approximately one meter.
COURT:
You have to take
measure. Distance measured by the Interpreter of this Court is?
INTERPRETER:
81 centimeters, which is less than a meter or
.8 meter, as indicated by the witness.
ATTY.
H. HERMOSISIMA:
Q: How about Josman, using again your
Sketch, how far was he from Jacqueline?
A: About the same distance from Paco and Marijoy,
Sir.
Q: And how far was Paco to Josman in your Sketch?
A: About half a meter.
Q: And how about Marijoy to
Jacqueline, what was their distance?
A: About the same distance
Sir, half a meter.
Q: You have indicated 3 rectangles to the left of your sketch and 3 rectangles to your
right, for the record, could you please indicate this to the Court?
PAGE
16
WITNESS A. KONAHAP:
A: These 3 rectangles
represents the benches, and this one is the stalls seen in Ayala, like the Fountainhead and the nearby stalls.
Q: Stalls selling food?
A: Yes, Sir.
ATTY. H. HERMOSISIMA:
We make it of
record, Your Honor, that the witness indicated the 3 rectangles appearing to the left of the Sketch are benches and stalls selling
food, rectangles appearing to the right of the sketch.
Q: At that precise moment that
Jacqueline, and Marijoy were talking with Paco and Josman, what if any, did you observe with with
Jacqueline?
A: I just noticed that Jackie was uneasy talking with the persons
she was talking to because she was doing like that, she was uneasy, at that
time.
Q: She was very uneasy.
ATTY. A. DEBALUCOS:
Your Honor, please, we just like to request the private
prosecutor, Your Honor, not to repeat the answer of the witness herself, Your
Honor, and again, we would like to request this witness, Your Honor, to talk louder to
avoid repetition, Your Honor.
ATTY. H. HERMOSISIMA:
Exactly I had to
repeat, Your Honor, because I observed the witness is talking quite low.
WITNESS A. KONAHAP:
Your Honor, actually I have a
cough, so I cannot speak very loud.
COURT:
The Interpreter may repeat her answers.
PROS.
GALANIDA:
May we request the defense counsels to stay here, to come nearer now that the witness has said, she
cannot . . . .
COURT:
Will you come closer?
PAGE
17
PROS. T. GALANIDA:
Anyway, they can put their
chairs over here.
COURT:
What, can you do? The witness has voice
defect? The interpreter can repeat her answers. Will you do that?
INTERPRETER:
Yes, Your Honor.
ATTY.
H. HERMOSISIMA:
May I proceed, Your
Honor?
COURT:
Proceed.
ATTY.
H. HERMOSISIMA:
Q: Have you seen Paco Larraņaga before July
16, 1997?
A: Yes, Sir.
Q: How many times Mam?
A: It was summer of 1997, I saw him passed by our office.
Q: Where else?
A: In our office, sometimes in the vicinity of our office, third
level.
Q: How about Josman Aznar, have you seen him before July 16,
1997?
A: Yes, Sir.
Q: How many times, Mam?
A: The same number of times I have seen Paco also.
Q: And was this, usually?
A: Usually, in the vicinity of our office, third level, when I go out of the office when I go to the
CR, I usually see them at Glicos, near Pizza Hut and Harbor . . .
COURT:
Q: The Court would like to know what were the accused
Larraņaga and Aznar were doing, when you often saw them?
PAGE
18
WITNESS A. KONAHAP:
A: Usually, Your Honor, I saw them buying at
Glicos, the one across our office, game zone, like that, and I see them passed by our
office.
COURT:
Q: Did you see them talking with the Chiong sisters before
that? Before July 16?
A: No, I have not seen them talking before July 16, because
Jacqueline, when she is on duty, she don't usually go out of Cyber
Cafe.
COURT:
Alright, proceed.
ATTY:
H. HERMOSISIMA:
Q: After July 16, 1997, have you
seen Jacqueline and Marijoy Chiong?
A: Not, anymore.
Q: How about Paco Larraņaga and Josman Aznar, did you see them
again at Ayala after July 16, 1997?
A: Not anymore, Sir.
ATTY.
H. HERMOSISIMA:
We have no further
questions, Your Honor.
COURT:
Alright, we will
reserve for the accused the right to cross-examine the witness, through their counsel of their own choice which they
promised to afford within 3 weeks from September 3, the start of the trial of
this case.
You have any other witness to present, Fiscal Mire?
PROS.
P.C. MIRO:
Tomorrow, Your Honor, we will be presenting
another witness.
COURT:
Eye witness?
PROS. P.
C. MIRO:
Yes, eye witness.
PAGE
19
COURT:
So, we will now adjourn?
PROS.
P. C. MIRO:
We will now adjourn, Your
Honor.
COURT:
But, you have to continue presenting your direct testimony?
PROS. P.C.
MIRO:
Yes, Your Honor,
because this Honorable Court have made the pronouncement.
COURT:
Alright.
ATTY.
H. HERMOSISIMA:
Your Honor, please, we
understand that the accused are all given this Honorable Court 3 weeks within
which to engage their counsels, may we specify a date, so that by then, they
should already be around. Specify a date for trial.
COURT:
From September 3 plus
21, eh di 24. (and so 24) September 3, they
promised, 3 weeks from September 3, so September 24. So, they have until
September 24 to appoint their de-parte counsels to conduct cross-examination of the prosecution witnesses,
but if they do not appoint by September 24, then we will order a PAO counsel to
conduct the cross-examination. Papano, (How,) we cannot wait indefinitely. We are
giving them already 3 weeks. That is more than reasonable, I think. We are
already bending backward to accommodate them ha.
Alright, adjourn.
TIME
ADJOURNED: 2:45 P.M.
COURT ORDER ATTACHED TO THE RECORD.
(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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PAGE 20
C
E R T I F I C A T
I O N
I hereby certify that the foregoing are the true and correct transcript of the
stenographic notes taken
by the undersigned stenographer during the hearing of the
above-entitled case on September
7, 1998, at 2:10 P.M.
signed: LORNA W. GONZALES
Court Stenographer
--------------------------------------------------------------------------------------------------------------------------------------------------------------
COMMENTS AND OBSERVATIONS FROM THE WEBMASTER:
This
is the third prosecution witness who did not even mention at all the heavy
rains that night. Even the star witness did not mention the heavy rains in
his testimony. In fact, among the many witnesses the prosecutors presented,
only Mrs. Chiong and the security guard testified about the rains. In a
recent interview (July 2005) Mrs. Chiong again mentioned that it was raining
"cats and dogs" the night her daughters disappeared. Surely,
if there is anything that the witnesses should have remembered about that
particular night was the weather.
During the defense, the defense lawyers tried to bring in the weather men
from Pag-asa to testify about the weather conditions that night but the
prosecution and the Judge objected. They said it would be "irrelevant
and immaterial".
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