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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 @ "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-titled case before HON.
MARTIN A. OCAMPO, Presiding Judge of
Branch 7, Regional Trial Court of Cebu
City on September 16, 1998 at 2:15 o'clock
in
the afternoon.
Present:
HON. MARTIN A. OCAMPO
Presiding Judge
ASSISTED
BY:
MS. FARAH T. ABANGAN
Court Stenographer
MS. LUCILA C. BAJARIAS
Court Interpreter
APPEARANCES:
PROSECUTOR PRIMO C. MIRO
PROSECUTOR CESAR ESTRERA
PROSECUTOR
RAMON JOSE DUYONGCO
PROSECUTOR TERESITA GALANIDA
PROSECUTOR LEONARDO CARREON
(Appearing for the state)
ATTY. HONORATO HERMOSISIMA
ATTY. JOSHUA DACUMOS
(Appearing as private prosecutors)
PAGE
2
ATTY. FERDINAND SAORNIDO
(Appearing as counsel for accused Rusia)
PAO LAWYERS:
ATTY. VENUSTIANO YPIL
ATTY. JOHN DE JESUS
ATTY.
ANACLETO DEBALOCUS
(Appearing
as counsel de oficio
for rest of the accused)
PROS.
MIRO:
We respectfully appear
for the state, Your Honor.
ATTY.
HERMOSISIMA:
Appearing as private
prosecutors,
Your Honor, in collaboration with Atty. Joshua Dacumos.
ATTY.
SAORNIDO:
For accused Rusia, your Honor.
ATTY.
YPIL:
PAO Lawyers, Your
Honor, appearing as counsel de oficio for the rest of the accused.
COURT:
I read the newspaper
that there was a commotion here yesterday. So, let us call the Colonel
in-charge, Col. Malunda, is he here? Who is in-charge here of the security?
Sino ang in-charge dito nang security? (Who is in-charge
here of the security?) Hindi ba si Col. Malunda? (Isn't
it Col. Malunda?) Col., who is in-charge of the security?
COURT
INTERPRETER:
Not yet around, Your
Honor.
COURT:
I want to tell him to
maintain the peace here. It should not happen again this
confrontation
(NOTE:
For the benefit of our foreign readers, blue wordings is our translation from
Tagalog (Philippine language) to English ...the webmaster).
PAGE
3
COURT:
(CONTINUATION)
among
the relatives of the parties. We are suppose to maintain peace inside this
Courtroom.
We are the peacemakers and we should not allow these things to happen. See to
it that this
does not happen again. We are civilized
Christians and Sermon of the Mount
tells us that we
should love our enemies. That is the teaching of Christ. We are suppose
to be Christians. So, let us not hate
and
quarrel
with each other. We are just following the mandate
of the laws. We have to try these cases and we don't have to hate each other
while doing it. I just
want to inform you of this latest Petition filed by Atty. Armovit pending
before Division 12. This is another
Petition for Certiorari, Prohibition, Mandamus filed by Atty. Armovit. So,
dalawa na ang (So, there are two already) pending,
the other one with
the Third or Second Division and this one is with the Twelve Division and
the Resolution of the Twelve Division asking us to Comment while the Prayer
for Restraining Order is held, in abeyance until the filing of such Comment.
Will you have this copied? And
this is the Motion
of Atty. Armovit for
Prompt
Resolution.
The Petition is not attached. Ganoon din, (It is also) as
usual he did not include the private respondents or the Fiscals, only the
Solicitor General and myself.
So, Atty. Hermosisima, will
you also file a Comment for
me?
ATTY.
HERMOSISIMA:
Yes, we will do that,
Your Honor.
COURT:
Under Rule 65 - - -
ATTY.
HERMOSISIMA:
Section 5 - - -
COURT:
Or sinasabi ni
Atty. Armovit (That's what Atty. Armovit is
saying) why are you joining forces, you were in connivance. Iyon ang
sinasabi nang
batas, e, ang hirap sa kanya hindi niya alam ang batas. (That's
what the law says, so, what's hard with him is that he does not know the law.)
That is what the laws
says, Rule 65, Sec. 5. Kung
nandito,
e, (It's here)
(NOTE:
For the benefit of our foreign readers, blue wordings is our translation from
Tagalog (Philippine language) to English ...the webmaster).
PAGE
4
COURT: (CONTINUATION)
babasahin mo, (you read it) Fiscal Galanida, you
read it - that the counsel for. the private respondents is
under obligation
to defend the Judge. O. Papano? (So, how now?) We
are not conniving. E. iyon ang sabi nang betas. (So,
that's what the law says.) Atty. Hermosisima is suppose to defend me in
these Certiorari cases because the Judge cannot attend to it himself. He has
to try cases. E, kung (So, if) I will attend to
all these Certiorari cases myself, e, hindi na ako puedeng mag-hearing-hearing
dito. (so, I cannot be
hearing cases here.) I will just defend myself on several Certiorari
cases against me. E, hindi ko na kaya yan. (So, I cannot
handle that anymore.) Kaya siguro sabi nang
Supreme Court well,
(That's
why maybe Supreme Court said it well,) the
counsel for the private respondents will be the one to defend the Judge. Ayon.
(That's it.) So, we are not conniving,
iyon ang sinasabi nang batas, walang connivance yon. (that's
what the law says, there is no connivance here.)
/to
the prosecution.
So, you will now
present your next witness?
PROS.
MIRO:
Yes,
Your Honor, we will be presenting another witness and his testimony will be
part of our evidence-in-chief
in support also of the Motion to Discharge one of the accused
as State witness and also in our Opposition for the grant of Bail. So, this
time, Your
Honor, we will call on Mr. Mario Minoza. He will be presented by Atty. Joshua Dacumos,
private Prosecutor, subject to our direction and control.
COURT:
Call the witness and
state the purpose
of his
testimony for the record.
(Witness to the stand)
ATTY.
DACUMOS:
The testimony of this
witness,
Your Honor,
offered to prove that at about past 4:00 A. M., on
July 17, 1997 while he was driving his tricycle towards Mantalongon, Cebu, he
saw
(NOTE:
For the benefit of our foreign readers, blue wordings is our translation from
Tagalog (Philippine language) to English ...the webmaster).
PAGE
5
ATTY. DACUMOS: (CONTINUATION)
a
white van parked near a ravine situated in Tan-awan, Guadalupe, Carcar, Cebu
and that on his return trip from Mantalongon back to Guadalupe, Carcar, he met
the same white van following a girl who was running away from the van and his
testimony is also offered to prove other relevant facts, Your Honor.
COURT:
Swear in 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
Mario Minoza, 36 years old, married, tricycle driver and a resident of
Sitio Mainit, Guadalupe, Carcar, Cebu.
ATTY.
DACUMOS:
With the kind
permission of this Honorable Court.
COURT:
Proceed.
ATTY.
YPIL:
May we move for the
exclusion of other witness, your honor?
COURT:
You have other
witness?
ATTY.
HERMOSISIMA:
In the Clerks room,
your Honor.
COURT:
Alright, proceed.
PAGE
6
DIRECT-EXAMINATION OF THE WITNESS
BY ATTY. JOSHUA DACUMOS
Q Mr. Minoza, you mentioned that you are a tricycle driver,
who owns the tricycle that you are driving?
A
I owned the tricycle.
Q
At what routes do you drive this tricycle?
A The route of Guadalupe, Carcar-Mantalongon.
Q Since when have you been driving this tricycle?
A Since 1980.
Q
And how many days in a week do you drive on this route?
A
Everyday.
Q
At what time of the day do you start driving this route?
A
Everyday except Thursday not at the same time but during Thursday I have to
start driving at 4:00 o'clock in the morning.
Q
And what was your reason in starting to drive at 4:00 A.M., every
Thursday?
A
Because I have customers engaged in selling pigs.
Q
These customers of yours whom you served during Thursdays where do they go on
those days?
A
They go to Mantalongon.
Q
Do you know the reason why they choose to travel to Mantalongon only on those
days, Thurdays?
A
Yes, sir.
Q
Why?
A Because during Thursdays that is the market day in
Mantalongon.
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7
ATTY. DACUMOS:
Q In
what municipality is this Mantalongon situated?
WITNESS:
A Barili.
Q What province?
A Cebu.
Q At about 4:00 o'clock A.M. on July 17, 1997, a Thursday,
can you recall where were you on that time and date.
A :At 4:00 o' clock early in the morning I started my engine
running in our house.
COURT:
/to COURT
INTERPRETER:
Tell him to speak
louder.
ATTY.
DACUMOS:
Q After you have started
running the engine of your tricycle in your house on that day, what did you
do?
WITNESS:
A I started going to Sitio
Panas.
Q Where is your house situated?
A It is situated at Sitio Mainit.
Q In what municipality is that Sitio Maiint?
A Barangay Guadalupe, Carcar, Cebu.
Q The other place, Sitio Panas, in what municipality is that
situated?
A Sitio Panas is also within Barangay Guadalupe.
Q In which town is Barangay Guadalupe situated?
A It is situated in Carcar.
Q You said that you droved from Sitio Maiit to Sitio Panas,
how many minutes did it take you
PAGE
8
ATTY. DACUMOS:
(CONTINUATION)
to
drive from Sitio Mainit to Sitio Panas?
WITNESS:
A About ten (10)
minutes,
Q What was your purpose then in driving to Sitio
Panas?
A In order to get my passengers.
PROS.
GALANIDA:
Excuse me, Your Honor
- not get but to fetch.
COURT
INTERPRETER:
- to fetch my
passengers.
ATTY.
DACUMOS:
Q What happened when you
arrived at Sitio Panas?
WITNESS:
A The passengers boarded the
tricycle.
Q To
where were they headed?
A The
passengers headed to Mantalongon.
Q
How
many minutes did you remain in Sitio Panas?
A Just for a short time.
Q How many passengers boarded your tricycle at that
time?
A Seven (7) passengers.
Q On your way from Sitio Panas to Mantalongon, to what
Sitios did you pass?
A Mowang, Tan-awan, Tapal and Mantalongon.
Q When you passed Mantalongon - - I will withdraw,
Your Honor - - When you passed by Sitio Tan-awan, what if any did
you see?
PAGE
9
ATTY. YPIL:
We object, Your honor,
because there is no basis yet if he was in Sitio Tan-awan.
ATTY.
DACUMOS:
The witnessed testified
that he passed through Sitios in going to - -
COURT:
Ask him first, did you
pass - -
ATTY.
DACUMOS:
Q Did you pass through Sitio
Tan-awan?
A Yes, sir.
COURT:
/to the witness
Q What did you observe there
when you passed there?
A I saw a white van near the tamarind tree.
ATTY.
DACUMOS:
Q Now, this tamarind tree
where you saw the white van, in what specific area of Tan-awan is the tamarind
tree located?
A Near the cliff.
Q What was the distance between that tamarind tree and the
cliff?
A In my own estimate less than one hundred (100)
meters.
Q In facing Mantalongon, to what side of the road did you
see this van?
A The van was facing towards Mantalongon.
Q And what side of the road if you are facing Mantalongon,
what side of the road was that parked?
A On my right side.
PAGE
10
ATTY. DACUMOS:
Q And what portion of the van
did you observe at that time?
WITNESS:
A Only the rear portion of
the van.
Q What was the color of the van?
A White van.
Q You said that you saw the rear portion of the van. If
shown a photograph of that rear portion of the van, would you be able to
recognize it?
A Yes, sir.
Q I show to you a photograph, please take a look at that
photograph carefully and state for the record whether or not you recognize the
van featured in that photograph?
A This is the form of the van and the color of the
van.
ATTY.
DACUMOS:
We request, Your Honor,
that this photograph which has been identified by the witness be marked as Exh.
"X".
COURT:
Marked it. State the
plate number, it is stated there?
ATTY.
DACUMOS:
The photograph
indicates that the Plate Number is GGC-491. We request that the Plate Number
be encircled and marked as Exh. "X-1".
COURT:
Mark it.
PAGE
11
ATTY. DE JESUS:
Your Honor please, we
would like to make it of record that the witness did not state or did not
indicate the specific Plate Number.
COURT:
Yes, he did not. But
we have to identify the picture as the one being referred to or involve in
these cases.
ATTY.
DACUMOS:
Q What did you do upon
seeing the van?
WITNESS:
A I just proceeded on my
way to Mantalongon.
Q Did you see anyone in the van?
A No, sir, I only saw the van.
Q You said at that time you were on your way from Sitio
Panas to Mantalongon - - - I withdraw the question, Your Honor. You
said that you were headed to Mantalongon. Did you in fact arrive at
Mantalongon?
A Yes, sir.
Q And how many minutes did it take you to travel from
Sitio Panas where you picked up your passengers to Mantalongon?
A In my own estimate more than twenty (20) minutes.
Q And what happened when you arrived at
Mantalongon?
A All my passengers alighted from my tricycle.
Q How long did you remain in Mantalongon?
A Just for a short while after my passengers
alighted.
Q Where did you go from Mantalongon?
PAGE
12
WITNESS:
A I
went back to Guadalupe at Sitio Panas.
ATTY.
DACUMOS:
Q What was your purpose in
going back to Sitio Panas?
A Because I have to fetch
another passengers there.
Q On your way from Mantalongon to Sitio Panas, what if any
happened?
A At Sitio Tapal I met a woman running.
Q When you first noticed this woman what was your distance
from that woman?
A In my own estimate twenty-five (25) meters.
Q And what was the condition of the lighting at that time
you saw that woman?
A The woman was under the electric post and there was also
illumination from the houses nearby and she was also hit by my
headlight.
Q What kind of lamp did you see in the electric
post?
A Fluorescent lamp.
Q Can you please describe the physical appearance of the
girl?
COURT:
/to counsel:
Ask him where was she
running, to what direction where was she running in?
ATTY.
DACUMOS:
Q Towards what direction
was the girl running?
WITNESS:
A Going towards
Mantalongon.
PAGE
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COURT:
/
to the witness:
Q Where was she running in?
In the street, in sidewalk or what?
WITNESS:
A At the side of the
road.
ATTY.
DACUMOS:
Q At which side of the
road, to the left or to the right in relation to you facing the car?
A To my right side in my lane.
Q Please describe the physical appearance of the girl whom
you saw on that date and time?
A She was thin, with short hair, white complexion and
Chinese looking eyes.
COURT:
/to the
witness:
Q Did she has shoes on or
was she barefooted?
A I was not able to notice whether she was wearing shoes
because my attention was focused to her face.
Q She was facing you?
A She was facing to my direction but she did not look at
me.
Q So, you were able to see her face fully?
A Yes, Your Honor.
/to counsel:
Proceed.
ATTY.
DACUMOS:
Q What about the dress,
what dress was she wearing?
ATTY.
DEBALOCUS:
We object, Your Honor
- - -
PAGE
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COURT:
There is an
objection, what is the ground?
ATTY.
DEBALOCUS:
There is no basis
because the witness said he just allegedly saw the face of the girl.
COURT:
It is proper to ask
her what was her dress. I asked her if she had shoes on and he said he did
not notice. So, it is proper to ask him how was she dressed, if he knows. If
he doesn't know then he will say he doesn't know.
WITNESS:
A She was wearing a
blouse.
ATTY.
DACUMOS:
Q What was the color of the
blouse?
A Printed color.
COURT:
/ to the
witness:
Q What was she wearing
below the blouse?
A I cannot recall because I was only looking on the upper
portion of her body.
Q You did not see if she was wearing jeans or short pants
or what, or shirt.
ATTY.
DE JESUS:
With due respect to
this Honorable Court, Your Honor, the question of the Court if it was asked
by the prosecutor the defense surely would object, Your Honor.
COURT:
Yes, on what ground?
ATTY. DE JESUS: The answer - - -
PAGE
15
COURT:
You have to state the
ground. What is the ground?
ATTY.
DE JESUS:
It is already
answered, Your Honor, that he did not notice the lower apparel of the woman.
COURT:
The Court
wants to make sure and it is the right of the Presiding Judge to examine or
cross-examine any witness and on cross-examination the same questions can be
asked.
ATTY.
DE JESUS:
We submit, Your
Honor, but we request that our objections be recorded.
COURT:
Yes, your objection
is on the record. Tell him to answer the question of the Presiding
Judge.
WITNESS:
A I was able to glance that
she was wearing pants.
COURT:
/to the
witness:
Q What do you mean by
pants? Long pants?
A Yes, Your Honor, and as if it was dirty white.
Q Dirty white long pants?
A Yes, Your Honor.
/to the
witness:
Proceed.
ATTY.
DACUMOS:
Q How close did you get to
the girl?
PAGE
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WITNESS:
A Very close because we met
each other.
ATTY.
DACUMOS:
Q Can you please describe
the condition of the dress at that time?
COURT:
There was no dress. I
think it is a blouse and long pants. That would be misleading.
WITNESS:
A It was torn
here. (Witness pointing to his right shoulder).
Q Which was torn, her blouse?
A Yes, Your Honor.
Q How long? Describe the torn? How long the blouse was
torn and was hanging?
A (Witness pointing to his right shoulder, the dress was
torn and it was hanging).
Q Up to what portion that was torn, indicate in your
body?
A (Witness pointing from his shoulder to the waist
down).
Q There was only one (1) torn portion?
A Yes, Your Honor.
/to counsel:
Proceed.
ATTY.
DACUMOS:
Q If you see a picture of a
photograph of that girl, would you be able to recognize her?
A Yes, sir.
Q I show to you Exh. "A", please take a careful
look at that photograph?
PAGE
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WITNESS:
A
This is the same face but without eyeglasses at that time.
ATTY.
HERMOSISIMA:
We make it of record,
Your Honor, that this photograph marked as Exhibit "A" was the photograph
identified by Davidson Valiente Rusia as Jacqueline Chiong.
ATTY.
DE JESUS:
We also would like to
manifest, Your Honor, that there is only one (1) picture presented and shown
to the witness.
COURT:
You have other
picture or you want to present other picture?
ATTY.
DACUMOS:
The question was,
what relation has this and he testified that this is the one.
COURT:
Yes, but he said
there is only one (1) picture. If you want to show another picture, you may
do so.
ATTY.
DACUMOS:
We have no other
picture this time, Your Honor.
COURT:
They have no other
picture.
ATTY.
DE JESUS:
We also would like to
make it of record, Your Honor, that when the witness was shown a picture of
the rear part of the van he was only shown one (1) picture.
COURT:
/to counsel:
Proceed.
PAGE
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ATTY. DACUMOS:
Q A while ago you testified
the physical appearance of the girl you saw on that date. Please describe
the behavior of that girl when you saw her on that date?
WITNESS:
A As I looked at her as she
was insane.
Q What made you say that she was insane?
COURT:
Or she appeared
insane?
ATTY.
DACUMOS:
Q Why did you say that she
appeared insane to you?
A Because her hair was disheveled then she was running
with a torn blouse without any apparent direction.
Q Aside from the girl, what else did you see?
A When she reached a little bit farther from the girl I
met a white van.
COURT:
/to the
witness:
Q You mean the girl passed
you already?
A Yes, I first met the woman.
Q She passed by you, is that what you want to say?
A Yes, Your Honor.
Q How far was she from you when you saw the white van? How
far was she away from you?
A It's enough that the woman had just reached the other
curve of the road, Your Honor.
Q And how far was that away from you? How many meters was
she away from you?
A When the woman passed by then I looked back and she
arrived at the curve road.
PAGE
19
COURT:
Q How many meters was she
away from you at that time at the curve of the road? Indicate to the Court a
distance here?
WITNESS:
A From here to there for 3
times. (Witness pointing to the corner three (3) times.
COURT:
Witness is indicating
a distance of 24 to 30 meters as agreed upon by the prosecution and the
defense.
/to the witness:
Q So, you want to say that
she was already that 24 to 20 meters behind you when you saw the white van?
WITNESS:
A When I looked back then I
stepped forward and that was the time I saw the van.
Q
The van was in front of you?
A
Yes, Your Honor, I met the van.
Q
How far away was it in front of you, the van? Indicate the distance here in
the Courtroom? How far was the van? If you are there and you saw the van
ahead of you, where was it situated in your sketch? How far were you from
the van?
A
(Witness pointing a distance of about fifteen (15) meters).
ATTY.
YPIL:
Your Honor please, we
would like to make it of record that this witness had a hard time of
answering the questions.
COURT:
Alright, how about
the distance of 15 meters, do you agree with that?
PAGE
20
PROS. MIRO:
We agree, Your
Honor.
COURT:
Witness indicating a
distance of fifteen (15) meters as agreed upon by the prosecution and the
defense.
/to
counsel:
You may
proceed.
ATTY.
DACUMOS:
Q Was the van which you saw
running at that time?
WITNESS:
A Yes, the van was running
at that time.
Q
By the way, what is your educational attainment, Mr. Witness?
A
Grade Five.
Q
To what direction was the van running?
A
Going towards Mantalongon.
Q
At what speed was it traveling?
A
Natural speed.
Q
And how about the girl which you said you saw a while ago, how fast was the
girl running?
A
Just the same as the person who is jogging.
Q
Did you see anyone in the van?
A
No, I was not able to notice, sir.
Q
Did you hear anything from the van?
A
Yes, sir.
Q
What did you hear?
A
Sounds.
PAGE
21
ATTY.
DACUMOS:
Q What do you mean by
"Sounds"?
WITNESS:
A Just a rock music.
Q
How loud was that rock music which you heard emanating from the van?
A
Very loud.
Q
What portion of the van were you able to observe at that time?
A
The front portion and the side portion of the van.
COURT:
/to the
witness:
Q Do you mean that the van
passed by you?
A
Yes, Your Honor, I met the van and the van passed by me.
ATTY.
DACUMOS:
Q You mention that you
observed the side of the van. What side are you referring to, the right or
the left side of the van? The driver's side of the van?
A
From my position from my left side.
COURT:
Q No - - he is asking
you what side of the van did you see, the driver's side or the passenger's
side?
ATTY.
DACUMOS:
Q Was it in the driver's
side or the other side?
A
The driver's side.
Q
What was the color of the van?
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