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 before HON. 
                                                                 MARTIN A. OCAMPO, Presiding Judge of
                                                                 Branch 7, Regional Trial Court, Cebu 
                                                                 City, during the hearing on September 17, 
                                                                 1998 at 2:10 o'clock in the afternoon.
                                                                 

Present:
                                                                 HON. MARTIN A. OCAMPO
                                                                 Presiding Judge

ASSISTED BY:
                                                                  Mrs. Alicia L. Formentera
                                                                  Court Stenographer

                                                                   Mrs. Lucila C. Bajarias
                                                                   Interpreter

APPEARANCES:
                                                                   Prosecutor Primo C. Miro
                                                                   Prosecutor Cesar Estrera
                                                                   Prosecutor Teresita Galanida
                                                                   Prosecutor Ramon Jose Duyongco
                                                                   For the State
                                                                  

                                                                   Atty. Honorato Hermosisima
                                                                   Private Prosecutor

                                                                   Atty. Ferdinand Saornido
                                                                   Counsel for accused Rusia

PAGE 2

                                                                   Atty. Venustiano Ypil
                                                                   Atty. Anacleto Debalucos
                                                                   Atty. John de Jesus
                                                                   PAO Lawyers  
                                                                   Counsel de oficio for the
                                                                   rest of the accused

COURT: /to the interpreter
         Call the cases.

COURT INTERPRETER: (Calling the cases) 
          PEOPLE OF THE PHILIPPINES versus FRANCISCO JUAN LARRANAGA alias PACO, JOSMAN AZNAR, ROWEN ADLAWAN alias WESLEY, ALBERTO CANO alias ALLAN PAHAK, ARIEL BALANSAG, DAVIDSON VALIENTE RUSIA alias DAVID FLORIDO alias TISOY TAGALOG, JAMES ANTHONY UY alias WANGWANG, and JAMS ANDREW Uy alias MM, Criminal Cases Nos. CBU-45303 and CBU-45304 for Kidnapping and Serious Illegal Detention. 

PROS. MIRO:          
          For the state, Your Honor.

ATTY. HERMOSISIMA:
          Respectfully appearing as private prosecutor, Your Honor, in collaboration with the Prosecutors.

ATTY. SAORNIDO:
          Respectfully appearing for accused Rusia, your Honor.

ATTY. DEBALUCOS:
          Respectfully appearing as counsel de oficio for the rest of the accused, Your Honor, in collaboration with Attys. de Jesus and Ypil.

COURT:
          Before we begin the continuation of the trial of these cases, the Court wishes to dispose of 2 Motions pending before it. The first Motion is this one by Atty. Raymundo Armovit. Will you give a copy to the prosecution and a copy for the PAO lawyers? That is a Motion filed before the Court of Appeals asking for my inhibition on the ground of violation of the Code of Judicial Conduct according to Atty. Armovit by reason of the publication of the article in the Philippine Daily Inquirer of August 31st. See that article here about me? Now, according to Atty. Armovit, that is a violation of judicial conduct. He cites - what's this - Rule 2.02 Code of Judicial Conduct, quote: "A Judge should not seek publicity

PAGE 3
COURT:    (CONTINUATION)
for personal vainglory. So, he cites the article here, "Commentary .... He cites Nolledo Rules of Court, 1996 Rev. Ed. "The great prestige of judicial office and the high respect accorded to it by the public however require that judges be above the allurements of the spotlight. Actively seeing media exposure should be avoided by members of the bench who would do well to be ever mindful that they hold their office to promote justice, not themselves." Galit na talaga si Armovit. (Armovit must be really mad.) According to him, he is seeking publicity for personal^-vainglory, E, anong magagawa natin ngayon? (So, what can we do now?) Hindi naman ako ang sumulat nitong article. (I wasn't the one who wrote this article?) I was not - there is an author here Ivan P. Suansing of the Philippine Daily Inquirer Visayas News. Is Mr. Suansing here now? May we know if Mr. Suansing - you are Mr. Suansing? Alright. So, what we will do is to ask Mr. Suansing to explain this article that he wrote. E, siya ang sumulat nito. (So, he wrote this article.) Bakit ako ang pagbibintangan, hindi naman ako ang sumulat nito, ha? (Why am I being blamed, it wasn't I who wrote this?)  So, we will issue subpoena to Mr. Suansing. Will you receive the sub­poena, Mr. Suansing - to appear on Monday or ngayon (or now) because we want to give a chance to Atty. Armovit to be present when you testify. So, we will give notice to Mr. Armovit to be present on Monday, 2:00 o'clock so he can cross-examine Mr. Suansing about this article that he wrote and we want to know the truth and only the author, Mr. Suansing, could tell us the whole truth about this article which he wrote and was published in the Daily Inquirer. Now, if Mr. Armovit - Atty. Armovit will not come on Monday, then we will ask the PAO lawyers to cross-examine Mr. Suansing about the article. Yon lang, (That's all,) okay? So, please be present on Monday, 2:00 o'clock and you will take the witness stand, Mr. Suansing? That's the only thing we can do. E, papano, (So, how now,) Mr. Armovit is accusing me of violating the Code of Judicial Conduct. E, hindi naman ako ang sumulat nito - bakit ako pagbibintangan? (So, I wasn't the one who wrote it - why will I be blamed?) 

PROS. DUYONGCO: 
            By promoting yourself. 

COURT:
          Let Mr. Suansing explain this article, di ba? (why not?) Alright, the second Motion is a motion filed by the accused Francisco Larrañaga, Paco. He is asking to defer the proceedings because of the pendency of  the certiorari case before the Supreme Court. But I'm afraid the Court has to deny your motion, Paco,  because you know our policy here, is not to defer or to suspend the trial because of the Supreme Court Administrative Order No. 104-96 that these cases must undergo a mandatory continuous trial and must be finished within 60 days. Now, hindi lang ako ang nagsabi noon e, si Justice Benipayo. (Now, I am not the only one who said that, even Justice Benipayo.) Papano? (How?) So, you want me to suspend the trial until the Court of

(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:    (CONTINUATION)
Appeals acts on your petition? Kung mag-isang taon yon - (What if it takes one year - ) it takes them 1 year or 6 months, papano? (How then?) We will suspend the trial of these cases for 1 year, 6 months? Hindi naman pwede yon, hijo, (That cannot be done, son,)  we cannot do that. I'm sorry. So, we will just have to go ahead and hear the prosecution witnesses. please proceed, Fiscal. 

ATTY. DE JESUS:
          Your Honor, please, may we know from the prosecution the whereabouts of accused Rusia, Your Honor?

COURT :
          Rusia?

PROS. GALANIDA: 
          The counsel for Rusia will answer, Your Honor. 

COURT: 
          Yes.

ATTY. SAORNIDO: 
          Actually, Your Honor, Rusia is at the CIG and we tried to bring him here for today's hearing. I don't know if he was able to recuperate his stomach illness because there was already a sign yesterday afternoon and I don't know what happened . . . 

COURT: 
          So, he is waiving his appearance then?

ATTY. SAORNIDO: 
          Yes, Your Honor. 

COURT: 
          He is waving.

ATTY. DE JESUS: 
          The waiver, Your Honor_., we understand would only apply to accused who is on bail, Your Honor, and Rusia is not bonded.

COURT:
          No, no. this lawyer is saying that he is waiving his presence so the Court rules that it will continue. Call your next witness, Fiscal.

PROSECUTOR MIRO: 
          Our next witness, Your Honor, whose testimony will be part of our evidence in chief, is SP04 Arturo  

(NOTE: For the benefit of our foreign readers, blue wordings is our translation from Tagalog (Philippine language) to English ...the webmaster). 

PAGE 5
PROSECUTOR MIRO:    (CONTINUATION)
Unabia. He will be presented by prosecutor Teresita Galanida for his direct testimony. 

COURT: 
          State the purpose.

PROS. GALANIDA:
          This witness is presented in order to testify that he is a member of the police force of Carcar, Cebu; that sometime in 1997 he was the officer-in-charge of Carcar Police Station; that in the morning of July 18, 1997 while he and some of his co-policemen were in their office at the Carcar Police Station, a barangay councilman arrived and reported to them that there was a dead body of a woman which was found at the foot of the cliff or deep ravine in Sitio Tan-awan; that after receiving the report, they entered the same in their logbook, after which, he and some of his companions, police companions, together with the barangay councilman, went to Sitio Tan-awan and arriving thereat they proceeded to the edge of the cliff or the deep ravine pointed to by the reporter, the barangay councilman and from there, they saw the silhouette of a dead body way, way down below at a distance of about 150 meters from the top; this witness will testify how they took a circuitous route in going down to retrieve the dead body because they could not go down directly from the top considering the steepness of the cliff or the deep ravine; he will also testify an what transpired when they arrived at the foot of the cliff and will testify that not one of them touched the dead body until after photographs or pictures were taken of the actual position of the dead body; he will also testify how the dead body was carried with much difficulty to the top and arriving thereat that the dead body was brought to the. funeral parlor, the Tupas Funeral Parlor in Carcar, Cebu; he will also testify that later, they came to know about the identity of that dead woman to be Marijoy Chiong, one of the victims in those cases; he will also testify on same preliminary matters and on other matters that are related to the purposes already cited.

COURT:
          /Court Interpreter 
          Swear the witness.

COURT INTERPRETER:
          To witness:
          Do you swear to tell the truth, the whole truth, and nothing but the truth in this hearing? 

WITNESS: 
          I do. 

PAGE 6
COURT INTERPRETER:
            TO WITNESS:
          Please state your name, age, civil status, and other personal circumstances.

WITNESS: 
          Arturo Unabia, 50 years old, married, policeman, and a resident of Bolinawan, Carcar, Cebu.

COURT: 
          You may proceed.  

PROS. GALANIDA: 
          May it please this Honorable Court.

ATTY. DE JESUS: 
          Your Honor, please, we move for the exclusion of other witnesses, Your Honor. 

COURT : 
          You have another witness?

PROS. GALANIDA: 
          We have no other witness available this afternoon, Your Honor.

                                                                     DIRECT-EXAMINATION BY 
                                                                BY PROS. TERESITA GALANIDA 

      Q    Mr. Witness, you mentioned in your personal circumstances that you are a policeman. How long have you been a policeman? 

      A    26 years.

      Q    Can you tell this Honorable Court where you are presently assigned?

      A    I'm assigned in Carcar Police Station.

      Q    Since when have you been assigned at the Carcar Police Station?

      A    Since October 8, 1972. 

      Q    Continuously up to the present? 

      A    Continuously up to the present.

      Q    On July 18, 1997 in the morning thereof, can you recall where were you? 

      A    I was at the office of Carcar Police Station.

PAGE 7
    Q    At that time, can you tell this Honorable Court what was your designation?

      A    I was designated as officer-in-charge of Carcar Police Station. 

      Q    Under what circumstance were you designated as the officer-in-charge of the Carcar Police Station at that time? 

      A    Because the incumbent Chief of Police was granted a vacation leave. 

      Q    And what was the period of the vacation leave of the incumbent chief of police at that time? 

      A    Since June 8, 1997 until he was relieved. 

      Q    Now, you said you were in your office at Carcar Police Station that morning of July 18, 1997. Who were with you, if any?

      A    My co-policemen. 

      Q    Can you name these co-policemen of yours whom you said were with you in the office of the Carcar Police Station that morning of July 18, 1998? (correction, should be 1997)

      A    SPO4 Ardon, SPO3 Raboy, P03 Gascon.

     Q   Now, while you and your co-policemen whose names have just entered into the record were in your office  at the Carcar Police Station that morning of July 18, 1997, who arrived, if any?

      A    The barangay councilman of Guadalupe. 

       Q    And who was that barangay councilman who arrived? 

      A    Mr. Rudy Lasaga. 

      Q    You mentioned that barangay_. councilman Rudy Lasaga of Sitio Guadalupe arrived. To what municipality is Sitio Guadalupe situated?

      A     Guadalupe is situated in Carcar, Cebu. 

      Q    Can you recall what time was it when barangay councilman Rudy Lasaga arrived? 

      A    At around 10:00 o'clock. 

      Q    What was the purpose of barangay councilman Rudy Lasaga in going to the office that time? 

      A    He reported regarding the dead woman found in Tan-awan Cliff.

      Q    So, What did you do with that report personally made by the barangay councilman Rudy Lasaga about the dead body which was found in Tan-awan cliff?

PAGE 8
        A    We entered it in the logbook. 

      Q    By the way, where is this Sitio Tan-awan located; in what municipality is this situated? 

      A    Sitio Tan-awan is situated in Barangay Guadalupe, Municipality of Carcar, Cebu.

      Q    So, after you entered the report in the logbook, what did you do next? 

      A    We assembled our co-policemen to verify the report. 

      Q    So, who were those policemen whom you said you assembled in order to verify the report of barangay councilman Rudy Lasaga?

      A     SPO4 Ardon, SPO2 Raboy and PO3 Gascon.

    Q   After assembling these co-policemen of yours, what did you do next? 

      A    We proceeded to Tan-awan. 

      Q    Who were with you in proceeding to Sitio Tan-awan? 

      A    Together with us, the barangay Kagawad Rudy Lasaga. 

      Q    Aside from barangay councilor Rudy Lasaga, who else was with you? 

      A    A policeman. 

      Q   The 3 policemen whose names you mentioned earlier? 

      A   Yes, ma'am. 

      Q    So what means of transportation did you take in go to Sitio Tan-awan? 

      A    Our patrol jeep. 

      Q    By the way, how far is this sitio Tan-awan from your office at the Carcar Police Station? 

      A    Around 7 kilometers from Carcar Police Station. 

      Q    So, when you and your companions arrived at Sitio Tan-awan, what happened? 

      A    We saw many people there. 

      Q    And then afterwards? 

      A    We looked down the cliff which was pointed by the councilor there. 

      Q    Who were with you at the time when you said you looked down to the foot of the cliff pointed to by the barangay councilman Lasaga as the place where the dead body of a woman was found?

PAGE 9
      A    We were on top of the cliff looking down which was a very deep ravine.

      Q    You said that the ravine was so deep. Can you estimate the distance from the top of the cliff where you were there at the time when you looked down at the foot of the cliff? Can you estimate the distance?

      A    150 meters more or less. 

      Q    Now, from the top of the cliff where you were standing in looking down at the foot of the cliff where you said the dead body of a woman was found as pointed to by the barangay councilman, can you describe to this Honorable Court the terrain from the top of the cliff to the foot of the cliff? 

      A    The position of the cliff is really steep and it's very deep. 

PROS. GALANIDA: 
          May I also put on^-record, Your Honor, that while this witness was testifying that it was very steep, he made a hand demonstration with his palm open vertically downwards. 

      Q    So, after that, what did you next? 

      A    I Instructed my companions to cordon the place and then the barangay councilor and me went down in order to look for a way in going down the cliff. 

      Q    You said you instructed your co-policemen. Whom particular did you instruct to cordon the area at the top of tine cliff? 

      A    My companions who were left behind. 

      Q    Who were those companions?

      A    SPO4 Ardon, SPO2 Raboy and PO3 Gascon,

      Q    Can you tell this Honorable Court why you had to look for another way in going down to the foot of the cliff as you mentioned earlier? 

      A    We have to look for another way because we could not go down directly because it's very steep and deep and so we have to look for another way which is a gradual and sloping place. 

      Q    In effect, were you able to find this route which you described where it is sloping and where you could get down? 

      A    Yes, ma'am.

      Q    Who were with you at that time when you got down using that portion which you said_. the descent was gradual?

PAGE 10
      A    The barangay councilor and the barangay tanod.

      Q    Can you tell this Honorable Court after going down that gradual descent which you said, where did you go next? 

      A    When we found out the place where the descent is gradual, so we reached the river or the creek and then from the river we went back to the foot where the dead body of a woman was seen.

      Q    Now, can you tell this Honorable Court how long did it take you to go down to the foot of the cliff thru that route which you have just described to this Honorable Court?

      A    Around 15 minutes because it was muddy and slippery.

      Q    And now when you arrived_. at the foot of the cliff here the where the dead body of a woman was found, what happened?

      A    We saw together with my companions, the barangay councilor and the barangay tanod, that the dead woman was lying on the side. 

      Q    On which side of her body was she lying on the ground? 

      A    It was the left side of body which touched to  the ground.

      Q    What else have you observed? 

      A    Her pants was also torn, her orange t-shirt was raised up (witness demonstrating by pulling his left and right hand up in front of his breast); and the bra of the dead woman also was placed down; and her face covered with masking tape which was placed around her head and also the masking tape was tied around her neck.

COURT: 
      Q    What about her eyes?

      A    They were slightly covered by the masking tape. 

      Q    But not completely covered?

      A    The eyes were almost covered, only the lower portion were seen and there were so many flies. 

      Q    But her lips were completely covered with tape?

      A    Only these. (witness pointing to his eyes, forehead and also his neck) 

      Q    But her lips were not covered with tape?