REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
7th Judicial Region
BRANCH 7
Cebu City

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

ATTY. SAORNIDO:
          Respectfully appearing as counsel 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:
          We want to know first if Rusia will be brought on Thursday for additional cross-examination. What shall we tell the CIG? So, we have to inquire from the accused. Will you be ready to cross-examine Rusia on the 24^th, that is Thursday? If not, then we will not tell the CIG to bring him for additional cross-examination.

ATTY. HERMOSISIMA:
          Your Honor, please, about noon time today, Mr. Rusia himself called me up if he can have a tooth extraction because it was very painful because it’s swelling and thinking that we have still – how many more – we still have 6 more witnesses so there is a good chance that by Thursday Mr. Rusia even if he is still willing could not testify yet.

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PROS. GALANIDA:
          About 8 more.

ATTY. HERMOSISIMA:
          8 more, in fact…

COURT:
          You have 8 more witnesses to present?

ATTY. HERMOSISIMA:
          Yes, but their testimonies would be quite short, Your Honor.

COURT:
          So, the defense will not be ready to cross-examine Rusia anyway on Thursday.

ATTY. HERMOSISIMA:
          Yes, Your Honor.

COURT:
          Alright. So, we will just postpone that.

ATTY. HERMOSISIMA:
          Yes, Your Honor.

PROS. MIRO:
          But other witnesses are available for cross-examination especially Mrs. Thelma Chiong because her cross-examination was also stopped.

COURT:
          Alright. So let us ask the accused if they will have their counsels of their choice on Thursday to cross-examine – to begin cross-examination of the prosecution witnesses.

ACCUSED LARRAÑAGA:
          Your Honor, please, on the 24^th we’ll have our lawyer already, Your Honor, but then I don’t know for sure he can be prepared for cross-examination because we also have to discuss everything, Your Honor.

COURT:
          So, on the 24^th, you will have your lawyer already?

ACCUSED LARRAÑAGA:
          Yes, Your Honor, but then we’re not yet prepared for that---

PAGE 4
COURT:
          Alright.

PROS. GALANIDA:
          What about the other accused, Your Honor, may we know also whether they will be ready with their respective counsel de parte?

COURT:
          Yes. What about the other accused, Mr. Aznar, you will have your lawyer ready by Thursday?

ACCUSED AZNAR:
          Yes, Your Honor.

COURT:
          Alright.

PROS. DUYONGCO:
          How about Balansag and Caño, Your Honor?

PROS. GALANIDA:
          And Adlawan.

ACCUSED BALANSAG, CAÑO AND ADLAWAN:
          We are ready, Your Honor.

COURT:
          On the 24^th? Alright. The PAO lawyers will be the one to represent you. Alright. So, you will represent these 3 gentlemen because Atty. de la Cerna has left for abroad. I think he went to Canada.

PROS. GALANIDA:
          Your Honor, please, before City Prosecutor Miro will call on our next witness, our 17^th witness, may I be allowed to manifest something for the record, Your Honor.

COURT:
          Yes.

PROS. GALANIDA:
          Now, yesterday, Your Honor, we caused to be marked as our Exhibit “FF”, the orange t-shirt worn by Marijoy Chiong. However, when we reviewed our marked exhibits, we found out that we already have an Exhibit  “FF”. This is the picture of the dead body of Marijoy 

PAGE 5
PROS. GALANIDA:  (CONTINUATION)
taken at the Tupaz Funeral Parlor in Carcar, Cebu . In view of that, Your Honor, because there are now 2 Exhibit  “ FFs ”, we would like that the Exhibit  “FF” for the orange t-shirt yesterday, be remarked as our Exhibit “LL”.  So, the Exhibit “FF” is---

COURT:
          Do you have an objection? Just a remarking of the exhibit.

ATTY. DEBALUCOS:
          No objection.

PROS. GALANIDA:
          Is remarked as Exhibit “LL”.

COURT:
          Alright, remark it. Now, you may call your next witness, Fiscal.

PROS. MIRO:
          We will be presenting our 17^th witness, Your Honor. His testimony will be part of our evidence in chief. He is Mr. Rene Rosalita.

COURT:
          Call the witness. State the purpose of his testimony for the record.

PROS. MIRO:
          He will be presented by Prosecutor Ramon Jose Duyongco.

PROS. DUYONGCO:
          The purpose in presenting this witness, Your Honor, is to establish that there was an unbroken chain of custody of the evidences recovered by the policeman from Carcar, I’m referring to the computer diskette, the hand grenade and the pair of rubber shoes; this witness will prove that sometime on the 23^rd of July, 1997, he received from Policeman Sabala who testified yesterday, the above-mentioned pieces of evidence and thereafter, this witness turned over those evidences to the CIG, Criminal Investigation Group the following day, July 24, 1997; he will testify on some other material and relevant matters and other preliminary matters in amplification of the above-mentioned purposes.

COURT:
          Swear the witness.

PAGE 6
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.

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

WITNESS:
          Rene Rosalita, 41 years old, married, a Policeman, and a resident of Dakit, Bogo, Cebu .

PROS. DUYONGCO:
          With the kind permission of the Honorable Court.

COURT:
          Proceed.

ATTY. DE JESUS:
          Your Honor, please, before we proceed, may we be allowed to manifest for the record our observation of yesterday’s hearing that this witness, Your Honor, was present and was inside in the courtroom when all of the witnesses were presented yesterday, and therefore, we would like that this Honorable Court would reprimand the prosecution in not telling honestly to this Honorable Court when we moved for the exclusion of other witnesses and they said they do not have any other witnesses present . . .

PROS. DUYONGCO:
          Firstly, Your Honor, I did not hear the defense asking for the exclusion of other prosecution witnesses; secondly, I did not notice that this witness was around when I presented the embalmer and the policeman from Carcar, Sabala. If he was ever present yesterday, that was not to our knowledge and consent.

PROS. GALANIDA:
          May I say something, Your Honor?

COURT:
          Yes.

COURT INTERPRETER TO 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.

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

WITNESS:
          Rene Rosalita, 41 years old, married, a Policeman, and a resident of Dakit, Bogo, Cebu .

PROS. DUYONGCO:
          With the kind permission of the Honorable Court.

COURT:
          Proceed.

ATTY. DE JESUS:
          Your Honor, please, before we proceed, may we be allowed to manifest for the record our observation of yesterday’s hearing that this witness, Your Honor, was present and was inside in the courtroom when all of the witnesses were presented yesterday, and therefore, we would like that this Honorable Court would reprimand the prosecution in not telling honestly to this Honorable Court when we moved for the exclusion of other witnesses and they said they do not have any other witnesses present…

PROS. DUYONGCO:
          Firstly, Your Honor, I did not hear the defense asking for the exclusion of other prosecution witnesses; secondly, I did not notice that this witness was around when I presented the embalmer and the policeman from Carcar, Sabala. If he was ever present yesterday that was not to our knowledge and consent.

PROS. GALANIDA:
          May I say something, Your Honor?

COURT:
          Yes.

PAGE 7
PROS. GALANIDA:
          Yesterday, I was the one who answered because there was a question from the defense whether there was another prosecution witness. I was the one who stated we had and I was referring to Inspector Edgardo Lenizo and he was really in the staff room. I did not even know about this witness that he came so when I said yesterday that we had one available witness but he was in the staff room, I was referring to Inspector Lenizo because I was really ready to present him yesterday afternoon.

COURT:
          Well, the records will show now that this witness was present and . . .

COURT:
          You were outside?

WITNESS:
          Yes, I was outside?

COURT:
          During the testimonies of the witnesses?

WITNESS:
          Yes, Your Honor.

COURT:
          While testimonies were being given?

WITNESS:
          Yes, Your Honor.

COURT:
          He was outside.

PROS. DUYONGCO:
          And if ever he was present, Your Honor, during the presentation of the embalmer, it has nothing to do with his testimony today because any witness could listen to the testimony of the embalmer and it has no bearing on other matters . . .

PAGE 8
COURT:
          Alright. So, the manifestation of the defense is now placed on record and whether or not it is damaging, well, it depends on the appreciation later by the Court. Now, if his testimony is not very important, I don’t think there is suppose to---

ATTY. DE JESUS:
          Thank you, Your Honor. May we therefore would like to further verify or inquire from the prosecution whether the other witnesses intended to be presented, Your Honor, are in this courtroom. May we know their specific names, Your Honor?

PROS. GALANIDA:
          Yes.

ATTY. DE JESUS:
           In order not for this incident to happen again, Your Honor.

PROS. MIRO:
          So, for the benefit of the counsels for the accused, we will be presenting today. Apart from Rene Rosalita, we have Alexis Elpusan, we have Capt. Ariston Era, We have Inspector Edgardo Lenizo, we have Dr. Nestor Sator. In this order, Your Honor, we will be presenting these 5 witnesses today.

PROS. GALANIDA:
          May we also state for the record, Your Honor, that the names as read by City Prosecutor Miro these persons concerned, are already outside of this courtroom. They are there in the Staff room.

ATTY. DE JESUS:
          Thank you, Your Honor.

PROS. DUYONGCO:
          May I now proceed, Your Honor.

COURT:
          Yes.

                                                                     DIRECT-EXAMINATION BY
                                                             PROS. RAMON JOSE DUYONGCO

      Q    Mr. Rene Rosalita, you just told the Court that you are a policeman. How long have you been a policeman?

      A    15 years and 8 months.

PAGE 9
      Q    Where are you presently assigned as a policeman?

      A    I am presently assigned in the Intelligence and Investigation Branch, Cebu Provincial Police Office.

      Q    How long have been assigned there as a policeman?

      A    I’ve been assigned there for about 5 years.

      Q    Since when if you can recall?

      A    Since September, 1993.

      Q    Continuously up to the present time?

      A    Yes, Sir.

      Q    On the 23^rd of July, 1997, could you recall where were you?

      A    I was in our office reporting for work.

      Q    Could you tell us your tour of duty on that day?

      A    My tour of duty was from 8:00 o’clock in the morning to 5:00 o’clock in the afternoon.

      Q    By the way, you said that you reported for work and your tour of duty was from 8:00 o’clock to 5:00 o’clock in the afternoon. What office are you referring to?

      A    I’m referring to the Intelligence and Investigation Branch, Cebu Provincial Police Office.

      Q    Where is that situated?

      A    At Barangay Apas, Cebu City.

      Q    In the afternoon of 23 July, 1997 at about 2:30 o’clock in the afternoon, could you recall where were you?

      A    I was in our office.

      Q    At about that time, could you recall what were you doing in your office?

      A    I was doing my usual work.

      Q    Could you recall if you met or talk to anybody about that time?

      A    Yes, I recalled.

      Q    Please tell the Court who was that person with whom you had a conversation?

      A    SP02 Elpusan came to our office looking for our Chief Intelligence and Investigation Officer by the name of Senior Inspector Patrocinio Comandador.

PAGE 10
      Q    Did you know what was the purpose of Policeman Elpusan in going to your office?

      A    At that time, I did not know.

      Q    Later on, did you come to know?

      A    Yes Sir.

      Q    What was her purpose?

      A    To get the evidences which were recovered in Carcar.

      Q    How did you know that there were evidences recovered from Carcar?

      A    It was SP01 Sabala who turned over the evidences and it was received by me.

      Q    When did you receive?

      A     I received it on July 23, 1997.

      Q    Could you recall what were those evidences you received on 23 July 1997?

      A    I received the following items: one (1) computer diskette; one (1) fragmentation grenade; and one (1) pair of shoes.

      Q    Now, going back to that time about 2:30 o’clock in the afternoon of 24 July, 1997 wherein you told the Court that a policeman by the name of Elpusan went to your office looking for your officer. What transpired after that?

      A    Major – Police Senior Inspector Comendador, our Chief Intelligence and Investigation Officer, instructed me to turn over to SP01 Elpusan, the CIG representative.

      Q    What are those things you have to turn over to Elpusan?

      A    The diskette, the fragmentation grenade and one pair of shoes.

      Q    In effect, did you turn over to Elpusan?

      A    Yes, sir.

      Q    Do you have any evidence to show to this Court that you actually delivered those evidence to Elpusan?

      A    Yes, sir.

      Q    I’ll show you this receipt. Please tell the Court what relation has that receipt to the one you issued or prepared to be signed by Elpusan?

      A    Yes, this is the one, sir. (Witness examined and identified Receipt dated July 24, 1997 signed by Mario Llanto Potot, Superintendent and received by Alexis Elpusan)

PAGE 11
PROS. DUYONGCO:
          I pray, Your Honor, that this Receipt dated 24 July, 1997, be marked as Exhibit “RR”.

COURT:
          Mark it.

PROS. DUYONGCO:
      Q    There is a signature above the typewritten name Mario Llanto Potot, Police Supt., Prov’l. Director. Do you recognize whose signature is that?

      A    Yes, this is the signature of our Chief Intelligence and Investigation Officer. (Witness identified the signature of Mario Llanto Potot appearing at the bottom of Exhibit “RR”)

      Q    Are you telling the Court that Mario Potot is the Intelligence Officer of your office?

      A    No, sir.

      Q    Who is the Intelligence Officer of your office?

      A    Police Senior Inspector Patrocinio Comendador.

      Q    And why is it that he signed this above the typewritten name Mario Llanto Potot?

      A    He has the authority, sir. He was authorized to sign that receipt.

PROS. DUYONGCO:
          I pray, Your Honor, that the signature of Police Sr. Insp. Patrocinio Comendador over the typewritten name Mario Llanto Potot in behalf of Mario Potot, be bracketed and marked as Exh. “RR-1”.

COURT:
          Mark it.

PROS. DUYONGCO:
      Q    Now, under the column Received the following items are the words SPO1 Alexis A. Elpusan. Do you know who wrote those entries including the date and time?

      A    Yes, sir, this is the one who received the items. (Witness identified the signature of SPO1 Alexis Elpusan appearing on the left portion of Exhibit “RR”).

PROS. DUYONGCO:
          I pray, Your Honor, that the signature evidencing 

PAGE 12
receipt of the above-mentioned items of SPO1 Alexis Elpusan including the date 24 1430H July 1997, be likewise bracketed and marked as Exh. "RR-2" .

COURT:
          Mark it.

PROS. DUYONGCO:
          That would be all for the witness, Your Honor.

COURT:
          Cross-examination of this witness is likewise deferred for the same reason. Thank you, Officer. Call your next witness.

PROS. MIRO:
          Our 18^th witness, Your Honor, is Alexis Elpusan. Her testimony will be part of our evidence in chief.

PROS. DUYONGCO:
          May I state the purpose, Your Honor?

COURT:
          Yes, state the purpose.

PROS. DUYONGCO:
          The purpose in presenting the next witness, Your Honor, is also to prove that there was an unbroken chain of custody of the evidences particularly the computer diskette, the fragmentation grenade, the pair of shoes; and this witness will testify to prove that on the 24^th of July, 1997 he received from Rene Rosalita those evidences I have just mentioned from the Provincial Police.

COURT:
          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.

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

PAGE 13
WITNESS:
          SPO1 Alexis Elpusan, 43 yeas old, married, PNP/CIG, and a resident of Gorordo Avenue, Cebu City.

PROS. DUYONGCO:
          May it please this Honorable Court?

COURT:
          Proceed.  

                                                                    DIRECT-EXAMINATION BY
                                                             PROS. RAMON JOSE DUYONGCO

      Q    SPO1 Elpusan, you just told the Court that you are a policewoman. How long have you been a policewoman?

      A    I have been a policewoman for almost 7 years now.

      Q    How long have you been assigned at the CIG or Criminal Investigation Group?

      A    I have been assigned for 20 years.

      Q    Would you please enlighten the Court because you have been assigned there for 20 years and you just told the Court that you have been a policewoman for about 7 years?

      A    The defunct Philippine Constabulary, I was assigned as intelligence agent of that PC assigned at the Criminal Investigation Service for 13 years. When the PNP was absorbed, I was absorbed into PNP uniform component with a rank of Senior Police Officer I.

      Q    On July 24, 1997, could you recall where were you?

      A    I was at the office of the CIG.

      Q    What was your tour of duty on that day?

      A    From 8:00 o’clock in the morning up to 5:00 o’clock in the afternoon.

      Q    About 2:00 o’clock in the afternoon of that date July 24, 1997, could you recall where were you?

       A    I was in the office and then I was instructed by our Regional Officer, Superintendent Napoleon Estilles to proceed to the Cebu Provincial Police Office at Barangay Apas, Cebu City.

      Q    Now, what was your purpose in going to the Police Provincial Office at Barangay Apas?

      A    He instructed me to get the evidence that was found at the crime scene.  

PAGE 14
      Q    When you said Barangay Apas, where I that located?

      A    Apas, sir. 

      Q    Where is that located, Barangay Apas?

      A    Lahug.

      Q    Cebu City?

      A    Yes, sir.

      Q    When you said that to get the evidence recovered from the crime scene. What crime are you talking about?

      A    Regarding the Chiong abduction case.

      Q    In effect, did you follow the order or instruction of Superintendent Estilles?

      A    Yes, sir.

      Q    What did you do after you were instructed?

      A    I proceeded to their office and then I talked to Police Senior Inspector Patrocinio Comendador who was then the Chief of the Intelligence Division and he told me further that the evidence is now ready for pick up. So, I met SPO1 Rosalita and he gave me the evidence.

      Q    Were you alone in going to the Provincial Police Office?

      A    I was in company with PO3 Rene Kyamko.

      Q    Now, when you met SPO1 Rosalita at the office of Police Officer Comendador, what transpired?

      A    Rosalita presented to me the 3 evidences, the computer diskette, windows 95, fragmentation grenade, and the pair of black rubber shoes.

      Q    So what did you do after it was presented to you?

      A    I examined the one that was in his receipt and the one being presented to me.

      Q    What do you mean by examined the one in the receipt and the one being presented to you? Please elaborate and enlighten the Court?

      A    I examined first the evidences whether it will tally with the receipt which I was about to receive.

      Q    So, what were you going to compare?

      A    The actual evidence compared to the one that was written in the receipt.

PAGE 15
      Q    Very good. After you have just compared the evidences presented to you and the receipt, what transpired next?

      A    After that, I received the evidences.

      Q    Were the documents evidencing the turnover of those evidences?

      A    Yes, sir.

      Q    I will show you a document marked already as Exh. “RR”. Please tell the Court what relation has that document to the one that was prepared and the document the transfer of the evidence?

      A    This is the receipt which I received from the Cebu Provincial Office from the person of SPO1 Rosalita. (Witness examined and identified Exh. “RR” and series)

      Q    There is a signature after the words Received the following items. Do you recognize whose signature is that?

      A    That is my own signature.

      Q    Now, after you received those evidences and signed this receipt, what else did you do?

      A    After I received the evidences, I proceeded to our office and there I informed our Regional Officer that these are the evidences I took from the Provincial Office.

      Q    After you informed your superior, what was his reply if there was any?

      A    He told me to keep all the evidences in our evidence room for safekeeping.

      Q    So, what did you do after you were instructed to do so?

      A    I placed all the 3 evidences in the evidence room. I locked it properly.

PROS. DUYONGCO: 
          That would be all, Your Honor.

COURT:
          The cross-examination of this witness is likewise differed. Next witness.

PROS. MIRO:
          We will continue with the presentation of our witnesses, Your Honor. We will be presenting our 19^th witness in the person of Capt. Ariston Era.  

PAGE 16
COURT:
          State the purpose.

PROS. DUYONGCO:
          Thank you, Your Honor. This witness, Your Honor, is presented to prove that these evidences recovered from the crime scene in Carcar I’m referring to the fragmentation grenade, the computer diskette, and the pair of black shoes were turned over to the PNP Crime Laboratory for determination whether there were fingerprint impression and if there were fingerprint impressions to determine whose fingerprints were they; and that, he will testify that he was the one who personally delivered these object evidence to the PNP Crime Laboratory for examination and these were duly received by PNP Insp. Edgardo Lenizo; and he will testify on other matters relevant to this case.

COURT:
          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.

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

WITNESS:
          Police Inspector Ariston Era, 55 years old, married, PNP member, and a resident of CIG Office at Camp Sotero Cabahug, Gorordo Avenue, Cebu City.

PROS. DUYONGCO:
          With the kind permission of the Honorable Court.

COURT:
          Proceed.

ATTY. DE JESUS:
          Your Honor, please, we would like to manifest for the record, Your Honor, that this witness now about to testify has been in this courtroom for the past days when this case was called for hearing and we would just like to put that on record, Your Honor.

PAGE 17
COURT:
          What do you say to that?

PROS. DUYONGCO:
          Well, Your Honor, during the testimony of accused, prosecution witness Davidson Valiente Rusia, this witness was one of the escorts in fact he is sometimes the team leader of the escorts and he is also sent here by the Director of the Criminal Investigation Group to coordinate with us in whatever evidence we need in the proper prosecution of this case because for the record, Your Honor, the Criminal Investigation Group is the lead agency in the investigation of this case, the Chiong case. So, it is just imperative that a representative from the CIG would always be around to coordinate with the prosecution in the prosecution of this case.

ATTY. DE JESUS:
          Your Honor, please, may we just inquire from the prosecution whether when did they decide to have this witness now presented as a witness?   

PROS. DUYONGCO:
          Well, in my case, Your Honor, I just decided yesterday knowing that- after knowing that he was the one who turned over these evidences to the PNP Crime Laboratory and that’s all. With regard to other testimonies of the witnesses, the eyewitnesses accounts he has nothing to do, Your Honor, and his testimony has no bearing in the testimony of other witnesses.

COURT:
          Alright, the explanation is in the record and it depends on the importance of the testimony of the witness whether that will affect his credibility- the fact of his having been present during the earlier part of the trial of this case. You may proceed.

PROS. DUYONGCO:
          Thank you, Your Honor.

ATTY. DE JESUS:
          We submit, Your Honor.

                                                                       DIRECT-EXAMINATION BY  
                                                                PROS. RAMON JOSE DUYONGCO  

      Q    Inspector Ariston Era, you just told the Court that you are a member of the PNP meaning Philippine National Police. How long have you been a member of the Philippine National Police?

PAGE 18      
      A    Well, in the PNP, if I remembered it right, that was effective 1991. That was with the PNP alone.

      Q    Before you join the PNP, what was your job?

      A    I was formerly enlisted in the Philippine Army on 31 October 1966 and after which I was transferred to the Philippine Constabulary sometime in 1972.

      Q    So, how long have you been in the government service as a policeman in the Philippine Constabulary or Philippine Army member?

      A    By 31 October 1998, I would be 32 years in the service.

      Q    Now, as a member of the Criminal Investigation Group, how long have you been assigned there?

      A    With the Criminal Investigation Group which was then the Criminal Investigation Service, I have been assigned since 1976.

      Q    Continuously up to the present?

      A    Yes, sir.

      Q    On October 3, 1997,could you recall where were you?

      A    I was in our office, sir.

      Q    What were you doing in your office at that time?

      A    I was doing my routinary work, sir.

      Q   Are you telling the Court that you reported for duty on that day?

      A    Yes, sir.

      Q    What was your tour of duty on that day?

      A    Well, our tour of duty in the office is from 8:00 o’clock to 5:00 o’clock in the afternoon.

      Q    In the morning of that day October 3, 1997 about 10:00 o’clock in the morning, could you recall where were you?

      A    I was in the office, sir.

      Q    Could you recall if you had a conversation with anybody in your life?

      A    I was ordered by Col. Estilles to contact Alexis Elpusan to prepare the fragmentation grenade, the diskette and the pair of rubber shoes which should be turned over to the PNP Crime Laboratory for examination.

PAGE 19
      Q    After you were instructed by Col. Estilles to submit all those evidences you have mentioned to the PNP Crime Laboratory for examination, what did you do?

     A    I prepared a request addressed to the PNP Crime Laboratory.

     Q    About that time did you prepare the document?

      A    About 11:30 in the morning thereof.

      Q    After you prepared the necessary document for the examination of those evidences, what else did you do?

      A    I went to the office of Col. Estilles and have it signed by him.

      Q    Do you have a copy of the receipt?

      A    Yes, sir.

      Q    Please show it to the Court.

      A    (Witness showing to the prosecutor a receipt dated October 3, 1997)

      Q    You told the Court that after you prepared a receipt you went to the office of Col. Estilles to have this signed. Did Estilles actually sign this document?

      A    Yes, sir.

PROS. DUYONGCO:
          May I pray, Your Honor, that this documents which is a Memorandum for Chief PNP CLS RU7, Subject: Comparative Examination for fingerprint impressions; Request for, Date October 3, 1997, be marked as Exh. “SS”.

COURT:
          Mark it.

PROS. DUYONGCO:
      Q    Now, there is a signature above the typewritten name Napoleon Romero Estilles. Do you recognize whose signature is that?

      A    This is the very signature of Col. Estilles, sir.

      Q    Why do you say so?

      A    Because he signed the name in my presence.

PROS. DUYONGCO:
          I pray that this be marked as Exh. “SS-1”, Your Honor.

PAGE 20
COURT:
          Mark it.

PROS. DUYONGCO:

      Q    After Col. Estilles had signed this document, what else did you do?

      A    I again contacted Sgt. Alexis Elpusan that after lunch she will accompany me and deliver the fragmentation grenade, the diskette and a pair of rubber shoes to the PNP Crime Laboratory.

      Q    Thereafter, what else did you do?

      A    At about 1:30, Alexis Elpusan accompanied me and brought along with her the fragmentation grenade, the diskette and the pair of rubber shoes for turn over to the PNP Crime Laboratory.

      Q    By the way, where is the office of the PNP Crime Laboratory located?

      A    It is about 20 meters more or less from our office.

      Q    Where is it particularly situated?

      A    Camp Sotero Cabahug, Gorordo Avenue, Cebu City.

      Q    Are you telling this Court that your Office is also situated inside Camp Sotero Cabahug?

      A    Yes, sir.

     Q    What means of transportation did you take from your office to the PNP Crime Laboratory?

      A    By foot.

      Q    In effect, did you arrive at the office of the PNP Crime Laboratory?

      A    Yes, sir.

      Q    What transpired when you reached there?

      A    It was received by Police Inspector Edgardo Lenizo at exactly 1:30 in the afternoon of 3 October, 1997.

      Q    Do you know personally this Police Inspector Edgardo Lenizo?

      A    Yes, sir.

      Q    Do you know where is this police officer assigned?

      A    He is assigned with the PNP Crime Laboratory, sir.

      Q    Now, you told the Court that the evidence were personally 

PAGE 21
received by Police Inspector Edgardo Lenizo. Could you please point to this document his name or signature showing that he actually received it?

      A    (Witness pointing to the name appearing at the bottom left portion of Exh. “SS” the name of Edgardo Lenizo)

PROS. DUYONGCO:
          I pray, Your Honor, that the rubber stamped impression Received 2 October, 97, Police Inspector Edgardo D. Lenizo, Received by, then Police Inspector Ariston Era, Delivered by, be bracketed and marked as Exh. “SS-2”.

COURT:
          Mark it.

PROS. DUYONGCO: 
      Q    Could you just enlighten the Court why it was only in October, 1997 that these evidences you just mentioned were turned over to the PNP Crime Laboratory?

      A    Of course, on 24 July 1997, the date when Alexis Elpusan received the fragmentation grenade, the diskette and the pair of rubber shoes were received, it did not occur into our minds that there were or there could be possible fingerprints on the questioned times.

      Q    And why is it that it was only on October 3, 1997 that you decided to turn these over to the PNP Crime Laboratory for examination?

      A    Because by that time the suspects were already arrested and fingerprinted.

      Q    And so what if they were arrested an