CHIONG CASE

crim case nos. 45303 & 45304
pp vs larrañaga et al evidence for the prosecution test of r dacillo direct
hearing september 8, 1998

tsn- f abangan
x - - - - - - - - - - - - - - - - - - - - - - - - - /

- page 7 -

PROS. DUYONGCO: (CONTINUATION)

                 mony of Davidson Valiente Rusia to the effect that after Marijoy Chiong and Jacqueline
                 Chiong were forcibly abducted and kidnapped by accused Josman Aznar and Rowen
                 Adlawan, the white-colored car moved a little bit farther and stopped and at that instance
                 there was a commotion at the back seat of the car and Jacqueline Chiong managed to
                get out of the car and the testimony Davidson Rusia that thereafter accused Josman
                Aznar alighted from the car pursued Jacqueline Chiong and forcibly grabbed her back
                into the car and the testimony of this witness, Your Honor, is presented to give justice
                to Miss Jacqueline Chiong; and, this witness will testify on some substantial and relevant
                matters and other preliminary matters in amplification of the above-mentioned purposes,
                Your Honor.

COURT:
Swear the witness.

COURT INTERPRETER: (SWEARING-IN THE WITNESS)

Do you swear to tell the truth, the whole truth and nothing but the truth in this hearing?

WITNESS:

A Yes, I do.

COURT INTERPRETER: (TO THE WITNESS)

Will you please state your name, address and other personal circumstances?

WITNESS:

A Rolando Dacillo, 47 years old, married, driver and a resident of Sitio Camagong,
Lahug, Cebu City

ATTY. DE JESUS:

May we move for the exclusion of other prosecution witnesses, Your Honor?

PROS. DUYONGCO:

We have no other witnesses inside this court-

- page 10 -

PROS. DUYONGCO:

May I also request, Your Honor, that the sunglasses of this accused be removed? So that
his demeanor could also be observed?

ATTY. DE JESUS:

He is not a witness, Your Honor.

COURT:

He has the right to wear his sunglasses.

PROS. DUYONGCO:

But the Court and the prosecution would also like to observe his demeanor.

COURT:

But it applies only to witnesses.

PROS. DUYONGCO:

We submit, Your Honor.

Q How about accused Josman Aznar, do you know him?

WITNESS:

A Yes, sir.

Q Why?

A Because I saw him twice already.

COURT/TO THE WITNESS:

Q Before July 16?

A Last week of June, Your Honor.

PROS. DUYONGCO:

Q When was the first time you saw him?

A I saw him at Fuente Osmeña for the first time.

Q Who was with him, if there was any?

- page 11 -

WITNESS:

A Rowen Adlawan. (Witness pointing to a person by saying Rowen Adlawan).

PROS. DUYONGCO:

Q Are you referring to accused Rowen Adlawan?

A Yes, sir.

Q You told the Court that you saw accused Aznar and Adlawan at Fuente Osmeña. Are you
referring to Fuente Osmeña, Cebu City?

A Yes, sir, Cebu City.

Q Where in particular at Fuente Osmeña?

A At Croissant Snack Bar.

COURT/to the witness:

Q When was the second time you saw Aznar?

A At the time when Jacqueline was kidnapped.

Q So, that was the second time?

A Yes, Your Honor.

/to prosecutor:

Proceed.

PROS. DUYONGCO:

Q Is accused Josman Aznar inside this Courtroom?

A Yes, sir.

Q Would you please point at him?

A The one sitting there at the last. (Witness pointing to a person who when asked answered
that his name is Josman Aznar).

Q You told the Court a while ago that you are a driver. Before you became a driver, what was
your job or occupation?

A I was a driver of rent-a-car.

- page 14 -

COURT:

Proceed.

COURT STENOGRAPHER:

Q After you took your rest, what else did you do?

WITNESS:

A I accompanied my wife to see the movie at Ayala Center.

PROS. DUYONGCO:

Q Where is this Ayala Center located?

A It is located at Cebu City.

Q About what time did you leave your house in going to Ayala to watch a movie?

A Eight (8:00) o'clock.

Q What mode or means of transportation did you take in going to Ayala Center purposely to
watch a movie?

A We only walked because it is just very near.

Q In effect, did you reach Ayala Center?

A Yes, sir.

Q When you reached Ayala Center, what did you do?

A We bought ticket and went inside the movie theater.

Q What movie did you watch?

A Anaconda.

Q After watching the movie entitled Anaconda, what did you and your wife do?

A We went home.

Q What mode of transportation did you take in going home?

- page 15 -

WITNESS:

A We again walked in going home.

PROS. DUYONGCO:

Q What rode or route or street did you take in going home?

A We passed through covered walk of Ayala.

Q After passing through the covered walk of Ayala, where did you proceed?

A We went towards Archbishop Reyes Avenue.

Q While you were along Archbishop Reyes Avenue this City, could you recall if you
witnessed a very unusual incident?

A Yes, sir.

Q Please tell the Court?

COURT/to prosecutor:

Q About what time was that? Ask him.

PROS. DUYONGCO:

Q About what time was that when you were along Archbishop Reyes Avenue---

COURT:

Q And you witnessed the unusual incident?

WITNESS:

A Eleven (11:00) o'clock.

PROS. DUYONGCO:

Q Tell the Court what was that unusual incident?

A While we were about to cross Archbishop Reyes Avenue together with my wife I saw a
white car parked top my right side and a red colored taxi without top light.

Q What was the unusual incident? Tell the Court?

- page 16 -

WITNESS:

A I witnessed that the care as if it was shaking and as if somebody was quarrelling inside and
I heard a shout of a woman saying: "Don't" ("Ayaw").

COURT:

"Ayaw" does it mean "don't?" Di ba, "ayaw" means "ayaw ko, huwag".

PROS. DUYONGCO:

Q        After you witnessed this--- by the way, what car are you referring to considering that you
           told the Court that there were two (2) cars, a taxicab colored red and a white car. Which car
           are you referring to?

WITNESS:

A The white car.

Q Aside from what you noticed there was as if somebody quarrelling inside and you heard a
voice of a woman saying "don't", what else did you observe?

A After that a woman alighted from the right rear door of the car then the driver alighted also
passing infront of the car.

Q After the woman alighted from the right rear door of the white colored car, what did the
woman do?

A The driver also alighted and passing through the front of the car and forcibly snatched the
girl back to the rear of the white car.

COURT/to the witness:

Q You mean the driver grabbed the girl?

A Yes, Your Honor.

Q And pushed her back into the car?

A Yes, Your Honor.

/to prosecutor:

Proceed.

- page 18 -

WITNESS:

A It is about five (5) steps away from the door of the car.

PROS. DUYONGCO:

Q Did you recognize that woman who got out from the car?

A Yes, sir.

Q Please tell the Court if you know her?

A Jacqueline Chiong.

Q How did you come to know that that woman who got out from the car was Jacqueline
Chiong?

A         Because after one (1) week of the incident I saw her picture through the Sunstar and that
           was really the woman I saw who alighted from the car and I saw also her face when she was
           pushed back inside the car.

COURT/to the witness:

Q How far were you from the car?

A It is about twenty (20) steps, Your Honor.

Q Twenty (20) steps from the car?

A Yes, Your Honor

/to prosecutor:

Proceed.

PROS. DUYONGCO:

Q Are you referring to the white colored car, twenty (20) steps?

A Yes, sir.

COURT/to the witness:

Q Was the street well lighted?

A It was very bright because there is a sodium post which is just very near to the place

- page 19 -

WITNESS:

which was just right now.

COURT:

Q Right above the white car, you mean?

A In between the two (2) cars, the red and the white.

/to prosecutor:

Proceed.

PROS. DUYONGCO:

Q        Your told the Court that immediately after the woman whom you now identified as
           Jacqueline Chiong alighted from that white colored car the driver of the car also alighted
           and pursued Jacqueline Chiong. Do you know that person who pursued Jacqueline Chiong?

WITNESS:

A Yes, sir.

Q Is that person inside this courtroom?

A Yes, sir.

Q Would you please point at him?

A Josman Aznar. (Witness saying Josman Aznar and pointing to a person, who when asked
answered that his name is Josman Aznar).

Q        When you said that this person now you identified as accused Josman Aznar as the very
           person who alighted from the car and pushed Jacqueline back into the car, are you very
           sure of that?

A Yes, sir, I am very sure because he was facing me.

Q        Mr. Dacillo, would you draw a sketch showing Archbishop Reyes and the relative positions
           of the two (2) cars, the white colored car and the red colored car and the lamp post which
           illuminated the area and the places where you and

(NOTE: 1. RED COLOR OURS FOR EMPHASIS.
2. THE ABOVE TEXT IS A FAITHFUL REPRODUCTION OF THE ORIGINAL DOCUMENT
REFORMATTED FOR CLEARER APPRECIATION)