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crim
case nos. 45303 & 45304 - page16- WITNESS: A
Alfredo R. Duarte, 49 years old, married, driver
and a resident of Poblacion 3, Awayan,
ATTY.
SANIEL: COURT: ATTY.
DE JESUS:
ATTY.
SANIEL:
DIRECT-EXAMINATION OF THE WITNESS BY ATTY. BIENVENIDO SANIEL Q
Mr. Witness, would you please tell the Honorable Court where
were you at about 1:30
A I was at the corner of Awayan in order to order a barbecue.
Q How far is that barbecue stand from your place of residence? A Fifty (50) meters more or less. Q By the way, where is this Barangay Awayan located?
A It is located in Carcar, Cebu. Q
In going to the South, does one pass by Brgy. Awayan going to Carcar
proper? or is the
- page17-
WITNESS: ATTY.
SANIEL: A
After ordering the barbecue I went to Nene's store
in order to buy milk. Q For whom what that milk you bought? A For my child. Q How old was your child then at that time? A Two (2) months old. Q Were you able to buy the milk? A Yes, sir. Q
By the way, how far is that Nene's store from the place where the
barbecue stand is A Less than a meter. COURT/
to the Court Interpreter: ATTY.
SANIEL: A (Witness indicating a distance of 4 to 5 meters, more or less). Q After buying the milk, what next did you do? A I went back to the barbecue stand. Q What was you purpose in going back to the barbecue stand?
- page18-
WITNESS: ATTY.
SANIEL:
A A person approached me and asked where to buy Tanduay.
Q You are referring to Tanduay Rhum? A Yes, sir. Q What did you tell him? A I pointed to Nene's store. Q
And after you pointed to him Nene's store, what did that person do? A He went to the store. Q And do you know if he was able to buy Tanduay Rhum?
A Yes, sir. Q Why do you say so? A Because I asked him whether he was able to buy Tanduay Rhum and he answered "Yes".
Q
When was that when you asked if he was able to buy this Tanduay Rhum? A When that person went back to the barbecue stand. Q
When he had already returned to the barbecue stand and you asked him if
he was able to
A He also ordered barbecue.
Q What else happened regarding his order for barbecue?
- page19-
WITNESS:
ATTY. SANIEL: Q Did you see that vehicle that he was referring to?
A Yes, sir.
Q Later was he able to get or to buy the barbecue that he ordered?
A Yes, sir, he was able to get the barbecue which he ordered.
Q
In your estimate for how long did that person wait
until the barbecue that he ordered was
A Ten (10) minutes, more or less.
Q While he was waiting for ten (10) minutes, where was that person?
A He was just near the barbecue stand.
Q And how far was that person to you since you said you were also at the barbecue stand?
A It could only be reached. (Witness stretching his left hand indicating one (1) armlength).
Q
And would you please describe the lighting condition in the place where
the barbecue is
A
It was very bright because there was a flourescent there at the waiting-shed
which
Q Where is the barbecue stand located in relation to that waiting-shed that you said?
A It is within the waiting-shed.
Q During that period of time of ten (10) minutes as you said the place was lighted, were you
- page20-
ATTY.
SANIEL: (CONTINUATION) WITNESS: A Yes, sir.
Q If you are ask, would you be able to identify him?
A Yes, sir.
Q
If he is now in the courtroom, please look around
and tell the Court if he is here and if he is
A
That person from the left. (Witness pointing to a person by saying
"the third person from
Q
While waiting for the barbecue to be cooked, did
you have a chance to observe the vehicle
A Yes, sir, I saw the van.
Q While the van was parked, what if any did you notice about the van?
A It seems there were people quarreling inside the van.
Q
Would you be able to recognize the voices of those people whom you heard
to be quarreling
A I cannot identify the persons inside the van but I heard voices.
COURT/to the witness: Q They were male/or female, the voices?
(NOTE:
1. RED COLOR OURS FOR EMPHASIS.
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