crim case nos. 45303 & 45304
pp vs larrañaga et al                                                  evidence for the prosecution test of a sabala 
hearing sept 21, 1998                                               direct
tsn- f abangan
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- page 48 -

PROS. DUYONGCO:
Q          Could you tell the Court what was your tour of duty on that day?

WITNESS:  (SPO1 Antonio Sabla, Jr.)
A          From 8:00 in the morning until 5:00 in the afternoon. 

Q          Now, could you tell the Court what were your activities on that day, July 22, 1997?

A           As usual I do some office works and about in the afternoon of the 22nd, the team from the
             Regional Mobile Group arrived at our office requesting for our assistance to go to
             Tan-awan, Guadalupe, Carcar, Cebu.

Q          How many were they who went to your office?

A           Seven (7).

Q          Do you recall their names?

A          Only their team leader.

Q          Please tell the Court the name of the team leader?

A          Yes, Inspector Martin Logan.

Q          Considering that they requested from your office for assistance to go to Sitio Tan-awan, did
             you grant their request?

A           SPO4 Unabia granted their request.

Q          What did you do after that?

A           Since I was called by our Officer-in-Charge at that time to go with them, I went with them
              to Tan-awan.

Q          How many were you going to Sitio Tan-awan?

A          About nine (9).

Q         What made of transportation did you take in going to Sitio Tan-awan from your
            headquarters, from your police station?

- page 49 -

WITNESS: 
A          I rode with my motorcycle.

PROS. DUYONGCO: 

Q          How about the other policemen, what transportation did they take?  

A           They rode with our patrol car.

Q          In effect, did you reach Sitio Tan-awan?

A           Yes, sir.

Q          When you say Sitio Tan-awan, are you referring to Sitio Tan-awan, Guadalupe, 
              Carcar, Cebu?

A          Yes, sir.

Q          By the way, what was your purpose in going to Sitio Tan-awan?

A          To search for more evidences.

Q          About what time did you arrive at Sitio Tan-awan?

A           About 2:00 o'clock.

Q          How long did you stay in Sitio Tan-awan?

A           For almost three (3) hours.

Q          By the way, where in particular in Sitio Tan-awan did you go to search for further
             evidence?

A          At the cliff where the alleged dumping was told to us.

Q         You said you were searching for evidence, did you find any?

A          Yes, sir.

Q          What evidence did you retrieve or recovered from the scene of the crime?

A          First, I was able to recover a pair of rubber shoes black. 

                                                                     - page 50 -

PROS. DUYONGCO.
Q          Where in particular did you recover the pair of rubber shoes?

WITNESS:
A           At the garbage site near the cliff.

Q          What was the color of that rubber shoes?

A           Black.

Q          Did you know the brand of that rubber shoes?

A          I believe it's "Converse".

Q          Aside from that pair of shoes, what else did you recover?

COURT/to the witness: 

Q          Was it ladies or mens shoes?

A          It's unisex, Your Honor.

Q          Unisex?

A           Yes, Your Honor.

Q          So, you do not know if it was ladies or mens?

A           No, Your Honor.

PROS. DUYONGCO: 

Q          What else did you recover if any?

A          A black diskette.

Q         Where?

A          Below the railings near the cliff.

Q          Who actually found that diskette?

A          Myself, sir.

Q          What else did you recover aside from those two (2)---

COURT: 

             What is that diskette?

                                                                      - page 51 -

PROS. DUYONGCO:
Q          Computer diskette, Your Honor. This is very material, Your Honor, because the diskette
             was submitted for examination and there was a thumbprint of accused Josman Aznar.

COURT: 

             There was a thumbprint?

PROS. DUYONGCO: 

             Yes, Your Honor.

ATTY. DEBALUCOS: 

             We object to that unnecessary manifestation, Your Honor.

PROS. DUYONGCO: 

             The Court is asking me, so I told the Court.

COURT: 

              I am asking him what is the materiality of the diskette and he said there was a thumbprint,
              then they will prove that, which is admitted conditionally if they will prove it.

PROS. DUYONGCO: 

             That's why I am establishing, Your Honor.

ATTY. DEBALUCOS: 

              That's why, Your Honor, we are objecting it because it is still the prosecution or the PNP
              Crime Laboratory who is still in the process of ----

PROS. DUYONGCO: 

              Well, I am giving advance information, Your Honor.

COURT: 

              We are admitting it conditionally that they have to present such proofs otherwise we will
               strike it out from the records if they cannot 

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