crim case nos. 45303 & 45304                                                       
pp vs larrañaga et al                                   .                  
hearing november 17, 1998                                          .
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PAGE 3                                                   .
COURT:
          We will consider your Motions and Manifestations submitted for resolutions to the Court since we cannot resolve those Motions ang dami na (they are now so many.) I cannot resolve that today. So submitted na lang (only), submitted for resolution.  

ATTY. VILLARMIA:
           That includes the hearing for today, Your Honor.

COURT:
          Yes.  That is what I would like to inquire now this hearing is set for the purpose of presentation of evidence by the defense. And the Court wants to inquire from the defense now, are you ready to present your evidence for today?

ATTY. VILLARMIA:
          For accused Larranaga, Your Honor- that is why we related first, Your Honor, that we have not received the ruling on our Motion to give us additional time. We want a ruling on that because the Court - - -

COURT:
          Well, we cannot suspend the trial while the Court is considering your Motion for Reconsiderations and other pleadings. The law says the hearing of these heinous crimes must undergo mandatory, continuous trial. So, we cannot suspend as you are requesting for one (1) month, the trial.    

ATTY. VILLARMIA:
          That is subject to the discretion of the Court, Your Honor.

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

PAGE 4
COURT:
          Now, we would like to know if you are ready to present your evidence today or not?

ATTY. VILLARMIA:
          To be candid, Your Honor, we would like to ask for additional time if the Court would grant us otherwise, we will be compelled to present any available witness present today.

ATTY. ANDALES:
          May I say something, Your Honor?

COURT:
          Yes.

ATTY. ANDALES:
          I think it is most prudent and wise considering that according to this Honorable Court that he has to resolve yet the pending Motions before this Honorable Court, that we want to defer also the presentation of evidence for the defense because one of these grounds stated in our Motion for Reconsideration is that the presentation of evidence for the defense is too close at the time that we received the Omnibus Order of this Honorable Court. We need time, Your Honor please, to talk to our witnesses and to collate whatever documentary evidence there might be to present proper presentation of evidence for the defense. And we would suggest that we should be given at least one (1) week or two (2) weeks from the filing of the Motion for Reconsiderations that the hearing be set for evidence for the defense.

COURT:
          Well, in the order of September 28, this Court already gave you a warning that if you are not ready to present your defense evidence when the time comes for you to do so, the Court will consider you to have waived presentation of your defense evidence against in the order of' October 15. We had a one-month recess.

ATTY. VILLARMIA:
          Yes, Your Honor.

PAGE 5
COURT:
          You had plenty of time to prepare your presentation of evidence. You knew that the prosecution had finished its presentation and you had to begin presentation and again in the Order of November 12, we gave you five (5) days. So, the Court is stating that if you are not ready to present your evidence today, well, the Court may consider you to have waived presentation of your evidence in which case these cases shall now be deemed submitted for decision. Maybe that is also what you want because if the higher court declares a mistrial or the decision of this Court is annulled by the higher court, then another judge will have to take over and try the cases because I cannot, I have already rendered a decision on it, of these cases. So, I would be considered bias and I think that is also what you want for another Judge to take over. That is, if my decision is declared null and void by the higher court. Now, another thing, I think you also want to bring, to elevate to the higher court these technical questions about my rulings in these cases and that is you would be able to do that already if we will consider these cases as submitted for decision and one more thing is, that your clients are under detention and if you will continue presentation of your evidence, we do not know how long that will take, how many witnesses will you present and besides i understand you will only present alibi witnesses, anyway. And, you know that alibi is the weakest defense. So, it would not prevail against the positive identification made by the prosecution witnesses. So, maybe that would be the best solution for all concerned for the Court to consider these cases as now been submitted for decision and that you are deemed to have waived presentation of your evidence.

ATTY. VILLARMIA:
          May we ask for a ten-minutes recess, Your Honor?

PAGE 6
COURT: (CONTINUATION)
          Yes. I am just explaining that might be the best solution for all concerned because if my decision is nullified or a mistrial is declared because of your technical objection, etc., because I declared you to have waived cross-examination of the prosecution witnesses because I declared you to have waived presentation of your evidence and the higher court declare it as a mistrial, then I will no longer be the one to try the cases, since I already rendered a decision and I will be considered a bias Judge already. So, another Judge will have to take over which is what you want, di ba? (Isn't it so?) Now, if the higher court affirms my decision, e, wa'la tayong magagawa roon, (so we cannot do anything about it). If the higher court affirms my decision, ganoon din naman ang mangyayari (that is also what will happen) if you present your alibi evidence. Mahirap namang depensa yong alibi. (It is hard as a defense an alibi.) So, what's the use? It cannot prevail against positive identification of prosecution witnesses. Alright, you may have your ten-minutes recess to confer with your clients.

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                                         #####  SESSION RESUMED  #####

COURT INTERPRETER:
          Everybody stand, the Court is now in session and silence is hereby enjoined.

COURT:
          To tell you the truth that is really what I want to do and what I am going to do. If the defense should tell this Court now that they are not ready to present their defense evidence, I will consider the defense to have waived presentation of its evidence and consider these cases as now submitted for decision to this Court. So, what do you say? If you present your evidence it has to be continuous, starting today and continuously without break because that is what the law says. Shall undergo mandatory, continuous trial. Ano ang magagawa natin (What can we do) that is what the law says. So, if you decide to present your evidence, then present your evidence continuously. Otherwise, the Court will consider the defense to have waived presentation of its evidence in which case, I will render my decision already and you can appeal to the higher court.

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

PAGE 7
ATTY. CARIN:
          For and in behalf of the Uy Brothers, Your Honor, I respectfully submit that the Motion for continuance filed by Atty. Andales, Your Honor, for two (2) weeks, in which case the hearing of these cases will start presentation in December first week is reasonable but in view of the pronouncement of the Court, Your Honor, we respectfully submit. In addition, Your Honor, and with all due respect to this Honorable Court, the defense would like to take exception of the statement of the Court that the defense would want a mistrial of these cases. We are here, Your Honor, because we are here to serve the ends of justice and we are here likewise to seek justice, Your Honor. And we are, we, in the defense are not driving that technicalities of procedure, Your Honor, but - - - -

COURT:
          No- -  there are several questions -- --

ATTY. CARIN:
          Yes.

COURT:
          Substantive questions of law that maybe ought to be decided by the higher court. See? And you may want the higher court to decide that rather than continue with the presentation of your witnesses, e, puro alibi naman pala yong epe-present ninyo, (you will only be presenting alibis), which we know is a very weak defense, anyway, and cannot prevail against positive identification by prosecution witnesses. So, di sayang lang ang panahon (we will be just wasting time) and your clients ay nakakulong. (are jailed). And how long will your presentation of evidence take? E, kung isong taon, isang taon pa silang nakakulong? (So, if one year, one year more they will be jailed?) Now, if we decide, this already let the Supreme Court decide yong mga (those) technical questions ninyo (you have) substantive questions of law that you have raised. E, de, (So) we don't have to waste time.

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

PAGE 8
ATTY CARIN: 
          It is that submission of the defense, Your Honor, that the defense is just trying to avail. Whatever rights is available to the accused in these cases considering that what is read against them is the full panoply of state power.

COURT:
          That is why I am giving you the option, you present your evidence now, start presentation of  your evidence now and it must be continuous until terminated or you are not ready to present your evidence now or I will consider the defense to have waived presentation of its evidence and I will consider these cases as submitted for decision already. Promulgation of judgment next week and you can appeal already to the higher court. Alright.

ATTY. CARIN:
          Likewise, Your Honor, it is the submission of  the defense that we are not likewise here to delay the proceedings of these cases.

COURT:
          I am not saying you are delaying. I am only saying that maybe the best solution for all concerned. I am not saying you are delaying. I am only saying that baka iyon ang mabuti na gawin nanatin para matapos na, di ba? (maybe that will be best for us to do so we can end this already, isn't it so?) And you can go to the higher court already and have the higher court rule on the proceedings that we have followed here. Baka naman (Maybe also) the higher court may declare a mistrial and there will be a re-trial by another Judge. Hindi na ako (Not anymore me) since you want me to inhibit myself. I cannot inhibit myself without just a valid reason. But  if I have a decision already convicting the accused. I cannot re-try the cases anymore, di ba, (Isn't it so,) because bias na ako roon. (bias already then). So, another judge will re-try the case not me if a mistrial is declared by the higher court - Court of Appeals or the Supreme Court. But if my decision is affirm by the higher court wala tayong magagawa roon. (we will not be able to do anything there).

ATTY. CARIN:
          We just would like to manifest for the record, Your Honor, that the defense does not want a mistrial of these cases, with all due respect to the previous pronouncements of the Court.

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

PAGE 9
COURT:
          That is why. So I will if ask you now, are you ready to commence presentation of your evidence today?

ATTY. VILLARMIA:
          Your Honor Please, without abandoning our right to question the proceedings today, we would like to manifest to the Court that we will present evidence when the Court wants us to do so.

COURT:
          It has to be today and if you are not ready to present your evidence today I will issue an Order declaring declaring you to have waived presentation of your evidence and these cases are now deemed submitted for decision of the Court.

ATTY. VILLARMIA:
          Precisely, Your Honor, for Larranaga, we will present evidence today.

COURT:
          Today?

ATTY. VILLARMIA:
          Today, Your Honor.

COURT:
          Yes, Mrs. Larranaga wants to say something.

MRS. LARRANAGA:
          Your Honor please, I would like to offer myself because my son is in jail for more than a year and I would like that justice be given to him.

COURT:
          That is why I would like to find acceptable solution for everybody if we consider these cases as submitted for decision already then I will render the decision next week and you can appeal already to the Court of Appeals or to the Supreme Court.