crim case nos. 45303 & 45304
pp vs larrañaga et al                        
hearing august 20, 1998
tsn- f abangan
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- 77 -

COURT:
             So let us not assume that they were outside.

ATTY. PAYLADO: 
Q          By the way, that house at Guadalupe was actually an 

             apartment. Do you agree with me?

A          Actually no.

Q          But you managed to enter that house because you were the one who was bringing the key?

A           No, sir.            

Q          Then who opened that house; who opened the door of that house?

A           I did not see who opened the door.
 

Q          No. I'm questioning you because you said you and your group have gone inside the house.
             Who opened the door of that house?

A          I did not see who opened the door.

COURT: 

            He did not see. What can we do that is what he said. Maybe he saw but he did not want 
            to say so. E, anong magagawa natin? (Oh, what can we do?) Let us not force him to say 

            something that he doesn't want to say. E, anong magagawa natin? (Oh, what can we do?)
            Probably he saw - he doesn't want to say. What can we do?

ATTY. PAYLADO: 

Q         At Tan-awan, when the group arrived at Tan-awan, it was still raining?

A         I couldn't recall if it was raining.

Q         You cannot recall. Yet to some other degree of details you can recall? Please be honest...

ATTY. HERMOSISIMA: 

           Argumentative.

ATTY. PAYLADO: 

           No, I'm not yet through. Please be honest to us.

COURT: 

           That is arguing with the witness. He said he cannot recall and when you say but the
           other details you can recall. You are arguing with him.

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