ciminal case nos cbu-45303 & 45304
pp vs larrañaga et al
hearing jan 25, 1999
PAGE 45

COURT:
          So, I now have to make a ruling that this purpose of yours to subpoena Atty. Villarin, Head of the NBI, Cebu City, is irrelevant and immaterial to these cases.

ATTY. ANDALES:
          I would like to state the purpose of the offer, Your Honor - - -

COURT:
          You appeal to the higher court, that is a valid ruling.

ATTY. ANDALES:
          I will just make an offer of the testimony of Atty. Villarin, Your Honor, that if allowed to testify he will testify that there were twenty-five (25) suspects in the missing of the Chiong sisters. That none of the accused were named therein, Your Honor. None- - there were cartographic sketch prepared by the members of the NBI, none of the accused fits of those cartographic sketch prepared by the NBI, Your Honor, please. So, there was no basis in filing the cases against the accused. Why? Because per list of suspects prepared by the NBI no names of the accused appeared therein.   See?

COURT:
          Alright, you appeal it to the highest court.

ATTY. ANDALES:
          Yes, we appeal, Your Honor please.

ATTY. HERMOSISIMA:
          Considering that this Honorable Court made already the ruling that the testimony of Villarin would be immaterial, we now move to strike the Comments- - 

COURT:
          No-- we will state it in the order today.

PAGE 46
COURT: (CONTINUATION)
/to the stenographer:
          O, ilagay mo diyan- (oh, put it there) Also at the hearing defense counsel Atty. Sisinio Andales inquired if subpoena was properly served on Atty. Florencio Villarin of the NBI or duly authorized representative- "to bring the report of their gathering of witnesses, evidences of the missing Chiong sisters last July 16, 1997"  and it appears that such subpoena was received by the NBI office last January 19, - 19 ba to? (is that the 19th?) Neither Atty. Villarin nor his authorized representative appeared in Court today. Whereupon, the prosecution questioned the relevance and the materiality of the evidence or testimonies and report of the NBI that Atty. Andales wants to present before this Court and the Court opined and ruled that such testimony and report of the NBI would be irrelevant and inmaterial to these cases because it was not the NBI that filed the indictment or information against the accused in these cases who choked them or singled them out for prosecution and not to charge the other suspects but it was the Office of the City Prosecutor of Cebu that prepared such informations or indictments against eight (8) accused in these cases including Rusia and therefore the NBI cannot be held or cannot be questioned about it, about the charging of the accused in these cases because they merely gathered the evidence and did not select who are to be indicted or accused in these two (2) cases. For which reason, the Court ruled that Atty. Villarin need not be subpoena anymore or need not be compelled to honor the subpoena of this Court because the said report is irrelevant and immaterial.
/to the defense counsels:
           You may appeal that ruling to the higher court.

ATTY. ANDALES:
          Yes, we will also indicate in the Order that we made an offer of the testimony of the witness Atty. Villarin despite the fact that there was denial - - -

COURT:
          It's your right.

PAGE 47
ATTY. ANDALES:
          Yes, that's our right.

COURT:
          You can include that in your Assignment of Errors. 

ATTY. ANDALES:
          We made an offer, Your Honor. 

COURT:
          Your assignment of errors.

ATTY. ANDALES:
          We made an offer - - -

COURT:
          Yes. But the Rule says the evidence must be relevant and material to the issues. And the Court rules it is irrelevant and immaterial it may not be admitted in evidence.

ATTY. ANDALES:
          Yes.

COURT:
          So, we are holding that these evidence is inadmissible in evidence for being irrelevant  and immaterial.    That's the point. 

ATTY. ANDALES:
          Maybe this is the purpose of the offer- -

COURT:
          Yong mga witnesses ninyo, (Your witnesses) the Court also know that their testimonies would be irrelevant and immaterial. Nevertheless, the Court admitted that that is what they would testify although not admitting that it is true.

PROS. GALANIDA:
          May I be allowed to say something Your Honor?

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