Professional Documents
Culture Documents
July 5, 2012
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Clerk of Court
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Defense
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Clerk of Court
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Accused
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Accused
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Prosecution &
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: Marking of Exhibits
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Prosecution
We pray that the Information will be mark as Exhibit A
Mark it.
We pray that the Affidavit of Baldomero Monreal, Jr. will be mark as
Exhibit B
Mark it.
We pray that the Affidavit of Jade Salingay will be mark as Exhibit C
Mark it.
We pray that the Medico Legal issued by Benito Francisco Tubaces will be
mark as Exhibit D
Mark it.
We pray that the Medico Legal issued by Felicisimo Maghuyop will be
mark as Exhibit E
Mark it.
We pray that the Certification issued by Julius Ibaoc will be mark as
Exhibit F
Mark it.
Thats all, your Honor.
Show your documents to the Defense.
Does the Defense admit the genuiness and due execution of the
documents?
Yes, your Honor.
The Defense admits the genuiness and due execution of Exhibit A-F
Marking of Exhibits
Defense
We pray that the Counter-Affidavit of Norman Torregosa will be mark as
Exhibit 1
Mark it.
We pray that the Certification issued by Julius Ibaoc will be mark as
Exhibit 2
Mark it.
We pray that another Certification issued by Julius Ibaoc will be mark as
Exhibit 3
Mark it.
We pray that the Joint Counter-Affidavit of Christopher Ho and Ronald
Sayon will be mark as Exhibit 4
Mark it.
Is that all?
Yes, your Honor.
Show your documents to the Prosecution
Prosecution, Do you admit the genuiness and due execution of Exhibits 14of the Defense?
We admit the Genuiness and due execution of Exhibits 1-4 of the defense.
Witnesses for the Prosecution.
1. Baldomero R. Monreal, Jr.
Subayon, Bilar, Bohol
2. Jade Salingay
Subayon, Bilar, Bohol
3. Dr. Benito Francisco L. Tubaces V
Municipal Health Officer
4. Dr. Felicisimo T. Maghuyop
Medico-Legal Officer III
Cong. Simeon G. Toribio Memorial Hospital
5. Police Inspector Julius Ibaoc
Chief of Police
Bilar, Bohol
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Prosecution
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Prosecution &
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Prosecution &
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Yes.
Admitted.
Do you admit that Baldomero Monreal sustained a contusion at the back?
No.
Not admitted
Stipulations of Facts from the Defense
Do you admit that the accused is a neighbor of the complainants sister?
Yes. They are living in the same Barangay.
Admitted.
Do you admit there was a drinking session at Jade Salingay?
We do not admit
Not admitted
Do you admit that the Complainant and Jade Salingay had a quarrel
It is in our affidavit.
Do you admit that the complainant was drunk?
We do not admit.
Not admitted.
Do you admit that due to the quarrel, there was a loud noise asking for
help?
We do not admit.
Not admitted.
Do you admit that the accused approached the house of Jade Salingay.
We do not admit because it is a theory that they met at the plaza.
Not admitted.
Do you admit that the complainant saw Torregosa about to approach the
house?
We do not admit.
Not admitted
Do you admit that Torregosa held your complainants clothes to bring him
to the Barangay Outpost?
We do not admit.
Not admitted.
Do you admit that the Complainant had a previous police records regarding
alarm in scandal?
We do not admit
Not admitted
Do you admit that the house of Jade Salingay has a bamboo fence?
We do not admit.
Not admitted.
Do you admit that Ronald Sayon and Christopher Ho were in the house of
Jade Salingay?
We do not admit.
Not admitted.
Thats all your honor.
Court
Clerk of Court
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Prosecution
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Defense
Prosecution
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Prosecution
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Prosecution
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Prosecution
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Interpreter
Monreal
Prosecution
Monreal
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Monreal
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Monreal
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Monreal
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Monreal
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Monreal
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Monreal
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Monreal
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Mr. Witness, for the record, please state your name, status, job, and
residence.
I am Baldomero Monreal, Jr., 23 years old, jobless and a resident of
Subayon, Bilar, Bohol.
How long have you been staying at Subayon, Bilar
Since birth
How many years?
23 years
Where were you on April 13, 2011?
At Jades house
What were you doing?
Listening music from the FM radio
What is the purpose of going there?
To visit my sister and listen music
Who were there?
Brother,Bonifacio and 2 other friends of my sister
Have you executed an affidavit?
Yes.
Prosecution
Monreal
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Monreal
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Monreal
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CROSS-EXAMINATION
: Defense, ready for cross?
Court
: Yes. May I approach the witness?
Defense
: Proceed
Court
: Who were inside the house of Jade?
Defense
: Bonifacio and 2 other friends
Monreal
: Can you name the other 2 friends?
Defense
: Objection! It is not stated in the affidavit
Prosecution
: He testified. He may ask the name.
Court
: We withdraw!
Prosecution
: Witness may answer
Court
: I do not know their names, maybe my sister does.
Monreal
: What were they doing?
Defense
: When I arrived, they are just talking and I just turned the radio on.
Monreal
: You said that there was a verbal tussle with Jade; you added that there
Defense
was rising of voices? Do you think that the raising of voices was heard
by your neighbors?
: Objection! It is asking for the opinion
Prosecution
: Sustain!
Court
: Withdraw!
Prosecution
: How far is your sisters house to Torregosas?
Defense
: Around 200 meters
Monreal
: How far us 200 meter, estimate.
Defense
: From here to capitol
Monreal
: After the verbal tussle, you went to the plaza. What did you do?
Defense
: I did not do anything. I just left the house to cut off the verbal tussle, to
Monreal
my surprise Brgy. Captain was there.
: He was already there?
Defense
: No. We just encountered at the same way.
Monreal
: Is it correct that you saw the Brgy. Captain approaching you?
Defense
: Ive seen him in surprise. Adversarial approach.
Monreal
: You also alleged that he lifted your neck using a steel pipe
Defense
: Not purely lifted. After kicking my feet struck my back, I fell down.
Monreal
Thats all as far as I can recall
Defense
Monreal
Defense
Monreal
Defense
Monreal
Defense
Monreal
Defense
RECESS
Court
: You said in you affidavit that without any provocation lifted my neck
using a steel pipe and then kicked my feet and paddled my back using the
same object. Are you saying that this is not correct?
: It is correct.
: You said a while ago that not lifted with a steel pipe
: Term may be confusing. I was injured because of the steel pipe
: Just to put in the record, you were saying that not lifted your beck using a
steel pipe?
: I cannot exactly recall.
: Said a while ago, during the time of the attack, you were unemployed?
: Yes!
: Thats all
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: The witness is called to the witness stand
: You mentioned in your testimony that there were visitor in the house of
your sister. Whose friends?
: Sisters
: You dont have any idea who are those?
When I went there. They are already there. I dont have any idea.
Court
Clerk of Court
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Re-Cross
Madam witnesss, You suddenly got up and call your brother?
No. I called my brother to come back and I saw Brgy. Captain Torregosa
What else did you saw?
I saw Brgy. Capt. Toregosa murmuring at the plaza and saw that he was
attacking my brother
: When you saw the incident, was Brgy. Captain was already there?
: Yes.
: No further questions, Your Honor
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As what?
Resident Physician
What do you do as a Resident Physician?
I make Medico Legal
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: Mrs. Robles, you said that you did not see Norman Torregosa on April
13, 2011.
: Yes
: Did you see him hurting your son?
: No
: So, all you said is based on what youve heard?
: Yes.
: No more questions, your Honor.
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: Thats our last witness. Before we rest our case, we formally offer our
exhibits.
1. Complaint- for the purpose that there is a case filed.
2. Affidavit of Monreal, Exhibit B and all its sub-markings- To
prove that that the accused inflicted injuries upon the
complainant.
3. Affidavit of Jade Salingay- to prove that the incident happened in
the plaza
4. Medico-legal of Benito Francisco Tubaces, Exhibit D- to prove
that the accused sustained physical injuries.
5. Exhibit E and all its sib-markings- Corroborative evidence.
6. Exhibit F and all its sub-markings-certification issued by Julius
Ibaoc that there was an incident transpired.
7. Exhibit G and all its sub-markings-corroborative evidence
: The court admits Exhibits A-G to form part of the evidence of the
prosecution
: With that your Honor, we rest our case.
7
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Defense
our function.
What are your other functions?
In the Local Government code, a Barangay Captain can arrest in pursuance
in the peace and order, protection of life and property of our citizen.
What did you do when you see Baldomero Monreal at that time?
When I was about ot enter the premise of Jade. Baldomero was about to go
out. He was in a hurry in going out. There was no conversation between us.
He stumbled at the bamboo fence of Jade,
What happened next?
I was trying to help him get up, no intention to arrest him because my
information was not complete to arrest him. When I was about to help him,
he threw punches at me.
How did you know that he was drunk?
His behavior and I have knowledge that he had a drinking session.
How did you know that he had a drinking session?
I knew it early in the morning.
What did you do next?
I arrest him and bring him to tanod outpost.
Why will you bring him to tanod outpost?
I was sure that he committed an offense.
While you were holding Baldomero, did you kick him?
Leading!
Leading.
What happened next?
It was a simple way of arresting him. His sister approach me and asked me
not to arrest his brother because she does not want that his brother will be
imprison again and she said to consider the behavior of Baldomero that he
is a trouble maker when hes drunk.
When you heard Jade asking you not to arrest Baldomero.
Leading!
Leading.
Were you the Barangay Capatain at that time?
Yes.
Did you succeed in arresting Baldomero?
No, I took pity in Jade. I released Baldomero with an assurance that he will
not hurt anyone.
Out of Pity?
Yes.
What happened next?
After I released him, I went home and had lunch with my family.
Did you execute this affidavit?
Lay the basis.
Have you executed an affidavit?
Yes.
Is this the affidavit you executed?
Yes, Exactly the same.
Is this your signature?
Yes.
When you executed this affidavit, does anyone help you?
With the presence of my counsel, Atty. Maria Theresa Lim.
After the incident, how did you know that there is a case filed against you?
I was surprised, considering that I was performing my function as a
Barangay Captain. I could not remember any reason that he will file such
case because Baldomero and I are good neighbors.
I pray that the signature of Norman Torregosa will be mark as Exhibit 1-A
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Mark it!
No further questions.
Is the Prosecution ready to cross?
Yes. May I approach the witness?
Yes.
Good evening, Mr. Witness
Good evening.
You mentioned earlier that you heard Baldomero challenging everyone.
How did you know that Baldomero was challenging everyone?
Basically, I heard the vernacular language at that time.
When you said challenging, who are you referring?
There were noise, I presumed there are also other people inside. I heard
Jade crying asking for help so with her children.
So, it was all a presumption?
No, I personally heard other people inside the house of Jade.
The only person is Jade?
Jade and her children, there were friends of Jade in the premises, Ho and
Sayon.
How did you know that they are the friends of Jade?
They are all residing at Subayon, Bilar and ther are voters of Subayon,
Bilar.
You mentioned that he was intoxicated, how did you know?
Aside from the fact that he had a drinking spree, I could also tell by
hearing the voice of someone who is not normal.
So, you are all basing it by your conclusion because you have just heard his
voice?
Yes.
How did you know that there was a drinking spree?
As early in the morning. I saw Ho and Sayon bought a wine; there was a
store near our house. Baldomero is a habitual drinker of that wine, a
presumption that there was a drinking session.
Only a presumption?
Yes.
Could you remember what kind of wine?
Green pericofavorite drink of Baldomero.
You said that it was a presumption that ho & Sayon had a drinking session.
No, because they went immediately to the house of Jade. There is no more
imagination that they were in a drinking spree. Ho & Sayon are also our
witness, you can ask them.
Did you see Baldomero having a drinking spree of the said wine?
No.
No drinking spree transpired?
Objection! Trying to confuse the client.
You said that you heard that theres an asking of help?
I heard it when I put my child to sleep.
How certain are you that the voices you heard are the children of Jade?
No other children within our premises or neighborhood other than Jades.
Are the children of school age?
Objection! Irrelevant.
The court may allow the witness to answer.
Yes, 5 to 6 years old.
How did you know Baldomero is trying to escape?
I was about to enter at the backyard, I noticed Baldomero trying to escape.
How far are you from Baldomero when you notice him?
10-15 meters away.
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: When you arrived at the house of Jade, were there other people around
aside from Ho and Sayon?
: No.
: What did Sayon and Ho do when the saw you? They did not help?
: They trusted me as a Barangay captain, I believe that the believe that I can
handle the situation.
: They did not bother to help?
: No.
: Where did they stay?
: Objection!
: The witness may answer if he saw them. Did you see them?
: Yes.
: Where did they stay?
: Inside the premise of Jade.
: Thats all,
: Any re-direct?
: During the time when Baldomero fell, did you approach him?
: Yes.
: What can you observe when you were near him aside from being drunk?
: He was so wild, he was not in his sanity.
: Aside from his behavior, you think that he was drunk?
: I held his collar, I could smell his breath and he was positive of alcohol.
: That would be all.
: Any re-cross?
: None.
: The witness is excused.
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