Professional Documents
Culture Documents
Clerk of Court : People of the Philippines Vs. Samardi Undug and Ayben Amilhussin
Criminal Case No. 1648 for: Carnapping, Violation of Sec. 14, of R.A. No.
6539
This is for arraignment
Court : Appearances for Prosecution
: Atty. Abdulmar J. Sabdalani
Prosecutor
Court : Appearance for Defense
: Atty. Jessa Serrano
Defense Counsel
Court : Is the accused around?
Defense : The accused is around
Court : Arraign the accused.
Clerk of Court : People of the Philippines Vs. Samardi Undug and Ayben Amilhussin
Criminal Case No. 1648 for: Carnapping
That on or about the 19th day of March 2015, in the City of Zamboanga,
Philippines, and within the jurisdiction of this Honorable Court, the above-named
accused, with deliberate intent and without justifiable motive, having employed
force upon things, did then and there, willfully, unlawfully,and feloniously, took,
stole and carried away, with intent to gain, one (1) Mitsubishi Montero, colored
black, bearing plate number VIN 15, and registered to the name of Ms Mildred A.
Sambrano, under CR No. 9176018-5 and OR No. 784018034 with a value of One
Million and Five Hundred Thousand Pesos (Php 1, 500,000.00) without the
knowledge and consent of the said owner, and to his damage and prejudice to the
amount aforestated.
Contrary to law.
Mr. Witness, for the record, please state your name, status, job, and
residence.
Monreal : I am Baldomero Monreal, Jr., 23 years old, jobless and a resident of
Subayon, Bilar, Bohol.
Prosecution : How long have you been staying at Subayon, Bilar
Monreal : Since birth
Prosecution : How many years?
Monreal : 23 years
Prosecution : Where were you on April 13, 2011?
Monreal : At Jades house
Prosecution : What were you doing?
Monreal : Listening music from the FM radio
Prosecution : What is the purpose of going there?
Monreal : To visit my sister and listen music
Prosecution : Who were there?
Monreal : Brother,Bonifacio and 2 other friends of my sister
Prosecution : Have you executed an affidavit?
Monreal : Yes.
Prosecution : Showing this affidavit, marked as Exhibit B, Whos signature is this?
Monreal : Mine.
Prosecution : How is this affidavit related to you?
Monreal : Same affidavit I made.
Prosecution : We manifest that the witness identified the signature found in the
affidavit. We pray that this signature be mark as Exhibit B-1
Court : Mark it
Prosecution : To whom did you execute this affidavit?
Monreal : To Atty. Reagan Bolando
Monreal : Whose signature appearing in the affidavit?
Prosecution : His signature
Monreal : How did you know that this signature is his?
Prosecution : I was there when he affixed his signature
Monreal : We pray that the signature appearing above the name ofAtty. Bolando be
mark as Exhibit B-2
Prosecution : In Item No. 2, You have said that you have a verbal tussle with your
sister
Monreal : When my sister requested me to transfer the frequency of the raido, that
causes our verbal tussle
Prosecution : When your sister got angry, what was your action?
Monreal : I went out to stop the mode of argument or verbal tussle
Prosecution : Where did you go?
Monreal : I went to the plaza?
Prosecution : How far is your plaza?
Monreal : 30 meters
Prosecution : When you went out, who did you met?
Monreal : I was just surprised that Brgy. Captain Torregosa approached me
instantly and without provocation I was attacked.
Prosecution : Torregosa confronted you with a steel pipe?
Monreal : After kicking my feet he paddled my back with steel pipe/
Prosecution : What was your reaction when he paddled and kicked you?
Defense : Objection! The question is misleading.
Court : If it is alleged in the affidavit, the question is not misleading.
Prosecution : What was your reaction when he paddled and kicked you?
Monreal : I have no time to react, I immediately fell down,
Prosecution : How did you defend?
Monreal : I was not able to do so because he hit me first. I was injured.
Prosecution : After he kicked you, What else did he do?
Monreal : He shouted KIHA LANG MO KAY ATUBANGON MO BISAN
ASA!
Prosecution : What did you do with the steel pipe?
Monreal : As far as I could remember. I fell down and I could mo longer recall
Prosecution : Did he do something else?
Monreal : No more
Prosecution : After that incident, what happened?
Monreal : My sister & brother came to rescue and brought me to the municipal
health center
Prosecution : How long did you stay?
Monreal : For 30 mins.
Prosecution : After 30 mins, where did you go?
Monreal : My sister and brother brought me to the hospital of Carmen,Bohol
Prosecution : What did the physician say?
Monreal : The attending Physician, I should be admitted.
Prosecution : For how many days?
Defense : Objection! It was not alleged in the affidavit.
:
Prosecution : How many days?
Monreal : 7 days
Prosecution : After your confinement, what did the doctor advised you?
Monreal : To gain full recovery, I should take time to rest for 15-30 days.
Prosecution : How long?
Monreal : 15-30 days
Prosecution : How did you know the accused?
Monreal : I know him because he is our Brgy. Captain
Prosecution : If the accused is in the court, can you point him?
Monreal : That one!
Court : The Witness is pointing Norman Torregosa
Prosecution : How long is he a Brgy. Captain?
Monreal : For two terms
Prosecution : How are you related with the accused?
Defense : Objection! The Question is irrelevant
Court : Sustained!
Prosecution : We would like to ask how are they related to know if there is a conflict
between them/
Prosecution : Thats all for the Witness
CROSS-EXAMINATION
Court : Defense, ready for cross?
Defense : Yes. May I approach the witness?
Court : Proceed
Defense : Who were inside the house of Jade?
Monreal : Bonifacio and 2 other friends
Defense : Can you name the other 2 friends?
Prosecution : Objection! It is not stated in the affidavit
Court : He testified. He may ask the name.
Prosecution : We withdraw!
Court : Witness may answer
Monreal : I do not know their names, maybe my sister does.
Defense : What were they doing?
Monreal : When I arrived, they are just talking and I just turned the radio on.
Defense : You said that there was a verbal tussle with Jade; you added that there
was rising of voices? Do you think that the raising of voices was heard
by your neighbors?
Prosecution : Objection! It is asking for the opinion
Court : Sustain!
Prosecution : Withdraw!
Defense : How far is your sisters house to Torregosas?
Monreal : Around 200 meters
Defense : How far us 200 meter, estimate.
Monreal : From here to capitol
Defense : After the verbal tussle, you went to the plaza. What did you do?
Monreal : I did not do anything. I just left the house to cut off the verbal tussle, to
my surprise Brgy. Captain was there.
Defense : He was already there?
Monreal : No. We just encountered at the same way.
Defense : Is it correct that you saw the Brgy. Captain approaching you?
Monreal : Ive seen him in surprise. Adversarial approach.
Defense : You also alleged that he lifted your neck using a steel pipe
Monreal : Not purely lifted. After kicking my feet struck my back, I fell down.
Thats all as far as I can recall
Defense : 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?
Monreal : It is correct.
Defense : You said a while ago that not lifted with a steel pipe
Monreal : Term may be confusing. I was injured because of the steel pipe
Defense : Just to put in the record, you were saying that not lifted your beck using a
steel pipe?
Monreal : I cannot exactly recall.
Defense : Said a while ago, during the time of the attack, you were unemployed?
Monreal : Yes!
Defense : Thats all
RECESS :
Court : 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.
3
Court : Call the case
Clerk of Court : People of the Philippines Vs. Norman Torregosa
Criminal Case No. 2344 for: Less Serious Physical Injuries and Abuse of
Authority.
Court : Appearances of the Prosecution
Prosecution : Same Appearance
Atty. Reagan Bolando
Assistant Prosecutor
Atty. Jesrel Bolanio
2nd Assistant Prosecutor
Atty. Basilito Robles
Private Prosecutor
Court : Appearances of the Defense
Defense : Same Appearances
Atty. Harold Bayracal
Atty. Maria Theresa Lim
Atty. Michael Ligalig
Court : Is the accused present?
Prosecution : The accused is present
Court : Presentation for the 2nd witness
Prosecution : Jade Salingay
Court : Are you ready?
Prosecution : Yes.
Court : Call the witness
Prosecution : May we call Jade Salingay to stand in the witness stand
Court : Raise your right hand. Do you swear or affirm to tell the truth, the whole
Interpreter truth, and nothing but the truth?
State your personal circumstances.
Witness : I do. I am Jade Salingay, 33 years old, Married and resident of Barangay
Subayon, Bilar Bohol.
Prosecution : We offer the testimony of Jade Salingay to prove that the accused
inflicted the injury of the victim.
Court : Proceed
Prosecution : May I approach the witness?
Court : You may.
Prosecution : With regard with the Criminal Case No. 2344, Did you execute an
affidavit?
Witness : Yes
Prosecution : Showing to you an affidavit, what is the relation of this affidavit to you?
Witness : My affidavit
Prosecution : Above the name affiant, Jade Salingay, Whose name is this?
Witness : My name
Prosecution : Above the name Jade Salingay, whose signature is this?
Witness : My signature
Prosecution : We pray that the signature of Jade Salingay will be mark as Exhibit C-
1
Court : Mark it.
Prosecution : Before where did you execute this affidavit?
Witness : Atty. Reagan Bolando
Prosecution : Above the name of Atty. Reagan Bolando, There appears a signature.
Whose signature is this?
Witness : Signature of Atty. Reagan Bolando
Prosecution : We pray that the signature of Atty. Reagan Bolando will be mark as
Exhibit C-2
Court : Mark it.
Prosecution : Do you affirm and confirm the authenticity of this affidavit?
Witness : Yes
Prosecution : Where were you on April 13, 2011?
Witness : I was in my house.
Prosecution : Whats the address of your house?
Witness : Located at Barangay Subayon, Bilar, Bohol.
Prosecution : On the date mentioned, whi was with you?
Witness : My brother.
Defense : Objection! The Counsel is coaching
Court : Do not coach, Counsel
Prosecution : Tell us more about the verbal tussle that happened on April 13, 2011
Witness : That day we had a verbal tussle with my brother, Baldomero because he
did not grant my request to dial another station. The station that
announces the lotto result
Prosecution : Where did you brother go after the verbal tussle?
Witness : Went outside the house.
Prosecution : Where did he go?
Witness : Plaza
Prosecution : How far is the plaza from your house?
Witness : 30 meters.
Prosecution : Where were you when Baldomero went out?
Witness : Inside the house.
Prosecution : Where particularly?
Witness : Beside the window.
Prosecution : Why were you standing beside the window?
Witness : Im shouting at my brother to come back to the house.
Prosecution : While your brother is in the plaza, what did you saw?
Witness : I saw our Barangay Captain murmuring in the plaza and he attacked my
brother without any provocation.
Prosecution : Who is that Barangay Capatain?
Witness : Brgy. Capt. Norman Torregosa
Prosecution : How did you know that He was Brgy. Capt. Torregosa?
Witness : I saw him personally.
Prosecution : What else transpired on that incident?
Witness : I saw Brgy. Capt. Torregosa kicked the foot, paddled the back with a
steel pipe and lifted the neck of my brother.
Prosecution : What did your brother do?
Witness : My brother did not fight back.
Prosecution : What else happened?
Witness : I saw my brother bleeding.
Prosecution : Aside from the lifting, kicking, paddling, what else did you witnessed?
Witness : I heard Brgy. Capt. Torregosa saying KIHA LANG MO KAY
ATUBANGON MO BISAN ASA!
Prosecution : How did you able to hear those words?
Witness : Because Brgy. Capt. Torregosa was shouting or said it on a loud voice.
Prosecution : After your brother was kicked, paddled and lifted, where did Brgy. Capt.
Torregosa go?
Witness : Went to his way home.
Prosecution : During the incident, what did you do?
Witness : Nothing because I was shocked.
Prosecution : After the incident, what did you do?
Defense : Objection! The question was asked twice
Court : The first question was during and the second question was after.
Prosecution : After the incident, what did you do?
Witness : I called my brother to get inside my house
Prosecution : When you called your brother, where was Torregosa at that time?
Witness : I never seen him
Prosecution : Thats all
Court : Cross
Defense : We would like to have a recess.
Court : A minute/two.
Court : The court is in session. Silence is enjoined.
Interpreter
Court : Is the Defense ready?
Defense : Yes, May I approach the witness?
Court : Proceed
Defense : Good evening.
Witness : Good evening
Defense : Were there other people during the incident?
Witness : Yes
Defense : Before the verbal tussle, what were you doing?
Witness : Watching TV
Defense : Where is your TV located?
Witness : Sala.
Defense : Can you please narrate
Prosecution : Objection!
Court : Do not let the witness narrate.
Defense : What causes the verbal tussle?
Witness : I asked my brother to dial the radio to another station.
Defense : And your brother did not obey?
Witness : Yes.
Defense : How long was the verbal tussle?
Witness : Only a few minutes because my brother went out immediately.
Defense : What did you do immediately after the verbal tussle?
Witness : I was still in the sala.
Defense : What did you do?
Witness : Watching tv.
Defense : What was the TV show at that time?
Witness : I cant remember.
Defense : In your testimony, you said that your house is 30 meters away from the
plaza.
Witness : Yes.
Defense : Can you show the estimate of 30 meters?
Witness : Here to Bojols
Defense : You were saying that after the Verbal tussle, you were watching tv.
Witness : Yes.
Defense : Thats all.
Court : Re-direct
Prosecution : After the verbal tussle, what did you do?
Witness : Watching tv near the window
Prosecution : Can you illustrate the incident?
Witness : I was watching tv at that time when Baldomero went out the house. I
stood up and call my brother to get inside the house and I saw Brgy.
Capt. Torregosa
Prosecution : Thats all.
Court : Re-Cross
Defense : Madam witnesss, You suddenly got up and call your brother?
Witness : No. I called my brother to come back and I saw Brgy. Captain Torregosa
Defense : What else did you saw?
Witness : I saw Brgy. Capt. Toregosa murmuring at the plaza and saw that he was
attacking my brother
Defense : When you saw the incident, was Brgy. Captain was already there?
Witness : Yes.
Defense : No further questions, Your Honor
4
Court : Call the case
Clerk of Court : People of the Philippines Vs. Norman Torregosa
Criminal Case No. 2344 for: Less Serious Physical Injuries and Abuse of
Authority.
Court : Appearances of the Prosecution
Prosecution : Same Appearance
Atty. Reagan Bolando
Assistant Prosecutor
Atty. Jesrel Bolanio
2nd Assistant Prosecutor
Atty. Basilito Robles
Private Prosecutor
Court : Appearances of the Defense
Defense : Same Appearances
Atty. Harold Bayracal
Atty. Maria Theresa Lim
Atty. Michael Ligalig
Court : Who is your 3rd witness?
Prosecution : Our witness is Dr. Benito Francisco L. Tubaces V
Court : Call him to the witness stand
Prosecution : May we call Dr. Benito Francisco L. Tubaces V to stand in the witness
stand
Court : Raise your right hand. Do you swear or affirm to tell the truth, the whole
Interpreter truth, and nothing but the truth?
State your personal circumstances.
Witness : I am Dr. Benito Francisco L. Tubaces V, Single.
Court : Your witness is a doctor?
Prosecution : Yes
Court : State the purpose of presenting your witness
Prosecution : His testimony will affirm that the accused willfully, feloniously assult
Baldomero
5
Court : Call the case
Clerk of Court : People of the Philippines Vs. Norman Torregosa
Criminal Case No. 2344 for: Less Serious Physical Injuries and Abuse of
Authority.
Court : Appearances of the Prosecution
Prosecution : Same Appearance
Atty. Reagan Bolando
Assistant Prosecutor
Atty. Jesrel Bolanio
2nd Assistant Prosecutor
Atty. Basilito Robles
Private Prosecutor
Court : Appearances of the Defense
Defense : Same Appearances
Atty. Harold Bayracal
Atty. Maria Theresa Lim
Court : Presentation for the 4th and 5th witnesses?
Prosecution : Yes.
Court : Are you ready?
Prosecution : Yes.
Court : Call the witness
Prosecution : May we call Dr. Felicisimo Maghuyop to stand in the witness stand
Court : Raise your right hand. Do you swear or affirm to tell the truth, the whole
Interpreter truth, and nothing but the truth?
State your personal circumstances.
Witness : I do. I am Felicisimo Maghuyop, Medico-Legal Officer of Cong. Simeon
G. Toribio Memorial Hospital, Carmen Bohol.
Prosecution : We offer the testimony of Dr. Maghuyop as corroborative evidence to
formally testify the content of the medico-legal.
May I approach the witness?
Court : Proceed.
Prosecution : Dr. Maghuyop, what is your highest educational attainment?
Witness : I finished medicine.
Prosecution : In what school?
Witness : University of the East
Prosecution : What licensure did you take?
Witness : Licensure for the physician.
Prosecution : When did you took it?
Witness : 1988
Prosecution : After that. Did you have a formal training?
Witness : Resident Doctor at Gov. Celestino Gallares Memorial Hospital for 5
years
Prosecution : After that?
Witness : I was hired as a resident physician at Gov. Celestino Gallares Memorial
Hospital and transferred to Cong. Simeon G. Toribio Memorial Hospital,
Carmen Bohol.
Prosecution : As what?
Witness : Resident Physician
Prosecution : What do you do as a Resident Physician?
Witness : I make Medico Legal
Prosecution : What are your functions?
Witness : I conduct examinations for physical injuries. Attend court hearing for the
opinion in my medico legal.
Prosecution : How many years?
Witness : 14 years.
Prosecution : How many Medico legal have you executed?
Witness : More or less 50 cases.
Prosecution : Did you issue a medico legal on April 13, 2011 involving Baldomero
Monreal, Jr.?
Witness : Yes.
Prosecution : Showing to you a document, whose signature appears above the name of
Maghuyop?
Witness : My signature.
Prosecution : We pray that the signature above the name of Maghuyop will be mark as
Exhibit D-1
Court : Mark it
Prosecution : Why did you execute a medico legal?
Witness : Because the patient suffers injury and it is my duty to examine him and
execute a medico legal.
Prosecution : We pray your honor that he is qualified as an expert witness.
Prosecution : According to your report, the victim has contusion
Witness : Yes.
Prosecution : Can you describe the type of contusion?
Witness : The contusion is diagonal.
Prosecution : What has been caused?
Witness : Hit by a hard object.
Prosecution :
Witness : Located at the delicate part of the body near the spinal/
Prosecution : Thats all.
Court : Cross
Defense : Good Evening
Witness : Good Evening, Maam.
Defense : The contusion of the upper back of the victim would be caused by a hard
object?
Witness : Yes.
Defense : You cannot tell what kind of object?
Witness : Yes.
Defense : Is it also possible that the victim was not hit?
Witness : Based on my findings, it was caused by a hard object.
Defense : Thats all
Court : Any Re-direct?
Prosecution : No, Your Honor.
Court : Call your next withness
Prosecution : May we call PNP Chief Julius Ibaoc to stand in the witness stand
Court : Swear the Witness
Court : Raise your right hand. Do you swear or affirm to tell the truth, the whole
Interpreter truth, and nothing but the truth?
State your personal circumstances.
Witness : I Do. I am Julius Ibaoc PNP Chief of Police of Bilar Bohol
Prosecution : Our 5th witness is Julius Ibaoc. We offer the testimony of Julius Ibaoc
testify that there was an incident on April 13, 2011.
May I approach the witness?
Court : Proceed
Prosecution : How long are you in service?
Witness : 50 years.
Prosecution : How did you-----
Witness : Took & passed the exam.
Prosecution : When was that?
Witness : 1981
Prosecution : As of now, where are you assigned?
Witness : Bilar, Bohol
Prosecution : What is your position?
Witness : Chief of Police
Prosecution : As a chief of police, what are your duties and responsibilities?
Witness : I conduct investigation. I render services and assistance. I issue also a
certification of police blotter.
Prosecution : You mentioned that you issue a police blotter. Did you issue a police
blotter on April 13, 2011?
Witness : Yes.
Prosecution : Showing to you a document. How is this related to you.
Witness : The Certificate of Police Blotter that I issued.
Prosecution : Above the name Julius Ibaoc, Whose signature is this?
Witness : My signature
Prosecution : We pray that the signature above the name of Julius Ibaoc will be mark
as ExhibitF-1
Court : Mark it.
Prosecution : Do you confirm and affirm the validity of this document?
Witness : Yes.
Prosecution : Thats all, Your Honor.
Court : Cross
Defense : No cross, Your Honor.
6