REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT National Capital Judicial Region Branch 01, Pasay City

CRIMINAL CASE No. 13-0125

People of the Philippines vs. Jan Michael S. dela Cruz and Richard ___ Rosales For: Robbery with Homicide December 4, 2013 (Wednesday) at 5:30 pm x----------------------------------------------------x

INITIAL PROSECUTION EVIDENCE

D: So now ms. Witness, taking together would it be accurate if I say that during the time that this incident happen, it was around 8-8:30 in the evening and then of course it was already evening and there was only a small light bulb inside the jeepney and then you were wearing your eye glasses and you also came from work LC: Yes Sir D: Ok. After the two people boarded the jeepney, would you happen to remember how long since from the time they boarded the jeepney until the time they declared the hold-up? Woud you remember how long LC: 5 minutes D: 5 minutes and then you also said that there was also no more traffic when they boarded the jeepney

LC: Yes sir D: So from around the Avida construction site until Menlo, it took the jeepney 5 minute to get there even without traffic? LC: Im not timing it D: Ah ok, no problem D: also you said a while ago that you make a brief description of the two people and you said that they are small, not that tall, and you said they have fair complexion, that they did not look like hold-uppers and that they were sickly looking. LC: Yes sir. D: May I ask miss witness, how were you able to determine their height when youre seated inside the jeepney. LC: Of course when they boarded I was looking at them D: So you were looking at them before they boarder the jeepney May I ask would that be a normal action of a person with her brother riding a jeepney in some place to observe other people when your brother was there, would that be normal activity? D: Let me rephrase. You said you were looking at the two people while they were boarding a jeepney LC: No I was not staring at them. Glance only D: Were you still looking at them while they were sitting at the jeepney LC: I look at them once in a while D: Alright so you were looking at them once in a while Also ms. Witness,

Your Honor I am asking permission to the Court if I could ask the witness to make an illustration of the seating arrangement of the passengers inside the jeepney J: Granted (Illustration must be In bond paper) (It will become an exhibit) (Witness raising the illustration) (Bulb at the ceiling at the center of the jeep) (Exhibit seating arrangement) (Exhibit 6 and 6-a)/(Exhibit Q & Q-1) D: with that illustration, I can see that youre pretty close to each other (please refer to the illustration for clarity), am I right? LC: Yes sir D: When they said Hold-up toh, bigay nyo sakin mga gamity nyo what did you do? LC: I shouted D: You shouted. Could you demonstrate to the Court the shout that you made during that time and try to replicate that shout as much as possible during that time that you , during the time of the incidents LC: I think I cannot shout with that intensity J: you demonstrate LC: Ah! (Shout) COC: The witness demonstrated the shout D: You said that the jeepney was moving when the two persons were hold-upping the jeepney

LC: Yes Sir D: Immediately after their declaration, you shouted like what you did a while ago LC: Yes D: So the jeepney was still moving, turned on and still making noise LC: Yes Sir D: When you shouted, what did the two persons do, if you may recall LC: the other person was pointing a knife at ____________, my brother was fighting back so he was trying to hold down my brother D: Who was trying to hold down your brother, was it the person beside him or the person on the other side? LC: The person on the other side D: during that commotion, do you still remember what the other passenger is doing LC: she was shouting as well D: when your brother was fighting one of the men and the other person was holding your brother down, what were you doing? LC: I was trying to stop my brother from fighting them D: So you were holding your brother from fighting back against the two persons with a knife and the other person trying to hold down your brother, is that correct? So in essence there were two of you trying to hold down your brother, you and the other person while the other one was ______ I guess LC: Yes D: Were you still shouting during that time? LC: Yes

D: Ok you still remember how one of the suspects was able to injure your brother in the neck? LC: Stab the neck D: Your Honor I would like to request permission if the witness could demonstrate how the person stab his brother? J: Granted (Demonstrating) D: So how was the stabbing motion was like this? (Demonstrating) LC: Stab and slash D: was it only with one motion? LC: continuous D: So continuous When he stab your brother in the neck, he immediately pulled the knife. Your Honor I would like to present evidence I would like to mark present this evidence PNP Crime Laboratory Summary Report autopsy of the victim including a picture of the supposed fatal wound where we can readily see that the wounds sustained of the victim was composed of probably two parts. This one here (showing to the court) Sir this contradict the statement of the witness that the stabbing was only with one motion Sir we would like to have this evidence marked J: ah so that is a prosecution evidence D: Yes your Honor J: Ok mark it

(Marking it as Exhibit &) D: So after the stabbing, do you still remember what happened next? LC: I remember the two barangay tanod approached the scene D: So you were still shouting when the first one stab your brother LC: Yes J: What time is it?

(SUSPENDED) J: Order. When the state was called for, initial prosecution evidence, both accused Jan Michael Dela Cruz and Richard Rosales, appeared with their counsel Atty. Agustus Banares. The prosecution represented by public prosecutor Faizah Linsag and complainant likewise appeared. Prosecution called to the witness stand its first witness the private complainant Laiza Cuartero whose testimony on direct was finally terminated. Defense counsel initially conducted his cross examination but for lack of material time, the cross examination is suspended and the same to continue on the next schedule hearing on December 11, 2013. The parties are notified of this order of the Court. So ordered.