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NARRATION

This case originated from the filing of complaint by the private complainant Medelita Gonzales
against respondent Angelina Gonzales for Parricide before the Office of the Prosecutor of
Bauang, La Union The 4th Assistant Provincial Pros. Jocelyn conducted Preliminary Investigation
and she found the respondent probably guilty of Parricide which was approved by the Provincial
Prosecutor of La Union and thereafter, the Information for Parricide was filed before the Court
and was raffled on the RTC, Branch 33, Bauang, La Union docketed as Crim. Case No. 8032
entitled People of the Philippines versus Angelina Gonzales. There is no bail recommended.
Malaya at kusang loob na salaysay ni MEDELITA GONZALES na kinuha ni PO3 ADLAI
JOSEPH CABADING dito sa loob siyasatan ng Bauang, La Union ganap na ika-8:30 ng umaga
petsa 14 ng Pebrero 2010.
X-----------------------------------------------------------------------------------------------------------------X
1. T:
Ano ang dahilan at ikaw ay narito sa himpilan ng Pulisya?
S:
Para magsampa ng demanda laban sa taong pumatay sa aking anak na si Xian
Miguel Gonzales.
02 T:
S:

Ano ang iyong pangalan, edad at iba pang impormasyon na may kinalaman sa
iyong pagkakakilanlan?
Ako si MEDELITA GONZALES, 45 taong gulang, may-asawa at nakatira sa
Brgy. Dili, Bauang, La Union.

03 T:
S:

May katibayan po ba kayo na talagang patay na ang inyong anak?


Meron po, ang kanyang death certificate.

04

T:
S:

Sino naman itong taong ayon sa iyo ay pumatay sa iyong anak?


Si ANGELINA GONZALES, 35 taong gulang, manugang ko at nakatira sa Brgy.
Dili, Bauang, La Union.

04

T:
S:

Kailan at saan naman nangyari itong sinasabi mong pagpatay sa iyong anak?
Noong Pebrero 13, 2010 sa bahay po nila saBrgy. Dili, Bauang, La Union.

05

T:
S:

Pano po ang ginawang pagpatay sa anak niyo?


Tinaga po siya sa leeg gamit ang panabas.

06

T:
S:

Matagal mo na bang kakilala itong si ANGELINA GONZALES?


Matagal na po, kasi kapitbahay namin sya at asawa ng aking anak. Kilala si
Angie sa pagiging selosa at matapang na babae sa Brgy. Dili, Bauang, La Union.

07

T:
S:

Maaari mo bang isalaysay sa akin ang pangyayari?


Noong araw ng February 13, 2010, bandang alas otso y medya ng gabi, narinig
po naming nag-aaway ang mag-asawa dahil sa lakas ng kanilang boses.
Nagsisigawan at nag-iiyakan po ang kanilang mga anak kaya minabuti namin ng
aking asawa na si Arnuld Gonzales na puntahan sila sa kanilang bahay.

08 T:
S:

Pagdating nyo sa kanilang bahay, ano ang nangyari?


Pagdating po nmin doon, nakita ko ang aking anak na si Xian Miguel na
nakahandusay sa sahig malapit sa kanilang banyo. Naliligo na po siya ng
kanyang sariling dugo. Nakita ko rin ang kanyang asawa, si Angie na hawak ang
panabas na ginamit sa pagpatay sa aking anak yakap yakap sya ng kanyang
mga anak na nag-iiyakan.

08

T:
S:

Ano po ang ginawa nyo pagkatapos?


Sinaklolohan ko ang aking anak at nagsisigaw ako na humingi ng tulong sa
aming kapitbahay. Nilapitan naman ng aking asawa si Angie na nakatulala na
noon at kinuha sa kanya ang panabas. Isinugod namin sa ITRMC ang aking
anak. Pagkalipas ng ilang saglit, dumating ang mga pulis sa kanilang bahay at
dinala na si Angie sa pulisya.

09 T:
S:

Ano po ang sumunod na pangyayari?


Pagdating sa ospital, sinabi ng doctor na tumingin sa aking anak na dead on
arrival po siya dahil sa dami ng dugo na nawala sa kanya. Tinanong din po ako
kung gusto naming iautopsy nila ang bangkay ng anak ko.
1

10 T:
S:

Pumayag po ba kayo na iautopsy ang bangkay ng anak niyo?


Opo. Pina-autopsy nmin ang bangkay ng anak ko.

11 T:
S:

May katibayan po ba kayo na inautopsy ang bangkay?


Opo, yung autopsy report na inissue sa amin.

12

Wala na akong itatanong pa, may gusto ka pa bang idagdag o baguhin sa iyong
salaysay?
Wala na po.

T:
S:

13

T:
S:

Handa mo bang lagdaan ang iyong salaysay bilang patunay na lahat ng iyong
sinabi ay pawang katotohanan lamang?
Opo.
MEDELITA GONZALES
Nagsalaysay

SUBSCRIBED AND SWORN TO before me this 14th day of February 2010 at Bauang,
La Union.
Malaya at kusang loob na salaysay ni ARNULD GONZALES na kinuha ni PO3 ADLAI JOSEPH
CABADING dito sa loob siyasatan ng Bauang, La Union ganap na ika-10:15 ng umaga petsa 14
ng Pebrero 2010 sa harap ng ilang saksi.
X--------------------------------------------------------------------------------------------------------X
1. T:
S:

Ano ang dahilan at ikaw ay narito sa himpilan ng Pulisya?


Para magbigay ng salaysay tungkol sa ginawang pagpatay sa aking anak na si
Xian Miguel Gonzales.

02 T:

Ano ang iyong pangalan, edad at ibang impormasyon na may kinalaman sa


iyong pagkakakilanlan?
Ako si ARNULD GONZALES, 50 taong gulang, may-asawa, at nakatira sa Brgy.
Dili, Bauang, La Union.

S:
03 T:
S:

Sino naman itong taong ayon sa iyo ay pumatay sa iyong anak?


Ang aking manugang na si ANGELINA GONZALES na nakatira sa Brgy. Dili,
Bauang, La Union.

04

T:
S:

Kailan at saan naman nangyari itong sinasabi mong pagpatay sa iyong anak?
Kagabi po, Pebrero 13, 2010, bandang alas otso y medya ng gabi sa kanilang
bahay sa Brgy. Dili, Bauang.

05

T:
S:

Maaari mo bang isalaysay sa akin ang buong pangyayari?


Kagabi po, Pebrero 13, 2011, narinig naming mag-asawa na nag-aaway sina
Xian Miguel at Angie sa kanilang bahay. Naririnig po nmin sila dahil
magkakapitbahay kami at sobrang lakas ng boses ng dalawa. Pagkatapos
narinig naming nagsisigawan ang aming mga apo at nag-iiyakan. Minabuti
naming puntahan sila sa kanilang bahay.

06

T:
S:

Ano po ang sumunod na pangyayari?


Pagdating namin sa bahay nila, naliligo na sa sariling dugo ang aking anak.
Sinaklolohan agad siya ng aking asawa. Nilapitan ko naman si Angie at kinuha
sa kanya ang panabas. Tulala noon si Angie yakap yakap ng kanyang mga anak.
Dinala si Xian Miguel sa ospital samantalang dinala ng mga remospondeng pulis
si Angie sa pulisya. Hindi na po umabot ng buhay ang aking anak, dead on
arrival po siya.

07 T:

Wala na akong itatanong sa iyo, may gusto ka pa bang idagdag o baguhin sa


iyong salaysay?
Wala na.

S:

08

T:
S:

Handa mo bang lagdaan ang iyong salaysay bilang patunay na lahat ng iyong
sinabi ay pawang katotohanan lamang?
Oo.
ARNULD GONZALES
Nagsalaysay

SUBSCRIBED AND SWORN TO before me this 14th day of February 2010 at San
Fernando City, La Union.

REPUBLIC OF THE PHILIPPINES


DEPARTMENT OF JUSTICE
NATIONAL PROSECUTION SERVICE
OFFICE OF THE PROVINCIAL PROSECUTOR
BAUANG, LA UNION
MEDELITA GONZALES
Complainant,
-versus-

I.S. NO. 08-169-LU-SF


FOR: PARRICIDE

ANGELINA GONZALES
Respondent,
X--------------------------------------X
RESOLUTION
Before this Office is a complaint against herein respondent for Parricide. The
respondent, under custody, never submitted her countervailing evidence. The case was
submitted for Resolution based on the evidence submitted by the complainant and her
witnesses.
Complainant, the mother of the victim, recounted that she and her husband, Arnuld
Gallardo heard sometime on the 13 th day of February, 2010 that her son and victim, Xian Miguel
Gonzales, and his wife, Angelina Gonzales had a heated argument at about 8:30 in the evening
of February 13, 2010. They also heard their grandchildren crying and asking for help which
prompted them to go to the house of the family. Upon arrival thereat, the spouses saw their son
Xian Miguel already lying on the floor, blood oozing from his neck while the wife Angelina
Gonzales was holding the scythe in local idioms tabas which she used in killing her husband
Complainant mother rushed his son to the hospital at ITRMC where he was declared
dead on arrival. The wife was taken by the police authorities who responded to the incident.
Based on the evidence presented, there is reasonable ground that the crime of Parricide
has been committed and that the accused is probably guilty thereof; and she should be held for
trial;
WHEREFORE, premises considered, the undersigned finds probable cause against the
respondent and it is hereby recommended that, upon approval of the Provincial Prosecutor, an
Information for Parricide under Art. 246 of the RPC be filed against Angelina Gonzales in the
Regional Trial Court of Bauang, La Union.
Bauang, La Union, March 2, 2010.
JOCELYN M. LARANANG
4th Assist. Provincial Prosecutor
Approved:
___________________
DANILO C. BUMACOD
Provincial Prosecutor
Copy furnished: ALL PARTIES

REPUBLIC OF THE PHILIPPINES


FIRST JUDICIAL REGION
REGIONAL TRIAL COURT
BRANCH ____
BAUANG, LA UNION
THE PEOPLE OF THE PHILIPPINES,
Plaintiff,
-versus-

CRIMINAL CASE NO. 8032


FOR: PARRICIDE

ANGELINA GONZALES,
Address: Brgy. Dili, Bauang,
La Union,
Accused,
X-------------------------------------------X
INFORMATION
The undersigned 4th Assistant Provincial Prosecutor accuses ANGELINA GONZALES y
TUDRAN of the crime of PARRICIDE under ART. 246 of the Revised Penal Code, committed as
follows:
That on or about 13th day of February 2010 in the municipality of Bauang, La Union,
Philippines, and within the jurisdiction of this Honorable Court, the above-named accused did
then and there wilfully, unlawfully and feloniously and with treachery kill his husband XIAN
MIGUEL GONZALES with whom she was united in lawful wedlock, and being then armed with
bladed instrument (scythe, in local idiom tabas), with intent to kill, hack his husband XIAN
MIGUEL GONZALES and as a result of which attack the said XIAN MIGUEL GONZALES
received a hacked wound on his right neck which directly caused instantaneous death.
CONTRARY TO LAW.
Bauang, La Union, March 4, 2010.
JOCELYN M. LARANANG
4th Assist. Provincial Prosecutor
Approved:
___________________
DANILO C. BUMACOD
Provincial Prosecutor
WITNESSES:
1. Medelita Gonzales
2. Arnuld Gonzales
3. OTHERS

Brgy. Dili, Bauang, La Union


-do-

NO BAIL RECOMMENDED
CERTIFICATION
I HEREBY CERTIFY THAT the requisite preliminary investigation was conducted
pursuant to law; and that on the basis of the Affidavit Complaint of complainant and witnesses
there is reasonable ground that the crime of Parricide under Art. 246 of the RPC has been
committed and that the accused is probably guilty thereof; and he should be held for trial; that
respondent was afforded due process of law.
JOCELYN M. LARANANG
4th Assist. Provincial Prosecutor
SUBSCRIBED AND SWORN TO before me this 4 th day of March 2010 at Bauang, La
Union.

REPUBLIC OF THE PHILIPPINES


FIRST JUDICIAL REGION
REGIONAL TRIAL COURT
BRANCH 33
BAUANG, LA UNION
THE PEOPLE OF THE PHILIPPINES,
Plaintiff,
-versusANGELINA GONZALES,
Address: Brgy. Dile, Bauang,
La Union,
Accused,
X-------------------------------------------X

CRIMINAL CASE NO. 8032


FOR: PARRICIDE

NOTICE OF HEARING
TO:

ANGELINA GONZALES = Provincial Jail, City of San Fernando, La Union


MEDELITA GONZALES = Brgy. Dili, Bauang, La Union
PROS. JOCELYN M. LARANANG = Prosecutors Office, Bauang, La Union
ATTY. DIANA DULAY = San Fernando City, La Union

GREETINGS:
Notice is hereby given that the above-entitled case has been set for ARRAIGNMENT on
March 8, 2010 at 8:30 oclock in the morning before this Court.
WITNESS the Honorable Lovella May Huliganga, Judge of this Court, this 5 th day of
March 2010, Bauang, La Union.
VICTORIA ORDOO
Branch Clerk of Court
SETTING 1:
ARRAIGNMENT
March 8, 2010
COC:

COURT
COC
COURT
PROS.
LARANANG
ATTY. DULAY
COURT

All rise.............
The Court is now in session, silence is hereby enjoined, Hon. Lovella May
Huliganga, Presiding.
PRAYER: Almighty God, we stand in your Holy Presence as our Supreme
Judge. We humbly beseech You to bless and inspire us so that what we
think, say and do will be in accordance with your will.
Enlighten our minds, strengthen our spirit, and fill our hearts with fraternal
love, wisdom, and understanding, so that we can be effective channels of
truth, justice and peace. In our proceedings today, guide us in the path of
righteousness for the fulfilment of Your greater glory. Amen
Call the cases.
Crim. Case No. 8032
People of the Philippines versus Angelina Gonzales
For Parricide under Art. 246 of the RPC for ARRAIGNMENT
Appearances?
For the Government, Your Honor, ready.
For the defense, ready Your Honor.
Is the accused present? Ready for arraignment?
5

ATTY. DULAY
COURT
SHERIFF
COC
ACCUSED
COC
ACCUSED
COC
COURT

Yes, Your Honor, ready


Okay, arraign the accused
(Assist the Accused)
What language/dialect do you understand?
English
Please raise your right hand. Read the Information.
After reading, ask accused if he understood and then ask his plea.
Not guilty
Your Honor, after having arraigned, the Accused pleaded NOT GUILTY to
the crime charged.
Order:
Upon arraignment, the accused was assisted by Atty. Diana Dulay entered
a plea Not Guilty. Set the Preliminary Conference to March 16, 2010 at 9:00
oclock in the morning.
So Ordered.

SETTING 2
REPUBLIC OF THE PHILIPPINES
FIRST JUDICIAL REGION
REGIONAL TRIAL COURT
BRANCH 33
BAUANG, LA UNION
THE PEOPLE OF THE PHILIPPINES,
Plaintiff,
-versusANGELINA GONZALES
Address: Brgy. Dili, Bauang,
La Union,

CRIMINAL CASE NO. 8032


FOR: PARRICIDE under ART. 246, RPC

Accused,
X-----------------------------------------------X
PRELIMINARY CONFERENCE
March 16, 2010
For the PROSECUTION:
Medelita Gonzales and
The People

For the DEFENSE:


Angelina Gonzales y Tudran

Assisted by:
Pros. Jocelyn M. Laranang

Assisted by:
Atty. Diana Dulay

COC:
PROS.
LARANANG
ATTY. DULAY
COC

Good morning Fiscal Laranang and Atty. Dulay. Are we ready for the
preliminary conference?
Yes, we are ready.
Ready, Maam.
What is your documentary evidence, Fiscal?

PROS.
LARANANG

The prosecution would like to present as documentary and object evidence


the following:
1. Exhibit A and A-1- the sworn statement of the complainant
Medelita Gonzales consisting of two pages;
2. Exh. A-2- the signature of Medelita Gonzales
3. Exh. B- the sworn statement of Arnuld Gonzales
4. Exh. B-1- signature of Arnuld Gonzales
5. Exh. C- the Autopsy Report dated February 13, 2010
6. Exh. D- the contract of marriage between Xian Miguel
Gonzales and Angelina Gonzales;
7. Exh.E- the Death Certificate of Xian Miguel Gonzales
8. Exh. F- scythe(tabas)(object evidence)

COC
ATTY. DULAY
COC
ATTY. DULAY

Any objection Atty. Dulay?


As to the purpose of markings only, maam.
How about the defense?
For the accused, we would like to present the following documentary
evidence as follows:
(c/o Atty. Dulay)
Any comment Fiscal Laranang?
For the purpose only of markings, Maam.

COC
PROS.
LARANANG
COC
PROS.
LARANANG
ATTY. DULAY
COC
PROS.
LARANANG
ATTY. DULAY
COC
PROS.
LARANANG

ATTY. DULAY
COC
ATTY. DULAY
PROS.
LARANANG
COC
PROS.
LARANANG
ATTY. DULAY
COC

Okay. How about your witnesses?


As to our witnesses, we have the victims mother, Medelita Gonzales, his
father, Arnuld Gonzales, Dra. Monette Balderas , Jean Marie Kesip, victims
sister and William Atiwag, victims bestfriend.
For the defense, we would like to present accused Angelina Gonzales, the
accuseds sister Athena Pimentel and their victims son, Alex Bandolin.
Is there possibility of settlement, counsels?
Very remote.
Not possible
Stipulation of facts?
The jurisdiction of the Court is admitted
The victim and the accused are legally married with three legitimate
children is admitted
The victim has a paramour is disputed.
The accused is a battered woman is disputed.
The victim died due to hacking is not admitted
Identity of the accused is admitted.
The weapon used is a scythe ( tabas) is not admitted.
Any more or other matters?
As for now, we have no more things to discuss.
Same here, we reserved to have additional witnesses and evidence during
the pre-trial conference, if there is any.
Okay counsels, when will be the pre-trial conference?
March 25, 2010
Okay, I am also available on that date.
Okay. March 25, 2010 is the pre-trial conference. Thank you, counsels.
Have a good day.

SETTING NO.3
PRE-TRIAL CONFERENCE
March 25, 2010
COC:

All rise.............
The Court is now in session, silence is hereby enjoined, Hon. Lovella May
Huliganga, Presiding.
7

COURT
COC
COURT
PROS.
LARANANG
ATTY.DULAY
PROS.
LARANANG
COURT
ATTY.DULAY
COURT

PRAYER
Call the cases
Crim. Case No. 8032
People of the Philippines versus Angelina Gonzales
For Parricide under Art. 246 of the RPC for PRETRIAL CONFERENCE
Appearances
For the Government, Your Honor, ready.
For the defense, ready Your Honor.
Your Honor, may we pray that the Minutes of the Preliminary Conference be
adopted as part of this Pre-Trial Conference?
Any objection, counsel?
No objection Your Honor. We conformed with the manifestation of the
Prosecutor, Your Honor.
Order, in todays Pre-Trial Conference, both the prosecution and the defense
agreed to adopt the minutes taken during the preliminary conference on March
16, 2010.Set this case for trial on April 1, 8, 15, 22 and 29, 2010. SO
ORDERED.

SETTING 4

COC:
COURT
COC

COURT
PROS
.
LARANANG
ATTY. DULAY
COC
INTERPRETER
MEDELITA
INTERPRETER
MEDELITA
INTERPRETER
PROS.
LARANANG

COURT
ATTY. DULAY
COURT
PROS.
LARANANG
MEDELITA
PROS.
LARANANG
MEDELITA
PROS.
LARANANG
MEDELITA
PROS.
LARANANG

1ST WITNESS FOR THE PROSECUTION


MEDELITA GONZALES
April 1, 2010
Direct examination of Medelita Gonzales
All rise.............
PRAYER
Call the cases
Crim. Case No. 8032
People of the Philippines versus Angelina Gonzales
For Parricide under Art. 246 of the RPC for the presentation of evidence by
the Prosecution.
Appearances?
For the government, Your Honor, we are ready to present our witness,
MEDELITA GONZALES.
For the defense, ready Your Honor.
On the witness stand.
(Swear in the witness )Raise your right hand. Do you swear to tell the truth
the whole truth and nothing but the truth?
Yes, Maam.
Please state your name, age and other personal circumstances.
MEDELITA GONZALES, 45 years old, married and a resident of Brgy. Dili,
Bauang, La Union.
Your witness, Fiscal.
We are offering the testimony of this witness Your Honor to prove the
material allegation in the criminal information; to identify the perpetrator who
causes the untimely death of his son Xian Miguel Gonzales and likewise to
identify some documents and to testify on other matters relative thereto,
Your Honor.
Any comment to the offer?
No comment, Your Honor.
You may proceed.
Are you the same MEDELITA GONZALES, the private complainant in this
case against one Angelina Gonzales?
Yes, Maam.
Madam witness, do you know a person by the name of Xian Miguel
Gonzales?
Yes, Maam
Why do you know this person, Madam witness?
He is my son, maam.
You said that he is your son, may we know where he is now?
8

MEDELITA
PROS.
LARANANG
MEDELITA
PROS.
LARANANG
MEDELITA
PROS.
LARANANG
MEDELITA
PROS.
LARANANG
COURT
PROS.
LARANANG
MEDELITA
PROS.
LARANANG
MEDELITA
INTERPRETER
PROS.
LARANANG
MEDELITA
PROS.
LARANANG
MEDELITA
PROS.
LARANANG
MEDELITA
PROS.
LARANANG
MEDELITA
PROS.
LARANANG
MEDELITA
PROS.
LARANANG
COURT
PROS.
LARANANG
MEDELITA
PROS.
LARANANG
MEDELITA
PROS.
LARANANG
MEDELITA
PROS.
LARANANG
MEDELITA
PROS.
LARANANG

He is already dead, Maam.


And when was that?
February 13, 2010 Maam.
Is there proof that he is really dead?
Yes, maam, his death certificate.
I am showing you this Death Certificate issued by the Civil Registrar of
Bauang, La Union indicating the name of deceased Xian Miguel Gonzales,
time of death 11 oclock in the evening of February 13, 2010, is this the
certificate youre referring to?
Yes, Maam this is my sons death certificate.
May we pray Your Honor that this Death Certificate be marked as Exh. E
as previously marked during the preliminary conference. We are adopting
the same marking Your Honor.
Mark it.
What is the reason or cause of death of your son, if you know?
He was hacked, Maam.
And who hacked him?
Angelina Gonzales, Maam. (point Angelina Gonzales)
The witness is pointing to a person wearing orange t-shirt, Your Honor, when
her name was asked; he answered ANGELINA GONZALES, Your Honor.
Are you sure that Angelina Gonzales, the accused in this case, who hacked
your son?
Yes, Maam.
How long do you know the accused, madam witness?
For a long time Maam. She is my neighbor in Brgy. Dili, Bauang, La Union
and my daughter-in-law.
You said that she is your daughter-in-law, to whom is she married?
To my son Xian Miguel Gonzales, Maam.
Do you have any proof that they are legally married?
Yes, Maam. Their married certificate.
Showing to you this marriage certificate, is this the one you are referring to?
Yes, maam.
Your Honor, this marriage certificate was previously marked during the
preliminary conference as Exh. D may we pray that the same marking be
adopted Your Honor.
Mark it.
You said you knew the accused for a long time, what are your observations
towards her, if there is any, madam witness?
I observed that Angelina is a very jealous woman and she easily loss her
temper.
How can you say that, Madam witness?
Every time Xian Miguel comes home late in the evening, she always nagged
him and keep on saying that he went out with another girl.
What does Xian Miguel do, if theres any?
Xian Miguel is not talking, Maam. He just let Angelina Gonzales keeps on
talking.
What else do you observed with Angelina?
One time in the morning, I saw Angelina whipping my youngest grandchild
because she got jealous when she saw Xian Miguel talking to a lady whom I
came to know as Xian Miguels workmate.
You said a while ago that the incident happened on February 13, 2010, what
is the time when you said that your son was hacked madam witness?
9

MEDELITA
PROS.
LARANANG
MEDELITA
PROS.
LARANANG
MEDELITA
PROS.
LARANANG
MEDELITA
PROS.
LARANANG
MEDELITA
PROS.
LARANANG
MEDELITA
PROS.
LARANANG
MEDELITA
PROS.
LARANANG
MEDELITA
PROS.
LARANANG
MEDELITA
PROS.
LARANANG
MEDELITA
PROS.
LARANANG
MEDELITA
PROS.
LARANANG
COURT
PROS.
LARANANG
MEDELITA
PROS.
LARANANG
MEDELITA
PROS.
LARANANG
MEDELITA
PROS.
LARANANG
MEDELITA
PROS.
LARANANG
MEDELITA
PROS.
LARANANG
MEDELITA
PROS.
LARANANG
MEDELITA
PROS.

8:30 in the evening Maam.


And where in particular did the incident took place?
At their house in Brgy. Dili, Maam.
What time is that again?
8:30 in the evening Maam.
How far is your house from their house?
Our house is just 20 steps away at the back of their house, Maam.
During that night of February 13, 2010, do you observed any unusual
incident that happened?
We heard that my son and the accused were fighting or having a heated
argument.
What did you do, if any?
We went there together with my husband to pacify the two.
Are you able to arrive at their house?
Yes, Maam.
Upon arriving thereat, what happened?
We saw that my son was already lying on the floor near their bathroom
Maam with blood oozing from his right neck.
What else did you see, if any?
The accused is holding the scythe tabas which she used in killing my son
Maam with fresh blood on it.
If that scythe will be shown to you, will you be able to identify it?
Yes maam.
I am showing you this scythe, is this the instrument you are referring to?
Yes, Maam. This is the one.
May we pray Your Honor that this object evidence be marked as Exh. F as
previously marked during the preliminary conference.
Mark it.
After you saw the incident, what transpired next?
I run to my sons body and asked help from our neigbors. My husband gets
hold of the accused and the scythe.
What else happened madam witness?
We rushed my son to the ITRMC but unfortunately, he was declared dead on
arrival. The accused was taken by the police authorities who responded to
the incident.
What else did you do, if theres any?
The doctor asked me if we wanted to conduct autopsy on the cadaver of my
son, maam.
Did you allow them to conduct autopsy?
Yes maam. The doctor conducted the autopsy.
After conducting the autopsy, what happened next?
The doctor issued us a certificate maam.
If that certificate be shown to you, will you be able to recognize it?
Yes, Maam.
Showing to you this Autopsy report dated February 15, 2010, is this same
certification you are saying?
Yes, maam, this is the certification.
Your Honor, this certification was previously marked as Exh. C during the
10

LARANANG
COURT
PROS.
LARANANG
MEDELITA
PROS.
LARANANG
MEDELITA
PROS.
LARANANG
MEDELITA
PROS.
LARANANG
MEDELITA
PROS.
LARANANG
MEDELITA
PROS.
LARANANG
COURT
PROS.
LARANANG
MEDELITA
PROS.
LARANANG
MEDELITA
PROS.
LARANANG
COURT.
ATTY.DULAY
ATTY.DULAY
MEDELITA
PROS.
LARANANG
ATTY.DULAY
COURT

preliminary conference, may we adopt the same marking Your Honor.


Mark it.
Madam witness, in relation to this case, do you remember having executed
or give your statement to any authority regarding this matter?
Yes, maam
In what particular agency?
PNP, Bauang Maam.
If that statement of yours previously given to the PNP Bauang will be shown
to you again, will you be able to identify the same?
Yes, Maam.
Madam witness, I have with me a Sworn Statement of Medelita Gonzales
allegedly taken or given to the PNP Bauang dated February 14, 2010, kindly
go over this document if this is the same document you are referring to?
This is the document maam.
On the second page, there is a signature over the name Medelita Gonzales,
whose signature is this?
My signature maam.
For purposes of identification, may I pray that the sworn statement of the
witness consisting of two (2) pages be marked as Exh. A and A-1 and the
signature as Exh A-2 Your Honor.
Mark them accordingly.
Because of the death of your son, what did you feel?
I felt bad, sir.
During that time, is your son still supporting you?
Yes, Maam because he is the one who have work. And we want that justice
will be served to him.
That would be all, Your Honor.
Cross?
Just a few questions Your Honor
CROSS-EXAMINATION BY ATTY. DIANA DULAY
Re-direct( if there is any)
Re-cross(if there is any)
Thank you. You are now excused.
ORDER
After the testimony of the private complainant, set the next hearing to April 8,
2010 at 9 oclock in the morning as previously scheduled.
The next witness is Arnuld Gonzales who is notified in open court.
SO ORDERED.

SETTING 5
2ND WITNESS FOR THE PROSECUTION
ARNULD GONZALES
April 8, 2010
COC:
COURT
COC

COURT

Direct examination of Arnuld Gonzales


All rise.............
PRAYER
Call the cases
Crim. Case No. 8032
People of the Philippines versus Angelina Gonzales
For Parricide under Art. 246 of the RPC for the presentation of evidence by
the Prosecution.
Appearances?
11

PROS
.
LARANANG
ATTY.
OCTAVIANO
ATTY. DULAY
COC
INTERPRETER
ARNULD
INTERPRETER
ARNULD
INTERPRETER
ATTY.
OCTAVIANO
COURT
ATTY. DULAY
COURT
ATTY.
OCTAVIANO
ARNULD
ATTY.
OCTAVIANO
ARNULD
ATTY.
OCTAVIANO
ARNULD
ATTY.
OCTAVIANO
ARNULD
ATTY.
OCTAVIANO
ARNULD
ATTY.
OCTAVIANO
ARNULD
ATTY.
OCTAVIANO
ARNULD
ATTY.
OCTAVIANO
ARNULD
ATTY.
OCTAVIANO
ARNULD
ATTY.
OCTAVIANO
ARNULD
ATTY.
OCTAVIANO
ARNULD
ATTY.
OCTAVIANO
ARNULD
ATTY.
OCTAVIANO

For the government, Your Honor, we are ready.


Appearing for the government as private prosecutor, under the direct
supervision and control of the Public Prosecutor, we are ready Your Honor.
For the defense, ready Your Honor.
On the witness stand.
(Swear in the witness )Raise your right hand. Do you swear to tell the truth
the whole truth and nothing but the truth?
Yes, Maam.
Please state your name, age and other personal circumstances.
ARNULD GONZALES, 50 years old, married and a resident of Brgy. Dili,
Bauang, La Union.
Your witness, Atty.
We are offering the testimony of this witness Your Honor to corroborate the
testimony of Medelita Gonzales about the material allegation in the criminal
information and to identify some documents and to testify on other matters
relative thereto, Your Honor.
Any comment to the offer?
No comment, Your Honor.
You may proceed.
Mr. Witness, do you know a person Xian Miguel Gonzales?
Yes, Maam.
Why do you know this person, Mr. witness?
He is my son, maam.
You said that he is your son; may we know where he is now?
He is already dead, Maam.
And when was that?
February 13, 2010 Maam.
What is the reason or cause of death of your son, if you know?
He was hacked, Maam.
And who hacked him?
Angelina Gonzales, Maam.
During that night of February 13, 2010, do you observed any unusual
incident that happened?
We heard that my son and the accused were fighting or having a heated
argument.
What did you do, if any?
We went there together with my wife to pacify the two.
Upon arriving thereat, what happened?
We saw that my son was already lying on the floor near their bathroom
Maam with blood oozing from his right neck.
What else did you do, if any?
The accused is holding the scythe tabas which she used in killing my son
Maam with fresh blood on it.
After you saw the incident, what transpired next?
I got hold of the accused and the scythe Maam.
What happened next, Mr. witness?
We rushed my son to the ITRMC but unfortunately, he was declared dead on
arrival. The accused was taken by the police authorities who responded to
the incident.
Mr. witness, in relation to this case, do you remember having executed or
give your statement to any authority regarding this matter?
12

ARNULD
ATTY.
OCTAVIANO
ARNULD
ATTY.
OCTAVIANO
ARNULD
ATTY.
OCTAVIANO
ARNULD
ATTY.
OCTAVIANO
ARNULD
ATTY.
OCTAVIANO
COURT
ATTY.
OCTAVIANO
COURT.
ATTY.DULAY
ATTY.DULAY
ARNULD
ATTY.
OCTAVIANO
ATTY.DULAY
COURT

Yes, maam
In what particular agency?
PNP, Bauang Maam.
If that statement of yours previously given to the PNP Bauang will be shown
to you again, will you be able to identify the same?
Yes, Maam.
Madam witness, I have with me a Sworn Statement of Arnuld Gonzales
allegedly taken or given to the PNP Bauang dated February 14, 2010, kindly
go over this document if this is the same document you are referring to?
This is the document maam.
On the second page, there is a signature over the name Arnuld Gonzales,
whose signature is this?
My signature maam.
May I pray that the sworn statement of the witness consisting of two (2)
pages be marked as Exh. B and B-1 and the signature as Exh B-2 Your
Honor.
Mark them accordingly.
That would be all, Your Honor.
Cross?
Just a few questions, Your Honor
CROSS-EXAMINATION BY ATTY. DIANA DULAY
Re-direct( if there is any)
Re-cross(if there is any)
Thank you. You are now excused.
ORDER
After the testimony of the witness Arnuld Gonzales, set the next hearing to
April 15, 2010 at 9 oclock in the morning as previously scheduled.
The next witness is Jean Marie Gonzales who is notified in open court.
SO ORDERED.

SETTING 6
3RD WITNESS FOR THE PROSECUTION
JEAN MARIE GONZALES
April 15, 2010
COC:
COURT
COC

PROS .
LARANANG
ATTY.
OCTAVIANO
ATTY. DULAY
INTERPRETER
JEAN

Direct examination of Jean Marie Gonzales


All rise.............
PRAYER
Call the cases
Crim. Case No. 8032
People of the Philippines versus Angelina Gonzales
For Parricide under Art. 246 of the RPC for the presentation of evidence by
the Prosecution.
For the government, Your Honor, we are ready.

INTERPRETER

Appearing for the government as private prosecutor, under the direct


supervision and control of the Public Prosecutor, we are ready Your Honor.
For the defense, ready Your Honor.
To the witness stand. State your name and other personal circumstances
I am Jean Marie L. Gonzales, 40 years old and a resident of Brgy. Dili,
Bauang, La Union.
Your witness, Fiscal.

PROS.

We are offering the testimony of this witness Your Honor to corroborate the
13

LARANANG

testimony of Medelita Gonzales about the material allegation in the criminal


information and to testify regarding the characteristics/behaviour of the
accused and to testify on other matters relative thereto, Your Honor. May I
proceed, Your Honor?

COURT
PROS.
LARANANG
JEAN
PROS.
LARANANG
JEAN
PROS.
LARANANG
JEAN
PROS.
LARANANG
JEAN
PROS.
LARANANG
JEAN
PROS.
LARANANG
JEAN
PROS.
LARANANG
JEAN

Proceed.
Do you know a person by the name Xian Miguel Gonzales?

PROS.
LARANANG
JEAN
INTERPRETER
PROS.
LARANANG
JEAN
PROS.
LARANANG
JEAN
PROS.
LARANANG
JEAN
PROS.
LARANANG
JEAN
PROS.
LARANANG
JEAN
PROS.
LARANANG
JEAN
PROS.
LARANANG
JEAN
PROS.
LARANANG
JEAN
PROS.
LARANANG
JEAN

Yes,
Why do you know him?
Because he is my brother
Where is he now?
He is already dead
When did he die?
February 13, 2010
What is the cause of death, if you know?
He was hacked to death by Angelina Gonzales
Who is this Angelina Gonzales?
The wife of my brother
For how long do you know this Angelina Gonzales?
Long time ago Maam because we are neighbours and she is my sister-inlaw.
Being your sister-in-law, how do you describe her?
A very jealous woman and self-conceited. She wanted that my brother will
be under saya and everything she wants will be given to her.
Interpret the word under the saya
How do you know that it was Angelina Gonzales who stabbed your brother?
Because I witnessed what she did to my brother
When was that madam witness?
February 13, 2010 at around 8:30 in the evening.
Anyway madam witness, where do you reside?
Brgy. Dili, Bauang, La Union.
So you live with the same barangay with this Angelina Gonzales?
Yes maam
How far is your house from the house of Angelina Gonzales?
Very near maam because my house is located just beside their house
Now, you mentioned a while ago that you witnessed that Angelina hacked
your brother, is it not?
Yes maam
Why madam witness, where were you at that time?
I was outside their house and the window of their house is still open thats
why I was able to see them.
Why are you there?
Because I went to their house when I heard that my brother and Angelina
were quarrelling in order to pacify them.
Do you know the reason why are they quarrelling
Because Angelina confronted my brother regarding text messages which
she read from my brothers cellphone
14

PROS.
LARANANG
JEAN
PROS.
LARANANG
JEAN
PROS.
LARANANG
JEAN
PROS.
LARANANG
JEAN
PROS.
LARANANG
JEAN
PROS.
LARANANG
COURT
ATTY. DULAY
COURT
PROS.
LARANANG

How did Angelina killed your brother?


By the use of a tabas scythe.
In what part of the body did Angelina hacked your brother?
At the right part of his neck
Do you know what is your brother doing at that time?
He just came out from the bathroom where he took a bath that is the time
Angelina Gonzales hacked him from the back.
What did you do, if any?
I immediately went inside their house and that our parents also came over to
their house.
What else transpired, if theres any?
We rushed my brother to the hospital but he was declared dead on arrival.
That would be all, Your Honor.
Cross?
Yes, Your Honor, may I proceed?
Proceed.
CROSS-EXAMINATION BY ATTY. DULAY
Re-direct( if there is any)

ATTY.DULAY

Re-cross(if there is any)

COURT

Thank you. You are now excused.


ORDER
After the testimony of the witness Jean Marie Gonzales, set the next hearing
to April 22, 2010 at 9 oclock in the morning as previously scheduled.
The next witness is William Atiwag who is notified in open court.
SO ORDERED.

SETTING 7
4TH WITNESS FOR THE PROSECUTION
WILLIAM ATIWAG
April 22, 2010

COC:
COURT
COC

PROS .
LARANANG
ATTY.
OCTAVIANO
ATTY. DULAY
INTERPRETER
WILLIAM
INTERPRETER

Direct examination of William Atiwag


All rise.............
PRAYER
Call the cases
Crim. Case No. 8032
People of the Philippines versus Angelina Gonzales
For Parricide under Art. 246 of the RPC for the presentation of evidence by
the Prosecution.
For the government, Your Honor, we are ready.
Appearing for the government as private prosecutor, under the direct
supervision and control of the Public Prosecutor, we are ready Your Honor.
For the defense, ready Your Honor.
To the witness stand. State your name and other personal circumstances
I am William Atiwag, 40 years old and a resident of Brgy. Dili, Bauang, La
Union.
Your witness, Fiscal.
15

ATTY.
OCTAVIANO

We are offering the testimony of this witness Your Honor to testify that he is
a workmate and best friend of the accused and to testify on other matters
relative thereto. May I proceed, Your Honor?

COURT

Proceed.

ATTY.
OCTAVIANO
WILLIAM
ATTY.
OCTAVIANO
WILLIAM
ATTY.
OCTAVIANO
WILLIAM
ATTY.
OCTAVIANO
WILLIAM
ATTY.
OCTAVIANO
WILLIAM
ATTY.
OCTAVIANO
WILLIAM
ATTY.
OCTAVIANO
WILLIAM

Do you know a person by the name Xian Miguel Gonzales?

ATTY.
OCTAVIANO
WILLIAM
ATTY.
OCTAVIANO
WILLIAM
ATTY.
OCTAVIANO
WILLIAM
ATTY.
OCTAVIANO
WILLIAM
ATTY.
OCTAVIANO
WILLIAM

Yes,
Why do you know him?
Because he is my workmate and my best friend.
Where is he now?
He is already dead.
When did he die?
February 13, 2010
What is the cause of death, if you know?
He was hacked by Angelina Gonzales
Who is this Angelina Gonzales?
The wife of my best friend Xian Miguel
For how long do you know this Angelina Gonzales?
Long time ago, Maam because I used to visit them in their house especially
if there are special occasions being also the ninong(godfather) of their
youngest child.
How do you describe Angelina Gonzales?
A very jealous woman. Every time I went to their house, she was always
asking if Xian Miguel is having an affair with our female workmates or to
some other girls.
What is you response to her queries, if theres any?
I said Xian Miguel is a good man and head of the family. He always looks
toward the welfare of the family.
How did she react on that?
She does not believe it Maam. She said that his husband is having an affair
with another woman. And she also said that he will kill them if she was able
to prove that indeed Xian Miguel is keeping a mistress.
Do you confide this matter to Xian Miguel?
Yes, Maam.
What did Xian Miguel said, if theres any?
He confided to me maam that he was already losing her love and respect to
her wife because of her constant nagging and unreasonable jealousy.
Nasasakal na ako pare, ayoko na.

INTERPRETER

Interpret Nasasakal na ako pare, ayoko na.

ATTY.
OCTAVIANO
WILLIAM
ATTY.
OCTAVIANO
WILLIAM

What did you say if theres any?

INTERPRETER

I advice him to widen his understanding for the sake of their three children.
Did he heed to your advice.
Yes, Maam. She said, sige pare tiisin ko na lang si Angelina, kawawa
naman ang mga bata. Mahal na mahal ko sila.
Interpret sige pare tiisin ko na lang si Angelina, kawawa naman ang mga
bata. Mahal na mahal ko sila..
16

ATTY.
OCTAVIANO
WILLIAM
ATTY.
OCTAVIANO
COURT
ATTY. DULAY
COURT
ATTY.
OCTAVIANO

After that, what happened next?


We went home already Maam.
That would be all, Your Honor
Cross?
Yes, Your Honor, may I proceed?
Proceed.
CROSS-EXAMINATION BY ATTY. DULAY
Re-direct( if there is any)

ATTY.DULAY

Re-cross(if there is any)

COURT

Thank you. You are now excused.


ORDER
After the testimony of the witness William Atiwag, set the next hearing to
April 29, 2010 at 9 oclock in the morning as previously scheduled.
The last witness of the prosecution is Dr. Monette Balderas. Send subpoena
to Dr. Balderas of the ITRMC to appear before this Court on the scheduled
hearing.
SO ORDERED.

SETTING 8

COC:
COURT
COC

PROS .
LARANANG
ATTY.
OCTAVIANO
ATTY. DULAY
INTERPRETER
DR. BALDERAS
INTERPRETER

5TH WITNESS FOR THE PROSECUTION


DR. MONETTE BALDERAS
April 29, 2010
Direct examination of Dr. Monette Balderas
All rise.............
PRAYER
Call the cases
Crim. Case No. 8032
People of the Philippines versus Angelina Gonzales
For Parricide under Art. 246 of the RPC for the presentation of evidence by
the Prosecution.
For the government, Your Honor, we are ready.
Appearing for the government as private prosecutor, under the direct
supervision and control of the Public Prosecutor, we are ready Your Honor.
For the defense, ready Your Honor.
To the witness stand. State your name and other personal circumstances
I am Dr. Monette Balderas, 33 years old, single, a resident of City of San
Fernando, La Union and am presently the Medico-legal officer of the NBI-La
Union.
Your witness, Fiscal.

PROS .
LARANANG

Your Honor, the purpose of this witness is he will identify the death
certificate, the autopsy report, the certificate of post mortem examination,
Your Honor. He will testify on the cause of death as well as the wounds and
injuries of the victim, Your Honor, and to his qualification, Your Honor.

ATTY. DULAY

We will admit the qualification of the doctor, Your Honor.

PROS.
LARANANG

So he will directly testify on the cause of death and injuries, Your Honor.
May I proceed, Your Honor.

COURT

Proceed

PROS.

Doctor, you were subpoenaed to come and testify on the post mortem
17

LARANANG

findings and the cause of death of Xian Miguel Gonzales, did you bring the
records with regards to the death of Xian Miguel Gonzales?

DR. BALDERAS

Yes, Maam.

PROS.
LARANANG

Do you have it with you now, Doctor?

DR. BALDERAS

Yes Maam. (witness handing to counsel the original of post mortem


examination already marked as Exhibit C and the certificate of post
mortem examination as Exhibit C-1.

PROS.
LARANANG

Doctor, in the post mortem findings it is written here pallor, generalized, what
does this mean, Doctor?

DR. BALDERAS

Pallor refers to the color of the skin and it is described and generalized.
Meaning the whole body appears to be pale, maam.

PROS.
LARANANG

How many injuries did you find in the body of Xian Miguel, Doctor?

DR. BALDERAS

There were actually two (2) physical injuries, Maam.

PROS.
LARANANG

What parts of his body, Doctor?

DR. BALDERAS

There was a hematoma particularly on the right side of the head,

PROS.
LARANANG

Particularly, what part of the head, Doctor?

DR. BALDERAS

The area parietal, ---- (witness pointing to the upper right portion of his head)

PROS.
LARANANG

And the second injury, Doctor?

DR. BALDERAS

There was also a lacerated wound at his neck.

PROS.
LARANANG

What is the trajectory of that wound, Doctor?

DR. BALDERAS

The stab was directed backward, downward and medically in this manner
_____ (witness demonstrating with his hand coming upward going
downward towards the direction of the right neck).

PROS.
LARANANG

What is the depth of that injury, Doctor?

DR. BALDERAS

The approximate deep is 6.0 cms.

PROS.
LARANANG

From the outside skin?

DR. BALDERAS

Yes, Maam.

PROS.
LARANANG

How forceful or what could have been the possible force, Doctor?

DR. BALDERAS

It was forceful enough to penetrate the thorasic and pericardial cavities and
caused the penetrating injury to the throat, maam

PROS.
LARANANG

What could have been the possible positions of the assailant, as well as the
victim, with that kind of injury, Doctor?

DR. BALDERAS

It is highly possible that they the assailant is at the back of the victim,

18

Maam.
PROS.
LARANANG

Standing or sitting down, Doctor?

DR. BALDERAS

They could be standing but the thing is the trajection was directed downward
so the assailant could have lifted her arm in stabbing the victim,

PROS.
LARANANG

Going now to the injury on the head, Doctor, what could have been the
possible cause or causes of this kind of injury, Doctor?

DR. BALDERAS

The hematoma or lacerated wound could have been caused by blunt or hard
object,

PROS.
LARANANG

I am showing to you a tabas marked as Exhibit F for prosecution, Doctor,


that when the victim was hit by this tabas that injuries were caused?

DR. BALDERAS

Yes Maam. The tabas being a hard object it could qualify as something
which may have caused the hematoma in the lacerated wound.

PROS.
LARANANG

Doctor, I am going back to the fatal injury that was on the right neck, after
sustaining that injury could there be an instantaneous death of the victim?

DR. BALDERAS

It could be a few minutes before he dies so I would say that it was


instantaneous, Maam

PROS.
LARANANG

That would be all, Your Honor.

COURT

Cross?

ATTY. DULAY

Yes, Your Honor

COURT

Proceed.
CROSS EXAMINATION BY ATTY. DULAY

ATTY. DULAY
PROS.
LARANANG

Redirect (if theres any)

ATTY. DULAY

Re-cross(if there is any)

PROS.
LARANANG
COURT
PROS.
LARANANG

Your Honor, I have no more witness to present. I would like to make now our
formal offer of evidence.
Okay. Proceed.
Your Honor, I respectfully offer our evidence as follows:
1. Exhibit A and A-1- the sworn statement of the complainant
Medelita Gonzales consisting of two pages and its purpose to
prove the material allegation in the criminal complaint;
2. Exh. A-2- the signature of Medelita Gonzales
3. Exh. B- the sworn statement of Arnuld Gonzales and its
purpose to corroborate the allegations of the witness Medelita
Gonzales
4. Exh. B-1- signature of Arnuld Gonzales
5. Exh. C and C-1- the Autopsy Report dated February 13,
2010. As part of the testimony of Dr. Balderas, to prove the
cause of death of Xian Miguel Gonzales and the fatality of the
wounds inflicted on him (Xian Miguel) which causes his
instantaneous death.
6. Exh. D- the contract of marriage between Xian Miguel
Gonzales and Angelina Gonzales to prove that they are
legally married;
7. Exh.E- the Death Certificate of Xian Miguel Gonzales to
19

prove the death of the victim as part of the testimony of


Medelita Gonzales that her son died and the cause of death
was due to the stab wound on his right neck inflicted by the
accused.
8. Exh. F- scythe(tabas)(object evidence) to prove that this is
the instrument used in the killing of the victim. As part of the
testimony of Medelita Gonzales, to prove that the accused
had the intent to kill Xian Miguel.
With all the foregoing documentary exhibits in addition to the oral
testimonies of Medelita Gonzales, Arnuld Gonzales, Dr. Balderas, William
Atiwag and Jean Marie Gonzales, the prosecution hereby respectfully rest
their case.
Respectfully submitted.
COURT
ATTY. DULAY
PROS.
LARANANG
COURT

Any objection Atty. Dulay?


No objection, Your Honor. But I will be submitting our Motion with Leave of
Court to File Demurrer to Evidence, Your Honor.
We vehemently object to that, Your Honor. The prosecution was able to
discharge its burden of proof that the accused is guilty beyond reasonable
doubt. It is the turn of the defense to overturn the evidence that has been
presented, Your Honor.
Okay. The Motion to File Demurrer to Evidence is hereby Denied. It is now
the turn of the defense to present their own evidence.
ORDER:
Atty. Jocelyn M. Laranang manifested that she has no more witness to
present. She offered in evidence Exhibits A to F and sub-markings. All
exhibits are admitted without objection on the part of the defense.
Atty. Dulay manifested to file their Motion to File Demurrer to Evidence, but
the same is Denied for lack of merit. Set the presentation of evidence by the
defense on the next hearing which is set on May 6, 2010 at 9 oclock in the
morning.
SO ORDERED.

SETTING 9
1st WITNESS FOR THE DEFENSE
ANGELINA GONZALES
May 6, 2010
COC:
COURT
COC

COURT
PROS
. LARANANG
ATTY. OCTAVIANO
ATTY. DULAY
COC
INTERPRETER
ANGIE

All rise.............
PRAYER
Call the cases
Crim. Case No. 8032
People of the Philippines versus Angelina Gonzales
For Parricide under Art. 246 of the RPC for the presentation of
evidence by the Defense
Appearances?
For the government, Your Honor, we are ready.
For the government under the supervision and control of the Public
Prosecutor, ready, Your Honor.
For the defense, ready Your Honor. May we call to the witness
stand Angelina Gonzales.
On the witness stand.
(Swear in the witness )Raise your right hand. Do you swear to tell
the truth the whole truth and nothing but the truth?
Yes, Maam.
20

INTERPRETER
ANGIE
INTERPRETER
ATTY. DULAY
COURT
PROS. LARANANG
COURT
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY

Please state your name, age and other personal circumstances.


ANGELINA GONZALES, 35 years old, married and a resident of
Brgy. Dili, Bauang, La Union.
Your witness, Atty.Dulay
We are offering the testimony of the witness to refute all the
charges or allegations of the private complainant as well as to
testify and prove that she is a good mother and a battered wife.
Any comment to the offer?
No comment, Your Honor.
You may proceed.
Madam witness, what is your legal status right now?
Widow Maam.
But are you married before?
Yes, maam.
To whom?
Xian Miguel Gonzales, maam.
Where is he now, madam witness?
He is already dead, Maam.
Do you know that the killing of your husband has been charged
against you?
Yes, Maam.
Do you admit that you killed him?
No Maam, I just defended myself from him.
How long have you been married with Xian Miguel Gonzales?
For almost 10 years already Maam.
How many children do you have, if any?
We have three children Maam.
Are you a full-time mother?
Yes Maam
Do you have any income-generating activities to augment the
family income?/What work do you do?
Im a plain housewife maam. I look after our children and take care
of them and household management.
Have you ever cheated on your husband?
No
Do you obey commands or requests from your husband?
Yes
How often?
Most of the time
Have you been spending more than the needed expenditures in
the household?
No
Do you give time for yourself so that you shall stay charming and
beautiful?
Yes
Are there changes in the relationship as husband and wife?
Yes
What are the changes in the relationship if any?
He became more irritable in small things, he does not disclose a lot
of whereabouts anymore, he sometimes hides financial benefits
from his office from me.
Did these changes if any made you suspicious?
Yes,Maam
When did these changes, if any, started?
When he was able to procure for himself a mobile phone
What had been the actuations when there was already a mobile
phone around?
Before, I can still inspect his mobile phone, check on his inbox and
outbox, call register, but then one day, he already forbade me to
look into his mobile phone
Did you ask why?
Yes but he does not answer me
How often did you try to inspect his mobile phone?
21

ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
INTERPRETER

Often
Were you successful in doing that?
No
When he goes to take a bath, does he bring his mobile phone with
him?
Yes
Does he ever lock the bathroom when he takes a bath?
Yes
Does he do it before?
No
Do you have your own mobile phone?
Yes
Is it prepaid or postpaid?
Prepaid
Does he text you?
Yes
How often?
Not very often
Does he ask for load?
No
Does he go buy airtime load often?
No
How often?/Do you ever see his mobile phones billing statement?
No
Does he call you?
Yes
How often?
Not many times
Did you ever feel neglected?
Yes
Why?
Because he is not sweet anymore
Why did you say that?
He does not go home early anymore, we do not go out on dates
anymore like before. When he goes home he just eats then sleeps.
He does not even talk with the kids anymore.
How often does he initiate having sex with you lately?
No more
Who is bigger in size? You or your husband?
Its me, Maam.
Did you ever fear him before this incident happened?
Yes
Did you ever get to hold your husbands mobile phone?
Yes
When?
Last February 13, 2010, Maam.
What was he doing when you were able to get hold of his mobile
phone?
He was taking a bath
Did he not bring it with him inside the bathroom?
No
And what did you do with his mobile phone if any?
I browsed through his inbox
And what did you see?
I saw messages with unnamed numbers and read the messages, I
was able to read one that says, hi handsome?wat r u doing na?
wat tym u pasok?i mis u..lovu2..mwahmwahmwah
And what was your reaction?
I got so mad
What did you do next if any?
I shouted from the outside I asked him sino itong nagiiloveyou
sayo?!
Interpret sino tong nagiiloveyou sayo?
22

ATTY. DULAY
ANGIE

What was his reaction?


He got so mad too and he started pushing me around, shouting at
me saying Wag mo pakialaman yang cellphone ko!
What did you say next if any?
I said nothing
Why? Did you do anything?
I got a tabas when he was still taking a bath
And what did you do with the tabas?
I hacked his neck with it when he was not facing me anymore
May I ask why did you do that?
I was so mad of his making a fool out of me. He has been doing
this to me ever since he had a mobile phone. I was able to confirm
my suspicions which has been playing in my mind long before
Ate pakidagdagan na lang po..hehehe..thanks!

ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
ANGIE
ATTY. DULAY
COURT
PROS. LARANANG
COURT

I am through with the witness, Your Honor.


Cross?
I have some questions Your Honor
Proceed.
CROSS-EXAMINATION BY PROS. LARANANG

PROS. LARANANG
ANGIE
ATTY.DULAY
PROS. LARANANG
COURT

Redirect (if theres any)


Re-cross (if theres any)
ORDER:
After the testimony of the witness Angelina Gonzales, set the next
hearing on May 15, 2010. The next witness of the defense is Mr.
Alex Gonzales who is notified in open court.
SO ORDERED.

SETTING 10

COC:
COURT
COC

COURT
PROS
. LARANANG
ATTY. OCTAVIANO
ATTY. DULAY
COC
INTERPRETER
ALEX
INTERPRETER
ALEX
INTERPRETER
ATTY. DULAY

2nd WITNESS FOR THE DEFENSE


ALEX GONZALES
May 15, 2010
All rise.............
PRAYER
Call the cases
Crim. Case No. 8032
People of the Philippines versus Angelina Gonzales
For Parricide under Art. 246 of the RPC for the presentation of
evidence by the Defense
Appearances?
For the government, Your Honor, we are ready.
For the government under the supervision and control of the Public
Prosecutor, ready, Your Honor.
For the defense, ready Your Honor. May we call to the witness
stand Alex Gonzales.
On the witness stand.
(Swear in the witness )Raise your right hand. Do you swear to tell
the truth the whole truth and nothing but the truth?
Yes, Maam.
Please state your name, age and other personal circumstances.
ALEX GONZALES, 20 years old, single and a resident of Brgy. Dili,
Bauang, La Union.
Your witness, Atty.Dulay
We are offering the testimony of the witness to prove that the
accused is a battered woman and a good mother; to prove that the
victim, their father was no longer supporting the family. (Ate Diane,
paki-edit na lang ha if my idadagdag ka pa..thanks)

23

ALEX
ATTY. DULAY
ALEX
ATTY. DULAY
ALEX
ATTY. DULAY
ALEX
ATTY. DULAY
ALEX
ATTY. DULAY
ALEX
ATTY. DULAY
ALEX
ATTY. DULAY
ALEX
ATTY. DULAY
ALEX
ATTY. DULAY
ALEX
ATTY. DULAY
ALEX
ATTY. DULAY
ALEX
ATTY. DULAY
ALEX
ATTY. DULAY
ALEX
ATTY. DULAY
COURT
PROS. LARANANG
COURT
PROS. LARANANG
ANGIE
ATTY.DULAY
PROS. LARANANG
COURT

How old are you?


20 Maam
Are you the child of Angelina Gonzales?
Yes
Are you the eldest amongst your siblings?
Yes
Are you allowed access in the masters bedroom?
Yes
Are there any other persons in the house?
Yes
Who are they?
My two other siblings Maam.
How do you describe the relationship of your parents before?
They were sweet and happy
Did you notice any changes in the relationship?
Yes
What changes did you notice?
Yes
When did the changes start?
They were not happy, they often fight, my mother do not trust my
father
What are the circumstances that led to the changes?
It started when my father was able to get a mobile phone
How do you feel towards your father?
I fear him so much
Why?
He became so irritable over little things
Ate Diane, pakidagdagan na lang.. thanks
I am through with the witness, Your Honor.
Cross?
I have some questions Your Honor
Proceed.
CROSS-EXAMINATION BY PROS. LARANANG
Redirect (if theres any)
Re-cross (if theres any)
ORDER:
After the testimony of the witness Alex Gonzales, set the next
hearing on May 31, 2010. The next witness of the defense is Mrs.
Athena Tudran Pimentel who is notified in open court.
SO ORDERED.

SETTING 11
3rd WITNESS FOR THE DEFENSE
ATHENA TUDRAN PIMENTEL
May 31, 2010
COC:
COURT
COC

All rise.............
PRAYER
Call the cases
Crim. Case No. 8032
People of the Philippines versus Angelina Gonzales
For Parricide under Art. 246 of the RPC for the presentation of
24

COURT
PROS
. LARANANG
ATTY. OCTAVIANO
ATTY. DULAY
COC
INTERPRETER
ALEX
INTERPRETER
ATHENA
INTERPRETER
ATTY. DULAY

ATHENA
ATTY. DULAY
ATTY. DULAY
COURT
ATTY. OCTAVIANO
COURT
ATTY. OCTAVIANO
ATHENA
ATTY.DULAY
ATTY. OCTAVIANO
COURT
ATTY. DULAY
ATTY. KESIP
COURT

evidence by the Defense


Appearances?
For the government, Your Honor, we are ready.
For the government under the supervision and control of the Public
Prosecutor, ready, Your Honor.
For the defense, ready Your Honor. May we call to the witness
stand Alex Gonzales.
On the witness stand.
(Swear in the witness )Raise your right hand. Do you swear to tell
the truth the whole truth and nothing but the truth?
Yes, Maam.
Please state your name, age and other personal circumstances.
ATHENA PIMENTEL, 37 years old, married and a resident of Brgy.
Dili, Bauang, La Union.
Your witness, Atty.Dulay
We are offering the testimony of the witness to prove that the
accused is a battered woman and a good mother; to prove that the
victim, their father was no longer supporting the family. (Ate Diane,
paki-edit na lang ha if my idadagdag ka pa..thanks)

I am through with the witness, Your Honor.


Cross?
I have some questions Your Honor
Proceed.
CROSS-EXAMINATION BY ATTY. OCTAVIANO
Redirect (if theres any)
Re-cross (if theres any)
Is she your last witness?
Yes Your Honor. I am now resting the case of the accused Your
Honor with the offer in evidence of Exhibit _____________. And
also the testimony of all the witnesses that we have presented.
No objection Your Honor to the documents offered.
Okay, ORDER
After the testimony of the last witness for the defense in the person
of Athena Pimentel, Atty. Diana Dulay rested her case and offered
in evidence __________. No objection was interposed by
Prosecutor Jocelyn M. Laranang. Set the continuation of hearing
for the presentation of rebuttal evidence on June 3, 2010.
SO ORDERED.

SETTING 12
HEARING OF REBUTTAL EVIDENCE
June 3, 2010
COC:
COURT
COC

All rise.............
PRAYER
Call the cases
Crim. Case No. 8032
People of the Philippines versus Angelina Gonzales
For Parricide under Art. 246 of the RPC for the presentation of
rebuttal evidence by the Prosecution.
25

COURT
PROS. LARANANG
ATTY. OCTAVIANO
ATTY. DULAY
PROS. LARANANG
COURT

Appearances?
For the government, Your Honor, we are ready.
For the government under the supervision and control of the Public
Prosecutor, ready, Your Honor.
For the defense, ready Your Honor. May we call to the witness
stand Alex Gonzales.
Your Honor, we may manifest that we have no more witness to
present our rebuttal.
Okay, ORDER
Considering the manifestation of Public Prosecutor Jocelyn M.
Laranang that she has no rebuttal evidence to present, let this
case deemed submitted for decision.
The parties are given thirty (30) days from today to submit
their respective memoranda to be filed simultaneously.
.
SO ORDERED.

Republic of the Philippines


REGIONAL TRIAL COURT
First Judicial Region
Branch 33
Bauang, La Union

THE PEOPLE OF THE PHILIPPINES


Plaintiff
-versus-

CRIM. CASE No. 8032


FOR:
PARRICIDE

ANGELINA GONZALES
Accused
x ------------------- x
to:
.

ANGELINA GONZALES
Barangay Dili, Bauang,LA UNION
PROS. JOCELYN M. LARANANG
Prosecutors Office, Bauang, LA UNION

GREETINGS:

Please be notified that the above-entitled case is set for PROMULGATION OF


DECISION before the court on the 14th day of July, 2010 at 9:00 oclock in the morning.
If you desire to subpoena a witness, please notify this Office at least five (5) days
is advance of the time of their appearance with a brief note of the name/s and specific
addresses.
Application for continuance should be made at least (3) days in advance of the
date and date of said hearing/s should be accompanied by the affidavit of merit. If on
26

the ground of absence of witnesses, the affidavit should specify the name of such
witnesses and what is expected from them.
Bauang, La Union, Philippines, this 17th day of June, 2010.

VICTORIA ORDOO
Branch Clerk of Court
SETTING 13
PROMULGATION OF JUDGMENT
July 14, 2010
COC:
COURT
COC

COURT
PROS. LARANANG
ATTY. OCTAVIANO
ATTY. DULAY
COURT
COC
COURT
ATTY.DULAY
COURT
COC

All rise.............
PRAYER
Call the cases
Crim. Case No. 8032
People of the Philippines versus Angelina Gonzales
For Parricide under Art. 246 of the RPC for PROMULGATION OF
JUDGMENT.
Appearances?
For the government, Your Honor, we are ready.
For the government under the supervision and control of the Public
Prosecutor, ready, Your Honor.
For the defense, ready Your Honor. May we call to the witness
stand Alex Gonzales.
Is the accused present?
She is present Your Honor.
Read the decision.
May we pray Your Honor that only the decretal portion of the
Decision will be read?
Okay. Read only the wherefore clause.

WHEREFORE, premises considered, the Court finds the


accused ANGELINA GONZALES Y TUDRAN guilty of the
crime of PARRICIDE under ART. 246 of the RPC beyond
reasonable doubt.
SO ORDERED.
Sgd. LOVELLA MAY HULIGANGA
Judge

27

Republic of the Philippines


REGIONAL TRIAL COURT
First Judicial Region
Branch 33
Bauang, La Union
THE PEOPLE OF THE PHILIPPINES
Plaintiff
CRIM. CASE No. 8032
FOR:
PARRICIDE

-versusANGELINA GONZALES
Accused
x ------------------- x
DECISION

On March 4, 2010, the Office of the Provincial Prosecutor filed an information for
Parricide under Art. 246 of the RPC against herein accused Angelina Gonzales the accusatory
portion reads:
That on or about 13th day of February 2010 in the municipality of Bauang, La
Union, Philippines, and within the jurisdiction of this Honorable Court, the above-named
accused did then and there wilfully, unlawfully and feloniously and with treachery kill his
husband XIAN MIGUEL GONZALES with whom she was united in lawful wedlock, and being
then armed with bladed instrument (scythe, in local idiom tabas), with intent to kill, hack his
husband XIAN MIGUEL GONZALES and as a result of which attack the said XIAN MIGUEL
GONZALES received a hacked wound on his right neck which directly caused instantaneous
death.
CONTRARY TO LAW.
Bauang, La Union, March 4, 2010.
JOCELYN M. LARANANG
4th Assist. Provincial Prosecutor
On March 4, 2010, the Court admitted the Information
On March 8, 2010, he was arraigned pleading not guilty. On March 25, 2010 the pre-trial
was completed with the adoption of the preliminary conference. Trial ensued with the
prosecution presenting five witnesses namely Medelita Gonzales, Arnuld Gonzales, Jean Marie
Gonzales, William Atiwag and Dr. Monette Balderas
To state the factual version of the prosecution, the court adopts the statement of facts
found in its Memorandum thus:
At the time of the incident, the victim and the accused were legally
married with three children. That the accused is a jealous and a nagger wife.
That sometime in the month of February, 2010, after the victim took a bath, the
accused hacked him from behind which causes the instantaneous death of the
accused.
After the prosecution was through with its evidence, the Court, denied the Motion of the
Defense to file Demurrer to Evidence for lack of merit. Thus trial resumed with the defense
presenting three (3) witnesses namely the accused himself, their son Alex Gonzales and her
sister Athena T. Pimentel. Heres the gist of their testimonies.
Sometime in 2010, when the victim is still working, he already fails to comply with his
obligations to the family. He failed to support their children and he seldom went home already.
That when he will come home, he usually inflicted injuries to his wife and sometimes to their
children which inflicted fear to the family. They came to know that the victim is already keeping a
mistress somewhere in Sampaloc, Manila. When he arrived at their house on the 13 th day of
28

February, an anonymous sender send a text messages to the victim stating hi handsome?wat r
u doing na?wat tym u pasok?i mis u..lovu2..mwahmwahmwah
Because of this, the accused
get so furious and mad. She got a tabas and hacked the victim at his right neck which caused
his instantaneous death.
COURTS RULING
As set forth in the information, the accused is charged with Parricide under Art. 246 of
the RPC which read as follows:
- Any person who shall kill his father, mother, or child, whether legitimate of illegitimate,
or any of his ascendants, or descendants, or his spouse, shall be guilty of parricide and shall
be punished by the penalty of reclusion perpetua to death."
The elements of the offense penalized under this provision are as
follows:
1. That a person kills his father, mother, or child, whether legitimate of illegitimate, or
any of his ascendants, or descendants, or his spouse;
Let us discuss the elements individually vis--vis the relevant facts of the case.
___________________________________
First element :
the accused kills his spouse
___________________________________
The accused and the victim are legally married as proved by the Marriage Certificate
dated October 8, 1975.
_________________________
Second Element :
_____________________________________
Among our well-entrenched principles is that an accused is presumed innocent until
proved guilty. To
overcome the presumption, his guilt must be shown by proof beyond
reasonable doubt. While this does not connote absolute certainty, it means that degree of proof
which, after an investigation of the whole record, produces moral certainty in an unprejudiced
mind of accuseds culpability. It signifies such proof that convinces and satisfies the reason and
conscience has been overcome by the prosecution beyond reasonable doubt, hence, accused
is convicted
WHEREFORE, premises considered, the Court finds the accused ANGELINA
GONZALES Y TUDRAN guilty of the crime of PARRICIDE under ART. 246 of the RPC beyond
reasonable doubt.
SO ORDERED.
ISSUED IN CHAMBERS, this 1st day of July, 2010, at Bauang, La Union

LOVELLA MAY HULIGANGA


Judge

29

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