Professional Documents
Culture Documents
Group 7
Judge O. Pimentel
28 Sept 2002, 3-5pm
De Venecia, Linabelle
Palma Gil, Ma. Sophia
Resurreccion, Paul
Dear Groupmates,
I hope this script guides us. The dialogues are just extracted from my imagination. The
lines of the judge are so far the lines which Judge Pimentel has been saying in the earlier moot
court classes.---> Enee
ENTRANCE
BAILIFF:
All rise!
Court is now in session. Silence is hereby enjoined.
Branch 78, Regional Trial Court of Quezon City
Judge Oscar Pimentel, presiding
JUDGE:
BAILIFF:
Group 7:
(Everybody stands.)
PROSECUTION:
Enee:
For the prosecution, Your Honor (YH), representing the People of the Phils.
I am Atty. Vergenee Marree A. Abrenica, Assistant City Prosecutor.
Pia:
I am Atty. Ma. Sophia Palma Gil, YH, acting as private prosecutor under the
direct control and supervision of the public prosecutor.
Paul:
Enee:
DEFENSE:
Homer:
For the defense, YH, representing the accused. I am Atty. Homer Arellano,
lead defense counsel, and together with my co-counsels.
Belle:
Sarah:
Homer:
ARRAIGNMENT
JUDGE:
B:
J:
B:
You are the accused in Criminal Case No. Q-02-38860 entitled People of the
Philippines versus Max Salvador y Rodriguez and the Information charges
you of the crime of Homicide committed as followed:
That on or about the 15th day of November 2000, in Quezon City,
Philippines, the above-named accused [Max Salvador y Rodriguez], with intent to
kill, did then and there wilfully, unlawfully, and feloniously attack, assault, and
employ personal violence upon the person of one Rudy Perez y Salazar, by then and
there shooting him with a gun hitting him on the left portion of his back, thereby
inflicting upon him serious and mortal wound which was the direct and immediate
cause of his untimely death, to the damage and prejudice of the heirs of the victim.
Contrary to law.
What is your plea?
ACCUSED:
B:
J:
Plea Bargaining
J:
PROS:
(Enee)
bargaining.
DEFENSE:
(Homer)
YHP, the defense does not also desire to enter to plea bargaining.
Your Honor Please (YHP), the prosecution does not desire to enter into plea-
Marking of Exhibits
J:
PROS.
(Enee)
3
YHP, the prosecution will present the following documentary evidence and mark as
prosecutions exhibits:
EXH. A.
MEDICO LEGAL REPORT NO. M-1827-00 from the
Philippine National Police Crime Laboratory Service
National Capital Regional Unit
CPD Station 4, EDSA, Kamuning, Quezon City
EXH. A-1
EXH. A-2
EXH. B.
EXH. C.
EXH. C-1
EXH. D
EXH. E
EXH. F
The prosecution, YH, reserves its right to introduce submarkings to the pre-marked
exhibits and present other documentary evidence during the course of the trial,
subject to further directions and limitations that this Honorable Court may impose.
J:
Alright, subject to the 3-day notice rule, otherwise the evidence shall not be
considered by the court
How about the defense? Mark your exhibits.
DEFENSE:
(Homer)
4
The defense, YH, reserves its right to introduce submarkings to the pre-marked
exhibits and present other documentary evidence during the course of the trial,
subject to further directions and limitations that this Honorable Court may impose.
J:
Alright, subject to the 3-day notice rule, otherwise the evidence shall not be
considered by the court
Admissions/Stipulation of Facts
J:
Any admission?
YHP, the prosecution requests for the admission by the defense of the following
documentary exhibits already earlier pre-marked.
First, MEDICO LEGAL REPORT No. M-1827-00 and the truth of the finds and
facts therein stated to dispense with the necessity of presenting expert testimony on
the matter. The Medico Legal Report is pre-marked as Exh. A for the prosecution
and we are now showing the accused and furnishing the court.
DEFENSE (Homer):
PROS.
(Enee)
Second, YHP, we would like to request for the admission by the defense of the
Police Referral Letter to the Quezon City Asst. City Prosecutors Office consisting
of 2 pages pre-marked as Exhibits C and C-1, to dispense with the testimony of the
police. We are also furnishing the defense and the court of a copy.
DEFENSE:
We admit only the existence of the exhibits, YH, but not as to the entries and the
truth of the facts therein stated.
J:
PROS.
(Enee)
We submit, YH.
YH, we also request for the admission by the defense of the jurisdiction of this
Honorable Court to hear and try this case.
DEFENSE:
We admit, YH.
PROS. (Enee) No further request for admission, YH. Thank you, YH.
(By the defense)
DEFENSE:
(Homer)
5
Medical Center and the truth and findings of facts therein stated to dispense with the
necessity of presenting expert testimony on the matter. The Medical Certificate of
the accused is pre-marked as Exh. 2 fo rhte defense and we are showing the
prosecution and court a copy of it.
PROS. (Enee) The prosecution admits, YH.
DEFENSE:
No further request for admissions, YH.
Identification of Issues
J:
So what are the issues to be resolved?
PROS.
(Enee)
YHP, the prosecution submits the following issued to be resolved:
1. Whether the accused was present at the scene of the crime
2. Whether the accused committed the offense charged in the Information
J:
How about the defense?
DEFENSE
(Homer)
We adopt the same issues, YH.
Number of Witnesses
PROS.
(Enee)
The prosecution will present 2 witnesses, YH. First is Ramon Perez, the brother of
the deceased victim, who will testify on the incidents attendant to the killing. Second
is Mrs. Rosita Perez, the mother of the deceased victim, who will testify on the
expenses incurred due to the death of the victim.
The prosecution reserves its right to present other witnesses in the course of the trial,
YH.
J:
DEFENSE:
(Homer)
J:
PROS/DEF.
Yes, YH.
J:
Subject to the issuance of the Pre-trial Order, the pre-trial of this case is hereby
terminated. Prosecution, present your witnesses.
6
PROSECUTIONS PRESENTATION OF EVIDENCE
Direct Examination Ramon Perez
Atty. Enee:
Judge:
Bailiff:
Please raise your right hand. Do you swear to tell the truth, the whole truth, the
whole truth and nothing but the truth in the testimony you are about to give?
Ramon: Yes, I do.
Bailiff:
Please state your name, age, address and other personal circumstances.
Ramon:
I am Ramon Salazar Perez, 21 years old, single, a construction worker and residing
at No. 169 Banlat Road, Tandang Sora, Quezon City.
Enee:
YH, we are endorsing the prosecution of this case to the private prosecutor, Atty.
Maria Sophia Palma Gil.
Judge:
Granted.
Mr. Perez, where were you on Nov. 15, 2000 at about 4 to 5 pm?
ANSWER:
Q:
A:
Q:
A:
7
Q:
A:
Yes mam.
Q:
A:
Yes mam, There was no need to take a ride because my house is just near my friends house.
Q:
A:
Q:
A:
We both are friends of Bong. We all came from work and decided to drop by Bongs place.
Q:
While walking home, was there any unusual incident that happened, if any.
A:
Yes mam.
Q:
What happened?
A:
Q:
A:
While on our way home, I approached a man who was smoking a cigarette. I asked for a
light. Then, while lighting my cigarette, that man boxed me and ran away.
Q:
ATTY. DE VENECIA:
Objection YH. It is irrelevant.
ATTY. PALMA GIL
YH, I just want to show that the witness recalls the event clearly.
Judge:
_________
Ramon: (if judge sustains) Camel cigarette mam. (if judge overrules, balewala na)
ATTY. PALMA GIL
Q:
When the man boxed you, what happened next?
A:
My brother and I ran after him. He went inside the eskinita then we lost sight of him.
Q:
A:
Q:
A:
When the man disappeared in the eskinita, another man came out from a house then began
shooting at me and my brother.
Q:
A::
I believe it is owned by Ms. Tan at 171 Banlat Road, Tandang Sora, Q.C.
Q:
What did you do when you saw him shooting his gun?
A:
I ran mam.
Q:
A:
Q:
A:
Q:
A:
Yes mam. He said, that he was shot. I saw him pressing his chest.
Q:
A:
I brought him home. But when his condition got worse, I brought him to Quezon City
General Hospital. However, it was too late. He was declared dead on arrival.
Q:
Going back to the shooting, did you recognize the man who shot your brother?
A:
Q:
A:
Yes, he is.
Q:
YH, may I request that the witness be allowed to tap the shoulder of the said Max Salvador.
JUDGE:
O.K.
Q:
YH, I will pinpoint to a signature which was also premarked as Exhibit B-1. Do you
recognized the signature?
9
A:
Q:
JUDGE:
Cross?
ATTY DE VENECIA:
With your kind permission YH.
JUDGE:
Proceed.
Cross Examination Ramon Perez
ATTY. DE VENECIA:
QUESTION: Mr. Perez, you answered during your direct examination that you recognized Max
Salvador as the man who shot your brother, is that correct?
ANSWER:
Q:
You also mentioned that when the man began shooting at you and your brother, you ran
away, is that correct?
A:
Yes mam.
Q:
A:
Q:
Help me with this, Mr. Perez. If you were running away, very very fast, during the shooting,
how did you recognize the shooter?
A:
Q:
You got a glimpse of his face. Just a glimpse? You did not clearly see his face?
_________
(if judge sustains, ask the next question, if judge overrules, then Ramon must answer.)
Ramon: You can say that.
Q:
Do you Max Salvador, other than being the accused of the one who shot your brother?
A:
10
Q:
Do you know any reason for Max Salvador to hurt you or your brother?
A:
No mam.
Q:
Did Max Salvador had any fight with you or your brother?
A:
Q:
Where were you when you ran away when the shooting began?
A:
At Banlat Road.
Q:
How far is Banlat Road from the place where you saw the person firing the gun?
A:
Q:
Yes.
Q:
You mean to say that the person you saw firing the gun was also at Banlat Road.
A:
Yes mam, but he came from his house. He was in his house when he began shooting us.
Q:
A:
Yes mam.
Q:
How many?
A:
Q:
Do you know any military men or police residing along Banlat Road.
11
ATTY DE VENECIA:
No further question YH.
Direct Examination - Rosita Perez
ATTY. RESSURRECCION:
I am showing to you a list, go over this and tell the Honorable Court if this is the list you
prepared?
ANSWER:
Yes maam, this is the list.
Q:
COURT:
Mark it.
Q:
A:
Q:
Did you contact a funeral parlor to take care of your sons burial?
A:
Yes, maam.
Q:
Do you have any proof that you entered into a contract with a funeral parlor for your sons
burial?
A:
Yes, maam.
Q:
I am showing to you this document, please tell this Honorable Court what this document is
all about.
A:
ATTY. RESSURRECCION:
May we request that this be marked as exhibit E.
Q:
You said your son died, do you have any proof that your son died?
A:
Q:
I am showing to you this document, please tell his honorable court if this is the death
certificate of your son.
A:
ATTY. RESSURRECCCION:
May we request that this be marked as exhibit F.
12
Q:
You said your son was working at the time of his death?
A:
Yes, maam.
Q:
A:
Q:
A:
To me, maam.
Q:
A:
ATTY. RESSURRECCION:
That would be all, your honor.
COURT:
Cross?
Cross Examination - Rosita Perez.
ATTY. CRUZ:
At the time of your sons death, what was his educational attainment?
ANSWER:
Elementary, maam.
Q:
You prepared this document marked as exhibit D and identified as your list of expenses, am I
correct?
A:
Yes, maam.
Q:
A:
In Bagbag, novaliches.
Q:
A:
ATTY. CRUZ :
That is all your Honor.
OFFER OF EVIDENCE BY THE PROSECUTION
13
PROS. (Enee):
J:
PROS. (Enee)
EXH. A-1
EXH. A-2
Exhibits A, A-1, and A-2, YH, are being offered in evidence to prove the
fact and cause of death of the victim in this criminal case,YH, which have been duly
admitted by the defense during the pre-trial together with the admission of the
genuineness and due execution of Exhibit A, YH.
EXH. B.
EXH. B-1
Exhibits B and B-1, YH, are being offered in evidence to prove the
investigation made by the police of the crime and in support of the testimony of the
witness during the trial in connection with the circumstances of the crime.
EXH. C.
EXH. C-1
Page 2 of the LETTER OF REFERRAL
Exhibits C and C-1, YH, are being offered in evidence to prove the fact of
referral by the police upon its investigation to the Office of the Assistant City
Prosecutor for purposes of filing formal criminal charges against the accused, YH.
Exhibits C and C-1 have been duly admitted by the defense during the pre-trial as to
its existence, YH.
EXH. D
EXH. E
14
Exhibits D and E, YH, are being offered in evidence to prove the total
expenses incurred by the family of the victim in connection with the interment and
burial of the deceased.
EXH. F
15
Your Honor please, the defense would like to offer the testimony of the witness, Max
Salvador, the accused in this case, to prove that he did not kill the deceased, Rudy Perez y
Salazar, and that he had no motive to kill the said victim.
COURT:
Proceed.
ATTY. CRUZ:
Your Honor, may I please approach the witness?
COURT:
All right, you may approach the witness.
ATTY. CRUZ:
QUESTION:
Mr. Salvador, can you recall where you were on 15 Nov. 2000 at on or about 5:00 in the
afternoon?
ANSWER:
Yes, Maam. I was at the house of Mr. and Mrs. Antonio Sia at 171 Melchora Aquino St.,
Tandang Sora, Quezon City.
Q:
A:
My family and I used to reside there. At that time, their house was being renovated. The
Sias took me in as caretaker, and they allowed my family to stay there too.
Q:
A:
Yes, Maam. My family was there, as well as three of my co-workers from MMTC, where I
am working as a bus driver.
Q:
A:
Q:
A:
Mario accompanied Eddie and Romy to my house because the two were scheduled to join
the cursillo movement, of which I am a leader, on 15-18 Dec. 2000.
Q:
While you were inside the house, can you recall anything unusual that happened at on or
about 5:00 in the afternoon of 15 Nov. 2000?
A:
Yes, Maam. While we were inside the house having snacks, we heard shouts coming from
outside, some distance away from the house, followed by about four (4) gunshots.
Q:
When you heard the shouts and the gunshots, what did you do?
16
A:
I went out of the house to find out what the commotion was all about. I peered through the
gap in the fence where the gate is supposed to be installed, but was not yet installed at that
time. When I saw no one, I turned around and headed back to the house. But I was only
able to take a few steps when I felt a hard object hit the right side of my head, where my ear
is, as if someone threw it from behind me.
Q:
A:
I lost consciousness Maam. The next thing I knew, I was lying on the ground. I felt dizzy,
so I just stayed there for a while. When I felt more stable, I stood up and walked back to the
house.
Q:
Were you able to determine what kind of hard object hit you?
A:
Yes, Maam. When I regained consciousness, I saw a broken piece of hollow block beside
me.
Q:
You said that the Sias house were under renovation then. How can you be sure that the
piece of hollow block you saw was the hard object which hit you and not a debris from the
construction?
A:
At that time, the major constructions were already finished. There were no more hollow
blocks being used. I should know, Maam, because I was taken in by the Sias as caretaker
precisely so that I can oversee the materials, to make sure that they are not lost or stolen.
Q:
I see. Then what happened when you got back in the house?
A:
I told my family and co-workers that I was hit on the head with a hollow block, but I was not
able to see who did it because I lost consciousness. I told them that I would go see Mr. and
Mrs. Sia at their house in Karuhatan, Valenzuela to report the incident.
Q:
A:
My co-workers went with me as far as Muoz, Quezon City. They wanted to accompany me
to Valenzuela, but I told them that since it was getting late, they better go home already. So,
from Muoz I proceeded to Valenzuela alone.
Q:
A:
Yes, Maam. I told them about the incident. When they learned that I was hurt, they brought
me to Fatima Medical Center for treatment. After which, they told me to return home, and
that they would send a security guard there. They were worried that someone wanted to
enter their premises, possibly to steal the construction materials.
Q:
Now, in this Letter Request to the Honorable City Prosecutor of Quezon City, signed by
Senior Inspector Gregorio De Guzman, which has been pre-marked as Exhibit C, it is
stated here on page two (2), par. 2, that the accused Salvador went into hiding. What can
you say about this?
A:
Thats not true, Maam. I did not go into hiding. In fact, I just stayed home a few days after
the incident, as I was recuperating from my wound.
17
Q:
It is also stated in the same Letter Request that with the intercession of his relatives,
accused Salvador surrendered to PO3 Pablo Borjal at about 3:30 p.m. on 26 Nov. 2000 at
Camp Capinpin, Tanay, Rizal, and was brought to the SID for investigation and proper
disposition. What can you say about this?
A:
That is also not true, Maam. I did not surrender at Camp Capinpin. The truth was it was
only after about a week from 15 Nov. that I learned from my neighbors that I was a suspect
in a killing.
Q:
A:
I was confused at that time, Maam. I thought that there I was, wounded myself and now a
suspect in a killing. But after a while I came to a decision. I decided to go see Mr. and Mrs.
Sia. I told them that I was a suspect in a killing, and that I wanted my name cleared. Mr. Sia
then accompanied me to the police station in Sangangdaan, Novaliches.
Q:
When did this happen? When did you go to the police station?
A:
Q:
A:
The policemen told me that I was the one who killed a certain Rudy Perez, and that it would
be best if I admit such fact.
Q:
A:
No, Maam. I told them that I did not know anything about the killing of Perez, and that I
would get a lawyer to defend me.
Q:
A:
The policemen placed me inside the jail. They told me that I could only be released if I
posted bail.
Q:
In the affidavit executed by Ramon Perez, brother of the deceased, he said that while you
were in jail, he identified you as his brothers killer. What can you say about that?
A:
I do not know if he really had pointed to me while I was in jail because I do not recall ever
seeing him there.
Q:
A:
Q:
A:
Q:
18
A:
I went home, Maam. Then I asked around from my neighbors about the person of this Rudy
Perez, and why I was being implicated in his killing.
Q:
Why did you ask around about the person of Rudy Perez?
A:
Because I do not know who he was, yet I was being suspected of having killed him.
Q:
Mr. Salvador, you testified earlier that on or about 5:00 in the afternoon of 15 Nov. 2000,
you were in the house of Mr. and Mrs. Sia at 117 Melchora Aquino Road, Tandang Sora,
Quezon City. Is that right?
A:
Q:
Now, the prosecution witness, Ramon Perez, testified that his brother, Rudy Perez, was shot
by a man, whom he later identified as you, Mr. Salvador, from a barong-barong next to the
house he was watching at Banlat Road, Tandang Sora, Quezon City. Do you know where
this Banlat Road is?
A:
Yes, Maam.
Q:
How far is Banlat Road from the Sias house at Melchora Aquino Road?
A:
Q:
Can you make a sketch showing the location of the Sias house and its distance to Banlat
Road?
A:
Yes, Maam.
(Atty. Cruz gives a bond paper to the witness, who proceeds to sketch.)
COURT:
Place on record that the witness has been furnished with a bond paper by counsel and is now
preparing a sketching in response to the question.
ATTY. CRUZ:
(After witness is through sketching and hands the bond paper back to Atty. Cruz)
Your Honor please, may we request that this sketch prepared by the witness be marked as
Exhibit 1.
COURT:
Mark it.
ATTY. CRUZ:
Your Honor please, we would also like to have the following be marked:
The street described as Tandang Sora as Exhibit 1-A;
The street described as Banlat Road as Exhibit 1-B;
The street described as Melchora Aquino St. as 1-C; and
19
The house, including the description of its distance from Banlat Road, as Exhibit
1-D.
COURT:
All right, make the markings.
ATTY. CRUZ:
Thank you, Your Honor. Nothing further.
Cross examination Max Salvador
ATTY. RESURRECCION:
QUESTION:
Mr. Salvador, when the police investigated you in connection with the killing of Rudy Perez,
did they ask you about your personal circumstances, like your address?
A:
Q:
A:
Q:
But according to the police record, when asked about your current address, you said that it
was at 171 Banlat Road, Tandang Sora, Quezon City. Do you know where the police got
that address?
A:
Q:
You also testified earlier that you were taken in by the Sias to watch over the construction
materials used in the renovation of their house. Is that right?
A:
Yes, sir.
Q:
Were you provided with a firearm in connection with the work you performed for the Sias?
A:
No, sir.
Q:
A:
No, sir. I was merely a caretaker. In fact, that was just my sideline. I have a regular job at
the MMTC as a bus driver.
Q:
ATTY. CRUZ:
Objection, you Honor. The witness has already answered that question.
COURT:
Sustained.
20
Q:
It is indicated in the police record under your occupation Security Guard. Are you telling
this Court that the police not only stated the wrong address but also the wrong occupation?
A:
Q:
Now, in your testimony you stated that at on or about 5:00 p.m. of 15 Nov. 2000, while you
were inside the Sias house, you heard shouts and several gunshots. Is that correct?
A:
Yes, sir.
Q:
And these shouts alarmed you that was why you went out of the house?
A:
Q:
I did not come out of the house when I heard the shouts. It was only after I heard the last
gunshot that I went out.
How far out did you go?
A;
Q:
A:
Q;
This was around 5:00 in the afternoon, and you would have seen if anyone was near you,
would you not?
A:
Yes, sir.
Q:
You testified that when you were on your way back to the house, you have just taken a few
steps when somebody hit you on the head with a hard object. Which part of the head were
you hit?
A;
Q:
A:
No, sir.
Q:
Why is that?
A:
Q:
So, you said that somebody hit you on the right ear, yet you did not see anyone there?
A:
After receiving the blow, I felt dizzy, my vision blurred, then I lost consciousness.
Q:
A:
Yes, sir.
Q:
21
A:
Q:
A:
At Karuhatan, Valenzuela.
Q:
You were injured in Tandang Sora, Quezon City, and you had to go all the way to Valenzuela
to have your injuries treated?
ATTY. CRUZ:
Objection, your Honor. Where the witness had his injuries treated is irrelevant.
COURT:
Sustained.
In case the Court overrules:
A:
I went to the hospital after I reported the incident to the Sias in their house at Karuhatan,
Valenzuela. It was they who brought me to Fatima Medical Center.
Q:
Did you report to the police about your being hit by somebody on the head?
A:
No, sir.
Q:
In fact, the injuries you sustained were only slight, as you were released immediately from
the hospital on the same night that you were treated. Is that right?
A:
Yes, sir.
Q:
Did you not testify that you were hit by a hollow block?
A:
Yes, sir.
Q:
How did you know that it was a hollow block that hit you?
A:
As I said, I lost consciousness, and when I woke up, I saw broken a broken piece of hollow
block beside me.
Q:
But you did not actually see somebody throw the hollow block at you, did you?
A:
Q:
After you were hit, did you call on your companions inside the house to help you?
A:
No, sir. I felt dizzy and did not have the energy to call for help. I passed out a few seconds
after.
Q:
Now, Mr. Salvador, did you voluntarily surrender to the authorities after learning that you
were a suspect in the killing of Rudy Perez?
22
A:
Yes, sir.
Q:
A:
On 26 Nov. 2000.
Q:
So, it took you about eleven (11) days from the incident to voluntarily surrender. Why is
that?
A:
Because I did not learn that I was a suspect until after about a week.
Q:
From whom did you learn that you were a suspect in the killing of Rudy Perez?
A:
Q;
So, it took about a week for this information to reach you. Were you always away from your
house, Mr. Salvador?
A:
No, sir.
Q:
In fact, you testified that you stayed in your house recuperating from the injuries you
sustained. Is that correct?
A:
Yes, sir.
Q:
A:
Q:
A:
Q:
A:
No, sir.
Q:
You wanted to clear your name, yet you did not give any statement to the police?
A:
I was immediately informed at the police station that I was the suspect in the killing of Rudy
Perez. They made me admit that I was the one who killed Perez, but I refused. When I told
them I wanted to see a lawyer, they locked me up in jail and was not released until I posted
bail.
ATTY. RESURRECCION:
I have no more questions, your Honor.
ATTY. DE VENECIA:
Our next witness, your Honor, is Mr. Mario Castro.
COURT:
23
Swear in the witness.
INTERPRETER/ BAILIFF:
(To the witness in the witness stand.) Please raise your right hand. Do you swear to
tell the truth, the whole truth and nothing but the truth to the testimony that you are
going to give?
WITNESS:
Yes, I do.
INTERPRETER:
Please state your name, age and address and other personal circumstances.
WITNESS:
MARIO CASTRO, 38 years old, married, bus driver and residing at Phase 9,
Package 7, Block 25, Lot 32, Bagong Silang, Kalookan City.
ATTY. PALMA GIL:
May I move for the exclusion of the said witness.
ATTY. DE VENECIA:
Your Honor, we offer in evidence the testimony of witness Mario Castro to
corroborate the testimony of the defenses witness Max Salvador.
COURT:
Proceed.
Direct Examination Mario Castro
ATTY. DE VENECIA:
Mr. Witness, you said that you are a bus driver. What company are you connected with?
ANSWER:
MMTC, maam.
Q-
A-
Q-
On November 15, 2000 at about 5:00 in the afternoon, do you remember where you were?
A-
Yes.
Q-
Can you tell us where you were exactly during that time?
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A-
Q-
A-
Q-
Have you ever gone to that place you just mentioned, prior to November 15, 2000?
A-
Yes, maam.
Q-
Do you remember how many times you have gone to that place, prior to November 15,
2000?
A-
Twice, maam.
Q-
You said that on November 15, 2000, at about 5:00 in the afternoon, you were at the house
of Max Salvador. Why were you there?
A-
I went to the place of Max together with two (2) others because Max is a leader in the
cursillo movement and we had intended to help these two (2) persons to enter the class of
cursillo and he is the only one who could do that.
Q-
A-
Q-
You mentioned two (2) companions. Can you remember the names of your two (2)
companions?
A-
Q-
Can you tell this Court the family names of those people you mentioned?
A-
Q-
Now, while you were at the place of Salvador on November 15, 2000 at about 5:00 pm, do
you remember any unusual incident that occurred at that particular time?
A-
Yes, maam.
Q-
A-
While we were inside the house having our snack, we heard commotions outside. There was
shouting and then we heard several shots.
Q-
When you heard the shouting and several shots, where was Salvador?
A-
Q-
After you heard the shouting and the shots, what happened?
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A-
Q-
A-
After he went out, he ran back inside the house. When he returned, his ear was already
bleeding.
Q-
Do you remember what did Salvador do when you saw his ear with blood?
A-
Yes, maam.
Q-
A-
He wiped the blood on his ear and then he changed his clothes. Then he said he was going
to the house where he was staying.
Q-
A-
Q-
A-
Q-
A-
Q-
Did you and Salvador talk with or see each other on the same day, right after you parted in
Munoz?
A-
No, maam.
ATTY. DE VENECIA:
That is all for the witness, your Honor.
COURT:
Cross?
ATTY. PALMA GIL:
With the kind permission of the Honorable Court.
COURT:
Proceed.
Cross Examination Mario Castro
ATTY. PALMA GIL:
Mr. Witness, who told you to testify in this case?
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A-
The wife of Salvador requested me to testify. This is because we were actually in the house
at the time of the incident, maam.
Q-
When did she tell you that you will be testifying on this case?
A-
Q-
You know for a fact that Salvador moonlight as a guard at the residence located at 171
Banlat Road, dont you?
A-
Yes, maam.
Q-
From whom did you come to know that there will be a cursillo on December 15 to 18?
A-
Q-
A-
Q-
A-
Yes, maam.
Q-
After November 15, 2000, did you see Mayungi and Torres again?
A-
Yes, maam.
Q-
A-
Q-
Do you know the reason why they were not able to enter the cursillo?
A-
I think the cursillo did not push through because Salvador encountered some problems. In
fact, he did not report for work quite sometime.
Q-
What was supposed to be the role of Salvador for the cursillo to be held on December 15 to
18?
A-
Q-
A-
Well, what I know is that we cannot just leave the cursillo. Whenever we need something to
buy, he is the one who would buy it.
Q-
You were the one who brought Mayungi and Torres to Salvador, were you not?
A-
Yes, maam.
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Q-
A-
Yes, maam.
Q-
Considering that you are supposed to be their sponsor, did you not try to meet them before or
on the day or on the opening day of the cursillo?
A-
Q-
(Pia raises voice) Yes, but as sponsor, you know that you are responsible for their acceptance
in the cursillo, dont you?
A-
Yes, maam.
Q-
(Pia raises voice - a tone higher..hehehe)And from the day that you brought these two (2)
persons to Salvador, you did not even try to get in touch with them up to the day of the
cursillo?
ATTY. DE VENECIA:
Objection, your Honor. Badgering the witness!
ATTY. PALMA GIL:
Your Honor, I am trying to establish the impossibility of absence of any contact with
Mayungi and Torres considering the witness was their sponsor.
(If overruled, witness proceeds with A- I was not able to attend...)
(If sustained, ATTY. PALMA GIL proceeds with Q- Why did you accompany)
A-
I was not able to attend to them anymore because I was working most of the time.
Q-
Then why did you accompany them to Salvador and consent to be their sponsor if that was
the case?
A-
When Salvador mentioned to me that if knew of people interested to enter the cursillo, I told
him I can bring a few to him.
Q-
A moment ago, you said that you were the sponsor of Mayungi and Torres. As such, you are
supposed to know the responsibilities thereof, am I correct?
A-
Yes, maam.
Q-
A-
To help people who are interested to enter the cursillo movement, maam.
Q-
When you say help, this includes making sure that these people reach or arrive at the
cursillo house on the opening day, as planned, does it not?
A-
Yes, maam.
Q-
After November 15, 2000, when did you first see Salvador?
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A-
Q-
A-
Q-
A-
No, maam.
Q-
A-
No, maam.
Q-
Despite the fact that you were the sponsor of the two (2) persons you accompanied to the
place of Salvador, you did not ask him if the cursillo will proceed.
ATTY. DE VENECIA:
Objection, your Honor. Question already asked.
(If overruled, witness proceeds with A- No, maam.)
(If, sustained, ATTY. PALMA GIL proceeds to Q- When you met him)
A-
No. maam.
Q-
When you met him at that time, did he mention about any case being filed as a result of the
incidents on November 15, 2000?
A-
No, maam.
DEFENSE (Homer)
EXH. 1
EXH 1-A
EXH 1-B
EXH 1-C
EXH 1-D
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EXH 1-E
EXH 1-F
YH, these exhibits are presented and offered in evidence for the following
purposes:
1. To establish the actual situation of the vicinity where the alleged
incident took place to guide this Honorable Court in ascertaining the
truth;
2. To prove that the house under construction where the Accused and his
family actually stayed is actually located at Melchora Aquino Street,
although the area is commonly called as Banlat Road;
3. To establish the distance between the house under construction and the
main road Banlat Road;
4. To prove that the vicinity being surrounded by squatters, there is truth to
the contention of the defense that another person not the Accused
actually killed the victim Rudy Perez;
5. To form part of the testimony of the Accused.
EXH. 2
That is all for the defense, YH. The prosecution now rests its case.
J:
Alright, are the parties willing to consider the case submitted for resolution?
P/D:
Yes, YH.