August 18 2017

1st Case

JUDGE SEVILLE: Call the cases

CLERK OF COURT: First case

JUDGE SEVILLE: Appearances

PROSECUTION: Your honor, I am Atty Kevin Baruel appearing as private prosecutor under
the direct supervision and control of the public prosecutor

PROSECUTION: Fiscal Abellanosa your honor

DEFENSE: Good evening your honor, Atty Capahi and Atty for the accused

DEFENSE: In appearance for the accused your honor

JUDGE SEVILLE: Ready? What is the *inaudible for today

CLERK OF COURT: For today sir its the continuation of the presentation of evidence

PROSECUTION: Your honor I am presenting to you Domingo Alpara our first witness for the
purpose of..

JUDGE SEVILLE: Qualify your witness

CLERK OF COURT: Do you swear to tell the truth and nothing but the truth so help me God

WITNESS (ALPARA): *nods

JUDGE SEVILLE: Ok. Ask his personal circumstance

JUDGE SEVILLE: What are the personal circumstances of our witness?

CLERK OF COURT: Domingo Alpara, 50 years old, married

JUDGE SEVILLE: Your witness fiscal

PROSECUTION: Presenting our witness -

JUDGE SEVILLE: Are you giving authority to the private prosecutor? He will be the one to
conduct the direct?

PROSECUTION: Yes your honor

JUDGE SEVILLE: You manifest it on record that you are giving authority to the private
prosecutor to conduct your direct.

PROSECUTION: authority is hereby given to Atty Kevin Baruel to conduct the direct
examination of the witness

JUDGE SEVILLE: Proceed Kevin Baruel

PROSECUTION: Your honor, I am presenting to you Domingo Alpara, our first witness for the
purpose of identifying the judicial affidavit he executed in relation to this
case

JUDGE SEVILLE: To prove the relation in the information. Do you have them now?

PROSECUTION: Yes your honor

JUDGE SEVILLE: Ok Proceed

PROSECUTION: Mr Witness, do you remember executing a judicial affidavit in relation to

this case?

JUDGE SEVILLE: Do you need translation? Do you understand the prosecution?

WITNESS (ALPARA): Gamay

JUDGE SEVILLE: How gamay?

JUDGE SEVILLE: Interpreter

PROSECUTION: Have you remembered executing a judicial affidavit in relation to this case?

INTERPRETER: Meron ho ba kayong natatandaan na na execute na affidavit?

JUDGE SEVILLE: Samot ta ani

INTERPRETER: Mr Witness, kahinumdum ba ka na naa kay gi execute na affidavit

WITNESS (ALPARA): oo

INTERPRETER: Yes

PROSECUTION: I am showing to you this judicial affidavit with 5 pages would you recognize
this?

INTERPRETER: Mao ba ni na papel na naay lima ka pahina. Katong lima kabuok na page.

WITNESS (ALPARA): mao ni

INTERPRETER: Yes

PROSECUTION: In page 5 of the judicial affidavit, theres a signature above your written
name. Is this your signature?

INTERPRETER: Sa ikalimang pahina sa imong affidavit, adunay pirma. Mailhan ba nimo na

imo nang pirma?

WITNESS (ALPARA): yes

PROSECUTION: Your honor, with the identification of this judicial affidavit we respectfully
pray that this be marked as Exhibit A and the signature be marked as exhibit
A-1.

JUDGE SEVILLE: Mark them

PROSECUTION: Your honor, the prosecution respectfully pray that the death certificate
attached in Annex A be -

JUDGE SEVILLE: You ask first the witness. What paragraph of the affidavit that he mentioned
about the death certificate

PROSECUTION: Mr Witness, In question number 18 you mentioned here that there is the
death certificate which shows the death record of your son. Will you
recognize the same?

INTERPRETER: Sa ika dese otso na nga pangutana imong gi sulti na imoang gi apil ang
autopsy sa imong anak, ang kopya sa death certificate sa imong anak.
Mailhan ba nimo kining papel?

WITNESS (ALPARA): oo

INTERPRETER: Identified your honor

PROSECUTION: With the identification of the death certificate your honor, we pray that the
same be marked as exhibit b

JUDGE SEVILLE: Exhibit b mark it

PROSECUTION: Nothing further your honor

JUDGE SEVILLE: Alright cross

DEFENSE: Your honor we would like to manifest the answer from question number 14
page 4 of the judicial affidavit. We would like to manifest our objection for it
is hearsay your honor. Question 13 answer 13.

JUDGE SEVILLE: What does it say?

DEFENSE: Question 13 asked what did he say exactly?

JUDGE SEVILLE: What was the previous question?

DEFENSE: The previous question was is it referring to his conversation with his son
hippolito? your honor and then

JUDGE SEVILLE: Before he died?

DEFENSE: Yes your honor, however your honor there was no allegation here that it
was in the contemplation of death so it should be inadmissible as to it
amounts to hearsay your honor
JUDGE SEVILLE: For the record, you write down that manifestation, for verification we will
just allow it to be. *13:20*inaudible you raise it that as your cross
examination

DEFENSE: Good evening Mr Witness, you stated in your affidavit that you were in your
residence when this incident happened?

INTERPRETER: Sa pagkahitabo sa insidente didto ka sa inyong panimalay?

WITNESS (ALPARA): oo

INTERPRETER: Yes

DEFENSE: Mr witness, just for clarification, you know of the incident because the
daughter informed you through cellular communication?

PROSECUTION: Objection your honor, the purpose of the testimony is to establish that the
victim died because of the accident.

JUDGE SEVILLE: Objection Overruled

INTERPRETER: Sa imong gi saysay sa ika tulo na pahina sa imo affidavit, nakahibaw raka sa
panghitabo tungod kay gi tawagan ka sa imong anak?

WITNESS (ALPARA): Gitawagan ko sa akong anak

INTERPRETER: Yes

DEFENSE: Mr witness, what did your daughter say?

INTERPRETER: Unsay gi ingon sa imong anak?

WITNESS (ALPARA): Adtong nanawag siya, nanghugas pa ko ug plato sa among balay. Nataranta
ba pag tawag niya sa akoa, pag tubag nako mura siyag nataranta di siya ka
sturya ug tarong. Niana siya na nahospital si hippolito kay na aksidente.

INTERPRETER: When he was washing the dishes, his daughter called her telling him that
hippolito was confined in the hospital because he met an accident.

DEFENSE: How long did it take you to get to the hospital? From your house?

INTERPRETER: Gikan sa pagsturya ninyo sa imong anak, unsa kadugayon ka naka abut sa
hospital gikan sa inyong balay?

WITNESS (ALPARA): Dili kaayo ko maka ingon sa oras kay grabe na kaayo ko ka balaka.

INTERPRETER: He cannot determine the time anymore your honor. He was disturbed

DEFENSE: So you have no recollection as to the travel from your house and how long it
took to get to the hospital? However when you reached the hospital you
were you still able to talk to your son?
INTERPRETER: Pag abut nimo sa hospital, nag sturya pamo sa imong anak?

WITNESS (ALPARA): O

INTERPRETER: Affirmed your honor

DEFENSE: What did he say exactly

INTERPRETER: Unsa man iyang gi sulti

PROSECUTION: Objection your honor, the question is already answered in the judicial
affidavit

JUDGE SEVILLE: Overruled

PROSECUTION: Same question your honor

WITNESS (ALPARA): Ni ingon siya nako na, nangutana man ko niya unsay nahitabo, ni ana siya na,
gahinayhinay ra kuno siya ug dagan, naay nikalit lang ug overtake sa iyang
wala na multicab mao nang nalabay siya

INTERPRETER: While driving slowy along the road then suddenly a motorcycle aw multicab
suddenly overtook the left side that caused him to be thrown away

DEFENSE: Excuse me your honor, but that is not an accurate translation of the events

JUDGE SEVILLE: Its not accurate. Priso ka ana ron. Again

DEFENSE: Your honor, so that the interpreter may. To allow the interpreter some time
to contemplate on the answer of the witness. Ill ask another question to the
witness. Mr Witness, during the time when you reached the hospital you
were still able to speak with your son is that correct?

INTERPRETER: Pag abot daw nimo sa hospital, naka istorya pa ba nimo imong anak?

WITNESS (ALPARA): Oo

INTERPRETER: Affirmed your honor

JUDGE SEVILLE: Pag yes lang nag affirm affirm ka diha

INTERPRETER: Yes daw your honor

DEFENSE: So Mr Witness, you were then able ot speak to your son who was then able
to narrate what allegedly occured or happened to him that put him in the
hospital.

INTERPRETER: Pag abot nimo sa hospital nahimo paba ang pag sturya nimo sa imong anak
nimo. Na saysay paba niya ang unsay nahitabo

WITNESS (ALPARA): Oo

INTERPRETER: Yes

DEFENSE: Mr Witness, what did he say exactly?

INTERPRETER: Unsa man jud diay iyang gi sulti nimo?

WITNESS (ALPARA): Ingon siya nako na, nagpahinay ra sila ug dagan didto sa dalan, nyaq nik
ang ug liko ang sakyanan sa wala, wa man silay signalsignal, mao to na

nabangga siya sa wala na bahin sa sakyanan. Ma tong nahitabo. Na lagpot

man siya.

INTERPRETER: He was driving slowly then a certain multicab suddenly overtook the left
side which caused him to overthrown away.

PROSECUTION: Again your honor, we would like to manifest our objection to the credibility
of the testimony your honor, because firstly the narration of the witness Mr
Alpara your honor is not compatible with his statement in the testimony

JUDGE SEVILLE: Just let him answer what he has seen at the scene of the incident. Just let
him answer if he has the information

DEFENSE: Mr Alpara, your knowledge of the incident was it obtained from your son?
When you arrived at the hospital, your knowledge of the incident was
obtained from your son hippolito?

INTERPRETER: Ang imong sulat aning affidavit bahin sa panghitabo, nakuha ba nimo gikan
lang sa imong anak sa iyang gi sulti sa pag abot nimo sa hospital?

DEFENSE: You were not there in the incident? You were not there in the place of the
incident Mr Witness?

INTERPRETER: Wala ka didto adtong nahitabo ang disgrasya?

WINTESS (ALPARA): Wala

INTERPRETER: He was not there

DEFENSE: Mr Witness, also, you stated in your judicial affidavit, that on the following
day you proceeded to the office of the traffic control grouProsecution: is
that correct?

INTERPRETER: Gi sulti nimo sa imong apidabit na ika tulo nga adlaw niadto ka sa opisina
traffic control group?

WITNESS (ALPARA): Oo

INTERPRETER: Yes

DEFENSE: What were you doing there?

INTERPRETER: Unsa imong gi buhat didto?

WITNESS (ALPARA): Nangutana raman ko unsay dapat buhaton. Nag sturya rami sa usa ka pulis.
Nag sturya mi sa unsay buhaton. Naa toy information didto kung unsay
ngalan sa nagdrive sa multicab na nagbangga sa akong anak.

INTERPRETER: He was there to ask on what to do of what happened to his son, and that
there he was shown a paper about hte incident.

DEFENSE: Again mr witness, your knowledge about the accident, was only gained from
the information given by the police. Is that correct?

INTERPRETER: Ang imong nahibaw-an sa nahitabo base ra sa unsay gi sulti sa pulis

inspector sa imoha?

WITNESS (ALPARA): Oo

INTEREPRETER: Yes

DEFENSE: Mr witness, when did your son pass away?

INTERPRETER: Kanus-a namatay imo anak

WITNESS (ALPARA): Agusto 31, lima ka adlaw pagkahuman sa panghitabo

INTERPRETER: August 31, 5 days after the accident

DEFENSE: What year was that Mr Witness?

INTERPRETER: Unsang tuiga sa pagkamatay

WITNESS (ALAPARA): 2014

DEFENSE: The incident happened on what date Mr Witness?

INTERPRETER: Unsa ang eksakto na petsa sa pagkamatay?

WITNESS (ALPARA): August 25

DEFENSE: I have no more questions. Let it be put in record our objection

JUDGE SEVILEE: Did he establish the civil liability?

JUDGE SEVILLE: Not yet? No? Only the incident? There ais no damages for civil liability?

JUDGE SEVILLE: No redirect?

PROSECUTION: No more your honor

*inaudible

PROSECUTOR: We want to manifest in record that the purpose of presenting the witness is
to establish the death

JUDGE SEVILLE: Yes that has already been taken u

PROSECUTION: Thats all

JUDGE SEVILLE: You are excuse. Defense.

2nd Case

JUDGE SEVILLE: Appearances for the prosecution

JUDGE SEVILLE: For the state? Fiscal Mejong? Private Prosecutor Atty Mahinay.

JUDGE SEVILLE: For the Accused?

DEFENSE: Atty Joan Ondong your honor

JUDGE SEVILLE: and Atty Monares, and Atty Pascual

DEFENSE Yes your honor

JUDGE SEVILLE: Was the accused already arraigned last time?

DEFENSE: Yes your honor

JUDGE SEVILLE: Ok you may sit down

JUDGE SEVILLEE: Ok present your first witness fiscal

PROSECUTION: Your honor at this point, the defense would like to manifest that there was
substantial amendment with the judicial affidavit of the prosecution, and it
is an amendment after the plea, so it should have filed for a leave of court
and the amendment should not be prejudicial to the right of the accused.
However, the amendment was prejudicial because it introduced additional
evidence; additional judicial affidavit and they substantially changed the
previous affidavit. However your honor, in the spirit of candor to the
prosecution, we are prepared to proceed with the defense if we are going
to scrap the amendment and proceed with the previously submitted
affidavit.

JUDGE SEVILLE: Ok its your choice, its your call. Its the prosecutions call on what affidavit
to present. Are you ready to present your first witness?

PROSECUTION: Your honor, as we can remember last meeting you gave us the go signal to
make substantial changes in our judicial affidavit.

JUDGE SEVILLE: Youll present now your first witness? And your affidavit was identified as
the one with the correction?

PROSECUTION: There was a correction your honor but it was not substantial as to the first
witness your honor.

JUDGE SEVILLE: Youll present the first witness?

PROSECUTION: Yes your honor

JUDGE SEVILLE: You have additional affidavits?

PROSECUTION: Yes your honor for other witnesses

DEFENSE: Your honor we would like it to be put on record that the we object the
amendment to the judicial affidavit.

JUDGE SEVILLE: Aw yeah, if it will be presented. As of this moment, you will present the first
witness?

PROSECUTION: Yes your honor

JUDGE SEVILLE: And that you will identify the affidavit that they executed

PROSECUTION: Yes your honor

JUDGE SEVILLE: Ok proceed, present your witness

Who is the first witness?

PROSECUTION: Your honor, may we present our first witness

JUDGE SEVILLE: Alright qualify the witness?

BAILEEF: Do you swear to tell the truth nothing but the truth so help me God?

WITNESS (RUSTICO): Yes

JUDGE SEVILLE: Louder Clerk so that they will hear

BAILEEF: For the record your honor the witness is Rustico Dela pea, 25, Married,
owned a restaurant

PROSECUTION: Actually your honor we have two judicial affidavit for this witness, first is
the judicial affidavit and we have a supplemental affidavit after your honor

PROSECUTION: We would be identifying the affidavit

DEFENSE: Objection your honor, we did not receive any supplemental affidavit

PROSECUTION: Your honor, I actually submitted it last last week. What we already
submitted was the amended judicial affidavit. The supplemental judicial
affidavit was not amended your honor, and because of that we did not
furnish another copy

JUDGE: You just make use of the affidavit wherein they have a copy

PROSECUTION: We already gave them the copy, your honor

JUDGE SEVILLE: The two affidavits?

PROSECUTION: Yes your honor

DEFENSE: Your honor may we clarify the prosecution, we will use the amended
judicial affidavit that they submitted last last week, and we will use the
supplemental judicial affidavit this time around?

JUDGE SEVILLE: How many affidavits all in all?

PROSECUTION: Two judicial affidavits for one witness your honor

JUDGE SEVILLE: Okay okay. We will check whether you have the copy of the affidavit they
are going to identify. Who will conduct the direct?

PROSECUTION: Me your honor

JUDGE SEVILLE: Not the private prosecutor?

PROSECUTION: He will just conduct for the other witness

DEFENSE: Your honor we would like first to manifest to be able to peruse the judicial
affidavit to see if we have the same

JUDGE SEVILLE: Yeah yeah compare first in fairness, in the interest of justice make the
comparison. Fiscal Mejong? You have the same affidavit?

JUDGE SEVILE: You State the purpose

PROSECUTION: So. The affidavit or testimony your honor has been offered as evidence to
prove the act the accuse that caused the damage to the victim Rustico the
act was reckless imprudence

JUDGE SEVILLE: Will he identify the affidavit?

PROSEECUTION: Yes your honor

JUDGE SEVILLE: And the affidavit will serve as his direct testimony?

PROSECUTION: Yes your honor

JUDGE SEVILLE: Take note ha thats usually the purpose, because the judicial affidavit will
serve as his direct testimony. Otherwise you will have no basis for your case.
Ok proceed. Fiscal

PROSECUTION: Mr Witness, do you remember having executed the judicial affidavit in

relation to the case?

WITNESS (RUSTICO): Yes Atty

JUDGE SEVILLE: Do you understand English?

WITNESS (RUSTICO): A little bit your honor

PROSECUTION: I will show you the judicial affidavit; will you be able to identify it? I am
showing to you the judicial affidavit containing 8 number of pages are you
referring to this judicial affidavit?

WITNESS (RUSTICO): Yes it is my affidavit

PROSECUTION: Now on the 6th page of this judicial affidavit, there is a signature appearing
above the name Rustico, whose signature is this?

WITNESS (RUSTICO): Thats mine Atty

PROSECUTION: With the identification your honor of the judicial affidavit we pray that the
same be marked as exhibit. Your honor we pray that the affidavit be marked
as exhibit A and the signature are marked as Exhibit A-1.

JUDGE SEVILLE: Mark them

PROSECUTION: Your honor we request that we let the witness identify the annexes

JUDGE SEVILLE: You use the affidavits as your bases, by saying that in paragraph or in
question number, you use that as your basis because you identified already
the affidavit

PROSECUTION: In question number 2 regarding the drivers license. Could you identify that
the annex of your drivers license is.. Is this yours?

WITNESS (RUSTICO): Yes thats mine

PROSECUTION: For the information of the other members, whats the question of number
2.

Do you have a drivers license and the answer is?

WITNESS (RUSTICO): Yes I have with me the original photocopy of the ID and the photocopy was
attached as Annex A

JUDGE SEVILLE: So the copy now of the,.. What are you marking the photocopy or the
original

PROSECUTION: The photocopy

JUDGE SEVILLE: You ask the opposing counsel to make a comparison to make sure that the
photocopy is a faithful reproduction of the original. Do you have the
original?

PROSECUTION: Yes

JUDGE SEVILLE: Why do you have a different name?

PROSECUTION: Its only for the purposes of the exhibit your honor; we only changed the
name, and not the face.

JUDGE SEVILLE: If it is stipulated as that

DEFENSE: No objections your honor

PROSECUTION: Now In question number 3, regarding the registration of your vehicle, there
is also a certificate of registration attached as annex B, could you identify
this if this is the one?

WITNESS (RUSTICO): Yes attorney

JUDGE SEVILLE: How many annexes do you have?

PROSECUTION: Until Annex I

JUDGE SEVILLE: 9? do you have a copy of the annexes?

PROSECUTION: Your honor, we have the copy but there is a little confusion, we would just
like to confirm because we have two annexes that are labelled B, which is
the certificate of registration and the other one certification of the police
report

JUDGE SEVILLE: Annex B?

PROSECUTION: its for a different witness. For the police

JUDGE SEVILLE: So its correct? A to I? For witness number 1?

The supplemental affidavit? When are you going to mark it?

PROSECUTION: After the annexes your honor.

JUDGE SEVILLE: So complete the annexes A to I? so youre going to stipulate that? The
annexes? A to I?

Then the Supplemental affidavit? Proceed nalang so that they can have the
cross examination immediately.

Are there annexes also for the supplemental affidavit?

PROSECUTION: Just one your honor

JUDGE SEVILLE: Only 1?

PROSECUTION: Yes your honor

JUDGE SEVILLE: The same date? The main affidavit and the supplemental affidavit? Which is
later?

PROSECUTION: The supplemental. Because in the supplemental your honor it was about
hte receipt of the repair of the car.

JUDGE SEVILLE: Is it mentioned in the information that it was damaged to that extent?

PROSECUTION: Yes your honor.

JUDGE SEVILLE: Can we proceed with the supplemental, so that they can start with the cross

We have limited time na.

PROSECUTION: Do you remember having executed a supplemental judicial affidavit in

relation to this case?

WITNESS (RUSTICO): Yes Atty

PROSECUTION: If I will show it to you the supplemental judicial affidavit, would you be able
to identify it?

WITNESS (RUSTICO): Sure

JUDGE SEVILLE: Sure pa

PROSECUTION: I am showing to you this judicial affidavit containing 4 pages, are you
referring to this judicial affidavit?

WITNESS (RUSTICO): Yes Atty

JUDGE SEVILLE: For the information of the class. Atty Mahinay would you enlighten the class
what this incident is all about? What is this information about?

PROSECUTION: This information filed your honor is about a charge filed for reckless
imprudence resulting to damage to property charged to the respondent.

JUDGE SEVILLE: Why? What happend here?

PROSECUTION: According to the original complaint, what happened was while the
complainant was in his restaurant across Velez Hospital, a car was parked
outside. At 1:25 pm, he was about to get something in his car, upon getting
up, he saw the respondent, a woman, Ms Susan talking to a washer carboy,
and then all of a sudden respondent maneuvered backward.

JUDGE SEVILLE: Now the accused?

PROSECUTION: Yes.

JUDGE SEVILLE: Maneuvered backward, faced the car of the complainant, and then the
complainant

So the accused was driving a car? Because only the complainant is

maneuvering backward? She drove her car? She maneuvered the backing
and hit the car of the complainant.

PROSECUTION: Yes

JUDGE SEVILLE: So the car of the complainant was parking?

PROSECUTION: Yes it was stationary your honor. According to the complaint your honor
there was a 6 meter distance and then when the vehicle of the accused hit
the vehicle of the complainant, the complainant told the accused to turn off
their engine but continued to, so the vehicle of the complainant was only 3
meters. After that, they talked about the insurance, that the accused will
pay but over the insurance. But complainant, according to him, he was
assured that the accused would pay for a rental. Because the car was being
repaired.

JUDGE SEVILLE: So you have an idea now what is the cause of filing this information? So, if
the complainant would execute the affidavit of desistance, then you will
pay?

JUDGE SEVILLE: Your honor, our insurance company is ready and able. And willing to pay for
the damage caused through the insurance company if only the complainant
have filed the desistance form. Actually we have here the desistance form
your honor, the offer is still on the table, we will pay for the damages if only
the complainant will sign the desistance form
 The insurance company does not want to pursue the incident your honor
because it is costly, and it will cost more to pursue for the litigation than the
payment.

JUDGE SEVILLE: Maybe we will have continuance. We will try to make the parties agree on
that particular issue. That they are willing to pay. But how about the
participation? And the rentals?

How much is the rental?

PROSECUTION: 500 pesos per day

JUDGE SEVILLE: All in all how much?

PROSECUTION: 500 only

JUDGE SEVILLE: Only? 500?

PROSECUTION: For 2 days your honor

JUDGE SEVILLE: So if 500 per day, 1000?

PROSECUTION: 1000 your honor

JUDGE SEVILLE: Ikaw nalay bayad!

PROSECUTION: I would like to clarify because I have an approximation. They were asking for
500 per day times the number of days.

JUDGE SEVILLE: Maybe you can continue discussing this. Maybe if the parties agreed and
you come up with the settlement and the civil liability, so that one case will
be removed from the docket. We can focus on the first case. Without
admitting any liability. Anyway it will be charged to the insurance. We will
see ha? How the parties will come up with a compromise agreement on the
said laibility. Then we show it to the entire class that this is an example of a
settlement by agreeing in the compromise

So I will give you another 2 weeks

So ordered.