1 REPUBLIC OF THE PHILIPPINES

2 REGIONAL TRIAL COURT

3 NATIONAL CAPITAL JUDICIAL REGION
4 MAKATI CITY, BRANCH XXX
5
6
7
8 PEOPLE OF THE PHILIPPINES,
9 Plaintiff,
10 Crim. Case No. 01-0269
11 - versus - For: Murder
12
13 PO3 Adam Ebanes
14 PO1 Carlo Cruz
15 PO1 Martin Santos
16 Accused.
17
18 x--------------------------------------------x
19
20
21 OFFICIAL TRANSCIPT OF PROCEEDINGS
22 (TRIAL DAY THREE)
23
24
25 Makati City, Philippines
26 September 29, 2017
27
28BEFORE:
29
30 The Honorable Racquelen Vasquez, Judge.
31
32APPEARANCES:
33
34 For the Prosecution:
35 Atty. Forrah Ramos
36 Assistant City Prosecutor
37 Atty. Juan Paolo Ollero
38 Private Prosecutor
39
40 For the Defense:
41 Atty. Mark Ong
42 Atty. Gianna Maree Pealosa
43
44
45FORMAL OFFER OF DOCUMENTARY
46EVIDENCE FOR THE PROSECUTION
47
48CLERK OF COURT:
49Lance Cedric Egay Dador
50Makati City, Philippines

51COURT INTERPRETER:
52Abegail Protacio Guardian
53Makati City, Philippines

54TRANSCRIBED BY:
55Rachelle Wendy G. Jaramillo
56Official Transcriber
57Makati City, Philippines

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 1 {Whereupon, at 6 oclock in the evening, September 29, 2017 before the
2Honorable Racquelen Vasquez, Judge, in Makati City Courtroom Number Four, the
3following commenced:}

4 PROCEEDINGS

5The Clerk: Session resumed.

6The Court: *Bangs gavel* Call the case.

7The Clerk: For the formal offering of documentary evidence for Criminal Case No. 01-
80269, People of the Philippines vs. PO3 Adam Ebanes, PO1 Carlo Cruz, and Martin
9Santos for the crime of Murder.

10 The Court: Appearances.

11Prosecution: Atty. Ramos, Your Honor appearing for the same.

12Prosecution: Your Honor, Atty. Paolo Ollero, appearing for the private complainant Ria
13Ola.

14Defense: Your Honor, Atty. Mark Ong for the accused.

15Defense: Atty. Pealosa for the accused, Your Honor.

16The Court: Okay, ready to formally offer your exhibits?

17Prosecution: Your Honor, we would like to manifest for the remarking of the exhibits.

18The Court: What particular exhibit?

19Prosecution: From exhibits N up to Q.

20The Court: Where are the documents?

21Court Interpreter: Counsel for the prosecution approached the Clerk of Court to hand
22over the documents/exhibits.

23The Court: So N would be exhibit O?

24The Clerk: Yes, Your Honor. Since two documents were marked as exhibits N, the
25counsel for the prosecution would like to change the other document as exhibit O.

26The Court: Okay, remark it. Do it one by one so the defense counsel will be informed,
27defense take note as they are having their documents remarked, you might be confused
28later when you give your comments or objections.

29Prosecution: The N should be O and the exhibit previously offered as O should be P.

30The Court: No, you dont say it like that because the stenographer cannot record it.
31Describe the documents.

32Prosecution: Yes, Your Honor. For the remarking of exhibits, let this College of Diploma
33previously marked as N be marked as exhibit O; let the Medical Diploma remarked as
34exhibit P; let this be PRC ID remarked as exhibit Q; let this be PNP ID be remarked as
35exhibit as R; let the Curriculum Vitae be remarked as exhibit R; Certificate of Barangay
36Chairman be marked as Q; and the affidavit of Josefa Miguella Salangat as exhibit

37Defense: Your Honor, we would like to manifest that exhibit E and M are one and the
38same. Both are police blotter. The same document.

39The Court: Okay. What exhibits are that?

40Defense: E and M, Your Honor. Sanction the Clerk of Court.

41The Court: Both are police blotter?

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 1Defense: Yes, Your Honor. The first police blotter was marked as Exhibit E and the
2second copy was marked as exhibit M.

3The Court: Okay, you choose what document will be excluded and remain.

4Prosecution: Your Honor, the M will be removed.

5The Court: Okay, we need to do our remarkings again because of the exclusion of
6exhibit M, the remaining documents need to be adjust.

7Prosecution: Let this be PNP Manual be remark as exhibit M; let this College Diploma
8be remark as exhibit N; the Medical Diploma be remark as O; the PRC ID as P; the PNP
9ID as Q; the Curriculum Vitae as R; the Barangay Certificate as S; and the Affidavit of
10Josefa Miguella Salamat as T.

11The Court: Is that the last exhibit?

12Prosecution: Yes, Your Honor I would like to formally offer these exhibits as evidence.

13The Court: Okay, kindly received with your formal offer of your exhibits. What happened
14to the other exhibits? From A to M?

15A lecture was conducted while the Prosecution grab the remaining documents/exhibits *1

16Prosecution: Your Honor, for documentary evidence, we would like to formally offer the
17following:

EXHIBITS DOCUMENT PURPOSE

A Birth Certificate of James (1) Personality to file

Vincent Ola the case; (2)
Entitled to damage

B Death Certificate of James Establish and prove that

Vincent Ola the victim died on the night
of July 8, 2017

C Autopsy report (1) To prove that the

victim (JVO) was
shot at his back; (2)
Prove that he was
shot at close range;
(3) Prove that there
was 3 entry wounds
and 3 exit wounds

D Medico Legal Report (1) Prove that JVO

died due to cardiac
arrest as a
consequence of
being shot 3 times.

E Police Blotter (1) Prove that JVO

body was found at
the end of Umbel
St., near Taguig
River

11 * Remember class, formal offer is being presented well it depends on the kind of evidence. If testimonial,
2the formal offer is for you to present the testimony of the witness and the object as well as the
3documentary exhibits are presented after the witnesses have already testified.

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 F Map of the Vicinity: To establish and prove the
Barangay Pembo location of the body of the
victim was found at the
secluded area of Umbel St.

G Receipts of the Funeral To establish and prove that

Services from St. Peter the private complainant is
entitled to damages in the
amount paid for.

H CCTV screenshot The purpose is to establish

that there is a CCTV
footage that was captured

H1 Submarking of CCTV Establish and prove that

screenshot as to the body the body of the victim is
of JVO facing down.

I Certification that JVO Is The document is being

not included in the drug offered to establish and
watch list. prove that there was no
valid police operation
during the incident.

J List of the names of the Purpose is to establish the

drug watch list name of JVO was not
included here hence no
valid operation

K Affidavit of PO1 Glenn To establish and prove that

Sartillo a police blotter was
executed by PO1 Sartillo

L Affidavit of Paolo Cruz (1) To establish that

Paolo Cruz was an
eyewitness; (2) to
establish and prove
that the police
officers shot the
victim

M PNP Handbook/ Manual (1) The purpose is to

establish what is a
valid police
operation (2) to
establish that the
police did not
comply with the
valid police
operation as
prescribed by the
Manual.

N College Diploma of the The purpose of these

expert witness Medico exhibits/documents is to
Legal Dr. Franz G.

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 O Medical Diploma of the establish that he is an
expert witness Medico expert witness.
Legal Dr. Franz G.
(Exhibits N-R)

P (Photocopy) PRC ID of the

expert witness Medico
Legal Dr. Franz G.

Q (Photocopy) PNP ID of the

expert witness Medico
Legal Dr. Franz G.

R Curriculum Vitae of the

expert witness Medico
Legal Dr. Franz G.

S Certificate of Barangay Purpose is to establish that

Chairman of Brgy. Cap. she was authorized to
Josefa Miguella Salangat retrieve and produce the
CCTV footage.

T Affidavit of Jose Miguel

Salangat

1The Court: Did you submit evidence as far as expenses are concern? Receipts?

2Prosecution: Yes, Your Honor. Funeral expenses.

3The Court: Will that be all?

4Prosecution: No, your Honor.

5The Court: There are object evidence? Okay.

6Prosecution: Your Honor, we would like to present additional document evidence.

7Your Honor: Go on. Anyway, the defense will object later. Was that marked during the
8Pre-trial?

9Prosecution: No, Your Honor.

10The Court: Was that identified during the presentation of the witness?

11Prosecution: No, Your Honor. This is the first time.

12The Court: If an evidence is not presented nor identify during the pre-trial then it couldnt
13be admitted. Its not even marked during pre-trial so it couldnt be use.

1Prosecution: Your Honor, even though we reserved such rights for the presentation of
2evidence?

3The Court: Yes, even if you reserved and such evidence was not identified or marked
4during the proceeding then it couldnt be formally offer. You reserved your right as to the
5presentation of additional documents but it should be identified and marked during the
6trial. It is excluded and it cannot be formally as an evidence since it was never identified
7nor marked during the proceedings. The reservation is only because at the time of the
8pre-trial, the document was not yet available but during the course of the trial, the
9document should be presented to be identified. The evidence cannot be formally offered
10without being marked and identified. You cannot just include or formally offer evidence
11which was not identified or admitted. Ano ba yan?

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 1Prosecution: Memorandum, Your Honor. How about the slugs your Honor, I was able to
2mentioned them during trial which was registered under the police officers, can we still
3present the memorandum?

4The Court: It should have been identified by the investigator officer. The one who did the
5investigation at the crime scene. What did you see/find at the crime scene? And then the
6officer would answer, I recovered some slugs in the crime scene.

7Prosecution: Your Honor, we would like to tender excluded evidence.

8The Court: Okay, proffer of evidence. Had these documents been admitted it would
9have established that these are the slugs recovered by the investigator from the crime
10scene.

11Defense: Your Honor, its not the slug but only the memorandum.

12Prosecution: So we cant present the gun and the slugs?

13The Court: Yes. They have to be marked as well.

14Defense: So all of these are inadmissible?

15The Court: Yes, this should have been presented and identified during the testimony of
16the police investigator since it was him who recovered it during the investigation in the
17crime scene. Diyan nangyayari ang technicalities, kaya may mga accused na may
18kasalanan talaga. Nakakawala. However, since the prosecution have not yet rested its
19case, the prosecution can request that PO1 Sartillo be recalled the witness stand.

20Defense: Your Honor, continuous trial and right speedy trial of our clients.

21Prosecution: For the interest of justice, Your Honor.

22Defense: How about demurrer of evidence, Your Honor?

23The Court: Demurrer of evidence is only after the prosecution rested its case.

242* Rest niyo na, irest niyo na!

25Defense: We win by technicality.

26Prosecution: But the Court as previously stated that the elements for the crime of
27murder was already established.

28Defense: Petition for bail na lang since the evidence is not strong against the accused.

29Prosecution: Your Honor, since this is the first time we are doing Practice Court. Its not
30like we have experience or anything and we extended the same courtesy a while ago
31towards the defense on the presentation of evidence.

32Defense: We would like to manifest that they dont want to admit the warrant of arrest
33that we were presenting.

34The Court: Considering that we only have one meeting left before the midterms
35examination.

36Prosecution: We move for the extension of exam.

37Prosecution: Your Honor, we move that instead of having a written examination, we

38have this as our midterms.

39Defense: We second the motion.

40The Court: Okay, since PO1 Sartillo is currently in dispose and cannot testify.
41Prosecution, are you done with the formal offer of your exhibits so we can proceed with
42the objections?

12 Said by a group of people. Almost the entire class.

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 1Prosecution: Yes, Your Honor. That is all.

2The Court: Okay, comments and objections from the defense?

3Defense: Yes, Your Honor. We have no comments as to exhibits A, B, C, however for

4exhibit D3, the cause of death is internal bleeding due to the shots however when the
5prosecution offered the same she stated that the cause of death was cardiac arrest; with
6exhibits E, F, and G, we have no objections; with exhibit H & H1, we would like to
7manifest that the screenshot only shows 1 person which is the victim but the testimony
8of the Barangay Chairman a while ago was that it showed three (3) people dragging the
9accused; as to exhibit I we object as to the purpose of theres no valid police operation
10and in connection with that exhibit J, the drug watch list because the list per se is not
11proof of any police operation hence the proof offered is irrelevant; exhibit K, no objection;
12exhibit L, refer to the records that we made a manifestation that he gave inconsistent
13testimony so we moved for his impeachment as a witness; exhibit M to T, no objections.

EXHIBITS OBJECTIONS

A, B, & C NO OBJECTIONS

Exhibit D The cause of death is internal bleeding

due to the shots however when the
(Medico Legal report) prosecution offered the same she stated
that the cause of death was cardiac
arrest

E, F, G NO OBJECTONS

H in relation to H1 We would like to manifest that the

screenshot only shows 1 person which is
(CCTV screenshot) the victim but the testimony of the
Barangay Chairman a while ago was that
it showed three (3) people dragging the
accused

Exhibit I (Cert. that JVO was not included in
the drug watch list) in relation to Exhibit J (list
of the names of the drug watch list)
we object as to the purpose of theres no
valid police operation and in connection
with that exhibit J, the drug watch list
because the list per se is not proof of any
police operation hence the proof offered
is irrelevant

Exhibit K NO OBJECTIONS

Exhibit L Referring to the records that we made a

manifestation that he gave an
(Affidavit of Paolo Cruz) inconsistent testimony so we moved for
his impeachment as a witness

Exhibits M-T NO OBJECTIONS.

14Defense: That is all, Your Honor.

15The Court: Okay, I will now rule on the formal offer of evidence. Ruling now the formal
16offer of evidence for the prosecution as well as the objections orally made by the
17defense counsels. This Court after evaluating the purposes as well as the objections

13 It was manifested that the cause of death was cardiac arrest due to internal bleeding.

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1hereby resolve to admit Exhibits A to T for their purposes of which they are offered. The
2comments and objections of the counsel for the accused are hereby admitted.

3Prosecution: In view of the admission of the documentary exhibits, the prosecution

4hereby rests its case.4

14 The Court: Once the prosecution rests it case, it is now the turn of the defense to prove or to present
2evidence in order to contradict or refute the prosecution.

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