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REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION


REGIONAL TRIAL COURT
BRANCH 199
Las Piñas City

PEOPLE OF THE
PHILIPPINES,

- vs. - CRIM CASE NO. 14-0924

JERRY UY (JOSAN),
Accused.

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TRANSCRIPT

of stenographic notes taken during


the hearing of the above entitled
case on 24 March 2017 before the
sala of HON. JOSELITO dj.
VIBANDOR, Presiding Judge of this
Court.

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PRESENT IN THE COURT:

Hon. Josèlito dj. Vibandor


Presiding Judge

Jemmalyn Salamari
Clerk of Court
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APPEARANCES:
Ruel Bernales / Aggabao / Manuel Ibañez / Kevin Lester Reñas /
Amancilo Valdez / Lasan Mohammad /Kevin Lester Reñas
Private Prosecutors

Villamar Redmill / Mary Castro / Jonnel Selis /Laus Sharmaine


/Brando Bernardo / Sonny Laos /Miguel Solaire / Diaz
Bernandette /Jonnel Selis
Public Prosecutor

Mareca Domingo / Theresa Laura Hillario / Divina Ongoko


Counsel for the Accused

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WITNESS:
Corazon Escabel
John Orion Balledo / Gonzales Janine
t.s.n.-
Crim Case No.: 14-0924
Witness: Corazon Es
March 22, 2017
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TRIAL PROCEEDINGS

CLERK OF COURT
All rise. Witness the Honorable Judge Jose
Vibandor.

COURT
Let us first invoke the presence of God.

(PRAYER)

COURT
Thank you, good evening. This court is now in
session. Call the case.

CLERK OF COURT
People vs. Jerry Uy

COURT
Appearances?

PRIVATE PROSECUTOR (BERNALES)


Your Honor Atty. Ruel Bernaldes private
prosecutor under the direction and control of
the public prosecutor.

COURT
Where is the accused?

JOSAN
Present Your Honor.

DEFENSE COUNSEL (MARECA DOMINGO)


I am Atty. Mareca Domingo appearing as
counsel for the accused Your Honor.

COURT
Ready for arraignment?

BERNALDES
Yes Your Honor.

DOMINGO
Yes Your Honor.
t.s.n.-
Crim Case No.: 14-0924
Witness: Corazon Es
March 22, 2017
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x----------------------------------------------x
COURT
Let us arraign the accused in English. By the
way, where is the private complainant?

PRIVATE COMPLAINANT (BALLEDOR JOHN ORION)


Present Your Honor.

COURT
Okay, the private complainant is present.
Arraign the accused in English.

COURT INTERPRETER
That on or about 13th day of September 2013 in
the City of Las Piñas, Philippines and
within the jurisdiction of this Honorable
Court, Jerry Uy accused with intent to kill
and by means of treachery and evident
premeditation and without justifiable cause,
the said accused did then and there
unlawfully and feloniously attack assault,
and use violence upon the victim 16 years
old, by then and there repeatedly stabbing
him with a fan knifed (balisong) thus,
performing all the acts of execution which
would produce the crime of murder as a
consequence but which nevertheless produce it
by reason of causes independent of the will
of the accused that is because of the timely
and medical assistance rendered to said
victim which prevented his death. Contrary to
law. How does the accused plea?

COURT
The question should be, what is your plea?

ACCUSED (JOSAN)
Not guilty Your Honor.

COURT ISSUES ORDER FOR THE ARRAIGNMENT OF THE


ACCUSED)
COURT
Counsel how many trial dates to you need?

PRIVATE PROSECUTOR (RUEL BERNALDES)


t.s.n.-
Crim Case No.: 14-0924
Witness: Corazon Es
March 22, 2017
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x----------------------------------------------x
Fifteen days Your Honor.

COURT
Trials dates counsel. How many witnesses do
you have?

PRIVATE PROSECUTOR
Only one (1) Your Honor.

COURT
Only one (1)? Fiscal take over?

PUBLIC PROSECUTOR (VILLAMAR REDMILL)


Your Honor may we request for five (5) trial
dates.

COURT
Let us give the prosecution five (5) trial
dates. For pre-trial and trial on? Clerk of
Court.

CLERK OF COURT
March 22.

COURT
For the presentation of…

PUBLIC PROSECUTOR.
Corazon Escabel, the private complainant Your
Honor.

COURT
How is the private complainant related to the
victim here?

PUBLIC PROSECUTOR
Your Honor the private complainant is the
auntie of the victim Your Honor.

COURT
For continuation of trial on?

CLERK OF COURT
April 7 Your Honor.
t.s.n.-
Crim Case No.: 14-0924
Witness: Corazon Es
March 22, 2017
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COURT
For witness?

PUBLIC PROSECUTOR
Melvin Balbastro Your Honor.

COURT
And on?

CLERK OF COURT
April 14 Your Honor.

COURT
For witness?

PUBLIC PROSECUTOR
Michael Villavicencio

COURT
And on?

CLERK OF COURT
April 21 Your Honor.

PUBLIC PROSECUTOR
Nestor Luzung Your Honor.

COURT
No more?

PUBLIC PROSECUTOR
And also on the same date Your Honor, Nestor
Candelaria.

COURT
Let proper subpoenas be issued to the
aforesaid witnesses. Where is the private
complainant?

PUBLIC PROSECUTOR
The auntie of the victim Your Honor.

COURT
How old is the victim?
t.s.n.-
Crim Case No.: 14-0924
Witness: Corazon Es
March 22, 2017
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PUBLIC PROSECUTOR
The victim is a minor 16 years old Your
Honor.

COURT
What is the nature of the case?

PUBLIC PROSECUTOR
The nature of the case Your Honor is
frustrated murder.

COURT
Considering that the victim is a minor, aside
from the order fr arraignment, the court will
also issue here an order directing the court
social worker to conduct a social case study
of the minor victim, his family, environment
and such other matters that will help the
court in the disposition of the case. That
would be in two separate orders. Let us now
proceed to pre-trial. Ready counsels?

DEFENSE COUNSEL
Ready Your Honor.

PRIVATE PROSECUTOR
Ready Your Honor.

COURT
Who will prosecute this case?

PRIVATE PROSECUTOR
The public Your Honor.

(THERE WAS LAUGHTER)

COURT
Mr. Public Prosecutor ready for pre-trial?

PUBLIC PROSECUTOR
Yes Your Honor.

COURT
Again who will conduct the prosecution of
this case?
t.s.n.-
Crim Case No.: 14-0924
Witness: Corazon Es
March 22, 2017
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PUBLIC PROSECUTOR
The public prosecutor will prosecute the case
Your Honor.

COURT
You want to kick out the private prosecutor?
He is here primarily because he wanted to
actively participate in the prosecution of
the case.

PUBLIC PROSECUTOR
Your Honor I would like to withdraw the
manifestation. Because of the renewed faith
of the State to the private prosecutor, we
would want him to conduct…

COURT
That is not how you make a manifestation. I
hereby authorize the private prosecutor to
prosecute the case under my control and
supervision. Go ahead.

PUBLIC PROSECUTOR
I hereby authorized Atty. Bernales to
prosecute the case under my direct control
and supervision.

COURT
(No plea bargaining)
What do you propose for stipulation?

PRIVATE PROSECUTOR
That the accused and victim are co-workers
Your Honor.

DEFENSE COUNSEL
Admitted Your Honor.

PRIVATE PROSECUTOR
That on September 13, 2016…

COURT
When you make stipulation, you go first with
the basic. Number one (1), that the court has
t.s.n.-
Crim Case No.: 14-0924
Witness: Corazon Es
March 22, 2017
-8-
x----------------------------------------------x
jurisdiction over the person of the accused.
What else?

PRIVATE PROSECUTOR
That on September 13…

COURT
Fiscal take over.

PUBLIC PROSECUTOR
Your Honor that on or about the 13th day of
September 2014, within the jurisdiction of
this honorable court, the above herein
accused…

COURT
Okay, we will get another public prosecutor.
Mary Castro.

PRIVATE PROSECUTOR (AGGABAO)


Your Honor I am Atty. M… Aggabao as private
prosecutor under the direct control and
supervision of the public prosecutor.

COURT
Continue, what do you propose for
stipulation?

PRIVATE PROSECUTOR
I propose that that the victim is a minor.

COURT
Not yet. Probably you can stipulate on the
place or venue. That the court has
jurisdiction over the place where the alleged
offense was committed. What else.

PRIVATE PROSECUTOR
That the crime was committed at Pilar
Village, Las Piñas City.

COURT
Number three (3).
t.s.n.-
Crim Case No.: 14-0924
Witness: Corazon Es
March 22, 2017
-9-
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PRIVATE PROSECUTOR
That the accused was residing in…

COURT
When you make a proposal for stipulation, you
have to check what are alleged in the
Information.

PRIVATE PROSECUTOR
That the victim was brought to the hospital
for treatment Your Honor.

COURT
Fiscal take over.

PUBLIC PROSECUTOR (MARY CASTRO)


That the frustrated murder was attended with
evident premeditation?

PRIVATE PROSECUTOR
Not admitted Your Honor.

COURT
Do you think the adverse party will admit
your proposal for stipulation? That is
foolish.

PUBLIC PROSECUTOR
That the accused stabbed the…

PRIVATE PROSECUTOR
Not admitted Your Honor.

COURT
Let us get another one. Manuel Ibañez as
private prosecutor and Jeffrey Ilagan as
public prosecutor. Continue.

PRIVATE PROSECUTOR (MANUEL IBAÑEZ)


That the victim and the accused were co-
workers.

DEFENSE COUNSEL
Admitted Your Honor.
t.s.n.-
Crim Case No.: 14-0924
Witness: Corazon Es
March 22, 2017
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ATTY. IBAÑEZ
That the victim and the accused were living
together in one (1) house.

DEFENSE COUNSEL
Admitted Your Honor.

ATTY. IBAÑEZ
That the accused attacked the victim
repeatedly and stabbed him?

DEFENSE COUNSEL
Not admitted Your Honor.

ATTY. IBAÑEZ
That the victim was brought to the hospital
after the stabbing incident?

COURT
Fiscal take over.

ATTY. ILAGAN
I would like to proposed that the victim
sustained multiple injuries and was
immediately to the hospital for medical
attention.

DEFENSE COUNSEL
Admitted Your Honor.

ATTY. ILAGAN
That Cora Escabel and Melvin Balbastro went
to the police station to give their
testimonies Your Honor.

DEFENSE COUNSEL
Not admitted Your Honor.

ATTY. ILAGAN
That the witness was able to secure medical
attendance that prevented his death Your
Honor.
t.s.n.-
Crim Case No.: 14-0924
Witness: Corazon Es
March 22, 2017
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x----------------------------------------------x

ATTY. ILAGAN
I would like also to propose the admission of
the identity of the accused as stated in the
Information Your Honor.

COURT
Admitted?

PRIVATE PROSECUTOR
Yes Your Honor.

COURT
The identity of the accused, his true and
real name is that appearing in the
criminal Information. Let’s get another
private prosecutor. Kevin. Continue

PRIVATE PROSECUTOR (KEVIN LESTER REÑAS)


Your Honor I am Atty. Kevin Lester Reñas
appearing as private prosecutor.

COURT
Continue

PRIVATE PROSECUTOR
That the accused was at the place of the
incident when…

COURT
They will not admit that. Next?

PRIVATE PROSECUTOR
That the accused and the complainant were
drinking together on the night of September
13.

COURT
That accused and the victim were drinking
together prior to the alleged incident.
Admitted?

DEFENSE COUNSEL
Admitted Your Honor.

COURT
t.s.n.-
Crim Case No.: 14-0924
Witness: Corazon Es
March 22, 2017
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Next.

PRIVATE PROSECUTOR
That Corazon Escabel, the private complainant
is the employer of the accused in the victim
Your Honor.
COURT
Is that relevant? Fiscal?

PUBLIC PROSECUTOR (JONNEL SELIS)


I am Atty. Jonnel Selis. I would like to
stipulate that Melvin Balbastro after the
alleged incident of the house that he ran to
the house of the owner of the store, Cora…

DEFENSE COUNSEL
Not admitted Your Honor.

COURT
That is not admitted. What can be admitted
here? Anyone?

PUBLIC PROSECUTOR
That the victim is a minor at the time of the
commission of the alleged incident.

COURT
Okay, the minority of the victim.

DEFENSE
Admitted Your Honor.

PUBLIC PROSECUTOR
That the victim sustained multiple injuries.

COURT
That has already been admitted, you are not
listening.

PUBLIC PROSECUTOR
That the two (2) barangay tanods, Nestor and
the other one were the ones who brought the
suspect to the police station for the taking…

COURT
t.s.n.-
Crim Case No.: 14-0924
Witness: Corazon Es
March 22, 2017
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x----------------------------------------------x
That is not admitted. No more? Okay, on the
part of the accused. Do you have any proposal
for stipulation?

DEFENSE COUNSEL
None Your Honor.

COURT
None? Are you sure none?

PUBLIC PROSECUTOR
I would like to stipulate that…

COURT
That is already admitted.

PUBLIC PROSECUTOR
None Your Honor.

COURT
Mark your documentary exhibits. Private
prosecutor.

PRIVATE PROSECUTOR
Your Honor I would like to move for the
admission of the…

COURT
Not admitted.

PRIVATE PROSECUTOR
I offer…

COURT
Not offer. Mark.

PRIVATE PROSECUTOR
Your Honor I would like to move for the
marking of the sinumpaang salaysay ng pag-
aresto…

COURT
Did the victim executed a sinumpaang
salaysay?

PRIVATE PROSECUTOR
t.s.n.-
Crim Case No.: 14-0924
Witness: Corazon Es
March 22, 2017
- 14 -
x----------------------------------------------x
No Your Honor.

COURT
Okay.

PRIVATE PROSECUTOR
I would like to move for the marking of the
sinumpaang salaysay of Corazon Escabel as
Exhibit “A” Your Honor. I would also like to
move for the marking of the sinumpaang
salaysay of Danilo Estrella as Exhibit “B”. I
move for the marking of the medico legal
certificate as Exhibit “C”. I move for the
marking of the certificate of live birth of
the minor victor as Exhibit “D”. I moved for
the marking of the clinical abstract as
Exhibit “E” and the picture of the weapon as
Exhibit “F” Your Honor. I also move for the
marking of the picture of the victim as
Exhibit “G” Your Honor.

COURT
No more?

PRIVATE PROSECUTOR
Your Honor I would like to move for the
marking of the salaysay of Melvin Balbastro
as Exhibit “H” Your Honor.

COURT
No more?

PRIVATE PROSECUTOR
That is all Your Honor.

COURT
Fiscal continue.

PUBLIC PROSECUTOR
I would like to add for marking the
sinumpaang salaysay ng pag-aaresto ni Nestor…

COURT
That has been marked.

PUBLIC PROSECUTOR
t.s.n.-
Crim Case No.: 14-0924
Witness: Corazon Es
March 22, 2017
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x----------------------------------------------x
I would like to move for the marking of the
investigation report of the alleged physical
injury as Exhibit “I”. That would be all Your
Honor.

COURT
What do you say after that?

ATTY…
Your Honor we formally offer…

COURT
No the formal offer is done after the
prosecution is done with the presentation of
all its witnesses.

ATTY…
Your Honor we move for trial.

COURT
Susmaryosep. After the marking of your
evidence, you make a reservation. We are
making a reservation for the marking of other
exhibits not available during pre-trial. On
the part of the defense. Do you have any
documentary exhibits to be marked?

DEFENSE COUNSEL
Your Honor we would like to mark the medical
certificate of the victim as Exhibit “1”.

COURT
So this is a common exhibit.

DEFENSE COUNSEL
Yes Your Honor.

COURT
The medical certificate for the prosecution
is Exhibit? Clerk of Court.

CLERK OF COURT
Exhibit “E” Your Honor.

COURT
What else.
t.s.n.-
Crim Case No.: 14-0924
Witness: Corazon Es
March 22, 2017
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DEFENSE COUNSEL
No more Your Honor but we are also making a
reservation as to the marking of other
documents not available during pre-trial.

COURT
Mr. Accused, please rise. With the assistance
of your counsel, do you affirm and confirm
the stipulations and admissions made by your
counsel?

ACCUSED
Yes Your Honor.

COURT
After that, the court will issue a pre-trial
order.

(REFER TO THE PRE-TRIAL ORDER DATED 22 MARCH


2017)

COURT
Let us now proceed to trial. Appearances.

DEFENSE COUNSEL (THERESA HILARIO)


Good evening Your Honor. I am Atty. Theresa
Narag Hilario as counsel for the accused.
Ready Your Honor.

PRIVATE PROSECUTOR (VALDEZ)


Good afternoon Your Honor Atty. Amancilo
Valdez, appearing as private prosecutor under
the direct control and supervision of the
public prosecutor.

COURT
Ready?

PRIVATE PROSECUTOR
Ready Your Honor.

COURT
Call your first witness.
t.s.n.-
Crim Case No.: 14-0924
Witness: Corazon Es
March 22, 2017
- 17 -
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PRESENTATION OF WITNESS CORAZON ESCABEL

PRIVATE PROSECUTOR
Your Honor we would like to call our first
witness Ms. Corazon Escabel.

COURT
Please take the witness stand. Swear in the
witness.

WITNESS TAKES OATH

COURT INTERPRETER
Please raise your right hand.
Q Do you honestly swear to tell the truth the
whole truth and nothing but the truth before
this Honorable Court?

WITNESS (BALLEDOR JOHN ORION)


A Yes I do.

COURT INTERPRETER
Q Please state your name and personal
circumstances.

A I am Corazon Escabel, 55 years old, married


from Pilar Village Las Piñas City and a self
employed.

COURT INTERPRETER
The witness is ready, Your Honor.

COURT
Who will prosecute this case.

PUBLIC PROSECUTOR
Your Honor I would like to manifest that I
would authorize the private prosecutor Atty.
Basil Moldez to prosecute this case, under my
direct control and supervision Your Honor.

COURT
Your offer of testimony.
t.s.n.-
Crim Case No.: 14-0924
Witness: Corazon Es
March 22, 2017
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PRIVATE PROSECUTOR
Your Honor we offer the testimony of Corazon
Escabel to prove the commission of the crime.

COURT
Is she an eyewitness here? How is she related
to the victim?

PRIVATE PROSECUTOR
She is the auntie.

COURT
Fiscal take over.

PUBLIC PROSECUTOR (BRANDO BERNARDO, III)


I’m Atty. Brando Bernardo III as the public
prosecutor of this case.

COURT
Take over.

PUBLIC PROSECUTOR
Your Honor we would like to present the
person of Ms. Escabel as the private
complainant and the guardian of the victim of
this case Your Honor.

COURT
So what will be the nature of her testimony?

PUBLIC PROSECUTOR
She will prove that on the night of the
incident Your Honor she was called by one of
the co-worker who witness the stabbing
incident and that she was with the victim on
delivering to the hospital Your Honor.

COURT
So she was the one who brought the victim to
the hospital. Okay, go ahead your witness.

PUBLIC PROSECUTOR
Q Ms. Corazon on the night of September 13,
2013 where are you?
t.s.n.-
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Witness: Corazon Es
March 22, 2017
- 19 -
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WITNESS
A I was at home.

Q Where is your house located?

A In Pilar Village, Las Piñas City.

Q Are you living with someone in your house in


Pilar Village?

A Yes I was living with the mother of Melvin


Balbasco.

Q Can you state for the record the name of the


mother of Melvin Balbasco?

DEFENSE COUNSEL
May I know the relevancy of the question Your
Honor.

COURT
Why?

DEFENSE COUNSEL
I think this is irrelevant to the case.

COURT
Overruled.

PUBLIC PROSECUTOR
Q On the night of September 13, 2013 is there
anything unusual that happen?

WITNESS
A Yes on that night Melvin Balbasco called me
regarding the incident at the store.

Q What does Melvin told you when he called upon


you?

A He told me that two of his other co-workers


were involve in -- resulting to the injuries
of the said co-worker.

DEFENSE COUNSEL
Your Honor hearsay.
t.s.n.-
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Witness: Corazon Es
March 22, 2017
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COURT
Well that is independent relevant statement,
he told me. The witness is testifying not on
the truth or falsity but on what was told to
her. Overruled.

PUBLIC PROSECUTOR
Q And after the call what have you done?

WITNESS
A I immediately went to the store and try to
look on what is happening on the store.

Q And upon arrival what have you witness?

A I witness that the body of Renzo was being


brought up.

PUBLIC PROSECUTOR
Q Upon arrival in the store you saw anyone
present at the store?

WITNESS (GONZALES JANINE)


A Yes.

Q Whom did find upon arrival at the store?

A That Renzo the victim was stabbed.

Q And upon seeing Renzo stabbed what did you


do?

A I brought Renzo to the hospital.

COURT
Q How did you know that Renzo was stabbed.

WITNESS
A Because I saw him bleeding.

Q At what part of his body was he stabbed?

A Under collar ---.

COURT
Continue.
t.s.n.-
Crim Case No.: 14-0924
Witness: Corazon Es
March 22, 2017
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PUBLIC PROSECUTOR
Q Upon bringing Renzo to the hospital is there
anything else that happened?

WITNESS
A None.

PUBLIC PROSECUTOR
That’s all Your Honor.

COURT
Let’s call for another public prosecutor.

COURT
Continue with the direct.

PUBLIC PROSECUTOR (LAUS SHARMAINE)


Q Ms. Corazon after bringing Renzo to the
hospital what did you do?

WITNESS
A After bringing the victim to the hospital,
Melvin and I directly went to the police
station.

Q What did you do to the police station?

COURT
Q Were you accompanied by anyone when you
brought the victim to the hospital?

WITNESS
A Yes Your Honor I’m with Melvin Balbasac.

COURT
Continue.

PUBLIC PROSECUTOR
Q After which what did you do Madam Witness?

WITNESS
A We reported the incident to the police.

PUBLIC PROSECUTOR
No further questions, Your Honor.
t.s.n.-
Crim Case No.: 14-0924
Witness: Corazon Es
March 22, 2017
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COURT
Continue as a prosecutor, LAOS SONNY.

COURT
Continue.

PUBLIC PROSECUTOR (SONNY LAOS)


Q Ms. Witness after you brought the victim to
the hospital after that where did you go?

WITNESS
A We went to the police to report the incident.

Q What happen if any at the Women’s Desk?

A I submit a statement of what happened.

COURT
Q Who were with you at the women’s desk if any?

WITNESS
A Melvin Balagasbac.

Q Was your companion Melvin also asked by the


police?

COURT
Sustained.

PUBLIC PROSECUTOR (MIGUEL SOLAIRE)


Q Ms. Witness at the police station do you
remember having executed any statement?

WITNESS
A Yes.

Q If that statement will be shown to you will


you be able to identify it?

A Yes.

Q I’m showing you this document, did you


execute this document? Would you say that
this document was executed freely?

A Yes
t.s.n.-
Crim Case No.: 14-0924
Witness: Corazon Es
March 22, 2017
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PUBLIC PROSECUTOR (HANA BILORIA)
Your Honor for the record I move to mark the
Sinumpaang Salaysay of..

COURT
That was previously marked during the pre-
trial.

PUBLIC PROSECUTOR
Your Honor the signature of Corazon.

COURT
The statement of Corazon was marked as
Exhibit?

CLERK OF COURT
Exhibit “A” Your Honor.

PUBLIC PROSECUTOR
Q Ms. Witness when you bring the victim to the
hospital what transpired if any?

WITNESS
A The victim was admitted for the injury he
sustained.

Q What was the condition of the victim?

DEFENSE COUNSEL
Objection Your Honor asking for opinion.

COURT
Overulled.

DEFENSE COUNSEL
But he is not an expert witness.

COURT
An ordinary wtness can testify on the persons
condition. If she knows.

WITNESS
A Badly hurt.

PUBLIC PROSECUTION
Q Did the victim narrate to you about the
incident?
t.s.n.-
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Witness: Corazon Es
March 22, 2017
- 24 -
x----------------------------------------------x

WITNESS
A No.

PUBLIC PROSECUTOR (TOLENTINO)


Q Did the victim find out who stabbed him?

COURT
Sustained.

Q Ms. Corazon do you know of any circumstance


or arguments that happen before the incident
which involved the victim and the accused?

A --

Q Are there any incident that involve violence


between the workers before or any
manifestation of his aggressive behavior or
is he -?

COURT
Sustained.

Q Do you have a belief that the accused..

DEFENSE
Objection Your Honor.

COURT
Sustained. What is your ground?

DEFENSE COUNSEL
Asking for opinion Your Honor.

COURT
Q You said that the victim was treated at the
hospital?

WITNESS
A Yes Your Honor.

Q What is your proof?

A The Medico Legal Certificate from the Las


Piñas City General Hospital.
t.s.n.-
Crim Case No.: 14-0924
Witness: Corazon Es
March 22, 2017
- 25 -
x----------------------------------------------x
PUBLIC PROSECUTOR
Witness producing a Medical Certificate
issued by Dr. Arizala Yu which was previously
marked as Exhibit “E”.
Q Please go over this document and tell us if
that is the Medical Certificate that is
issued by Dr. Arizala Yu?

WITNESS
A Yes.

COURT
Q In relation to the previous question of the
public prosecutor. Do you know of any ill
motive why would the accused stab the victim?

WITNESS
A No Your Honor.

PUBLIC PROSECUTOR
No further questions Your Honor.

COURT
Cross.

CROSS-EXAMINATION OF WITNESS CORAZON ECLABEL

PUBLIC PROSECUTOR (DIAZ BERNADETTE)


PRIVATE PROSECUTOR (LASAN MOHAMMAD)

DEFENSE COUNSEL (THERESA LAURA HILLARIO)


Q Is there any misunderstand between the
accused and the victim?

WITNESS (MALANUA)
A

Q When you arrived at the scene of the crime


where was the accused?

A The accused was with the barangay tanod.

Q What was the accused doing with the barangay


tanod?

A The accused is –
t.s.n.-
Crim Case No.: 14-0924
Witness: Corazon Es
March 22, 2017
- 26 -
x----------------------------------------------x

Q How did you know that it was the accused?

A Because he is – he was the one who stabbed.

Q So you are telling the court that you just


knew the accused as --?

A No I know the accused as my – in the store


but I didn’t see that he stabbed the victim
but it was told to me that the accused was
the one who stabbed him.

Q As employer of the accused what – about the


accused?

COURT
When was this prior or after the incident?

DEFENSE COUNSEL
After the incident Your Honor.

WITNESS
A

Q Are there any event that the accused and


victim that could lead an impression that the
accused has any argument with the victim?

COURT
Q Do you know of any reason why the accused
stabbed the victim?

WITNESS
A No Your Honor I don’t have personal
knowledge.

Q Up to now you don’t know of any reason?

A No Your Honor.

DEFENSE
Q At the scene of the crime you were not able
to see the accused?
t.s.n.-
Crim Case No.: 14-0924
Witness: Corazon Es
March 22, 2017
- 27 -
x----------------------------------------------x
WITNESS
A I saw the accused but I didn’t know that he
was the one who stabbed he victim. I saw him
there.

Q What was the demeanor of the accused while he


was being handled by the barangay tanod?

A He was also physically -.

Q So what are you trying to say is that at the


time that the barangay tanod was handling the
accused he was already by some of his co-
workers?

A Yes.

DEFENSE
May I move that the statement be strike out
because it is not stated in the Sinumpaang
Salaysay that she saw the accused.

COURT
Is that allowed for the striking out of the
testimony? That is not allowed we can only
strike out the answer of the witness that is
not responsive to the question.

DEFENSE
But Your Honor I was only..

COURT
Are you arguing with the court?

DEFENSE
No Your Honor.

COURT
Continue.

DEFENSE
Q You did not even think that that is why ---?

A No as far as I know –
t.s.n.-
Crim Case No.: 14-0924
Witness: Corazon Es
March 22, 2017
- 28 -
x----------------------------------------------x
DEFENSE COUNSEL (DIVINA ONGOKO)
Q Before the incident happen what are you
doing?

WITNESS
A

Q And after that time what did you do?

A They rest for awhile some of my co-workers .

Q What were they drinking?

A Beer.

Q Did you come to know if the accused or the


victim got drunk during that time?

A I cannot totally recall if he is very much


drunk – at that time.

COURT
Continue.

DEFENSE COUNSEL
Q Before they left –

DEFENSE COUNSEL
Your Honor we request for courts permission
for the continuance.

COURT
What is your ground?

DEFENSE COUNSEL
For lack of material time.

COURT
Order. At today’s trial the prosecution
called to the stand Corazon Esclaba and at
the height of her cross examination, for lack
of material considering that it’s already
9:30 set this case again for trial on friday
for the continuation of witness testimony.
t.s.n.-
Crim Case No.: 14-0924
Witness: Corazon Es
March 22, 2017
- 29 -
x----------------------------------------------x

-session adjourned-

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