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Clerk of Court
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Defense
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Clerk of Court
Contrary to law.
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Accused
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Accused
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Prosecution &
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Clerk
The next hearing of this case is schedule next on September 30, 2015. This
session is adjorned.
2 Next hearing
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Interpreter
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Rudy
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Monreal
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Monreal
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Monreal
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Monreal
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Monreal
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Monreal
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Monreal
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Monreal
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Monreal
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Monreal
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Mr. Witness, for the record, please state your name, status, job, and
residence.
I am Baldomero Monreal, Jr., 23 years old, jobless and a resident of
Subayon, Bilar, Bohol.
How long have you been staying at Subayon, Bilar
Since birth
How many years?
23 years
Where were you on April 13, 2011?
At Jades house
What were you doing?
Listening music from the FM radio
What is the purpose of going there?
To visit my sister and listen music
Who were there?
Brother,Bonifacio and 2 other friends of my sister
Have you executed an affidavit?
Yes.
Showing this affidavit, marked as Exhibit B, Whos signature is this?
Mine.
How is this affidavit related to you?
Same affidavit I made.
We manifest that the witness identified the signature found in the
affidavit. We pray that this signature be mark as Exhibit B-1
Court
Prosecution
Monreal
Monreal
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Monreal
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Monreal
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Mark it
To whom did you execute this affidavit?
To Atty. Reagan Bolando
Whose signature appearing in the affidavit?
His signature
How did you know that this signature is his?
I was there when he affixed his signature
We pray that the signature appearing above the name ofAtty. Bolando be
mark as Exhibit B-2
In Item No. 2, You have said that you have a verbal tussle with your
sister
When my sister requested me to transfer the frequency of the raido, that
causes our verbal tussle
When your sister got angry, what was your action?
I went out to stop the mode of argument or verbal tussle
Where did you go?
I went to the plaza?
How far is your plaza?
30 meters
When you went out, who did you met?
I was just surprised that Brgy. Captain Torregosa approached me
instantly and without provocation I was attacked.
Torregosa confronted you with a steel pipe?
After kicking my feet he paddled my back with steel pipe/
What was your reaction when he paddled and kicked you?
Objection! The question is misleading.
If it is alleged in the affidavit, the question is not misleading.
What was your reaction when he paddled and kicked you?
I have no time to react, I immediately fell down,
How did you defend?
I was not able to do so because he hit me first. I was injured.
After he kicked you, What else did he do?
He shouted KIHA LANG MO KAY ATUBANGON MO BISAN
ASA!
What did you do with the steel pipe?
As far as I could remember. I fell down and I could mo longer recall
Did he do something else?
No more
After that incident, what happened?
My sister & brother came to rescue and brought me to the municipal
health center
How long did you stay?
For 30 mins.
After 30 mins, where did you go?
My sister and brother brought me to the hospital of Carmen,Bohol
What did the physician say?
The attending Physician, I should be admitted.
For how many days?
Objection! It was not alleged in the affidavit.
How many days?
7 days
After your confinement, what did the doctor advised you?
To gain full recovery, I should take time to rest for 15-30 days.
How long?
Monreal
Prosecution
Monreal
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Monreal
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15-30 days
How did you know the accused?
I know him because he is our Brgy. Captain
If the accused is in the court, can you point him?
That one!
The Witness is pointing Norman Torregosa
How long is he a Brgy. Captain?
For two terms
How are you related with the accused?
Objection! The Question is irrelevant
Sustained!
We would like to ask how are they related to know if there is a conflict
between them/
: Thats all for the Witness
CROSS-EXAMINATION
Court
: Defense, ready for cross?
Defense
: Yes. May I approach the witness?
Court
: Proceed
Defense
: Who were inside the house of Jade?
Monreal
: Bonifacio and 2 other friends
Defense
: Can you name the other 2 friends?
Prosecution
: Objection! It is not stated in the affidavit
Court
: He testified. He may ask the name.
Prosecution
: We withdraw!
Court
: Witness may answer
Monreal
: I do not know their names, maybe my sister does.
Defense
: What were they doing?
Monreal
: When I arrived, they are just talking and I just turned the radio on.
Defense
: You said that there was a verbal tussle with Jade; you added that there
was rising of voices? Do you think that the raising of voices was heard
by your neighbors?
Prosecution
: Objection! It is asking for the opinion
Court
: Sustain!
Prosecution
: Withdraw!
Defense
: How far is your sisters house to Torregosas?
Monreal
: Around 200 meters
Defense
: How far us 200 meter, estimate.
Monreal
: From here to capitol
Defense
: After the verbal tussle, you went to the plaza. What did you do?
Monreal
: I did not do anything. I just left the house to cut off the verbal tussle, to
my surprise Brgy. Captain was there.
Defense
: He was already there?
Monreal
: No. We just encountered at the same way.
Defense
: Is it correct that you saw the Brgy. Captain approaching you?
Monreal
: Ive seen him in surprise. Adversarial approach.
Defense
: You also alleged that he lifted your neck using a steel pipe
Monreal
: Not purely lifted. After kicking my feet struck my back, I fell down.
Thats all as far as I can recall
Defense
: You said in you affidavit that without any provocation lifted my neck
using a steel pipe and then kicked my feet and paddled my back using the
same object. Are you saying that this is not correct?
Monreal
: It is correct.
Defense
: You said a while ago that not lifted with a steel pipe
Monreal
: Term may be confusing. I was injured because of the steel pipe
Defense
Monreal
Defense
Monreal
Defense
RECESS
Court
: Just to put in the record, you were saying that not lifted your beck using a
steel pipe?
: I cannot exactly recall.
: Said a while ago, during the time of the attack, you were unemployed?
: Yes!
: Thats all
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: The witness is called to the witness stand
: You mentioned in your testimony that there were visitor in the house of
your sister. Whose friends?
: Sisters
: You dont have any idea who are those?
When I went there. They are already there. I dont have any idea.
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When you called your brother, where was Torregosa at that time?
I never seen him
Thats all
Cross
We would like to have a recess.
A minute/two.
The court is in session. Silence is enjoined.
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attacking my brother
: When you saw the incident, was Brgy. Captain was already there?
: Yes.
: No further questions, Your Honor
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Resident Physician
What do you do as a Resident Physician?
I make Medico Legal
What are your functions?
I conduct examinations for physical injuries. Attend court hearing for the
opinion in my medico legal.
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As of now, where are you assigned?
Bilar, Bohol
What is your position?
Chief of Police
As a chief of police, what are your duties and responsibilities?
I conduct investigation. I render services and assistance. I issue also a
certification of police blotter.
You mentioned that you issue a police blotter. Did you issue a police
blotter on April 13, 2011?
Yes.
Showing to you a document. How is this related to you.
The Certificate of Police Blotter that I issued.
Above the name Julius Ibaoc, Whose signature is this?
My signature
We pray that the signature above the name of Julius Ibaoc will be mark
as ExhibitF-1
Mark it.
Do you confirm and affirm the validity of this document?
Yes.
Thats all, Your Honor.
Cross
No cross, Your Honor.
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4:00-4:30PM
Why did you not report it immediately?
Because we had our lunch.
Have you executed any affidavit?
Yes.
Showing to you a document, What is the relation of this document to
you?
The affidavit that I executed
There is a signature above the name of Artemia Robles, Whose signature
is this?
My signature.
We pray that the signature of Artemia Robles be mark as Exhibit G-1
Mark it.
There is a signature above the name of Reagan Bolando, whose signature
is this?
His signature.
Why did you say that it is his signature?
I personally saw him affixing his signature.
I would like to pray that the signature of Reagan Bolando will be mark as
Exhibit G-2
Mark it.
No further questions, your Honor.
We would like to ask for a 5-minute break
Granted.
The court is in session, silence is enjoined.
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Thats our last witness. Before we rest our case, we formally offer our
exhibits.
1. Complaint- for the purpose that there is a case filed.
2. Affidavit of Monreal, Exhibit B and all its sub-markings- To
prove that that the accused inflicted injuries upon the
complainant.
3. Affidavit of Jade Salingay- to prove that the incident happened in
the plaza
4. Medico-legal of Benito Francisco Tubaces, Exhibit D- to prove
that the accused sustained physical injuries.
5. Exhibit E and all its sib-markings- Corroborative evidence.
6. Exhibit F and all its sub-markings-certification issued by Julius
Ibaoc that there was an incident transpired.
7. Exhibit G and all its sub-markings-corroborative evidence
: The court admits Exhibits A-G to form part of the evidence of the
prosecution
: With that your Honor, we rest our case.
7
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Yes.
Did you finish college?
Yes. Agriculture in Bilar.
Before you elected, you were working in a private sector?
Objection! Leading.
Sustain.
On April 13, 2011, where were you at that time?
I was at my house putting my child to sleep.
So you were putting your child to sleep, you were inside your house?
Yes.
How old is your child?
2 years old.
Before putting your child to sleep, what were you doing?
Im just inside the house.
While putting your child to sleep, did you keep a steel pipe beside you?
No, I have no reason to keep a steel pipe.
Do you own a steel pipe?
No.
Why did you go outside?
When I was putting my child to sleep, I heard a noise from our neighbor.
How long was the noise took place?
It was quite a time.
That was your reason why you went outside?
Yes, that was basically my reason. To check because Jade was calling for
help.
What were the words you heard?
I heard it in a vernacular. Tabang
How did you know that it was the voice of Jade?
We were neighbor for quite a time. I am familiar with her voice.
------------I never went to the house of jade because I was watching over my child till
my wife took over in taking care of my child. The children of Jade were
crying so I was alarmed.
You were alarmed by the cry?
Yes.
You were aware of your duties?
Leading
Mr. Ligalig, please refrain from asking leading questions.
Did you see anyone when you went outside?
Yes, I saw Ho and Sayon.
Did you also see the complainant?
No, not yet at that time.
What happened next?
I heard Baldomero who was challenging everyone in the house. I believe at
that time he was intoxicated with alcohol because they were having a
drinking session.
What did you do next?
I immediately rushed to the house of Jade.
You know your duty as a Barangay Captain, What kind of duty?
To protect the people in our place and to maintain peace and order.
Did you attend a seminar?
Prior to the assumption of duties, there was seminar conducted to inform
our function.
What are your other functions?
In the Local Government code, a Barangay Captain can arrest in pursuance
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in the peace and order, protection of life and property of our citizen.
What did you do when you see Baldomero Monreal at that time?
When I was about ot enter the premise of Jade. Baldomero was about to go
out. He was in a hurry in going out. There was no conversation between us.
He stumbled at the bamboo fence of Jade,
What happened next?
I was trying to help him get up, no intention to arrest him because my
information was not complete to arrest him. When I was about to help him,
he threw punches at me.
How did you know that he was drunk?
His behavior and I have knowledge that he had a drinking session.
How did you know that he had a drinking session?
I knew it early in the morning.
What did you do next?
I arrest him and bring him to tanod outpost.
Why will you bring him to tanod outpost?
I was sure that he committed an offense.
While you were holding Baldomero, did you kick him?
Leading!
Leading.
What happened next?
It was a simple way of arresting him. His sister approach me and asked me
not to arrest his brother because she does not want that his brother will be
imprison again and she said to consider the behavior of Baldomero that he
is a trouble maker when hes drunk.
When you heard Jade asking you not to arrest Baldomero.
Leading!
Leading.
Were you the Barangay Capatain at that time?
Yes.
Did you succeed in arresting Baldomero?
No, I took pity in Jade. I released Baldomero with an assurance that he will
not hurt anyone.
Out of Pity?
Yes.
What happened next?
After I released him, I went home and had lunch with my family.
Did you execute this affidavit?
Lay the basis.
Have you executed an affidavit?
Yes.
Is this the affidavit you executed?
Yes, Exactly the same.
Is this your signature?
Yes.
When you executed this affidavit, does anyone help you?
With the presence of my counsel, Atty. Maria Theresa Lim.
After the incident, how did you know that there is a case filed against you?
I was surprised, considering that I was performing my function as a
Barangay Captain. I could not remember any reason that he will file such
case because Baldomero and I are good neighbors.
I pray that the signature of Norman Torregosa will be mark as Exhibit 1-A
Mark it!
No further questions.
Is the Prosecution ready to cross?
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: No.
: What did Sayon and Ho do when the saw you? They did not help?
: They trusted me as a Barangay captain, I believe that the believe that I can
handle the situation.
: They did not bother to help?
: No.
: Where did they stay?
: Objection!
: The witness may answer if he saw them. Did you see them?
: Yes.
: Where did they stay?
: Inside the premise of Jade.
: Thats all,
: Any re-direct?
: During the time when Baldomero fell, did you approach him?
: Yes.
: What can you observe when you were near him aside from being drunk?
: He was so wild, he was not in his sanity.
: Aside from his behavior, you think that he was drunk?
: I held his collar, I could smell his breath and he was positive of alcohol.
: That would be all.
: Any re-cross?
: None.
: The witness is excused.
8
Court
Clerk of Court
Court
Defense
Court