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Transcript for the testimony of accused

The moment Wandy enters

Clerk: All rise This court is now in session. Silence is enjoined. The
honorable Judge Ligcuban presiding.

Wait for everyone to have risen.

Clerk: Almighty God, we stand in Your Holy Presence as our Supreme


Judge.

We humbly beseech you to bless and inspire us so that what we


think, say and do will be in accordance with your will.

Enlighten our minds, strengthen our spirit and fill our hearts with
fraternal love, wisdom and understanding so that we can become
effective channels of truth, justice and peace.

In our proceedings today, guide us in the path of righteousness for


the fulfillment of your greater glory. Amen.

Court: Call the case.

Clerk: People of the Philippines v. Junnieson Boniel.

Criminal Case No. 1234 for Rape.

Court: Appearances?
Prosecutor: For the State your Honor, we are ready.

Defense: For the accused, we are likewise ready, your Honor.

We will be presenting the accused in this case your Honor. May


we call on our witness Mr. Junnieson Boniel.

Court: Call your witness to the witness stand.

Defense: May I call on Mr. Junnieson Boniel.

Court: Swear in the witness.

Stenographer: Kasabot ba ka og Ingles?

Witness: Yes Maam.

Stenographer: Do you swear to tell the truth and nothing but the whole truth in
this proceedings?

Witness: Yes Maam.

Stenographer: Please state your name, age and other personal circumstances.

Witness: Junnieson Boniel, 65 years old, widower, retired janitor and a


resident of 12-4 Nazareth, Cagayan de Oro City.

Stenographer: Your witness, attorney.

Defense: The testimony of this witness is being offered to prove that the
accused never had sexual intercourse with the private complainant
in the instant case as alleged in the information and he will further
testify about the incident as to what truly transpired between the
private complainant and the accused in the this case and other
relevant matters in this case.

Court: Proceed.

Defense: You mentioned that your name is Junnieson Boniel, are you the
same Junnieson Boniel the accused in this case pending before his
court?

Witness: Yes, Maam.

Defense: And do you happen to know the private complainant of this case,
Mr. Witness?
Witness: Yes Maam. She is Gretel Salley, my neighbor Maam. She is the
one who filed this case against me Maam.

Defense: What case, Mr. Boniel?

Witness: Rape case, Maam.

Defense: Before you were arrested in relation to the case you mentioned,
where were you residing, Mr. Witness?

Witness: In 12-4, Nazareth Maam.

Defense: How long have you been residing in Nazareth, Mr. Boniel?

Witness: About 45 years Maam.

Defense: Mr. Witness, since you mentioned that you are aware that Ms.
Salley filed a rape case against you, what can you say about the
allegation that sometime in May 6, 2016 in your house in
Nazareth, you raped Gretel Salley?

Prosecutor: Objection YH. The question calls for a narration.

Defense: I will reform YH.

Court: Reform.

Defense: You mentioned that you are aware of a rape case filed by Gretel
Salley against you. Can you remember the allegations in the
complaint Mr. Witness?

Witness: Not all Maam. What I remember was that I was accused of raping
Gretel Salley on May 6, 2016.

Defense: And is the accusation against you true, Mr. Witness?

Witness: No, Maam, it is not true. I did not rape Gretel Salley.

Defense: You said earlier that the complainant in this case against you is
your neighbour. How long have you been neighbors?

Witness: Ever since I came to Nazareth, the Salleys have already been my
neighbors.

Defense: How was your relation them with the Salleys during that time?

Witness: We were good friends and neighbors but then it turned sour.

Defense: Why is that?

Witness: Its because I witnessed against Robert Salley, the brother of the
mother of the complainant in this case. Robert Salley was charged
for murder, Maam.

Defense: What happened then to Robert Salley, if there is any?

Witness: He was convicted for murder and sent to prison, Maam.

Defense: When did you testify against Robert Salley, Mr. Witness?

Witness: I think it was in 2006, Maam.

Defense: After that, how was your relation to the Salleys?

Witness: The Salleys hated me for witnessing against Robert Salley.

Defense: Why can you say that the Salleys hated you, Mr. Witness?

Witness: They no longer talk to me. When I talk to them, they get very
angry immediately for no apparent reason. Sometimes, I catch
them throwing rocks at the outside wall of my house.

Defense: With this kind of treatment of the Salleys, what was your reaction
then, if there is any?

Witness: I just ignore them Maam. I dont want to retaliate because I am


already old.

Defense: How long did the Salleys treated you like that Mr. Witness?

Witness: Maybe 10 years, Maam - from the time I testified and until now.

Defense: Mr. Witness, Gretel Salley, the daughter of the sister of Robert
Salley, filed a rape case against you. What can you say about the
complaint?

Witness: It is not true Maam. The Salleys are just taking their revenge
against me for witnessing against Robert Salley, Maam.

Defense: You testified earlier that you are aware of the rape case filed by
Gretel Salley against you. Can you remember the allegations in the
complaint, Mr. Witness?

Witness: Not all, Maam.

Defense: Not all. What can you remember then, Mr. Witness?

Witness: I remember that I was accused of raping Gretel Salley on May 6,


2016.

Defense: And is the accusation true, Mr. Witness?

Witness: No, Maam. It is not true.

Defense: Mr. Witness, can you tell this Honorable Court what truly
happened on May 6, 2016?

Witness: I was actually watching Showtime when suddenly Salley entered


my house.

Defense: When you say she entered your house, what did she say, if any?

Witness: None Maam. She just went inside my house Maam.

Defense: At what time did this transpired, Mr. Witness?

Witness: About 2:00 - 2:30 in the afternoon Maam of May 6, 2016.

Defense: At that time Mr. Boniel, when she suddenly entered your house, do
you know her first name?

Witness: I only knew her by her surname Salley, Maam.

Defense: Before that incident, were there any instances that she went to
your residence?

Witness: No, Maam.

Defense: Why was she able to immediately enter your house during that
time?

Witness: The gate and the front door is open Maam.

Defense: Why was the gate open?

Witness: It is always open Maam because the lock was broken.

Defense: How long has it been broken?

Witness: For many years now Maam.

Defense: Okay. Mr. Witness you said you also left the door open. Why was
it not close, Mr. Witness?

Witness: It was so hot that afternoon Maam. I dont have aircon or electric
fan in the house, Maam.

Defense: How often do you leave open the door, Mr. Witness?

Wintess: I do that all the time during hot afternoons Maam.

Defense: And at the time of the incident, how was the weather?

Witness: It was so hot Maam.

Defense: During that time Mr. Witness, who were residing with you at your
house?

Witness: None. I am alone Maam.


Defense: At that particular time that Ms. Salley went inside your house,
who else aside from you and Ms. Salley was inside your house?

Witness: No one else, Maam.

Defense: When she went immediately inside your house, what did you feel
Mr. Witness?

Witness: I was surprised Maam.

Defense: When she entered the house, what did she do if there is any?

Witness: She immediately pass by my side, lie down in the sofa next to me,
and she told me to have sex with her Maam provided that she will
be paid P1, 000.

Defense: At what particular part of the house were you at that time Mr.
Witness?

Witness: Im sitting in my couch near the door Maam.

Defense: Mr. Witness, do you happen to know why she did that?

Witness: No, Maam. No idea.

Defense: What was your reaction when she did that to you?

Witness: I immediately stood up and told her to stand up and go home.

Defense: After you told her that, what did she do, if there is any?

Witness: She did not stand up immediately and so I went out of the house
ahead of her and I told her that if she will not go home, I will call
the barangay captain.

Defense: After you told her to go home, what did she do if there is any?

Witness: She went outside my house Maam with her angry face.

Defense: Other than that incident Mr. Witness, was there any instance that
Ms. Salley were able to go to your house?

Witness: No more Maam.

Court: How old were you at the time of the alleged incident?

Witness: 65 years old YH.

Court: By the way Mr. Witness, do you own a gun?

Witness: No Sir.

Court: Have you ever threatened the private complainant using a gun
whether owned by you or not?

Witness: No YH. I did not do that.

Court: Proceed, counsel.

Defense: That would be all, Your Honor.

Court: Any cross?

Prosecutor: We have few questions YH. May it please the court. May I
approach the witness YH.

Court: Proceed.

Prosecutor: Do you recall where you were arrested in connection with this
case?

Witness: I forgot Maam. I cannot recall.

Prosecutor: But the case is filed this year, 2016?

Witness: Yes, Maam.

Prosecutor: But prior to your arrest Mr. Witness, you said that you were
neighbours with the Salleys, can you describe your relationship
with them?

Defense: Objection. Misleading YH.

Prosecutor: I will reform the question YH. Mr. Witness, it it true that you and
Gretel Salley are neighbors?

Witness: Yes, Maam.

Prosecutor: And you have been neighbors since she was born, correct?

Witness: Yes.

Prosecutor: And you have been neighbors to the Salley family from the time
you arrived in 12-4 Nazareth, correct?

Witness: Yes, Maam.

Prosecutor: Being neighbors, did you have several communications with the
Salleys Mr. Witness?

Witness: None, Maam.

Prosecutor: You mean to say that you have no actual communications with the
Salleys during the length of time that you were neighbors?

Witness: We talked to each other casually Maam before I testified against


Robert Salley.

Prosecutor: How about to Gretel Salley, have you also have several
communications with this child?

Witness: Yes, sometimes I talked to her when we meet,

Prosecutor: And how often these communications made?

Witness: Seldom Maam.

Prosecutor: So when you say seldom, is it correct to say that once a week or
once a month?

Witness: Once every 3 months Maam prior to the time I testified against
Robert Salley Maam.

Prosecutor: But you often see Gretel Salley around even if you do not talk to
her?

Witness: Yes, at the market place.

Prosecutor: You said that Gretel went inside your house in the afternoon of
May 6, 2016 while you were watching Showtime, at that particular
time, do you recall that she is 12 years old?

Witness: I do not know her age Maam.

Prosecutor: Bu you considered her as a small child at that time?

Witness: Yes, Maam.

Prosecutor: And when you heard her saying, as you testified earlier, that she
wanted to have sexual intercourse with you in the amount of
P1,000, what was your reaction?

Witness: I got angry why she said that to me Maam.

Prosecutor: After that incident did you report that incident to the parents of
Gretel?

Witness: No, I did not.

Prosecutor: Why did you not report?

Witness: I was not able to report to them because that was a very hot
afternoon, I am too weak to go out and I am also busy with my
small garden at home and I do not go around.

Prosecutor: The grudge you mentioned with the Salleys, when did this
happen?

Witness: Maybe 10 years before 2016 Maam.


Prosecutor: So this grudges with the Salleys started in 2006, is that correct?

Witness: It happened a long time ago Maam. I cannot recall anymore.

Prosecutor: From that time when it happened, you were no longer in good
terms with the Salleys?

Witness: Yes, Maam.

Prosecutor: And this kind of relation, meaning that you are in talking terms
with the Salleys?

Witness: No more Maam after I witnessed against Robert Salley, the


brother of the mother of private complainant.

Prosecutor: By the way, at the time of the incident, were you married?

Witness: No Maam.

Prosecutor: But you were once married?

Witness: Yes, Maam.

Prosecutor: At the time of the commission of the offense, where is your wife?

Witness: She is already dead.

Prosecutor: How long has she been dead, Mr. Witness?

Witness: 20 years, Maam.

Prosecutor: You have children?

Witness: Yes, 2 daughters.

Prosecutor: And where are they now?

Witness: Already married. They are both in Bukidnon Maam.

Prosecutor: Do you know if any of your children are aware of the case filed
against you?

Witness: Only the eldest Maam.

Prosecutor: I think that will be all YH.

Court: Any re-direct?

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