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Republic of the Philippines

REGIONAL TRIAL COURT


Ninth Judicial Region
Branch 13
Zamboanga City

PEOPLE OF THE PHILIPPINES, CRIM.CASE NO. 28301


Plaintiff,

-versus- -for-
MOHD DAUD HASHIM ARABANI and VIOL. OF SEC 5, ART. II, OF
KALIM SABTARI SALIM(DET), THE CDDA OF 2002 R.A. 9165
Accused.
X--------------------------X

TRANSCRIPT

Of the stenographic notes taken during the hearing


In the above-entitled case held before Hon. Eric D. Elumba,
On March 19, 2014, at 2:00 oclock in the afternoon.

COURT PERSONNEL PRESENT:

Hon. ERIC D. ELUMBA


Presiding Judge

Mrs. MERCEDITA O. DONDON


Court Interpreter/Bailiff/Minutes Clerk

Ma. ELSBETH SALVADOR TUBAN


Court Stenographer III

A P P E A R A N C E S:

3rd Asst. City Prosecutor GLADDY S. BERNABE


Appearing for the State

Atty. MA. CORAZON MONTEMOR


Appearing for the Accused

================================================

TSN
1
Criminal Case No. 28301
March 19, 2014
CLARITO RUFO
On Direct Examination

COURT: CALL THE CASE

Court Interpreter: (Calling the case).

ACP BERNABE:

Same appearance for the state, ready, Your

Honor,

Atty. MONTEMOR:

For the accused, ready Your Honor.

===================================

====================

CASE WAS CALLED BACK.

Court Interpreter: (Calling back the case).

Atty. MONTEMOR:

Ready, Your Honor.

ACP BERNABE:

Same appearance for the state, we are calling to


the witness stand our third witness, Mr. Clarito Rufo.
There are other witnesses in court, we are asking for
their exclusion, Your Honor.

COURT:

He came here in Zamboanga, only for this case?

ACP BERNABE:

Yes, he came back because the other time, it


was lack of material time, Your Honor.

COURT:
2
Okay, swear in the witness, tagalog?

A Tagalog.
TSN
Criminal Case No. 28301
March 19, 2014
CLARITO RUFO
On Direct Examination

COURT:

But you can testify in English?

A Pwede halo-halo lang, sir.

COURT:

Okay.

Court Interpreter:

Do you solemnly swear to tell the truth, the


whole truth and nothing else but the absolute truth?

WITNESS:

Yes, I do.

COURT INTERPRETER:

State your name, address and other personal


circumstances.

WITNESS:

I am Mr. Clarito Rufo, 61 years old, assigned at


Security Screening Officer, a resident of Zamboanga
City, married.

Court Interpreter:

Witness is ready to testify Your Honor.

COURT:

Wait, siguru naman makaintindi ka ng English.


3
A Opo.

TSN
Criminal Case No. 28301
March 19, 2014
CLARITO RUFO
On Direct Examination

COURT:

So, huwag na natin i-translate ang tanong, yung


sagot pwede mong ibigay sa tagalog, pero yung
tanong para hindi tayo mag-aksaya ng panahon, kung
di mo maintindihan hingi ka lang ng interpretation.

COURT:

Okay, go ahead.

ACP BERNABE:

The testimony of the witness is being offered to


prove the offense charged against both the accused,
the will testify as regard to the incident that occurred
on November 18, 2013, at the Zamboanga
International Airport, and the witness will testify that
as an employee of the Office of the Transportation
Security, that time he was employed with the Office
of the Transportation Security of the Department of
Transportation and Communication and he will testify
that in the course of his, when he was on duty during
that time, he was able to discover from one of the
boxes a dangerous drug which box belong to one of
the accused, the witness will identify both the
accused, he will identify this box, these boxes where
dangerous drug were discovered, he will identify also
other documentary evidence of the prosecution, as
well as his affidavit which he executed in connection
with this case, he will also testify to other matters
related to his main testimony. With the kind
permission of the Honorable Court.

4
COURT:

Proceed.

ACP BERNABE:

Mr. Witness, again, what is your occupation?

A Screening Officer.

TSN
Criminal Case No. 28301
March 19, 2014
CLARITO RUFO
On Direct Examination

ACP BERNABE:

Of what office?

A Aviation Security.

Q Under what office do you belong?

A DOTC.

Q DOTC?

A Office of the Aviation Security-DOTC.

Q And, how long have you been employed as a


Security Screening Officer?

A Thirty three (33) years.

Q On November 8, 2013, where were you assigned


particularly?

A During that time, in the morning, I was assigned


at the Initial at the X-ray machine, in entering the
terminal, going inside the terminal.

Q What terminal are you referring to?

A Departure area of the Zamboanga City


International Airport.

5
Q And, you mentioned about this Initial Screening,
what do you, ah where is this Initial Screening at that
time?

A The Initial Screening is situated at the check-in


counters before entering the check-in luggages.

Q How long have you been assigned with the


Zamboanga International Airport?

A Thirty three (33) years.

TSN
Criminal Case No. 28301
March 19, 2014
CLARITO RUFO
On Direct Examination

ACP BERNABE:

What time was your duty, during that time on


November 8, 2013?

A I was on duty, we start at 4:00 oclock, until the


morning.

Q And, what time does it end?

A Until around 8:00 oclock in the evening, sir.

Q Now, at around 6:30 in the morning of


November 8, 2013, where were you particularly?

A I was assigned as Baggage Inspector there at


the Initial X-ray.

Q So, aside from you, were there other person or


companion of yours who were assigned there?

A Yes, around five (5) of us, were assigned there.

Q Can you recall the names of these other four (4)


companions of your, who were in that Initial
Screening?

A Mrs. Emilia Original, as operator.

6
Q Operator of what?

A Operator of X-ray machine and the other one is


Mrs. Abdurasad, Baggage Feeder, and the two (2)
assigned as Body Search assigned at Walk Through
machine for frisking.

Q So, while you were on duty at around 6:30 in the


morning, on November 8, 2013, do you recall what
happened?

A Yes, sir.

Q What happened during that time?

TSN
Criminal Case No. 28301
March 19, 2014
CLARITO RUFO
On Direct Examination

A During that time in the morning, there was trip


in the morning going to Tawi-Tawi, and there was a
passenger who has a baggage of two (2) balik bayan
boxes.

ACP BERNABE:

And then, where did you see this person, with


two (2) balik bayan boxes?

A At the vicinity of x-ray machine.

Q And then, what happened after that?

A Mrs. Original, the operator, called my attention,


to check the luggage of the balik bayan box, because
there is something black inside the box.

Q So, what did you do, if any?

A I stop one of the passenger named Mr. Daud


Arabani, to hold the baggage and put the baggage on
top of the inspection table.

7
Q How have you come to know the name of that
passenger as Daud Arabani?

A It was when he showed to me his I.D. and his


name is reflected there.

Q At what point in time, did he show to you his I.D.

A At that time, 6:30.

Q And, so, you said that you, these two (2) boxes
were placed on the inspection table, correct?

A Yes, sir.

Q Who place these two (2) boxes?

A The passenger.
TSN
Criminal Case No. 28301
March 19, 2014
CLARITO RUFO
On Direct Examination

ACP BERNABE:

And then, how big by the way, Mr. Witness, were


these two (2) boxes, can you still recall, the size,
using your two (2) hands, can you just estimate?

A 2 feet by 3 feet more or less.

Q And, where was this Inspection Table?

A At the side of the Initial X-ray machine.

Q So, and then, when that passenger place these


two (2) boxes on the Inspection Table, what
happened?

A I told the passenger to open the luggage,


because I told him there is something inside black,
some powder black, thats why I told him to open.

Q And, so, what happened after you told him to


open?

8
A He open, and I saw the chichiriyas, you call that
chicharon, tea, groceries inside the box at the top.

Q How did he open the box, how did that


passenger open the box?

A I give him a scissor, and he open, he open the


box.

Q Before the box was open by him, what, how was


the condition of the box?

A The condition of the box is intact, the condition


of box and inalis namin yung laman sa loob.

Q For awhile just only the condition?

A The condition is very intact.

TSN
Criminal Case No. 28301
March 19, 2014
CLARITO RUFO
On Direct Examination

Atty. MONTEMOR:

Very?

A Very intact.

ACP BERNABE:

So, how many boxes were open by that


passenger?

A Only one (1) box.

Q And then, when he open that box, what


happened?

A When he open the box, I saw the chichiriya


inside, on the top, the Nissin and the tea, and the
chicharon, biscuits, we remove those groceries on

9
top, because to be able for us to see what was that
black object stated by the operator.

Q You said, we, removed these itmes, who are


referring to as this we?

A The passenger.

Q And then, when these items were removed, from


that box, what happened?

A I saw the box below there is something, after the


grocery, as if there was compartment and then, as if
it is sealed.

Q So, and then, what happened?

A I ask the passenger if what is that, what is the


content of that, then, he answered by saying, that is
nothing, then, I requested him if that can be open.

Q Who was this passenger you are referring to?

A The passenger, sir, Mr. Daud.

TSN
Criminal Case No. 28301
March 19, 2014
CLARITO RUFO
On Direct Examination

ACP BERNABE:

So, and then, what happened when you ask him


to open that, that you said compartment?

A He open, I gave him scissor to open the


compartment.

Q Did he open that compartment?

A He open it.

Q Then, what happened after that compartment


was open?

10
A He got one box (1) of 700grms of Alaska milk, he
got that one (1) box of Alaska milk he pulled out then
he handed it to me.

Q And then, what happened?

A And then, I told him, open the box of Alaska


milk.

Q Then, what did he do, after you told him to open


that Alaska milk box?

A Then, he got it, then he opened the box, then,


he pulled out that foil, the milk foil, then, he said to
me that, that is only milk.

Q How did he say that, can you still recall?

A Sinabi niya, gatas lang yan.

Q Then, what happened, Mr. Witness?

A In a sense that I was not really satisfied if that is


only milk, so, I got another one (1) box of 700 grams
content to compare it, if that was really milk.

Q Why did you say that you were not satisfied, if it


is milk?

A Because sir, when that first 700 grams pulled


out then when I hold it, as if it was grains because it
is not powdered.

TSN
Criminal Case No. 28301
March 19, 2014
CLARITO RUFO
On Direct Examination

ACP BERNABE:

And then, so, you said, you got again another


box, of milk, Alaska milk?

A Yes, sir.

Q Then, what happened after that?


11
A Then, that second box of Alaska milk that we
pulled out it was found out that, that was real milk.

Q Why, what made you say, that the second box


contains real milk?

A Because when we hold it, it was really smooth, it


was really powder.

Q And then, what happened next?

A Then, on the second time, that first box was


pulled out, that 700 grams of box of Alaska milk was
pulled out was pass through x-ray machine again,
then, it was found out that when it pass through the
x-ray machine, it was black.

Q What exactly was pass through this x-ray


machine?

A Exactly nung nagpadaan dun, ako ang


ngpadaan dun sa x-ray machine.

Atty. MONTEMOR:

Not responsive, Your Honor.

COURT:

Yes.

ACP BERNABE:
So, you were the one who place this item in the
x-ray machine?
TSN
Criminal Case No. 28301
March 19, 2014
CLARITO RUFO
On Direct Examination

A Yes, sir.

ACP BERNABE:

And, you said that it showed a black color, and


then, what happened
12
A I instructed the passenger to open, in which he
refused.

Q How did he refuse, when you told him to open?

A As if his action, as if he does not want that box


to be open.

Q So, what if any did you do?

A So, I called the attention of the Supervisor,


Police, PO1 Maadil.

Q Can you recall the first name of PO1 Maadil,


okay, you cannot?

A I cannot.

Q You cannot recall?

A I cannot recall.

Q Okay, where was PO1 Maadil, at that time when


you called his attention?

A At the other side of the x-ray, the second x-ray.

Q And then, what happened, after you called the


attention of PO1 Maadil?

A And, I told those two (2) policemen by saying


this wise, this is the two (2) boxes of 700 grams
Alaska milk in which we observed that it is really
different because the sealed from the factory has no
masking tape, this one it has a masking tape.

Q Which box are you referring to that has a


masking tape?
TSN
Criminal Case No. 28301
March 19, 2014
CLARITO RUFO
On Direct Examination

A The second box.

13
ACP BERNABE:

So, what happened after you told PO1 Maadil


about these boxes?

A And, what they did, they invited to their office at


AVSECOM.

Q Who were invited?

A The passenger Mr. Daud Arabani, Kasim Salim.

Q And then, who invited them?

A The police, sir.

Q Then, what happened after they were invited to


the office?

A Then, what we did is, we place at the push cart


the two (2) boxes and we pushed it together with
them, we went to the police and turn over those
boxes.

Q And, where, what office were you referring to


that you brought these boxes?

A Office of the AVSECOM at the arrival area.

Q And then, what happened upon arrival at the


office?

A Upon arrival at the Office of the AVSECOM, after


turning over those items to them, we left and we
went back to our duty.

Q And, did you know what happened later on, after


you turn over these boxes to that Police Office?

A Yes, sir.

Q What happened?

TSN
Criminal Case No. 28301
March 19, 2014
CLARITO RUFO
On Direct Examination
14
A After that at around 8:00 oclock in the morning,
PO1 Maadil went back to the area where we were and
inform us that, those black object has which pass was
a shabu.

ACP BERNABE:

And, did you actually see the contents of this


box?

A At around 10:00 oclock in the morning, the


same date, we were called by chief of the AVSECOM
and instructed us to go to their office, and when we
went there, when they open the box, there I have
seen that items and I have found out that it was a
real shabu.

Q That box, balik bayan box, Mr. Witness, where


you said, you saw a compartment, after this you said,
the compartment was open by Daud, what if any,
what else did you see inside that?

A Only one (1) box of real milk 700 grams and the
shabu, 700 gram inside the box.

Q One (1), you said, one (1) box of real milk, and,
you said 700 grams of shabu?

A It was more or less eight (8) boxes.

Q Eight (8) boxes of what?

A Alaska milk boxes, sir.

Q Now, this, ah and then, what happened to this,


later on, to this Daud Arabani and the other person
name as Sabtari, do you know what happened to
them, later on?

A They were brought there, they were invited


there to the AVSECOM Office, at the arrival area,
there I saw them that they are really the true owner.

Q Now, if you will see these two (2) persons again,


will you be able to identify them?

15
A Yes, sir.
TSN
Criminal Case No. 28301
March 19, 2014
CLARITO RUFO
On Direct Examination

ACP BERNABE:

Do you know where they are right now?

A Yes, sir.

Q Where are they right now?

A That one, that one.

Q You mean to say they are here in the court


room?

A Yes, sir.

Q Can you identify first Mohammad Daud Arabani?

Atty. MONTEMOR:

Witness only mentioned Daud.

COURT:

He mentioned the other one.

Atty. MONTEMOR:

Yes, but he did not mentioned Arabani.

COURT:

He mentioned.

A Mr. Daud Arabani, the second.

Court Interpreter:

Witness pointed to the second person from the


left seated at the prisoners bench, and when asked of
his name, he answered, Mohammad Daud Arabani.
16
TSN
Criminal Case No. 28301
March 19, 2014
CLARITO RUFO
On Direct Examination

ACP BERNABE:

What about this Kalim Sabtari?

A That one, sir.

Court Interpreter:

Witness pointed to the second male person from


the left seated at the front row of the seat, and when
asked of his name, he answered, Salim Sabtari.

ACP BERNABE:

Now, Mr. Witness, this two (2) balik bayan boxes


which you were referring to earlier, if you will see this
boxes again, will you be able to identify these boxes?

A Yes, sir.

Q How will you be able to identify these boxes?

A Because I have my signature there on that box.

Q At what point in time did you sign these two


boxes?

A November 8, around 10:00 oclock.

Q Where were you at that time, when you sign


these boxes?

A At the AVSE Group Office, sir, at the vicinity of


arrival.

ACP BERNABE:

17
Your Honor., may I ask that the box be brought
before the court, for awhile, Your Honor.

Q Mr. Witness, showing to you two (2) boxes place


on the lawyers table, can you tell us what is the
relation of these two (2) balik bayan boxes to those
balik bayan boxes which you were referring to earlier?

TSN
Criminal Case No. 28301
March 19, 2014
CLARITO RUFO
On Direct Examination

A This are the one which the shabu was placed.

ACP BERNABE:

And, why do you say that, these are the very


boxes, where the said shabu was placed?

A This are the two (2) boxes which was brought to


the AVSECOM and these were also the two (2) boxes
that pass through the x-ray machine at the airport.

Q Now, you said that, you signed the boxes,


correct?

A Yes, sir.

Q So, can you point to us your signature on these


two (2) boxes?

Court Interpreter:

Witness pointed the signature reflected on the


cover of the first balik bayan box, and also pointed
the signature at side of the fists box.

ACP BERNABE:

This box, Your Honor, where the witness pointed


his signature, is already marked as Exhibit C-1".
What about the other box, Mr. Witness?

COURT:

18
What about the signature?

ACP BERNABE:

I did not sub-marked it, Your Honor, because


there are many signatures, Your Honor.

COURT:

You are going to sub-marked?


TSN
Criminal Case No. 28301
March 19, 2014
CLARITO RUFO
On Direct Examination

ACP BERNABE:

Yes, Your Honor. The signature on the top of the


box, may we request Your Honor, that this be mark as
Exhibit C-2 and the signature identified by the
witness as the side of the box, sub-marked as Exhibit
C-3, thank you, Your Honor.

Q And, what about the other box, Mr. Witness,


please point to us your signature, which you said you
placed there?

Court Interpreter:

Witness pointed the signature at the side of the


cover of the second box.

Atty. MONTEMOR:

Side of the cover?

Court Interpreter:

Side of the cover. Witness pointed the signature


at the side of the cover of the second box, which is
already marked as B-1 of whose signature pointed
out by the witness is covered by the masking tape
which is used as sealant of the box and which is
attached to the box itself.

COURT:
19
Only one signature, because in the first box
there are two signatures?

Atty. MONTEMOR:

They cannot locate the signature.

ACP BERNABE:

May we be allowed to remove this straw.

TSN
Criminal Case No. 28301
March 19, 2014
CLARITO RUFO
On Direct Examination

COURT:

Yes, yes, you should have done earlier.

Atty. MONTEMOR:

The box is Exhibit B-1.

ACP BERNABE:

Exhibit B-1.

Atty. MONTEMOR:

The other box is C-1?

ACP BERNABE:

C-1.

COURT:

Anyway, Mr. Witness, how many signature did


you place on each box?

A Two (2).

20
Q Okay, the first box Exhibit C", you already found
two (2), there where is the fist one?

A This one.

COURT:

Okay, the other one?

Court Interpreter:

Witness pointed the signature on top of the


cover of the second balik bayan box, which is already
marked as Exhibit B-1".

TSN
Criminal Case No. 28301
March 19, 2014
CLARITO RUFO
On Direct Examination

ACP BERNABE:

The second box, Your Honor, marked as Exhibit


B-1, and may we request Your Honor, that the
signature of the witness on the side of the box, sub-
marked as Exhibit B-2, and the signature which he
pointed on the cover, be marked as Exhibit B-3.
May I proceed, Your Honor.

COURT:

Yes.

ACP BERNABE:

Now, Mr. Witness, can you identify that box,


where you, you said, it was open at that time when it
was at the inspection table and where you saw this
one (1) box of Alaska milk, containing this shabu?

A The first box.

Q Where, what first box are you referring to?

Court Interpreter:
21
Witness pointed the first balik bayan box, which
was already marked Exhibit C-1.

ACP BERNABE:

Now, and can you point to us in this box, where


is that compartment that was open and you saw this
Alaska Milk containing that shabu. May we request
permission Your Honor, that this box be open and the
witness point to that compartment inside the box.

COURT:

You manifest.

TSN
Criminal Case No. 28301
March 19, 2014
CLARITO RUFO
On Direct Examination

Court Interpreter:

Witness is looking at the balik bayan box, Exhibit


C-1", containing some groceries and pulled out at
the bottom of the box.

Atty. MONTEMOR:

Thats not the one.

ACP BERNABE:

May we ask, Your Honor, to remove all the


contents of the box.

A This is the compartment, sir.

Court Interpreter:

Witness pulled out the part of the box which


reflects a division and there is a bottom of the main
box, above this bottom.

22
COURT:

Hows that?

Atty. MONTEMOR:

That is not a secret compartment, Your Honor,


that is the cover of the box.

COURT:

That was his testimony.

A This is the compartment, sir.

Court Interpreter:

Witness is holding the fist part of the box,


holding it with his two (2) hands, pulling it upward
and which has a space on the bottom of the box.
TSN
Criminal Case No. 28301
March 19, 2014
CLARITO RUFO
On Direct Examination

Atty. MONTEMOR:

Your Honor, please, may we make a


manifestation into the record, Your Honor, that what
the witness pointed to us as secret compartment is
actually nothing but flop of the box, Your Honor, or
the cover of the box.

ACP BERNABE:

Id like to make a manifestation, Your Honor, that


there is a separate cover of the box, which was
removed, Your Honor, and this flop is folded inwards,
Your Honor.

COURT:

Why dont you ask the witness to demonstrate.

ACP BERNABE:

23
Yes, Your Honor, thats why, okay, Mr. Witness,
why, ah please show to us the, you said,
compartment which you saw inside that box?

Court Interpreter:

Witness holds the cover of the box inside.

COURT:

Where is the secret compartment there?

A This is the secret compartment.

Court Interpreter:

Witness is holding the top of the box upward,


then, pointing the bottom of the box, referring as the
secret compartment.

COURT:

Why did you say its secret?

TSN
Criminal Case No. 28301
March 19, 2014
CLARITO RUFO
On Direct Examination

ACP BERNABE:

What made you say that it is a secret


compartment, Mr. Witness?

A Because during that time sir, this was sealed,


here is the tape.

Q How was it sealed, Mr. Witness?

Court Interpreter:

Witness is demonstrating by holding this sealed


on top of the box.

ACP BERNABE:

So, who removed that sealed which you said?


24
A The passenger.

Q Who?

A Mr. Daud Arabani.

COURT:

Is that all?

Atty. MONTEMOR:

Yes.

COURT:

Go ahead, go ahead.

ACP BERNABE:

Yes, Your Honor, I already explain, Your Honor,


that there is a compartment inside the box. So, what
about the other box, did you know if there is, ah were
you able to open this?

TSN
Criminal Case No. 28301
March 19, 2014
CLARITO RUFO
On Direct Examination

A Yes, sir. .

ACP BERNABE:

So, in relation with this case, Mr. Witness, do you


recall if you have executed an affidavit?

A Yes, sir.

Q Can you identify that affidavit?

A Yes, sir, I can.

Q How can you identify that affidavit?

25
A Because of my signature, sir, and the content of
this box I can identify.

Q My question is, in relation to this case you are


testifying right now, do you recall if you have
executed an affidavit?

A Yes, sir.

Q Can you identify that?

A Yes, sir.

Q How will you identify that affidavit?

A Because I have my signature there.

Q Now, I am showing to you Mr. Witness, an


affidavit marked as Exhibit F, showing the signature
over the name Clarito E. Rufo, which signature and
name has been bracketed and marked as Exhibit F-
1, will you go over this and tell us, the relation of
that to that affidavit which you executed?

A This is my affidavit sir, that I executed in relation


to this case and the evidence, (witness pointed inside
the box) and here is my signature.

TSN
Criminal Case No. 28301
March 19, 2014
CLARITO RUFO
On Direct Examination

Court Interpreter:

Witness pointed the signature on top of the


name Clarito E. Rufo on the affidavit, already marked
as Exhibit F, of whose signature pointed out by the
witness is sub-marked as F-1.

ACP BERNABE:

Last question, Your Honor.

26
COURT:

Go ahead.

ACP BERNABE:

Now, Mr. Witness, in this box, you said, you were


able to find in that compartment which you said,
Alaska Milk, which later on, you said, contain shabu,
correct?

A Yes, sir.

Q Can you still recall how was the position of that


Alaska Milk box, which you, which was removed from
this box, marked as Exhibit?

COURT:

That is what the Court wanted to know, where


did it come from, the box?

ACP BERNABE:

Yes, Your Honor.

Court Interpreter:

Witness by using his right hand hold inside the


bottom of the box.

TSN
Criminal Case No. 28301
March 19, 2014
CLARITO RUFO
On Direct Examination

ACP BERNABE:

Witness placing his hands underneath.

Atty. MONTEMOR:

Underneath the box?

27
ACP BERNABE:

Underneath the compartment.

Atty. MONTEMOR:

There is no compartment, Your Honor, we object


to that.

ACP BERNABE:

As far as the witness is concern, Your Honor, he


said that, that is a compartment.

COURT:

Just describe, well, that could be a conclusion.

Atty. MONTEMOR:

Yes.

COURT:

He put his hands under the flop of the box.

Atty. MONTEMOR:

Okay.

ACP BERNABE:

And, what was the position of that Alaska Milk


box?

TSN
Criminal Case No. 28301
March 19, 2014
CLARITO RUFO
On Direct Examination

Atty. MONTEMOR:

We object to that question, Your Honor, witness


testified it was the accused who got the box inside.

28
ACP BERNABE:

Yes, Your Honor, but he saw, Your Honor.

COURT:

Yes, he was there, the question is, what was the


position of the box?

A Place flat inside the box.

ACP BERNABE:

Okay, that will be all for the witness, Your Honor.

COURT:

Okay, cross-examination.

Atty. MONTEMOR:

With the kind permission of the Honorable Court.

COURT:

Would you like to, in this condition or you want


that to return first to the box, these items?

Atty. MONTEMOR:

Return first, Your Honor.

Recess for 2 minutes..

Sessions resumed after 2 minutes..

TSN
Criminal Case No. 28301
March 19, 2014
CLARITO RUFO
On Cross-Examination

COURT:

Ready?

29
ACP BERNABE:

Yes, Your Honor.

Atty. MONTEMOR:

With the kind permission of the Honorable Court.

COURT:

Okay, go ahead.

Atty. MONTEMOR:

Mr. Witness, you said on November 8, 2013, at


6:30 oclock in the morning, you were assigned at the
Initial Screening area, is that correct?

A Yes, ma'am.

Q Okay, and, you were assigned then, as Baggage


Inspector, right, please answer, do not just nod your
head, because it is being recorded?

A Yes, ma'am.

Q And, at that time, it was Emilia Original, who was


the x-ray operator?

A Yes, ma'am.

Q Okay, meaning, Mrs. Original, was the first one


in the line of the OTS Employees there, Mrs. Original
was first in line?

A Yes.

Q Because, she was the one manning the x-ray


machine?

TSN
Criminal Case No. 28301
March 19, 2014
CLARITO RUFO
On Cross-Examination

A Yes, ma'am.
30
Atty. MONTEMOR:

And, you were beside, Mrs. Original, is that


right?

A Yes, ma'am.

Q You were beside the baggage counter?

A Yes, ma'am.

Q And, so, Mr. Original called your attention, when


she saw a box, where there was a black object inside
which you said, which according to you, Mrs. Orginal
did not know what the contents was, is that right?

A Yes.

Q Okay, and, when Mrs. Original called your


attention, you only saw, there was only one box that
pass through the x-ray machine at that time?

A They pass through the x-ray machine, one after


the other.

Q Okay, so, when Mrs. Original called your


attention, the two (2) boxes have already passed
through the x-ray machine?

A Yes, ma'am.

Q And so, you were the one who personally lifted


the boxes to the table?

A No.

Q Who did that?

A The passenger.

Q The passenger, the passenger was there also?

A Yes, ma'am.
TSN
Criminal Case No. 28301
March 19, 2014
CLARITO RUFO
On Cross-Examination
31
Atty. MONTEMOR:

Okay, and, he was the passenger whom you


identified earlier as Mohammad Daud?

A Yes, ma'am.

Q Okay, and so, the boxes were placed on the?

A Top of the table.

Q Top of the table, both boxes or only one?

A Only one.

Q Only one, which box was that?

A That one.

Q Youre very sure?

Court Interpreter:

Witness pointed to Exhibit C-1.

Atty. MONTEMOR:

Exhibit C-1, so, this was placed on the counter,


baggage counter?

A Baggage Inspector Table.

Q Baggage Inspector Table, baggage inspection


table, and this box, was this way?

A That is complete there is the straw with masking


tape.

Q And, so, you said, you asked the passenger to


open the box?

A Yes.

TSN
Criminal Case No. 28301
March 19, 2014
32
CLARITO RUFO
On Cross-Examination

Atty. MONTEMOR:

And, you gave him a pair of scissor?

A Yes.

Q And, how did you open the box?

A Open the box, cut one by one the straw.

Q Cut one by one the straw and what else?

A And the second is the masking tape.

Q So, he also cut the masking tape?

A Yes.

Q And then, what did he do next?

A He open the box.

Q He open, remove the lead of the box?

A Yes, the lead he open that.

Q Okay, and, when it was already open, what did


you do, if any?

A I told him to open, because I wanted to see that


black items inside the box.

COURT:

The items that made a black image inside the


box.

Atty. MONTEMOR:

Okay, now, when the box was open, did you


peep at the contents of the box?

A Yes, ma'am.
TSN
33
Criminal Case No. 28301
March 19, 2014
CLARITO RUFO
On Cross-Examination

Atty. MONTEMOR:

And, what did you see?

A The first thing I saw was chichiriyas, groceries


like small boxes of Alaska milk, tea, and biscuits.

Q And then, you did not see anything, that was


black?

A No, I did not see the thing on top.

Q Okay, on top, and so, you asked him, where is


that object that show black in the x-ray, is that what
you asked him?

A I asked him, where is that black which was


showed inside the box.

Q And, what was his answer?

A He said, there is none.

Q And, when he said, there is none, what did you


do, if any?

A I check the box properly, and, when I look at it, I


notice that the bottom was sealed, and then, as if
there was a compartment.

Q Okay, now, at that time, the chichiriyas were still


inside the box?

A No, it was already removed maam, we help him


to remove, so that the bottom can be cleared.

Q So, the bottom was actually clear already?

A Yes, ma'am.

Q So, it was already the bottom?

34
A No maam, because there was really a proof
that, there is still a compartment below.

Q And, you did not touch that compartment?


TSN
Criminal Case No. 28301
March 19, 2014
CLARITO RUFO
On Cross-Examination

A No, ma'am.

Atty. MONTEMOR:

You did not?

A Yes, ma'am.

Q So, what did you do?

A I ask Mr. Daud to open, using the scissor.

Q Okay, and that was when, he brought out a box


of Alaska milk?

A Yes.

Q And, he showed it to you and told you that it was


nothing but, milk?

A Yes.

Q And, what did you do, ah he give it to you?

A He give to me the box, but I did not open it.

Q Okay, and then, you ask him to get another box?

A Yes, ma'am.

Q And, when he got another box and gave it to


you, you also did not open the box?

A No.

Q You did not open the box at all, and when you
already have these two (2) boxes, that was the time
35
when you called the attention of PO1 Maadil, whom
you said, at that time was positioned near the second
x-ray machine?

TSN
Criminal Case No. 28301
March 19, 2014
CLARITO RUFO
On Cross-Examination

A When it was handed to Maadil, that was the time


that the two (2) boxes of Alaska milk were open, the
one who open those two (2) boxes maam, was the
owner Daud, he remove the foil inside the box.

Atty. MONTEMOR:

Okay, in other words, when you went to PO1


Maadil, you also have with you accompanying you,
Mr. Daud?

A I did not leave my position ma'am, we were just


there at our position at the x-ray area, but I just
called the attention of PO1 Maadil.

Q In other words, it was PO1 Maadil who came to


where you were?

A Yes, ma'am.

Q Okay, and, was he alone?

A With SPO3 Bunye.

Q Okay, and so, it was there that these two (2)


boxes of milk, these two (2) boxes were open?

A Yes, ma'am.

Q And, after that, you said, you placed the two (2)
balik bayan boxes on a push cart and brought this to
the Office of the AVSECOM?

A Yes, ma'am.

36
Q And, with you this time were, Maadil, Daud, and
you said also, Salim Sabtari, the two (2) of them?

A Yes, ma'am.

Q So, who identified Salim Sabtari?

TSN
Criminal Case No. 28301
March 19, 2014
CLARITO RUFO
On Cross-Examination

A There already at the Office of the AVSECOM,


because they gave an identification card, this postal
I.D.

Atty. MONTEMOR:

So, you are saying that, that Daud and Sabtari


were together in going to your office ah to the Office
of the AVSECOM, you are very certain of that?

A They were together.

Q Okay, you are very certain of that, and, when


you arrive there, you place these boxes, you said, you
turned over these boxes to the Office, the chief you
said, of the AVSECOM?

A Yes.

Q And, you immediately left, you and Mrs. Orginal,


left and went back to your?

A Work.

Q Work, in other words, Mr. Witness, you do not


know for a fact, whether those two (2) boxes of
Alaska milk which were taken out by Mr. Daud
Arabani, you do not know for a fact, whether in had
other companions there, inside the box?

A Yes, ma'am.

37
Q You also do not know that for a fact, that what
was taken from the box was shabu?

A I came to know later when the AVSE Group open


the box, and they were the one who gave us the
confirmation that the content of the box was shabu.

Q So, it was just told to you, that what was found


inside was shabu?

A Yes, ma'am.

Q No personal knowledge on your part?


TSN
Criminal Case No. 28301
March 19, 2014
CLARITO RUFO
On Cross-Examination

A Yes, ma'am.

Atty. MONTEMOR:

Okay, you also do not know, whether, there were


other boxes containing the same items inside that
box, you do not know that for a fact, you were only
told?

A Yes, ma'am.

Q Okay, in so far as the second box is concerned,


you really do not know, what were inside in this box,
which you have identified as one of those which was
brought in the Office of the AVSECOM, because you
have affixed your signature, right?

A Yes, ma'am.

Q Okay, so, isnt that after that, you went back to


your work area, continue doing your work, and it was
already at around10:00 oclock, when you were called
to the AVSECOM Office?

A Yes, ma'am.

Q Okay, and, when you were already there, that


was the time when you were asked to sign?
38
A Yes.

Q Okay, now this affidavit of yours Mr. Witness,


you were not of course the one who prepared it?

A We were the one who made it.

Q You were the one who type it?

A We were the one who talk and gave them the


statement.

TSN
Criminal Case No. 28301
March 19, 2014
CLARITO RUFO
On Cross-Examination

Atty. MONTEMOR:

And, you have affirmed the contents of this


affidavit of yours, which has been marked as Exhibit
F, which is marked also Exhibit 2, Your Honor, for
the defense in our pretrial summary, so, Mr. Witness,
lets be clear, you only signed these two (2) balik
bayan boxes at 10:00 oclock in the morning.

A Yes.

Q And, those were the only ones that you signed,


the boxes?

A Yes.

Atty. MONTEMOR:

Okay, I am done with the witness, Your Honor.

COURT:

Okay, any redirect?

39
ACP BERNABE:

No redirect.

COURT:

Okay, you are excused, Mr. Witness.

A Salamat po.

COURT:

Thank you also for coming.

COURT:

So?

TSN
Criminal Case No. 28301
March 19, 2014
CLARITO RUFO
On Cross-Examination

ACP BERNABE:

Your Honor, considering that there are, although


this is still scheduled tomorrow, to give chance also to
other cases, may we ask for continuance, tomorrow.

COURT:

Okay.

Atty. MONTEMOR:

This is scheduled tomorrow, Your Honor.

COURT:

Order. In todays trial, the prosecution


presented Clarito E. Rufo, who during his testimony
identified accused Mohd Daud Hashim y Arabani and
Kalim Sabtari Salim, identified as the passengers who
brought the Balik Bayan boxes. He also identified the two
40
(2) Balik Bayan boxes marked as Exhibits C-1, and B-
1, respectively. After his testimony, the prosecution
moved for a continuance to give way also to other cases
that are ready for trial today.

WHEREFORE, call this case for continuation of


reception of prosecution evidence tomorrow March 20,
2014, at 2:00 oclock in the afternoon, as scheduled.

SO ORDERED.
X - - - - - - - - - - - - - - - - - - - - - - - X
CERTIFICATION
I HEREBY CERTIFY that the foregoing transcript of stenographic notes,
consisting of 38 pages, is true and correct to the best of my
knowledge and ability.

MA. ELSBETH SALVADOR


TUBAN
Court Stenographer III

41