DIRECT EXAMINATION (ARCEO)

Total number of defense witnesses: Five (5) Witnesses

DEFENSE: Your honor, I would like to call Mr. Reginald Mabilangan Arceo, one of the accused in this
case, to the stand to testify on what transpired in the evening of August 9, 2018 until August 10, 2018,
and to controvert the material allegations in the information.

DEFENSE: Mr. Arceo, where were you in the evening of August 9, 2018?

REGI: We had a buffet dinner at the Century Hotel and thereafter, went to Viber’s club for a couple of
drinks.

DEFENSE: You said “we”, who are you with?

REGI: I was with work colleagues, other soldiers during dinner. Then, with my best pal Earvin Atienza at
Viber’s.

Defense: So you were with a group of Soldiers during Dinner. But from that group only you and Mr.
Atienza went to vibers?

Regi: Yes.

Defense: What did you do at viber’s?

Regi: We had some drinks and some entertainment?

Defense: What kind of entertainment, Mr. Witness?

Regi: They have girls dancing in the ledge and some are roaming around talking to guests.

Defense: Did you talk to any of the girls?

Regi: Yes, I talked to one of them and invited her to our table, with Earvin.

Defense: Who is that girl you talked to and whom you invited?

Regi: Ms. Miles Libres.

Defense: What did you talk about?

Regi: She told us about the odd jobs she is doing to save money in order to go abroad. I told her she
looked young to be working. She said she had actually just turned 18. She also asked us if we can help
her get a US visa.

Defense: What is your reply to her request for assistance in getting a Visa?

Regi: I just told her I can refer her to our inquiry officer at the embassy. She said thank you, gave me an
embrace, and held my hand the entire time she was at our table.
Defense: Up to what time did she stay in your table?

Regi: Not the entire night, after some drinks she went back to her friends, two girls, because she was
already getting little light headed.

Defense: Who else did you meet or talk to after Ms. Libres?

Regi: No one else. But we saw her with her two friends when we are about to exit the club.

Defense: What happened when you saw her the second time that night?

Regi: She introduced us to her friends, Angelie and Audrey. They were also leaving. So she asked us if
they can hitch a ride home since their homes are nearby, and so that we can know each other a little
better.

Defense: What is your reply to her request?

Regi: Of course, we gladly accommodated their request to hitch a ride home just to be sure that they
will arrive home safely, and I said that it would be interesting to get to know her too. So we all rode the
van.

Defense: Who is driving the van?

Regi: Earvin.

Defense: Where were you seated?

Regi: Initially at the passenger’s seat in front. Then, after dropping off Angelie, I exchanged seat with
Audrey as requested by Miles. She said she wants us to be closer to each other.

Defense: After Angelie, who was the next one to be dropped off?

Regi: Audrey.

Defense: What happened after you reached Audrey’s home?

Regi: Audrey alighted the van and we said goodbye. Then, to my surprise Miles started kissing and
touching me.

Defense: What did you then, if any?

Regi: I told her to stop since I knew she was already drunk but she insisted that she knew what she was
doing. With that assurance, I reciprocated the kisses and touches to her delight. She even said, while
giggling, that I should stop by her house for an “early morning delight.”

Defense: So she assured you that she knew what she was doing?

Regi: Yes.
Defense: What is an early morning delight in the context of your conversation?

Regi: I have no doubt that she meant having sex.

Defense: So in your conversation, who prompted that you two can have sex?

Regi: Definitely Miles by her words and actions.

Defense: Did you force, threaten or intimidate her or offered something to her to have sex with you?

Regi: 100% sure that I did not.

Defense: What happened after she suggested having an early morning delight?

Regi: She realized that her mother might see us at their house so she changed her mind and suggested
that we can just do it in the van. So I prompted Earvin to stop the van along a dark alley.

Defense: Do what in the van?

Regi: Sexual intercourse. Sex inside the van.

Defense: What was Earvin’s response to your instruction?

Regi: He obeyed, parked the car along the alley, and then he voluntarily got off the van to wait outside
and act us our look-out.

Defense: So while Earvin was outside the van, what happened inside the van?

Regi: Miles and I had fun. She was wild with her sexual antics and very satisfied with my counter-antics.
But due to the cramped space, Miles suggested that we continue our escapade outside the van besides
it was dark outside, so there’s a little chance of being caught.

Defense: While having sex, is there any force, threat or intimidation on your part to sustain the act?

Regi: None at all. In fact, after reaching the peak, Miles asked for another round.

Defense: What was your reply?

Regi: I said I no longer have the energy and it was already around 2am. But she was still in heat, hence
she called Earvin and suggested that he give her a try but Earvin declined. So we just all went back inside
the van to drive Miles home.

Defense: Who was driving the van when you were going to Miles’s home?

Regi: Still Earvin. Miles and I are at the back seat cuddling each other.

Defense: How long were you cuddling?

Regi: Not that long since the dark alley where we had our escapade was just two blocks away from her
home.

Defense: What happened after you cuddled each other?

Regi: She was about to alight the van. I offered to walk her to their gate. But she refused because her
mother might already be awake. So we just stopped the van more or less 5 meters from her house.
Before alighting, she told me she enjoyed what we did and hat we should do it again next time.

Defense: What was your reply?

Regi: I just smiled.

Defense: What was her reaction, if any?

Regi: She gave me her phone number written on a piece of paper, and sealed it with a kiss.

Defense: I have here a piece of paper with a phone number written on it, and with a kissmark pre-
marked as Exhibits 10, 10-a, and 10-b, respectively. Do you recognize this?

Regi: Yes, that’s the paper Miles gave me.

Defense: After giving you this paper, what happened next?

Regi: She asked me to call her and visit Viber again the next day. She also said while giggling that she will
tell everyone that I raped her if I will not call or visit her. After that she walked fast toward her home
and went inside.

Defense: What happened next, if any?

Regi: I was thirsty so Earvin and I bought a mineral water in the nearby convenience store. We bought 2
bottles of mineral water and a pack of cigarette.

Defense: I have here a tape receipt for Meni-meni convenience store showing a purchase of 2 bottles of
mineral water and a pack of cigarette around 2:35 am of August 10, 2018 pre-marked as Exhibit 11, the
date as exhibit 11-a, and the time as 11-b. Is this the receipt from your purchase?

Regi: Yes.

Defense: After buying from the store, what did you do?

Regi: Earvin and I went home.

Defense: What did you do with the piece of paper that Miles gave you?

Regi: I just kept it. Unfortunately, I had a busy schedule and thus I was not able to neither call Miles nor
visit Viber’s club the next day.
Defense: Mr. Witness, are you the accused in the complaint for rape filed by Ms. Miles Libres?

Regi: Yes. I was one of the accused.

Defense: Do you remember executing a counter-affidavit dated Sept 4 related to the said case?

Regi: Yes.

Defense: If I will show you the said counter-affidavit, will you be able to recognize it?

Regi: Yes.

Defense: I am showing you a counter-affidavit dated Sept 4 signed by Mr. Reginald Arceo, is this the
same counter-affidavit that you executed?

Regi: Yes.

Defense: On page 3, there appears to be a signature above a name. Do you recognize that signature?

Regi: Yes. That is my signature.

Defense: Your Honor, we respectfully submit the Counter-Affidavit of Mr. Reginal Arceo, composed of 5
pages, pre-marked as Exhibit 1 to 1-d, and the signature thereon as Exhibit c-1.

Defense: Thank you Mr. Arceo. That will be all your Honor.