PRACTICE COURT I Fiscal Villordon

Group 6 3 February 2019, 7-9pm

Agas Rosalie Tobilla, Ma Nerissa

Ong, Christian Edward Sambajon, Julie Ann
Quilaman, Roland John Ela, Sharon
Ravilas, Judilyn Vital, April

ENTRANCE

BAILIFF (Rosalie): All rise!

Court is now in session. Silence is hereby enjoined.
Branch _____, Regional Trial Court of _____________
Judge ___________________, presiding

JUDGE: (Bangs the gavel.) Call the case

BAILIFF: Criminal Case No. 18L-02403

People of the Philippines versus Winnie Pooh y Tosque et al, for Murder

Group 6 : (Everybody stands.)

PROSECUTION:
ASSIST. PROSEC: For the prosecution, Your Honor (YH), representing the
People of the Phils.
Ela : I am Atty. SHARON ELA, Assistant City Prosecutor

Judilyn: I Am Atty JUDILYN RAVILAS,YH acting as private prosecutor under the

direct control and supervision of the Public Prosecutor

Glyndores: I Am Glyndores Baustitalla, acting as private prosecutor under the direct

control and supervision of the Public Prosecutor
Ela : We are ready, YH.

DEFENSE:
DEFENSE Christian :For the defense, YH, representing the accused. I am Atty. Christian Edward
F Ong lead counsel, and together with my co-counsels

April : I am Atty April Vital, YH. for the defense

Roland : I am Atty Roland Quilaman, YH for the defense

Christian : We are ready YH

ARRAIGNMENT
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JUDGE: Are the accused in court?

B (Rosalie): Yes, YH. (Accused stands.)

Judge: Alright, arraign the accused.

(Accused comes near the bailiff, beside the defense panel. Defense lawyers stand
beside the accused during arraignment.)

B(Rosalie): You are the accused in Criminal Case No. 18L-02403 entitled People of the
Philippines versus Winnie Pooh y Tosque et al, and the Information charges
you of the crime of Murder committed as followed:

“That on or about 11:45PM,on 29 November 2018, in the City of Pasig and

within the jurisdiction of this Honorable Court, the said accused aimed a loaded rifle
at the person of MICKEY MOUSE AKA MIC and willfully, unlawfully and
feloniously, with intent to kill and evident premeditation, discharged the said firearm
in the direction of MICKEY, inflicting fatal wounds thereupon.

“Contrary to law.

What is your plea?

ACCUSED: Not guilty, YH.

B(Rosalie): The accused enters a plea of NOT guilty, YH.

J: Alright, enter a plea of not guilty.

PRE-TRIAL

Plea Bargaining

J: Are the parties willing to agree to enter into a plea-bargaining?

PROS(Ela):
Your Honor Please (YHP), the prosecution does not desire to enter into plea-
bargaining.

DEFENSE(Christian): YHP, the defense does not also desire to enter to plea bargaining.

Marking of Exhibits

J: Alright, mark your exhibits.

PROS (Ela).
With the permission of this Honorable Court.
YHP, the prosecution will present the following documentary evidence and mark as
prosecution’s exhibits:
EXH. A. MEDICO LEGAL REPORT NO.A-234-EPDCLSO-18
from the Philippine National Police Crime Laboratory Service
National Capital Regional Unit Pasig Satellite Office, Meralco
Ave Pasig City
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EXH. A-1 The Signature of PCI MARIANNE S EBDANE MD on the

Medico Legal Report

EXH. A-2 The Cause of the Death indicated in the Medico Legal
Report

EXH. B. Page 1 of the POLICE REFFERAL LETTER dated

29 Nov 2018 Subscribed and sworn to before Assistant City
Prosecutor Arvle M Manook

EXH B-1 Page 2 of POLICE REFFERSL LETTER

EXH. C. Page 1 of SWORN STATEMENT OF MINNIE MOUSE

(Wife of the Deceased).

EXH. C-1 Page 2 of the SWORN STATEMENT of MINNIE

MOUSE.

EXH. C-2 Page 3 of the SWORN STATEMENT of MINNIE MOUSE

with signature

EXH. D Page 1 of SWORN STATEMENT of TIGGER ELITE y

TORPE (Witness)

EXH. D-1 Page 2 of the SWORN STATEMENT of TIGGER ELITE

with Signature

EXH. E Photograph of the Gunman’s sight/view (Crime Scene)

EXH. F Photograph of the recorded CCTV Footage

EXH. G Photograph of the Victim (Deceased)

EXH. H Photograph Worksheet Report from Crime Laboratory signed by

PSI JOSEPH CANONIGO

EXH. I Photograph of valid ID of MINNIE MOUSE (Wife of the Deceased)

EXH. J CERTIFICATE OF DEATH of deceased victim MICKEY MOUSE y

TOSQUE

The prosecution, YH, reserves its right to introduce submarkings to the pre-marked
exhibits and present other documentary evidence during the course of the trial,
subject to further directions and limitations that this Honorable Court may impose.

J: Alright, subject to the 3-day notice rule, otherwise the evidence shall not be
considered by the court…

How about the defense? Mark your exhibits.

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DEFENSE(Christian):
With the permission of the Honorable Court.
YHP, the defense will present the following evidence and request that these be
marked as follows:
EXH. 1 CCTV FOOTAGE of the area, front left and right side
EXH. 2 MEDICAL CERTIFICATE of Accused issued by Fatima Medical
Center

The defense, YH, reserves its right to introduce submarkings to the pre-marked
exhibits and present other documentary evidence during the course of the trial,
subject to further directions and limitations that this Honorable Court may impose.

J: Alright, subject to the 3-day notice rule, otherwise the evidence shall not be
considered by the court…

Admissions/Stipulation of Facts

J: Any admission?

(By the Prosecution)

PROS(Ela).
YHP, the prosecution requests for the admission by the defense of the following
documentary exhibits already earlier pre-marked.

First, MEDICO LEGAL REPORT No. A-234-EPDCLSO-18 and the truth of the
finds and facts therein stated to dispense with the necessity of presenting expert
testimony on the matter. The Medico Legal Report is pre-marked as Exh. A for the
prosecution and we are now showing the accused and furnishing the court.

DEFENSE (Christian) : The defense admits YH.

PROS (Ela).
Second, YHP, we would like to request for the admission by the defense of the
Police Referral Letter to the Quezon City Asst. City Prosecutor’s Office consisting
of 2 pages pre-marked as Exhibits B and B-1, to dispense with the testimony of the
police. We are also furnishing the defense and the court of a copy.

DEFENSE(Christian): We admit only the existence of the exhibits, YH, but not as to the entries and
the
truth of the facts therein stated.

J: What does the prosecution say?

PROS(Ela).
We submit, YH.

YH, we also request for the admission by the defense of the jurisdiction of this
Honorable Court to hear and try this case.

DEFENSE(Christian): We admit, YH.

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PROS (Ela). No further request for admission, YH. Thank you, YH.

(By the defense)

DEFENSE: With the permission of the Honorable Court.

Christian YHP, the defense requests for the admission by the prosecution of the genuineness
and due execution of the Medical Certificate of the Accused issued by the Fatima
Medical Center and the truth and findings of facts therein stated to dispense with the
necessity of presenting expert testimony on the matter. The Medical Certificate of
the accused is pre-marked as Exh. 2 for the defense and we are showing the
prosecution and court a copy of it.

PROS (Ela). The prosecution admits, YH.

DEFENSE (Christian): No further request for admissions, YH.

Identification of Issues

J: So what are the issues to be resolved?

PROS (Ela).
YHP, the prosecution submits the following issued to be resolved:
1. Whether the accused was present at the scene of the crime
2. Whether the accused committed the offense charged in the Information

J: How about the defense?

DEFENSE; (Christian)
We adopt the same issues, YH.

Number of Witnesses

PROS(Ela).
The prosecution will present 3 witnesses, YH. First is Minnie Mouse , the wife of
the deceased victim, who will testify on the incidents attendant to the killing. Second
is Tigger Elite y Torpe, the cousin of the deceased victim. Third is Mr Piglet
Sumulong y Bob , cousin of the victim .

The prosecution reserves its right to present other witnesses in the course of the trial,
YH.

J: Alright, how about the defense, how many witnesses?

DEFENSE (Christian):
YHP, the defense will present 2 witnesses. First is Winnie Pooh y Tosque, the
accused himself who will testify on his own behalf and establish that he did not
commit the offense charged in the information. Second is Mr. Bugs Bunny y Tosque
who will corroborate the testimony of his co- accused.

The accused, YH, reserves his right to present other witnesses in the course of the
trial.
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J: Alright, are the parties willing to consider the pre-trial terminated?

PROS/DEF. Yes, YH.

(Christian/Ela)
J: Subject to the issuance of the Pre-trial Order, the pre-trial of this case is hereby
terminated. Prosecution, present your witnesses.

PROSECUTION’S PRESENTATION OF EVIDENCE

Direct Examination – Ramon Perez

Prosec : May we call on Minnie Mouse, Your Honor.

(Ela)
Judge: All right, swear in the witness

Bailiff: Please raise your right hand. Do you swear to tell the truth, the whole truth, the
whole truth and nothing but the truth in the testimony you are about to give?

Minnie: Yes, I do.

(Nerissa)
Bailiff (Rosalie):Please state your name, age, address and other personal circumstances.

Minnie (N):I am Minnie Mouse, 41 years old, married, and residing at No. 366
Melendres Compound Pag Asa St Brgy Caniogan Pasig City

Prosec: YH, we are endorsing the prosecution of this case to the private prosecutor, Private
(Ela)
Judge: Granted.

PRIVATE PROSEC (Judilyn):

YH, we are offering the testimony of the witness to prove
That on Nov. 29, 2018, the accused, Wnnie Pooh et al, shot Mickey Mouse which caused his
death.

JUDGE:
proceed.

. PRIVATE PROSEC (J)

YH, may I approach the witness?

JUDGE:
Granted:

PRIVATE PROSEC (J)

QUESTION: Ms Mouse, where were you on Nov. 15, 2018 at about 11pm to 12 am?

ANSWER: I was with my husband mam.

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Q: And who is that you are referring to?

A: He is Mickey Mouse mam, the deceased.

Q: You said you were at your house on 11 pm to 12am is that correct?

A: Yes mam

Q: And you just said, you were with your husband?

A: Yes mam.

Q: So what you were doing at that time?

A: We just arrived home mam.

Q: And what happen next?

A: I parked the car then my husband alighted first to enter the house.

Q: When you arrived home did you find something unusual?

A: Yes mam.

Q: And what is it?

A: While I parked the car I saw four men in front of the house.

Q: Do you happened to remember what clothes they are wearing?

. DEFENSE: (C)
Objection YH. It is irrelevant.

. PRIVATE PROSEC
YH, I just want to show that the witness recalls the event clearly.

Judge: _________

Minie: (if judge sustains) Sando and shorts mam. (if judge overrules, balewala na)

PRIVATE PROSEC (J)

Q: When your husband alighted the car what was happened?

A: I saw my husband suddenly collapsed before he can open the door.

Q: What is the cause of his sudden collapsed?

A: He was shot mam?

Q: Did you figure out who did that?

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A: Yes Mam

Q: And who did that?

A: It was Winnie Pooh and his companion.

Q: Is Winnie Pooh and his companion in this courtroom now?

A: Yes, they are.

Q: YH, may I request that the witness be allowed to point Winnie Pooh.

JUDGE: O.K.

Minnie point Winnie Pooh.

Q: Now, YH, I will show a document to the witness, which was premarked during the pre-trial
as Exhibit C. Can you please tell what this document is?

A: This is my written statement which I gave to the police on Dec 13, 2018.

Q: YH, I will pinpoint to a signature which was also premarked as Exhibit C-1. Do you
recognized the signature?

A: Yes mam, it is my signature.

Q: No further questions YH.

JUDGE:
Cross?

DEFENSE COUNSEL:
With your kind permission YH.

JUDGE:
Proceed.

Cross Examination – Minnie Mouse (Nerissa)

DEFENSE: (Christian)

QUESTION: Ms Minnie, you answered during your direct examination that you recognize Winnie
who shot your husband, is that correct?

ANSWER: Yes sir. It was Winnie.

Q: You also mentioned that before the shooting you saw four men in front of your house?

A: Yes sir.
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Q: How far are you?

A: Just few meters sir

Q: Help me with this, Ms Minnie. If you were few meters, during the shooting, how did you
recognize the shooter?

A: I got a glimpse of his face, sir.

Q: You got a glimpse of his face. Just a glimpse? You did not clearly see his face?

PRIVATE PROSEC:( J)
Objection YH. It is misleading.

Judge: _________

(if judge sustains, ask the next question, if judge overrules, then Minnie must answer.)

Minnie: You can say that.

Q: Do you know Winnie pooh and his companion, other than being the accused of the one who
shot your husband?

A: Yes sir. They are is our neighbor in Melendres Compound .

Q: Do you know any reason for Winnie Pooh to hurt you or your Husband?

A: Yes Sir.

Q: Did Winnie Pooh had any fight with you or your husband?

A: Yes few months back

Q: And what is all that about?

A: About the land in our compound that should be divided to the homeowners.

Q: Where were you when the shooting began?

A: In front of my home parking the car.

Q: How far is you from the place where you saw the person firing the gun?

A: About few meters length away.

Q: You said you were few meters away, am I correct?

PRIVATE PROS (J)

Objection YH. It has already asked and answered.
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Judge: (If he sustains, proceed to the next question. If he overrules, let Minnie answer.)

A: Yes.

Q: You mean to say that the person you saw firing the gun was Winnie.

A: Yes sir, I saw him aimed the gun to my husband .

Q: What kind of gun is that?

ATTY Judilyn:
Objection YH. The question is immaterial. The witness is not an expert to identify what
firearms used.

ATTY Christian :
YH, I am trying to show if the victim is really reliable, that she clearly remembers what the
events that day.

JUDGE:
(if he sustains, proceed to the next question. If he overrules, let Minnie answer.)

A: I only know it’s a long firearm mam.

ATTY DEFENSE:
No further question YH.

Direct Examination – Tigger Elite (Julie Ann Sambajon)

ATTY ELA:YH may I call on Ms Tigger Elite

JUDGE: Granted

Bailiff: Please raise your right hand. Do you swear to tell the truth, the whole truth, the
whole truth and nothing but the truth in the testimony you are about to give?

Tigger: Yes, I do.

(Julie Ann)

Bailiff (Rosalie):Please state your name, age, address and other personal circumstances

.
A: I am Tigger Elite y Torpe 53 years old, married, residents of #150 Melendres Compound Pag
asa St Brgy Caniogan Pasig City

ATTY Ela: YH, we are endorsing of this case to the private prosecutor ATTY Glyndores Bautistalla.

JUDGE: Granted

ATTY Glyndores:
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YH, we are offering the testimony of the witness to prove that the victim (Mickey Mouse
was shot and killed on November 29, 2018
JUDGE: Proceed

Q: On November 29, 2018, where were you?

A: I was at home mam

Q: What were you doing?

A: I suddenly wake up because of the commotion outside my house mam

Q: Can you recall the time?

A: Yes, ma’am.It was 11:45 PM

Q: When you wake up at 11:45 PM did you notice unusual?

A: That there is commotion outside and when I glimpse on the window I saw a shadow pass by

Q: And what happened then?

A: I heard a gunshot mam, several gun shot

Q: After you heard it gunshot what happened next?

A: I heard a woman cry shouting the name “MICKEY”

Q: And who is Mickey?

A: He is my niece mam

Q: You said that you heard gun shot, where it is?

A: I heard on the side of my house mam

Q: You also said that you saw a shadow pass by, where did it go?

A: He pass by in front of the house few minutes before I heard the gun shot then I heard steps
immediately back after.

Q: And who were the residents beside your house?

A: The house where Bugs Bunny , son of Winnie Pooh

Q: And who is Winnie?

A: The accused and my neighbor mam

Q: And who is Bugs Bunny?

A: The Accused also mam

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Q: How about Mickey?

A: The victim and my neighbor also

Q: So you know both of them, do you happened to know if there is past events happened between
them?

A: On what I remember many angry with Winnie, and during the year 2015, there were
misunderstanding between Mickey and Bugs Bunny about watching loud TV , Mickey
called their attention but heated to altercation that lead to filing a suit.

Q: What you recall to the family of Pooh?

A: They happen to be unruly, Winnie was very bossy including his children, and one time we
were asked by policeman doing Oplan Katok, and we then known that Winnie and Bugs
Bunny own a gun.

Q: Now, YH, I will show a document to the witness, which was premarked during the pre-trial as
Exhibit D. Can you please tell what this document is?

A: That’s my sworn statement mam.

Q: YH, I will pinpoint to a signature which was also premarked as Exhibit D-1. Do you
recognized the signature?

A: Yes mam, it is my signature.

ATTY. RESSURRECCION:
That would be all, your honor.

COURT:
Cross?

Cross Examination – Tigger (Julie Ann)

ATTY. APRIL:
You said you were at home on November 29, 2018 at 11:45 pm Am I correct?

ANSWER:
Yes mam

Q: And you also said that you suddenly wake up?

A: Yes, ma’am.

Q: So you already sleeping then

A: Yes mam
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Q: What time you usually go to bed?

A: At about 8 pm mam

Q: So you went to bed at about 8Pm , it means you were deeply fall asleep?

A: Yes mam

Q: Then you said you heard commotion outside your house?

A: Yes your mam

Q: If you were deeply sleep, how come you heard that, or maybe it was just a dream?

Atty Glyndores: Objection YH, the question is misleading,the defense tends to confuse my client

Judge: (If he sustains, proceed to the next question. If he overrules, let Tigger answer.)

Q: YH, I just want to clarify to the witness of difference between a dream and reality, and a nap to
a sleep.

A: No mam, Im sure I am awake.

Q: You also tell to this honorable court that you saw a shadow pass by in your house?

A: Yes mam

Q: Did you check who was it?

A: No mam, because I was afraid?

Q: Why were you afraid?

A: I heard several gunshot then I heard and few steps immediately back mam

Q: So you just heard gun shot, but you did not see who fire the gun?

A: No mam

Q: Ms witness, are you sure you are not dreaming that night, at about 11:45pm?

Atty Glyn: Objection Yh, question are irrelevant.

Judge: (If he sustains, proceed to the next question. If he overrules, let Tigger answer.)

Q: Your honor as I said while a go, I just want Ms witness to clarify what is dream from reality.
A: No mam , I am awake

ATTY. APRIL :
That is all your Honor.
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OFFER OF EVIDENCE BY THE PROSECUTION

PROS. (Enee): No further witness for the prosecution, YH.

J: Alright, make your offer of evidence.

PROS (Ela).
With the permission of this Honorable Court.
YHP, the prosecution will present the following documentary evidence and mark as
prosecution’s exhibits:
EXH. A. MEDICO LEGAL REPORT NO.A-234-EPDCLSO-18
from the Philippine National Police Crime Laboratory Service
National Capital Regional Unit Pasig Satellite Office, Meralco
Ave Pasig City

EXH. A-1 The Signature of PCI MARIANNE S EBDANE MD on the

Medico Legal Report

EXH. A-2 The Cause of the Death indicated in the Medico Legal
Report

Exhibits A, A-1, and A-2, YH, are being offered in evidence to prove the
fact and cause of death of the victim in this criminal case,YH, which have been duly
admitted by the defense during the pre-trial together with the admission of the
genuineness and due execution of Exhibit A, YH.

EXH. B. Page 1 of the POLICE REFFERAL LETTER dated

29 Nov 2018 Subscribed and sworn to before Assistant City
Prosecutor Arvle M Manook

EXH B-1 Page 2 of POLICE REFFERSL LETTER

Exhibits B and B-1, YH, are being offered in evidence to prove the fact of
referral by the police upon its investigation to the Office of the Assistant City
Prosecutor for purposes of filing formal criminal charges against the accused, YH.

EXH. C. Page 1 of SWORN STATEMENT OF MINNIE MOUSE

(Wife of the Deceased).

EXH. C-1 Page 2 of the SWORN STATEMENT of MINNIE

MOUSE.

EXH. C-2 Page 3 of the SWORN STATEMENT of MINNIE MOUSE

with signature

EXH. D Page 1 of SWORN STATEMENT of TIGGER ELITE y

TORPE (Witness)

EXH. D-1 Page 2 of the SWORN STATEMENT of TIGGER ELITE

with Signature
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Exhibits C, C-1,C-2, and D, D-1 YH, are being offered in evidence sworn statement
filed in court the accused for the commission of the offense, YH.

EXH. E Photograph of the Gunman’s sight/view (Crime Scene)

EXH. F Photograph of the recorded CCTV Footage

EXH. G Photograph of the Victim (Deceased)

EXH. H Photograph Worksheet Report from Crime Laboratory signed by

PSI JOSEPH CANONIGO
Exhibits E, F,G, and H, YH, are being offered in evidence as other documentary
evidence supporting the claims upon charging the accused for the commission of the
offense, YH.

EXH. I CERTIFICATE OF DEATH of deceased victim MICKEY MOUSE y

TOSQUE
Exhibit I is being offered in evidence to prove the fact of death of the victim,
YH.

That is all for the prosecution, YH. The prosecution now rests its case.

DEFENSE’S PRESENTATION OF EVIDENCE

Direct Examination – Winnie Pooh (Julie Ann/Winnie)

ATTY. Roland:
The defense would like to call its first witness, the accused, Winnie

COURT:
Swear in the witness.

BAILIFF (Rosalie):
(To the witness who was called to the stand)
Please remaining standing and raise your right hand.
DO YOU SWEAR TO TELL THE WHOLE TRUTH AND NOTHING BUT THE TRUTH
IN THE TESTIMONY YOU ARE ABOUT TO GIVE IN THIS TRIAL?

WITNESS:
Yes, I do.

BAILIFF:
(To the witness)
Please be seated and state your name, age and other personal circumstances.

WITNESS:
My name is Winnie Pooh Y Tosque, 34 years old, married, and residing at #148 Melendres
Compund Pag asa St Brgy Caniogan Pasig City
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ATTY. Roland:
Your Honor please, we would like to ask for the exclusion of other witnesses for the defense.

COURT:
All right, place on record that the other defense witness was asked to step out of the
courtroom.

Proceed.

ATTY. Roland:
Your Honor please, the defense would like to offer the testimony of the witness, Winnie
Pooh , the accused in this case, to prove that he did not kill the deceased, Mickey Mouse,
and that he had no motive to kill the said victim.

COURT:
Proceed.

ATTY. Roland:
Your Honor, may I please approach the witness?

COURT:
All right, you may approach the witness.

ATTY. Roland:

QUESTION:
Mr. Pooh, can you recall where you were on 29 Nov. 2018 at on or about 11:45PM in the
afternoon?

ANSWER:
Yes, Sir. I was at the house of Bugs Bunny at No 150 Melendres Compound, Pag asa st
Brgy Caniogan Pasig City

Q: And who is this Bugs Bunny

A: He is my son sir

Q: Were you with anyone then?

A: Yes, Ma’am. My son Bugs bunny and my daughter Tweety Bird

\Q: What were they doing in your house?

A: We were both sleeping Sir

Q: What time you usually go to bed?

A: 9 PM sir

Q: At the middle of the night did wake up?

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A: Yes Sir

Q: Can you recall what was the time?

A: Yes sir, it was 12:00am in the morning

Q: Why you suddenly wake up?

A: Someone knocking on the door sir?

Q: Do you who was that?

A: It was Kagawad Jerry

Q: Why would he knock you at the middle of the night

A: He told me that my neighbor was shot and killed.

Q: And who is your neighbor?

A: Mr Winnie the Pooh

Q: Now, in this Letter Request to the Honorable City Prosecutor of Pasig City, signed by Senior
Inspector Gregorio De Guzman, which has been pre-marked as Exhibit “C”, it is stated here
on page two (2), par. 2, that “the accused Salvador went into hiding.” What can you say
about this?

A: That’s not true, Ma’am. I did not go into hiding. In fact, I just stayed home a few days after
the incident, as I was recuperating from my wound.

Q: It is also stated in the same Letter Request that “with the intercession of his relatives,
accused Salvador surrendered to PO3 Pablo Borjal at about 3:30 p.m. on 26 Nov. 2000 at
Camp Capinpin, Tanay, Rizal, and was brought to the SID for investigation and proper
disposition.” What can you say about this?

A: That is also not true, Ma’am. I did not surrender at Camp Capinpin. The truth was it was
only after about a week from 15 Nov. that I learned from my neighbors that I was a suspect
in a killing.

Q: Upon learning of such, what did you do?

A: I was confused at that time, Ma’am. I thought that there I was, wounded myself and now a
suspect in a killing. But after a while I came to a decision. I decided to go see Mr. and Mrs.
Sia. I told them that I was a suspect in a killing, and that I wanted my name cleared. Mr. Sia
then accompanied me to the police station in Sangangdaan, Novaliches.

Q: When did this happen? When did you go to the police station?

A: On 26 Nov. 2000, Ma’am.

Q: Then what happened in the police station?

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A: The policemen told me that I was the one who killed a certain Rudy Perez, and that it would
be best if I admit such fact.

Q: And did you admit having killed Rudy Perez?

A: No, Ma’am. I told them that I did not know anything about the killing of Perez, and that I
would get a lawyer to defend me.

Q: Then what happened?

A: The policemen placed me inside the jail. They told me that I could only be released if I
posted bail.

Q: In the affidavit executed by Ramon Perez, brother of the deceased, he said that while you
were in jail, he identified you as his brother’s killer. What can you say about that?

A: I do not know if he really had pointed to me while I was in jail because I do not recall ever
seeing him there.

Q: Were you released from jail, Mr. Salvador?

A: Yes, Ma’am, after posting bail.

Q: When were you released?

A: If I am not mistaken, Ma’am, that was on 12 Dec. 2000.

Q: After being released from jail what did you do?

A: I went home, Ma’am. Then I asked around from my neighbors about the person of this Rudy
Perez, and why I was being implicated in his killing.

Q: Why did you ask around about the person of Rudy Perez?

A: Because I do not know who he was, yet I was being suspected of having killed him.

Q: Mr. Salvador, you testified earlier that on or about 5:00 in the afternoon of 15 Nov. 2000,
you were in the house of Mr. and Mrs. Sia at 117 Melchora Aquino Road, Tandang Sora,
Quezon City. Is that right?

A: That’s right, Ma’am.

Q: Now, the prosecution witness, Ramon Perez, testified that his brother, Rudy Perez, was shot
by a man, whom he later identified as you, Mr. Salvador, from a barong-barong next to the
house he was watching at Banlat Road, Tandang Sora, Quezon City. Do you know where
this Banlat Road is?

A: Yes, Ma’am.

Q: How far is Banlat Road from the Sia’s house at Melchora Aquino Road?
 19

A: About 150-200 meters away.

Q: Can you make a sketch showing the location of the Sia’s house and its distance to Banlat
Road?

A: Yes, Ma’am.

(Atty. Cruz gives a bond paper to the witness, who proceeds to sketch.)

COURT:
Place on record that the witness has been furnished with a bond paper by counsel and is now
preparing a sketching in response to the question.

ATTY. CRUZ:
(After witness is through sketching and hands the bond paper back to Atty. Cruz)
Your Honor please, may we request that this sketch prepared by the witness be marked as
Exhibit “1”.

COURT:
Mark it.

ATTY. CRUZ:
Your Honor please, we would also like to have the following be marked:
 The street described as Tandang Sora as Exhibit “1-A”;
 The street described as Banlat Road as Exhibit “1-B”;
 The street described as Melchora Aquino St. as “1-C”; and
 The house, including the description of its distance from Banlat Road, as Exhibit
“1-D”.

COURT:
All right, make the markings.

ATTY. CRUZ:
Thank you, Your Honor. Nothing further.

Cross examination– Max Salvador

ATTY. RESURRECCION:

QUESTION:
Mr. Salvador, when the police investigated you in connection with the killing of Rudy Perez,
did they ask you about your personal circumstances, like your address?

A: Yes, they did.

Q: And what address did you give to the police?

A: 171 Melchora Aquino St., Tandang Sora, Quezon City.

 20

Q: But according to the police record, when asked about your current address, you said that it
was at 171 Banlat Road, Tandang Sora, Quezon City. Do you know where the police got
that address?

A: I do not know, sir.

Q: You also testified earlier that you were taken in by the Sia’s to watch over the construction
materials used in the renovation of their house. Is that right?

A: Yes, sir.

Q: Were you provided with a firearm in connection with the work you performed for the Sia’s?

A: No, sir.

Q: But were you not employed as a security guard by the Sia’s?

A: No, sir. I was merely a caretaker. In fact, that was just my sideline. I have a regular job at
the MMTC as a bus driver.

Q: So you were not employed as a security guard by the Sia’s?

ATTY. CRUZ:
Objection, you Honor. The witness has already answered that question.

COURT:
Sustained.

Q: It is indicated in the police record under your occupation – Security Guard. Are you telling
this Court that the police not only stated the wrong address but also the wrong occupation?

A: Yes, it would seem that way, sir.

Q: Now, in your testimony you stated that at on or about 5:00 p.m. of 15 Nov. 2000, while you
were inside the Sia’s house, you heard shouts and several gunshots. Is that correct?

A: Yes, sir.

Q: And these shouts alarmed you that was why you went out of the house?

A: I did not come out of the house when I heard the shouts. It was only after I heard the last
gunshot that I went out.
Q: How far out did you go?

A; As far as the gate, sir.

Q: What did you do then?

A: I looked around to see if anyone was there, but I saw no one.

 21

Q; This was around 5:00 in the afternoon, and you would have seen if anyone was near you,
would you not?

A: Yes, sir.

Q: You testified that when you were on your way back to the house, you have just taken a few
steps when somebody hit you on the head with a hard object. Which part of the head were
you hit?

A; On the right ear, sir.

Q: Did you know who hit you?

A: No, sir.

Q: Why is that?

A: I did not see anybody, sir.

Q: So, you said that somebody hit you on the right ear, yet you did not see anyone there?

A: After receiving the blow, I felt dizzy, my vision blurred, then I lost consciousness.

Q: Were you injured as a result of that blow?

A: Yes, sir.

Q: Did you go to any clinic or hospital to have your injuries treated?

A: Yes, sir. I was treated at Fatima Medical Center.

Q: Where is this Fatima Medical Center?

A: At Karuhatan, Valenzuela.

Q: You were injured in Tandang Sora, Quezon City, and you had to go all the way to Valenzuela
to have your injuries treated?

ATTY. CRUZ:
Objection, your Honor. Where the witness had his injuries treated is irrelevant.

COURT:
Sustained.

 In case the Court overrules:

A: I went to the hospital after I reported the incident to the Sia’s in their house at Karuhatan,
Valenzuela. It was they who brought me to Fatima Medical Center.

Q: Did you report to the police about your being hit by somebody on the head?
 22

A: No, sir.

Q: In fact, the injuries you sustained were only slight, as you were released immediately from
the hospital on the same night that you were treated. Is that right?

A: Yes, sir.

Q: Did you not testify that you were hit by a hollow block?

A: Yes, sir.

Q: How did you know that it was a hollow block that hit you?

A: As I said, I lost consciousness, and when I woke up, I saw broken a broken piece of hollow
block beside me.

Q: But you did not actually see somebody throw the hollow block at you, did you?

A: No, sir. The hit came from behind me.

Q: After you were hit, did you call on your companions inside the house to help you?

A: No, sir. I felt dizzy and did not have the energy to call for help. I passed out a few seconds
after.

Q: Now, Mr. Salvador, did you voluntarily surrender to the authorities after learning that you
were a suspect in the killing of Rudy Perez?

A: Yes, sir.

Q: When did you surrender?

A: On 26 Nov. 2000.

Q: So, it took you about eleven (11) days from the incident to voluntarily surrender. Why is
that?

A: Because I did not learn that I was a suspect until after about a week.

Q: From whom did you learn that you were a suspect in the killing of Rudy Perez?

A: From my neighbors, sir.

Q; So, it took about a week for this information to reach you. Were you always away from your
house, Mr. Salvador?

A: No, sir.

Q: In fact, you testified that you stayed in your house recuperating from the injuries you
sustained. Is that correct?
 23

A: Yes, sir.

Q: What was the reason for your surrender?

A: I wanted to clear my name, sir.

Q: Where did you surrender?

A: At Precinct 2 in Sangangdaan, Novaliches.

Q: Did you give any statement to the police?

A: No, sir.

Q: You wanted to clear your name, yet you did not give any statement to the police?

A: I was immediately informed at the police station that I was the suspect in the killing of Rudy
Perez. They made me admit that I was the one who killed Perez, but I refused. When I told
them I wanted to see a lawyer, they locked me up in jail and was not released until I posted
bail.

ATTY. RESURRECCION:
I have no more questions, your Honor.

ATTY. DE VENECIA:
Our next witness, your Honor, is Mr. Mario Castro.

COURT:

Swear in the witness.

INTERPRETER/ BAILIFF:

(To the witness in the witness stand.) Please raise your right hand. Do you swear to
tell the truth, the whole truth and nothing but the truth to the testimony that you are
going to give?

WITNESS:

Yes, I do.

INTERPRETER:

Please state your name, age and address and other personal circumstances.

WITNESS:

MARIO CASTRO, 38 years old, married, bus driver and residing at Phase 9,
Package 7, Block 25, Lot 32, Bagong Silang, Kalookan City.

ATTY. PALMA GIL:

 24

May I move for the exclusion of the said witness.

ATTY. DE VENECIA:

Your Honor, we offer in evidence the testimony of witness Mario Castro to

corroborate the testimony of the defense’s witness Max Salvador.

COURT:

Proceed.

Direct Examination – Mario Castro

ATTY. DE VENECIA:
Mr. Witness, you said that you are a bus driver. What company are you connected with?

ANSWER:
MMTC, ma’am.

Q- For how long have you been working with MMTC?

A- Almost two (2) years now.

Q- On November 15, 2000 at about 5:00 in the afternoon, do you remember where you were?

A- Yes.

Q- Can you tell us where you were exactly during that time?

A- I was at the house where Max Salvador was staying.

Q- Do you know where that house was located?

A- As far as I know, the place is at Tandang Sora.

Q- Have you ever gone to that place you just mentioned, prior to November 15, 2000?

A- Yes, ma’am.

Q- Do you remember how many times you have gone to that place, prior to November 15,
2000?

A- Twice, ma’am.

Q- You said that on November 15, 2000, at about 5:00 in the afternoon, you were at the house
of Max Salvador. Why were you there?

A- I went to the place of Max together with two (2) others because Max is a leader in the
cursillo movement and we had intended to help these two (2) persons to enter the class of
cursillo and he is the only one who could do that.
 25

Q- When are they supposed to enter the cursillo?

A- December 15 to 18, which was the schedule for cursillo classes.

Q- You mentioned two (2) companions. Can you remember the names of your two (2)
companions?

A- Yes, but I only remember their family names.

Q- Can you tell this Court the family names of those people you mentioned?

A- Galvez and Torres, ma’am.

Q- Now, while you were at the place of Salvador on November 15, 2000 at about 5:00 pm, do
you remember any unusual incident that occurred at that particular time?

A- Yes, ma’am.

Q- Can you tell this Honorable Court what that was?

A- While we were inside the house having our snack, we heard commotions outside. There was
shouting and then we heard several shots.

Q- When you heard the shouting and several shots, where was Salvador?

A- He was inside the house with us, ma’am.

Q- After you heard the shouting and the shots, what happened?

A- Salvador went out.

Q- What happened after Salvador went out?

A- After he went out, he ran back inside the house. When he returned, his ear was already
bleeding.

Q- Do you remember what did Salvador do when you saw his ear with blood?

A- Yes, ma’am.

Q- What did he do?

A- He wiped the blood on his ear and then he changed his clothes. Then he said he was going
to the house where he was staying.

Q- What happened after that, if any?

A- We went out with him and rode together up to Munoz.

Q- What do you mean by rode together?

 26

A- We were in the same jeepney, up to Munoz.

Q- What happened after?

A- I went home, ma’am.

Q- Did you and Salvador talk with or see each other on the same day, right after you parted in
Munoz?

A- No, ma’am.

ATTY. DE VENECIA:
That is all for the witness, your Honor.

COURT:
Cross?

ATTY. PALMA GIL:

With the kind permission of the Honorable Court.

COURT:
Proceed.

Cross Examination – Mario Castro

ATTY. PALMA GIL:

Mr. Witness, who told you to testify in this case?

A- The wife of Salvador requested me to testify. This is because we were actually in the house
at the time of the incident, ma’am.

Q- When did she tell you that you will be testifying on this case?

A- I think five (5) days ago.

Q- You know for a fact that Salvador moonlight as a guard at the residence located at 171
Banlat Road, don’t you?

A- Yes, ma’am.

Q- From whom did you come to know that there will be a cursillo on December 15 to 18?

A- From Salvador, ma’am.

Q- When did he tell you?

A- I don’t remember the date, ma’am.

Q- Was it before November 15, 2000?

 27

A- Yes, ma’am.

Q- After November 15, 2000, did you see Mayungi and Torres again?

A- Yes, ma’am.

Q- Did they enter the cursillo?

A- No. They were not able to enter the cursillo.

Q- Do you know the reason why they were not able to enter the cursillo?

A- I think the cursillo did not push through because Salvador encountered some problems. In
fact, he did not report for work quite sometime.

Q- What was supposed to be the role of Salvador for the cursillo to be held on December 15 to
18?

A- I think he is in-charge of the people who undergo the cursillo.

Q- You mean you do not know what his role was?

A- Well, what I know is that we cannot just leave the cursillo. Whenever we need something to
buy, he is the one who would buy it.

Q- You were the one who brought Mayungi and Torres to Salvador, were you not?

A- Yes, ma’am.

Q- So you were supposed to be the sponsor, am I correct?

A- Yes, ma’am.

Q- Considering that you are supposed to be their sponsor, did you not try to meet them before or
on the day or on the opening day of the cursillo?

A- Salvador would have only enrolled them, ma’am.

Q- (Pia raises voice) Yes, but as sponsor, you know that you are responsible for their acceptance
in the cursillo, don’t you?

A- Yes, ma’am.

Q- (Pia raises voice - a tone higher..hehehe)And from the day that you brought these two (2)
persons to Salvador, you did not even try to get in touch with them up to the day of the
cursillo?

ATTY. DE VENECIA:
Objection, your Honor. Badgering the witness!

ATTY. PALMA GIL:

 28

Your Honor, I am trying to establish the impossibility of absence of any contact with
Mayungi and Torres considering the witness was their sponsor.
(If overruled, witness proceeds with A- I was not able to attend...)
(If sustained, ATTY. PALMA GIL proceeds with Q- Why did you accompany…)

A- I was not able to attend to them anymore because I was working most of the time.

Q- Then why did you accompany them to Salvador and consent to be their sponsor if that was
the case?

A- When Salvador mentioned to me that if knew of people interested to enter the cursillo, I told
him I can bring a few to him.

Q- A moment ago, you said that you were the sponsor of Mayungi and Torres. As such, you are
supposed to know the responsibilities thereof, am I correct?

A- Yes, ma’am.

Q- What are these responsibilities?

A- To help people who are interested to enter the cursillo movement, ma’am.

Q- When you say “help,” this includes making sure that these people reach or arrive at the
cursillo house on the opening day, as planned, does it not?

A- Yes, ma’am.

Q- After November 15, 2000, when did you first see Salvador?

A- Less than a month after, ma’am.

Q- Where did you see him?

A- At the garage, ma’am.

Q- Did you ask him if he has enrolled Mayungi and Torres?

A- No, ma’am.

Q- Did you ask him if the cursillo will proceed?

A- No, ma’am.

Q- Despite the fact that you were the sponsor of the two (2) persons you accompanied to the
place of Salvador, you did not ask him if the cursillo will proceed.

ATTY. DE VENECIA:
Objection, your Honor. Question already asked.
(If overruled, witness proceeds with A- No, ma’am.)
(If, sustained, ATTY. PALMA GIL proceeds to Q- When you met him…)
 29

A- No. ma’am.

Q- When you met him at that time, did he mention about any case being filed as a result of the
incidents on November 15, 2000?

A- No, ma’am.

ATTY. PALMA GIL

No further questions, your Honor.

OFFER OF EVIDENCE BY THE DEFENSE

DEFENSE (Homer): No further witness for the prosecution, YH.

J: Alright, make your offer of evidence.

DEFENSE (Homer) With the permission of the Honorable Court.

YHP, the defense offers in evidence the following documentary exhibits:

EXH. 1 Sketch prepared by the Accused during his direct testimony

showing the distance of house to the main road Banlat Road,
Tandang Sora, Quezon City
EXH 1-A Description of Tandang Sora Street
EXH 1-B Banlat Road
EXH 1-C Melchora Aquino Street
EXH 1-D Description of the house and the distance to Banlat Road
EXH 1-E Location of the house and gate
EXH 1-F Place where the Accused was standing

YH, these exhibits are presented and offered in evidence for the following
purposes:
1. To establish the actual situation of the vicinity where the alleged
incident took place to guide this Honorable Court in ascertaining the
truth;
2. To prove that the house under construction where the Accused and his
family actually stayed is actually located at Melchora Aquino Street,
although the area is commonly called as Banlat Road;
3. To establish the distance between the house under construction and the
main road Banlat Road;
4. To prove that the vicinity being surrounded by squatters, there is truth to
the contention of the defense that another person not the Accused
actually killed the victim Rudy Perez;
5. To form part of the testimony of the Accused.

EXH. 2 MEDICAL CERTIFICATE of Accused issued by Fatima Medical

Center

YH, this exhibit is being offered in evidence to prove the following:

 30

1. To prove that the Accused was actually hurt on November 15, 2000 and
was treated at Fatima Medical Center;
2. To form part of the testimony of the Accused.

That is all for the defense, YH. The prosecution now rests its case.

J: Alright, are the parties willing to consider the case submitted for resolution?

P/D: Yes, YH.

[Judge will make ruling, kung feel nya!]