CAST:

1. Judge : Myrna Castaňos

2. Clerk of Court : Hazel May Abao

3. Interpreter : Jonah Anoos

4. Stenographer : Lea Cabana

5. Lawyer – Prosecution 1 : Paul Christian Ngojo

6. Lawyer – Prosecution 2 : Femalito Uba

7. Lawyer – Prosecution 3 : Maylanie Sweet Oca

8. Lawyer – Prosecution 4 : JBR Emmanuel Talipan

9. Lawyer – Prosecution 5 : Romney Ambal

10.Lawyer – Defense 1 : Katherine Joy Rayo

11.Lawyer – Defense 2 : Ben Ali Angagao

12.Lawyer – Defense 3 : Red Soriano

13.Lawyer – Defense 4 : Alex Pinagayao

14.Lawyer – Defense 5 : Harold Edralin

15.Witness – Doctor : Gerardo Cano

16.BJMP : Sol Melchor Erigbuagas

17.PNP : Cicero Lusterio

18.Respondent 1 : Billy John Noble

19.Respondent 2 : Rey Fernandez

20.Respondent 3 : Nadin Morgado

21.Respondent 4 : Ramon Christopher Asis

22.Respondent 5 : Julio Hinacay

23.Complainant – rape case : Grace Nibalvos

CLERK OF COURT : All rise, the sala of honorable Judge Myrna Castaňos of
RTC Branch 69 is now in session.

ALL : Prayer

JUDGE : What are the cases for the day?

CLERK OF COURT : CRIMINAL CASE 2010-201

PP vs Billy John Noble for Acts of Lasciviousness

JUDGE : Apperances.

COUNSEL FOR THE PROSECUTION: Good morning your honor, I’m Atty. Paul
Ngojo respectfully appearing for the
prosecution.

COUNSEL FOR THE DEFENSE: Good morning your honor, I’m Atty.
Katherine Joy Rayo respectfully appearing for
the defense.

CLERK OF COURT : CRIMINAL CASE 2010-202

PP vs Rey Fernandez for Robbery

JUDGE : Apperances.

COUNSEL FOR THE PROSECUTION: Good morning your honor, I’m Fiscal
Femalito Uba respectfully appearing for
the prosecution.

COUNSEL FOR THE DEFENSE: Good morning your honor, I’m Atty. Ben Ali
Angagao respectfully appearing for the
defense.

CLERK OF COURT : CRIMINAL CASE 2010-203

PP vs. Nadin Morgado for rape

JUDGE : Apperances.

COUNSEL FOR THE PROSECUTION: Good morning your honor, I’m Atty. Maylanie
Sweet Oca respectfully appearing for the
prosecution.

COUNSEL FOR THE DEFENSE: Good morning your honor, I’m Atty. Red
Soriano respectfully appearing for the
defense.

CLERK OF COURT : CRIMINAL CASE 2010-204

PP vs. Julio Hinacay for murder

JUDGE : Apperances.

COUNSEL FOR THE PROSECUTION: Good morning your honor, I’m Atty. JBR
Emmanuel Talipan respectfully appearing for the
prosecution.
COUNSEL FOR THE DEFENSE: Good morning your honor, I’m Atty. Alex
Pinagayao respectfully appearing for the
defense.

CLERK OF COURT :
CIVIL CASE 2006-111
Sayson vs. Lastimosa et. al for Annulment of
Contracts and Damages

JUDGE : Apperances.

COUNSEL FOR THE PROSECUTION: Good morning your honor, I’m Atty. Romney
Ambal respectfully appearing for the
prosecution

COUNSEL FOR THE DEFENSE: Good morning your honor, I’m Atty. Harold
Edralin respectfully appearing for the
defense.

JUDGE : For CRIMINAL CASE 2010-201

PP vs Billy John Noble for Acts of Lasciviousness
Mr. Billy John Noble, how do you plead to the case filed
against you, Guilty or not Guilty?

BILLY : Not Guilty

JUDGE : With the plea of not guilty by the respondent, the

schedule for next hearing is set on?

CLERK OF COURT : December 8, 2010 your honor at 8:30 in the morning.

JUDGE : Ok. The schedule of the hearing of PP vs Billy John Noble

for Acts of Lasciviousness is set on December 8, 2010
at 8:30 in the morning. So ordered.

JUDGE : CRIMINAL CASE 2010-202

PP vs Rey Fernandez for Robbery

COUNSEL FOR THE DEFENSE: Your honor, we humbly request that we may be
given five days to study the evidences.

JUDGE : Any objection for the prosecution?

COUNSEL FOR THE PROSECUTION: None your honor.

JUDGE : So the request of the defense to extend the hearing is

hereby granted. The hearing is then set on?

CLERK OF COURT : November 25, 2010 your honor at 8:30 in the morning.
JUDGE : Ok. The schedule of the hearing of PP vs Rey Fernandez
for Robbery is set on November 25, 2010 at 8:30 in
the morning. So ordered.

JUDGE : For CRIMINAL CASE 2010-203

PP vs. Nadin Morgado for rape.
Any witnesses for the prosecution?

COUNSEL FOR THE PROSECUTION: Yes your honor. Our witness is Dr. Gerardo
Cano.

INTERPRETER : (After swearing in the witness). State your name

and personal circumstances.

WITNESS : I am Dr. Gerardo Cano, of legal age, married and a

medical examiner for the province of Misamis
Oriental and a resident of Cagayan de Oro
City.

COUNSEL FOR THE PROSECUTION : Have you ever examined a woman

by the name of Grace Nibalvos?

WITNESS : Yes, I examined Grace Nibalvos after she complained to

the police that she had been raped. It took her two
days to report the incident.

COUNSEL FOR THE PROSECUTION : Could you describe her physical

built?

WITNESS : She was of small built, 5 feet in height and of fair

complexion.

COUNSEL FOR THE PROSECUTION : That was your finding after

conducting a medical examination of
her?

WITNESS : I found after examining her body that she suffered from
laceration of the cervix posterior portion and
laceration of the vaginal canal posterior portion. The
lacerations are about two days old.

COUNSEL FOR THE PROSECUTION : Did you find any other injuries on her
body?

WITNESS : None Ma’am.

COUNSEL FOR THE PROSECUTION : Did you prepare a medical report

showing such findings?

WITNESS : Yes Ma’am, this is my report. (Mark as exhibit “A”).

COUNSEL FOR THE PROSECUTION : That will be all.

JUDGE : With the presentation of the medical examiner as witness
for the prosecution, let the schedule for the next
hearing in favor of the defense for their presentation of
witness be set on?

CLERK OF COURT : January 18, 2011 your honor at 8:30 in the morning.

JUDGE : The presentation of witness of the defense is set on

January 18, 2011 at 8: 30 in the morning. So
ordered.

JUDGE : CRIMINAL CASE 2010-204

PP vs. Julio Hinacay for murder

COUNSEL FOR THE DEFENSE: Your honor, may we prayerfully request for
the resetting of the case on December 11,
2010 for us to study the evidences.

JUDGE : Is the aforecited date feasible?

CLERK OF COURT : Yes your honor.

JUDGE : Any objection for the prosecution?

COUNSEL FOR THE PROSECUTION: None your honor.

JUDGE : So the request of the defense to extend the hearing on

December 11, 2010 at 8:30 in the morning is hereby
granted. So ordered.

JUDGE : CIVIL CASE No. 2006 – 111 for Annulment of

Contract and damages

For the prosecution any stipulation of facts?

COUNSEL FOR THE PLAINTIFF: Will the defense admit that the identity of
the lot subject matter of the case is the
housing unit with lot number 113-C which is a
portion of lot number 113 located at Macabalan, CDO
City?

COUNSEL FOR THE DEFENSE: Admitted your honor.

COUNSEL FOR THE PLAINTIFF: That plaintiff agreed to sell to the defendants
the said lot with one storey building?

COUNSEL FOR THE DEFENSE: Admitted your honor.

COUNSEL FOR THE PLAINTIFF: That the said lot and house are conjugal
properties of the plaintiff and her husband?

COUNSEL FOR THE DEFENSE: Admitted your honor.

COUNSEL FOR THE PLAINTIFF: That a receipt was issued for the partial
payment of the said lot with one storey building
on September 15, 2004?

COUNSEL FOR THE DEFENSE: Admitted your honor.

COUNSEL FOR THE PLAINTIFF: That the plaintiffs, after finding out that the
Deed of Sale was for the two-storey house
questioned the sale before the office of the
Barangay and a Certification to File Action was issued?

COUNSEL FOR THE DEFENSE: Admitted your honor.

COUNSEL FOR THE PLAINTIFF: Will the defendant admit that on March 14,
2005, they persuaded the plaintiffs to
execute the Deed of Sale which covers the two-
storey house?

COUNSEL FOR THE DEFENSE: The defense will not admit the stipulated
facts your honor.

JUDGE : Will there be any exhibit to be presented for the

prosecution?

COUNSEL FOR THE PLAINTIFF: There are seven exhibits your honor. The
following are:

Exhibit “A” – Initial payment of the house dated

September 15, 2004.

JUDGE : Let be the Initial payment of the house dated

September 15, 2004 be marked as Exhibit “A”.

COUNSEL FOR THE PLAINTIFF: Exhibit “B” – Deed of Sale consisting of two-
storey house subject matter of this case.

JUDGE : Let be the Deed of Sale consisting of two-storey

house subject matter of this case be
marked as Exhibit “B”.

COUNSEL FOR THE PLAINTIFF: Exhibit “C” – Sketch plan showing the
specific location of the property to be sold.

JUDGE : Let be the Sketch plan showing the specific location

of the property to be sold be marked as Exhibit “C”.

COUNSEL FOR THE PLAINTIFF: Exhibit “D” – Conditional contract to sell.

JUDGE : Let be the Conditional contract to sell be marked as

Exhibit “D”.

COUNSEL FOR THE PLAINTIFF: Exhibit “E” – Certificate to File Action issued
by the Office of the Barangay.
JUDGE : Let be the Certificate to File Action issued by the
Office of the Barangay be marked as Exhibit “E”.

COUNSEL FOR THE PLAINTIFF: Exhibit “F” and “F1” – Pictures.

JUDGE : Let be the pictures be marked as Exhibit “F” and

“F1”. Any witnesses for the prosecution to be
presented?

COUNSEL FOR THE PLAINTIFF: There are three witnesses to be presented

your honor. They are:

a) Rosita Sayson - she will testify that she is the

spouse of Cecilio Sayson, that she did not
participate in the Deed of Sale to prove the
allegations in the complaint;

b) Romelyn Brazil – she will corroborate the

testimony of Rosita Sayson

c) Cecilio Sayson – to prove the allegation in the

complaint.

Your honor, may we ask for three days to prepare

for the presentation of evidence.

JUDGE : With the foregoing stipulation of facts of the

prosecution, the request for three days to
prepare for the presentation of evidence is hereby
granted.

And now for the defense, do you have any exhibits

to be presented ?

COUNSEL FOR THE DEFENSE: There are five exhibits your honor. The
following are:

Exhibit “1” – Receipt of Partial Payment for Two

Hundred Thousand signed by Rosita Sayson and
the husband.

JUDGE : Let be the Receipt of Partial Payment for Two

Hundred Thousand signed by Rosita
Sayson and the husband be marked as Exhibit
“1”.

COUNSEL FOR THE DEENSE : Exhibit “2” – Deed of Sale signed by the
plaintiff and the defendants.

JUDGE : Let be the Deed of Sale signed by the plaintiff and

the defendants be marked as Exhibit “2”.

COUNSEL FOR THE DEFENSE : Exhibit “3” – Picture of two-storey house.

JUDGE : Let be the picture of two-storey house be sold be
marked as Exhibit “3”.

COUNSEL FOR THE DEFENSE : Exhibit “4” – Picture of one-storey house.

JUDGE : Let be the picture of one-storey house be marked

as Exhibit “4”.

COUNSEL FOR THE DEFENSE : Exhibit “5” – Picture of both the one-storey
house and the two- storey house.

JUDGE : Let be the Picture of both the one-storey house and

the two- storey house be marked as Exhibit
“5”. Any witnesses for the prosecution to be
presented?

COUNSEL FOR THE DEFENSE : There is one witness your honor in the
person of Flordelina Lastimosa - one of the
defendants of this case, she will testify on the
fact of sale and the identity of the house sold, the fact of
payment and the signing of the Deed of Sale, as well as on the
counter-claims and damages .

Your honor, may we ask for one day to prepare for

the presentation of evidence.

JUDGE : With the foregoing stipulation of facts of the

defense, the request for one day to prepare
for the presentation of evidence is hereby
granted. The case shall be called again on
December 8, 13 & 16, 2010 at 8:30 in the morning for the
reception of evidence for the plaintiffs. This case is
likewise set for the reception of evidence for the
defendants on January 11, 2011 at 8:30 in the
morning. So ordered.