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July 5, 2012
That on or about 11:00 o’clock in the morning on April 13, 2011 in the
municipality of Bilar, Province of Bohol, Philippines, within the
jurisdiction of this court, the said accused, did then and there willfully,
unlawfully, and feloniously attack, assault, and wounded one,
BALDOMERO MONREAL, JR. by then and there paddling his back with
a steel pipe, thereby inflicting the latter closed wound on his upper back,
which injuries have require medical attendance for a period of ten to thirty
days, and will incapacitate him from performing his customary labor for
the same period of time.
Contrary to law.
Marking of Exhibits
Defense
Defense : We pray that the Counter-Affidavit of Norman Torregosa will be mark as
“Exhibit 1”
Court : Mark it.
Defense : We pray that the Certification issued by Julius Ibaoc will be mark as
“Exhibit 2”
Court : Mark it.
Defense : We pray that another Certification issued by Julius Ibaoc will be mark as
“Exhibit 3”
Court : Mark it.
Defense : We pray that the Joint Counter-Affidavit of Christopher Ho and Ronald
Sayon will be mark as “Exhibit 4”
Court : Mark it.
Is that all?
Defense : Yes, your Honor.
Court : Show your documents to the Prosecution
Prosecution, Do you admit the genuiness and due execution of Exhibits 1-
4of the Defense?
Prosecution : We admit the Genuiness and due execution of Exhibits 1-4 of the defense.
Court : Witnesses for the Prosecution.
Prosecution : 1. Baldomero R. Monreal, Jr.
Subayon, Bilar, Bohol
2. Jade Salingay
Subayon, Bilar, Bohol
3. Dr. Benito Francisco L. Tubaces V
Municipal Health Officer
4. Dr. Felicisimo T. Maghuyop
Medico-Legal Officer III
Cong. Simeon G. Toribio Memorial Hospital
5. Police Inspector Julius Ibaoc
Chief of Police
Bilar, Bohol
Court : Prosecution has 5 witnesses
Witnesses for the Defense
Defense : 1. Accused Norman Torregosa
Subayon, Bilar, Bohol
2. Christopher Ho
Subayon, Bilar, Bohol
3. Ronald Sayon
Subayon, Bilar, Bohol
Court : Only 3 witnesses?
The court takes note of your Exhibits 2 and 3. Who is going to testify on
these documents?
Defense : Police Inspector Julius Ibaoc, as one of our witnesses
Court : He will be a common witness?
Defense : Yes, your Honor.
Court : Police Inspector Julius Ibaoc will be a common witness but he will testify
on different account.
Defense : Yes, your Honor.
Prosecution : We pray for an additional Affidavit of Artemia Robles
Court : 3 days from today, you have to submit the additional affidavit of Artemia
Robles and pre-mark as “Exhibit G”
Prosecution : We pray that Artemia Robles will be one of our witnesses.
Court : Artemia Robles is listed as 6th witness of the prosecution.
That on or about 11:00 o’clock in the morning on April 13, 2011 in the
municipality of Bilar, Province of Bohol, Philippines, within the
jurisdiction of this court, the said accused, did then and there willfully,
unlawfully, and feloniously attack, assault, and wounded one,
BALDOMERO MONREAL, JR. by then and there paddling his back with
a steel pipe, thereby inflicting the latter closed wound on his upper back,
which injuries have require medical attendance for a period of ten to thirty
days, and will incapacitate him from performing his customary labor for
the same period of time.
Contrary to law.
Defense : Norman Torregosa is innocent of the crime for it was not inflicted by
Norman Torregosa and it was self-inflicted.
Court : How was self-infliction happened?
Defense : The accused held his collar on his shirt to restrain his movement because
the accused want him to bring him to the tanod outpost but he struggled
so much that the accused constrained tightly gripped his shirt and
regarding his injuries at the back, it was caused by his drunkenness
because it might have caused by the bamboo fence when he fell down.
Court : The issue in this case is Whether or not the accused was lifted his neck
using a steel pipe and then kicked his feet and paddled his back using a
steel pipe or self-inflicted injury.
Prosecution : The accused is a Barangay Captain of Subayon, Bilar, Bohol and this
serves as an aggravating circumstance.
Defense : Objection! It is not alleged in the affidavit that the accused is a Barangay
Captain.
Court : It is alleged in the information, last paragraph.
Do you withdraw your objection?
Defense : I withdraw!
Defense : Your affidavits did not state about aggravating circumstance
Court : Any Arguments along this line?
Prosecution : We will stick to our position, the accused is a public officer
Defense : The aggravating circumstance should be included in you affidavits/
information.
Court : Is there a further argument?
Prosecution & : None, your Honor.
Defense
Court : The argument of the defense is sustained
No plea bargaining and amicable settlement?
Prosecution & None, your Honor.
Defense
Court Stipulations of Facts from the Prosecution
: Recess for 5 minutes
Clerk of Court : Session is resume, silence is enjoined.
Court : Prosecution’s proposal.
Prosecution : Do you admit the personal circumstances of the complainant? That he is a
resident of Subayon, Bilar, Bohol
Defense : We do not admit because there is no cedula attached to support such.
Court : Defense does not admit.
Prosecution : Do you admit that during April 13, 2012, 11:00AM, Captain Toreggosa
And Baldomero Monreal met at the plaza of Subayon, Bilar, Bohol or they
were in the same place?
Defense : We do not admit that proposition of the prosecutor that they met at the
plaza.
Court : Not admitted.
Prosecution : Do you admit that Brgy. Captain Torregosa passed by and approached
Baldomero Monreal?
Defense : Yes, We admit.
Court : Admitted
Prosecution : Do you admit that during the approach there was no provocation happened
on the part of Baldomero Monreal?
Defense : We do not admit.
Court : Not admitted.
Prosecution : Do you admit that Brgy. Captain Torregosa lifted the neck of Baldomero
Monreal?
Defense : No, how was the lifting happened? Still bothered in the lifting of the neck.
Was it hand held?
Court : Reform your proposal.
Prosecution : Do you admit that Brgy. Captain Torregosa lifted the neck of Monreal
using the steel pipe?
Defense : We do not admit.
Court : Not admitted.
Prosecution : Do you admit that the accused kicked the feet of Baldomero Monreal?
Defense : We do not admit.
Court : Not admitted.
Prosecution : Do you admit that the accused Paddled the back of Baldomero Monreal
using the same steel pipe?
Defense : We do not admit.
Court : Not admitted.
Prosecution : We withdraw the proposal. (Do you admit that the accused Paddled the
back of Baldomero Monreal using the same steel pipe?)
Mr. Witness, for the record, please state your name, status, job, and
residence.
Monreal : I am Baldomero Monreal, Jr., 23 years old, jobless and a resident of
Subayon, Bilar, Bohol.
Prosecution : How long have you been staying at Subayon, Bilar
Monreal : Since birth
Prosecution : How many years?
Monreal : 23 years
Prosecution : Where were you on April 13, 2011?
Monreal : At Jade’s house
Prosecution : What were you doing?
Monreal : Listening music from the FM radio
Prosecution : What is the purpose of going there?
Monreal : To visit my sister and listen music
Prosecution : Who were there?
Monreal : Brother,Bonifacio and 2 other friends of my sister
Prosecution : Have you executed an affidavit?
Monreal : Yes.
Prosecution : Showing this affidavit, marked as Exhibit B, Who’s signature is this?
Monreal : Mine.
Prosecution : How is this affidavit related to you?
Monreal : Same affidavit I made.
Prosecution : We manifest that the witness identified the signature found in the
affidavit. We pray that this signature be mark as Exhibit B-1
Court : Mark it
Prosecution : To whom did you execute this affidavit?
Monreal : To Atty. Reagan Bolando
Monreal : Whose signature appearing in the affidavit?
Prosecution : His signature
Monreal : How did you know that this signature is his?
Prosecution : I was there when he affixed his signature
Monreal : We pray that the signature appearing above the name ofAtty. Bolando
be mark as Exhibit B-2
Prosecution : In Item No. 2, You have said that you have a verbal tussle with your
sister
Monreal : When my sister requested me to transfer the frequency of the raido, that
causes our verbal tussle
Prosecution : When your sister got angry, what was your action?
Monreal : I went out to stop the mode of argument or verbal tussle
Prosecution : Where did you go?
Monreal : I went to the plaza?
Prosecution : How far is your plaza?
Monreal : 30 meters
Prosecution : When you went out, who did you met?
Monreal : I was just surprised that Brgy. Captain Torregosa approached me
instantly and without provocation I was attacked.
Prosecution : Torregosa confronted you with a steel pipe?
Monreal : After kicking my feet he paddled my back with steel pipe/
Prosecution : What was your reaction when he paddled and kicked you?
Defense : Objection! The question is misleading.
Court : If it is alleged in the affidavit, the question is not misleading.
Prosecution : What was your reaction when he paddled and kicked you?
Monreal : I have no time to react, I immediately fell down,
Prosecution : How did you defend?
Monreal : I was not able to do so because he hit me first. I was injured.
Prosecution : After he kicked you, What else did he do?
Monreal : He shouted “KIHA LANG MO KAY ATUBANGON MO BISAN
ASA!”
Prosecution : What did you do with the steel pipe?
Monreal : As far as I could remember. I fell down and I could mo longer recall
Prosecution : Did he do something else?
Monreal : No more
Prosecution : After that incident, what happened?
Monreal : My sister & brother came to rescue and brought me to the municipal
health center
Prosecution : How long did you stay?
Monreal : For 30 mins.
Prosecution : After 30 mins, where did you go?
Monreal : My sister and brother brought me to the hospital of Carmen,Bohol
Prosecution : What did the physician say?
Monreal : The attending Physician, I should be admitted.
Prosecution : For how many days?
Defense : Objection! It was not alleged in the affidavit.
:
Prosecution : How many days?
Monreal : 7 days
Prosecution : After your confinement, what did the doctor advised you?
Monreal : To gain full recovery, I should take time to rest for 15-30 days.
Prosecution : How long?
Monreal : 15-30 days
Prosecution : How did you know the accused?
Monreal : I know him because he is our Brgy. Captain
Prosecution : If the accused is in the court, can you point him?
Monreal : That one!
Court : The Witness is pointing Norman Torregosa
Prosecution : How long is he a Brgy. Captain?
Monreal : For two terms
Prosecution : How are you related with the accused?
Defense : Objection! The Question is irrelevant
Court : Sustained!
Prosecution : We would like to ask how are they related to know if there is a conflict
between them/
Prosecution : That’s all for the Witness
CROSS-EXAMINATION
Court : Defense, ready for cross?
Defense : Yes. May I approach the witness?
Court : Proceed
Defense : Who were inside the house of Jade?
Monreal : Bonifacio and 2 other friends
Defense : Can you name the other 2 friends?
Prosecution : Objection! It is not stated in the affidavit
Court : He testified. He may ask the name.
Prosecution : We withdraw!
Court : Witness may answer
Monreal : I do not know their names, maybe my sister does.
Defense : What were they doing?
Monreal : When I arrived, they are just talking and I just turned the radio on.
Defense : You said that there was a verbal tussle with Jade; you added that there
was rising of voices? Do you think that the raising of voices was heard
by your neighbors?
Prosecution : Objection! It is asking for the opinion
Court : Sustain!
Prosecution : Withdraw!
Defense : How far is your sister’s house to Torregosa’s?
Monreal : Around 200 meters
Defense : How far us 200 meter, estimate.
Monreal : From here to capitol
Defense : After the verbal tussle, you went to the plaza. What did you do?
Monreal : I did not do anything. I just left the house to cut off the verbal tussle, to
my surprise Brgy. Captain was there.
Defense : He was already there?
Monreal : No. We just encountered at the same way.
Defense : Is it correct that you saw the Brgy. Captain approaching you?
Monreal : I’ve seen him in surprise. Adversarial approach.
Defense : You also alleged that he lifted your neck using a steel pipe
Monreal : Not purely lifted. After kicking my feet struck my back, I fell down.
That’s all as far as I can recall
Defense : You said in you affidavit that without any provocation lifted my neck
using a steel pipe and then kicked my feet and paddled my back using
the same object. Are you saying that this is not correct?
Monreal : It is correct.
Defense : You said a while ago that not lifted with a steel pipe
Monreal : Term may be confusing. I was injured because of the steel pipe
Defense : Just to put in the record, you were saying that not lifted your beck using
a steel pipe?
Monreal : I cannot exactly recall.
Defense : Said a while ago, during the time of the attack, you were unemployed?
Monreal : Yes!
Defense : That’s all
RECESS :
Court : The witness is called to the witness stand
: You mentioned in your testimony that there were visitor in the house of
your sister. Whose friends?
: Sister’s
: You don’t have any idea who are those?
When I went there. They are already there. I don’t have any idea.
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