Summary of Witness Testimonies and Contentious

Matters

I. Prosecution Witnesses

a. Coleen Tuazon – Private Complainant

a1.) 2 July 2003 – Direct Examination:

 Purpose of testimony:
 16 April 2003, accused Arnel Sison forcibly brought Tuazon
to a motel where she was sexually abused
 Identify the accused
 Other material or relevant matters

 Boarded a black Mitsubishi Adventure with plate no. CSV-606 at

about 8 o’clock in the evening of 16 April 2003 at the Bocaue Toll
Gate going to Cubao (p. 4)
 Last passenger aside from Tuazon alighted at New York Cubao.
Driver (semi-bald, wearing shirts, shorts and slippers) offered to
give a change to Tuazon’s 100 peso bill but proceeded to point a
gun towards and abducted the latter. (pg. 6)
 Described where and how accused pointed the gun towards Tuazon
(pg. 7)
 Described the logo and place of Town and Country Motel (pg. 9)
 Described how she was pushed out of the vehicle into the motel
room (pg. 10-11)
 Tuazon was struggling and pleading on the bed (pg. 12)
 Accused was stripping off Tuazon’s clothing. Accused removed his
pants and underwear (pg. 13)
 Accused rubbed his penis on Tuazon’s genital. Tuazon identified the
accused in court (pg. 14)
 Tuazon identified her statement and her signature therein before
PO2 Sosa, the desk officer of the Women’s Desk, Cubao Police
Station. (pg. 15)

a2.) 30 July 2003 – Direct Examination (Continuation)

 Accused inserted his penis in Tuazon’s genitals. Act of rape.

(pp. 3-6)
 Prosecutor ended Tuazon’s additional direct
 Cross examination of Tuazon deferred

a3.) 14 August 2003 – Cross Examination

 Preliminary questions as to how Tuazon and accused met (pp. 3-4)

 Questions as to the place where accused drop the last passenger
aside from Tuazon (pp. 4-5)
 Questions as to the direction/s where the accused drove off with
Tuazon to find “change” (pp. 6-8)
  Tuazon texted 5 friends, 1 responded(p. 8-10)
 Questions with respect to the streets, place in general and
landmarks leading to the motel (pp. 11-13)
 Questions with respect to Tuazon’s educational attainment and
circumstances during her studies (p. 13-14)
 Set for continuance

a4.) 10 September 2003 – Continuation of Cross examination

 Questions as to the details with respect to where the gun was

before, during and after the pointing of the same to Tuazon (pp. 2-
4)
 Where Tuazon was dropped off after the rape (SM Cubao)

 Question as to the details with respect to the interaction of the

accused and Tuazon with the “motel boy” from Town and
Country(pp. 4-7)
 Why the boy wasn’t able to see the accused pointing a gun
towards Tuazon (motel boy is small, did not go near the
driver side’s window, window only slightly opened, heavily
tinted windows)
 Rape details (pp. 8-10)
 Question as to time Tuazon was taken to Town and Country,
released at SM Cubao and arrived at the Cubao Police Station (p.
10)
 Tuazon clarified that she went first to her office and was
accompanied by her officemates to the Cubao Police Station (p. 11)
 Question as to her employment and job description
 Private Prosecutor objected as to the relevance of the
defense counsel’s question “What products are you engaged
in?” (objection SUSTAINED)
 Question as to what happened after they were done at the Cubao
Police Station – went to Camp Crame accompanied by same
friends/officemates (p. 12)
 Private Prosecutor objected to the question “In your medical
examination report states that you were in non-virgin state
physically and other than that there are no significant
findings, what can you say to that?” – (objection
SUSTAINED)
*My personal note – Cimafranca: The Medico Legal
Officer, which was listed as a witness, is the competent person
to answer such matters contained in the medical examination
report. Medyo vague kasi yung ground ng objection so yan
interpretation ko. In practice kasi, di masyado strikto yung
Judge

b. PO3 Mario Palic – Arresting Officer

b1.) 15 October 2003 – Direct Examination

 Purpose of testimony:
 To prove that he apprehended the accused on 17 April 2003
for Rape and Illegal Possession of Firearms
  Other details related to the arrest

 Question as to duty on 17 April 2003 (pg. 3-4):

 Whether PO3 Palic reported for duty on 17 April 2003 – Yes
 Where was his duty – Station 7, Cubao Police Station, P.
Tuazon Corner EDSA, Cubao, QC
 Position during duty: Follow up
 Time of duty: “Broken hour” – (no definite hour)
 Time he reported to duty: 6:30 in the evening

 Details with respect to the receipt of the rape complaint and before
they left the station to respond to the information regarding the
whereabouts of accused’s vehicle (p. 4-6)

 Police officers went to Edsa cor. New York Street with the private
complainant. Tuazon saw the accused near the parked vehicle. Palic
frisked the accused and found a caliber .45 firearm. (pg. 7)

 PO3 Palic identified the accused in court. (pg. 8)

 PO3 Palic identified the Affidavit of Arrest he executed and his

signature therein (pg. 10)

Cross Examination of PO3 Palic:

 Question as to whether or not PO3 Palic had personal knowledge of

the rape when he implemented the arrest (pg. 12)
 Palic answered YES.

 Question as to Palic’s basis for investigation (p. 12)

 Tuazon told the police officers of the rape

 Question as to possession of any warrant of arrest or search warrant

for the firearm during the arrest (p. 12)
 No to both

c. PO2 Regundina Sosa – investigating officer

c1.) 2 March 2004 – Direct Examination

 Purpose of testimony:
 To prove that she was the investigating officer at the time
when the victim reported to the Cubao Police Station on 17
April 2003
 Steps taken as a police investigator in relation to the rape case
 Other related matters

 Duty schedule: 4:00pm to 12 midnight

Position: Police Investigator (p. 4)

 Identified Tuazon in court (p. 4)

  Steps taken: (pp. 5-7)
 Took statement of the complainant after the latter was
referred by the Women’s desk;
 Prepared the affidavit of arrest and referral letter to the City
Prosecutor
 Identified the above documents and his respective signature
therein

 Identified and marked a .45 caliber pistol with serial no. 84114 with
5 live ammunition – (p. 7)
 Identified and marked pictures taken of accused’s vehicle –
answered role of said evidence – used by the accused to kidnap
Tuazon(p. 9)
 PO2 Sosa identified the accused in court (p. 10)

 Identified a Nokia 6210 phone – and role of such evidence – used by

accused to text Tuazon to meet up (p. 11)

 Explained how the entrapment was done: (p. 11)

 Accused texted Tuazon to meet up. Police officers
accompanied Tuazon during the meet up and apprehended
the accused.

 Marked the Nokia 6210 phone together with its SIM Card.

CROSS Examination of PO2 Sosa:

 PO2 Sosa answered that he used the cellphone to call the accused
even before he began the investigation.

d. PO1 Rogelio Nacional – member of the apprehending team

d1.) 31 Aug 2004 – Direct Examination

 Purpose of testimony:
 To prove that he was a member of the team that apprehended
the accused;
 Tuazon accompanied them and was able to identify the
accused;
 A .45 caliber was confiscated without license; and
 Other relevant details and matters

 Time of report to duty on 17 Apr 2003: 1pm

Place of duty: Cubao Police Station at Camp Panopio (p. 2)

 Conduct of the arrest of the accused (p. 2-4)

 PO1 Nacional identified the accused in court (p. 5)
 POI Nacional identified the person who accompanied them during
the arrest, Tuazon, in court (p. 5)
 The Court declared the following question by the Private Prosecutor
“After driving the vehicle, what was the role of the vehicle in the
commission of the crime?” as a Leading Question.(p. 6)
  What happened after the accused was arrested? (p. 6)
 Accused was brought to the desk officer, SPO4 Aranas for
blotter and was referred to the police investigator.

c2.) 28 September 2004 – Recall testimony of PO1 Nacional

 Produced the ff. items that was confiscated from the accused at the
time of the arrest which were not presented during his direct
examination on 31 Aug 2004:
 .45 caliber pistol
 License (permit to carry firearm, unexpired)
 Cellphone
 Sim card
 5 bullets inside the pistol

 Presented and marked the pants worn by Tuazon when she was
raped.
 After being shown the pictures of the Mitsubishi adventure of the
accused, PO1 Nacional said that the same was the one used by the
accused and where Tuazon was boarded.

Cross examination of PO1 Nacional:

 Asked as to how he got the Permit to Carry Firearm, PO1 Nacional

answered that the accused was carrying it. (p. 5)
 Asked as to whether the pants was given to the investigator
immediately after the incident, PO1 Nacional answered NO and that
it was given during the investigation. (p. 6)

Re-direct examination of PO1 Nacional:

 Established that the pants was submitted on 17 April 2003, a day

after the rape happened on 16 April 2003.

d. Dr. Pierre Paul Carpio – Medico Legal Officer

d1.) 20 October 2004 – Direct Examination:

 Purpose of testimony:
 To prove that he was the one who conducted the physical
exam on Tuazon; and
 Other matters related thereto.

 Questions to establish the qualifications of the witness to testify on

medical opinions as doctor: (pp. 4-5)
 How long Dr. Carpio was connected with the Medico Legal
Office – Since 1999
 Employment prior to becoming a Medico Legal Officer in
1999 – No employment. Upon passing the medical board
exam, took up law in Arellano Law School. After a year, had
 a 6 month training as a junior medical officer at Camp
Crame.
 Did not take the bar.
 Number of Medico-legal cases handled since 1999:
Approximately 900 to 1000 cases
 Nature of medico legal cases handled: autopsy, physical
examination of physical injuries involving sex crimes etc.
 Seminars taken/attended: FBI First Indo-Pacific International
Forensic seminar by the UNICEF for filling rape cases,
Convention of PNP-NBI CPD Unit concerning rape cases and
violence against women

 Defense counsel is satisfied with Dr. Carpio’s qualifications. Placed on

record that Dr. Carpio is considered an expert witness (p. 5)

 Dr. Carpio identified an Initial Report and the Medico Legal Report and his
signatures therein. Likewise, he identified the signatures of Dr. Villasenor
and Police Senior Inspector Federico Natnat Terte appearing on the
Medico Legal Report. (pp. 7-8)

 Where the examination was conducted? (p. 8)

 Emergency room
 Confirmed that the same was conducted on 17 April 2003

 Explained the finding “vestibule” in item I of the Medico Legal Report and
its relation to the rape case: redness, feeling of hotness and abrasion
indicates trauma.
 Implication of such finding: Injuries sustained were fresh or within
(3) days

Cross examination of Dr. Carpio:

 Explained the finding of “No external signs of application of any form of

trauma”
 No injuries outside of the genital organ were sustained. (p. 9)
 Explained the finding of “Congenital Status: Coherent female subject”
 No mental abnormality

 “Deep healed lacerations at 5 & 7 o’clock”, those injuries are not

consistent with the alleged time and date of the commission of rape?
 Dr. Carpio answered “Yes, sir.”

 Instruments used for examination (p. 10):

 Width of vaginal canal (narrow) – little finger of Dr. Carpio
 Gathering of spermatozoa – cotton buds + forceps

 Congested/abraded sharp vestibule, evidence of trauma, would this be

caused by sexual intercourse?
 Dr. Carpio answered “Possible, sir.”