REPUBLIC OF THE PHILIPPINES
                                                                                       
REGIONAL TRIAL COURT
                                                                              7th J
udicial Region
                                                                                     BRANCH 7
                                                                                      Cebu City

PEOPLE OF THE PHILIPPINES,
                                           Plaintiff,

                 - versus -                                                                  CRIM CASES NOS CBU-45303
                                                                                                                                      and -45304

FRANCISCO JUAN LARRANAGA @ "PACO";                   FOR:   KIDNAPPING AND SERIOUS
JOSMAN AZNAR, ROWEN ADLAWAN @ WESLEY;                           ILLEGAL DETENTION
ALBERTO CANO @ "PAHAK"; ARIEL
BALANSAG; DAVIDSON VALIENTE RUSIA @
"DAVID FLORIDO" @ "TISOY TAGALOG"; 
JAMES ANTHONY UY @ "WANGWANG" UY
AND JAMS ANDREW UY @ "MM" UY,
                                           Accused.
x - - - - - - - - - - - - - - - - - - - - - - - - - - - - -/
                                                                                T R A N S C R I P T
                                                                                      O F    T H E
                                                                 stenographic notes taken before HON.
                                                                 MARTIN A. OCAMPO, Presiding Judge of
                                                                 of Branch 7, Regional Trial Court, Cebu
                                                                 City, during the hearing on August 20, 
                                                                 1998
at 2:00 o'clock in the afternoon.
                                                                 

Present:
                                                                 HON. MARTIN A. OCAMPO
                                                                 Presiding Judge

ASSISTED BY:
                                                                  Mrs. Alicia L. Formentera
                                                                  Stenographer

                                                                   Mrs. Lucila C/ Bajarias
                                                                   Interpreter

APPEARANCES:
                                                                   Prosecutor Primo C. Miro
                                                                   Prosecutor Teresita Galanida
                                                                   Prosecutor Ramon Jose Duyongco
                                                                   Prosecutor Reynaldo Acosta
                                                                   Prosecutor Cesar Estrera                                                                   

                                                                   Atty. Honorato Hermosisima
                                                                   Atty. Bienvenido Saniel
                                                                   Atty. Hilario Davide III
                                                                   Atty. Joshua Dacumos
                                                                   Private Prosecutors

                                                                   Atty. Ramon Teleron
                                                                   For accused Larraņaga

                                                                   Atty. Edgar Gica
                                                                   Atty. Fidel Gonzales, Jr.
                                                                   Counsel for accused Aznar

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                                                                   Atty. Lorenzo Paylado
                                                                   Counsel for accused Uy brothers

                                                                   Atty. Alfonso de la Cerna
                                                                   Counsel for accused Adlawan, Caņo and Balansag

                                                                    Atty. Ferdinand Saornido
                                                                    Counsel for accused Rusia

PROS. DUYONGCO:
          We would like to make it record, Your Honor, that Davidson Valiente Rusia is now available for the further cross-examination of the other defense counsels.

COURT: 
          Alright. I understand -- well, he was already cross-examined by Atty. Armovit for 2 hours and 20 minutes.

PROS. DUYONGCO:
          Yes, Your Honor. 

COURT: 
          In fact, he only asked for extension of 15 minutes but the Court gave him 20. So it is now the turn of the other defense counsels to cross-examine this witness. You may call your witness, Fiscal.

PROS. DUYONGCO:
          May we call on Davidson Rusia to the witness stand, Your Honor.

COURT:
          But before he is subjected to further cross-examination, the Court wishes to issue an Order first. We are limiting further cross-examination of this witness up to 5:00 P.M. only today.

/to the legal researcher:
          Mrs. Mijares, will you read this Order of the Court for the benefit of everybody? 

                                                                                 O  R  D  E  R

          In view of the reported bribe attempt attempt on the accused-witness Davidson Valiente Rusia, who almost collapsed during his last appearance before this Court due to poor health - and who as manifested to this Court by the Prosecution in its "Motion to Discharge" dated August 7, 1998 "is the only one who can provide full eyewitness account from inception to culmination as to how, among other things, the Chiong sisters were first nabbed against their will; how they were brutally maltreated and sexually abused; and how Marijoy Chiong was killed in a most ignominious manner;" further, in

PAGE 3 
in view of the time constraints (continuous trial to be terminated in 60 days) imposed upon this Heinous Crimes Court by Supreme Court Administrative Order No. 104-96 - as  well as the Speedy Trial
Act of 1998 - and in order to avoid the possibility of said vital eyewitness (or people close or related to him) from being killed, kidnapped, threatened, bribed, pressured, harassed, unduly influenced or whatever,
as explained in our Order of July 23, 1998 - the Court hereby resolves to limit or circumscribe further cross-examination of said accused-witness. 

          This Order is fully accordant with law and established jurisprudence, as shown infra:

          "It is the responsibility of the court to control the mode of interrogating witnesses and the presentation of evidence so as to foster the ascertainment of truth, avoid needless consumption of time, and at the same time protect witnesses from harassment or undue embarrassment" (Rules of Court Annotated, by Justice Edgardo L. Paras, Vol. 4, p.517, 1991 Ed.). 

          "While cross-examination is a right available to the adverse party, it is not absolute in the sense that a cross-examiner could determine for himself the length and scope of his cross-examination of a witness. The Court has always the discretion to limit the cross-examination and to consider it terminated if it would serve the ends of justice" (People vs. Gorospe, 129 SCRA 239; Anciro vs. People, 228 SCRA 629).  

          "Counsel who desires to cross-examine a witness whose testimony is or may subsequently become competent as to him should do so when witness' evidence in chief is given to the jury, so that counsel should avail themselves of the opportunity to cross-examine before the witness leaves the stand, unless the court for some good reason, allows them the privilege of cross-examination at a subsequent stage of the trial, and after a witness has once left the stand, the party who introduced him is a not bound to detain him for further examination on behalf of the adverse party. Where during proceedings early in the trial as well as during the state's rebuttal, accused's counsel is given ample opportunity to examine a witness, accused's rights are fully protected" (98 C.J.S., Witnesses, Se, 370). 

          WHEREFORE, cross-examination by the Defense Panel of the said accused-witness Davidson Valiente Rusia hereby limited/confined to today's hearing and the entire testimony of said accused-witness

PAGE 4 
shall be deemed by the Court as terminated at exactly 5:00 P.M. today unless the Defense Panel earlier (before 5:00 P.M.) manifests that it has finished its cross-examination of said accused-witness or the Defense waives further cross-examination - and/or unless the Prosecution manifests that it wishes to conduct redirect examination of the said witness. The said accused-witness may be cross-examined by each defense counsel for more than 30 minutes - unless his fellow defense counsels waive their corresponding (30 minute) cross-examination of said accused-witness shall not extend beyond 5:00 P.M. of this date. 

          Given in open court at 2:00 P.M. this 20th day of August, 1998 at Cebu City, Philippines.  

                                                                                                                                              SGD. MARTIN A. OCAMPO
                                                                                                                                                                 J u d g e

 

COURT:
          Please distribute this Order.

ATTY. TELERON:
          Your Honor, please . . . 

COURT:
          Yes.

ATTY. Teleron:  
          In reaction to that Order, Your Honor, for our part for accused Larraņaga,
it was Atty. Armovit who was assigned to cross-examine Davidson Valiente Rusia but he had to rush back to Manila yesterday . . . 

COURT: 
          No, his cross-examination is already terminated. 

ATTY. TELERON: 
          Not yet, Your Honor.  

COURT: 
          He asked for 15 minutes more and the Court gave him 20. That is more than what he asked for. 

ATTY. TELERON: 
          I don't believe that . . .  

COURT: 
          The Court considers his cross-examination time was already terminated. 

PAGE 5
ATTY. TELERON: 
          We don't believe so, Your Honor, considering that there was a manifestation that one of the defense counsels would just assign his opportunity to cross-examine. 

COURT: 
          First, you were all here. The first day, he conducted his cross-examination
for 2 hours. At the end, he said I have to give him for next hearing, Your Honor. Alright, In fact, he cross-examined for 20 minutes. So, automatically, tapos na. (finished already.) Now it is your turn. Aba, hindi pala ikaw (Ophs, it is not you) because you are representing the same time. 

ATTY. TELERON: 
          Precisely, Your Honor. . .  

COURT: 
          So the other defense counsels may now cross-examine this witness. 

ATTY. TELERON: 
          Your Honor, please, in the last hearing, wherein this witness-accused was presented for his cross-examination, Atty. Armovit specifically implored the
consideration of the Court that he will just finish a few items regarding . . .  

COURT: 
         
I did not - I did not approve it. Did I approve it? 

ATTY. TELERON: 
          Well, it was because, Your Honor, at the inception of the trial . . . 

COURT: 
          I allowed him 15 extra minutes. That was all.

ATTY. TELERON: 
          Yes, Your Honor. But the understanding of the defense was that at the inception of the trial, it was categorically declared by the Honorable Court that while each counsel of each accused will be given a limited time, the other counsels may waive their time to the counsel who is cross-examining the witness. 

COURT: 
      Not in favor to Armovit because he has already terminated his cross-examination.
 

(NOTE: For the benefit of our foreign readers, blue wordings is our translation from Tagalog (Philippine language) to English ...the webmaster). 

PAGE 6
ATTY. TELERON: 
         
But it will be the option of the other defense counsels, Your Honor. 

COURT:   
          He is not here. So what do you want me to do now, postpone the trial? Is that what you want? 

ATTY. TELERON: 
          Precisely, Your Honor, please, considering that he was the one who started the cross-examination of . . . 

COURT: 
         
No, no, no. That is denied. You may now cross-examine this witness for 30 minutes each or more than 30 minutes if the other counsel waive their right in favor of the cross-examiner. 

ATTY. GICA: 
          May it please the Honorable - may we say something, Your Honor. 

COURT: 
          Yes. 

ATTY. GICA: 
          In
connection with the Order that has just been distributed, Your Honor, may we resave our right to make comments and/or . . . 

COURT: 
          Of Course. 

ATTY. GICA: 
          A reconsideration of the 0rder. 

COURT: 
          Reconsideration is denied. You may go to the Supreme
Court or the Court of Appeals for certiorari. 

ATTY. GICA: 
          So, may we reserve our right to do that, Your Honor. 

COURT: 
          Of course you don't have
to reserve your right. You can do that any time. If you don't want to cross-examine this witness now then the Court shall consider you to have waived cross-examination of this witness

PAGE 7
and we will send him back to the CIG and I will tell the prosecution to present their next witness. Are you going to cross-examine this witness now or not? 

ATTY. GICA: 
          W
ithout waiving our right, Your Honor, to question the procedure that has been set by this Honorable Court, in its Order, we are conducting our cross-examination questions for fear of being foreclosed, later on. 

COURT: 
          Yes, proceed. 

ATTY. TELERON: 
          Your Honor, please, we would also like to manifest that the presentation of Davidson Valiente Rusia today gave us a surprise because yesterday they presented a medical certificate attesting to the fact that this witness is to rest for 3 to 5 days. 

COURT: 
          No. 

ATTY. TELERON: 
          So that, we were . . . 

COURT: 
          At the close of the hearing yesterday, I said you may continue to cross-examine Mrs. Chiong unless the witness Rusia is available already for cross-examination in which case your examination on Rusia already -- further cross-examination. The records will show that I made that statement. Why are you relying on the medical statement - you rely on the Order of the Court not on the medical certificate or whoever issued that? 

ATTY. TELERON: 
      That's it, Your Honor but this is because of the confusing order of trials the prosecution has been following. 

COURT: 
          Yes. 

ATTY. HERMOSISIMA: 
          Your Honor, at that hearing when witness Rusia almost collapsed and he was excused by this Honorable Court from testifying further, it was clearly stipulated by this Honorable Court that the moment witness Rusia is available then he should be immediately be presented in Court. That is what we are doing now. 

PAGE 8
COURT: 
          Now we are wasting time. It is 2:05 P.M.. Cross-examination now begins. 2:05 - 30 minutes each. 

COURT INTERPRETER: 
          Davidson Valiente Rusia testifying under the same oath on continuation of the cross-examination. 

COURT: 
          Unless there is a waiver in favor of the cross-examiner by the other counsels. 

ATTY. TELERON: 
         
In behalf of accused Larraņaga, Your Honor, we reserve to question the Order of the Honorable Court considering that we still believe that we have the right to cross-examine the witness. 

COURT: 
          As I said, you don't have to reserve anything. 

ATTY. TELERON: 
          Just for the record, Your Honor. 

COURT: 
          Alright. You can always go to the Supreme Court
or the Court of Appeals. The moment I receive a restraining order.  I will stop with this trial immediately. That is understood. You don't have to reserve. You have been doing that all along. This trial was delayed for one year because you asked for a restraining order from the Supreme Court. Now you want to say you are reserving? Did you reserve the first time? You did not make a reservation. You're just wasting time. Paņero. (My fellow lawyer.) Proceed with your cross-examination. It is now 2:05. Now if you do not want to conduct your cross-examination, I will consider you to have waived for failure to conduct cross-examination. 

ATTY. GONZALES: 
         
Your Honor, please, for accused Josman Aznar. 

COURT: 
          Proceed. 

ATTY. GONZALES: 
          F
irst of all, I would like to adopt the cross-examination conducted by Atty. Ramon Armovit and in addition thereto, may we proceed Your Honor,

(NOTE: For the benefit of our foreign readers, blue wordings is our translation from Tagalog (Philippine language) to English ...the webmaster). 

PAGE 9
COURT: 
          Go ahead. 

                                                                      CROSS-EXAMINATION BY 
                                                                   ATTY. FIDEL GONZALES, JR

      Q    What age were you at the time you left for the United States from Bohol

      A    The first time, sir? 

      Q    Yes. 

      A    About 11 years old, sir. 

      Q    About 11 years old? 

      A    Yes, sir. 

      Q    That was the first time that you left for the United States. You are not going to change that answer? 

      A    Almost the first time, sir. 

      Q    Alright, let's follow your story. Did I get you correctly that you took your elementary in the United States as well as in your Senior High School. That is right?

      A    Yes, sir.

      Q    So, if you took your elementary in the United States and you were able to reach senior high, that means you have been staying for 12 years because senior high in the United States Grade 12. Is that correct? 

      A    Yes, sir, that is correct. 

      Q    That is correct. So, when you left the United States at age 11, you were born in 1973, so you must have left for the United States for the first time in 1984. Is that right?. 

      A    No, sir, that is not correct. 

      Q    That is not correct. What is correct then? 

      A    I left the United States for about at the end of 1986.

      Q    You left the United States about end of 1986. But then you told the Court that you were born in 1973. Is that not correct?  

      A    Yes, I do. 

      Q    And you said you left when you were still 11 years old. So we add 73 to 11, that is 1984. 

PAGE 10
ATTY. HERMOSISIMA: 
          We object, Your Honor, misleading. What the witness testified a while ago was he left about. There is no . . . 

ATTY. GONZALES:  
          Precisely, simple mathematics. 

COURT: 
          Why don't you ask him this way - why is it that he says he is mistaken about? Will you explain why or how come? 

      A    Well, you see, Your Honor, you know, I grew up with my Lolo and then he died in '85 so in '86 about the end of '86 that's when my mother finally had a chance to petition me for the United States and then arrived in the United States , I was enrolled as a Grade 4 in elementary and then graduated in elementary and then I took high school there which is Grade 10. Now, when I came back and enrolled myself they told me that Grade 10 was a senior high school. That's why I said I was a senior high school. 

COURT: 
          Alright, that is his explanation. 

ATTY. GONZALES:
      Q    Alright, So now you are going to change your answer in effect because when I asked you that since you said you were a senior high school student you should have been Grade 12 and you answered yes.  

ATTY. SAORNIDO: 
         
We object, Your Honor. There is nothing that is changed in the answer. 

ATTY. GONZALES: 
          I am not questioning, Your Honor. 

COURT: 
          Let him explain his objection. Why are you objecting, Paņero? (My fellow lawyer?)

ATTY. SAORNIDO:
          He is asking from the witness, Your Honor, a misleading question. The witness did not change . . . 

ATTY. GONZALES:
          I have not yet even asked a question.

PAGE 11
ATTY. SAORNIDO:
          I object to the word change, Your Honor,

COURT:
          The witness explained already that point that it was about a difference of 1 year. Why does it make a substantial difference?

ATTY. GONZALES:
      Yes, there is, Your Honor and we will . . . 

COURT:
          He made a mistake about his age, or years in high school or what?

ATTY. FIDEL:
          Yes, Your Honor, that's very material to. . .

COURT:
          Or he is a big liar. Alright. You want to make it appear that way that because he made a mistake 1 year in schooling he is a big liar?

ATTY. GONZALES:
          Your Honor, please, may we . . .

COURT:
          Why make a mountain out of it when it is not that important. Proceed.

ATTY. GONZALES:
          It's very material to our case, please.

COURT:
          Alright, why is it very material?

ATTY. GONZALES:
          May we just proceed, Your Honor, please?

COURT:
          Go ahead.

ATTY. GONZALES:
          Now, so you are now saying that you reached only Grade 10. Is that right?

      A    Yes, Sir.

      Q    Did I get you correctly?

                                                                            CERTIFICATION

          I hereby certify that the foregoing is a true and correct transcript of stenographic notes taken in the above-entitled cases.  However, above transcription is only a portion of the proceedings because due to time constraint, the rest of the  proceedings  cannot be transcribed as of date.  Transcription  of  the same shall be continued any time today after this certification.
                                                                                 Cebu City, August 27, 1998.

                                                                                                                      SIGNED: ALICIA L. FORMENTERA
                                                                                                                                               Stenographer

PAGE 12
      A    Yes, sir.

      Q    Now, you were there enrolled in Grade 4 and then you reached Grade 10. So, we try to add how many years you were staying there. Okay? Now, Grade 4, Grade 5, Grade 6, Grade 7, Grade 8, Grade 9, Grade 10. So all in all, you were there 7 Years. Would you agree with me?

      A    For my schooling yes.

      Q    So you were there the whole 7 years. Is that correct?

      A    No, I went back here - after high school I went back here in '91.

      Q    Wait a minute. I am just asking you whether you were there straight for 7 years because you said that you
reached Grade 10?

      A    Yes, sir, I was there.

COURT:
          No, he saying that he came back and he was not there straight. That is why he's saying he came back.

ATTY. GONZALES:
          That is his answer, Your Honor. He said he was there straight. That's why I'm asking him again.

COURT:
          That is why he is explaining that he was not there straight but he came me back. When did you come back?

      A    1991, the first time I came back.

COURT;
      Q    So you were not there straight for 7 years. Within those 7 years you came back. Is that what you want to say?

      A    Yes, Your Honor.

COURT:
          He came back within those 7 years.

ATTY. GONZALEZ:
      Q    Before you came back to the Philippines you already reached Grade 10. Is that correct?

      A    Yes, that is correct.

      Q    That is correct. So, in other words, there was no time that you came back to the Philippines before you reached Grade 10. Is that correct?

PAGE 13
COURT:
          Did he not say he come back within those 7 years?

ATTY. GONZALES:
          Your Honor, I'm . . .

COURT:
          Sinabi na niya. (He already said it.) Why are you insisting that he did not come back?

ATITY. GONZALES:
          No, Your Honor . . .

ATTY. GICA:
          He said he came back.

COURT:
          He said he came back.

ATTY. GONZALES: 
          What I am pointing out, Your Honor . . .

COURT:
          And then you are insisting . . .

ATTY. GONZALES:
          No, I am asking him . . .

COURT:
          That he did not come back.

ATTY. GONZALES:
          He came back, Your Honor, but I'm asking whether or not he came back after he became Grade 10. That is my question, Your Honor.

COURT:
      Q    Within that 7-year period before you reached Grade 10, you came back?

      A    No. May I explain, Your Honor?

      Q    Did you not come back?

      A    Yes, I came back in 1991.

      Q    You were then in what grade?

(NOTE: For the benefit of our foreign readers, blue wordings is our translation from Tagalog (Philippine language) to English ...the webmaster). 

PAGE 14
      A    In 1991 I was In Grade 10.

      Q    Grade 10. So you were in Grade 10 when you came back Grade 5?

      A    Yes, Your Honor.

      Q    Not before you reached Grade 10?

      A    Not before I reached Grade 10. I was to take Grade 10. 

      Q    You were in the United States from Grade 4 to Grade 10 straight?

      A    Yes, I was to take Grade.10,

      Q    Did you come back during that 7-year period?

      A     Yes, I was to take . . .

      Q    When?

      A    You see, when I reached Grade 4 because of my age, they raised me up to Grade 5. Now, that's when
Grade 5. Grade 6, Grade 7, Grade 8, Grade 9, Grade 10.

      Q    No. Before you reached Grade 10, did you come back to the Philippines?

      A    Yes, I dId, Your Honor.

      Q    What grade were you then when you came back?

      A    I was to attend Grade 10.

      Q    No. I said be fore you reached Grade 10. Did you come back when you were Grade 4 or Grade 5 or Grade 6, did you come back?

      A    No, Your Honor.

      Q    So you were In the United States from Grade 4 to Grade 10?

      A     Yes, Your Honor.

      Q    So, straight. You did not come back at all?

      A    Yes, Your Honor.

      Q    When did you come back?

      A    1991.

      Q    That Is when you were already In Grade 10?

      A    That's when I was about to take Grade 10.

PAGE 15
      Q    When you were about to what?

      A    When I was about to take Grade 10. 

      Q    You were about to take Grade 10. But you were there In Grade 9. Is that what you mean?

      A    Yes, and I passed Grade 9.

      Q    You passed Grade 9?

      A    Yes, your honor. 

      Q    You were about to take Grade 10?

      A    To take grade 10.

COURT:
          So that's his explanation. He was about to become Grade 10 when he came back to the Philippines.
          Proceed.

ATTY. GONZALES: 
      Q    Okay, let us just follow your story. So, you are now saying because there were 7 years for you to reach Grade 10 you have stayed 7 years and then you said that you came back when you were about to be Grade 10. So we will just know that you were there for 6 years. From 1986, we add 6 years, that means you were there In 1992. Is that correct?

      A    No, sir.

COURT:
          No, sir, he said.

      A     May I explain again, Your Honor?

COURT:
      Q    Will you explain. When were you in the United States?

ATTY. GONZALES:
          Your Honor please, there is . . . 

COURT: (CONTINUED)
      Q    During what year were you there?

      A    Okay, I was there - when I arrived there I had my '87 Christmas and then I was enrolled to Grade 4 and then because of my age, I was raised up.

      Q    So, when you wore Grade 4, what year was that?

      A    That was '87, your Honor.

PAGE 16
      Q    So from 1987 up to when were you there in the States up to Grade 9. What year was that when you were in Grade 9?

      A    I was there up to 1991 because I had . . . 

      Q    So from 1987 up to 1991, you were in the United States?

      A    Yes, Your Honor.

COURT:
          Alright. That is his answer.

ATTY. GONZALES:
      Q    From 1987 to 1991?

      A    Actually, I arrived here 1990.

      Q    So you arrived here 1990. It is no longer 1991?

      A    Yes, sir.

      Q    Oh, come on. How come you're always changing your answer?

      A     Okay, no. Your Honor, may I explain everything?

      Q    So, you want to explain again? You want to explain?

      A     You see, I'm getting confused . . .

COURT:
          Let us not use this harsh language to the witness. If he gave a consistent answer that is part of the record and we are supposed to ask him to explain. Explain.

      A    Okay. '87 I arrived there. No, you know, that was '86 and then when I arrived there I had December '87
which I had my Christmas there. That was my first Christmas in the United States. So I was enrolled in Grade 4. Now, because of my age, I was raised up to Grade 5. So I had my Grade 6, Grade 7. Grade 8 and Grade 9. And then, in '91 I mean '90, I went back there in '91, the following year I was supposed to be enrolled in Southwestern because my Mom followed me here in the following year. And you know since they told me I was only to be enrolled in third-year high school. I did not I said, no, because in the United States . . . 

COURT:
      Q   So what year did you arrive here in 1990? In 1990? What month in 1990 when you came back to the Philippines?

PAGE 17
      A   I think that was before December.

      Q    Before December of 1990?

      A    Yes, Your Honor.

      Q    What do you mean before December, was It November?

      A    I can't remember but It was . . .

      Q    Or October?

      A    Not it was after October because I had my birthday there on . . .

      Q    After October?

      A    Yes.

      Q    But before December

      A    Yes, but before December.

COURT:
          AlrIght, that Is his answer.

ATTY. GONZALES:
          Your Honor, please, may we request, Your Honor, that If ever there Is any explanation by the witness, which is not asked, It should be done on the redirect, Your Honor.

COURT:
          I'm the one asking the witness.

ATTY. GONZALES:
          I'm sorry, Your Honor.

COURT:
          Because I want to know the truth. I have a right examine and cross-examine witnesses. 

ATTY> GONZALES: 
          Yes, Your Honor.

COURT: 
          Alright.

ATTY. GONZALES: 
      Q    Alright. When did you say you saw the accused Josman Aznar?

      A    I met him In 1991, sir.

PAGE 18
      Q    What month of 1991 did you see him?

COURT:
/to Atty. Gonzales 
          You are given an extra 10 minutes because of the Interruptions.

      A    I couldn't recall what month It was, sir,

      Q    You cannot recall. And you told the Court that it was In Southwestern University that you allegedly saw the accused Josman Aznar?

PROS. DUYONGCO:
          Objection.

COURT:
          Ground?

PROS. DUYONGCO:
          Misleading. Not saw  - I met . . .

COURT:
          Will you reform your question to avoid the Fiscal's objection?

ATTY. GONZALES:
      Q    What do you mean when you say that you met Josman Aznar?

      A    He was Introduced to me by my cousin's friend. A friend of my cousin.

      Q    You were Introduced by your?

      A    He was a friend of my cousin.

    Q    A friend of your cousin?

      A    Yes, sir. 

      Q    Who is that cousin of yours?

      A    Andy Rusla.

      Q    This friend, what is the name of the friend of Andy?

      A    I don't know his real name, but I only know him as Sonjo, his nickname. His nickname Is Sonjo, my cousin's friend. 

      Q    Now, this Sonjo Is supposed to be the one who Introduced you to Josman Aznar. Is that correct?

PAGE 19
PROS. GALANIDA:
          Misleading to the word supposed to be.

ATTY. SAORNIDO: 
          We object to the word supposed, Your Honor. The witness did not testify to that effect about supposed - so misleading.

ATTY. GONZALES:
          It's not misleading, Your Honor.

ATTY. SAORNIDO: 
          Supposed, Your Honor. The witness testified that he was Introduced not supposed.

ATTY. GONZALES:
          Because we don't believe that Your Honor.

COURT:
          Why will you use the word supposed?

ATTY. GONZALES:
          Well, allegedly.

COURT:
          So, this witness according to you - yon nga, (that's it) according to you.

ATTY. GONZALES:
      Q    Okay, we will use the phraseology of this Honorable Court. According to you you were introduced by a
certain Sonjo to Josman Aznar and yet you don't even know the fall name of the one Introducing Josman Aznar?

ATTY. SAORNIDO:
          Already answered, Your Honor.

PROS. DUYONGCO:
          Argumentative.

ATTY. SAORNIDO:
          And besides, it is argumentative.

COURT:
Sustained.

(NOTE: For the benefit of our foreign readers, blue wordings is our translation from Tagalog (Philippine language) to English ...the webmaster). 

PAGE 20
ATTY. GONZALES:
          Alright, I just want that on record, your Honor.

COURT:
          What can we do? It has not done damage. Maybe he does not want to tell the court or - what can we do? E kung ayaw sabibin. (So, if he does not what to say it.)

ATTY. GONZALES:
      Q    Now, where In thls Sonjo now, If you know?

      A    I don't know where he is now.

      Q    You don't know?

      A    I don't know where is Sonjo now.

      Q    You don't even know this Sonjo is residing?

      A     No, sir, I don't.

      Q    Definitely this Sonjo is not your close friend. Is he considering that you don't even know his family name?

      A    Like I said, he Is a friend of my cousin.

      Q    How did this Sonjo allegedly Introduce you to Josman?

      A     I was Inside the High School Department where where the canteen was and that's where we hang out and then . . .

COURTi
      Q    High school Department of what? What school?

      A    In Southwestern University, Your Honor.

      Q    Southwestern University. Alright.

      A    And I hang around there and then Josman arrived and then, you know my cousin's friend said that, That Is Josman Aznar because I asked him who was he.

      Q    So, It was you who asked your friend, your cousin's friend Sonjo, who Is this guy. Is that It?

      A    Yes, sir.

COURT:
          You have to speak louder because there is a tape recorder there,

ATTY. GONZALES:
      Q    So, in other words, you were not really introduced to Josman but you were just curious, asked Sonjo, who is that guy and so Sonjo told you, that is Josman Aznar. Is that right?

(NOTE: For the benefit of our foreign readers, blue wordings is our translation from Tagalog (Philippine language) to English ...the webmaster). 

PAGE 21
      A    Yes, sir.

      Q    In fact, after Sonjo you that that is Josman Aznar, you did not even shake his hand because Josman Aznar just went thru?

      A    No, he did not went thru.

COURT:
      Q    What happened?

      A    He hang around with the other guys who were In the canteen.

COURT:
          Alright, that is his answer.

ATTY. GONZALES: 
     Q    But you were sitting on a table or what?

      A    No, there wax a seat on the side like in a lobby, you know, where there's a seat there.

      Q    So you saw Josman Aznar and he had some friends with him talking. Is that right?

      A    Yes, I saw him talking to some of the guys,

      Q    You know those friends of his that you saw that he was talking to?

      A    They were just guys hanging around there.

      Q    You don't know those guys?

      A    No, sir.

      Q    You don't know anyone there except Josman Aznar. Is that right?

      A    My cousin's friend.

      Q    Oh, yes, because you were with your cousin's friend?
 
      A    Yes, Sir.

      Q    So, it was only your cousin's friend and Josman Aznar whom you know on that particular day that you allegedly saw Josman Aznar. Is that right?

      A    Yes, Sir.

      Q    What time was that of the day?

      A    I cannot recall that, sir.

      Q    You cannot recall. So you cannot recall whether it was morning, you cannot recall whether it was in the afternoon, neither could you recall whether it was in the evening. Is that what you want to say?

PAGE 22
ATTY SAORNIDO:
          We object, Your Honor, misleading. He could not recall the time but that would be different if he is asked about morning, afternoon. The time he - is referring to time, Your Honor.

COURT:
          Alright.

ATTY. TELERON: 
          Your Honor, may we remind again that the objections only will be stated not explanation.

ATTY. SAORNIDO:

          Misleading, Your Honor.

ATTY. TELERON:
          This has always been done by the prosecution, Your Honor. May we also request the Court that It be a warning to the prosecution.

COURT:
          Alright, we are warning the prosecution to first state the objections ground before explaining. That Is the rule. Proceed.

ATTY. GONZALES:
      Q    You did not even have a chance to talk to Josman Aznar on that day. In that right?

      A    Yes, sir,, that's right.

      Q    And so when was the next time that you saw Josman Aznar that was on July 16, 1997 at Ayala?

      A    No, that was not the next time.

      Q    When was the second time that you allegedly met this Josman Aznar?

      A    Way back In '91 I saw him in the same place hanging around there a couple of times. That was back in 1991.

      Q    By the way, where were you residing then In 1991?

      A    In Labangon.

      Q    With whom?

      A    My auntie.

PAGE 23
      Q    Of your aunt. What about your Dad?

      A    My Dad wasn't around.

      Q    By the way, the definition of a person who is a son with unmarried parents or illegitimate child is called bastard. Would you consider yourself a bastard?

PROS. DUYONGCO;
          No basis, Your Honor.

ATTY. SAORNIDO:
We object, Your Honor. No basis.

ATTY. HERMOSISIMA:
And immaterial, Your Honor, please.

COURT:
      And besides, it is embarrassing to the witness and there is no basis that he is . . .

ATTY. GONZALES:
      Q    Is your . . .

COURT:
      That what? That he is an illegitimate child. Is that that what you are trying to say?

ATTY. GONZALES:
      Q    Is your mother and father married to each other?

      A    No, they are not, sir.

      Q    So that means you are an illegitimate child. Is that right?

      A    That's correct.

      Q    What would you be doing there in Southwestern University on the first day?

      A     Like a normal teenager hang around.

      Q    Like a normal teenager hang around. And would you consider yourself hanging around at Ayala your being a normal teenager?

      A    Yes, it is. It is normal.

COURT:
          Why, was he a teenager at the time of the commission of the offense? The way I see him - last year - he is 
no longer a teenager. Are you referring to that?

PAGE 24
ATTY. GONZALES:
          Yes, Your Honor,

COURT:
          He is hanging around . . . 

ATTY. GONZALES:
          Yes, and then he answers . . . 

COURT:
          That is misleading because he is no longer a teenager like you. He Is only 23 now.

ATTY. GONZALES: 
          That's why, Your Honor, he is answering because he feels he is still a teenager.

COURT:
          Last year he was 22 and when you say that he assumed he was a teenager, you are misleading the witness.

ATTY. GONZALES:
          No. You were hanging around just like a teenager.

PROS. GALANIDA:
          Just like a normal teenager.

ATTY. GONZALES:
          It Is not that I'm saying that he is a teenager.

COURT:
          Alright. Do not assume that he was a teenager last year because he was already 22. Alright, that is all I want to say, Do not assume.

ATTY. GICA:
          Your Honor, please . . .

COURT:
          That he was a teenager because a 22-year old son e hindi na (is not anymore) teenager. Unless you want to consider yourself a  teenager also.

ATTY. GICA:
          Your Honor, it is not an assumption . . . 

COURT:
          Yon na lang, ha? (That's all only, ha?) Biro lang, (Joke only,) Joke only. Proceed. 

(NOTE: For the benefit of our foreign readers, blue wordings is our translation from Tagalog (Philippine language) to English ...the webmaster). 

PAGE 25
ATTY. GICA:
          It's an attitude, Your Honor, which we are trying to . . .

COURT:
          Blnlbiro ko lang si Paņero, o. (I am only fooling my fellow lawyer, ok.) Proceed. 

ATTY. GICA:
          Thank you, Your Honor.

COURT:
          Yes. 22 na. (already) Ikaw naman, O. (You only, ok.)

ATTY. GONZALES:
      Q    Who was with you when you allegedly saw for the second time Josman Aznar?

ATTY. GONZALES:
      Q    I would like to make It of record, Your Honor, that tile witness is not answering. 

PROS. GALANIDA:
          The witness is thinking, Your Honor. It is very visible from his actuation. He Is thinking.

ATTY. HERMOSISIMA:
          Yes, he Is thinking.

PROS. GALANIDA:
          Because he Is asked to recollect a matter. But for you to say that he is not answering is not right because he is still thinking of what to answer.

      A    I couldn't recall who was with me.

      Q    And In that second time that allegedly you saw Josman Aznar in which you cannot recall who was with you, still you had no conversation with Josman Aznar. Is that correct?

      A    No.

      Q    When was the third time that you saw Josman Aznar? Was that on July 16, 1997?

      A    No, sir.

      Q    When was that?

      A    I could no longer recall.

      Q    So, all in all, if we try to recall, how many times have you seen Josman Aznar from 199 . . .

(NOTE: For the benefit of our foreign readers, blue wordings is our translation from Tagalog (Philippine language) to English ...the webmaster). 

PAGE 26
ATTY. SAORNIDO:
          Vague, Your Honor.

COURT:
          Let him finish. Let him finish his question.

PROS. GALANIDA:
          There was a pause.

ATTY. SAORNIDO: 
          There was a pause, Your Honor. I thought he is already finished.

COURT:
          He apologises. Alright.

ATTY. GONZALES:
          From 1991 up to the time you allegedly met him on July 16, 1997, how many times have you met Josman Aznar?

ATTY. SAORNIDO: 
          We Interpose an objection, Your Honor, for being vague.

COURT:
          Wait a minute. It Is vague?

ATTY. SAORNIDO:
          Yes. Your Honor.

COURT:
          What is being asked - how many times.

ATTY'. SAORNIDO:
          Many times. The answer of the witness - he testified that he could no longer recall.

COURT:
          If he can. Sit down. Let him think if he can remember. if not, then he can say he cannot remember. Let him answer the question. How many times did you meet Josman Aznar before July 16, 1997 . . .

ATTY. GONZALES:
          From 1991 to July 16.

COURT:
          To July, 1997. How many times have you met Josman Aznar.

PAGE 27
      A    A few times, Your Honor.

      Q    A few times?

      A    Yes, Your Honor.

      Q    So that means more than 2 times?

      A    More than 2 times, Your Honor.

      Q    3 times?

      A    More than 3 times.

      Q    More than 4 times?

      A    About 4 or 5 times,

COURT:
          4 or 5 times. Alright.

ATTY. GONZALES:
      Q    And in all these 4 or 5 times that you saw Josman Aznar, you have never talked to him. Is that right?

      A    That is correct.

      Q    Is It not that you have a girlfriend at Ayala Center?

ATTY. SAORNIDO:
          May we know the materiality, Your Honor?

COURT:
          What Is the materiality? Our Paņero (fellow lawyer) wants to know.

ATTY. GONZALES:
          That was the reason why he was at Ayala, Your Honor . . .

ATTY. SAORNIDO:
          That Is not the Issue here,

ATTY. GONZALES:
          On July 16, 1997 - that was way he was there because he stated In his testimony that he was at Ayala from 2:00 o' clock In the afternoon up to 10:30 . . .

ATTY. SAORNIDO:
          Whether the witness was at Ayala or not, that Is not material.

ATTY. GICA:
          Your Honor, please, this Is actually to graduate the credibility of the witness and to elicit admissions.

(NOTE: For the benefit of our foreign readers, blue wordings is our translation from Tagalog (Philippine language) to English ...the webmaster). 

PAGE 28
COURT:
          Well, why don't you ask him directly?

ATTY. GONZALES:
          Precisely.

COURT:
          At about 2:00 o'clock of July 16, did you go to most your girlfriend? Itanong mo na agad, (Ask him immediately.) Did you go to meet 

ATTY. GONZALES:
          They might then again object because there Is no basis.

COURT:
          Because when you ask - did you have a girlfriend it would show the materiality of your question. But if you ask him - Did you In fact go to Ayala on July 16 at 2:00 o'clock to meet your girlfriend? That In a leading question but it's allowed on cross-examination.

ATTY. GONZALES:
          We will adopt the question of this Honorable Court.

COURT:
      Q    Will you translate that to him. Did you go to Ayala at 2:00 o'clock of July 16 last year to meet your girlfriend?

      A    No.

COURT:
          According to him, no. Alright, next question.

ATTY. GONZALES:
          Q    But you have a girlfriend, a saleslady, at Ayala. Is that right?

      A    I had a girlfriend, yes.

      Q    What's the name of your girlfriend?

COURT:
      Q    No. You specify the time. When - up to when did you have that girlfriend? Up to when was she your girlfriend? Will you specify the date up to when was she your girlfriend? Up to when?

      A    For about a mouth.

(NOTE: For the benefit of our foreign readers, blue wordings is our translation from Tagalog (Philippine language) to English ...the webmaster). 

PAGE 29
      Q    No. I'm asking you the date. Until when was she your girlfriend?

      A    I couldn't recall the date.

      Q    Up to July 16 of last year, was she still your girlfriend when you went there?

      A    No, she was not.

      Q    She was no longer your girlfriend?

      A    No, Your Honor.

      Q    When did you terminate your sweethearts relationship?

      A     Before July 16.

      Q    How many months before July 16?

      A    About a month before July 16.

      Q    So. a month before July 16 you were broken off. Is that what you want to say?

      A    Yes, Your Honor.

      Q    You broke off your relationship?

      A    Yes, Your Honor.

COURT:
          Alright, that is his answer.

ATTY. GONZALES:
          That's alright, Your Honor.
      Q    Now, you told the Court that at about 10:30 you were picked up by Josman Aznar and Rowen Adlawan. Is that right?

      A    No.

COURT:
          Specify. Morning or afternoon or at night?

ATTY. GONZALES:
          July 16, 1997 at about 10:30 In the evening?

COURT:
          In the evening?

ATTY. GONZALES:
          Yes, that's what he . . . 

PAGE 30
COURT:
          Is that what he testified, Fiscal that he was picked up at 10:30 P.M. by Aznar and Adlawan?

ATTY. HERMOSISIMA:
          Fetched, Your Honor.

COURT:
          He was fetched.

ATTY. GONZALES: 
          Okay, the term is fetched.

COURT:
          Stop the word that he used fetched otherwise it would be misleading, di ba? (wouldn't it be so?) 0, papano (How then?) if you use another word.

ATTY. GONZALES:
          That was it 10:30?

      A    As I said on my own estimate.

      Q    On your own estimate. Now, did you and Rowan Adlawan have an agreement where you would be fetched?

      A    No, sir.

      Q    So there was none. There was no agreement between you and Rowen where you would be fetched. So in other word, when you were "fetched" by Rowen Adlawan and Josman Aznar, it was only by chance that they saw
you. Is that right because there never was any agreement between you and Rowen where you would be picked up?

PROS. DUYONGCO:
          We object to the word by chance, Your Honor, because as testified. Okay, I will just state - that is misleading. 

ATTY. GONZALES:
          It's not misleading, Your Honor.

COURT:
          No, he is being asked. He can answer you or no. It's not misleading. The witness can answer yes or no. Did you meet by chance - that's the question of counsel. 

(NOTE: For the benefit of our foreign readers, blue wordings is our translation from Tagalog (Philippine language) to English ...the webmaster). 

PAGE 31
      A    Yes.

ATTY. GICA:
          May we clarify on record, Your Honor. Yes is actually meant by the witness as no. There was no agreement.

COURT:
          There was no agreement.

ATTY. GICA:
          There was no agreement.

ATTY. GONZALES:
          The yes there ...

ATTY. GICA:
          The yes is meant no. There was no agreement.

COURT:
          Did he testify on direct-examination that there was an agreement?

ATTY. GONZALES:
          No, there was no agreement.

ATTY. HERMOSISIMA:
          There was no agreement, Your Honor.

ATTY. GICA:
          It was only by chance.

PROS. DUYONGCO:
          As to the specific place but they agreed to meet in the evening.

COURT:
          They agreed to meet In the evening.

PROS. DUYONGCO:
          Yes. For him to hang on and there will be a big happening in the evening.

COURT:
          Alright, you can ask him now.

ATTY. GONZALES:
          They should not explain, Your Honor . . .

PAGE 32
PROS. DUYONGCO:
          I was asked to explain.

ATTY. GICA:
          We want to clarify this on record.

COURT:
          Yon nga. (That's it.)

ATTY. GICA:
          We will clear it. Your Honor. 

COURT:
          Alright.

ATTY. GICA:
          The yes coming from the mouth of the witness means that they met by chance and there was no agreement to meet anywhere at Ayala.

PROS. GALANIDA:
          We object.

PROS. DUYONGCO:
          Misleading.

COURT:
          No, but according to the Fiscal there was an agreement although there was no specific what? What?

PROS. DUYONGCO:
          Place in Ayala.

COURT:
          So we will ask him now.

ATTY. GIGA:
          That is putting words into the mouth of the witness. 

PROS. GALANIDA:
          No. It is you who is putting words into the mouth of the witness.

COURT:
          Kaya nga tatanungin natin siya, e, ngayon. (That's why we will ask him now.) Ano ba? (So what?) We will ask him.

(NOTE: For the benefit of our foreign readers, blue wordings is our translation from Tagalog (Philippine language) to English ...the webmaster). 

PAGE 33
ATTY. GICA:
          Precisely.

COURT:
      Q    According to the Fiscal in your direct-examination, you testified that there was such an agreement to meet in the evening of July 16 with Rowen Adlawan only there was no specific place where you were supposed to meet. Are you changing that now or are you affirming that testimony of yours on direct-examination?

      A    There was no specific place for us to meet but we did agree that we will meet.

      Q    You did agree to meet?

      A    yes, In the evening.

      Q    In the evening?

      A    Yes, Your Honor.

      Q    Was It at Ayala?

      A    That was outside Ayala.

      Q    Outside Ayala. You would meet outside Ayala Center. So there was a place outside Ayala?

      A    Yes, Your Honor.

COURT:
      Mayroong (There is a) place according to him although there was no specific vicinity I mean - but outside Ayala. That was their agreement. Alright you have 3 minutes more, Atty. Gonzales. You have 3 minutes more to finish your questions.

ATTY. GONZALES:
          I'm sorry, Your Honor?

COURT:
          You have 3 minutes more.

ATTY. GONZALES:
          Your Honor, I have several questions yet to ask . . .

COURT: 
          Well, I already gave you an extension of 10 minutes.

ATTY. GONZALES:
          But these are very . . .

(NOTE: For the benefit of our foreign readers, blue wordings is our translation from Tagalog (Philippine language) to English ...the webmaster). 

PAGE 34
COURT:
          Because of the interruptions, we have to stand firm on our Order that you have only 30 minutes each. Of course if there are interruptions, I will grant 10 minutes extension.

ATTY. GONZALES:
          Why are we given that too short of time, Your Honor? We are . . .

COURT:
          Alright, you have 5 minutes more.

ATTY. GONZALES:
      Q    Now, you mentioned that there was a red car that, was following that white car. Did I got you correctly?

      A    Yes, sir.

      Q    Did you got to know what was the brand of that car?

PROS. DUYONGCO:
          Vague, Your Honor. There were 2 cars.

COURT:
          That is not vague. He Is asking him if he knows the brand of the car.

PROS. DUYONGCO:
          There were 2 cars, Your Honor.

ATTY. GONZALES:
          The red car.

COURT:
          The red car. He to referring to the red car. Do you know the red car?

      A    No.

      Q    But was it something new or was It brand new or old or used or what?

COURT:
          The red car. You mean the red car?

ATTY. GONZALES:
          I'm referring to the red car.

      A    It was used.

PAGE 35
      Q    And there were no letterings no markings in that car. It was pure red. Is that right? 

COURT:
          Why did he go inside the car? 

ATTY. GONZALES:
          No. just the face, Your Honor. 

COURT: 
          Outside.

ATTY. GONZALES:
          Outside, yes. 

COURT:
          There were no markings outside. 

ATTY. GONZALES:
          No markings. Right? 

      A    There was.

      Q    What was it if you remember?

      A    I can't remember.

      Q    You cannot remember anymore?

      Q    I can't.

      Q    Try to recall. You cannot remember?

      A    I can remember.

      Q    Where, what part was it that there was a marking, what part of the car?

      A    It was on the side.

      Q    Which side, left or right?

      A    Right side.

      Q    Only on the right side but there was none on the left side?

      A    I don't know.

      Q    You don't know. In fact, you could not recall very well because the markings was only a small one. Was It a small marking? Is that it?

      A    I couldn't recall how big or small was it.

PAGE 36
      Q    But definitely you could not - It was not a taxi of course. Was It?

PROS. DUYONGCO:
          Your Honor, please, what Is the materiality of this line of questloning?

ATTY. GONZALES:
          I am on cross-examination, Your Honor.

COURT:
          He Is asking about his testimony that there was a red car. So, that Is connected to It . . .

PROS. DUYONGCO:
          I submit, Your Honor.

      Q    It could not be a taxi because there was only a small marking. Was It? Because If it were a taxi of course you would know that It was a taxi?

      A    It would probably be a taxi.

      Q    But you never saw a marking that It was a taxi. Is that It?

      A.    As I know, a taxi they have this light on top.

      Q    There was none in that red car. In that red oar there was none?

      A    There was none.

      Q    Now, will you please inform the Court what do you mean by a safe house?

COURT:
          What?

ATTY. GONZALES:
          Safe house, Your Honor.

COURT:
          Safe house? Did he use that word sate house?

ATTY. HERMOSISIMA:
          We request counsel to lay the basis, Your Honor, for asking that question to the witness.

ATTY. TELERON:
          The question Is whether he has said about a safe house.

PAGE 37
ATTY. HERMOSISIMA:
          Lay the basis.

ATTY. GONZALES:
          My question, Your Honor, is simple. Why do you mean by a safe house?

COURT:
          Well, you have to establish first that he used that word.

ATTY. HERMOSISIMA:
          Yes.

ATTY. GONZALES:
      Q    Now, In your affidavit, it mentions here that allegedly the girls Marijoy and Jacqueline were brought to an apartment In Guadalupe in which you stated that It to the safe house of Josman Aznar . . .

COURT:
          Now, where did he make that statement safe house?

ATTY. GONZALES:
          There In the affidavit, Your Honor, and I am . . .

COURT:
          Show it to him.

ATTY. HERMOSISIMA:
          Exactly. May we request that that be shown to the witness, Your Honor.

ATTY. TELERON: 
          Can we Just stipulate on this, Your Honor, considering that the defense team had always been given a cramp time.

COURT:
          No, show it to him first.

ATTY. TELERON:
          This is very familiar to the prosecution already. So why should we be laying basis in order to delay?

ATTY. HERMOSISIMA:
          The prosecution knows but the witness has not where is that safe house.

PAGE 38
ATTY. GICA:
          Your Honor, may we stipulate . . .

COURT:
          The Court wants that statement to be asked to the witness first. Because I don't want you to ask any question that the witness may not have used to explain any word that the witness may not have used. So show It to him.

ATTY. GONZALES:
          Okay, I'm referring to question no. 16, page 3 of the affidavit and I would like to quote. Question: Do you know . . .

COURT:
          Show it to him and to the private prosecutor. Will you read that, Atty. Hermosisima?

COURT:
          Is there such a word used by the witness - safe house?

ATTY.  HERMOSISIMA:
          Yes, there is, Your Honor.

COURT:
          Alright. Explain what do you mean by . . .

ATTY.  TELERON:
          At this time, Your Honor, the prosecution Is the one admitting it not the witness - were perplexed when . . .

COURT:
          No, because I asked him to see if there is such a word used.

ATTY. TELERON:
          Yes, Your Honor, but we thought . . .

COURT:
          I want to be sure.

ATTY. TELERON:
          We thought it's the witness who should be confronted with the affidavit.

COURT:
          No, I just wanted to be sure if there is such a word and then we will now ask him - that the question is what do you mean by safe house. The prosecution did not say that. All he said was there is such a word. That is all I wanted to know.

PAGE 39
ATTY. TELERON:
          So can we make it clear, Your Honor.

COURT:
          So now, let him explain what he means by that? That is the question of your colleague anyway, di ba? (Isn't it?)

ATTY. TELERON:
          Yes, Your Honor.

COURT:
          What do you mean by a safe house?

ATTY. TELERON:
          But can we be cleared, Your Honor, that if the witness is the one confronted the prosecution should not answer It.

COURT:
          No, no. I ask him to check if there is indeed a word safe house used In the affidavit. I ordered the private prosecutor to see if there is such a word used in the affidavit.

ATTY. GICA:
          It's okay, Your Honor...

COURT:
          Not to explain what It means.

ATTY. GICA:
          It's okay if the prosecution would just limit themselves on what the word there speaks but not to make suggestions to the witness.

COURT:
          No. Wala namang suggestion, e. (There are no suggestions, so.)

ATTY. GICA:
          Precisely, Your, Honor.

COURT:
          He just said there is such a word used. Alright, that satisfies the court because I want to be satisfied. Mayroon ng (There is) safe house word used there before we asked the witness to explain it because we might ask him to explain a word na hindiI naman nlya ginamit. (that he didn't even use it.) That Is my point. Now, we know - alright, he can now be asked what he means by that.

(NOTE: For the benefit of our foreign readers, blue wordings is our translation from Tagalog (Philippine language) to English ...the webmaster). 

PAGE 40
ATTY. GICA:
          Your Honor, It's okay with us. It's ok with us actually because after all the Court has stated that we are after the truth but we would like to prohibit the prosecution from leading the witness in the guise of obeying the directive of this Honorable Court.

COURT:
          No, he was not leading. All he says was . . .

ATTY. GICA:
          Precisely, I would just like to make it clear . . .

ATTY. HERMOSISIMA:
          That would be uncalled for, Your Honor. We made an objection that the question was without basis,

COURT:
          Tama na yan. (That's enough already.) We are wasting time.

ATTY. HERMOSISIMA:
          We submit, Your Honor.

COURT:
          So, let the witness answer that question. What do you mean by that word safe house which you used In your affidavit, safe house of Josman Aznar? Ganoon ba? (Is that right?)

ATTY. GONZALES:
          Yes, Your Honor. The question was - Do you know who is the owner of the house and the answer was I do not know sir, but I believe that it was the safe house of Josman Aznar. So, my question is, what in your . . .

COURT:
          Will you explain that statement in your affidavit?

      A   You-see, Your Honor, Josman was with us. You know, that's where we took the girls. Like I said, I believe that it was the safe house of Josman Aznar.

ATTY. GONZALES:
          You are not answering my question.

COURT:
      Q    In other words, you assume or you presume that It was the safe house of Josman Aznar?

      A    Yes, I assumed.

(NOTE: For the benefit of our foreign readers, blue wordings is our translation from Tagalog (Philippine language) to English ...the webmaster). 

PAGE 41
ATTY. GONZALES:
      Q    My question to you Mr. Rusia is, what do you understand by a safe house? What do you mean by that?

      A    Hang out, you know, that's where . . .

COURT:
          Hang out. He said hang out.

ATTY. GONZALES:
          Now, isn't it a fact that this term safe house did not come from you because you would have . . .

PROS. DUYONGCO:
          Your Honor, please, argumentative.

ATTY. GICA:
          He's on cross-examination. Graduating the credibility of the witness.

COURT:
          Alright, objection overruled.

ATTY. SAORNIDO:
          Your Honor, please . . .

COURT:
          Overruled. Witness may answer.

      A    Can you repeat the question?

STENOGRAPHER:
      Q    Now, isn't it a fact that this term safe house did not come from you because you would have . . .

ATTY. GONZALES:
      Q    Because you would have preferred the term hang out. Is that right?

      A    At that time when I was asked . . .

COURT:
          You answer the question. Did that word safe house come from you or from somebody else?

      A    It came from me, Your Honor.

COURT:
          From you. Alright, that is his answer. It came from him.

PAGE 42
ATTY. GONZALES:
      Q    Are you sure?

ATTY. SAORNIDO:
          Your Honor, when I stood up a while ago objecting but I'm only reminding that the extended 5 minutes has already doubled.

COURT:
          Alright. So the cross-examination is hereby terminated by Atty. Gonzales.

ATTY. GONZALES:
          Your Honor, please may . . .

ATTY. GICA:
          Are we to understand, Your Honor, that it's only the cross-examination of Atty. Gonzales which is terminated?

COURT:
          Yes. The next defense counsel . . .

ATTY. GICA:
          I'm also a counsel of Josman Aznar, Your Honor.

COURT:
          Yes.

ATTY. GICA:
          Can I conduct cross-examination?

COURT:
          Of course.

PROS. DUYONGCO:
          Your Honor, only one.

ATTY. HERMOSISIMA:
          They are representing the same client, Your Honor.

COURT:
          The same client.

ATTY. GICA:
          Because, Your Honor, we have not yet reached Tan-awan. There are several points discussed, narrated, declared by this witness on the witness stand . . .

PAGE 43
COURT:
          There are 2 lawyers for Josman.

PROS. DUYONGCO:
          But are they telling, Your Honor, that if Josman Aznar would hire 10 lawyers, each lawyer would be allowed 1 hour?

ATTY. GICA:
          Well, Your Honor, please, necessity is the criterion. Justice should never be sacrificed to expediency, Your Honor.

PROS. GALANIDA:
          No. Your Honor, please. Like In the Abiabi case, one accused had 2 lawyers but this Honorable Court allowed only one . . .

ATTY. GICA:
          We cannot . . .

PROS. GALANIDA:
          Excuse me. I am not yet through.

COURT:
          Alright, to out the arguments short, I will allow Atty. Gica 15 minutes.

ATTY. GICA:
          Thank you, Your Honor.

ATTY. TELERON:
          Your Honor, please, - likewise, Your Honor, this In similarly the hearing for the Motion for the discharge of this acclaimed heroism witness.

PROS. DUYONGCO:
          I object to the word acclaimed heroism, Your Honor.

COURT:
          No, no. This is not a hearing for the discharge.

ATTY. TELERON:
          This is simultaneous, Your Honor, For the evidence in chief, for the petition for bail, and for the motion for discharge. 

COURT:
          This is not a hearing for the discharge, This is the regular trial.

PAGE 44
ATTY. TELERON:
          Precisely, Your Honor, this is the . . .

COURT:
          I deferred - the motion for discharge was deferred and will be resolved by the Court in due time.

ATTY. TELERON:
          What we categorically understood from the Court, Your Honor, that after the cross-examination . . .

COURT:
          Alright, I'm correcting you. I'm saying that this is the regular trial for a hearing for the discharge. So, you want to insist otherwise that what the presiding Judge is saying?

ATTY. TELERON:
          Your Honor, please, it is placed in the Order of this Honorable Court in prior orders that when we move for the conviction of this witness, the Honorable Court said that It will only decide after the cross-examination of this witness. So that we are made to believe that this will also be a hearing bf the motion for the discharge of this witness.

ATTY. HERMOSISIMA:
          Your Honor, please ...

COURT:
          Look, I did not say when after the cross-examination - I was referring to. It could be up to final judgment. Di ba after pa rin yon? (Isn't it so, after that yet?) I did not say I will decide Immediately after cross-examination. No.

ATTY. TELERON:
          It was phrased . . .

COURT:
          Why are you pinning down the Court to make a discharge?

ATTY. TELERON:
          Your Honor, please, it was phrased as after cross-examination of this witness.

COURT:
          Alright. I'm correcting you here and now that the resolution of the motion for discharge will be made up to flnal judgment. Now, if you want . . .

(NOTE: For the benefit of our foreign readers, blue wordings is our translation from Tagalog (Philippine language) to English ...the webmaster). 

PAGE 45
          So, are we also made to understand, Your Honor, that the hearing for the motion for his discharge is consolidated with the main hearing?

COURT:
          I'm not conducting a hearing for his discharge. I just said that I will resolve the motion to discharge in duen time.

ATTY. TELERON:
          So that the presentation of evidence In simultaneous . . .

COURT:
          When I feel like doing it and you have no business telling me when to do It. Sit down. Alright, next cross-examiner.

ATTY. GONZALES:
          Your Honor, please, may I ask for a reconsideration, Your Honor?

COURT:
          Not granted.

ATTY. GONZALES:
          May we know, Your Honor, the legal basis why we are precluded from cross-examining the witness, Your Honor?

COURT:
          Because you have already taken . . .

PROS. DUYONGCO:
          55 minutes.

COURT:
          55 minutes when the Order of this court is only 30 minutes. I allowed you because of the interruptions and we have to follow the order of this Court in this courtroom. Alright. Now, If you want to appeal to the Court of Appeals or to the Supreme Court, you are free to do so any time. Sit down.

ATTY. SAORNIDO:
          Your Honor, please . . .

COURT:
          Your cross-examination is terminated. You appeal to the Court of Appeals. 

PAGE 46
ATTY. GONZALES:
          Your Honor, please, may we know the legal basis, Your Honor?

COURT:
          The legal basis Is because I have decided It. It within my discretion to control the presentation of evidence and to limit the cross-examination time of each witness.

ATTY. GONZALES:
          Your Honor, please, our client Josman . . .

COURT:
          Stop talking. Sit down.

ATTY. SAORNIDO:
          Your Honor, please, my client have just recovered and . . .

COURT:
          No, we want to finish his cross-examination today.

ATTY. SAORNIDO:
          May we ask for a 10 minutes recess, Your Honor, or 5 minutes recess?

COURT:
          No, sit down.

ATTY. SAORNIDO:
          We submit, Your Honor.

COURT:
          Begin your cross-examination, Atty. Gica. You are given 15 minutes.

ATTY. GICA:
          Thank you, Your Honor.

COURT:
          I don't want any people talking to the witness. He is being influenced because he is a prime or main eyewitness and I don't want any people to be talking with him especially his relatives. Aba e mahirap you. (Well, that's difficult.) We will not have any recess. If ever he urinates, 1 minute but nobody will talk with the witness. Alright.

(NOTE: For the benefit of our foreign readers, blue wordings is our translation from Tagalog (Philippine language) to English ...the webmaster). 

PAGE 47
ATTY. TELERON:
          Your Honor, please . . .

COURT:
          Sit down.

ATTY. TELERON:
          We've noted, Your Honor . . .

COURT:
          No more. Stop interrupting. Go ahead with your cross.

ATTY. GICA:
          Yes. Thank you, Your Honor.

COURT:
          15 minutes.

ATTY. GICA:
          May It please the Honorable Court.

COURT:
          Why are you - conduct the cross-examInation.

                                                                            CROSS-EXAMINATION BY
                                                                                 ATTY. EDGAR GICA


      Q    Mr. Rusia, you have narrated to this Honorable Court that there were 2 cars that brought you together with the Chiong sisters, Jacqueline and Marijoy, from Ayala Center at the place that you described to the Honorable Court to Fuente Osmeņa then after Fuente Osmeņa, to a house In Guadalupe which you said was a safe house. Is it not?

PROS. DUYONGCO:
          We object to the word that brought you. Misleading. There were 2 cars that brought you? How could it be?

ATTY. GICA:
          No, no. There were 2 cars one of which . . .

COURT:
          2 guys.

PROS. DUYONGCO:
          2 cars that brought you.

PAGE 48
COURT:
          2 cars.

ATTY. GICA:
      Q    Okay. That you used from Ayala Center to Fuente Osmeņa.

COURT:
          He was not the one who used It. That were used.

ATTY. GICA:
          The group.

COURT:
          That were used.

ATTY. GICA:
          Okay, I stand corrected.

COURT:
          Did he say that were used? He just said that the red car followed. He did not say . . .

ATTY. GICA:
      Q    In other word . . .

COURT:
          That the red car was used In kidnapping the victims.

ATTY. GICA:
      Q    In other words, you were saying Mr. Rusia that you were In the white car?

      A    Yes, I was in the white car.

      Q    And you were together with the Chiong sisters. Was it not?

      A    Yes, sir.

      Q    And you were seated at the right hand of the driver's seat I mean right side of the driver's seat. Was It not?

      A    Yes, sir.

      Q    And in that position, you said that you saw Rowen Adlawan struck, hit, boxed the Chiong sisters while at the back. Is that what you mean?

PAGE 49
      A   I said elbowed and punched.

      Q    Just - yes, elbowed and punched. Is that what you mean?

      A    Yes, sir.

      Q    In other words, there was actually no indication as yet that there was such an act by Rowen Adlawan before you know about that particular act committed by him. Was there?

PROS. DUYONGCO:
          Vague, Your Honor.

COURT:
          Will you reform?

ATTY. GICA:
          I'll reform the question. 
      Q    There was nothing said or done prior to the hitting of the Chiong sisters by Rowen Adlawan at that time. Was there?

PROS. DUYONGCO:
          Vague, Your Honor. Inside the car or outside the car?

ATTY. GICA:
          Of course, inside. It presupposes that they were inside the car. He was sitting at the driver's . . .

COURT:
          Witness may answer.

ATTY. GICA:
      Q    There was nothing said and done by Rowen Adlawan, prior to - immediately before the hitting of the Chiong
sisters. Was there?

      A    He was struggling and the sisters were fighting.

COURT:
          No. Did Adlawan say anything? That is the question.

      A    To me?

COURT:
          No. Before he struck the girls. Did Adlawan say anything before or at the same time?

      A    I couldn't recall if he had said any.

PAGE 50
ATTY. GICA:
      Q    In other words, nothing attracted your attention for you really to turn your head towards the back of the car where you were seated, Was there?

      A    Yes, there was.

      Q    Was It a sound or an act?

      A    No . . .

      Q    That was prior to the hitting?

PROS. GALANIDA:
          Excuse me.

PROS. DUYONGCO:
          He is answering, Your Honor.

PROS. GALANIDA:
          He should be given time to answer before another question In propounded,

      A    When the 2 girls were Inside the car that's what attracted me, you know, when I looked back.

COURT:
      Q    So, you looked at the back of the car when the 2 girls were brought Inside?

      A    Yes, when they were forced to be brought inside that's what got my attraction.

ATTY. GICA:
      Q    The attraction actually was caused by the sound of the hitting?

      A    No, when they forced them inside the car, you know, the 2 girls wore shouting and were fighting Rowan.
That's what attracted me.

      Q    Let's clarify this point. What attracted you was the position of the 2 sisters or something coming from
the mouth of Rowen Adlawan?

PROS. GALANIDA:
          Misleading.

ATTY. HERMOSISIMA:
          This Is already misleading.

ATTY. GICA:
          I'm clarifying, Your Honor.

PAGE 51
COURT:
          No, he testified that he looked at the back of the car when the girls were brought inside the car. That is what made him looked at them. Let us not made him - let us not assumed otherwise for it will be misleading.

ATTY. GICA:
          Yes, Your Honor. 
      Q    Now, Mr. Rusia, what I'm asking you is, right before or immediately before, immediately preceding the hitting of the 2 sisters by Rowen Adlawan, what attracted you to turn your back to them?

PROS. DUYONGCO:
          Already answered, shouting and screaming.

ATTY. SAORNIDO:
          Already answered, Your Honor.

COURT:
          When the girls were brought inside the car, that was what attracted him.

ATTY. GICA:
      Q    Do you want to impress therefore if that in your answer that when the girls were brought inside the car, that was the thing that attracted you to look at them right after they have been placed at the back, pushed at the back, grabbed from outside, Rowen Adlawan, hit them?

COURT:
      Q    No, that's a multiple question. What attracted you. Ask him - was that attracted you when the girls were brought inside the car?

ATTY. GICA:
          We will adopt.

COURT:
          Answer that question first. Was that attracted you when the girls were brought inside the car?

      A    Yes, Your Honor.

COURT:
          Answered. Next question.

ATTY. GICA:
      Q    Did you say anything about it?

PAGE 52
PROS. DUYONGCO:
          Already answered, Your Honor.

COURT:
          Did you what?

ATTY. GICA:
          Did you say anything about it -

ATTY. HERMOSISIMA:
          To whom?

ATTY. GICA:
          To your companions?

COURT:
      Q    Alright, That is not being asked yet. Did you say anything to your companions when the girls were brought inside the car?

      A    No, Your Honor.

ATTY. GICA:
      Q    Did you not find it important to say something to them?

COURT:
          Answer the question.

      A    Will you repeat the question?

      Q    Did you not find it important to tell them something about what they are doing?

COURT:
          Did you say something about what they were doing?

      A    I was shocked.

      Q    Because you were shocked, did you not do anything?

PROS.  GALANIDA:
          Misleading, he was shocked . . .

ATTY. GICA:
          About what they were doing at that time because you were shocked?

ATTY. HERMOSISIMA:
          May we request counsel to stay farther, Your Honor?

PAGE 53
COURT:
          That is not misleading. He is asking - did you do anything because you were shocked.

PROS. GALANIDA:
          But he was shocked . . .

ATTY. GICA:
          As a consequence, Paņera. (My fellow lawyer.)

COURT:
          That is a reasonable question.

PROS. GALANIDA:
          Okay, we submit,

COURT:
          Witness may answer.

      A    Like I said I was shocked.

ATTY. GICA:
      Q    You were shocked. That feeling of yours did hot prod you to do something about what they were doing?

      A    At that moment, no.

      Q    I see. You mean to say that you have seen friends doing that to other girls before?

ATTY. SAORNIDO:
          Your Honor, please, may I request, Your Honor, that counsel may be advised . . .

COURT:
          Stay some distance from the witness.

ATTY. GICA:
      Q    Okay. Do you want to impress the Honorable . . .

COURT:
          Natatakot sila kasi maskulado ka, e. (They are afraid because you are a muscled man, so.)

ATTY. GICA:
          Hindi naman. (No, not true.) I'll just . . .

COURT:
          Because of your formidable presence.

(NOTE: For the benefit of our foreign readers, blue wordings is our translation from Tagalog (Philippine language) to English ...the webmaster). 

PAGE 54
ATTY GICA:
      Q    Do you want to impress the Honorable Court that you were not actually surprised that's why you did not do anything about it because you are used to seeing those thIngs before?

PROS. DUYONGCO:
          No basis, Your Honor.

ATTY. GICA:
          I am on cross-examinations Your Honor.

COURT:
          Witness may answer.

      A    No, I'm not used to seeing it.

      Q    Inasmuch as that was really unusual to you as you perceived it in that manner at that time, why did you not do something about it?

COURT:
          No.

ATTY. SAORNIDO:
          Argumentative, Your Honor.

COURT:
          Iba na naman ang question mo - binabago mo. (You again have a different question - you keep on changing) 

ATTY. GICA:
          Okay, Your Honor.

COURT:
          Why, are you used to that? Did you use such things before? Kung yon ang question mo, (If that is your question,) he may answer that.

PROS. GALANIDA:
          Already answered, no.

ATTY. HERMOSISIMA:
          No, I am not used to that.

COURT:
      Q    Did you not Mr. Rusia tell this Court on direct-examination that you used to - what?

PROS. DUYONGCO:
          Jump on people.

(NOTE: For the benefit of our foreign readers, blue wordings is our translation from Tagalog (Philippine language) to English ...the webmaster). 

PAGE 55
COURT:
      Q    Jump on people, you used to manhandle people with your friends. So, you did in fact do such things before?

      A    Not with girls inside the car.

ATTY. GICA:
      Q    Was there anything uttered by any one of the Chiong sisters after they were hit or after accused Rowen Adlawan hit them in the manner that you described to the Honorable Court?

COURT:
          Answer the question.

ATTY. GICA:
          That's a very simple question and you are a very intelligent witness.

      A    No

      Q    So, there was none?

      A    No.

      Q    So, after Ayala Center, you proceeded up to Fuente Osmeņa. Was It that way?

      A    Yes, sir.

      Q    And all the time that the red car was following the white car In which the Chiong sisters were in at that time. Was It not?

      A    No.

      Q    What do you meant, no? You mean to say that other than or before Fuente Osmeņa, there was some other place that you went to?

      A    No.

      Q    You mean to say that from Ayala Center the red car did not follow you up to Fuente Osmeņa?

      A    Well, when . . .

ATTY. GICA:
          That's a very simple question.

PROS. DUYONGCO:
          No he's answering, Your Honor.

PROS. GALANIDA:
          Give him time to answer.

PAGE 56
ATTY. GICA:
      Q    You mean to say that the red car did not follow you when you went up to Fuente Osmeņa?

ATTY. SAORNIDO:
          The witness Is answering.

ATTY. TELERON:
          Your Honor, please . . .

COURT:
          Let him consider it muna. (first.) Let him recall.

ATTY. TELERON:
          Can the prosecution refrain from having a chorus objection, Your Honor? It won't make them a formidable team if they make a chorused objection.

COURT:
          No. Let him recall. Did the red car follow you up to Fuente Osmeņa?

      Q    When we got to Fuente Osmeņa I did not notice the red car.

COURT:
          There was no longer any red car?

ATTY. HERMOSISIMA:
          I did not notice.

COURT:
          He did not notice the red car in Fuente Osmeņa. Alright, that is his answer.

ATTY. GICA:
      Q    There was never any hitting again by Rowan Adlawan from Ayala Center to Fuente Osmeņa, was there, on the Chlong sisters? Not anymore?

      A    No,, not anymore.

COURT:
      Q    Were they taped already, their mouths were taped?

      A    Just their mouths.

      Q    Were they handcuffed?

(NOTE: For the benefit of our foreign readers, blue wordings is our translation from Tagalog (Philippine language) to English ...the webmaster). 

PAGE 57
      A    Yes, Your Honor, they, were handcuffed,

ATTY. GICA:
      Q     Before their mouths . . .

COURT:
          Probably that's the reason why they were not hit anymore. Naka-tape na pala. (They were taped already.)

ATTY. GICA:
          May I continue, Your Honor.

COURT:
          Naka-tape na yong bunganga. (The mouth was taped already.)

ATTY. GICA:
          May I continue, Your Honor.

COURT:
          Why will you hit them? If you want to hit them. Alright.

ATTY. GICA:
      Q    Is it not Mr. Rusia that before the taping of the  mouths of the Chiong sisters, there never was any word uttered by them after they were hit by Rowen Adlawan. Was there?

      A    They passed out.

      Q    And even . . .

COURT:
          Besides, their mouths were taped. How can they say any word?

ATTY. GICA:
          Before the taping, Your Honor.
      Q    You want to impress to the Honorable Court that the tapes on the mouths of the victims Chiong sisters, were taped when they were unconscious?

COURT:
          Were they unconscious when the tapes were placed on their mouths?

      A    When I looked back they were unconscious:

COURT:
      Q    So, your answer is yes?

(NOTE: For the benefit of our foreign readers, blue wordings is our translation from Tagalog (Philippine language) to English ...the webmaster). 

PAGE 58
      A    Yes.

COURT:
          The answer is yes.

ATTY. GICA:
      Q    You were the one who actually reached out for the tape, passed It on to Rowen Adlawan. Was It not?

      A    Yes, I was.

      Q    When you passed it on to Rowen Adlawan, you saw the Chiong sisters fainted already unconscious at the back seat. Was It not?

      A    Yes, sir.

      Q    As a matter of fact, you also saw very clearly that each arm of the Chiong sisters was bound with a handcuff, one handcuff. Was it not?

      A    Yes, sir.

      Q    And one Chiong sister, I will ask you later on who was it and the other sister, was on the left side and right side of the car. In other words, Rowan Adlawan as you described to the Court was in the middle?

      A    Yes, sir.

      Q    So that, the handcuff bound hands or arms of the 2 girls actually obstructed the free movement of Rowan Adlawan in his front?

      A    NO, sir.

      Q    Why do you say that?

COURT:
          Will you explain that? How come you said he was seated between the girls when their hands were handcuffed together. Will you explain how would that happen or how It had happened?

      A    Okay, Because when Rowen told me to get the tape and I reached for it and I turned around I saw Rowan
Adlawan positioned like this. He was already handcuffing this other girl.

      Q    So, In other words . . .

PROS. GALANIDA:
          Excuse me. May we request the Interpreter to describe the position of the witness while testifying because It to not yet on record.

COURT:
          Describe it first.

PAGE 59
COURT INTERPRETER:
          (Witness is moving towards the left)

COURT: 
      Q    So, where were the handcuffed hands of the victims situated, where were they, at the back of Adlawan or in front of him?

      A     At the back of Adlawan.

COURT:
          At the back of Adlawan. That Is his explanation.

ATTY. GICA:
      Q    Now, when you passed on the tape to Rowan Adlawan, he already handcuffed the hands of the 2 sisters. That was what you were saying to the Court. Was It not?

      A    He was handcuffing.

      Q    He was handcuffing. In other words, when you passed on the tape, he was in the act of applying the handcuffs to the arms of the sisters. Is that It?

      A    One girl.

COURT:
      Q    How is that?

      A    The other sister.

      Q    What was he in the act of that he possibly did?

      A    He was already, you know handcuffing  the other girl.

      Q    He was already handcuffing the other girl with the other one, di ba? (wasn't he?)

      A    Yes.

      Q    In other words, he was handcuffing the 2 hands together or what?

      A    No. just one hand.

      Q    Just one of the girls. He was already placing the handcuff Into the one hand of the girls?

      A    Yes.

COURT:
          Alright, proceed.

ATTY. GICA:
      Q    So, you were saying therefore that even at the time when the handcuffs were applied, the Chiong sisters passed out already?

(NOTE: For the benefit of our foreign readers, blue wordings is our translation from Tagalog (Philippine language) to English ...the webmaster). 

PAGE 60
      A    Yes, sir.

COURT:
          What was his answer?

ATTY. GICA:
          Yes, they passed out already.

COURT:
          Alright, you are allowed 3 more questions.

ATTY. GICA:
          It's still . . .

COURT:
          No, 15 minutes had already lapsed. 3 more.

ATTY. GICA:
      Q    Mr. Rusia, when you passed on the tape to Rowan Adlawan, did you already know that that was to be applied to the mouths of the Chiong sisters?

PROS. DUYONGCO:
          Witness would be incompetent.

ATTY. GICA:
          No, did he already know. He can testify on that.

PROSECUTOR GALANIDA:
          How could he know?

ATTY. GICA:
          I'm not asking him to say and state of condonation.

COURT:
          Overruled.

ATTY. GICA:
          Thank you, Your Honor.

COURT:
          Did you know that would be placed on the mouths of the Chiong sisters?

ATTY. GICA.
          Will be used for the mouths of the Chiong sisters.

PAGE 61
COURT:
          Yes. Did you know?

      A    No.

ATTY. GICA:
      Q    Now, when it was actually used by Rowen Adlawan, did you not find it important to tell Rowen Adlawan do not use it anymore because they already passed out?

COURT:
          Answer the question.

      A    No.

COURT:
          To tell him what; not to?

ATTY. GICA:
          Not to apply anymore the tape because they already passed out.

COURT:
          Alright, answer.

      A    No.

COURT:
          Cross-examination time is up unless your colleagues want to waive in your favor their cross-examination time.

ATTY. GICA:
          I cannot, Your Honor. That's their prerogative.

COURT:
          Well, if they went to. I will allow you to continue for another half hour if Atty. de la Cerna or Atty. Paylado would waive in your favor. I have no objection  to that. It's up to them. But the point is, we have to allow them to cross-examine also for half an hour. You see, to me, after Atty. Armovit cross-examined for 2 hours and 20 minutes and after we have already afforded cross-examination time this afternoon or this afternoon's session, that to me is a reasonable and adequate opportunity for your clients to exercise their right to cross-examine this witness against them.

ATTY. GICA:
      Your Honor, please, . . .

PAGE 62
COURT:
          That is too long. As long as you have given the accused reasonable, adequate opportunity to cross-examine that is sufficient compliance with the constitutional requirement that they be allowed to confront the witness each of them, in other words to cross-examine. So. 2 1/2 hours for Atty, Armovit. Now we are giving you 3 more hours, that would be a total of 5 1/2 hours. To me, that is more then reasonable and adequate. Alright.

ATTY. GICA:
          The testimony on direct was so lengthy, Your Honor, that we have to cover also the matters taken up in the direct.

COURT:
          Well, it is my opinion that prevails in this courtroom. If you want to question it, go to the Supreme Court or the Court of Appeals.

ATTY. GICA:
          Yes, Your Honor.

COURT:
          Alright, is that understood?

COURT:
          Yes, Paņero. (my fellow lawyer.)

ATTY. TELERON:
          While the Honorable Court has declared that Atty. Armovit has finished his cross-examination, we would like to formally take exception to it, Your Honor.

COURT:
          Yes, that is part of the record,

ATTY. TELERON:
          Yes, Your Honor.

COURT:
          Alright, next cross-examiner.

ATTY. PAYLADO:
          May it please, Your Honor.

COURT:
          Proceed.

(NOTE: For the benefit of our foreign readers, blue wordings is our translation from Tagalog (Philippine language) to English ...the webmaster). 

PAGE 63
ATTY. PAYLADO:
          Your Honor, please, before I start with my cross-examination, I would like to manifest for the record that I am adopting the cross-examination made by Atty. Armovit, Atty. Gonzales, and Atty. Gica.

COURT:
          You are starting at 3:20, Paņero. (my fellow lawyer.)

PROS. GALANIDA.
          Excuse me. May I be allowed to say something, Your Honor.

COURT:
          3:20.

PROS. GALANIDA:
          I remembered, Your Honor, in the last hearing when Atty. Armovit was cross-examining this witness, Atty. Paylado waived half of his time. It was already on record. He was the one who said, I am willing to waive half of my time to Atty. Armovit.

ATTY. PAYLADO:
          No, Your Honor, I did not waive. I said it when Mrs. Chiong was cross-examined . . .

COURT:
          Alright, let us see if we have enough time. It is only 3:2O.

PROS. GALANIDA: 
          Mrs. Chiong? I'm sorry.

COURT:
          And there are only 2 of them left. So, we have only 1 hour more.

ATTY. PAYLADO:
          May I start, Your Honor, my cross,

COURT:
          So you have one-half hour to conduct your cross.

                                                                      CROSS-EXAMINATION BY
                                                                     ATTY. LORENZO PAYLADO

      Q    Mr. Rusia, did I get you right when you said last August 12 that you first met the brothers James Anthony Uy and James Andrew Uy about 3 months before July 16, 1997?

(NOTE: For the benefit of our foreign readers, blue wordings is our translation from Tagalog (Philippine language) to English ...the webmaster). 

PAGE 64
      A    Yes.

COURT:
          You can even come closer, Paņero. (my fellow lawyer.) You can come closer to the middle of the table for convenience,

ATTY. PAYLADO:
      Q    Do you agree with me that when you first met the brothers Uy. it was actually a certain Mark Castillo who made the introduction?

      A    I couldn't recall.

      Q    Did I get you right that between 2:OO o'clock in the afternoon to past 10:OO o'clock in the evening of July 16, 1997 while you were made to stay put by Rowen Adlawan, you met Mark Castillo?

      A    Yes, sir.

      Q    And Mark Castillo was with a certain Mr. Pritchard?

      A    Yes, sir.

      Q    These Mark Castillo and Mr. Pritchard are close friends of the brothers Uy, the accused in this case?

      A    Yes, sir.

      Q    In fact, you are not really a friend of the Uy brothers?

      A    We are friends.

      Q    When you say you are friends, you consider it a friend because you sometimes saw each other?

      A    Not sometimes.

      Q    How often if that's the case?

      A    A lot of times.

      Q    When you said last August 12 that while you were still at Ayala Center, you already he consumed 1 stick of marijuana?

ATTY. HERMOSISIMA:
          Misleading, Your Honor. August 12. Is it August 12? Did I hear you correctly?

COURT:
          October 16.

ATTY. PAYLADO:
          When he testified here, August 12.

(NOTE: For the benefit of our foreign readers, blue wordings is our translation from Tagalog (Philippine language) to English ...the webmaster). 

PAGE  65
PROS. GALANIDA:
          No, that was not. 13 - during the cross, so that's misleading and during the direct.

ATTY. HERMOSISIMA:
          The question Is quite vague, Your Honor.

ATTY. PAYLADO:
          I will reform myself, Your Honor.
      Q    Did I got you right that you testified that while you were still at Ayala Center, you already have consumed 1 stick of marijuana?

      A    Yes, Sir.


      Q    And did I got you right that while you were already at Tan-awan, Carcar, you have consumed about 4 more sticks of marijuana?

COURT:
          He - personally you mean?

ATTY. HERMOSISIMA:
          Misleading, Your Honor.

COURT:
          Did he testify that he consumed?

ATTIC. PAYLADO:
          Yes.

COURT:
          Well, ask him first.

ATTY. PAYLADO:

That*s why, I said . . .

COURT:
      Q    Did you testify that you consumed 4 sticks of marijuana personally afterwards?

      A     No.

COURT:
          No. Hindi naman pala. (did not though.) He did not testify to that effect.

ATTY. PAYLADO:
      Q    But you did say that while at Tan-awan you and your group had smoke marijuana?

(NOTE: For the benefit of our foreign readers, blue wordings is our translation from Tagalog (Philippine language) to English ...the webmaster). 

PAGE 66
      A    Yes, sir.

      Q    And about 5 sticks were consumed?

      A    No, all 12.

      Q    All 12 were consumed?

      A    Yes, sir.

COURT:
          You mean all the remaining 12 that you had?

      A    Remaining 12.

ATTY PAYLADO:
      Q    Now, you said that before July 16, 1997 you were already smoking marijuana. Did I get you right?

      A    No, sir.

      Q    Do you insist to that answer?

      A    You said before July 16?

      Q    Yes. Do you insist to that answer?

      A    Which was July 15. No, I did not smoke marijuana.

      Q    Not July 15. Before July 16?

COURT:
          Of last year?

ATTY. PAYLADO:
          1997.

COURT:
      Q    Were you already smoking marijuana before July 16 of last year?

      A    Yes, I was.

ATTY. PAYLADO:
      Q    In fact, you said - did I get you right when you said It was already about 3 months before July 16, 1997 that
you were already smoking marijuana?

COURT:
          Is that correct or not?

      A    Yes.

ATTY. PAYLADO:
      Q    When you smoked marijuana at Ayala Center, where at Ayala did you smoke that marijuana?

PAGE 67
      A    I did not smoke marijuana that stick In Ayala but I smoked it before I went to Ayala.

      Q    You mean before 2:00 o'clock in the afternoon of July 16, 1997?

      A    Yes, before 2:00 o'clock.

      Q    When you say that there was a red car that had followed the white car that you boarded when you were picked up at Ayala, can you please tell as If you can recall what was the plate number of that red car?

PROS. GALANIDA:
          Misleading. The word picked up - that was not the word he used. He was fetched.

COURT:
          He was fetched.

ATTY. PAYLADO:
          Alright, I will use the word fetched.

PROS. GALANIDA:
          As used by him not me.

ATTY. PAYLADO:
          You are correcting me. I am adapting it.

COURT:
          No. Are you saying he was fetched by the red car?

ATTY. PAYLADO:
          No, by the white-car.

COURT:
          By the white car.

ATTY. PAYLADO:
          That's why, I'm asking him if he can tell us the plate number of that red car.

COURT:
          Of the white car.

ATTY. PAYLADO:
          The red car, Your Honor.

COURT:
          No, but you are asking him about the white car.

PAGE 68
ATTY. PAYLADO:
          No, the red car. The red car was following that white car.

COURT:
          Alright, you preceded with that. You said that the red car was following you when you were fetched by the white car. Do you know the plate number of that red car?

ATTY. PAYLADO:
          I adopt the question of the Honorable Court.

      A    No, sir.

ATTY. PAYLADO:
      Q    How about that white car, do you know what is the plate number?

      A    No, I couldn't recall.

      Q    Was that white car tinted?

ATTY, SAORNIDO:
          Vague, Your Honor. Was that car -

ATTY. PAYLADO:
          White car tinted.

COURT:
          Well, all cars are painted, Paņero. (my fellow lawyer.)

ATTY. PAYLADO:
          Tinted, Your Honor, the glass.

COURT:
          Tinted were the windows and the windshields tinted. You know, tinted with some shades.

      A    Yes, it was.

      Q    You said that from Ayala you turned around that white car ran along Archbishop Reyes and from Archbishop Reyes it turned left to Escario St.. Did I get you right?

      A    Yes, sir.

      Q    Okay. And when that white car turned left to Escario St., did it not find difficult to turn left considering that there could be other oncoming vehicles running from opposite direction?

(NOTE: For the benefit of our foreign readers, blue wordings is our translation from Tagalog (Philippine language) to English ...the webmaster). 

PAGE 69
PROS. DUYONGCO:
          Witness will be incompetent because he was not the driver.

ATTY. PAYLADO:
          No, but he was at the driver's seat.

 PROS. DUYONGCO:
          Yes, but he was not driving, Your Honor. 

ATTY. PAYLADO:
          He was looking in front, Your Honor. 

PROS. DUYONGCO: 
          He cannot tell. 

ATTY. PAYLADO: 
         
He can tell us. 

COURT:
          What was the question? Will you read the question? 

COURT INTERPRETER:
      Q    And when that white car turned left to Escario St., did It not find difficult to turn left considering that there could be other oncoming vehicles running from opposite directlon.

COURT:
          Yes, he can answer that. He was beside the driver. Answer the question.

      A    I did not see any oncoming cars.

ATTY. PAYLADO:
          I would like to manifest for the record, Your Honor, that that corner cannot be turned left from Archbishop Reyes.

PROS. DUYONGCO:
          No basis, Your Honor. There Is no such . . .

ATTY. PAYLADO:
          I'm just making a manifestation. I will prove It later on.

PROS. GALANIDA:
          That's why we are making a counter-manifestation.

PROS. DUYONGCO:
          That was my counter-manifestation. No basis.

ATTY. PAYLADO:
      Q    And now, Mr. Rusia . . .

PAGE 70
COURT:
          That does not necessarily mean that they cannot because they might have violated the traffic rules. That was what happened. Alright.

ATTY. PAYLADO:
      Q    Now, when you said from Fuente Osmeņa you proceeded to Guadalupe to what could be as you said the safe house of Josman Aznar. My question is, can you give us the correct address of that house at Guadalupe?

      A    I couldn't recall.

      Q    Is it not that when you were investigated by members of the CIG, you accompanied them to that house at Guadalupe?

      A    I know the corner but I do not know what's the name of the street.

      Q    In fact, you will agree with me that that was not the first time that you have gone to that house on that July 16, 1997?

      A    Yes, sir.

COURT:
      Q    No. What do you mean was that the first time that you went there or did you go there previously?

      A    That was not the first time,

ATTY. PAYLADO:
          That was not the first time,

COURT:
Previously? Make it clear because you promised your question - do you agree with me and we do not know what answer he means whether he agrees with you or he agrees with your question.

ATTY. PAYLADO:
          There was an answer. That was not the first time, Your Honor.

COURT:
      Q    No, let us hear about it. Was it the first time that you went there to that place on July 16 at night time?

      A    No, Your Honor, that was not the first time.

COURT:
          That was not the first time. Alright.

PAGE 71
ATTY. PAYLADO:
      Q    In fact, you have gone to that house no less than 5 times prior to July 16, 1997?

      A    Yes, I am.

      Q    In fact, you knew beforehand who are residing in that house?

      A    Yes, I do.

      Q    In fact, you will agree with me that one of the occupaats or the residents of that house were the Bustillo sisters?

      A    Yes, they are.

      Q    You will also agree with me that before July 16, 1997 you have slept in that house? 

      A    Yes, sir.

      Q    And not only for once?

      A    About twice.

      Q    You were able to do that because . . .

COURT:
      Q    Slept at night time?

      A    Night time.

ATTY. PAYLADO:
      Q    You were able to do that because you have the permission of the Bustillo sisters?

COURT:
          What is the answer, yes?

      A    Yes, sir.

      Q    In fact, there were actually 5 occupants in that house the Tizon, the Bustillo and the Priagola?

PROS. GALANIDA:
          What is that family name?

ATTY. PAYLADO:
          Family name.

      A    I know there were 5 but I only know the Bustillo, only their last name. I don't know the other girls' last name.

PAGE 72
COURT:
          He knows only the Bustillo's. 

ATTY. PAYLADO:
      Q    But you will agree that there were 5 occupants?

      A    Yes, Sir.

      Q    And in that night of July 16, 1997 when you said you and your group had arrived in that house at Guadalupe, the occupants were already inside that house these 5 girls?

      A    No, sir.

COURT:
      Q    Were they all girls, these 5 occupants of that house?

      A Yes, they were all girls.

COURT:
          They were all girls. Alright. Answer the question now of counsel.

ATTY. PAYLADO:
          Already answered.

COURT:
          Yes?

PROS. DUYUNGC0:
          No.

ATTY. PAYLADO:
      Q    But when your group arrived, there were some occupants already inside that house?

COURT:
      Q    There were some occupants inside the house at that time when you arrived?

      A    No, there wasn't.

      Q    No one?

      A    No one.

COURT:
          No one was inside when they arrived.

PAGE 73
      Q    Now, a while ago, you have said that when you were at Fuente Osmeņa you did not know or you did not notice where the red car was but you have made a statement that when you arrived at Guadalupe, at that house In Guadalupe, the other members of the group were already in that house. Did I get you right?

      A    No, the red car followed as when we got there,

COURT:
      Q    Ah, they followed you. So they were not yet Inside the house?

      A    That's when the red car followed us.

ATTY. PAYLADO:
      Q    Did I got you right - by the way, when you say that together with you outside the 2 rooms, was MM Uy?

      A    Yes, sir, he was outside.

      Q    You were talking to each other?

      A    Yes, sir.

COURT:
          Well, outside - what do you mean, outside the living room?

ATTY. PAYLADO:
          Outside the 2 rooms, Your Honor.

COURT:
          Yes, in the living room. Alright.

ATTY. PAYLADO:
      Q    Now, you said that - when you were asked why did you not try to escape when you already realized that something wrong was happening, you said that you were afraid of Josman Aznar. Did I got you right?

      A    Yes, sir.

      Q    Was that same fear also present when you  disembarked yourself in the early morning of July 17, 1997?

PROS. GALANIDA:
          Excuse me. Fear? Was that the same . . .

ATTY. PAYLADO:
          Fear.

PAGE 74
COURT:
          Will you make It clear? Were you still afraid of Aznar then when you disembarked on July 17?

      A    Actually, I wasn't thinking of anything at that time anymore.

ATTY. PAYLADO:
      Q    What?

      A    I was not thinking of anything at that time anymore when I got out from the van.

ATTY. TELERON:
          Your Honor, please, may we request that counsel speaks louder? He In eating, Your Honor.

ATTY. PAYLADO:
          The witness.

ATTY. TELERON:
          Witness - and the witness Is eating candy, Your Honor.

PROS. GALANIDA:
          Because he Is hungry.

COURT:
          Can you spit out that candy so you can speak loader?

      A    I'm sorry, Your Honor.

ATTY. PAYLADO:
          The prosecution says, Your Honor, that witness is hungry. We are giving him time.

COURT:
          The girls especially want to hear you - what you have to say.

ATTY. PAYLADO:
          I think the prosecution has something to say, Your Honor.

PROS. GALANIDA:
          The witness is hungry precisely he Is having candy in his mouth, That Is why we would have wanted a recess earlier.

COURT:
          Well, he can take that later when he Is not being examined.

PAGE 75
ATTY. GICA:
          Even us lawyers cannot eat inside the courtroom, Your Honor. We are officers of the Court.

COURT:
          Never mind. Let us not waste time. Go ahead.

ATTY. PAYLADO:
      Q    Okay. It was raining hard In that evening of July 16, 1997. Do you agree with me?

      A    When I went out, it wasn't raining hard anymore.

      Q    Not anymore?

COURT:
          But it was raining?

      A    But it was raining.

COURT:
          Not hard according to him but raining.

ATTY. PAYLADO:
      Q    It was that same degree of rain when the Chiong sisters as you said were grabbed by Rowen Adlawan and Josman Aznar when they were near the waiting shed?

ATTY. HERMOSISIMA:
          Your Honor, the question Is quite vague.

COURT:
          Was it also raining when the girls were grabbed?

ATTY. PAYLADO:
          Yes, that's my question.

COURT:
          And was it raining hard?

ATTY. HERMOSISIMA:
          At what time?

ATTY. PAYLADO:
          When they were grabbed . . .

COURT:
      Q    When they were grabbed at the waiting shed. Was it raining when the girls were grabbed?

PAGE 76
      A    I couldn't recall your Honor, because my attention was already with the girls when they were . . .

COURT:
          Okay, he cannot recall.

ATTY. PAYLADO:
      Q    But considering that there was a waiting shed, when that was done, there were other people around?

      A    There were no other people around except the 2 girls.

      Q    Are you sure . . .

COURT:
          In the waiting shed you mean?

ATTY. PAYLADO:
          No, they were not In the waiting shed, Your Honor.

COURT:
      Q    No. what about in the waiting shed, were there other people?

      A    In the waiting shed, no,

      Q    Only the 2 girls were in the waiting shed?

      A    Yes, Your Honor.

ATTY. PAYLADO:
      Q    Despite the fact that the waiting shed was empty the 2 girls were still outside the waiting shed?

ATTY. HERMOSISIMA:
          Misleading,

ATTY. PAYLADO:
      Q    Despite the fact that it was raining at that time as you admitted a while ago?

ATTY. HERMOSISIMA:
          Misleading.

COURT:
          No, he did not say they were outside. They were in fact Inside di ba? (Weren't they?) I remember that was what he said. They were Inside. 

ATTY. HERMOSISIMA:
          Partly Inside. That was what he said.

(NOTE: For the benefit of our foreign readers, blue wordings is our translation from Tagalog (Philippine language) to English ...the webmaster). 

PAGE 77
COURT:
          So let us not assume that they were outside.

ATTY. PAYLADO:
      Q    BY the way, that house at Guadalupe was actually an apartment. Do you agree with me?

      A    Actually, no.

      Q    But you managed to enter that house because you were the one who was bringing the key?

      A    No, sir.

      Q    Then who opened that house; who opened the door of that house?

      A    I did not see who opened the door.

      Q    No. I'm questioning you because you said you and your group have gone inside the house. Who opened the door of that house?

      A    I did not see who opened the door.

COURT:
          He did not see. What can we do that is what he said. Maybe he saw but he did not want to say so. E, anong magagawa natin? (So, what can we do?) Let us not force him to say something that he doesn't want to say. E, anong magagawa natin? (So, what can we do?) Probably he saw - he doesn't want to say. What can we do?

ATTY. PAYLADO:
      Q    At Tan-awan, when the group arrived at Tan-awan, it was still raining?

      A    I couldn't recall if it was raining.

      Q    You cannot recall. Yet to some other degree of details you can recall? Please be honest . . .

ATTY. HERMOSISIMA:
          Argumentative.

ATTY. PAYLADO:
          No, I'm not yet through. Please be honest to us.

COURT:
          That is arguing with the witness. He said he cannot recall. and then you say but the other details you can recall. You arguing with him.

(NOTE: For the benefit of our foreign readers, blue wordings is our translation from Tagalog (Philippine language) to English ...the webmaster). 

PAGE 78
ATTY. PAYLADO:
          I'm just making it of record, Your Honor, because it seems that the memory is favored to some aspect. 

COURT:
          We have to sustain the objection that the question Is argumentative. Alright, it is part of the record I'm not striking it out.

ATTY. PAYLADO:
      Q    Is It not a fact that you have executed a second affidavit denying that rape was not committed at the Guadalupe house?

      A    No. sir.

      Q    You mean aside from that affidavit attached to the records of this case to support the Motion to Discharge, no other affidavit was executed by you?

      A     No, I couldn't recall.

ATTY. TELERON:
          May I manifest, Your Honor, that everytime he answers on that affidavit, he looks at the prosecution team.

COURT:
          How's that?

ATTY. TELERON:
          He's looking at - the witness is always looking for probably answers from the prosecution team.

PROS. GALANIDA:
          No, that is not . . .

ATTY. HERMOSISIMA:
          No. that Is not correct, Your Honor.

ATTY. TELERON:
          That is my observation, Your Honor.

ATTY. HERMOSISIMA:
          My view Is even blocked by the Interpreter.

COURT:
          You are imputing something to them which they are denying. 

PAGE 79
ATTY. TELERON:
          No. We are observing the witness, Your Honor, very keenly.

COURT:
          It's already on record. You are imputing something to them.

ATTY. TELERON:
          We just want it to be on record.

COURT:
          They are trying to guide the witness. Alright. So, your word against them.

ATTY. TELERON:
          Yes, Your Honor.

PROS. GALANIDA:
          May we put it on record also, Your Honor, that . . .

ATTY. PAYLADO:
          Please, do not . . .

PROS. GALANIDA:
          Excuse me. I am allowed to make a manifestation.

ATTY. PAYLADO:
          But my time is shortened by your statement.

PROS. GALANIDA:
          Just 1 second. May I put it on record, Your Honor, that the witness will look at Atty. Paylado, everytime he is asked a cross-examination question.

COURT:
          Alright, proceed.

PROS. GALANIDA:
          Thank you for your 1 second,

ATTY. PAYLADO:
      Q    Let's go back to Tan-awan. Along what side of the road was that van parked?

      A    It was parked near the cliff.

      Q    And you said your group was outside the van. Did I get you right?

PAGE 80
      A    Yes, sir.

      Q    Where at the side of the van did your group stay?

COURT:
          Did he say that they stayed at the side of the van?

ATTY. PAYLADO:
          No. I'm asking . . .

COURT:
          Did he say - no, because when you said where, you assumed that they stayed at the side of the van.
Where at the side of the van did you stay. Go ahead. You ask him first - Did you stay at the side of the van?

      A    No, we did not stay.

COURT:
          Hindi pala, - Kita mo na minislead yong question mo. (No, they did not, - See your question mislead him.)

ATTY. PAYLADO:
      Q    From where the van was on that night of July 16,1997, where was your group situated in relation to your van?

COURT:
          When; what time when you asked Jacqueline to dance where you were seated around in circle, ganoon ba? (was it that way?)  Is that what you mean?

ATTY. PAYLADO:
          No, before . . .

COURT:
          You have to specify the time. 

ATTY. PAYLADO:
          Before they asked Jacqueline to dance, Your Honor, they were already outside the van.

COURT:
          Yes, at what time are you referring to.

ATTY. HERMOSISIMA:
          The question should be made more specific, Your Honor, whether they were there for several hours.

ATTY. PAYLADO:
      Q    When you arrived at Tan-awan, did I get you right that you said that immediately thereafter your group alighted from the van?

(NOTE: For the benefit of our foreign readers, blue wordings is our translation from Tagalog (Philippine language) to English ...the webmaster). 

PAGE 81
      A    Yes, we did.

      Q    Where did you go?

      A    We ate, you know, we were by the van and ate and drank.

      Q    So by the van. By that, you mean it was at the side of the van?

      A    In front of the van.

      Q    And when you said you alighted from the van, did you exit yourself at the back of the van?

      A    Yes, sir.

      Q    And after you and your group have alighted, never was there a time that you went inside the van while you were at Tan-awan?

      A    When we got out, the 2 of them in my testimony, took turns, you know, Paco and Rowen, got Inside the van
and like I said In my testimony that's when you know, Paco went in . . .

ATTY. PAYLADO:
          Make it loader please so that my Compaņeros (My fellow lawyers) can hear. Louder please.

      A    That's when Paco went in then after that Rowen went in, you know, that's when we were going back inside
the van.

      Q    By the way, did I get you right when you said after you alighted In that early morning of July 17, 1997
near the Ayala Center, Lahug, you went directly to the house of Pritchard?

      A    Yes, I did.

      Q    Is this the same Pritchard which you met in the evening of July 16, 1997?

      A    Yes, he is the same.

      Q    Did I get you right that you said you are residing at the house of your auntie at Labangon, Cebu?

      A    That was when I was arrested.

ATTY. PAYLADO:
          Just answer the question. You mean . . .

COURT:
      Q    That was when you were arrested. You mean on July 16, you were not residing there?

(NOTE: For the benefit of our foreign readers, blue wordings is our translation from Tagalog (Philippine language) to English ...the webmaster). 

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      A    No, your Honor.

      Q    Where were you residing on July 16?

      A    Sometimes with Jay Misa, then Joseph PrItchard and sometimes with Rowan.

COURT:
          He was transferring from one residence to another.

ATTY. PAYLADO:
      Q    In that case, therefore, you have no permanent aadress or residence?

      A    At that time, no.

COURT:
      Q    On or around July 16. By that time - on or about July 16, 1997?

      A    About July 16.

ATTY. PAYLADO:
      Q    Will you please tell us why you have to do this - you have not established a permanent residence . . .

ATTY. SAORNIDO:
          Objection, Your Honor . . .
  
ATTY. PAYLADO:
          Can you please tell us why? He can reason out.

PROS. GALANIDA:
          We have an objection.

ATTY. SAORNIDO:
          We object, Your Honor. Immaterial.

COURT:
          Why Is It Immaterial? What's wrong If he answers why? Why were you not staying in one permanent residence? It's alright. What's wrong with that?

ATTY. SAORNIDO:
          We submit, Your Honor.

      Q    You see, Your Honor, before I met Rowan Adlawan which was 5 months before July 16, 1997, I was residing In Labangon in my auntie's house and my cousin, he lost a pair of jeans which he blamed me that I took It

PAGE 84
and then I told him, no, I did not take it and so the argument went on. My auntie said that if I don't tell her where the jeans are then you have to leave so that's when I said, well, fine, I'll leave.

COURT:
          Alright, 3 more questions.

      Q    From thence on, you were already transferring residence. Is that it?

      A    From that time when I left my auntie, yes.

      Q    Few days before you were arrested, will you agree with me that you have met Wangwang Uy?

      A    Yes, sir.

      Q    In fact, in that meeting, you were told by Wangwang Uy that the authorities were looking for you?

      A    No, sir.

COURT:
          Cross-examination time to up. Next cross-examiner.

ATTY. PAYLADO:
          Your Honor, please, I will make the same manifestation as the other counsels have made.

COURT:
          Alright.

ATTY. DE LA CERNA:
          With the kind permission of this Honorable Court.

COURT:
          Proceed.

ATTY. DE LA CERNA:
          For the record, Your Honor, the accused Balansag, Adlawan, and Caņo, are adopting the cross-examination of Atty. Armovit, Atty. Teleron, Atty. Gica,  Atty, Gonzales and Atty. Paylado.

ATTY. TELERON:
          This representation has not conducted any cross-examination, Your Honor.

ATTY. DE LA CERNA:
          I stand corrected, Your Honor.

PAGE 84
                                                                             CROSS-EXAMINATION BY
                                                                        ATTY. ALFONSO DE LA CERNA


      Q    Mr. Rusia, you said you are a goldsmith helper. Am I correct?

      A    Yes, sir, I was.

      Q    Whereat?

      A    Downtown Colon.

     Q    In what particular part of Colon?

      A    By Shakey's Colon, sir.

      Q    By Shakey's Colon, at the sidewalk of Colon?

      A    Yes, sir.

      Q    Who is the owner?

      A    I don't know his last name but I know him as Darwin.

      Q    How long have you been a helper of that Darwin?

      A    Not very long.

      Q    How many months; how many years?

      A    About a month.

      Q    What were your duties then as a goldsmith helper?

      A    I just sit there and if there's a customer like they tell me to make their jewelry brand new then I will do that for them.

      Q    Is it not a fact that if you are a goldsmith helper, you help in the gold plating of jewelry. Is that correct?

      A    Yes, that's gold plating.

      Q    You also help in the gold plating. Correct?

      A    Yes, that is correct.

      Q    Now, by helping in gold plating, you will be touching some jewelry immerse In pure acid. Correct?

      A    I do not know if the chemical is pure acid.

      Q    But you were using acid. Correct?

PROS. GALANIDA:
          Already answered.

ATTY. DE LA CERNA:
      Q    Now, it would seem Mr. Rusia that your hands do not indicate that you have touched something immersed in acid. Do you agree with me?

PAGE 85
PROS. GALANIDA:
          Argumentative, Your Honor.

ATTY. SAORNIDO:
          And besides, no basis, Your Honor.

COURT:
          Well, he has been detained for how many months has he been detained?

ATTY. HERMOSISIMA:
          Since May 8.

COURT:
          How can his hands show acid when he has not been working since May?

ATTY. DE LA CERNA:
          As I have observed, Your Honor, when somebody has been gold planting or silver plating jewelries, your hands will be affected by the acid.

COURT:
          For all you know he might have been using gloves. You have to lay down the basis first.

WITNESS:
          Your Honor, may I request for counsel to approach because I can't already hear him,

COURT:
          Wait for the question.

PROS. GALANIDA:
          He cannot hear, Your Honor.

ATTY. TELERON:
          We cannot also hear the witness, Your Honor.

COURT INTERPRETER:
          He cannot hear so he Is requesting for the counsel to go a little bit . . .

COURT:
          Will you come closer so he can bear you better. You want to come closer, Atty. de La Cerna, so that he can hear you better.

PAGE 86
ATTY. DE LA CERNA:
          Yes, Your Honor.

COURT:
          And you don't have to shout.

ATTY. TELERON:
          Your Honor, please, our clients remain shackled to each other but again witness is eating candy again. He has not been following the orders of the Court, Your Honor, please.

COURT:
          You discharge - wala na. (no more.)

WITNESS:
          No more. I'm sorry.

COURT:
          But I want to remind you that he has a dual status. He's not only an accused but a prosecution witness. See? And it is a policy of the state to encourage prosecution witnesses in heinous crimes cases. What is that - is there an act yong (the) state witness, ano? (what?) What is that? Yong (the) Witness Protection . . .

ATTY. GICA:
          Protection Program. Yes, Your Honor, but . . .

COURT:
          If I understand correctly, the purpose of that law is precisely to encourage prosecution witnesses in heinous crimes . . .

ATTY. GICA:
          But ...          

COURT:
          Let me finish. Now, they are given allowance, they are given housing, they are given different identity and a job after they testified. Because the policy of the law of the state is to encourage eyewitnesses In heinous crimes. Now, this person is not only an accused. He is also a witness for the state and for the people. Therefore, we do not want to discourage him from being a witness and treat him like the other accused because he is testifying for the people. Alright, sit down, Gentlemen. I have already explained.

(NOTE: For the benefit of our foreign readers, blue wordings is our translation from Tagalog (Philippine language) to English ...the webmaster). 

PAGE 87
ATTY. GICA:
          Your Honor, please, we would like to make it of record, that - with due respect, Your Honor, we don't agree with the observation of the Court that the witness is already a state witness, as a matter of fact . . .

COURT:
          No, I did not say that . . .

ATTY. GICA:
          And he is covered under the Witness Protection Program.

COURT:
          He is a witness for the prosecution.

ATTY. GICA:
          Yes, that's right.

COURT:
          He is testifying for the state, for the people. Hindi ba (Isn't he) for the people ito (he is.) - People versus - for who is he testifying?

ATTY. GICA;
          Precisely, Your Honor, but he should not be covered yet under the Witness Protection Program. In other words, the privilege should come in only after he is covered already under that program but he . . .

COURT:
          Did he apply for Witness Protection?

PROS. DUYONGCO:
          No, Your Honor.

ATTY. GICA:
          He did not. Not yet.

COURT:
          Not yet. So, he is already testifying that makes him a witness for the State, for the people and the policy of the law as I said is to encourage not to discourage these witnesses for the state, for the people.

ATTY. GICA.
          If he is already embraced under the law.

(NOTE: For the benefit of our foreign readers, blue wordings is our translation from Tagalog (Philippine language) to English ...the webmaster). 

PAGE 88
COURT:
          No. regardless. He is in fact already testifying in favor - I mean for the people. So, the policy of the government of the State is to encourage that fact of testifying in heinous crime and that is why the was was adopted for the protection of these eyewitnesses.

ATTY. GICA;
          That is after his . . .

COURT:
          If you do not agree with me, I'm not asking you to agree with me. Sit down. We will proceed with the trial. I'm only explaining why he is treated that way.

ATTY. GICA:
          We just would like to make it of record, Your Honor, that the witness is not yet embraced under the Witness Protection Program.

COURT:
          Alright. I have issued an Order that he be placed in the custody of the CIG because he in a witness for the prosecution. By that mere Order, he is already treated differently than your clients because he is placed in the custody of the CIG. I'm telling you it's the policy of the State to encourage such witnesses and not to discourage them as you would want me to. I want to follow the policy of the law and not your suggestion. Alright.

ATTY. TELERON:
          Are we therefore made to understand, Your Honor, that he can be subjected to special treatment and that he can eat inside the courtroom if he is to be treated differently from our clients?

COURT:
          Why, how do you prohibit a person from eating? That is a natural act, Paņero, (my fellow lawyer,) but not inside the courtroom. Of course not. I told him to spit it out. Why are you not eating? Ano bang masama roon? (What is wrong with that?) Hindi ba kayo kunakain? (Don't you also eat?) Kahit kayo nga. (Even you too.) I will give him water - do you object also for drinking water? We're all human.

ATTY. TELERON:
          No, Your Honor. In fact, we lawyers, as officers of the Court, are even prohibited from eating inside the courtroom.

(NOTE: For the benefit of our foreign readers, blue wordings is our translation from Tagalog (Philippine language) to English ...the webmaster). 

PAGE 89
COURT:
          Alright. What do you mean by special treatment? Special treatment - he is already being given special treatment by putting him in the custody of the CIG. Because if I said the policy of the law Is to encourage witnesses for the people, for the state. Now, proceed with your cross. Paņero. (my fellow lawyer) I will give you an extra 5 minutes for the interruption.

ATTY. DE LA CERNA:
          You admitted Mr. Rusia that you are a marijuana user 3 months before July 16, 1997. Am I Correct?

      A    Yes, sir.

      Q    Now, aside from using marijuana, did you use other prohibited drugs?

      A    Yes, sir.

      Q    What kind of prohibited drugs?

      A    Shabu.

      Q    Now, when did you start using shabu?

      A    About the time when I lived with Rowen.

      Q    Do I get from you that you were living together with Rowan Adlawan?

      A    Yes, about 4 months.

      Q    Where at?

COURT:
      Q    What was 1 month prior to the snatching?

ATTY. HERMOSISIMA:
          4 months, Your donor,

      A    About 4 months before July 16.

COURT:
      Q    4 months prior to the snatching, you were living with Rowen?

      A    You, I started living with him.

      Q    But not as you said occasionally according to you you were transferring from . . .

      A    Yes, sometimes I go to Joseph Pritchard's house.

      Q    So, it was not a permanent residence of yours with Rowen?

(NOTE: For the benefit of our foreign readers, blue wordings is our translation from Tagalog (Philippine language) to English ...the webmaster). 

PAGE 90
      A    No, your Honor.

COURT:
          Proceed.

ATTY. DE LA CERNA:
      Q    While you were In the United States, you were using other prohibited drugs?

      A    Apirin.

      Q    That will make you high?

      A     No, sir.

PROS. GALANIDA:
          No basis.

COURT:
          No, but Aspirin is not a prohibited drugs.

ATTY. DE LA CERNA:
          Already answered. Your Honor.

COURT:
          Kaya nga. (That's why.) But it is not a prohibited drug. That is not responsive to your question. All he says Aspirin. That does not answer your question.

ATTY> DE LA CERNA:
          I just rode on his answer.

COURT:
          In effect, he answered no because he said Aspirin.

ATTY. DE LA CERNA:
      Q    Aside from Aspirin, what I'm asking you is whether you were using drugs while you were in the United
States, prohibited drugs?

COURT:
          Prohibited by law.

ATTY. DE LA CERNA:
          By law, yes.

COURT:
      Q    Were you using prohibited drugs In the United States?

(NOTE: For the benefit of our foreign readers, blue wordings is our translation from Tagalog (Philippine language) to English ...the webmaster). 

PAGE 91
      A    Yes, sir.

      Q    What kind of drugs, Mr. Rusia? Prohibited drugs?

      A    That was a marijuana placed in a cigar.

COURT:
      Q    Placed In a cigarette. While you were in your l0th year of schooling or when was that? 10th year, 9th year or 8th year, what? When were you made to use marijuana In the States?

      A    About '93 when I went back to the US.

      Q    '93 when you went back to the States?

      A    Yes, Your Honor.

      Q    '93. Previous to that, did you use marijuana previous to '93?

      A    When I was, you know, that's when - I smoked again when me and Rowan were together.

      Q    No. I was asking you in the States?

      A    In the States, no.

      Q    No? only in '93?

      A    No, not In '93 which I answered.

      Q    When?

      A    About when - I said I couldn't recall when the exact year it was because I was there from '93 to '96.

      Q    So, you used marijuana in what year, 4 years?

      A    No, but I remember smoking about '95.

COURT:
          Go ahead.

ATTY. DE LA CERNA:
      Q    Can you recall having testified that you became a user of marijuana 3 months before July 1997?

      A    Yes, sir.

      Q    In other words, that statement of yours was incorrect because while you were in the United States you were
already using marijuana?

      A    But I was not a user.

COURT:
      Q    You mean irregular user?

PAGE 92
      A    Yes, Your Honor.

DE LA CERNA:
      Q    If you use prohibited drugs . . .

COURT:
      Q    Regular user but you use occasionally. Is that what you want to say?

      A    Yes, because my friend called you know a joke.

COURT:
          Alright. occasionally not regularly. That Is what he means.

ATTY. DE LA CERNA:
      Q    Now, while you were In the United States and according to you you were using occasionally marijuana. How many times In 1 day?

      A    In 1 day?

      Q    Yes, how many times In 1 day?

COURT:
          Why don't you ask him - how often did you smoke?

ATTY. DE LA CERNA:
          In 1 day?

COURT:
          No. You're misleading the witness. Why do you confine it to 1 day?

PROS. GALANIDA:
          Already answered, Your Honor.

COURT:
          Ask him - How often? Bahala na slyang magsabl. (It's up to him what to say.)

ATTY. DE LA CERNA:
          Okay, I submit.

COURT:
          How often.

ATTY. DE LA CERNA:
          I am adopting the question of the court.

(NOTE: For the benefit of our foreign readers, blue wordings is our translation from Tagalog (Philippine language) to English ...the webmaster). 

PAGE 93
      A    Only when my friends, you know, we get together and play jokes.

COURT:
      Q    How often was that when you say once a month, once a week or everyday? How often?

      A    About once a week.

ATTY. DE LA CERNA:
      Q    So that, this goes on for how many weeks?

      A    It depends. If they play a joke on me then I'm the one who gets it. If they play a joke on the other guy then he gets It.

      Q    Now, I am just curious, Mr. Rusia, when you mentioned that you are a member of Satanas Religious Brotherhood. Will you please tell this Honorable Court being a member what were its aims and purpose of that brotherhood?

COURT:
          Aims, purpose, and activities.

ATTY. DE LA CERNA:
          And activities.

      A    As I said before, I was an ex-member but I wasn't really Initiated to be a member. My other friend, which was Mark, he was a member. I hang around with him so when I hang around with him, they considered me a member.

ATTY. DE LA CERNA:
          It's not responsive, Your Honor.

COURT:
      Q    Well, you are not answering the question. What were its objectives and activities, this Satanas Religious organization?

      A    I don't know.

      Q    And what were its beliefs, if you can explain?

      A    Could you repeat the question, Your Honor?

      Q    What were its beliefs, objectives and activities, thls Satanas club?

      A    The same, it's Roman Catholic.

      Q    You mean they believe In Satanas?

      A    No, they do not believe in Satanas.

PAGE 94
      Q    Roman Catholic Religious organization. They do not believe in the devil?

      A    No, Your Honor.

      Q    Then why is it named Satanas?

      A    It's just a name, Your Honor.

COURT:
          Proceed, Paņero. (My fellow lawyer) I don't want to take out your time.

ATTY. DE LA CERNA:
      Q    And do you know what is the meaning of Satanas?

      A    Yes, sir.

      Q    What Is Satanas?

      A    Devil.

      Q    Now, you also testified before this Honorable Court that you have attempted twice to kill yourself. Correct?

      A    Yes, sir.

      Q    In those Instances, were you taking prohibited drugs?

      A    No, sir.

      Q    You are sure of that?

      A    Yes, I am sure.

      Q    Now, on the night of April 16, 1997, you said you were at the South Bus Terminal together with . . .

PROS. GALANIDA:
          Misleading.

ATTY. DE LA CERNA:
      Q    Of July 16, 1997 in the evening. From Guadalupe you went to South Bus Terminal. Correct?

      A    Yes, sir.

      Q    Can you tell this Honorable Court what was your purpose in going there at the Cebu South Bus terminal?

      A    As we proceeded from Guadalupe then that time I did not know what was the purpose.

      Q    You do not know the purpose, And from Cebu South Bus Terminal, where did you go?

      A    We headed towards South.

(NOTE: For the benefit of our foreign readers, blue wordings is our translation from Tagalog (Philippine language) to English ...the webmaster). 

PAGE 95
      Q    And who were with you allegedly?

      A    The group.

      Q    The group?

      A    Yes, sir. (Witness pointing to the accused)

      Q    What were you riding then?

      A    The van and the white car,

      Q    Now, who secured that alleged white van?

      A    Rowen Adlawan.

      Q    Did you see Rowan Adlawan negotiating with the owner of that alleged white van?

      A    Yes, sir.

      Q    With whom?

COURT:
          Was it the owner or the driver of the van?

ATTY. DE LA CERNA:
          I do not know. I am . . .

COURT:
          I understand the owner was not there. He is your client. Precisely your client in asking for the return of that van because It was not the one.

ATTY. DE LA CERNA:
          That's true.

COURT:
          If so, why are you saying now the owner?

ATTY. DE LA CERNA:
          I am only asking, Your Honor.

ATTY. HERMOSISIMA:
          That would be misleading, Your Honor.

COURT:
          You know that the owner was not there because precisely you're trying to reclaim the van because he did not allow the van to be rented.

PAGE 96
ATTY. DE LA CERNA:
          I want to find out from this witness, Your Honor, whether there was an owner of that alleged van.

COURT:
          How would he know that the person who agreed to rent the van was the owner? You know . . .

ATTY. DE LA CERNA:
          Precisely, I was . . .

COURT:
          But you know he was not the owner. How will this person if that was the owner but you know better? Di ba? (Don't you?) That he was not the owner.

ATTY. DE LA CERNA:
      Q    Now, inside the alleged white van, how many were you?

      A    9.

      Q    Where were you seated?

      A    At the back.

      Q    Together with?

      A    Paco, Josman, the 2 girls, Wangwang, MM and Rowen.

      Q    And at the front?

      A    The driver and the conductor.

      Q    Only 2 were at the front seat. Correct?

      A    Yes, sir.

      Q    And at that tIme, you cannot see clearly the face of the conductor. Correct?

      A    At that time. Yes.

      Q    And likewise, at that time, you cannot see clearly the face of the driver. Correct7

      A    At that times, yes.

COURT:
      Q    At that time Inside the van. Is that correct?

      A    Yes, Your Honor.

ATTY. DE LA CERNA:
      Q    Now, when you reached according to you at Awayan, Carcar, you bought local wine and viand. Correct?

(NOTE: For the benefit of our foreign readers, blue wordings is our translation from Tagalog (Philippine language) to English ...the webmaster). 

PAGE 97
PROS. GALANIDA:
          Misleading.

ATTY. HERMOSISIMA:
          Misleading, Your Honor.

ATTY. DE LA CERNA:
      Q    What did he buy?

ATTY. HERMOSISIMA:
          It was not he, who bought . . .

COURT:
          It was not he - and they did not buy viand but barbecue if I remember correctly.

ATTY. DE LA CERNA:
      Q   What were you doing there at Awayan, Carcar, Cebu?

      A    Rowen Adlawan was trying to buy barbecue.

      Q    Aside from barbecue?

      A    And wine.

COURT:
          That is not wine. Because I understand they bought Tanduay Rum.

ATTY. DE LA CERNA:
          But the wit -

COURT:
          Tanduay Rum is not wine.

ATTY. TELERON:
      Q    Your Honor, please, we object to that comment, Your Honor, He never testified on the kind of drink that they had.

COURT:
          Is that so? I remembered he said . . .

ATTY, TELERON:
          No, Your Honor.

ATTY. DE LA CERNA:
          There was no brand.

PAGE 98
ATTY. TELERON:
          I would like to make it of record, Your Honor . . .

COURT:
          Strike It out. I made a mistake. I thought he said that they bought Tanduay. Maybe I read that somewhere - I don't know. So, cross it out. Strike It out. I acknowledged my mistake. Strike It out.

ATTY. DE LA CERNA:
      Q    When you were there at Tan-awan, immediately arriving thereat, you started eating and drinking local-wine, Am I correct?

      A    Yes, sir.

      Q    You also drank that local wine. Correct?

      A    Yes, sir.

      Q    And you did not bother to ask your companions what kind of local wine was that, the brand?

      A    No,  sir.

      Q    In that vicinity at Tan-awan, that place was very dark. Am I correct?

      A    Not that dark where you cannot see each other.

      Q    If not dark that you cannot see each other, there must be some light in that place. Correct?

      A    At that time I did not notice if there was some light.

      Q    You did not notice that there was some light?

      A    No, sir.    

      Q    At that particular time and place, it was raining. Correct? It was still raining in that place at Tan-wan at that time?

ATTY. SAORNIDO:
          We would like to object, Your Honor, because it is vague.

COURT:
          No, you state the ground.

ATTY. SAORNIDO:
          It's vague. He did not specify . . .

COURT:
          No, no. Why don't you reform your question to avoid his objection?

PAGE 99
ATTY. DE LA CERNA:
      Q    I will just ask - when you reached Tan-awan, was It raining or not?

      A    There was probably drizzle. Just drizzling.

      Q    And despite that there was drizzle, you stayed outside the alleged white van. Correct?

      A    Yes, we were outside the van.

ATTY. HERMOSISIMA:
          Your Honor, counsel is blocking my view.

ATTY. DE LA CERNA:
          And the others will complain that . . .

COURT:
          Stay a little . . .

ATTY. HERMOSISIMA:
          That would be better,

ATTY. GICA:
          Your Honor, please, actually, we requested Atty. de la Cerna to stay in between the witness and the Prosecutors panel because we have observed, Your Honor, that there are some apparent signals coming from the Prosecutors . . .  Every time the witness Is being asked a question, Your Honor, the witness would look . . .

PROS, GALANIDA:
          That is a very unkind accusation, Your Honor.

COURT:
          Let us avoid this accusation . . .

ATTY. GICA:
          It's the truth.

PROS. GALANIDA:
          No. It is a very unkind accusation - what signals are you talking about?

COURTS:
          Against our follow members of the profession.

ATTY. GICA:
          We have observed that many times, Your Honor.

PAGE 100
COURT:
          Tama na yan. (That's enough.) Let us avoid this ...

PROS. GALANIDA:
          It's a mlsobservation on your part. They are I imagining things that we are making signals when we are not,

COURT:
          Let us avoid antagonizing each other. We are all lawyers and we have to observe this compaņerlsmo. (camaraderie.)

 /to Atty. do la Carna:
          Do not block.

ATTY. DE LA CERNA:
      Q    And you were outside the alleged white van. Correct?

      A    Yes, sir.

      Q    Now, despite the fact that it was drizzling and you were outside the van, you kept on drinking and eating. Correct?

      A    Not just drinking and eating,

      Q    And also smoking marijuana. Correct?

      A    Yes, that correct.

      Q    And the marijuana you were smoking were not drenched by the drizzle. Correct?

      A      Yes, that Is correct. They were not.

      Q    Now, aside from this alleged raps, you have not seen anyone of the accused or actually saw one of the accused raped any of these sisters. Correct?

COURT:
          Your question is, he did not actually see any of the accused raped any of the 2 victims?

ATTY. DE LA CERNA:
          Yes.

COURT:
      Q    Did you actually see the raping by any of the accused?

      A    No, Your Honor.

COURT:
          He did not see the raping, actual raping.

(NOTE: For the benefit of our foreign readers, blue wordings is our translation from Tagalog (Philippine language) to English ...the webmaster). 

PAGE 101
ATTY, DE LA CERNA:
      Q    Now, to consider that it was very dark and drizzling, you said that you allegedly saw Marijoy being held by Adlawan and Balansag. Am I Correct?

ATTY. HERMOSISIMA:
          Misleading, Your Honor. Very dark. According to the witness there was some light.

ATTY. GICA:
          There was never a statement to that effect that there some light.

COURT:
          Because if it was so very dark he could not have seen them, di ba? (wouldn't he have seen them?)

ATTY. TELERON:
          Your Honor, please . . .

COURT:
          But the fact is he saw them. There was light for him to see them. That is what I mean.

ATTY. GICA:
          There was never a statement that there was some light. Never.

COURT:
          No. but he said he saw them, He saw them.

ATTY. DE LA CERNA:
          The witness testified a while back, Your Honor, and said that he did not notice whether there was some light.

PROS. GALANIDA:
          But he mentioned, Your Honor, It was not so dark that you cannot see each other. That means . . .

COURT:
          Teka muna, teka muna. (Wait a while, wait a while.)  His testimony in that he saw Balansag and Adlawan holding the girl, Marijoy, with her arms around their shoulders and they took her to the cliff. Now, that remains undenied. So, what Is your question now, do you want him to what, recant that or what or to explain that.

(NOTE: For the benefit of our foreign readers, blue wordings is our translation from Tagalog (Philippine language) to English ...the webmaster). 

PAGE 102
ATTY. DE LA CERNA:
          I would like to . . .

COURT:
          Because he said he saw them. Whether there was a little light or another light, the fact Is he said he saw them. So, they must have been visible to him.

ATTY. DE LA CERNA:
          Even without light?

PROS. GALANIDA:
          He did not say there was no light.

ATTY. HERMOSISIMA:
          He did not say that.

COURT:
          He did not say there was no light. We have to assume there was light because he saw them so we have to assume that there was light enough.

ATTY. DE LA CERNA:
      Q    Now, if there was some light, what was the source of that light?

COURT:
      Q    If there was light, what was the source of the light? Alright. What was the source of the light that you
saw Balansag and Adlawan carrying Marijoy to the cliff?

      A    Parking light.

      Q    Parking lights of your van land the red car?

      A    No, the red car was not there.

      Q    The red car was not there, alright. parking lights of the van. They were on, the parking lights?

      A    Yes, they were on.

ATTY. DE LA CERNA:
      Q    In relation to the . . .

COURT:
      Q    Was there moonlight; was there a moon?

      A    No, Your Honor.

PAGE 103
      Q    Was there starlight?

ATTY. DE LA CERNA:
          It was drizzling.

COURT:
      Q    There were stars or not? No, I'm asking him. He can answer yes or no. Was there starlight; were there stars at that time?

      A    I did not notice, Your Honor.

COURT:
      He cannot remember. Alright, proceed.

ATTY. DE LA CERNA:
      Q    Now, in relation to the place where you said you allegedly saw Rowen Adlawan and Balansag holding Marijoy, in relation to that place, where was the van, what is the location of that van In relation to that place where you said you saw Marijoy being held by Balansag and Adlawan?

COURT:
          Being dropped into the cliff.

ATTY. DE LA CERNA:
      Q    Yes. In relation, was it in front where the alleged white van was facing them or . . .

COURT:
          Maybe, you should ask - how far was the van from the cliff where Marijoy was dropped?

ATTY. DE LA CERNA:
          Thank you, Your Honor. I am adopting the question, of the Honorable Court.

COURT:
      Q    How far was the van from the cliff where Marijoy was dropped?

      A    It was near the cllff.

      Q    Indicate in this Court if that is the cliff, where was the van? Will you print to the spot where was the van parked?

      A    If that was the cliff, Your Honor?

      Q    Yes, where was the van parked? From where you are seated is the cliff, where was the van parked; how far from you?

PAGE 104
      A    It was about where the lawyer is standing, your Honor.

      Q    Where Atty. de la Cerna is standing. A distance of about how many?

COURT INTERPRETER:
          Witness indicating a distance of 3 to 4 meters)

COURT:
          3 to 4 meters. Do You agree? 3 to 4 meters?

ATTY. TELERON:
          4 meters.

COURT:
          Alright, agreed by the defense and the prosecution. 3 to 4 meters.
 /to Atty. de la Cerna:
          You have 3 last questions.

ATTY. DE LA CERNA:
          3 last . . .

COURT:
          Yes, because your time is up.

ATTY. DE LA CERNA:
      Q    When you disembarked from the vehicle at Ayala, you said that Jacqueline was there. Correct?

      A    Yes, she was inside the van.

      Q    Now, were you able to meet again Rowan Adlawan?

PROS. GALANIDA:
          Vaque.

ATTy. DE LA CERNA:
      Q    After that disembarking from Ayala on July 17 early morning?

      A    Yes, I did.

      Q    When?

      A    About . . .

COURT:
      Q    How many days after?

      A    About 5 or 6 days after.

PAGE 105
COURT:
          5 or 6 days after July 17.

ATTY. DE LA CERNA:
      Q    Did you not endeavor to ask Rowen where did they allegedly bring Jacqueline?

      A    I did not have a chance.

COURT:
          Last question.

ATTY. DE LA CERNA:
          May I - 3, Your Honor?

COURT:
          Denied. Are you waiving your last question?

ATTY. DE LA CERNA:
          I will, your Honor.
      Q    Despite the alleged happening and then you disembarked from Ayala, did it not find you very important to report the matter to any authorities or police?

      A    At that time, no because I was also Involved. I was scared. If I report it then I would go straight to jail right away.

COURT:
          In fact, he said he went into hiding in Bohol, di ba? (didn't he?) He went to escape. He went into hiding. How can you expect him to report to the police? Alright, termination of the cross-examination.

ATTY. DE LA CERNA:
          One more question, Your Honor.

COURT:
          Denied.

ATTY. GICA:
          Your Honor, please, we have not actually covered some important matters on the testimony of Mr. Rusia . . .

COURT:
          Well, the time given - allotted to you which the Court considered reasonable and adequate has been consumed. He was cross-examined for 2 hours and 20 minutes by Atty. Armovit and now you have consumed 2 hours and a half in cross-examining him. The other defense counsels which amounts to how many hours?

(NOTE: For the benefit of our foreign readers, blue wordings is our translation from Tagalog (Philippine language) to English ...the webmaster). 

PAGE 106
          4 hours and 30 minutes.

COURT:
          4 hours and 50 minutes. Alright. Which the Court considers reasonable and adequate opportunity for the counsel to cross-examine the witness. Therefore, I will now issue the Order. This witness is hereby excused.

ATTY. HERMOSISIMA:
          May I have some manifestation, Your Honor?

COURT:
          You have . . .

ATTY. HERMOSISIMA:
          May I be allowed, your Honor, please.

COURT:
          Yes. Would you want to conduct re-direct examination?

ATTY. HERMOSISIMA:
          No, Your Honor. On the contrary, the prosecution believes that there was nothing worthy that was that was taken up during the cross so the prosecution In waiving re-direct examination.

COURT:
          Alright. So we will now excuse this witness and declare this testimony was terminated or ended.

ATTY. GICA:
          Your Honor . . .

COURT:
          Sit down. You are . . .

ATTY. GICA:
          We are not because supposedly, Your Honor . . .

COURT:
          No, you put it in writing your objection. Alright.

ATTY. GICA:
          Your Honor, please . . .

PAGE 107
COURT:
          I'm terminating his testimony right now.

ATTY. GICA:
          I remember very well that this Honorable Court said that we will consume the whole - up to 5:00 o'clock this afternoon to cross-examine . . .

COURT:
          No, we gave you half an hour each. That Is enough. Alright.

ATTY. GICA:
          We have not even covered 10% of our . . .

COURT:
          Well, you can go to the Supreme Court or the Court of Appeals. Why are you insisting here when I have an order In writing already? You attach it to your petition for Certiorari to the Court of Appeals. Si (This) Judge Ocampo will not give us enough time. Alright, go ahead. Don't insist here because I said I have already decided to terminate this cross-examination today. Alright.

ATTY. SAORNIDO:
          May I request that my client, Your Honor, be excused.

COURT:
          The witness Is now excused and his testimony is hereby terminated although he is not discharged as an accused. Alright, I will now Issue the Order . . . ( See the records)

PROS. DUYONGCO:
          We prefer, Your Honor, that Mrs. Chiong would testify again subject to the further cross-examination.

COURT:
          No, no. We want the eyewitness first baka may mangyarl na naman doon (maybe something might happen again) to the eyewitnesses. The Court wants to hear the eyewitnesses first although not of the whole incident but the cross-examination of Mrs. Chiong is deferred until after the eyewitnesses if any, have finished, Alright, on Monday at the same time.

PROS. DUYONGCO:
          Yes, Your Honor.

COURT:
          Is there anything you wish to add in that Order, Do you wish me to add your objections?

(NOTE: For the benefit of our foreign readers, blue wordings is our translation from Tagalog (Philippine language) to English ...the webmaster). 

PAGE 108
ATTY. GICA:
          Yes. We feel, your Honor, because if the testimony of Mrs. Chiong will not be subjected to the cross-examination by the defense then we will move to strike it out.

COURT:
          No. We are just deferring her cross-examination because we give way to the eyewitnesses, if any, but Mrs. Chiong will be cross-examined,  if not, we will strike out her testimony if she will not be subjected to . . .

ATTY. GICA:
          But we want to cross-examine Mrs. Chiong.

COURT:
          Yes, we we will give you that chance.

ATTY. GICA:
          So, this Monday . . .

COURT:
          But there Is - di ba ikaw na rin ang nagsabI -  (you yourself said - )  we have to present the eyewitnesses first.

ATTY. GICA:
          Eyewitnesses, yes, Your Honor.

COURT:
          So we will present them on Monday but Mrs. Chiong will be cross-examined . . .

ATTY. GICA:
          But when will be the cross-examination of Mrs. Chiong?

COURT:
          After the eyewitnesses have testified. Wala namang mawawala doon. (Nothing will be lost there.) If something happens to Mrs. Chiong and she is re-cross examined we will strike out her testimony. Ano ba ang gusto mo? (What else do you want?)


ATTY. GICA:
          Ang inaano namin, (What we are thinking)  Your Honor, yong (the) chance and opportunity for the prosecution to rehearse their witnesses after the . . .

PROS. GALANIDA:
          We need not rehearse.

(NOTE: For the benefit of our foreign readers, blue wordings is our translation from Tagalog (Philippine language) to English ...the webmaster). 

PAGE 109
COURT:
          To rehearse?

ATTY. GICA:
          Your Honor, there Is always that protection, as practicing lawyers, Your Honor . . .

COURT:
         Kallangang mare-rehearse ang witnesses. (Do witnesses have to rehearse.) We know that as regular practice. Don't you rehearse your witnesses?

ATTY. GICA:
          Well, it's closed in quotation marks, Your Honor. 

COURT:
          The time will come for you to present your witnesses. 

ATTY. GICA: 
          We'll do that.

COURT:
          Ilagay mo riyan. (Put it there.) ORDER (See the Records)

COURT:
         Do you wish anything more to add to this Order? Session Adjourned.

 

                                                                         CERTIFICATION

         I hereby certify that the foregoing is a true and correct transcript of stenographic notes taken In the above-entitled cases with specified date, time and place appearing therein, to the best of my knowledge, hearing and ability.

                                                                                                                        Signed: ALICIA L. FORMENTERA
                                                                                                                                                   Stenographer

NOTE:   THE ABOVE TEXT IS THE FAITHFUL REPRODUCTION OF THE ORIGINAL
        DOCUMENT REFORMATTED FOR  CLEARER APPRECIATION.              

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