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 CBU-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

                                                                 OF THE STENOGRAPHIC NOTES
                                                                 TAKEN DURING THE HEARING
                                                                 OF THE ABOVE ENTITLED CASE
                                                                 BEFORE HONORABLE MARTIN A. 
                                                                 OCAMPO, PRESIDING JUDGE,
                                                                 REGIONAL TRIAL COURT, 
                                                                 BRANCH 7, CEBU CITY, ON
                                                                 SEPTEMBER 7, 1998, AT
                                                                 2:10 P.M. 

ASSISTED BY:
                                                                  ATTY. LILIA K. AUGUSTO   - CLERK OF COURT

                                                                  MS. LUCILA C. BAJARIAS   - COURT INTERPRETER

                                                                  MS. LORNA W. GONZALES - COURT STENOGRAPHER 

PAGE 2

                                                                                        A P P E A R A N C E S


                                                   PROSECUTOR PRIMO C. MIRO              - STATE PROSECUTOR

                                                   PROSECUTOR TERESITA GALANIDA   - STATE PROSECUTOR

                                                   PROSECUTOR RAMON J. DUYONGCO  - STATE PROSECUTOR

                                                   PROSECUTOR CESAR ESTRERA           - STATE PROSECUTOR

                                                   PROSECUTOR LEONARDO CARREON  - STATE PROSECUTOR                                                   

                                                   ATTY. HONORATO HERMOSISIMA          - PRIVATE PROSECUTOR

                                                   ATTY. JOSHUA DACUMOS                        - PRIVATE PROSECUTOR

                                                   ATTY. HILARIO DAVIDE III                        - PRIVATE PROSECUTOR

                                                                            * * * * * * * * * * * * * * * * * * * * *  * 
                                                   ATTY. FERDINAND SAORNIDO                  - DEFENSE COUNSEL FOR
                                                                                                                               DAVIDSON VALIENTE
                                                                                                                               RUSIA

                                                   ATTY. ANACLETO DEBALUCOS                 - DEFENSE COUNSEL FOR
                                                                                                                                ALL OF THE ACCUSED
                                                                                                                                (PAO LAWYER)

                                                   ATTY. VENUSTIANO YPIL                             - DEFENSE COUNSEL FOR 
                                                                                                                                 ALL OF THE ACCUSED
                                                                                                                                 (PAO LAWYER)
 

                                                                               * * * * * * * * * * * * * * * * * * * * *  *

TIME STARTED: 2:10 P.M.

COURT:
         
Call the case.

INTERPRETER:
          Criminal Case No. 45303 AND CEBU-45304, People of the Philippines, plaintiff, versus, Francisco Juan Larraņaga alias Paco, Josman Aznar, Rowen Adlawan alias Wesley, Alberto Caņo alias Pahak, Ariel Balansag, Davidson Valiente Rusia alias David Florido, alias Tisoy Tagalog, James Anthony Uy and James Andrew Uy, accused, For Kidnapping and Serious Illegal Detention. 

PAGE 3
COURT:
          There is a Motion to Strike out filed by accused Larraņaga to strike out the testimony of the last witness, Shiela Singson, but we cannot or the Court cannot grant this Motion because, if we do so, we would in effect be suspending the trial of these cases while the accused are still looking for new lawyers. They asked for 3 weeks, we granted them 3 weeks to hire new lawyers, but we said that the prosecution has to continue with the presentation, and, although the accused may have 3 weeks within which to cross-examine the prosecution witnesses. That is very advantageous for the defense. They have 3 weeks to study the transcripts, they can Investigate the prosecution witnesses and see if they are telling the truth or not. What else do you want? You have 3 weeks to study and to conduct your cross-examination on these prosecution witnesses including Rusia. 

          But If you will ask for extension of these proceedings and the trial, hindi naman puede (that cannot be done) because we would be violating the Supreme Court Administrative Order which says that these cases shall undergo
mandatory continuous trial which must be terminated within 60 days. Isa pa yong . . . . (One more thing the . . . .) Motion which I found dilatory shall constitute direct contempt and punish accordingly. Kaya nga pinabillango natin ang mga abogado (that's why we jailed the lawyers) because they filed dilatory motions to suspend the proceedings, tapos bigla na lang silang nagwala (then they suddenly went wild) and they said we are withdrawing, we are walking out. So, they suspend in effect the proceedings for 8 days, di ba? (Isn't it so?) Ngayon itutuloy natin, paano to? (And now we will continue, how is this?) Are we going to grant this Motion? In effect, we are saying that the trial is suspended while the accused are looking for new lawyers, hindi naman puede yon. (that cannot be done.)  We have to go ahead, at least with the direct testimonies lang (only) of the prosecution witness, reserving for the accused the right to cross-examine. If you will stand, hindi naman importante yong (it is not important the) cross-examination. Now, we have this Memorandum from the prosecution which supports the stand of this Court that we should go ahead with the trial, at least with the direct testimony of the prosecution witnesses, submitted by Atty. Hermosisima. 

ATTY. HONORATO  HERMOSISIMA:  
          Yes, Your Honor. 

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

PAGE 4
         
But you forgot something, I think, you forgot something, You did not mention that these Court of Appeals Justices in that Habeas Corpus case in Manila, told me that I have the prerogative to proceed with the trial of this Chiong Kidnap cases anytime. Sabi pa nila, (They even said,) if the accused have no lawyers, then you appoint, counsels-de oficio, the representatives from the media can attest to that, I was instructed by the Court of Appeals Justices themselves in that Habeas Corpus case filed by the former defense lawyers, oh papano, (So, what now,) The Court of Appeals may suspend the Contempt cases but so far as these Chiong Kidnap cases is concern, ang sabi nila, (what they said,) you have the prerogative, gusto mo bukas din, (you want right away tomorrow) you set it for trial, kung walang lawyers, mag (if they don't have lawyers then) appoint ka (you) counsel-de-oficio, oh very clear yon. (that) Justices themselves instructed me to do that, so we will proceed. 

          The prosecution may continue with presentation of its evidence. 

PROSECUTOR PRIMO C. MIRO: 
          Your Honor, please, invoking that directive from the Court of Appeals, we will proceed with the presentation of another eye witness for the prosecution. 

COURT: 
          Proceed. 

PROS. P.C. MIRO: 
          So, that is in the person of Miss Konahap. She is here, and we will call her to the stand to give her direct-testimony. 

COURT:
           Yes, there is a Motion of Paco? 

ACCUSED JUAN FRANCISCO "PACO" LARRAŅAGA: 
          Yes, Your Honor, We would like to make it of record, Your Honor, that the same as . . . we would like to have our own lawyers and giving authority to lawyers . . . . 

COURT: 
          We are putting that on record that you are insisting on your right to counsels of your choice. 

ACCUSED J. F. "PACO" LARRAŅAGA: 
          Yes, Your Honor.

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

PAGE 5 
ACCUSED JOSMAN AZNAR: 
          Also, Your Honor, for the record, that we would like to have our own lawyers while the case is going on, Your Honor. 

COURT: 
          Yes, but the Court is going ahead . . . but that will form part of the record and you can bring that to the higher Court. At least now, the trial of these cases shall continue and only a restraining order can stop the trial of these cases. We are determined to receive all the direct testimonies of the prosecution witnesses continuously as provided In the Administrative Order of the Supreme Court. Only a restraining Order from the Higher Court can stop the trial of these cases. 

         
Proceed. 

ATTY. VENUSTIANO YPIL: 
          Your Honor, please, may we request, counsel for Rusia, Your Honor, to sit with us, Your Honor, because we believed that Rusia has not yet been discharged. Counsel to sit with us, Your Honor. 

PROSECUTOR TERESITA GALANIDA: 
          You can sit anywhere you want. 

COURT: 
          You can sit anywhere you want, it's alright. 

ATTY. FERDINAND SAORNIDO: 
          It just so happened that at the time I arrived, the seats are already full. 

COURT: 
          It's alright, just a minimal matter.
          Gentlemen, I remind you, you may object to prosecution's questions on direct-examination, if you find it objectionable, alright? 

ATTY. V. YPIL: 
          Yes, Your Honor. 

PROS. P.C. MIRO: 
          I hereby authorize Atty. Hermosisima to conduct the direct-examination of the said witness, Your Honor. 

PAGE 6
ATTY. H. HERMOSISIMA: 
          May I state the purpose, Your Honor? 

COURT: 
          Proceed, state the purpose. 

ATTY. H. HERMOSISIMA: 
          The prosecution, offers to prove by the testimony of this witness, that she was an employee of Global Village, that this witness was at the Global Village Office on July 16, 1997 at about 6:30 o'clock in the evening, that at that time that she was at that Office Global Village, Jacqueline Chiong, Marijoy Chiong and Shiela Singson were there and she can identify Paco Larraņaga and Josman Aznar. On July 16, 1997 she saw Jacqueline Chiong, Marijoy Chiong at the West Entry talking to Paco Larraņaga, and Josman Aznar. She knew Paco Larraņaga and Josman Aznar before July 16, 1997; that after July 16, 1997, she did not see anymore Jacqueline Chiong, Marijoy Chiong, Paco Larraņaga and Josman Aznar. And we intend to prove through this witness, Your Honor, other related matters. 
          May I proceed. 

ATTY. V. Ypil: 
          May we move for the exclusion of other witnesses inside the courtroom, Your Honor? 

COURT: 
          You have other witnesses? 

ATTY. H. HERMOSISIMA: 
          We don't have any other witness inside the courtroom. 

COURT: 
          Swear the witness. 

INTERPRETER TO WITNESS: 
      Q:   Do you swear to fell the truth, the whole truth and nothing but the truth In this hearing? 

WITNESS: 
      A:   Yes. 
          (Witness standing, raising her right hand swearing).

PAGE 7
INTERPRETER TO WITNESS: 
      Q:   Name? 

      A:   ANALIE KONAHAP. 

      Q:   Age? 

      A:   24 years old. 

      Q:   Civil status? 

      A:   Single. 

      Q:   Occupation?

      A:   Presently employed as Account Executive of Ergo Economic System. 

      Q:   And a resident of? 

      A:   Resident of 237 Paterno Street, Guihulngan, Negros Oriental. 

ATTY. HERMOSISIMA: 
          May it please this Court. 

COURT: 
          Proceed. 

                                             DIRECT-EXAMINATION BY ATTY. HONORATO HERMOSISIMA ON 
                                                                            WITNESS ANALIE KONAHAP: 

      Q:   Miss Konahap, at about 6:30 o'clock in the evening of July 16, 1997, where were you, if you can recall? 

      A:   I was at the Office of Global Village International Learning Center. 

      Q:   Where is this located Mam? 

      A:   Located at 3rd level of Ayala Center. 

      Q:   What city? 

      A:   Cebu City. 

      Q:   What were you doing at the Office of Global Village? 

      A:   I was there to follow up my clearance. 

      Q:   What clearance are you referring to Mam? 

      A:   My clearance relative to my resignation.

PAGE 8
ATTY. H. HERMOSISIMA: 
      Q:   Resignation as what? 

      A:   As the Cyber Cafe Manager of Global Village. 

      Q:   Can you tell us as Cyber Cafe Manager, what were your duties and functions? 

      A:   As My duties includes; I supervise 6:00 to 8:00 Cyber Cafe, I maintain the sales record daily and monitor the shifting schedule of the Cyber crew and I do have internet, tutorial classes inside the cafe. 

      Q:   Do you know Jacqueline Chiong? 

      A:   Yes, Sir. 

      Q:   Why do you know her? 

      A:   I was the one who interviewed her and hired her as Cyber Cafe crew. 

      Q:   In other words, she as your co-employee? 

      A:   Yes, Sir, that*s my point Sir. 

      Q:   When was it that Jacqueline Chiong was your co-employee at Global Village? 

      A:   First week of April until July. 

      Q:   Of what year, Mam? 

      A:   1997. 

      Q:   Do you know nickname of Jacqueline Chiong? 

      A:   Jackie Sir. 

      Q:   Do you know Marijoy Chiong? 

      A:   Yes, Sir, she is the sister of Jacqueline. 

      Q:   How did you came to know Marijoy Chiong? 

      A:   She often visits Jackie at the office Global Center Cafe and they usually go together, she is the sister of Jacqueline Chiong. 

      Q:   You said that you were at the office of Global Village on July 16, 1997 at about 6:30 o'clock in the evening, who, if any did you see inside the office that time? 

      A:   If I'm right I saw Jacqueline Chiong, Marijoy Chiong, Shiela Singson and all other employees of Global Village.

PAGE 9 
ATTY. H. HERMOSISIMA: 
      Q:   Who is this Shiela Singson? 

      A:   Shiela is the stock clerk of Global Village. 

      Q:   At that time, in what particular place of the office, did you see Jackie and Marijoy? 

      A:   Jacqueline and Marijoy were at the front desk when I arrived and I greeted them and Shiela was inside the Cafe. 

      Q:   How did you greet them, you said, you greeted them? 

      A:   I told them, "Good evening". 

      Q:   And what response, if any, did they gave you? 

      A:   They told me, "Good Evening teacher Ann, because they usually called me, Teacher Anne. 

      A:   What time did you leave Global Office that evening? 

      A:   At around 9:00 o'clock, more or less. 

      Q:   From Global office, where did you proceed? 

      A:   I went to the West Entry point, Sir. 

      Q:   What was your purpose in going to the West Entry? 

      A:   Because whenever I go home, I usually passed by the West Entry because I arrived at the West Entry point. 

      Q:   And what time did you arrive at the West Entry? 

      A:   Around 9:05 more or less. 

      Q:   At that point, who, if any, did you see at the West Entry? 

ATTY, ANACLETO DEBALUCOS: 
          Objection, Your Honor, it is very vague, Your Honor. 

COURT: 
          How is that? 

ATTY. A. DEBALUCOS: 
          The question is very vague, Your Honor.

PAGE 10
ATTY. H. HERMOSISIMA:
          No, this witness said that she passed at the West Entry at about 9:05 in the evening, WHO IF ANY, DID YOU SEE? if any, Your Honor. 

COURT: 
          Go ahead. 

WITNESS ANALIE KONAHAP: 
      A:   I saw Jacqueline and Marijoy, Sir, talking to 2 men. 

ATTY. H. HERMOSISIMA: 
      Q:   What did you do, if any, when you saw them? 

      A:   I greeted them, "Hi Jack", then Jacqueline told me, "Teacher Ann", then I said "Oh ari na ko, (I'll just go ahead,) I'll just go ahead," I told them and just passed by them. 

      Q:   When you said, HI . . . . . . 

PROS. T. GALANIDA: 
          Excuse, Your Honor, excuse me, Your Honor, because there was a portion stated in the dialect, may we request, that it be translated. 

COURT: 
          You translate that. 

INTERPRETER: 
          "ARI NA KO", I'll just go ahead. 

COURT: 
          It will be formed part of the record. 

PROS. T. GALANIDA: 
          May we have it read back, Your Honor, the the portion with the vernacular. 

COURT STENOGRAPHER READING BACK THE ANSWER OF THE WITNESS: 
          "I GREETED THEM, "HI JACK", THEN JACQUELINE TOLD ME "TEACHER ANN", THEN I SAID, "OH ARI NA KO, I'LL JUST GO AHEAD". 

ATTY. V. YPIL: 
          May we request this witness to talk slowly, Your Honor, because we could not . . . .

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

PAGE 11 
COURT: 
          Talk slowly and clearly so that everybody could hear you, we have a tape recorder here. 
          So, proceed. 

WITNESS A. KONAHAP: 
      A:   Yes, Your Honor. 

ATTY. H. HERMOSISIMA: 
          May I continue, Your Honor. 

COURT: 
          Alright. 

ATTY. H. HERMOSISIMA: 
      Q:   When you said, "Hi" and told them, "Ari na ko", how far were you from both Jacqueline and Marijoy? 

      A:   It was about 5 to 6 meters when I saw them talking, then, when I said, Hi, it was about 2 to 3 meters. 

      A:   At that point when you saw both Jacqueline and Marijoy, what were they doing, if any? 

      A:   They were talking to 2 men, sir. 

      Q:   Talking to 2 men? 

      A:   Yes, Sir. 

      Q:   Did you recognize those 2 men? 

      A:   Yes, Sir. 

      Q:   If those 2 men are inside this courtroom, will you be able to identify them? 

      A:   Yes, Sir. 

      Q:   Please, do so Mam? 

      A:   Yes, Sir, one was Paco Larraņaga and Josman Aznar, the other one. 
          (Witness pointing to a person sitting on the prisoner's deck when asked answered that his name is Francisco Juan Larraņaga, and the other one pointed to by the witness answered that his name Josman Aznar). 

      Q:   Do you know how to, draw a sketch Mam?

PAGE 12
WITNESS A. KONAHAP:
          Sir, excuse me Josman signed dirty finger and making faces to me, Sir. 

ATTY. H. HERMOSISIMA: 
          We would like to make it of record, Your Honor, that this witness complained, stating that she just saw Josman Aznar making a bad finger sign to her and making faces. 

COURT: 
          Handcuffed his other hand. 

ATTY. H. HERMOSISIMA: 
          Maybe the witness can Illustrate, Your Honor, how was it done. 

COURT: 
      Q:   How was it done? 

WITNESS A. KONAHAP: 
      A:   He said, like that.
          (Witness standing placing her finger on her face).  

COURT: 
          Do not do that, I will handcuff your other hand Ikaw rin ang mahihirapan, nakahandculfed ang dalawang kamay mo. (You will only be making it hard for you, both your hands ill be handcuffed.) Stop doing that. 
          Alright, proceed. 

ATTY. H. HERMOSISIMA: 
      Q:   Mam, do you know how to draw a sketch? 

      A:   Yes. 

      Q:   I have here a bond paper long size, because you mentioned that from Global office ,on your way out, you exited to the West Entry and there you saw Jacqueline and Marijoy as well as accused Josman Aznar and Paco Larraņaga, could you please make a sketch of the West Entry and indicate in what portion did you see the 4 of them, Jackie, Marijoy, Josman and Paco? 

COURT:
          Did you establish what time It was?

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

PAGE 13
ATTY. H. HERMOSISIMA: 
      Q:   By the way, Mam, at that time, exactly at what time did you see the 4 of them at the West Entry? 

      A:   That time, 9:05 more or less. 

COURT: 
      Q:   9:00 o'clock in the evening? 

      A:   9:O5 more or less. 

ATTY. H. HERMOSISIMA: 
          9:05 more or less because she went out of the office 9:00 o'clock, Your Honor. 

WITNESS PREPARING A SKETCH INDICATING THE WEST ENTRY OF AYALA CENTER. (WITNESS ANALIE KONAHAP) 

ATTY. H. HERMOSISIMA: 
          Please indicate Mam, also the Ayala Road. 

      Q:   Could you please, put your name on top of this paper and your signature? 

      A:   Yes. 
          (Witness writing her name on top with her signature). 

ATTY. H. HERMOSISIMA: 
          May we request, Your Honor, that the sketch just drawn by this witness be marked as our Exhibit R, and her name be encircled and marked R-1

      Q:   Madam Witness, in your Sketch, you have indicated an arrow at the Exit of the West Entry, could you explain, what this is? 

      A:   This is an arrow, this is me, going there, arrow going there 5 to 6 meters, I saw them talking, then I passed by and from there, I rode directly in a taxi. 

ATTY. H. HERMOSISIMA: 
          We make of record, Your Honor, that the arrow, indicated the direction of this witness when she exited through the Exit of the West Entry and that the first arrow, the witness indicated that, that was the first time that she saw Jacqueline and Marijoy and with the given distance of about 5 to 6 meters and the second arrow when she passed by Jacqueline and Marijoy and Josman and Paco where she said that she was about 2 to 3 meters away from the 4 of them, where she passed by.

PAGE 14 
ATTY. ANACLETO DEBALUCOS: 
          We would like to request again, Your Honor, that the witness should talk louder, to avoid, Your Honor, repetition of her appearance by the lawyer, for herself, Your Honor. 

COURT: 
          Try to talk louder. 

WITNESS A. KONAHAP: 
          Yes, Your Honor. 

ATTY. H. HERMOSISIMA: 
      Q:   (Madam Witness, you have drawn 4 circles. One, you have marked P, can you tell the Court what this means? 

      A:    This one stands for Paco Larraņaga, P. 

ATTY. H. HERMOSISIMA: 
          May I request, Your Honor, that this circle, wherein the witness Indicated P, represents Paco Larraņaga, we request, Your Honor, that this be marked as Exhibit R-2

      Q:   Below this portion, Madam Witness, which is now marked as R-2 is another where you wrote the name Josman, could you please explain this to the Court? 

      A:   This is where Josman stands, Josman Aznar. 

ATTY. H. HERMOSISIMA: 
          May we request, Your Honor, that the circle indicated by the witness, Josman, be encircled and marked as R-3

      Q:   Madam Witness, another circle beside P, R-2, is a circle marked Marijoy, could you please explain this to the Court, what do you mean by this? 

      A:   This is where Marijoy stands. 

ATTY. H. HERMOSISIMA: 
          May we request, Your Honor, that this circle marked Marijoy be encircled and marked as R-4

      Q:   And I invite your attention to another circle which you marked Jackie, please tell the Court what this is?

PAGE 15
WITNESS A. KONAHAP: 
      A:   This is where Jackie stands, Sir. 

ATTY. H. HERMOSISIMA: 
          We request, Your Honor, that this circle marked Jackie be encircled and marked as R-5

      Q:   Using this Sketch, Madam Witness, can you recall how far Paco was to Marijoy, when you saw them as reflected in your Sketch? From where you are sitting, please point out a particular place? 

      A:   From here to there. 
          (Witness indicating a distance from where she Is seated to a place in front of her). 

ATTY. H. HERMOSISIMA: 
          Your Honor, we request for a stipulation from the defense that the witness indicated a distance of approximately one meter. 

COURT: 
          You have to take measure. Distance measured by the Interpreter of this Court is? 

INTERPRETER: 
          81 centimeters, which is less than a meter or .8 meter, as indicated by the witness. 

ATTY. H. HERMOSISIMA: 
      Q:   How about Josman, using again your Sketch, how far was he from Jacqueline? 

      A:   About the same distance from Paco and Marijoy, Sir. 

      Q:   And how far was Paco to Josman in your Sketch? 

      A:   About half a meter. 

      Q:   And how about Marijoy to Jacqueline, what was their distance? 

      A:    About the same distance Sir, half a meter. 

      Q:   You have indicated 3 rectangles to the left of your sketch and 3 rectangles to your right, for the record, could you please indicate this to the Court?

PAGE 16
WITNESS A. KONAHAP: 
      A:   These 3 rectangles represents the benches, and this one is the stalls seen in Ayala, like the Fountainhead and the nearby stalls. 

      Q:   Stalls selling food? 

      A:   Yes, Sir. 

ATTY. H. HERMOSISIMA: 
      We make it of record, Your Honor, that the witness indicated the 3 rectangles appearing to the left of the Sketch are benches and stalls selling food, rectangles appearing to the right of the sketch. 

      Q:   At that precise moment that Jacqueline, and Marijoy were talking with Paco and Josman, what if any, did you observe with with Jacqueline? 

      A:   I just noticed that Jackie was uneasy talking with the persons she was talking to because she was doing like that, she was uneasy, at that time. 

      Q:   She was very uneasy. 

ATTY. A. DEBALUCOS: 
          Your Honor, please, we just like to request the private prosecutor, Your Honor, not to repeat the answer of the witness herself, Your Honor, and again, we would like to request this witness, Your Honor, to talk louder to avoid repetition, Your Honor. 
 
ATTY. H. HERMOSISIMA: 
          Exactly I had to repeat, Your Honor, because I observed the witness is talking quite low. 

WITNESS A. KONAHAP: 
          Your Honor, actually I have a cough, so I cannot speak very loud.

COURT:
          The Interpreter may repeat her answers. 

PROS. GALANIDA:
          May we request the defense counsels to stay here, to come nearer now that the witness has said, she 
cannot . . . . 

COURT:
          Will you come closer?

PAGE 17
PROS. T. GALANIDA:
          Anyway, they can put their chairs over here. 

COURT: 
          What, can you do? The witness has voice defect? The interpreter can repeat her answers. Will you do that? 

INTERPRETER: 
          Yes, Your Honor. 

ATTY. H. HERMOSISIMA: 
          May I proceed, Your Honor? 

COURT: 
          Proceed. 

ATTY. H. HERMOSISIMA: 
      Q:   Have you seen Paco Larraņaga before July 16, 1997? 

      A:   Yes, Sir. 

      Q:   How many times Mam? 

      A:   It was summer of 1997, I saw him passed by our office. 

      Q:   Where else? 

      A:   In our office, sometimes in the vicinity of our office, third level. 

      Q:   How about Josman Aznar, have you seen him before July 16, 1997? 

      A:   Yes, Sir. 

      Q:   How many times, Mam? 

      A:   The same number of times I have seen Paco also. 

      Q:   And was this, usually? 

      A:   Usually, in the vicinity of our office, third level, when I go out of the office when I go to the CR, I usually see them at Glicos, near Pizza Hut and Harbor . . . 

COURT: 
      Q:   The Court would like to know what were the accused Larraņaga and Aznar were doing, when you often saw them?

PAGE 18
WITNESS A. KONAHAP: 
      A:   Usually, Your Honor, I saw them buying at Glicos, the one across our office, game zone, like that, and I see them passed by our office. 

COURT: 
      Q:   Did you see them talking with the Chiong sisters before that? Before July 16? 

      A:   No, I have not seen them talking before July 16, because Jacqueline, when she is on duty, she don't usually go out of Cyber Cafe. 

COURT: 
          Alright, proceed. 

ATTY: H. HERMOSISIMA: 
      Q:   After July 16, 1997, have you seen Jacqueline and Marijoy Chiong? 

      A:   Not, anymore. 

      Q:   How about Paco Larraņaga and Josman Aznar, did you see them again at Ayala after July 16, 1997? 

      A:   Not anymore, Sir. 

ATTY. H. HERMOSISIMA: 
          We have no further questions, Your Honor. 

COURT: 
          Alright, we will reserve for the accused the right to cross-examine the witness, through their counsel of their own choice which they promised to afford within 3 weeks from September 3, the start of the trial of this case. 

          You have any other witness to present, Fiscal Mire? 

PROS. P.C. MIRO: 
          Tomorrow, Your Honor, we will be presenting another witness. 

COURT: 
          Eye witness? 

PROS. P. C. MIRO: 
          Yes, eye witness.

PAGE 19
COURT: 
          So, we will now adjourn? 

PROS. P. C. MIRO: 
          We will now adjourn, Your Honor. 

COURT: 
          But, you have to continue presenting your direct testimony? 

PROS. P.C. MIRO: 
          Yes, Your Honor,  because this Honorable Court have made the pronouncement. 

COURT: 
          Alright. 

ATTY. H. HERMOSISIMA: 
          Your Honor, please, we understand that the accused are all given this Honorable Court 3 weeks within which to engage their counsels, may we specify a date, so that by then, they should already be around. Specify a date for trial. 

COURT: 
          From September 3 plus 21, eh di 24. (and so 24) September 3, they promised, 3 weeks from September 3, so September 24. So, they have until September 24 to appoint their de-parte counsels to conduct cross-examination of the prosecution witnesses, but if they do not appoint by September 24, then we will order a PAO counsel to conduct the cross-examination. Papano, (How,) we cannot wait indefinitely. We are giving them already 3 weeks. That is more than reasonable, I think. We are already bending backward to accommodate them ha. 

          Alright, adjourn. 

TIME ADJOURNED: 2:45 P.M. 

          COURT ORDER ATTACHED TO THE RECORD.

(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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PAGE 20 

C E R T I F I C A T I O N


I hereby certify that the foregoing are the true and correct transcript of the 

stenographic notes taken by the undersigned  stenographer during the hearing of the 

above-entitled case on September 7, 1998, at 2:10 P.M.



                                                                                                               signed: LORNA W. GONZALES
                                                                                                                         Court Stenographer

--------------------------------------------------------------------------------------------------------------------------------------------------------------

COMMENTS AND OBSERVATIONS FROM THE WEBMASTER:
     
This is the third prosecution witness who did not even mention at all the heavy rains that night. Even the star witness did not mention the heavy rains in his testimony. In fact, among the many witnesses the prosecutors presented, only Mrs. Chiong and the security guard testified about the rains. In a recent interview (July 2005) Mrs. Chiong again mentioned that it was raining "cats and dogs" the night her daughters disappeared. Surely, if there is anything that the witnesses should have remembered about that particular night was the weather. 

        During the defense, the defense lawyers tried to bring in the weather men from Pag-asa to testify about the weather conditions that night but the prosecution and the Judge objected. They said it would be "irrelevant and immaterial".  

NOTE:   THE ABOVE TEXT IS THE FAITHFUL REPRODUCTION OF THE ORIGINAL
        DOCUMENT REFORMATTED FOR  CLEARER APPRECIATION.              

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