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 HON. MARTIN A. OCAMPO, Presiding 
                                                                 Judge of Branch 7, Regional Trial Court of Cebu
                                                                 City, on September 10, 1998 at 2:20 o'clock in 
                                                                 the afternoon.
                                                                 

Present:
                                                                 HON. MARTIN A. OCAMPO
                                                                 Presiding Judge

ASSISTED BY:
                                                                  Ms. Farah T. Abangan
                                                                  Court Stenographer

                                                                   Mrs. Lucila C. Bajarias
                                                                   Court Interpreter

APPEARANCES:
                                                                   PROSECUTOR PRIMO C. MIRO
                                                                   PROSECUTOR CESAR ESTRERA
                                                                   PROSECUTOR RAMON JOSE DUYONGCO
                                                                   PROSECUTOR TERESITA GALANIDA
                                                                   PROSECUTOR LEONARDO CARREON
                                                                   (Appearing for the State)                                                            

                                                                   ATTY. HONORATO HERMOSISIMA
                                                                   (Appearing as private Prosecutor)

PAGE 2
PAO LAWYERS:                                      ATTY. VENUSTIANO YPIL
                                                                   ATTY. ANACLETO DEBALUCOS
                                                                   ATTY. JOHN DE JESUS
                                                                   (Appearing as counsels de oficio for accused 
                                                                     Larraņaga, Aznar, Cano, Balansag and Uy brothers)

                                                                    ATTY. FERDINAND SAORNIDO
                                                                    (Counsel for accused Rusia)

COURT:   (TO COURT INTERPRETER)
          Call the cases.

COURT INTERPRETER: (CALLING THE CASES)
            CRIMINAL CASES NOS. CBU-45303 AND 45304 PEOPLE OF THE PHILIPPINES    PLAINTIFF FRANCISCO JUAN LARRANAGA "PACO"; JOSMAN AZNAR; ROWEN ADLAWAN @ "WESLEY"; ALBERTO CANO @ "PAHAK"; ARIEL BALANSAG; DAVIDSON VALIENTE RUSIA @ "DAVID FLORIDO"@ "TISOY TAGALOG"; JAMES ANTHONY UY @ "WANGWANG"; and JAMES ANDREW UY @ "MM" UY, ACCUSED FOR KIDNAPPING AND SERIOUS ILLEGAL DETENTION.

PROS. MIRO:          
          We respectfully appear for the state, Your Honor.

ATTY. HERMOSISIMA:
          Appearing as private prosecutor, Your Honor.

ATTY. SAORNIDO:
          For accused, Rusia, Your Honor.

ATTY. Ypil:
          Appearing , as counsels de oficio for the rest of the accused Your Honor.

COURT:
          Before we begin today's hearing, I want to inform the prosecution and of course everybody here present about this Amended Petition or alleged amendment to the Petition for Habeas Corpus filed by Atty. Raymundo Armovit to the  

PAGE 3
COURT:    (CONTINUATION)
          Court of Appeals. It was received by me copy furnished by Atty. Armovit only today but it was filed with the Court of Appeals last September 4 and they are amending their Habeas Corpus to make it also a Petition for Certiorari to nullify the denial of this Court of the Inhibition Motion of the accused. In other words, they are asking the Court of Appeals to disqualify me from further hearing these cases. They filed it by means of an amendment to their Petition for Certiorari and filed it with the same Third Division of the Court of Appeals that ordered the release of the former defense lawyers jailed by this Court, instead of having it reraffled among the Branches of the Court of Appeals. Since this is a Certiorari case it is a new case. *What they did was simply amend their Petition for Habeas Corpus and make it also one for Certiorari with Preliminary injunction and Temporary Restraining Order. I suppose we might expect a Temporary Restraining Order to receive by the Court at anytime to be issued without any hearing. A temporary restraining order is usually issued if there is a hearing. I am just alerted you on that on this Urgent Motion for Resolution - why is it - - -

ATTY. HERMOSISIMA:
          Your Honor please - - -

COURT:
          I want to give you a copy of this so that you can oppose it. Make xerox copies of it and you can oppose it with the Court of Appeals. Nagtataka lang ako kung bakit (I am just surprised why) amendment of the Habeas Corpus- Habeas Corpus naging (became) Certiorari na (already)?

ATTY. HERMOSISIMA:
          May I say something, Your Honor?

COURT:
          Yes.

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

PAGE 4
ATTY. HERMOSISIMA:
          This is very surprising move on the part of the prosecution, Your Honor, of the defense rather.

COURT:
          Yes, the prosecution - - -  you are not even impleaded there. I am the one impleaded. How can I oppose them? I cannot make a pleading with all my work. I have no time to - - ako lang ang mag-isa dito. I cannot order my Clerk to make an Opposition. 

ATTY. HERMOSISIMA:
          We intend to get a copy of this, Your Honor. We are going to file a vigorous Opposition on this very dubious move, Your Honor. This is another ploy to delay these cases.

COURT:
          Well, I just want everybody to know that especially the prosecution because that is directed to me, e. hindi ko naman magagawa yan- - -  (I cannot do that- - -) to make an opposition to that Amended Petition of Mr. "Dilatory" Armovit. Hindi ko magagawa yon. (I cannot do that.) How can I do that with all my work? I will make Decisions. So, kayo na, (you will do that already), you- - anyway in Certiorari the private counsel is supposed to represent the Judge or to- - - Yes. Fiscal

PROS. MIRO:
          Your Honor, aside from the fact that we are expressing our vigorous Opposition to that, Your Honor, I am now questioning the personality of the lawyers because they have already withdrewn as counsels.

COURT:
          No, here. but not in the Appellate Court they have not withdrewn.

PROS. MIRO:
          Not in the Appellate Court. 

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

PAGE 5
COURT:
          What I am wondering is why was it filed with the Third Division where the Habeas Corpus was issued or a release order after a reckoned time of five (5) hours. di ba? They filed the Petition at 9:30 at 2:30 meron nang Order of Release without any hearing. So, this will happen again we will receive a Restraining order without any hearing at all.

PROS. MIRO:
          Just like a Habeas Corpus Petition that was very fast

COURT:
          That is why I am revealing that so that when we receive the Restraining order without a hearing, we will know kung bakit (if why) because Mr. Armovit filed that Amended Petition amending the Habeas Corpus to Certiorari and asking that I be disqualified and for the Court of Appeals Third Division to issue a Restraining Order immediately.

PROS. MIRO:
          So, if there is no Restraining order we might proceed with the presentation of our evidence, Your Honor

COURT:
          Wala pa, e. (None, yet.)

PROS- MIRO:
          No Restraining Order?

COURT:
          WaIa. (None.)

PROS. MIRO:
          So, let us proceed

COURT:
          Yes.

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

PAGE 6 
PROS. GALANIDA:
          May I say something, Your Honor?

COURT:
          Yes.

PROS. GALANIDA:
          We would also like to put it on record that the prosecution panel believes that the defense purposely omitted to furnish the City Prosecutors Office with a copy of this pleading because here they furnished Dionisio Omega, Jr., the Chief inspector of the BBRC of this pleading and not the City Prosecutors Office. They furnished only the office of the Solicitor General and surprisingly the office of the Solicitor General did not also cooperate or did not coordinate with our office, did not even call our office regarding this pleading.

COURT:
          I am revealing that because a Restraining Order might issue at anytime without a hearing to be conducted by the Court of Appeals so that everybody will know why a Restraining Order was issued because Mr. "Dilatory" Armovit filed Amended Petition with the same Third Division and inserted Certiorari there without any raffles of the case.

ATTY. HERMOSISIMA:
          Once that happens, Your Honor, the Cebuanos will not take that sitting down. 

COURT:
          So, we will see what will happen. Anyway I just received that today, I was surprised since I cannot make any comment myself because of my work. I will give that to you. (Court addressing to the private prosecutor). 
          Proceed with your next witness

ATTY. YPIL:
          Your Honor please, may I be allowed to speak?

PAGE 7
COURT:
          Yes.

ATTY. YPIL:
          That the new move of Atty. Armovit in amending to Certiorari, Your Honor, we have nothing to do with that, Your Honor, just for the record because we are defending the accused - - -

COURT:
          It is only Armovit who is representing in the Appellate Court. Alright, proceed.

PROS. MIRO:
          We will present our 6th witness, Your Honor, in the person of Williard Redobles. He will be represented by Prosecutor Leonardo Carreon.

COURT:
          Call the witness. 

                                                                    (Witness to the stand)

COURT:
State the purpose of his testimony for the record.

PROS. CARREON:
          We formally offer the testimony of this witness, Your Honor, for the purpose of proving that he is a bonafide security guard connected with Probe Security and Detective Agency since March of 1995 up to the present; that he has been assigned at the Ayala Center, Cebu City since about that time March 1995 up to the present; he is also offered as a substantial corroborative witness to the testimonies of the Prosecution witnesses Sheila Singson and Analie Konahap and as such corroborative witness he will testify that he Personally saw accused Josman Aznar and Paco Larranaga talking to the victims Jacqueline Chiong and

PAGE 8
PROS. CARREON:    (CONTINUATION)
 Marijoy Chiong in the evening of July 16, 1997 at the Ayala Center, Cebu City. at the West Entry of the said establishment. He will testify on some other related matters for the purpose of proving the crimes for which the accused are charged.         

COURT:
          Swear the witness.

COURT INTERPRETER:    (SWEARING-IN THE WITNESS)
          Do you swear to tell the truth, the whole truth and nothing but the truth in this hearing?

WITNESS:
      A    Yes, I do.

COURT INTERPRETER:
          Will you please state your name, address and other personal circumstances?

WITNESS:
          Williard Redobles, 27 years old, married, security guard and a resident of Camagong, Lahug, Cebu City.

ATTY. YPIL:
          Your Honor please, way we move for the exclusion of other witnesses for the prosecution?

COURT:
          You have other witness?

PROS. CARREON:
          No other witness this afternoon, Your Honor

COURT:
          Go ahead.

PAGE 9
                                                   DIRECT-EXAMINATION OF THE WITNESS
                                                   BY PROSECUTOR LEONARDO CARREON

      Q    Mr. Redobles, you said you are a security guard, of what security agency are you connected with?

      A    PROBE Detective Investigation Security Agency.

      Q    Since when have you been connected with the said agency?

      A    Since March 1995.

      Q    Up to the present?

      A    Yes, sir.

      Q    Will You please show to us credentials such as a license to prove that you are a bona fide security guard?

      A    Yes, sir. (Witness taking from his pocket and showing to Prosecutor Carreon a license)

PROS. CARREON:
          May I ask the Interpreter, Your Honor, to read for the record the entries in the ID presented by the witness.

COURT INTERPRETER:
          "REDOBLES WILLIARD C.; 314 Camagong Street, Lahug, Cebu City; Height: 180; Weight: 65; Month: 22-07-71; Security Officer; December 1998; Badge No. 176982; and ID No. R71EO7D222."

PROS. CARREON:
          May I request for the record. Your Honor, that the photo-copy of the said ID be marked as our Exh. "T".

COURT:
          Mark it.

PAGE 10
PROS. CARREON:
          And we request the defense counsel to compare the original of the ID with the photo-copy thereof and to register their observation whether the photo-copy is a faithful reproduction of the original.

ATTY. DEBALUCOS:
          We admit. Your Honor, that this machine copy appears to be a faithful reproduction of this ID although we observed that the date appears in the ID 12-96 does not appear in the xerox copy, Your Honor

PROS. CARREON:
          Anyway, we will have this mark as our Exh- "T", Your Honor

      Q    Mr. Redobles, as security guard of PROBE Security Agency, of what establishment are you assigned?

      A    Ayala Center, Cebu City.

      Q    Since when have you been assigned as security guard of the Ayala Center, Cebu City?

      A    Since March 1995.

      Q    Up to the present?

      A    Yes, sir. until at present.

      Q    Do you recall where you were an July 16, 1997 at about 7:45 o'clock in the evening?

      A    Yes, sir, I can recall.

      Q    Please tell the Court where you were at that time and date?

      A    At 7:45 in the evening that was the time I started leaving the house going to Ayala Center. 

      Q    What was your purpose in going to Ayala Center?

      A    To report my work as a security guard.

PAGE 11
PROS. CARREON:
      Q    What was your tour of duty as security guard on July 16, 1997?

      A    From 9:00 o'clock in the evening until 9:00 O'clock in the morning, the following day.

      Q    You said you were leaving the residence in going to Ayala at that time. Will you please tell the Court what mode of transportation did you take in going to Ayala Center?

      A    I did not ride I only walked because my house is just near in Ayala.

      Q    While walking towards Ayala Center, Cebu City, what was the condition of the weather at that time?

      A    It was raining.

      Q    Since it was raining, will you please tell the Court what did You bring or what attire did you wear in going to Ayala?

      A    In going to Ayala I wore white t-shirt and wearing a short maong pants, wearing slippers and with umbrella.

      Q    Which route or what road or street did you pass in going to Ayala Center, Cebu City?

      A    From Camagong I crossed Escario Street then I again crossed Archbishop Reyes Avenue until the entrance of the West Entry of Ayala Center.

      Q    When you reached the West Entry of Ayala Center, Cebu City, could you recall what time or about what time was it when you reached the West Entry?

      A    In my own estimate 8:00 o'clock to 8:05. 

      Q    When you reached the West Entry of Ayala Center at about that time, what if any did you do?

      A    Of course I shook off my slipper and my umbrella.

PAGE 12
PROS. CARREON:
      Q    While shaking off your umbrella and you said your slippers, what if any did you observe or who if any did you see?

WITNESS:
      A    I observed and noticed Jacqueline Chiong with a companion, a woman talking to Josman Aznar and Larranaga.

PROS. GALANIDA:
          Excuse me, Your Honor, may we request the Interpreter to manifest also for the record that while the witness was testifying on that point he was pointing to some accused on the bench.

PROS. CARREON:
      Q    You mentioned the name of Josman Aznar as among the persons you saw talking with Jacqueline Chiong and her lady companion. Will you please look around the Courtroom and tell the Court if that person you named Josman Aznar is around and would you be able to recognize his?

WITNESS:
      A    Yes. sir, he is around.

      Q    Please point to him if he is here?

      A    That one wearing shades sitting beside Paco Larranaga. (Witness pointing to a person sitting on the prisoners deck wearing yellow t-shirt marked BBRC who when asked answered that his name is Josman Aznar).

      Q    You also mentioned Paco Larranaga as among the persons you saw talking with Jacqueline Chiong and her lady companion. Will you please also look around the Courtroom and tell the Court if that person you named Paco Larranaga is here?

      A    Yes, sir, he is around. 

      Q    Will you please point to his if he is around?

      A    Beside Josman. (Witness pointing to a person sitting on the Prisoners deck wearing a yellow

PAGE 13
WITNESS:    (CONTINUATION)
t-shirt marked BBRC who when asked answered that his name is Francisco Juan Larranaga).

PROS. CARREON:
      Q    You mentioned that Jacqueline Chiong was with a lady companion when you saw her talking to the two (2) accused whom you just pointed a while ago. Did you come to know who was that lady companion of Jacqueline Chiong?

WITNESS:
      A    Yes, sir.

      Q    Who was that lady companion of Jacqueline Chiong?

      A    Marijoy Chiong.

      Q    Do you know how to draw a sketch. Mr. Redobles?

      A    Yes, sir.

PROS. CARREON:
          May I request the Interpreter, Your Honor, to hand a paper and a ball pen to the witness?

          (Court Interpreter handed over to the witness I a paper and a ball pen)

PROS. CARREON:
      Q    Will you please draw a sketch of the Ayala Center and indicate therein the West Entry of the said Ayala Center?

COURT INTERPRETER:
          (Witness preparing a sketch indicating the location of the West Entry of Ayala Center. Witness indicating also Archbishop Reyes Avenue then indicating also the whole street in the sketch).

PROS. CARREON:
          We request that the sketch prepared by the witness, Your Honor, be marked as our Exh. "U" .

PAGE 14
COURT:
          Mark it

PROS. CARREON:
      Q    Will you please print your name and sign above it on Exh. "U"?

COURT INTERPRETER:
          (Witness writing his name in the sketch and with his signature)

PROS. CARREON:
      Q    Will you please indicate in this sketch where the West Entry of Ayala Center is?

WITNESS:
      A    Here.

      Q    Will you kindly label it?

COURT INTERPRETER:
          (Witness indicating the location of the West Entry of Ayala Center by writing West Entry).

PROS. CARREON:
      Q    Will you please indicate on the sketch by writing small circles where you saw Jacqueline Chiong and Marijoy Chiong talking with accused Josman Aznar and Paco Larranaga?

COURT INTERPRETER:
          (Witness indicating the location of Jacqueline Chiong, Marijoy Chiong and the two (2) accused, Josman Aznar and Paco Larranaga).

PROS. CARREON:
      Q    Will you please label which circle represents the location of Jacqueline Chiong?

COURT INTERPRETER:
          (Witness placing one circle as Jackie Chiong)

PAGE 15
PROS. CARREON:
      Q    Will you also indicate or label which circle represents Marijoy Chiong?

COURT INTERPRETER:
          (Witness indicating by writing the name of Marijoy Chiong).

PROS. CARREON:
      Q    Will you also indicate in the sketch which circle represents Paco Larranaga?

COURT INTERPRETER:
          (Witness indicating by writing the name of Paco Larranaga)

PROS. CARREON:
      Q    And lastly, will you please indicate which circle in the sketch represents the location of Josman Aznar?

COURT INTERPRETER:
          (Witness indicating the location of Josman Aznar by writing Josman Aznar on the sketch).

PROS. CARREON:
      Q    Now, you said that you saw Jacqueline and Marijoy Chiong talking to accused Josman Aznar and Paco Larranaga at the West Entry of the Ayala Center when you said you were shaking off your umbrella and your slippers. Will you please indicate where in that sketch the location where you were when you saw the four (4) of them?

COURT INTERPRETER:
          (Witness indicating his location by writing his name "WILLIARD REDOBLES", his location at the time he saw the two (2) women, Jacqueline and Marijoy Chiong and the two (2) accused Josman Aznar and Paco Larranaga).

PAGE 16
          May I manifest for the record, Your Honor, that the location of the witness as indicated by drawing a circle with a blacken portion, Your Honor.

      Q    How far were you from them when you saw Jacqueline Chiong and Marijoy Chiong talking to accused Paco Larranaga and Josman Aznar?

WITNESS:
      A    One (1) meter.

      Q    Who was nearest you of the four (4) of them?

      A    Marijoy but Marijoy was facing her back to me.

      Q    Who was next to Marijoy Chiang?

      A    Then Jacqueline.

      Q    Who was next to Jacqueline Chiang?

      A    Paco Larranaga or Francisco Juan Larranaga.

      Q    And who was next to Paco Larranaga?

      A    Josman Aznar.

      Q    Do you still recall what were their respective positions when you saw them talking?

      A    They were standing.

      Q    Are you really sure that the persons you saw talking to Marijoy and Jacqueline Chiang were Paco Larranaga and Josman Aznar?

      A    Yes, I am very sure.

      Q    Will you please tell the Court why you are sure of that statement?

      A    Because they are just very near to me.

      Q    After you saw them talking at the West Entry of the Ayala Center, where did you go next if any?

      A    I proceeded at the side of the West Entrance door.

PAGE 17
COURT/to prosecutor:
          Did you establish the time when he saw them?

PROS- CARREON:
          It was stated by the witness a while ago between 8:00 to 8:05, Your Honor.

COURT:
          I just want to be sure of the time. Of July 16?

PROS- CARREON:
          July 16, 1997, Your Honor.

COURT:
          Proceed.

PROS. CARREON:
      Q    You said that after you saw them at the West Entry you proceeded towards the Entrance door of the West Entry of the Ayala Center. Will you please indicate where in this sketch is that Entrance door of the West Entry
located?

COURT INTERPRETER:
          (Witness indicating by writing "West Entrance door" on the sketch).

PROS. CARREON:
      Q    What if any did you do at the West Entrance door of the West Entry of Ayala Center?

WITNESS:
      A    I more my uniform.

      Q    After wearing your uniform, where if any did you proceed?

      A    I proceeded to Basement II for guard mounting.

      Q    What time did you join that guard mounting?

      A    Exactly 8:30 o'clock in the evening.

PAGE 18
PROS. CARREON:
      Q    After You joined that guard mounting, where did you proceed next if any?

WITNESS:
      A    Then I went towards Arcada Foodcourt.

      Q    What did you do at the Arcada Foodcourt?

      A    I drank cold water.

      Q    After that, where did you proceed next if you proceeded anywhere?

      A    I went directly to the West Entrance door.

      Q    Where, which West Entrance door do you refer to?

      A    Of the West Entry of Ayala Center.

      Q    Are you referring to that West Entrance door of the West Entry you referred to in this sketch marked as Exh. "U"?

      A    Yes, sir.

      Q    What did you do at the Entrance door of the West Entry?

ATTY. DEBALUCOS:
          Your Honor please, may we know now the materiality of this line of questioning?

PROS. CARREON:
          Very material, Your Honor. It is still part of his testimony.

COURT:
          He wants to know what is the materiality to his identification of the accused and the sisters Chiang?

PROS. CARREON:
          Because he will identify later on, Your Honor, from where he was at that time to the location

PAGE 19
PROS. CARREON:    (CONTINUATION)
of the two (2) accused together with the victims at that time, Your Honor.

COURT:
          He will show the materiality later. Go ahead.

COURT STENOGRAPHER:    (Repeating the last question)
          What did you do at the Entrance door of the West Entry?

WITNESS:
      A     I manned my post.

PROS. CARREON:
      Q    At what time was it or about what time was it when you started manning your post at the Entrance door of the West Entry?

WITNESS:
      A     In my estimate about 9:00 o7clock in the evening.

      Q    At about that time while you were manning your post at the Entrance door of the West Entry, where if any were Jacqueline Chiong, Marijoy Chiong, Paco Larranaga and Josman Aznar?

ATTY. DEBALUCOS:
          We object, Your Honor, there is no basis.

COURT:
          What is the ground?

ATTY. DEBALUCOS:
          No basis, Your Honor.

COURT:
          Why?

PAGE 20
ATTY. DEBALUCOS:
          Because it is not shown that said ladies or women was still there.

PROS. CARREON:
          That is precisely why I as asking him, Your Honor.

COURT:
          You are asking him- - -

PROS. CARREON:
          Where- - -

COURT:
          Where, what?

PROS. CARREON:
          Where the two (2) sisters, Paco and Josman Aznar were there.

COURT:
          He is precisely asking where.

ATTY- DEBALUCOS:
          But there is no showing, Your Honor, that those ladies were still there.

PROS. GALANIDA:
          Precisely.

ATTY- DEBALUCOS:
          Because the first time this witness saw those ladies was still at 8:00 o'clock.

PROS. CARREON:
          The question was phrased that way, Your Honor, to avoid asking a leading question. So, would that be a permission to omit us to ask leading question on the witness, Your Honor? Did you see him- - did you see the two (2) girls

PAGE 21
PROS. CARREON:    (CONTINUATION)
Jacqueline and Marijoy Chiong together with accused Josman Aznar and Paco Larranaga at about 9:00 o'clock when you were already manning the post at the Entrance door of the West Entry of Ayala Center?

WITNESS:
      A    Yes, I still saw them.

      Q    Where were they at that time about 9:00 o'clock when you were already- - - -

COURT:
          Where did you see them?

PROS. CARREON:
      Q    Where did you see them?

WITNESS:
      A    They were still there. (Witness pointing to the location of the four (4), the two (2) accused and the two (2) women on the sketch).

COURT/to the witness:
      Q    How many minutes more or less did they stay there, the four (4) of them, did you see them there?

WITNESS:
      A    It took sometime until about 10:00 o'clock.

      Q    So, you saw them there, the sisters Marijoy and Jacqueline Chiong, Josman Aznar and Paco Larranaga, the four (4) of them. From what time again?

      A    In my own estimate from 8:00 o'clock until 10:00 o'clock, Your Honor.

      Q    For almost two (2) hours you saw them there together, the four (4) of them?

      A    Yes, Your Honor.

PAGE 22
COURT:    (to prosecutor) 
          Proceed.

PROS. CARREON:
          I think his testimony, Your Honor, is that he saw the two (2) sisters together with the two (2) accused between 8:00 to 10:00 but perhaps not in continuous basis, Your Honor.

COURT: 
          Alright you clarify that.

      Q    You said you saw them from 8:00 to 10:00. Was that a continuous occurrence? Were they continuously together for two (2) hours that you saw them?

WITNESS:
      A    That was not continuous because I saw them about 8:00 o'clock to 8:05 then I went to Basement 11 for guard mounting.

      Q    And what time did you see them again, the four (4) of them?

      A    I saw them again around 9:00 o'clock in the evening, Your Honor.

      Q    Up to what time, 9:00 o'clock up to?

      A    About 10:00 o'clock in the evening, Your Honor.

      Q    For one (1) hour you saw then together continuously? Is that what you want to say? 

      A    Yes, Your Honor.

COURT:
          From 9:00 o'clock to 10:00 o'clock he saw them continuously. That is what he said.

PROS. CARREON:
          Yes, Your Honor.

COURT:
          Proceed.

PAGE 23
PROS. CARREON:
      Q    At about 9:00 o'clock when you were already manning the post and you said you saw Jacqueline Chiong and Marijoy Chiong together with Paco Larranaga and Josman Aznar, could you still recall what was the condition of the weather at about that time?

WITNESS:
      A     I can recall.

      Q    What was the weather condition at about that time?

      A     it was already drizzling (taligsik na).

      Q    You said that you saw them from 9:00 o'clock up to 10:00 o'clock. What happened at about 10:00 o'clock? Where did you proceed if any?

      A    At 10:00 o'clock I closed the Entrance door and proceeded to the West Exit door.

      Q    Where? Will you please point in that sketch where is that West Exit door to which you proceeded at about 10:00 o'clock?

      A    (Witness indicating the West Exit door by writing the word "West Exit door").

      Q    How far is that West Exit door from the West Entrance door as indicated in Exh- "U", or in this sketch?

      A    The distance is about two (2) meters apart.

      Q    Will you please tell the Court what material if any is this West Entrance door and the West Exit door of the West Entry of Ayala Center made of?

      A    It is made of glass panel.

      Q    You mentioned the name of Jacqueline Chiong a while ago. How long before July 16, 1997 have you known Jacqueline Chiong?

ATTY- DE JESUS:
          Leading, Your, Honor.

PAGE 24
PROS. GALANIDA:
          How can it be leading? The question is how long?

COURT:
          How long?

ATTY. DE JESUS:
          There is no premise yet, Your Honor, whether he knows Jacqueline Chiong.

PROS. GALANIDA:
          He can always answer- - -

ATTY. DEBALUCOS:
          The question has no basis. Your Honor-

ATTY. HERMOSISIMA:
          The witness has already identified Jacqueline Chiong.

COURT:
          Let me clarify that- a leading question is objectionable when it refers to the very matter in issue. This witness knowing Jacqueline Chiong is not the very matter in issue as to who killed or kidnapped the sisters Chiong. So, it is a leading question but it is not objectionable because it does not refer to the very matter in issue, for which reason the objection is overruled.

WITNESS:
      A    I know Jacqueline Chiong since the Global Village office was opened in Ayala Center.

COURT:
          You can check that in any book of procedure whether Philippine or American Law. A leading question is objectionable only if it refer to the very matter in issue. So, what is the matter in issue here? Who killed or kidnapped the sisters Chiong? Now, the question being

PAGE 25
COURT:    (CONTINUATION)
asked is, since when did you know Jacqueline Chiong? That is not the matter in issue. So, it is a leading question but not objectionable. You can check that with any procedure book whether Philippine or American and if you find that I made a mistake in my ruling, I will order that particular testimony stricken from the records. Show me the book that a leading question that does not refer to the matter in issue is objectionable. Proceed.

PROS. CARREON:
      Q    Did you know where Jacqueline Chiong was working?

WITNESS:
      A     Of course, I know.

      Q    Tell the Court if you know where she was working?

      A    Jacqueline Chiong is connected with the Global Village Computer Learning Center.

      Q    Do you still recall when Global Village Computer Learning Center opened?

      A    Before the incident about four (4) months.

COURT INTERPRETER:   (TO THE WITNESS)
          When was Global Village opened? (Kanus-a ablihi ang Global Village Computer Learning Center?)

ATTY. DE JESUS:
          Already answered, Your Honor

ATTY. DEBALUCOS:
          Yes, Your Honor, the witness already answered, about four (4) months before the incident.

WITNESS:
      A    I did not understand the question.

PAGE 26
COURT:
          Reform your question it is already answered

ATTY. DEBALUCOS:
          Already answered. Your Honor. So, we are satisfied with the answer of the witness.

PROS. CARREON:
      Q    Where is this Global Village Computer Learning Center located?

WITNESS:
      A    It is located at the 3rd level of Ayala Center, Cebu.

      Q    By the way, how did you come to know Jacqueline Chiong before July 16, 1997?

      A    I know Jacqueline Chiong before July 16, 1997 because every time Jacqueline and co-employees
rendered overtime I have to secure the overtime permit from Jacqueline Chiong.

      Q    You also mentioned Josman Aznar, did you already know him before July 16, 1997?

      A    I know his facial appearance but I do not know his name.

      Q    How did you come to know Josman Aznar before July 16, 1997?

      A    At the time I was investigated at the CIG wherein several pictures were shown to me.

PROS. CARREON:
          May I interrupt, Your Honor? The answer of the witness, Your Honor, is not responsive to the question.

COURT:
          Alright. what is the question again?

COURT STENOGRAPHER:    (Reading back the question)
          How did you come to know Josman Aznar before July 16, 1997?

PAGE 27
COURT INTERPRETER:    (Translating the question to the witness).

ATTY. DEBALUCOS:
          Your Honor please, the witness has already answered that he allegedly happened to know Josman Aznar when certain personnel from the CIG presented the pictures.

COURT/to the witness:
      Q    Did you answer that already?

COURT INTERPRETER:
          The witness said that he did not understand the question. That's why he asked to repeat- - -

COURT:
          Look, if he gave a different answer then he will be contradicting himself. What's wrong if you asked him the same question? He will, contradict himself, that would be favorable to your client. What is wrong?

ATTY. DEBALUCOS:
          We just request. Your Honor, that that answer of the witness be recorded.

COURT:
          I just want to tell you that if you ask the witness the same question on direct-examination and he gives different answer, e, di pabor sa inyo yon, sa kliyente mo (then it will be favor you, to your client) because the witness is contradicting himself, di ba? (Isn't it?) So, actually ---- mabuti nga (it's good) he gave different answer. di ba? (isn't it?) Then you can cite later on that the witness gave a different answer to the same question. E, sino ang nakapabor doon, di ba yong kliyente mo? (Then, who will that favor, if not your client?)

ATTY. DEBALUCOS:
          I just want that that answer of the witness be recorded, Your Honor.

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

PAGE 28
COURT:
          That is common sense lang. (only.) Pag ang isang tao nagbigay nang dalawang answer na magkaiba (If a person gives two different answers) to the same question, that means he is lying, di ba? (Isn't it?) E. kung contradictory ang answer, sino ang pabor doon? (If the answer is contradictory who will that favor?) Not the prosecution but the defense, di ba? (Wouldn't it?) Huwag ka nang ma-object (So do not object anymore) because that would favorable to you.

/to prosecutor:
          Proceed.

PROS. CARREON:
      Q    You said that you know Josman Aznar by face before July 16, 1997. Why did you say or why can you say that you already know him by face before July 16, 1997?

WITNESS:
      A    Because Josman Aznar used to go to Ayala always.

      Q    Now about accused Paco Larranaga. did you already know him before July 16, 1997?

      A    I know him through his facial appearance but I did not know yet his name.

      Q    How did you come to know him by face before July 16, 1997?

      A    Because he used to go to Ayala.

      Q    When for the first time did you come to know the name of Josman Aznar?

      A    At the time that I was investigated at the CIG office and they shown to me many pictures.

      Q    Now about Paco Larranaga, how did you come to know the name of Paco Larranaga?

      A    The same, at the time that I was investigated and they showed to me many pictures or several pictures in said office.

      Q    About how many pictures were shown to you at the office of the CIG?

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

PAGE 29
WITNESS:
      A    In my own estimate more than 100 pictures.

PROS. CARREON:
      Q    Who were the persons that appeared in those photographs shown to you at the CIG office?

      A    All Persons who are suspects and persons who have criminal records.

PROS CARREON:
      Q    We would like to request for submarkings in the sketch, Your Honor already marked as Exh. "U".  We request that the location of Williard Redobles as indicated in the sketch be submarked as Exh. "U-I"

COURT:
          Mark it.

PROS. CARREON:
          We also request to be submarked as Exh. "U-2" the location of Marijoy Chiong as indicated in the sketch.

COURT:
          Mark it.

PROS. CARREON:
          The location of Jacqueline Chiong as written in the sketch "Jackie Chiong" to be submarked as Exh. "U-3", Your Honor.

COURT:
          Mark it.

PROS. CARREON:
          We also request for submarking the location of Paco Larranaga in the sketch as Exh. "U-4". Your Honor

COURT:
          Mark it.

PAGE 30
PROS. CARREON:
          The location of Josman Aznar as indicated in the sketch as Exh. "U-5", Your Honor

COURT:
          Mark it.

PROS. CARREON:
          We also would like to submark as Exh. "U-6" the West Entrance door as indicated in the sketch, Your Honor.

COURT:
          Mark it.

PROS. CARREON:
          And the West Exit door as Exh. "U-7", Your Honor.

COURT:
          Mark it.

PROS. CARREON:
          And the signature of the witness, Your Honor, as Exh. "U-8".

COURT:
          Mark it

PROS. CARREON:
      Q    Will you please tell the Court what was the condition of the lighting or the lighting condition at the West Entry of Ayala Center on July 16, 1997 at about 8:05 o'clock in the evening when you said you saw Marijoy Chiong and Jacqueline Chiong talking to Josman Aznar and Paco Larranaga?

ATTY. DEBALUCOS:
          May we know, Your Honor, the basis of that question, Your Honor? There is no showing that there were lights, Your Honor.

PAGE 31
COURT:
          No, because he testified that he saw them and it is relevant, material to ask him the lighting condition to show that he really saw them in clear light.

WITNESS:
      A    It was very bright because the lights used there were six (6) hi-bay lights.

      Q    Where are those you said six (6) hi-bay lights installed?

      A    It is located on top of the roof of the West Entry covered walk.

PROS. CARREON:
          I have no further questions, Your Honor, for direct-examination. That would be all for the witness.

COURT:
          But before we adjourn, I wish to give instruction to the private prosecutor, Atty. Hermosisima in connection with this Certiorari case that was just appended by Atty. Armovit to their Habeas Corpus case, kabit lang ito, (even though this is only) appended- the Habeas Corpus says to that same Third Division which heard the Habeas Corpus would be the same Third Division that would hear the Certiorari case and will be the one also who will issue the Restraining Order without previous hearing like the Habeas Corpus case where a Release Order was issued without previous hearing. Alright, I just want to give instruction to Atty. Hermosisima under our 1997 Rules of Civil Procedure on Certiorari, Rule 65, the counsel for the private respondent is also or should also be the counsel for the public respondent or the Judge. So, you will serve as my representative or counsel in that case Certiorari case appended by Atty. Armovit. That is the provision of law, that the counsel for the private respondent shall represent the private respondent or the Judge, the Judge himself who is suppose to- - pero walang (but there is no)

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

PAGE 32
COURT: (CONTINUATION)
time. How can I prepare my Opposition to that?

ATTY. HERMOSISIMA:
          That would be my privilege. Your Honor

COURT:
          You are suppose to represent me in that Certiorari case.

ATTY. HERMOSISIMA:
          We will do that. Your Honor

COURT:
          And there is something strange about this Certiorari case, there is no private respondent, only me, Omega and the Solicitor General are the respondents. Bakit walang (Why there aren't any) private respondent? What about Mrs. Chiong, zero? Zero entity. You are suppose to represent the private respondent.

ATTY. HERMOSISIMA:
          Yes, Your Honor.

COURT:
          E. ngayon lang ako nakakita nang Certiorari case na walang private respondent. (This is the first time I have seen a Certiorari case that has no private respondent.)

ATTY. HERMOSISIMA:
          That is precisely the reason why we said earlier, Your Honor, that the move of the defense specifically Atty. Armovit is very dubious.

COURT:
          Well, yon na nga. (that's it) I was wandering why is there no private respondent when the law said the counsel for the private respondent must represent the public respondent who is the Judge- E. kung walang (So if there's no) private respondent who will represent me? I cannot go there again and represent myself. Nagpunta na nga ako doon (I already went there) 

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

PAGE 33
COURT:    (CONTINUATION)
sa (to the) Habeas Corpus case, I represented myself. E, (So,) not again

PROS. GALANIDA:
          May I be allowed to manifest something, Your Honor?

COURT:
          Yes.

PROS. GALANIDA:
          Your Honor please, we had just been informed just now that a companion of Dra. Fornolles, the grandmother of Josman Aznar has been taking video footages of the proceedings in Court since Monday. We are making it of record, Your, Honor, because we have read from the newspaper that the defense are questioning why this Honorable Court has been allowing some media people to take footages of the proceedings in Court. Just for the record. They are objecting then they are doing it. Just for the record, Your Honor.

COURT:
          Well, as far as I am concerned, this is a free country and this is a public hearing. This Court is a public institution supported by people's taxes, people have the right to know what we are doing here. You are public officer. I am a public officer. How can the people know what we are doing here if not through the media? People cannot be accommodated in the Courtroom. So, we have to allow the media to cover this trial because this is a public trial.

PROS. GALANIDA:
          That is why we are making it of record, Your Honor- - - -

COURT:
          And we are public servants.

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

PAGE 34
PROS. GALANIDA:
          We are making it of record because they are objecting at the same time they are also doing it.

COURT:
          Well, unless it is restrain by Higher Court I will continue to allow the media to cover this trial because we are in a democracy. freedom of the press. The cross-examination of this witness is hereby deferred like the other prosecution witnesses under such conditions and for such period as the other prosecution witnesses- We can now adjourn the session.

                                                                                      0 R D E R

          At the continuation of the trial of these cases today, Prosecutor Leonardo Carreon conducted direct-examination of the prosecution witness Williard Redobles. Cross-examination of said witness was deferred until the time the accused have appointed counsels of their own choices or or before September 24,1998.

          The continuation of the trial of these cases shall proceed as scheduled on September 14. 1998, at the same time.

          SO ORDERED.

          Given in open court, this 10th day of September 1998, at Cebu City, Philippines.

                                                                                     (SGD) MARTIN A. OCAMPO
                                                                                                           J u d g e

PAGE 35
                                                                   C E R T I F I C A T I O N

          This is to certify that the foregoing transcript of stenographic notes taken during the hearing of the above-entitled cases on the date specified above, is a true and correct, to the best of my knowledge, hearing and ability.

                                                                                                         SIGNED: FARAH T. ABANGAN
                                                                                                                            Court Stenographer

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

COMMENTS AND OBSERVATIONS FROM THE WEBMASTER:
         
During this hearing, the fourth prosecution witness is presented without any of the accused still being represented by lawyers of their own choice.   

              In the early part of this hearing, the judge and the prosecutors openly discuss in court how they can block the Motion of defense lawyer Armovit "in amending their Habeas Corpus to make it also a Petition for Certiorari to nullify the denial of this Court of the Inhibition Motion of the accused. In other words, Atty. Armovit is asking the Court of Appeals to disqualify judge Ocampo from further hearing these cases. 

           Ayala security guard Williard Redobles was presented. He was the only one among all the prosecution witnesses that was prepared for the weather condition that night. He testified: "I wore white t-shirt and wearing a short maong pants, wearing slippers and with umbrella." Unlike Dacillo, who casually walked with his wife to just watch a movie. Dacillo and Redobles came from the same place and walked about the same time of the evening. 

          The hearing ended with Judge Ocampo ordering Private Prosecutor Hermosisima: "So, you will serve as my representative or counsel in that case Certiorari case appended by Atty. Armovit." 

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

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