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-titled case before HON. 
                                                                 MARTIN A. OCAMPO, Presiding Judge of
                                                                 Branch 7, Regional Trial Court of Cebu 
                                                                 City on September 15, 1998 at 2:35 o'clock 
                                                                 in the afternoon.
                                                                 

Present:
                                                                 HON. MARTIN A. OCAMPO
                                                                 Presiding Judge

ASSISTED BY:
                                                                  MS. FARAH T. ABANGAN
                                                                  Court Stenographer

                                                                   MS. LUCILA C. BAJARIAS
                                                                   Court Interpreter

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

                                                                   ATTY. HONORATO HERMOSISIMA 
                                                                   ATTY. BIENVENIDO SANIEL
                                                                   ATTY. VERONICO SARDONCILLO
                                                                   (Appearing as private prosecutors)

PAGE 2
                                                                   ATTY. FERDINAND SAORNIDO
                                                                   (Counsel for accused Rusia)


                                                                   PAO LAWYERS:

                                                                   ATTY. ANACLETO DEBALOCUS
                                                                   ATTY. JOHN DE JESUS 
                                                                   
(Appearing as counsel de oficio
                                                                   for rest of the accused)

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 for the private prosecutor, Your Honor, in collaboration with Attys. Saniel and Sardoncillo.

ATTY. SAORNIDO:
          Appearing as counsel for accused Rusia, your Honor.

ATTY. DEBALOCUS:
          Appearing as counsel de oficio for the rest of the accused, Your honor, in collaboration with Atty. John de Jesus.

COURT:    (addressing to the Court Interpreter)
          Give them copies of the Order. We are just formalizing the Order we said yesterday that

PAGE 3
COURT:    (CONTINUATION)
in the event that the accused fails to appoint counsels of their choice by next week September 24- now, these accused filed Motions requesting the Court for three (3) weeks that is from September 3 to appoint counsels of their choice. The Court readily granted their request giving them three (3) weeks or up to September 24 so that they could conduct cross-examination of the prosecution witnesses and present evidence through their de parte counsels or counsels of their own choice. Now, why did the court receive the direct testimonies of the prosecution witnesses in the meantime? Because we cannot suspend the trial of these heinous crimes cases for three (3) weeks because of the provisions of Supreme Court Administrative Order No. 104-96 which provides that the trial of heinous crimes, this must undergo mandatory, continuous trial and must be terminated within sixty (60) days. Hindi lang ako nagsabi noon kasi (I am not the only one who says that because) Supreme Court Alfredo Benipayo last Saturday during the seminar here in ISP said that himself kung hindi kayo maniniwala sa akin maniniwala kayo ke (If you do not want to believe me, you believe) Benipayo, that was what he said, that these heinous crimes cases must undergo, continuous trial and must be terminated within sixty (60) days. That is why we could not suspend for three (3) weeks the trial of these cases as the accused wanted to give them time to look for new lawyers. But the court came them time to look for new lawyers three weeks to conduct cross-examination and present their defense evidence through their de parte counsels. Sasabihin ninyo (You are saying) trial by publicity, anong (what) trial by publicity? This trial is going on before this court.
Pina-publish lang nang diyaryo yan (But the newspapers are publishing it) but this is trial before a Court and besides alam naman nang tao ang sasabihin nang mga witnesses ngayon. (the people knows already what the witnesses will testify now) They have submitted Affidavits to the Fiscal's Office and they are just affirming their Affidavits.  As it is yong mga (those) testimonies nitong (of these) prosecution witnesses is still incomplete, hearsay pa yan­hearsay. (that is still hearsay.) Why hearsay? Because wala pang (there's no) cross-examination. That is why the Court is giving the accused up to September 24 to cross-examine these prosecution witnesses including accused Davidson Rusia. But if they do not cross-examine by the time they should that is by accused Davidson Rusia. But if they do not cross-examine by the time they should that is by

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

PAGE 4
COURT:    (CONTINUATION)

September 24 then they will be deemed to have
waived cross-examination of these witnesses. O, papano? (So, how?) In that case the testimonies of the witnesses will no longer be hearsay, they will be complete. O,  papano? (So, how?) They do not want to cross-examine. Binigyan na sila nang (They were given already) enough opportunity  three (3) weeks and if they do not want to present defense evidence, what can we do? Kahit saang husgado, (Even in any Court,) kahit saang hukuman kayo magpunta sa buong mundo, (even in any Court in the world that you may go,) kayo ang akusado ayaw magkros-eksamin, (you are accused and you refuse to cross-examine,) ayaw kumuha nang abogado binigyan mo naman nang de oficio counsel ayaw namang kilalanin, (they do not want to get a lawyer, we gave them de oficio counsels but they refuse to recognize them,) o papano? (So, how?) Ayaw mag-present nang (They do not want to present) defense evidence. What can the Court do? Anywhere in the world, kahit siguro sa China, (even maybe in China,) kahit na sa Canbodia, (even in Cambodia,) habit pa sa (even yet in) Tembatul, the ruling of the Court will be the same- waive, di ba? (wouldn't it be?) You waive your cross-examination, you waive your presentation of defense evidence. Wala nang ibang ruling na makuha ninyo sa huskado (There will be no other ruling that you can get from the court) ) if that is the case. Meron pa ba? (Is there any another?) Ayaw. (None.) They were given enough time three (3) weeks. Ayaw magkros-eksamin, (they do not want to cross-examine,) ayaw mag-present nang evidence. (They do not want to present evidence.)  What can the Court do? Any court? Even the Court of last resort, the Court of Outer Space, the
tribunal of Outer Space, di ba? (Isn't it so?)
Yong (That) mankind was on trial. Kahit pa sa Outer Space magpe-present nang evidence, di ba at kung
wala, e, convicted na.  (Even in Outer Space you will have to present evidence, wouldn't you, and if you don't have any, then you will be convicted already.) Alright, you want to say anything?

ATTY. HERMOSISIMA:
          Your Honor please, it is quite clear from the Order of this Honorable Court that if on the 24th the accused will still have no counsels de parte and they will not recognize the PAO lawyers as their own to conduct the cross-examination then they are deemed to have waived their right to cross-examination
- - -

COURT:
          No - - on the 24th the court will ask them first,
do you want the PAO lawyers to conduct cross-examination of the prosecution witnesses for you? Pag sabihin nilang ayaw nila, e, papano? (If they say they do not want, then what?) di, waive ang (then, they waive their) cross-examination but it they say "yes" they are agreeable then the Court will order the PAO lawyers to cross-

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

PAGE 5
COURT:    (CONTINUATION)

examine the prosecution witnesses. 

ATTY. HERMOSISIMA:
         
In the event, Your Honor, that the. accused will say "No", after all, Your Honor, the PAO lawyers are here, are they not duty bound to, as officers of the law, of the court to conduct cross-examination, after all they were all here or they were all be here during the direct-examination of prosecution witnesses?

COURT:
          What would be the sense of that when the
accused refuse to recognize or to honor those
cross-examinations to be conducted by the PAO counsels? That is why we will ask them- will you recognize? Are you consenting that the PAO lawyers will conduct cross-examination pag sabihin nila ayaw nila, o, (if they say they do not want, so) what can we do? What's the use of the PAO lawyers cross-examining the prosecution witnesses if the accused will not honor those cross-examinations anyway? We are just wasting time, di ba? (Wouldn't we?) 

PROS. DUYONGCO:
         
Your Honor please, may I have something to say? 

COURT:
          Yes.

PROS. DUYONGCO:
         
I think, Your Honor, the duties of the PAO lawyers to conduct the cross-examination, to represent the accused in these cases from the time they started representing the accused to the time of the final determination of these cases should not be dependent on the Will or caprices of these accused who refuse to recognize them because under the Law, Your Honor, a lawyer whether he be a private lawyer or a public lawyer such as the PAO lawyer, they are duty bound under the law as officers of the Court to represent  the accused to protect the rights and interest whether they are recognized by the accused or not they are duty bound to

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

PAGE 6
PROS. DUYONGCO:    (CONTINUATION)
protect the interest of the accused.

COURT: 
          Just remember that cross-examination has two (2) fold purposes and the PAO lawyer in
cross-examining the witnesses might only make their testimonies more damaging the accused. So, e, mahirap yon. (that will be hard.) If the accused do not want the PAO lawyer to cross-examine the witnesses, I think we should not require them to do so because they might only make the testimonies damaging to the accused. In which case, the accused will say, Ayaw namin, sabi nga namin ayaw naming magkros-eksamin bakit ninyo pinilit sila. (We didn't want, we already said we didn't want them to cross-examine, why did you force them.) Tingnan mo yong witness sinabi niya nang ganoon, e, di dapat sabihin yon, e, pinilit ninyong magkros-eksamin, ayaw namin. (Look at the witness he said it like that, but, he shouldn't have said it, so, you insistent to cross-examine, we did not agree.) So, that is the trouble.

PROS. DUYONGCO: 
         
Your Honor please, but it is my humble contention that the duties of these counsels, PAO lawyers should not be dependent to the Will and caprices of the accused who in
the event that on the 24th of this month would still would not come up with their chosen lawyers, I believe, Your Honor, they are duty bound to cross-examine all the witnesses that had been presented by the prosecution - - -

COURT:
          Well, anyway - - - -

PROS. DUYONGCO:
         
It would be a different thing, Your Honor, that after they shall have cross-examined all these witnesses are these accused who are suppose to testify or their witnesses to testify in their behalf would not refuse to testify despite the willingness of these PAO lawyers, that would be a different story.

COURT:
          Anyway they still have until the 24th. Let us study that point if the PAO lawyers should

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

PAGE 7
COURT: (CONTINUATION)
cross-examine at the event they do not come up with lawyers of their choice.


          What. I am
saying, Your Honor, is that - - -

COURT:
          Will you submit a Memorandum?

PROS. DUYONGCO:
          Yes, Your Honor. What I am saying, Your Honor, is that as far as their duty to cross-examine, I
think they are duty bound but as far as presentation of these witnesses for the defense that would be a different story if the accused would still refuse to take the witness stand.

ATTY. HERMOSISIMA:
        
At this point also, Your Honor, we can even ask the PAO lawyers now whether they are willing to conduct the cross-examination to the best of their ability.

COURT/to PAO lawyers:
         
Are you willing?

ATTY. DE JESUS:
         
Your Honor, before we answer to the query of the prosecution, Your Honor, we also would like to make it of record that the reason of this Honorable Court, with due respect to this Court, Your Honor, of the insistence of continuous trial, Your Honor, is in view of the Circular mandated by the Supreme Court Speedy Trial. However, as counsels de oficio, we believe that the provisions in the Speedy Trial Act, I think is not yet applicable in this stage of these cases because the fact that there are still three (3) pending Motions waiting for the Resolutions of this Honorable Court and under Sec. 9, par. 1 of the Circular that that is one reason that the period of 180 days may be stayed, Your Honor, if there      

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

PAGE 8
ATTY. DE JESUS: (CONTINUATION)
are pending. Motions or actions concerning the - - -

COURT:
          Not 180 days, 60 days lang, (only,) as Justice Benipayo said and besides as he said once the trial begun,
tuloy-tuloy na yan (it will be continuously already) and this pending Motions are being held synchronously or simultaneously with the trial. So, there is no problem there. Once the trial has already begun, so, according to Justice Benipayo, hindi lang ako, (not only me,) Benipayo, tuloy-tuloy na yan, (should be continuously,) sabi niya hindi na maaring e-stop-stop yan. (he said it cannot be stopping anymore.) Alright what we can do? E, sabi niya pag hindi tuloy-tuloy yong Judge ang mapaparusahan. (So, he said if it is not held continuously the Judge will be punished.)  Ako, hindi naman kayo ang mapaparusahan, ako. (Me, not any of you will be punished, but me.) The Judge will have an administrative case. E, papano? (So, how?) Hindi naman kayo ang maparusahan, kung hindi ako. (You guys will not be punished, but me.) That is why I am insisting we finish as much as possible within the period provided by law.

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

COURT: 
          Yes.

PROS. GALANIDA: 
          In answer to what the defense PAO lawyer has said may be this defense counsel
does not know that the trial of these cases was supposed to start last year yet but because of the several Motions and pleadings filed by the defense to the Supreme Court that is why these cases has long been delayed for one (1) year. So, I think he must have not known about it, I am volunteering that information, Your Honor. And, secondly, Your Honor, we would like to put it on record that at about 1:45 just this afternoon when the accused were on their way up, I personally saw these accused most particularly Francisco Juan Larranaga conferring with Atty. Ramon Teleron there at the entrance of this building. We are putting it on record, Your Honor, because the prosecution panel is simply perplexed why Atty. Teleron is conferring with         

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

PAGE 9
PROS. GALANIDA: (CONTINUATION)
then when he has already withdrawn from these cases. That is only for purposes of record, Your Honor.

ATTY. DE JESUS:
          Your Honor please, we would like to comment on that observation, Your Honor. That is, I  believe, Your Honor, the observation of the good prosecutor is not relevant in issue
in these cases. Although admittedly Atty. Teleron was his previous counsel but I don't think there any are other motives that Atty. Teleron conferred with accused Larranaga and therefore the manifestation of this good prosecutor, I believe, Your Honor, should not be included in the record of these cases. That is very extensive already, Your Honor. 

COURT:
          Anyway the Court is aware of these activities of the former defense lawyers. Dito, (Here,) in this
Court they are saying that they are no longer the lawyers of the accused because on August 27 the accused filed a written consent for their withdrawal. So, officially in this Court they are no longer the lawyers. Bakit? (Why?) Because if they are still the lawyers they will still be in contempt because they refused to proceed to trial when they are still the lawyers. So, we are going to avoid that sabihin nila (let them say) we are no longer the lawyers. In that case, then the Court can the Court can appoint counsels de oficio, kayo na. (that's you already.) But before the Court of Appeals these same lawyers are saying, No, kami pa rin ang lawyers nila.  (No, we are still their lawyers.) That is why they filed this Petition for Certiorari because claiming that they are still the lawyers then they still have the right to represent the accused. Bakit hindi papayag doon sa (Why will they not agree with the) Court of Appeals September 3? That is one (1) week after they allegedly withdrew, di ba? (Isn't it so?) So, sa (in the) Court of Appeals sinasabi nila (they are saying) we are still the lawyers, that is why we are asking for disqualification of Judge Ocampo because we are still the lawyers of the accused there. Pero pagnandito sila (But when they are here)  we are not the lawyers anymore. You know there is a Greek Methology, di ba, (Isn't it there,) Janus, dalawang mukha. (doubled faced.) What do you say "dalawang mukha" ("doubled faced") in Tagalog? How do you say that in Tagalog? Ayon, "doble cara". (There, doubled face.)

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

PAGE 10
COURT: (CONTINUATION)
Dito (Here) they are not the lawyers of the accused, sa (in the) Court of Appeals they are the lawyers. That is why 
they filed that Petition for Certiorari e, "doble cara", di ba? (so, "doubled face", aren't they?) )You report that I said it. They are "doble cara", ("double faced",) okey, report it to the press. Judge Ocampo said those former lawyers are "doble cara". ("doubled face.) Alright, You have anything to say?

PROS DUYONGCO:
          Your Honor please, we still have a pending query for the PAO lawyers if they are willing to
cross-examine all prosecution witnesses who had just testified because in the event they are not willing. Your Honor, we will ask an Order from this Court that the Presidents of two (2) IBP Chapters, Cebu City and Cebu Province should be directed right now to be ready on the 24th to represent the accused to cross-examine, all the prosecution witnesses and to get ready for the presentation of the defense.

ATTY. DE JESUS:
         
Your Honor please, with due respect to the good Prosecutor, we are always ready, anytime we are always ready. 

COURT:
          That is not yet decided. I want to study that first whether it is necessary for the PAO lawyers to cross-examine despite of the opposition of the accused. Kung ayaw nila (If they don't want) off-hand I think it is not necessary, ayaw nila mag-conduct nang cross-examination ang PAO lawyers, (they don't want the PAO lawyers to conduct the cross-examination,) why should we insist?
E, di waiver na. (So, that already will be a waiver.) They were given three (3) weeks, they asked for three weeks to hire their lawyers ayaw. (they didn't.) There were assigned PAO lawyers and they were asked to cross-examine na, ayaw, e, di waive na. (to cross-examine already, but they didn't want, so they waived already.) I think we should consider that waive already. Useless. They will not honor the cross-examination anyway to be conducted by the PAO lawyers. So, what's the use? Unless they consent. Pagsabihin nila, o, sige payag kami na magkros-eksamin ang PAO lawyers, (If they would say, ok we agree for the PAO lawyers to cross-examine)  again, we will order the PAO lawyers to cross-

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

PAGE 11
COURT: (CONTINUATION)
examine. E, kung ayaw nang accused mismo, (So, if the accused themselves don't want,) then why are we going to conduct
cross-examination by PAO lawyers, e, di, (so, then) we are just fooling ourselves, di ba? (Aren't we?) 

ATTY. HERMOSISIMA:
         
Your Honor please, on the principle that lawyers are mere agents of their clients, then we believe that on second thought, Your Honor, we believe that this Court might be correct, although as the Court suggested we will have or make a further study on this. 

COURT: 
          You still have until next week to do that. 

          /to the prosecution: 
          So, Fiscal, are you ready to present your next witness? 

PROS. MIRO: 
          We are ready, Your Honor. We are thankful on the part of the Court by giving constant reminder to the accused to be ready on 24th of this month that they be assisted by counsels of their own choice. For the part of the prosecution we are presenting evidence but because of the notice given by the Court that they should be assisted of their own choice,
that they should be ready on the 24th, otherwise when we reach to that stage, Your Honor, we will file our necessary Motion either to formally offer our evidence or whatever. So, this afternoon, Your Honor, we will continue with the presentation of our evidence part of our evidence in chief in support of the Motion to the Discharge of one of the accused as state witness in the person of Davidson Rusia and also in Opposition to their Motion to Post Bail. So, Your Honor please, we will be presenting Mr. Alfredo Duarte and he will be presented by Atty. Bienvenido Saniel, private prosecutor, Your Honor. 

COURT: 
          Call the witness.

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

PAGE 12                                         (Witness to the stand) 

PACO LARRANAGA:
         
Your Honor, we would like to make it of record, Your Honor, that we object the presence of Davidson Valiente Rusia because he is a prosecution witness, Your Honor.  

PROS. MIRO:
         
He is still an accused, he is not yet discharged.

ATTY. SAORNIDO:
           Your Honor please, my client has not yet declared as a state witness. He is still an accused. He is entitled to this stage of the proceedings.

COURT:
         
He is still an accused, he has not yet been discharged as an accused. So, he is entitled to
be present.

PACO LARRANAGA:
         
He can compare his stories, Your Honor
- - - -

COURT:
         
Besides he will still be cross-examined anyway by you if you want.

ATTY. SAORNIDO:
          We would like to enter into the record, Your Honor, inasmuch as there was a manifestation by the PAO lawyers that they are all the time ready and willing to cross-examine inasmuch as the Order says that the cross-examination will be done on or before September 24, we would like to manifest that my client is ready even now  to be cross-examined. 

COURT: 
          Alright, let us ask the PAO lawyers
-

PAGE 13
COURT:
          /to PAO lawyers: 

          You want to cross-examine? 

ATTY. DE JESUS:
          As much as we want to, Your Honor, but there is a pending objection on the accused that it should be their
counsels de parte. 

COURT:
         
He is ready to be cross-examined and we are asking you, are you ready?

ATTY. DE JESUS:
          No, Your Honor.

COURT:
          
Well we will ask also the accused - 

         /to the accused: 
         Do you want them to cross-examine Rusia? 

PACO LARRANAGA:
         
No, Your Honor, we would like our own lawyer to cross-examine Rusia. 

COURT: 
          Alright, they do not. So, what can we do they do not want. 

PROS. GALANIDA:
         
In that case, Your Honor, may we know from the accused when they will be able to secure the services of the counsel of their own choice because Rusia here is very willing and ready to be cross-examined anytime and if they will say they will insist on the counsels of their own choice, but when are they going to secure it? That's what we want to know?

COURT:
          /to the accused: 
          Will you answer the
question of the Fiscal? 

PAGE 14
PACO LARRANAGA: 
         
Your Honor, we already asked a lawyer and we are waiting for her acceptance but before on the 24th we will provide our lawyers. 

PROS. GALANIDA: 
         
Because I am forced to say this, Your Honor, because we heard over the radio that Atty. Teleron was interviewed and he said no lawyers would like to accept to be the counsel for these accused. We heard it from the radio - -

COURT: 
         
That is what he said -

PROS. GALANIDA:
          He was interviewed.

COURT: 
         
But we will ask the IBP, who will prevent him that in the entire IBP no lawyer will represent the accused? 

PROS. GALANIDA:
         
That's why in commentary to what Paco Larranaga said that they will be ready by then on the 24th
of the counsels of their own choice. 

COURT:
         
It's up to them they may have a lawyer or they may not, it's up to them. As I said we have this that in the event that happens or does not happen, where is contingency order or measure prepare?

            /to the prosecutors: 
          State the purpose of his testimony on record. 

ATTY. SANIEL:
          Your Honor, we are offering the testimony of this witness to establish the fact that this witness saw the accused Rowen Adlawan as well as the van that is involved in the commission 

PAGE 15
ATTY. SANIEL: (CONTINUATION)

of the crime in the early morning of July 17 at Barangay Awayan in Cat-car, Cebu , and also to corroborate the testimony of accused Rusia and for other related matters.

ATTY. DEBALOCUS: 
         
Your Honor, it's very noisy outside. We cannot hear, Your Honor. 

COURT: 
         
That is the generator for the Governor's office. Ke Governor yan. (That's the governor's.) What can we do? So, just come closer. 

ATTY. DEBALOCUS: 
          
But the accused cannot hear the testimony, Your Honor.

COURT: 
         
We will just ask him to speak louder. Because that is the generator of the Office of the Governor. We cannot stop it. Lumapit lang kayo dito. (You just come closer.) You come closer. 

ATTY. DE JESUS:
          But the accused can hardly hear, Your Honor.

COURT: (TO THE COURT INTERPRETER) 
         
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?

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

PAGE 16
WITNESS
      A   
Alfredo R. Duarte, 49 years old, married, driver and a resident of Poblacion 3, Awayan, Carcar, Cebu.

ATTY. SANIEL:
         
With the kind permission of this Honorable Court. 

COURT: 
         
Proceed.

ATTY. DE JESUS:
         
May we move for the exclusion of other witnesses, Your Honor?

ATTY. SANIEL:
         
The other witnesses to be presented this afternoon are not in the Courtroom, Your Honor, they are outside. 

                                        DIRECT-EXAMINATION OF THE WITNESS 
                                                  BY ATTY BIENVENIDO SANIEL

      Q    Mr. Witness, would you please tell the Honorable Court where were you at about 1:30 early morning of July 17, 1997? 

      A    I was at the corner of Awayan in order to order a barbecue. 

      Q    How far is that barbecue stand from your place of residence? 

      A    Fifty (50) meters more or less. 

      Q     By the way, where is this Barangay Awayan located? 

      A    It is located in Carcar, Cebu. 

      Q    In going to the South, does one pass by Brgy. Awayan going to Carcar proper? or is the Brgy. of Awayan located after the Poblacion of Carcar?

PAGE 17
WITNESS:
      A   
Yes, before reaching Poblacion of Carcar. 

ATTY. SANIEL: 
      Q    You said you were at the barbecue stand to order for barbecue. After you placed your order for barbecue, could you please the Honorable Court what next did you do if any? 

      A    After ordering the barbecue I went to Nene's store in order to buy milk.

      Q    For whom what that milk that you bought?

      A    For my child. 

      Q    How old was your child then at that time?

      A    Two (2) months old. 

      Q    Were you able to buy milk? 

      A    Yes, sir.   

      Q    By the way, how far is that Nene's store from the place where the barbecue stand is located? 

      A    Less than a meter. 

COURT:
          /to the Court Interpreter:

        
Tell him to speak loader for the benefit of the accused.  

ATTY. SANIEL: 
      Q    From where you are standing where is that?

      A    (Witness indicating a distance of 4 to 5 meters, more or less). 

      Q    After buying the milk, what next did you do?

      A    I went back to the barbecue stand. 

      Q    What was the purpose in going back to the barbecue stand?

PAGE 18
WITNESS:
      A   
To get the barbecue which I ordered.  

ATTY. SANIEL:  
      Q    While you were there already at the barbecue stand to get the barbecue that you earlier ordered, could you please tell the Honorable Court what happened? 

      A    A person approached me and asked where to buy Tanduay. 

      Q    You are referring to Tanduay Rhum?

       A    Yes, sir.

       Q    What did you tell him?

       A    I pointed to Nene's store. 

      Q    And after you pointed to him Nene's store, what did that person do? 

      A    He went to the store. 

      Q    And do you know if he was able to buy Tanduay Rhum? 

      A    Yes, sir.

      Q    Why do you say so?

      A    Because I asked him whether he was able to buy Tanduay Rhum and he answered "Yes".

      Q    When was that when you asked if he was able to buy this Tanduay Rhum?

      A    When that person went back to the barbecue stand.

      Q    When he had already returned to the barbecue stand and you asked him if he was able to buy Tanduay and he answered you in the affirmative, what happened next in the barbecue stand?

      A    He also ordered barbecue. 

      Q    What else happened regarding his order for barbecue?

PAGE 19
WITNESS: 
      A    That person requested me that he would be given priority because they were in a hurry and there was a vehicle, a white van waiting infront of the road.

ATTY. SANIEL: 
      Q    Did you see that vehicle that he was referring to?

      A    Yes, sir.

      Q    Later was he able to get or to buy the barbecue that he ordered?

      A    Yes, sir, he was able to get the barbecue which he ordered.

      Q    In your estimate for how long did that person wait until the barbecue that he ordered was finally cooked?

      A    Ten (10) minutes, more or less. 

      Q    While he was waiting for ten (10) minutes, where was that person?

      A    He was just near the barbecue stand.

      Q    And how far was that person to you since you said you were also at the barbecue stand?

      A    It could only be reached. (Witness stretching his left hand indicating one (1) arm length). 

      Q    And would you please describe the lightning condition in that place where the barbecue stand is located?

      A    It was very bright because there was a flourescent there at the waiting shed which illuminated the barbecue stand. 

      Q    Where is the barbecue stand located in relation to that waiting-shed that you said? 

      A    It is within the waiting-shed.

      Q    During that period of time of ten (10) minutes as you said the place was lighted, were you 

PAGE 20
ATTY. SANIEL:  (CONTINUATION)
able to take a good look at the face of that person who ordered for barbecue?

WITNESS: 
      A    Yes, sir.

      Q    If you are ask, would you be able to identify him? 

      A    Yes, sir.

      Q    If he is now in the courtroom, please look around and tell the Court if he is here and if he is here please point to him?

      A    That person from the left.  (Witness pointing to a person by saying "the third person from the left" wearing an orange t-shirt marked BBRC with shades, sitting on the prisoner's bench, who when asked answered that his name is Rowen Adlawan).

      Q    While waiting for the barbecue to be cooked, did you have a chance to observe the vehicle or van that was mentioned by the person whom now has identified himself to be Rowen Adlawan? 

      A    Yes, sir, I saw the van.   

      Q    While the van was parked, what if any did you notice about the van? 

      A    It seems there were people quarreling inside the van.

      Q    Would you be able to recognize the voices of those people whom you heard to be quarreling inside the van?

      A    I cannot identify the persons inside the van but I heard voices.

COURT: 
          /to the witness:   

      Q    They were male and/or female, the voices? 

      A    There was also voice of a male and voice of a female.

PAGE 21
ATTY. SANIEL: 
      Q   
Aside from the voices that you heard. which you seems to be quarreling, what else did you notice if there was any?

WITNESS:
     
A    I  heard a cry of a woman and I could hardly understand because as if her voice was being controlled.

      Q   Did that woman - - - - -

COURT:
          /to the witness:

      Q    What do you mean by "being controlled"? Somebody else was controlling or it was
the woman herself?

      A    As if her mouth was controlled - -

ATTY. DEBALOCUS: 
          Your Honor, we object.

COURT: 
          There's an objection. What
is your objection? 

ATTY. DEBALOCUS: 
          We are objecting to that answer of the witness, Your Honor, because that is speculative.

COURT: 
          We are asking him-
what
do you mean by "controlled"? I asked him what do you mean by "controlled"?

ATTY. DEBALOCUS: 
          We are now giving this witness Your Honor, to speculate.

COURT: 
          No- he can give what he heard and give the reason for it. Tell him - - let him tell us what he heard.

PAGE 22
ATTY. SANIEL:
          That is the fact that he heard.

COURT/to the witness:
     Q 
What you heard actually, Mr. Witness?

       A    I heard the cry of a woman as if her mouth was covered or controlled or muffled.

     Q  What did the woman say if you heard?

      A    She was crying.

      Q    Were her words intelligible?

      A    No, Your Honor, I heard only the cry of a woman.

          /to private prosecutor: 
          Proceed.

ATTY. SANIEL:
      Q    Did you hear words uttered by that woman as
she cried?

ATTY. DEBALOCUS:
      A    Already answered, Your Honor.

ATTY. SANIEL:
          His answer is not - - -

ATTY. DEBALOCUS:
         He did not hear.

COURT: 
         He did not hear the words, they were not intelligibles, they were just cries.

ATTY. SANIEL:
     
Q    After that person who ordered for barbecue was able already to get the barbecue that he

PAGE 23
ATTY. SANIEL: (CONTINUATION)

ordered, where did that person go? 

WITNESS:
      A   
He went towards the van. 

      Q    And when he reached the van, what did he do? 

      A    He entered the van or he boarded the van.

      Q    Through which side or door did he board the van?

      A    Right front seat of the van.

      Q    You mean to say he boarded the van through the side door on the driver's seat? I mean, on the side of the driver's seat?

   A    Yes, sir.

      Q    And after he had boarded the van, what happened?

      A    They proceeded towards the Poblacion of Carcar.

      Q    You said you saw the van, would you be able to recall - - - I will reform the question, Your Honor. You said you saw the van, did you able to see the Plate Number of that van?

      A    Yes, sir.

      Q    Would you please tell the Court the Plate Number of that van?

      A    GGC-491.

      Q    Before that evening, I mean early morning of July 17, 1997, did you already see that van anywhere in Carcar?

      A    Yes, sir.

      Q     Do you know the driver of that van? 

         A   Yes, Allan Cano.

   Q   Why do you know him?

PAGE 24
WITNESS:
      A   
Before he was my conductor when I was driving a jeep plying Carcar to Cebu. 

ATTY. SANIEL:
     Q   
Are we to understand from your answer that before July 17 you had already known Allan Cano personally? 

       A   Yes, sir. 

     Q    If Allan Cano is now in the Courtroom, would you please point to him?

      A   The fourth person from the left. (Witness pointing to a person sitting on the prisoners deck wearing orange t-shirt marked BBRC who when asked answered that his name is Alberto Cano). 

   Q    Do you know if this Alberto Cano has an alias? 

      A    Yes, sir, Allan Pahak.

ATTY. SANIEL:
          That would be all for this
witness, Your Honor. 

COURT:
          Cross-examination of this witness is also deferred like the other prosecution witnesses who had testified so far.

PROS. MIRO:
         
Another witness, Your Honor -  

COURT: 
          Alright, witness is excused.

PROS. MIRO: 
      
We are presenting Rosendo Rio, Your Honor. He will be presented by Prosecutor Teresita Galanida.

COURT: 
          Call the witness.

PAGE 25                               (Witness to the stand) 

COURT:
            Please state the purpose of his testimony for the record.

PROS. GALANIDA:
          Yes, Your Honor. The witness is presented in
order to testify that he is
from Cogan, Carcar, Cebu: that he engaged in a small scale business of making shoes and slippers and as such he delivers these finished shoes and slippers to his customers in Barili, Cebu: he will also testify that at about 3:30 early dawn of July 17, 1997 he left his house at Cogon Carcar, Cebu, in order to deliver stocks of shoes and slippers to his customers at Barili, Cebu; that while he was on his way from his house to Barili, Cebu, and more particularly when he was in Sitio Tan-awan he saw a white colored van parked wrongly on the side of the road with two (2) persons standing infront near the foot of that van: that while he was approaching these two (2) persons who were standing infront the white-colored van he was running very slowly because there was a curvature at that point that he clearly saw the faces of these two (2) persons especially when he passed by the van at a very close distance and he saw that these two (2) persons were "mestizo" looking persons whose names he knew later to be Francisco Juan Larranaga and  Josman Aznar. That he will also testify that while he passed by or that while he continued on his way he also saw two (2) persons at the back of the van, one was holding the open door and the other one seems to be peeping inside the van: that he was able to reach his destination at Barili at the appointed time at about 5:00 o'clock in the early morning of July 17, 1997: he will also testify that even before July. 17, 1997 he already saw these two (2) accused Francisco Juan Larranaga and Josman Aznar twice under the tamarind tree near the place where the white - colored van was parked and which he saw at dawn of July 17, 1997 he would also describe that the place where the white-

PAGE 26
PROS. GALANIDA:  (CONTINUATION)

colored van was parked near a cliff or a very deep ravine; he will also testify, Your Honor,
on some preliminary matters related to the purposes cited. 

COURT: 
          You have something to say? 

ATTY. DE JESUS:
         
May we know. Your Honor, from the prosecution whether the testimony of this witness will be used in support of the Motion of accused Rusia?

PROS. GALANIDA: 
          That has already been settled by this Honorable Court that this trial is synchronous with all the Motions and also at the same time the regular trial.

COURT: 
          NO - - this witness will be testifying in the main case. Kidnapping, main case. The Motions are only be heard synchronously with the trial. 

          /to the Court Interpreter:
          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    Rosendo Rio, 53 years old, married, engaged in a shoe shop and a resident of
Cogan, Carcar, Cebu. 

PROS. GALANIDA: 
          May it please this Honorable Court.

COURT: 
          Proceed.

PAGE 27                                                     DIRECT-EXAMINATION OF THE WITNESS
                                                                      BY PROSECUTOR T. GALANIDA

      Q    Mr. Rio, you mentioned in your personal circumstances that you are engaged in a small scale business because you said you have a small shoe shop. Will you please tell this Honorable Court where is your small shoe shop located?

      A    It is located at Cogan, Carcar, Cebu City.

      Q    How long have you been into this small scale business?

      A    I started since 1974. 

      Q    Until the present? 

      A    Yes, mam.

      Q    You said that you have a small shoe shop. Aside from shoes, what else do you make if any?

      A    Slippers.

      Q    Who helped you in making those shoes and slippers in your small shoe shop?

      A    My children.

      Q    What about your wife?

      A    She is also helping in that shoe shop. 

      Q    What about these finished shoes and slippers in your small shoe shop, what do you do with them?

      A    The finished products will be delivered to my customers in Barili. 

      Q    Can you tell this Honorable Court the name of your customers in Barili to whom you delivered your finished shoes and slippers?

      A    Beatriz Libaton, Susing, I forgot the family name.

      Q    How many times do you deliver these finished shoes and slippers to Your customers Susing

PAGE 28
PROS. GALANIDA:  (CONTINUATION) 
and the other one you mentioned on record? 

WITNESS:
      A    Every Thursday of the week. 

      Q    What time are you suppose to deliver these shoes and slippers to your customers in Barili, those customers already on record every Thursday according to you? 

      A    I arrived there at 5:00 o'clock in the morning in Barili. 

      Q    At about 3:30 early dawn of July 17, 1997, can you recall where were you? 

      A    Yes, mam. 

      Q    Can you tell this Honorable Court where were you at that time? 

      A    That was the time I left the house at 3:30 o'clock early dawn in going to Barili. 

      Q    What was the purpose in going to Barili at that early dawn of July 17, 1997 about 3:30? 

      A    To deliver the finished shoes and slippers. 

      Q    What means of transportation then did you take at that time? 

      A    My motorcycle with a sidecar. 

      Q    From your place in Cogon, Carcar, to Barili, can you tell this Honorable Court how far is it? 

      A    Twenty-three (23) kilometers. 

      Q    Can you tell this Honorable Court on what part of the road where you running when you left your house in Cogon, Carcar, Cebu to Barili, Cebu? 

      A    Right side of the road. 

      Q    From Cogon, Carcar, Cebu, to Barili, Cebu, can you tell this Honorable Court what places

PAGE 29
PROS. GALANIDA: (CONTINUATION)
had you passed in your travel that early morning? 

WITNESS:
      A   
Barangay Guadalupe, Sitio
Tan-awan. Manta
longon, Dakit, Tubod, Patopat and then the Poblacion of Barili.

      Q    You mentioned about Barangay Guadalupe and Sitio Tan-awan. Can you tell this Honorable Court in what municipality do these two (2) places belong?

       A    It is within the town of Carcar. 

      Q    What about these places which you also enumerated Mantalongon, Dakit and the rest of those places already on record, in what municipality do these belong?

      A    It is within the town of Barili.

      Q    While on your way to Barili from your place in Cogan, Carcar, Cebu, and while you were running on the right side of the road according to you, when you reached particularly Sitio Tan-awan, what happened if any?

          A    I saw a white van.

      Q    Where did you see the white-colored van? In what side of the road?

       A    At the right side wrongly parked. 

      Q    You said that you saw a white-colored van on the right side wrongly parked, can you tell this Honorable Court why you said that the white-colored van was wrongly parked?

      A    Because the hood was facing towards Carcar and it should have been parked at the left side. 

      Q    When you said left side, left side with respect to you? Is that it? 

      A    Yes, mam.

      Q    Aside from seeing the white-colored van which was wrongly parked according to you

PAGE 30
PROS. GALANIDA: (CONTINUATION)

because the hood was facing Carcar and yet they were parked on the right side, what else did you observe if any? 

WITNESS: 
      A    I saw two (2) persons. 

      Q    Where did you see these two (2) persons? 

      A    In front of the van. 

      Q    How far were you when you first saw these white colored van and the two (2) persons infront of that hood of that van? 

      A    Twenty-five (25) meters, mam.  

      Q    After you saw these two (2) persons infront of the white-colored van at a distance of about twenty-five (25) meters, what then did you do? 

      A    I proceeded towards where they were because I was going at that time to Barili and I had to pass by them. 

      Q    You said after you saw them at a distance of about twenty-five (25) meters, you continued approaching towards where they were because you had to pass by them in going to Barili.  Now, my question is, while you were approaching these two (2) persons infront of the van, how fast were you running? 

      A    I slowed down about ten (10). The speed is about ten (10). 

COURT:
          /to the witness: 
      Q    You mean ten (10) kilometers per hour? 

      A    The speedometer registered ten (10), Your Honor. 

          /to the prosecutor: 
          Proceed.
  

PAGE 31
PROS. GALANIDA:  (CONTINUATION) 
         
Can you explain to this Honorable Court why you traveled slowly while approaching these two (2) persons at that Speedometer reading ten (10) kilometers according to you? 

WITNESS: 
      A    Because I was negotiating in a curve road. 

      Q    In effect, did you pass these two (2) persons by, the two (2) persons whom you said you saw standing infront of the van first time at a distance of about twenty-five (25) meters, more or less? 

      A    Yes, mam. 

      Q    How far were you from them at that time you passed them by? 

      A    (Witness indicating a distance of about 1.5 to 2 meters). 

COURT: 
          Do you agree?

ATTY. DEBALOCUS: 
          Two (2) meters, Your Honor. 

COURT: 
          Two (2) meters as agreed upon by the prosecution and the defense. 

PROS. GALANIDA: 
      Q    Did you see clearly the faces of those two (2) persons who were standing infront of the van? 

WITNESS: 
      A    Yes, mam. 

      Q    Can you tell this Honorable Court why you said you saw them clearly? 

      A    Because I was just very near to them and they were also illuminated from the light of my

PAGE 32
WITNES: (CONTINUATION) 
motorcycle. 

PROS. GALANIDA: 
      Q    Since you said you really saw them clearly because you were very near to them and they were lighted by the light of your motorcycle, can you tell this Honorable Court what exactly where they doing at that time you passed them by?  

      A    They were leaning against the hood of the van holding glasses. 

      Q    If you can see those two (2) persons again whom you said you saw that time, can you recognize them? 

      A    Yes, mam. 

      Q    Will you please look around you and tell this Honorable Court if these two (2) persons are here and if they are, will you please point to them? 

      A    (Witness pointing to the two (2) persons at the left side sitting on the prisoners deck wearing orange t-shirts marked BBRC who when asked answered that their names were Francisco Juan Larranaga and Josman Aznar). 

      Q    After you saw these two (2) persons whom you just identified now in Court to be accused Francisco Juan Larranaga and Josman Aznar, what did you do next? 

      A    I proceeded and when I arrived near the rear of the van I saw another two (2) persons. 

      Q    You said you saw again two (2) persons at the rear portion of the van, where did you see them? 

      A    At the rear of the van, the other person was holding the door of the van.  

      Q    What about the other one, what was he doing? 

      A    The other person was facing or peeping inside the van. 

PAGE 33
PROS. GALANIDA: 
      Q    Mr. Rio, may we know what is your highest educational attainment?

WITNESS: 
      A    First year high school, mam.

      Q    Do you know how to prepare a sketch?

      A    Yes, a little. 

      Q    Will you kindly prepare a sketch to show the place Tan-awan where you saw the white-colored van and the two (2) persons whom you said where leaning infront of the van and also to indicate where you were the first time you saw them at a distance of about twenty-five (25) meters and also where you were at that time you said you saw them when you passed them by and also to indicate the location of the two (2) persons whom you said you saw at the rear portion of the van? 

      A    (Witness preparing a sketch showing the place in Tan-awan and the two (2) persons he saw). 

PROS. GALANIDA: 
          May we request you to indicate with two (2) circles to correspond to that two (2) persons meaning accused Larranaga and Josman Aznar as you saw them in your sketch and that circle which would represent accused Francisco Larranaga you kindly put "L" to mean Larranaga and the circle representing Josman Aznar you put "A" to represent Aznar. 

COURT INTERPRETER: (Witness writing letter L to one of the circle which means Larranaga and another circle writing letter A which means Aznar). 

PROS. GALANIDA: 
          I would like to manifest for the record, Your Honor, that this witness has drawn a sketch of the place in Sitio Tan-awan with two (2) curve lines and the line in the middle to which one arrow he placed "To Barili" and the

PAGE 34
PROS. GALANIDA:  (CONTINUATION) 
other arrow he placed "To Carcar". 

COURT: 
          Let him sign it. 

PROS. GALANIDA:
      Q    Will you kindly sign this?

      A    (Witness signing his name on the sketch). 

PROS. GALANIDA: 
      Q    Can you tell this Honorable Court what this broken line in the middle of these two (2) curve lines represent wherein at the end you put "To Barili" and the other one "To Carcar" this portion here?

WITNESS: 
      A    This is a Yellow Center line which means that a vehicle cannot overtake. 

PROS. GALANIDA: 
          May we request, Your Honor, the Interpreter, to draw an arrow from this Center Line to be labeled here CENTER line, as stated by the witness. 

          (Court Interpreter drawing an arrow and labeled the same as Center Line)

PROS. GALANIDA: 
      Q    In your sketch here you have drawn a representation of a van whose front portion is heading towards the label you said "To Carcar", what is this representing?

WITNESS: 
      A    This is the van. 

      Q    You mean the white-colored van which you saw? 

      A    Yes, mam.

PAGE 35
PROS. GALANIDA: 
          May we request, Your Honor, for the Interpreter to draw an arrow from this figure and then to put the word "Van" as stated? Since the Interpreter requested me personally to do it, Your Honor, may I do it and put the word "Van" and may I request, Your Honor, that this representation of the van be marked - -  wait a minute - -  may we request, Your Honor, that the sketch just prepared now by Mr. Rosendo Rio be marked as Exh. "W" for the prosecution. 

COURT: 
          Marked it. 

PROS. GALANIDA: 
          The name which he just affixed on the sketch - -  or his name or signature which he affixed on the sketch be encircled and marked as Exh. "W-1", Your Honor. 

COURT: 
          Mark it.

PROS. GALANIDA: 
          And the representation of the van be marked as Exh. "W-2", Your Honor.

COURT: 
          Mark it.

ACCUSED ALBERTO CANO: 
          Your Honor - - - 

COURT: 
          Yes, what do you say? Mr. Cano said something -  will you translate?   (Court addressing to the Court Interpreter)

ACCUSED ALBERTO CANO: 
          Can a person wearing Rayban just point to me?

PAGE 36
ACCUSED PACO LARRANAGA: 
      Q    Your Honor, that's the arresting officer - - 

COURT: 
          What? arresting officer - -  why, what is his objection?

COURT INTERPRETER: 
          Can a person do by signing - - - 

COURT:
          /to A. Cano:
      Q    Did you do that?

WITNESS: 
      A    No, Your Honor.

COURT: 
          He is denying it. Alright I am telling him do not do that. But he is denying it. O, papano? (So, how?) Your word against his word. I will tell him, huwag mong gagawin. (don't do that.)    (Court addressing to a certain person wearing shades which accused Cano identified as his arresting officer).  I instructed him already.

ATTY. DE JESUS:
          I would like to move, Your Honor, for the exclusion of that man inside this courtroom.  

COURT: 
          What? To send him out? 

ATTY. DE JESUS: 
          Yes, Your Honor.

COURT: 
          But as I said it is the word of Cano against his word. He is denying it. So, papano? (How?) He has not yet proven - -

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

PAGE 37
ATTY. DE JESUS:
          But according to one of the
accused, Your Horror, he saw it.

COURT:
          We will
I instruct him not to do it again or
I will send him to jail. Do not do it again or I will send you to jail for contempt (Court addressing to said person). Alright he will not do it again.

PROS. DUYONGCO:
          He said, I did not do it. 

COURT:
         
Alright he will not do it again. His presence in the courtroom does not affect - - it will not affect the testimonies of the - - - We will just ask him to change his position.

ATTY. DEBALOCUS:
          Because perhaps, Your
Honor. the accused just want to be fair because last time one of the witnesses of the prosecution complained to this Honorable Court that one of the accused
was making a dirty finger. One of the accused, Your Honor, who allegedly made the sign of the dirty fingers - - - 

COURT: 
          Well,
that was asked already.

ATTY. DEBALOCUS: 
          They just want
fairness, Your Honor. 

COURT:
          Let us not waste time on that. 

PROS. GALANIDA:
         
It was not a dirty finger, it was shouting really and everybody heard. May we request, Your Honor, that this representation here of the position of Larranaga infront of the

PAGE 38
PROS. GALANIDA:  (CONTINUATION)

van be also marked as Exh "W-3".

COURT: 
          Mark it.

PROS. GALANIDA:
        
And the location of Josman Aznar leaning infront of the van be encircled and marked as Exh. "W-4", Your Honor.

COURT: 
          Mark it.

ATTY. DEBALOCUS: 
          No, Your Honor, the witness has not yet identified who are these - - -

PROS. GALANIDA: 
          It was already identified. You did not hear probably when I told him the location - - - -

COURT: 
          We identified already Aznar and Larranaga.

PROS. GALANIDA:
          We placed circle, put "L" for Larranaga, circle for Aznar. You did not hear.

ATTY. DEBALOCUS: 
          I submit, Your Honor.

PROS. GALANIDA:
      A   
In your sketch and farther from the position of Larranaga and Aznar you have
drawn here horizontal as well as vertical lines. I am referring to these, can you tell this Honorable Court what are does these represents in your sketch? 

PAGE 39
WITNESS: 
      A    This is a railing
to
defend or protect the curves and protection of the trucks in negotiating the curves not to fall down. 

PROS. GALANIDA: 
          May we request, Your Honor, that this portion here as testified by the witness be labeled as
"RAILING".

          (Court Interpreter labeling the word. "Railing" in the sketch)

      Q    What about this portion here which you have drawn, this thing about circular in form, what does this represent?

      A    It's a stone.

      Q    This portion where the van is parked which you indicated in your sketch, this place here, can you described to this Honorable Court this particular place where the van is parked?

      A    About four (4) arms length from the van that is a cliff.

      Q    Will you kindly indicate here that portion which you said about four (4) arms length from the van there is already a cliff or a ravine?

      A    (Witness indicating the cliff or the ravine). 

PROS. GALANIDA:
          May we request, Your  Honor, that this portion here to indicate
the cliff which the witness has said about four (4) arms length from where the van was parked which he said is the cliff be labeled as "cliff" and to be marked as
Exh. "W-5", Your Honor.

COURT: 
          Mark it.

PROS. GALANIDA: 
      Q    In your sketch,
will you kindly point to us the rear portion of the van which you
said you saw

PAGE 40
PROS. GALANIDA:   (CONTINUATION) 
two (2) other persons in a manner you described already for the records?

WITNESS: 
      A    (Witness indicating by placing a pencil heavy line).  

PROS. GALANIDA: 
          May we request, Your Honor, that this rear portion of the van which the witness said he saw two (2) other persons be marked Exh. "W-6" for the prosecution.

COURT: 
          Mark it.

PROS. GALANIDA: 
      Q    By the way, did you see clearly the faces of these two (2) persons at the rear portion of the van, one of whom you said was pulling the door of the rear portion and the other one seemed to be peeping inside the van?

WITNESS: 
      A    Not so clear anymore because they were not illuminated by the light of my motorcycle.

      Q    In effect did you really reach Barili in order to deliver your finished shoes and slippers to your customers there?

      A    Yes, mam.

      Q    About what time was it when you arrived in Barili?

      A    Five (5:00) o' clock, more or less.

      Q    By the way, what about that time when you passed these two (2) persons infront of the van and wherein you also saw two (2) other persona at the rear of the van. Can you estimate about what time could it have been?

PAGE 41
WITNESS: 
      A    Four (4:00) o' clock. 

PROS. GALANIDA:
      Q    B
y the way, Mr. Witness, will you kindly also indicate in your sketch where you were at that time when you first saw these two (2) persons accused Larranaga and Aznar standing infront of the van, first
time when you said you ware about twenty-five (25) meters, more or less from them? You kindly put an illustration.

      A    This is where I was the first time I saw them. (Witness drawing by placing a heavy line).

PROS. GALANIDA: 
         
May we request, Your Honor, that this circular form heavily drawn by this witness be marked with letter "M" because he said it was here where he first saw the two (2) accused infront of the van, that the same be marked as Exh. "W-7" and to be labeled "M",
meaning the motorcycle and this witness, the same to be marked as Exh. "W-7", Your Honor.

COURT:
          Mark it.

PROS. GALANIDA:
          And the broken
lines, Your Honor, which according to this witness shows the path where he was running until he passed by the van and the two (2) accused Larranaga and Aznar be marked also as
Exh. "W-8", this broken line which he illustrated where he was running, the path or the route where he was running, and the portion of the road where he was running towards the van and the accused.

COURT:
          Mark it.

PAGE 42
PROS. GALANIDA:

      Q    Mr. Rio,
before July 17, 1997, can you tell
this Honorable Court whether you saw or whether you had already seen these two (2) accused Francisco Juan Larranaga and Josman Aznar?

WITNESS:
      A    Yes, mam.

      Q    How many times had you seen them before July 16, 1997?

      A    Two (2) times. 

   Q    Can you recall when was the first time that you saw these two (2) accused Francisco Juan Larranaga and Josman Aznar?

      A    The first time I saw them that was the last week of June. 

      Q    What year?

      A    1997.

      Q    Where did you see them in the last week of June 1997 and which you said was the first time you saw these accused?

      A    At Sitio Tan-awan. 

      Q    Specifically where in Sitio Tan-awan had you seen them for the first time?

      A    Under a big tamarind tree.

      Q    You said you saw them for the first time in the last week of June 1997 in Sitio Tan-awan more particularly under the big tamarind tree. Now, Mr. Rio, can you estimate to the Honorable Court how far was that tamarind tree under which you saw accused Francisco Juan Larranaga and Josman Aznar for the first time in the last week of June 1997? How, supposing where you are now, How far was that tamarind tree where you saw the two (2) accused, Larranaga and Aznar for the first time to the place where you saw the white-colored van at about or at dawn of July 17, 1997? If where you are

PAGE 43
PROS. GALANIDA:   (CONTINUATION) 
sitting now is the place where the tamarind tree is located, can you point to a place in this Courtroom to represent where the white colored van was wrongly parked as you said that dawn of July 17, 1997? 

WITNESS: 
      A    Witness pointing to the corner of the walling of the courtroom which he said "wall to wall" six (6) times).

PROS. GALANIDA: 
          May we
know the measurement here, Your Honor? 

COURT INTERPRETER: 
          Ten (10) meters. 

PROS. GALANIDA:  
          May we know the measurement of this wall to wall, Your Honor?

COURT INTERPRETER: 
          Ten (10) meters. 

PROS. GALANIDA: 
          About ten (10)
meters?

COURT INTERPRETER: 
          Ten (10) to fifteen (15) meters. 

PROS. GALANIDA: 
          Our estimate, Your Honor, is about fifteen (15) meters. 

COURT: 
          Witness indicating a distance of about how many meters?

PAGE 44
PROS. GALANIDA: 
         
The estimate, Your Honor, is about fifteen (15) meters, wall to wall times six (6) so about ninety (90) meters, Your Honor.

COURT: 
         Ninety(90)?

PROS. GALANIDA: 
          Yes, Your Honor.

COURT: 
          Ninety (90) to one-hundred twenty (20) meters?

PROS. GALANIDA:  
          One hundred (100) only, Your Honor.

COURT:
          So, as agreed upon by prosecution and the
defense ninety (90) to one hundred (100) meters.

PROS. GALANIDA: 
      Q    Alright, what were Francisco Juan Larranaga and Josman Aznar doing under the tamarind tree when you first saw them in the last week of June 1997? 

ATTY. DEBALOCUS: 
          We are now objecting this question, Your Honor. This is very immaterial to the issues in these cases, Your Honor. 

PROS. GALANIDA: 
          Very material,
Your Honor, because we are presenting him, he identified these two (2)
accused, Your Honor, and he had already answered that even before July 16, 1997 he had already seen twice these accused. After all, Your Honor, it is also part of the purposes.

PAGE 45
COURT: 
          The Fiscal is trying to prove that the witness made a correct identification of the accused because he saw them before. So, I think it is proper for him to ask about that the occasion when he saw them before.

          /to the witness:
          Proceed, answer the question. 

WITNESS:
      A    They placed a towel on the ground and they were sitting and drinking bottles of beer. 

COURT:
          /to the witness: 
      Q    Was there a vehicle? 

      A    Yes, there was, Your Honor. 

      Q    What kind of vehicle was that? 

      A    White car, Your Honor. 

PROS. GALANIDA: 
          May I proceed, Your Honor? 

COURT: 
          Proceed. 

PROS. GALANIDA: 
      Q    Aside from Francisco Juan Larranaga and Josman Aznar whom you said was sitting on a towel placed on the ground with bottles of beer on their hands, what else did you observe if any? 

WITNESS: 
      A    I saw another two (2) persons whose back were facing towards me and they were facing to the cliff as if they were urinating. 

      Q    What else if any did you see? 

      A    There was another person who entered inside the car and tuned in the music.

PAGE 46
PROS. GALANIDA: 
      Q    Can you recall - - 

ATTY. DE JESUS: 
          Your Honor please - - -  

COURT: 
          Yes. 

ATTY. DE JESUS: 
          Your Honor please, before we proceed, may we request that this Honorable Court would admonish the witness to take out his hand from his mouth, Your Honor. 

COURT:
          /to the Court Interpreter: 
          Alright tell the witness not to do that. 

ATTY. DE JESUS: 
          Thank you, Your Honor. 

PROS. GALANIDA: 
      Q    Can you recall what time of the day was it when you saw the first time accused Larranaga and Aznar in that scenario which you have just described to this Honorable Court the two (2) other persons and another person inside the white car in the last week of June 1997? 

WITNESS: 
      A    Eleven (11:00) o' clock in the morning. 

      Q    What about the second time that you saw Francisco Juan Larranaga and Josman Aznar, when was it if you can recall? 

      A    I saw them for the second time in the first week of July. 

      Q    What year? 

      A    In 1997, mam. 

      Q    And where did you see them at this time?

PAGE 47
WITNESS: 
      A    The same location under the tamarind tree. 

PROS. GALANIDA: 
      Q    You mean the tamarind tree which you said was situated in Sitio Tan-awan? 

      A    Yes, mam.  

      Q    What were they also doing at the second time you saw them under the tamarind tree? 

      A    They were also sitting. 

      Q    Where were they sitting? 

      A    Under the tamarind tree. 

      Q    What else did you observe aside from these two (2), Larranaga and Aznar? 

      A    There was another person maybe the driver who was inside the car. 

      Q    What kind of car was it which you saw during the second time you saw Francisco Juan Larranaga and Josman Aznar in the first week of July 1997?  

      A    Also a white car. 

      Q    The same car which you saw in the last week of June 1997 when you saw them for the first time? 

      A    Yes, the same white-colored car. 

PROS. GALANIDA: 
          That would be all, Your Honor, for this witness - - -  Excuse me, Your Honor, may we request for a submarking, I forgot, Your Honor please -  may we request, Your Honor, that this arrow head on the sketch which states "To Barili" be encircled and marked Exh. "W-9". COURT: Mark it.

PAGE 48
PROS. GALANIDA: 
          And the opposite arrow head which is labeled "To Carcar" be encircled and marked as EXH. "W-10", Your Honor. 

COURT: 
          Mark it. 

PROS. GALANIDA: 
      Q    Can you indicate in your sketch the location of that tamarind tree which you said you saw Aznar and Larranaga twice under the tamarind tree in Sitio Tan-awan? 

WITNESS: 
      A    (Witness indicating tamarind tree in the sketch). 

PROS. GALANIDA: 
          May I manifest for the record, Your Honor, that the location here of the tamarind tree as sketched by the witness is on the same side as where the white-colored van was parked and may we request that the tamarind tree be marked as our Exh. "W-11"

COURT: 
          Mark it. 

PROS. GALANIDA: 
          That would be all for this witness, Your Honor. 

COURT: 
          Cross-examination of this witness is likewise deferred for the same reason as the other prosecution witnesses.

PROS. MIRO: 
          We will continue with the presentation of other witnesses tomorrow, Your Honor.

PAGE 49
         
O R D E R

          At the continuation of the trial of these cases today, private prosecutor Bienvenido Saniel conducted direct-examination of the prosecution witness Alfredo Duarte, after which Prosecutor Teresita Galanida conducted direct-examination on another prosecution witness Rosendo Rio. Cross-examination of said witnesses were deferred until the time the accused have appointed counsels of their own choices on or before September 24, 1998.

          The continuation of the trial of these case shall proceed tomorrow at the same time.

          SO ORDERED.

          Given in open court, this 15th day of September 1998, at Cebu City, Philippines.  

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


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                                                                               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.

                                 Cebu City, Philippines. September 21,

                                                                 (SGD) FARAH T. ABANGAN
                                                                            Court Stenographer 

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COMMENTS AND OBSERVATIONS FROM THE WEBMASTER:
       Once again, a good portion of today's trial is again devoted by the judge and the prosecution team discussing among themselves the same issues, i.e. why the defense still does not have lawyers of their own choice. The judge even went to the extend  of calling the former defense lawyers names. He even challenged the press to print what he said that the defense lawyers were "doubled faced".

          Today, two more prosecution witnesses were heard without the accused being represented with lawyers of their own choice. This makes a total of eight prosecution witnesses presented without being cross-examined by the defense. 

          The first witness presented was a driver from Carcar, Alfredo Duarte. He testified that at 1:30 in the morning he felt like eating barbecue and he walked 50 meters from his house to buy barbecue. He also said he bought milk for his infant baby at that time. He did not mention any rains that night, as reported by the weathermen in their affidavit.  Coincidently, he bought barbecue and milk in the same barbecue stand and store and at the same time as the accused bought barbecue and Tanduay Rhum. He says he saw the van and remembered it's plate number. Wow, what memory. He also says he knows the driver of the van. 

          Witness number two is a shoemaker, Rosendo Rio. In spite of the heavy rains that night and early morning, he decided to deliver some shoes and slippers at 3:30 a.m. to Barili on board his motorcycle which had a sidecar. (One can assume, unlike a tricycle, it did not have any roof.) Like the previous witnesses, he did not mention what was the weather condition that night. His testimony was full of inconsistencies; i.e. while negotiating a curve, he remembered seeing and identifying two of the accused without the benefit of any source of light,  but the light of his motorcycle . . . . remembering that the two were holding glasses . . . . remembered at the same time, seeing the speedometer of his motorcycle and therefore remembering what speed he was traveling that early morning . . . . and remember seeing two men at the rear portion of the van and even remembering that one was holding the door and the other, peeping inside the van.  As like the previous witnesses, this was not the first time he saw the two accused. He claimed to have seen them twice before in the same area. And in both instances, he saw a white colored car with them. Like all the previous witnesses, he did not identify the model nor the make of the car. Much more, the plate number. 

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

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