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 16, 1998 at 2:15 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
                                                                   PROSECUTOR LEONARDO CARREON
                                                                   (Appearing for the state)
                                                                  

                                                                   ATTY. HONORATO HERMOSISIMA
                                                                   ATTY. JOSHUA DACUMOS
                                                                   (Appearing as private prosecutors)

PAGE 2
                                                                   ATTY. FERDINAND SAORNIDO
                                                                   (Appearing as counsel for accused Rusia)


                                                                   PAO LAWYERS:

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

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

ATTY. HERMOSISIMA:
          Appearing as private prosecutors, Your Honor, in collaboration with Atty. Joshua Dacumos.

ATTY. SAORNIDO:
          For accused Rusia, your Honor.

ATTY. YPIL:
          PAO Lawyers, Your Honor, appearing as counsel de oficio for the rest of the accused.

COURT:    
          I read the newspaper that there was a commotion here yesterday. So, let us call the Colonel in-charge, Col. Malunda, is he here? Who is in-charge here of the security? Sino ang in-charge dito nang security? (Who is in-charge here of the security?) Hindi ba si Col. Malunda? (Isn't it Col. Malunda?) Col., who is in-charge of the security?

COURT INTERPRETER: 
          Not yet around, Your Honor.

COURT:
          I want to tell him to maintain the peace here. It should not happen again this confrontation    

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

PAGE 3
COURT:    (CONTINUATION)
among the relatives of the parties. We are suppose to maintain peace inside this Courtroom. We are the peacemakers and we should not allow these things to happen. See to it that this does not happen again. We are civilized Christians and Sermon of the Mount tells us that we should love our enemies. That is the teaching of Christ. We are suppose to be Christians. So, let us not hate and quarrel with each other. We are just following the mandate of the laws. We have to try these cases and we don't have to hate each other while doing it. I just want to inform you of this latest Petition filed by Atty. Armovit pending before Division 12. This is another Petition for Certiorari, Prohibition, Mandamus filed by Atty. Armovit. So, dalawa na ang (So, there are two already) pending, the other one with the Third or Second Division and this one is with the Twelve Division and the Resolution of the Twelve Division asking us to Comment while the Prayer for Restraining Order is held, in abeyance until the filing of such Comment. Will you have this copied? And this is the Motion of Atty. Armovit for Prompt Resolution. The Petition is not attached. Ganoon din, (It is also) as usual he did not include the private respondents or the Fiscals, only the Solicitor General and myself. So, Atty. Hermosisima, will you also file a Comment for me?

ATTY. HERMOSISIMA: 
          Yes, we will do that, Your Honor.

COURT
          Under Rule 65 - - -

ATTY. HERMOSISIMA: 
          Section 5 - - -

COURT:
          Or sinasabi ni  Atty. Armovit (That's what Atty. Armovit is saying) why are you joining forces, you were in connivance. Iyon
ang
sinasabi nang batas, e, ang hirap sa kanya hindi niya alam ang batas. (That's what the law says, so, what's hard with him is that he does not know the law.) That is what the laws says, Rule 65, Sec. 5. Kung nandito, e, (It's here) 

(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)
babasahin mo, (you read it) Fiscal Galanida, you read it -  that the counsel for. the private respondents is under
obligation to defend the Judge. O. Papano? (So, how now?) We are not conniving. E. iyon ang sabi nang betas. (So, that's what the law says.) Atty. Hermosisima is suppose to defend me in these Certiorari cases because the Judge cannot attend to it himself. He has to try cases. E, kung (So, if) I will attend to all these Certiorari cases myself, e, hindi na ako puedeng mag-hearing-hearing dito. (so, I cannot be hearing cases here.) I will just defend myself on several Certiorari cases against me. E, hindi ko na kaya yan. (So, I cannot handle that anymore.) Kaya siguro sabi nang  Supreme Court well, (That's why maybe Supreme Court said it well,) the counsel for the private respondents will be the one to defend the Judge. Ayon. (That's it.) So, we are not conniving, iyon ang sinasabi nang batas, walang connivance yon. (that's what the law says, there is no connivance here.)

          /to the prosecution. 
          So, you will now present your next witness?

PROS. MIRO:
         
Yes, Your Honor, we will be presenting another witness and his testimony will be part of our evidence-in-chief in support also of the Motion to Discharge one of the accused as State witness and also in our Opposition for the grant of Bail. So, this time, Your Honor, we will call on Mr. Mario Minoza. He will be presented by Atty. Joshua Dacumos, private Prosecutor, subject to our direction and control.

COURT:
          Call the witness
and state the purpose of his testimony for the record.

                                                               (Witness to the stand)

ATTY. DACUMOS:
          The testimony of this witness,
Your Honor, offered to prove that at about past 4:00 A. M., on July 17, 1997 while he was driving his tricycle towards Mantalongon, Cebu, he saw

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

PAGE 5
ATTY. DACUMOS:    (CONTINUATION)

a white van parked near a ravine situated in Tan-awan, Guadalupe, Carcar, Cebu and that on his return trip from Mantalongon back to Guadalupe, Carcar, he met the same white van following a girl who was running away from the van and his testimony is also offered to prove other relevant facts, Your Honor. 

COURT: 
          Swear in 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    Mario Minoza, 36 years old, married, tricycle driver and a resident of Sitio Mainit, Guadalupe, Carcar, Cebu. 

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

COURT: 
          Proceed. 

ATTY. YPIL: 
          May we move for the exclusion of other witness, your honor?

COURT: 
          You have other witness? 

ATTY. HERMOSISIMA: 
          In the Clerks room, your Honor. 

COURT: 
          Alright, proceed.

PAGE 6
                                                      DIRECT-EXAMINATION OF THE WITNESS 
                                                                BY ATTY. JOSHUA DACUMOS 

      Q    Mr. Minoza, you mentioned that you are a tricycle driver, who owns the tricycle that you are driving?

      A    I owned the tricycle. 

      Q    At what routes do you drive this tricycle? 

      A    The route of Guadalupe, Carcar-Mantalongon. 

      Q    Since when have you been driving this tricycle? 

      A    Since 1980. 

      Q    And how many days in a week do you drive on this route? 

      A    Everyday. 

      Q    At what time of the day do you start driving this route? 

      A    Everyday except Thursday not at the same time but during Thursday I have to start driving at 4:00 o'clock in the morning. 

      Q    And what was your reason in starting to drive at 4:00 A.M., every Thursday? 

      A    Because I have customers engaged in selling pigs. 

      Q    These customers of yours whom you served during Thursdays where do they go on those days? 

      A    They go to Mantalongon. 

      Q    Do you know the reason why they choose to travel to Mantalongon only on those days, Thurdays? 

      A    Yes, sir. 

      Q    Why? 

      A    Because during Thursdays that is the market day in Mantalongon. 

PAGE 7
ATTY. DACUMOS:  
 
    Q    In what municipality is this Mantalongon situated? 

WITNESS: 
      A    Barili.  

      Q    What province? 

      A    Cebu. 

      Q    At about 4:00 o'clock A.M. on July 17, 1997, a Thursday, can you recall where were you on that time and date. 

      A    :At 4:00 o' clock early in the morning I started my engine running in our house. 

COURT: 
          /to COURT INTERPRETER: 
          Tell him to speak louder. 

ATTY. DACUMOS: 
      Q    After you have started running the engine of your tricycle in your house on that day, what did you do?

WITNESS: 
      A    I started going to Sitio Panas. 

      Q    Where is your house situated? 

      A     It is situated at Sitio Mainit. 

      Q    In what municipality is that Sitio Maiint? 

      A    Barangay Guadalupe, Carcar, Cebu. 

      Q    The other place, Sitio Panas, in what municipality is that situated? 

      A    Sitio Panas is also within Barangay Guadalupe. 

      Q    In which town is Barangay Guadalupe situated? 

      A    It is situated in Carcar. 

      Q    You said that you droved from Sitio Maiit to Sitio Panas, how many minutes did it take you 

PAGE 8
ATTY. DACUMOS:  (CONTINUATION)
to drive from Sitio Mainit to Sitio Panas? 

WITNESS:
      A    About ten (10) minutes, 

      Q    What was your purpose then in driving to Sitio Panas? 

      A    In order to get my passengers. 

PROS. GALANIDA: 
          Excuse me, Your Honor -  not get but to fetch. 

COURT INTERPRETER: 
          -  to fetch my passengers. 

ATTY. DACUMOS: 
      Q    What happened when you arrived at Sitio Panas? 

WITNESS: 
      A    The passengers boarded the tricycle. 

      Q    To where were they headed? 

      A    The passengers headed to Mantalongon.

      Q    How many minutes did you remain in Sitio Panas? 

      A    Just for a short time.

      Q    How many passengers boarded your tricycle at that time? 

      A    Seven (7) passengers. 

      Q    On your way from Sitio Panas to Mantalongon, to what Sitios did you pass? 

      A    Mowang, Tan-awan, Tapal and Mantalongon. 

      Q    When you passed Mantalongon - -  I will withdraw, Your  Honor - -  When you passed by Sitio Tan-awan, what if any did you see?

PAGE 9
ATTY. YPIL:
          We object, Your honor, because there is no basis yet if he was in Sitio Tan-awan. 

ATTY. DACUMOS: 
          The witnessed testified that he passed through Sitios in going to - - 

COURT: 
          Ask him first, did you pass - - 

ATTY. DACUMOS: 
      Q    Did you pass through Sitio Tan-awan? 

      A    Yes, sir. 

COURT: 
          /to the witness 
      Q    What did you observe there when you passed there? 

      A    I saw a white van near the tamarind tree. 

ATTY. DACUMOS: 
      Q    Now, this tamarind tree where you saw the white van, in what specific area of Tan-awan is the tamarind tree located?

      A    Near the cliff. 

      Q    What was the distance between that tamarind tree and the cliff? 

      A    In my own estimate less than one hundred (100) meters. 

      Q    In facing Mantalongon, to what side of the road did you see this van? 

      A    The van was facing towards Mantalongon. 

      Q    And what side of the road if you are facing Mantalongon, what side of the road was that parked? 

      A    On my right side.  

PAGE 10
ATTY. DACUMOS:
      Q    And what portion of the van did you observe at that time? 

WITNESS:
      A    Only the rear portion of the van. 

      Q    What was the color of the van? 

      A    White van. 

      Q    You said that you saw the rear portion of the van. If shown a photograph of that rear portion of the van, would you be able to recognize it?  

      A    Yes, sir. 

      Q    I show to you a photograph, please take a look at that photograph carefully and state for the record whether or not you recognize the van featured in that photograph? 

      A    This is the form of the van and the color of the van. 

ATTY. DACUMOS: 
          We request, Your Honor, that this photograph which has been identified by the witness be marked as Exh. "X"

COURT: 
          Marked it. State the plate number, it is stated there? 

ATTY. DACUMOS:
          The photograph indicates that the Plate Number is GGC-491. We request that the Plate Number be encircled and marked as Exh. "X-1".

COURT:
          Mark it.

PAGE 11
ATTY. DE JESUS:
          Your Honor please, we would like to make it of record that the witness did not state or did not indicate the specific Plate Number. 

COURT: 
          Yes, he did not. But we have to identify the picture as the one being referred to or involve in these cases. 

ATTY. DACUMOS: 
      Q    What did you do upon seeing the van?  

WITNESS: 
      A    I just proceeded on my way to Mantalongon. 

      Q    Did you see anyone in the van? 

      A    No, sir, I only saw the van. 

      Q    You said at that time you were on your way from Sitio Panas to Mantalongon - - -  I withdraw the question, Your Honor. You said that you were headed to Mantalongon. Did you in fact arrive at Mantalongon? 

      A    Yes, sir. 

      Q    And how many minutes did it take you to travel from Sitio Panas where you picked up your passengers to Mantalongon? 

      A    In my own estimate more than twenty (20) minutes. 

      Q    And what happened when you arrived at Mantalongon?  

      A    All my passengers alighted from my tricycle. 

      Q    How long did you remain in Mantalongon? 

      A    Just for a short while after my passengers alighted. 

      Q    Where did you go from Mantalongon? 

PAGE 12 
WITNESS: 
      A    I went back to Guadalupe at Sitio Panas. 

ATTY. DACUMOS: 
      Q    What was your purpose in going back to Sitio Panas? 

      A    Because I have to fetch another passengers there. 

      Q    On your way from Mantalongon to Sitio Panas, what if any happened?

      A    At Sitio Tapal I met a woman running. 

      Q    When you first noticed this woman what was your distance from that woman? 

      A    In my own estimate twenty-five (25) meters. 

      Q    And what was the condition of the lighting at that time you saw that woman? 

      A    The woman was under the electric post and there was also illumination from the houses nearby and she was also hit by my headlight. 

      Q    What kind of lamp did you see in the electric post? 

      A    Fluorescent lamp. 

      Q    Can you please describe the physical appearance of the girl?

COURT: 
          /to counsel: 
          Ask him where was she running, to what direction where was she running in?

ATTY. DACUMOS: 
      Q    Towards what direction was the girl running? 

WITNESS: 
      A    Going towards Mantalongon.   

PAGE 13
COURT:
         
/ to the witness: 
      Q    Where was she running in? In the street, in sidewalk or what? 

WITNESS:
      A    At the side of the road. 

ATTY. DACUMOS: 
      Q    At which side of the road, to the left or to the right in relation to you facing the car? 

      A    To my right side in my lane. 

      Q    Please describe the physical appearance of the girl whom you saw on that date and time? 

      A    She was thin, with short hair, white complexion and Chinese looking eyes. 

COURT: 
          /to the witness: 
      Q    Did she has shoes on or was she barefooted?

      A    I was not able to notice whether she was wearing shoes because my attention was focused to her face.

      Q    She was facing you? 

      A    She was facing to my direction but she did not look at me.

      Q    So, you were able to see her face fully? 

      A    Yes, Your Honor. 

          /to counsel: 
          Proceed. 

ATTY. DACUMOS: 
      Q    What about the dress, what dress was she wearing? 

ATTY. DEBALOCUS: 
          We object, Your Honor - - -

PAGE 14
COURT: 
          There is an objection, what is the ground? 

ATTY. DEBALOCUS: 
          There is no basis because the witness said he just allegedly saw the face of the girl.  

COURT: 
          It is proper to ask her what was her dress. I asked her if she had shoes on and he said he did not notice. So, it is proper to ask him how was she dressed, if he knows. If he doesn't know then he will say he doesn't know. 

WITNESS: 
      A    She was wearing a blouse. 

ATTY. DACUMOS: 
      Q    What was the color of the blouse? 

      A    Printed color. 

COURT:
          / to the witness: 
      Q    What was she wearing below the blouse? 

      A    I cannot recall because I was only looking on the upper portion of her body. 

      Q    You did not see if she was wearing jeans or short pants or what, or shirt. 

ATTY. DE JESUS: 
          With due respect to this Honorable Court, Your Honor, the question of the Court if it was asked by the prosecutor the defense surely would object, Your Honor.

COURT: 
          Yes, on what ground? ATTY. DE JESUS: The answer - - -
          

PAGE 15
COURT:
          You have to state the ground. What is the ground? 

ATTY. DE JESUS: 
          It is already answered, Your Honor, that he did not notice the lower apparel of the woman.

COURT: 
          The
Court wants to make sure and it is the right of the Presiding Judge to examine or cross-examine any witness and on cross-examination the same questions can be asked. 

ATTY. DE JESUS: 
          We submit, Your Honor, but we request that our objections be recorded. 

COURT: 
          Yes, your objection is on the record. Tell him to answer the question of the Presiding Judge. 

WITNESS:
      A    I was able to glance that she was wearing pants. 

COURT: 
          /to the witness: 
      Q    What do you mean by pants? Long pants? 

      A    Yes, Your Honor, and as if it was dirty white. 

      Q    Dirty white long pants? 

      A    Yes, Your Honor. 

          /to the witness: 
          Proceed. 

ATTY. DACUMOS: 
      Q    How close did you get to the girl?

PAGE 16
WITNESS:
      A    Very close because we met each other. 

ATTY. DACUMOS: 
      Q    Can you please describe the condition of the dress at that time? 

COURT: 
          There was no dress. I think it is a blouse and long pants. That would be misleading. 

WITNESS: 
      A    It was torn here.    (Witness pointing to his right shoulder). 

      Q    Which was torn, her blouse? 

      A    Yes, Your Honor. 

      Q    How long? Describe the torn? How long the blouse was torn and was hanging? 

      A    (Witness pointing to his right shoulder, the dress was torn and it was hanging). 

      Q    Up to what portion that was torn, indicate in your body? 

      A    (Witness pointing from his shoulder to the waist down). 

      Q    There was only one (1) torn portion? 

      A    Yes, Your Honor. 

          /to counsel: 
          Proceed. 

ATTY. DACUMOS: 
      Q    If you see a picture of a photograph of that girl, would you be able to recognize her? 

      A    Yes, sir. 

      Q    I show to you Exh. "A", please take a careful look at that photograph?

PAGE 17
WITNESS: 
     
A    This is the same face but without eyeglasses at that time. 

ATTY. HERMOSISIMA: 
          We make it of record, Your Honor, that this photograph marked as Exhibit "A" was the photograph identified by Davidson Valiente Rusia as Jacqueline Chiong. 

ATTY. DE JESUS: 
          We also would like to manifest, Your Honor, that there is only one (1) picture presented and shown to the witness.

COURT: 
          You have other picture or you want to present other picture? 

ATTY. DACUMOS: 
          The question was, what relation has this and he testified that this is the one.

COURT: 
          Yes, but he said there is only one (1) picture. If you want to show another picture, you may do so. 

ATTY. DACUMOS: 
          We have no other picture this time, Your Honor.

COURT: 
          They have no other picture. 

ATTY. DE JESUS:
          We also would like to make it of record, Your Honor, that when the witness was shown a picture of the rear part of the van he was only shown one (1) picture. 

COURT: 
          /to counsel: 
          Proceed.

PAGE 18
ATTY. DACUMOS:
      Q    A while ago you testified the physical appearance of the girl you saw on that date. Please describe the behavior of that girl when you saw her on that date?  

WITNESS: 
      A    As I looked at her as she was insane. 

      Q    What made you say that she was insane? 

COURT: 
          Or she appeared insane? 

ATTY. DACUMOS: 
      Q    Why did you say that she appeared insane to you? 

      A    Because her hair was disheveled then she was running with a torn blouse without any apparent direction. 

      Q    Aside from the girl, what else did you see? 

      A    When she reached a little bit farther from the girl I met a white van. 

COURT: 
          /to the witness: 
      Q    You mean the girl passed you already? 

      A    Yes, I first met the woman. 

      Q    She passed by you, is that what you want to say? 

      A    Yes, Your Honor. 

      Q    How far was she from you when you saw the white van? How far was she away from you?

      A    It's enough that the woman had just reached the other curve of the road, Your Honor. 

      Q    And how far was that away from you? How many meters was she away from you? 

      A    When the woman passed by then I looked back and she arrived at the curve road. 

PAGE 19
COURT: 
      Q    How many meters was she away from you at that time at the curve of the road? Indicate to the Court a distance here?

WITNESS: 
      A    From here to there for 3 times.   (Witness pointing to the corner three (3) times. 

COURT: 
          Witness is indicating a distance of 24 to 30 meters as agreed upon by the prosecution and the defense. 
           /to the witness: 
      Q    So, you want to say that she was already that 24 to 20 meters behind you when you saw the white van?

 WITNESS: 
      A    When I looked back then I stepped forward and that was the time I saw the van. 

      Q    The van was in front of you? 

      A    Yes, Your Honor, I met the van. 

      Q    How far away was it in front of you, the van? Indicate the distance here in the Courtroom? How far was the van? If you are there and you saw the van ahead of you, where was it situated in your sketch? How far were you from the van? 

      A    (Witness pointing a distance of about fifteen (15) meters). 

ATTY. YPIL: 
          Your Honor please, we would like to make it of record that this witness had a hard time of answering the questions. 

COURT: 
          Alright, how about the distance of 15 meters, do you agree with that? 

PAGE 20
PROS. MIRO:
          We agree, Your Honor. 

COURT: 
          Witness indicating a distance of fifteen (15) meters as agreed upon by the prosecution and the defense. 

          /to counsel: 
          You may proceed. 

ATTY. DACUMOS: 
      Q    Was the van which you saw running at that time? 

WITNESS: 
      A    Yes, the van was running at that time. 

      Q    By the way, what is your educational attainment, Mr. Witness? 

      A    Grade Five. 

      Q    To what direction was the van running? 

      A    Going towards Mantalongon. 

      Q    At what speed was it traveling? 

      A    Natural speed. 

      Q    And how about the girl which you said you saw a while ago, how fast was the girl running? 

      A    Just the same as the person who is jogging. 

      Q    Did you see anyone in the van? 

      A    No, I was not able to notice, sir. 

      Q    Did you hear anything from the van? 

      A    Yes, sir. 

      Q    What did you hear? 

      A    Sounds. 

PAGE 21
ATTY. DACUMOS: 
      Q    What do you mean by "Sounds"? 

WITNESS: 
      A    Just a rock music. 

      Q    How loud was that rock music which you heard emanating from the van? 

      A    Very loud. 

      Q    What portion of the van were you able to observe at that time? 

      A    The front portion and the side portion of the van. 

COURT: 
          /to the witness: 
      Q    Do you mean that the van passed by you? 

      A    Yes, Your Honor, I met the van and the van passed by me. 

ATTY. DACUMOS: 
      Q    You mention that you observed the side of the van. What side are you referring to, the right or the left side of the van? The driver's side of the van? 

      A    From my position from my left side. 

COURT: 
      Q    No - -  he is asking you what side of the van did you see, the driver's side or the passenger's side? 

ATTY. DACUMOS: 
      Q    Was it in the driver's side or the other side? 

      A    The driver's side. 

      Q    What was the color of the van? 

      A    White van. 

      Q    If you are shown a photograph of that van, would you be able to recognize it? 

PAGE 22
WITNESS: 
      A    Yes, sir. 

ATTY. DACUMOS: 
      Q    I show you Exh. "V-2", please take a careful look at this photograph and state for the record what relation has the van shown herein to that which you saw on that day? 

      A    Yes, this is the same  side of the white van. 

      Q    I show to you another picture already marked as Exh. "V", will you please examine this photograph carefully and state for the record what relation has this to the van that you saw on that day? 

      A    This is the same form of the van. (Witness identifying Exhs. "V" and "V-2"). 

      Q    You mentioned a while ago that you had finished Grade Five, do you know how to make a sketch? 

      A    Yes, sir, I can prepare a little. 

COURT: 
          What is the need for that sketch? The van passed him. All we want to know is what happened after that? I don't think that is necessary because the objects were moving. The two (2) objects were moving, the two (2) of them, the van and the girl were moving. So, how can you expect him to sketch that? 

COURT: 
      Q    What happened after that when the van passed by you? 

      A    I proceeded my way to Guadalupe and - - 

      Q    And what time did you arrive in Guadalupe? 

COURT: 
          /to the witness:
          Proceed.

PAGE 23
WITNESS: 
      A    I proceeded my way to Guadalupe. 

COURT: 
          Ask her, where did the van go, if you know? Where did they proceed? 

ATTY. DACUMOS: 
      Q    Where did the van go? 

      A    The van proceeded to Mantalongon. 

      Q    You mean the van followed the woman who was running? 

      A    Yes, sir. 

      Q    Was it able to catch up the woman? 

      A    I did not notice because she was already in the curve road and I was already very far from the woman. 

COURT: 
          /to the witness: 
      Q    So, you ca
nnot say whether or not the van caught up the woman that was running? 

      A    If the woman - - -  

          /to the Court interpreter: 
          Tell him to answer the question only. 
      A    I cannot say whether the van was able to catch up the woman. 

ATTY. DACUMOS: 
      A   A while ago you mentioned about a cliff -  What was the distance between that cliff and place where you saw that woman running being followed by the van? 

      A    Maybe one (1) kilometer. 

      Q    And what did you do after you passed by the van?  

PAGE 24
COURT:
          After the van passed by you?  

ATTY. DACUMOS: 
      Q    After the van passed by you? 

WITNESS: 
      A    I proceeded to my direction towards Panas, Guadalupe. 

      Q    And what time did you arrive at Panas, Guadalupe? 

      A    In my own estimate maybe 5:00 o' clock. 

      Q    And where did you go from Panas? 

COURT: 
          That is already immaterial, we have to save time. That is already immaterial where he went. 

ATTY. DACUMOS: 
      Q    Let's go back to that portion a while ago when you first saw the woman running. How fast were you traveling at that time when you first noticed that woman running? 

      A    When I met the woman I slowed down and applied a brake because I looked at her. 

ATTY. DACUMOS: 
          That is all for the witness, Your Honor. 

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

          /to the prosecution: 
          You have other witness? 

PAGE 25 
PROS. MIRO:
          Yes, Your Honor. 

COURT:
          The witness is excused. Call the other witness. 

PROS. MIRO: 
          The next witness, Your Honor, is Mr. Manuel Camingao. His testimony will still be a part of our evidence-in-chief. 

COURT: 
          Call the witness. 

                                              (Witness to the stand) 

COURT: 
          Swear the witness first. 

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? 

      A    Manuel Camingao, 53 years old, married, tricycle driver and a resident of Poblacion I, Carcar, Cebu.

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

PAGE 26
PROS. MIRO:
          He will be presented by private prosecutor Atty. Joshua Dacumos,  Your Honor, subject to our direction and control. 

ATTY. DACUMOS: 
          The testimony of this witness, Your Honor, is offered in order to prove that at past 4:00 o' clock A.M., or thereabouts on July 17, 1997 he saw a white van near a cliff in Tan-awan, Guadalupe, Carcar, Cebu and that he jotted down the Plate Number of that van and the testimony of this witness is also offered to prove other relevant matters, Your Honor. 

COURT: 
          Proceed. 

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

                                                        DIRECT-EXAMINATION OF THE WITNESS 
                                                                  BY ATTY. JOSHUA DACUMOS 

      Q    You said that you are a tricycle driver, at what routes you drive your tricycle? 

      A    Carcar-Mantalongon. 

      Q    And since when have you been driving along this route? 

      A    For five (5) years. 

      Q    How many days in a week do you drive along that route? 

      A    If the condition of my tricycle is good, everyday. 

      Q    At what time did you start driving? 

      A    Four (4) o' clock dawn.  

PAGE 27
ATTY. DACUMOS: 
      Q    Do you recall where were you at past 4:00 o' clock A.M., on July 17, 1997? 

WITNESS: 
      A    I was driving my tricycle in order to pick-up passengers. 

      Q    Where were you driving your tricycle? 

      A    Mantalongon. 

      Q    Where were you heading? 

      A    Going to Carcar. 

      Q    And what time did you arrive at Carcar? 

      A    Before 5:00 o' clock in the morning. 

      Q    And how long did you remain in Carcar? 

      A    For five (5) minutes. 

      Q    From Carcar where did you proceed? 

      A    I proceeded to Mantalongon. 

      Q    Was anyone aboard your tricycle? 

      A    Yes, sir. 

      Q    How many? 

      A    Only one (1) passenger. 

      Q    On your way from Carcar to Mantalongon, to what Sitios did you pass? 

      A    Garaje, Sangi, Tan-awan and Tapal. 

      Q    You mentioned that on your way to Mantalongon, you passed by Tan-awan, did you in fact pass by Tan-awan at that time? 

      A    Yes, sir. 

ATTY. DEBALOCUS: 
          May we request this witness to speak louder, Your Honor. 
  

PAGE 28
COURT:
         
Tell him to speak loader. 

ATTY. DACUMOS: 
      Q    What if any did you observe when you reached Tan-awan? 

WITNESS: 
      A    I saw a van parked near the cliff. 

      Q    When you are facing Mantalongon, to which side of the road was this van situated? 

      A    Right side of the road. 

      Q    What was its distance from the cliff? 

      A    (Witness indicating a distance of 3 to 4 meters). 

COURT: 
          Three (3) to four (4) meters as agreed upon by the prosecution and the defense. 

      Q    Where was it facing, this van? In what direction was it facing? 

      A    The van was facing towards the cliff. 

      Q    Towards the cliff? 

      A    Yes, Your Honor. 

      Q    Is not the cliff beside the road? 

      A    Yes, Your Honor. 

      Q    Do you mean that the van was facing the cliff in vertical to the road? 

      A    Yes, Your Honor. 

      Q    Yes, this is the road and this is the cliff, how was the van parked? 

      A    The cliff is here and the van was facing - - - - 

      Q    Where is the van, will you indicate - - -    

PAGE 29
ATTY. DACUMOS:
          Can we request the witness to make a sketch, Your Honor? 

COURT: 
          Alright make a sketch. 

ATTY. DACUMOS: 
      Q    Do you know how to make a sketch? 

WITNESS: 
      A    A little. 

      Q    Please make a sketch of that cliff where you saw that van and indicate the relative positions of the van and your location when you were observing the van? 

      A    (Witness preparing a sketch and indicating the location of the cliff and how the van was parked). 

COURT:
      Q    Do you know to write "cliff"? 

      A    Yes, Your Honor. 

COURT: 
          You indicate the word "cliff" and indicate where is the road?
 

COURT INTERPRETER: 
          (Witness indicating in the sketch the cliff, the location of the van, the location of his tricycle and the road).

COURT: 
      Q    How was the van parked? Will you draw a sketch of the van exactly how was it parked? Will you indicate with parrellelogram? 

COURT INTERPRETER: 
          (Witness indicating in the sketch how the car was parked).  

PAGE 30
COURT:
         
So, he indicated the position of the van, it was facing the cliff diagonally, hindi naman (it was not) vertically.

 ATTY. DACUMOS: 
      Q    Referring back to the sketch which you prepared just now, from this sketch where is Carcar, can you please draw an arrow pointing to Carcar and put the word "Carcar"? 

      A    (Witness making an arrow and labeled it "Carcar"?.  

      Q    How about Mantalongon, to what direction is Mantalongon? Please draw an arrow pointing to Mantalongon and write the word "To Mantalongon"? 

A(Witness indicating the word going "To Mantalongon"). 

      Q    What is this circle here mean? 

      A    That's a big stone. 

      Q    Please write the word "Rock" beside that circle and placed the word "Big Rock"? 

      A    (Witness writing the word "Big Rock" in the sketch). 

      Q    Can you please write your name and your signature on this sketch and the date? 

      A    (Witness writing his name with his signature and the date in the sketch). 

ATTY. DACUMOS: 
          May we request, Your Honor, that the sketch prepared by the witness be marked as Exh. "Y"

COURT: 
          Mark it.

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

PAGE 31
ATTY. DACUMOS:
          And the signature of the witness as Exh. "Y-1", Your Honor. 

COURT: 
          Mark it. 

ATTY. DACUMOS: 
          We request that the small rectangle here with the word "VAN" be bracketed and marked as Exh. "Y-2", Your Honor. 

COURT: 
          Mark it. 

ATTY. DACUMOS: 
          And there is another drawing here heart shape beside the word "Tricycle" be encircled and marked as Exh. "Y-3", Your Honor. 

COURT: 
          Mark it. 

ATTY. DACUMOS: 
          And the circular sketch here with the word "Big Rock" beside it be encircled and marked as Exh. "Y-4", Your Honor. 

COURT: 
          Mark it. 

ATTY. DACUMOS: 
      Q    What did you do upon seeing this van? 

WITNESS: 
      Q    I wrote the Plate Number. 

      Q    Why did you write the Plate Number? 

      A    I wrote the Plate Number because I thought that they were throwing garbage there.

PAGE 32
ATTY. DACUMOS:
      Q    Why were you interested about the garbage? 

WITNESS: 
      A    Because in that place it is prohibited in throwing garbage there. 

      Q    You said you wrote down the Plate number of the vehicle. To where did you write it down? 

      A    I wrote the Plate Number of the van at the sidings of my tricycle. 

      Q    What was your intention in writing down the Plate Number? What did you intend to do with that? 

      A    In case that van threw garbage it is easy for us to intercept if that van passed again at our barangay. (barrio.)

 COURT: 
          /to the witness: 
      Q    Why, are you a barangay official? 

      A    I am the Chief of the Barangay Tanod (Barangay Police) of Poblacion I, Carcar, Cebu. 

      Q    And you wanted to what, report that van to the Barangay Captain? 

      A    Yes, Your Honor. 

          /to counsel: 
          Proceed. 

ATTY. DACUMOS: 
      Q    What was the color of the van? 

      A    White van. 

      Q    You said that you wrote down the Plate Number to the sidings of your tricycle. What material is this sidings made of? 

      A    It's leatherette. 

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

PAGE 33
ATTY. DACUMOS:
      Q    What was the color of that portion wherein you wrote that Plate Number? 

WITNESS:
      A    White. 

      Q    And what did you used in writing down the Plate Number? 

      A    I used the ballpen. 

      Q    What was the Plate Number you wrote? 

      A    GGC-491. 

      Q    At what portion of the van did you see this Plate Number/ 

      A    At the right side of the van. 

      Q    Why, was the Plate Number printed at the right side? 

      A    Yes, sir, it was printed. 

      Q    What did you do after listing down the Plate Number? 

      A    I proceeded to my direction going to Mantalongon. 

COURT: 
      Q    Did you notice any persons there beside the van? 

      A    No, Your Honor. 

      Q    How long did you remain there in the van jotting down the Plate Number? 

      A    Maybe five (5) seconds. 

      Q    Maybe you stopped beside the van to write down the Plate Number? 

      A    Yes, Your Honor. 

      Q    Did you hear anything from inside the van? Any noise?  

PAGE 34
WITNESS: 
          None, Your Honor. 

ATTY. DACUMOS: 
      Q    How far were you from the van, when you were jotting down the Plate Number? 

COURT: 
          Indicate the distance here in this Courtroom? How far was the van away from you? 

      A    (Witness indicating a distance of 9 to 10 meters). 

COURT: 
          Nine (9) to 10 meters as agreed by the prosecution and the defense. 

ATTY. DACUMOS: 
      Q    What did you do after jotting down the Plate Number of the van? 

ATTY. DEBALOCUS: 
          We object, Your Honor, the same, it has already answered. He said that he proceeded to Mantalongon.

 COURT: 
          He answered that already. 

ATTY. DACUMOS: 
      Q    What time did you arrive at Mantalongon? 

      A    Maybe five o'clock. 

      Q    What time was it when you saw the van and you jotted down that Plate Number? 

      A    As if almost 5:00 o' clock in the morning. 

ATTY. DACUMOS: 
          That's all for the witness, Your Honor.  

PAGE 35
COURT: 
          Cross-examination of this witness is likewise deferred as the other prosecution witnesses for the same reason. Witness is excused. 

          /to prosecution: 
          You have other witnesses? 

PROS. MIRO: 
          We will present them tomorrow, Your Honor. 

COURT: 
          So we can now adjourn. 

          O R D E R 

          At the continuation of the trial of these case today, private prosecutor Atty. Joshua Dacumos, conducted  direct-examination on prosecution witness Mario Miņoza, after which Atty. Dacumos conducted direct-examination on another prosecution witness Manuel Camingao. Cross-examination of said witnesses deferred until the time the accused have appointed counsels of their choice on or before September 24, 1998. 

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

          SO ORDERED. 

          Given in open court, this 16th of September 1998, at Cebu City, Philippines. 

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

PAGE 36  

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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.

                                                                       (SGD) FARAH T. ABANGAN
                                                                            Court Stenographer 

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

COMMENTS AND OBSERVATIONS FROM THE WEBMASTER:
       At the continuation of the trial today, private prosecutor Atty. Joshua Dacumos, conducted  direct-examination on prosecution witness, tricycle driver Mario Miņoza, after which he conducted direct-examination on another tricycle driver, prosecution witness Manuel Camingao. 

          These two individuals make, as of today's hearing, a total of ten prosecution witnesses already presented without being cross-examined by the defense. 

          Contradictory statements were issued by these two witnesses. Both were more or less passing by the same area at the same time. However, while Miņoza testified hearing loud sounds coming from the van, Camingao heard complete silence.   Both claimed not seeing any men within the vicinity, but earlier witnesses saw men (at least 4 persons) around the area. In fact, there were allegedly 8 men, besides the two girls in the area at that time. Where were they hiding?

          Miņoza said that she saw a woman running towards him, "as if insane". If she was being pursued by men who have kidnapped and raped her, why didn't she ask help from him? Why didn't she shout? He was alone in the tricycle. He could have picked her up. One more think, Miņoza heard loud "sounds" from the van. Why weren't anyone living within the vicinity presented as witnesses. Surely, they would have heard the "sounds", if true. Another thing, the state witness, Rusia, testified that the white car was all the time with them in Tan-awan, how come no one outside of Rusia, testified seeing that white car? 

          One more thing, these witnesses testified that they saw the van at around 5:00 am in Carcar, the star witness testified that he was dropped in Ayala at around 5:30a.m. The trip from Carcar to Cebu takes more than one hour. 

          Not any of these witnesses mentioned that it was raining hard that early morning as attested by the Weather Bureau.

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

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