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 before HON. 
                                                                 MARTIN A. OCAMPO, Presiding Judge of
                                                                 Branch 7, Regional Trial Court, Cebu 
                                                                 City, during the hearing on September 17, 
                                                                 1998
at 2:10 o'clock in the afternoon.
                                                                 

Present:
                                                                 HON. MARTIN A. OCAMPO
                                                                 Presiding Judge

ASSISTED BY:
                                                                  Mrs. Alicia L. Formentera
                                                                  Court Stenographer

                                                                   Mrs. Lucila C. Bajarias
                                                                   Interpreter

APPEARANCES:
                                                                   Prosecutor Primo C. Miro
                                                                   Prosecutor Cesar Estrera
                                                                   Prosecutor Teresita Galanida
                                                                   Prosecutor Ramon Jose Duyongco
                                                                   For the State
                                                                  

                                                                   Atty. Honorato Hermosisima
                                                                   Private Prosecutor


                                                                   Atty. Ferdinand Saornido
                                                                   Counsel for accused Rusia

PAGE 2

                                                                   Atty. Venustiano Ypil
                                                                  
Atty. Anacleto Debalucos
                                                                   Atty. John de Jesus
                                                                   PAO Lawyers  
                                                                  
Counsel de oficio for the
                                                                   rest of the accused

COURT: /to the interpreter
         Call the cases.

COURT INTERPRETER: (Calling the cases) 
          PEOPLE OF THE PHILIPPINES versus FRANCISCO JUAN LARRANAGA alias PACO, JOSMAN AZNAR, ROWEN ADLAWAN alias WESLEY, ALBERTO CANO alias ALLAN PAHAK, ARIEL BALANSAG, DAVIDSON VALIENTE RUSIA alias DAVID FLORIDO alias TISOY TAGALOG, JAMES ANTHONY UY alias WANGWANG, and JAMS ANDREW Uy alias MM, Criminal Cases Nos. CBU-45303 and CBU-45304 for Kidnapping and Serious Illegal Detention. 

PROS. MIRO:          
          For the state, Your Honor.

ATTY. HERMOSISIMA:
          Respectfully appearing as private prosecutor, Your Honor, in collaboration with the Prosecutors.

ATTY. SAORNIDO:
          Respectfully appearing for accused Rusia, your Honor.

ATTY. DEBALUCOS:
          Respectfully appearing as counsel de oficio for the rest of the accused, Your Honor, in collaboration with Attys. de Jesus and Ypil.

COURT:
          Before we begin the continuation of the trial of these cases, the Court wishes to dispose of 2 Motions pending before it. The first Motion is this one by Atty. Raymundo Armovit. Will you give a copy to the prosecution and a copy for the PAO lawyers? That is a Motion filed before the Court of Appeals asking for my inhibition on the ground of violation of the Code of Judicial Conduct according to Atty. Armovit by reason of the publication of the article in the Philippine Daily Inquirer of August 31st. See that article here about me? Now, according to Atty. Armovit, that is a violation of judicial conduct. He cites - what's this - Rule 2.02 Code of Judicial Conduct, quote: "A Judge should not seek publicity

PAGE 3
COURT:    (CONTINUATION)
for personal vainglory. So, he cites the article here, "Commentary .... He cites Nolledo Rules of Court,
1996 Rev. Ed. "The great prestige of judicial office and the high respect accorded to it by the public however require that judges be above the allurements of the spotlight. Actively seeing media exposure should be avoided by members of the bench who would do well to be ever mindful that they hold their office to promote justice, not themselves." Galit na talaga si Armovit. (Armovit must be really mad.) According to him, he is seeking publicity for personal-vainglory, E, anong magagawa natin ngayon? (So, what can we do now?) Hindi naman ako ang sumulat nitong article. (I wasn't the one who wrote this article?) I was not - there is an author here Ivan P. Suansing of the Philippine Daily Inquirer Visayas News. Is Mr. Suansing here now? May we know if Mr. Suansing - you are Mr. Suansing? Alright. So, what we will do is to ask Mr. Suansing to explain this article that he wrote. E, siya ang sumulat nito. (So, he wrote this article.) Bakit ako ang pagbibintangan, hindi naman ako ang sumulat nito, ha? (Why am I being blamed, it wasn't I who wrote this?)  So, we will issue subpoena to Mr. Suansing. Will you receive the sub­poena, Mr. Suansing - to appear on Monday or ngayon (or now) because we want to give a chance to Atty. Armovit to be present when you testify. So, we will give notice to Mr. Armovit to be present on Monday, 2:00 o'clock so he can cross-examine Mr. Suansing about this article that he wrote and we want to know the truth and only the author, Mr. Suansing, could tell us the whole truth about this article which he wrote and was published in the Daily Inquirer. Now, if Mr. Armovit - Atty. Armovit will not come on Monday, then we will ask the PAO lawyers to cross-examine Mr. Suansing about the article. Yon lang, (That's all,) okay? So, please be present on Monday, 2:00 o'clock and you will take the witness stand, Mr. Suansing? That's the only thing we can do. E, papano, (So, how now,) Mr. Armovit is accusing me of violating the Code of Judicial Conduct. E, hindi naman ako ang sumulat nito - bakit ako pagbibintangan? (So, I wasn't the one who wrote it - why will I be blamed?) 

PROS. DUYONGCO: 
            By promoting yourself.
 

COURT:
          Let
Mr. Suansing explain this article, di ba? (why not?) Alright, the second Motion is a motion filed by the accused Francisco Larrañaga, Paco. He is asking to defer the proceedings because of the pendency of  the certiorari case before the Supreme Court. But I'm afraid the Court has to deny your motion, Paco,  because you know our policy here, is not to defer or to suspend the trial because of the Supreme Court Administrative Order No. 104-96 that these cases must undergo a mandatory continuous trial and must be
finished within 60 days. Now, hindi lang ako ang nagsabi noon e, si Justice Benipayo. (Now, I am not the only one who said that, even Justice Benipayo.) Papano? (How?) So, you want me to suspend the trial until the Court of

(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)

Appeals acts on your petition? Kung mag-isang taon yon - (What if it takes one year - ) it takes them 1 year or 6 months, papano? (How then?) We will suspend the trial
of these cases for 1 year, 6 months? Hindi naman pwede yon, hijo, (That cannot be done, son,)  we cannot do that.
I'm sorry. So, we will just have to go ahead and hear the prosecution witnesses. please proceed, Fiscal. 

ATTY. DE JESUS:
          Your Honor, please, may we know from the prosecution the whereabouts of accused Rusia, Your Honor?

COURT :
          Rusia?

PROS. GALANIDA: 
          The counsel for Rusia will answer, Your Honor. 

COURT: 
          Yes.

ATTY. SAORNIDO: 
          Actually, Your Honor, Rusia is at the CIG and we tried to bring him here for today's hearing. I don't know if he was able to recuperate his stomach illness because there was already a sign yesterday afternoon and I don't know what happened . . . 

COURT: 
          So, he is waiving his appearance then?

ATTY. SAORNIDO: 
         
Yes, Your Honor. 

COURT: 
          He is waving.

ATTY. DE JESUS: 
          The waiver, Your Honor., we understand would only apply to accused who
is
on bail, Your Honor, and Rusia is not bonded.

COURT:
          No, no. this lawyer is saying that he is waiving his presence so the Court rules that it will continue. Call your next witness, Fiscal.

PROSECUTOR MIRO: 
          Our next witness, Your Honor, whose testimony
will be part of our evidence in chief, is SP04 Arturo
 

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

PAGE 5
PROSECUTOR MIRO:    (CONTINUATION)
Unabia. He will be presented by prosecutor Teresita Galanida for his direct testimony. 

COURT: 
          State the purpose.

PROS. GALANIDA:
          This witness is presented in order to testify that he is a member of the police force of Carcar, Cebu; that sometime in 1997 he was the officer-in-charge of Carcar Police Station; that in the morning of July 18, 1997 while he and some of his co-policemen
were in their office at the Carcar Police Station, a barangay councilman arrived and reported to them that there was a dead body of a woman which was found at the foot of the cliff or deep ravine in Sitio Tan-awan; that after receiving the report, they entered the same in their logbook, after which, he and some of his companions, police companions, together with the barangay councilman, went to Sitio Tan-awan and arriving thereat they proceeded to the edge of the cliff or the deep ravine pointed to by the reporter, the barangay councilman and from there, they saw the silhouette of a dead body way, way down below at a distance of about 150 meters from the top; this witness will testify how they took a circuitous route in going down to retrieve the dead body because they could not go down directly from the top considering the steepness of the cliff or the deep ravine; he will also testify an what transpired when they arrived at the foot of the cliff and will testify that not one of them touched the dead body until after photographs or pictures were taken of the actual position of the dead body; he will also testify how the dead body was carried with much difficulty to the top and arriving thereat that the dead body was brought to the. funeral parlor, the Tupas Funeral Parlor in Carcar, Cebu; he will also testify that later, they came to know about the identity of that dead woman to be Marijoy Chiong, one of the victims in those cases; he will also testify on same preliminary matters and on other matters that are related to the purposes already cited.

COURT:
          /Court Interpreter 
          Swear the witness.

COURT INTERPRETER:
          To witness:

          Do you swear to tell the truth, the whole truth, and nothing but the truth in this hearing? 

WITNESS: 
          I do.
 

PAGE 6
COURT INTERPRETER:
          
  TO WITNESS:

          Please
state your name, age, civil status, and other personal circumstances.

WITNESS: 
         
Arturo Unabia, 50 years old, married, policeman, and a resident of Bolinawan, Carcar, Cebu.

COURT: 
          You
may proceed.  

PROS. GALANIDA: 
          May it please this Honorable Court.

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

COURT : 
          You have another witness?

PROS. GALANIDA: 
          We have no other witness available this afternoon, Your Honor.

                                                                     DIRECT-EXAMINATION BY 
                                                                BY PROS.
TERESITA GALANIDA 

      Q    Mr. Witness, you mentioned in your personal circumstances that you are a policeman. How long have you been a policeman? 

      A    26 years.

      Q    Can you tell this Honorable Court where you are presently assigned?

      A    I'm assigned in Carcar Police Station.

      Q    Since when have you been assigned at the Carcar Police Station?

      A    Since October 8, 1972. 

      Q    Continuously up to the present? 

      A    Continuously up to the present.

      Q    On July 18, 1997 in the morning thereof, can you recall where were you? 

      A    I was at the office of Carcar Police Station.

PAGE 7
    Q   
At that time, can you tell this Honorable Court what was your designation?

      A    I was designated as officer-in-charge of Carcar Police Station. 

      Q    Under what circumstance were you designated as the officer-in-charge of the Carcar Police Station at that time? 

      A    Because the incumbent Chief of Police was granted a vacation leave. 

      Q    And what was the period of the vacation leave of the incumbent chief of police at that time? 

      A    Since June 8, 1997 until he was relieved. 

      Q    Now, you said you were in your office at Carcar Police Station that morning of July 18, 1997. Who were with you, if any?

      A    My co-policemen. 

      Q    Can you name these co-policemen of yours whom you said were with you in the office of the Carcar Police Station that morning of July 18, 1998? (correction, should be 1997)

      A    SPO4 Ardon, SPO3 Raboy, P03 Gascon.

     Q   Now, while you and your co-policemen whose names have just entered into the record were in your office  at the Carcar Police Station that morning of July 18, 1997, who arrived, if any?

      A    The barangay councilman of Guadalupe. 

       Q    And who was that barangay councilman who arrived? 

      A    Mr. Rudy Lasaga. 

      Q    You mentioned that barangay. councilman Rudy Lasaga of Sitio Guadalupe arrived. To what municipality is Sitio Guadalupe situated?

      A     Guadalupe is situated in Carcar, Cebu. 

      Q    Can you recall what time was it when barangay councilman Rudy Lasaga arrived? 

      A    At around 10:00 o'clock. 

      Q    What was the purpose of barangay councilman Rudy Lasaga in going to the office that time? 

      A    He reported regarding the dead woman found in Tan-awan Cliff.

      Q    So, What did you do with that report personally made by the barangay councilman Rudy Lasaga about the dead body which was found in Tan-awan cliff?

PAGE 8
        A    We entered it in the logbook. 

      Q    By the way, where is this Sitio Tan-awan located; in what municipality is this situated? 

      A    Sitio Tan-awan is situated in Barangay Guadalupe, Municipality of Carcar, Cebu.

      Q    So, after you entered the report in the logbook, what did you do next? 

      A    We assembled our co-policemen to verify the report. 

      Q    So, who were those policemen whom you said you assembled in order to verify the report of barangay councilman Rudy Lasaga?

      A     SPO4 Ardon, SPO2 Raboy and PO3 Gascon.

    Q   After assembling these co-policemen of yours, what did you do next? 

      A    We proceeded to Tan-awan. 

      Q    Who were with you in proceeding to Sitio Tan-awan? 

      A    Together with us, the barangay Kagawad Rudy Lasaga. 

      Q    Aside from barangay councilor Rudy Lasaga, who else was with you? 

      A    A policeman. 

      Q   The 3 policemen whose names you mentioned earlier? 

      A   Yes, ma'am. 

      Q    So what means of transportation did you take in go to Sitio Tan-awan? 

      A    Our patrol jeep. 

      Q    By the way, how far is this sitio Tan-awan from your office at the Carcar Police Station? 

      A    Around 7 kilometers from Carcar Police Station. 

      Q    So, when you and your companions arrived at Sitio Tan-awan, what happened? 

      A    We saw many people there. 

      Q    And then afterwards? 

      A    We looked down the cliff which was pointed by the councilor there. 

      Q    Who were with you at the time when you said you looked down to the foot of the cliff pointed to by the barangay councilman Lasaga as the place where the dead body of a woman was found?

PAGE 9
      A    We were on top of the cliff looking down which was a very deep ravine.

      Q    You said that the ravine was so deep. Can you estimate the distance from the top of the cliff where you were there at the time when you looked down at the foot of the cliff? Can you estimate the distance?

      A    150 meters more or less. 

      Q    Now, from the top of the cliff where you were standing in looking down at the foot of the cliff where you said the dead body of a woman was found as pointed to by the barangay councilman, can you describe to this Honorable Court the terrain from the top of the cliff to the foot of the cliff? 

      A    The position of the cliff is really steep and it's very deep. 

PROS. GALANIDA: 
          May I also put on-record, Your Honor, that while this witness was testifying that it was very steep, he made a hand demonstration with his palm open vertically downwards. 

      Q    So, after that, what did you next? 

      A    I Instructed my companions to cordon the place and then the barangay councilor and me went down in order to look for a way in going down the cliff. 

      Q    You said you instructed your co-policemen. Whom particular did you instruct to cordon the area at the top of tine cliff? 

      A    My companions who were left behind. 

      Q    Who were those companions?

      A    SPO4 Ardon, SPO2 Raboy and PO3 Gascon,

      Q    Can you tell this Honorable Court why you had to look for another way in going down to the foot of the cliff as you mentioned earlier? 

      A    We have to look for another way because we could not go down directly because it's very steep and deep and so we have to look for another way which is a gradual and sloping place. 

      Q    In effect, were you able to find this route which you described where it is sloping and where you could get down? 

      A    Yes, ma'am.

      Q    Who were with you at that time when you got down using that portion which you said. the descent was gradual?

PAGE 10
      A    The barangay councilor and the barangay tanod.

      Q    Can you tell this Honorable Court after going down that gradual descent which you said, where did you go next? 

      A    When we found out the place where the descent is gradual, so we reached the river or the creek and then from the river we went back to the foot where the dead body of a woman was seen.

      Q    Now, can you tell this Honorable Court how long did it take you to go down to the foot of the cliff thru that route which you have just described to this Honorable Court?

      A    Around 15 minutes because it was muddy and slippery.

      Q    And now when you arrived. at the foot of the cliff here the where the dead body of a woman was found, what happened?

      A    We saw together with my companions, the barangay councilor and the barangay tanod, that the dead woman was lying on the side. 

      Q    On which side of her body was she lying on the ground? 

      A    It was the left side of body which touched to  the ground.

      Q    What else have you observed? 

      A    Her pants was also torn, her orange t-shirt was raised up (witness demonstrating by pulling his left and right hand up in front of his breast); and the bra of the dead woman also was placed down; and her face covered with masking tape which was placed around her head and also the masking tape was tied around her neck.

COURT: 
      Q    What about her eyes?

      A    They were slightly covered by the masking tape. 

      Q    But not completely covered?

      A    The eyes were almost covered, only the lower portion were seen and there were so many flies. 

      Q    But her lips were completely covered with tape?

      A    Only these. (witness pointing to his eyes, forehead and also his neck) 

      Q    But her lips were not covered with tape?

PAGE 11
      A    No, Your Honor, but there were also flies in her mouth. 

PROS. GALANIDA: 
     Q  
Now, you said that the dead woman was lying on her left side with her left face touching the ground. What about her left arm, where was her left arm? 

      A    (witness placing his left hand at the back explaining that the left hand was covered or under his body) 

      Q    What about her right arm?

      A    Her right arm was just placed in front of her.

    Q   Now, you said that her left arm was pinned under her body. What have you observed on her left hand, if any? 

    A  On her left hand, there was a handcuff placed in her left hand which was placed under her body.

COURT: 
    Q   
Was the handcuff attached on the left hand? 

      A    Yes, Your Honor. 

PROS. GALANIDA: 
      Q   
Now, in order to make it illustrative to this Honorable Court. will you be willing to demonstrate by lying down on the floor exactly the position that you saw of the dead body when you arrived at the foot of the cliff? 

      A    Yes, ma'am. 

      Q    Will you step down and demonstrate?

         A    (witness went down from the witness stand; witness lying down on the left side of his body with his left hand under the left side of his body and the right hand was planed in front of his breast; the right foot was a little bit forward and the left foot was on the ground)

      Q    Now, that woman that you saw whose actual position was the one that you just demonstrated now, can you estimate how old was she? 

      A    More or less 20 years old. 

      Q    Now, did anyone of you or your companions touch the body of the dead woman?

      A    No, we never touched the dead body.

PAGE 12
      Q    Why, can you tell this Honorable Court the reason why not one of you toughed the body when you arrived at the foot of the cliff? 

      A    We first took a picture of the dead body the woman but at that time there was no photographer yet so I sent somebody to get a photographer. 

      Q    In effect, did the photographer arrive? 

      A    It took us time to wait for the photographer and I even drove away the flies from the mouth of the dead woman. 

      Q    So, in effect, did the photographer arrive? 

      A    Yes, ma'am the photographer arrived.

      Q    About what time was it it you can recall when the photographer arrived?

      A    Past 11:00 o'clock in the morning. 

      Q    Who was that photographer who arrived? 

      A    I remember the family name Rodriguez. 

      Q    So, when that photographer Rodriguez arrived at tae foot of the cliff, what instructions, if any, did you give to him? 

      A    I instructed him to take photographs of the front view and the back view of the dead body of the woman. 

      Q    Do you have now those pictures of the front view and the back view of the dead body of that woman? 

      A    Yes, I have. (witness getting from his envelope showing the different pictures of a woman attached to the white bond paper) 

PROS. GALANIDA: 
          I would like to manifest for the record, Your Honor,
that on the first sheet, there are 2 pictures attached; on the second sheet, there are 3 pictures attached; and on the third sheet, there are 2 pictures attached. 

      Q    Now, Mr. Witness, will you kindly tell us which of these pictures were taken on the front view? 

      A    (witness showing to Prosecutor Galanida the photographs of the front view of the dead woman) 

      Q    Now, you mentioned earlier that you saw a masking tape wrapped around the eyes and the head of the dead woman. Will you kindly point in this picture where is that masking tape wrapped around the head covering the eyes and also the neck? 

      A    (witness pointing. to the masking tape in the first

PAGE 13 
picture and also another masking tape in the second picture wrapped around the head and also the neck of the dead woman which covered completely the left eye and partially covered the right eye)

PROS. GALANIDA:
      Q    May we request, Your Honor, that the first picture here on this first sheet, be marked as our Exhibit "Z"

COURT: 
         
Mark it. 

PROS. GALANIDA: 
          And the portion pointed to by the witness as the masking tape wrapped around the head covering the eyes and the neck, be marked as our Exhibit Z-1"

COURT: 
         
Mark it. 

PROS. GALANIDA: 
         
Inasmuch as it is quite difficult to mark the picture in itself, Your Honor, may we just request that an arrow be drawn from this portion pointed to as the masking tape and the label will be on the bond paper. While waiting for the pentel pen to mark the masking tape as we requested, may we request the witness to indicate in the second picture where is that masking tape which he mentioned? 

      A    (witness pointing...) 

PROS. GALANIDA: 
          As Exhibit "Z-1" the masking tape in the first picture and the second picture, Your Honor, be marked as our Exhibit "AA"; and the masking tape also pointed to by the witness in the second picture, be labeled as our Exhibit "AA-1".

COURT:
         
Mark them. 

PROS. GALANIDA: 
         
The torn pants as can be seen in the first picture, be also labeled as Exhibit "Z-2" and the raised orange t-shirt, be marked as Exhibit "Z-3".
 

COURT: 
          Mark them.

PAGE 14
PROS. GALANIDA: 
          And likewise, Your Honor, the very visible torn pants in the second picture, be labeled and marked as Exhibit "AA-2" and the raised orange
t-shirt, be marked as Exhibit "AA-3".

COURT: 
          Mark them. 

PROS. GALANIDA: 
          I would like to manifest for the record, Your Honor, that although these 2 pictures, Exhibit "Z" and Exhibit
"AA" were taken on its front view, but these are of different angles.

     
Q    Let's go back to the pictures which you said you instructed your photographer to take from the back view. Will you show it to this Honorable Court?

      A    (witness showing the third sheet of 3 pictures with the back view)

      Q    Now, you mentioned that the dead woman was lying on her left side with her left arm underneath her body and with a handcuff attached to the left hand. Will you I kindly indicate in the picture the left hand if it can be seen?

      A    The left hand of the woman in this picture could not be seen because it was covered by the trunk of a tree. (witness pointing to a portion near the tree) 

      Q    Now, earlier, you indicated in this picture that the left hand could not be seen because you said it was covered by the branch of the tree but you indicated on this portion where here is a certain kind of a metallic thing. What is this metallic thing represent?

      A    That is a handcuff.

      Q    On what hand?

        A    On her left hand. 

PROS. GALANIDA: 
          I would just manifest for the record, Your Honor, that earlier when this witness pointed to this picture saying that the left hand could not be seen in this picture because it was covered by the branch, he was pointing to this portion of the picture where there is a handcuff very visible from the picture. So, may we request, Your Honor, that the first picture attached to the second sheet, be marked as Exhibit "BB" for the prosecution. 

COURT: 
          Mark
it. 

      Q    Are you saying that it's the other end of the hand-

PAGE 15
cuff that was visible and the other end of which was attached to her left hand?

      A    Yes, Your Honor. 

COURT: 
          Alright. So, that
's the other end of the
handcuff. 

PROS. GALANIDA: 
         
May I request, Your Honor, that this handcuff which clearly is open on the other end, be encircled and marked as Exhibit "BB-1".

COURT: 
          Mark it.
  

PROS. GALANIDA:  
      Q    Earlier, you also mentioned that you saw that the bra
of the dead woman was placed below or as what you described it on the record. Will you kindly point in this sketch where the bra of that woman is? 

      A    (witness pointing to a white strap which was already lowered from her breast) 

PROS. GALANIDA: 
          May we request, Your Honor, that this portion which indicated the position or tie location of the bra which was lowered, be marked as Exhibit "BB-2".

COURT: 
         
Mark it. 

PROS. GALANIDA: 
      Q   
What about the masking tape in this picture, will you point to it?

      A    (witness pointing to the head and the neck of the woman covered with the masking tape) 

PROS. GALANIDA:
         
May we request, Your Honor, that this masking tape taken from the back view, be marked as Exhibit "BB-3" for the prosecution.

COURT: 
          Mark it. 

PROS. GALANIDA: 
      Q    Now, Let's go to the second picture taken from the back view. Will you kindly indicate in that
sketch where the handcuff is?

PAGE 16
      A    It is also at the back of the dead body. (witness pointing to the metallic object which is open at the end which is the handcuff) 

PROS. GALANIDA: 
          May we request, Your Honor, that the second picture, be marked as Exhibit "CC" for the prosecution.

COURT: 
          Mark it. 

PROS. GALANIDA: 
         
And also, the location of the handcuff, be marked as Exhibit "CC-1"

COURT: 
          Mark it. 

PROS. GALANIDA: 
          And also, Your Honor, the location of the bra, be marked as Exhibit "CC-2"

COURT: 
          Mark it. 

PROS. GALANIDA: 
          And the masking tape also, Your Honor, be marked as Exhibit "CC-3".

COURT: 
          Mark it. 

PROS. GALANIDA:  
      Q    Let's go also to this third picture taken from the back view. Will you also point to the location of the handcuff which you said was still attached to the left wrist of the dead woman?
 

      A    (witness pointing to the handcuff found at the back of the dead body of a woman)

PROS. GALANIDA: 
          May we request, Your Honor, that this third picture, be marked as our Exhibit "DD" and the handcuff, be encircled and marked as Exhibit "DD-1"

COURT: 
          Mark it.

PAGE 17
PROS. GALANIDA: 
          The bra, be labeled as Exhibit "DD-2"

COURT: 
          Mark it. 

PROS. GALANIDA: 
          And the masking tape, be marked as Exhibit "DD-
3"

COURT: 
          Mark it. 

PROS. GALANIDA: 
     
Q    Now, on this third sheet are 2 pictures also Mr. Witness. Can you tell this Honorable Court what are these pictures? 

ATTY. DE JESUS: 
          We would like to object to that, Your Honor, because the fact that the pictures presented earlier only refers to the testimony of this policeman where he went down to the cliff and not where the body now
is pictured . . .

COURT: 
          May I answer, Your Honor? 

COURT: 
          Yes. 

PROS. GALANIDA: 
          E
arlier, Your Honor, the policeman gave to me these 3 sheets containing pictures. As in fact, I manifested before this Honorable Court that the witness gave me 3 sheets with pictures on it. Since he was the one who gave it to me, I believe I have the right to ask him what are those pictures found on the third sheet. It came from him. 

COURT: 
          So, the pictures came from the witness. Let him explain what those pictures are that he himself brought to court. Proceed. 

PROS. GALANIDA: 
      Q    Now, can you tell this Honorable Court what are these pictures? 

      A    These pictures were pictures of the dead woman taken when this dead woman was already brought to the Tupas Funeral parlor.

PAGE 18
ATTY. DE JESUS: 
          Your Honor, please, we would like to move for the striking out of the presentation of the picture. The fact that that is not even stated in the purpose the presence of the policeman in the funeral parlor.

PROS. GALANIDA: 
          Your Honor, please, the PAO counsel did not hear, Your Honor. One of my purposes
is, he is also going to testify on matters related to the purposes already cited. 

ATTY. DE JESUS: 
         
I did not hear it. 

PROS. GALANIDA: 
         
Will you please let me finish.  I'm not yet finished. 

COURT: 
          Alright, let her finish. 

PROS. GALANIDA: 
          I stated as one of my purposes, Your Honor, that when they were on top of the cliff the dead body was brought to the Tupas Funeral Parlor in Carcar. So, that was a purpose. So, any matter related to the Tupaz Funeral Parlor is embraced herein when he is identifying now that these pictures are the same pictures of the dead woman over there and were taken at the Tupas Funeral parlor. So this is a related matter to one of the purposes I
cited. 

COURT: 
          Anyway, it can readily be seen if these pictures matched if it is the same woman
appearing in the other pictures. So, there is no harm done if we allow that to be admitted because the one seeing these pictures can compare. If this is a different woman in the funeral parlor, makikita naman, e. (It will be seen anyway.) Is it the same woman appearing in the other pictures or this is a different woman. So there's no harm . . . 

ATTY. DE JESUS: 
          Our objection, Your Honor, is based on the fact that
the witness did not yet state whether they went to the parlor or not because it is . . .  

COURT: 
          Well, ask him first
whether they went to the parlor . . . Lay the basis. 

ATTY. DE JESUS: 
          No basis at ell , Your Honor.

PAGE 19
PROS. GALANIDA:
      Q    Alright. Although it will no longer become chronological, Your Honor, in my questioning but just to satisfy the defense counsel, I will ask him. Now, when the dead body was brought to the top of the cliff, where was that dead body brought to?

      A    The dead body of the woman was taken by the Tupaz Funeral Parlor and so she was brought to the Tupas Funeral Parlor.

PROS. GALANIDA:
          My I continue, Your Honor, with the sequence which left?

COURT: 
          Proceed. 

PROS. GALANIDA: 
      Q    Now, you have just identified these pictures on the first 2 sheets Exhibits "Z",
"AA", "BB", "CC" and "DD". Now, I'm showing you here a bunch of pictures which have already been marked during the direct-examination of Mrs. Chiong. I would like you to go over these pictures, examine it and tell this Honorable Court if you can say what is the relation of these pictures to these pictures which you brought to the Court and already marked. Let us start here with this picture already marked as Exhibit "L" during the direct-examination of Mrs. Chiong on August 18, 1998. Will you please take a look at it?

      A    (witness examining Exhibit "L" which is the dead body of a woman) This is the same picture. (witness referring to Exhibit "Z" and series) 

      Q    Now, what about this Exhibit "N" which was also marked on August 18, 1998? 

      A    (witness examining Exhibit "N", a dead woman also lying) . . .

COURT: 
          And comparing it with what? 

      A    (comparing to Exhibit "Z" which is also a picture of the dead body of woman) Yes, this is the same picture. 

PROS. GALANIDA: 
          I forgot, Your Honor, to manifest for the record that Exhibit "L" was compared by this witness with Exhibit "Z" and he said this is the same picture
and when he also compared Exhibit "N" with Exhibit "AA"

PAGE 20
he also mentioned that this is just the same picture. 

      Q    What about this picture already marked as Exhibit "M"  during the direct-examination of Mrs. Chiong on August 18, 1998? 

      A    This is the same picture but this picture, (witness referring to Exhibit "AA") this was only enlarged. 

COURT: 
          The same picture as what - as exhibit? 

PROS. GALANIDA: 
          He is examining, Your Honor. 

      A    The same picture as Exhibit "BB"

PROS. GALANIDA: 
      Q    What about this picture already marked as Exhibit "O" for the prosecution - but before that, I forgot. May I request, Your Honor, that these 2 pictures found on the third sheet which according to the witness were the pictures taken when the dead body of the same woman was brought to the Tupaz Funeral Parlor in Carcar, be marked as Exhibit "EE" for the first picture on the third sheet and Exhibit "FF" for the second picture. 

COURT: 
          Mark them. 

PROS. GALANIDA: 
      Q    As I said, these 2 enlarged photos already marked as Exhibit "O" and Exhibit "P" during the direct-examination of Mrs. Chiong on August 18, 1998, will you kindly take a look at these and tell the Honorable Court what relation has these 2 pictures to these 2 pictures now just marked. Exhibits "EE" and "FF"

ATTY. DEBALUCOS: 
          We object to that . . . 

COURT: 
          Wait, there is an objection. 

ATTY. DEBALUCOS: 
          We object to that question, Your Honor, in fact . . . 

PROS. DUYONGCO: 
          We only need the ground, Your Honor. 

PAGE 21
COURT: 
          What's the ground? 

ATTY. DEBALUCOS: 
          The ground, Your Honor, is that there is no basis to ask for that. Aside from that, Your Honor, the basis is hearsay. It's not shown that that witness was present when these pictures were taken. 

COURT: 
          What can you say to that? 

PROS. GALANIDA: 
          Your Honor, please, we will be presenting witnesses to that effect but this witness has brought these pictures along with him and that is precisely the reason why I am asking him about these pictures. 

COURT: 
          You will present the photographer? 

PROS. GALANIDA: 
          Yes, of course, for purposes of marking only. 

COURT: 
          Because this witness - he was the chief investigator at that time and so it's quite proper for him to . . . 

PROS. GALANIDA: 
          I'm sorry, Acting Chief of Police, Your Honor, not the investigator. 

COURT: 
          Acting Chief of Police. So, he brought these pictures himself which were taken by the men under him? 

PROS. GALANIDA: 
          Yes. 

ATTY. DEBALUCOS: 
          Not now, Your Honor . . .

COURT: 
          The prosecution will also present the photographer. 

ATTY. DEBALUCOS: 
          Then let the photographer . . .  


PAGE 22
COURT: 
          But, in the meantime, the Chief of Police can present the pictures that were taken by his men because they were under him and they were submitted to him as head of the office of the police station. 

ATTY. DEBALUCOS: 
          May I speak, Your Honor? But in the first place, Your Honor, it must be shown first that the witness was present at the place where it was taken and also it must be shown that he was present when these pictures were taken. 

COURT: 
          They will present witnesses who will identify these pictures. Now, for the present, we can admit this testimony of the witness conditionally . . . 

PROS. GALANIDA: 
          Yes, conditionally, Your Honor. 

COURT: 
          About this pictures upon the condition that they will present the photographer himself later on. 

ATTY. DEBALUCOS: 
          But this is only hearsay and inadmissible, Your Honor. What the prosecution . . .

COURT: 
          No, this is conditionally admissibility. If they cannot present the photographer then we will strike out. That is the condition - conditionally admitted on the condition . . . 

ATTY. DEBALUCOS: 
          And it will be placed on record, Your Honor. 

COURT: 
          Yes, on the condition that they will present the photographer or persons who took the pictures. 

PROS. GALANIDA: 
          Moreover, Your Honor, he is simply also was asked about what he sees actually from the pictures from his own perception because he is only asked how he compares these 2 big pictures which he brought before this Honorable Court which pictures were in his possession. Anyway, we submit to the ruling of this Honorable Court. If we could not present the photographer then this can be stricken off and this is conditionally admitted. 

PAGE 23
COURT: 
          Yes, because he was not the one who took these pictures. 

PROS. GALANIDA:
          Yes. 

COURT: 
          You have to present the one who took these pictures.

PROS. GALANIDA: 
          Yes, if he is still alive now, Your Honor, the one who took these pictures.

COURT: 
          Well, if he is not alive then you have to present a motion that he died . . .

PROS. GALANIDA: 
          Yes.

      A    (witness comparing Exhibit "O" to Exhibits "EE" and "FF" and also to Exhibit "P") Exhibit "O" is the same to Exhibit "EE" and Exhibit "FF" and Exhibit "O" is also the same to Exhibit "P"

PROS. GALANIDA:
      Q    So, after these pictures, Exhibits "Z", "AA" to "DD" were taken of the dead woman at the foot of the cliff, but before that, Your Honor . . . Mr. Witness, can you tell this Honorable Court the condition of the ground where the dead body was found, the condition on the ground at the foot of the cliff where the dead body was found?

      A    The lower portion is muddy because it's a river.

      Q    What about this portion here, what are these things you see in these pictures?

      A    This portion is stony.

      Q    So, are you saying that these things here that you see - What are these things here that you see, these big round things that you see on these pictures; what are these? 

      A    These are stones. (witness referring to the pictures Exhibits "BB", "CC" and "DD")

COURT: 
          Show it to the defense counsel. You know, the witness saw these stones himself. He was there although he did not take the pictures. He saw the scene . . .

PAGE 24
ATTY. DEBALUCOS: 
          Your Honor, please, although we can see stones here but they are not big, Your Honor.

PROS. GALANIDA: 
          According to you. But here, Your Honor, this portion here, these very big round things which the defense counsel says to him is not big - What is this big portion here in front of the dead body? What is that big round thing, this portion?

      A    These are big stones.

COURT:
          That is immaterial. That is a trivial matter.

PROS. GALANIDA: 
          Just a counter-manifestation to the manifestation of the defense counsel.

COURT: 
          Because she was not killed by means of a stone. If she was killed by means of a stone, that is material.

PROS. GALANIDA: 
          Precisely, Your Honor. For that, may we request, Your Honor, that this big round thing identified by the witness to be a stone as a counter-manifestation to the manifestation of defense counsel that the stones are small, that this big round thing, be encircled and marked as Exhibit "AA-4" .

COURT: 
          Mark it. 

PROS. GALANIDA: 
          And these big round things also representing rocks found on Exhibits "DD" and "CC", be encircled respectively and marked as Exhibits "CC-4" and "DD-4" 

COURT: 
          Mark it. 

PROS. GALANIDA: 
      Q    So after these pictures were taken, what happened next?

      A    The personnel of the Tupaz Funeral Parlor arrived and so I requested them to lift the body of the dead woman and placed it on a stretcher and brought to the top of the cliff.

PAGE 25
    Q  By the way, at that time did you know who was that dead woman?
 

      A    No, ma'am.

      Q    Later, did you come to know who she was?

      A    A few days after, I know the dead woman.

      Q    Who was she?

      A    Marijoy Chiong.

COURT:
          How did you come to know?

PROS. GALANIDA:
      Q    Will you please answer the query of this Honorable Court? How did you come to know that the dead body there was Marijoy Chiong?

      A    I know after the examination of the Crime Lab and I was told that that was the body of Marijoy Chiong.

PROS. GALANIDA:
          Anyway, just for the record, Your Honor, we will be presenting the finger printer from the PNP Crime Lab.
      Q    Now, you said that in carrying the body of Marijoy Chiong fro the foot to the top, she was carried by the personnel from the Tupaz Funeral Parlor of Carcar loaded on a stretcher. How many were they who carried her to the top of the cliff?

      A    They were only 2 who carried the dead body.

      Q    Where did you pass in going up to the top of the cliff?

      A    The 2 persons who carried the dead body of the woman passed through the river and the water was waist deep.

      Q    And what about you and your other companions, where did you pass?

      A    And since the pathway was slippery or muddy, so we just passed at the side of the river while the 2 who carried the dead body of the woman passed through the river because the side was slippery. 

      Q    And so, what happened when the dead woman was carried across the river by the personnel from Tupaz Funeral Parlor?

      A    When they lifted the dead body and carried through the river, I saw the worms come out from her mouth. 

PAGE 26 
COURT; 
      Q    Let us ask him - when you went down to that place where the body was lying down, did you not try to check from papers or documents in her pocket or in her clothing who she was?

      A    We did not touch the body anymore we were also very hungry and it was already 1:00 0'clock.

      Q    So, you did not try to find out any documents or papers in her clothing, who that woman was. You did not?

      A    No, Your Honor.

      Q    At the Funeral Parlor, did you or your men try to find out from documents or papers in her clothing who she was?

      A    When the body arrived at the funeral parlor, it was inspected and there was nothing found.

COURT:
          Alright, proceed.

PROS. GALANIDA:
      Q    How long did it take the dead body to be brought up to the top of the cliff?

      A    Around 15 minutes.

      Q    So earlier you said that the dead body was brought to the Tupaz Funeral Parlor in Carcar. Do you remember having said that earlier?

      A    Yes, ma'am.

      Q    Do you know how long the dead body was laid there in the Tupaz Funeral Parlor?

      A    Since July 18 until July 24.

      Q    Why, what happened to the body on July 24, 1998? (correction 1997.) 

      A    On July 24, somebody claimed that that was the dead body of Marijoy.

      Q    Who was he, if you know?

      A    The father of the victim.

      Q    Do you know the name of the father of the victim?

      A    I forgot the name but it was Mr. Chiong.

      Q    By the way, this Sitio Tan-awan where the dead body

PAGE 27
of Marijoy Chiong was found at the foot of that very deep ravine in Sitio Tan-awan, how far is this from the Cebu City proper?

      A    Around 47 kilometers from Cebu City.

      Q    What about your office at the Carcar Police Station, how far is Sitio Tan-awan where at the foot of the deep ravine the dead body of Marijoy Chiong was found, how far is it?

      A    Around 7 kilometers.

PROS. GALANIDA:
          That will 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 who has testified so far. So, you have no other witness today? 

PROS. MIRO: 
          We have no other witness to present today, Your Honor.

COURT:
          On Monday?

PROS. MIRO: 
          On Monday, Your Honor, we will have 2 or 3 witnesses. 

COURT:
          So we will adjourn today's session.

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

COURT:
          Yes.

ATTY. HERMOSISIMA: 
          Your Honor, please, the prosecution noted yesterday that this Honorable Court does not have a good idea of the cliff, Your Honor, especially when Your Honor asked the witness yesterday that it's not the cliff situated right beside the road. So that, Your Honor, this cliff is something unique. It is airy, spine chilling. These are the circumstances that cannot be easily translated by the witness to the Court. It is for this reason, Your Honor, that we may have a free time next week because we believe that we can      

PAGE 28
be through presenting our witnesses by Monday, the latest Tuesday. So we can give a free time Wednesday. We would propose, the prosecution would propose for an ocular inspection, Your Honor. This will certainly aid the Court in arriving at a more accurate picture of the cliff and of course, it will guide the court . . .  

COURT:
          I think it's not necessary because what is important is that the victim died. Whether it is a deep ravine or a shallow ravine, the fact remains that she was found dead and she was dumped into that cliff. So, it doesn't really matter.

ATTY. HERMOSISIMA:
          Okay, Your Honor.

COURT:
          We will just waste our time in going there if we will see there's a cliff. But the victim died. So, what is important is that the victim died. So, what is important is that the victim was found there and she was dead.

ATTY. HERMOSISIMA:
      We submit, Your Honor.

COURT: 
          So we will just adjourn today's hearing and on Monday you will continue the presentation of your evidence. Also we shall hear Mr. Ivan Suansing.

PROS. MIRO:
          Yes, of the  . . .

COURT:
          He will testify about his article in the Inquirer because we want to know the truth and only Mr. Suansing can tell us the truth of what that article that he wrote - he was the author. How he came to know, how he came to write that article I am being blamed as violation of the Code of Judicial Conduct. Yon ang sinasabing (That's what it says) vainglorious, self-interest, publicity seeking or vainglorious. 

PROS. MIRO:
          For personal advertisement.

COURT: 
          Well, what can we do? Seguro wala nang maisip si (Maybe he doesn't have any other idea, this) Atty. Armovit - reason for inhibiting me. Pati yong article ginagawa niyang (Even that article he made it ) ground for my inhibition. Hindi naman ako ang may gawa ng artcle na yan. (I wasn't even the one who wrote that article.)

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

PAGE 29
PROS. MIRO:
          Is he still the lawyer of the accused, Your Honor? That's the question.

COURT:
          Well, he is the lawyer for the accused there in the Court of Appeals and also for the former lawyers . . .

ATTY. HERMOSISIMA:
          Incidentally, Your Honor, we do not have a copy of this petition.

COURT:
          Wala rin ako, e. Nauna yong resolution. (I also don't have it. the resolution came first. The petition has not yet arrived. I suppose that's the usual custom of Atty. Armovit. He mailed it by registered mail. So nauna pa yong resolution ng Court of Appeals. (So the resolution of the Court of Appeals arrived first.)

ATTY. HERMOSISIMA:
          How can we file a comment on that resolution, Your Honor?

COURT: 
          Ako rin - (I cannot also -) I cannot file any comment. I have not received . . .

ATTY. HERMOSISIMA:
          We will just have to inform the Court of Appeals, Your Honor, that . . .

COURT:
          We were not - I have not received it.

ATTY. HERMOSISIMA:
          That no petition was attached to that resolution?

COURT:
          No petition was attached.

ATTY. HERMOSISIMA:
          So that's nothing in effect.

COURT:
          Well, what can we do? E, wala. (So, nothing.) We cannot comment . . .

ATTY. HERMOSISIMA:
          We will just make a proper manifestation.

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

PAGE 30
COURT:
          So, we will continue on Monday at the usual time.
          Session adjourned. 
          
                                                                                                      O R D E R 
                                                                              (See the records)

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                                                                               CERTIFICATION

                                       I hereby certify that the foregoing is a true and correct transcript of stenographic 
                               notes taken
during the above-entitled cases with specified date, time, and                  
                          place appearing therein, to
the best of my knowledge, hearing, and ability.

                                                                       (SGD) ALICIA L. FORMENTERA
                                                                                           Stenographer 

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

COMMENTS AND OBSERVATIONS FROM THE WEBMASTER:
       For the eleventh time, a prosecution witness is again presented in court with the accused not being represented with lawyers of their own choice.  The acting chief-of-police of the town where an unidentified dead lady was found was presented by Pros. Galanida. He was not cross-examined by any defense lawyers.

          This lone witness for the day testified that the cliff was 150 meters, more or less deep. Earlier newspaper reports cited the deep as 100 meters. However, the actual height of the cliff as measured and cited by the Bailen Report (page 3) was only 90 meters. 

          Contrary to what the star witness (Davidson Rusia) earlier testified that the mouth was taped, this witness testified that "her lips were not covered with tape". The witness said that the eyes, forehead and also neck were the only ones covered with tape.

          This witness brought with him all the pictures allegedly taken by the photographer. Strangely, only 5 pictures of the dead lady was taken at the foot of the cliff. And not one of them had the close up face of the dead lady. And three of these 5 pictures were the back view shot at different angles. It is interesting to note that no picture showed clearly if the dead lady was barefooted or what kind of shoes was she wearing. In an earlier "Help-Missing" ad of the Chiong family published in Sun Star's July 21 and 22, 1997, Marijoy was supposed to be wearing pearled sandals. What kind of shoes was the dead lady wearing. All the pieces of clothing of what the dead lady was wearing was presented in court except her shoe and/or sandals. Why?

          The witness presented only two pictures allegedly taken by the photographer at the funeral parlor. Not a single picture showed a clear frontal face of the dead lady. This made Judge Ocampo accuse that "there appears to have been deliberate intent on the part of the Police and the Prosecution not to present frontal, close-up pictures of the face of the said corpse - which surely must have been taken or photographed both at the ravine were the corpse was found at about 10 A.M. of July 18, 1997, ....... and at the Tupaz Funeral Parlor where the corpse was immediately brought thereafter. That woman had been dead for only about 30 hours and her face was perfectly intact and recognizable - as shown by the distant, angular photos of said corpse submitted to the Court. It is unthinkable and unbelievable that the Police had not taken frontal, close-up photos of the face of that still undecomposed corpse - which is the most logical thing to do in cases of unidentified dead bodies. But, lo, the Police took photographs (or they submitted only photographs) of that corpse in different positions but excluding the frontal of her face. There is a frontal, close-up photo of her face - but then her face appears to be covered with a towel or something - so that her face is not visible - as if the Police did not want people especially friends of Marijoy to see the face of that corpse. WHY? Why did the Police and the Prosecution deliberately not present frontal, close-up photos of the face of that corpse? Which any person with average intelligence would assume must surely have been taken by the police investigators? Why did they decide to not present or in effect suppress such facial photos? Because the pictures would show that the dead woman was not Marijoy?" as spelled out in his Omnibus Order (page 2). 

      Contrary to earlier newspaper reports that "no member of the family came to fetch her" at the Carcar Funeral Homes, this witness testified that a Mr. Chiong, the father of the victim came to Carcar to fetch her.

          By the way, the trial today commence and ended with the usual "tirade" of the Judge and the prosecution lawyers against Atty. Armovit. The Judge commented on an article written earlier in a national paper by Ivan Suansing. Atty. Armovit complained earlier with the Court of Appeals that   the Judge was "actively seeking media exposure". Let us let you decide if this is true during the course of the trials. Was the Judge actively seeking media exposure?

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

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