Transcript of Stenographic Notes
Transcript of Stenographic Notes
July 5, 2012
Court
Clerk of Court
Court
Defense
Court
Court
Defense
Court
Clerk of Court
Court
Accused
Court
Accused
Court
Prosecution &
Defense
Court
:
:
:
:
:
Prosecutor
Court
Prosecutor
Court
Prosecutor
Court
Prosecutor
Court
Prosecutor
Court
Prosecutor
Court
Prosecutor
Court
Defense
Court
Defense
Court
Defense
:
:
Court
Defense
:
:
Court
Defense
:
:
Court
Defense
Court
:
:
Prosecution
Court
Prosecution
:
:
:
Court
Marking of Exhibits
Defense
We pray that the Counter-Affidavit of Norman Torregosa will be mark as
Exhibit 1
Mark it.
We pray that the Certification issued by Julius Ibaoc will be mark as
Exhibit 2
Mark it.
We pray that another Certification issued by Julius Ibaoc will be mark as
Exhibit 3
Mark it.
We pray that the Joint Counter-Affidavit of Christopher Ho and Ronald
Sayon will be mark as Exhibit 4
Mark it.
Is that all?
Yes, your Honor.
Show your documents to the Prosecution
Prosecution, Do you admit the genuiness and due execution of Exhibits 14of the Defense?
We admit the Genuiness and due execution of Exhibits 1-4 of the defense.
Witnesses for the Prosecution.
1. Baldomero R. Monreal, Jr.
Subayon, Bilar, Bohol
2. Jade Salingay
Subayon, Bilar, Bohol
3. Dr. Benito Francisco L. Tubaces V
Municipal Health Officer
4. Dr. Felicisimo T. Maghuyop
Medico-Legal Officer III
Cong. Simeon G. Toribio Memorial Hospital
5. Police Inspector Julius Ibaoc
Chief of Police
Bilar, Bohol
Prosecution has 5 witnesses
Defense
Court
Defense
Court
Defense
Court
:
:
:
:
Defense
Prosecution
Court
:
:
:
Prosecution
Court
:
:
Prosecution
Defense
Court
Defense
Court
Prosecution
Defense
Court
Defense
Defense
Court
Prosecution
Defense
:
:
:
:
:
Court
Prosecution &
Defense
Court
:
:
Prosecution &
Defense
Court
Clerk of Court
Court
Prosecution
:
:
:
:
Defense
Court
Prosecution
:
:
:
Defense
Court
Prosecution
:
:
Defense
Court
Prosecution
:
:
:
Defense
Court
Prosecution
:
:
:
Defense
Court
Prosecution
:
:
Defense
Court
Prosecution
Defense
Court
Prosecution
:
:
:
:
:
:
Defense
Court
Prosecution
:
:
:
Defense
Court
Prosecution
Defense
Court
:
:
:
:
Defense
Prosecution
Court
Defense
Prosecution
Court
Defense
Prosecution
Defense
Prosecution
Court
Defense
:
:
:
:
:
:
:
:
:
:
:
:
Prosecution
Court
Defense
Prosecution
Court
Defense
:
:
:
:
:
:
Prosecution
Court
Defense
:
:
:
Prosecution
Court
Defense
:
:
:
Prosecution
Court
Defense
Prosecution
Court
Defense
:
:
:
:
:
:
Prosecution
Court
Prosecution
:
:
:
Admitted.
Do you admit that Baldomero Monreal sustained a contusion at the back?
No.
Not admitted
Stipulations of Facts from the Defense
Do you admit that the accused is a neighbor of the complainants sister?
Yes. They are living in the same Barangay.
Admitted.
Do you admit there was a drinking session at Jade Salingay?
We do not admit
Not admitted
Do you admit that the Complainant and Jade Salingay had a quarrel
It is in our affidavit.
Do you admit that the complainant was drunk?
We do not admit.
Not admitted.
Do you admit that due to the quarrel, there was a loud noise asking for
help?
We do not admit.
Not admitted.
Do you admit that the accused approached the house of Jade Salingay.
We do not admit because it is a theory that they met at the plaza.
Not admitted.
Do you admit that the complainant saw Torregosa about to approach the
house?
We do not admit.
Not admitted
Do you admit that Torregosa held your complainants clothes to bring him
to the Barangay Outpost?
We do not admit.
Not admitted.
Do you admit that the Complainant had a previous police records regarding
alarm in scandal?
We do not admit
Not admitted
Do you admit that the house of Jade Salingay has a bamboo fence?
We do not admit.
Not admitted.
Do you admit that Ronald Sayon and Christopher Ho were in the house of
Jade Salingay?
We do not admit.
Not admitted.
Thats all your honor.
Court
Clerk of Court
Court
Prosecution
Court
Defense
Prosecution
Court
Prosecution
Court
Prosecution
Court
Prosecution
Court
Interpreter
Monreal
Prosecution
Monreal
Prosecution
Monreal
Prosecution
Monreal
Prosecution
Monreal
Prosecution
Monreal
Prosecution
Monreal
Prosecution
Monreal
Prosecution
:
:
:
:
:
:
:
:
:
:
:
:
:
Mr. Witness, for the record, please state your name, status, job, and
residence.
I am Baldomero Monreal, Jr., 23 years old, jobless and a resident of
Subayon, Bilar, Bohol.
How long have you been staying at Subayon, Bilar
Since birth
How many years?
23 years
Where were you on April 13, 2011?
At Jades house
What were you doing?
Listening music from the FM radio
What is the purpose of going there?
To visit my sister and listen music
Who were there?
Brother,Bonifacio and 2 other friends of my sister
Have you executed an affidavit?
Monreal
Prosecution
Monreal
Prosecution
Monreal
Prosecution
:
:
:
:
:
:
Court
Prosecution
Monreal
Monreal
Prosecution
Monreal
Prosecution
Monreal
:
:
:
:
:
:
:
:
Prosecution
Monreal
Prosecution
Monreal
Prosecution
Monreal
Prosecution
Monreal
Prosecution
Monreal
:
:
:
:
:
:
:
:
Prosecution
Monreal
Prosecution
Defense
Court
Prosecution
Monreal
Prosecution
Monreal
Prosecution
Monreal
:
:
:
:
:
:
:
:
:
:
:
Prosecution
Monreal
Prosecution
Monreal
Prosecution
Monreal
:
:
:
:
:
:
Prosecution
Monreal
Prosecution
Monreal
Prosecution
Monreal
Prosecution
:
:
:
:
:
:
:
Yes.
Showing this affidavit, marked as Exhibit B, Whos signature is this?
Mine.
How is this affidavit related to you?
Same affidavit I made.
We manifest that the witness identified the signature found in the
affidavit. We pray that this signature be mark as Exhibit B-1
Mark it
To whom did you execute this affidavit?
To Atty. Reagan Bolando
Whose signature appearing in the affidavit?
His signature
How did you know that this signature is his?
I was there when he affixed his signature
We pray that the signature appearing above the name ofAtty. Bolando be
mark as Exhibit B-2
In Item No. 2, You have said that you have a verbal tussle with your
sister
When my sister requested me to transfer the frequency of the raido, that
causes our verbal tussle
When your sister got angry, what was your action?
I went out to stop the mode of argument or verbal tussle
Where did you go?
I went to the plaza?
How far is your plaza?
30 meters
When you went out, who did you met?
I was just surprised that Brgy. Captain Torregosa approached me instantly
and without provocation I was attacked.
Torregosa confronted you with a steel pipe?
After kicking my feet he paddled my back with steel pipe/
What was your reaction when he paddled and kicked you?
Objection! The question is misleading.
If it is alleged in the affidavit, the question is not misleading.
What was your reaction when he paddled and kicked you?
I have no time to react, I immediately fell down,
How did you defend?
I was not able to do so because he hit me first. I was injured.
After he kicked you, What else did he do?
He shouted KIHA LANG MO KAY ATUBANGON MO BISAN
ASA!
What did you do with the steel pipe?
As far as I could remember. I fell down and I could mo longer recall
Did he do something else?
No more
After that incident, what happened?
My sister & brother came to rescue and brought me to the municipal
health center
How long did you stay?
For 30 mins.
After 30 mins, where did you go?
My sister and brother brought me to the hospital of Carmen,Bohol
What did the physician say?
The attending Physician, I should be admitted.
For how many days?
Defense
Prosecution
Monreal
Prosecution
Monreal
Prosecution
Monreal
Prosecution
Monreal
Prosecution
Monreal
Court
Prosecution
Monreal
Prosecution
Defense
Court
Prosecution
Prosecution
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
CROSS-EXAMINATION
Court
: Defense, ready for cross?
Defense
: Yes. May I approach the witness?
Court
: Proceed
Defense
: Who were inside the house of Jade?
Monreal
: Bonifacio and 2 other friends
Defense
: Can you name the other 2 friends?
Prosecution
: Objection! It is not stated in the affidavit
Court
: He testified. He may ask the name.
Prosecution
: We withdraw!
Court
: Witness may answer
Monreal
: I do not know their names, maybe my sister does.
Defense
: What were they doing?
Monreal
: When I arrived, they are just talking and I just turned the radio on.
Defense
: You said that there was a verbal tussle with Jade; you added that there
was rising of voices? Do you think that the raising of voices was heard
by your neighbors?
Prosecution
: Objection! It is asking for the opinion
Court
: Sustain!
Prosecution
: Withdraw!
Defense
: How far is your sisters house to Torregosas?
Monreal
: Around 200 meters
Defense
: How far us 200 meter, estimate.
Monreal
: From here to capitol
Defense
: After the verbal tussle, you went to the plaza. What did you do?
Monreal
: I did not do anything. I just left the house to cut off the verbal tussle, to
my surprise Brgy. Captain was there.
Defense
: He was already there?
Monreal
: No. We just encountered at the same way.
Defense
: Is it correct that you saw the Brgy. Captain approaching you?
Monreal
: Ive seen him in surprise. Adversarial approach.
Defense
: You also alleged that he lifted your neck using a steel pipe
Monreal
: Not purely lifted. After kicking my feet struck my back, I fell down.
Defense
Monreal
Defense
Monreal
Defense
:
:
:
:
Monreal
Defense
Monreal
Defense
RECESS
Court
:
:
:
:
:
: The witness is called to the witness stand
: You mentioned in your testimony that there were visitor in the house of
your sister. Whose friends?
: Sisters
: You dont have any idea who are those?
When I went there. They are already there. I dont have any idea.
Court
Clerk of Court
Court
Prosecution
Court
Defense
Court
Prosecution
Court
Prosecution
Court
Prosecution
Court
Prosecution
Court
Interpreter
Witness
Prosecution
Court
Prosecution
Court
Prosecution
Witness
Prosecution
Witness
Prosecution
Witness
Prosecution
Witness
Prosecution
Court
Prosecution
Witness
Prosecution
Witness
Prosecution
Court
Prosecution
Witness
Prosecution
Witness
Prosecution
Witness
Prosecution
Witness
Defense
Court
Prosecution
Witness
Prosecution
Witness
Prosecution
Witness
Prosecution
Witness
Prosecution
Witness
Prosecution
Witness
Prosecution
Witness
Prosecution
Witness
Prosecution
Witness
Prosecution
Witness
Prosecution
Witness
Prosecution
Witness
Prosecution
Witness
Prosecution
Witness
Prosecution
Witness
Prosecution
Witness
Prosecution
Witness
Prosecution
Defense
Court
Prosecution
Witness
Prosecution
Witness
Prosecution
Court
Defense
Court
Court
Interpreter
Court
Defense
Court
Defense
Witness
Defense
Witness
Defense
Witness
Defense
Witness
Defense
Prosecution
Court
Defense
Witness
Defense
Witness
Defense
Witness
Defense
Witness
Defense
Witness
Defense
Witness
Defense
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
Witness
Defense
Witness
Defense
Witness
Defense
Court
Prosecution
Witness
Prosecution
Witness
:
:
:
:
:
:
:
:
:
:
:
Prosecution
Court
Defense
Witness
Defense
Witness
Defense
Witness
Defense
:
:
:
:
:
:
Thats all.
Re-Cross
Madam witnesss, You suddenly got up and call your brother?
No. I called my brother to come back and I saw Brgy. Captain Torregosa
What else did you saw?
I saw Brgy. Capt. Toregosa murmuring at the plaza and saw that he was
attacking my brother
: When you saw the incident, was Brgy. Captain was already there?
: Yes.
: No further questions, Your Honor
Court
Clerk of Court
Court
Prosecution
Court
Defense
Court
Prosecution
Court
Prosecution
Court
Interpreter
Witness
Court
Prosecution
Court
Prosecution
Court
Clerk of Court
Court
Prosecution
Court
Defense
Court
Prosecution
Court
Prosecution
Court
Prosecution
Court
Interpreter
Witness
Prosecution
Court
Prosecution
Witness
Prosecution
Witness
Prosecution
Witness
Prosecution
Witness
Prosecution
Witness
Prosecution
Witness
Prosecution
Witness
Prosecution
Witness
:
:
:
:
As what?
Resident Physician
What do you do as a Resident Physician?
I make Medico Legal
Prosecution
Witness
Prosecution
Witness
Prosecution
Witness
Prosecution
Witness
Prosecution
Witness
Prosecution
Court
Prosecution
Witness
Prosecution
Prosecution
Witness
Prosecution
Witness
Prosecution
Witness
Prosecution
Witness
Prosecution
Court
Defense
Witness
Defense
Witness
Defense
Witness
Defense
Witness
Defense
Court
Prosecution
Court
Prosecution
Court
Court
Interpreter
Witness
Prosecution
Court
Prosecution
Witness
Prosecution
Witness
Prosecution
Witness
Prosecution
Witness
Prosecution
Witness
Prosecution
Witness
:
:
:
:
:
:
:
:
:
:
Prosecution
Witness
Prosecution
Witness
Prosecution
Witness
Prosecution
:
:
:
:
:
:
Court
Prosecution
Witness
Prosecution
Court
Defense
:
:
:
:
:
:
Court
Clerk of Court
Court
Prosecution
Court
Defense
Court
Prosecution
Court
Prosecution
Court
Court
Interpreter
Witness
Prosecution
Witness
Prosecution
Witness
Prosecution
Witness
Prosecution
Witness
Prosecution
Witness
Prosecution
Witness
Prosecution
Witness
Prosecution
Witness
Prosecution
Witness
Prosecution
Witness
Prosecution
Witness
Prosecution
Witness
Prosecution
Witness
Prosecution
:
:
:
:
:
:
:
:
:
Witness
Prosecution
:
:
Witness
Prosecution
Court
Prosecution
:
:
:
:
Witness
Prosecution
Witness
Prosecution
:
:
:
:
Court
Prosecution
Defense
Court
Court
Interpreter
Court
Defense
:
:
:
:
:
Court:
Defense
Witness
Defense
Witness
Defense
Witness
Defense
Witness
Defense
Witness
Defense
Witness
Defense
Witness
Defense
Witness
Defense
Prosecution
Court
Witness
Defense
Witness
Defense
Witness
Defense
Witness
Defense
Witness
Prosecution
Court
Prosecution
: Mrs. Robles, you said that you did not see Norman Torregosa on April
13, 2011.
: Yes
: Did you see him hurting your son?
: No
: So, all you said is based on what youve heard?
: Yes.
: No more questions, your Honor.
:
: Thats our last witness. Before we rest our case, we formally offer our
exhibits.
1. Complaint- for the purpose that there is a case filed.
2. Affidavit of Monreal, Exhibit B and all its sub-markings- To
prove that that the accused inflicted injuries upon the
complainant.
3. Affidavit of Jade Salingay- to prove that the incident happened in
the plaza
4. Medico-legal of Benito Francisco Tubaces, Exhibit D- to prove
that the accused sustained physical injuries.
5. Exhibit E and all its sib-markings- Corroborative evidence.
6. Exhibit F and all its sub-markings-certification issued by Julius
Ibaoc that there was an incident transpired.
7. Exhibit G and all its sub-markings-corroborative evidence
: The court admits Exhibits A-G to form part of the evidence of the
prosecution
: With that your Honor, we rest our case.
7
Court
Clerk of Court
Court
Defense
Court
Court
Defense
Court
Defense
Court
Defense
Court
Defense
Court
Court
Interpreter
Witness
Court
Interpreter
Court
Defense
Defense
Witness
Defense
Witness
Defense
Witness
Defense
Witness
Defense
Witness
Defense
Witness
Defense
Witness
Defense
Witness
Defense
Prosecution
Court
Defense
Witness
Defense
Witness
Defense
Witness
Defense
Witness
Defense
Witness
Defense
Witness
Defense
Witness
Defense
Witness
Defense
Witness
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
Defense
Witness
Defense
Witness
Defense
Witness
:
:
:
:
:
:
Defense
Witness
Defense
Prosecution
Court
Defense
Witness
Defense
Witness
Defense
Witness
:
:
:
:
:
:
:
:
:
:
:
Defense
Witness
Defense
Witness
Defense
Witness
:
:
:
:
:
:
Defense
Witness
:
:
Defense
Witness
:
:
Defense
Witness
:
:
Defense
Witness
Defense
Witness
Defense
Witness
Defense
Witness
Defense
Prosecution
Court
Defense
Witness
:
:
:
:
:
:
:
:
:
:
:
:
:
Defense
Prosecution
Court
Defense
Witness
Defense
Witness
:
:
:
:
:
:
:
Defense
Witness
Defense
Witness
Defense
Court
Defense
Witness
Defense
Witness
Defense
Witness
Defense
Witness
Defense
Witness
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
Defense
our function.
What are your other functions?
In the Local Government code, a Barangay Captain can arrest in pursuance
in the peace and order, protection of life and property of our citizen.
What did you do when you see Baldomero Monreal at that time?
When I was about ot enter the premise of Jade. Baldomero was about to go
out. He was in a hurry in going out. There was no conversation between us.
He stumbled at the bamboo fence of Jade,
What happened next?
I was trying to help him get up, no intention to arrest him because my
information was not complete to arrest him. When I was about to help him,
he threw punches at me.
How did you know that he was drunk?
His behavior and I have knowledge that he had a drinking session.
How did you know that he had a drinking session?
I knew it early in the morning.
What did you do next?
I arrest him and bring him to tanod outpost.
Why will you bring him to tanod outpost?
I was sure that he committed an offense.
While you were holding Baldomero, did you kick him?
Leading!
Leading.
What happened next?
It was a simple way of arresting him. His sister approach me and asked me
not to arrest his brother because she does not want that his brother will be
imprison again and she said to consider the behavior of Baldomero that he
is a trouble maker when hes drunk.
When you heard Jade asking you not to arrest Baldomero.
Leading!
Leading.
Were you the Barangay Capatain at that time?
Yes.
Did you succeed in arresting Baldomero?
No, I took pity in Jade. I released Baldomero with an assurance that he will
not hurt anyone.
Out of Pity?
Yes.
What happened next?
After I released him, I went home and had lunch with my family.
Did you execute this affidavit?
Lay the basis.
Have you executed an affidavit?
Yes.
Is this the affidavit you executed?
Yes, Exactly the same.
Is this your signature?
Yes.
When you executed this affidavit, does anyone help you?
With the presence of my counsel, Atty. Maria Theresa Lim.
After the incident, how did you know that there is a case filed against you?
I was surprised, considering that I was performing my function as a
Barangay Captain. I could not remember any reason that he will file such
case because Baldomero and I are good neighbors.
I pray that the signature of Norman Torregosa will be mark as Exhibit 1-A
Court
Defense
Court
Prosecution
Court
Prosecution
Witness
Prosecution
:
:
:
:
:
:
:
:
Witness
Prosecution
Witness
:
:
:
Prosecution
Witness
Prosecution
Witness
:
:
:
:
Prosecution
Witness
:
:
Prosecution
Witness
:
:
Prosecution
Witness
Prosecution
Witness
:
:
:
Prosecution
Witness
Prosecution
Witness
Prosecution
Witness
:
:
:
:
:
:
Prosecution
Witness
Prosecution
Defense
Prosecution
Witness
Prosecution
Witness
Prosecution
Defense
Court
Witness
Prosecution
Witness
Prosecution
Witness
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
Mark it!
No further questions.
Is the Prosecution ready to cross?
Yes. May I approach the witness?
Yes.
Good evening, Mr. Witness
Good evening.
You mentioned earlier that you heard Baldomero challenging everyone.
How did you know that Baldomero was challenging everyone?
Basically, I heard the vernacular language at that time.
When you said challenging, who are you referring?
There were noise, I presumed there are also other people inside. I heard
Jade crying asking for help so with her children.
So, it was all a presumption?
No, I personally heard other people inside the house of Jade.
The only person is Jade?
Jade and her children, there were friends of Jade in the premises, Ho and
Sayon.
How did you know that they are the friends of Jade?
They are all residing at Subayon, Bilar and ther are voters of Subayon,
Bilar.
You mentioned that he was intoxicated, how did you know?
Aside from the fact that he had a drinking spree, I could also tell by hearing
the voice of someone who is not normal.
So, you are all basing it by your conclusion because you have just heard his
voice?
Yes.
How did you know that there was a drinking spree?
As early in the morning. I saw Ho and Sayon bought a wine; there was a
store near our house. Baldomero is a habitual drinker of that wine, a
presumption that there was a drinking session.
Only a presumption?
Yes.
Could you remember what kind of wine?
Green pericofavorite drink of Baldomero.
You said that it was a presumption that ho & Sayon had a drinking session.
No, because they went immediately to the house of Jade. There is no more
imagination that they were in a drinking spree. Ho & Sayon are also our
witness, you can ask them.
Did you see Baldomero having a drinking spree of the said wine?
No.
No drinking spree transpired?
Objection! Trying to confuse the client.
You said that you heard that theres an asking of help?
I heard it when I put my child to sleep.
How certain are you that the voices you heard are the children of Jade?
No other children within our premises or neighborhood other than Jades.
Are the children of school age?
Objection! Irrelevant.
The court may allow the witness to answer.
Yes, 5 to 6 years old.
How did you know Baldomero is trying to escape?
I was about to enter at the backyard, I noticed Baldomero trying to escape.
How far are you from Baldomero when you notice him?
10-15 meters away.
Prosecution
Witness
Prosecution
Witness
Prosecution
Witness
:
:
:
:
:
:
Prosecution
Witness
Prosecution
Defense
Court
Prosecution
:
:
:
:
:
:
Defense
Court
:
:
Witness
Court
Witness
Court
Witness
Prosecution
:
:
:
:
:
Defense
Court
:
:
Witness
Court
Witness
Prosecution
Witness
:
:
:
:
:
Prosecution
Witness
Prosecution
:
:
:
Witness
Prosecution
Witness
Prosecution
:
:
:
:
Witness
Prosecution
Witness
Prosecution
Witness
Prosecution
:
:
:
:
:
Witness
Prosecution
Witness
Prosecution
Witness
Prosecution
Witness
Prosecution
Defense
Court
Witness
Court
Witness
Prosecution
Court
Defense
Witness
Defense
Witness
Defense
Witness
Defense
Court
Prosecution
Court
: When you arrived at the house of Jade, were there other people around
aside from Ho and Sayon?
: No.
: What did Sayon and Ho do when the saw you? They did not help?
: They trusted me as a Barangay captain, I believe that the believe that I can
handle the situation.
: They did not bother to help?
: No.
: Where did they stay?
: Objection!
: The witness may answer if he saw them. Did you see them?
: Yes.
: Where did they stay?
: Inside the premise of Jade.
: Thats all,
: Any re-direct?
: During the time when Baldomero fell, did you approach him?
: Yes.
: What can you observe when you were near him aside from being drunk?
: He was so wild, he was not in his sanity.
: Aside from his behavior, you think that he was drunk?
: I held his collar, I could smell his breath and he was positive of alcohol.
: That would be all.
: Any re-cross?
: None.
: The witness is excused.
8
Court
Clerk of Court
Court
Defense
Court