116908447 Transcript of Stenographic Notes

8/20/2019 116908447 Transcript of Stenographic Notes

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July 5, 2012

Court : Call the case

Clerk of Court : People of the Philippines Vs. Norman Torregosa

Criminal Case No. 2344 for: Less Serious Physical Injuries and Abuse ofAuthority.

This is for arraignment

Court : Appearances for Prosecution

Defense : • Atty. Reagan BolandoAssistant Prosecutor

• Atty. Jesrel Bolanio

2nd Assistant Prosecutor• Atty. Basilito Robles

Private Prosecutor

Court : Appearance for Defense

: • Atty. Harold Bayracal

• Atty. Maria Theresa Lim

• Atty. Michael Ligalig

Court : Is the accused around?

Defense : The accused is around

Court : Arraign the accused.

Clerk of Court : People of the Philippines Vs. Norman TorregosaCriminal Case No. 2344

Accused NORMAN TORREGOSA commits a crime of less seriousphysical injuries, Art. 265, committed as follows:

That on or about 11:00 o’clock in the morning on April 13, 2011 in the

municipality of Bilar, Province of Bohol, Philippines, within the jurisdiction of this court, the said accused, did then and there willfully,

unlawfully, and feloniously attack, assault, and wounded one,

BALDOMERO MONREAL, JR. by then and there paddling his back witha steel pipe, thereby inflicting the latter closed wound on his upper back,

which injuries have require medical attendance for a period of ten to thirtydays, and will incapacitate him from performing his customary labor forthe same period of time.

That the accused is a person in authority or a public officer being aBarangay Captain.

Contrary to law.

Court : Do you understand the allegations of the facts?

Accused : Yes, your Honor.

Court : What is your plea?Accused : Not guilty, your Honor.

Court : The accused pleaded not guilty.

Was there a proposal for amicable settlement?

Prosecution &

Defense

: None, your Honor.

Court : Marking of Exhibits


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Prosecution

Prosecutor : We pray that the Information will be mark as “Exhibit A”

Court : Mark it.

Prosecutor : We pray that the Affidavit of Baldomero Monreal, Jr. will be mark as

“Exhibit B”

Court : Mark it.Prosecutor : We pray that the Affidavit of Jade Salingay will be mark as “Exhibit C”

Court : Mark it.

Prosecutor : We pray that the Medico Legal issued by Benito Francisco Tubaces will bemark as “Exhibit D”

Court : Mark it.

Prosecutor : We pray that the Medico Legal issued by Felicisimo Maghuyop will bemark as “Exhibit E”

Court : Mark it.

Prosecutor : We pray that the Certification issued by Julius Ibaoc will be mark as

“Exhibit F”

Court : Mark it.Prosecutor : That’s all, your Honor.

Court : Show your documents to the Defense.Does the Defense admit the genuiness and due execution of the

documents?

Defense : Yes, your Honor.

Court : The Defense admits the genuiness and due execution of Exhibit A-F

Marking of Exhibits

Defense

Defense : We pray that the Counter-Affidavit of Norman Torregosa will be mark as

“Exhibit 1”

Court : Mark it.

Defense : We pray that the Certification issued by Julius Ibaoc will be mark as

“Exhibit 2”

Court : Mark it.

Defense : We pray that another Certification issued by Julius Ibaoc will be mark as

“Exhibit 3”

Court : Mark it.

Defense : We pray that the Joint Counter-Affidavit of Christopher Ho and Ronald

Sayon will be mark as “Exhibit 4”

Court : Mark it.

Is that all?


Court : Show your documents to the Prosecution

Prosecution, Do you admit the genuiness and due execution of Exhibits 1-4of the Defense?

Prosecution : We admit the Genuiness and due execution of Exhibits 1-4 of the defense.

Court : Witnesses for the Prosecution.

Prosecution : 1. Baldomero R. Monreal, Jr.

Subayon, Bilar, Bohol

2. Jade Salingay

Subayon, Bilar, Bohol3. Dr. Benito Francisco L. Tubaces V

Municipal Health Officer

4. Dr. Felicisimo T. MaghuyopMedico-Legal Officer III

Cong. Simeon G. Toribio Memorial Hospital

5. Police Inspector Julius Ibaoc

Chief of PoliceBilar, Bohol


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Court : Prosecution has 5 witnesses

Witnesses for the Defense

Defense : 1. Accused Norman TorregosaSubayon, Bilar, Bohol

2. Christopher Ho

Subayon, Bilar, Bohol3. Ronald Sayon

Subayon, Bilar, Bohol

Court : Only 3 witnesses?The court takes note of your Exhibits 2 and 3. Who is going to testify on

these documents?

Defense : Police Inspector Julius Ibaoc, as one of our witnesses

Court : He will be a common witness?


Court : Police Inspector Julius Ibaoc will be a common witness but he will testify

on different account.

Defense : Yes, your Honor.Prosecution : We pray for an additional Affidavit of Artemia Robles

Court : 3 days from today, you have to submit the additional affidavit of ArtemiaRobles and pre-mark as “Exhibit G”

Prosecution : We pray that Artemia Robles will be one of our witnesses.

Court : Artemia Robles is listed as 6th

witness of the prosecution.

Theory of the Prosecution

Prosecution : Accused NORMAN TORREGOSA commits a crime of less serious

physical injuries,Art. 265, committed as follows:

That on or about 11:00 o’clock in the morning on April 13, 2011 in the

municipality of Bilar, Province of Bohol, Philippines, within the jurisdiction of this court, the said accused, did then and there willfully,

unlawfully, and feloniously attack, assault, and wounded one,

BALDOMERO MONREAL, JR. by then and there paddling his back witha steel pipe, thereby inflicting the latter closed wound on his upper back,

which injuries have require medical attendance for a period of ten to thirty

days, and will incapacitate him from performing his customary labor forthe same period of time.

That the accused is a person in authority or a public officer being a

Barangay Captain.

Contrary to law.

Defense : Norman Torregosa is innocent of the crime for it was not inflicted by

Norman Torregosa and it was self-inflicted.

Court : How was self-infliction happened?

Defense : The accused held his collar on his shirt to restrain his movement because

the accused want him to bring him to the tanod outpost but he struggled so

much that the accused constrained tightly gripped his shirt and regarding

his injuries at the back, it was caused by his drunkenness because it mighthave caused by the bamboo fence when he fell down.

Court : The issue in this case is Whether or not the accused was lifted his neck

using a steel pipe and then kicked his feet and paddled his back using asteel pipe or self-inflicted injury.

Prosecution : The accused is a Barangay Captain of Subayon, Bilar, Bohol and this

serves as an aggravating circumstance.

Defense : Objection! It is not alleged in the affidavit that the accused is a BarangayCaptain.


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Court : It is alleged in the information, last paragraph.

Do you withdraw your objection?

Defense : I withdraw!

Defense : Your affidavits did not state about aggravating circumstance

Court : Any Arguments along this line?

Prosecution : We will stick to our position, the accused is a public officerDefense : The aggravating circumstance should be included in you affidavits/

information.

Court : Is there a further argument?

Prosecution &

Defense

: None, your Honor.

Court : The argument of the defense is sustainedNo plea bargaining and amicable settlement?

Prosecution &

Defense

None, your Honor.

Court Stipulations of Facts from the Prosecution

: Recess for 5 minutesClerk of Court : Session is resume, silence is enjoined.

Court : Prosecution’s proposal.

Prosecution : Do you admit the personal circumstances of the complainant? That he is a

resident of Subayon, Bilar, Bohol

Defense : We do not admit because there is no cedula attached to support such.

Court : Defense does not admit.

Prosecution : Do you admit that during April 13, 2012, 11:00AM, Captain Toreggosa

And Baldomero Monreal met at the plaza of Subayon, Bilar, Bohol or they

were in the same place?

Defense : We do not admit that proposition of the prosecutor that they met at the

plaza.

Court : Not admitted.

Prosecution : Do you admit that Brgy. Captain Torregosa passed by and approached

Baldomero Monreal?

Defense : Yes, We admit.

Court : Admitted

Prosecution : Do you admit that during the approach there was no provocation happened

on the part of Baldomero Monreal?

Defense : We do not admit.


Prosecution : Do you admit that Brgy. Captain Torregosa lifted the neck of Baldomero

Monreal?

Defense : No, how was the lifting happened? Still bothered in the lifting of the neck.

Was it hand held?

Court : Reform your proposal.

Prosecution : Do you admit that Brgy. Captain Torregosa lifted the neck of Monreal

using the steel pipe?



Prosecution : Do you admit that the accused kicked the feet of Baldomero Monreal?



Prosecution : Do you admit that the accused Paddled the back of Baldomero Monreal

using the same steel pipe?



Prosecution : We withdraw the proposal. (Do you admit that the accused Paddled the

back of Baldomero Monreal using the same steel pipe?)

Do you admit that the accused, Norman Torregosa, is a Barangay Captain?


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Defense : Yes.

Court : Admitted.

Prosecution : Do you admit that Baldomero Monreal sustained a contusion at the back?

Defense : No.

Court : Not admitted

Stipulations of Facts from the Defense

Defense : Do you admit that the accused is a neighbor of the complainant’s sister?

Prosecution : Yes. They are living in the same Barangay.

Court : Admitted.

Defense : Do you admit there was a drinking session at Jade Salingay?

Prosecution : We do not admit


Defense : Do you admit that the Complainant and Jade Salingay had a quarrel

Prosecution : It is in our affidavit.

Defense : Do you admit that the complainant was drunk?

Prosecution : We do not admit.Court : Not admitted.

Defense : Do you admit that due to the quarrel, there was a loud noise asking forhelp?

Prosecution : We do not admit.


Defense : Do you admit that the accused approached the house of Jade Salingay.

Prosecution : We do not admit because it is a theory that they met at the plaza.


Defense : Do you admit that the complainant saw Torregosa about to approach thehouse?



Defense : Do you admit that Torregosa held your complainant’s clothes to bring him

to the Barangay Outpost?



Defense : Do you admit that the Complainant had a previous police records regarding

alarm in scandal?

Prosecution : We do not admit


Defense : Do you admit that the house of Jade Salingay has a bamboo fence?



Defense : Do you admit that Ronald Sayon and Christopher Ho were in the house of

Jade Salingay?



Prosecution : That’s all your honor.


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Court : Appearances of the Prosecution

Prosecution : Same Appearance

• Atty. Reagan BolandoAssistant Prosecutor

• Atty. Jesrel Bolanio2

nd Assistant Prosecutor

•

Atty. Basilito RoblesPrivate Prosecutor

Court : Appearance of the Defense

Defense : Same Appearances

• Atty. Harold Bayracal



Prosecution : Submitted to the honorable court the additional affidavit of ArtemiaRobles

Court : Who is your 1st witness?

Prosecution : Baldomero Monreal, Jr.

Court : Are you ready?Prosecution : Yes

Court : Call your witness

Prosecution : May we call Baldomero Monreal, Jr. to stand in the witness stand

Court

Interpreter

: Raise your right hand. Do you swear or affirm to tell the truth, the whole

truth, and nothing but the truth?State your personal circumstances.

Monreal : I do. I am Baldomero Monreal, Jr. Single, Jobless

Prosecution : We offer the testimony of the witness-complainant to prove that the

accused committed the crime upon this person.

Mr. Witness, for the record, please state your name, status, job, andresidence.

Monreal : I am Baldomero Monreal, Jr., 23 years old, jobless and a resident of

Subayon, Bilar, Bohol.

Prosecution : How long have you been staying at Subayon, Bilar

Monreal : Since birth

Prosecution : How many years?

Monreal : 23 years

Prosecution : Where were you on April 13, 2011?

Monreal : At Jade’s house

Prosecution : What were you doing?

Monreal : Listening music from the FM radio

Prosecution : What is the purpose of going there?

Monreal : To visit my sister and listen music

Prosecution : Who were there?

Monreal : Brother,Bonifacio and 2 other friends of my sister

Prosecution : Have you executed an affidavit?

Monreal : Yes.


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Prosecution : Showing this affidavit, marked as Exhibit B, Who’s signature is this?

Monreal : Mine.

Prosecution : How is this affidavit related to you?

Monreal : Same affidavit I made.

Prosecution : We manifest that the witness identified the signature found in the

affidavit. We pray that this signature be mark as Exhibit B-1Court : Mark it

Prosecution : To whom did you execute this affidavit?

Monreal : To Atty. Reagan Bolando

Monreal : Whose signature appearing in the affidavit?

Prosecution : His signature

Monreal : How did you know that this signature is his?

Prosecution : I was there when he affixed his signature

Monreal : We pray that the signature appearing above the name ofAtty. Bolando be

mark as Exhibit B-2

Prosecution : In Item No. 2, You have said that you have a verbal tussle with your

sisterMonreal : When my sister requested me to transfer the frequency of the raido, that

causes our verbal tussle

Prosecution : When your sister got angry, what was your action?

Monreal : I went out to stop the mode of argument or verbal tussle

Prosecution : Where did you go?

Monreal : I went to the plaza?

Prosecution : How far is your plaza?

Monreal : 30 meters

Prosecution : When you went out, who did you met?

Monreal : I was just surprised that Brgy. Captain Torregosa approached me

instantly and without provocation I was attacked.

Prosecution : Torregosa confronted you with a steel pipe?

Monreal : After kicking my feet he paddled my back with steel pipe/

Prosecution : What was your reaction when he paddled and kicked you?

Defense : Objection! The question is misleading.

Court : If it is alleged in the affidavit, the question is not misleading.

Prosecution : What was your reaction when he paddled and kicked you?

Monreal : I have no time to react, I immediately fell down,

Prosecution : How did you defend?

Monreal : I was not able to do so because he hit me first. I was injured.

Prosecution : After he kicked you, What else did he do?Monreal : He shouted “KIHA LANG MO KAY ATUBANGON MO BISAN

ASA!”

Prosecution : What did you do with the steel pipe?

Monreal : As far as I could remember. I fell down and I could mo longer recall

Prosecution : Did he do something else?

Monreal : No more

Prosecution : After that incident, what happened?

Monreal : My sister & brother came to rescue and brought me to the municipal

health center

Prosecution : How long did you stay?

Monreal : For 30 mins.Prosecution : After 30 mins, where did you go?

Monreal : My sister and brother brought me to the hospital of Carmen,Bohol

Prosecution : What did the physician say?

Monreal : The attending Physician, I should be admitted.

Prosecution : For how many days?

Defense : Objection! It was not alleged in the affidavit.


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:

Prosecution : How many days?

Monreal : 7 days

Prosecution : After your confinement, what did the doctor advised you?

Monreal : To gain full recovery, I should take time to rest for 15-30 days.

Prosecution : How long?Monreal : 15-30 days

Prosecution : How did you know the accused?

Monreal : I know him because he is our Brgy. Captain

Prosecution : If the accused is in the court, can you point him?

Monreal : That one!

Court : The Witness is pointing Norman Torregosa

Prosecution : How long is he a Brgy. Captain?

Monreal : For two terms

Prosecution : How are you related with the accused?

Defense : Objection! The Question is irrelevant

Court : Sustained!Prosecution : We would like to ask how are they related to know if there is a conflict

between them/

Prosecution : That’s all for the Witness

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 therewas 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 sister’s house to Torregosa’s?

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 : I’ve 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.

That’s all as far as I can recall


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Defense : You said in you affidavit that without any provocation lifted my neckusing a steel pipe and then kicked my feet and paddled my back using the

same object. Are you saying that this is not correct?

Monreal : It is correct.

Defense : You said a while ago that not lifted with a steel pipe

Monreal : Term may be confusing. I was injured because of the steel pipeDefense : Just to put in the record, you were saying that not lifted your beck using a

steel pipe?

Monreal : I cannot exactly recall.

Defense : Said a while ago, during the time of the attack, you were unemployed?

Monreal : Yes!

Defense : That’s all

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?

: Sister’s: You don’t have any idea who are those?

When I went there. They are already there. I don’t have any idea.


10/27

Court : Call the caseClerk of Court : People of the Philippines Vs. Norman Torregosa

Criminal Case No. 2344 for: Less Serious Physical Injuries and Abuse of

Authority.



• Atty. Reagan Bolando

Assistant Prosecutor

• Atty. Jesrel Bolanio2nd Assistant Prosecutor

• Atty. Basilito RoblesPrivate Prosecutor

Court : Appearances of the Defense





Court : Is the accused present?

Prosecution : The accused is present

Court : Presentation for the 2nd

witness

Prosecution : Jade Salingay

Court : Are you ready?Prosecution : Yes.

Court : Call the witness

Prosecution : May we call Jade Salingay to stand in the witness stand

Court

Interpreter


truth, and nothing but the truth?State your personal circumstances.

Witness : I do. I am Jade Salingay, 33 years old, Married and resident of Barangay

Subayon, Bilar Bohol.

Prosecution : We offer the testimony of Jade Salingay to prove that the accused

inflicted the injury of the victim.

Court : ProceedProsecution : May I approach the witness?

Court : You may.

Prosecution : With regard with the Criminal Case No. 2344, Did you execute an

affidavit?

Witness : Yes

Prosecution : Showing to you an affidavit, what is the relation of this affidavit to you?

Witness : My affidavit

Prosecution : Above the name affiant, Jade Salingay, Whose name is this?

Witness : My name

Prosecution : Above the name Jade Salingay, whose signature is this?

Witness : My signature

Prosecution : We pray that the signature of Jade Salingay will be mark as “Exhibit C-

1”

Court : Mark it.

Prosecution : Before where did you execute this affidavit?

Witness : Atty. Reagan Bolando

Prosecution : Above the name of Atty. Reagan Bolando, There appears a signature.


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Whose signature is this?

Witness : Signature of Atty. Reagan Bolando

Prosecution : We pray that the signature of Atty. Reagan Bolando will be mark as

“Exhibit C-2”

Court : Mark it.

Prosecution : Do you affirm and confirm the authenticity of this affidavit?Witness : Yes

Prosecution : Where were you on April 13, 2011?

Witness : I was in my house.

Prosecution : What’s the address of your house?

Witness : Located at Barangay Subayon, Bilar, Bohol.

Prosecution : On the date mentioned, whi was with you?

Witness : My brother.

Defense : Objection! The Counsel is coaching

Court : Do not coach, Counsel

Prosecution : Tell us more about the verbal tussle that happened on April 13, 2011

Witness : That day we had a verbal tussle with my brother, Baldomero because hedid not grant my request to dial another station. The station that

announces the lotto result

Prosecution : Where did you brother go after the verbal tussle?

Witness : Went outside the house.

Prosecution : Where did he go?

Witness : Plaza

Prosecution : How far is the plaza from your house?

Witness : 30 meters.

Prosecution : Where were you when Baldomero went out?

Witness : Inside the house.

Prosecution : Where particularly?

Witness : Beside the window.

Prosecution : Why were you standing beside the window?

Witness : I’m shouting at my brother to come back to the house.

Prosecution : While your brother is in the plaza, what did you saw?

Witness : I saw our Barangay Captain murmuring in the plaza and he attacked my

brother without any provocation.

Prosecution : Who is that Barangay Capatain?

Witness : Brgy. Capt. Norman Torregosa

Prosecution : How did you know that He was Brgy. Capt. Torregosa?

Witness : I saw him personally.Prosecution : What else transpired on that incident?

Witness : I saw Brgy. Capt. Torregosa kicked the foot, paddled the back with a

steel pipe and lifted the neck of my brother.

Prosecution : What did your brother do?

Witness : My brother did not fight back.

Prosecution : What else happened?

Witness : I saw my brother bleeding.

Prosecution : Aside from the lifting, kicking, paddling, what else did you witnessed?

Witness : I heard Brgy. Capt. Torregosa saying “KIHA LANG MO KAY

ATUBANGON MO BISAN ASA!”

Prosecution : How did you able to hear those words?Witness : Because Brgy. Capt. Torregosa was shouting or said it on a loud voice.

Prosecution : After your brother was kicked, paddled and lifted, where did Brgy. Capt.

Torregosa go?

Witness : Went to his way home.

Prosecution : During the incident, what did you do?

Witness : Nothing because I was shocked.


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Prosecution : After the incident, what did you do?

Defense : Objection! The question was asked twice

Court : The first question was during and the second question was after.

Prosecution : After the incident, what did you do?

Witness : I called my brother to get inside my house

Prosecution : When you called your brother, where was Torregosa at that time?Witness : I never seen him

Prosecution : That’s all

Court : Cross

Defense : We would like to have a recess.

Court : A minute/two.

Court

Interpreter

: The court is in session. Silence is enjoined.

Court : Is the Defense ready?

Defense : Yes, May I approach the witness?

Court : Proceed

Defense : Good evening.Witness : Good evening

Defense : Were there other people during the incident?

Witness : Yes

Defense : Before the verbal tussle, what were you doing?

Witness : Watching TV

Defense : Where is your TV located?

Witness : Sala.

Defense : Can you please narrate…

Prosecution : Objection!

Court : Do not let the witness narrate.

Defense : What causes the verbal tussle?

Witness : I asked my brother to dial the radio to another station.

Defense : And your brother did not obey?

Witness : Yes.

Defense : How long was the verbal tussle?

Witness : Only a few minutes because my brother went out immediately.

Defense : What did you do immediately after the verbal tussle?

Witness : I was still in the sala.

Defense : What did you do?

Witness : Watching tv.

Defense : What was the TV show at that time?Witness : I can’t remember.

Defense : In your testimony, you said that your house is 30 meters away from theplaza.

Witness : Yes.

Defense : Can you show the estimate of 30 meters?

Witness : Here to Bojol’s

Defense : You were saying that after the Verbal tussle, you were watching tv.

Witness : Yes.

Defense : That’s all.

Court : Re-direct

Prosecution : After the verbal tussle, what did you do?Witness : Watching tv near the window

Prosecution : Can you illustrate the incident?

Witness : I was watching tv at that time when Baldomero went out the house. Istood up and call my brother to get inside the house and I saw Brgy.

Capt. Torregosa

Prosecution : That’s all.


13/27

Court : Re-Cross

Defense : Madam witnesss, You suddenly got up and call your brother?

Witness : No. I called my brother to come back and I saw Brgy. Captain Torregosa

Defense : What else did you saw?

Witness : I saw Brgy. Capt. Toregosa murmuring at the plaza and saw that he was

attacking my brotherDefense : When you saw the incident, was Brgy. Captain was already there?

Witness : Yes.

Defense : No further questions, Your Honor


14/27



Authority.












Court : Who is your 3rd

witness?

Prosecution : Our witness is Dr. Benito Francisco L. Tubaces V

Court : Call him to the witness stand

Prosecution : May we call Dr. Benito Francisco L. Tubaces V to stand in the witness

standCourt

Interpreter

: Raise your right hand. Do you swear or affirm to tell the truth, the wholetruth, and nothing but the truth?

State your personal circumstances.

Witness : I am Dr. Benito Francisco L. Tubaces V, Single.

Court : Your witness is a doctor?

Prosecution : Yes

Court : State the purpose of presenting your witness

Prosecution : His testimony will affirm that the accused willfully, feloniously assult

Baldomero


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Authority.











Court : Presentation for the 4th and 5th witnesses?

Prosecution : Yes.

Court : Are you ready?

Prosecution : Yes.


Prosecution : May we call Dr. Felicisimo Maghuyop to stand in the witness standCourt

Interpreter


truth, and nothing but the truth?


Witness : I do. I am Felicisimo Maghuyop, Medico-Legal Officer of Cong. SimeonG. Toribio Memorial Hospital, Carmen Bohol.

Prosecution : We offer the testimony of Dr. Maghuyop as corroborative evidence to

formally testify the content of the medico-legal.

May I approach the witness?

Court : Proceed.

Prosecution : Dr. Maghuyop, what is your highest educational attainment?

Witness : I finished medicine.Prosecution : In what school?

Witness : University of the East

Prosecution : What licensure did you take?

Witness : Licensure for the physician.

Prosecution : When did you took it?

Witness : 1988

Prosecution : After that. Did you have a formal training?

Witness : Resident Doctor at Gov. Celestino Gallares Memorial Hospital for 5

years

Prosecution : After that?

Witness : I was hired as a resident physician at Gov. Celestino Gallares MemorialHospital and transferred to Cong. Simeon G. Toribio Memorial Hospital,Carmen Bohol.

Prosecution : As what?

Witness : Resident Physician

Prosecution : What do you do as a Resident Physician?

Witness : I make Medico Legal


16/27

Prosecution : What are your functions?

Witness : I conduct examinations for physical injuries. Attend court hearing for the

opinion in my medico legal.

Prosecution : How many years?

Witness : 14 years.

Prosecution : How many Medico legal have you executed?Witness : More or less 50 cases.

Prosecution : Did you issue a medico legal on April 13, 2011 involving BaldomeroMonreal, Jr.?

Witness : Yes.

Prosecution : Showing to you a document, whose signature appears above the name of

Maghuyop?

Witness : My signature.

Prosecution : We pray that the signature above the name of Maghuyop will be mark as

Exhibit D-1

Court : Mark it

Prosecution : Why did you execute a medico legal?Witness : Because the patient suffers injury and it is my duty to examine him and

execute a medico legal.

Prosecution : We pray your honor that he is qualified as an expert witness.

Prosecution : According to your report, the victim has contusion

Witness : Yes.

Prosecution : Can you describe the type of contusion?

Witness : The contusion is diagonal.

Prosecution : What has been caused?

Witness : Hit by a hard object.

Prosecution :

Witness : Located at the delicate part of the body near the spinal/

Prosecution : That’s all.

Court : Cross

Defense : Good Evening

Witness : Good Evening, Ma’am.

Defense : The contusion of the upper back of the victim would be caused by a hard

object?

Witness : Yes.

Defense : You cannot tell what kind of object?

Witness : Yes.

Defense : Is it also possible that the victim was not hit?Witness : Based on my findings, it was caused by a hard object.

Defense : That’s all

Court : Any Re-direct?

Prosecution : No, Your Honor.

Court : Call your next withness

Prosecution : May we call PNP Chief Julius Ibaoc to stand in the witness stand

Court : Swear the Witness

Court

Interpreter




Witness : I Do. I am Julius Ibaoc PNP Chief of Police of Bilar BoholProsecution : Our 5

th witness is Julius Ibaoc. We offer the testimony of Julius Ibaoc

testify that there was an incident on April 13, 2011.

May I approach the witness?

Court : Proceed

Prosecution : How long are you in service?

Witness : 50 years.


17/27

Prosecution : How did you-----

Witness : Took & passed the exam.

Prosecution : When was that?

Witness : 1981

Prosecution : As of now, where are you assigned?

Witness : Bilar, BoholProsecution : What is your position?

Witness : Chief of Police

Prosecution : As a chief of police, what are your duties and responsibilities?

Witness : I conduct investigation. I render services and assistance. I issue also acertification of police blotter.

Prosecution : You mentioned that you issue a police blotter. Did you issue a police

blotter on April 13, 2011?

Witness : Yes.

Prosecution : Showing to you a document. How is this related to you.

Witness : The Certificate of Police Blotter that I issued.

Prosecution : Above the name Julius Ibaoc, Whose signature is this?Witness : My signature

Prosecution : We pray that the signature above the name of Julius Ibaoc will be markas Exhibit”F-1”

Court : Mark it.

Prosecution : Do you confirm and affirm the validity of this document?

Witness : Yes.

Prosecution : That’s all, Your Honor.

Court : Cross

Defense : No cross, Your Honor.


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• Atty. Basilito Robles

Private Prosecutor





Court : Today us schedules for the last presentation of the last witness of the

prosecution.

Is the prosecution ready?

Prosecution : Yes.


Prosecution : Our 6

th

witness is Artemia Robles. May I call Artemia Robles to stand inthe witness stand.

Court : Swear the witness.

Court

Interpreter

: Raise your right hand. Do you swear or affirm to tell the truth, the wholetruth, and nothing but the truth?


Witness : Artemia Robles, 55 years old, Residing at Subayon, Bilar and a

housewife.

Prosecution : Where were you on April 13, 2011

Witness : At home

Prosecution : At the same date, where were you at 11:00 AM?

Witness : At homeProsecution : At the same date and time, was there unusual circumstance?

Witness : I was cooking for lunch that my son Bonifacio was running towards me

and catching his breath and told me that his brother Baldomero is introuble.

Prosecution : What was the manner of informing?

Witness : He was talking very fast and catching his breath

Prosecution : What did you do upon hearing Bonifacio?

Witness : I rushed to my daughter’s House (Jade Salingay)

Prosecution : Upon arriving at Jade’s, What did you see/observe?

Witness : I saw Baldomero sitting and wiping his bleeding nose.

Prosecution : What did you do upon seeing Baldomero that his nose was bleeding?Witness : Comfort him and asked him what happened.

Prosecution : What did he say when you asked him what happened?

Witness : That Norman Torregosa lifted his neck using steel pipe, kicked his feetand paddled his back.

Prosecution : After what happened, what did Baldomero do?

Witness : He immediately went to the health center.


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Prosecution : Did you report the incident?

Witness : Yes

Prosecution : What time?

Witness : 4:00-4:30PM

Prosecution : Why did you not report it immediately?

Witness : Because we had our lunch.Prosecution : Have you executed any affidavit?

Witness : Yes.

Prosecution : Showing to you a document, What is the relation of this document to

you?

Witness : The affidavit that I executed

Prosecution : There is a signature above the name of Artemia Robles, Whose signature

is this?

Witness : My signature.

Prosecution : We pray that the signature of Artemia Robles be mark as Exhibit G-1

Court : Mark it.

Prosecution : There is a signature above the name of Reagan Bolando, whose signatureis this?

Witness : His signature.

Prosecution : Why did you say that it is his signature?

Witness : I personally saw him affixing his signature.

Prosecution : I would like to pray that the signature of Reagan Bolando will be mark asExhibit G-2

Court : Mark it.

Prosecution : No further questions, your Honor.

Defense : We would like to ask for a 5-minute break

Court : Granted.

Court

Interpreter

: The court is in session, silence is enjoined.

Court : Is the defense ready?

Defense : Yes.May I approach the witness?

Court: : Proceed.

Defense : Artemia Robles, can you tell to the court the purpose in executing theaffidavit.

Witness : Testify against the accused.

Defense : Why did you execute this affidavit?

Witness : I want to tell everyone what happened to my son.Defense : You executed an affidavit to support your son..

Witness : Yes, that’s actually my purpose

Defense : Mrs. Robles, in April 13, 2011, you said that you are inside your house?

Witness : Yes.

Defense : What are you doing? cooking for our lunch?

Witness : Cooking for our lunch?

Defense : What else?

Witness : Preparing for our lunch.

Defense : Before that did you see your son?

Witness : No, he was not home at that time.

Defense : Mrs. Robles, on April 13, 2011, Did you happen to see NormanTorregosa?

Witness : No.

Defense : Am I right that you are basing your testimony on hearsay?

Prosecution : Objection:

Court : The witness may answer.

Witness : I am aware.


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Defense : Mrs. Robles, you said that you did not see Norman Torregosa on April13, 2011.

Witness : Yes

Defense : Did you see him hurting your son?

Witness : No

Defense : So, all you said is based on what you’ve heard?Witness : Yes.

Defense : No more questions, your Honor.

Witness :

Prosecution : That’s 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 plaza4. 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 JuliusIbaoc that there was an incident transpired.

7. Exhibit G and all its sub-markings-corroborative evidence

Court : The court admits Exhibits A-G to form part of the evidence of the

prosecution

Prosecution : With that your Honor, we rest our case.


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7




Authority.This is for arraignment








Court : Presentation of 1st witness for the defense. Is the defense ready?

Defense : Yes.

Court : Who is the 1st witness for the defense?

Defense : Your Honor, Atty. Michael Ligalig for the Defense.

Court : The court is asking if the defense is ready to present their witness.Defense : The defense is ready for the presentation of our 1

st witness.

Court : Call the witness.

Defense : May we call Norman Torregosa to stand in the witness stand

Court : Swear the witness.

Court

Interpreter




Witness : I do. I am Norman Torregosa, married, resident of Subayon, Bilar, College

graduate, incumbent Barangay Captain and I am the accused in this case.

Court

Interpreter

: The accused is ready.

Court : State the purpose in presenting your witness.

Defense : The purpose is to rebut the alleged accusation that he caused the injurt

sustained by Monreal Baldomero,

Defense : Mr. Witness, how long are you the Barangay Captain in Subayon, Bilar?

Witness : It is my 2nd

term now. Basically, I’m in the service for almost 5 years.

Defense :

Witness : In the first place I was elected as Barangay kagawad in Subayon, Bilar. I

realized that I can do more and I heard the voice of the people in Bilar that

they want me to run as a Barangay Captain. So, I decided to run as a

Barangay Captain.

Defense : Was it a landslide victory?Witness : Modesty aside, yes.

Defense : Mr. Torregosa, before you appeared in this court, have you appeared to any

court prior to this appearance?

Witness : Never.

Defense : Never been accused before?

Witness : No.


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Defense : Are you married?

Witness : Yes.

Defense : Do you have children?

Witness : Yes.

Defense : Did you finish college?

Witness : Yes. Agriculture in Bilar.Defense : Before you elected, you were working in a private sector?

Prosecution : Objection! Leading.

Court : Sustain.

Defense : On April 13, 2011, where were you at that time?

Witness : I was at my house putting my child to sleep.

Defense : So you were putting your child to sleep, you were inside your house?

Witness : Yes.

Defense : How old is your child?

Witness : 2 years old.

Defense : Before putting your child to sleep, what were you doing?

Witness : I’m just inside the house.Defense : While putting your child to sleep, did you keep a steel pipe beside you?

Witness : No, I have no reason to keep a steel pipe.

Defense : Do you own a steel pipe?

Witness : No.

Defense : Why did you go outside?

Witness : When I was putting my child to sleep, I heard a noise from our neighbor.

Defense : How long was the noise took place?

Witness : It was quite a time.

Defense : That was your reason why you went outside?

Witness : Yes, that was basically my reason. To check because Jade was calling for

help.

Defense : What were the words you heard?

Witness : I heard it in a vernacular. “Tabang”

Defense : How did you know that it was the voice of Jade?

Witness : We were neighbor for quite a time. I am familiar with her voice.

Defense : -------------

Witness : I never went to the house of jade because I was watching over my child till

my wife took over in taking care of my child. The children of Jade were

crying so I was alarmed.

Defense : You were alarmed by the cry?

Witness : Yes.Defense : You were aware of your duties?

Prosecution : Leading

Court : Mr. Ligalig, please refrain from asking leading questions.

Defense : Did you see anyone when you went outside?

Witness : Yes, I saw Ho and Sayon.

Defense : Did you also see the complainant?

Witness : No, not yet at that time.

Defense : What happened next?

Witness : I heard Baldomero who was challenging everyone in the house. I believe at

that time he was intoxicated with alcohol because they were having a

drinking session.Defense : What did you do next?

Witness : I immediately rushed to the house of Jade.

Defense : You know your duty as a Barangay Captain, What kind of duty?

Witness : To protect the people in our place and to maintain peace and order.

Defense : Did you attend a seminar?

Witness : Prior to the assumption of duties, there was seminar conducted to inform


23/27

our function.

Defense : What are your other functions?

Witness : 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.

Defense : What did you do when you see Baldomero Monreal at that time?

Witness : When I was about ot enter the premise of Jade. Baldomero was about to goout. He was in a hurry in going out. There was no conversation between us.

He stumbled at the bamboo fence of Jade,


Witness : 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.

Defense : How did you know that he was drunk?

Witness : His behavior and I have knowledge that he had a drinking session.

Defense : How did you know that he had a drinking session?

Witness : I knew it early in the morning.

Defense : What did you do next?Witness : I arrest him and bring him to tanod outpost.

Defense : Why will you bring him to tanod outpost?

Witness : I was sure that he committed an offense.

Defense : While you were holding Baldomero, did you kick him?

Prosecution : Leading!

Court : Leading.


Witness : 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 he’s drunk.Defense : When you heard Jade asking you not to arrest Baldomero….

Prosecution : Leading!

Court : Leading.

Defense : Were you the Barangay Capatain at that time?

Witness : Yes.

Defense : Did you succeed in arresting Baldomero?

Witness : No, I took pity in Jade. I released Baldomero with an assurance that he will

not hurt anyone.

Defense : Out of Pity?

Witness : Yes.


Witness : After I released him, I went home and had lunch with my family.

Defense : Did you execute this affidavit?

Court : Lay the basis.

Defense : Have you executed an affidavit?

Witness : Yes.

Defense : Is this the affidavit you executed?

Witness : Yes, Exactly the same.

Defense : Is this your signature?

Witness : Yes.

Defense : When you executed this affidavit, does anyone help you?Witness : With the presence of my counsel, Atty. Maria Theresa Lim.

Defense : After the incident, how did you know that there is a case filed against you?

Witness : I was surprised, considering that I was performing my function as aBarangay Captain. I could not remember any reason that he will file suchcase because Baldomero and I are good neighbors.

Defense : I pray that the signature of Norman Torregosa will be mark as Exhibit 1-A


24/27

Court : Mark it!

Defense : No further questions.

Court : Is the Prosecution ready to cross?

Prosecution : Yes. May I approach the witness?

Court : Yes.

Prosecution : Good evening, Mr. WitnessWitness : Good evening.

Prosecution : You mentioned earlier that you heard Baldomero challenging everyone.

How did you know that Baldomero was challenging everyone?

Witness : Basically, I heard the vernacular language at that time.

Prosecution : When you said challenging, who are you referring?

Witness : There were noise, I presumed there are also other people inside. I heard

Jade crying asking for help so with her children.

Prosecution : So, it was all a presumption?

Witness : No, I personally heard other people inside the house of Jade.

Prosecution : The only person is Jade?

Witness : Jade and her children, there were friends of Jade in the premises, Ho andSayon.

Prosecution : How did you know that they are the friends of Jade?

Witness : They are all residing at Subayon, Bilar and ther are voters of Subayon,

Bilar.

Prosecution : You mentioned that he was intoxicated, how did you know?

Witness : Aside from the fact that he had a drinking spree, I could also tell by

hearing the voice of someone who is not normal.

Prosecution : So, you are all basing it by your conclusion because you have just heard his

voice?

Witness : Yes.

Prosecution : How did you know that there was a drinking spree?

Witness : As early in the morning. I saw Ho and Sayon bought a wine; there was astore near our house. Baldomero is a habitual drinker of that wine, a

presumption that there was a drinking session.

Prosecution : Only a presumption?

Witness : Yes.

Prosecution : Could you remember what kind of wine?

Witness : Green perico—favorite drink of Baldomero.

Prosecution : You said that it was a presumption that ho & Sayon had a drinking session.

Witness : 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.

Prosecution : Did you see Baldomero having a drinking spree of the said wine?

Witness : No.

Prosecution : No drinking spree transpired?

Defense : Objection! Trying to confuse the client.

Prosecution : You said that you heard that there’s an asking of help?

Witness : I heard it when I put my child to sleep.

Prosecution : How certain are you that the voices you heard are the children of Jade?

Witness : No other children within our premises or neighborhood other than Jade’s.

Prosecution : Are the children of school age?

Defense : Objection! Irrelevant.Court : The court may allow the witness to answer.

Witness : Yes, 5 to 6 years old.

Prosecution : How did you know Baldomero is trying to escape?

Witness : I was about to enter at the backyard, I noticed Baldomero trying to escape.

Prosecution : How far are you from Baldomero when you notice him?

Witness : 10-15 meters away.


25/27

Prosecution : What do you mean premise. Inside or outside?

Witness : I am already inside the fence.

Prosecution : Inside the fence of Jade?

Witness : Yes.

Prosecution : You said that Baldomero ran away, what direction?

Witness : I am in the front yard, Baldomero attempted to run away at the opposite ofmy direction.

Prosecution : How did you know that when Baldomero ran way, he intended to flee?

Witness : When he ran away, he was trying to avoid something.

Prosecution : Could it be possible that he will just vomit?

Defense : Objection! Leading.

Court : It calls for an opinion. Next question.

Prosecution : Demonstrate how Baldomero fell down at the fence that his back landedfirst.

Defense : Objection: This is not a circus.

Court : Let the witness explain in words if we cannot understand, let him

demonstrate.Can you describe how Baldomero fell down at that time?

Witness : When I was about to enter the house of Jade, I was in the premise when I

saw Baldomero running outside; he lost balance and stumbled at the

bamboo fence, his back landed first.

Court : Did he fall in the ground or lean in the fence?

Witness : It was not directly landed in the ground.

Court : Was the fence standing before he hit it?

Witness : Perfectly erected but not too strong if an object will bump.

Prosecution : I could not picture out how could he stumble if his back first landed when

he was running

Defense : Objection! The counsel is arguing.Court : The court does not find it arguing. The prosecution asked for clarification.

The court will allow for demonstration.

Witness : He was about to exit when he slip, he stumbled and his back landed first.

Court : Are you saying that he stumbled at the gate?

Witness : More or less, yes.

Prosecution : When Baldomero fell, what did you do?

Witness : Trying to help him in getting up but he was not on his proper mind, he

threw punches.

Prosecution : Are you trying to arrest him?

Witness : No intention to arrest him.

Prosecution : In your counter affidavit that you will bring him to the Barangay tanod, so,

what was that?

Witness : That is the time were I already arrested him after throwing punches.

Prosecution : When you held Baldomero, you were trying to arrest him?

Witness : My intention is not the holding but the other way.

Prosecution : In your 2nd

term as a Barangay tanod, is it your first time to encounter thiskind of event?

Witness : Yes. If there were any incidents like this there were Barangay tanods withm me. It is my first time to encounter that I am alone and no Barangay

tanods are with me.

Prosecution : How far is the Barangay Tanod to your house?Witness : 50 meters.

Prosecution : You did not bother to cal a Barangay tanod?

Witness : There is no way to do so because it was an emergency.

Prosecution : Before you go to the house of Jade. You did not bother to go first to the

outpost?

Witness : No, it is impractical to go first to the outpost.


26/27

Prosecution : When you arrived at the house of Jade, were there other people aroundaside from Ho and Sayon?

Witness : No.

Prosecution : What did Sayon and Ho do when the saw you? They did not help?

Witness : They trusted me as a Barangay captain, I believe that the believe that I can

handle the situation.Prosecution : They did not bother to help?

Witness : No.

Prosecution : Where did they stay?

Defense : Objection!

Court : The witness may answer if he saw them. Did you see them?

Witness : Yes.

Court : Where did they stay?

Witness : Inside the premise of Jade.

Prosecution : That’s all,

Court : Any re-direct?

Defense : During the time when Baldomero fell, did you approach him?Witness : Yes.

Defense : What can you observe when you were near him aside from being drunk?

Witness : He was so wild, he was not in his sanity.

Defense : Aside from his behavior, you think that he was drunk?

Witness : I held his collar, I could smell his breath and he was positive of alcohol.

Defense : That would be all.

Court : Any re-cross?

Prosecution : None.

Court : The witness is excused.


27/27

8




Authority.This is for arraignment









Documents

116908447 Transcript of Stenographic Notes