Script Robbery With Homicide

8/2/2019 Script Robbery With Homicide

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SCRIPTRobbery with Homicide

People vs. Vargas

CHARACTERS:Cristina Amelia Guzman - Prosecution CounselRaphael Villanueva - Prosecution CounselGisela Cecilia Mauhay - Kristine Pascual (Complainant)Mariel Mailom - Marimar Rivera (Prosecution Witness)Maricor De los Reyes - Darlene Aguilar (Prosecution Witness)Lovereal Joy Ocampo - Dr. Judy Ann Agoncillo (Expert Witness)Juan Fermin Rayos del Sol - Defense CounselSheila May Sabino - Defense CounselManuel Plaza Alfred Vargas (Accused)

Ma. Cristina Peaflor - Jinky Mina (Defense Witness)Margarette Raiza Andaman - Clerk of Court/ Interpreter

PROSECUTION

Direct Examination of Kristine Pascual by Atty.Cristina GuzmanDEFENSE: For the accused, ready your Honor.

PROSECUTION: We are ready, your Honor. May we know if our witness ispresent, then, well present the witness, your Honor.

COURT: Call and swear the witness.

INTERPRETER: (Interpreter will swear in witness) Do you swear to tell thetruth, the whole truth and nothing but the truth so help you God?

WITNESS: I do.

COURT: Please tell the court your name, age, occupation, residence andother personal circumstance.

WITNESS: Kristine Pascual, 50 years old, widow, a businesswoman and aresident of No. 123 Metrica, Sta. Mesa, Manila

COURT: Your witness.

PROSECUTION: Your Honor, we are presenting the testimony of KristinePascual to prove that she was the one who discovered the body of hisson Sam Pascual on August 28, 2007 at about 7:00 oclock in the

morning. She was also the one who asked for the police officers toinvestigate the case. She is going to identify or testify that when the


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body of his son was taken by the authority, she saw a pair of whiteslippers and a pink Bench t-shirt which was later found to be the oneworn by the accused just before the incident of August 28, 2007. She isalso going to identify the Sony Ericsson Vodaphone which was alleged tohave been stolen from the premises of the victim. She is also going to

testify on the damages that she had sustained together with her familyby reason of the death of her son Sam Pascual. Thats all for the offer,your Honor.

COURT: Comment?

DEFENSE: We will just cross examine the witness, your Honor.

Q: Mr. Witness, do you know a person named Sam Pascual?A: Yes, maam.

Q: And why do you know him?A: He is my son, maam.

Q: Could you tell us where your son is now?A: He is already dead, maam.

Q: Do you have any proof that he is already dead?A: Yes, maam.

Q: And what is your proof that he is already dead?

A: We have a Death Certificate, maam.

Q: Showing to you a photocopy of the Death Certificate We reserve thepresentation of

The original, your honoris this the death certificate of your son toprove his death?

A: Yes, maam. This is the Death Certificate of my son.

INTERPRETER:Witness identifying Exhibit A.

PROSECUTION: The Death Certificate of Sam Pascual had been

previously marked asExhibitB for the prosecution, your Honor.

Q: By the way, do you know of any person by the name Alfredo MannyPlaza Vargas?A: Yes, maam.

Q: How do you know Alfredo Manny Plaza Vargas?A: He was the one who killed my son, maam.

DEFENSE: Objection, Your Honor. The witness is incompetent to answerthe question.


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Q: Now, if Alfredo Manny Plaza Vargas is around, would you be able toidentify the

accused?A: Yes, maam.

Q: Could you point to him?

PROSECUTION: For the record--- Witness points to a person whoidentifies himself as Alfredo Manny Plaza Vargas.

Q: On or about 7:00 oclock in the morning of August 28, 2007, wherewere you?A: I arrived at our store, maam.

Q: And where is this store that you are talking about?A: 1234 Craig St., Sta. Mesa, Manila, maam.

Q: And what kind of store is this?A: A convenience store, maam.

Q: As a businesswoman, what is your transaction with that conveniencestore?A: I am the owner of several branches of My Big Love Convenience Store,which were managed by my children including that store at Craig St.,managed by Sam.

Q: You mean to say that it was Sam who eventually supervised thestore?A: Yes, maam.

Q: Who is responsible for opening and closing the store?A: It was Sam.

Q: And at what time does he open and close it?A: He opens the store at 6 am and closes it at around 10:30-11pm,maam.

Q: You stated that you just arrived at your store at around 7am. Whenyou arrive thereat, was there anything unusual that you have seen?A: Yes, maam.

Q: And what is that?A: I noticed that the store was still close and the lock of the backdoorappeared to havebeen destroyed.

Q: Is that all? What did you do after you see that the lock wasdestroyed?


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A: I entered the store and everything was in disarray.

Q: Disarray?A: Yes, maam. I saw the drawers of the table open. The goods on therack were scattered

all over the place and the cash box was empty.

Q: The cash box is empty?A: Yes, maam.

Q: Do you have any idea regarding the amount of the cash box?A: Yes, maam.

Q: And how much?A: P37,530.

Q: And how come you know the amount?A: He called me on the night of August 28 at around 9:30pm, requestingme to pick-up the money and deposit it to the bank.

Q: So after seeing the cashbox, what else did you see?A: I saw the body of my son, drenched with his own blood and lifeless.

Q: And in which part of the store did you see your son?A: Beside the cashbox, maam.

Q: Why is he inside your store?A: Because he manages and stays at the store.

Q: Can you take a look at these pictures? Do the pictures depict thescene of the crime as per your recollection?A: Yes, maam.

PROSECUTION: Your Honor, I am now presenting you this as Exhibit Kalready marked during the Pre-trial.

Q: Now, upon seeing your son already dead, what did you do next?A: I then sought the help of my neighbors to summon the police, maam.

Q: And after calling out your neighbors to call the police, what happenednext?

A: The policemen arrived at the store and conducted an investigation,maam.

Q: And what the policemen arrived and investigated, what happened

next?


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A: I went to the Police Station and my son was brought to the funeralparlor, maam.

Q: Can you still recall what the police officers did when they investigatedthe place?

A: They saw items left, maam.

Q: And what were these items left that you are talking about?A: A pair of slippers marked with Marimar and a blue Bench t-shirtmaam.

Q: If I show you the white slippers and blue Bench t-shirt that youare talking about, will

You be able to identify the same?A: Yes, maam.

INTERPRETER: Witness identifies Exhibits I and J,respectively.

Q: Now, during the investigation by the police officers, did you have anychance to talk with the police officers as to why your son was killed?A: Yes.Q: Where you able to talk to the police?A: Yes, maam.

Q: And could you tell us what the police officers told you?

DEFENSE: The best evidence is the police officer, your Honor.

COURT: Answer.

A: The police asked me if I know the person by an alias Marimar,maam.

Q: And what was your response to the police officers?A: I told them I know of someone named Marimar.Q: And, how do you know this Marimar?A: She lives 4 blocks away from our house.

Q: And after knowing who this Marimar was, what happened next?A: I learned that Marimar was picked up by the police, maam.

Q: Now, going back to the time that you entered your store and youfound that your son was

already dead and after an investigation was made by the police officer,did you notice

anything missing inside your store? (Option: Was everything in place inyour store?)

DEFENSE: Leading your Honor.


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COURT: Answer.

A: Yes, maam. Money in the cashbox, fossil watch Sam always wear andthe cellphone I gave him.

Q: What model is the cellphone?A: Sony Ericsson Vodafone, maam.

Q: What among the items were recovered?A: Only the cellphone, maam.

Q: How did you recover the said cell phone?A: I recovered the cell phone from Darlene Aguilar with whom the Aguilarsaid that the phone was delivered by Vargas.

DEFENSE: Objection, Your Honor. It is hearsay.

Q: How did you come to know that the cell phone was with DarleneAguilar?A: When I found out that my sons cell phone was missing, I instantlywent to the nearest cell phone store to inquire. This store was owned byDarlene Aguilar.

Q: Now, are you familiar with the Vodafone cellphone that was missing?A: Yes, maam.

Q: And why are you so familiar with that cellphone?A: Because the name of my son appears in that cellphone, maam.

Q: Could you tell the Court what were the exact words that appeared inthe cellphone?A: The welcome note stated, Hi, Im Sam Pascual.

Q: Do you have any other proof that this cellphone is really the phone ofyour son?A: Yes, maam. The receipt bears my name as well as the serial number

of the cellphone, which is XYZ987654321.

Q: And why do you have the receipt?A: Because I purchased the phone and gave it to Sam as a birthday gift.

Q: Now, if that Vodafone cellphone will be shown to you, will you be abletoidentify it?

A: Yes, maam


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PROSECUTION: Showing to you a Sony Ericsson Vodafone cellphonewith Serial No.

XYZ 987654321 which had been marked in evidence as Exhibit L bythe prosecution, is

this the Nokia cellphone that you are talking about that was missing and

that was recovered?Is that the cellphone that you think was missing and later on recovered?A: Yes, maam.

Q: Could you tell us what was supposed to be your sons job?A: He is a merchandiser and manager, maam.

Q:Was he married when he died?A: Bachelor, maam.

Q: Could you tell us how much he earned a month?A: Im not sure, maam.

Q: Could you please give us an estimate considering that he mans youstore, how much do you give him?A: 5000 per week as manager.

Q: Could you tell us how old was your son when he died?A: 27 years old, maam.

Q: How many children do you have other than Sam Pascual?

A: Four, maam.

Q: Was Sam Pascual supposed to be the oldest?A: My third child, maam.

Q: All of these five children, Ms. Witness, do you treat them equally?A: Yes, maam.

Q: No exceptions?A: I treat them equally but my child Sam is dearest to me because Ialmost lost him when I have difficulty in pregnancy.

Q: In connection with this case, what you have testified here in Court,did you execute a sworn statement regarding the same before thiscase was being filed?A: Yes, maam.

Q: Showing to you this document, is this the sworn statement that youexecuted?A: Yes, Sir. (Witness identified the document showed by Prosecutor).


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PROSECUTION: May I manifest, that this sworn statement has beenmarked as Exhibit E for the prosecution during the Pre-TrialConference, your Honor.

Q: Is this your signature?

INTERPETER: Witness identifying the signature appearing on thedocument showed by the Prosecutor.

A: Yes, maam.

PROSECUTION: And the signature of the witness has been marked asExhibit B-1 for the prosecution. Thats all for the witness, your Honor.

COURT: Witness is excused.

Cross Examination of Kristine Pascual by Atty. JuanFermin Rayos del SolQ: You said that Exhibit I is the phone of your son.A: Yes, sir.

Q: Do you have any proof that Exhibit I is the phone of your son?A: Yes, I have the receipt of the phone and the welcome note of thephone.

Q: What is written in the receipt?A: The serial number and the model of the phone.

Q: How about the welcome note?A: It shows hi, Im Sam Pascual.

Q: Do you know any person from your family having the same nameSam Pascual?

A: Only my son, sir.

Q: How sure are you with that statement?A: We have a small family.

Q: And are you sure that the welcome note refers to your son?A: Yes, sir.

Q: Have you ever seen the welcome note before of your son?A: No, sir.

DEFENSE: No further questions your Honor.


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Direct Examination of Marimar Rivera by Atty. RafaelVillanuevaCOURT: Call the witness on the stand and swear him.

INTERPRETER: Do you swear to tell the truth, the whole truth andnothing but the truth. Please state your name, age civil status,occupation, residence, and other personal circumstances.

WITNESS :Marimar Rivera, 27, 1526 Craig St. Sta. Mesa Manila.COURT : Your witness.

PROSECUTION: We offer the testimony of Marimar rivera to show thataccused Alfredo Manny Plaza Vargas is personally shown to thewitness Marimar Rivera; that the slippers found at the crime scene is

owned by the witness Marimar Rivera who lent the slippers to A Vargas;she will also testify that on the day in question, she met Vargas, theaccused in the case, and he was able to recognize the pink t shirt whichthe accused was wearing at that time, and was found later on at thescene of the crime. And he will identify this slippers as well as the tshirtthe accused was wearing and found later on inside the house where theincident the killing of the victim, occurred.

COURT: Comment?

DEFENSE: We will just cross examine this witness, your honor.

COURT : Proceed.

Q: Marimar Rivera, do you know the accused, Alfredo Manny PlazaVargas?A: Yes sir.

Q: Why do you know the accused Alfredo Vargas?A: We were neighbors.

Q: How long have you known Vargas?A: For a long time, sir.

Q: If Vargas is inside the courtroom, will you be able to point him out tothe court?A: Yes, sir, that is him.(Witness points to a person who identified himself as Alfredo Vargas.)

PROSECUTION: For the record, the witness is pointing to a person whoidentified himself as Alfredo Vargas.

Q: Now, on the 28th of August , 2007, at around 3pm in the afternoon, doyou recall having met Vargas, whom you just identified?


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A: Yes, sir.

Q: Where did you meet Vargas on the 28th of August 2007 at around3pm in the afternoon?A: At my house, sir.

Q: And at the time that you met Vargas on 28 th of August 2007 at yourhouse, do you still recall what he was wearing at that time?A: Yes sir.

Q: Will you be able to tell this court what was he wearing when you methim on 28th August 2007 at 3pm?A: He was wearing a pink t-shirt, sir.

Q: Do you know what kind of t-shirt, do you know what is the trademarkof the t shirt he was wearing?A: I recall it was a Benchshirt.Q: Now, lets go to the feet. Was he wearing anything at his feet?A: He was wearing my slippers, sir.

Q: Do you have any identifying marks on your slippers?A: Yes, sir.

Q: What identifying mark did you place?A: Marimar sir.

Q: Did you have some conversation in your house?A: Yes, sir.

Q. What did you talk about?A: He asked me if I want to go with him, sir, to a party of Jinky Mina

Q: Where?A: Near our house, at 2345 Craig St. Sta Mesa, Manila.

Q: And what was your response, if any?A: I said I couldnt go.

Q: Now, did you observe anything on the person of Vargas at that time?A: Yes sir.Q: What did you observe on the person of Vargas at the time?A: Something was bulging at his back, sir.

Q: What was at his back?A: I do not know what was placed at his back, but it was bulging, sir.

Q: What was the shape of that something?

A: It is long, sir.


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Q: Now, what time did you separate with Vargas?A: About 4pm in the afternoon, he left my place sir.

Q: Did you have any occasion to see him again after that meeting on 28th

August, 2007.

A: No more sir.

Q: What about the pink shirt, which you said Vargas was wearing on 28 th

August, 2007, did you have a chance to see that pink shirt again?A: No more sir.

Q: Now, do you recall having been investigated by the Sta Mesa Police inconnection with this case?A: Yes sir.

Q: At the police investigation, do you recall having been asked toidentify a pink tshirt?Defense: Misleading your honor, objection:

COURT: Reform the question.

Q: At the time when you were asked what was Vargas wearing, do youknow where the pink shirt was at that time?A: It was placed in a plastic bag, sir.

Q: Who placed the pink shirt in a plastic?

A: The police officers sir

Q: And what did the police do with that t-shirt placed in the plastic?A: They brought it with them and kept it sir.

Q: Were you able to identify that pink shirt?

DEFENSE: May we request that since this line of question addressed to apink shirt, may we request that it be shown to the witness, your honor.

PROSECUTION: If that pink shirt which you said was used by Vargas with

trademark Bench will be shown to you , will you be able to recognize thesame?

DEFENSE: Objection your honor, misleading.

COURT: Witness may answer.

PROSECUTION: Now, will you be able to identify this pink shirt, whichwas used by Vargas?A: There was a stain on the side of the shirt, sir.

Q: What kind of stain?


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A: Colored brown sir

Q; Now, Im showing to you this pink shirt, kindly examine the same andtell the relation of this shirt with the one you mentioned was worn byVargas on 28th August, 2007.

A: This is the pink shirt worn by Vargas on 28th August, 2007.

Q: Will you please point to this Court the stain on the shirt which youmentioned?A: Here sir.(For the record, witness points to the stains in front of the shirt coloredbrown)

Q: Now, you mentioned also that this t-shirt has a mark bench where canyou find this?A: In front sir.

DEFENSE: The best evidence is the shirt

Q: Where is it? (For the record, witness is showing the bench mark in thefront of the shirt.)

Q: Now, you mentioned also that you, what did you say?A: Marimar sir.

Q: How did the slippers end up in the possession of Vargas?

A: I lent it to him 5days before or on Aug 23 2007.

Q: And if that pair of slippers will be shown to you with the markingsMarimar, will you be able to identify the same?A: Yes sir.

Q: Im showing to you this pair of slippers, kindly examine the same, andtell us the relation of these slippers with the one you saw Vargas waswearing on 28th August 2007.A: Yes sir.

Q: Will you please indicate to us your identifying mark which you saidMarimar?A: Here sir.

Q: Do you know the reason why you were invited by the police of Sta.Mesa.

DEFENSE: Objection, incompetent.


A: Because of the pair of slippers, sir


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PROSECUTION: That is all your honor.

Cross Examination of Marimar Rivera by Atty. ShielaSabino

Re-direct Examination of Marimar Rivera by Atty.Rafael VillanuevaQ: Ms. Witness. You testified that on August 28, 2007, MV went to yourhouse?A: Yes sir.

Q: What did he do there?A: He invited me to go to the birthday party of Jinky Mina.

Q: And you said that you remember what he was wearing at that time?A: Yes sir.

Q: So what again was he wearing?A: A blue Bench t-shirt sir.

Q: How come you vividly remember his attire at that time but youcannot remember what he was wearing when you lent him your

slippers five days before that date?A: Because when he invited me to the birthday party, I noticed thatthere was a coloredbrown stain on the right (or left) side of his shirt. I even asked himif he would wear that shirt to the party considering that there was astain on it. That is the reason why I clearly remember his attire thatday.

Q: Also, you testified that the size of your feet is 7 inches?A: Yes sir.

Q: And you also said before this court that the size of the feet of A.Vargas is about 10 inches?A: Yes sir.

Q: And you still lent your slippers knowing fully well that it would not fitA. Vargas?A: Yes sir

Q: Why?


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A: Because my friends usually borrow my things so I did not find itunusual when he borrowed my slippers. And as my friend, I did notbother to ask him what he was about to do with it.

Q: What kind of slippers is this?

A: Unisex sir.

Q: Does he usually borrow things from you?A: Yes sir.

Q: Like what?A: Aside from the slippers sir, he borrowed my DVDs, my Seiko unisexwatch andcellphone.

Q: Is this the first time that he borrowed slippers from you?A: No sir. He borrowed slippers from me several times before and Icannot remember how many times in particular.

PROSECUTION: No further question you honor.

Direct Examination of Dr. Judy Ann Agoncillo by RafaelVillanuevaCOURT: Call the next witness.

INTERPRETER: Dr. Judy Ann Agoncillo, do you swear to tell the truth thewhole truth and nothing but the truth, so help you God?WITNESS: I do.

COURT: Please state your name, age, civil status, occupation, residenceand other personal circumstances.

WITNESS: Dr. Judy Ann Agoncillo, 30 years old, married, licensedPhysician, and presently residing at 47, Lacson Ave. Manila.


PROSECUTION: We offer the testimony of Dr. Agoncillo to show that sheis the medico legal officer who examined the dead body of Sam Pascualon August 28, 2007; that she will identify the certificate of Death whichshe wrote to the heirs of the victim; she will also testify on the severalstab wounds which he found on the cadaver of the victim, Sam Pascual,and other relevant matters.

Q: On August 28, 2007 were you already a medico legal officer of

Manila?A: Yes, sir.


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Q: And on said date, were you requested by the police authorities of StaMesa to perform an autopsy on the victim Sam Pascual?A: Yes sir, I was requested by the Sta. Mesa Police station chief.

Q: And where did you see the dead body of Sam Pascual?A: At the Quiogue morgue near Nagtahan.

Q: And did you perform an autopsy on the cadaver of Sam Pascual?A: Yes sir, I performed the autopsy.

Q: From your observation, how long is he already dead from the timeyou saw the dead body?A: About more than four or five hours, sir.

Q: And what is your basis for saying that he was already dead for morethan four or five hours?A: Because it was early in the morning and the blood were alreadyclotting throughout the body, sir.

Q: So what time did you see the cadaver?A: I think about 9am sir of August 29, 2007.

Q; when you saw the dead body of the victim, what did you observe?A: There are stab wounds, sir.

Q: Where are the stab wounds located on the body of the victim, wouldyou like this representation to refresh your memory by showing to youyour autopsy report?A: Yes sir.

PROSECUTION: considering that the witness could no longer recall thenumber of stab wounds of the victim, may I request that I be allowed toshow to the witness the human male sketch where the witness indicatedhis stab wounds.

Q: Now, Im showing to you this human male sketch, could you tell us

what this is all about?A: This is the male I autopsied at the Quiogue Morgue on August 29 th

2007. The cause of death was multiple stab wounds throughout thebody, sir.

Q: Will you be able to tell us where these stab wounds were located inthe body of the victim?A: Stab wound no 1: right anterior cervical area;Stab wound number 3 and 4 is in the left anterior cervical area;Stab wound 2: knee

No 5: occipetal areaNo 6&7 left occipetal area


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No 9: left shoulderNo 11, left scapular areaNo 12&14: left poseterior abdominal wallNo 15 & 16 is in the left anterior abdominal wall.There was a note here, stab wound no 1 and 16 came from a different

bladed weapon or another knife, sir.

Q: Why? What is your basis for saying that two other wounds wereinflicted or caused by different weapons?A: Because they have a different contour, sir.

Q: So, how many wounds?A: I counted 16.

Q: Out of 16 wounds, you found two stab wounds which were caused bya different weapon?A: Yes sir.

Q: So 14 stab wounds were caused by another type of weapon?A: Yes sir.

Q: And where did you find that two stab wounds which were caused byanother weapon?A: The right knee, sir, above the right knee, and the left anteriorabdominal wall, sir.

Q: Will you be able to tell us is a sharp bolo could cause these wounds?A: Just a bolo could cause larger than a stab wound, sir.

Q: So what type of weapon could cause these wounds?A: A single bladed weapon like a knife sir. A household knife or a fanknife, sir.

Q: What about a sharp pointed bolo?A: Yes sir. It could cause a stab wound.

Q: Now, did you issue a Certificate of Death?

A: Yes sir, I issued a Certificate of Death.

Q: Im showing you this Certificate of Death, kindly tell us if this is thesame certificate you issued to the victim Sam Pascual.A: Yes sir, this is the Certificate.

PROSECUTION: This was previously marked as exhibit ___ during PretrialConference, your honor.

Q: whose signature is this?

A: My signature, sir.PROSECUTION: Im through your honor


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Cross Examination of Dr. Judy Ann Agoncillo by Atty.Shiela Sabino

Q: In your report Doctor Agoncillo, you mentioned that the stab woundswere caused bytwo different weapons, correct?A: Yes sir.

Q: And you mentioned that you came to this conclusion because thewounds had different contours, correct?A: That is correct.

Q: So considering the number and weapon used, is it possible that the

stab wounds could have been caused by more than one person?

OBJECTION: CALLS FOR THE OPINION OF THE WITNESS (If overruled, noproblem. Proceed as planned. If sustained)

Q: Ill rephrase the question your Honor. In your experience as a medicolegal officer, have you handled a case where a lone assailant would usetwo different weapons against only one victim?A: Hardly at all, if not rarely.

Q: So in your experience as a medical officer, the use of two differentweapons against a victim is inconsistent with the conclusion that onlyone person could have committed the crime?A:Yes.

PROSECUTION: Nothing further questions, your Honor.

Direct Examination of Darlene Aguilar by Atty. CristinaGuzmanCOURT: Call the witness on the stand.

INTERPRETER: Darlene Aguilar, please state your name, age, civil status,occupation, residence and other personal circumstances.

WITNESS: Darlene Aguilar, 32 years old, Businesswoman, single andpresently residing at 2939 Craig St. Sta. Mesa, Manila


PROSECUTION: The prosecution is going to present the testimony ofDarlene Aguilar to prove that sometime in 2007, the accused Alfredo


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many Plaza Vargas offered to herein witness if he can sell a SonyEricsson Vodaphone Cellphone, which later on turned out to be one ofthose stolen from the person of Sam Pascual, the victim in this case.

DEFENSE: I will object to the use of the phrase that stolen form the

victim because there was no testimony yet. That is only a presumption,your Honor.

COURT: That is what the Prosecutor was intending to prove.

DEFENSE: I think he does not want to prove that it was stolen but that itwas to sell the cellphone your honor.

COURT: Without including the fact that it was owned by Sam Pascual.

PROSECUTION: With the kind permission of the court, may I proceed?COURT: Proceed.

Q: Ms. witness, where are you from again?A: Craig St. Sta. Mesa.

Q: Where is that?A: In Manila.

Q: Can you tell us again your occupation?A: Businesswoman.

Q: What kind of business are you engaged in?A: Buying and Selling of Cellphones and accessories, maam.

Q: Do you know a person named, Alfredo Manny Plaza Vargas?A: Yes, maam.

Q. And if he is around, can you recognize him?A: Yes maam.Q: Can you point him if he is here in Court?A: Yes maam.

Q: Can you point to him?(Witness points to a person who identified himself as Vargas)

Q: You seem to know the person whom you pointed to as Vargas, tell uswhy you know Vargas?A: He was my high school friend.

Q: Now, could you recall during those times that you were with A MPVargas, if at one time, he offered something for you to sell?

*(option: Has Vargas ever visited you in your store?..... what was thepurpose)


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WITNESS: Yes, maam.

Q: Could you tell us what is that?A: A cellphone, maam.

Q: Can you still remember what kind of cellphone was offered to you tosell?A: Vodapone, Sony Ericsson.

Q: Now, if that celphone will be presented to you can you identify thesame?A: Yes, maam.

Q: could you take a look at this celphone? Can you recall if this is thecellphone which is supposed to be offered to you?

DEFENSE: You honor, I would like to manifest that when I help andexamined this celphone, there was a blank space here. No there is againthis name of Sam Pascual.PROSECUTION: It was just turned on, your Honor.

COURT: Now, answer the question.

Q: Now, could you tell us the exact words of what Vargas tell you aboutthis Cellphone?A: Sabi po nya itago mo muna ito tapos ibenta mo ng limang libo, bahalaka na magdagdag.

Q: Is that all that he said?A: He handed it to me, maam.

Q: And what did you do to the cellphone after it was handed to you?A: I received it, maam.

Q: What did you do with the celphone after receiving it?A: I brought it to our store maam.

Q: And after bringing it to your store what did you do?A: I displayed it on the shelf with all the other cellphones for sale.

Q: Were you able to sell the cellphone?A: No.

Q: Why not?

A: Because the next day (Aug 30, 2007) a certain lady saw the phone inmy display shelf.


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Q: And what did the lady say?A: She requested to inspect it.

Q: Did you let her?A: I personally turned it on.

Q: What appeared?A: The welcome note stated: Hi, Im Sam Pascual

Q: What if any, was the ladys reaction?A: She said that the cellphone is her sons.

Q: What did you say?A: I said that the phone was delivered to me by Alfred Manny PlazaVargas the previous day.

Q: Did you execute a sworn statement in your participation regardingthe cellphone?A: Yes, maam.

Q: If that sworn statement will be shown to you, can you identify it?A: Yes, maam.

Q: Is this the sworn statement that you have executed?A: yes, sir, and this is my signature.PROSECUTION: may we just mark the sworn statement made by thewitness as our exhibit ( ) your honor, and the signature as our exhibit ( ).I am through.

Court: Mark them. Cross?

Cross Examination of Darlene Aguilar by Atty. Juan

Fermin Rayos del SolQ: You testify in the buying and selling of cellphone.A: Yes, sir.

Q: How long have you been in the business?A: Almost 2 years.

Q: So people trade-in, swap and sell cellphones?A: Yes, sir.

Q: You said in your statement that Mr. Vargas gave you the phone?A: Yes.


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Q: Did you inquire where the phone came from?A: Yes.

Q: What did he tell you that?

A: That the cellphone was entrusted to him by Sam Pascual for him tosell it.

Q: Were there previous transactions before you and Mr. Vargas?A: Yes.

Q: What were your other transactions, if any?A: He asked me before to sell a cellphone.

Q: Do you remember the date of your last transaction?A: It was on august 29, 2007.

Q: How about the previous transaction?A: No, I dont recall.

PROSECUTION: No further questions.

DEFENSE

Direct Examination of Manny Vargas by Atty. ShielaSabinoQ: For the record, please state your name, age, address, and status.A: I am Alfredo Manny Plaza Vargas, single, 32 years old from 123Craig St., Sta. Mesa, Manila.

Q: What is your occupation?A: A contractual construction worker.

Q: On or about August 28, 2007, where were you ?

A: I was at Jinky Minas house.

Q: And why were you there?A: I attended a birthday party.

Q: Whose party was it?A: Jinkys party.

Q: What is your relationship with this Jinky?A: Shes my girlfriend.

Q: Before you went to the party, where were you?


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A: I was at home waiting for Jinky.

Q: And why were you waiting for Jinky?A: Because I would accompany her in buying her birthday cake.

Q: And were you able to meet Jinky Mina?A: Yes, maam.Q: At what time did you and Jinky arrive in your apartment?A: At around 4-5pm.

Q: Were you able to buy the cake?A: Yes, maam.

Q: At what time did you arrive at the party?A: At around 7 pm.

Q: Did Jinky and you arrive together at the party?A: Yes, maam.

Q: Up to what time did you stay at the birthday party?A: I stayed there until the party was over.

Q: Around what time was this?A: At around 10-11pm.

Q: Where did you go after the party?

A: I went home maam.

Q: Did you go home alone?A: No, maam.

Q: And who accompanied you home?A: Jinky Mina, maam.

Q: Where is your home located?A: 123 Craig St., Sta. Mesa, Manila.

Q: What did you do when you arrived home?A: We just slept.

Q: We?A: Jinky and me.

Q: At what time did you wake up the following morning?A: I think 10-11am.

Q: Between 11pm of August 28 around 11am of the following day, yousaid you were asleep?


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A: Yes, maam.

Q: So youre telling us that at the evening of August 28 until themorning of the following day, August 29, you were in your house andslept with Jinky?

A: Yes, maam.

Q: And it was only between 10-11am that you wake up?A: Yes maam.

Q: Do you know certain person in the name of Sam Pascual?A: Yes, maam.

Q: Do you any relationship with this Sam Pascual?A: None, maam. Were just neighbors.

Q: Do you know what happened to Sam Pascual?A: Yes, he was killed.

Q: And how did you know that he was killed?A: Jinky told me, maam.

Q: When did your girlfriend tell you?A: The following morning after the party, maam.

Q: Do you know any person by the name of Marimar Rivera?

A: Yes. She is my neighbor.

Q: Did you borrow a pair of slippers from her?A: Yes.

Q: Do you remember when you borrowed it?A: No, sir. I cant recall the date.

Q: What is the size of your feet?A: 10 inches maam.

Q: Did you ever return them?A: Yes, maam.

Q: When did you return them?A: I think 3 days after I borrowed the slippers.

Q: Do you know a person by the name of Darlene Aguilar?A: Yes.

Q: What is your relationship with Aguilar?A: Shes my friend since high school.


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Q: Have you done any recent transaction with Aguilar?A: Yes, maam.

Q: What is this transaction?

A: I delivered a Sony Ericsson Vodafone to Aguilar and asked her to sellthe same.

Q: Where did you get this Vodafone?A: Sam Pascual requested me to sell it.

Q: Just to clarify is this same phone owned by Sam Pascual?A: Yes, maam.

Q: And when did your transaction with Aguilar take place?A: August 29, 2007.

Q: So, youre authorized by Pascual to sell his phone?A: Yes, maam.

Q: And why did you choose Aguilar to sell Pascuals phone?A: Because shes my friend and shes engaged in the business of buyingand selling of cellphone.

Cross Examination of Manny Vargas by Atty. RafaelVillanuevaQ: You mentioned you were authorized by Sam Pascual to sell hiscellphone, do you remember when did he request you to sell it?A: I cant recall

Q: You cant recall? Ten days or five days before Pascuals death.A: I cant really recall, sir. I have no idea.

Q: What?? So you have no idea of the date. Do you remember wheredid he authorize you to sell?

A: I think in our house. He came to ask me if I could sell the cellphone.

Q: Do you have any written agreement?A: None, sir.

Q: Was there anyone who witnesses your agreement?A: None, sir.

Q: You mean you cannot recall any detail of your agreement except that

it happened in your house and Pascual just requested you to sell hisphone?


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A: Yes, sir.

Q: Going back to Jinkys party that you said you attended, was there anyalcoholic drink served?A: Yes, sir.

Q: Did you take any alcoholic drinks?A: Yes.

Q: How much did you drink?A: A couple of bottles of lambanog.

Q: So, you were drunk that night.A: I dont know.

Q: Again, what time did you go home from the party on the night ofAugust 28, 2007?A: Around 10-11pm.

Q: So youre saying that you are oriented with the time but you cannotrecall if you are drunk or not?A: Yes

Direct Examination of Jinky Mina by Atty. Juan FerminRayos del SolDEFENSE: The defense is going to present the testimony of Ms. JinkyMina to prove that Manny Vargas was at his apartment when the crimetook place and is not within the scene of the crime.INTERPRETER: (Swearing the witness).

Q: Please state you personal circumstances to this court?A: Name, age, address, status.

Q: What is your occupation?

A: Sales lady at the mall.

Q: Do you know the accused?A: Yes.

Q: What is your relationship to the accused?A: He is my boyfriend.

Q: How did you meet the accused?A: I met him thorough a common friend.

Q: How long have you known the accused?


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A: 7 months.

Q: Would you say that your relationship to the accused is intimate?A: Yes.

Q: Could you describe the level of intimacy with the accused?A: Very intimate.

Q: On august 28, 2007, where were you?A: I was at home preparing for my party.

Q: What kind of party?A: A birthday party.

Q: Whose birthday party?A: My birthday party.

Q: So youre saying that your birthday is on August 28?A: Yes.

Q: Was Manny with you while you were preparing for the birthday party?A: No but I was going to meet him at my house because he was going toaccompany to buy my cake.

Q: Were you able to meet with Manny?A: Yes.

Q: What was he wearing?A: Blue shirt, maong pants and rubber shoes.

Q: Have you seen this Exhibit G?A: Yes.

Q: Can you give the circumstance where have you seen this exhibit G?A: Manny gave it to me so that I can wear it.

Q: Did you wear the Exhibit G?

A: No. Because I asked him where it came from and he said that heborrowed it from Marimar. I asked him to return it immediately.

Q: Around what time ?A: At about 4-5 in the afternoon.

Q: After meeting with manny, what did you do?A: He accompanied me to buy my cake at goldilocks at sm centerpoint

Q: Were you able to buy the cake?

A: Yes.


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Q: What kind of cake?A: Choco mocha roll.

PROSECUTION : Objection, Your Honor. Question is irrelevant.

Q: After buying the cake, where did you go?A: We went to my house for the party.

Q: Around what time did you arrive at your house?A: Around 6-7pm.

Q: What did you do if any after arriving at your house?A: We ate, drank and celebrated my birthday; we mingled with theguests of the party.

Q: Were there many people at the party?A: Yes.

Q: During all this time, was Manny with you?A: Yes.

Q: What time did the party ended?A: Around 10 to 11.

Q: Did Manny also left at around that time?

A: Yes, but I was with him when he left the party.

Q: What do you mean that he was with you when he left?A: He asked me to accompany him home because he was tired andwanted to spend more time with me.

Q: So did you go with Manny?A: Yes.

Q: Where did you go?A: To his apartment.

Q: After reaching his apartment, what did you do if any?A: Manny asked me to spend the night because it was late for me to goback home.

Q: Did you spend the night at Mannys place?A: Yes.

Q: Can you describe your sleeping arrangement when you spend thenight?

A: He was beside me in his bedroom; we slept in the same bed


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Q: The morning after, when you woke up, was Manny still with you?A: Yes.

Q: What time did you wake up?A: Around 9-10am.

Q: What happened after?A: I heard a commotion at My Big Love Convenience Store. So I wentoutside to see.. Then one of the neighbors informed me that someonekilled Sam Pascual. I went back to Mannys apartment and informed himof the incident.

Q: Was Manny still with you?A: Yes.

Q: What time did Manny wake up?A: Around 10-11am.

DEFENSE: No further questions you honor.

Cross Examination of Jinky Mina by Atty. CristinaGuzmanQ: Ms. Mina, you stated in your statement that you asked Mr. Vargas to

return the pair ofwhite slippers to Ms. Rivera.A: Yes, maam.

Q: Do you recall the accused actually returning the slippers to Ms.Rivera?A: No, maam.

Q: You stated in your testimony that you spent the night with Manny inhis house.A: Yes, maam.

Q: You slept beside him?A: Yes, sir.

Q: Who fell asleep first?

DEFENSE: Objection, Your Honor.

A: I dont remember.

Q: Is it possible that you fell asleep ahead of Manny?A: Yes, maam.


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Q: And is it possible that Manny could have left the house while you wereasleep?A: Yes, maam

Q: Ms Mina, would you lie for Manny?

DEFENSE: Objection, Your Honor. The counsel is harassing the witrness.* Mina cries (magdala ng eyemo)PROSECUTION: Withdrawn. Let it be put on record that the witness iscrying.

Q: Are you familiar with the My Big Love convenient store?A: Yes, maam.

Q: How near is Mannys house from the convenient store?A: Two houses away.

Q: Since you claim to be familiar with the My Big Love convenient store,how long would it take by foot to get to the store from Mannys house.A: About 2-3 minutes, maam.

Q: So given the said distance, you think it is possible for Manny to be atthe scene of the crime at about 10-11pm, the time of the death of thevictim.

DEFENSE: Objection, Your Honor. Question is misleading.

PROSECUTION: Your honor, we are trying to establish the distance ofthe house of the accused with the house of the victim and that it ispossible for the accused to go to the house of the victim in a shortperiod of time and commit the crime.

COURT: Overruled.

A: Yes, sir.

PROSECUTION: Thats all your Honor.

COURT: Sustained.

Q: So given the said distance, you think it is possible for a person underthe same circumstances to be at the scene of the crime at about 10-11pm, the time of the death of the victimA: Yes, maam.

PROSECUTION: Thats all your Honor. No further cross examination, yourHonor.


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DEFENSE: No re-direct, your Honor.

Documents

Script Robbery With Homicide