PRACTICE COURT I Group 7
Judge O. Pimentel 28 Sept 2002, 3-5pm
Abrenica, Vergenee Marree A. Arellano, Homer Cruz, Sarah Mae
De Venecia, Linabelle Palma Gil, Ma. Sophia Resurreccion, Paul
Dear Groupmates, I hope this script guides us. The dialogues are just extracted from my imagination. The lines of the “judge” are so far the lines which Judge Pimentel has been saying in the earlier moot court classes.---> Enee ENTRANCE BAILIFF:
All rise! Court is now in session. Silence is hereby enjoined. Branch 78, Regional Trial Court of Quezon City Judge Oscar Pimentel, presiding
JUDGE:
(Bangs the gavel.)
BAILIFF:
Criminal Case No. Q-02-38860 People of the Philippines versus Max Salvador y Rodriguez for Homicide
Group 7:
(Everybody stands.)
PROSECUTION: Enee:
Call the case
For the prosecution, Your Honor (YH), representing the People of the Phils. I am Atty. Vergenee Marree A. Abrenica, Assistant City Prosecutor.
Pia:
I am Atty. Ma. Sophia Palma Gil, YH, acting as private prosecutor under the direct control and supervision of the public prosecutor.
Paul:
I am Atty. Paul Resurreccion, YH, acting as private prosecutor under the direct control and supervision of the public prosecutor.
Enee:
We are ready, YH.
DEFENSE: Homer:
For the defense, YH, representing the accused. I am Atty. Homer Arellano, lead defense counsel, and together with my co-counsels.
Belle:
I am Atty. Linabelle De Venecia, YH, for the defense.
Sarah:
I am Atty. Sarah Mae Cruz, YH, for the defense.
Homer:
We are ready, YH.
2
ARRAIGNMENT JUDGE:
Is the accused in court?
B:
Yes, YH. (Accused stands.)
J:
Alright, arraign the accused. (Accused comes near the bailiff, beside the defense panel. Defense lawyers stand beside the accused during arraigment.)
B:
You are the accused in Criminal Case No. Q-02-38860 entitled People of the Philippines versus Max Salvador y Rodriguez and the Information charges you of the crime of Homicide committed as followed: “That on or about the 15th day of November 2000, in Quezon City, Philippines, the above-named accused [Max Salvador y Rodriguez], with intent to kill, did then and there wilfully, unlawfully, and feloniously attack, assault, and employ personal violence upon the person of one Rudy Perez y Salazar, by then and there shooting him with a gun hitting him on the left portion of his back, thereby inflicting upon him serious and mortal wound which was the direct and immediate cause of his untimely death, to the damage and prejudice of the heirs of the victim. “Contrary to law.” What is your plea?
ACCUSED:
Not guilty, YH.
B: J:
The accused enters a plea of NOT guilty, YH. Alright, enter a plea of not guilty. PRE-TRIAL
Plea Bargaining J: PROS: (Enee) bargaining.
Are the parties willing to agree to enter into a plea-bargaining?
DEFENSE: (Homer)
YHP, the defense does not also desire to enter to plea bargaining.
Your Honor Please (YHP), the prosecution does not desire to enter into plea-
Marking of Exhibits J: PROS. (Enee)
Alright, mark your exhibits. With the permission of this Honorable Court.
3 YHP, the prosecution will present the following documentary evidence and mark as prosecution’s exhibits: EXH. A. MEDICO LEGAL REPORT NO. M-1827-00 from the Philippine National Police Crime Laboratory Service National Capital Regional Unit CPD Station 4, EDSA, Kamuning, Quezon City EXH. A-1
The Signature of Dr. Dario L. Gajardo on the Medico Legal Report
EXH. A-2
The Cause of the Death indicated in the Medico Legal Report
EXH. B.
POLICE INVESTIGATION REPORT dated 27 Nov 2000 Subscribed and sworn to before Assistant City Prosecutor Elicio B. Lofranco
EXH. C.
Page 1 of the LETTER OF REFERRAL to the Police with the Quezon City Prosecutor’s Office
EXH. C-1
Page 2 of the LETTER OF REFERRAL
EXH. D
HANDWRITTEN LIST OF EXPENSES prepared by the mother of deceased victim Mrs. Rosita Perez
EXH. E
CONTRACT OF FUNERAL SERVICES for the deceased Rudy Perez y Salazar with the funeral parlor
EXH. F
CERTIFICATE OF DEATH of deceased victim Rudy Perez y Salazar
The prosecution, YH, reserves its right to introduce submarkings to the pre-marked exhibits and present other documentary evidence during the course of the trial, subject to further directions and limitations that this Honorable Court may impose. J:
Alright, subject to the 3-day notice rule, otherwise the evidence shall not be considered by the court… How about the defense? Mark your exhibits.
DEFENSE: (Homer)
With the permission of the Honorable Court. YHP, the defense will present the following evidence and request that these be marked as follows: EXH. 1 SKETCH showing the relative distances and location of the main road Banlat Road, Tandang Sora Street, and Melchora Aquino Street and showing the description and distance of the house to the Banlat Road. EXH. 2 MEDICAL CERTIFICATE of Accused issued by Fatima Medical Center
4 The defense, YH, reserves its right to introduce submarkings to the pre-marked exhibits and present other documentary evidence during the course of the trial, subject to further directions and limitations that this Honorable Court may impose. J:
Alright, subject to the 3-day notice rule, otherwise the evidence shall not be considered by the court…
Admissions/Stipulation of Facts J:
Any admission?
(By the Prosecution) PROS. (Enee)
YHP, the prosecution requests for the admission by the defense of the following documentary exhibits already earlier pre-marked. First, MEDICO LEGAL REPORT No. M-1827-00 and the truth of the finds and facts therein stated to dispense with the necessity of presenting expert testimony on the matter. The Medico Legal Report is pre-marked as Exh. A for the prosecution and we are now showing the accused and furnishing the court.
DEFENSE (Homer): PROS. (Enee)
The defense admits YH.
Second, YHP, we would like to request for the admission by the defense of the Police Referral Letter to the Quezon City Asst. City Prosecutor’s Office consisting of 2 pages pre-marked as Exhibits C and C-1, to dispense with the testimony of the police. We are also furnishing the defense and the court of a copy.
DEFENSE:
We admit only the existence of the exhibits, YH, but not as to the entries and the truth of the facts therein stated.
J:
What does the prosecution say?
PROS. (Enee)
We submit, YH. YH, we also request for the admission by the defense of the jurisdiction of this Honorable Court to hear and try this case.
DEFENSE:
We admit, YH.
PROS. (Enee) No further request for admission, YH. Thank you, YH. (By the defense) DEFENSE: (Homer)
With the permission of the Honorable Court. YHP, the defense requests for the admission by the prosecution of the genuineness and due execution of the Medical Certificate of the Accused issued by the Fatima
5 Medical Center and the truth and findings of facts therein stated to dispense with the necessity of presenting expert testimony on the matter. The Medical Certificate of the accused is pre-marked as Exh. 2 fo rhte defense and we are showing the prosecution and court a copy of it. PROS. (Enee) The prosecution admits, YH. DEFENSE: No further request for admissions, YH. Identification of Issues J: So what are the issues to be resolved? PROS. (Enee) YHP, the prosecution submits the following issued to be resolved: 1. Whether the accused was present at the scene of the crime 2. Whether the accused committed the offense charged in the Information J: How about the defense? DEFENSE (Homer) We adopt the same issues, YH. Number of Witnesses PROS. (Enee)
The prosecution will present 2 witnesses, YH. First is Ramon Perez, the brother of the deceased victim, who will testify on the incidents attendant to the killing. Second is Mrs. Rosita Perez, the mother of the deceased victim, who will testify on the expenses incurred due to the death of the victim. The prosecution reserves its right to present other witnesses in the course of the trial, YH.
J: DEFENSE: (Homer)
Alright, how about the defense, how many witnesses? YHP, the defense will present 2 witnesses. First is the accused himself who will testify on his own behalf and establish that he did not commit the offense charged in the information. Second is Mr. Mario Castro who will corroborate the testimony of the accused. The accused, YH, reserves his right to present other witnesses in the course of thet trial.
J:
Alright, are the parties willing to consider the pre-trial terminated?
PROS/DEF.
Yes, YH.
J:
Subject to the issuance of the Pre-trial Order, the pre-trial of this case is hereby terminated. Prosecution, present your witnesses.
6 PROSECUTION’S PRESENTATION OF EVIDENCE Direct Examination – Ramon Perez Atty. Enee:
May we call on Ramon Perez, Your Honor.
Judge:
All right, swear in the witness
Bailiff: Please raise your right hand. Do you swear to tell the truth, the whole truth, the whole truth and nothing but the truth in the testimony you are about to give? Ramon: Yes, I do. Bailiff:
Please state your name, age, address and other personal circumstances.
Ramon: I am Ramon Salazar Perez, 21 years old, single, a construction worker and residing at No. 169 Banlat Road, Tandang Sora, Quezon City. Enee: YH, we are endorsing the prosecution of this case to the private prosecutor, Atty. Maria Sophia Palma Gil. Judge:
Granted.
ATTY PALMA GIL: YH, we are offering the testimony of the witness to prove That on Nov. 15, 2000, the accused, Max Salvador shot Rudy Perez which caused his death. JUDGE: proceed. ATTY. PALMA GIL YH, may I approach the witness? JUDGE: Granted: ATTY PALMA GIL QUESTION:
Mr. Perez, where were you on Nov. 15, 2000 at about 4 to 5 pm?
ANSWER:
I was on my way home from Bong’s house.
Q:
And who is Bong?
A:
My friend. He is also my co-worker in a construction project.
Q:
And were do you reside?
A:
At No. 169 Banlat Road, Tandang Sora, Quezon City.
7 Q:
Is your friend’s house near your house?
A:
Yes mam.
Q:
So, you were just walking?
A:
Yes mam, There was no need to take a ride because my house is just near my friend’s house.
Q:
Were you alone that time?
A:
No mam. I was with my brother, Rudy.
Q:
Why was Rudy with you?
A:
We both are friends of Bong. We all came from work and decided to drop by Bong’s place.
Q:
While walking home, was there any unusual incident that happened, if any.
A:
Yes mam.
Q:
What happened?
A:
My brother was shot and because of that, he died.
Q:
How did that happened?
A: While on our way home, I approached a man who was smoking a cigarette. I asked for a light. Then, while lighting my cigarette, that man boxed me and ran away. Q:
What brand of cigarette did you smoke that day?
ATTY. DE VENECIA: Objection YH. It is irrelevant. ATTY. PALMA GIL YH, I just want to show that the witness recalls the event clearly. Judge:
_________
Ramon: (if judge sustains) Camel cigarette mam. (if judge overrules, balewala na) ATTY. PALMA GIL Q: When the man boxed you, what happened next? A:
My brother and I ran after him. He went inside the eskinita then we lost sight of him.
Q:
By the way, where did this all happen?
A:
Along Banlat Road, Tandang Sora, Quezon City.
Q:
Alright, what happened next?
8
A: When the man disappeared in the eskinita, another man came out from a house then began shooting at me and my brother. Q:
Do you know whose house the man came from?
A::
I believe it is owned by Ms. Tan at 171 Banlat Road, Tandang Sora, Q.C.
Q:
What did you do when you saw him shooting his gun?
A:
I ran mam.
Q:
How about your brother Rudy?
A:
He also ran away.
Q:
Then what happened?
A:
I heard about 5 gunshots. Then I heard my brother screamed.
Q:
Did he say anything?
A:
Yes mam. He said, that he was shot. I saw him pressing his chest.
Q:
What did you do after that?
A: I brought him home. But when his condition got worse, I brought him to Quezon City General Hospital. However, it was too late. He was declared dead on arrival. Q:
Going back to the shooting, did you recognize the man who shot your brother?
A:
Yes mam. It was Max Salvador.
Q:
Is Max Salvador in this courtroom now?
A:
Yes, he is.
Q:
YH, may I request that the witness be allowed to tap the shoulder of the said Max Salvador.
JUDGE:
O.K.
Ramon taps Max. Q: Now, YH, I will show a document to the witness, which was premarked during the pre-trial as Exhibit B. Can you please tell what this document is? A:
This is my written statement which I gave to the police on Nov. 27,2000.
Q: YH, I will pinpoint to a signature which was also premarked as Exhibit B-1. Do you recognized the signature?
9 A:
Yes mam, it is my signature.
Q:
No further questions YH.
JUDGE: Cross? ATTY DE VENECIA: With your kind permission YH. JUDGE: Proceed. Cross Examination – Ramon Perez ATTY. DE VENECIA: QUESTION: Mr. Perez, you answered during your direct examination that you recognized Max Salvador as the man who shot your brother, is that correct? ANSWER:
Yes mam. It was Max Salvador.
Q: You also mentioned that when the man began shooting at you and your brother, you ran away, is that correct? A:
Yes mam.
Q:
How fast did you run?
A:
Very very fast.
Q: Help me with this, Mr. Perez. If you were running away, very very fast, during the shooting, how did you recognize the shooter? A:
I got a glimpse of his face, mam.
Q:
You got a glimpse of his face. Just a glimpse? You did not clearly see his face?
ATTY PALMA GIL: Objection YH. It is misleading. Judge:
_________
(if judge sustains, ask the next question, if judge overrules, then Ramon must answer.) Ramon: You can say that. Q:
Do you Max Salvador, other than being the accused of the one who shot your brother?
A:
Yes mam. He is our neighbor in Banlat Road.
10
Q:
Do you know any reason for Max Salvador to hurt you or your brother?
A:
No mam.
Q:
Did Max Salvador had any fight with you or your brother?
A:
Not that I know of, mam.
Q:
Where were you when you ran away when the shooting began?
A:
At Banlat Road.
Q:
How far is Banlat Road from the place where you saw the person firing the gun?
A:
About 5 arms length away.
Q:
You said you were at Banlat Road, am I correct?
ATTY. PALMA GIL Objection YH. It has already asked and answered. Judge: (If he sustains, proceed to the next question. If he overrules, let Ramon answer.) A:
Yes.
Q:
You mean to say that the person you saw firing the gun was also at Banlat Road.
A:
Yes mam, but he came from his house. He was in his house when he began shooting us.
Q:
Are there houses along Banlat Road?
A:
Yes mam.
Q:
How many?
A:
I don’t know how many mam.
Q:
Do you know any military men or police residing along Banlat Road.
ATTY PALMA GIL: Objection YH. The question is immaterial. ATTY DE VENECIA: YH, I am trying to show that there is a big possibility that other residents of the area own and possess guns that can be the shooter of the victim. JUDGE: (if he sustains, proceed to the next question. If he overrules, let Ramon answer.) A:
Many I guess. do not know mam.
11
ATTY DE VENECIA: No further question YH. Direct Examination - Rosita Perez ATTY. RESSURRECCION: I am showing to you a list, go over this and tell the Honorable Court if this is the list you prepared? ANSWER: Yes ma’am, this is the list. Q:
May we ask that this document be marked as exhibit D.
COURT: Mark it. Q:
Where was the wake of your son held?
A:
At our house, ma’am.
Q:
Did you contact a funeral parlor to take care of your son’s burial?
A:
Yes, ma’am.
Q:
Do you have any proof that you entered into a contract with a funeral parlor for your son’s burial?
A:
Yes, ma’am.
Q:
I am showing to you this document, please tell this Honorable Court what this document is all about.
A:
This is the contract with the funeral parlor.
ATTY. RESSURRECCION: May we request that this be marked as exhibit E. Q:
You said your son died, do you have any proof that your son died?
A:
There is a death certificate.
Q:
I am showing to you this document, please tell his honorable court if this is the death certificate of your son.
A:
Yes ma’am, this is the one.
ATTY. RESSURRECCCION: May we request that this be marked as exhibit F.
12
Q:
You said your son was working at the time of his death?
A:
Yes, ma’am.
Q:
How much was he receiving?
A:
P120.00 a day, ma’am.
Q:
To whom does he turn over the money he earns?
A:
To me, ma’am.
Q:
How old was he when he died?
A:
35 to 36 years old, ma’am.
ATTY. RESSURRECCION: That would be all, your honor. COURT: Cross? Cross Examination - Rosita Perez. ATTY. CRUZ: At the time of your son’s death, what was his educational attainment? ANSWER: Elementary, ma’am. Q:
You prepared this document marked as exhibit D and identified as your list of expenses, am I correct?
A:
Yes, ma’am.
Q:
Where did you bury your son?
A:
In Bagbag, novaliches.
Q:
Is that place near where you live?
A:
It is quite far, ma’am.
ATTY. CRUZ : That is all your Honor. OFFER OF EVIDENCE BY THE PROSECUTION
13 PROS. (Enee): J:
No further witness for the prosecution, YH. Alright, make your offer of evidence.
PROS. (Enee)
With the permission of the Honorable Court. YHP, the prosecution offers in evidence the following documentary exhibits: EXH. A.
MEDICO LEGAL REPORT NO. M-1827-00 from the Philippine National Police Crime Laboratory Service National Capital Regional Unit CPD Station 4, EDSA, Kamuning, Quezon City
EXH. A-1
The Signature of Dr. Dario L. Gajardo on the Medico Legal Report
EXH. A-2
The Cause of the Death indicated in the Medico Legal Report
Exhibits A, A-1, and A-2, YH, are being offered in evidence to prove the fact and cause of death of the victim in this criminal case,YH, which have been duly admitted by the defense during the pre-trial together with the admission of the genuineness and due execution of Exhibit A, YH. EXH. B.
POLICE INVESTIGATION REPORT dated 27 Nov 2000 Subscribed and sworn to before Assistant City Prosecutor Elicio B. Lofranco
EXH. B-1
Signature of Witness, Ramon Perez on the Police Investigation Report
Exhibits B and B-1, YH, are being offered in evidence to prove the investigation made by the police of the crime and in support of the testimony of the witness during the trial in connection with the circumstances of the crime. EXH. C.
Page 1 of the LETTER OF REFERRAL to the Police with the Quezon City Prosecutor’s Office
EXH. C-1 Page 2 of the LETTER OF REFERRAL Exhibits C and C-1, YH, are being offered in evidence to prove the fact of referral by the police upon its investigation to the Office of the Assistant City Prosecutor for purposes of filing formal criminal charges against the accused, YH. Exhibits C and C-1 have been duly admitted by the defense during the pre-trial as to its existence, YH. EXH. D
HANDWRITTEN LIST OF EXPENSES prepared by the mother of deceased victim Mrs. Rosita Perez
EXH. E
CONTRACT OF FUNERAL SERVICES for the deceased Rudy Perez y Salazar with the funeral parlor
14 Exhibits D and E, YH, are being offered in evidence to prove the total expenses incurred by the family of the victim in connection with the interment and burial of the deceased. EXH. F
CERTIFICATE OF DEATH of deceased victim Rudy Perez y Salazar
Exhibit F is being offered in evidence to prove the fact of death of the victim, YH. That is all for the prosecution, YH. The prosecution now rests its case. DEFENSE’S PRESENTATION OF EVIDENCE Direct Examination – Max Salvador ATTY. CRUZ: The defense would like to call its first witness, the accused, Max Salvador. COURT: Swear in the witness. BAILIFF: (To the witness who was called to the stand) Please remaining standing and raise your right hand. DO YOU SWEAR TO TELL THE WHOLE TRUTH AND NOTHING BUT THE TRUTH IN THE TESTIMONY YOU ARE ABOUT TO GIVE IN THIS TRIAL? WITNESS: Yes, I do. BAILIFF: (To the witness) Please be seated and state your name, age and other personal circumstances. WITNESS: My name is MAX SALVADOR, 34 years old, married, and residing at the MMTC Compound, North Avenue, Quezon City. ATTY. RESURRECCION: Your Honor please, we would like to ask for the exclusion of other witnesses for the defense. COURT: All right, place on record that the other defense witness was asked to step out of the courtroom. Proceed. ATTY. CRUZ:
15 Your Honor please, the defense would like to offer the testimony of the witness, Max Salvador, the accused in this case, to prove that he did not kill the deceased, Rudy Perez y Salazar, and that he had no motive to kill the said victim. COURT: Proceed. ATTY. CRUZ: Your Honor, may I please approach the witness? COURT: All right, you may approach the witness. ATTY. CRUZ: QUESTION: Mr. Salvador, can you recall where you were on 15 Nov. 2000 at on or about 5:00 in the afternoon? ANSWER: Yes, Ma’am. I was at the house of Mr. and Mrs. Antonio Sia at 171 Melchora Aquino St., Tandang Sora, Quezon City. Q:
What were you doing at Mr. and Mrs. Sia’s house?
A:
My family and I used to reside there. At that time, their house was being renovated. The Sia’s took me in as caretaker, and they allowed my family to stay there too.
Q:
Were you with anyone then?
A:
Yes, Ma’am. My family was there, as well as three of my co-workers from MMTC, where I am working as a bus driver.
Q:
Who were these co-workers?
A:
Mario Castro, Eddie Galvez and Romy Torres.
Q:
What were they doing in your house?
A:
Mario accompanied Eddie and Romy to my house because the two were scheduled to join the cursillo movement, of which I am a leader, on 15-18 Dec. 2000.
Q:
While you were inside the house, can you recall anything unusual that happened at on or about 5:00 in the afternoon of 15 Nov. 2000?
A:
Yes, Ma’am. While we were inside the house having snacks, we heard shouts coming from outside, some distance away from the house, followed by about four (4) gunshots.
Q:
When you heard the shouts and the gunshots, what did you do?
16 A:
I went out of the house to find out what the commotion was all about. I peered through the gap in the fence where the gate is supposed to be installed, but was not yet installed at that time. When I saw no one, I turned around and headed back to the house. But I was only able to take a few steps when I felt a hard object hit the right side of my head, where my ear is, as if someone threw it from behind me.
Q:
Then what happened?
A:
I lost consciousness Ma’am. The next thing I knew, I was lying on the ground. I felt dizzy, so I just stayed there for a while. When I felt more stable, I stood up and walked back to the house.
Q:
Were you able to determine what kind of hard object hit you?
A:
Yes, Ma’am. When I regained consciousness, I saw a broken piece of hollow block beside me.
Q:
You said that the Sia’s house were under renovation then. How can you be sure that the piece of hollow block you saw was the hard object which hit you and not a debris from the construction?
A:
At that time, the major constructions were already finished. There were no more hollow blocks being used. I should know, Ma’am, because I was taken in by the Sia’s as caretaker precisely so that I can oversee the materials, to make sure that they are not lost or stolen.
Q:
I see. Then what happened when you got back in the house?
A:
I told my family and co-workers that I was hit on the head with a hollow block, but I was not able to see who did it because I lost consciousness. I told them that I would go see Mr. and Mrs. Sia at their house in Karuhatan, Valenzuela to report the incident.
Q:
Did you go see the Sia’s alone?
A:
My co-workers went with me as far as Muñoz, Quezon City. They wanted to accompany me to Valenzuela, but I told them that since it was getting late, they better go home already. So, from Muñoz I proceeded to Valenzuela alone.
Q:
Were you able to see Mr. and Mrs. Sia?
A:
Yes, Ma’am. I told them about the incident. When they learned that I was hurt, they brought me to Fatima Medical Center for treatment. After which, they told me to return home, and that they would send a security guard there. They were worried that someone wanted to enter their premises, possibly to steal the construction materials.
Q:
Now, in this Letter Request to the Honorable City Prosecutor of Quezon City, signed by Senior Inspector Gregorio De Guzman, which has been pre-marked as Exhibit “C”, it is stated here on page two (2), par. 2, that “the accused Salvador went into hiding.” What can you say about this?
A:
That’s not true, Ma’am. I did not go into hiding. In fact, I just stayed home a few days after the incident, as I was recuperating from my wound.
17
Q:
It is also stated in the same Letter Request that “with the intercession of his relatives, accused Salvador surrendered to PO3 Pablo Borjal at about 3:30 p.m. on 26 Nov. 2000 at Camp Capinpin, Tanay, Rizal, and was brought to the SID for investigation and proper disposition.” What can you say about this?
A:
That is also not true, Ma’am. I did not surrender at Camp Capinpin. The truth was it was only after about a week from 15 Nov. that I learned from my neighbors that I was a suspect in a killing.
Q:
Upon learning of such, what did you do?
A:
I was confused at that time, Ma’am. I thought that there I was, wounded myself and now a suspect in a killing. But after a while I came to a decision. I decided to go see Mr. and Mrs. Sia. I told them that I was a suspect in a killing, and that I wanted my name cleared. Mr. Sia then accompanied me to the police station in Sangangdaan, Novaliches.
Q:
When did this happen? When did you go to the police station?
A:
On 26 Nov. 2000, Ma’am.
Q:
Then what happened in the police station?
A:
The policemen told me that I was the one who killed a certain Rudy Perez, and that it would be best if I admit such fact.
Q:
And did you admit having killed Rudy Perez?
A:
No, Ma’am. I told them that I did not know anything about the killing of Perez, and that I would get a lawyer to defend me.
Q:
Then what happened?
A:
The policemen placed me inside the jail. They told me that I could only be released if I posted bail.
Q:
In the affidavit executed by Ramon Perez, brother of the deceased, he said that while you were in jail, he identified you as his brother’s killer. What can you say about that?
A:
I do not know if he really had pointed to me while I was in jail because I do not recall ever seeing him there.
Q:
Were you released from jail, Mr. Salvador?
A:
Yes, Ma’am, after posting bail.
Q:
When were you released?
A:
If I am not mistaken, Ma’am, that was on 12 Dec. 2000.
Q:
After being released from jail what did you do?
18
A:
I went home, Ma’am. Then I asked around from my neighbors about the person of this Rudy Perez, and why I was being implicated in his killing.
Q:
Why did you ask around about the person of Rudy Perez?
A:
Because I do not know who he was, yet I was being suspected of having killed him.
Q:
Mr. Salvador, you testified earlier that on or about 5:00 in the afternoon of 15 Nov. 2000, you were in the house of Mr. and Mrs. Sia at 117 Melchora Aquino Road, Tandang Sora, Quezon City. Is that right?
A:
That’s right, Ma’am.
Q:
Now, the prosecution witness, Ramon Perez, testified that his brother, Rudy Perez, was shot by a man, whom he later identified as you, Mr. Salvador, from a barong-barong next to the house he was watching at Banlat Road, Tandang Sora, Quezon City. Do you know where this Banlat Road is?
A:
Yes, Ma’am.
Q:
How far is Banlat Road from the Sia’s house at Melchora Aquino Road?
A:
About 150-200 meters away.
Q:
Can you make a sketch showing the location of the Sia’s house and its distance to Banlat Road?
A:
Yes, Ma’am.
(Atty. Cruz gives a bond paper to the witness, who proceeds to sketch.) COURT: Place on record that the witness has been furnished with a bond paper by counsel and is now preparing a sketching in response to the question. ATTY. CRUZ: (After witness is through sketching and hands the bond paper back to Atty. Cruz) Your Honor please, may we request that this sketch prepared by the witness be marked as Exhibit “1”. COURT: Mark it. ATTY. CRUZ: Your Honor please, we would also like to have the following be marked: The street described as Tandang Sora as Exhibit “1-A”; The street described as Banlat Road as Exhibit “1-B”; The street described as Melchora Aquino St. as “1-C”; and
19
The house, including the description of its distance from Banlat Road, as Exhibit “1-D”.
COURT: All right, make the markings. ATTY. CRUZ: Thank you, Your Honor. Nothing further. Cross examination– Max Salvador ATTY. RESURRECCION: QUESTION: Mr. Salvador, when the police investigated you in connection with the killing of Rudy Perez, did they ask you about your personal circumstances, like your address? A:
Yes, they did.
Q:
And what address did you give to the police?
A:
171 Melchora Aquino St., Tandang Sora, Quezon City.
Q:
But according to the police record, when asked about your current address, you said that it was at 171 Banlat Road, Tandang Sora, Quezon City. Do you know where the police got that address?
A:
I do not know, sir.
Q:
You also testified earlier that you were taken in by the Sia’s to watch over the construction materials used in the renovation of their house. Is that right?
A:
Yes, sir.
Q:
Were you provided with a firearm in connection with the work you performed for the Sia’s?
A:
No, sir.
Q:
But were you not employed as a security guard by the Sia’s?
A:
No, sir. I was merely a caretaker. In fact, that was just my sideline. I have a regular job at the MMTC as a bus driver.
Q:
So you were not employed as a security guard by the Sia’s?
ATTY. CRUZ: Objection, you Honor. The witness has already answered that question. COURT: Sustained.
20
Q:
It is indicated in the police record under your occupation – Security Guard. Are you telling this Court that the police not only stated the wrong address but also the wrong occupation?
A:
Yes, it would seem that way, sir.
Q:
Now, in your testimony you stated that at on or about 5:00 p.m. of 15 Nov. 2000, while you were inside the Sia’s house, you heard shouts and several gunshots. Is that correct?
A:
Yes, sir.
Q:
And these shouts alarmed you that was why you went out of the house?
A: Q:
I did not come out of the house when I heard the shouts. It was only after I heard the last gunshot that I went out. How far out did you go?
A;
As far as the gate, sir.
Q:
What did you do then?
A:
I looked around to see if anyone was there, but I saw no one.
Q;
This was around 5:00 in the afternoon, and you would have seen if anyone was near you, would you not?
A:
Yes, sir.
Q:
You testified that when you were on your way back to the house, you have just taken a few steps when somebody hit you on the head with a hard object. Which part of the head were you hit?
A;
On the right ear, sir.
Q:
Did you know who hit you?
A:
No, sir.
Q:
Why is that?
A:
I did not see anybody, sir.
Q:
So, you said that somebody hit you on the right ear, yet you did not see anyone there?
A:
After receiving the blow, I felt dizzy, my vision blurred, then I lost consciousness.
Q:
Were you injured as a result of that blow?
A:
Yes, sir.
Q:
Did you go to any clinic or hospital to have your injuries treated?
21
A:
Yes, sir. I was treated at Fatima Medical Center.
Q:
Where is this Fatima Medical Center?
A:
At Karuhatan, Valenzuela.
Q:
You were injured in Tandang Sora, Quezon City, and you had to go all the way to Valenzuela to have your injuries treated?
ATTY. CRUZ: Objection, your Honor. Where the witness had his injuries treated is irrelevant. COURT: Sustained. In case the Court overrules: A:
I went to the hospital after I reported the incident to the Sia’s in their house at Karuhatan, Valenzuela. It was they who brought me to Fatima Medical Center.
Q:
Did you report to the police about your being hit by somebody on the head?
A:
No, sir.
Q:
In fact, the injuries you sustained were only slight, as you were released immediately from the hospital on the same night that you were treated. Is that right?
A:
Yes, sir.
Q:
Did you not testify that you were hit by a hollow block?
A:
Yes, sir.
Q:
How did you know that it was a hollow block that hit you?
A:
As I said, I lost consciousness, and when I woke up, I saw broken a broken piece of hollow block beside me.
Q:
But you did not actually see somebody throw the hollow block at you, did you?
A:
No, sir. The hit came from behind me.
Q:
After you were hit, did you call on your companions inside the house to help you?
A:
No, sir. I felt dizzy and did not have the energy to call for help. I passed out a few seconds after.
Q:
Now, Mr. Salvador, did you voluntarily surrender to the authorities after learning that you were a suspect in the killing of Rudy Perez?
22 A:
Yes, sir.
Q:
When did you surrender?
A:
On 26 Nov. 2000.
Q:
So, it took you about eleven (11) days from the incident to voluntarily surrender. Why is that?
A:
Because I did not learn that I was a suspect until after about a week.
Q:
From whom did you learn that you were a suspect in the killing of Rudy Perez?
A:
From my neighbors, sir.
Q;
So, it took about a week for this information to reach you. Were you always away from your house, Mr. Salvador?
A:
No, sir.
Q:
In fact, you testified that you stayed in your house recuperating from the injuries you sustained. Is that correct?
A:
Yes, sir.
Q:
What was the reason for your surrender?
A: Q:
I wanted to clear my name, sir. Where did you surrender?
A:
At Precinct 2 in Sangangdaan, Novaliches.
Q:
Did you give any statement to the police?
A:
No, sir.
Q:
You wanted to clear your name, yet you did not give any statement to the police?
A:
I was immediately informed at the police station that I was the suspect in the killing of Rudy Perez. They made me admit that I was the one who killed Perez, but I refused. When I told them I wanted to see a lawyer, they locked me up in jail and was not released until I posted bail.
ATTY. RESURRECCION: I have no more questions, your Honor. ATTY. DE VENECIA: Our next witness, your Honor, is Mr. Mario Castro. COURT:
23 Swear in the witness. INTERPRETER/ BAILIFF: (To the witness in the witness stand.) Please raise your right hand. Do you swear to tell the truth, the whole truth and nothing but the truth to the testimony that you are going to give? WITNESS: Yes, I do. INTERPRETER: Please state your name, age and address and other personal circumstances. WITNESS: MARIO CASTRO, 38 years old, married, bus driver and residing at Phase 9, Package 7, Block 25, Lot 32, Bagong Silang, Kalookan City. ATTY. PALMA GIL: May I move for the exclusion of the said witness. ATTY. DE VENECIA: Your Honor, we offer in evidence the testimony of witness Mario Castro to corroborate the testimony of the defense’s witness Max Salvador. COURT: Proceed. Direct Examination – Mario Castro ATTY. DE VENECIA: Mr. Witness, you said that you are a bus driver. What company are you connected with? ANSWER: MMTC, ma’am. Q-
For how long have you been working with MMTC?
A-
Almost two (2) years now.
Q-
On November 15, 2000 at about 5:00 in the afternoon, do you remember where you were?
A-
Yes.
Q-
Can you tell us where you were exactly during that time?
24
A-
I was at the house where Max Salvador was staying.
Q-
Do you know where that house was located?
A-
As far as I know, the place is at Tandang Sora.
Q-
Have you ever gone to that place you just mentioned, prior to November 15, 2000?
A-
Yes, ma’am.
Q-
Do you remember how many times you have gone to that place, prior to November 15, 2000?
A-
Twice, ma’am.
Q-
You said that on November 15, 2000, at about 5:00 in the afternoon, you were at the house of Max Salvador. Why were you there?
A-
I went to the place of Max together with two (2) others because Max is a leader in the cursillo movement and we had intended to help these two (2) persons to enter the class of cursillo and he is the only one who could do that.
Q-
When are they supposed to enter the cursillo?
A-
December 15 to 18, which was the schedule for cursillo classes.
Q-
You mentioned two (2) companions. Can you remember the names of your two (2) companions?
A-
Yes, but I only remember their family names.
Q-
Can you tell this Court the family names of those people you mentioned?
A-
Galvez and Torres, ma’am.
Q-
Now, while you were at the place of Salvador on November 15, 2000 at about 5:00 pm, do you remember any unusual incident that occurred at that particular time?
A-
Yes, ma’am.
Q-
Can you tell this Honorable Court what that was?
A-
While we were inside the house having our snack, we heard commotions outside. There was shouting and then we heard several shots.
Q-
When you heard the shouting and several shots, where was Salvador?
A-
He was inside the house with us, ma’am.
Q-
After you heard the shouting and the shots, what happened?
25
A-
Salvador went out.
Q-
What happened after Salvador went out?
A-
After he went out, he ran back inside the house. When he returned, his ear was already bleeding.
Q-
Do you remember what did Salvador do when you saw his ear with blood?
A-
Yes, ma’am.
Q-
What did he do?
A-
He wiped the blood on his ear and then he changed his clothes. Then he said he was going to the house where he was staying.
Q-
What happened after that, if any?
A-
We went out with him and rode together up to Munoz.
Q-
What do you mean by rode together?
A-
We were in the same jeepney, up to Munoz.
Q-
What happened after?
A-
I went home, ma’am.
Q-
Did you and Salvador talk with or see each other on the same day, right after you parted in Munoz?
A-
No, ma’am.
ATTY. DE VENECIA: That is all for the witness, your Honor. COURT: Cross? ATTY. PALMA GIL: With the kind permission of the Honorable Court. COURT: Proceed. Cross Examination – Mario Castro ATTY. PALMA GIL: Mr. Witness, who told you to testify in this case?
26
A-
The wife of Salvador requested me to testify. This is because we were actually in the house at the time of the incident, ma’am.
Q-
When did she tell you that you will be testifying on this case?
A-
I think five (5) days ago.
Q-
You know for a fact that Salvador moonlight as a guard at the residence located at 171 Banlat Road, don’t you?
A-
Yes, ma’am.
Q-
From whom did you come to know that there will be a cursillo on December 15 to 18?
A-
From Salvador, ma’am.
Q-
When did he tell you?
A-
I don’t remember the date, ma’am.
Q-
Was it before November 15, 2000?
A-
Yes, ma’am.
Q-
After November 15, 2000, did you see Mayungi and Torres again?
A-
Yes, ma’am.
Q-
Did they enter the cursillo?
A-
No. They were not able to enter the cursillo.
Q-
Do you know the reason why they were not able to enter the cursillo?
A-
I think the cursillo did not push through because Salvador encountered some problems. In fact, he did not report for work quite sometime.
Q-
What was supposed to be the role of Salvador for the cursillo to be held on December 15 to 18?
A-
I think he is in-charge of the people who undergo the cursillo.
Q-
You mean you do not know what his role was?
A-
Well, what I know is that we cannot just leave the cursillo. Whenever we need something to buy, he is the one who would buy it.
Q-
You were the one who brought Mayungi and Torres to Salvador, were you not?
A-
Yes, ma’am.
27
Q-
So you were supposed to be the sponsor, am I correct?
A-
Yes, ma’am.
Q-
Considering that you are supposed to be their sponsor, did you not try to meet them before or on the day or on the opening day of the cursillo?
A-
Salvador would have only enrolled them, ma’am.
Q-
(Pia raises voice) Yes, but as sponsor, you know that you are responsible for their acceptance in the cursillo, don’t you?
A-
Yes, ma’am.
Q-
(Pia raises voice - a tone higher..hehehe)And from the day that you brought these two (2) persons to Salvador, you did not even try to get in touch with them up to the day of the cursillo?
ATTY. DE VENECIA: Objection, your Honor. Badgering the witness! ATTY. PALMA GIL: Your Honor, I am trying to establish the impossibility of absence of any contact with Mayungi and Torres considering the witness was their sponsor. (If overruled, witness proceeds with A- I was not able to attend...) (If sustained, ATTY. PALMA GIL proceeds with Q- Why did you accompany…) A-
I was not able to attend to them anymore because I was working most of the time.
Q-
Then why did you accompany them to Salvador and consent to be their sponsor if that was the case?
A-
When Salvador mentioned to me that if knew of people interested to enter the cursillo, I told him I can bring a few to him.
Q-
A moment ago, you said that you were the sponsor of Mayungi and Torres. As such, you are supposed to know the responsibilities thereof, am I correct?
A-
Yes, ma’am.
Q-
What are these responsibilities?
A-
To help people who are interested to enter the cursillo movement, ma’am.
Q-
When you say “help,” this includes making sure that these people reach or arrive at the cursillo house on the opening day, as planned, does it not?
A-
Yes, ma’am.
Q-
After November 15, 2000, when did you first see Salvador?
28
A-
Less than a month after, ma’am.
Q-
Where did you see him?
A-
At the garage, ma’am.
Q-
Did you ask him if he has enrolled Mayungi and Torres?
A-
No, ma’am.
Q-
Did you ask him if the cursillo will proceed?
A-
No, ma’am.
Q-
Despite the fact that you were the sponsor of the two (2) persons you accompanied to the place of Salvador, you did not ask him if the cursillo will proceed.
ATTY. DE VENECIA: Objection, your Honor. Question already asked. (If overruled, witness proceeds with A- No, ma’am.) (If, sustained, ATTY. PALMA GIL proceeds to Q- When you met him…) A-
No. ma’am.
Q-
When you met him at that time, did he mention about any case being filed as a result of the incidents on November 15, 2000?
A-
No, ma’am.
ATTY. PALMA GIL No further questions, your Honor. OFFER OF EVIDENCE BY THE DEFENSE DEFENSE (Homer): J:
No further witness for the prosecution, YH.
Alright, make your offer of evidence.
DEFENSE (Homer)
With the permission of the Honorable Court. YHP, the defense offers in evidence the following documentary exhibits:
EXH. 1 EXH 1-A EXH 1-B EXH 1-C EXH 1-D
Sketch prepared by the Accused during his direct testimony showing the distance of house to the main road Banlat Road, Tandang Sora, Quezon City Description of Tandang Sora Street Banlat Road Melchora Aquino Street Description of the house and the distance to Banlat Road
29 EXH 1-E EXH 1-F
Location of the house and gate Place where the Accused was standing
YH, these exhibits are presented and offered in evidence for the following purposes: 1. To establish the actual situation of the vicinity where the alleged incident took place to guide this Honorable Court in ascertaining the truth; 2. To prove that the house under construction where the Accused and his family actually stayed is actually located at Melchora Aquino Street, although the area is commonly called as Banlat Road; 3. To establish the distance between the house under construction and the main road Banlat Road; 4. To prove that the vicinity being surrounded by squatters, there is truth to the contention of the defense that another person not the Accused actually killed the victim Rudy Perez; 5. To form part of the testimony of the Accused. EXH. 2
MEDICAL CERTIFICATE of Accused issued by Fatima Medical Center YH, this exhibit is being offered in evidence to prove the following: 1. To prove that the Accused was actually hurt on November 15, 2000 and was treated at Fatima Medical Center; 2. To form part of the testimony of the Accused.
That is all for the defense, YH. The prosecution now rests its case. J:
Alright, are the parties willing to consider the case submitted for resolution?
P/D:
Yes, YH.
[Judge will make ruling, kung feel nya!]
