PROSECUTION Pros: Good morning, Mr. Witness. How are you today?

Presentation of Witness1 by the Prosecution Witness:

Court/Judge: Call the case. Pros: Do you know why you are here today?

Interpreter: For hearing, Criminal Case No. 123456, Witness: I’m here to testify against the defendant
People of the Philippines vs. Victor Maeskapo for Victor Meskapo.
GRAVE THREATS.
Pros: Do you remember having executed a judicial
Court: Appearances. affidavit on ___________, 2018?
Witness: Yes.
Prosecutors: For the government, your honor.
Pros: If I were to show you this judicial affidavit,
Defense Counsels: For the defense. would you able to recognize it?

Court: Ready? Witness: Yes.

Prosecutor: Ready, your honor. Pros: I am showing to you the this judicial affidavit
entitled JUDICIAL AFFIDAVIT OF GEORGE
Court: Call the Witness1 to the stand. GINTARHOG. What is the relation this judicial
affidavit to the one you executed?
Prosecutor: May I call on Mr. George Gintarhog to the
stand. Witness: It is one and the same.

Court: Swear the Witness1. Pros: On the page 3 of this judicial affidavit there is a
signature on top of the name of George Gintarhog.
Interpreter: Do you swear to tell the truth, all the Whose signature is this?
truth and nothing but the truth in this case?
Witness: It is my signature.
Witness1: Yes, Ma’am.
Pros: On the same page there is a signature on top of
Court: Please state your name. (Ano it im ngaran?) Atty. ____________’s name. Can you identify whose
signature this is?
Witness1: [states his name]
Witness: It is the signatue of Atty. ___________.
Court: Your age. (Imo edad?)
Pros: How did you know that it is his signature?
Witness1: [states his age]
Witness: This judicial affidavit was signed by Atty.
Court: Status (Single ka ba or kinaslan na?) ______ in my presence.
Witness1: [states his status] Pros: Your honor, let this judicial affidavit be marked
as exhibit “__” Also, let the signature on top of George
Court: Your address. (It imo address)
Gintarhog’s name be marked as exhibit “__” and the
signature on top of Atty. __________’s name as exhibit
Witness1: [states his address]
“__”.
Court: What is your occupation? (Ano it im trabaho?)
Pros: Thank you, Mr. Witness. No further questions.
Witness1: [states his occupation]
-Cross-examination of Witness 1-
Court: Your Witness1.
DC: You are a resident of Peerless Village, Tacloban
Prosecutor 1: Thank you, your honor. The Witness is City. Is this correct?
being presented to testify on the fact that the accused, (Taga-Peerless Village, Tacloban City. Eksakto ba?)
out of nowhere, on the evening of [insert date here],
verbally threatened the life of said Witness1 without Pros: Objection.
any reason. As such, he is here to prove the guilt of Witness: Yes.
the accused. May we proceed, your honor?
DC: Do you know a certain Victor Maeskapo?
Court: Proceed. (May kilala ka ba na Victor Maeskapo?)
Witness: Yes.

-Direct Examination Witness 1- DC: Do you reside in the same barangay?

(Naukoy ba kamo ha parehas na barangay?)
JANN Witness: Yes.
 lighted? (Mr. Witness, puydi mo ba sumatan it korte
DC: Are you neighbors? kun an karsada na imo gintutkdawan hadto nga gabi
(Mag-amyaw kamo?) kay masilaw?)
Witness: Not exactly neighbors, but we live along the
same street, end-to-end. (Baga diri gud pero ada la Witness1: Yes.
kami ha parehas na karsada, dulo hasta dulo.)
DC: Okay, let me confirm this: the street was well-
DC: You said that you passed by Aling Maria’s store on lighted but you were not able to turn your head when
the 20th day of September 2018 around 8’oclock in someone pointed a gun at your head? Is that it?
the evening. Is that correct? (Kukumpirmahon ko la: An karsada na imo
(Nasiring ka na umagi ka ha tindahan ni Aling Maria gntutukdawan kay masilaw pero diri ka la gihap
han ika-20 han Setyembre 2018) nakalingi han mayda nagtutok hin pusil haim. Asya
Witness: Yes. na?)

DC: When you passed by, were there other people Witness1: Yes.
there? (Han imo pag-agi, mayda ba ngadto iba na
tawo?) DC1: Then you are also not sure if it was indeed a gun
pointed at your head? (So diri ka gihap sigurado kun
Witness1: Yes. pusil man gud an igintutok haim ulo?)

DC: Did you know those people? (Nakilala ka man Witness1:

adto ha ira?)
DC: Is it true that you saw Mr. Maeskapo from your
Witness1: Yes. peripheral vision?
(Tuod nga nakita mo hi Mr. Maeskapo ha ligid han
DC: Who were they? Were they your neighbors? (Hino imo pangitaan?)
hira? Mga amyaw mo gihap?) Witness: Yes.

Witness1: Yes. DC: Now Mr. Witness, are you certain that it was Mr.
Victor Maeskapo who was holding a gun at your
DC: Did you see Victor Maeskapo there? head?
(Nakit-an mo ba hi Victor Maeskapo didto?) (Sigurado ka ba nga hi Mr. Maeskapo adto?)
Witness: Not at first but I suddenly felt a gun…(Waray Witness: Yes, ma’am.
anay han katikangan pero nakaabat nala ak hin pusil)
DC: You mean to say then, that you couldn’t turn
DC: Witness, the question is answerable only by yes around to see who was holding the gun and yet you
or no. saw Victor Maeskapo at your peripheral vision? (Imo
Witness: Yes. karuyag signgon nga bisan diri ka nakakalingi para
pagkita kun hino an nakapot han pusil, nakakita ka la
DC: Is it true that someone held you at gunpoint? gihap kan Victor Maeskapo dida han ligid han im
(Tuod ba na may nagtutuk hin pusil haim ulo?) pangitaan?)
Witness: Yes.
Counsel: No further questions, Your Honor.

DC: Didn’t you feel it when someone crept behind

you? (Waray ka manla makaabat na mayda na ngean
nakada han imo luyo?) JANN
-Re-direct examination of Witness 1-
Witness1: No.
Pros: Mr. Witness, do you have any eye problem? (Mr.
Witness, mayda ka ba problema ha im mata?)
DC: You said in your judicial affidavit that you were
paralyzed when you felt a gun at the side of your
head. Right? DC: Objection, Your Honor. The question is irrelevant.
(Nasiring ka nga waray ka makag-liya han may
tumutok hin pusil ha ligid han imo ulo. Asya ba?) Prosecution: Your Honor, I am trying to establish the
Witness: Yes. fact that Mr. Gintarhog could perfectly see Mr.
Maeskapo even without turning his head or moving
DC: So you could not turn your head to see who was his eyes.
holding the gun. Is that correct?
(Waray ka makalingi para pagkita kun hino an Judge: [rules on the objection]
nakapot han pusil. Amo ba?)
Witness: Yes. Witness: Not that I know of. (Ha ak pagkakahibaro,
waray man.)
DC: Now, Mr. Witness, can you tell the court if the
street where you were standing on that night, well-
Pros: Mr. Witness, how far was Mr. Maeskapo when possible that he will always have drinking sessions
he held you at gunpoint? (Gaano kaharayo hi Mr. with his buddies because he has work and more
Maeskapo han gintutukan ka niya hin pusil?) importantly, he has a reputation to uphold? (So
masang-ayon ka ha ak nga mahintungod na pulis hi
Witness: I think he was about 1 foot away from me. Mr. Maeskapo, diri iton posible nga pirmi hiya
nakikig-irignom haiya kasangkayan kay mayda nya
Prosecutor: Can you show me how far is 1 foot? trabaho tas labi na nga mayda niya reputasyon nga
(Pwede mo ipakita ha akon kun ano kaharayo it usa dapat bantayan?)
ka-_________?)
Witness1: Yes?
Witness: *Witness points
DC: You also said earlier that Mr. Maeskapo was
Pros: I am going to show you a series of images. having a drinking session with his friends that night
Please tell me what each image shows. when he pointed a gun at your head. Would you agree
with me that his friends who were there could have
Witness: Okay. *Witness identifies witnessed the incident? (Nayakan ka kanina nga hi
Mr. Maeskapo nakig-inom upod iya mga kasangkayan
Pros: Your Honor, I respectfully move that it be put on han gabi nga gintutukan ka niya hi pusil ha ulo.
record that the witness was able to correctly identify Masang-ayon ka ba haak nga an iya mga sangkay na
the images shown to him. nakadto kay nakakita gihap han panhitabo?)
Judge: [rules on the motion] Witness1: Yes.
Pros: What was Mr. Victor Maeskapo doing at Aling DC: And yet no one came to your aid when Mr.
Maria’s store? Maeskapo threatened you? (Pero waray man la may
(Nagaano h Mr. Victor Maeskapo ha tindahan ni Aling bumulig ha imo han gintarhug ka ni Mr. Maeskapo?)
Maria?)
Witness: He was having a drinking spree with his Pros: Objection, counsel is testifying.
friends. (Nag-iinom hiya upod han iya mga sangkay)
DC: No, your honor. I am merely clarifying the
Pros: How often do you see him there? circumstance surrounding the alleged incident.
(Pirmi mo ba hiya nakikita didto?)
Witness: I always see him at Aling Maria’s store (If the objection is overruled, witness answers:.)
having drinking sessions with his friends. (Pirmi ko
hiya nakikita han tindahan ni Aling Maria nga nag- Witness1: Yes.
iinom upod hit iya mga sangkay.)
DC: So you mean to say that all the other people who
Counsel: Thank you, Mr. Witness. No further were with Mr. Maeskapo during the drinking session
questions. just suddenly disappeared? (So imo karuyag signgon
nga an tanan nga mga upod ni Mr. Maeskapo han ira
pag-irignom kay nagkawara la tigda?)
-Re-cross examination of Witness 1-
Pros: Objection again, your honor. Counsel is
DC: Mr. Witness, you said that you always see Mr. assuming facts.
Maeskapo at Aling Maria’s store having drinking
sessions with his friends, yes? (Mr. Witness, nayakan DC: The defense respectfully would only like to
ka nga pirmi mo nakikita hi Mr. Maeskapo ha ascertain the narrative of the complainant.
tindahan ni Mana Maria nga nakikig-irignom haiya
kasangkayan, Asya na?) Court: rules

Witness1: Yes. DC: After he threatened you, did he just leave?

(Katapos niya panarhog haimo, lumakat la hiya
DC: And by always, do you mean everyday? Or only at dayon?)
the chance that you are at the store? (Pirmi, karuyag
signgon mo ba nga kada adlaw? O kun nasasakto la Witness1: Yes.
kun sano aadto ka gihap ha tindahan?)
DC: And did you not see him clearly or the direction
Witness1: No, but-- that he went off to after that? (Tas waray ka kumita
haiya o kun nag-tikain hiya katapos hadto?)
DC: Did you know that Mr. Maeskapo is a police
officer? (Maaram ka ba nga pulis hi Mr. Maeskapo?) Witness1: No, I did not.

Witness1: Yes. DC: No further questions, Your Honor.

DC: And therefore, you would agree with me that Presentation of Witness 2 by the Prosecution
because Mr. Maeskapo is a police officer, it is not
Pros: May we call on our next witness, Maria Witness: It is my name and signature. (Akon in ngaran
Nakakita. ngan pirma)

Court: Swear the witness. Pros: The name and signature I am pointing has been
admitted by the accused as his name and signature
Interpreter: Do you swear to tell the truth, all the and is marked as Exhibit “___. No further questions.
truth and nothing but the truth in this case?
Xxx Cross Examination xxx
Witness: Yes Ma’am.
DC: You said that a video was taken of the incident.
Court: Please state your name. (Ano it imo ngaran?) Yes? (Nagsiring ka nga mayda video han nahitabo.
Tama?)
Witness: I am Maria Nakakita (Ako hi Maria Nakakita)
Witness: Oo. (Yes)
Court: Your age. (Imo edad?)
DC: Was it you who took the video? (Ikaw ba an
Witness: 35 years old nagvideo?)

Court: Are you single or married? (Single ka ba o Witness: Yes

kinaslan ka na?)
DC: Okay. In taking the video, you used your phone. Is
Witness: Single that right? (Han pagvideo nimo, imo cellphone an
ginamit, asya na ba?)
Court: Your address (It imo address)
Witness: Yes.
Witness: Naukoy ako ha Blk. 23, Lot 5, Peerless
Village, Tacloban City, Leyte, Philippines (I live in Blk. DC: Miss Witness, the incident happened at 9 in the
23, Lot 5, Peerless Village, Tacloban City, Leyte, evening. Am I correct? (Ms. Witness, dida han alas
Philippines.) nuybe han gab-i an panhitabo asya na ba ak?)

Court: What is your occupation? (Ano it imo A: Yes

trabaho?)
DC: Therefore, you would also agree with me that it
Witness: I am a sari-sari store owner. (Tag iya ako hit could not have been possible to have taken a clear
usa ka sari-sari store) video of the incident? (Masang-ayon ka haak nga diri
posible na malinaw an kakuha han video han
Court: Your Witness. nahitabo?)

Pros: Your Honor, the Witness2 is presented to Pros: Objection Your Honor, speculative.
further prove and corroborate with the accused’s
testimony and defense. Court: rules

Court: Proceed. (If overruled, witness answers)

Xxx Direct Examination xxx A: No.

Pros: Do you remember executing a judicial affidavit DC: Miss Witness, do you know the specifications of
dated last ___________? (I: Nahinumdom ka na naghimo your mobile phone’s camera? (Ms. Witness, maaram
ka hin judicial affidavit dida han ika- ________ yana nga ka ba hit mga detalye kanan camera hit imo
tuig?) cellphone?)

Witness: Yes. A: Yes.

Pros: If I were to show you this judicial affidavit, DC: Okay. So you are also aware that the specs of your
would you be able to recognize it as the one I am phone is a huge factor in determining whether a clear
referring to? (Kun ipakita ko haimo ito nga judicial video of the incident was taken. Right? (So maaram ka
affidavit, makakilala ka ba na asya nak ginyayakan?) ba gihap nga it specs hit imo cellphone kay dako gihap
nga butang ha pagkita kun malinaw ba an video nga
Witness: Yes. nakuha?)

Pros: I am showing the accused the judicial affidavit Pros: Objection Your Honor, it calls for the witness to
he executed last November 24, 2018 marked as guess and speculate.
Exhibit “___”/ Would you please tell the Court whose
name and signature therein is found in page 2 of this Court: rules
affidavit?
(If overruled, witness answers)
A: Oo. (Yes) Witness: Yes

DC: Ms. Witness, it is stated here that you have an (Proceeds to identify George, Victor and other people
8MP camera that you used for taking the video. Is that who were drinking with Victor)
correct? (Ms. Witness, nakabutang didi nga 8MP
camera an imo ginamit pagkuha han video. Amo na?) Pros: Now tell me, Miss Witness. Is the person whom
you identified as Victor here in this courtroom today?
Witness2: Oo. (Yes.) (An imo gintudlok nga hi Victor, aadi ba ha korte
yana?)
DC: So Miss Witness, you are aware that the specs of
your 8MP phone cannot take a clear video of Witness: Oo (Yes)
anything, especially at night? (So, Ms. Witness,
maaram ka nga it imo 8MP nga camera kay diri Pros: Can you point to me where he is at the moment?
makakakuha hin sugad kalinaw nga video labi na kun (Puydi mo ba itudlok haak kun hain hiya dinhi?)
gab-i?)
(points at Victor Maeskapo)
Pros: Objection Your Honor. Again, the Counsel is
assuming facts. Pros: Thank you.

Court: rules (If the court overrules the motion to play the
video, start here)
(If overruled, witness answers)
Pros: Miss Witness, are you a permanent resident of
A: No Peerless Village, Tacloban City? (Ms. Witness,
permanente ka ba nga residente ha Peerless Village,
DC: No more questions, Your Honor Tacloban City?)

xxx Re-Direct xxx Witness: oo. (Yes)

Pros: Your Honor, we are moving that the video be Pros: How long have you been a resident of Peerless
played in Court. Village? (Gaano ka na kaiha nga naukoy ha Peerless
Village?)
Court rules
Witness: Mga kinse ka tuig na yana. Usa kami ha mga
(If sustained, proceed with this scenario) nauna nga pamilya nga nag-ukoy ngadto. (For about
15 years now. We were one of the first families who
Pros: Miss Witness, do you recognize this video? (Ms. lived in that area.)
Witness, nakakakilala ka ba hini nga video?)
Pros: You also said that you have a sari-sari store?
Witness: Yes (Nasiring ka gihap nga mayda ka tindahan?)

Pros: Who recorded this video? (Hino nagrecord hini Witness: Oo. (Yes)
nga video?)
Pros: Where is this located?(Hain man ini dapit?)
Witness: It was me. (Hi ako.)
Witness: Dida la hit amon libong la ngahaw. (Just
Pros: Can you explain to the Court how you were able within our lot)
to record this video? (Puydi mo ba igstorya ha korte
kun paano ka nakagkuha hini nga video?) Pros: Can you describe to me the structure of your
sari-sari store? (Puydi mo ba kami sumatan hit
Witness: Nakadto ak ha sakob han amon tindahan tas kabutang hit imo tindahan?)
tigda la nagkamayda rigumok ha gawas. Naggamit
man ak nak cellphone hadto nga oras asya pagkita ko Witness: It mon tindahan gutiay gadla pero tanan
kun ano an nahitabo, ginvideohan ko. (I was inside aadto na. Mga paninda, panakot, irimnon, tas iba pa.
our sari-sari store when suddenly a commotion (Our sari-sari store is just small but everything is
happened outside. I was using my phone at that time. there. Dry goods, condiments, beverages, liquors, and
When I saw what happened, I recorded it. ) all other things.)

Pros: Do you recognize the people in the video? Pros: Is your store well-lit? (Masilaw ba haim
(Nakakilala ka ba hit mga tawo nga ada ha video?) tindahan?)

Witness: Oo. (Yes) Witness: Oo. Masilaw hin duro ha sakob pati gihap ha
gawas. Nagbutang kami hin duha nga fluorescent
Pros: I have here still shots from the video you took. lamps ha gawas na alkoba para nakakita kami hin
Can you identify to me each person? (Puydi mo ba maupay hit mga napalit. (Yes. It’s very well-lit inside
itudlok haak kada usa ha ira?) and outside. We placed two fluorescent lamps at the
exterior alcove so that we can clearly see the people Witness: Taga-didto la gihap ha hirani hi Victor.
buying.) Nakilala ak haiya kay kaurugan hiya pumalit hin
irimnon haam tindahan. Nakikig-inom gihap hiya
Pros: Are there street lights near your place? (Mayda upod tam iba nga neighbor ha gawas hit am tindahan.
ba street light harani haiyo lugar?) (Victor also lives near our place. I know him because
he often buys liquor in our store. He also drinks with
Witness: Mayda. Mayda ngani street light na pira la some of our neighbors just outside our store.)
ka-pitad tikang ha am tindahan. (Yes. In fact, a
streetlight post is planted a few steps away from our Pros: Are you positive that it was Victor who pointed
store.) the gun at George at the said incident? (Sigurado ka
ba nga hi Victor an nagtutok hin pusil an George
Pros: Does that mean anybody can see clearly what is hadto nga sinisiring na insidente?)
happening outside your store? (Karuyag signgon,
madali makikit-an kun ano it nahihitabo ha gawas hit Witness: Oo. (Yes.)
iyo tindahan?)
Pros: Is Victor present inside the courtroom today?
Witness: Syempre gad. (Definitely yes.) (Aadi ba yana ha korte hi Victor?)

Pros: By the way, how long have you established your Witness: Oo. (Yes.)
sari-sari store? (Sulibangko, gaano na kaiha it nga iyo
tindahan?) Pros: Can you point where he is at the moment?
(Puydi mo ba itudlok kun hain hiya?)
Witness: Mga lima ka-tuig na. (For about 5 years
now.) (points at Victor)

Pros: How often do people buy goods in your store? Pros: Thank you! No further questions, Your Honor.
(Gaano ba kasurong it mga napalit haiyo tindahan?)
Xxx Re-cross Examination xxx
Witness: Duro kamasurong. Tam tindahan man la it
tindahan ha sakob hit village. It iba puros na adto ha DC: Ms. Witness, you said that you were the one who
gawas tas mahirayo pa ot mga taga dida ha amon asya recorded the video, am I correct? (Ms. WItness,
ha amon hira kaurugan napalit. (Very often. Our store nasiring ka nga ikaw an nagkuha han video. Amo ba?)
is the only store inside our village. The rest is already
outside and it’s very far so the people from the Witness2: Oo. (Yes.)
neighborhood buy in our sari-sari store quite often.)
DC: When the commotion happened, were you just
Pros: So if we ask you today, would you recognize the inside the store? (An nahitabo an karigumok ha
people in your neighborhood? (Kun pakianhan ko gawas, nakadto ka la ha sakob han tindahan?)
ikaw yana kun makakakilala ka ba han mga tawo nga
imo mga amyaw, mkakakilala ka?) Witness2: Oo. (Yes.)

Witness: Oo. (Yes) DC: And you were still inside when you recorded the
video? (Tas nakadto ka la gihap ha sakob han
Pros: Okay. In the incident that happened last nagvivideo ka?)
September 20, 2018, do you recognize the people
involved? (Han panhitabo dida han ika baynte han Witness2: Oo. (Yes.)
Setyembre han yana nga tuig, nakilala ka han mga
tawo nga nahibulig?) DC: Can you still remember how far from your store
Mr. Gintarhog and Mr. Maeskapo were standing?
Witness: Oo. (Yes.) (Nakakahinumdom ka un gaano kahirayo tikang haim
tindahan kun ngain natukdaw hira Mr. Gintarhog tas
Pros: Who were they? (Hira hino adto?) Mr. Maeskapo?)

Witness: Hira George ngan Victor. (It was George and Witness: Oo. (Yes.)
Victor)
DC: Okay. As an estimation, let’s say from where I am
Pros: How did you identify George?(Paano mo nakilal- standing is your store and the 3rd row of seats is
an hi George?) where Mr. Gintarhog and Mr. Maeskapo were
standing at. Was it at such distance? (Sige, kun
Witness: Sapit la tam balay it balay nira George asya susumahon, signgon nat kun hain ak natukdaw asya it
nakita ak haiya pag naagi hiya ha amon dapit. (George imo tindahan tapos it ika-tulo nga linya hin mga
just lives next door so I see him pass by our house lingkuran, asya an gintutukdawan nira Mr. Gintarhog
very often.) tas Mr. Maeskapo. Mga sugad ba hito nga distansya?)

Pros: How about Victor? (Paano man liwat hi Victor?) Pros: Objection, Your Honor. The witness could not
have known the exact distance between her and the
commotion. Counsel is requiring the witness to Witness2: Oo. (Yes.)
speculate.
DC: That is all, your Honor.
DC: Your Honor, I am only trying to get a better
picture of how well the witness was able to identify DEFENSE
the accused in spite the distance between them.
Presentation of Witness1 by the Defense
Court: [rules on the objection]
Defense Counsel (DC) 1: We are ready to present our
DC: Ms. Witness, you said that Mr. Maeskapo and his first Witness1, your honor.
friends were drinking just outside of your store when
the incident happened. In fact, you have even Court: Proceed. Swear the Witness1.
identified them. So when Mr. Maeskapo threatened
Mr. Gintarhog, were the other men still there? (Ms. Interpreter: Do you swear to tell the truth, all the
Witness, nagsiring ka kanina nga nag-iinom hi Mr. truth and nothing but the truth in this case?
Maeskapo tas iya kasangkayan ha gawas han imo
tindahan han nahitab an panarhug. An gintarhog ni Witness1: Yes Ma’am.
Mr. Maeskapo hi Mr. Gintarhog, nakadto pa ba an iba
nga mga tawo?) Court: Please state your name. (Ano it imo ngaran?)

Witness2: Oo. (Yes.) Witness1: I am Victor Maeskapo (Ako hi Victor

Maeskapo)
DC: You mean to say that they witnessed everything
that happened? (Imo karuyag signgon nga nakakita Court: Your age. (Imo edad?)
hira han tanan nga nahitabo?)
Witness1: 35 years old.
Witness2: Oo. (Yes.)
Court: Are you single or married? (Single ka ba or
DC: Surely, someone could have told Mr. Maeskapo to kinaslan ka na?)
stop and yet they did not do anything? (Sigurado gad
adto nga mayda manla makasaway kan Mr. Witness1: Married.
Maeskappo pero waray man la hira ginhimo?)
Court: Your address. (It imo address)
Witness2: Amo ada? (I think so?)
Witness1: Naukoy ako ha Blk. 8, Lot 8, San Juanico
DC: And yet no one did? (Pero waray may bumulig?) Village, Brgy., Bagacay, Tacloban City. (I live in Blk. 8,
Lot 8, San Juanico Village, Brgy., Bagacay, Tacloban
Pros: Objection, the question was already answered. City.)

Court: [rules on the objection] Court: What is your occupation? (Ano it im trabaho?)

Witness2: Waray, siguro kay nahadlok gihap hira. Witness1: I am a Senior Police Officer 4. (Senior
(No, maybe because they were also scared.) Police Officer 4 ako.)

DC: What then were they doing, just cheering and Court: Your Witness1.
watching the accused threaten the victim who was in
fact even bigger than him? (Nag-aaragno man la hira? DC1: Your Honor, the Witness1 is presented to testify
Nagsuporta la tas ginkinitaan an akusado nga against and disprove the allegations against him in
gintarhog an biktima nga durudako man ngani kaysa this complaint. May we proceed, your honor?
haiya?)
Court: Proceed.
Pros: Objection, your honor. Counsel is adding
confusion instead of clarifying facts. xxx Direct Examination xxx

DC: Your honor with all due respect, the confusion DC1: Do you remember executing a judicial affidavit
started from the witness’ testimony itself. dated last November 20, 2018? (I: Nahinumdom ka na
naghimo ka hin judicial affidavit dida han ika baynte
Court: rules han Nobyembre yana nga tuig?)

(If objection is overruled:) Witness1: Yes.

Witness2: DC1: If I were to show you this judicial affidavit,

would you be able to recognize it as the one I am
DC: And you also did not do anything like call for help, referring to?
aside from taking the video of the commotion?
(Waray ka gihap iba nga ginhimo sugad pag-aro hin Witness1: Yes.
bulig? Nagvideo ka la?)
DC1: Okay. I am showing the accused the judicial (In case judge sustains objection, do not read
affidavit he executed last November 20, 2018 marked succeeding answer of Witness1. Skip to next
as Exhibit “1”. Would you please tell the Court whose question.)
name and signature therein is found in page 3 of this
affidavit. (If overruled and the witness is asked to answer,
proceed below:)
Witness1: It is my name and signature. (Akon ini
ngaran tas pirma) Witness1: Baga diri gud kay mayda la liwat niya mga
lakat na gin-asikaso. (I: Not really because he also had
DC1: The name and signature I am pointing has been other matters to attend to.)
admitted by the accused as his name and signature
and is marked as Exhibit “1A”. Pros: Did you and Mr. Macario Lagunzad board the
same plane going home to the Philippines?
DC1: No further questions, Your Honor.
Witness1: Diri na. (I: Not anymore)
JANN
Pros: Mr. Witness, how long did it take to reach your
xxx Cross-Examination xxx destination?

Pros: Good morning, Mr. Witness. DC1: Objection, your honor. The question is not
answerable by a mere yes or no.
Pros: You stated in your affidavit that you have a half
brother named Mario. Is that correct? Pros: Your Honor, we wish to ascertain the
circumstances about the witness’s travel.
Witness1: Yes.
Court: [rules on the objection]
Pros: You said that he lives in Singapore. Am I
correct? (If sustained, do not read the succeeding answer of
Witness1 below. Skip to next question)
Witness1: Yes.
(If overruled, proceed to answer below:)
Pros: And you said that you lived at his place during
your alleged vacation in Singapore. Correct? Witness1: I am not sure pero mga upat ada adto or
lima? (I: I am not sure but I think it was 4 or 5 hours?)
Witness1: Yes.
Pros: Okay. So you’re know saying that it did not take
Pros: You mentioned that you were with a person you a day to reach your destination whether from
named Macarion Lagunzad when you went to Manila to Singapore or Singapore to Manila. Correct?
Singapore. Right?
Witness1: Oo, diri. (I: Yes, it doesn’t.)
Witness: Yes.
Pros: Thank you, Mr. Witness. No further questions.
Pros: And this Macario Lagunzad is your cousin?
xxx Redirect-Examination xxx
Witness: Yes.
DC2: Mr. Witness, when did you say was your arrival
Pros: Okay. If Macario Lagunzad was with you when in Singapore? (Mr. Witness, kakan-o adto nim siring
you went to Singapore, did he also stay at your nga imo pag-abot ha SIngapore?)
brother’s house?
Witness1: Dida han September 14. (It was on Sept.
Witness1: Diri kay nkacheck-in hiya ha hotel na hirani 14)
la liwat ha balay nak bugto. (I: No, because he was
checked in at a hotel just near my brother’s house.) DC2: I have here the authenticated copy of your
passport marked as Exhibit 2A. Can you please read
Pros: You mean to say that he was not with you the to this Court the date of your entry and exit as
entire time you were in Singapore? stamped by the Singaporean Immigration? (Mayda ak
didi authenticated nga kopya han imo passport nga
DC1: Objection, Your Honor. The question assumes ginmarkahan hin Exhibit 2A. Puydi mo ba basahon ha
facts not in the record. korte kun ano it date of entry ngan exit na ginbutang
han Singaporean Immigration?)
Pros: Your honor, we will have those facts later in
connecting up. Witness1: Date of entry Sept. 14, 2018 tapos it date of
exit liwat kay Sept. 21. (The date of entry is Sept. 14,
Court: [rules on the motion] 2018 and the date of exit is Sept. 21.)
DC2: Whose signature is attached to the stamp of the DC2: The booking receipt and his testimony just now
dates of entry and exit? (Kanay pirma it ada ha stamp indicates to this honorable court that it is not possible
hit date of entry ngan exit?) for the witness to have left Singapore on the 20th
when his flight was on the 21st and he barely could
Witness1: Kanan immigration ito. (That’s the have managed even buying a round trip ticket.
immigration’s.)
JANN
DC2: Your Honor, I would like to request that the
signature on the stamp of the date of entry in the xxx Re-cross Examination xxx
passport which was submitted as evidence be marked
as Exhibit 2A-1 and the signature stamped date of exit Pros: Let me clarify Mr. Witness, you left for
be marked as Exhibit 2A-2 to show proof that these Singapore on September 14, 2018. Am I right?
were authenticated before the Singaporean (Klaklaruhon ko la, Mr. Witness, lumakat ka tipa-
immigration. Singapore dida han ika katorse han Setyembre han
yana nga tuig. Asya na?)
Court: [ruling on the request]
Witness: Oo. (Yes.)
DC2: How long have you been planning this trip to
Singapore, Mr. Witness? (Kakan-o mo pa ginplanuhan Pros: You are a police officer. Correct? (Pulis ka
adto nga imo lakat tikadto Singapore?) diba?)

Witness1: Naiha na, mag uusa na katuig. Tiupod unta Witness: Oo. (Yes.)
nak misis, kaso waray naman ha budget. (I: Quite long
now, almost a year already. My wife would have Pros: And as a police officer, I believe you know that
joined me, but we don’t anymore have the budget.) all government officials and employees are strictly
required to have an authority to travel to authorize
DC2: When did you book your flight to Singapore? them to travel abroad regardless of purpose or
(Kakan-o ka man nagbook nim flight tikadto duration of travel. Correct? (Tungod nga pulis ka,
Singapore?) natuod ak nga maaram ka nga tanan na natrabaho ha
gobyerno kay giniistriktuhan nga kumuha anay hin
Witness1: Han February kay mayda man seat sale an Travel Order para tugutan nga gumawas ha bansa
PAL. (I: February since PAL had a seat sale.) bisan ano pa ot rason nga kaiha hit byahe. Tama?)

DC2: Did you book a round trip ticket or one way? DC2: Objection, Your Honor. The question is not
(Round trip ticket ba nim ginpabook o one way la?) covered by the re-direct examination.

Witness1: One way la anay. An akon tiuli liwat na Pros: Your Honor, the validity of the witness’s travel
flight, ginbook han gin-extend na han PAL an ira seat- is relevant in this case because it will show whether
sale so mga two weeks after liwat. (I: Just one-way. he was indeed permitted to travel outside of the
My other booking to go home was made when PAL country.
had another seat-sale so it was 2 weeks after.)
[Court: rules, if overruled, witness answers. If
DC2: I will be showing the witness the original copy of sustained, move to the next question]
his booking receipt marked as Exhibit “3” in which he
printed last February 12, 2018. Can you please Witness: Yes.
confirm to this Honorable Court that this is your
booking receipt? (Ipapakita ko haim an original nga Pros: Did you file an application for leave of absence
kopya han imo booking receipt nga ginmarkahan hin before leaving the country?
Exhibit 3 na ginprint dida han ika dose han Pebrero
han yana nga tuig. Puydi mo ba ikumpirma ha Korte Witness: Oo. (Yes.)
nga asya ini nim bookig receipt?)
Pros: Are you aware that an authority to travel is a
Witness1: Yes, akon ini. (I: Yes, this is mine.) prerequisite to the grant of an application for leave of
absence? (Maaram ka ba nga kailangan hin travel
DC2: What flight date is indicated in the booking order para ig-aprobar it leave of absence?)
receipt? Can you please read it to us? (Ano it flight
date nga nkabutang dida hit na booking receipt?) Witness: Oo. (Yes.)

Witness1: Nakabutang didi Sept. 14, 2018. (It says Pros: Did you secure such document? (Kumuha ka ba
here, Sept. 14, 2018.) hito nga sinisiring na dokumento?)

DC2: I respectfully request your honor, that the date Witness: Waray. (No.)
in which this said receipt has been printed be marked
as Exhibit 3A. Pros: Your Honor, I am showing to you this document
from the PNP Head Office to prove that SPO4 Victor
Court: [rules on the motion] Maeskapo did not secure a travel order for his alleged
vacation in Singapore. I respectfully pray that this be Interpreter: Do you swear to tell the truth, all the
marked as exhibit “__” truth and nothing but the truth in this case?

Pros: In short, your leave application was granted Witness2: Yes Ma’am.
even if you did not secure the required authority to
travle from the PNP Head Office. Right? (So an imo Court: Please state your name. (Ano it imo ngaran?)
leave ginaproban bisan waray ka hito nga
kinahanglan na travel order tikang ha PNP Head Witness2: I am Macario Lagunsad (Ako hi Macario
Office. Asya na ba?) Lagunsad)

Witness: Diri, ma’am. Diri asya ak karuyag sig-- (No, Court: Your age. (Imo edad?)
maam that’s not what - )
Witness2: 47 years old.
Pros: It is answerable by yes or no.
Court: Are you single or married? (Single ka ba or
Witness: No. kinaslan ka na?)

Pros: Now Mr. Witness, you said that you booked Witness2: Married.
your ticket last February. Correct? (Mr. Witness,
nayakan ka nga nagbook ka han imo ticket dida pa Court: Your address. (It imo address)
han Pebrero, tama?)
Witness2: Naukoy ako ha Blk. 23, Lot 10, Peerless
Witness: Oo. (Yes.) Village, Tacloban City, Leyte, Philippines. (I live in Blk.
23, Lot 10, Peerless Village, Tacloban City, Leyte,
Pros: And you paid the ticket as evidenced by the Philippines.)
travel receipt shown by the defense counsel. Am I
right? (Tas ebidensya nga nagbayad ka han ticket an Court: What is your occupation? (Ano it im trabaho?)
ginpakita han defense counsel nga travel receipt. Asya
na ba ak?) Witness2: I am a businessman. (Businessman ako.)

Witness: Oo. (Yes.) Court: Your Witness.

Pros: So you would agree with me that one may DC2: Your Honor, the Witness is presented to further
purchase a ticket without using the same? (So prove and corroborate with the accused’s testimony
matangdo ka haak nga puydi pumalit it usa nga tawo and defense.
hin tcket pero diri niya ito gamiton?)
Court: Proceed.
Witness: Siguro? (I guess?)
xxx Direct Examination xxx
Pros: Therefore, it is possible that you bought the
plane ticket without boarding the plane? (Posible nga DC2: Do you remember executing a judicial affidavit
pumalit ka hin plane ticket pero waray ka sumakay dated last November 24, 2018? (I: Nahinumdom ka na
naghimo ka hin judicial affidavit dida han ika baynte-
hin eroplano?)
kwatro han Nobyembre yana nga tuig?)
DC: Objection, Your Honor. Fiscal is already
speculating. Witness2: Yes.

DC2: If I were to show you this judicial affidavit,

Court: [rules on the objection]
would you be able to recognize it as the one I am
Witness: Yes. referring to?

Pros: Your Honor, I am showing to you a document Witness2: Yes.

from the Bureau of Immigration certifying that Mr.
DC2: I am showing the accused the judicial affidavit
Victor Maeskapo did not leave the country on
he executed last November 24, 2018 marked as
September 14, 2018. I respectfully pray that this be
Exhibit “4”. Would you please tell the Court whose
marked as evidence.
name and signature therein is found in page 2 of this
Pros: No further questions. affidavit.

Witness2: It is my name and signature. (Akon ini

Presentation of Witness2 by the Defense
ngaran tas pirma)
DC2: May we call on our next witness, Macario
DC2: The name and signature I am pointing has been
Lagunsad.
admitted by the accused as his name and signature
Court: Swear the witness. and is marked as Exhibit “4A”. No further questions.

xxx Cross-Examination xxx

Pros: You’ve stated in your judicial affidavit that you Witness2: No, Ma’am. Victor went off first because my
and Victor are relatives, correct? (Nayakan ka ha imo hotel was at the end of the block. (Waray ma’am. Hi
judicial affidavit na magparyente kamo ni Victor, Victor in nauna ha ako kay an hotel adto han
eksakto?) katapusan na block.)

Witness2: Yes. (Oo) Pros: Mr. Witness, you said that you rode the plane
together with Victor when you went to Singapore.
Pros: Are you and Mario close with each other? (Close How about your flight home, did you also ride
ba kamo ni Victor?) together? (Mr. Witness, nayakan na sinmakay kamo
han eroplano na duha ni Victor pakadto ha Singapore.
DC2: Objection, your honor. Irrelevant. An iyo tibalik, dungan ba gihapon kamo?)

Court: rules Witness2: No. (Diri)

Pros: You mentioned in your judicial affidavit that you Pros: It says here in your judicial affidavit that your
left the country to go to Singapore with Victor, is that flight home was on September 23. Is this correct?
correct? (Nagyakan ka ha imo judicial affidavit na (Nayakan ngadi han imo judicial affidavit na an imo
lumakat ka pakadto ha Singapore upod mo hi Victor, flight tiuli kay September 23, asya na?)
eksakto?)
Witness2: Yes. (Oo)
Witness2: That is correct. (Eksakto ito)
Pros: So for the whole duration that you two were in
Pros: And this was on Sept. 14, 2018? (Han Singapore, the only time that you saw Victor was
September 14, 2018 inin?) during the day that you arrived in Singapore? Is that
correct? (So han kabug-usan na nakadto kamo na
Witness2: Yes. (Oo) duha ha Singapore, an adlaw na nahikitan mo hi
Victor kay han adlaw na iyo pag-abot ha Singapore,
Pros: You also said that you did not stay with Victor asya na?)
and his half-brother when you were still in Singapore,
am I right? (Nagyakan ka gihap na waray ka nakiukoy Witness2: Not exactly, we also saw each other on
kan Victor ngan han iya half-brother han nakadto ka other days after my convention from work and I went
ha Singapore, asya na?) touring the city. (Diri gad. Nagkita pa gihap kami after
nak convention ha trabaho tas han nag libot ako han
Witness2: Yes, Ma’am. (Oo, maam) siyudad.)

Pros: Upon arriving in Singapore, did you and Victor Pros: Don’t qualify, Mr. Witness. Yes or no is
immediately separate ways? (Han pag-abot niyo ha sufficient.
Singapore, nagbulag ba dayon kamo ni Victor?)
Witness2: No. (Diri)
Witness2: No, because we rode in the same taxi.
(Waray, kay parehas kami hin ginsakyan na taxi) Pros: Mr. Witness, did you know when was Victor’s
flight home? (Mr. Witness, maaram ka ba kun kakan-o
Pros: So you rode in the same taxi but you stayed in a han flgiht ni Victor pauli?)
hotel and not at the place where Victor was going to
stay? (Parehas kamo hin ginsakyan na taxi pero Witness2: Yes, ma’am. I booked our tickets. (Oo
naghuron ka ha usa na hotel ngan diri kun ngain man maam. Ako an nagbook han amon flights)
hi Victor ma ukoy?)
Pros: No further questions.
Witness2: Yes. (Oo)
xxx Re-Direct Examination xxx
Pros: Is the hotel where you were checked in just near
the house of Victor’s brother? (Hirapit la ba an hotel DC1: Mr. Witness, you said that you did not stay at
kun ngain ka nagcheck ha balay han bugto ni Victor?) Victor’s half-brother’s place because you stayed in a
hotel. Does this mean then that you did not spend any
Witness2: Yes. (oo) time at all with Victor and his brother? (Mr. Witness,
nagyakan ka na waray ka nakihuron han bugto ni
Pros: So technically, you were also dropped off by the Victor tungod na nagukoy ha hotel. Kurugsignon mo
taxi at the same place where Victor was dropped off? ba na waray ka gud talaga nakiupod kan Victor ngan
Since you said that the hotel was just near? (Kun han iya half-brother?)
baga, gindul-ong ka han taxi kun ngain gihap hi Victor
gin-dulong kay hirapit man la ngay-an an hotel?) Witness2: No, Ma’am. In fact, I came by often at
Mario’s, Victor’s half brother’s, house. (Diri maam.
DC: Objection, your honor. Fiscal is already assuming Nakadto ngani ako sukot kanda Mario balay)
facts.

Court: rules
DC1: Can you still remember the dates when you Witness2: Yes maam. Initially he was booking a mere
dropped by? (Nakahinumdum ka pa han mga adlaw one-way ticket. I joined him and paid for it instead
na nagbisita ka?) which is why we were on the same flight from Manila
to Singapore. (Yes, maam. Ha katikangan hiya an
Witness2: Yes, I do remember. I was there on the day nagbook han iya one way tikadto. Ginupdan ko nala
we arrived on a Friday, I went back to Mario’s by tas ako la anay nagbayad asya an nanabo, parehas
Monday, and was also there on Thursday of the kami hin flight Manila to Singapore.)
following week. (Oo, nakatigaman ako. Nakadto ako
han biyernes nam pag-abot. Tas bumalik ak kanda DC1: But you didn’t have the same flight as him going
Mario han Lunes ngan nakato gihapon ako han back? (Pero diri kamo pareahs hin flight tibalik?)
huybes han sumunod na semana.)
Witness2: Originally, we had the same date of flight
DC1: Thursday of the following week, which was… home but I had matters to attend to so I had to re-
Sept. 20, 2018? Am I correct? (Huybes han sunod na book my flight home. (Dapat dungan gihap kami nauli
semana...September 20, 2018? Asya na?) kaso may-ada ko pa ginatindiran asya ginrebook ko
an akon pauli na flight.)
Witness2: Yes. (Oo)
DC1: But you were the one who booked the ticket,
DC1: What time were you there at your Mario’s right? Can you tell this Court what date of flight from
house? (Ano nga oras ka nakadto kanda Mario balay?) Singapore to the Philippines did you book for Victor?
(Pero ikaw la gihapon an nagbook han ticket, eksako?
Witness2: I think it was around 7:30 in the evening. I Pwede ka magsumat ano nga adlaw an flight tikang
ate dinner with them that night. (Mga dapit 7:30 han Singapore pabalik Pilipinas an imo ginbook para kan
gabi. Nanihapon ako ha ira hadto na gabi.) Victor?)

DC1: And was Victor also there? (Tapos nakadto Witness2: It was September 21, 2018. (September 21,
gihap hi Victor?) 2018 adto)

Witness2: Yes, he was. (Oo, nakadto gihap) DC1: Thank you. No further question, your Honor.

DC1: And until what time did you stay there? (Kutob xxx Re-Cross Examination xxx
ano nga oras ka ngadto?)
Pros: You’ve mentioned, Mr Witness, that you were
Witness2: I think around 11 o’clock? (Mga alas-onse with Victor Maescapo on September 20, yes?
ada?) (Nagyakan ka Mr. Witness na magupod kamo ni
Victor Maescapo han September 20, ano?)
DC1: And Victor was just there the whole time?
(Nakadto la hi Victor han bug-os na oras na nakadto Witness2: Yes. (Oo)
ka?)
Pros: But you left Mario’s place the same night,
Witness2: Yes. (Oo) correct? (Pero lumakat ka mismo han gabi gihapon,
asya?)
DC1: I am showing to the court this picture printed
out of the witness’ Facebook account of his travel Witness2: Yes. (Oo)
during September 14 to September 23. Can you
please identify to this honorable court who are the Pros: Are you close with Mario? (Close ba kamo ni
persons you are with in this particular picture? (May- Mario?)
ada ko igpappakita na litrato na ginprint tikan kan
witness Facebook han iya travel han Sept 14 - Sept 23. DC: Objection, your honor. The fiscal has already
Alayon paki-tudlok ko hini an mga tawo na upon nimo asked the same question earlier during the cross-
hini na litrato?) examination.

Witness 2: This is Victor, and that is his cousin Mario. Court: rules
(Hi Victor inin ngan hi Mario.)
Pros: The picture that was earlier presented in court
DC1: We respectfully move that the picture identified was uploaded on September 20, is that correct? (An
and admitted to have been uploaded from facebook picture na ginpakita kanina gin-upload adto
on September 20, be marked as Exhibit 4B-1. September 20, eksakto?)

DC1: Mr. Witness, you said earlier that you booked Witness2: Yes. (Oo)
your ticket as well as Victor’s ticket. Did you mean
both Victor’s flight to Singapore and his flight home Pros: But you’d agree with me that the same could
was booked by you? (Mr. WItness, nayakan ka kanina have been taken prior to September 20 and was only
na ikaw an nagbook han iyo ticket ni Victor. An belatedly uploaded? (Pero matuod ka ha ak na inin na
kurugsignon ba hinin an flight ni Victor tikadto ngan picture pwede man ginkuha waray pa nag September
an iya tibalik, ikaw an nag-book?) 20 tas naurhi la pagupload?)
DC: Objection, your honor, fiscal is assuming facts.

Pros: I simply want to confirm when the picture was

actually taken.

Court: rules

[If overruled, witness answers]

Witness2: No, it was taken on September 20. (Diri,

September 20 iton ginkuha.)

Pros: Are you sure of that, Mr. Witness? (Siguardo ka,

Mr. Witness?)

Witness2: Yes, I’m sure. (Oo, sigurado ako.)

Pros: That’s all, Your honor.