Arraignment/Pre-Trial

Interpreter: All rise

The Judge Joseph Nacario is in court, lets Pray. (Interpreter leads the prayer)

Judge: Court is now in session (gavel). Call the cases.

Interpreter:
For arraignment.

Criminal Case No. 9385, People of the Philippines versus Rosenni Castaneda for
violation of P.D. 1602 as amended by RA 9287.

Interpreter: Appearing as Counsels for the Prosecution: City Prosecutor Jose Rolly
Gonzaga and Assistant Prosecutor Christine Torrecampo.

Pros Gonzaga and Pros Torrecampo: for the Prosecution your Honor.

Interpreter: Appearing as Counsels for the Defense: Atty. Calderon and Atty. Alaba

Atty. Calderon/Atty. Alaba: for the defense Your Honor.

Judge: Arraign the accused;

Interpreter: (Ushers the accused to stand in front of the judge)

Gusto nimu imu hubad sa binisaya o ok ra ang English

Accused: Ok ra ang English

Interpreter:
Based on the information filed by the City Prosecutor before this Honorable court,
accused Rosenni Castaneda commits a crime of Illegal Gambling (proceeds to read
the Information)

Contrary to Law.
Judge:
Do you understand the crime charged against you?

Accused:
Yes, Your Honor.

Interpreter: What is your plea?

Guilty or Not guilty?

Accused: Not guilty.

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Interpreter: The Accused pleaded not guilty your honor.

Judge : Plea of not guilty is entered, let us proceed to pre-trial.

What are the proposed stipulations of the Prosecution?

Prosecutor Gonzaga: Your Honor, 1) That the court has Jurisdiction over the subject
matter 2) The identity of the accused is Ms. Rosenni Castaneda and, 3) that the
apprehending officers are members of the PNP Provincial Office of Surigao Del Norte.,

Judge: What is the comment of the Counsel for the defense?

Atty. Calderon: Admitted your honor.

Judge: What are the proposed stipulations from the Defense:

Atty. Calderon: None your Honor.

Judge: Let us proceed with the marking of evidence.

Prosecutor Gonzaga:
For the prosecution your honor we have as Documentary Evidence, the Joint Affidavit
of Complaint and The Receipt/Inventory of Property Seized, and that they be marked
as Exhibit “A” and Exhibit “B” respectively.

We would like to make reservation for documentary evidence to be marked during trial.

The prosecution would like to make reservation for Four witnesses your honor. That is
all your honor.

Judge: What are the nature of the testimony of your witnesses?

Prosecutor Gonzaga:
Unfortunately for now, we have no particular information about it Your Honor.

Atty. Alaba: For the defense your honor we would like to make reservation for
documentary evidence to be marked during the trial and reservations for three
witnesses. That is all your honor.

Judge: (wraps up the Sipulations and reservations made)

There being no more concern from the prosecution and the defense, the Pre-trial is
hereby terminated. (Raps the gavel)

Session is adjourned (gavel)

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(The Initial Presentation is set 5 minutes after.)

Narration: A Pre-trial order was later issued by the Honorable.

Initial Presentation of Evidence by the Prosecution

Judge:

The court is now in session. (Gavel)

Interpreter:

For Initial Presentation of Witness by the Prosecution

Criminal Case No. 9385, People of the Philippines versus Rosenni Castaneda for
violation of P.D. 1602 as amended by RA 9287.

Judge: Are the parties ready?

Prosecutor Gonzaga: For the prosecution your honor we are ready with one (1)
witness

Atty. Calderon: For the accused your honor we are ready.

Judge: Ok you may present the witness.

{ use transcription 1 KATO ORIGINAL NA CASE}

PROS. Torrecampo:
Your Honor, the Prosecution moves for the termination of the testimony of the Witness.

Judge
The Witness’ testimony is terminated.

PROS. Torrecampo:
The Prosecution would like to dispense with the presentation of other witnesses Your
Honor.

Judge

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Why? You have made reservation for four witnesses during the pre-trial?

PROS. Torrecampo
Yes we submit to that Your Honor, but for our next witness , he is a members\ of PNP
but they were only on a back-up unit during the operation. So we see no need for
them to testify Your Honor.

Judge
I see, so the Prosecution will have one witness only.

The Prosecution is hereby given 15 days from now to submit their Formal Offer of
Evidence and the Counsel for the Defense shall likewise submit memoranda or
comment to the Formal Offer of Evidence.

PROS. Torrecampo
Yes Your Honor, and we will submit our Formal Offer of Evidence.

Judge
Lets schedule the Initial Presentation for the defense. It will be set 5 minutes from now.

The Session is adjourned. (gavel)

Narrator:
The Prosecution submitted a Formal Offer of Evidence, a comment was also submitted
by the Defense.

The Court admitted the Formal Offer of Evidence but also noted the objections of the
Defense in their memoranda.

The Defense had filed the Affidavits of its witnesses.

Initail Presentation of Defense Evidence

Judge
(Gavel) The Court is now in session.

Interpreter

For Initial Presentation of Evidence by the Defense.

Criminal Case No. 9385, People of the Philippines versus Rosenni Castaneda for
violation of P.D. 1602 as amended by RA 9287.

Judge: Are the parties ready?

Atty. Calderon: For the Defense your honor we are ready with one (1) witness

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Prosecutor Gonzaga: For the Prosecution your honor we are ready.

Judge: Ok you may present the witness.

Defense: Your Honor the defense hereby presents Ms. Rosenni Castaneda, the
accused as our First Witness.

Transcription 2

Interpreter: (Swearing of OATH)

Your witness.

Atty. ALABA: Mr. Witness, it has come to the senses of this court that you executed a
judicial affidavit, is it correct or not?

A: Yes Sir.

Q: Where have you executed the said affidavit?

A: at Calderon-Alaba Law Office maam.

Q: When did you execute this affidavit?

A: On October 22, 2018 maam.

Q: If it is shown to you, will you be able to recognize and identify the said affidavit?

A: Yes maam.
Q: I have here a copy of the said affidavit. Will you please look over it and tell this court
if this is the same affidavit that you have executed?

A: This is the same affidavit maam.

Q: In the last page of the affidavit, there appears signatures below. Will you please tell
this court whose name appears below?

A: it is your name and my name maam.

Q: Above those names, there are signatures that are written above. Whose signatures
are those?

A: Those are mine and your signature maam.

Q: How can you say that is my signature?

A: Because I was present when you signed it maam.

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Atty. Alaba: Your Honor we would like to move that the Judicial Affidavit of the
Witness be considered as the Direct Testimonial Evidence.

Judge:
Motion granted.

Atty Alaba
No more further questions your Honor.

Court:
Prosecution you may now proceed to cross examine the witness.

(CROSS EXAMINE)

Pros Torrecampo: Mr. Witness you said in your affidavit that you went at the house of
the accused in the morning. What did you do there?

AZARCON: To collect the payment of the tocino and longganiza maam.

Pros Torrecampo: Isn’t it unusual to collect payments in the morning Mr. Witness?
AZARCON: During that day I went there in the morning because I came from the
market.

Pros Torrecampo: No more questions your honor.

Judge: Redirect from the defense?

Atty. Alaba: Yes your honor.

REDIRECT

Atty. Alaba: Mr. Witness, what is your daily routine as a businessman?

AZARCON: Maam, I am usually busy. In the morning I go to the market to buy food for
the day and after that since I am already outside and in the vicinity of my suki, I usually
collect payments from their debts in the morning. Then I go home and do my chores at
home.

Atty. Alaba: No more questions your honor.

Judge: Re-cross from the prosecution?

Pros. Torrecampo: None your honor.

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Continuation Trial for Defense Witness

Judge
Defense, do you still have any witness to present?

Defense:
Yes Your Honor. We would like to present Ms. Castaneda as our second witness.

Interpreter: (Swearing of OATH)

Your witness.

Atty. Calderon: Mr. Witness, it has come to the senses of this court that you executed
a judicial affidavit, is it right?

A: Yes Ma’am.

Q: Where have you executed the said affidavit?

A: at Calderon-Alaba Law Office maam.

Q: When did you execute this affidavit?

A: On October 22, 2018 Maam.

Q: If it is shown to you, will you be able to recognize and identify the said affidavit?

A: Yes Maam.

Q: I have here a copy of the said affidavit. Will you please look over it and tell this court
if this is the same affidavit that you have executed?

A: This is the same affidavit Maam.

Q: In the last page of the affidavit, there appear names below. Will you please tell this
court whose names appears therein?

A: it is the your name and my name Maam.

Q: Above those names, there are signatures that are written above. Whose signatures
are those?

A: Those are mine and your signature maam.

Q: How can you say that it is my signature?

A: Because I was present when you signed it Maam.

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Atty. Calderon: Your Honor we would like to move that the Judicial Affidavit of the
Witness be considered as the Direct Testimonial Evidence.

Judge:
Motion granted.

Court:
Prosecution you may now proceed to cross examine the witness.

(CROSS EXAMINE)

Judge: Cross examine from the Prosection?

Pros. Gonzaga: Yes your honor.

CROSS EXAMINE

Pros Gonzaga: In your affidavit, you said that you do not know Police Officer Elpa. Is it
right?

CASTANEDA: Yes sir.

Pros Gonzaga: During the search inside your house, they did not inform of the cause
of such warrant. Is it right?

CASTANEDA: yes sir.

Pros Gonzaga: Then why did you not file a case against them?

CASTANEDA: Because I do not have any knowledge sir as to what we will do as we

were detained inside Surigao City Police office.

Pros Gonzaga: No more questions your honor.

Judge: Will the defense have a redirect examination?

Atty. Calderon: Yes your honor.

Judge: Please proceed.

Atty. Calderon: Ms. Witness, what did you feel during the time you were detained
inside the Surigao City Police office?

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CASTANEDA: We were very afraid and confused your honor because I was not
allowed to call or even contact my husband. We were not even able to change our
clothes for two days.

Atty. Calderon: No more questions your honor.

Judge: Any comments from the Prosecution.

Prosecution: No comments from the Prosecution Your Honor.

Judge:
Defense Do you have other witnesses to present?

Atty. Calderon:

Your Honor we do not have any witnesses to present. We are submitting our case for
decision.

Judge:
Comment, from the Prosecution?
There being none, the case is thus for promulgation.