8-26-2020 16:24

106543-44 Tobias caigas

Pat ARBY JOHN FIGUEROA, 26, S, assigned at District Special Operation Unit,

resident of Sta. Maria Bulacan.

F – the testimony of this witness is being offered in order to prove the material

allegations containing in the criminal information filed against the two accused

in this case. Also, to identify the person of the accused as well as the

documents relative to this case and to prove other matters relevant to this

case, with the permission of the Honorable Court.

D – your honor please before the good public prosecutor proceed your honor,

may I move your honor that the presence of the two accused be waived your

honor.

C – Alright, the appearance of the accused is waived, proceed fiscal.

F – thank you your Honor, Good morning Mr. witness PO1 Figueroa,

“naririnigniyo po ako sir?”, can you hear me sir?

W – good morning fiscal, “naririnig ko po kayo fiscal”, yes, I can hear you

ma’am.

F – thank you sir, relative to this case against tobias caligas and Frederick

abellano, do you remember having executed a pinagsamang sinumpaang

salaysay ng pag-aresto?
W – yes ma’am.

F – if a copy of that pinagsamang sinumpaang salaysay ng pag-aresto will be

shown to you, would you be able to you recognize it?

W – yes ma’am

F – how about the signature appearing on the third page of that pinagsamang

sspa how about the signature appearing on the third page of that pinagsamang

sinumpaang salaysay the signature appearing above the type written name of

PO1 Arby John Figueroa if that would be shown to you would you be able to

recognize it as well?

W – yes ma’am.

F – your honor at this juncture may we offer for stipulation for admission to the

defense that if a copy will be shown to this witness, of his pinagsmang

sinumpaang salaysay, he would be able to identify the same, as well his

signature appearing thereon.

D – stipulated your honor, anyway, it is already part of the record, your honor.

F –, thank you atty. Jim, thank you your honor

C – a minute fiscal, is your witness in Court?

F – yes your honor,

C – please assist fiscal to present the documents that needs to be identified by

the witness.
F – Sir, can you tell us what is the relation of that doc that is being shown to

you to the sinumpaang ssalaysay s htat you just earlier mentioned documents?

W – this the sworn statement we made together with Jemuel Loza ma’am, we

made regarding the arrest of Frederick, tobias and Feliciano ma’am.

F – how about the third page of that sinumpaang slayasay sir, there is a

signature appearing on the top of the type written name PO1 Arby John

Figueroa, whose signature is that sir?

W – this is my signature mam.

F – under your present oath sir, do you affirm and confirm the truthfulness

and veracity of the allegations contained in that pinagsmang sinumpang

slaysay ng pag-aresto sir.

W – yes mam.

F – may we pray you honor that this pssspa be marked as Echibit a AND THE

SIGNAUTRE OF THE SAID witness appearing on the third page be marked as

Exhibit A-1.

C – the branch clerk is authorized to marked the documents.

D – yes your honor.

F – may we proceed your honor.

C – proceed fiscal.
F – Sir, in this pinagsamang sinumpaang salaysay ng pag, you stated that you

were able to arrest the persons of tobias, Feliciano and Frederick jabellano, if

you will be able to see these persons again, would you be able to recognize

them?

W – yes mam.

F – your honor, we just proposed to the defense your honor if they are willing to

admit that IF TOBIAS caigas AND FREDERIC Will BE presented to the witness,

he will be able to recognize them.

D – yes your honor, we can stipulate on that your honor.

C – alright, admitted.

F – and now sir, onoct 17, 2018 araound 7 in the evening dio you remember

hwre you were

W – yes mam

F – hwerr were you at that time sir,

W – at Pcp1 Bagong barrio ma’am.

F – and what are you doing at PCP 1 sir, bagong barrio?

W – I was on duty at that time ma’am.

F – while on duty at PCP 1 do you remember having encounter any unusual

incident.

W – yesf mam
F -+ what is that unusual incident sir?

W – somebody called up our office mam and introduce himself as Melvin.

F – what was the purpose of that call, of that certain Melvin sir , do you know.

W – he reported three men quarelling at their place mam.

F – upon receipt of that information what action did you take?

W – we informed our chief about it and immediately he dispatched us to the

said place ma’am

F – when you say he dispatched us who are you referring to “us”?

W – my buddy ma’am, Patrolman Jemuel Loza ma’am.

F – only the two of you sir?

W – yes mam.

F – what is that place to where you were dispatched sir?

W – at magsaya st. barangay 123, ma’am

F – what city sir?

W – Caloocan City ma’am.

F – upon being dispatched to that place were you able to reach the place sir?

W –ym

F – what did you observed sir upon reaching the place sir?
W – when we reached the said place mam tobias caigas and Frederick were

cursing each other ma’am

F – in what place were these three male persons, Frederick, tobias and Javier,

where were they situated when you saw them exchanging curses to each other?

W – at Magsaysay st., mam, infront of a house mam,

F – they were on the street, is that what you see?

W – yes mam, they were on the street mam.

F – upon seeing these three male persons cursing each other, what action did

you take?

W – immediately, we approach them.

F – upon approaching them sir, what happened?

W – they continued cursing each other and they were still arguing mam

F – bcoz they kept on arguing with each other even when you approach, what

did you do sir?

W – jemuel and me introduce ourselves as police officer ma’am.

F – and upon you introduced yourselves as police officer, what were their

reaction?

W – Frederick was about to ran at that time.

F – upon seeing that abellana was about to run what did you do sir?
W – jemuel loza immediately got hold of his waist mam

F – howt about you sir, what action did you take?

W – I got hold of the two mam, tobias and Javier mam.

F – ok and after that what happened next sir?

W – jemuel loza was able to confiscate from Frederick jabellana one kitchen

knife mam.

F – on what based sir?

W – I instructed Frederick Abellano to bring out the content of his pocket

ma’am

F – and did Frederick followed your order?

W – yes mam

F – what happened sir?

W – after he brought out the contents of his pocket, recovered from him was

one heat sealed transparent plastic sachet.

F – who among you and police officer loza, who was able to recover the plastic

sachet from Frederick abellana sir.

W – it was me ma’am

F – what did you do with the plastic sachet which you recovered from

Frederick?
W – immediately, I confiscated it from him ma’am. 31:20

F – where did you place the confiscated evidence sir?

W – on my right pocket mam.

F – other than having recovered one plastic sachet from Frederick abellano,

what else were you able to recover from sir, if any?

W – for Frederick only one heat sealed mam.

F – after having recovered that heat sealed plastic sachet from abellano what

happened next?

W – I instructed tobias caigas and Javier to bring out the contents of their

pocket as an “SOP” mam.

F – do they followed your instruction sir?

W – YM

F – what happened?

W – I recovered one heart sealed transparent plastic sachet containing white

crystalline substance, one each from tobias and Javier mam.

F – what did you do with thiese recovered eveidcence from tobias and Javier?

W – I confiscated it mam

F – after that sir what happened next?

W – they were handcuffed by my buddy, jemuel loza mam and their

constitutional rights were read to them as well as their violations

F – after they were handcuffed and you informed of their rights, what happened

next sir?

W – Frederick abellano was resisting at that time mam, and his mother

introduce herself as a kagwad, and they were forcibly taking abellano mam

F – under that situation what did you do?

W –because we were not able to bring the items to be used in marking the

evidence mam, and there was a commotion and the students passing by were

alarmed, I and jemuel loza decided to bring them to the PCP for inventory.

F – from the time that you left that place in Magsaysay St. in Brgy 123 up to

the place of the station PCP 1 in Bagong Barrio Caloocan, who take custody of

the recovered evidence from abellkanp tobias and Feliciano sir?

W – for the kitchen knife mam it was in the custody of jemuel loza.

F – how about the heat sealed transparent plastic sachet? That you, yourself

were able to recover from abellano, tobias and Feliciano, three pieces of heat

sealed transparent plastic sachet, who remain in custody or take custody of the

illegal drugs sir?

W – me ma’am.
F – what did u did with that 3 drug evidence upon reacing pCP1 bagobg barrio

Caloocan city police station

W – I first waited for the barangay kagawad and media representative before I

marked it mam.

F – the question is these two persons that you are Waiting for, the Barangay

Kagawad and Media Representative, were they able to reach or arrived at PCP 1

Station?

W – yes mam.

F – upon the arrival of the two person from barangay and the media

representativw what happened next after that sir?

W – my buddy jemuel loza went here at the judicial to secure the appearance of

DOj representative mam.

F – What happened to the efforts of Police Officer Loza in so far as securing for

a presence or for assistance from a DOJ representative.

W – According to the guard there was no fiscal on duty at that time mam.

F – upon learning of this information, what did you do sir, or what happened

next?

W – Jemuel Loza had it logged by the guard mam.

F – Upon learning that the DOJ rep cannot come to the pcp1, what did you do

sir?
W – When jemuel loza went to our office mam we did the markings of the

evidence mam.

F – who were present hwne you started markings your recovered evidence?

W – Media ka maeng for Barangay Official it is Kagawad Nocum and the

presence of the three accused mam as well as my presence and that Jemuel

Loza’s mam.

F – now, you said sir that you proceeded with the marking of your recovered

evidence sir, what are the markings that you placed on the evidence that you

personally recovered?

W – That recovered from Frederick abellano, I marked it AJF1/FA 10-17-2018.

F – how about the evidence that recovered from tobias? What markings did you

placed there sir?

W – For tobias caigas mam I marked it AJF3/TC 10-17-2018.

F – and lastly, that for javierf Feliciano, what markings did you placed sir?

W – I marked it AJF2/JF 10-17-2018.

F – if these three items will be shown to you again would you be able to

recognize them sir?

W – yes mam.

F – at this juncture your honor considering that the drug evidences are still in

the vault of the office of the prosecutor, may we just pray that if the defense
counsel be willing to stipulate that if presented to this witness he will be able to

recognize or identify these three plastic sachet drug evidence.

D – yes we can stipulate on that your honor, anyway it is part of the record and

already identified by the chemist your honor, subject to the submission of the

said item your honor in court.

C – alright.

F – under that commitment your honor, may we proceed?

C – proceed.

F – Mr. witness do you have documentary proof to show that indeed you

conducted an inventory of the confiscated evidence?

W – yes mam

F – what is your doc proof sir?

W – we fill up an inventory form together with our signature and we take

pictures during inventory mam.

F – if a copy of that inventory form will be shown to you would you be able to

recognize it?

W – yes mam

F – your honor may we pray that the court personnel show or prompt the

inventory form that is attacjed to the records for him to identify it.

Court personnel – Im showing it to the witness your honor.

F – Mr witness, the court personnel is showing to you an inventory form

attached to the records of the case, please go over it and tell us is that the

inventory form you are telling us earlier?

W – Yes Mam

F – Can you show where in that inventory form is your participation sir?

W – this one mam

(at this juncture the witness is pointing to his signature above the name PO1

Arby JOhn Figueroa.

F – Thank you sir, your honor, we pray that the inventory form be marked as

Exhibit E and the signature of this witness be marked as Exhibit E-1.

D – provisional your honor, the documents attached to the records is a mere

photocopy, your honor.

F – also your honor, we also pray that the drug evidence as admitted earlier be

marked as Exhibit D respectively for, abellano tobias an Feliciano, we pray that

this will remain on the records.

C – A minute fiscal, the Court interpreter is directed to indicate at the back of

the order all the documents marked for easy reference, the court interpreter

knows that she has been doing that for fa long time.

I – yes your honor.

C – did you get that?

I – yes your honor.

C – Alright, so that it would be easy for the public prosecutor to just checked

on the case folder all the documents and the object evidence that were marked

during trial. This court has been doing it for a long time, make sure that you

still doing it.

I – yes your honor.

C – continue fiscal.

F – thank you your honor. Sir other than the inventory form that you said you

executed do you have any proof that indeed was conducted in the presence of

your witnesses, the media representative and the Barangay Official?

W – Yes mam, we have a picture during the inventory ma’am.

F – Again your honor, we pray that court personnel, confront the witness with

the photograph attached to the record of the case depicting the inventory

taking.

C – show it to the witness.

Court personnel – showing to the witness your honor.

F – Sir, please look over these photographs, are these the pictures that you

were referring to earlier, as proof or evidence that an inventory was conducted?

C – avoid leading questions fiscal, avoid leading question.

F – I am sorry your honor, I will rephrase that your honor. Sir, what is the

relation of this, to the picture that you said your evidence.?

W – this picture prove that we conducted an inventory mam.

F – can you point to that picture the image of the accused?

W – behind ka maeng and kagawad are the three accused mam.

F – can you point to the image the opucture of ka ameng amam,

W – this is ka maeng, the media representative mam

F – how about the brgy officical, can you point to that picture his image?

W – this one mam, beside Ka maeng Mam.

F – tell us are you also depicted in that photgraph

W– yes mam, this is me mam (the wotness is pointing to this picture seated in

front

F – how about your buddy sir is he also depicted in that picture sir?

W – Yes mam.

F – Your honor may we pray that this picture that has just been identified by

the wintess be marked as Exhibit F and the images of the three accused be

marked as F-1, F-2 and F-3 the imgae of ka maeng be marked as F-4, the

imgae deoiucted of the brgy oiffiucal as F-5, his own imgae as F-6 the imgae

depicted of that officer loza be marked as F-7 your honor.

C – alright, marked it.

I – yes your honor.

F– sir after cionducting the inventory at the PCP 1, what happened next after

that?

W – we borught them to SDEU Office mam.

F – what happened at the SDEU office?

W – we turned ove the recovered evidence to the investigator mam

F – cab you still remember sir, who is the assigned investigator in this case?

W – it is PO1 Sabmaquen Mam

F – And after turning over the confiscated evidence to Officer Sabmaquen what

happened, if any?

W – He prepared all the necessary documents for the turn iver mam

F – Were you present when the necessary documents for the turn over was

prepared by PO1 Sabmaquen?

W – tes mam

F – can you tell us what are those documents he prepared if you can still

remember?

W – yes mam

F – what are those sir?

W – the turn over for the crime lab mam

F – okay, what more sir?

W– the booking sheet mam.

F – okay, what else sir?

W – mug shot mam

F – anything else sir?

W – no more mam

F – alright, you say that you turn over to the investigator the confiscated

evidence in this case, do you have proof to show us that indeed the evidence

was turned over to the inestigator?

W – yes mam.

F – What is your proof?

W – in the case folder mam is a turn over mam

F – If this turn over will be shown to you woulf you be able to recognize it?

W –yes mam

F – may we rewuest your honor that a court personnel confront the witness

with the turn over document attached to the records of this case

W – this one mam the chain of custofdy form mam

F – where in that custofy form does it show, that you turn over the evidence to

the investigator? Can you point?

W – this one mam, the received by PO1 sabmaquen mam.

F – And where in that document does it shows that you are the one who turn

over to the investigator PO1 sabmaquen the evidence?

W – this one mam the turn over by PO1 Arby John Figueroa.

F – you honor, we array that this chain of custody form attached to the records

be marked as Exhibit G and the signature of this witness be marked as G-1

and the signature of sabmaquen be marked as G-2.

D – provisional you honor.

F – After hsving turn over the confiscated evidence to the investigator, what

happened after that sir?

W – we went to Valenzuela crimelab

F – what is the purpose for you to proceed to Valenzuela crime lab

W – to turn ove the recovered evudebce mam.

F – what happened st the Valenzuela crimelab sir?

W – we turn over the evidence mam

F – to whom did you turn over the evidence sir?

W – it is the investigator am who turn over the evidence mam

F – can you show in the chain of custody, where it is indicated that the

evidence was turn over to the Valenzuela Crime Laboratory, can you point sir?

W – this mam, received by PCI Mark Allain Ballesteros.

F – and can you point where in the document does it show that the investigator

is the one who turn over the evidence to PCI Ballesteros?

W –this mam, turn over by PO1 Francis Sabmaquen.

F – you honor we pray that those were pointed by this witness be marked as

exhibit H, the name of PCI balle be markjed as G-3 and the name as turned

over by PO1 Francis Sabmaquen be marked as G-4, we are done with this

witness your honor.

C – Cross?

D – yess your honor, before I proceed your honor may I move your honor for

the exclusion of the other witness inside the court room your honor.

(other witness being excluded)

D – already excluded your honor, with the kind permission of the Honorable

Court, may I proceed your honor.

C – proceed.

D – thank you your honor, Mr. witness in your salaysay you made mentioned

that :”we proceeded to the area of Brgy 127 Magsaysay Street, correct?

W – yes sir.
D – because there was an information that there were person cursing each

other, correct?

W – yes sir.

D – Now in your salaysay you also made mention that one of the person

Frederick Abellano, as I quote “may tama sa mukha at sumisigaw”, you

confirm that in your salaysay?

W – yes sir.

D – did you brought Mr. Frederick Abellano to the Hospital Mr. Witness?

W – yes sir.

D – was there any result of the medical examination?

W – there was sir.

D – and if that medical certificate will be shown to you would you be able to

identify the same?

W – yes sir.

D – I am showing tot you mr. witness, is am medical certificate of Frederick Abellano which is attached

to the records, do you confirm that this is the medical certificate of Mr. Abellano

W – yes sir.

D – The reason that you brought Mr. Abellano to the hospital because his face was injured?

W – yes sir.
D – Mr. witness in the medico legal certfificate of Mr., abellano, do you confirm that the diagnosis is no

visible sign of external injury?

W – yes sir.

D – your honor may I moved that the medical certificate of Mr. Frederick abellano be marked as our

Exhibit 1 and as common exhibit your honor. Likewise the diagnosis “no visible sign of external injury be

marked as 1-A ytour honor.

C – granted.

D – now mr. witness, the persons of tobias caigas, Frederick Abellano and Javier Feliciano having an

alarm and scandal in the area, did you file a case against them for alarm and scandal?

W – yes sir.

D – what happened to that case?

W – the last time that I attended sir, I was cross examined in another case.

D – it was raffled in what court Mr. witness?

W – its fiscal orayo sir.

D = now you made mention that you werer able to recover a kigtchen knife

from Frederick abellano is that correct?

W – it was not me sir

D – who is the police officer who was able to recover the kitchen knife?

W – It was jemuel loza soir.

D – by the way mr. witness when you proceeded to the area, can you please

state to us how long were you able to reach the area after the concern was to

your office?

W – it reaches 10 minutes sir

D – after arriving at the area were there any brgy tanod or brgy police present?

W – none sir

D- but you are sure that these two persons were cursing each other, correct?

W – they were three, sir.

D – three, by the way you made mention that Mr. Abellano suffered an injury

on his face correct?

W – “galos” sir

D – were you able to know who inflicted the injury against accused abellano?

W – no more sir, when we arrive sir we already saw it sir.

D- did mr. abellano filed a case against the person who inflicted the injury?

W – no sir.

D -you made mention mr. witness that you were able to recover a heat-sealed

transparent plastic sachet from the three accused.

W – yes sir.

D – first one is from Mr. abellano correct?

W – yes sir

D - In fact you mention that after recovering the same, you put it in your right

pocket

W – yes sir.

D – you also recovered a heat sealed from Javier feliciano correct?

W – yes sir

D – and you also recovered aheat sealed form tobias caigas

W – yes sir.

D – Am I correct that you also put those two heat-sealed plastic sachets you

recovered from tobias and feliciano in your right pocket?

W – No sir.

D – where did you put it?

W – on my left pocket sir

D – in other words, in your right pocket is the heat sealed recovered from

abellana and on the left pocket is the two heat sealed recovered from tobias

and Feliciano, am I correct?

W – yes sir

D – Am I Correct that when you put those heat-sealed plastic sachets in your

pocket there were no markings yet?

W – none sir.

D – Are you sure that in the right pocket is the heat sealed recovered from

abellana and in the left pocket are the two heat sealed recovered form caigas

and Feliciano, correct?

W – yes sir.

D – likewise Mr. witness, during the direct examination you made mention that

when you were able to handcuffed or arrest the three person there was a

woman forcibly preventing you to arrest his son, correct?

W – yes sir.

D – and in fact according to you she was forcibly preventing you and your

buddy to arrest his son am I correct?

W – they were already handcuffed sir.

D – No just answer the question, is she forcibly preventing you to arrest his

son?

W – yes sir.

D – did you file a case against that woman?

W – no sir.

D – now you made mention about the inventory form that was identified and

marked as Exhibit E, I am showing you again the similar form and in the right

upper portion there was a vague statement correct?

W – yes sir.

D – and after that is a blank, do you confirm that?

W – yes sir.

D - in other words you did not put the date in this document, correct?

W – yes sir.

D – and likewise Mr. witness, the witnesses allegedly present during the

inventory are Ka Maeng Santos and Danilo Nocum, correct?

W- yes sir.

D – but in this document there were no date and time indicated, correct?

W – yes sir.

D – likewise there were no signatures from the accused?

F – the evidence your honor is the document itself.

D – your honor, I just want to clarify the matter and I am oon cross your

honor, I believe I can ask question pertaining to this document your honor.

C – what is the last question can you please repeat?

D – the last question is, likewise there were no signatures from the accused

stated in this document.

C – the document will speak for itself, proceed counsel.

D – thank you your honor.

C – any way the Court saw your point.

D – I think your honor that will be all for the cross.

F – I Have no re-direct your honor.

C – alright the witness is excused. How many witness you will present fiscal?

Who is your next witness?

F – I have two remaining witness your honor, PO1 Jemuel Loza and PO1

Sabmaquen your honor.

C – alright notify sabmaquen and loza for the next scheduled hearing on

February 1, 2021 at 8:30 in the morning. Subpoena the two-remaining witness

for the prosecution.

Court personnel: PO1 Loza is present in open court your honor.

C – what is the nature of the testimony of this witness fiscal?

F – PO1 loza was able to recover certain items also in the course of this

oiperation oin the affidavit he was able to recover a kitchen knife your honor

from abellano. Also he was the one who placed the accused under arrest by

handcuffing them and that is all your honor.

C – can his statement be subject for stipulation?

F – yes your honor, we would like to offer for stipulation the intended testimony

of this witness if the defense will be willing to stipulate your honor.

D- May we know what are the proposals for stipulations.

C – would you like to admit that atty. Jim?

D – yes your honor we are willing to stipulate on the matters, but first may we

know what are the proposal for stipulation?

C-Fiscal stae your proposal for stipulation with respect to police officer loza

F – For our proposal, number one 1, that he is a bona fide member of the

Philippine National Police from the date of the happening up to the present

time; that he is part of the team who arrested the two accused in this case

pursuant to the report received by their office, that he is the one who recovered

a kitchen knife from accused Frederick abellano, that he was the one who

arrested the two accused in this case. And lastly, he handcuffed the accused

and informed their constitutional rights, that is all your honor.

C – counsel?

D – your honor please, I can only stipulate all of the proposal except with the

recovery of a knife your honor.

C – alright, propound questions fiscal with respect to the confiscation of the

kitchen knife, only to that aspect, then let’s allow the defense counsel to cross

examined the witness only with respect to the confiscation of the kitchen knife,

proceed fiscal.

F – your honor in the meantime may we ask the court personnel to administer

the oath to this witness your honor

(ON THE WITNESS STAND)

P/CPL JEMUEL LOZA, 30, Married, police officer assigned at Regional Local

Force Batallion, a resident of Barangay Motocan,

ACP – the testimony of this witness, your honor, is being presented in order to

prove the material allegations in the criminal information filed against the

accused in case. Also, to identify the accused, to identify documents and prove

other matters relevant to this case, with the permission of the honorable Court

C- proceed

F – Good morning Mr. witness police officer Jemuel Loza, can you hear me sir?

W – yes mam.

F – alright sir, relative to this case do you remember having executed a

pinagsamang Sinumpaang Salaysay

W – yes mam

F – and if a copy of that sinumpaang salaysay will be shown to you would you

be able to recognize it?

W – yes mam

F – alright sir. Can I ask the Court personnel, with the permission of the

honoroble Court, to show you a copy of the Sinumpaang salaysay attached to

the records of this case. Your honor we pray that the PInagsamang
Sinumpaang Salaysay attached to the records be shown to this witness for his

identification.

(Showing to the witness the Pinagsamang Sinumpaang Salaysay ng Pag-aresto

to the witness)

F – Sir, I’m showing to you a Pinagsamang Sinumpaang Salaysay ng Pag-aresto

attached to the records, what relation has this with that Pinagsamang

Sinumpaang Salaysay ng Pag-aresto you said you executed relevant to this

case.?

W – We signed this statement mam.

F – on the third page of this PSSPA is a signature appearing on the top of the

printed name PO1 Jemuel LOza, whose signature is that sir?

W- it is mine mam

F – under your present oath do you affirm and confirm the veracity and

truthfulness of the allegations in this Sinumpaang Salaysay.

W – yes mam

F – we pray your honor that the signature of this witness appearing on the

third page be marked as Exhibit A-2, the document itself was already marked

as Exhibit A your honor.

C – alright.
F - Sir, on the paragraph eight (8) of this Pinagsamang Sinumpaang Salaysay

ng Pag-aresto you alleged and you mentioned that you were able to approach

the three persons and one of them Frederick abllenao was about to run when

your able to hear something

D – objection your honor, the question of the good public prosecutor is

misleading your honor.

F – may we know your honor what part of the question is misleading?

D – because your honor, the scenario is Mr. Abellano was about to run before

something has been discovered.

F – I am sorry, choppy.

C – atty. Jim are you objecting?

D – yes, your honor because the testimony of the witness in his sinumpaang

salaysay is that the accused abellano was about to run and the arrest just

made before something was discovered your honor.

C – the Court cannot hear you.

F – “putol-putol” choppy atty. Jim.

C – we cannot hear you, it is not clear.

D – Your honor the question of the Good public Prosecutor is misleading, based

on the sinumpaang salaysay your honor the reason of the arrest is because the
accused abellano is about to run, not because something has been discovered

in his face your honor.

C – Fiscal.

F – actually your honor, that was basically my question that when loza

approach the three male persons, one of them, Frederick Abellano was about to

run and when he was able to catch up abellano, he was able to felt something

from the waist area of abellano which “na ito ay may patalim na nakasukbit”

that a bladed weapon was topped in his waist and I am asking the witness if he

confirms that part of his testimony.

D – your honor we maintained that is already misleading

C – Alright, atty. Jim, your proper objection should be, the question is

compounded, reform your question fiscal.

F – we submit your honor. Mr. witness I will read to you the paragraph 8 of

your affidavit and please confirm to us if you confirm that statement with the

permission of the Court, “na agad kong PO1 Loza) nilapitan ang tatlong lalaki

upang isama sa aming tanggapan ngunit ang isa sa mga ito” later identified as

Frederick abellano, ay akmang tatakbo na agad kong (PO1 Loza) nahawakan at

pagkahawak ko (po1 Loza) sa kanyang damit parteng baywang ay nakapa ko

(PO1 Loza) na ito ay may patalim na nakasukbit”, my question is do you

confirm that part of your statement sir?

W – yes mam
F – and with that you were able to recover a kitchen knife from Frederick

abellano?

W- yes mam

F – what did you do with the kitchen knife that you were able to recover from

Frederick abellano?

W – I confiscated it mam

F - after confiscating the kitchen knife what else did you do, if any?

W – when we are at the PCP I marked it Mam.

F – what marking did you placed with the kitchen knife?

W - _____ with signature mam.

F – after marking that when you were already at the PCP 1, what happened

after that sir?

W – we filed it sir and it was in Branch 52 mam

F – your honor, I believe that is all that has relation with the confiscation of the

kitchen knife and I am done with this witness your honor.

C – Cross.

D – yes your honor, with the permission of the honorable court, may I proceed

your

C – proceed.
D – In your salaysay you made mention that you come near TO THE three

preson and your about to, as I quote “isama saaming tanggapan”, do you

confirm that?

W – yes sir.

D – am I correct on my understanding that you were just inviting these

persons?

W – at that time sir, we were not able to bring items used for making the

evidence, so we proceeded to the precinct

D – so you mean to say that the reason you ask them the word “isama”

because you do not have any marking equipments for the paraphernalia at that

time?

W – yes sir.

D – but do you agree with me mr. witness that at this time the three accused

were not yet arrested, correct?

W – they were arrested sir.

D – but you say in your salaysay Mr. witness, “nilapitan”, you just came near

and you did not mention about the arrest, correct?

W – yes sir.

F – at this juncture your honor, may we ask the counsel to confront the

witness in the portion of his salaysay htat he is referring to, because I believe
your honor htat this witness is mislead by the question, we ask the counsel to

point to the witness the particular portion od the salysay that he is referring to.

D – yes your honor I am doing it right away your honor. Do you confirm Mr.

witness that in your salaysay you Made mention “ na agad kong nilapitan ang

tatlong lalaki, am I correct?

W – yes sir

D – and “isama sa aming tanggapan”, correct?

W – yes sir.

D – in other words, you just come near to the three accused, at that time they

were not yet arrested, correct?

W – because somebody called up in our station sir, that there were three

persons quarelling sir.

D – your honor please, we moved to strike out, not responsive to the question

your honor.

C – we cannot hear you.

F – I did not hear the question.

D – so you don’t have intention to arrest the accused, correct?

W – none sir.

D – now when the accused, according to you was about to run, that’s the time

you arrested him right?

W – yes sir.

F – atty. Jim the line is choppy, I did not get that.

D – alright, mr. witness when the accused was about to run, that is the time

that you arrested them, right?

W – yes sir.

C – Fiscal.

F – yes your honor.

C – are you having a hard time?

F – yes your honor, choppy na po yung certain portions.

C – Atty. Mano.

Court personnel: yes your honor, our line is clear your honor.

C – no the problem is we could not hear you, the public prosecutor could not

properly object to the questions of the defense, you reset the continuation of

the cross examination of this witness.

F – yes your honor.

C – we don’t want to stress the public prosecutor, the court is also stress. Let’s

reset, any way the prosecution already present one witness for this case. Reset

the continuation of the cross examination of witness Jemuel Loza on the next
hearing and notify the other wtiness, for him to be presented by the public

prosecutor also.

4. 109318-19

ACp – for the government your honor.

D – for the accused your honor.

F – you rhonor wee have a ready witness your honor.

C – alright proceed fiscal.

F – present your honor is P/Cpl Roger lagarto your honor. May we ask that the

oath be administered toi him.

PCPL ROGER LAGARTO, 34, police officer assigned at PCP 6 sta quiteria

F – the tesimton of this witness your honor is being offered in order to prove

the material allegation in the criminal information filed against the accused in

this case. Also to identify the accused and to identify certain documents

pertinent to this case and to prove other matter relevant thereto, with the

permission of the honorable Court.

C – proceed.

F – your honor before we proceed with our presentation we wouldlike to offer

for stipulation the intended testimony of this witness considering that he is the

police investigator assigned in thiscase.

D may we know what are the prposals for stipulations your honor?
F- the proposalsfor stipulation you honor is that, he is member of the

Philippine National Police during the arrest of the accused Michael Evasco up

to the present time; He can identify the accused as the same person turned

over to him by the arresting officer; He can identify the evidence recovered from

the accused which was also turned over to him; He prepared pertinent

documents in relation to this case, and he can identify the same, your honor.

D – all are stipulated your honor.

C – counter stipulations.

D – your honor for the counter stipulations, that the witness being the

investigator has no personal knowledge on the facts and circumstances of thw

arrest fo the accused. Second your honor, he has no personal knowledge on the

facts and confiscation of the item from the accused. And Lastly your honor,

during the investigation the accused was not assisted by a counsel.

F – admitted your honor.

C – alright, we dispensed the testimony of this witness your honor. Witness si

excused. How many more witness you will be presenting fiscal?

F - one remaining witness PCPL robinson Atad your honor.

C – last witness fiscal?

F – yes your honor.

C – notify the last witness for the prosecution of the next hearing on January

27 at 8:30

Roger Lagarto,