Clerk 0112

o Clerk: Witness is pointing at the man wearing an inmate uniform.
Will the
man rise and state his name
o Pakilala
- Cross examination
o Judge: Defense do you have any questions for cross examination?
o Yes, your honor.
o MS. Witness are you living alone?
o Yes I was alone. Parents out of town. Busy with paperwork forgot to lock
door
o You stated earlier that the incident happened at 11pm and you turned off
the lights is that correct.
o Yes
o So how did you recognize the person who assaulted you?
o I saw him from the reflection of lights
o How can you be certain it was him
o I am familiar with his built
o SO it’s just an assumption that the accused is the one who assaulted you
based on his built?
o No, I also saw his face.
o I see that’s all your honor
- Re-direction
o Your Honor would you like to redirect.
o Yes your honor
o Proceed
o Ms. Witness how were you able to ascertain that it was the accused who
raped you granted that it was dark when it happened
o As I previously said ma’am reflection of light was enough fir me to se his
face.
o Was there any distinguishing mark that which would enable to
establishthat it was the accused that forcibly entered your house and hit
and rape you?
o Yes maam.
o And what is that
o HE has a treble tattoo on his face
o Your honor, may we ask this honorable court to make the accused stand?
o Will the accused please stand?
o Now, Ms. Witness, will ou please describe the face of Mr. Abueva?
o It was ugly. I will never forget that face for my entire life bc he raped me.
o Do yu see the distinguishing mark in his face?
o Yes maam
o What mark is that.
o IT’s a treble tattoo ma’am.
o No further questions, your honor.
o Any request from the defense council?
o None your honor
o No further questions your honor
o The witness is now excused
o Uupo na si witness.
- Prosecution second witness Neighbor
o With the permission of this honorable court, may we call the second
witness your honor?
o Call your next witness council.
o Our second witness, Your Honor, is Mr. Second Witness. Neighbor and
childhood friend of Ms. Victim who rescued and helped her when the
incident happened in October 28, 2019.
o Swearing
o Where were you on the night of oct 28, 2019
o Details. Anong ginagawa niya that time patulog na daw narinig niya
sumisigaw.
o Objection. The statement of the witness includes narrative answer
o Sustained.
o Were you alone at night or with somebody
o I was alone bc my parents live in the city
o Did you observe something unusual that night?
o Objection. Speculative.
o Sustained
o What happened that night when you were about to sleep.
o I heard someone. Shouting for help.
o What did you do then?
o I tried to find and observe where it was coming from and who it was
o And what did you find out.
o I found the voice came from the house of the victim.
o What did you do when you confirmed
o I went to her house details Nakita niya nirerape. She kept saying cyrus
raped me then lost consciousness. I immediately ran her to the hospital
 Questions in between.
o Is he present in the courtroom? Can you please point at the accused?
o Were you friends with the accused
o Yes we were childhood friends
o Tell us a little about the accused
o I knew she was courted by accused
o Do you know if the accused has been previously convicted or part of any
crime
o Objection. Speculating on the part of the accused
o No further
- Defense cross
o Any cross examination for the defense?
o With the permission of the court your honor
o Proceed.
o You mentioned earlier that you immediately responded to the shout of the
victim the moment you heard is that correct?
o Yes
o Do you still remember what time it was
o Aroung 11pm
o Did you see anybody else inside the house?
o No ma’am. The victim was leaving alone for a week already.
o I see. What did you see when you saw the complainant
o I saw accused on top of naked body of victim
o Didshe tell you who did it to her
o Objection. Repetitive. Sustained.
o Do you know the complainant fell in love with the accused
o No
o Do you know that the complainant and acused were in a relationship?
o No
o That is all.
o Any redirect?
o None your honor
o Witness may now be excused.
- Third witness medico legal
o HIGHLIGHTS:
 Asked about education, training, what he does as medico legal,
how many times he was star witness for rape cases
 After examinatiohe made a report
 Prosecution shows document with medical legal report. What is the
relation of this document to the report you just mentioned? IT’s the
same document.
 And whose signatures appear in the document? Mine
 We pray your honor that the medico-legal be marked as exhibit b
and the signature appearing in this docu be marked as exhibit b1.
Mark it.
 That he may be qualified as an expert witness? Admitted.
 Lacerations in document.
 When the incident happened and next day he examined
 Injuries are compatible with the date of infliction.
 Vaginal swab findings positive result for spermatozoa
 No further
 Asked by defense bakit walang ginawa na test kung kanino sperm,
walang machine.
- Defense witness
o Judge: We will now proceed the presentation of the witness fo the
defense. Call your witness, council
o For our first witness, we request to the stand Mr. Cyrus Abueva.
o Cuffs are taken off for swearing
o Statement of defense council why witness is on stand.
 To prove that he was at his house when the incident happened.
o Occupation, daily activities, living with brother, what did you do that night.
o Summary by defense of what happened on that day on account of
defendant.
o Relation to complainant
o Why he thinks he is being accused by complainant
o Objection speculative. Sustained.
o Rephrase. Can you think of any reason why complainant is accusing you
of rape?
o No
o No more questions
- Defense cross examination
Any cross examination from prosecuti

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o Clerk: Witness is pointing at the man wearing an inmate uniform.

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