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Rape
People vs. Garcia
CHARACTERS:
Ma. Lilia Gemmilyn Borromeo Prosecution Counsel
Marco Mendoza Prosecution Counsel
Vina Grace Mejia Complainant
Jennifer Lizano Mother of Complainant (Prosecution Witness)
Lindy Ablana Expert Witness
Carlo Valeza Defense Counsel
Aya Soria Defense Counsel
Radney Garcia Accused
Jayson Obiles Bishop (Defense Witness)
Mark Magallanes Barangay Captain (Defense Witness)

PROSECUTION
Direct Examination of the Victim by Atty. Gem
Borromeo
Q:Miss witness how old are you?
A:I am 24 years old maam.

Q: Do you work?
A:Yes maam. I am a teacher of Scuola Bambino Elementary School in
Brgy. Isabang, Lucena City.
Q: Do you have a family?
A: I am a mother of a 7 - year old boy but I am unmarried maam.
Q:Miss witness why are you in this court today?
A: After what happened on December 7, 2007, I talked to my mother
and after contemplating what to do, we decided to file a case against
Fr. Garcia.
Q: What proof do you have that you filed this complaint for a rape
case?
A:I have my sworn statement maam.
Q: Do you have this sworn statement with you miss?
A: Yes maam.
PROSECUTION: We asked that this two-page affidavit be marked in
evidence as Exhibit E your Honor.
Q: What happened on the day of December 7, 2007?

A:On December 07, 2007, I went to the church because I am a


commentator in the 6am mass that Friday morning.
Q: After the mass did you stay at the church?
A: I was left alone to assist Fr. Garcia in the sacristy. As I was folding
Fr. Garcias sutana to place it inside the priests bag, I felt his hand on
my right shoulder.
Q: Why did he do that?
A: I turned to face Father Garcia to ask why but I was astounded when
he stroked the left side of my face with the back of his hand. Then he
said, Maganda ka, Vina. Magandang maganda. When Fathers hand
moved down to my neck, I struggled to protest but his hand was
quick to cover my mouth.
Q: What happened than?
A: He then told me, ShhhIsipin mo nalang para kay Victor. Then he
pushed me against the wall, lifted my skirt with his free hand and
managed to have carnal knowledge.
Q: Please proceed miss witness.
A: Afterwards, he instructed me to calm down and fix myself. Shocked
and unable to fully comprehend what just happened, I obeyed.
Q: Did he do anything else?
A: He wiped my tear-stricken face with his white handkerchief and
hugged me tight, telling me to stop crying. I knew he will not let me
go if I didnt stop crying so I tried to calm myself the best way I could.
When I was pacified and composed, he walked me outside the sacristy
towards the exit at the back of the church.
Q: Is that all?
A: He told me that we must act as if nothing happened and that no one
must know. With his hand on my shoulder, it appeared as if he was just
consoling a penitent.
Q: Who is this HE you are referring to in your story?
A: Fr. Garcia maam.
Q: Is this Fr. Garcia in this court room today?
A: Yes maam.
Q: Can you point who he is?
A: Thats him maam.
Witness breakdown
Q: You said earlier that Fr. Garcia raped you, can you be more specific
on how did Fr. Garcia raped you?

A: Fr. Garcia pushed me against the wall and held me at my wrist. I


struggled to free myself
from him but he is so strong.
Q: What did he do then?
A: He then hit me several times on my stomach and told me that my
son will be removed as a beneficiary of his fund raising concert if I will
not give in to his demands.
Q: Did you fight back?
A: I was in a state of shock as it never cross my mind that the person I
have trusted the most is the man who is abusing me that moment.
Q:In your story what do you do you understand when Fr. Garcia said
para kay victor?
A:One of the current projects of the accused is a fund raising concert
wherein he and the
church choir will be performing. The proceeds of said concert will go
to the 120
malnourished children of Purok Masigasig, a nearby urban community
in the parish, who
needs special care and medical treatment. My son who has polio is
one of the beneficiaries of
the concert.
Q: Was there anyone who could have heard you and the accused or
could have seen you and the accused?
A: It was a hectic day for the parish as there were 2 baptismal
ceremonies to be held that morning and a wedding in the afternoon
and a house blessing.
Q: And so?
A: All the other servants in the church were busy with the church
decorations and other preparations for that day so I was left alone to
assist the Fr. Garcia in the sacristy. No one could have bothered if ever
they have heard something.
Q: Is this the 1st time the accused did this to you?
A: Yes maam.
Q: Before the incident on December 7, 2007, were there any
indications that the accused is capable of doing such crime?
A: None maam.
Q: How did you know the accused?
A: I am an active member of the Mother Butler Guild which is a
pastoral organization incharged with the wardrobe of the priest as well as in arranging the

altar.
Q: Anything else?
OBJECTION
A: I am also a commentator for the 8am and 8pm masses every
Sunday as well as the 6am masses every morning during Mondays,
Wednesdays and Fridays. As such, I and the other members became
close friend of Father Garcia and we are often seen chatting before
and after Eucharistic celebrations and in other church activities.
Q: How long are you working with the accused as a member of mother
butler guild?
A: 5 years maam.
Q: How many times do you see the accused in a week?
A: Four times a week maam whenever there is a mass.
Q: How often do you have close interface with the accused?
A: Every time I see him we usually have small chats before and after
the mass.
Q: Did you notice any extraordinary dealings of the accused with you
during those interactions?
A: None maam.
Q: After what happened in December 7, 2007, what did you do?
A:I immediately went home after the said incident and when I saw my
mother I told her
what Fr. Garcia did to me.
Q: What did your mother tell you?
A: At first she was also shocked as she did not expect that it would
happen to me. She told me not to tell anyone yet. However, the next
morning, she asked me to report the incident to the police station.
Q: Why did she finally decide to report the said incident?
A: She said I should not be afraid and be ashamed of what our
neighbors would say.
Q: Is that all?
A: She likewise told me to not to be discouraged even if people from
our town would not believe me since Fr. Garcia is well-loved by his
parishioners.
Q: By the way who is your mother?
A: Jennifer Lizano maam.

Q: Did your mother know Father Garcia?


A: Yes maam. She is also an active member of the mother butler guild
before I gave birth to
my son Victor.
Q: When did you report what happened on December 7, 2007?
A: Dec.8, 2007
Q; What prompted you to file a case against Fr. Garcia?
A: I know a lot of people would not believe me because I have a son
out of wedlock. I was
judged before to be a woman of loose morals but
OBJECTION: UNRESPONSIVE TO THE QUESTION.
COURT: Answer directly the question witness
A: I fear for my co parishioners who are serving Fr. Garcia. He
deluded us into thinking that he is a true guardian and protector of
most people in our town. I dont want other people to be Fr. Garcias
victim of his lewd design.
Q: Were you examined by a doctor after the incident?
A: Yes maam.
Q: When were you examined?
A: December 8, 2007.
Q: Do you recall who examined you?
A: Dr. Lindy Ablana, our MEDICO LEGAL OFFICER, PNP CRIME
LABORATORY of LUCENA CITY.
Q: Do you have a medical report prepared by Dr. Ablana?
A: Yes maam.
PROSECUTION: I think that would be all your Honor.

Cross Examination of the Victim by Atty. Aya Soria


DEFENSE: You said in your direct testimony that Father Garcia
pushed you against the wall, right?
A: Yes maam.
Q: At the time you said he pushed you, where were his hands placed?
A: His hands were holding both of my hands.
Q: What do you mean holding both of your hands?
A: He pinned me against the wall. His right hand was holding my left

hand against the wall while his left hand was holding my right hand
against the wall.
Q: At about this time, where you scared that Father Garcia is desiring
something bad from you?
A: Yes Maam. It was the first time that something like that happened.
And I was really scared when he was being aggressive.
Q: At the time he was holding you against the wall, where you
standing up?
A: Yes maam.
Q: In that standing position, where your feet free from any restraints?
A: Yes maam.
Q: Did you at least put up a fight and used your free feet to be freed
from the hands of father Garcia?
A: No Maam. He was overpowering me and I was really afraid,
shocked and scared at that moment.
Q: You mean to tell me that at the time you had the opportunity to
free yourself and you did not take it?
A: No Maam. At that moment I was in a state of shock that I was
stunned and my body was just numb.
Q: You also said in your direct that he pulled your undergarment by
using his free hand, how did he restrain you and at the same time
remove your underwear?
A: He used his right hand to get a grip of both of my hands and used
his left hands to remove my underwear.
Q: All this time you did not resist or shout?
A: No maam. As I said I was in the state of shock.
Q: How did he remove your underwear?
A: He used his left hand maam.
Q: you mean to tell me that while he was pinning you against the wall
and holding your hands up, he managed to bend and remove your
undergarment.
A: Yes maam.
Q: Do you wish this court to believe that at that position the can do
both things at the same time, the restraining and the removing of the
undergarments?
A: Yes Maam.
Q: How tall are you Miss Mejia?
A: about 5 tall maam.

Q: How tall do you think is Father Garcia?


A: I think about 5 7 maam.
Q: So the difference between your height and his is only about 7
inches right.
A: Yes maam.
Q: Isnt it impossible for a man not so tall to be able to pin you against
the wall, hold your hand up, and at same time bend and remove your
undergarments.
OBJECTION MARCO: Speculative
Q: Your Honor, I am just establishing the impossibility of Fr. Garcia
pinning the victim against the wall, holding her hand up and at the
same time removing the complainants undergarment.
COURT: OVERRULED. ANSWER THE QUESTION WITNESS
A: No maam. Father Garcia was able to do it. And as I keep on
repeating to you, at that moment, I was in a state of shock that my
ability to resist was weakened.
Q: You also said that Father Garcia told you not to tell anyone about
the incident, is that correct?
A: Yes maam.
Q: Did he threaten you in any way?
A: No maam.
Q: Did he threaten to hurt you or your family?
A: No maam.
Q: You mean to tell this court that after the incident he just consoled
you, told you not to tell anyone and you just left.
A: Yes maam.
DEFENSE: That would be all for this witness your honor.

Redirect Examination of the Victim by Atty. Gem


Borromeo

Q: For clarification, Miss Mejia, did the accused in anyway threatened


you during or after abusing you?
A: While I was struggling from his grip, he told me that I should give
in to his demands for my son to continue being a beneficiary of his
project.
Q: One more thing Miss Vina, why was it impossible for you to fight

back Fr.Garcia?
A: He is so strong and tall maam. Also I am also in a state of shock.

Recross Examination of the Victim by Atty. Aya Soria

Q: Did you interpret Fr. Garcia statement sssshhh..isipin mo nalang


para kay victor. as a subtle persuasion?
A: No maam. Though it sounded like a subtle persuasion maybe to
most people, for someone who is in that actual situation of being
about to be raped, it was a threat and I dont want my son to be
disqualified just because I did not give in to his demand.

Direct Examination of the Expert Witness by Atty. Gem


Borromeo
COURT: Please state your name and other personal circumstances.

WITNESS: Dr. Lindy Andre Parentela Ablana, 35 yrs. Old, married.


Medico- legal officer, PNP Crime Laboratory 7. Quezon Avenue,
Lucena City.
PROSECUTION: Your Honor, this witness is presented to identify the
medico legal report. Also before anything else, I would just like to give
some background on the competence of our expert witness. Dr. Lindy
Andrei Ablana finished her medical degree at the University of Sto.
Tomas. She took her medical board examination on 1978 and
successfully passed it with remarkable grades being a 3 rd placer of her
batch. Also, she graduated from Princeton University for her
specialization in pathology. After which, she became a part of the PNP
Crime Laboratory. Right now, she is the Chief Medical Examiner of
PNP Crime Laboratory Lucena City.
COURT: You may proceed.
PROSECUTION.: Before proceeding your Honor, may I request
counsel to admit the competence of the witness.
DEFENSE: Admitted, your Honor.
COURT: Alright, continue.
Q: Doctor Ablaa, have you examined Vina Grace Mejia?
A: Yes, maam.
Q: And when did you examined her?
A: Last December 8, 2007.
Q: Who requested you to examine Vina Grace Mejia?
A: Police investigator SPO2 Jaime Guinto maam.

Q: What was the request about?


A: The request was about the examination of the victim whether the
victim was sexually assaulted.
Q: Where did you examine Vina Grace Mejia?
A: At our office at PNP Crime Laboratory.
Q: And what was the result of your examination?
A: The findings were POSITIVE.
Q: Do you have with you your findings?
A: Yes, maam.
PROSECUTION: May I request Your Honor, please, that the Medico
Legal Report No. M-258-96, be marked as our Exhibit B.
COURT: Mark it so.
Q: Please for the record, madam witness kindly read your findings?
A: Under the heading genital: The pubic hair is copious. Labia majora
is full, convex and coaptated with the light brown labia minora
presenting in between. On separating the same disclosed an elastic
and fleshy type hymen with shallow deep-partially healed lacerations
at 12 and 3 oclock positions. The mucosal surface of the labia minora
is inflamed. And the external vaginal orifice offers strong resistance
to the introduction of the examining index finger. And the conclusion:
subject is in non-virgin state physically.
Q: There is a signature above your typewritten name Lindy Andre P.
Ablaa, M.D., whose signature is this?
A: This is my signature.
PROSECUTION: May I request Your Honor, please that the signature
of the medico legal doctor be bracketed and marked as our Exhibit B1.
COURT:Bracket it and mark it accordingly.
PROSECUTION: And the findings be marked as our Exhibit B-2.
COURT:Mark it so.
Q: In laymans language doctor does it mean that based on your
findings VINA GRACE MEJIA has been abused?
OBJECTION: LEADING
COURT: Rephrase your statement counsel?

Q: Can you interpret your findings in laymens term madam witness?


A: Based on the hymenal lacerations and the swelling of the labia
minora, these indicate that the victim had a rough sexual activity or
that she had a forceful intercourse..
PROSECUTION: That is all for the witness, Your Honor.

Cross Examination of the Expert Witness by Atty. Aya


Soria
Q: Is it possible Miss witness that the swelling be caused by their
factors?
A:

Direct Examination of the Victims Mother by Atty.


Gem Borromeo
After taking the oath
COURT: Please state your name.
A: I am Jennifer M. Lizano.
Q: And you are the plaintiffs mother, is that correct?
A: Yes.
Q: Maam, can you tell this court where you were on December 07,
2007?
A: I was at home, doing household chores and watching over my
grandson.
Q: And on this day, maam, did you notice anything unusual about your
daughter?
A: Yes. She came home looking shocked after the morning mass at the
parish where she served as a lector.
Q: Would you mind describing to this court how your daughter looked
like that morning?
A: Her hair was disheveled and her eyes were swollen as if she had
been crying hard. Her skirt was also rumpled and she just kept
looking at the same direction for a long time. She really looked like
someone raped her
OBJECTION CARLO: Last statement is a mere opinion, we move it to
be stricken from the records.

OBJECTION TO THE OBJECTION: Rule 130, Sec. 50 of the Rules of


Court last paragraph provides, the witness may also testify on her
impressions of the emotion, behavior, condition or appearance of a
person.
COURT: OVERRULED
Q: Moving on, Maam, when your daughter came home looking like
that what did you do?
A: Well, I am her mother so one look at her and I knew instantly that
something was wrong. I followed her to her room, sat beside her on
her bed and asked her what happened.
Q: Did she tell you anything?
A: At first she did not say anything, she just kept on crying. It was
hard for me to see her like that, you know. My Vina is a tough girl,
what with all the responsibilities she was forced to take at such a
young age. She seldom cried, not even at her fathers funeral.
Q: did she tell you why she was crying?
A: I saw the pain in her eyes as if she had been betrayed by someone
dear to her. When I hugged her I noticed that she was shaking. I asked
her again what happened but she was too frightened to say anything.
She just shook her head and cried. But after a while, I heard her say,
Ang sama sama niya, Mama. Ang sama sama niya.
Q: When she said, Ang sama sama niya, who did you think she
pertained to by the word niya?
A: There was only one place that Vina would go to on a Friday
morning at that hour and that is the parish church of Our Lady of
Penafrancia.. So when she came home that day I suspected that
someone from the church was responsible for my childs distress.
Q: After saying those words did Vina say anything else to you??
A: Yes. After I insisted that she tell me what happened, she reluctantly
relayed to me that Father Radney raped her.
Q: Madam witness, would you mind telling this court who your
daughter pertained to when she mentioned the name Father
Radney?
A: Of course. Its none other than that hypocrite in sutana right there!
Q: Can you please tell us his complete name?
A: Radney Garcia. I dare not call him Reverend Father because he is a
disgrace to the Catholic Church and everything it stands for!
Q: After learning that the accused raped your daughter what did you
next?
A: I was very shocked. I didnt know what to do and what to feel
because Father Radney is quite close to us all. I was worried that

other people would not believe my daughter so I told her not to tell
anyone about what happened until we have carefully thought about
our next step.
Q: Would you mind telling us what you did after?
A: The next day Vina told me that she didnt want to go back to the
church anymore. She said that she saw no point in serving the parish
anymore. I saw how the incident gravely affected my daughter so I
decided to report the matter to the police. When we came to the police
station, we were referred by the police investigator to the Crime
Laboratory so that Dra. Lindy Ablana can conduct a physical
examination on Vina.
PROSECUTION: That would be all, your honor.

Cross Examination of the Victims Mother by Atty. Aya


Soria
Q: Mrs. Lizano, how would you describe the relationship of your
daughter with Father Rad.
A: Before this incident, they were good friends. When Vina has a
problem she approaches Father Rad for counseling.
Q: Were they often together?
A: Yes maam. Vina is always in the Church to assist in the needs of the
Parish. She is very dedicated.
Q: Does she approach Father Rad if ever she has problems?
A: Yes. Before this whole incident, Father Rad is the person whom she
trusts the most (crying)but now
Q: Has this close relationship erupted rumors about the supposed
affair of your daughter with Father Rad.
A: Yes. But I dont believe any of it. The people in our place are just
envious of my daughter and her close relationship with God and the
church.
Q: Did you confront your daughter about the rumors?
A: No, I did not. I know its not true so I did not make a big deal out of
it.

Q: Isnt it true that your daughter is a single mother. Her child is born
out of wedlock.
OBJECTION: the question does not have any relevance to the issues
your honor.

Q: Conditional
COURT: OVERRULED.Proceed.
A. Yes.
Q: Isnt is also true that during the time your daughter gave birth to
her child, rumors erupted about the indecency of your daughter.
OBJECTION: Pure hearsay
A: Yes. But as I said, people in our community just love to talk.
Q: Has those rumors affected you?
A: Of course! It hurt my daughter so it hurt me too. Besides, the name
of my family is being smeared.
Q: If your daughter has an affair or feelings with Father Rad, what
would you do?
A: I will tell her thats wrong. Father Rad is a priest, he has vowed
himself to God.
Q: If you found out that your daughter has an affair with Father Rad,
would you get angry?
OBJECTION: Question is misleading. Counsel is assuming facts not
established as true.
COURT: Objection sustained.
Q: Hypothetical Question on the above question.
A: Of course! That is not morally correct.
Q: Angry enough to urge your daughter to file a rape case to save the
reputation of your daughter and your family once again.
[Objection your honordi ko alam ang ground, parang dapat
magobject eh]
DEFENSE: Nothing Further your Honor.

DEFENSE
Direct Examination of the Accused by Atty. Carlo
Valeza
Q: Mr. Witness, please state your name.
A: Im Radney Garcia.

Q: For the record, how old are you?


A: 35
Q: What is your profession?
A: I am a priest.
Q: When were you ordained?
A: In the year 2001.
Q: In the seven years that you have been a priest, where have you
been assigned?
A: I have only been assigned in Lucena.
Q: What is your designation in the parish?
A: I am the parish priest of Our Lady of Peafrancia in Capistrano
Subdivision, Brgy. Gulang- Gulang, Lucena City.
Q: What are your activities as a parish priest?
A: I oversee the parish. Basically, I hold masses everyday, performing
the sacraments. Whenever needed or upon request, I give spiritual
assistance to the people in the community.
Q: These activities that you have mentioned, do you perform them only
within your parish church?
A: No.
Q: So there are religious activities you do outside.
A: Yes.
Q: What are these activities?
A: I perform house blessings, car blessings, weddings and masses
outside the church.
Q: Fr. Garcia, do you remember what your activities were last
December 7, 2007?
A: Yes.
Q: What were they?
A: We celebrated the 6 am mass and I had an appointment for a house
blessing early in the morning at 7:30. After that, I performed two
baptismal ceremonies and then, a wedding in the afternoon.
Q: What time did the 6 am mass finish?
A: The mass ended at around 7 am.
Q: What did you do after the mass?
A: I went to the sacristy to prepare for the house blessing at 7:30.

Q: Were you alone at the sacristy?


A: No.
Q: Who else were there with you?
A: The sponsors stayed a while for a chat. The sakristans were also
there as well as some members of the Mother Butler Guild.
Q: Did they all stay while you were preparing?
A: No. They left when they knew that I was changing my clothes.
Q: All of them?
A: No. One of them stayed. Vina.
Q: And who is this Vina whom you are referring to?
A: Vina Grace Mejia.
Q: Why did she stay?
A: She offered to help me prepare my stole, sutana and holy water.
Thats what she usually does as a member of the Mother Butler Guild
but I declined because I wanted to avoid temptations.
Q: What do you mean when you said you wanted to avoid temptations?
A: I meant that I did not want to have any intimate moments with her
because we share mutual attractions and I know that it is not right.
Q: Mr. Witness, do you mean you and Ms. Mejia have a relationship
which is more intimate than that of a priest and a parishioner?
A: I know it is against the will of the church and against my vows but
yes, we do have a relationship and we do love each other.
Q: When did this relationship begin?
A: It began during the first days of December 2007 when we were
alone in the sacristy, while she was preparing my things, like what has
happened on the seventh of December, the same year.
Q: So you claim Mr. Witness that you and Ms. Mejia have agreed to be
lovers from then on?
A: Yes.
Q: Mr. Witness, do you have any proof of this special relationship
between you and Ms. Mejia?
A: We have a bracelet which she has given me.
Q: Is this the bracelet you are referring to?
A: Yes sir.
Q: Your Honor, may I request to have this bracelet be marked as
Exhibit 1. Mr. Witness, I noticed that there are some engravings on
the bracelet. Could you tell this Honorable Court what these

engravings are exactly?


A: She had those words engraved there. It reads Radney & Vina
Forever.
Q: Your Honor, may I ask that these engravings reading as Radney &
Vina Forever be marked as Exhibit 1-A.
Q: Going back to December 7, 2007, what happened after you
declined her offer to help?
A: She insisted help so I let her fold my sutana and stole.
Q: Did you notice anything unusual while she was folding your sutana
and stole?
A: Yes.
Q: What did you notice?
A: I heard her sobbing.
Q: When you heard her sobbing, what did you do?
A: As a man of God, I cannot bear to see anyone crying so I
approached her to comfort her and asked her whether there was
anything wrong.
Q: What happened next?
A: To my surprise, she suddenly turned and hugged me around the
waist.
Q: And how did you react to this?
A: I felt awkward but I cannot just shove away a crying woman. So I
asked her again whether there was anything wrong.
Q: Did she say anything?
A: No. She just cried.
Q: So what happened next?
A: I gently pushed her away and I offered her my handkerchief to wipe
her tears.
Q: What did Miss Mejia do?
A: She asked me, Maganda ba ako, Rad?.
Q: What was your response?
A: I told her that she was very beautiful. And I really thought that she
was beautiful, which is the reason why I liked her. Then I asked her
whether her problem was her son to.
Q: What was her response?
A: She just shook her head and hugged me again.
Q: Could you demonstrate to this honorable court how she hugged

you?
A: (demonstrate)
Q: How did you react?
A: I felt awkward because I was afraid someone might see us. So I
gently pushed her away.
Q: Were you able to push her away?
A: No.
Q: Why not?
A: When I tried to push her away, she tightened her grip even more.
Q: What happened next?
A: She firmly held my head and kissed my lips.
Q: What did you do?
A: I wanted to get away from the situation because I know it was
wrong but I cannot because as I said a while, I love her and we have a
special relationship.
Q: What happened after you kissed?
A: We made love.
Q: Was there any resistance on the part of Ms. Mejia?
A: None at all. As I said, she was the first one who kissed me.
Q: So you claim that this lovemaking was consensual on you both?
A: Yes.
Q: If that is so, and you said that you love each other, can you think of
a reason or a motivation on the part of Ms. Mejia for filing this case
against you?
A: Maybe she was angry because she wanted me to leave priesthood
and to marry her. She said that if I did not choose her, she does not
know what she might do.
Q: When did she mention this statement?
A: That same day.
Q: In other words, she made you choose between your vocation and
her?
A: Yes.
Q: Apparently and evidently Fr. Garcia, you did not leave your
vocation, right?
A: Yes, I did not leave priesthood.
Q: And you think this is sufficient to make her file this case?
A: I think so. She was very eager for me to leave priesthood such that

when I told her that I have not yet decided about the matter, she got
mad and said that if I do not decide to be with her, she might do
something which I will regret.
Q: When did she make this statement?
A: That same day.
Q: When exactly on that day?
A: After we made love.
Q: What happened after?
A: She was very angry and she immediately left the sacristy.
Q: What did you do when she left?
A: I hurriedly set off for the house blessing as I was already late for
that appointment.
Q: After Dec. 7, 2007, did you and vina meet anywhere aside from the
commencement of this case against you?
A: No sir. I tried to look for her in the churh but she is attending
masses anymore.
DEFENSE: That will be all, your Honor.

Cross Examination of the Accused by Atty. Marco


Mendoza
Q: Mr. Witness, you said you and the complainant are lovers, is that
correct?
A: Yes, your honor
Q: and this relationship started in the early days of December 2007, is
that correct?
A: Yes, your honor
Q: Mr. Witness, you said you had sex with the complainant on
December 7, 2007, is that correct?
A: Yes, your honor
Q: How about after December 7, 2007?
A: No, your honor
Q: Mr. Witness, if your relationship started in the early days of
December and let us say it started on December 1, so you mean to say
that in less than 7 days you already had sex with the complainant?
A: Yes, your honor
Q: That is incredible but unbelievable your honor!
OBJECTION: All speculations your honor, there is no basis for the

counsels statement.
COURT: SUSTAINED. Strike from the records. Lets go to another
point.
Q: Again, Mr. Witness, you said you and the complainant are lovers,
correct?
A: Yes sir.
Q: Do you any other proof of that you and my client are lovers other
than the cheap bracelet you have bought at the market on your way
here?
OBJECTION: MISLEADING
A: thats the only proof of our love.
Q: Do you have any to proof that the said bracelet came from Vina like
a receipt maybe?
A: None sir.
Q: One last point Mr. Witness, when lovers quarrel over some matters,
how do think you they normally settle their differences?
A: They meet and talk to each other.
Q: Yes yes and they do not simply file a rape case right?
PROSECUTION: No further questions your honor.

Direct Examination of Co-Priest Jayson by Atty. Carlo


Valeza
Q: Mr. Witness, would you please identify yourself?
A: I am Monsignor Jayson Obiles OSM. I head the Lucena diocese
from which Fr Garcias Parish belongs to.
Q: Would you describe your professional relationship with Fr Garcia?
A: As the head of the diocese, Fr Garcia regularly reports to me the
developments on his Parish. He also consults to me any decision
regarding the administration of his Parish.
Q : Can you describe to me your personal relationship with Fr Garcia
if any?
A: Well, He is also my personal friend. I treat him like a younger
brother, and I understand that he considers me his mentor in serving
the in the priesthood.
PROSECUTION: Objection your honour, the witness is disqualified to
testify because he is a priest and his religious inclination will make

him an unreliable witness. He also admits that he is a close friend of


the accused and that will further disqualify him as a witness because
he is interested in the outcome of the case.
COURT: Objection overruled. Religious belief and interest in the
outcome of the case is not a ground for disqualifying a witness.
Q: Prior to the alleged rape of the victim, do you have any information
on the relationship of Fr Garcia and the Complainant?
A: Yes Your Honour. Prior to the alleged rape, I often hear news or
maybe gossip is the more appropriate term , that Fr. Garcia and the
complainant has a romantic relationship.
PROSECUTION: Objection Your honor! The testimony is Hearsay.
COURT: Objection sustained.
PROSECUTION: Your honour I move to strike out of the record the
answer of the witness.
COURT: Motion granted. The answer is hereby stricken out of the
records.
Q: Do you have other information regarding the relationship of Fr
Garcia and the complainant prior to the alleged rape?
A: Yes Sir. I can vividly recall that there was a time that Fr. Garcia
came to me and confided that he is torn between two loves of his life.
He told me that he is falling in love with a member of his Parish and as
a result, he is having doubts as to whether it is indeed Gods will to
serve Him as a priest.
Q: What did you say after he confided to you his problem?
A: I told him to pray and meditate on the matter and commit
everything to the Lord.
Q: Mr. Witness did you receive any information regarding the alleged
sexual intercourse between Fr Garcia and the complainant?
A: Yes Sir. After the incident, Fr Garcia went to me and confessed that
He violated his vow of celibacy. He said that he was not able to fight
of the temptation due to the persistent and seductive advances of the
complainant as such, they consummated their forbidden love with all
passion at the sacristy.
PROSECUTION: Objection your honour, the information was obtained
by the witness in his capacity as a priest while the accused was
making a confession. As such, it is privileged and the witness cannot
be examined on the information he received through the said
confession.

Q: Your honour the right to invoke the privileged character of the


communication belongs to the person who made the confession and
the privileged character of the confession may be waived by the
person entitled to the privilege. The fact that the accused himself
presented the witness shows that he already waived the privileged
character of the communication, and there is no impediment in
receiving said testimony.
COURT: Objection Denied. The Person entitled to the privilege already
waived said privilege.
Q: What else did the Fr. Garcia confessed to you during said
confession?
A: He said that as a result of his violation of the canon law, he is
seriously contemplating of leaving the priesthood and to start his own
family with the complainant together with her son victor. He said that
he still intends to serve the church, but no longer as a priest.
DEFNSE: No further question your honor.

Cross Examination of the co-Priest Jayson by Atty.


Marco Mendoza
Q: Mr. Witness, Do you belong to the same Order of that of Fr.
Radney?
A: Yes, your honor. The Order of St. Benedict.
Q: As a matter of fact you and Fr. Radney are close friends, is that
correct?
A: Yes, your honor.
Q: You are also his superior, correct?
A: Yes, your honor.
Q: Mr. Witness, are you aware of any other gossips, stories, scandals
involving your Order?
A: Yes, your honor but I dont personally believe them.
Q: Before this present case, do you have any knowledge of the scandal
brought about by this case?
A: Yes, your honor. Fr. Radney confided it to me.
Q: and as a superior of Fr. Radney, did you conduct any investigation
on this matter?
A: No, your honor.
Q: Because you wanted to keep this scandal a secret as your Order is
plagued with other similar scandals?

OBJECTION: MISLEADING
A: No.. no, your honor.
Q: Your honor, the witness is testifying in favor of the accused to
protect not only his dear friend Fr. Radney but also the Order in which
they belong.
OBJECTION: Strike from records
PROSECUTION: No further questions your honor.

Direct Examination of the Barangay Captain by Atty.


Carlo Valeza

Q: Mr. Magallanes will you please identify yourself.


A: My name is Mark Magallanes, incumbent Brgy. Chairman of Brgy.
Gulang Gulang, Lucena City.
OBJECTION: relevance, not competent to establish reputation of the
accused.
Conditionally accepted
Q: How long have you known the accused?
A: If I am not mistaken, I've known him for 6 years now.
Q: How did you came to know the accused?
A: Fr. Garcia was the one who officiated the baptismal of my eldest
daughter Summer in 2001.
Q: After that baptismal, how else have you spent time with the
accused?
A: Right after the baptismal, Rev. Fr. Garcia invited my wife and I to
join Couple's for Christ in which he was facilitating at that time.
Q: How long were you a member of that organization?
Objection your honor, the question is irrelevant
Q: I'm establishing my premise your Honor.
(overruled, the witness may now answer)
A: My wife and I are still members at the present.
Q: How often do you meet the accused?
A: Every Sunday during our meetings, Rev. Fr. Garcia conducts our
forums, and most of the time he and I would spent lunch after the
forum to discuss matters about the organization.

Q: With that being said, how well do you know the accused?
A: He is very close to my family, I consider him my mentor especially
that I would run to him to seek for advise whenever I have problems.
My daughter Summer is also very close to him because whenever we
invite Rev. Fr. Garcia in our house, he would play the guitar with her.
Q: You mean your daughter and the accused spends time together a
lots.
A: Yes, he taught my daughter how to play the guitar and every now
and then he would visit my daughter to play the guitar with her.
Q: What was your initial reaction after hearing the news that Fr. Rev
was charged of rape?
A: I could not believed that he was being accused of that crime
because having known him for a long time, it is extremely impossible
that he would involve himself in any crime at all. Moreso he would not
even make advances on any woman and he is known in our Brgy. as a
decent, kind and helpful priest.
DEFENSE: That's all your Honor.

Cross Examination of the Barangay Captain by Atty.


Marco Mendoza
Q: Mr. Witness, I only have one question for you, Did Fr. Radney
endorsed you in the last Barangay Elections in which you won as
Barangay Captain?
A: Yes, your honor.
PROSECUTION: No further questions your honor.