Group 3

TRIAL PROPER

(Edgar Pablico)
HON. ERVICIO A. PABLICO
Presiding Judge

ATTY. REIN VINDICATORIA MRS. TUTTIE FRUITIE MRS. EMMA-LOU RODRIGUEZ

Clerk of Court Court Interpreter Court Stenographer

APPEARANCES:

(Gilbert Mendova) (Bienvenido Probadora)

ATTY. DESPACITO VIGILANTE ATTY. BERTO MAMERA ATTY. BIEN AFFLECK
For the State For the Respondent For the Plaintiff

WITNESSES

For the Plaintiff For the Respondent

(Claire Maico) (Steve Maico)

MARIA CLARA M. MAICOMAYOR MIGUEL M. MAICOMAYOR

ELA MARIA LABIS MELSON MAANGAS

1ST WITNESS FOR THE PLAINTIFF

MARIA CLARA M. MAICOMAYOR

All Rise.
WITNESS, the Honorable Judge Ervicio Pablico, Presiding. Silence is
hereby enjoined.
PRAYER: Almighty God, we stand in your Holy Presence as our
Supreme Judge. We humbly beseech You bless and inspire us so that
Clerk of Court what we think, say and do will be in accordance with your will.
Enlighten our minds, strengthen our spirit, and fill our hearts with
fraternal love, wisdom, and understanding, so that we can be
effective channels of truth, justice and peace. In our proceedings
today, guide us in the path of righteousness for the fulfillment of
Your greater glory. AMEN.
(Stamp gavel) Sit
Judge
Call the case.
Civil Case No. 042013
Clerk of Court Maria Clara M. Maicomayor versus Miguel M. Maicomayor for
LEGAL SEPARATION (under par F Article 55 of the Family Code).
Judge Appearances?
Atty. Entering my appearance for the State, your Honor.
Atty. Berto Mamera Appearing for the respondent, Your Honor.
Respectfully appearing for the petitioner, Your Honor. We are ready,
Atty. Bien Affleck
Your Honor.
Judge Okay, call your witness
May we call on the plaintiff Mrs. Maria Clara Maicomayor to the
Atty. Bien Affleck
witness stand.
Judge Swear the witness.
Raise your right hand. Do you swear to tell the truth, the whole truth
Interpreter
and nothing but the truth in your testimony?
Maria Clara Maicomayor I do.
Interpreter Please state your name and other personal circumstances.
I am Maria Clara Maicomayor, 34 years old, married, a police woman
Maria Clara Maicomayor
and a resident of West Fairview, Quezon City.
Atty. Bien Affleck With the kind permission of the Honorable Court.
Judge Proceed.
We are offering the testimony of this witness Your Honor to prove
the material allegation in her Petition, to state that she is married to
Miguel Maicomayor; she will prove that her husband is a
Atty. Bien Affleck
homosexual and the circumstances relating to such homosexuality;
she will also testify on the complaints in the petition and to identify
pertinent documents, Your Honor.
Judge Any comment from the defense counsel to the offer?
Atty. Berto Mamera We reserve our right to conduct cross-examination, Your Honor.
Judge You may now proceed.

DIRECT EXAMINATION BY ATTY. BIEN AFFLECK

Madam witness are you the same MARIA CLARA MAICOMAYOR, the
Atty. Bien Affleck
petitioner in this case?
Maria Clara Maicomayor Yes, Sir.
Atty. Bien Affleck Is this the copy of the Petition that you filed?
Maria Clara Maicomayor Yes, Sir.
Atty. Bien Affleck There is a signature appearing on page 4, whose signature is this?
Maria Clara Maicomayor My signature, Sir.
May I pray, Your Honor, that plaintiffs Petition be marked as our
Atty. Bien Affleck
Exhibit A.
Judge Mark it.
Atty. Bien Affleck How are you related to Miguel Maicomayor?
Maria Clara Maicomayor He is my husband, Sir.
Atty. Bien Affleck Do you have any proof that youre indeed husband and wife?
Maria Clara Maicomayor Yes, Sir.
Atty. Bien Affleck What is your proof that both of you are legally married?
Maria Clara Maicomayor Our marriage certificate, Sir.
Showing to you this marriage certificate, will you kindly tell this
Atty. Bien Affleck honorable court if this is the same marriage certificate you are
referring to that proves your relationship to the accused?
Maria Clara Maicomayor Yes, Sir. This is the proof of our relationship as husband and wife.
May I request Atty Mamera to admit the genuineness of the said
Atty. Bien Affleck
document.
Atty. Berto Mamera Yes. We admit.
Your Honor, May we pray that this marriage certificate be marked as
Atty. Bien Affleck
Exhibit B.
Judge Mark it accordingly.
Atty. Bien Affleck Madame witness, where is your husband residing right now?
He is residing there at our house in Brgy. Ampid, San Mateo, Rizal,
Maria Clara Maicomayor
together with hishis LOVER!
OBJECTION! Your Honor, the witness has no basis to say that her
Atty. Mamera husband is living with another person because it is not alleged or
pleaded in the issue.
Sustained. Counsel, please advise your witness to refrain from
Judge
addressing issues which are not alleged in her petition.
Atty. Bien Affleck Yes, Your Honor. May I continue?
Judge Proceed.
Atty. Bien Affleck How about you where are you residing right now, madam witness?
Maria Clara Maicomayor I now reside at my parents house in West Fairview, Quezon City, Sir.
Atty. Bien Affleck How long have you resided in West Fairview, Q.C. prior to the filing
 of this petition, Madam witness?
Maria Clara Maicomayor More than six months already, Sir.
Atty. Bien Affleck Do you have children?
Witness 1 Yes, Sir.
Atty. Bien Affleck How many?
Maria Clara Maicomayor One, sir.
Atty. Bien Affleck How old is the child?
Maria Clara Maicomayor She is 2 years old, sir.
Do you have your childs Birth Certificate showing that you are the
Atty. Bien Affleck
mother?
Maria Clara Maicomayor Yes sir.
May I pray, Your Honor, that the document be compared with the
Atty. Bien Affleck
photocopy.
(After looking at the original and photocopied documents) Yes, Your
Atty. Mamera
Honor, the photocopy is a faithful reproduction of the original.
May I pray that this Xerox copy of the Birth Certificate be marked as
Atty. Bien Affleck
Exhibit C.
Judge Mark it accordingly.
Madam witness, how long were you married to respondent before
Atty. Bien Affleck
you decided to live with your parents?
Maria Clara Maicomayor About 4 years, Sir.
During those four years or at the time when you and your husband
Atty. Bien Affleck were still living together, will you describe your husband, his
character towards you and your child?
Atty. Mamera Objection, Your Honor. Counsel is asking a compound question.
Judge Sustained.
Let me rephrase, Your Honor. Madam witness, how do you describe
Atty. Bien Affleck
the first few years of your marriage with your husband?
During the first 2 years of our marriage, we were happily in love. I
was still part of the National Dragon Boat Team at that time and I
remember that he would always come to my practices and would
Maria Clara Maicomayor
encourage me to train harder and become more muscular. I thought
that was because he really loved and supported me but now that I
think about it, it was all because he wanted me to look like a man!
Objection, Your Honor! Witness is speculating, she cannot be
Atty. Mamera
allowed to interpret or draw any conclusions from facts.
Judge Sustained. Madam witness, please stick to the facts.
Maria Clara Maicomayor But its true, Your Honor!
(Taps gavel) Madam witness, I will not be reiterating myself again,
Judge
otherwise I will hold you in contempt. Is that understood?
Maria Clara Maicomayor Yes, Your Honor. Im sorry.
Judge Ok, counsel. Proceed with your questioning.
What changed after those first 2 years of happy marriage, Madam
Atty. Bien Affleck
witness?
Well, I became pregnant and so I had to stop training for my sport as
a police athlete. I became fat and that was the time that he started
Maria Clara Maicomayor to get busy with other things. Suddenly he didnt have time for me
anymore. He wasnt even there when I gave birth to our child saying
that he had more pressing things to do at the office.
Atty. Bien Affleck What happened then?
I thought that he was just really busy and stressed with work as he
said. And being a policewoman myself, I understood. I thought that
Maria Clara Maicomayor he will eventually go back to being supportive and loving when he
saw our child, but he continued to miss important family events with
exactly the same reasons.
Atty. Bien Affleck Is there anything else?
Maria Clara Maicomayor Yes sir, he also started to resist my affections towards him. He
 refused to have sex and whenever I would ask why, he would simply
say that he was just tired from the work hes doing with his new
partner from work named Melson Maangas. That was the time when
I began to have serious doubts regarding his sexuality, Sir.
Atty. Bien Affleck What made you say that, Madam witness?
Maria Clara Maicomayor Because there were other instances, Sir.
Atty. Bien Affleck What other instances?
There was a time sir, when I came home early from work I caught
Maria Clara Maicomayor
him watching a homosexual pornographic video.
Atty. Bien Affleck What did you do after seeing him watch the video, Madam?
I confronted him about it, sir. He told me that he was merely
Maria Clara Maicomayor studying it for a case that they were about to operate on, and the
details of which were confidential so I did not press anymore.
Atty. Bien Affleck Were you able to get a copy of the video?
Yes sir, after the incident, I asked my husband if I could watch it
Maria Clara Maicomayor because I thought the movie was related to my sport and he
grudgingly agreed.
Atty. Bien Affleck Why did you think that the movie was related to your sport?
Maria Clara Maicomayor Because it was entitled SAGWANAN, sir.
Madam witness, I have here with me a dvd entitled SAGWANAN
Atty. Bien Affleck
2016. Is this the video you were referring to?
Maria Clara Maicomayor Yes, sir. Same video.
Your Honor, may we pray that this object evidence be marked as
Atty. Bien Affleck
Exhibit D as previously marked during the preliminary conference.
Judge Mark it.
Madam witness, can you please describe before the court the things
Atty. Bien Affleck
that you have seen in this video?
Well, first of all, it was not about the sport of Dragon Boat. It was a
Maria Clara Maicomayor series of graphic sexual intercourse of a boatman with other
boatmen using paddles.
Your Honor, I would like to move that this video which forms part of
Atty. Bien Affleck
our evidence be played before the court to validate its content.
Atty. Berto Mamera Objection on the ground of decency, Your Honor!
Sustained. Counsel, this is not the proper place to watch such video.
Judge
I will just personally view and study the same in my chambers.
Yes Your Honor, let me know when you do so we can watch it
Atty. Bien Affleck
together. Ahem, may I proceed?
Judge Continue, counsel.
Madam witness, were there any other instances that led you to
Atty. Bien Affleck
doubt your husbands sexuality?
Yes sir, last Valentines day sir, I really wanted to restore the flame of
our marriage so I bought candles and rose petals to embellish our
room. But as I was preparing our room for the occasion, I discovered
Maria Clara Maicomayor
a photo of a naked man behind my husbands study table. At the
back of the photo was a love letter addressed to my husband and
signed by a certain Mel.
Atty. Bien Affleck Madam witness, do you know who the naked man in the photo is?
Maria Clara Maicomayor Yes, Sir.
Atty. Bien Affleck Who is he, madam witness?
Maria Clara Maicomayor He is Melson Maangas, sir, my husbands partner in the PNP.
Atty. Bien Affleck How do you know Melson Maangas?
I know him because he and my husband are always together at
Maria Clara Maicomayor
work, they are almost inseparable!
Madam witness, is this the photo with the writings at the back that
Atty. Bien Affleck
you found in your room addressed to your husband?
Maria Clara Maicomayor Yes, sir. That is it.
Atty. Berto Mamera Your Honor, may I inspect the written instrument shown to the
 witness?
Judge Go ahead, counsel.
Atty. Bien Affleck May I proceed, Your Honor?
Judge Ok counsel, proceed.
To continue, Madam witness, can you please read to us the contents
Atty. Bien Affleck
of the love letter at the back of the photo?
Yes, sir. It reads: My dearest Iggy-biggie, I love what happened last
Maria Clara Maicomayor week, hope to see you again, my love, Yours Always and Forever,
Mel.
May we pray, Your Honor, that this photo and the writings hereof be
Atty. Bien Affleck marked as Exhibit E and E-1 as previously marked in the Pre-Trial
Brief.
Objection, Your Honor. The due execution and authenticity of the
Atty. Berto Mamera said document has not yet been proved. Therefore it should not be
received in evidence.
Your Honor, the private documents due execution and authenticity
has already been proved when respondent failed to specifically deny
Atty. Bien Affleck
it in his Answer. Its already admitted in the Pretrial conference, Your
Honor.
Overruled. Mark it. (to Atty. Mamera:) Counsel, may I ask that you
Judge review your documents before making senseless objections. Is that
clear?
Atty. Berto Mamera Sorry, Your Honor.
Judge (to Atty. Affleck) Continue, counsel.
Atty. Bien Affleck Madam witness, what did you do after finding the photo?
I kept it, Sir, and was planning to confront my husband with it that
Maria Clara Maicomayor night but my husband never came home. I was calling and texting
him but he never responded.
Atty. Bien Affleck What happened then?
Afterwards, I received a text from my childhood friend Ela Marie
Labis that night stating that she just saw my husband enter Hotel
Maria Clara Maicomayor Sago-Sago with his arms around a ruggedly handsome man. I wanted
to go there and find out for myself but I could not leave our 2 year
old daughter by herself.
Atty. Bien Affleck What happened after that, Madam witness?
When my husband came home the next morning, I asked him where
he was last night and he just shrugged and said that it was work-
Maria Clara Maicomayor
related and that I should try not to be too nosy. I wanted to ask him
also about the photo but he clearly shut me out. So I just waited.
Atty. Bien Affleck Waited for what, madam witness?
Maria Clara Maicomayor Waited for a chance to find out for myself if he really is gay.
Atty. Bien Affleck And were you able to get the chance, Madam witness?
Yes sir. That night, when my husband was on his way to work for his
Maria Clara Maicomayor
nightshift duty, I followed him.
Atty. Bien Affleck What happened during that night, madam witness?
Atty. Berto Mamera Objection, Your Honor. The answer calls for a narration.
Sustained. Counsel, please be specific. We dont have the luxury of
Judge
time here.
Let me rephrase, Your Honor. Madam witness, on February 5, 2016,
Atty. Bien Affleck
what happened when you decided to follow your husband to work?
Well that night, I got into my motorcycle and trailed my husbands
car until it stopped at the parking lot in front of his office in Camp
Maria Clara Maicomayor
Karingal. I then saw my husband alight his vehicle and board a red
KIA sedan parked nearby.
Atty. Bien Affleck And then what happened?
I noticed a male driver sitting in front of the sedan through the non-
Maria Clara Maicomayor
tinted windshield. After that I was shocked when I saw them kiss
 each other on the lips.
Atty. Bien Affleck Is the driver of the KIA sedan Melson Maangas?
Atty. Berto Mamera Objection! Leading question, your Honor.
Judge Sustained. Counsel, please rephrase your question.
Do you recognize the face of the driver of the KIA sedan, madam
Atty. Bien Affleck
witness?
I could not, your Honor, but I believe it is Melson Maangas because
Maria Clara Maicomayor
he also drives a red KIA sedan.
Atty. Berto Mamera Objection, Your Honor. The witness is again speculating.
Your Honor, the witness is merely expressing inattentive observation
Atty. Bien Affleck
due to the shock of seeing her husband kiss another man.
Overruled. Well-taken, counsel. Witness may express her
Judge
observation on the matter.
Atty. Bien Affleck Thank you, Your Honor. That will be all for the witness.

CROSS EXAMINATION BY ATTY. BERTO MAMERA

Judge Cross-examination by the defense?

Atty. Berto Mamera Just a few questions, Your Honor.
Judge Subject to cross. Proceed.
With the kind permission of this Honorable court.
Madam witness, based on the evidences you gathered: the dvd video,
Atty. Berto Mamera the text message from your friend, the naked photo and love letter
you found, you said that your husbands common answer to all of
them was that it was work-related isnt it?
Atty. Bien Affleck Objection, Your Honor. The question is misleading.
Judge Sustained. Stick to the facts, counsel.
I will rephrase Your Honor. Madam witness, what did you say your
Atty. Berto Mamera husbands reason was when you caught him watch the homosexual
video?
Maria Clara Maicomayor Well, he said that It was for a case that they were studying for work.
So you did not think that it was possible that your husband is merely
Atty. Berto Mamera
watching the video for a case?
Maria Clara Maicomayor But I---
Atty. Berto Mamera I only need a Yes or No answer, madam witness.
Maria Clara Maicomayor Yes, I guess its possible.
Atty. Berto Mamera Did you watch the video yourself, Madam witness?
Maria Clara Maicomayor Only a part of it, Sir.
Atty. Berto Mamera Was it any good?
Atty. Bien Affleck OBJECTION, Your Honor! Relevance?
Sustained. Counsel, please refrain from asking immaterial and
Judge
immoral questions.
Atty. Berto Mamera Sorry, Your Honor, I got ahead of myself. May I proceed?
Judge Continue.
About the writings you saw on the photo, madam witness. Who is
Atty. Berto Mamera
this supposed Iggie-Biggie that the letter was addressed to?
Maria Clara Maicomayor I believe that is my husband, sir.
Atty. Berto Mamera You believe, meaning you are not sure?
Well sir, my husbands name is Miguel so I assumed Iggy is short for
Maria Clara Maicomayor
Miguel and that it is Mels term of endearment for him.
Atty. Berto Mamera So you also assumed that Mel is Melson, is that correct?
Maria Clara Maicomayor He has his picture---
Atty. Berto Mamera Yes or no only, madam witness.
Yes, sir. Based on the photo which was clearly Melson Maangas, I
Maria Clara Maicomayor
assumed.
So madam witness, since you assumed the same, is it also possible to
Atty. Berto Mamera
assume that Iggie-biggie may refer to a different person since your
 husband is clearly not known with such name?
Maria Clara Maicomayor Um, yes sir. I guess its possible.
Also, on the night when you followed your husband from your house
Atty. Berto Mamera to catch him in the act, how far were you when you saw him kiss
another man in a red KIA sedan?
Maria Clara Maicomayor I was about 20 meters away from them sir.
Atty. Berto Mamera And what was your position when you saw them together?
I was hiding in the bushes but I had a full frontal view of the red KIA
Maria Clara Maicomayor
sedan and the male driver, sir.
Atty. Berto Mamera How did you know that it was a male driver, madam witness?
Maria Clara Maicomayor Well, because he had short hair and looked like a man.
So is it possible that the driver could also be a woman who had short
Atty. Berto Mamera
hair but looked like a man?
Maria Clara Maicomayor No, it was definitely a man!
Is that because you are clearly biased and wanted to ruin the
Atty. Berto Mamera reputation of a straight man even if all your evidence are purely
circumstantial?
Atty. Bien Affleck Objection, Your Honor! The question is harassing the witness.
Judge Sustained. Counsel, please refrain from asking harassing questions.
Madam witness, you are saying that you are sure that it was a male
Atty. Berto Mamera
driver but you are not sure if it was Melson Maangas, am I correct?
I told you that it was Melson Maangas because he is also driving a red
Maria Clara Maicomayor
KIA sedan!
Atty. Berto Mamera Did you see the plate number of the red KIA sedan, madam witness?
Maria Clara Maicomayor No sir. It was too small, I could not decipher it.
So apart from the fact that Melson Maangas is also driving a red KIA
Atty. Berto Mamera sedan you have no other proof that the red sedan you saw your
husband get into was the same car that Melson Maangas is driving?
Maria Clara Maicomayor None, sir.
And you simply assumed that the male driver was Melson Maangas
Atty. Berto Mamera
because he is driving a red KIA sedan?
And because I saw a naked photo of him behind my husbands desk, I
Maria Clara Maicomayor
know it was him who my husband was kissing, sir.
Who initiated the kiss, by the way, Madam witness, was it your
Atty. Berto Mamera
husband or the male driver?
Maria Clara Maicomayor I think it was the male driver, Sir.
Atty. Berto Mamera And how long was the kiss?
I am not sure, sir. I was too shocked at that time after I saw them kiss.
Maria Clara Maicomayor
I never even remembered how I got home.
Atty. Berto Mamera What did you do after getting home?
I immediately packed my things and together with my child, left our
Maria Clara Maicomayor home to live with my parents. We started living separately after that
incident.
Atty. Berto Mamera No further questions, Your Honor.
Judge Re-direct from prosecution?
Prosecution No. That would be all, Your Honor.
Judge Thank you, Madam witness. you may now be excused. Any more
witness for the plaintiff, counsel?

2ND WITNESS FOR THE PLAINTIFF

ELA MARIE LABIS

Atty. Bien Affleck Yes, Your Honor, may we call on Ela Marie Labis to the witness stand.
And may I seek permission for the oath to be translated in the
vernacular for the benefit of the witness, Your Honor.
Judge Granted. Miss Tuttie Fruitie, kindly swear the witness in the vernacular.
Interpreter With pleasure, Your Honor! Pakitaas ang iyong kanang kamay madam
witness. Ikaw ba ay nanunumpa na sabihin ang totoo at pawang
katotohanan lamang?
Ela Marie Labis Opo, mam.
Interpreter Pakihayag ang iyong pangalan, edad at iba pang impormasyon tungkol
sa iyong sarili.
Ela Marie Labis Ako po si ELA MARIE N. LABIS, 25 years old, saleslady at SM, nakatira sa
Brgy. Tunkgo, Bulacan, and sobrang single po, mga sir!
Interpreter Your Honor, the witness is ELA MARIE N. LABIS, 25 years old, saleslady at
SM, a resident of Brgy. Tunkgo, Bulacan, and very much single! Your
witness, Atty.
Atty. Bien Affleck We are offering the testimony of this witness Your Honor to corroborate
the testimony of Maria Clara Montemayor about the text message she
received from said witness and to testify on other matters relative
thereto, Your Honor.
Judge Any comment to the offer?
Atty. Berto Mamera No comment, Your Honor.
Judge You may proceed.
Madam witness, is this the copy of the sworn statement that you
Atty. Bien Affleck executed regarding what you saw transpire on February 14, 2016 at
around 11-11:30 pm?
Ateng, eto ba kopya ng sinumpaang salaysay na pinirmahan mo tungkol
Interpreter
sa nangyari nung Peb 14, 2016, bandang 11-11:30 ng gabi?
Ela Marie Labis Opo, sir.
Interpreter Yes, sir.
Atty. Bien Affleck There is a signature appearing on page 3, whose signature is this?
Interpreter Kaninong pirma yung nakasulat sa huling pahina?
Ela Marie Labis Pirma ko po yan, sir.
Interpreter My signature, sir.
May I pray, Your Honor, that plaintiffs sworn statement and signature
Atty. Bien Affleck be marked as our Exhibit F and F-1 respectively as previously indicated
in our Pre-Trial Brief?
Judge Mark it.
Madam witness, it says here in your affidavit that you work at a market,
Atty. Bien Affleck
but you told the court that you are a saleslady in SM. Which is true?
Sabi mo sa salaysay mo ateng na sa palengke ang trabaho mo pero
Interpreter
binanggit mo naman kanina na saleslady ka sa SM. Ano ba talaga???
Ela Marie Labis SM po. Sa Manukan. Dun po yun sa palengke sa Sta. Mesa, sir.
Interpreter SM sir. Short for: Sa Manukan inside the Sta. Mesa Market!
Atty. Bien Affleck Saleslady at a market?
Interpreter Saleslady sa market?
Ela Marie Labis Opo sir, sells-lady: babeng nagbebenta ng itlog at manok. May problema
kayo dun?
Interpreter Yes sir: SELLS-LADY, lady who sells eggs and chicken. You have a problem
with that?
Atty. Bien Affleck Ah no problem, Madam, Im just clarifying things. So what happened as
you were on your way home from SM that night?
No problem ateng! Eh over naman kasi pinasosyal-sosyal mo pa yung
Interpreter terms, SELLS-LADY ka lang pala sa manukan at di marunong mag-
INGLESH. Anyway, ano ba nangyari nung pauwi ka na galing sa manukan
nung gabing yun?
Ela Marie Labis Nakita ko po ang crush ko nun kaya sobrang na-excite ako, sir.
Interpreter I saw my wonderful crush that night and that got me so kilig to the
bones, sir!
Atty. Bien Affleck What did you do upon seeing him?
Interpreter So anong gawa mo pagkakita sa kanya?
Ela Marie Labis Aba shempre bumaba po ako ng jeep para habulin siyakaso
Interpreter Of course, I immediately asked the jeep to pull over so I could run after
himbut
Atty. Bien Affleck What happened?
Interpreter Wag mo kami bitinin, te! Pagkatapos???
Ela Marie Labis Gumuho po ang mundo ko nung nakita ko po na may kayakap siya na
lalaki! Tapos po pagkatapos nila magyakapan dali dali po sila pumasok sa
Hotel Sago-Sago sa kanto ng magkahawak ang kamay!
Interpreter My whole world shattered when I saw him hug another man and they
both entered Hotel Sago-Sago HHWW!
Atty. Bien Affleck Did you know the man he was hugging?
Interpreter Sino ka-hug nya te?
Ela Marie Labis Kilala ko po siya, sir! Siya po si Miguel Maicomayor, asawa po ng
kababata ko na si Maria Clara or MC, yun po kasi tawag ko sa kanya.
Interpreter I knew him, sir! He is Miguel Maicomayor, hubby of my childhood
friendship, Maria Clara, MC for short.
Atty. Bien Affleck How do you know that he is the husband of Maria Clara?
Interpreter Panu mo nalaman na siya nga asawa ni MC, day?
Ela Marie Labis Eh shempre sir, friends din po kasi kami ni MC sa FB kaya alam ko ichura
ng asawa nya sa posts nya sa FB. Hello.
Interpreter Of course, MC and I are friends in fb and she posts her hubbys pictures
there. Duhh.
Atty. Bien Affleck So what did you do after that?
Interpreter Ano next move mo, te?
Ela Marie Labis Aba shempre tinext ko po si MC nung gabi na yun dun sa nakita ko.
Panaginip ko pa naman na ako yung dalhin ni crush dun sa Hotel Sago-
Sago. Ang sakit sakit, sir!
Interpreter Of course, I texted MC that night about what I saw. My dream to be
brought by crush to Hotel Sago-Sago crushed! Super ouchie, sir!
Atty. Bien Affleck Is the person whom you saw your crush hug that night here in the
courtroom, right now?
Interpreter Andito ba yung panira ng panaginip mo, te?
Ela Marie Labis Opo sir!
Interpreter Yes sir!
Atty. Bien Affleck Can you point to him?
Interpreter Ituro mo na itei!
Ela Marie Labis Ayun po siya sir, yung bading na asawa ni MC! (pointing to Steve)
Judge (Taps gavel) Madam witness, I forbid you to utter derogatory remarks in
my courtroom, do I make myself clear?
Interpreter Ateng, dont say bad words kasi
Ela Marie Labis Ok po. Sorry po judge.
Judge Continue, counsel.
Atty. Bien Affleck How about your crush, madam witness, is he also here in court, right
now?
Interpreter Andito rin ba si crush mo, ateng?
Atty. Berto Mamera Objection, Your Honor! This crush is not a party to this case. Pointing
fingers is not necessary.
Judge Overruled. The witness is not being asked to point the person, counsel.
She is just being asked to confirm. You may answer madam witness.
Ela Marie Labis Opo! Gusto nyo po halikan ko siya para malaman nyo kung nasaan?
Judge (Taps gavel) Order of the court! Madam witness, this court is not a place
to show your affections. One more act of disrespect and I will put you in
contempt.
Interpreter Relax lang kasi, te. Wag mashado atat. Mamaya na at baka ikulong ka pa
ni judge
Ela Marie Labis Ay, sorry na po judge.
Judge Any more questions, Counsel.
Atty. Bien Affleck Just a few more, Your Honor.
Judge Proceed.
Atty. Bien Affleck So madam witness, how did you meet this crush of yours?
Interpreter Pano mo nakilala si crush, te?
Ela Marie Labis Di po talaga kami nagmeet sir, pero una ko siya napansin nung bumili
siya ng itlog sa manukan ni boss. Nagkatinginan po kami ng matagal
habang hawak ko ang itlog niya. Este itlog po na bibilhin nya
Interpreter We were never really introduced personally, sir, but it was love at first
sight when he stared at me while I held on to his eggs that he bought!
Atty. Bien Affleck How often do you see him at the market?
Interpreter Gaano mo siya kadalas nakikita sa palengke, te?
Ela Marie Labis Mga 2 times a week po. Akala ko po dati na kaya siya pabalik-balik sa
manukan eh dahil type nya ako, yun pala itlog lang talaga gusto niya!
Huhuhu.
Interpreter About twice a week, sir. I thought the reason why he kept on coming
back to SM was because he also liked me. I was wrong! He just likes
eggs!
Atty. Bien Affleck Lastly madam witness, were you able to get the name of your crush
after the incident?
Interpreter So ateng, nakuha mo na ba name ni crush pagtapos ng nangyari?
Ela Marie Labis Opo sir, nalaman ko po nung sinabi sakin ni MC kung sino siya.
Interpreter Yes sir, MC told me.
Atty. Bien Affleck And what is his name, Madam Witness?
Interpreter At siya ay si?
Ela Marie Labis Melson Maangas, sir.
Atty. Bien Affleck That would be all, Your Honor.

CROSS EXAMINATION BY ATTY. BERTO MAMERA

Judge Cross?
Atty. Mamera Just a few questions, Your Honor. May I ask that the witness be again
allowed to speak in the vernacular, sir.
Judge Granted. But to save time, just input the translation later in the
transcript, Ms. Fruitie. You rest for now.
Interpreter Thank you, Your Honor. <hay salamat>
Judge Proceed, counsel.
Atty. Mamera Madam witness, when you saw your crush hug Mr. Maicomayor, did you
not think that perhaps they were merely hugging as partners or
longtime friends?
Ela Marie Labis No sir. Amoy na amoy po talaga eh.
Atty. Mamera Were you not just consumed with passion for Melson Maangas that you
immediately jumped to conclusions?
Atty. Bien Affleck Objection, question is very leading and assumes facts not in evidence,
Your Honor!
Judge Sustained! Fix your line of questioning, counsel.
Atty. Mamera Ill change my question. Madam witness, what made you think that
Melson Maangas liked you?
Atty. Bien Affleck Objection, Your Honor! Relevance?
Atty. Mamera Your Honor, I am just trying to establish the fact that this certain crush
of hers may have been after all seeking for her attention and not
interested at all in the other sex.
Judge Overruled. You may answer the question, Ms. Labis.
Ela Marie Labis Eh kasi naman sir, makamandag lagi ang tingin nya sakin, tapos bigla
siyang ngingiti at pag nakita ko yung dimples nyahay sir! Makalaglag
panty!
Atty. Mamera So you did not think at that time that he was gay, because of the way he
looked at you?
Ela Marie Labis Opo sir, parang ako lang po ang pinakamagandang babae sa buong
 mundo kapag tinititigan nya ako
Atty. Mamera And when you saw him with Mr. Maicomayor, was there any difference
with the way he looked at you and the way he looked at him?
Ela Marie Labis Uh, di po ako sigurado sir, di naman po kasi ako ganun kalapit nung
nakita ko sila.
Atty. Mamera Let me get this straight, madam witness, you were not that close to see
the expression of Melson Maangas, pero naamoy mo na bading siya?
Ela Marie Labis Ummm obvious naman po kasi sa actuations nila sir, eh.
Atty. Mamera What actuations are those, exactly?
Ela Marie Labis Yung pag-hug at pag-hold hands po nila.
Atty. Mamera So you dont think that straight men cannot hug or hold hands with each
other the way they did?
Ela Marie Labis Basta sir, may something talaga tapos papasok pa sila sa Hotel Sago-
Sago! Siyempre ano gusto niyong isipin ko?
Atty. Mamera You said that you and Maria Clara have been friends for a longtime.
Correct?
Ela Marie Labis Childhood friends, sir. Kaya matagal-tagal na rin po kaming magkakilala.
Atty. Mamera And apart from the name of your crush, what other information were
you able to gather from Maria Clara or MC about him?
Atty. Bien Affleck Objection, Your Honor! The question calls for hearsay evidence.
Judge Overruled. Answer the question, madam witness.
Ela Marie Labis Well, after po nung nangyari sabi nya po sakin na si Melson ko at yung
asawa nya ay mag-partner sa trabaho at sa kama
Atty. Mamera And did you believe your friend, Madam witness?
Ela Marie Labis (hesitates) Opo, pero di ko pa rin tanggap Mula sa kaibuturan ng aking
puso, ako po dapat ang para kay Melson, sir!
Atty. Mamera No further questions, Your Honor.
Judge Re-direct from the plaintiff?
Atty. Affleck No more, Your Honor.
Judge Do you have any more witnesses to present, counsel?

FORMAL OFFER OF PLAINTIFF EVIDENCE (PETITIONER)

Your Honor, I have no more witness to present. I would like now to

Atty. Bien Affleck
make our formal offer of evidence.
Judge Granted. You may formally offer your evidence now.
Thank you, Your Honor.
Your Honor, I respectfully offer our evidence as follows:
1. Exhibit A and A-1 the sworn statement of the complainant
MARIA CLARA M. MAICOMAYOR consisting of four pages and the
signature of MARIA CLARA M. MAICOMAYOR.
2. Exhibit B the marriage certificate between MIGUEL AND
MARIA CLARA MAICOMAYOR to prove that they are legally
married.
3. Exhibit C the birth certificate of their child MALAYA
MAICOMAYOR
Atty. Bien Affleck 4. Exhibit D, D-1 and D-2 The nude photo of MELSON
MAANGAS, the content of the writings and MR. MELSON
MAANGAS signature thereof.
5. Exhibit E the homosexual video entitled SAGWANAN
6. Exhibit F and F-1 the sworn statement of ELA MARIE LABIS
and her signature respectively, Your Honor.

With all the foregoing exhibits in addition to the oral testimonies of

MARIA CLARA MAICOMAYOR and ELA MARIA LABIS, the plaintiff hereby
respectfully rests their case.
 Respectfully submitted.
Judge Any objection from the defense?
Exhibit F and F-1, the sworn statement of the witness ELA MARIE
Atty. Mamera LABIS is objected for being self-serving, Your honor.
As to other exhibits, no objection, Your Honor.
ORDER
The petitioners counsel manifested that it has no more witness to
Judge present. Petitioners counsel offered the Exhibits A to F and sub-
markings. Such exhibits are admitted as plaintiffs evidence considering
that these exhibits are not disqualified under the rules of evidence.
Judge Defense counsel, Are you ready to present your witness?
Atty. Mamera We are ready, Your Honor.
Judge Proceed. Okay, call your witness

1ST WITNESS FOR THE RESPONDENT

MELSON S. MAANGAS

Atty. Mamera May we call on the SPO3 MELSON MAANGAS to the witness stand.
Judge Swear the witness.
Raise your right hand. Do you swear to tell the truth, the whole
Interpreter
truth and nothing but the truth in your testimony?
Melson Maangas I do.
Interpreter Please state your name and other personal circumstances.
I am Melson Maangas, 39 years old, single, a police officer and a
Melson Maangas
resident of Cubao, Quezon City.
Atty. Mamera With the kind permission of the Honorable Court.
Judge Proceed.
We are offering the testimony of this witness, Your Honor, to
prove as a matter of defense against the allegation in the Petition,
Atty Mamera and other facts to corroborate that respondent, Miguel
Maicomayor, is not a homosexual and that no romantic relations
exist between them;
Judge Any comment from the plaintiffs counsel to the offer?
Atty. Affleck We reserve our right to conduct cross-examination, Your Honor.
Judge You may now proceed.

DIRECT EXAMINATION BY ATTY. MAMERA

Mr witness, is this the copy of the sworn statement that you executed
Atty. Mamera
dated August 19, 2016?
Melson Maangas Yes, sir.
Atty. Mamera There is a signature appearing on page 4, whose signature is this?
Melson Maangas My signature, sir.
May I pray, Your Honor, that plaintiffs sworn statement and signature be
Atty. Mamera marked as our Exhibit 1 and 1-A respectively as previously indicated in
our Pre-Trial Brief?
Judge Mark it.
Atty. Mamera Mr. witness, how well do you know the respondent, Miguel Maicomayor?
Melson Maangas I know him very well, sir because he is my buddy at work. Dami na po
naming napagdaanan.
Atty. Mamera How long have you known the respondent?
Melson Maangas About 2 years, when he was assigned at QCPD in our unit, sir.
Atty. Mamera So you became best friends after that?
Atty. Bien Affleck Objection, Your Honor! The question is leading.
Atty. Mamera I just want to affirm their friendship, Your Honor.
Judge Overruled. Answer the question, Mr. witness.
Melson Maangas I consider him as a close friend sir. We get assigned in almost every case
 at work together kaya lagi po kami magkasama.
Atty. Mamera I see. So as close friends, you were able to tell each other a lot about your
personal issues?
Yes sir. Lagi nga pong nirereklamo ni Miguel ang asawa niya dahil napaka-
Melson Maangas
selosa daw po. Kahit ako pinagseselosan.
Objection, Your Honor. Answer is hearsay and should be stricken off the
Atty. Bien Affleck
record.
Overruled! Counsel, allow me to enlighten you that the statement is not
directly relating to the issue in question but to other matters, therefore it
is hearsay and admissible. Please read up on your Rules of Evidence, next
time.
Atty. Bien Affleck Uh, I knew that, Your Honor.
Judge (To Atty. Affleck) Whatever. (To Atty. Mamera) Proceed, counsel.
Thank you, Your Honor. So Mr. witness, what was your reaction when Mr.
Atty. Mamera
Maicomayor told you that his wife was jealous of you?
Pinagtawanan ko lang po, sir. Eh alam ko naman po na magandang lalaki
Melson Maangas ako kaso di naman kami talo ni Iggy, este Miguel. Marami ho akong
girlfriends. Trabaho lang po ang samin ni Miguel.
If thats the case, then how do you explain the nude photo of yourself
Atty. Mamera
found by the wife of respondent inside their house?
About that sir, para po yun sa isang drug case naming sa trabaho. Eh
Melson Maangas etong si Miguel kasi ang hilig magdala ng trabaho sa bahay nila. Kaya
ayun, bokelya.
Atty. Mamera So you dont deny that it was you who was in the photo?
Ako po yun, sir. Mas magandang lalaki lang po talaga ako sa personal,
Melson Maangas
pero thats really me.
Atty. Mamera How about the writings at the back, Mr. witness. Did you also write those?
Sakin po yung sulat, pero yung words dinikta lang po sakin ng boss namin
Melson Maangas
para sa operation.
Do you have proof that it was your boss who dictated those words for you
Atty. Mamera
to write?
Melson Maangas Yes sir, meron po ako certification galing sa kanya.
Is this the copy of the certification signed by your Commanding Officer
Atty. Mamera Col. Kunsintidor that the photo and documentary evidence procured by
Mrs. Maicomayor in her house was for a legitimate police operation?
Melson Maangas Yes sir, thats it.
Your Honor, may I ask that this document be marked as Exhibit 2 as
Atty Mamera
agreed upon in our Pre-Trial Brief.
Judge Mark it.
Atty. Mamera Mr. witness, do you know of a woman named Ela Marie Labis?
Yes sir, I believe siya po yung tindera na patay na patay sakin sa manukan
Melson Maangas
at itlugan ni San Pedro sa Sta. Mesa market.
Atty. Mamera Patay na patay? What do you mean by that, Mr. witness?
Eh paano po, tuwing nagpupunta po ako sa palengke para bumili ng itlog,
grabe po makatitig yung babaeng yun na para ba ako hinuhubaran. Ako
Melson Maangas
na nga po ang nahihiya, sir. Tapos kahit bayad na, ayaw pa rin nyang
bitawan ang itlog ko.
According to Ms. Labis, the reason why you kept on coming back to their
Atty. Mamera
store was because you liked her. Is that true?
Well, cute naman po siya sir, pero kaya po ako bumabalik dun kasi sa
Melson Maangas kanila lang po ang may pinakamasarap at pinakamalalaking itlog sa
buong palengke. Paborito ko po kasing i-almusal ang itlog.
So tell us about that night on Valentines Day when Ms. Labis saw you and
Atty. Mamera
Mr. Maicomayor hug and enter the Hotel Sago-Sago holding hands.
That was all an act, Sir. It was part of our entrapment procedure to arrest
Melson Maangas a high valued target. I cant divulge any more information because the
operation is still pending, sir.
Atty. Mamera Ok, so part of your operation was to pretend to be a gay couple?
Melson Maangas Yes sir. Best buddy ko lang po talaga si Miguel kaya wala nang hiya hiya.
Ok, Mr. witness. What can you tell about the next day when it was Mrs.
Atty. Mamera Maicomayor this time who allegedly saw you and her husband kiss in
front of the QCPD office.
Ay di ko po alam yan, sir. Di po ako yung taong kasama ni Miguel nung
Melson Maangas
gabing yun.
But respondent said that the person was driving a red KIA sedan. Isnt that
Atty Mamera
the car you are currently driving, Mr. witness?
Yes sir, pero di lang naman ako ang tanging nagmamaneho ng ganung
Melson Maangas
sasakyan, Sir.
So who do you think is the person that Mrs. Maicomayor saw her husband
Atty Mamera
kiss that night?
Atty. Bien Affleck Objection, Your Honor! Calls for speculation.
Overruled. I want to know the opinion of Mr. Maicomayors buddy on the
Judge
matter, counsel. Please answer, Mr. witness.
Gusto ko rin malaman yun, Your Honor! Ang sabi kasi sakin ni Mi-love,
este Miguel po, babawi daw muna siya sa asawa niya kasi di sila
Melson Maangas
magkasama nung Valentines so akala ko nasa bahay lang siya. Di ko rin
po talaga alam, sir!
So youre saying that the person who Mr. Maicomayor met that night
Atty. Mamera
could be anybody?
Opo sir, di lang naman po ako ang babae, or I should say, lalaki, na
Melson Maangas
marunong mag-drive ng KIA.
Atty. Mamera No further questions, Your Honor.

CROSS EXAMINATION BY ATTY. BIEN AFFLECK

Judge Cross?
Atty. Bien Affleck Just a few questions, Your Honor.
Judge Proceed.
Mr. witness, who is this Mr. Iggy Biggie to whom the note written at the
Atty. Bien Affleck
back of your nude photo addressed to?
Objection, Your Honor, on the ground that the question calls for the
Atty. Mamera disclosure of a state secret. It was already established earlier that said
information was confidential in nature.
Judge Sustained. Ask another question, Counsel.
Mr. witness, regarding the nude photo found in respondents room, can
Atty. Bien Affleck
you tell us where that photo was taken?
Melson Maangas Ah sa photo studio po yun, sir.
Are you sure? Because the background of the photo look pretty much like
Atty. Bien Affleck
a motel
Atty. Mamera Objection, Your Honer! Counsel assumes facts not in evidence!
Judge Sustained!
Atty. Bien Affleck Mr. witness, are you and Mr. Maicomayor lovers?
Atty. Mamera Objection, Your Honor, very leading question!
Judge Sustained. Counsel, please change your line of questioning.
I will rephrase the question, Your Honor. Mr. witness, during the time
Atty. Bien Affleck when you and Mr. Maicomayor were together, did you feel anything
towards him?
Melson Maangas Mahal ko siya sir! I mean, I love him, but only as a friend
If you love him as a friend, why did you not advise him to fix things with
Atty. Bien Affleck
his wife when he confided you that his wife was jealous of you?
Ayoko ko po pumagitna sa away nila mag-asawa, sir. At kasalanan ko ba
Melson Maangas kung mas gusto sumama ni Miguel sakin kesa sa asawa nya?
Sinusuportahan ko lang kaibigan ko kung saan siya masaya, sir.
Atty. Bien Affleck So are you saying that you also support his indiscretions?
 Of course not, sir! Mabait pong tao yang si Miguel. Maalalahanin,
Melson Maangas masipag, maasikaso di po nya kayang lokohin ang mga nagmamahal sa
kanya.
Atty. Bien Affleck You meant his wife, right?
Melson Maangas Uh, yes sir. Of course!
On your way to the Hotel Sago-Sago with Mr. Maicomayor, Mr. witness,
Atty. Bien Affleck
what was going through your mind?
Melson Maangas I was excited sir dahil mangyayari na ang pinakahihintay ko.
Will you enlighten this Court what it is that youve been waiting for to
Atty. Bien Affleck
happen that night?
Melson Maangas Ang pagpasok ng aming deep penetration agent at pagputok, sir.
Atty. Bien Affleck Can you explain that, Mr. witness?
Once makapasok po kasi yung agent namin, ipuputok po nya ang baril
Melson Maangas
niya bilang signal na go ang operation.
Atty. Bien Affleck Oh. So who is this deep penetration agent, Mr. witness?
Melson Maangas He is our asset, sir. Confidential informant po.
Atty. Bien Affleck And was your operation successful, Mr. witness?
Melson Maangas Negative, sir. Dismayado po kami pareho ni Miguel.
Atty. Bien Affleck Is that why you decided to meet again the next night, Mr. witness?
Atty. Mamera Objection, Your Honor, counsel is misleading the witness.
Judge Sustained!
Mr. witness, where were you on February 15, 2016, the day after
Atty. Bien Affleck
Valentines day, between 11-11:30pm?
Melson Maangas Nasa bahay lang ako sa Cubao, nuod lang po ng dvd pampa-relax, sir.
Atty. Bien Affleck Does the title of the dvd youre watching happen to be, Sagwanan?
Atty. Mamera Objection, Your Honor! Counsel is again assuming facts not in evidence.
Judge Sustained. Counsel, your cheap shots are getting on my nerve.
Sorry, Your Honor. Let me ask another question. Mr. witness, can anybody
Atty. Bien Affleck substantiate your presence at your place from 11:00 to 11:30pm on
February 15, 2016?
Uh, wala sir. Mag-isa lang po ako sa bahay. At dahil po sa trabaho ko,
Melson Maangas
iniiwasan ko rin po kumuha ng atensyon sa mga kapitbahay o ibang tao.
So youre saying nobody can attest that you are in your house that night,
Atty. Bien Affleck
other than yourself?
Melson Maangas Yes sir.
Atty. Bien Affleck How about your red KIA sedan? Where did you park it that night?
Iniiwan ko po sa office yung sasakyan ko, sir. Wala kasing parking sa
Melson Maangas
tinutuluyan ko.
Oh so your car is just parked at the office where your buddy was seen by
Atty. Bien Affleck
his wife kissing another person?
Melson Maangas Opo, pero sinasabi ko po sainyo, sa bahay lang po ako.
Atty. Bien Affleck No further questions, Your Honor.
Judge Re-direct from prosecution?
Prosecution No. That would be all, Your Honor.
Judge Thank you, Mr witness. you may now be excused. Any more witness for the
plaintiff, counsel?

PRESENTATION OF 2nd WITNESS (RESPONDENT)

MIGUEL M. MAICOMAYOR

Yes, Your Honor, Id like to call on the respondent Mr. Miguel Maicomayor
Atty. Mamera
to the witness stand.
Judge Swear the witness.
Raise your right hand. Do you swear to tell the truth, the whole truth and
Interpreter
nothing but the truth in your testimony?
Miguel I do.
Interpreter Please state your name and other personal circumstances.
 I am Miguel Maicomayor, 34 years old, married, a police officer and a
Miguel resident of 4a Alabama St. Greenland Newtown Subdivision, Ampid, San
Mateo, Rizal
Atty. Mamera With the kind permission of the Honorable Court.
Judge Proceed.
We are offering the testimony of this witness Your Honor to present as a
matter of defense against the allegation of his wife, the Petitioner in this
Atty Mamera
case, and to prove that he is not a homosexual along with other
circumstances relating to such evidence;
Judge Any comment from the defense counsel to the offer?
Atty. Affleck We reserve our right to conduct cross-examination, Your Honor.
Judge You may now proceed.

DIRECT EXAMINATION BY ATTY. MAMERA

Mr. witness are you the same Miguel Maicomayor, the Respondent in this
Atty. Mamera
case?
Miguel Yes, Sir.
Atty. Mamera Is this the copy of your Answer?
Miguel Yes, Sir.
Atty. Mamera There is a signature appearing on page 5, whose signature is this?
Miguel My signature, Sir.
May I pray, Your Honor, that Defendants Answer and signature be marked
Atty. Mamera
as our Exhibit 3 and 3-A as specified in our Pre-Trial Brief?
Judge Mark it.
Atty. Mamera How are you related to Maria Clara Maicomayor, Mr. witness?
Miguel She is my wife, Sir.
Atty. Mamera And where is your wife residing right now?
Miguel She is residing with her parents house in Fairview with my daughter, sir.
Atty. Mamera How about you, where are you residing right now?
Miguel I am staying at our house in Ampid, San Mateo, Rizal.
Atty. Mamera Mr. witness, how did you meet your wife?
Miguel We met at the training center for police officers at Canlubang, Laguna.
Atty. Mamera How did you find her?
Miguel She is kind, intelligent and one of the strong women of our batch.
Atty. Mamera And then?
I courted her sir. We started exchanging letters in camp because at that
Miguel
time, cell phones were not allowed inside the training center sir.
Atty. Mamera And then?
She became my girlfriend sir for 6 years before we got married and Ive
Miguel
been married to her for 4 years now, sir.
Let us focus now on your married life. What was your life like after
Atty Mamera
marriage?
It was generally happy, sir. I love her, she loves me. I honestly dont know
Miguel
why shes doing this. Mai, I love you! Why are you doing this?
(Taps gavel) Order! Mr. witness, I will have to ask you to restrain yourself.
Judge
Just answer the questions asked of you.
Miguel Sorry, Your Honor.
Atty. Mamera Mr. witness, did being a police officer affect your marriage?
Yes sir. As an operative of SAF during the first 2 years of our marriage, lagi
Miguel
po akong wala sa bahay at lagi pong nasa malayong destino, sir.
Is that the reason why you seldom attend to your responsibilities as a father
Atty. Mamera
and a husband?
Miguel Yes sir. But I always see to it that when I am on vacation I spend it fruitfully.
And how did your wife respond to your various designations as an
Atty. Mamera
operative, Mr witness?
Miguel She used to understand it, sir.
Atty. Mamera You mean she doesnt understand it now?
Yes sir. When I got transferred to the Quezon City Police District, she began
Miguel
to act differently, sir.
Atty. Mamera Why do you say that?
Siguro po kasi inakala nya na magbabago na lahat pag nalipat ako ng unit,
Miguel sir. Actually akala ko nga rin po kaso mas madaming po palang gwapo, este,
trabaho sa QCPD.
Atty. Mamera When were you transferred to QCPD, Mr. witness?
Miguel About 2 years ago, sir. Bago po ipanganak ang aming anak.
Atty. Mamera And you were not there with your wife when your child was born?
I wasnt sir I really wanted to but I couldnt because of the exigencies on
Miguel the war on drugs launched by no less than the President. I was assigned as a
drug operative and my whole day was spent because of these operations.
Atty Mamera And what was your wifes take on this?
Miguel She doesnt like the President, sir. Dilaw po kasi yung asawa ko.
Objection, Your Honor! The answer was unresponsive to the question. And
Atty. Bien Affleck not immaterial to the issue. May I ask that it be stricken off the records,
Your Honor.
Sustained! (to the stenographer: Rein, strike out the last answer, please. (to
Judge
the witness): Please answer the question directly, Mr. witness.
What I meant to say, was that she hated my present designation as drug
operative, sir. She started to despise my absence in family gatherings,
Miguel
saying that kung kailan nandito na ko sa malapit, mas lalo pa akong
nawalan ng oras sa kanila.
Atty. Mamera So can you please enlighten us about the nature of your demanding work,
Mr. witness?
Miguel As a drug operations agent, I am the one in charge of information gathering
sir. This involves field work, ocular visits, survey, interviews and other
related work sir. It was very time consuming, sir.
Atty. Mamera Are your alone in this job?
Miguel No sir. I have a buddy.
Atty. Mamera Who is your buddy?
Miguel SPO3 Melson Maangas sir.
Atty. Mamera Is this SPO3 Melson Maangas, the same Melson whom your wife is
referring to as your lover?
Miguel Yes sir.
Atty. Mamera What do you think is the reason why your wife suspects that you have a
relationship with your buddy, Mr. witness?
Miguel It maybe because of my refusal to have sex with her during the times when I
am already very tired from my heavy workload. She would always say na
pinagpalit ko na daw sya sa trabaho ko at sa bagong partner ko na si
Melson.
Atty Mamera Is that the only reason, Mr. witness?
Miguel I think she also became more suspicious when she saw me watch that video
entitled Sagwanan, sir.
Atty Mamera Why was she furious, Mr. witness?
Miguel Because it was a gay movie, sir.
Atty Mamera And why were you watching a gay movie, Mr. witness?
Miguel We were given a copy of it at work so we can study about gay couples, sir.
All part of our operation for a homosexual target.
Atty. Mamera And did your wife believe you?
Miguel I thought she did, sir, because she asked me if she could also watch it after
me, sir.
Atty Mamera What about the nude photo with love letter that your wife found in your
room, Mr. witness. How do you explain that?
Miguel As I also tried to tell her Sir, Iggy-Biggy is a code for the subject of our drug
 operation. I cant tell you his real name. The letter was not for me because
my wife is the only one for me!
Atty. Mamera But why the need for a nude photo of SPO3 Mangahas?
Miguel Our target in the drug case sir is a homosexual and si SPO3 Maangas ang
pa-in namin to attract the said perpetrator sir.
Atty Mamera Why him and not you?
Miguel Because he is more appealing to gays than me, sir.
Atty Mamera So what is now the status of the said case, Mr. witness?
Miguel As of now, it is for validation stage sir. I cannot divulge the operation plan
here because it is a secret operation, sir.
Atty Mamera I understand, Mr witness. But do tell us, on the night of Feb. 14, 2016,
Valentines Day, was that also a part of your secret operation?
Atty. Mamera Your wife is claiming that she was texted by Ms Labis that night, that Ms
Labis saw you enter Hotel Sago-Sago with your arms around SPO3 Maangas.
Is that true?
Miguel Yes sir. Pero pagpapanggap lang po yun para ma-ocular naming ng maayos
yung Hotel Sago-Sago, sir.
Atty. Mamera Why were you at Hotel Sago-Sago?
Miguel Kasi ayon po sa info na aming nakalap, yun daw po ang kuta kung saan
nagaganap ang maraming drug transactions, sir.
Atty. Mamera What happened at the Hotel?
Miguel Nothing happened, sir. Yung asset na dapat namin i-meet, di sumipot.
Atty Mamera What did you do afterwards?
Miguel We had to call off the operation, sir, at baka kami ang gawing target.
Atty Mamera And you never tried to tell your wife the real reason so she would stop
suspecting you?
Miguel I tried, sir, but she refuses to listen. Lagi ko na lang po siyang sinasabihan
na konting tiis pa at babawi po talaga ako pag-nakaluwag-luwag na sa
schedule.
Atty Mamera And were you able to make up to her?
Miguel I was going to, sir! I was actually planning to surprise her on Valentines Day
but the date of our operation was suddenly moved to that date. So I vowed
to make it up to her the day after.
Atty Mamera And were you able to make up for it the next day?
Miguel No sir, Because she was so suspicious and angry already, pinili ko na lang po
na mag-duty para makapag-cool down siya.
Atty Mamera Did leaving your house help the situation?
No sir! Di ko po alam sinundan nya po pala ako sa trabaho nung gabing yun.
What happened during that night after you left the house to go to work, Mr.
Atty Mamera
witness?
Duty po ako nung gabing yun, sir. Pwede po sana ako magpa-duty para
makabawi kay misis kaso narindi ako sa kakaselos niya kaya nag-desisyon
Miguel na lang po ako na mag-duty. Pagparada ko sa office, bigla pong may
tumawag sakin na nakasakay sa pulang sasakyan. Akala ko po si SPO3
Maangas yun nung una dahil magkapareho yung sasakyan.
Atty. Mamera And it was not him inside the car?
Miguel No, sir.
Atty Mamera So whose car was it?
Miguel Sa ka-brod ko po, sir.
Atty. Mamera Who answers by the name of?
Miguel Totoy B. Mola, po.
Atty. Mamera So what did you do after that, Mr. witness?
Nilapitan ko po yung sasakyan nya. Sabi nya pasok daw ako sa loob so
Miguel
binuksan ko yung front passenger seat at umupo po ako sa kanyang tabi.
Atty. Mamera What happened after you got in, Mr. witness?
Miguel Nagbatian po kami, sir.
Atty Mamera Uh, panong batian, Mr. witness?
Miguel Nagyakapan po kami at nagbeso beso po bilang pagbati, sir.
Atty Mamera Do you normally do that with your male companions, Mr. witness?
Sa frat brods lang namin, sir. Ganun po talaga kami magbatian sa fraternity
Miguel
namin kung saan member po kaming dalawa, sir.
Atty Mamera And what is the name of this frat, Mr. witness?
Miguel Alpha phi chupapi po, sir.
Can you demonstrate, for a clearer picture, this batian which transpired
Atty Mamera
inside the red sedan?
Miguel Ganito po yun, sir. (Lalapit kay Atty Mamera, yayakap at bebeso)
Atty Mamera (looks satisfied, sabay bulong): Ang bango! *with kilig*
Atty Mamera (Composes himself) Uh, no further questions, Your Honor.

CROSS-EXAMINATION BY ATTY. BIEN AFFLECK

Judge Counsel for the plaintiff, do you have questions for the respondent?
Atty. Affleck I do, your Honor. With your permission.
Judge Proceed.
Atty Affleck Mr. witness, how long have you known SPO3 Maangas?
Miguel 2 years po from the time I was transferred from SAF to QCPD, sir.
Atty Affleck How did you become his buddy in your operations?
Miguel Ah, siya po yung pumili sakin sir, magaan daw ho kasi ang loob nya sakin.
Atty. Affleck Is that because he liked you?
Atty. Mamera Objection, Your Honor, leading question!
Atty. Mamera Sustained.
Atty Affleck Mr. witness, did you become close with SPO3 Maangas right after that?
Miguel Yes sir.
Atty Affleck How close?
Miguel Um, maituturing ko po siya na isa sa pinakamalapit na kaibigan ko, sir. Galing
din po kasi siyang SAF gaya ko, sir. Pareho din po kami ng mga pananaw sa
buhay, sir.
Atty. Affleck Same homosexual views, is that what you mean?
Atty. Mamera Objection, Your Honor, counsel is being argumentative!
Judge Overruled. Answer the question, Mr. witness.
Miguel Hindi po sir, ibig ko lang sabihin na we share a lot of things in common, like
paborito po namin pareho ang footlong sa Mr. Doggie at hilig po talaga namin
kumain ng lahat ng uri ng itlog, sir! Pugo, pato, itlog na pula, lalo na po pag
native, sir.
Atty. Affleck Ok, Mr. witness you apparently both have a love for eggs How about human
eggs?
Atty. Mamera Objection, Your Honor!
Judge On what ground, counsel?
Atty. Mamera Um, morality, Your Honor.
Judge Overruled. Respondents homosexuality is at issue here counsel, in case youre
forgetting. Answer, Mr. witness!
Miguel Hu-human eggs? Of course not, we just like animal eggs, sir.
Atty Affleck This picture of SPO3 Maangas (holding the picture) this was found by your wife
why was it there again among your things?
Miguel Ginamit po namin yan para sa intelligence operation namin laban sa isang drug
dealer na bakla po.
Atty. Affleck You said the word ginamit. If that is the case, then why is it still in your
possession? Shouldnt it be with this Mr. Iggy-Biggie right now?
Miguel Ahhh yun nga po sir eh, nagkamali po ako dapat ako magdadala nung litrato
sa target kaso naiuwi ko po.
Atty. Affleck Is that really the case or is it because Mr. Iggy-Biggy is really you and you are
just covering for the truth?
Atty. Mamera Objection, Your Honor. Counsels question is harassing the witness!
Judge Overruled. Id like to answer to know the answer, Mr. witness.
Miguel No sir! I mean, hindi po ako si Mr. Iggy-Biggie. Siya po talaga yung subject
namin na drug dealer po.
Atty Affleck Can you read the writings at the back of the photo, Mr. witness.
Miguel My dearest Iggy-biggie, I love what happened last week, hope to see you
again, my love, Yours Always and Forever, Mel. (in a kilig voice)
Atty Affleck Parang kinikilig ka, Mr. witness.
Miguel (deepening his voice) Ahem, hindi po sir, ah.
Atty Affleck It says in the letter and I quote I love what happened last week, hope to see
you again. So do you think something has already happened between this
drug dealer and SPO3 Maangas, Mr. witness?
Atty. Mamera Objection, Your Honor! Question calls for speculation.
Miguel Sustained. That is enough, counsel.
Atty. Affleck Fine, Your Honor. Another question, Mr. witness. What else can you say about
your buddy, SPO3 Maangas?
Miguel Well, Mel, I mean SPO3 Maangas, is the bravest, most loyal, and hard-working
person I know. Siya po ang may pinakamatigas, I mean, pinaka-matikas na
pangangatawan sa buong QCPD, sir. At di po siya bading! Dami nga pong
babae na umaaligid dun.
Atty. Affleck Does he have have a girlfriend? A wife? A female live-in partner?
Miguel Wala sir, pihikan po kasi yung buddy ko na yun
Atty. Mamera Objection, Your Honor!
Atty. Affleck I still haventt asked anything, Your Honor.
Atty Mamera I know but I just know that what youre going to ask will be objectionable,
counsel!
Judge (Taps gavel) Order! (looking at Atty. Mamera) Counsel, I know what you mean
but please wait for the question before objecting, ok?
(to Atty. Affleck) Continue, counsel.
Atty. Affleck Do you confide your marital problems to SPO3 Maangas, Mr. witness?
Miguel Yes sir.
Atty. Affleck Do you find comfort in his arms?
Miguel I do, sir brotherly comfort, I mean! I was feeling low and he is very
sympathetic.
Atty. Affleck What does he tell you when you feel low, Mr witness?
Miguel He tells me mas ok na siguro manlalaki ako kesa naman mambabae as a joke,
sir.
Atty. Affleck Oh really, so you did not take his joke seriously, Mr. witness?
Miguel Of course not, sir! Sir Maangas and I are just fooling around. Masaya lang po
talaga kami pag magkasama (dreamy look in his face).
Atty. Affleck So, are you in love with Mel, Mr. Iggie-Biggie?
Miguel (dreamy buntong-hininga) Yes, sir! (then looks flustered) I mean, hindi poako
si Mr. Iggy-Biggie!
Atty. Mamera Objection, Your Honor, counsel misled the witness! I demand that the answer
be stricken off the records.
Judge Sustained. Be sure to make timely objections next time, counsel.
Atty. Mamera I was caught off guard, Your Honor
Atty. Affleck Your Honor, I would like to request for a proffer of evidence to the answer of
the witness.
Judge Granted. (to the court stenographer) Ms. Vindicatoria, kindly make the proper
modification. And somebody please give the witness a glass of water. He
seems about to faint. Do you have any more questions, counsel?
Atty. Affleck Just one more, Your Honor.
Judge Proceed.
Atty. Affleck So, Mr. witness, my final question is: Are you gay?
Miguel (after drinking water, says in a very deep voice): NO SIR, ABSOLUTELY NOT.
*as witness puts down his drink, his hand shakes, the glass drops, and everyone> the witness,
Mr. Maangas in the audience, Atty. Mamera, Atty. Affleck and even the judge will shriek like a
girl*
Judge (Taps gavel), Order of the court! Ahem. Do you have any more questions for
the witness, counsel?
Atty. Affleck No further questions, Your Honor!
Judge (to Mr. Mamera) Re-direct from the plaintiff?
Atty. Mamera Uh no more, Your Honor
Judge Do you have any more witnesses to present?

FORMAL OFFER OF DEFENSE EVIDENCE (RESPONDENT)

Your Honor, I have no more witness to present. I would like now to

Atty. Mamera
make our formal offer of evidence.
Judge Granted. You may formally offer your evidence now.
Thank you, Your Honor.
Your Honor, I respectfully offer our evidence as follows:

1. Exhibit 1 and 1-A the sworn statement of the witness

MELSON S MAANGAS consisting of four pages and his signature
therein, sir.
2. Exhibit 2 and 2-A the sworn statement of respondent,
MIGUEL M. MAICOMAYOR also together with his signature.
Atty. Mamera 3. Exhibit 3 The certification from Col. Kunsintidor to prove the
legitimacy of the police operation with the code name IGGY-
BIGGIE.

With all the foregoing exhibits in addition to the oral testimonies of

MELSON MAANGAS and MIGUEL MAICOMAYOR, the respondent hereby
respectfully rests their case.

Respectfully submitted.
Judge Any objection from the defense?
We object to the admission of Exhibit 3, Your Honor, which is the
certification from Col. Kunsintidor because he was not put to the
Atty. Affleck witness stand.

As to other exhibits, no objection, Your Honor.

ORDER
The petitioners counsel manifested that it has no more witness to
present. Petitioners counsel offered Exhibits 1 to 3 and sub-markings.
Judge
Such exhibits are admitted as defense evidence considering that these
exhibits are not disqualified under the rules of evidence except Exhibit 3
for failure of the witness to attest as to its content.
Considering the manifestation of both counsels, let this case deemed
submitted for decision.
The parties are given fifteen (15) days from today to submit their
Judge
respective memoranda to be filed simultaneously.

SO ORDERED.

PROMULGATION OF JUDGMENT

Clerk of Court All Rise

(Stamp gavel) Sit
Judge
Call the case.
Civil Case No. 042013
Clerk of Court Maria Clara M. Maicomayor versus Miguel M. Maicomayor for LEGAL
SEPARATION (under par F Article 55 of the Family Code).
Judge Appearances?
Atty. Appearing for the State, Your Honor.
Atty. Bien Affleck Appearing for the Plaintiff, Your Honor.
Atty. Berto Mamera Appearing for the Respondent, Your Honor.
Judge Are both parties present?
Clerk of Court They are both present, Your Honor.
Judge In light of the foregoing, it has come to my attention that both
parties: MARIA CLARA MAICOMAYOR AND MIGUEL MAICOMAYOR
have reconciled in the weeks leading up to this date as contained in
their respective manifestations filed before the court. Absence such
reconciliation, I would have granted the petition outright after the
preponderance of evidence pointing to MR. MAICOMAYORS
homosexuality and in the peculiar events which transpired during
trial. Although the marital bond is not severed, such grant of legal
separation would have entitled the spouses to live separately from
each. There would be termination of their obligation to provide
mutual support and Mr. Maicomayor would have been disqualified
from inheriting from Mrs. Maicomayor. This would also have a great
impact on their innocent child which is why I would like to commend
both parties for simply agreeing to disagree and choosing what is best
in the interest of their child. I would like to thank the lawyers Atty.
Affleck and Atty. Mamera for your excellence and time, to you Maria
Clara, for giving your husband a second chance. And to you Miguel, if
you ever need someone, Im just here. Ahem. So, in view of such
reconciliation, proceedings are hereby terminated.

Court dismissed (taps gavel)