PROSECUTION

-Direct Examination Witness 1-

Presentation of Witness1 by the Prosecution
JANN
Court/Judge: Call the case.
Pros: Good morning, Mr. Witness. How are you today?
Interpreter: For hearing, Criminal Case No. 123456,
People of the Philippines vs. Victor Maeskapo for Witness:
GRAVE THREATS.
Pros: Do you know why you are here today?
Court: Appearances.
Witness: I’m here to testify against the defendant
Prosecutors: For the government, your honor. Victor Meskapo.

Defense Counsels: For the defense. Pros: Do you remember having executed a judicial
affidavit on ___________, 2018?
Court: Ready? Witness: Yes.

Prosecutor: Ready, your honor. Pros: If I were to show you this judicial affidavit, would
you able to recognize it?
Court: Call the Witness1 to the stand.
Witness: Yes.
Prosecutor: May I call on Mr. George Gintarhog to the
stand. Pros: I am showing to you the this judicial affidavit
entitled JUDICIAL AFFIDAVIT OF GEORGE
Court: Swear the Witness1. GINTARHOG. What is the relation this judicial affidavit
to the one you executed?
Interpreter: Do you swear to tell the truth, all the truth
and nothing but the truth in this case? Witness: It is one and the same.
Witness1: Yes, Ma’am. Pros: On the page 3 of this judicial affidavit there is a
signature on top of the name of George Gintarhog.
Court: Please state your name. (Ano it im ngaran?) Whose signature is this?
Witness1: [states his name] Witness: It is my signature.
Court: Your age. (Imo edad?) Pros: On the same page there is a signature on top of
Atty. ____________’s name. Can you identify whose
Witness1: [states his age] signature this is?
Court: Status (Single ka ba or kinaslan na?) Witness: It is the signatue of Atty. ___________.
Witness1: [states his status] Pros: How did you know that it is his signature?
Court: Your address. (It imo address) Witness: This judicial affidavit was signed by Atty.
______ in my presence.
Witness1: [states his address]
Pros: Your honor, let this judicial affidavit be marked
Court: What is your occupation? (Ano it im trabaho?)
as exhibit “__” Also, let the signature on top of George
Gintarhog’s name be marked as exhibit “__” and the
Witness1: [states his occupation]
signature on top of Atty. __________’s name as exhibit
Court: Your Witness1. “__”.

Prosecutor 1: Thank you, your honor. The Witness is Pros: Thank you, Mr. Witness. No further questions.
being presented to testify on the fact that the accused,
out of nowhere, on the evening of [insert date here], -Cross-examination of Witness 1-
verbally threatened the life of said Witness1 without
any reason. As such, he is here to prove the guilt of the DC: You are a resident of Peerless Village, Tacloban
accused. May we proceed, your honor? City. Is this correct?
(Taga-Peerless Village, Tacloban City. Eksakto ba?)
Court: Proceed.

1
Pros: Objection.
Witness: Yes. DC: You said in your judicial affidavit that you were
paralyzed when you felt a gun at the side of your head.
DC: Do you know a certain Victor Maeskapo? Right?
(May kilala ka ba na Victor Maeskapo?) (Nasiring ka nga waray ka makag-liya han may
Witness: Yes. tumutok hin pusil ha ligid han imo ulo. Asya ba?)
Witness: Yes.
DC: Do you reside in the same barangay?
(Naukoy ba kamo ha parehas na barangay?) DC: So you could not turn your head to see who was
Witness: Yes. holding the gun. Is that correct?
(Waray ka makalingi para pagkita kun hino an nakapot
DC: Are you neighbors? han pusil. Amo ba?)
(Mag-amyaw kamo?) Witness: Yes.
Witness: Not exactly neighbors, but we live along the
same street, end-to-end. (Baga diri gud pero ada la DC: Now, Mr. Witness, can you tell the court if the
kami ha parehas na karsada, dulo hasta dulo.) street where you were standing on that night, well-
lighted? (Mr. Witness, puydi mo ba sumatan it korte
DC: You said that you passed by Aling Maria’s store on kun an karsada na imo gintutkdawan hadto nga gabi
the 20th day of September 2018 around 8’oclock in the kay masilaw?)
evening. Is that correct?
(Nasiring ka na umagi ka ha tindahan ni Aling Maria Witness1: Yes.
han ika-20 han Setyembre 2018)
Witness: Yes. DC: Okay, let me confirm this: the street was well-
lighted but you were not able to turn your head when
DC: When you passed by, were there other people someone pointed a gun at your head? Is that it?
there? (Han imo pag-agi, mayda ba ngadto iba na (Kukumpirmahon ko la: An karsada na imo
tawo?) gntutukdawan kay masilaw pero diri ka la gihap
nakalingi han mayda nagtutok hin pusil haim. Asya
Witness1: Yes. na?)

DC: Did you know those people? (Nakilala ka man adto Witness1: Yes.
ha ira?)
DC1: Then you are also not sure if it was indeed a gun
Witness1: Yes. pointed at your head? (So diri ka gihap sigurado kun
pusil man gud an igintutok haim ulo?)
DC: Who were they? Were they your neighbors? (Hino
hira? Mga amyaw mo gihap?) Witness1:

Witness1: Yes. DC: Is it true that you saw Mr. Maeskapo from your
peripheral vision?
DC: Did you see Victor Maeskapo there? (Tuod nga nakita mo hi Mr. Maeskapo ha ligid han imo
(Nakit-an mo ba hi Victor Maeskapo didto?) pangitaan?)
Witness: Not at first but I suddenly felt a gun…(Waray Witness: Yes.
anay han katikangan pero nakaabat nala ak hin pusil)
DC: Now Mr. Witness, are you certain that it was Mr.
DC: Witness, the question is answerable only by yes or Victor Maeskapo who was holding a gun at your head?
no. (Sigurado ka ba nga hi Mr. Maeskapo adto?)
Witness: Yes. Witness: Yes, ma’am.

DC: Is it true that someone held you at gunpoint? (Tuod DC: You mean to say then, that you couldn’t turn
ba na may nagtutuk hin pusil haim ulo?) around to see who was holding the gun and yet you
Witness: Yes. saw Victor Maeskapo at your peripheral vision? (Imo
karuyag signgon nga bisan diri ka nakakalingi para
pagkita kun hino an nakapot han pusil, nakakita ka la
DC: Didn’t you feel it when someone crept behind you? gihap kan Victor Maeskapo dida han ligid han im
(Waray ka manla makaabat na mayda na ngean nakada pangitaan?)
han imo luyo?)
Counsel: No further questions, Your Honor.
Witness1: No.

2

JANN
-Re-direct examination of Witness 1-
Pros: Mr. Witness, do you have any eye problem? (Mr.
Witness, mayda ka ba problema ha im mata?)
DC: Objection, Your Honor. The question is irrelevant.
Prosecution: Your Honor, I am trying to establish the
fact that Mr. Gintarhog could perfectly see Mr.
Maeskapo even without turning his head or moving his
eyes.
Judge: [rules on the objection]
Witness: Not that I know of. (Ha ak pagkakahibaro,
waray man.)
Pros: Mr. Witness, how far was Mr. Maeskapo when he
held you at gunpoint? (Gaano kaharayo hi Mr.
Maeskapo han gintutukan ka niya hin pusil?)
Witness: I think he was about 1 foot away from me.
Prosecutor: Can you show me how far is 1 foot?
(Pwede mo ipakita ha akon kun ano kaharayo it usa ka-
_________?)
Witness: *Witness points
Pros: I am going to show you a series of images. Please
tell me what each image shows.
Witness: Okay. *Witness identifies
Pros: Your Honor, I respectfully move that it be put on
record that the witness was able to correctly identify
the images shown to him.
Judge: [rules on the motion]
Pros: What was Mr. Victor Maeskapo doing at Aling
Maria’s store?
(Nagaano h Mr. Victor Maeskapo ha tindahan ni Aling
Maria?)
Witness: He was having a drinking spree with his
friends. (Nag-iinom hiya upod han iya mga sangkay)
Pros: How often do you see him there?
(Pirmi mo ba hiya nakikita didto?)
Witness: I always see him at Aling Maria’s store having
drinking sessions with his friends. (Pirmi ko hiya
nakikita han tindahan ni Aling Maria nga nag-iinom
upod hit iya mga sangkay.)
Counsel: Thank you, Mr. Witness. No further questions.
-Re-cross examination of Witness 1-
DC: Mr. Witness, you said that you always see Mr.
Maeskapo at Aling Maria’s store having drinking
sessions with his friends, yes? (Mr. Witness, nayakan
ka nga pirmi mo nakikita hi Mr. Maeskapo ha tindahan
ni Mana Maria nga nakikig-irignom haiya
kasangkayan, Asya na?)
Witness1: Yes.
DC: And by always, do you mean everyday? Or only at
the chance that you are at the store? (Pirmi, karuyag
signgon mo ba nga kada adlaw? O kun nasasakto la kun
sano aadto ka gihap ha tindahan?)
Witness1: No, but--
DC: Did you know that Mr. Maeskapo is a police officer?
(Maaram ka ba nga pulis hi Mr. Maeskapo?)
Witness1: Yes.
DC: And therefore, you would agree with me that
because Mr. Maeskapo is a police officer, it is not
possible that he will always have drinking sessions
with his buddies because he has work and more
importantly, he has a reputation to uphold? (So
masang-ayon ka ha ak nga mahintungod na pulis hi Mr.
Maeskapo, diri iton posible nga pirmi hiya nakikig-
irignom haiya kasangkayan kay mayda nya trabaho tas
labi na nga mayda niya reputasyon nga dapat
bantayan?)
Witness1: Yes?
DC: You also said earlier that Mr. Maeskapo was having
a drinking session with his friends that night when he
pointed a gun at your head. Would you agree with me
that his friends who were there could have witnessed
the incident? (Nayakan ka kanina nga hi Mr. Maeskapo
nakig-inom upod iya mga kasangkayan han gabi nga
gintutukan ka niya hi pusil ha ulo. Masang-ayon ka ba
haak nga an iya mga sangkay na nakadto kay nakakita
gihap han panhitabo?)
Witness1: Yes.
DC: And yet no one came to your aid when Mr.
Maeskapo threatened you? (Pero waray man la may
bumulig ha imo han gintarhug ka ni Mr. Maeskapo?)
Pros: Objection, counsel is testifying.
DC: No, your honor. I am merely clarifying the
circumstance surrounding the alleged incident.
(If the objection is overruled, witness answers:.)
Witness1: Yes.
DC: So you mean to say that all the other people who
were with Mr. Maeskapo during the drinking session
just suddenly disappeared? (So imo karuyag signgon
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nga an tanan nga mga upod ni Mr. Maeskapo han ira
pag-irignom kay nagkawara la tigda?)
Pros: Objection again, your honor. Counsel is assuming
facts.
DC: The defense respectfully would only like to
ascertain the narrative of the complainant.
Court: rules
DC: After he threatened you, did he just leave?
(Katapos niya panarhog haimo, lumakat la hiya
dayon?)
Witness1: Yes.
DC: And did you not see him clearly or the direction
that he went off to after that? (Tas waray ka kumita
haiya o kun nag-tikain hiya katapos hadto?)
Witness1: No, I did not.
DC: No further questions, Your Honor.
Presentation of Witness 2 by the Prosecution
Pros: May we call on our next witness, Maria Nakakita.
Court: Swear the witness.
Interpreter: Do you swear to tell the truth, all the truth
and nothing but the truth in this case?
Witness: Yes Ma’am.
Court: Please state your name. (Ano it imo ngaran?)
Witness: I am Maria Nakakita (Ako hi Maria Nakakita)
Court: Your age. (Imo edad?)
Witness: 35 years old
Court: Are you single or married? (Single ka ba o
kinaslan ka na?)
Witness: Single
Court: Your address (It imo address)
Witness: Naukoy ako ha Blk. 23, Lot 5, Peerless Village,
Tacloban City, Leyte, Philippines (I live in Blk. 23, Lot
5, Peerless Village, Tacloban City, Leyte, Philippines.)
Court: What is your occupation? (Ano it imo trabaho?)
Witness: I am a sari-sari store owner. (Tag iya ako hit
usa ka sari-sari store)
Court: Your Witness.
Pros: Your Honor, the Witness2 is presented to further
prove and corroborate with the accused’s testimony
and defense.
Court: Proceed.
Xxx Direct Examination xxx
Pros: Do you remember executing a judicial affidavit
dated last ___________? (I: Nahinumdom ka na naghimo
ka hin judicial affidavit dida han ika- ________ yana nga
tuig?)
Witness: Yes.
Pros: If I were to show you this judicial affidavit, would
you be able to recognize it as the one I am referring to?
(Kun ipakita ko haimo ito nga judicial affidavit,
makakilala ka ba na asya nak ginyayakan?)
Witness: Yes.
Pros: I am showing the accused the judicial affidavit he
executed last November 24, 2018 marked as Exhibit
“___”/ Would you please tell the Court whose name and
signature therein is found in page 2 of this affidavit?
Witness: It is my name and signature. (Akon in ngaran
ngan pirma)
Pros: The name and signature I am pointing has been
admitted by the accused as his name and signature and
is marked as Exhibit “___. No further questions.
Xxx Cross Examination xxx
DC: You said that a video was taken of the incident.
Yes? (Nagsiring ka nga mayda video han nahitabo.
Tama?)
Witness: Oo. (Yes)
DC: Was it you who took the video? (Ikaw ba an
nagvideo?)
Witness: Yes
DC: Okay. In taking the video, you used your phone. Is
that right? (Han pagvideo nimo, imo cellphone an
ginamit, asya na ba?)
Witness: Yes.
DC: Miss Witness, the incident happened at 9 in the
evening. Am I correct? (Ms. Witness, dida han alas
nuybe han gab-i an panhitabo asya na ba ak?)
A: Yes
DC: Therefore, you would also agree with me that it
could not have been possible to have taken a clear
video of the incident? (Masang-ayon ka haak nga diri
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posible na malinaw an kakuha han video han
nahitabo?)
Pros: Objection Your Honor, speculative.
Court: rules
(If overruled, witness answers)
A: No.
DC: Miss Witness, do you know the specifications of
your mobile phone’s camera? (Ms. Witness, maaram ka
ba hit mga detalye kanan camera hit imo cellphone?)
A: Yes.
DC: Okay. So you are also aware that the specs of your
phone is a huge factor in determining whether a clear
video of the incident was taken. Right? (So maaram ka
ba gihap nga it specs hit imo cellphone kay dako gihap
nga butang ha pagkita kun malinaw ba an video nga
nakuha?)
Pros: Objection Your Honor, it calls for the witness to
guess and speculate.
Court: rules
(If overruled, witness answers)
A: Oo. (Yes)
DC: Ms. Witness, it is stated here that you have an 8MP
camera that you used for taking the video. Is that
correct? (Ms. Witness, nakabutang didi nga 8MP
camera an imo ginamit pagkuha han video. Amo na?)
Witness2: Oo. (Yes.)
DC: So Miss Witness, you are aware that the specs of
your 8MP phone cannot take a clear video of anything,
especially at night? (So, Ms. Witness, maaram ka nga it
imo 8MP nga camera kay diri makakakuha hin sugad
kalinaw nga video labi na kun gab-i?)
Pros: Objection Your Honor. Again, the Counsel is
assuming facts.
Court: rules
(If overruled, witness answers)
A: No
DC: No more questions, Your Honor
xxx Re-Direct xxx
Pros: Your Honor, we are moving that the video be
played in Court.
Court rules
(If sustained, proceed with this scenario)
Pros: Miss Witness, do you recognize this video? (Ms.
Witness, nakakakilala ka ba hini nga video?)
Witness: Yes
Pros: Who recorded this video? (Hino nagrecord hini
nga video?)
Witness: It was me. (Hi ako.)
Pros: Can you explain to the Court how you were able
to record this video? (Puydi mo ba igstorya ha korte
kun paano ka nakagkuha hini nga video?)
Witness: Nakadto ak ha sakob han amon tindahan tas
tigda la nagkamayda rigumok ha gawas. Naggamit man
ak nak cellphone hadto nga oras asya pagkita ko kun
ano an nahitabo, ginvideohan ko. (I was inside our sari-
sari store when suddenly a commotion happened
outside. I was using my phone at that time. When I saw
what happened, I recorded it. )
Pros: Do you recognize the people in the video?
(Nakakilala ka ba hit mga tawo nga ada ha video?)
Witness: Oo. (Yes)
Pros: I have here still shots from the video you took.
Can you identify to me each person? (Puydi mo ba
itudlok haak kada usa ha ira?)
Witness: Yes
(Proceeds to identify George, Victor and other people
who were drinking with Victor)
Pros: Now tell me, Miss Witness. Is the person whom
you identified as Victor here in this courtroom today?
(An imo gintudlok nga hi Victor, aadi ba ha korte
yana?)
Witness: Oo (Yes)
Pros: Can you point to me where he is at the moment?
(Puydi mo ba itudlok haak kun hain hiya dinhi?)
(points at Victor Maeskapo)
Pros: Thank you.
(If the court overrules the motion to play the video,
start here)
Pros: Miss Witness, are you a permanent resident of
Peerless Village, Tacloban City? (Ms. Witness,
permanente ka ba nga residente ha Peerless Village,
Tacloban City?)
5
Witness: oo. (Yes)
Pros: How long have you been a resident of Peerless
Village? (Gaano ka na kaiha nga naukoy ha Peerless
Village?)
Witness: Mga kinse ka tuig na yana. Usa kami ha mga
nauna nga pamilya nga nag-ukoy ngadto. (For about 15
years now. We were one of the first families who lived
in that area.)
Pros: You also said that you have a sari-sari store?
(Nasiring ka gihap nga mayda ka tindahan?)
Witness: Oo. (Yes)
Pros: Where is this located?(Hain man ini dapit?)
Witness: Dida la hit amon libong la ngahaw. (Just
within our lot)
Pros: Can you describe to me the structure of your sari-
sari store? (Puydi mo ba kami sumatan hit kabutang
hit imo tindahan?)
Witness: It mon tindahan gutiay gadla pero tanan
aadto na. Mga paninda, panakot, irimnon, tas iba pa.
(Our sari-sari store is just small but everything is
there. Dry goods, condiments, beverages, liquors, and
all other things.)
Pros: Is your store well-lit? (Masilaw ba haim
tindahan?)
Witness: Oo. Masilaw hin duro ha sakob pati gihap ha
gawas. Nagbutang kami hin duha nga fluorescent
lamps ha gawas na alkoba para nakakita kami hin
maupay hit mga napalit. (Yes. It’s very well-lit inside
and outside. We placed two fluorescent lamps at the
exterior alcove so that we can clearly see the people
buying.)
Pros: Are there street lights near your place? (Mayda
ba street light harani haiyo lugar?)
Witness: Mayda. Mayda ngani street light na pira la ka-
pitad tikang ha am tindahan. (Yes. In fact, a streetlight
post is planted a few steps away from our store.)
Pros: Does that mean anybody can see clearly what is
happening outside your store? (Karuyag signgon,
madali makikit-an kun ano it nahihitabo ha gawas hit
iyo tindahan?)
Witness: Syempre gad. (Definitely yes.)
Pros: By the way, how long have you established your
sari-sari store? (Sulibangko, gaano na kaiha it nga iyo
tindahan?)
Witness: Mga lima ka-tuig na. (For about 5 years now.)
Pros: How often do people buy goods in your store?
(Gaano ba kasurong it mga napalit haiyo tindahan?)
Witness: Duro kamasurong. Tam tindahan man la it
tindahan ha sakob hit village. It iba puros na adto ha
gawas tas mahirayo pa ot mga taga dida ha amon asya
ha amon hira kaurugan napalit. (Very often. Our store
is the only store inside our village. The rest is already
outside and it’s very far so the people from the
neighborhood buy in our sari-sari store quite often.)
Pros: So if we ask you today, would you recognize the
people in your neighborhood? (Kun pakianhan ko
ikaw yana kun makakakilala ka ba han mga tawo nga
imo mga amyaw, mkakakilala ka?)
Witness: Oo. (Yes)
Pros: Okay. In the incident that happened last
September 20, 2018, do you recognize the people
involved? (Han panhitabo dida han ika baynte han
Setyembre han yana nga tuig, nakilala ka han mga tawo
nga nahibulig?)
Witness: Oo. (Yes.)
Pros: Who were they? (Hira hino adto?)
Witness: Hira George ngan Victor. (It was George and
Victor)
Pros: How did you identify George?(Paano mo nakilal-
an hi George?)
Witness: Sapit la tam balay it balay nira George asya
nakita ak haiya pag naagi hiya ha amon dapit. (George
just lives next door so I see him pass by our house very
often.)
Pros: How about Victor? (Paano man liwat hi Victor?)
Witness: Taga-didto la gihap ha hirani hi Victor.
Nakilala ak haiya kay kaurugan hiya pumalit hin
irimnon haam tindahan. Nakikig-inom gihap hiya upod
tam iba nga neighbor ha gawas hit am tindahan.
(Victor also lives near our place. I know him because
he often buys liquor in our store. He also drinks with
some of our neighbors just outside our store.)
Pros: Are you positive that it was Victor who pointed
the gun at George at the said incident? (Sigurado ka ba
nga hi Victor an nagtutok hin pusil an George hadto nga
sinisiring na insidente?)
Witness: Oo. (Yes.)
Pros: Is Victor present inside the courtroom today?
(Aadi ba yana ha korte hi Victor?)
Witness: Oo. (Yes.)
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Pros: Can you point where he is at the moment? (Puydi
mo ba itudlok kun hain hiya?)
(points at Victor)
Pros: Thank you! No further questions, Your Honor.
Xxx Re-cross Examination xxx
DC: Ms. Witness, you said that you were the one who
recorded the video, am I correct? (Ms. WItness,
nasiring ka nga ikaw an nagkuha han video. Amo ba?)
Witness2: Oo. (Yes.)
DC: When the commotion happened, were you just
inside the store? (An nahitabo an karigumok ha gawas,
nakadto ka la ha sakob han tindahan?)
Witness2: Oo. (Yes.)
DC: And you were still inside when you recorded the
video? (Tas nakadto ka la gihap ha sakob han
nagvivideo ka?)
Witness2: Oo. (Yes.)
DC: Can you still remember how far from your store
Mr. Gintarhog and Mr. Maeskapo were standing?
(Nakakahinumdom ka un gaano kahirayo tikang haim
tindahan kun ngain natukdaw hira Mr. Gintarhog tas
Mr. Maeskapo?)
Witness: Oo. (Yes.)
DC: Okay. As an estimation, let’s say from where I am
standing is your store and the 3rd row of seats is
where Mr. Gintarhog and Mr. Maeskapo were standing
at. Was it at such distance? (Sige, kun susumahon,
signgon nat kun hain ak natukdaw asya it imo tindahan
tapos it ika-tulo nga linya hin mga lingkuran, asya an
gintutukdawan nira Mr. Gintarhog tas Mr. Maeskapo.
Mga sugad ba hito nga distansya?)
Pros: Objection, Your Honor. The witness could not
have known the exact distance between her and the
commotion. Counsel is requiring the witness to
speculate.
DC: Your Honor, I am only trying to get a better picture
of how well the witness was able to identify the
accused in spite the distance between them.
Court: [rules on the objection]
DC: Ms. Witness, you said that Mr. Maeskapo and his
friends were drinking just outside of your store when
the incident happened. In fact, you have even
identified them. So when Mr. Maeskapo threatened Mr.
Gintarhog, were the other men still there? (Ms.
Witness, nagsiring ka kanina nga nag-iinom hi Mr.
Maeskapo tas iya kasangkayan ha gawas han imo
tindahan han nahitab an panarhug. An gintarhog ni Mr.
Maeskapo hi Mr. Gintarhog, nakadto pa ba an iba nga
mga tawo?)
Witness2: Oo. (Yes.)
DC: You mean to say that they witnessed everything
that happened? (Imo karuyag signgon nga nakakita
hira han tanan nga nahitabo?)
Witness2: Oo. (Yes.)
DC: Surely, someone could have told Mr. Maeskapo to
stop and yet they did not do anything? (Sigurado gad
adto nga mayda manla makasaway kan Mr. Maeskappo
pero waray man la hira ginhimo?)
Witness2: Amo ada? (I think so?)
DC: And yet no one did? (Pero waray may bumulig?)
Pros: Objection, the question was already answered.
Court: [rules on the objection]
Witness2: Waray, siguro kay nahadlok gihap hira. (No,
maybe because they were also scared.)
DC: What then were they doing, just cheering and
watching the accused threaten the victim who was in
fact even bigger than him? (Nag-aaragno man la hira?
Nagsuporta la tas ginkinitaan an akusado nga
gintarhog an biktima nga durudako man ngani kaysa
haiya?)
Pros: Objection, your honor. Counsel is adding
confusion instead of clarifying facts.
DC: Your honor with all due respect, the confusion
started from the witness’ testimony itself.
Court: rules
(If objection is overruled:)
Witness2:
DC: And you also did not do anything like call for help,
aside from taking the video of the commotion? (Waray
ka gihap iba nga ginhimo sugad pag-aro hin bulig?
Nagvideo ka la?)
Witness2: Oo. (Yes.)
DC: That is all, your Honor.
DEFENSE
Presentation of Witness1 by the Defense
Defense Counsel (DC) 1: We are ready to present our
first Witness1, your honor.
7
Court: Proceed. Swear the Witness1.
Interpreter: Do you swear to tell the truth, all the truth
and nothing but the truth in this case?
Witness1: Yes Ma’am.
Court: Please state your name. (Ano it imo ngaran?)
Witness1: I am Victor Maeskapo (Ako hi Victor
Maeskapo)
Court: Your age. (Imo edad?)
Witness1: 35 years old.
Court: Are you single or married? (Single ka ba or
kinaslan ka na?)
Witness1: Married.
Court: Your address. (It imo address)
Witness1: Naukoy ako ha Blk. 8, Lot 8, San Juanico
Village, Brgy., Bagacay, Tacloban City. (I live in Blk. 8,
Lot 8, San Juanico Village, Brgy., Bagacay, Tacloban
City.)
Court: What is your occupation? (Ano it im trabaho?)
Witness1: I am a Senior Police Officer 4. (Senior Police
Officer 4 ako.)
Court: Your Witness1.
DC1: Your Honor, the Witness1 is presented to testify
against and disprove the allegations against him in this
complaint. May we proceed, your honor?
Court: Proceed.
xxx Direct Examination xxx
DC1: Do you remember executing a judicial affidavit
dated last November 20, 2018? (I: Nahinumdom ka na
naghimo ka hin judicial affidavit dida han ika baynte
han Nobyembre yana nga tuig?)
Witness1: Yes.
DC1: If I were to show you this judicial affidavit, would
you be able to recognize it as the one I am referring to?
Witness1: Yes.
DC1: Okay. I am showing the accused the judicial
affidavit he executed last November 20, 2018 marked
as Exhibit “1”. Would you please tell the Court whose
name and signature therein is found in page 3 of this
affidavit.
Witness1: It is my name and signature. (Akon ini
ngaran tas pirma)
DC1: The name and signature I am pointing has been
admitted by the accused as his name and signature and
is marked as Exhibit “1A”.
DC1: No further questions, Your Honor.
JANN
xxx Cross-Examination xxx
Pros: Good morning, Mr. Witness.
Pros: You stated in your affidavit that you have a half
brother named Mario. Is that correct?
Witness1: Yes.
Pros: You said that he lives in Singapore. Am I correct?
Witness1: Yes.
Pros: And you said that you lived at his place during
your alleged vacation in Singapore. Correct?
Witness1: Yes.
Pros: You mentioned that you were with a person
named Macarion Lagunzad when you went to
Singapore. Right?
Witness: Yes.
Pros: And this Macario Lagunzad is your cousin?
Witness: Yes.
Pros: Okay. If Macario Lagunzad was with you when
you went to Singapore, did he also stay at your
brother’s house?
Witness1: Diri kay nkacheck-in hiya ha hotel na hirani
la liwat ha balay nak bugto. (I: No, because he was
checked in at a hotel just near my brother’s house.)
Pros: You mean to say that he was not with you the
entire time you were in Singapore?
DC1: Objection, Your Honor. The question assumes
facts not in the record.
Pros: Your honor, we will have those facts later in
connecting up.
Court: [rules on the motion]
(In case judge sustains objection, do not read
succeeding answer of Witness1. Skip to next question.)
8
(If overruled and the witness is asked to answer,
proceed below:)
Witness1: Baga diri gud kay mayda la liwat niya mga
lakat na gin-asikaso. (I: Not really because he also had
other matters to attend to.)
Pros: Did you and Mr. Macario Lagunzad board the
same plane going home to the Philippines?
Witness1: Diri na. (I: Not anymore)
Pros: Mr. Witness, how long did it take to reach your
destination?
DC1: Objection, your honor. The question is not
answerable by a mere yes or no.
Pros: Your Honor, we wish to ascertain the
circumstances about the witness’s travel.
Court: [rules on the objection]
(If sustained, do not read the succeeding answer of
Witness1 below. Skip to next question)
(If overruled, proceed to answer below:)
Witness1: I am not sure pero mga upat ada adto or
lima? (I: I am not sure but I think it was 4 or 5 hours?)
Pros: Okay. So you’re know saying that it did not take
you a day to reach your destination whether from
Manila to Singapore or Singapore to Manila. Correct?
Witness1: Oo, diri. (I: Yes, it doesn’t.)
Pros: Thank you, Mr. Witness. No further questions.
xxx Redirect-Examination xxx
DC2: Mr. Witness, when did you say was your arrival
in Singapore? (Mr. Witness, kakan-o adto nim siring
nga imo pag-abot ha SIngapore?)
Witness1: Dida han September 14. (It was on Sept. 14)
DC2: I have here the authenticated copy of your
passport marked as Exhibit 2A. Can you please read to
this Court the date of your entry and exit as stamped
by the Singaporean Immigration? (Mayda ak didi
authenticated nga kopya han imo passport nga
ginmarkahan hin Exhibit 2A. Puydi mo ba basahon ha
korte kun ano it date of entry ngan exit na ginbutang
han Singaporean Immigration?)
Witness1: Date of entry Sept. 14, 2018 tapos it date of
exit liwat kay Sept. 21. (The date of entry is Sept. 14,
2018 and the date of exit is Sept. 21.)
DC2: Whose signature is attached to the stamp of the
dates of entry and exit? (Kanay pirma it ada ha stamp
hit date of entry ngan exit?)
Witness1: Kanan immigration ito. (That’s the
immigration’s.)
DC2: Your Honor, I would like to request that the
signature on the stamp of the date of entry in the
passport which was submitted as evidence be marked
as Exhibit 2A-1 and the signature stamped date of exit
be marked as Exhibit 2A-2 to show proof that these
were authenticated before the Singaporean
immigration.
Court: [ruling on the request]
DC2: How long have you been planning this trip to
Singapore, Mr. Witness? (Kakan-o mo pa ginplanuhan
adto nga imo lakat tikadto Singapore?)
Witness1: Naiha na, mag uusa na katuig. Tiupod unta
nak misis, kaso waray naman ha budget. (I: Quite long
now, almost a year already. My wife would have joined
me, but we don’t anymore have the budget.)
DC2: When did you book your flight to Singapore?
(Kakan-o ka man nagbook nim flight tikadto
Singapore?)
Witness1: Han February kay mayda man seat sale an
PAL. (I: February since PAL had a seat sale.)
DC2: Did you book a round trip ticket or one way?
(Round trip ticket ba nim ginpabook o one way la?)
Witness1: One way la anay. An akon tiuli liwat na flight,
ginbook han gin-extend na han PAL an ira seat-sale so
mga two weeks after liwat. (I: Just one-way. My other
booking to go home was made when PAL had another
seat-sale so it was 2 weeks after.)
DC2: I will be showing the witness the original copy of
his booking receipt marked as Exhibit “3” in which he
printed last February 12, 2018. Can you please confirm
to this Honorable Court that this is your booking
receipt? (Ipapakita ko haim an original nga kopya han
imo booking receipt nga ginmarkahan hin Exhibit 3 na
ginprint dida han ika dose han Pebrero han yana nga
tuig. Puydi mo ba ikumpirma ha Korte nga asya ini nim
bookig receipt?)
Witness1: Yes, akon ini. (I: Yes, this is mine.)
DC2: What flight date is indicated in the booking
receipt? Can you please read it to us? (Ano it flight date
nga nkabutang dida hit na booking receipt?)
Witness1: Nakabutang didi Sept. 14, 2018. (It says
here, Sept. 14, 2018.)
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DC2: I respectfully request your honor, that the date in
which this said receipt has been printed be marked as
Exhibit 3A.
Court: [rules on the motion]
DC2: The booking receipt and his testimony just now
indicates to this honorable court that it is not possible
for the witness to have left Singapore on the 20th when
his flight was on the 21st and he barely could have
managed even buying a round trip ticket.
JANN
xxx Re-cross Examination xxx
Pros: Let me clarify Mr. Witness, you left for Singapore
on September 14, 2018. Am I right? (Klaklaruhon ko la,
Mr. Witness, lumakat ka tipa-Singapore dida han ika
katorse han Setyembre han yana nga tuig. Asya na?)
Witness: Oo. (Yes.)
Pros: You are a police officer. Correct? (Pulis ka diba?)
Witness: Oo. (Yes.)
Pros: And as a police officer, I believe you know that all
government officials and employees are strictly
required to have an authority to travel to authorize
them to travel abroad regardless of purpose or
duration of travel. Correct? (Tungod nga pulis ka,
natuod ak nga maaram ka nga tanan na natrabaho ha
gobyerno kay giniistriktuhan nga kumuha anay hin
Travel Order para tugutan nga gumawas ha bansa
bisan ano pa ot rason nga kaiha hit byahe. Tama?)
DC2: Objection, Your Honor. The question is not
covered by the re-direct examination.
Pros: Your Honor, the validity of the witness’s travel is
relevant in this case because it will show whether he
was indeed permitted to travel outside of the country.
[Court: rules, if overruled, witness answers. If
sustained, move to the next question]
Witness: Yes.
Pros: Did you file an application for leave of absence
before leaving the country?
Witness: Oo. (Yes.)
Pros: Are you aware that an authority to travel is a
prerequisite to the grant of an application for leave of
absence? (Maaram ka ba nga kailangan hin travel
order para ig-aprobar it leave of absence?)
Witness: Oo. (Yes.)
Pros: Did you secure such document? (Kumuha ka ba
hito nga sinisiring na dokumento?)
Witness: Waray. (No.)
Pros: Your Honor, I am showing to you this document
from the PNP Head Office to prove that SPO4 Victor
Maeskapo did not secure a travel order for his alleged
vacation in Singapore. I respectfully pray that this be
marked as exhibit “__”
Pros: In short, your leave application was granted even
if you did not secure the required authority to travle
from the PNP Head Office. Right? (So an imo leave
ginaproban bisan waray ka hito nga kinahanglan na
travel order tikang ha PNP Head Office. Asya na ba?)
Witness: Diri, ma’am. Diri asya ak karuyag sig-- (No,
maam that’s not what - )
Pros: It is answerable by yes or no.
Witness: No.
Pros: Now Mr. Witness, you said that you booked your
ticket last February. Correct? (Mr. Witness, nayakan ka
nga nagbook ka han imo ticket dida pa han Pebrero,
tama?)
Witness: Oo. (Yes.)
Pros: And you paid the ticket as evidenced by the travel
receipt shown by the defense counsel. Am I right? (Tas
ebidensya nga nagbayad ka han ticket an ginpakita han
defense counsel nga travel receipt. Asya na ba ak?)
Witness: Oo. (Yes.)
Pros: So you would agree with me that one may
purchase a ticket without using the same? (So
matangdo ka haak nga puydi pumalit it usa nga tawo
hin tcket pero diri niya ito gamiton?)
Witness: Siguro? (I guess?)
Pros: Therefore, it is possible that you bought the
plane ticket without boarding the plane? (Posible nga
pumalit ka hin plane ticket pero waray ka sumakay hin
eroplano?)
DC: Objection, Your Honor. Fiscal is already
speculating.
Court: [rules on the objection]
Witness: Yes.
Pros: Your Honor, I am showing to you a document
from the Bureau of Immigration certifying that Mr.
Victor Maeskapo did not leave the country on
September 14, 2018. I respectfully pray that this be
marked as evidence.
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Pros: Thank you, Mr. Witness. No further questions.
Presentation of Witness2 by the Defense
DC2: May we call on our next witness, Macario
Lagunsad.
Court: Swear the witness.
Interpreter: Do you swear to tell the truth, all the truth
and nothing but the truth in this case?
Witness2: Yes Ma’am.
Court: Please state your name. (Ano it imo ngaran?)
Witness2: I am Macario Lagunsad (Ako hi Macario
Lagunsad)
Court: Your age. (Imo edad?)
Witness2: 47 years old.
Court: Are you single or married? (Single ka ba or
kinaslan ka na?)
Witness2: Married.
Court: Your address. (It imo address)
Witness2: Naukoy ako ha Blk. 23, Lot 10, Peerless
Village, Tacloban City, Leyte, Philippines. (I live in Blk.
23, Lot 10, Peerless Village, Tacloban City, Leyte,
Philippines.)
Court: What is your occupation? (Ano it im trabaho?)
Witness2: I am a businessman. (Businessman ako.)
Court: Your Witness.
DC2: Your Honor, the Witness is presented to further
prove and corroborate with the accused’s testimony
and defense.
Court: Proceed.
xxx Direct Examination xxx
DC2: Do you remember executing a judicial affidavit
dated last November 24, 2018? (I: Nahinumdom ka na
naghimo ka hin judicial affidavit dida han ika baynte-
kwatro han Nobyembre yana nga tuig?)
Witness2: Yes.
DC2: If I were to show you this judicial affidavit, would
you be able to recognize it as the one I am referring to?
Witness2: Yes.
DC2: I am showing the accused the judicial affidavit he
executed last November 24, 2018 marked as Exhibit
“4”. Would you please tell the Court whose name and
signature therein is found in page 2 of this affidavit.
Witness2: It is my name and signature. (Akon ini
ngaran tas pirma)
DC2: The name and signature I am pointing has been
admitted by the accused as his name and signature and
is marked as Exhibit “4A”. No further questions.
xxx Cross-Examination xxx
Pros: You’ve stated in your judicial affidavit that you
and Victor are relatives, correct? (Nayakan ka ha imo
judicial affidavit na magparyente kamo ni Victor,
eksakto?)
Witness2: Yes. (Oo)
Pros: Are you and Mario close with each other? (Close
ba kamo ni Victor?)
DC2: Objection, your honor. Irrelevant.
Court: rules
Pros: You mentioned in your judicial affidavit that you
left the country to go to Singapore with Victor, is that
correct? (Nagyakan ka ha imo judicial affidavit na
lumakat ka pakadto ha Singapore upod mo hi Victor,
eksakto?)
Witness2: That is correct. (Eksakto ito)
Pros: And this was on Sept. 14, 2018? (Han September
14, 2018 inin?)
Witness2: Yes. (Oo)
Pros: You also said that you did not stay with Victor
and his half-brother when you were still in Singapore,
am I right? (Nagyakan ka gihap na waray ka nakiukoy
kan Victor ngan han iya half-brother han nakadto ka ha
Singapore, asya na?)
Witness2: Yes, Ma’am. (Oo, maam)
Pros: Upon arriving in Singapore, did you and Victor
immediately separate ways? (Han pag-abot niyo ha
Singapore, nagbulag ba dayon kamo ni Victor?)
Witness2: No, because we rode in the same taxi.
(Waray, kay parehas kami hin ginsakyan na taxi)
Pros: So you rode in the same taxi but you stayed in a
hotel and not at the place where Victor was going to
stay? (Parehas kamo hin ginsakyan na taxi pero
naghuron ka ha usa na hotel ngan diri kun ngain man
hi Victor ma ukoy?)
11
Witness2: Yes. (Oo)
Pros: Is the hotel where you were checked in just near
the house of Victor’s brother? (Hirapit la ba an hotel
kun ngain ka nagcheck ha balay han bugto ni Victor?)
Witness2: Yes. (oo)
Pros: So technically, you were also dropped off by the
taxi at the same place where Victor was dropped off?
Since you said that the hotel was just near? (Kun baga,
gindul-ong ka han taxi kun ngain gihap hi Victor gin-
dulong kay hirapit man la ngay-an an hotel?)
DC: Objection, your honor. Fiscal is already assuming
facts.
Court: rules
Witness2: No, Ma’am. Victor went off first because my
hotel was at the end of the block. (Waray ma’am. Hi
Victor in nauna ha ako kay an hotel adto han katapusan
na block.)
Pros: Mr. Witness, you said that you rode the plane
together with Victor when you went to Singapore. How
about your flight home, did you also ride together?
(Mr. Witness, nayakan na sinmakay kamo han
eroplano na duha ni Victor pakadto ha Singapore. An
iyo tibalik, dungan ba gihapon kamo?)
Witness2: No. (Diri)
Pros: It says here in your judicial affidavit that your
flight home was on September 23. Is this correct?
(Nayakan ngadi han imo judicial affidavit na an imo
flight tiuli kay September 23, asya na?)
Witness2: Yes. (Oo)
Pros: So for the whole duration that you two were in
Singapore, the only time that you saw Victor was
during the day that you arrived in Singapore? Is that
correct? (So han kabug-usan na nakadto kamo na duha
ha Singapore, an adlaw na nahikitan mo hi Victor kay
han adlaw na iyo pag-abot ha Singapore, asya na?)
Witness2: Not exactly, we also saw each other on other
days after my convention from work and I went
touring the city. (Diri gad. Nagkita pa gihap kami after
nak convention ha trabaho tas han nag libot ako han
siyudad.)
Pros: Don’t qualify, Mr. Witness. Yes or no is sufficient.
Witness2: No. (Diri)
Pros: Mr. Witness, did you know when was Victor’s
flight home? (Mr. Witness, maaram ka ba kun kakan-o
han flgiht ni Victor pauli?)
Witness2: Yes, ma’am. I booked our tickets. (Oo maam.
Ako an nagbook han amon flights)
Pros: No further questions.
xxx Re-Direct Examination xxx
DC1: Mr. Witness, you said that you did not stay at
Victor’s half-brother’s place because you stayed in a
hotel. Does this mean then that you did not spend any
time at all with Victor and his brother? (Mr. Witness,
nagyakan ka na waray ka nakihuron han bugto ni
Victor tungod na nagukoy ha hotel. Kurugsignon mo ba
na waray ka gud talaga nakiupod kan Victor ngan han
iya half-brother?)
Witness2: No, Ma’am. In fact, I came by often at
Mario’s, Victor’s half brother’s, house. (Diri maam.
Nakadto ngani ako sukot kanda Mario balay)
DC1: Can you still remember the dates when you
dropped by? (Nakahinumdum ka pa han mga adlaw na
nagbisita ka?)
Witness2: Yes, I do remember. I was there on the day
we arrived on a Friday, I went back to Mario’s by
Monday, and was also there on Thursday of the
following week. (Oo, nakatigaman ako. Nakadto ako
han biyernes nam pag-abot. Tas bumalik ak kanda
Mario han Lunes ngan nakato gihapon ako han huybes
han sumunod na semana.)
DC1: Thursday of the following week, which was…
Sept. 20, 2018? Am I correct? (Huybes han sunod na
semana...September 20, 2018? Asya na?)
Witness2: Yes. (Oo)
DC1: What time were you there at your Mario’s house?
(Ano nga oras ka nakadto kanda Mario balay?)
Witness2: I think it was around 7:30 in the evening. I
ate dinner with them that night. (Mga dapit 7:30 han
gabi. Nanihapon ako ha ira hadto na gabi.)
DC1: And was Victor also there? (Tapos nakadto gihap
hi Victor?)
Witness2: Yes, he was. (Oo, nakadto gihap)
DC1: And until what time did you stay there? (Kutob
ano nga oras ka ngadto?)
Witness2: I think around 11 o’clock? (Mga alas-onse
ada?)
DC1: And Victor was just there the whole time?
(Nakadto la hi Victor han bug-os na oras na nakadto
ka?)
Witness2: Yes. (Oo)
12
DC1: I am showing to the court this picture printed out Witness2: Yes. (Oo)
of the witness’ Facebook account of his travel during
September 14 to September 23. Can you please Pros: But you left Mario’s place the same night,
identify to this honorable court who are the persons correct? (Pero lumakat ka mismo han gabi gihapon,
you are with in this particular picture? (May-ada ko asya?)
igpappakita na litrato na ginprint tikan kan witness
Facebook han iya travel han Sept 14 - Sept 23. Alayon Witness2: Yes. (Oo)
paki-tudlok ko hini an mga tawo na upon nimo hini na
litrato?) Pros: Are you close with Mario? (Close ba kamo ni
Mario?)
Witness 2: This is Victor, and that is his cousin Mario.
(Hi Victor inin ngan hi Mario.) DC: Objection, your honor. The fiscal has already asked
the same question earlier during the cross-
DC1: We respectfully move that the picture identified examination.
and admitted to have been uploaded from facebook on
September 20, be marked as Exhibit 4B-1. Court: rules

DC1: Mr. Witness, you said earlier that you booked
your ticket as well as Victor’s ticket. Did you mean both
Victor’s flight to Singapore and his flight home was
booked by you? (Mr. WItness, nayakan ka kanina na
ikaw an nagbook han iyo ticket ni Victor. An
kurugsignon ba hinin an flight ni Victor tikadto ngan
an iya tibalik, ikaw an nag-book?)
Witness2: Yes maam. Initially he was booking a mere
one-way ticket. I joined him and paid for it instead
which is why we were on the same flight from Manila
to Singapore. (Yes, maam. Ha katikangan hiya an
nagbook han iya one way tikadto. Ginupdan ko nala tas
ako la anay nagbayad asya an nanabo, parehas kami
hin flight Manila to Singapore.)
DC1: But you didn’t have the same flight as him going
back? (Pero diri kamo pareahs hin flight tibalik?)
Witness2: Originally, we had the same date of flight
home but I had matters to attend to so I had to re-book
my flight home. (Dapat dungan gihap kami nauli kaso
may-ada ko pa ginatindiran asya ginrebook ko an akon
pauli na flight.)
Pros: The picture that was earlier presented in court
was uploaded on September 20, is that correct? (An
picture na ginpakita kanina gin-upload adto
September 20, eksakto?)
Witness2: Yes. (Oo)
Pros: But you’d agree with me that the same could
have been taken prior to September 20 and was only
belatedly uploaded? (Pero matuod ka ha ak na inin na
picture pwede man ginkuha waray pa nag September
20 tas naurhi la pagupload?)
DC: Objection, your honor, fiscal is assuming facts.
Pros: I simply want to confirm when the picture was
actually taken.
Court: rules
[If overruled, witness answers]
Witness2: No, it was taken on September 20. (Diri,
September 20 iton ginkuha.)

DC1: But you were the one who booked the ticket, Pros: Are you sure of that, Mr. Witness? (Siguardo ka,
right? Can you tell this Court what date of flight from Mr. Witness?)
Singapore to the Philippines did you book for Victor?
(Pero ikaw la gihapon an nagbook han ticket, eksako? Witness2: Yes, I’m sure. (Oo, sigurado ako.)
Pwede ka magsumat ano nga adlaw an flight tikang
Pros: That’s all, Your honor.
Singapore pabalik Pilipinas an imo ginbook para kan
Victor?)

Witness2: It was September 21, 2018. (September 21,

2018 adto)

DC1: Thank you. No further question, your Honor.

xxx Re-Cross Examination xxx

Pros: You’ve mentioned, Mr Witness, that you were

with Victor Maescapo on September 20, yes?
(Nagyakan ka Mr. Witness na magupod kamo ni Victor
Maescapo han September 20, ano?)

13