Vous êtes sur la page 1sur 9

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT


NATIONAL JUDICIAL CAPITAL REGION
PASAY CITY, METRO MANILA
RTC BRANCH 1

PEOPLE OF THE PHILIPPINES,


Plaintiff,

versus Criminal Case No. 4567


For: Rape

ERICK JOHN PAUL SAYSAY y PILI


Accused.

TRANSCRIPT OF PROCEEDINGS

TRIAL – 22 February 2019

COC: All rise. This Court is now in session. Judge Gregorio


Pimentel, Jr. presiding.

JUDGE PIMENTEL: Please be seated.

COC: Good evening, ladies and gentlemen. Calling case


number 4567, People of the Philippines vs Erick John
Paul Saysay y Pili for the crime of Rape.

JUDGE PIMENTEL: Appearances.

Private Prosecutor: Assistant City Prosecutor Joyce Geluz for the State,
Your Honor.

Defense Counsel: Atty. Sandra Pasion-Golberg counsel for the accused,


Your Honor.

JUDGE PIMENTEL: Your witness prosecution.

COC: Please raise your right hand.


Ms. Witness, do you promise to tell the truth, the whole
truth and nothing but the truth so help you God?
WITNESS: I do.
COC: Please state your name and age.
WITNESS: My name is Ma. Consorcia A. Golea, I am eleven years
old.
COC: Where do you live?
WITNESS: I live at 798 Tramo Ave., Pasay City.

JUDGE PIMENTEL: Proceed.


Public Prosecutor: Your Honor, we formally offer that the testimony of Ma.
Consorcia A. Golea to prove that the rape was
committed to her by the accused Congressman Erick
Saysay.
Your Honor, we would like to move to exclude the
public for the witness is a child.
JUDGE PIMENTEL: Alright, the public is excluded.
Public Prosecutor: Thank you, Your Honor.
Con, you said a while ago your name and your age.
Can you again state your age? How old are you?
WITNESS: I am eleven years old.
Public Prosecutor: Con, do you want somebody to be with you there at the
witness stand?
WITNESS: No.
Public Prosecutor: So it is okay. Con, may I know that on the night of
January 19, 2019, where were you?
WITNESS: I was at Congressman Saysay’s condominium.
Public Prosecutor: May we know how well do you know Congressman
Saysay?
WITNESS: I don’t know him so much but I know that he is a
Congressman and a TV Producer.
Public Prosecutor: Do you know him personally?
WITNESS: I met him.
Public Prosecutor: So you do not know him personally?
WITNESS: No, Your Honor.
Public Prosecutor: If you see him again, will you be able to recognize him?
WITNESS: Yes, your Honor.
Public Prosecutor: Can you point to us who is Congressman Saysay in
this courtroom?
WITNESS: That man.
COC: Mister, what is your name?
MAN: My name is Erick Saysay.
COC: For the record the witness pointed to the man wearing
blue long sleeves and denim pants, who identified
himself to be the accused, Erick John Paul Saysay y
Pili.
Public Prosecutor: Where is his condominium located?
WITNESS: At Shell Residences in Pasay City.
Public Prosecutor: What time was it, do you recall?
WITNESS: It was at night. Maybe at around eight o’clock (8:00)
PM.
Public Prosecutor: Do you have anyone with you?
WITNESS: Yes, my foster father.
Public Prosecutor: Can you state for the record the name of your foster
father?
WITNESS: El Mendoza.
Public Prosecutor: On the night of January 19, 2019, is there anything
unusual that happened?
Defense Counsel: Objection, Your Honor. Leading.
JUDGE PIMENTEL: Sustained. Reword your question counsel.
Public Prosecutor: On the night of January 19, 2019, what happened?
WITNESS: My foster father left me in the condo of Cong. Saysay.
Public Prosecutor: What did he do before he left?
WITNESS: He spoke with Cong. Saysay.
Public Prosecutor: What did they talk about?
WITNESS: And I heard him say babalikan na lang niya ako bukas.
Public Prosecutor: What happened next?
WITNESS: I was left in the bedroom and Congressman Saysay
told me that he wanted to change my clothes.
Public Prosecutor: So did you allow him to change your clothes?
WITNESS: No, I told him “huwag po” and that I can do it myself.
Public Prosecutor: Were you able to persuade him?
WITNESS: No, he even replied “Daddy mo naman ako”. He then
took off my blouse and skirt and panties then dressed
me with a long white shirt.
Public Prosecutor: So you were only in white shirt without your
underwear?
WITNESS: Yes.
Public Prosecutor: What happened next?
Defense Counsel: When I am about to go to bed, He kissed me on the
lips, inserted his tongue in my mouth and he touched
my vagina.
Public Prosecutor: What else did he do?
WITNESS: After that, he was lifting my shirt.
Public Prosecutor: Now, while he was lifting your shirt, what was your
position; will you tell the court?
WITNESS: I was lying.
Public Prosecutor: Lying on what?
WITNESS: On the bed.
Public Prosecutor: And, after lifting your shirt, what else did he do?
WITNESS: He was also touching his penis.
Public Prosecutor: And then what happened?
WITNESS: He hold me in one arm and then he holds his penis,
and then he made his penis touch my vagina.
Public Prosecutor: After that, what did you feel?
WITNESS: I started to cry because I am afraid.
Public Prosecutor: And then what happened?
WITNESS: Then, he made me lie on the bed, spread my legs apart
and placed a pillow under my back.
Public Prosecutor: After spreading your legs and placing the pillow under
your back, what happened next?
WITNESS: He inserted his finger in my vagina and mounted
himself between my legs with his hands rested on my
sides.
Public Prosecutor: And, after spreading your legs apart; what did he do?
WITNESS: After that, he lifted his shirt and held his penis.
Public Prosecutor: Your Honor, May we request that the vernacular be
used?
JUDGE PIMENTEL: Granted.
Public Prosecutor: Ano ang ginawa niya?
WITNESS: Tapos po, idinikit-dikit po niya yong ari niya sa ari ko.
Public Prosecutor: And while he was doing that; according to you, idinikit-
dikit niya ang ari niya sa ari mo; what did you feel?
WITNESS: I was afraid and then, I cried.
Public Prosecutor: How did you know that Congressman Saysay was
doing, idinikit-dikit niya yung ari niya sa ari ko?
WITNESS: Because I could feel it.
Public Prosecutor: You said you could feel it, in what part of your vagina
was Congressman Jalosjos, according to you, idinikit-
dikit niya yong ari niya sa ari mo?
WITNESS: In front of my vagina.
Public Prosecutor: In front of your vagina? Okay. Will you describe the
position of Congressman Jalosjos when he was doing
what you said, Idinikit-dikit niya sa ari ko?
WITNESS: He was holding me like this with his one hand; and was
holding his penis while his other hand, or his free hand
was on the bed.
Public Prosecutor: And, for how long did Congressman Jalosjos perform
that act, which according to you, idinikit-dikit niya yong
ari niya sa ari ko?
WITNESS: Sandali lang po yon.
Public Prosecutor: And, after doing that idinikit-dikit niya yong ari niya sa
ari ko, what else did he do?
WITNESS: Then, parang itinutok niya po yong ari niya at idiniin-
diin niya ang ari niya sa ari ko.
Public Prosecutor: You said, Congressman Saysay itinutok niya yong ari
niya sa ari ko; at idiniin-diin niya yongari niya sa ari ko;
Now, while he was doing that act, what was the position
of Congressman Saysay?
WITNESS: His two hands were on my side and since my legs were
spread apart; he was in between them, and doing an
upward and downward movement.
Public Prosecutor: And what did you feel when Congressman Saysay was
making that movement, is it pushing or pumping?
WITNESS: Dinidiin niya. I felt pain and then I cried.
Public Prosecutor: Where did you feel the pain?
JUDGE PIMENTEL: Inside my vagina.
Public Prosecutor: Dinidiin niya ba, what do you mean?
JUDGE PIMENTEL: Idinidiin niya ang ari niya sa ari ko.
Public Prosecutor: And what did you feel when you said: he was idinidiin
niya ang ari niya sa ari ko?
JUDGE PIMENTEL: Masakit po.
Public Prosecutor: And after doing that, what else did he do?
WITNESS: After that, he instructed me to go to sleep. I put down
my clothes and then, I cried myself to sleep.
Public Prosecutor: On the next morning, what happened?
WITNESS: I found bent over and kissing me. He then gave me a
bath where he rubbed soap all over my body, caressed
my breasts and inserted his finger into my vagina. I felt
pain and shoved his hand away.
Public Prosecutor: You were able to leave that morning, is that correct?
WITNESS: Yes.
Public Prosecutor: After that incident, were you able to cope up with what
happened?
WITNESS: No. It is still painful when I remember what happened.
Public Prosecutor: What did you feel?
WITNESS: It was painful, and it is very hard to sleep, to move, the
things that I have to do for school, I cannot do.
Private Prosecutor: Were you able to go to school after the incident?
WITNESS: Yes. I had to because it is very traumatizing.
Private Prosecutor: Can you describe to us on how do you feel about
yourself after that?
WITNESS: I feel that I am very dirty. That I can no longer play with
my friends.
Private Prosecutor: No further questions, Your Honor.
JUDGE PIMENTEL: Cross?
Defense Counsel: How old are you again?
WITNESS: I am eleven years old.
Defense Counsel: Do you have proof?
WITNESS: Yes.
Defense Counsel: What proof do you have?
WITNESS: Birth certificate.
Defense Counsel: Yu mentioned a while ago that you have a foster father,
what’s his name again?
WITNESS: Eller-Jed Mendoza.
Defense Counsel: How long have you been in the care of your foster
father, Mr. Mendoza?
WITNESS: About a couple of months.
Defense Counsel: When you were a baby or just a few months now?
WITNESS: Since birth.
Defense Counsel: Do you have any idea about his job?
WITNESS: I am not sure.
Defense Counsel: Does he talk about work?
WITNESS: No.
Defense Counsel: What is your educational background?
WITNESS: I am grade 3.
Defense Counsel: Do you know how to read and write?
WITNESS: Yes.
Defense Counsel: Did you made this affidavit alone or you ask someone
to help you?
WITNESS: I asked someone to help me.
Defense Counsel: Where are your parents?
WITNESS: I never met my parents.
Public Prosecutor: Objection, Your Honor. Irrelevant.
JUDGE PIMENTEL: Overruled.
Defense Counsel: You have no idea what your foster father do for a
living?
WITNESS: No.
Defense Counsel: How did he bring food to the table?
WITNESS: He just brings food to the table.
Defense Counsel: What do you think is the reason why he brings you to
Congressman Saysay’s place?
WITNESS: Maybe to just meet Congressman Saysay.
Defense Counsel: What do you want to be when you grow up?
WITNESS: I want to be an actress.
Defense Counsel: How is Congressman Saysay come into the picture,
how do you know him?
WITNESS: I know that he is a TV Producer.
Defense Counsel: How? How did you know that he is a TV Producer?
WITNESS: Sometimes I see him on TV and my foster father talks
about him.
Defense Counsel: Did you ask your foster father who exactly
Congressman Saysay is?
WITNESS: No, I was just very excited to meet him.
Defense Counsel: Do you often see him on TV or you meet him
anywhere?
WITNESS: Only on TV.
Defense Counsel: How?
WITNESS: When I was just watching.
Defense Counsel: How many times have you meet Congressman
Saysay?
WITNESS: Only that time in his condo unit.
Defense Counsel: Prior to that, do you have any metings with
Congressman Saysay?
WITNESS: None.
Defense Counsel: Again, you have seen him only once?
WITNESS: Personally, yes.
Defense Counsel: Do you remember the date you met him?
WITNESS: January 19, 2019.
Defense Counsel: Shortly, how will you described your meeting with him?
WITNESS: It was bad.
Defense Counsel: Do you have a boyfriend?
WITNESS: None.
Defense Counsel: Have you had any sexual experience?
WITNESS: No.
Defense Counsel: Would you say that that was your first experience?
WITNESS: Yes.
Defense Counsel: No further questions, Your Honor.
JUDGE PIMENTEL: Okay, No re-direct.
Private Prosecutor: Your Honor, we would like to ask for continuance.
Defense Counsel: No objection, your Honor.
JUDGE PIMENTEL: When this case was called for initial prosecution
evidence accused Erick Saysay appeared with his
counsel Atty. Sandra Pasion-Golberg. The prosecution
represented by Assistant City Prosecutor Joyce Geluz
and the complainant likewise appeared. The
prosecution calls to the witness stand its first witness,
the complainant Ma. Consorcia A. Golea, and that
testimony on direct as well as cross are finally
terminated. After the testimony of the said witness,
prosecution moved for continuance. Having no
objection from the defense, the motion is granted. Let
the continuation for additional prosecution evidence to
be set on on March 1, 2019 at 7:30PM. So Ordered.
Public Prosecutor: Permission to leave, Your Honor.
JUDGE PIMENTEL: Granted.
Defense Counsel: Permission to leave, Your Honor.
JUDGE PIMENTEL: Granted

- Nothing Follows -

Ma. Zandra Clindy A. Garcia


Court Stenographer
22 February 2019 at 7:30PM