The actors would play the role of judge, prosecution, defense, victim, accused, witnesses which

would be labeled as P, D, V, A, W respectively in this script.

Characters:
P- Prosecution
D-Defense
V-Victim/Complainant
A-Accused
CA-Co-Accused
COC – Clerk of Court
I- Interpreter
S-Stenographer
W-Witness/Witnesses
-Helen Calderon-PA/Yaya
-Arresting Officer
-Taxi/Cab Driver
-Dr. Brion/NBI Medico Legal Expert
-Mother of Victim
-Co-Accused
-Accused
- Pineda
- Jose
-Canal
-Aquino

Setting: Courtroom

CASE: People vs. Jose (Maggie Dela Riva Case)

(Assuming that professor would jump to direct examination of witness skip this part)

COC: For the trial, all rise.

[Everybody stands pagpasok ni judge]

Court Interpreter:

All rise. RTC Branch 88 is now in session. Honorable Judge Maria Michelle Dulce
Candelaria-Matias presides.

(Ecumenical Prayer)

1
 Let us seek guidance from above, Almighty God, we stand in your holy presence
as our Supreme Judge. We humbly beseech You to bless and inspire us so that
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 become effective channels of truth,
justice and peace. Please sit down.

Judge: The Court is now on session call the case.

I. Arraignment

Court Interpreter: People of the Philippines vs JAIME JOSE Y GOMEZ, BASILIO PINEDA, JR.
Alias "BOY," EDUARDO AQUINO Y PAYUMO alias "EDDIE" and ROGELIO CAÑAL Y SEVILLA
alias "ROGER,”, WONG LAY PUENG, SILVERIO GUANZON Y ROMERO and JESSIE GUION Y
ENVOLTARIO, G.R. No. L-28232 for Forcible Abduction with Rape

P: City prosecutor (name) for the prosecution, your Honor. (Opening Statement) includes that
one of the co-accused is under the Witness Protection Program (WPP)

D: (name) respectfully appearing for the defense, your Honor. (Opening Statement)

Judge: Is the accused around?

D: The accused is around, your Honor.

Judge: Arraign the accused. (tender of appearance)

Court Interpreter: People of the Philippines vs Jose G.R. No. L-28232 for Forcible Abduction
with Rape. The undersigned complainant accuses JAIME JOSE Y GOMEZ, BASILIO PINEDA,
JR. Alias "BOY," EDUARDO AQUINO Y PAYUMO alias "EDDIE" and ROGELIO CAÑAL Y
SEVILLA alias "ROGER," as principals, WONG LAY PUENG, SILVERIO GUANZON Y ROMERO
and JESSIE GUION Y ENVOLTARIO as accomplices, of the crime of Forcible Abduction with
rape, committed as follows:

That on or about the 26th day of June, 1967, in Quezon City, and within the jurisdiction of
this Honorable Court, the above-named principal accused, conspiring together,
confederating with and mutually helping one another, did, then and there, willfully,
unlawfully and feloniously, with lewd design, forcibly abduct the undersigned
complainant against her will, and did, then and there take her, pursuant to their common
criminal design, to the Swanky Hotel *in Pasay City, where each of the four (4) accused,
by means of force and intimidation, and with the use of a deadly weapon, have carnal
knowledge of the undersigned complainant against her will, to her damage and prejudice
in such amount as may be awarded to her under the provisions of the civil code.

That WONG LAY PUENG, SILVERIO GUANZON y ROMERO, and JESSIE

GUION y ENVOLTARIO without taking a direct part in the execution of the offense
either by forcing, inducing the principal accused to execute, or cooperating in its
execution by an indispensable act, did, then and there cooperate in the execution
of the offense by previous or simultaneous acts, that is, by cooperating, aiding,
abetting and permitting the principal accused in sequestering the undersigned

2
 complainant in one of the rooms of the Swanky Hotel then under the control of the
accused Wong Lay Pueng, Silverio Guanzon y Romero and Jessie Guion y
Envoltario, thus supplying material and moral aid in the consummation of the
offense.

That the aforestated offense has been attended by the following aggravating
circumstances:

1. Use of a motor vehicle.

2. Night time sought purposely to facilitate the commission of the crime and to
make its discovery difficult;

3. Abuse of superior strength;

4. That means were employed or circumstances brought about which added

ignominy to the natural effects of the act; and

5. That the wrong done in the commission of the crime be deliberately augmented
by causing other wrong not necessary for the commission.

Court Interpreter: Do you understand the allegations of the facts?

Accused: Yes, your honor.

Court Interpreter: What is your plea?

Accused: Not guilty, your honor.

Interpreter: The accused pleaded not guilty, your Honor.

Judge: Proceed with the trial. Prosecution, who is your first witness?

II. Direct Examination

Prosecutor: The victim herself, Magdalena "Maggie" de la Riva, your Honor.

Judge: Is she ready?

Prosecutor: Yes, your Honor.

Judge: Call your witness.

Prosecutor: The prosecution would like to call MS. "Maggie" de la Riva to the witness stand.

3
P: Your Honor, the purpose of the testimony is to prove that the accused committed
rape against the victim, Ms. Maggie dela Riva.
D: Objection, Your Honor. The purpose is already a conclusion.
J: Objection, sustained. Paraphrase the same, counsel.
P: Your Honor, the purpose of the testimony is to prove that on or about the 26th day
of June, 1967, in Quezon City, and within the jurisdiction of this Honorable Court, Jaime Jose
Gomez, Basilio Pineda, Jr. alias "Boy," Eduardo Aquino y Payumo alias "Eddie" and Rogelio Cañal
y Sevilla alias "Roger," as principals, conspiring together, confederating with and mutually
helping one another, did, then and there, wilfully, unlawfully and feloniously, with lewd design,
forcibly abduct the complainant against her will, and did, then and there take her, pursuant to
their common criminal design, to a room where each of the four accused, by means of force and
intimidation, and with the use of a deadly weapon, have carnal knowledge of the complainant
against her will.
Judge: Please swear the witness.

Clerk of Court: Please raise your right hand. Do you swear or affirm to tell the truth, the whole
truth and nothing but the truth?

Witness: I DO.

Prosecution: Ms. Witness, please state your name and profession for the court.

Witness: I, Magdalena Dela Riva, I’am a movie actress.

P: Ms. Witness, can you tell us where you were on the morning of June 26, 2018 specifically at
about 4:30AM?

M: I was driving my car, on my way home.

P: Were you driving alone?

M: No, I was with Helen, my maid.

P: Where was your maid sitting in the car?

M: Helen was sitting next to me.

P: In the passenger seat?

M: Yes, at the front seat next to the driver.

P: Where were you coming from?

M: I was going home from the ABS Studio on Roxas Blvd.

P: On your way home, what happened?

4
M: When I was already near our house, a Pontiac two-door convertible car, driven by a man
with three other men aboard, came near my car and tried to bump us.

P: How did you know what car it was?

M: I saw the Pontiac logo.

P: What happened when the Pontiac tried to bump you?

M: I stepped on the brakes to avoid a collision, and then pressed on the gas and swerved the
car to the left, at the time we were already in front of our gate; but because the driver of the
other car also accelerated his speed, we almost collided for the second time.

P: Then what happened?

M: The driver of the other car stopped their car, jumped out and rushed towards me.

P: Did you see the face of the driver?

M: Yes.

P: Do you remember his face?

M: Yes.

P: If asked to identify him, will you be able to?

M: Yes

P: He is in this room, isn’t it?

D: Objection your honor! Misleading! (assumes as true a fact not yet testified)

Judge: Objection sustained!

P: Let me rephrase that your, Honor. Ms. Magie, is the person who rushed towards you, inside
this court?

M: (looks around the room) Yes.

P: Will you please point to said driver?

M: (points to Pineda)

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C: (goes to Pineda) Please state your name.

Pineda: Basilio Pineda, Jr.

C: (goes back to his/her seat) Witness points to a man wearing *description of what Pineda is
wearing* and when asked to state his name, he said Basilio Pineda, Jr.

P: (to Maggie) What happened after the driver rushed towards you?

M: The driver opened my car door and grabbed me.

P: Did you resist?

M: I did. I screamed for help. Even Helen went out of the car and tried to help me get free from
Pineda. But we were both overpowered by him, he dragged me to his car.

P: What happened after Mr. Pineda dragged you to his car?

M: When we were very near the Pontiac car, the three men inside helped Pineda: one of them held
me by the neck, while the two others held my arms and legs to completely push me inside the car,
which sped away as driven by Pineda.

(inside the Pontiac)

P: Inside Pineda’s car, where were you seated?

M: I was made to sit between the two guys at the back seat.

P: How many men were inside the car?

M: There were four of them.

P: Did you see the faces of the other three men in Pineda’s car?

M: Yes.

P: Do you remember their faces?

M: Yes.

P: If asked to identify them, will you be able to?

M: Yes

6
P: Are they in this room?

M: (looks around the room) Yes.

P: Will you first please point the man at the front seat next to the driver?

M: (points to Cañal)

C: (goes to Cañal) Please state your name. Cañal: Rogelio Cañal

C: (goes back to his/her seat)

Witness points to a man wearing *description of what Cañal is wearing* and when asked to state
his name, he said Rogelio Cañal.

P: Will you now point to the man that was on your left in Pineda’s car?

M: (points to Jose)

C: (goes to Jose) Please state your name.

Jose: Jaime Jose

C: (goes back to his/her seat)

Witness points to a man wearing

*description of what Jose is wearing*

and when asked to state his name, he said Jaime Jose.

P: Will you now point to the man that was on your right in Pineda’s car?

M: (points to Aquino)

C: (goes to Aquino) Please state your name.

Aquino: Edgardo Aquino

C: (goes back to his/her seat)

7
Witness points to a man wearing *description of what Aquino is wearing* and when asked to state
his name, he said Edgardo Aquino.

P: What happened inside the car?

M: I pleaded for them to release me but they just jeered at me and said (abusive and impolite
language). They even threatened that they would finish me with their Thompson and throw
acid at my face if I did not keep quiet.

P: Did they rape you while inside the car?

D: Objection your honor! Misleading!

J: Objection sustained.

P: Let me change the question, your Honor. What else happened while you were inside the car
with them?

M: Jose put one arm around me and forced his lips upon mine (starts crying); while Aquino
placed his arms on my thighs and lifted my skirt. I tried to resist them. I kept begging them to
release me but they screamed at me to shut up or they will kill me. So I started praying because I
felt so helpless.

P: Did that stop them from abusing you?

D: Objection your honor. The question is leading!

J: Objection sustained.

P: Ms. Maggie, do you remember where they took you?

M: Not entirely.

P: Why “not entirely?”

M: When they dragged me inside the car, I was still able to see that we were heading towards
Broadway, and then to Aurora Boulevard, and then to EDSA. But when the car reached Makati, I
saw Aquino took a handkerchief from his pocket which he then used to blindfold me. From there,
I didn’t know anymore where we headed. The next thing I saw was I was already in what looked
like a hotel room.

P: How long did it take you to travel from the time you were blindfolded to the hotel room?

M: It took around 15 minutes.

P: So how were you able to get out from the car and reached the said room?

8
M: I was then led out of the car. I remember climbing a set of stairs. Then I heard what sounded
like a door knob being opened. So I figured we were getting inside a room on a second floor.

P: What happened next?

M: They made me sit on a bed and then removed my blindfold.

P: Where were the four men?

M: When they removed my blindfold, I saw Pineda and Aquino standing in front of me, Jose and
Cañal sitting beside me, all of them smiling meaningfully. Pineda then told me:
"Magburlesque ka para sa amin." The other three agreed and ordered me to disrobe.

P: Did you follow their orders?

M: No, I defied them. One of the them suggested putting off the light so that the I would not be
ashamed, but the others didn’t like the idea because they said that it would be more pleasurable
for them if the light was on. They then told me to remove my stocking because it will make it more
exciting.

P: And you followed their orders?

M: Yes. But with all reluctance. I did it so slowly that they cursed me and threatened me again
with the Thompson and the acid.

P: What happened next, if any?

M: They started pushing me around. One of them pulled down the zipper of my dress; another
unhooked my bra. I held on tightly to my dress to prevent it from being pulled down, but I
couldn’t stop them; my dress and my bra fell on the floor.

P: So you were now naked?

M: (cries) Yes. They were kneeling in front of me and ogling my body.

P: How long were they ogling you?

M: It lasted for about ten minutes until Pineda picked up my clothes and left the room with his
other companions.

P: Did they return after leaving the room?

M: Jose re-entered the room very quickly and began undressing himself. I begged him to ask
his friends to release me. But instead he pushed me backward and pinned me down on the
bed.

9
P: Did he physically hurt or hit you in that situation?

D: Objection. Leading.

J: Sustained. Mr. Prosecutor, rephrase your question.

P: What happened next when you were pinned on the bed by Jose?

M: I tried resisting but he hit me several times on my stomach and other parts of my body. I
crossed my legs tightly, but he was so strong that he forced them open. (cries)

P: Did he have sex with you?

D: Objection. Leading!

J: Objection sustained.

P: Ms. Maggie, what did you feel when he was having sex with you?

D: Objection, your Honor! Misleading.

Your Honor, this is the counsel keeps asking misleading and leading questions for already 6 times.
I would like to manifest that this be registered as a continuing objection and move to
strike out the answer.

J: Objection sustained. Proceed.

P: Ms. Maggie, why was Mr. Jose forcing your legs to open?

M: So that he can successfully put his ___ inside me. He then succeeded in having sex with me.
(cries)

P: Did you like it?

DEFENSE: Objection: leading.

JUDGE: Sustained. Mr./Ms. Prosecutor, rephrase your question.

P: Ms. Witness, what did you feel when he was having sex with you?

M: I hated it (cries). I tried stopping him but I couldn’t.

P: After Jose had sex with you, what happened after, if any?

10
M: He left the room and Aquino entered the room next.

P: Did you also resist Aquino?

M: Yes. I tried resisting Aquino but he also hit me on different parts of the body. I couldn’t do
anything. He also succeeded in having sex with me.

P: What did you feel during the time Aquino was having sex with you?

M: I hated it.

P: Why do you say you hated it?

M: I didn’t want to be raped. It was against my will.

P: What happened after, if any?

M: I lost consciousness.

P: When did you wake up?

M: I would say immediately after; because they poured water on my face and slapped me to
wake me up. I saw the other three in the room but when they saw me awake, they left me
with Pineda.

P: So, at that time, Jose and Aquino already had sex with you?

M: Yes.

P: After Aquino succeeded in having sex with you, what happened after, if any?

M: They left me with Pineda, I still resisted but he hit me. Pineda also succeeded in having
sex with me.

P: What did you feel during the time Pineda was having sex with you?

M: I hated it. I didn’t want to be raped. It was against my will. (cries)

P: What happened after, if any?

M: I lost consciousness.

P: Were you able to regain said unconsciousness?

11
M: Yes. They poured water on my face again and slapped me several times. I saw the other three
again in the room and heard them say that they had to revive me so I would know what was
happening. (cries) They then left me with Cañal. I still resisted but he also hit me on different
parts of my body and succeeded in having sex with me.

P: What did you feel during the time Cañal was having sex with you?

M: I hated it. I didn’t want to be raped. It was against my will.

P: So now all of the four accused, Jose, Aquino, Pineda, and Cañal, had sex with you?

M: Yes.

P: Can you please tell again to this court what you felt during each of the time Jose, Aquino,
Pineda, and Cañal was having sex with you?

M: I hated every instance. I hated every second of it. I didn’t want them to have sex with me. I
didn’t want to be raped. How could they do that to me???

P: What happened after, if any?

M: They gave me my clothes back and told me to get dressed. They told me to put my stockings
on, wash my face and comb my hair.

P: Why did they tell you that?

M: They said it was to give the impression that nothing had happened to me.

P: Did they say anything else, if any?

M: They told me to tell my mother that they mistook me for a hostess, and that when the they
found out that I was a movie actress, I was released without being harmed. They told me not
to inform the police or they will hunt me and disfigure my face with acid.

P: By “they,” who are you referring to?

M: Jose, Aquino, Pineda and Cañal.

P: Did you follow their orders?

M: Yes, I got dressed and fixed myself. But all the while I was scared.

P: Why were you scared?

M: Because they had just succeeded in raping me, against my will. Each man was stronger than
me, but now they were all again together. What could I do? I was too overpowered. And

12
even so, they still threatened to kill me with their Thompson and pour acid at my face, I was
so scared.

P: What happened, if any, after you got dressed?

M: They blindfolded me again and led me back to the car.

P: How did you know you were in the car if you were blindfolded?

M: I know what sitting in a car feels like and I heard car doors.

P: What happened, if any, inside the car?

(in the car) M: Inside the car, Jose held my head down on his lap, and kept it in that position
during the trip.

P: What else, if any, happened during the trip?

M: The four men were discussing where to drop me. (in front of the Free Press Building)

P: Were they able to decide where to drop you?

M: Yes. They decided to drop me in front of the Free Press Building not far from EDSA near
Channel 5. They said that it was to make it appear that I had just come from the studio.

P: What happened after, if any?

M: Pineda asked Jose to alight and hail a taxicab and to choose one which did not come from a
well-known company.

P: Did Jose followed Pineda’s request?

M: Yes. I saw Jose let several taxicabs pass by before flagging a UBL taxicab.

P: Did the four men do anything, if any, after Jose flagged down a UBL taxicab?

M: They warned me not to inform anyone of what had happened to me.

P: What happened after, if any?

M: Cañal accompanied me to the taxicab.

(inside the taxicab)

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P: What happened, if any, in the taxicab?

M: Then I broke down and cried. I was so scared. I kept asking the driver if a car was following
us.

P: What did the driver answered?

M: The driver said no every time.

(at the De la Riva Residence)

P: Where did the taxicab take you?

M: To my house.

P: Was anyone, if any, in your house when you arrived?

M: My mother and Ben was there. I also saw several policemen and even reporters.

P: What did you do, if any, when you arrived at your house?

M: When I saw my mother, I ran toward her and said, "Mommy, Mommy, I have been raped. All
four of them raped me."

P: What happened after, if any?

M: My mother brought me upstairs and told me to take a bath and a douche.

P: Did you follow your mother’s instructions?

M: Yes, immediately took a bath and a douche. She told me to douche myself two or three times
daily with a strong solution to prevent infection and pregnancy.

P: And you did as you were told?

M: Yes. I douched myself two or three times everyday.

P: What else, if any, happened when you arrived home?

M: They called the family doctor, and treated me for external physical injuries.

P: Did the family doctor know why you had injuries?

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M: No, we didn’t inform him of what happened.

P: Why not?

M: We were still undecided on what to do.

(on the afternoon of June 28, 1967)

P: When have you decided to act or to not act upon the incident?

M: It was on the afternoon of June 28, 1967 or two days after the incident.

P: Why did it take you 2 days to discuss about the matter?

M: I was in a state of shock. It was only then that I was somehow able to talk about it to my family.

P: So how did you decide upon action to be taken?

M: My family gathered to discuss whether to report it to the authorities or not.

P: What did you and your family decide on?

M: We decided that the authorities had to be informed.

(early on the morning of June 29, 1967, or on the fourth day after the incident)

P: And did you inform the authorities?

M: Yes. I went with my lawyer [Atty. Regina O. Benitez] and some members of my family, to the
Quezon City Police Department Headquarters.

P: What did you do in the police headquarters?

M: We filed a complaint and I executed a statement narrating the incident and gave descriptions
of the four men who abused me.

(physical examination)

P: Did you do anything else, if any, after you filed your complaint?

M: Yes, I went in for a medico-internal examination.

P: Who examined you?

15
M: Dr. Ernesto Brion.

P: No further questions, Your Honor.

Judge: Thank you Counsel. The Defense would like to cross examined the witness?

Defense: Yes, Your Honor!

CROSS EXAMINATION BY THE DEFENSE

D: Ms. Maggie, do you have a boyfriend right now?

P: Objection, your Honor. Irrelevant!
D: Your Honor, I am leading to a relevant question.
J: Objection, overruled. Proceed.
D: Ms. Maggie, are you sexually active?
P: Objection, your Honor. Irrelevant!
J: Go directly to the point, counsel.
D: Yes, Your Honor. Ms. Witness, I have here with me the Medical Report of your medico-
internal examination under Exhibit A, stating that no semen was found in your vagina.
P: Objection, your Honor. Hearsay. The medical report is protected under physician-patient
privileged communication.
D: With all due respect, your honor. When the victim submitted herself to medico-internal
examination as ordered by the court, Rule 28 of the ROC provides that the party examined
waives any privilege she may have regarding the testimony of other person who has examined
her in respect of the same physical examination.
J: Objection overruled.
D: Ms. Maggie, you said earlier that the accused threatened that they would finish you with their
Thompson and throw acid at your face. Did you actually see the Thompson and/or the acid?
M: No.

D: Have you ever seen a Thompson, Ms. Maggie?

M: No.

D: Have you ever been thrown with an acid?

M: No.

D: Then why were you threatened with these objects when you have neither have seen it in the
alleged incident nor in your whole life?

P: Objection, Your Honor. Judicial Notice! (under ‘public knowledge’)

16
J: Objection sustained.

D: Ms. Maggie, we have another document as Exhibit B, a Psychiatric Report saying that you were
seeing a psychiatrist since you were seven years old. Can you affirm the veracity of this report that
you were mentally incompetent?

P: Objection, your honor. I move that the question be stricken out as the matter has not been
stated in the direct examination and the evidence presented is a mere photocopy.

J: Objection sustained. Proceed.

D: You said you were blindfolded while inside the car.

M: Yes, I was blindfolded when I continuously implored them to release me.

D: Having been unable to see anything while in the car since you were blindfolded, so you cannot
accurately testify the facts of the whole incident?

P: Objection, your Honor. Leading.

J: Leading questions are allowed in cross-examination, counsel. Objection,

overruled.

D: That would be all your honor.

Judge: Thank you Counsel!

The prosecution would like to conduct a redirect?

P: Yes, Your Honor.

III. RE-DIRECT EXAMINATION

P: Ms. Maggie, do you still still see a Psychiatrist until now?

M: No.

P: When was the last time you have last consulted a Psychiatrist?

M: Before I turned 18 years old. When I reached 18, I stopped seeing my psychiatrist as I was
advised that I am already well and that there is no need for me to attend sessions with my
psychiatrist.

17
P: And what was the reason why you were seeing your Psychiatrist?

M: Schizophrenia.

P: Did your schizophrenia occur again after you stopped seeing your psychiatrist?

M: Not anymore.

P: Can you say that right at this time of your production for examination that you are intelligently
making known to all of us here in this court, the facts you have seen or observed from the incident?
(Hence, cannot be disqualified by reason of mental incapacity as attempted by the defense in
cross-examination)

M: Yes.

D: Objection, your honor! Leading!

P: Your, honor, I would like to offer the testimony of Ms. Maggie Dela Riva marked as Exhibit
_____ ?

P: That would be all, your honor.

J: Thank you, Counsel.

Co-Accused Rogelio Canal (under Witness Protection Order)

Judge: Prosecution, who is your next witness?

I. Direct Examination

Prosecutor: Your honor, our witness is one of the four accused for the purpose of establishing
that there was a plan among the accused to abduct and rape her.

Judge: Is he ready?

Prosecutor: Yes, your Honor.

Judge: Call your witness.

Prosecutor: The prosecution would like to call Mr. Rogelio Canal to the witness stand please.

18
(insert purpose)

Judge: Please swear the witness.

Clerk of Court: Please raise your right hand. Do you swear or affirm to tell the truth, the whole
truth and nothing but the truth?

Witness: I DO.

Prosecution: Mr. Witness, please state your name and personal circumstances to this court.

Witness: I am Rogelio Canal, 29 years old, a resident of Brgy. Old Balara, Quezon City.

P: Mr. Canal, can you tell us you whereabouts of June 26, 2018?

W: We were at the house of (one of the accused). We had a pot session since the night before
that.

P: What do you mean by “pot session?”

W: We gathered in __’s room and used shabu.

P: Who were you with?

W: ___

P: Then what came next, after that?

W:________

Prosecution: Here with me is an electronic print of a Facebook Messenger conversation of a chat

group presented as Exhibit 1, with a chat group name of “Maggie Shabu Boys!” Can the document
be identified by the witness for the purpose of establishing the conspiracy among the accused and
be marked as Exhibit 1?

D: Objection, your honor. The question is leading and the evidence presented is incompetent
being a hearsay.

P: With all due respect your Honor, if the chat group be identified by the witness that he is a
member of the said chat group, electronic evidence is admissible when proved by the
testimony of a person who was a party to the same.

J: Objection, overruled.

Prosecution: Again, Mr. Witness. Can you identify whether or not this chat group is known to
you?

Witness: Yes. I am part of that chat group.

19
Prosecution: Mr. Witness, based on the conversation premeditation is clear in committing the
crime being charged? Is it true?

D: Objection, your honor. Misleading!

J: Objection, sustained. Rephrase your question, counsel.

P: How did you know Maggie dela Riva?

W: She is a known actress. I have known her in television.

P: Do you know where she lives?

W: Yes.

P: How do you know where she lives?

W: Me and my friends are her fanatics. We day dream about her. We stalk her.

P: Do you talk about her in your group chat?

W: Always. That’s why we named the group chat as “Maggie Shabu Boys” as it is named after her
and our pastime of using drugs.

P: In this printed electronic document, one of the members of the group, Jose Jaime, initiated
to plot an abduction against Maggie. It states, “Let’s abduct her from outside her house before
she gets inside the gate!” Can you testify before this court whether this statement was part of the
chat thread?

W: Yes. It was part of the thread.

P: Where were you when you read such particular statement?

W: I was in the room of one of the accused in their house. We, name of the co accused, were all
there. Although we were on the same room, we were talking through chat.

P: Why were you talking through chat even when you were just in the same room?

W: That’s how we are when on a pot session.

P: And what else did you discuss on such particular thread of conversation?

W: We laid down our plan how to abduct her. That we will wait for her car to arrive outside her
house’s gate and would drag her out from her car before she will be able to get inside the gate.

P: And what was your next plan according to the chat group?

W: That we will transfer her in our car and bring her in a hotel room where we will all f* her.

P: And did this plan materialize?

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W: Yes.

P: When did this plan materialize?

W: It was right after our pot session.

P: And when was this?

W: We left the house of Jose Jaime when we finished our pot session there at around 2am.

P: And where did you go after?

W: We headed to the house of Maggie in New Manila.

P: How long did you wait for her?

W: Around 2 hours. She arrived at around 4am.

P: Who is the mastermind behind the abduction?

W: It was Pineda’s idea to grab her from his car.

P: At the time of abduction, what have been your participation and other accused?

W: I was the one who gave the direction going to Maggie’s office. On our way to Maggie’s
workplace, our car stopped behind her car. I was shocked when Pineda got down hurriedly and
dragged her out of the car.

P: Did Ms. Dela Riva struggle with Pineda?

W: Ms. Dela Riva struggled with Pineda for around ten minutes before she was pushed inside
the Pontiac.

P: What did Pineda do after pushing her inside the car?

W: When Ms. Dela Riva was pushed inside the car, Pineda had blindfolded her.

P: What were you doing while this was happening?

W: I was shocked with what Pineda did and I was too afraid to do anything because he was so
angry and might direct his anger towards me.

P: Where did Pineda take her?

W: Pineda drove the car up to Swanky Hotel in Pasay City.

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P: Then what happened.

W: Pineda silently brought her to the hotel room and raped her along with the other accused.

P: Where were you when the rape incident happened?

W: I was in the lobby of the hotel. The CCTV footage proves that I was not around when Pineda
and the others raped Maggie.

D: Objection! The admissibility of the CCTV footage should not bet admitted for being
incompetent.

J: Overruled! (Purpose is to prove that Rogelio was in the lobby at the time of the incident and
not to prove that Pineda was the one raping her)

W: Pineda raped her along with the other accused.

P: So, it was Pineda, Aquino, and Jose who raped her?

W: Yes, your honor!

P: Your Honor we would like to offer the screenshots of the online conversation as an evidence as
pre-marked Exhibit ____. That would be all, your honor.

Judge: The defense, would like to cross examine the witness?

CROSS EXAMINATION AGAINST THE CO-ACCUSED

D: You said that you had a pot session. How long have you been using drugs?

P: Objection, your Honor. Incriminatory!

W: Your honor, I invoke my right against self-incrimination.

(A witness “must” answer questions even if it will tend to establish a claim against you. But if a
question calls for an incriminatory answer form the witness, it may be objected to.)

Judge: Objection sustained.

D: That would be all your Honor.

J: Thank you Counsel. The prosecution would like to redirect the witness?

REDIRECT (IF ANY)

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 b. Helen Calderon (Personal Assistant)

Prosecutor (P): The Prosecution would like to call Helen Calderon to the witness stand for the
purpose of establishing that the accused were identified and the circumstances of involving Ms.
De La Riva.

Clerk of Court: “Please raise your right hand. Do you swear to tell the whole truth and nothing
but the truth so help you God?”

Helen (H): I do.

P: Witness, please state your name and profession for the court.

H: I am Helen Calderon, and I am Miss De la Riva’s maid.

P: Ms. Witness, would you please tell us where you were on the morning of June 26 [1967],
specifically at about 4:30AM?

H: I was accompanying my employer, Ms. de la Riva, and we were on our way home after she
finished her work.

P: And what happened after that?

H: We were already close to home when a car tried to bump the car that Ms. De la Riva was
driving.

P: Do you know what kind of car that was?

H: If I could remember correctly, it was a Pontiac convertible car.

P: Do you know how many people were inside the convertible?

H: There were four of them.

P: What happened after the car tried to bump Ms. De La Riva’s car?

H: Ms. De la Riva tried to steer away from the car in order to avoid collision. I think during that
time we were already in front of the house. But the car tried to accelerate and bump her again.
At this point, Ms. De la Riva was already annoyed.

P: What incident happened next?

H: Ms. De la Riva was annoyed and I saw the driver of the other car alight and grab my
employer, Ms. De la Riva.

P: Which events subsequently transpired?

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H: The driver of the car kept pulling Ms. Maggie out of the car. By this time we were both
already screaming and I was trying to help Ms. Maggie be free from the grip of the driver. P: What
happened after that?

H: Ms. Maggie and I failed to set her free from the grasp of the driver. And he succeeded in
taking Ms. Maggie from the car.

P: Would you be able to identify the driver who took Ms. De la Riva out of her car?

H: Yes. P: Is the driver in this room right now?

H: Yes. P: Would you please point to me the driver who took Ms. De la Riva out of her car?

H: Points to Pineda. P: That would be all. Thank you very much, Ms. Calderon.

c. Pilar Torrente De la Riva (Mother)

Prosecutor (P1): The Prosecution would like to call Pilar Torrente De la Riva to the witness
stand for the purpose of the establishing that the Ms. De La Riva was raped in her declaration.

Clerk of Court: “Please raise your right hand. Do you swear to tell the whole truth and nothing
but the truth so help you God?”

Pilar (P2): I do.

P1: Witness, please state your name and occupation for the Court.

P2: I am Pilar Torrente De la Riva. I am Maggie Dela Riva’s mother. I am a housewife and I
manage the household affairs.

P1: Ms. Witness, would you please tell us where you were on the morning of June 26 [2018],
specifically at about 4:30AM?

P2: I was at home, anxiously waiting for my daughter’s return. I got very worried when the maid,
Ms. Helen Calderon, returned and told us that my daughter was taken by a man in a Pontiac
convertible.

P1: What did you do after the maid reported to you that Ms. De la Riva was abducted? (I guess
pwede mag object dito sa question na to)

P2: We immediately called the police to ask for help in locating my child. P1: Were you able to
locate Ms. Maggie?

P2: Yes. She came back around two and a half hours after Ms. Calderon told us she was
abducted.

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P1: What happened after she returned?

P2: She came home hysterical. She told me “Mommy, Mommy, I have been raped. All four of
them raped me.”

P1: What did you do after she made that statement, if any?

P2: I brought her upstairs and told her to douche and take a bath. I told her to to douche herself
two or three times daily with a strong solution to prevent infection and pregnancy.

P1: What happened after that?

P2: We called the family doctor to have her examined.

P1: What did you do after that?

P2: Two days after the incident, the entire family was debating whether or not to report the
incident to the police. We later on decided to report the case. That’s all.

P1: Thank you very much, Mrs. De la Riva.

Offer her testimony and JA as Exhibit _____.

CROSS (if any)

RE-DIRECT (if any)

d. Miguel F. Campos (Taxi Driver)

Prosecutor (P): The Prosecution would like to call Miguel F. Campos to the witness stand.

Clerk of Court: “Please raise your right hand. Do you swear to tell the whole truth and nothing
but the truth so help you God?”

Miguel (M): I do.

P: Witness, please state your name and occupation for the Court. M: I am Miguel F. Campos. I am
a taxi driver for UBL taxicab.

P: Mr. Witness, would you please tell us where you were on the morning of June 26 [1967],
specifically at about 6 am?

M: I was driving along Epifanio Delos Santos Avenue, looking for passengers when one guy
flagged me down and asked his companion, a woman, to ride in my cab.

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P: Is the man who flagged you down during that period present in this room?

M: Yes.

P: Will you please point/identify him?

M: Points to Jose.

P: How about the woman who rode your cab, is she here right now? M: Yes.

P: Will you please point to her?

M: Points to Maggie.

P: After your narration of the woman riding your cab, what happened?

M: She broke down and cried. She kept asking me if a car was following us; and each time I
answered her in the negative.

P: What happened after that?

M: I dropped her off at her house and then I left. P: Thank you Mr. Campos.

e. Dr. Ernesto Brion (Medico Legal NBI)

Prosecutor (P): The Prosecution would like to call Dr. Ernesto Brion to the witness stand.

The purpose ------(pls insert the purpose)

Clerk of Court: “Please raise your right hand. Do you swear to tell the whole truth and nothing
but the truth so help you God?”

Dr. Ernesto (DE): I do.

P: Witness, please state your name and profession for the court.

DE: I am Dr. Ernesto Brion, a Medico Legal for the National Bureau of Investigation.

P: How long have you been in the practice of Medicine?

DE: 35 years.

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P: What cases do you specialize, if any?

DE: I deal with cases submitted before the NBI for medical examination.

P: And how long have you been working in the NBI for such particular assignment?

DE: 30 years.

P: How many cases were referred to you for medical examination?

DE: Innumerable, your Honor. But on a daily basis, at least 20 cases are referred to my office for
medical examination.

P: And how many times have you been called in court to testify for the cases you have examined?

DE: Innumerable, your Honor.

P: On the average, let’s say in a month or in a year, how many times have you been invited in the
court to testify?

DE: At least once a week, your Honor.

P: Out of all these the cases that you have testified before the court, how many of them were rape
cases?

DE: Mostly all of them, your Honor. Most of the rape cases which require medico-internal
examination are referred to my office in NBI.

P: Can you estimate at least how many have you handled already?

DE: Over a hundred or two, your Honor.

P: Doctor, where were you in the afternoon of June 29 (2018)?

DE: I was in my office.

P: What were you doing?

DE: I was examining Ms. Maggie De la Riva, who had come in that afternoon.

P: And what were the results of your examination of Ms. De la Riva?

27
DE: I found the presence of multiple contusions and bruises on different parts of Ms. De la
Riva’s body, as well as of genital injuries.

P: Where specifically were these bruises and contusions located?

DE: I found contusions or bruises on the complainant’s chest, shoulders, arms and fore-arms,
right arm index finger, thighs, right knee and legs.

P: What else did you find out from the examination, if any?

DE: When I was examining her, Miss De la Riva complained of slight tenderness around the
neck, on the abdominal wall and at the sites of the extra genital physical injuries. When I pressed
the said injuries, she elicited a sigh of pain or tenderness.

P: What do you think could be the cause of said injuries?

DE: It could have been caused by blows administered by a closed fist or by the palm of the
hand, and could have been inflicted on the subject while she was being raped. P: When do you
think these blows were made?

DE: It is my opinion that they happened on June 26.

P: Do you still have other findings?

DE: yes.

P: What are they?

DE: In connection with the genital examination, I found injuries on the subject’s genitalia which
could have been produced by sexual intercourse committed on June 26. I failed to find
spermatozoa. However, spermatozoa are not usually found in the vagina after the lapse of three
days from the last intercourse, not to mention the possibility that the subject might have
douched herself.

P: Are there any other findings you would like to state?

DE: None.

P: Thank you, Doctor. That would be all your Honor.

Judge: Thank you, Counsel.

The defense would like to cross examine the expert witness?

D: Yes your, honor!

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D: -----CROSS EXAMINATION.

P: ------REDIRECT (IF ANY)

f. Pat. Pablo Pascual (Police) Prosecutor

(P): The Prosecution would like to call Pat. Pablo Pascual to the witness stand for the purpose that
Ms. De La Riva personally identified the accused.

Clerk of Court: “Please raise your right hand. Do you swear to tell the whole truth and nothing
but the truth so help you God?”

Pablo (PO): I do.

P: Witness, please state your name and occupation for the Court.

PO: I am Pat. Pablo Pascual. I am a Police Officer.

P: Mr. Witness, would you please tell us where you were on the morning of June 26 [1967],
specifically at about 6 am?

PO: I was in the police station.

P: What were you doing then?

PO: I was ordered by my boss, Sgt. Dimla, to head to the residence of the De la Rivas. They
told me that Mrs. De la Riva’s daughter, Maggie was missing. I was the one sent to respond to
the call.

P: What happened after?

PO: Ms. De la Riva showed up, telling her mother that she was raped.

P: What did you do after the incident, if any?

PO: I tried to question her but I was advised not to proceed because she was still in a state of
shock and she was not ready.

P: What happened after the rejection of the questioning?

PO: I went back to the police station.

29
P: Did you interact with Ms. De La Riva after the incident?

PO: Yes.

P: When?

PO: Three days later, during her examination.

P: What happened then?

PO: I received a telephone call from the police headquarters to the effect that one of the
suspects had been apprehended.

P: What happened after that?

PO: That evening, Ms. De la Riva and I proceeded to the headquarters where she identified
appellant Jaime Jose from among a group of persons inside the Office of the Chief of Police of
Quezon City as one of the four men who abducted and raped her.

P: Do you have anything further to say?

PO: I have nothing to say anymore.

P: Thank you Police Officer.

D: -----CROSS EXAMINATION.

P: ------REDIRECT (IF ANY)

DEFENSE

J: Is the defense ready to present its witnesses?

D: Yes, your honor.

J: Is he ready?

D: Yes, your honor.

J: Call your witness, counsel.

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 c. Jaime Jose (Defense)

(D): The Defense would like to call on Jaime Jose to the witness stand.

D: The purpose is to __________.

J: Please swear the witness.

Clerk of Court: “Please raise your right hand. Do you swear to tell the whole truth and nothing
but the truth so help you God?”

JJ: I do.

P: Witness, please state your name and personal circumstance for the Court.

JJ: I am Jose Jaime, 28 years old, a resident of Holy Cross, Novaliches, Quezon City.

D: Witness, how are you acquainted with the other accused in this case?

Jaime Jose (J): We are good friends.

D: The four of you occasionally go out?

J: Yes.

D: When was the last time all of you were together?

J: On the evening of June 25.

D: Where were you on the evening of June 25?

J: We were in Ulog Cocktail Lounge somewhere in Mabini Street in Manila.

D: What did you do in that place?

J: We happened to enjoy some drinks while listening to music.

D: Until what time did you stay there?

J: Until closing time, around 3:30 in the early morning.

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D: What did you do thereafter?

J: Then we decided to go home, passing thru Espana Extension.

D: How did you go home?

J: We used my Pontiac car.

D: Who drove the car?

J: It was Basilio Pineda, Jr. who drove my car.

D: What happened while you were in on the way there?

J: While we were in Espana Extension, a car went past ours, which almost hit us.

D: Did you see who was driving the vehicle?

J: Yes, it was a woman.

D: Is that woman in this courtroom right now?

J: Yes. D: Can you point to her?

J: *points at Maggie*

D: What happened after?

J: Pineda gave chase to the small car and shouted, “Putang ina mo, kamuntik na kaming
mamatay.”

D: What did Ms. Dela Riva do?

J: She continued on her way, went past us and stopped in front of a gate.

D: What happened then?

J: Our car stopped behind hers, Pineda got down hurriedly and dragged her out of the car.

D: Did Ms. Dela Riva struggle with Pineda?

(What did Ms. Dela Riva do?)

32
J: Ms. Dela Riva struggled with Pineda for around ten minutes before she was pushed inside
the Pontiac.

D: What did Pineda do after pushing her inside the car?

J: When Ms. Dela Riva was pushed inside the car, Pineda had blindfolded her. D: What were you
doing while this was happening?

J: I was shocked with what Pineda did and I was too afraid to do anything because he was so
angry and might direct his anger towards me.

D: So you didn’t do anything to help Pineda? (Leading Question)

D: That’s all your Honor.

D: And then what did Pineda do with Ms. Dela Riva?

J: Pineda stopped at the corner to drop Ms. Dela Riva.

D: Did Pineda drop Ms. Dela Riva?

J: No, Pineda suddenly changed his mind and heard him ask her, “Why don’t you strip tease for
us? I’ll pay you 1,000 pesos.”

D: What did she answer?

J: She said, “Are you kidding?” in a taunting manner.

D: Then what happened?

J: Then after a little negotiation, she consented to do the performance and as long as it will not
last too long and the spectators would be just the four of them.

D: Where did Pineda take her?

J: Pineda drove the car up to Swanky Hotel in Pasay.

D: That would be all your honor.

J: Thank you Counsel.

D- offering of testimony marked as Exhibit-1____

33
CROSS (IF ANY)

REDIRECT (IF ANY)

Judge: The defense would like to call another witness?

D: Yes, your honor!

J: Call your witness.

D:

C. Witness Testimony for the Accused a. Basilio Pineda, Jr.

D): The Defense would like to call on Jaime Jose to the witness stand.

D: The purpose is to __________.

J: Please swear the witness.

Clerk of Court: “Please raise your right hand. Do you swear to tell the whole truth and nothing
but the truth so help you God?”

BP: I do.

P: Witness, please state your name and personal circumstance for the Court.

BP: I am Basilio Pineda, 31 years old, a resident of Tungko, San Jose Del Monte, Bulacan.

(D:) It was said that there was a struggle between you and Ms. Dela Riva, what happened after
that struggle?

B: At first, I was just trying to scare her, but instead of releasing her, I changed my mind and
asked her if she can do a strip tease for us and in consideration, I’ll pay herP1,000.00 then I will
release her.

D: Upon asking Ms. Dela Riva, what did she say?

B: After few minutes, she consented to do the performance provided that it would not last too long
and provided the spectators were limited to the four of us.

D: And then what happened?

B: Thereafter, we went to Swanky Hotel.

34
D: When you arrived in Swanky Hotel, what did Ms. Dela Riva do?

B: Maggie borrowed a handkerchief from one of us to cover her face as she went up the Hotel. D:
After Ms. Dela Riva has covered her face and went up to the Hotel, what did she do next? B: As
soon as we got into the room, Maggie de la Riva asked the four of us to close the windows
before she undressed in front of us.

D: While she undressed herself, what did you do, if any?

B: We also decided to remove our own clothing and I personally removed all my clothes because
it was hot at that time.

D: Did the strip tease exhibition started right away after she undressed herself?

B: No, before the start of the strip tease exhibition, I gave Ms. De la Riva P100.00 and promised
that I would pay the balance of P900.00 after the show.

D: The exhibition lasted for how long?

B: It lasted for 10 minutes.

D: What happened after the exhibition?

B: Afterwards, the three accused (Jaime Jose, Eduardo Aquino and Rogelio Cañal) left the room
first and waited in the car, because we (referring to Ms. De la Riva) were still discussing the mode
of payment of the balance.

D: And then what happened?

B: Then, after that discussion, we both went to the car.

D: What transpired inside the car, if any?

B: When we asked her where we could drop her, she told us to drop her near the ABS Studio so
that it would appear as if she had just come from her work.

D:

B: On June 29, I went to Aquino and asked for his help because I did not have the P900.00 with
which to pay Maggie the balance of her "show" and I was afraid that if I did not pay, Maggie would
have her goons after me.

D: Aside from money, is there anything you also asked Aquino for?

35
B: I also asked Aquino to go with me to Lipa City where he had relatives and which could help us
to raise the money.

D: Before going to Lipa City, what else has happened, if any?

B: Then, we also invited Canal to join us, wherein we used another car of Jaime Jose, different
from the one that we used the day before.

D: Were the three of you together while in Lipa?

B: When we are already in Lipa, Aquino detached himself from us and proceeded alone to the
barrio to visit his relatives.

D: When Aquino left, what happened with you and Canal?

B: In the meantime, I, together with Canal, remained in the City to live in a house which is very
close to the municipal hall building.

D: Did you stay in that house later on?

B: No, subsequently, we later moved to another house where the PC and Quezon City police found
and arrested us.

D:

B: It is true that we followed the car and snatched Ms. Dela Riva to Swanky Hotel, but as to the
charge of rape, it is the complainant who voluntarily acceded to have sexual intercourse with
me.

CROSS EXAM ON THE ACCUSED

J: Prosecution, do you want to proceed in cross examination?
P: Yes Your Honor
P: You have said that you removed your clothes because it was hot after the alleged
removal of clothes of Ms Maggie Dela Riva. Is that correct?
B: Yes
P: What did you feel when you saw her cloth-less?
B: Bit unease and awkward
P: Did you enjoy seeing her cloth-less?
B: ...
P: Did you feel any arousal when you see her body?
B: ...
P: You said that you and Maggie were still in the room after the 3 accused left
B: Yes because we are discussing the mode of payment for the balance
P: But you have said that you have a conversation with Maggie and said you will
pay the balance of P900.
B: ...

36
P: Your Honor, may I request to put in record that there are unclear and
conflicting facts that the witness have testified
J: Granted
P: Mr witness, why do you think Ms Maggie asked for handkerchief for her to be
blindfolded
B: ...
P: That would be all Your Honor.
REDIRECT (IF ANY)

P: Your honor, the prosecution would like offer object, documentary evidence. (pls supply)

Defense: Objection!

Judge: Sustained.

Defense: The defense shall offer (pls supply)

Judge: Sustained.

J: The following evidence marked as….. (prosec/defense supplied the marked exhibits)

END

37