Republic of the Philippines

TH
5 MUNICIPAL CIRCUIT TRIAL COURT
IMELDA-MALANGAS-DIPLAHAN-PAYAO
9th Judicial Region
Imelda, Zamboanga Sibugay
-o0o-

PEOPLE OF THE PHILIPPINES, CRIM. CASE. NO. 4208-I

Plaintiff,

-Versus - - for -

FERNANDO HUELAR. ATTEMPTED HOMICIDE

Accused.
X------------------------X

TRANSCRIPT OF RECORDS
Date: November 8, 2018
Time: 3:00 PM

Before: Jeanecel G. Vercide-Climaco - Acting Presiding Judge

Appearances:

Prosecutor Rommel C. Cudal - For the State

Atty. Beldua Kenneth Beldua - For the Accused

Pros. Cudal - For the state your Honor please.

Atty. Beldua – Good afternoon your Honor. For the defendant your Honor.

Pros. Cudal – We are ready for the cross examination of the witness your Honor.

Court – This is for cross examination of the witness Fernando Huelar. Is the witness Fernando

Huelar present today?

Atty. Beldua – Yes, your Honor.

Court – Call the witness to the witness stand under the same oath.

Pros. Cudal – May I proceed your Honor?

Court – Proceed.

Pros. Cudal – (to the witness)

Q – Mr. Witness, can you remember you executed and counter affidavit?

A – Yes.
Continuation of Transcript of Records Page Two
In Criminal Case No. 4208-I, PP vs.
Fernando Huelar, For: Attempted
Homicide
X-------------------------/

Q – And that counter affidavit dated February 5, 2015, is that correct?

A – Yes.
Q – In this counter affidavit more particularly in paragraph 11 you are denying and stating that
assuming that you armed you are totally blind and has all the right to use unnecessary tools
of the day for self defense, in this paragraph Mr. Witness you admitted that are totally
blind?
A – Yes.
Q – Now, you also stated in this counter affidavit more particularly in paragraph 13 you stated
that the incident was happened sometime on June 26, 2014 and yet the case was filed in
2015. Is that correct? You questioned the timeliness of the case because is was the incident
happened on June 26, 2014 and the case was filed in 2015, is that correct?
A – Yes.
Q – Will you agree with me mr. witness that there is no other Fenando Dagohoy Huelar
who is residing at San Jose, Imelda, Zamboanga Sibugay?
A – I am the only one.
Q – You agree with me mr. witness that sometime in January 12, 2015 a certain Fernando
Dagohoy Huelar of San Jose, Imelda, Zamboanga Sibugay had asked a Court Clearance for
the use of a firearm, for requirement to purchase a firearm, will you agree with me? I will
show to it the counsel of the defense your Honor a Court Clearance that Fernando Dagohoy
Huelar secured a Court Clearance sometimes on January 12, 2015, are you denying that mr.
witness?
A – To purchase, yes.
Q – So you admit that you intent to purchase a firearm?
A – Yes.
Q – For what purpose mr. witness?
A – For my own use in the house.
Q – How will you use that if you are totally blind mr. witness?
A – I have my wife.
Q – So intended to purchase a firearm for the use of your wife?
A – Yes.
Q – Is your wife blind or not?
A – Not blind.
Continuation of Transcript of Records Page Three
In Criminal Case No. 4208-I, PP vs.
Fernando Huelar, For: Attempted
Homicide
X-------------------------/

Q – Why she did not the one who secure the Court Clearance to purchase the firearm?
A – I did not secure because I cannot see.
Pros. Cudal – ( to the Court ) I would like to show the document to the counsel for the defense
your Honor for record purposes and this is a public record your Honor that it was
a certain Fernando Dagohoy Huelar who secured the Court Clearance to purchase
a firearm.

Pros. Cudal – (continuing to the witness)

Q – Mr. Witness, will you also agree with me, if I will show to your counsel because you stated
that you are the only Fernando Dagohoy Huelar a certification that you are a firearm holder
of a certain Caliber .99 ____with serial number_________ that firearm license was issued
dated on June 11, 2002 and it will expire on June 16, 2004, will you agree with e that you
are a firearm holder?
A – Yes.
Q – So you are mentioning a while ago that you are securing a certification to purchase another
firearm? Because in that certification you asked Court Clearance for the purchase of a new
firearm, will you agree with me on that?
A – Yes.
Q – Because you are intending to purchase another firearm?
A – Ye sir the shotgun.
Q – You are the one who intent to buy that shotgun?
A – Yes.
Q – Mr. witness, when this case was filed in 2015, you filed a case against the complainant in
this case, can you remember that?
Atty. Beldua – What case is that?
Pros. Cudal – A case of Attempted Homicide against Lovelyn Huelar. But the incident
happened on November 16, 2014, is that right?
A – Yes.
Q – So that how many months that this incident happened? Because you a filed a case on the
same year?
A – Yes.
Continuation of Transcript of Records Page Four
In Criminal Case No. 4208-I, PP vs.
Fernando Huelar, For: Attempted
Homicide
X-------------------------/

Q – You filed this case as leverage mr. witness to the other case? You filed in November 16,
2014 incident as leverage to June 26, 2014 case?
Atty. Beldoa – We object to that questioned your Honor because the records could show that
the gap of the incidents where it involved the accused here and that filing of
complaint made by the private complainant is even much longer than the gap
between the time mulling incident involving the accused here as victim.

Pros. Cudal – (to the Court) My question your Honor is that to leverage or not.

Court – The witness may answer the question.

A – No, because I am the one who filed first.
Q – When was that case filed mr. witness?
A – (NO ANSWER)
Q – Will you agree with me mr. witness that this case filed by Lovelyn Huelar was filed earlier
than your case because this case was filed on June 5, 2015 and the other case was filed on
July 15, 2015?
A – I am the one who filed first.
Pros. Cudal – I am showing your Honor to the counsel of the defense the date received by the
Court anyway we would like to state before the Honorable Court that there were
cases filed between two parties your Honor, counter charges.
Court – The case filed against Fernando Huelar filed earlier then he filed a case against Lovelyn
Huelar the complainant in this case?

Pros. Cudal – Yes your Honor, because this particularly happened on June 26, 2014 while the
other case was happened on November 26, 2014 your Honor.
Court – So this incident happened earlier?
Pros. Cudal – Yes this incident happened earlier your Honor.

Pros. Cudal – (continued to the witness)

Q – And after that mr. witness, there is no other cases filed between you and the other party?
A – Yes.
Continuation of Transcript of Records Page Five
In Criminal Case No. 4208-I, PP vs.
Fernando Huelar, For: Attempted
Homicide
X-------------------------/

Q – No other cases filed against between you the Lovelyn Huelar?

A – Yes.
Q – But in your defense in this case mr. witness you said it impossible for you to have this case
Attempted Homicide because you said you are totally blind?
A – Yes.
Q – But the records shows that there was a certification that you even intent to buy another
firearm that is shotgun as u mentioned, is that correct mr. witness?
A – Yes sir.
Pros. Cudal – That would be all for the state your Honor.
Court – Any re-direct?
Atty. Beldoa – Yes your Honor.
Court – Proceed.
Atty. Beldoa – (to the witness)
Q – Mr. witness, the incident involving the allegation of the private complainant Lovelyn
Huelar took place on June 16, 2014, is that correct mr. witness?
A – Yes.
Q – When did you received the summons from the Prosecutor requiring you to submit your
counter affidavit?
A – Next year.
Q – Would you have a recollection the exact date mr, witness?
A – February, 2015.
Q – After that Mr. witness, did you receive any copy of a resolution from the Prosecutor’
Office finding probable cause against you?
A Yes.
Q – No, I did not receive.
Q – In the criminal case which the prosecution mentioned awhile ago, wherein you are the
private complainant against Ernie Abayon Barbo and Lovelyn Huelar for Attempted
Homicide, you recall the date when this took place when you allegedly mulled by the
accused?
A – November 16, 2014.
Continuation of Transcript of Records Page Six
In Criminal Case No. 4208-I, PP vs.
Fernando Huelar, For: Attempted
Homicide
X-------------------------/

Q – Where did you file your complaint?

A – At Ipil, Zambaonga Sibugay sir.
Q – When?
A – Right after the incident.
Atty. Beldoa – (to the Court) Your Honor please, in view of the physical conditioned of the
accused how he will identify the document your Honor, will I just show it to the
Court your Honor?
Court – Just show it to the Prosecution.
Atty. Beldoa – Yes your Honor.
Court – When did he became blind?
Atty. Beldoa – He became blind around 2004 your Honor.
Court – But the incident happened on November 16, 2014?
Atty. Beldoa – Yes and he was already blind that time your Honor.
Pros. Cudal – Not totally blind your Honor, because he was even able to secure a Court
Clearance.
Atty. Beldoa – Your Honor, but there is no proof that he was the only one who physically
secure the said clearance he is together with his wife.
Court – Did he affix his signature when securing the Clearance?
Pros. Cudal – He will not issue a Court Clearance your Honor if he is not the one who asked for
it your Honor, there was no signature your Honor but he was the one who secure
your Honor.
Atty. Beldoa – Meanwhile your Honor may I allowed to go over the complaint Affidavit your
Honor.
Pros.Cudal – We will conduct a rebuttal after this your Honor.
Court – (to Atty. Beldoa)
Q – Is this your second witness?
A – The only witness your Honor.
Q – So you don’t have any other witness?
A – No other witness your Honor because during that time when the incident happened his wife
is not around your Honor only him inside the house during the alleged incident happened.
Continuation of Transcript of Records Page Seven
In Criminal Case No. 4208-I, PP vs.
Fernando Huelar, For: Attempted
Homicide
X-------------------------/

Pros. Cudal – We already made our marking as to the certificate your Honor for the
prosecution, the Court Clearance and the Firearm License issued by the Camp
Crami that he is a holder of firearm your Honor in June 16, 2004.

Atty. Bedoa – (to the Court) May I be allowed to continue your Honor?
Court – Proceed.
Atty. Beldoa – (continuing to the witness)
Q – Mr. Witness, during the period of 2003 and 2004 you were a holder of a Firearm License,
is that correct?
A – Yes.
Q – And why you have a firearm during that time mr. witness?
A – Because I am a government employee.
Q – How long you became a holder of a license firearm?
A – From 2002 to 2004.
Q – So the period that you were a holder of a license firearm from 2002 to 2004 you are not yet
blind at that time mr. witness?
A – Yes not yet your Honor.
Atty. Beldoa – (to the Court) Your Honor please we would like to make a manifestation subject
to comment of the prosecution that we have here with us your Honor a copy of
the complaint affidavit which was executed by Mr. Fernando Dagohoy Huelar
against the persons Ernie Abayon Barbo and Lovelynn Huelar with respect to
his complaint of Attempted Murder and it will show your Honor that with
respect to criminal case No. 4210-I the incident which took place on November
16, 2014 the affidavit signed by the accused your Honor was last the 20th day of
November, 2014 before the Honorable Deputy Provincial Prosecutor himself.
Court – November 20, 2014?
Pros. Cudal – Yes your Honor.
Atty. Beldoa – So the prosecution will admit that there was no considerable gap alleged of time
of that incident involving Lovelynn Hueas as the accused and her common law
spouse from the time that the accused filed a case against him.
Pros. Cudal - There was a gap of time because that was on June, 2014 and that case was on
November, 2014.
Continuation of Transcript of Records Page Eight
In Criminal Case No. 4208-I, PP vs.
Fernando Huelar, For: Attempted
Homicide
X-------------------------/

Atty. Beldoa – Your Honor please, with the indulgence of the Prosecutor this is with respect to
the case where the accused here is the private complainant the incident
happened on November 16, 2014 and he filed his complaint against them on
November 20, 2014.
Pros. Cudal – Yes your Honor, no question to that your Honor.
Atty. Bedoa – In fact your Honor, by way of manifestation, it is the instant case where there is
considerable period of time because we would like to respond to the assertion of
the prosecution that this case might have been filed as a leverage to the other case
filed against them for filing this criminal case because in this criminal case your
Honor the prosecution alleged that the incident was happened on June 16, 2014.
Pros. Cudal – For the state your Honor, we only manifested that because the incident happened
on June 26, 2014 and that was about 5 months before the November 16, 2014
incident that is why we asked if that is a leverage.
Court – That is just a presumption anyway.
Pros. Cudal – The records shows your Honor that the case was filed ahead of that by one (1)
month only your Honor because that time your Honor, the handling prosecutor in
this case is only this representation that is why he filed this case before the Ipil
District Office because I advising them because that would be a conflict and that
would be a counter charged on his case that’s why I advised to file the case
before the Provincial Prosecutor Office, that would be all your Honor.

Court – So we will just set another date in this case for your rebuttal?
Pros. Cudal – Yes your Honor, because I will be presenting one document your Honor to show
proof that witness in this case your Honor have even had a certification from the
fire range officer of Sibugay a certain Enoterio who issued the certification that
even 7 months ago after securing a Court Clearance he entered into firing and
we have a copy of the certification that he was present in the firing range your
Honor.
Court – When will you be available Atty. Beldoa?
Atty. Beldoa – Can we have it on January Calendar your Honor, together with the civil case.
Continuation of Transcript of Records Page Nine
In Criminal Case No. 4208-I, PP vs.
Fernando Huelar, For: Attempted
Homicide
X-------------------------/

Court – January 16, 2019?

Atty. Beldoa – Yes, we submit your Honor.

Court – The witness is excuse,

Court Order - After the testimony of the accused in this case Fernando Huelar who was duly cross
examined by Prosecutor Cudal and direct examination conducted by Atty. Beldua
the counsel of the accused. Prosecutor Cudal manifested in Court that he will be
allowed to conduct rebuttal on the next scheduled hearing of this case. In view of
the same, the hearing of the rebuttal evidence for the prosecution is set on January
16, 2019. So Ordered.