J- Fiscal Turqueza
V- Atty. Vivian Nalupta
P- Prosecutor Piso
W- Witness Elpidio Manuel
C- Clerk of Court
P- Collaborating Prosecutor, Your Honor
V- Your Honor for the defense
J- Fiscal and Atty. Nalupta, you failed to sign the document of the record of
the case. Can you please sign the pre-trial order counsels, together with
the accused. Who is the Clerk of Court? Do not blank your side, both of
them.
J- Ok, so what Atty. Nalupta, do you want to continue the your defense?
Who is your next witness?
V- The other accused Elpino Manuel, Your Honor
J- Atty. Nalupta, ...
INTERPRETER- Ilangad mo ngard ti nagan mo ken sabali pay nga
mangipaneknek ti kinataom.
W- Siyak ni ....
J- The Witness is ready, proceed.
DIRECT EXAMINATION
V- The testimony is being offered to prove that... and other related matters.
Mr witness may you please state your personal matters?
J- That is not the way to ask the witness, what is his relation to the other
accused?
V- Mr. Witness do you remember that you executed an affidavit?
V- Mr. Witness do you recognize the signature appearing....?
J- Ms. Nalupta, ask him if....
V- If this is your signature Mr. Witness, can you recognize the other
signature?
Clerk of Court the witness recognized the signature appearing in the
affidavit.
V- Do you recognize....
J- that us not how to do it, ......
V- since you recognized the this affidavit and signature, may I ask you
when are (were) you on _____ of November 2015?
W- We had a drinking spree with my friends at our brgy. with my son and
Mr. Sudio
V- Mr. Witness can you recall unusual incidents that transpired on that
night?
W- Yes Maam.
V- Mr. Witness, can you narrate what transpired on that night?
W- At that night, there was a commotion that involved the death of Mr
Sudio.....
V- Mr Witness, do you have an involvement on that incident?
W I admit that I was with my son during that night.
V- mr witness, upon witnessing what you referred to us, what have you
done?
w- ....
J- The court will ask for you, at what point in time that you were with your
son?
W- At the moment I was with my child and friends and had drinking
session.
J- At that time, were there unusual incidents that transpired?
w- at that time, we were having a good time, but then suddenly, Mr. Sudio
started the commotion.
V- after you saw that commotion, what did you do?
w- none maam.
V- Thats all, Your Honor
J- thats all? Thats all?
v- Mr. Witness why did you....
P- Objection, no basis.
V- After seeing the commotion where did you go?
W- I was there where we were drinking.
J- After that what happened next?
w- after that commotion there was a physical fight involving my son
(Panag-gabo)
j- you said they were wrestling, who were wrestling?
w- My friend Nathaniel and the rest of the company.
J- so after that, what happened?
w- I pacified them
j- how did you pacify them?
w- i tried to separate them from each other
j- so you have done it?
W- yes your honor
j- if you say victim, who is you referring to?
w- the person who died
v- where did you go after that?
w- ...
v- how far is the house of Nathaniel from your house?
w- approximately 100 steps away from our place
v- which direction he was going ?
w- southward
v- so after going southward, that happened next?
w- i saw that he harmed my son.
v-how did he harm your son?
w-he was holding a heavy thing
v- how were you able to know that it was heavy?
w- the way he hold it.
v- what is the object?
w-by that distance, it looks like a stone.
v- so after witnessing that, what was your next move?
w- ...
v-How did the victim harm your son?
w- with what he was holding, he threw that to the direction of my son
v- what did you do after you saw that?
w- when i saw my son almost lost his balance, i immediately followed them.
v- after following them, what did you do?
w-....
v- Since they .... fight, were you able to pacify them?
w- no
v-when you were not able to pacify them, what did you do?
w- none
v- upon taking away your son from the victim, did you succeed in
separating them?
w- no maam
v- So what did you do mr witness?
w- when Nathaniel was about to hit my son, that was the time i did
something.
v-what did you do in order to protect your son?
w- i used a thing
v-what is that thing?
w- wood
j- when you saw that Nathaniel was about to injure your sone, what did you
do?
w- i pulled my son away
v- were you able to pull your son?
w-no maam because he was already weak due to injury he sustained
v- what did you do next?
w- being a father i tried to protect my son
v-in whatr manner did you protect your son?
w-I also hit him (Nathaniel) with a wood
v- so after that what did you do next?
w- to prevent further commotion, i took my son away.
v- from that instance were you able to take him away?
w- yes. That was also the reason so i went home
v-what happened to your son then?
w- when i saw that my son sustained wound on his head, i rushed him to
the hospital
CROSS EXAMINATION
p- Mr. Witness where is your house again?
w- Brgy ..., Piddig, Ilocos Norte.
p-Where is your house in relation with that of Nathaniel?
w- it is quite far, little bit far
p-how long have you known the victim?
w-it is quite long time because we have been friends for almost 10 years.
p-were you present at the time of harvest?
w- Yes
p- where you present at the drinking session?
w- yes
p-who was with you?
w-my friends
p-if you are present in the drinking session, did you see the incident when
the victim punched alex?
w-exactly sir
p-can you describe the fighting?
p- where were you then when the victim and son were grappling?
w-i was at the place of drinking session
p-how far the drinking session from the place of the grappling/wrestling?
w- 10meters
p-how did you know the commotion?
w- i was there at the place of commotion
p- you stated in your affidavit that you hit the victim, do you have an arm
when you went there?
w- no
p- so where did you get the wood?
w-at the place of the commotion
p-so you mean the place of the commotion there were woods?
w-yes there are some
p-can you show how long is the wood?
w-just like my arm (showing/describing the size of the wood, maybe 2
inches)
p- do you know who was the first to be hit when your son and the victim
wrestling?
w- I do not know
p- SO when you were hitting the victim with the piece of wood, was he able
to throw punches?
w- i saw them punching each other
p-was your son hit?
w-yes
p-in what part?
w-(witness touching his shoulder part and back of his neck)
p-did you sustain injuries?
w-yes sir.
p-what part of your body?
w- -(witness touching his shoulder part and back of his neck)
p-so if you sustained some injuries, why you were not able to acquire a
medical certificate?
w- because I was able to bear the pain and injuries.
