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Crim. Case No. Cbu-Xxxxxxxxx For: Murder DATE-SEPT. 11, 2012 Witness - Melchor TSN

Cross-examine. ATTY. ABANGAN: No questions for this witness, Your Honor. JUDGE SALGADO: Witness is excused. Next witness. FISCAL TALISIC: The prosecution rests, Your Honor. JUDGE SALGADO: Defense, your evidence? ATTY. ABANGAN: We will file a demurrer to evidence, Your Honor. JUDGE SALGADO: Submit your demurrer in writing. This case is submitted for decision. Page 8 CRIM. CASE NO. CBU-XXXXXXXXX FOR: MUR
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100% found this document useful (3 votes)
482 views

Crim. Case No. Cbu-Xxxxxxxxx For: Murder DATE-SEPT. 11, 2012 Witness - Melchor TSN

Cross-examine. ATTY. ABANGAN: No questions for this witness, Your Honor. JUDGE SALGADO: Witness is excused. Next witness. FISCAL TALISIC: The prosecution rests, Your Honor. JUDGE SALGADO: Defense, your evidence? ATTY. ABANGAN: We will file a demurrer to evidence, Your Honor. JUDGE SALGADO: Submit your demurrer in writing. This case is submitted for decision. Page 8 CRIM. CASE NO. CBU-XXXXXXXXX FOR: MUR
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Page 1

CRIM. CASE NO. CBU-XXXXXXXXX


FOR: MURDER
DATE- SEPT. 11, 2012
WITNESS- MELCHOR
TSN

Republic of the Philippines


REGIONAL TRIAL COURT
7TH Judicial Region
BRANCH XX
Cebu City

REPUBLIC OF THE PHILIPPINES,


Plaintiff, CRIM. CASE NO. CBU-XXXXXX

-versus- FOR: MURDER


BOYET,
Accused.
x--------------------------------------/

TRANSCRIPT

Of stenographic notes
Taken by the undersigned Court Stenographer
During the Hearing of this case held on
SEPTEMBER 11, 2012 at 2:00 o’clock in the afternoon.

Morning-BEFORE:

HON. XXXXXXXXXXXXXXXXXXXX
Presiding Judge

ASSISTED BY:

MS. XXXXXXXXXXXXXXXXXXXX
Court Stenographer III

MR. XXXXXXXXXXXXXXXXXXXX
Court Interpreter III

APPEARANCES:

FISCAL XXXXXXXXXXXXXXXXXXXX -for the State

ATTY. XXXXXXXXXXXXXXXXXXXX for the accused


Page 2

CRIM. CASE NO. CBU-XXXXXXXXX


FOR: MURDER
DATE- SEPT. 11, 2012
WITNESS- MELCHOR
TSN

When this case was called


For hearing the following
Proceeding took place:

DIRECT-EXAMINATION OF WITNESS MELCHOR 1ST WITNESS FOR THE


PROSECUTION BY FISCAL XXXXXX:

JUDGE SALGADO:

Appearances.

FISCAL TALISIC:

Respectfully appearing for the State, Your Honor.

PRIVATE PROSECUTOR REGIS:

Atty. Regis Your Honor, respectfully appearing as privae prosecutor


under the direct control and supervision of the public prosecutor. With me
is Atty. Panulaya, my co-counsel for the prosecution.

ATTY. ABANGAN:
Respectfully appearing as counsel for the accused, Your
Honor. With me are my co-counsels…

JUDGE SALGADO:
Is the prosecution ready for the presentation of their witness?

FISCAL TALISIC:
Yes, Your Honor.

JUDGE SALGADO:
Call your witness.

ATTY. DELAS LLAGAS: Your Honor, may we ask permission to take our
seats?

JUDGE SALGADO: granted


Page 3

CRIM. CASE NO. CBU-XXXXXXXXX


FOR: MURDER
DATE- SEPT. 11, 2012
WITNESS- MELCHOR
TSN

FISCAL TALISIC:
May I call on to the witness stand witness Joy

JUDGE SALGADO:
Swear in the witness.

INTERPRETER TUICO:

Do you swear to tell the truth the whole truth and nothing else
but the truth.

WITNESS SATINITIGAN:

Yes, I do.

INTERPRETER TUICO:
Please state your name and other personal circumstances.

WITNESS SATINITIGAN: MELCHOR, 33 years old, married, high


school graduate, heavy equipment operator, and resident of
Toledo City, Cebu

JUDGE SALGADO: (towards the prosecutor)


Your witness.

FISCAL TALISIC:

Your Honor, this witness is being offered to prove that he


knows the accused and the victim of this case. He will testify
the fact that the victim was stabbed infront of him and other
relevant matter in connection with this case.

May I proceed, Your Honor.

JUDGE SALGADO:
Proceed.
Page 4

CRIM. CASE NO. CBU-XXXXXXXXX


FOR: MURDER
DATE- SEPT. 11, 2012
WITNESS- MELCHOR
TSN

FISCAL TALISIC: ( to witness)

Q: Madam Witness, how are you related to the victim in this case?

A: I am the bestfriend of the victim mam. We were classmate since


highschool churva churva

Q: Ok. You are the bestfriend, now madam do you remember any event
that transpired last ____________________(date when to gipatay) at around 12-
2am?

A: YES Ma’am.

Q: Now can u tell us what happened on that date

A: I saw a recognizable person hit my bestfriend using a piece of wood


and stabbed her with an ice pick.

Q: You mentioned that u saw a recognizable person that allegedly hit


and stabbed the victim. How is he recognizable to you madam?

A: I know the accused mam, he is the ex boyfriend of my bestfriend. I


knew them for couples of years so I can readily identify them even from a
distance, it was well –lighted area and I was close enough to see him and
what have happened blah blah……(patas-an pa in narrative form).

1st objection: May we ask the witness not to narrate the facts and let the
prosecution ask questions to illicit facts.

Judge: Objection sustained. (Judge tells the witness not to narrate facts but
answer only what is asked).
Page 5

CRIM. CASE NO. CBU-XXXXXXXXX


FOR: MURDER
DATE- SEPT. 11, 2012
WITNESS- MELCHOR
TSN

Q: How were you able to recognize the accused,

A: I know the accused mam, he is the ex boyfriend of my bestfriend. And


that time I was close enough to see him

Q: considering that the incident happened at around 12mn, how is the


lighting condition of the place?

A: it was well –lighted because the incident took place near the lamp
post.

Q: You also mentioned earlier madam that the victim was hit by a wood
and stabbed by an ice pick. Can u pls tell us the details how was the victim
hit and stabbed and describe to us the length of wood used?

2nd objection: Objection your honor. It’s a compound question. The witness
is made to answer two questions at the same time.

Judge: sustained. Prosecution, please rephrase your question.

Q: Let me withdraw the previous question your honor. Ms Witness,


which comes first, the hitting of the wood Or the stabbing with the ice pick?

A: The victim was hit by a wood first from her behind.

Q: If you know, was the victim aware of the presence of the accused?

A: no. Because the accused came from behind and the victim was not
able to see the accused when the accused hit him with the wood in his
head from behind

Q: after the hitting of the wood, what happened next?

A: he stabbed the victim several times.

Q: How many times was she stabbed?


Page 6

CRIM. CASE NO. CBU-XXXXXXXXX


FOR: MURDER
DATE- SEPT. 11, 2012
WITNESS- MELCHOR
TSN

A: I couldn’t remember how many but it was several times.

Q: Okay. After the stabbing, what happened next?

A: the accused left and ran away

Q: what did you do when the accused ran away?

A: I went to my bestfriend and saw the ice pick stuck on her right back
portion.

Q: after that, what happened?

A: I call for help mam, and called some friends to help me bring my
bestfriend to the hospital.

Q: What was the accused wearing at that time?

3rd Objection: irrelevant your honor.

Judge: why irrelevant?

Counsel:

Q:
If you can see the accused here in court, can you identify him?

A:
Yes.

Q:
Please point him?

A:
Page 7

CRIM. CASE NO. CBU-XXXXXXXXX


FOR: MURDER
DATE- SEPT. 11, 2012
WITNESS- MELCHOR
TSN

Yes there is (Interpreter: witness pointing to a man seated a


the bench for the accused and when asked his name answered
to be Boyet)

Q: You mentioned a while ago, that the victim was hit by the
accused of a wood. How long is the wood which was used?

A: (describe the wood).

Q:
Where did the victim die?

A:
There at the place where he was beaten and stabbed.

Q:
He died in your arms?

A:
Yes.

FISCAL TALISIC:

That would be all for this witness, Your Honor.

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