REPUBLIC OF THE PHILIPPINES

First Judicial Region

REGIONAL TRIAL COURT
BRANCH 7
Baguio City
Email ad: [email protected]
Contact numbers: (074)442-8906/09295048626

PEOPLE OF THE PHILIPPINES, CRIMINAL CASE NO.

Plaintiff,
-versus- For: Reckless Imprudence
Resulting to Homicide with
, Damage to Property
Accused.
x-----------------------------------------------x

TRANSCRIPT OF STENOGRAPHIC NOTES

Date of Hearing –
Morning Session

===
PRESENT:

Presiding Judge

Interpreter

Court Stenographer III

APPEARANCES:

Pros.
Public Prosecutor

Atty.
Counsel for the Accused

===
Transcript
Criminal Case No.
Testimony of
September 6, 2023
Page 2

PROS. R:
For the prosecution, Your Honor.

ATTY. ----:
Good morning, Your Honor, same appearance for the accused,
Your Honor.

PROS. R:
We are ready, Your Honor.

COURT:
Ready.

(S E C O N D C A L L)

PROS. R:
For the prosecution, Your Honor.

ATTY. ----:
For the accused, Your Honor.

COURT:
Call your witness.

PROS. R:
May we call our witness? (Police Officer heading to the witness
stand)

BR. CLERK OF COURT:

Please raise your right hand sir. Do you swear to tell the truth
and nothing but the truth in today’s proceeding?

WITNESS:
I do.

BR. CLERK OF COURT:

Please take your seat sir.
After taking the personal circumstance of the witness:
Your Honor, the witness, PEMS, years of age, married, and
assigned at the - BCPO.

COURT:
Your witness, Prosecutor R.
Transcript
Criminal Case No.
Testimony of
September 6, 2023
Page 3
PROS. R:
Your Honor please, we are respectfully offering the testimony of
the witness to prove the allegations in the Information in this
case by testifying that he is a police investigator; and that he
had participation in the investigation in this case involving the
accused - and the victim who died as a result of the traffic
accident--. He will testify as to what he did in that investigation
and he will identify documents relative to his testimony, Your
Honor. He will also give his opinion as an investigator.

ATTY. ----:
Subject to cross, Your Honor.

COURT:
Please proceed.

PROS. R:
Thank you, Your Honor.

Q: Good morning, Mr. Witness.

A: Good morning sir.

Q: You said, you are a traffic investigator, where are you

assigned?
A: I am assigned at the -- of Baguio City Police Office as the
investigator in-charge or Chief Invest of the non-commissioned
officer.

Q: Okay. And what are your duties and functions as such?

A: To monitor and supervise the duty investigators and to assist
them in cases that they are handling sir.

Q: In connection with your duties and functions, do you recall

having participated in the investigation of reckless imprudence
resulting to homicide case involving the accused in this case ----
and the victim is ----?
A: Yes sir.

Q: Can you tell the court what you did in this case? Did you go to
the site?
A: Yes sir.

Q: Okay. Can you tell us the date when you went to the site?
Transcript
Criminal Case No.
Testimony of
September 6, 2023
Page 4
A: That was December , 20… I am not familiar with the year but
December and I went there upon assumption of my duty at
around 8 to 10, something like that.

Q: Upon going there, what did you see? Before that, name the
place. Where is the place?
A: At the Gov. Pack flyover known also as BGH flyover sir.

Q: Okay. So upon arriving at that site, what did you see?

A: I tried to look or find the exact location wherein the debris and
other evidences can be determined.

Q: Can you give us a picture of what you saw about the vehicles
involved, the persons involved?
A: Yes sir. Upon arrival at the office at the morning of that same
date, they informed me that there was a homicide case at the
BGH flyover. And when I looked to the records that they
prepared, I found that there are some lacking from their
sketches that they submitted.

Q: Okay. What time was that?

A: That was in the morning sir, 8 to 10. Maybe I went there at
around 8:30, something like that. I made my sketch at around
9:00 to be exact.

Q: Nine o’clock?
A: Yes sir.

Q: And you said you went there and you prepared a sketch?
A: Yes sir. In support of the previous sketch sir.

Q: Showing to you Exhibit D-1, can you go over this Exhibit D-1
and tell the Honorable Court if this is the sketch that you
prepared? (Witness going over through Exhibit D-1 on page 13
of the records)
A: Yes sir, yes sir.

Q: What do you mean yes, this is the sketch that you prepared?
A: This is the sketch that I prepared because it is my handwriting.

Q: And this is your handwriting?

A: (Witness nodding his head)

Q: And there is also a signature here?

Transcript
Criminal Case No.
Testimony of
September 6, 2023
Page 5
A: Yes sir, my initial signature.

Q: And a name PEMS, whose signature is this?

A: That is mine sir.

Q: You said you prepared this sketch in support of another sketch?

A: Yes sir.

Q: I am showing to you Exhibit D, is this the sketch you said you

supported by your sketch? (Witness going over through Exhibit
D on page 12 of the records)
A: Yes sir.

Q: Now, you said, there were lacking?

A: Yes sir.

Q: When you reported to your office, you learned of the traffic

incident and then you learned of the investigation and then they
reported to you about that and then you saw the documents
and you said there were lacking, something lacking, what was
that lacking?
A: Their sketches sir because sometimes... (interrupted)

Q: There were lacking in their sketch?

A: Yes sir. Sometimes, we go to reenactment, we cannot go closer
or reenact that incident without the distances and the sizes of
the scene. So I went there just to see the scene and have the
measurement of the place, wherein to note the width of the
bridge, the distances of the pieces of evidences and the side of
collision from the foot of the bridge. Since we don’t have
measurement, we used the normal steps.

COURT:
Normal steps.

PROS. R:

Q: Normal steps.
A: Ns.

Q: Where is that, ns?

A: Yes sir. Forty-two (42) normal steps.

COURT:
Q: What is the equivalent of one normal step, is it one foot?
Transcript
Criminal Case No.
Testimony of
September 6, 2023
Page 6
A: Usually, if in the drilling, Your Honor, is 14 inches, from toe to
heel.

PROS. R:
Q: Fourteen (14) inches?
A: Yes sir.

Q: One feet is 12 inches?

A: Yes sir.

COURT:
One foot.

PROS. R:
Q: Ay. One foot is 12 inches.
A: Yes sir.

COURT:
Q: So the normal step is 12 to 14 inches?
A: Yes, Your Honor.

PROS. R:
Q: So that is how you measured this one, you put your
measurements here?
A: Yes sir.

Q: Now, you said this is just a confirmation of the sketch of here,

reflected in Exhibit D, correct?
A: Yes sir.

Q: Let us go to the point of impact indicated in the sketch, point of

impact. Where in your sketch is the point of impact?
A: It is almost the same with the first sketch. At the middle of the
two lanes or the median.

Q: Can you draw that with a red ball pen?

A: Usually sir where the first pieces of collision transpired, where
the debris transpired and it is located at the middle of the two
lane sir.

Q: Can you draw?

A: (Witness encircling the middle part of the drawing)

Q: Label it point of impact.

Transcript
Criminal Case No.
Testimony of
September 6, 2023
Page 7
A: (Witness labeling the center line as the point of impact)

Q: You said in the middle of the two lines. What are you referring
to as two lines?
A: There is the inbound lane and the outbound lane which is also
left and right lane sir. And between that two lanes, which is the
median, it is the possible point of impact based on the
evidences.

Q: And you said two lines, it is two lanes, two lines?

A: Two lanes.

Q: The inbound lane and the outbound lane.

A: Yes sir.

Q: And in the middle of that, is it not that there is a paint?

A: Yes sir.

Q: Paint…
A: It was also defined there, double solid yellow lane which means
strictly no overtaking sir.

Q: Strictly no overtaking.
A: Yes sir, on both sides, particularly.

Q: Now, this point of impact, how did you arrive or how did you
conclude that this is the point of impact?
A: It is where the debris fell and it is also supported by the still
marks which possibly came from the motorcycle when it fell and
likewise the debris from the truck itself.

Q: Okay. So you made this determination of this point of impact

independent from the other evidence that was with you?
A: No sir.

Q: Or in connection?
A: In connection sir. The only difference is the direction which is
from the first drawing, it is the reverse part. If you placed the
drawing, it is exactly the same with my drawing sir.

Q: Yes. So can you label where is that, the directions, this one, the
directions. Here, just put it here so that… this is going to…
A: Towards Marcos Highway but sometimes the better reference is
towards Sta. Catalina because it is more known to the majority
of the Baguio people.
Transcript
Criminal Case No.
Testimony of
September 6, 2023
Page 8
(Witness marking the right lane as the way going towards
Sta. Catalina or Campo Sioco)

Q: And then this one, label this one also. This other opposite lane,
inbound going to?
A: CBD or UP Drive. (Witness marking the left part of the drawing
as going to the Central Business District or the UP Drive)

Q: Now, here, it appears that the truck involved in this incident

driven by the accused, where was it proceeding?
A: It came from the direction of Marcos Highway heading towards
flyover which is leading to UP Drive or CBD.

Q: Leading to the CBD?

A: Yes sir.

Q: And the motorcycle was?

A: Came from the opposite direction.

Q: The motorcycle was driven by the victim, correct?

A: Yes sir.

Q: Now, you were the ones who filed this reckless imprudence
resulting in homicide against the driver of the truck in support of
the complaint of the private complainant?
A: I am not the one who personally, is that what you mean sir?… It
is our office sir, it was the investigator who filed the case.

Q: Anyway, you filed it against the accused,?

A: Yes sir based on the gathered evidence sir.

Q: Your office filed this case against accused based on the

gathered evidence?
A: Yes sir.

Q: Meaning to say, the gathered evidence point to him as the one

at fault in this case, correct?
A: Yes sir.

Q: Yes. The point of impact is at the lane of the truck, correct?

A: It is in the middle sir.

Q: It is in the middle?
A: Yes sir.
Transcript
Criminal Case No.
Testimony of
September 6, 2023
Page 9

Q: So, when you say it is in the middle, what do you mean?

A: It is a neutral, seems like it is a neutral lane sir.

Q: Neutral lane?
A: Yes sir.

Q: When you say neutral lane…?

A: A separatory line between the two lanes.

Q: So it is not necessary on the lane of the truck?

A: Yes sir.

Q: So, anyway, as indicated in the sketch, it appears that it is more

to the lane of the truck?
A: Slightly.

Q: Do you agree?
A: Yes sir.

Q: Slightly. Because it is the one indicated in the sketch?

A: Yes sir.

Q: Why did you file this case or why did this case filed based on
your investigation against the truck driver even if this is the
point of impact?
A: Because at that time sir, there were already witnesses who
came out and informed us about prior the incident, the
actuation of the truck prior to the incident. And later on, a CCTV
came out, I mean, dashcam, that collaborated the verbal
testimony of the witness sir.

Q: Who was that witness?

A: First, it is Sgt. , if I pronounced it correctly, and some taxi
drivers whom he also took with during the time. The mistake is,
they did not take the names of those other witnesses. Even the
two nurses who assisted the incident at that time. It was not
taken sir.

Q: You mentioned of a CCTV?

A: Dashcam sir.

Q: Dashcam footage?
A: Yes sir.
Transcript
Criminal Case No.
Testimony of
September 6, 2023
Page 10
Q: Did you collect that as part of your investigation?
A: They collected sir. The investigators and I think, from the
referral form, it was also submitted, as part of the evidence.

Q: Do you have that with you?

A: I have it because I went back from the tier and still we have
retrieved it but then I don’t have data sir but I can forward it to
you.

Q: Can you forward it to the messenger of the Honorable Court?

A: Yes sir. Upon reaching the office so that I will have my internet.

COURT:
We have an internet connection. You can have your…

PROS. R:
Can we just connect your phone? May we pray for a two minute
recess, Your Honor?

COURT:
Let us have a two minute recess. Do not get out of the witness
stand.

(R E C E S S)

BR. CLERK OF COURT:

Your Honor, we would like to manifest that from the cellphone
of Police Officer, it was sent to me and then I sent it to our
official account which is now being played in our TV, Your
Honor, the video, I mean, Your Honor.

PROS. R:
May we ask that the dashcam footage… (interrupted)

COURT:
So what are we looking at?

PROS. R:
This is the dashcam footage of the incident, Your Honor.

COURT:
Taken from what direction?

PROS. R:
Transcript
Criminal Case No.
Testimony of
September 6, 2023
Page 11
Taken from the direction of Marcos Highway going to Baguio
City.

BR. CLERK OF COURT:

I am now playing the video.

PROS. R:
Q: Mr. Witness, that one, at the start of the CCTV, is that the
truck?
A: Yes sir.

Q: Where is it now?
A: At the junction of Legarda and Marcos Highway sir approaching
the bridge.

Q: We played the CCTV footage. What did you observe? What is

the behavior of the truck driven by the accused?
A: First initial violation is non-observance of the traffic signs.
Though its night but also the road pavement markings which is
the solid yellow line which is strictly no overtaking. And also the
city speed limit driving which is only from 20kph to maximum of
30, a common violation.

COURT:
Q: 20 to 30?
A: Yes, Your Honor. But in other, it is 40kph, in other places.

Q: So for Baguio, it is 20 to 30?

A: Yes, Your Honor. What cannot be denied also is allegation of
loss break because from that, he stopped from that position. It’s
just so happen that his speed is fast. If it is not fast, then we
can avoid that despite the wrong action of the other motorist as
part of defensive driving.

PROS. R:
We have no further questions.

COURT:
Cross?

ATTY. ----:
Cross, Your Honor.
Q: Mr. Witness, you mentioned a while back that you arrived at the
scene of the incident at about 8 to 8:30 in the morning, is that
correct?
Transcript
Criminal Case No.
Testimony of
September 6, 2023
Page 12
A: Yes sir.

Q: Do you happen to know at what time did the accident

happened?

PROS. R:
By the way, Your Honor, The dashcam footage, we would like
to mark it as Exhibit N for the prosecution?

COURT:
N as in never?

PROS. R:
Never.

ATTY. ----:
May we also adopt the same dashcam footage as our Exhibit 1,
Your Honor, for the defense?
Q: Going back, Mr. Witness, do you happen to know at what time
did the accident happen?
A: I was informed that at about 5:40.

Q: At about 5:40. You arrived at the place of the incident almost

three hours after it happened, is that correct?
A: Yes sir. Upon the assumption of my duty from 8 o’clock.

Q: When you arrived, Mr. Witness, was the place cordoned?

A: No more sir.

Q: No more?
A: Actually, it was not cordoned prior to the incident. They used
vehicles as their cordon to block both entrance of the bridge.

Q: So, it was not cordoned?

A: It was not cordoned.

Q: So was there a possibility Mr. Witness that when you arrived,

the debris were already tampered or moved?
A: Not at all sir because the skid marks or tire marks from the
vehicle cannot be moved even the oil spill except those
scattered pieces of debris.

Q: So the scattered pieces of debris, there is a possibility that they

moved, is that what you are saying?
Transcript
Criminal Case No.
Testimony of
September 6, 2023
Page 13
A: Yes sir.

Q: On the dashcam footage, Mr. Witness...

May we pray, Your Honor, that it be played again?

COURT:
Replayed. You replay the video.

ATTY. ----:
And pause it at the time when the impact was about to happen.

COURT:
(Video playing) Will you stop there? That is from the bridge.
Can you have it slow motion?

WITNESS:
That is the Legarda junction.

COURT:
Q: Ah, that is the Legarda junction. That is not yet the bridge?
A: Yes, Your Honor.

Q: He is coming from Legarda junction. I see.

(Video playing.)

Ganito na lang. I-normal speed mo, next, i-slow motion mo.

Anyway, it does not take a minute. (Br. Clerk of Court playing
the said video accordingly and paused it at the time of impact)

ATTY. ----:
Q: That is the point when they are about to collide, is that correct,
Mr. Witness?
A: Yes sir. The place of collision.

Q: Will you agree with me that the truck, the vehicle driven by the
accused was already on his lane when the impact happened?

COURT:
The best evidence would be the footage counsel. Do not ask
him, he was not there.

ATTY. ----:
We submit, Your Honor. Continue po (video being played).
Transcript
Criminal Case No.
Testimony of
September 6, 2023
Page 14
Q: And no one was chasing, is that correct, when he stopped?
A: None.

No further cross, Your Honor.

BR. CLERK OF COURT:

We will play at a slow speed, Your Honor.

COURT:
You wait. That is for the Court’s appreciation already. It is okay.
The Court can have it replayed.

BR. CLERK OF COURT:

Okay, Your Honor.

COURT:
Any redirect?

PROS. R:
None, Your Honor.

COURT:
Q: How did you obtain that footage?
A: It is the investigators of that case, Your Honor.

Q: So you are not the investigator on this case?

A: I am their direct supervisor, their senior, I am the one in charge
in assisting them, Your Honor.

Q: When you say the investigators, are you referring to the police
officers who earlier testified by the name of, what is the name
fiscal of your former witnesses?

PROS. R:
P AND P.

COURT:

Q: P. So they were the ones who took the footage?

A: I am not sure, Your Honor, but it was submitted into our office.

Q: It was submitted to your office. How did you authenticate that

footage that was submitted to you?
Transcript
Criminal Case No.
Testimony of
September 6, 2023
Page 15
A: I am not sure, Your Honor. What I can remember is, the owner
of that vehicle gave it. I don’t know if it is Sgt. F then from Sgt.
Fs or Station 5 up to our office sir.

Q: So it was not given to you directly by the owner of the

dashcam?
A: Yes, Your Honor.

Q: So is that a dashcam of a motor vehicle?

A: Yes, Your Honor. It was also posted at the BSF, I think, Your
Honor.

Q: BSF, what is BSF?

A: Baguio Sumbungan Forum, Your Honor.

Q: It was posted at the Baguio Sumbungan Forum on the day of

the incident?
A: Yes, Your Honor.

Q: Don’t you not also have that in the traffic center?

A: At that time, Your Honor, there is no CCTV yet at that bridge.

Q: At the BGH flyover?

A: Yes, Your Honor.

Q: So when did we have a centralized CCTV monitor?

A: At that time, because it was all removed and it was being fixed
by under the City Government so the previous CCTVs are
stopped.

Q: What is that, Baguio Sumbungan Forum?

A: Yes, Your Honor.

Okay. The witness is excused. Thank you, Mr. Police Officer.

WITNESS:
Thank you, Your Honor.

COURT:
Do you have other witnesses?

PROS. R:
None, Your Honor. May we pray for continuance?

COURT:
Transcript
Criminal Case No.
Testimony of
September 6, 2023
Page 16
September 7.

PROS. R:
September 7 is tomorrow. Our next witness is the relative of the
victim who will testify. They will be coming all the way from but
they have difficulty in coming here because there are many
slides, so may we pray for the cancellation of the schedule for
tomorrow?

COURT:
Okay. We will call it on September 12?

PROS. R:
Yes, Your Honor.

COURT:
Twelve (12) and then we will add one trial date for the accused.

ATTY. ----:
Yes, Your Honor.

COURT:
Tomorrow’s setting is cancelled. We will call this case for the
last presentation of evidence for the prosecution on September
12, 2023. And then we will give two trial dates for the accused
as a replacement because September 12 is morning and
afternoon.

BR. CLERK OF COURT;

Yes, Your Honor. September 25 and 27.

COURT:
September 25 and 27 at 8:30 o’clock in the morning. These are
the dates for the presentation of the defense evidence. The last
trial date for the prosecution will be on September 12, 2023 at
8:30 o’clock in the morning.

(OFF THE RECORD)

PROS. R:
May we have this case, the one last one to be called in the
calendar, last in the calendar?

COURT:
Transcript
Criminal Case No.
Testimony of
September 6, 2023
Page 17
We will call it at 10:00 o’clock. You come at 10:00 o’clock. Ten
o’clock on September 12, 2023.

ATTY. ----:
Thank you, Your Honor.

PROS. R:
May we just have it at 8:30 and then have it last in the calendar
so that they will have opportunity to…

COURT:
Talk?

PROS. R:
Yes, Your Honor.

COURT:
So what you are asking fiscal is it be calendared last?

PROS. R:
Yes, Your Honor.

COURT:
8:30, not 10:00 o’clock.

(OFF THE RECORD)

ORDER: (In the record)

X----------------------------X
CERTIFICATION

I hereby certify that the foregoing is the true and correct

transcript of stenographic notes, taken to the best of my knowledge
and ability.

NOELA D. FELIPE
Court Stenographer