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CRIMINAL CASE NO.

0919 FOR VIOLATION OF RA 9262


CLERK OF COURT : All rise! The court is now in session with Judge Juan Ponce-Lavi presiding. (the judge enters and bangs the gravel). Please remain standing for the prayer. In the name of the father. You may now take your seat. Judge : Call the case

CLERK OF COURT : People of the Philippines versus Kiko kanangayon, Criminal Case Number 0919 for Violence against Women and Children. Judge FISCAL : Appearances : Prosecutor Jorge, representing the government your honor. Authorizing Private Prosecutor Aireen Villahermosa Pinili to defend this case. And we are ready to present our witnesses your honor.

Defense Counsel : ATTY. RENZ GAHUNAY MAATA, counsel of the accused, your honor. We are ready Judge : State your argument prosecutor.

Private Prosecutor : Your honor, Mr. Kiko kanangayon the defendant of this proceeding oftentimes maltreated his wife, Eva Kanangayon. The private complainant has secured Barangay Protection Order dated June 8, 2012 which is valid for 15 days, and within that period the defendant again maltreated his wife on June 16, 2012. Who incurred physical injuries which require medical attention for more than 30 days. Your honor, the defendant clearly violates Section 5(a) of RA 9262 otherwise known as Violence Against Woman and Children. In the name of the government your honor, we hereby prayed that justice may prevail in this proceeding. Judge : You present your first witness.

Private Prosecutor : May I call on the witness stand your honor, the private complainant, Eva Kanangayon. Judge INTERPRETER : Okay, swear the witness. : Raise your right hand. Do you swear to tell the truth the whole truth and nothing but the truth? : Yes maam. : Please state your name, age and other circumstances.

COMPLAINANT INTERPRETER

COMPLAINANT

: Eva Kanangayon, 33 years old, married, and a resident of Purok Atis, Banilad, Dumaguete City. : Your witness, prosecutor.

INTERPRETER

Private Prosecutor : We are offering the testimony of this witness your honor to prove the material allegation in the criminal information; to identify the perpetrator who causes the physical injuries she suffered and likewise to identify some documents and to testify on other matters relative thereto, your honor. Judge : Any comment to the offer?

Defense Counsel : No comment, your honor. Judge : You may proceed. (DIRECT EXAMINATION OF THE VICTIM) Private prosecutor : Madam witness, Do you know the person name Kiko kanangayon? COMPLAINANT : yes maam, he is my husband.

Private prosecutor : You said that he is your husband madam witness, how long have you been married? COMPLAINANT : More than two yes maam.

Private prosecutor : If you are married for more than two years, when was the exact date when you contract marriage to him? COMPLAINANT : On May 16, 2010.

Private prosecutor : Do you have any children, madam witness? COMPLAINANT : yes maam, one baby girl.

Private prosecutor : and how old is your baby girl, madam witness? COMPLAINANT : 6 month old maam

Private prosecutor : Madam witness, can you please identify this document I am showing to you. COMPLAINANT : This is the affidavit that I signed on June 17, 2012.

Private prosecutor : May I pray You honor that this Affidavit be marked as Exhibit A. Judge : Mark it.

Private prosecutor : Madam witness, where were you on June 16, 2012? COMPLAINANT : I was in the house of Magdalena sawimpalad

Private prosecutor : Do you have any other companion at the house of Magdalena Sawimpalad? COMPLAINANT : yes maam.

Private prosecutor : who are they? COMPLAINANT : My 6 month old baby, Magdalena Sawimpalad, Noel Leon and Erik Santol.

Private prosecutor : So what happened next while staying at the house of Magdalina Sawimpalad? COMPLAINANT : My husband arrived. Without any single word, he grasped my left arm tightly and dragged me outside the house going to the direction of our own house.

Private prosecutor : How far is your house to the house of Magdalena Sawimpalad? COMPLAINANT : its about 20 meters away.

Private prosecutor : Did you do anything to stop him from dragging you? COMPLAINANT : I begged him to stop it because I was worried that I might lose control with my infant and fall her in the ground.

Private prosecutor : Was there anybody who intervened, madam witness? COMPLAINANT : yes maam.

Private prosecutor : Who was that, madam witness? COMPLAINANT : Our neighbor, Noel Leon.

Private prosecutor : What did noel do? If theres any? COMPLAINANT : He just told my husband, that Hinaya rag bitad bai kay basin ug mahulog ang Bata : Interpret the Hinaya rag bitad bai kay basin ug mahulog ang Bata

Interpreter

Private prosecutor : How did the accused react? If theres any? COMPLAINANT Interpreter : he raised his voice saying ayaw pag apil-apil bai, family trouble ni. : Interpret the ayaw pag apil-apil bai, family trouble ni

Private prosecutor : so what happened next when you reach at your house? COMPLAINANT : He slapped me twice while hugging my baby. But I still manage to put my baby at the crib coz he told me so.

Private prosecutor : Told you what Madam witness? COMPLAINANT : He told me Ibutang kanang bataa sa kuna kay kong d i ko kapugong, basin ilabay ko kana sa bintana. : Ibutang kanang bataa sa kuna kay kong di ko kapugong, basin ilabay ko kana sa bintana.

Interpreter

Private prosecutor : What happened next after you put your baby at the crib? Madam witness COMPLAINANT : He delivered several fistic blows at the different parts of my body. Then I lost all my senses, when I woke up, I saw my neighbors attending to me in City Health Center.

Private prosecutor : So what happened next madam witness? COMPLAINANT : The doctor examined my injuries.

Private prosecutor : Did the Doctor Provide a Medical Certificate? COMPLAINANT : yes maam, on the next day of the accident.

Private prosecutor : I am showing you this Medical Certificate, is this the one you referring madam witness? COMPLAINANT : yes maam, this is the Medical Certificate that Dr. Renacia Issued.

Private prosecutor : we may pray your honor that this Medical Certificate be marked as exhibit B your honor. Judge : Mark it.

Private prosecutor : Madam witness is this the first time did your husband maltreated you? COMPLAINANT : No maam. It happened many times.

Private prosecutor : When was the last maltreatment prior to that on June 16, 2012. COMPLAINANT : That was June 06, 2012 maam.

Private prosecutor : What did you do after the physical abuse madam witness? COMPLAINANT : I asked the help of our Barangay Captain and he issued Barangay Protection Order.

Private prosecutor : Madam Witness is this the Barangay Protection Order, your referring? COMPLAINANT : yes maam.

Private prosecutor : You honor I have here the copy of the Barangay Protection Order, I am also furnishing a copy to the counsel of the accused your honor And we may pray that this Barangay Protection Order will be marked as exhibit C. Judge : Mark it.

Private prosecutor : We also pray your honor that the date June 08, 2012 will be encircled and marked as exhibit C-01. Judge : Mark it.

Private prosecutor : At the bottom portion of this BPO, your honor, you can find the text, Copy Received and opposite of it, is the signature over printed name of the respondent himself, kiko kanangayon. I pray your honor that this will be encircled and be marked as exhibit C-02 Judge : Mark it.

Private prosecutor : Your Honor, at the bottom of the Copy Received comes the text, Date Received. Opposite of it is the date, June 10, 2012. I want this, Your Honor, be encircled and be marked as exhibit 01C for the prosecution, Your Honor. Judge : Mark it (Pertaining to the Cleck of Court)(The Clerk marks the exhibit)

Private prosecutor : At the middle portion of this BPO, Your Honor, it is boldly printed in bigger fonts, the word, VIOLATION OF THIS ORDER IS PUNISHABLE BY LAW. I want this texts be marked as exhibit 01D for the prosecution, You Honor. Judge : Mark it (Pertaining to the Cleck of Court)(The Clerk marks the exhibit)

Private prosecutor : Your Honor, this BPO is issued by Barangay Captain Juan De Guzman on June 08, 2012 and duly received by the accused on June 10, 2012. This is valid within fifteen days from receipt. That is why, this BPO shall be effective until June 24, 2012; and the physical abuse happened on June 16, 2012. Therefore, it is very clear Your Honor, that the accused disregarded this Barangay Protection Order. Thats all for the prosecution, Your Honor Judge : Counsel for the defense, any cross examination?

___________________________________________________________________________

Judge

: You discharge the complainant and call your next witness prosecutor.

Private prosecutor : May I call on to the witness stand your honor, Magdalena Sawimpalad. Judge INTERPRETER : Okay, swear the witness. : Raise your right hand. Do you swear to tell the truth the whole truth and nothing but the truth? : Yes maam. : Please state your name, age and other circumstances. : Magdalena Sawimpalad, 35 years old, married, and a resident of Purok Atis, Banilad, Dumaguete City. : Your witness, prosecutor.

WITNESS 2 INTERPRETER WITNESS 2

INTERPRETER

Private Prosecutor : We are offering the testimony of this witness your honor to corroborate criminal information and to identify some documents and to testify on other matters relative thereto, your honor. Judge : Any comment to the offer?

Defense Counsel : No comment, your honor. Judge : You may proceed.

Private Prosecutor : Thank you your honor, Madam witness, do you know the person name Kiko kanangayon? WITNESS 2 : yes maam.

Private Prosecutor : Why did you know this person, madam witness. WITNESS 2 : We are neighbors maam.

Private Prosecutor : you said that you are neighbors madam witness so far is your house to kiko Kanangayon. WITNESS 2 : about 20 meters away maam.

Private Prosecutor : Where were you on June 16, 2012? WITNESS 2 : At my own house, in Banilad Dumaguete City.

Private Prosecutor : Do you have any companion at that time madam witness? WITNESS 2 : yes maam.

WITNESS 2

: who are they?

Private Prosecutor : they are eva kanangayon, her baby, Noel Leon, and Ben Tambling? WITNESS 2 :

Private Prosecutor : Private Prosecutor : What did Kiko kanangayon do?. If theres any? WITNESS 2 : When kiko Kanangayon arrived at my house maam, he looks so angry and without a words, he grasped the armed of EVA and dragged her towards their house.

Private Prosecutor : what happened next, if theres any? WITNESS 2 : I heard like