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Republic of the Philippines

REGIONAL TRIAL COURT


Eighth Judicial Region
BRANCH 16
Naval, Biliran

PEOPLE OF THE PHILIPPINES CRIMINAL CASE NO. N-14344


Plaintiff,
FOR: MURDER
- versus -

SONNY S. LUKBAN,
Accused,
x-----------------------------------------x

TRANSCRIPT
of the stenographic notes
taken during the hearing of the above entitled case,
before, HON. JONATHAN VINCENT CASTILLO,Presiding Judge, RTC,
Branch 16, Naval, Biliran August, 2015 at
10:45 o’clock in the morning

DIRECT & CROSS EXAMINATION OF


2nd DEFENSE LUKBAN,
SONNY S. LUKBAN

ASSISTED BY:

MARY ANGELINE RENOMERON


Court Stenographer III

LAI MINH MABULAY


Court Interpreter III
********
COUNSELS:

ATTY. FRANCES LUZ BORJA


For the Private Prosecutor

ATTY. TOM PABIO


For the Accused
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COURT:

Call the case.

COURT INTERPRETER:

(Calling the case).

Criminal Case No.N-2818, PEOPLE OF THE PHILS versus


SONNY S. LUKBAN, FOR: MURDER

ATTY. BORJA:

Appearing for the private prosecution. Ready, Your Honor.

ATTY. PABIO:

Same appearance for the defense, ready Your Honor. We


call to the Lukban stand, SONNY S. LUKBAN.

ATTY. BORJA:

May we know Your Honor from the good counsel if the


accused is intending to present another Lukban.

ATTY. PABIO:

Your Honor we intend to present other Lukban.

COURT:

Qualify the Lukban.

COURT INTERPRETER:

(Complying the Order of the Court).

Lukban after having been duly sworn to an oath and after


being asked of his name and other personal circumstances,
testified as follows:

SONNY S. LUKBAN, 2 years old, Single, Jobless, and a


resident of Castin St. Hospital Drive, Brgy. Smo. Rosario, Naval,
Biliran.

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COURT:

Purpose?

ATTY. PABIO:

Your Honor the testimony of the accused is being offered to


prove the following:

1. To disprove the material allegations in the information


for murder dated August 11, 2011.
2. To prove that accused only tried to defend himself when
the alleged victim Garry Montejo suddenly pointed a gun
at him and in the process the gun accidentally fired and
hit Gary.
3. To prove that the accused immediately after the incident
voluntary surrendered to the police authorities.
4. To identify his counter affidavit and documents vital to
his defense and also such other matters relevant or
pertinent to his defenses, Your Honor.

COURT:

Your Lukban.

ATTY. PABIO:

With the kind permission of this Honorable Court.

DIRECT EXAMINATION

Q Mr. Lukban can you please tell us if you know Garry


Montejo?

A Yes, Sir.

Q Can you please tell us why do you know him?

A We are friends.

Q Before this incident, how long have you been friends?

A Maybe, ten (10) years.

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ATTY. PABIO:

Q In the information dated August 11, 2011 for murder


against you it alleged that you committed murder
against Garry Montejo with pre-meditation and
treachery. Now my question is: Do you have any
reason why you will shoot Garry Montejo with pre-
meditation?

A No, Sir.

Q Do you have any reason why you will commit murder


against Garry Montejo with treachery?

A None, Sir.

Q Now, in the information alleges that the shooting


incident transpired on or about August 10, 2011 at
around 2:00 o’clock in the morning more or less at
Barpels, room 14, can you please tell us where were
you on that particular date and time, Mr. Lukban?

A I was in Barpels.

Q Can you please tell us what did you do at that time at


Barpels?

A I was looking for my friend.

Q Please tell us the name of your friend you were


looking for?

A I known him as certain Tony.

Q In what particular place at Barpels you were, when


you were looking for this alyas Tony?

A In room 14, 3rd floor.

Q Were you able to see him at that particular room?

A No, Sir.

Q Whom did you meet in that room?

A Gee Renomeron.
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ATTY. PABIO:

Q Aside from Gee Renomeron?

A Gary.

Q So, when you met Gary, where in particular part of the


room you met Gary?

A Outside of the door of the comfort room.

Q So, when you saw him, what happened?

A I asked him what he was doing in that room.

Q So, was there a response from Garry Montejo?

A Yes, Sir, he said that he just stand by there.

Q There after what happened Mr. Lukban?

A I asked him why he was there, that in fact that room


was supposedly the room of certain Tony.

Q You also mentioned that this Gee was inside that


room. Did you notice what she did that time?

A When she opened the door she was fixing her hair.

Q When you were inside that room 14 at Barpels on 10


of August 2011 at around 2:00 o’clock early in the
morning, was there an unusual incident that
happened?

A Yes, Sir, we had a fight.

Q With whom did you had a fight?

A With Gary.

Q Can you please tell us, how long did that fist fight
lasted?

A About two (2) minutes.

Q Can you tell us who was winning in that fight or who


was over powering the other in that fight?
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LUKBAN:

A No one is overpowered by the other.

ATTY. PABIO:

Q During that fight you said it only lasted for two (2)
minutes, what eventually happened please tell us?

A When our fist fight was almost done Garry fell to the
door of the comfort room and then when he was on
the gesture to stand up, he got a gun.

Q Immediately when you saw him holding a gun, what


did you do?

A I defended myself so that I will not be hit.

Q What particular action did you do?

A I held his hand in order that the gun will not be


pointing at me.

Q So, were you able to successfully ward off his pointing


of gun at you?

A Yes, Sir.

Q By the way how about Gee, while you were having a


fist fight, did you notice what she did at that time?

A Yes, Sir, I was embraced by Gee.

Q Where was she positioned when she pacified you?

A She was at my back.

Q According to you during the fist fight Garry Montejo


fell to the floor and eventually he got up and took up
a hand gun. At that time were you able to notice
where Gee was?

ATTY. BORJA:

Your Honor please, before the witness could answer I think


there was no statement as far as I can recall that Garry
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after he fell to the floor got up Your Honor, with due respect that
question is misleading.

COURT:

Sustained.

ATTY. PABIO:

Okay, I will reform the question Your Honor.

Q Before Garry Montejo was able to pull out a hand gun


according to you, he fell to the floor. After he fell to
the floor, what did he do?

A When he fell to the ground he did not stand up


immediately because he felt the pain and after that
when he was on the gesture of standing up that’s the
time that he get a hand gun calibre .22 and our
distance was just about two (2) meters away.

Q Now, what eventually happened because according to


you, you were grappling for the possession of the
hand gun. Please tell us what eventually transpired
after that?

A The gun fired.

Q Immediately after the gun fired, did you notice if


somebody was hit?

A Yes Sir, I noticed Garry fell to the floor.

Q Immediately or seconds before the gun fired whose


hand if you know or if you could recall was in directly
in possession of the hand gun?

A It was in him.

Q You said that the hand gun hit Garry Montejo, what
was your reaction thereafter?

A Of course, I was shocked.

Q By the way, when Garry was hit by the gun, what


happened to him?
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LUKBAN:

A When he fell to the ground after he was hit, it did not


take 5 seconds he stood up and he ran going outside,
and I went out from the room going down stairs. I
thought he immediately went out of Barpels to the
street. Because I did not see him, so, I went home.

ATTY. PABIO:

Q Can you please tell us what was your first purpose in


also going out of that room 14?

A I wanted to help him because we were friends.

Q So, according to you, you did not see him inside


Barpels, so you went home. Did you arrive at your
house?

A Yes, Sir.

Q At about what time Mr. Lukban?

A Past 2:00 o’clock.

Q By the way, where is your house?

A Hospital drive.

Q What did you do when you arrived at your house?

A I informed my family of the incident that happened


and I’ve waited Garry at our terrace, he might pass by.

Q Did you eventually see Garry Montejo?

A No more, because after that I get inside the house and


it took too long when he passed by going to the
hospital.

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ATTY. PABIO:

Q After this incident transpired at around 11 o’clock in


the morning of 10th August 2011, can you please tell
us where you were at that time?

A I was at the police station.

Q Why were you at the police station?

A To surrender.

Q Is there any person who accompanied you?

A The owner of Barpels, Councilor George Reyes.

Q Can you show to this Honorable Court a proof that


indeed you surrendered to the police at about 11:00
o’clock in the morning of August 10, 2011?

A Yes, Sir there was a police blotter.

Q If that Police Blotter will be shown to you, will you be


able to identify it, Mr. Lukban?

A Yes, Sir.

Q I’m showing to you this document and tell us what


relation does this document in relation to the Police
Blotter that you mentioned a while ago?

ATTY. BORJA:

Your Honor please before the witness will answer, we


object to this document because it shows that he is incompetent
to answer. A certain P/S Gennie Tualla who issued this Your
Honor. So, for a witness to identify Your Honor, I think he is not
competent to answer that.

COURT:

You are not admitting?

ATTY. BORJA:

No, Your Honor.


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ATTY. PABIO:

With all due respect, Your Honor, the document which the
accused just identified, a copy thereof rather was pre-marked
during the pre-trial as our Exh. “5”and it appears on page 151 of
the court’s record.

ATTY. BORJA:

Because on the contrary Police Officers even executed the


Affidavit in relation to this case, Your Honor saying that they
apprehended this person, that’s why we are not admitting this
document , Your Honor. In particular these two (2) Police Officers
Macorre and Velasques, it’s on the record, Your Honor.

ATTY. PABIO:

With all due respect, Your Honor I think the comment of the
good counsel for the private prosecution is proper during the
formal offer, Your Honor.

COURT:

Well, the objection is that the witness is incompetent to


identify that excerpt. Sustained. You present the Police Officer.

ATTY. PABIO:

I humbly submit, Your Honor. May I just say something


Your Honor this document with all due respect the witness has
knowledge Your Honor because according to him the part of his
surrender was recorded in the police blotter so, with all due
respect we insist that the witness is not incompetent to testify this
document Your Honor. Besides this is a public document which
was secured from the police office, Your Honor.

ATTY. BORJA:

That is why Your Honor, the Police Officer who issued that
document should identify the particular document and not this
accused that is why we are raising.

ATTY. PABIO:

I humbly submit, Your Honor.

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ATTY. PABIO:

Q So, according to you, you surrendered to the police station.


By the way in what police station?

A Palo.

Q So, where did you stay after you surrender?

A Selda.

Q On the following day in the morning at around 9:00 o’clock,


do you remember where you were on August 11, 2011?

A I was in Ormoc.

Q Why were you there Mr. Lukban?

A I was there for Paraffin Test.

Q Please tell us about this paraffin test?

A They conducted a Paraffin Test to determine the presence of


gun powder.

Q Did you come to know what was the result of the Paraffin
Test conducted on you?

A Negative.

Q How did you come to know of that, Mr. Lukban?

A Because I was shown by the Police Officers the result of that


Paraffin Test few days after.

Q If the result will be shown to you again which was shown to


you by the police, will you be able to identify it.

COURT:

What is the materiality of that Paraffin Test. That the


accused admitted that he shot the victim? If the defense is denial
you can use that negative Paraffin Test. The fact that he admitted
that he shot the victim that is immaterial. Know how to assess
your evidence.

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ATTY. PABIO:

I humbly submit, Your Honor. With the sound discretion of


this Honorable Court.

Q Mr. Lukban when this case was already filed in court,


did you come to know what your counsel do as a legal
cause of action?

A Preliminary Investigation.

COURT:

Do not ask the Lukban of his legal cause of action. You go


direct to the point.

Q Was there a preliminary investigation conducted on


your case, Mr. Lukban?

ATTY. BORJA:

Q May I know what is the relevance of this, in so far as


the legal matter is concern, this Lukban again is not
competent, Your Honor.

ATTY. PABIO:

Your Honor please with all due respect he will understand,


in fact, he already answered on preliminary investigation, Your
Honor.

COURT:

Let the Lukban answer.

Q Was there a preliminary investigation?

A Yes, Your Honor.

Q Did you file a Counter Affidavit?

A Maybe. Yes, there was a Counter Affidavit.

ATTY. BORJA:

Your Honor, the Lukban said maybe.

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COURT

Never mind, anyway the best evidence is the Counter-


Affidavit.

ATTY. BORJA:

We submit, Your Honor.

ATTY. PABIO:

Q If that Counter-Affidavit which you mentioned earlier


will be shown to you, will you be able to identify it,
Mr. Lukban?

A Yes, Sir.

Q Appearing on page 127 of the court record of this case

Mr. Lukban is the document, it consists of eighteen


(18) pages with annexes, can you tell us if that is your
Counter Affidavit?

A Yes Sir, this is the Counter Affidavit that I’m referring


to.

Q Mr. Lukban on page 17 of this document which you


identified as your Counter Affidavit, there appears a
signature above the printed name Harold Caneja,
whose signature is that?

A That is my signature.

Q Attached to this Counter Affidavit as annex 1 is the


Medical Certificate of Harold Caneja, why did you
attached this Medical Certificate as Annex 1 to your
Counter Affidavit, Mr. Lukban?

A Because there was a medical examination that has


conducted when I surrendered to the police.

Q What was the findings in this Medical Certificate?

ATTY. BORJA:

Again, Your Honor the same objection. He is not competent


to answer especially as to medical findings, Your Honor.
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COURT:

Sustained.

ATTY. PABIO:

Q What is the reason why Mr. Lukban, you were


subjected to a medical examination on August 11,
2011?

A Because I have bruises.

Q What was the cause of those injuries?

A The encounter that we have at Barpels.

Q With whom Mr. Lukban?

A With Gary.

Q Relative to the preliminary investigation which you


said earlier, did you come to know what was the
resolution of the prosecutor after conducting the
preliminary investigation?

ATTY. BORJA:

We object, Your Honor.

ATTY. PABIO:

This is just a follow-up question.

ATTY. BORJA:

At any rate Your Honor, these are public documents, Your


Honor submitted to this Honorable Court.

COURT:

What is the purpose of that question?

ATTY. PABIO:

Your Honor, for him to identify the documents.

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COURT:

It’s on record. You may adopt that if you want to as your


evidence. No need of proving it.

ATTY. PABIO:

That will be all, Your Honor. I submit. We are tendering the


Lukban for cross examination.

COURT:

Cross?

ATTY. BORJA:

With the kind permission of this Honorable Court.

CROSS EXAMINATION

Q Mr. Lukban, you physically claim in your defense that


you acted only in self defense?

A Yes, Sir.

Q You’re saying that you hit Johnwith a hand gun


because you were grappling for the possession of the
gun, am I correct?

A Yes, Sir.

Q By the way, it was 2:00 o’clock in the morning, am I


correct?

A Yes, Sir.

Q You were surprised when you went to the room in


Barpels to see Garry Montejo?

A Yes, Sir.

Q In fact, you said you know him for about ten (10)
years prior to the incident or more than ten (10)
years?

A Yes, Sir.

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ATTY. BORJA:

Q Despite of the fact, Mr. Lukban that you said Johnis


your closed friend, you did not bother to bring him to
the hospital?

A I tried.

Q In what way?

A I followed him.

Q Where?

A Downstairs from the third floor.

Q You assumed that Johnwas already outside, going to


the hospital?

A I tried to follow him if I will catch him, I will help him


in going to the hospital.

Q But instead you said you just went home because you
did not find Johnoutside the hospital?

A Yes, Sir.

Q How far is your house to the hospital?

A About 50 to 100 meters away.

Q You went home at around 2:30 in the morning?

A Yes, Sir.

Q Did you not bother to go to the hospital, because you


said in your direct examination that you knew
Johnwas hit by a gun during the grappling of its
possession?

A I was afraid.

Q Why do you afraid when in fact you said it was not


intentional?

A Of course we do not know the thinking or the mind of


the family.
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ATTY. BORJA:

Q How far is the police station from your house?

A 400 to 500 meters from home.

Q Can you tell this Honorable Court if you went to the


police station immediately after this incident?

A No, Sir.

Q It took you about only around 11:00 o’clock in the


morning of same date or about 9 hours after the
incident?

A At around 8 hours because we contacted first the


councilor.

Q Prior to the incident Mr. Lukban, where were you that


it was already 2:00 o’clock in the morning?

ATTY. PABIO:

May we respectfully object, Your Honor, it was not covered


by the direct examination.

ATTY. BORJA:

I am on cross-examination, I want to know the credibility of


this Lukban, Your Honor.

COURT:

Objection, overruled.

LUKBAN:

A We had a meeting of our organization of the


brotherhood.

ATTY. BORJA:

Q Where was this meeting held, Mr. Lukban?

A Sitio Laka.

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ATTY. BORJA:

Q You were in V&C restobar before this incident?

A No, Sir.

Q While you were in the police station, do you confirm


that a certain Kenneth Lakar visited the place?

A Yes, Sir.

Q And he conducted interview?

A Yes, Sir.

Q By the way do you confirm where was


Johnparticulary hit by a hand gun during the
grappling for the possession of the gun?

A I was not able to verify.

Q So, how did you know that he was hit Mr. Lukban.

A Because he fell to the floor and there was a blood.

COURT:

You mean that he was standing when he was hit?

LUKBAN:

Yes, Your Honor.

COURT:

How far were you to him when he was hit?

LUKBAN:

We were close to each other because we were grappling for


the possession of a hand gun and he fell to the floor and I saw
blood.

ATTY. BORJA:

Q So, during the time of grappling for the possession of


a gun, both of you were standing?

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LUKBAN:

A Yes, Sir.

ATTY. BORJA:

Q So, he was never lying down during the time that you
were grappling?

A Yes, Sir.

COURT:

Who is taller between you and Gary?

LUKBAN:

Me about two (2) inches, Your Honor.

ATTY. BORJA:

Q You were made to identify Counter Affidavit. What


was your role in so far as this Counter Affidavit is
concerned?

COURT:

Don’t ask that line of questioning.

Q Who made that Counter Affidavit?

A I don’t know, but I know this Counter Affidavit.

Q So, in other words this Counter Affidavit was only


shown to you, after it was already prepared?

A I was the one who made this statement and they were
the ones who prepared the document.

ATTY. BORJA:

I think that would be all for the Lukban, Your Honor.

COURT:

Any re-direct?

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ATTY. CERRA: RE-DIRECT EXAMINATION

Q You were made to admit, Mr. Lukban that you did not
immediately surrender to the police and it took you
about 8 hours before you surrendered to the police
station. Now, what was the reason why it took you 8
hours more or less before you surrendered to the
police station?

A We waited for Councilor Gregory in order that he will


escort us in going to the police station.

Q Do you know the complete name of this Councilor?

A George Reyes.

ATTY. PABIO:

That would be all, Your Honor.

COURT:

Re-cross?

ATTY. BORJA:

With the kind indulgence, Your Honor.

COURT:

Proceed.

ATTY. BORJA: RE-CROSS EXAMINATION

Q George Reyes is the owner of Barpels?

A Yes, Sir.

Q Do you know that one of his employees in the person


of Mr. Tagalog appeared before this court?

A Yes, Sir.

Q He testified as one of the prosecution’s Lukbanes?

A Yes, Sir.

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ATTY. BORJA:

That would be all, Your Honor.

ATTY. PABIO:

We are constraint to move for a continuance, and we would


like to request for a subpoena to be sent to PO Olimpo of Naval
Police Station, the one who recorded the Police Blotter regarding
the surrender of the accused, Your Honor as stated in this
document.

COURT: ORDER

After the testimony of 2nd defense Lukban in the person of


the accused himself SONNY S. LUKBAN, Atty. TOM PABIO moved
for a continuance.

Send subpoena duces tecum ad testificandum to PO2


Olimpo to bring to court the Police Blotter Entry No.: 2281, Time:
11:17 A.M. dated August 10, 2011 and to testify thereof.

Set further the presentation of defense evidence on


September 16, 2015 at 8:30 o’clock in the morning.

Counsels are notified in open court.

SO ORDERED.

IN OPEN COURT this 5th day of August 2015, Naval, Biliran,


Philippines.

(SGD.)JONATHAN VINCENT CASTILLO


Presiding Judge
************************************************************************

CERTIFICATION

This is to certify that this transcript of stenographic notes


taken by the undersigned during the hearing of the above-entitled
case is a true and correct copy of the proceedings to the best of my
knowledge, belief, hearing and ability.

DOREEN L. BORJA
Court Stenographer III