Court Clerk of Court Defense Call the case People of the Philippines Vs, Noman Torregos Criminal Case No. 2344 for: Less Serious Physical Injuries and Abuse of Authority. This is for arraignment Appearances for Prosecution * Atty. Reagan Bolando Assistant Prosecutor * Atty. Jesrel Bolanio 2 Assistant Prosecutor * Atty, Basilito Robles Private Prosecutor Court Appearance for Defense © Atty, Harold Bayracal © Atty. Maria Theresa Lim © Atty. Michael Ligalig Court Is the accused around? Defense The accused is around Court Armaign the accused. Clerk of Court © People of the Philippines Vs. Norman Torregosa Criminal Case No. 2344 Accused NORMAN TORREGOSA commits a crime of less serious physical injuries, Art. 265, committed as follows: That on or about 11:00 o'clock in the morning on April 13, 2011 in the municipality of Bilar, Province of Bohol. Philippines, within the jurisdiction of this court, the said accused, did then and there willfully unlawfully, and feloniously attack, assault, and wounded one, BALDOMERO MONREAL., JR. by then and there paddling his back with a steel pipe, thereby inflicting the latter closed wound on his upper back, which injuries have require medical attendance for a period of ten to thirty days, and will incapacitate him from performing his customary labor for the same period of time, ‘That the accused is a person in authority or a public officer being a Barangay Captain Contrary to law. Court Do you understand the allegations of the facts? Accused ‘Yes, your Honor. Court What is your plea? Accused Not guilty, your Honor. Court The accused pleaded not guilty. Was there a proposal for amicable settlement? Prosecution & — : None, your Honor Defense Court Marking of Exhibits Prosecution Prosecutor We pray that the Information will be mark as “Exhibit A”Court Prosecutor Court Prosecutor Court Prosecutor: Court Defense Court Court Prosecution Court Mark it ‘We pry that the Affidavit of Baldomero Monreal, Jr, will be mark as “Exhibit BY Mark it We pray that the Affidavit of Jade Salingay will he mark as “Exhibit C™ Mark it ‘We pray that the Medico Lev mark as “Exhibit D" Mark it We pray that the Medico Legal issued by Felicisimo Maghuyop will be mark as “Exhibit, Mark it We pray that the Certification issued by Julius Lace will be mark as “Exhibit E” Mark it ‘That’sall, your Honor. Show your documents to the Defense, Does ‘the Defense admit the genuinoss and due execution of the documents?” ‘Yes, your Honor, “The Defense admits the genuiness and due execution of Exhibit A-F co Tubaces will be issued by Benito Francis We pray that the Counter-Affidavit of Noman Torregosa will be mark as “Exhibit 1" Mark it We pray that the Certification issued by Julius thae w: “Exhibit 2 bbe mark as Mark it ‘We pray that another Certification issued by Julius Tbaoe will be mark as Exhibit 3 Mark ‘We pray that the Joint Counter-A fidavit of Christopher Ho and Ronald .yon will be mark as “Exhibit 4” Mark Isthat all? Yes, your Honor. show your documents to the Presecution Prosecution, Do you admit the genuiness and due execution of Exhibits 1- dof the Defense?” ‘We admit the Genuiness and due execution of Exhibits 1-4 of the defense. Witnesses for the Prosecution, 1. Baldomero R. Monreal, Jr Subayon, Bilar, Bobol 2. Inde Salingay Subayon, Bilar, Bohol 3. Dr: Benito Francisco L. Tubaces V ‘Municipal Health Officer 4. Dr Felicisimo T. Maghuyep Medico-Lezal Officer I] Cong. Simeon G, Toribio Memorial Hospital Police Inspector Julius Ibaoc Chief of Police i, Bohol Prosecution has 5 witnesses Witnesses for the DefenseDefense Court Defense Court Defense Court Prosecution Court Prosecution Defense Court Defense Court Prosceution Defense Court 1. Accused Norman Torregosa Subayon, Bilar, Bohol Chuistopher Ho Subayon, Bitar, Bohol 3. Ronald Sayon Subayon, Bilar, Bohol Only 3 witnesses? ‘The court takes note of your Exhibits 2 and 3. Who is going to testify on these documents? Police Inspector Julius Ihaoe, as one of our witnesses He will bea common witness? Yes, your Honor Police Inspector Julius Ibaoe will be a common witness but he will testify ‘on different account, Yes, your Honor. We pray for an additional Affidavit of Artemia Robles 3 days fom today, you have to submit the additional affidavit of Artemia [Robles and pre-matk as “Exhibit G ‘We pray that Artemia Robles will be one of our wit Artemia Robles is listed as 6" witness of the prosecution, ‘Theory of the Prosecution Accused NORMAN TORREGOSA commits a crime of less serious physical injuries.Art 265, committed as follows: That on or about 11:00 o'clock in the morning on April 13, 2011 in the ‘municipality of Bilar, Province of Bohol, Philippines, within the jurisdiction of this court, the said accused, did then and there willfully, unlawfully, and feloniously attack, assault, and wounded one BALDOMERO MONREAL, JR. by then and there paddling his back with a steel pipe, thereby inflicting the latter closed wound on his upper back, which injuries have require medical attendance for a period of ten to thirty days, and will incapacitate him from performing his customary labor for the same period of time, ‘That the accused is a person in authority or a public officer being a Barangay Captain. Contrary to law. Norman Torregosa is innocent of the crime for it was not inflicted by Norman Torrevosa and it was self-inflicted. How was self-infiction happened? ‘The accused held his collar on his shit to restrain his movement because the accused want him to bring him to the tanod outpost but he struggled so ‘much that the accused constrained tightly gripped his shirt and regarding his injures at the back, it was caused by his drunkenness because it might have caused by the bamboo fence when he fall down. The issue in this case is Whether or not the accused was Tiled his neck using a steel pipe and then kicked his feet and paddled his back using a steel pipe or self-inflicted injury. The accused is a Barangay Captain of Subayon, Bilar, Boho! and this serves as an aggravating circumstance. Objection! I is not alleged in the affidavit that the accused is a Barangay Caprain. Ieisalleged inthe information, last paragraph Do you withdraw your objection?Defense Defense Court Prosecution Prosecution Defense Court Prosecution Defense Court Prosecution Defense Court Prosecution Defense Court Prosecution Defense Court Prosecution Defense Court withdraw! Your affidavits did not state about aggravating circumstance Any Arguments along this line? We will stick to our position, the accused is a public officer The agervating circumstance should be inchided in you affidavits! information. Isthere a further argument? None, your Honor. The argument of the defense is sustained No plea bargaining and amicable settlement? None, your Honor. ‘Stipulations of Facts from the Prosecution Recess for $ minutes Session is resume, silence is enjoined. Prosecution’s propos Do you admit the personal circumstances of the complainant? That he is a resident of Subayon, Bilar, Bohol We do not admit because there is no cedula attached to support such. Defense does not admit Do you admit that during April 13, 2012, 11:00AM, Captain Toreggosa And Baldomero Monreal met at the plaza of Subayon, Bilar, Bohol or they were in the same place? We do not admit that proposition of the prosecutor that they met at the plaza, Not admitted. Do you admit that Brey. Caplin Torregosa passed by and approached Baldomero Monreal? Yes, We admit. Admitted Do you admit that during the approach there was no provocation happened ‘on the part of Baldomero Monreal? We do not admit, Not admitted. Do you admit that Brgy. Captain Torwgosa lifted the neck of Baldomer Monreal?” No, how was the lifting happened? Still bothered in the lifting of the neck. Was it hand held? Reform your proposal. Do you admit that Brey. Capwin Torregosa lifted the neck of Monreal using the steel pipe? We do not admit Not admitted. Do you admit thatthe accused kicked the feet of Baldomero Monreal? We do not admit Not admitted. Do you admit that the accused Paddled the back of Baldomem Monreal using the same steel pipe? We do not admit Not admitted. We withdraw the proposal. (Do you admit that the accused Paddled the ‘back of Baldomero Monreal using the same steel pipo?) Do you admit that the accused, Norman Torregosa, is a Barangay Captain’? Yes Admitted,Prosecution Do you admit that Baldomero Monreal sustained a contusion at the back? Defense No. Court Not admitted Stipulations of Facts from the Defense Defense Do you admit that the accused isa neighbor of the complainant's Prosecution ‘Yes. They are living in the same Barangay. Court Admitted. Defense Do you admit there was a drinking session at Jade Salingay? Prosecution We do not admit Court Not admitted Defense Do you admit that the Complainant and Jade Salingay had a quarrel Prosecution in our affidavit. Defense Do you admit that the complainant was drunk? Proseeution We do not admit. Court Not admitted Defense Do you admit that due to the quarrel, there was a loud noise asking for help? Proseeution We do not admit. Court Not admitted. Defense Do you admit that the accused approached the house of Jade Salingay. Prosecution We do not admit because it isa theory that they met at the plaza Court Not admitted. Defense Do you admit that the complainant saw Torregosa about to approach the house? Prosecution We do not admit. Court Not admitted Defense Do you admit that Torregosa held your complainant's clothes to bring him to the Barangay Outpost? Prosecution We do not admit. Court Not admitted Defense Do you admit that the Complainant had a previous police records regarding alarm in scandal’? Prosecution We do not admit Coat Defense Prosecution Court Defense Prosecution Court Prosecution Not admitted Do you admit that the house of Jade Salingay has a bamboo fence? We do not admit. Not admitted. Do you admit that Ronald Sayon and Christopher Ho were in the house of Jade Salingay? We do not admit. Not admitted. That's all your honor,Callie case Clerk of Court People of the Philippines Vs. Noman Torregosa Criminal Case No, 234 for: Less Serious Physical Injuries and Abuse of Authority. Court Appearances of the Prosecution Prosecution Same Appearance © Atty. Reagan Bolando Assistant Prosecutor © Atty, Jestel Bolanio 2 Assistant Prosecutor © Atty. Basilito Robles Private Prosecutor ‘Court Appearance of the Defense Defense ‘Same Appearances © Atty, Harold Bayracal © Atty. Maria Theresa Lim + Atty. Michael Ligalig Prosecution Submitted to the honorable court the additional affidavit of Artemia Robles Court Who is wour witness? Prosecution Baldomero Monreal. Jr ‘Court Are you ready? Provecution Yes Court Call your wimess Prosecution May we call Baldomer Monreal Jr i stand in the witness stand Court Raise your right hand. Do you swear of affirm to tell the tmuth, the whole Interpreter ‘ruth, and nothing but the truth? State vour personal circumstances, Monreal do. 1 am Baldomero Monreal, J Single, Jobless Prosecution We offer the testimony of the witness-complainant to prove that the accused committed the crime upon this person. Mr. Witness, for the record, please state your name, status, job, and residence. Monreal Tam Baldomero Monreal, Jr, 23 years old, jobless and a resident of| Subayon, Bilar, Bohol Prosecution How long have you been staying at Subayon, Bilar ee birth, Prosecution How many years? ‘Monreal 3 years Prosecution ‘Where were you on April 13, 20117 Monreal At Jade’s house Prosecution What were you doing? Listening music from the FM radio What is the purpose of going there? jonreal To visit my sister and listen music Prosecution ‘Who were there? Monreal Brother.Bonifacio and 2 other fiends of my sister Prosecution Have vou exccuted an affidavit? Yes Showing this affidavit, marked as Exhibit B, Who's signature is his?Monreal Mine. Prosecution How is thi affidavit related w you? Monreal Same affidavit 1 made, Prosecution We manifest that the witness identified the signature found in the affidavit, We pray that this signature be mark as Exhibit BI ‘Court Mark it Prosecution “To whom did you exeoule this affidavit) Monreal To Ay. Reagan Bolando Monreal Whose signature appearing in he affidavit? Prosecution His signature ‘Monreal How did you Khow that this signature BH? Prosecution Twas there when he affixed his signature Monreal ‘We pray that the signature appearing above the name of Atty, Bolando be| mark as Exhibit B. Prosecution Tn Ttem No, 2, You have said that you have a verbal tussle with your| sister Monreal ‘When my sister requested me to transfer the frequency of the raido, that ‘causes our verbal tussle Prosecution ‘When your sister got angry, what was your actio Monreal | went out to stop the mode of argument or verbal tussle Prosecution ‘Where did you go? Monreal J went to the plaza’) Prosecution How faris vour plaza ‘Monreal 30 meters Prosecution When you went out who did you met? Monreal T was just surprised that Bryy. Captain Torregosa approached me instantly and without provocation 1 was attacked, Prosecution “Torevosa confronted you with a stzel pipe? ‘Monreal ‘fer kicking my feet he paddled my back with steel pipe! Prosecution ‘What was your reaction when he paddled and kicked you? Defense ‘Objection! The question is misleading. ‘Court Ifit isalleged in the affidavit, the question is not misleading, Prosecution ‘What was your reaction when he paddled and kicked you, Monreal Thave no time to react | immediately fell down, Prosecution How did you defend? Twas notable 1o do so because he hit me fist Iwas injured, Prosecution ‘After he Kicked vou, What else did he do? Monreal He shouted “KIHA LANG MO KAY ATUBANGON MO BISAN ASA! Prosecution ‘What did you do with the steel pipe? Monreal "As fr as | could remember. | fell down and I could mo longer recall Prosecution Did he do something else? Monreal ‘No more Prosecution "Atfer that incident, what happened? Monreal My sister & brother came to rescue and brought me to the municipal health center Prosecution How long did you say? For 30) Prosecution ‘After 30 mins, where did you go? Monreal My sister and brother brought me to the hospital of Camen, Bohol What did the physician say? The attending Physician, I should be admitted Forhow many dys? ‘Objection! It was not alleged in We alfaProsecution How many Ge ‘Monreal 7 devs Prosecution “After your confinement what did the doctor advised vou ‘Monreal “To gain fll recovery, | should take tine to Fest for 15.30 avs Prosecution How long! ‘Monreal 15-30 days Prosceution How did you know the asaised? ‘Monreal sso hi because he our Bisy. Capiain Prosecution Ifthe accused isin the cour, ean you point hin? ‘Monreal “That one! ‘Court “The Witness i painting Noman Tomes Prosecution How ong 1s he a rev, Cantain? ‘Monreal or fo tee Pruseeution How are vou sted wih He aces Defense. ‘Objection! The Question is urelevant ‘Court Sustained! Prosecution ‘We would Tike fo ask haw ave they feated wo Know iF here a conte between them Prosecution “Tht all fr the Wi CROSS-EXAMIN, ATION ‘Court Defense, ready Drews? Defense ‘Yes, May Lapproach the wines? ‘Court Proceed Defense ‘Who were fase te house of ade ‘Monreal THonificin and ? other fends Defense. ‘Can you name the other 2 finda Prusceution ‘Objeetion! 11s ot ated in the aN ‘Court He ested, He nay ask te naive Prosecution We withdra ‘Court Witness may anawarDefense, ready fr emse? [Ves Mav Fapproaeh Process = [Wis ers ae he Base TSE =] Bonaci and oer tends [Can you name ts om fee = [Osetia is nt sated in he aN He tesied, He may ask the ams We wits Witness ay answer T do not know hein ‘What wars thev doine” ‘When Larived, they are St biking and Tat amal he dio en ‘wae 8 verbal tussle with Jade; you added tht there 1k thatthe easing of voices was heard ser does Prosccution king Tore opinion ‘Court Prosecution [= Defense How fir i oar siigr shone Toners? Monreal 2] Around 200 mers Defense How for vs200 moter eaimate ‘Monreal Fromhere bcapiol Defense ‘Aficr the verbal wisie, you went ihe phza, What dyou dor ‘Monreal T did not do anything. 1 just left the house to eut off dhe verbal NSE, To sy surprise Bray, Captain was there, Defame He was aleady there? Monreal No, We just ncountera at ne Sw Defense Ts tcormet tit you saw the Dry. Captain anpecachi Monreal ye seen him in surprise. Advenanal approach, Defense ‘You also alleged tht he ied your neck using a see] pipe Monreal TNot purely lied. Aff kicking my feet stuck my back, 1 Tell down, “That'sall as fas Lean real Cetense "You sad in you affidavit hut without any proweemion Wed may nee using a steel pipe and then Kicked my feet and paddled my back using the same object. Are you saving that this is not correct? Monreal tis correct. Defense ‘You said a while ago that not lified with a steel pipe Monreal Term may be confusing. | was injured because of the eel pipe Defense Just to putin the record, you were saying that not lifted your beck using a steel pipe? Monreal TL cannot exactly recall, Defense, Said awhile ayo, during the time of the attick, you were unemployed? Monreal Yes! Defense, That's all RECESS, ‘Court ‘The witness is called w the wimess stand You mentioned in your tes your sister. Whose friends! Sister's "You don't have any Mea who are those? imony that there were visitor in the house of| When I went there. They are already there. [don"t have any idea.