Q What about the Tag Hee? A Php32,000.00, Q After puting your items on the dashboard, what did you do next? A Lwent to the faucet to get the water hose. Q How far was this faucet from the car? A From hereto that door (ofthe courtroom). court: Eight to Ten meters, Fiscal FERRER, JR ‘You went to get the hose? Yes, sir. After getting the hose, what did you do next? went back to my car. How long did it take you to go and get the hose and back to your More than one minute. ‘When you went to your ear with the hose, what did you notice if any? 1 saw our driver inside the car. ‘What was he doing inside the ear? He was cleaning inside my car. ‘When you saw him inside your car, what was your reaction, if any? asked him “why are you here when today is your day off?" He said, I will clean the car. After that, what did you tell him if any? He said he is going to clean the ear. You did not say anything to him: 1 told him to prepare himself because today is his day off and he ‘was still cleaning the car. You said that he proceeded to clean your car. While cleaning your car, what transpired next? A Tremember that my cellphone and my watch was inside my car and when I looked for my cellphone, it was no longer there and, my driver, Ryan was no longer inside our ear. Q After you discovered that your watch and your cellphone was no longer inside your car, what did you do next? Looked forRyanto confront him. Where did you look for him? POP > OPO> OF C>O>O © oeA Q A Page S 1 saw him outside his room, How far was the car to his room? is room is mear the faucet, maybe from here and outside of the door of the court room. Fiscal FERRER, JR.: Q A POPO POO > © 2O> © PO o> o> 0 > Nine to eleven meters. ‘When you said that you confronted him, what did you tell him? asked him my cellphone and my watch, sir but he told me that he did not see it. But I told him, how come he did not sce my cellphone when he was the only one cleaning my ear. ‘And what was his reply? He told me that he did not see my cellphone and watch inside he car and he told me he has nothing to do with it. I insisted that he ‘get my items because he was the only one inside my car. And then after that, Mr. witness, after that confrontation, where did you proceed next? My brother came out and asked why are we arguing. ‘And what did you tell to your brother told him that my cellphone and my watch were missing and it ‘was onlyRyan whom I saw inside my ear. ‘And then, after that, after you uttered those words to your brother, what did you do next? He said we will double check it inside the car. So we double check it, What did you find out inside the car if any? I did not find the items, sir. ‘When you were not able to find your items, what did you do next? We went back at the outside of the room of Ryan but he was nowhere to be found. ‘What was your intention in going back to the room of Ryan? To question him about the missing items. When you did not see Rvan, what did you do next? T asked Susan and our boy if where is Ryan but they told me ‘maybe he went home already because it is his day off. After asking this question from those people, where did you proceed next? ‘We proceeded to my mother to tell her what transpired. ‘And when you relayed the incident to your mother, what happened next? My mother calledRyanseveral times but Noel never answered. You said that February 2 was supposed to be the day off of Ryan Gumtang, when was he to return for work? On February 4 early morning, about Friday.> Crore >e O> C>O> © > © > CrO>0 Pore po Pages ‘What was he supposed to do at that time and date, Mr. witness? ‘To drive us to Manila be cause my mother has a hearing in Manila. Did he report for work on that day and time, Mr. witness? No, sir. So when he did not report what transpired next? Trove my mom to Manila myself. witness, do you know if the accused reported for work on February 4? {called Joy and she told us that Ryan came back after we left for Manila. According to her Ryan sold some craft metal and “bute®, diaryo to Magbabakal” and had some amount of money. how long did you stay in Manila? We went back here in La Union in February 6. ‘So you stayed there for how many days, two days? Yes, sir. ‘And when you arrived in your house, here in San Fernando Cit La Union, what did you find out regarding Ryan Dolores? We found out that Rvan Dolores. went back to our house when we left for Manila. Yes, yes, you mentioned that awhile ago. After you received that information about the accused? What did you find out? We found out when we checked the room of Rvan was already ‘clean and the things in his room were no longer there. You said that his things were no longer in his room. What are these things that you are referring to? ‘The compressor, water pump and generator. ‘What about his personal belongings? His personal belongings were also no longer there. Mr. witness, you mentioned about this compressor, generator and ‘water pump. Who were in custody of these items? He was the custodian of these things, sir. ‘When you saw that his belongings and these items were no longer inside his room, what did you do next? ‘According to Joy, he took the generator from the second floor of the restaurant. ‘So we checked the second floor. ‘And when you checked this place, what did you find out? ‘We only found some of his clothes. ‘What about the air compressor, generator and water pump? We tried to tried to search all over the place but we did not find Me. witness, why is it that you have a compressor in your house? Because I have a car repaint shop in Manila. When our Van here in La Union was bumped due to an accident, | hired a painter andOFO> > >O>O » O> CFO » © POXOPOr>OrO>O > © Page? he told me that I just pay his labor. So I got my Compressor in Manila and brought it here in La Unio What about the Generator? Why do you have a Generator in your house? Our business is hotel, sir, so we need a generator. We use that Generator when there is brown out, sir, for emergency. ‘What about the Water Pump? We use it to drain the swimming pool, sic. Where is this swimming pool located? Inside the Naps Resort. How much is the value of the Air Compressor? Php12,000.00, sir. How about the Generator? Php15,000.00. ‘And the Water Pump? Php10,000.00. ‘When was the last time you saw your Air Compressor? About four days before Noe! left because one of the tire of the car was flat so I need a Compressor. What about the Water Pump, when was the last time you saw this? ‘The same, about two or three days because we use it to drain the pool. ‘What about the Generator? About one month because it's seldom that we had a brown out. ‘After February 4, when was the next time that you saw Ryan Dolores? Here in court during his arraignment. Now Mr. witness, how did this unlawful act of taking your watch and Nokia affect you? | lost trust in people whom I transact with and 1 became serious because I lost trust in people. Mr. witness, what business are you engage in if any? Tam more engage in buy and sell. How did this incident affect your business, if any? Whenever I have a transaction with any buyer, I tend to be suspicious with them. How much do you ask this Court for damages of this unlawful act be the accused? Less than PhpS0,000.00, sir. In connection with this case, do you recall executing an affidavit? Yes, sit. If that affidavit will be shown to you, will be able to identify it?Pages Yes, sir. am showing to you page 6 of the record, will you go over this and tell this Court what is this document? This is my sworn affidavit and this is my signature, sir. ‘This is a photocopy, do you have an original copy of this affidavit? Yes, sir. >O> Or Fiscal FERRER, JR.: Your Honor, page 25 and 26 of the record is the origin marked Exhibit “4”, Ifyou see the accused again, will you be able to identify him? Yes, sir. Is he inside the court room? No, sir. Ifyou see a pieture will you be able to identify him? Yes, sir. am showing to you a picture, will you please go over this and tell this Court what are these pictures? ‘These are the pictures of Ryan Dolores, copy > OrO>Ore No further questions, Your Honor. courT: Cross, Atty. DELOS SANTOS May I proceed, Your Honor. COURT: Proceed. Atty. DELOS SANTOS: Mr. witness, you claimed that the accused is your family driver, correct? Yes, ma’am. But you were not the one who personally employed the accused as your family driver, correct? Yes. You were not even present when the accused was employed as your family driver, correct? Twas present, [was the one who introduced him as our family driver. So you mean to say that you were the one who actually employed the accused as your family driver? o> 6220p. ©Page 9 A It was my mother who employed him, but I was the one who was tasked to look for a driver and I was the one who found him. Q So your participation is only with respect to introduction of the accused to your mother, not the actual employment of the accused as your family driver, correct? A Yes, ma'am, Q You mentioned that on February 2, 2014, you left your wrist watch and I/phone inside your car, correct? A Yes, ma'am, Q And you also mentioned that after that you left to get the water hose about ten (10) meters away from the place where you were watching your ear, correct? ‘A Yes, ma'am about eight (8) to ten (10). Q You also mentioned that it took less than a minute to get back to ‘your car, correct? A Yes, ma'am. Q Is the place where your car was parked during that time has only ‘one exit and entrance, Mr. witness? A Yes, ma’am. Q But om your way back you were not able to see the accused going inside the place where you were watching your car, correct? A Come again, ma’am. Q When you get back after getting the water hose, you naturally get inside through that one entrance and exit? Fiscal FERRER, JR.: ‘The question is misleading, Your Honor. the question has in fact that there is an obstruction between the place where the hose was taken and the case, Your Honor. court: Then we'll ask the witness. Q Is there any obstruction between the place where the car was parked and the place where you get the water hose? A [will just illustrate. Q The question is was there an obstruction between the place where the car was parked and the place where you get the water hose? A. None, ma’am, Atty, DELOS SANTOS: Q So the place where you get the water hose and where you were watching your car, is it a closed area’ A No Q — Sovit’s an open area?Page 10 A. Yes, ma'am. Its part of the house. Q Parking space of the house? A’ Yes, ma’am parking space of Naps Hotel Resort, of the compound. Q _ Soany person could just get near your car considering that it’s an open area, correct? A (no answer yet.) CouRT: Q Any person could get near your car considering that the area where your car was parked was an open area of the compound? A Yes, ma’am, Atty. DELOS SANTOS: Q Aside from the accused whom you are claiming to be your river, you have your other employees in your family on February 2, 20142 A Yes, Joy and Macky. Q So these persons were inside your compound during that time, Mr. witness, correct? A Yes, ma’am they were cleaning rooms. Q So you will agree with me, Mr. witness, that this Susan, your other ‘employee, could also get near your car on February 2, 2014 while you were getting your water hose, correct, Mr. witness? A Yes, ma’am. Q And also this other person Macky could also get near your car while you were getting the water hose? can see them if they drop in my ear because it's an open area, So when I get the hose, surely I notice them or any person who will 0 inside my car, I can notice them. Q But you were not able to notice when the accused went near your can, correct, Mr. witness? You only noticed him when he was inside your car cleaning the interior part of your car? A Sowhen you saw the accused cleaning the inside of your car, what did you say to him, Mr. witness? A. was surprised because it was his day off, Q Andis it not Mr, witness, as a family driver, one of his duties is to wash your car, correct? A Yes, ma'am. Q And also, Mr. witness you mentioned that you went to confront and question the accused regarding the missing items, he was no longer in his room, correct, Mr. witness? A The second time that I went to his room, ma'am,Paget Q And because on February 2, 2014, this was the day off of the accused, correct? A Yes, ma'am, Q You also mentioned, Mr. witness that your wrist watch cost Php32,000.00, What proof could you show that indeed your wrist watch is worth that amount? A Lthink you can see the amount in the internet. 2 But you have no receipt with you regarding the amount of this wrist wateh, correct A. Yes, ma’am because it was given to me. Q How about the Uphone, you are claiming that it cost Php26,000.00. What is your proof that your iphone is actually worth Php26,000,00 When bought this, the amount is Php26,000.00. I'll try to locate ‘this receipt but Tam not sure if I can locate it. Q How about the Air Compressor. You are claiming it is worth Php12,000.00. Do you have a receipt with you that the item is ‘worth Php 12,000,007 A Itwas already about eight years, ma'am. Q How about your generator, do you also have a receipt with you to show that this item as well as the water pump are worth Php15,000.00 and Php10,000.00, respectively, correct Mr. witmess? A Correct. We have no further questions, Your Honor. COURT: Re-direct. Fiscal FERRER, JR.: > O> Orore Mr. witness, you said that your Tag Huer was given to yo! Yes, ‘Who gave that to you? Tt was given to me by my uncle from Canada. Mr, witness, is it your practice not to get receipt of the items given to you? No, sir Mr. witness, when you purchase items, do you anticipate this items be stolen so that you have to keep a receipt? No, Nothing further, Your Honor, COURT: Cross.Atty. DELOS SANTO! Page 12 Yes, Your Honor. . Is it aot that as a businessman you have to keep a receipt to see Q the guarantee of the items that you buy? A Ma'am because we have a house in manila and in Baguio and here in San Fernando so I must have misplaced it. With respect to my cellphone, I kept it but I think f can not find it any more. Nothing further Your Honor. COURT: ‘Order ~ (In the records of this case). -000- HEREBY CERTIFY the correctness of the foregoing transcript. Done this 9" day of March 2015 in San Fernando City, L. U. HANNAH MONTANA 0. GUINGONA Court Stenographer