CRIMINAL CASE NOS.

92648-49
PP VS. PO3 JOSEPH CABANIT
TESTIMONY OF PO3 JOSEPH CABANIT
September 15, 2019
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REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION
METROPOLITAN TRIAL COURT
SAN JUAN CITY

PEOPLE OF THE PHILIPPINES CRIMINAL CASE NOS. 92648-49

-versus- -for-

JOSEPH CABANIT, UNJUST VEXATION AND GRAVE

Accused. THREATS
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TRANSCRIPT
Oof the stenographic notes taken down by Ai,
Court stenographer during the trial of the above-
Entitle case presided by Honorable Ted Ferndandez,
Presiding Judge of this sala on September 15, 2019
At 3:00 o’clock in the afternoon.

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APPEARANCES:

FISCAL AI
Public Prosecutor

ATTY. JESIMIEL
Private Prosecutor

ATTY. MARION JOSSETTE B. CALAMBA

Counsel for the Accused
CRIMINAL CASE NOS. 92648-49
PP VS. PO3 JOSEPH CABANIT
TESTIMONY OF PO3 JOSEPH CABANIT
September 15, 2019
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PROCEEDINGS

AFTER CALLLING THE CASE:

THE COURT:
Appearances please?

FISCAL AI:
For the prosecution, your Honor, I am authorizing the private prosecutor to
prosecute this case.

ATTY JESI:
Same appreances as private prosecutor under the direct control and
supervision of the public prosecutor.

ATTY MARION:
Good afternoon, your Honor. I am atty. Marion Calamba, respectfully
appearing for the accused.

THE COURT:
Initial defense, ready?

ATTY MARION:
We are ready, your Honor.

THE COURT:
Okay, call your witness.

ATTY MARION:
Mat we call to the witness stand, Mr. Joseph Cabanit.

THE COURT:
Swear to the witness stand.

COURT INTERPRETER:
Please raise your right hand. Do you swear to tell the truth, the whole truth
and nothing but the truth so help you God?

WITNESS:
Yes, mam.

COURT INTERPRETER:
Please state your name and other personal circumstances.
CRIMINAL CASE NOS. 92648-49
PP VS. PO3 JOSEPH CABANIT
TESTIMONY OF PO3 JOSEPH CABANIT
September 15, 2019
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WITNESS:
I am Joseph Cabanit, 20 years old, single and presently residing at..

ATTY MARION:
Your Honor, we have submitted the Judicial Affidavit of the accused. We
have sent the copy thereof to the adverse counsel. I will be presenting to the
witness the judicial affidavit for him to identify it and we adopt the offer
contained in the judicial affidavit.

THE COURT:
Atty. Carlos, any comment?

ATTY JESSI:
Subject to cross, your Honor.

DIRECT EXAMINATION
OF PO3 JOSEPH CABANIT
CONDUCTED BY
ATTY. MARION CALAMBA

ATTY MARION:
Good afternoon, Mr. witness. You are the same Joseph Cabanit, the
accused in this case?

WITNESS:
Yes, sir.

Q: In connection with the case filed against you contained in CRIMINAL

CASE NOS. 92648-49 for Unjust Vexation and Grave Threats, do you
remember having executed a judicial affidavit?

A: Yes, sir.

Q: And if that Judicial Affidavit will be shown to you, will you be able to
recognize it?

A: Yes, sir.

Q: I am showing to you a 4-page judicial affidavit, can you go over the same
and tell the Honorable Court the relation of that judicial affidavit to the one
you have mentioned?

A: This is the same judicial affidavit which is signed, sir.

Q: Mr. witness, at around 5-5:30 in the afternoon of July 31, 2017, where were
you?

A: I was on my way to San Juan Police Station from my rounds.

CRIMINAL CASE NOS. 92648-49
PP VS. PO3 JOSEPH CABANIT
TESTIMONY OF PO3 JOSEPH CABANIT
September 15, 2019
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Q: Who was with you?

A: I was all by myself.

Q: Do you remember of any unusual incident that transpired during that time
and date?

A: The complainant banged my vehicle last July 31, 2017.

Q: What is that incident, in particular?

A: I confronted him politely why and he said that I slightly hit his right aarm,
and to avoid further trouble I left but he continued to chase me and
provoked me to a fight.

Q: What happened next, if any?

A: I left the scene to avoid further commotion, however, it was traffic and he
caught up on me near Lactao Street, where people milled around me and
appeared ready to ganged up against me.

CROSS EXAMINATION
OF P03 JOSEPH CABANIT
CONDUCTED BY:
ATTY. JESIMIEL G. CARLOS
ATTY. CARLOS:
When you said you “confronted her politely” can you elaborate on that statement?
WITNESS:
I came down from my car, and asked her calmly what was the matter, why was she
banging my car, and she told me I hit her arm and she was hurt.
Q: After approaching the complainant, what happened next, if any?
A: She started shouting and hurling invectives against me and she was really angry but
also looked pained.
Q: What was your initial reaction when you saw her angry, if any?
A: As a policeman, it put me on guard and I wanted to calm her down, for us to settle
things amicably.
Q: What actions have you undertaken to calm her down, if any?
A: Since I was not wearing my uniform yet and I don’t have my badge with me during our
confrontation. I drew out my gun and showed it to her for her to know that I am a policeman.
Q: Mr. Cabanit can you please demonstrate to this Honourable Court how you “showed”
the gun to the complainant?
(PO3 Cabanit re-enacts how he showed the gun to the complainant during the incident.)
CRIMINAL CASE NOS. 92648-49
PP VS. PO3 JOSEPH CABANIT
TESTIMONY OF PO3 JOSEPH CABANIT
September 15, 2019
x---------------------------------------------------x
ATTY. CARLOS:
Your Hono,r we would like to request to be put on record, that the manner how the accused
exhibited the gun to the complainant is by pointing it to her.
THE COURT:
Noted.
ATTY. CARLOS:
After showing the gun to the complainant, what happened next, if any?
PO3 CABANIT:
She was shakened, but moments later she cursed at me, accusing me of being a corrupt and
abusive policeman.
Q: What was your reaction, if any?
A: I was enraged when I heard it, so I return the invectives and also shouted bad words
against her.
Q: So you were shouting invectives against the complainant and at the same time
“showing” the gun at her?
A: Yes, ma’am.
ATTY. CARLOS: No more further questions, Your Honor.