Crim Case O 33 TUMOBAG

Republic of the Philippines
MUNICIPAL TRIAL COURT IN CITIES

BRANCH 1
Dumaguete City
PEOPLE OF THE PHILIPPINES,

Plaintiffs, CRIMINAL CASE NO. O-33
- versus - FOR: ATTEMPTED

CORRUPTION OF PUBLIC
OFFICIALS (Art. 212 of RPC)
DEOGRACIAS G. TUMOBAG,
Accused.
TRANSCRIPT
Of Stenographic Notes as taken by the undersigned
during the reception of evidence for the
prosecution conducted in the above-entitled case
on May 8, 2019 at 8:30 o’clock in the morning
before the Sala of MTCC Branch 1, Hall of Justice,
Piapi, Dumaguete City, before the Presiding Judge,
the HONORABLE DINAH B. TABADA-CHU.
P R E S E N T:
SOCORRO LUZ T. ABELLA
Branch Clerk of Court
ALVI J. JUCOM
Court Interpreter
MA. SYLVIA A. BAIS

Court Stenographer
A P P E A R A N C E S:
PROS. RYAN S. BUENAVISTA

For the government
ATTY. HAZEL F. VILLEGAS

For the accused
W I T N E S S:
SPO2 AURELIO LLOREN BODO

1st Prosecution Witness
x - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x
TSN/ TRIAL/May 8, 2019
Crim. Case No. O-33
Testimony of SPO2 Aurelio Lloren Bodo
Page 2 of 16
COURT:
Next case.
COURT INTERPRETER:
(Calling the case for trial) Criminal Case No. O-33, People of the
Philippines versus Deogracias G. Tumobag, for Attempted Corruption
of Public Officials (Art. 212 of the Revised Penal Code).
Appearances?
PROS. BUENAVISTA:
Same appearance for the government, Your Honor.
ATTY. VILLEGAS:
Respectfully appearing for the accused, Your Honor.
PROS. BUENAVISTA:
May we call our first witness, Your Honor, SPO2 Aurelio L. Bodo to
the witness stand.
(Calling the witness)
INTERPRETER:
Q Please raise your right hand. Do you swear to tell the truth, the
whole truth and nothing but the truth?
A Yes.
Q Kindly sit down, Sir. Please state your name, age and other
personal circumstances.
A NAME -------- SPO2 Aurelio Lloren Bodo

AGE -------- 43 years old
CIVIL STATUS -------- Single
OCCUPATION -------- Police Officer assigned at
Provincial Highway Patrol
Team of Negros Oriental
RESIDENCE -------- 144 Kahili St., Valenzuela
City, National Capital
Region
Crim. Case No. O-33
Page 3 of 16
INTERPRETER:
Our witness, Your Honor, is SPO2 Aurelio L. Bodo, 43 years old,

single, a Police Officer assigned at Provincial Highway Patrol Team
of Negros Oriental and a resident of 144 Kahili Street, Valenzuela
City, National Capital Region. The witness is now ready, Your
Honor.
PROS. BUENAVISTA:
The purpose of the testimony of the witness is being offered to prove

that on February 28, 2019 the accused being the driver of an Isuzu
Cargo Truck and then was charged with a Temporary Operator’s
Permit for not wearing a seatbelt feloniously attempt to give one
SPO2 Aurelio L. Bodo, a member of the National Police and a
deputized agent of Land Transportation Office, the sum of ₱1,000.00
paper bill under circumstances that time would make SPO2 Aurelio L.
Bodo liable for bribery had it been consummated. He is also here to
identify his exhibits and to prove other matters relevant and material
to this case. May I proceed, Your Honor.
DIRECT EXAMINATION ON PROSECUTION WITNESS

SPO2 AURELIO L. BODO CONDUCTED BY
PROS. RYAN S. BUENAVISTA:
Q Good morning, Sir. Did you recall, Sir, having executed an Affidavit
of Complaint dated February 28, 2019?
A Yes, Sir.
Q If I show you that Affidavit of Complaint, can you identify the same?
A Yes, Sir.
Q Is this the one you mentioned, Sir?
A Yes, Sir. This is the one, Sir.
Q On page 2 of this Affidavit of Complaint there is a name SPO2

Aurelio Lloren Bodo and above this name there is a signature, whose
signature is this, Sir?
A That is my signature, Sir.

Crim. Case No. O-33
Page 4 of 16
Q Did you read and understand the contents of your Complaint, Sir?
A Yes.
Q Will you now affirm and confirm the truthfulness of your answers
stated therein?
A Yes, Sir.
Q You made mentioned also in your affidavit, Sir, certain documents.

You mentioned that you have a Deputation Order, do you have a copy
of the original of it, Sir?
A Yes, this is the original copy of the Deputation Order I am referring in

my Affidavit of Complaint.
PROS. BUENAVISTA:
Your Honor, please. We will make a comparison of the photocopy

attached to the record of the original.
COURT:
Please compare.
ATTY. VILLEGAS:
Deputation Order No. VCC-2019-010 found on page 11 of the court

record appears to be a faithful reproduction of the original.
PROS. BUENAVISTA:
We pray, Your Honor, that this Deputation Order will be marked as

our Exhibit “B”.
COURT:
Please mark.
PROS. BUENAVISTA:
Q How about the driver’s license of the accused? You said that you
confiscated it. Do you have it with you, Sir?
Crim. Case No. O-33
Page 5 of 16
A Yes, it is with me, Sir, because I borrowed it from the LTO, Sir.
Q Can you tell us, Sir, what are the records that you bring to this
Honorable Court aside from the driver’s license of the accused?
A The white paper with the name Temporary Operator’s Permit No.
182809900 I issued to Mr. Deogracias Tumobag. This is the
Temporary Operator’s Permit, Sir.
COURT:
Is that one of your Exhibits, Fiscal Buenavista?
PROS. BUENAVISTA:
Yes, Your Honor. Exhibit “F”, Your Honor.
A The other one is the LTO Official Receipt which serve as a valid
Temporary License dated April 3, 2017 under the name Deogracias
Tumobag with License No. G0283013874.
Q Can you explain, Sir, how come that he has this Official Receipt as
valid temporary license when in fact he has a plastic driver’s license?
A This plastic driver’s license is already expired. It expired on March

22, 2017. So in lieu of this plastic driver’s license, he renewed his
driver’s license and the LTO has only, up to this point, has only gave
him the LTO Official Receipt and which serves as valid temporary
license.
PROS. BUENAVISTA:
May we ask the counsel for the accused to compare these documents,
Your Honor, with the court record.
ATTY. VILLEGAS:
The plastic driver's license, Your Honor, of Tumobag, Deogracias

Gumobal found on page 12 of the court record is a faithful
reproduction of the original.
PROS. BUENAVISTA:
We pray, Your Honor, that this expired driver's license of the accused
will be marked as our Exhibit “C”.
Crim. Case No. O-33
Page 6 of 16
ATTY. VILLEGAS:
The Temporary Operator’s Permit No. 182809900 found on page 13

of the court record, Your Honor, appears to be a faithful reproduction
of the original.
COURT:
Please mark it as Exhibit “F”.
PROS. BUENAVISTA:
I pray that the Temporary Operator’s Permit No. 182809900 will be

marked as our Exhibit “F”.
ATTY. VILLEGAS:
LTO Official Receipt No. 1062526102 dated April 3, 2017 found on

page 13 of the court record appears to be a faithful reproduction of the
original.
PROS. BUENAVISTA:
We also pray, Your Honor, that the Official Receipt No. 1062526102
dated April 3, 2017 will be marked as our Exhibit “D”.
Q In your Judicial Affidavit, Sir, you also mentioned that the accused
attempted you to give a ₱1,000.00 bill. If I show you that ₱1,000.00
bill, will you able to identify the same, Sir?
A Yes, Sir.
Q I want you to go over this ₱1,000.00 bill and compare it to the

Affidavit which you executed and tell me if this is the same ₱1,000.00
bill that you mentioned in your affidavit.
A It is the same ₱1,000.00 bill with the serial number FL396123.
PROS. BUENAVISTA:
That is all for the witness, Your Honor. The witness is now ready for
cross examination.
Crim. Case No. O-33
Page 7 of 16
CROSS EXAMINATION ON PROSECUTION WITNESS

SPO2 AURELIO BODO CONDUCTED BY
ATTY. HAZEL F. VILLEGAS:
Q In your Affidavit of Complaint, you stated that at around 11:00

o’clock in the morning of February 28, 2019, you were able to flag
down one Isuzu Stake Cargo Truck, is that correct?
A Yes, Ma'am.
Q The truck is a 10-wheeler truck?
A I cannot remember, Ma'am, how many, if it is a 10-wheeler or much

bigger truck. What I can remember is a big truck.
Q So you set up a checkpoint at that time? There was a checkpoint?
A No, Ma'am. It was not a checkpoint because we were only

implementing the Land Transportation Code of the Philippines.
Q It was a random check?
A Yes, Ma'am.
Q You also stated in your Affidavit of Complaint that you are deputized
by the Land Transportation Office?
A Yes, Ma'am.
Q You were deputized to issue TOPs, is that correct?
A Yes, Ma'am.
Q During that random checkpoint, how many were you?
A The uniformed personnel, we are only two (2), Ma'am.
Q Non-uniformed?
A I think we were five (5) all in all.
Q In paragraph 4 of your Affidavit, you mentioned that on the process of

apprehension, you informed the driver of the nature of his offense and
Crim. Case No. O-33
Page 8 of 16
courteously ask for his driver's license, LTO Certificate of

Registration and Official Receipt, is that correct?
A Yes, Ma'am.
Q And then the driver presented to you the Certificate of Registration, is

that correct?
A Yes.
Q So he went down from the truck?
A No, Ma'am, did not went down from the truck.
Q So when you said that you informed him of the nature of his offense,
he was boarding his truck?
A Yes, Ma'am.
Q How far were you from him?
A I was beside the driver door.
Q Door of the truck?
A Yes, Ma'am.
Q When you first saw his truck, how far were you?
A It is close, Ma'am, I think it is only about five (5) meters when I saw
his truck.
Q And when did you notice that the driver was not wearing a seatbelt?
A At that time, Ma'am.
Q When you first saw him?
A Yes, Ma'am.
Q So from that distance of five (5) meters, you noticed that the driver
was not wearing his seatbelt?
A Yes, Ma'am.
Crim. Case No. O-33
Page 9 of 16
Q Then you also stated in your affidavit that the driver moved forward,
is that correct?
A Yes, Ma'am.
Q After you informed him of the nature of his offense, he moved

forward?
A Yes, Ma'am.
Q When this random checkpoint was done, it is the area where the Hall
of Justice is? That street there?
A It is in front of Sidlakan, Ma'am.
Q So that if his truck, which you described earlier as a big truck, would
park at that place, it would cause traffic, is that correct?
A Yes, Ma'am.
Q Then you said that you issued Temporary Operator’s Permit to other
apprehended drivers?
A Yes, Ma'am.
Q How many TOPs did you issue at that time?
A On that day, Ma'am, I cannot remember the exact figures, Ma'am, but
I can remember that at that time, after flagging him down, in my hand
I have several driver's licenses and Official Receipts coming from the
motorcycle driver I had also flagged down, Ma'am.
Q So that after issuing these TOPs, you look for the truck, is that
correct?
A Yes, Ma'am.
Q Then you met the driver of the truck, is that correct?
A Yes, Ma'am.
Q Where did you meet him?
A I met him near the Hall of Justice.

Crim. Case No. O-33
Page 10 of 16
Q Where was the truck parked?
A It was parked almost near the Food District.
COURT TO THE WITNESS:
Q Food District near Hayahay?
A Café Racer, Ma'am.
Q So that crossed already Hibbard Avenue?
A Yes, Ma'am.
ATTY. VILLEGAS TO THE WITNESS:
Q So the driver of the truck walked all the way from the Food District
area near the Hall of Justice, is that correct?
A I am not sure, Ma'am, because I did not see how he came back from
the Hall of Justice, Ma'am.
Q Where did you meet him again?
A Near the Hall of Justice, Ma'am.
Q So you met him there?
A Yes, Ma'am.
Q After he parked the truck, is that correct?
A Yes, Ma'am.
Q Then after that you went to his truck, is that correct?
A Yes, Ma'am.
Q How about the driver, where was he?
A He went back to the truck on his own, Ma'am.
Q Then you said that he pulled-out from his wallet a ₱1,000.00 bill, is
that correct?
Crim. Case No. O-33
Page 11 of 16
A Yes, Ma'am.
Q What was the color of his wallet?
A I cannot remember, Ma'am, the wallet.
Q Can you describe the wallet?
A It is an ordinary wallet that a male person is using.
Q Was he holding already the wallet when you first saw him?
A No, Ma'am.
Q So after that, you took the ₱1,000.00 bill from him, is that correct?
A Yes, Ma'am.
Q At that time you were also able to confiscate from him the driver's
license, is that correct?
A No, Ma'am, it is not. The sequence is not in that order, Ma'am.
Q When did you confiscate his driver's license?
A Before the giving of ₱1,000.00 bill.
Q So you already confiscated the driver's license before you took the
₱1,000.00 from him?
A Yes, Ma'am.
Q So he was bringing with him the driver's license?
A I asked for the driver's license, Ma'am.
Q Yes, but at that time he was bringing with him the driver's license?
A Yes, Ma'am.
Q Why did you confiscate his driver's license?
A I confiscate his driver's license because he has committed a traffic

violation, Ma'am.
Crim. Case No. O-33
Page 12 of 16
Q Is it not that if he committed a violation of the laws on transportation

and traffic regulations, you have only to issue a Temporary Operator’s
Permit?
A Yes, Ma'am.
Q But you don’t have to confiscate his driver's license?
A I have to confiscate his driver's license because that is in lieu of the

Temporary Operator’s Permit that I will issue to him, Ma'am.
Q What authority do you have?
A I am a deputized agent of the Land Transportation Office, Ma'am.
Q So that following your argument, Sir, after confiscating his driver's

license, of course, he will drive his truck, is that correct?
A Yes, Ma'am.
Q So he would again be violating a traffic and transportation laws

because he does not have with him his driver's license?
A No, Ma'am.
Q Why do you say so?
A Because the Temporary Operator’s Permit, you are allowed to drive

for 72 hours or 3 days upon the issuance of the Temporary Operator’s
Permit.
Q After the expiry of that?
A You cannot drive anymore.
Q So he could no longer drive?
A Yes, Ma'am.
Q You also stated in your Complaint-Affidavit that he showed you a

Certificate of Registration, is that correct?
A Yes, Ma'am.
Q In whose name was the Certificate of Registration?

Crim. Case No. O-33
Page 13 of 16
A I cannot remember the name in the Certificate of Registration, but the

registered name is I think attached in the complaint, Ma'am.
Q You stated in your affidavit that it is in the name of Tumobag,

Deogracias?
A If it is in my affidavit, Ma'am, yes, Ma'am.
Q Do you have the original of the Certificate of Registration?
A No, Ma'am. It is not with me.
COURT TO THE WITNESS:
Q Does it say in the affidavit that it is in the name of Tumobag?
ATTY. VILLEGAS:
Yes, Your Honor.

Nothing further, Your Honor.
PROS. BUENAVISTA:
No re-direct.
COURT:
You do not have Exhibit “E”, Fiscal Buenavista?
PROS. BUENAVISTA:
Yes, Your Honor.
CLARIFICATORY QUESTIONS FROM THE COURT:
Q When he pulled-out the ₱1,000.00 bill, as you earlier testified, you

were facing each other?
A Yes, Ma'am.
Q And that transpired in front of Food District?
A Yes, Ma'am.
Crim. Case No. O-33
Page 14 of 16
Q So he did not get inside his vehicle?
A Yes, Ma'am. He did not, Ma'am.
Q Who arrived first in that area after you met him near the Hall of
Justice? You said you went there and he went there on his own. So
who arrived first?
A He arrived first at the area where his truck was parked, Your Honor.
Q You followed?
A Yes, Your Honor.
Q And he was there waiting for you?
A Yes, Your Honor.
Q That was near his vehicle?
A Yes, Your Honor.
Q Did you notice that he had a companion in his vehicle?
A Yes, Your Honor.
Q Where was this companion all throughout the alleged bribery

incident?
A As far as I can remember, Your Honor, he was near the two of us.
Q So who else was near the two of you?
A No other person, Your Honor.
COURT:
Thank you for your time, Sir. You are discharged.
WITNESS:
Thank you, Your Honor.
PROS. BUENAVISTA:
Crim. Case No. O-33
Page 15 of 16
I will just make a Judicial Affidavit. Can we ask for a subpoena to

PO3 Jerome T. Nochefranca, Jr. Your Honor.
COURT:
What office?
PROS. BUENAVISTA:
Same office, Your Honor.
COURT:
ORDER
In today’s scheduled trial, public prosecutor Ryan S.

Buenavista appeared for the government and Atty. Hazel F. Villegas
appeared as counsel for the accused. Complaining officer, SPO2
Aurelio L. Bodo, and accused Deogracias G. Tumobag are both
present in court.
The prosecution presented today complaining officer SPO2

Aurelio Lloren Bodo as its first witness and his direct testimony was
in the form of an Affidavit of Complaint dated February 28, 2019
consisting of three (3) pages, the original of which are found on pages
8-10 of the records previously marked as prosecution’s Exhibit “A”.
SPO2 Bodo also identified the following documents:
 EXHIBIT “B”, Deputation Order No. VCC 2019-010 dated

January 11, 2019, the original of which was presented today
and the machine copy has been duly marked as Exhibit “B”;
 EXHIBIT “C”, Driver’s License of accused Tumobag,

Deogracias Gumobal, the original of which had been presented
today and the faithful reproduction has been duly marked as
Exhibit “C”;
 EXHIBIT “D”, LTO Official Receipt No. 1062526102 dated

April 3, 2017 in the name of Tumobag, Deogracias G., the
original of which was presented today and the faithful
reproduction thereof duly marked as Exhibit “D”;
Crim. Case No. O-33
Page 16 of 16
 EXHIBIT “F”, Temporary Operator’s Permit No. 182809900

dated February 28, 2019, the original of which was presented
and the faithful reproduction thereof duly marked as Exhibit
“F”;
 EXHIBIT “G”, One Thousand Peso Bill with Serial Number

FL396123, the original of which had been previously marked
during the pre-trial as Exhibit “G”.
After the cross examination of SPO2 Bodo was conducted, his

testimony was duly terminated. As previously scheduled, the next
trial date will be on May 15, 2019 at 8:30 in the morning. As
prayed for by the prosecution, issue a Subpoena Ad Testificandum to
PO3 Jerome T. Nochefranca, Jr. of the Highway Patrol Team of
Negros Oriental. Counsels and parties who are all present today are
already notified of the foregoing order and date in open Court.
SO ORDERED.
Dumaguete City, Philippines, May 8, 2019.
(Sgd)DINAH B. TABADA-CHU
Presiding Judge
SESSION ADJOURNED at 10:30 A.M.
x–x–x–x–x–x–x–x–x–x–x–x–x–x–x–x–x–x–x–x–x
CERTIFICATION
This is to certify that the foregoing transcripts of stenographic

notes of the proceedings were taken by me to the best of my
knowledge, ability, belief and hearing.
MA. SYLVIA A. BAIS

Court Stenographer

Crim Case O 33 TUMOBAG

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Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

PEOPLE OF THE PHILIPPINES,

- versus - FOR: ATTEMPTED

MA. SYLVIA A. BAIS

PROS. RYAN S. BUENAVISTA

ATTY. HAZEL F. VILLEGAS

SPO2 AURELIO LLOREN BODO

Same appearance for the government, Your Honor.

Respectfully appearing for the accused, Your Honor.

(Calling the witness)

A NAME -------- SPO2 Aurelio Lloren Bodo

Our witness, Your Honor, is SPO2 Aurelio L. Bodo, 43 years old,

The purpose of the testimony of the witness is being offered to prove

DIRECT EXAMINATION ON PROSECUTION WITNESS

Q Is this the one you mentioned, Sir?

A Yes, Sir. This is the one, Sir.

Q On page 2 of this Affidavit of Complaint there is a name SPO2

A That is my signature, Sir.

Q You made mentioned also in your affidavit, Sir, certain documents.

A Yes, this is the original copy of the Deputation Order I am referring in

Your Honor, please. We will make a comparison of the photocopy

Deputation Order No. VCC-2019-010 found on page 11 of the court

We pray, Your Honor, that this Deputation Order will be marked as

Is that one of your Exhibits, Fiscal Buenavista?

Yes, Your Honor. Exhibit “F”, Your Honor.

A This plastic driver’s license is already expired. It expired on March

The plastic driver's license, Your Honor, of Tumobag, Deogracias

The Temporary Operator’s Permit No. 182809900 found on page 13

Please mark it as Exhibit “F”.

I pray that the Temporary Operator’s Permit No. 182809900 will be

LTO Official Receipt No. 1062526102 dated April 3, 2017 found on

Q I want you to go over this ₱1,000.00 bill and compare it to the

A It is the same ₱1,000.00 bill with the serial number FL396123.

CROSS EXAMINATION ON PROSECUTION WITNESS

Q In your Affidavit of Complaint, you stated that at around 11:00

Q The truck is a 10-wheeler truck?

A I cannot remember, Ma'am, how many, if it is a 10-wheeler or much

Q So you set up a checkpoint at that time? There was a checkpoint?

A No, Ma'am. It was not a checkpoint because we were only

Q It was a random check?

Q You were deputized to issue TOPs, is that correct?

Q During that random checkpoint, how many were you?

A The uniformed personnel, we are only two (2), Ma'am.

A I think we were five (5) all in all.

Q In paragraph 4 of your Affidavit, you mentioned that on the process of

courteously ask for his driver's license, LTO Certificate of

Q And then the driver presented to you the Certificate of Registration, is

Q So he went down from the truck?

A No, Ma'am, did not went down from the truck.

Q How far were you from him?

A I was beside the driver door.

Q Door of the truck?

A At that time, Ma'am.

Q When you first saw him?

Q After you informed him of the nature of his offense, he moved

A It is in front of Sidlakan, Ma'am.

Q How many TOPs did you issue at that time?

Q Then you met the driver of the truck, is that correct?

Q Where did you meet him?

A I met him near the Hall of Justice.

Q Where was the truck parked?

A It was parked almost near the Food District.