Judge:
Let’s proceed to the Prosecution’s
examination of witnesses and
presentation of evidence.
Prosecutor:
Your Honor, for our first witness, may
we call on to the witness stand, SP03
ANDRES MELAD.
Clerk of Court:
Mr. Melad, kindly raise your right hand.
Do you swear to tell the truth and
nothing but the truth before this
Honorable Court?
Witness:
Yes, I do.
Clerk of Court:
Please state your name and other
personal circumstances.
Witness:
I am ANDRES MELAD, of legal age,
Filipino and residing in Tuguegarao City,
Cagayan
Clerk of Court:
The witness is ready, Your Honor.
Prosecutor:
With the kind permission of the
Honorable Court, the testimony of the
witness is being offered for the purpose
of proving the transaction and the sale
of sexual favors between accused and
poseur-customer and other
circumstances relating to Entrapment
Operation
Prosecutor:
Ms. Witness, do you recall executing a
document in relation to your testimony
today?
Yes, Atty.
What document did you execute?
It’s a judicial affidavit, Atty.
Now, I’m showing to you a judicial
affidavit consisting of five pages. Please
go over this document and confirm
before this Honorable Court if this is the
same judicial affidavit that you are
referring to?
Witness:
Yes, Atty.
In the lower portion of page 4 of this
judicial affidavit, there appears the name
ANDRES MELAD with signature above
it, whose name and signature is this?
Witness:
It’s my name and signature Atty.
Prosecutor:
Ms. Witness, do you confirm and attest
that the contents of your judicial affidavit
are true and correct based on your
personal knowledge and perception?
Witness:
Yes, Atty.
Prosecutor:
Your Honor, the witness positively
identified and confirmed her judicial
affidavit consisting of five pages
including Annex A and B attached to it.
May we respectfully move, Your Honor,
to adopt the judicial affidavit of the
witness to constitute and serve as her
direct testimony and will form part as
evidence for the prosecution.
The witness is ready for cross-
examination, Your Honor.
Judge:
Any comment / objection to the proffer,
defense counsel?
Defense Counsel: PROFFER
We object to the proffer. Moreover, we
reserve our right to cross-examine the
witness, Your Honor.
Judge:
Let’s proceed to cross-examination from
the defense.
Defense Counsel:
May we proceed, Your Honor.
CROSS-EXAMINATION OF MELAD
Q: Good morning, Mr. Witness, you
attested in your Direct Examination that
you are one of the officers who arrested
the accused in this case, is that correct?
A: Yes
Q: And you mentioned that you were
one of the poseur customers, right?
A: Yes
Q: And you were also the one who
prepared for the Complaint Affidavit
against the accused, correct?
A: Yes
Q: Can you tell to this Honorable Court,
the date and time of your operation on
the night of March 2020?
A: About 12:00mn to 1:00am
Q: And what time did you enter the
Moonlight Bar, Mr. Witness?
A:
Q: (Follow-up)
Q: When you entered the bar, you did
not see any prostitute, right?
A: Yes
Q: And you saw the accused inside,
right?
A: Yes
Q: When you first saw the accused, she
was not with a prostitute, is that correct?
A: Yes
Q: Did you see her offer women to the
other customers?
A: No
Q: You ordered 3 buckets of beer, 1
sisig, and 1 nachos, right?
A: Yes
Q: And you alleged in your direct
examination that after about an hour,
Grace offered you ladies while you were
enjoying said meal, is that correct?
A: Yes
Q: Before she allegedly offered the
ladies to you, she was serving food,
right?
A: Yes
Q: So you are saying in your Affidavit,
that it took an hour before she offered
you women, right?
A:
Q: (Follow-up)
Q: Did you see her offer ladies to the
other customers too?
A: No
Q: So you are telling this Honorable
Court that she only gave an offer to the
both of you, right?
A: Yes
Q: According to your Direct
Examination, when she allegedly offered
ladies to you, the ladies were not yet
with her, is that correct?
A: Yes
Q: And you mentioned in your Affidavit
that “There was a room located at the
back of the bar where the ladies stay
whenever they are not entertaining
guests.” right?
A:
Q: Were you able to personally inspect
that room?
A:
Q: Were you able to look inside?
A: No
Q: (Follow-up)
Q: You mentioned in your JA that “prior
to the entrapment operation, PO1
Bonifacio and you conducted multiple
surveillance operations around the area
of Macapagal Avenue spanning about a
month and a half and found out that
men frequent Moonlight Bar not for its
drinks but for its prostitutes.” Is that
correct?
A:Yes.
Q: You mentioned that 5 police officers
were involved in this operation, is that
correct?
A: Yes.
Q: How long does it usually take your
team to plan for this kind of operation?
A:
Q: So you planned for it carefully, right?
A:
Q: And you were equipped with all the
device and tools that would help your
operation be successful, right?
A:
Q: Were you able to record audio, or
take videos or pictures of the transaction
between you and Grace?
A:
Q: Were you able to take a picture or
video of the marked money when you
handed it to Grace?
A:
Q: Were you able to take pictures of the
alleged room where the prostitutes
stay?
Q: Would you agree that taking pictures,
capturing videos, or recording audio,
should have been very easy even with
the use of a single phone?
A:
Q: You mentioned that in your multiple
survellance that lasted for a month or
so, that men frequent Moonlight Bar not
for its drinks but for its prostitutes,
correct?
A: Yes
Q: When you first entered the bar, you
did not see prostitutes, correct?
A: Yes
Q: But you were able to see drinks,
correct?
A:
2.
Q: So, on the night of March 5, 2020,
you were at the Moonlight Bar, right?
A: Yes.
Q: And you were with?
A: Bonifacio
Q: You ordered Sisig and Nachos, is
that right?
A: Yes
Q: And you also ordered 18 bottles of
Red Horse extra strong beer, is that
correct?
A: Yes
Q: And you ordered a total of 1,374.00
Php, is that correct?
A: Yes
Q: Is it correct that you paid for that
order of food and drinks?
A:
Q: (Follow-up)
Q: You alleged that while you were
drinking beer, Grace offered you girls,
right?
A:
(Prosec version: the police officers
would barge in the bar and make
arrests, they went to have a drink and
some food in the bar and thereafter
Grace offered them minor women.)
Q: So after Grace had allegedly provide
you the ladies, the ladies joined you to
drink, right?
A: Yes.
(Prosec Version: While drinking with 2
minor ladies Melad sent a text message
to the other police officers outside
describing Grace as the person
responsible for giving the girls to them.)
Q: When you saw the girls, they looked
old enough to drink, right?
A:
Q: Did you know that they were actually
minors?
A:
Q: Do you think that a memory of an
intoxicated person is worse than that of
a sober person?
A:
Q: Do you think that a drunk person’s
memory would most probably be
unreliable?
A:
Q: You mentioned about a room where
the girls came from, right?
A: Yes.
Q: Can you tell the Honorable Court
where was that room located again?
A: At the back of Moonlight Bar.
Q: Do you remember that the CR of
Moonlight bar is the only room located
at the back of the bar?
A:
No further questions, your honor.
RE-DIRECT EXAMINATION OF
WITNESS
RE-CROSS-EXAMINATION OF
WITNESS
Judge: Ms. Witness, you may go down
now. You are excused.
Fiscal, call your second witness.
Prosecutor:
Your Honor, for our second witness,
may we call on to the witness stand,
SP03 ELLEN GONZALES.
Clerk of Court:
Ms. Gonzales, kindly raise your right
hand. Do you swear to tell the truth and
nothing but the truth before this
Honorable Court?
Witness:
Yes, I do.
Clerk of Court:
Please state your name and other
personal circumstances.
Witness:
I am ELLEN GONZALES, of legal age,
Filipino and residing in Tuguegarao City,
Cagayan
Clerk of Court:
The witness is ready, Your Honor.
Prosecutor:
With the kind permission of the
Honorable Court, the testimony of the
witness is being offered for the purpose
of proving that an arrest was made
during the entrapment operation, that
proper measures are followed during the
course of arrest as well as the other
circumstances relating to the arrest of
the accused.
Prosecutor:
Ms. Witness, do you recall executing a
document in relation to your testimony
today?
Yes, Atty.
What document did you execute?
It’s a judicial affidavit, Atty.
Now, I’m showing to you a judicial
affidavit consisting of 5 pages. Please
go over this document and confirm
before this Honorable Court if this is the
same judicial affidavit that you are
referring to?
Witness:
Yes, Atty.
In the lower of page 4 of this judicial
affidavit, there appears the name
ELLEN GONZALES with signature
above it, whose name and signature is
this?
Witness:
It’s my name and signature Atty.
Prosecutor:
Ms. Witness, do you confirm and attest
that the contents of your judicial affidavit
are true and correct based on your
personal knowledge and perception?
Witness:
Yes, Atty.
Prosecutor:
Your Honor, the witness positively
identified and confirmed her judicial
affidavit consisting of six pages
including Annex D, E, F-1, F-2, F-3, G
and H attached to it. May we
respectfully move, Your Honor, to adopt
the judicial affidavit of the witness to
constitute and serve as her direct
testimony and will form part as evidence
for the prosecution.
The witness is ready for cross-
examination, Your Honor.
Judge:
Any comment / objection to the proffer,
defense counsel?
Defense Counsel: PROFFER
We object to the proffer. Moreover, we
reserve our right to cross-examine the
witness, Your Honor.
Judge: Let’s proceed to cross-
examination from the defense.
CROSS EXAMINATION OF
GONZALES
C: Ms. Gonzales, would you agree with
me if I say that you executed a judicial
affidavit relating to the entrapment
operation in Moonlight Bar?
A: yes, atty.
C: The date was on March 5, 2020, do
you agree?
A: yes, atty.
C: In the judicial affidavit I am relating
to, you said that you were the arresting
officer, is that true?
A: yes, atty.
C: So, prior the arrest, have you already
had a knowledge on a certain Grace
Tendenilla?
A: Yes, atty.
C: In the surveillance conducted prior
the arrest, were you sure that Grace
was the owner of the bar and offers
prostitution?
A: yes, atty.
C: On the night of the arrest, were you
aware of what was happening inside the
bar?
A: yes, atty.
C: Were you aware that the police
officers who posed as customers
ordered liquors and foods?
A: yes, atty.
C: Would you agree with me in saying
that Grace took their orders that night?
A: yes, atty.
C: Were all the police officers inside the
bar are men?
A: yes, atty.
C: On that night there were also other
customers, do you agree?
A: yes, atty.
C: And therefore there are witnesses,
Am I correct?
A: yes, atty.
C: On that night, did you see Grace get
out from Moonlight and went to another
bar?
A: no, atty.
C: Would you agree with me if I say that
in your affidavit, the 1,500 marked
money is for the girls and not for the
drinks and foods?
A: yes, atty.
C: After SPO3 Melad handed the
marked money to Grace, how many
minutes passed after you received the
call?
A: around 5-10 minutes, atty.
C: When the marked money was
handed to Grace, were the girls already
with her?
A: yes, atty. Right after the money was
handed to Grace, the girls joined the
poseur-customers.
C: When you mobilized to arrest the
respondent, were there other women
inside the bar aside from Grace and the
two girls?
A: Yes, atty.
C: You said that there were DSWD
Representatives outside, did they also
barge in along with you?
A: No. They waited outside until the
arrest was done and Grace and the girls
were brought outside.
C: You said you followed the proper
procedure, how did you do it?
A: Before the arrest was made, the
decoy officers also known as poseur-
customers went inside the bar to order
drinks and foods after which the
accused offered them the girls and
that’s when SPO3 Melad sent me a text
message. We were just stationed
outside the bar waiting for the go signal
of SPO3 Melad. After a few minutes,
when the girls already joined them that’s
the time Officer Melad made a miss call
as a signal for us to enter inside and
arrest the accused.
C: What about the two girls, what
happened to them?
A: the girls were brought to DSWD for
custody.
C: And that concluded the arrest?
A: Yes, atty.
C:
No further questions, Your Honor.
RE-DIRECT EXAMINATION OF
WITNESS
RE-CROSS-EXAMINATION OF
WITNESS
Judge:
Ms. Witness, you may go down now.
You are excused.
Fiscal, call your second/third witness.
Prosecutor:
Your Honor, for our third witness, may
we call on to the witness stand,
JOCELYN AZUCENA.
Clerk of Court:
Ms. Azucena, kindly raise your right
hand. Do you swear to tell the truth and
nothing but the truth before this
Honorable Court?
Witness:
Yes, I do.
Clerk of Court:
Please state your name and other
personal circumstances.
Witness:
I am JOCELYN AZUCENA, 17 years
old, Filipino and residing in Ballesteros,
Cagayan
Clerk of Court: The witness is ready,
Your Honor.
Prosecutor:
With the kind permission of the
Honorable Court, the testimony of the
witness is being offered for the purpose
of proving the relationship between
them and the accused.
Prosecutor:
Ms. Witness, do you recall executing a
document in relation to your testimony
today?
Yes, Atty.
What document did you execute?
It’s a judicial affidavit, Atty.
Now, I’m showing to you a judicial
affidavit consisting of six pages. Please
go over this document and confirm
before this Honorable Court if this is the
same judicial affidavit that you are
referring to?
Witness:
Yes, Atty.
In the middle portion of page 5 of this
judicial affidavit, there appears the name
ANDRES MELAD with signature above
it, whose name and signature is this?
Witness:
I work for her.
Defense:
You said that you were working for
Grace, do you have anything to prove
that aside from your testimony?
Witness:
No, I don’t. We’re doing something
illegal. We don’t have contracts.

Witness: Defense: (OBJECTION:ARGU)

It’s my name and signature Atty.
Prosecutor:
Ms. Witness, do you confirm and attest
that the contents of your judicial affidavit
are true and correct based on your
personal knowledge and perception?
Witness:
Yes, Atty.
Let’s assume that you are really working
for Grace, what are your arrangements?
Witness:
That I entertain her customers and we
get to split the payment.
Defense:
How much did she pay you for your
services?

Prosecutor: Witness:
Your Honor, the witness positively I get half of whatever is paid to her.
identified and confirmed her judicial
affidavit consisting of 6 pages including
Annex J attached to it. May we Defense:
respectfully move, Your Honor, to adopt Did you work to any other bars around
the judicial affidavit of the witness to Macapagal Avenue?
constitute and serve as her direct
testimony and will form part as evidence
for the prosecution. Witness:
No I did not. The only time I’ve been in
Tuguegarao was when Ms. Grace
The witness is ready for cross-
recruited me.
examination, Your Honor.

Defense:
Judge:PROFFER
Have you been working to anyone prior
Any comment / objection to the proffer,
to working for Grace?
defense counsel?

Witness:
Defense Counsel:
Yes, I’ve worked for a lot.
We object to the proffer. Moreover, we
reserve our right to cross-examine the
witness, Your Honor. Defense:
To whom and what kind of work were
CROSS-EXAMINATION OF AZUCENA you doing?

Defense: Witness:
Miss Witness, how did you know Grace?
The people in my town back home At that night of March 05,2020, what
mostly. Mostly housekeeping jobs. time did you arrive at the Moonlight Bar?

Defense: Witness:
You said in your JA Ms. Witness that Around 5-6 pm.
you will work for anything just to earn
money, have you been engaging in any
Defense:
work like this before?
Contrary to your Answer in Question
Number 11 that you serve food on the
tables when you don’t need to entertain
Witness: customers, why are you not serving food
No I did not. My parents would disown at that time?
me if they found out I’m doing this here.
Witness:
Defense: (OBJECTION-OPIN) Ms. Grace told us to prepare for the
Regardless if you are working for Grace, customer. I was doing that.
you will still engage in that activity, Defense:
right? If you really are working for Grace,
where were you when there are other
Witness: customers?
I would do any job just to help my family.
Witness:
Defense: I was at the back. We only have two
tables occupied. Ms. Grace and Benj
Would you agree with me that Grace handled that on their own.
only allowed you accompany customers,
and it will depend on your agreement
with the customer if you engage in any Defense:
sexual activities? In your JA, you were happy when two
men arrived and you described them as
Defense: someone who would spend money,
what made you say that?
No I wouldn’t. I’m just supposed to do
my job. Ms. Grace tells me who I do it
with. Witness:
Nice shoes. Also they’re in polo shirts
Defense: and jeans.
Every time that you are entertaining
costumers, are you required to engage Defense:
in sexual activities? Have you met these men prior to
meeting them in the bar that night?
Witness:
Not every time but most nights, yes. Witness:
No I haven’t.
Defense:
What time do you usually attend to your Defense:
work in the Moonlight Bar? Are you aware that what you were doing
is illegal?
Witness:
I’m here from opening until it closes. Witness:
Yes, I am.
Defense:
Defense:
So you are aware that that is illegal. In that span of time, are there any
Were you not afraid to entertain new sexual contact between you and the
customers because they might pose as customers?
poseur costumers?
Witness:
Witness: Of course there is none. We couldn’t do
I don’t approach new customers. Ms. that in the bar itself.
Grace does that for me.
Defense:
Defense: Are you telling this Honorable Court that
You have seen Andres Melad and Jose you were never caught in the act by the
Bonifacio arrived, right Ms. Witness? police officers engaging in any sexual
activities and all that you did in that span
of time is to accompany the customers
Witness: while eating and drinking?
Yes I did. (OBJECTION-INCOMPETENT-
ARGUMENTATIVE)
Defense:
Have you seen them ordered food and Witness:
drinks? I don’t know how to answer that.

No further questions, your honor.

Witness:
Yes, I did. THAT WOULD BE ALL FOR OUR
WITNESSES, YOUR HONOR.
Defense:
Have you seen them paid for their food RE-DIRECT EXAMINATION OF
and drinks? WITNESS

Witness: RE-CROSS-EXAMINATION OF
No, I did not. WITNESS

Defense: -AFTER ALL EXAMINATION

Were you in the table with Melad and
Jose when you saw them paid for their
food and drinks?
Witness:
I saw them pay. I’m not sure if it’s for the
food.
WITNESSES-
Judge:
Proceed to the formal offer of
documentary and/or object evidence.
For the prosecution, Fiscal?

Defense: PROSEC:
How long have you been entertaining I have here, Your Honor, the marked
the customers before the arrest? money amounting to P1,500.00 to be
marked as Exhibit A. Its purpose is to
establish the closed transaction
Witness: between accused and poseur-
Close to 15 mins. customer. 

Defense: We have here two documents: the

Screenshot of the Text Message
describing the accused to the arresting
officers and the Screenshot of the Call
Log signaling the arrest to be marked
respectively as Exhibits B and C. Prosecutor:
These are to prove that the police
Your Honor, the Prosecution
officers are operating within the pre-
agreed plan during the course formally rests its case.
entrapment operation. 

PROSEC: We present as evidence the

Affidavit of Arrest, Infromation Sheet of
the Accused and her Mugshot/Tenprint
as Exhibits D, E, F-1, F-2, and F-3 for
the purpose proving the arrest of the
accused as well as the other
circumstances relating to the arrest of
the accused

PROSEC: Further, We have here two

documents: the Request for UV Test
and the Result of the UV test to be
marked respectively as Exhibits G and
H. These are to prove that the marked
money presented and the marked
money used during the operation is one
and the same, as well as to prove that
the accused accepted the marked
money from the poseur-customer.

PROSEC: We present as evidence the

photos taken during the entrapment
operation to be marked respectively as
Exhibits I-1, I-2, I-3 and I-4. These are
to prove that the proper procedure is
followed during the entrapment
operation.

PROSEC: Finally, we present as

evidence the Birth Certificate of Jocely
Azucena to be marked respectively as
Exhibit J. These are to prove that the
Jocelyn Azucena is not of legal age.

That would be all, Your Honor.

Judge:
Any comment / objection to the formal
offer of evidence, defense counsel?

Defense Counsel:
Comment/Objection

Your Honor, we object to the

admissibility of Exhibit F on the ground
that xxx xxx xxx

That would be all, Your Honor.