Appearances:

Aj: Goodmorning YH,

Atty. Jannel Natividad, appearing as counsel for the accused in collaboration
with Atty. Kristine Balagan.

Ready:

Aj: May it please the Court.

YH, may we know if there are other prosecution witnesses in court, and if there
are, may we move for their exclusion?

Offer:

Aj: We can admit YH that :

1) Witness a police officer assigned at PNP Patrol Base in Tallang, Baggao, Cagayan;
2) He/she was part of the responding team who went to the residence of the accused
on in the evening of December 4, 2019.

We intend to challenge the rest of the offer YH, through Cross examination.

Cross:

Aj: May I proceed YH?

Aj: Mr. Witness, at around 6:30PM on December 4, 2019, while you were on duty at
PNP Tallang Patrol Base, a report about a shooting incident in Zone 5, Barsat East,
Baggao was phoned to your office, do you confirm it?

Aj: That it was on the basis of this phone call that you proceeded to the place of
incident, correct?

Aj: Will you also confirm that it was not you nor your co-affiant who personally
received the phone call?

Aj: It was PSSg Archibal Sabiano who talked to the caller, is that correct?

Aj: And you merely relied on the information relayed to you by PSSg Sabiano?

Aj: In fact, you have no personal knowledge of a phone conversation between

PSSg Sabiano and the caller, correct? (duration of call, distance from Sabiano during
the phone call, did caller mentioned the name of the accused)

Aj: Who were your companions when you went to the place of the incident?
Aj: You were also accompanied by former Punong Barangay Lilia Sabiano,
correct?

Aj: You mention in par.3 of your Joint Affidavit that when you arrived at the place,
you notice 4 persons having a drinking spree, do you confirm that?

Aj: And, you had enough time to observe what they were doing before you went
near them, correct?

Aj: Considering that it was night time, was the place where they were staying
sufficiently lighted?

Aj: Did you also noticed if anyone of them was holding any gun?

Aj: There is nothing suspicious about them, correct?

Aj: They were just having a drinking spree, right?

Aj: By the way, how did you know that one of these 4 persons, having a drinking
spree, is the accused? *par.3: admission.

Aj: Would you agree with me that you and your team were armed with your service
firearms during that time?

Aj: Would you also agree with me that you were wearing civilian clothing during
that time?

Aj: Do you confirm that the accused was under the influence of liquor when he
allegedly admitted that he fired a gun?

Aj: Mr. Witness, before the accused allegedly admitted to you that he had fired a
gun, were you able to interview others regarding the incident?
*You did not state that in your Joint Affidavit, correct?

Aj: Did you recover any fired cartridge case, before the accused admitted having
fired a gun?

Aj: Was the accused in possession of any gun at the time you apprehended him?

Aj: Therefore, you arrested the accused merely on the basis of his alleged
admission, is that correct?

Aj: When you placed accused under arrest, did you also put handcuffs around his
wrists?
(resistance of the accused per counter-affidavit and MR)
Aj: You also said that your Co-affiant informed accused of his constitutional rights,
correct?
Aj: Were you positioned beside PSSG Casauay when she informed the accused of
his rights?

Aj: Can you please tell me the statements that she told the accused when she
informed him of his constitutional rights?

Aj: After arresting the accused and informing him of his rights, you brought him to
PNP Tallang Patrol Base, do you confirm that?

Aj: While the accused was in your custody, he, according to you, admitted that he
is keeping firearms inside their house, correct?

Aj: Was this admission reduced into writing?

Aj: Was he assisted by a counsel when he made this admission?

Aj: There was none. However, on the basis of his admission, you went back to the
residence of the accused to search and seize the alleged firearms, correct?

Aj: Did you apply for the issuance of a Search Warrant before you search the
residence of the accused?
(time-element?)

Aj: Now, the fired cartridge case of Caliber .22 that you recovered in front of
accused house as mentioned in par. 7 of your JA, WHEN did you recover this?

Aj: The fixed cartridge case was recovered at the time that you went back to the
house of the accused, do you confirm that?

Aj: That was after he made his admission at the Patrol Base, correct?

Aj: When you were back at the house, Gilbert Pasion, the grandfather of the
accused, went inside the room where the firearms were kept and locked the door,
correct? *Indicated in paragraph 6 of your Joint Affidavit.
(How many live ammos in .22 caliber was left)

Aj: Would you agree with me that Gilbert Pasion, at that time, has the direct
physical control of the firearms?

Aj: And you will also agree that Gilbert Pasion knew of the location of the
firearms, correct?

Aj: Gilbert Pasion even prevented you from finding the firearms by locking
himself inside the room where the firearms were kept, is that right?
Aj: That despite Gilbert Pasions’ acts of possessing and keeping the firearms,
you failed to arrest him, correct?

Aj: Would you also agree with me that Gilbert Pasion told you and your team that
he is the owner of the firearms, correct?

Aj: Mr. Witness, were you aware that Gilbert Pasion was a former military man?

I have no further questions for the accused YH.