TSN

Date: March 31, 2023

  

ENTRANCE:

Clerk of Court:     All rise. The court is now in session. Silence is hereby enjoined. Branch
36, Regional Trial Court of Santiago City, the Honorable Judge Deonalyn D. Jamias presiding.

(All should stand)

Almighty God, we stand in your Holy Presence as our Supreme Judge. We humbly beseech you.
Bless and inspire us so that what we think, say, and so will be in accordance with your will.
Enlighten our minds, strengthen our spirit, and fill our hearts with eternal love, wisdom and
understanding so that we can be effective channels of truth, justice and peace. In our proceedings
today, guide us in the path of righteousness of your greater glory, Amen.

Judge: (stamp Gavel) Please be seated. Call the case.

COC:          Criminal Case No. 12-456

 People of the Philippines versus Juan dela Cruz for Frustrated Homicide.

Judge:         Appearances.
Prosecution:  For the prosecution your honor, representing the People of the Philippines, I am
Atty. Alecsander Paolo Cabanos, the Assistant City Prosecutor

Defense:    For the defense your honor, I am Atty. Esmeralda M. De Guzman

 ARRAIGNMENT:

Judge:         Is the accused in court?

COC:          Yes, your honor.(Defense please let the accused stand)

J:              Alright, arraign the accused.(Accused comes near the COC, beside the
defense
panel. Defense lawyer stand beside the accused during the arraignment)

COC:          You are the accused in Criminal Case No. 12-456 entitled People of the
Philippines versus Juan dela Cruz, and the Information charges you of the crime
of Frustrated Homicide committed as follows:

That on or about 7:20 o clock in the evening of August 04, 2021, in Brgy. Malvar,
Santiago City, Isabela particularly in front of Glady’s Store and within the jurisdiction of this
city, the herein accused, armed with bladed weapon, with intent to kill, confederating, did then
and there, wilfully, unlawfully and feloniously attack, assault and stab John Martin Luther hitting
the latter at his right-hand stomach. The herein accused were not able to accomplish the
evil/unlawful intention, because of the timely and able medical attendance rendered to John
Martin Luther. See Medical Certificate hereto attached forming part of the complaint.

That in the commission of the crime, aggravating circumstances were present, those are:
Crime was committed during the night time and with the use of a weapon.

Contrary to law.”
What is your plea?

Accused:    Not guilty, your honor.

COC:         The accused enters a plea of not guilty, your honor.

J:           Alright, enter a plea of not guilty.

PRE-TRIAL

Plea Bargaining

J:           Are the parties willing to agree to enter into a plea-bargaining?
P:          Your honor please the prosecution does not desire to enter into a plea
bargaining.

D:         You honor please the defense does not also desire to enter into plea
bargaining.

Marking of Exhibits

J:      Alright mark your exhibits.

P:     With the permission of this honorable court, Your honor please, the prosecution

will present the following documentary evidence and mark as the prosecution’s

exhibits.

DOCUMENTARY EXHIBITS

1.     Exhibit “_”   -       Complaint-Affidavit of John Martin Luther

2.     Exhibit “_”   -       Sworn Statement of John Martin Luther

3.     Exhibit “_”   -       Sworn Statement of Emilio A. Suaco

4.     Exhibit “_”   -       Medical Certificate

5.     Exhibit “_”   -       Photographs

6.     Exhibit Police Investigation Report dated

The prosecution, your honor, reserves its right to introduce submarkings to the pre-
marked exhibits and present other documentary evidence during the course of the trial,
subject to the further direction and limitations that this Honorable Court may impose.

J:      Alright. How about the defense? Mark your exhibits.

 D:    With the permission of the Honorable Court, your Honor please, the defense
present the following evidence and request that these be marked as follows:

Counter Affidavit of Juan Dela Cruz dated __________

The defense, your honor, reserves its right to introduce submarkings to the pre-marked exhibits
and present other documentary evidence during the course of the trial, subject to the further
direction and limitations that this Honorable Court may impose.

Admission. Stipulations of Facts

J:               Any admission?

(Prosecution)

P:              Your honor please, the prosecution requests for the admission by the defense

                  of the following documentary exhibits earlier pre-marked. Sworn Statement

                  of John Martin Luther . First, Sworn Statement of John Martin Luther marked

                  as Exhibit A for the prosecution and we are now showing the accused and

                  furnishing the court.

D:             The defense admits your honor.

P:              Second, your honor please, we would like to request for the admission by the
      defense of the Sworn Statement of Emilio A. Suaco which is premarked as
Exhibit  for the prosecution and we are now showing the accused and furnishing the
court.

D:             The defense admits your honor.

P:     Next, your honor please, we would like to request for the admission by the defense of  the
Medical Certificate issued to the victim pre-marked as Exhibit C for the prosecution and we are
now showing the accused and furnishing the court.

D:             The defense admits your honor.

P:     Next, your honor please, we would like for the admission by the defense of the
Photographs  premarked as Exhibit D for the prosecution and we are also furnishing the defense
and the court of a copy.

D:             The defense admits your honor

P:              Next, your honor please, we would like for the admission by the defense of the
Police Investigation Report dated  premarked as Exhibit D, to dispense with the testimony of the
police. We are also furnishing the defense and the court of a copy.

D:             We admit only to the exhibits your honor, but not as to the entries and the truth of
the facts stated therein.

J:               What does the prosecution say?

P:              We submit, your honor.

                  Your honor, we also request for the admission by the defense of the jurisdiction of
this honorable Court to hear and try this case.

D:             We admit, you honor.

P:              No further request for admission, your honor. Thank you, your honor.

(Defense)
D:             Your honor please, the defense requests for the admission by the defense of the
following documentary exhibits earlier pre-marked. Counter Affidavit of Juan Dela Cruz dated
__________ marked as Exh. A for the defense and we are showing the prosecution and the court
a copy of it.

P:              The prosecution admits your honor.

D:             No further requests for admission your honor.

Identification of Issues

J:               So what are the isssues to be resolved?

P:              Your honor, the prosecution submits the following issue to be resolved.

Whether the accused committed the offense charged in the Information.

J:               How about the defense?

D:             We adopt the same issue your honor.

Number of Witnesses

P:              The prosecution will present 2 witnesses your honor. First is John Martin Luther,
the victim who will testify  on the incident and identification of the assailant. Second is Emilio
A. Suaco, the cousin of the victim who will testify on the circumstances attendant to the killing.
The prosecution reserves its right to present other witnesses in the course of the trial, your honor.

 J:               Alright, how about the defense, how many witnesses?

D:             The defense will present 1 witness, your honor. The accused Juan dela Cruz who
will testify to disprove the allegations in the information.   

J:               Alright, are the parties willing to consider the pre-trial terminated?

P/D:         Yes, your honor.

J:               Subject the issuance of the Pre-trial Order, the pre-trial of this case is hereby
terminated.

PROSECUTION’S PRESENTATION OF EVIDENCE

P:              May we call on John Martin, your Honor.

J:               Alright, swear in the witness.

COC:       Please raise your right hand. Do you swear to tell the truth, and nothing but the
truth in the testimony you are about to give?

John:    Yes, I do.

P   – Will you state your name, age, civil status and other personal circumstances?

John     – John Martin y Luther, 38 years old, married, jeepney driver and a resident of
Brgy. Malvar Santiago City sir.

P: Your honor, we are offering the testimony of the victim John Martin y Luther to prove on
accused, Juan dela Cruz stabbed the former in the stomach which might caused his death  if not
for the  timely medical assistance.
Judge: Proceed.

P: May it please the Court, Good day, Mr. John Martin

John: Good day sir.

P: I will show a document consisting of 3 pages. Can you please tell me what this document
is?

John: That is my judicial affidavit. I remember having narrated to Atty the contents of that
affidavit.

P: Do you recognize the affixed herein over and above the printed name ?

John: It is my signature.

  Q     – Alright. It is stated here in your affidavit that you are a resident of Brgy. Malvar, how
long have you been residing at said place?

A   – Since my childhood and up to the present, sir.

Q   – And you said that you are a driver of a jeepney, who own the jeepney?

A   – It is owned by Mr. Turalba Miguelito sir.

 Q     – You stated that you are treated at Flores Medical Clinic for your wounds?

A   – Yes sir.

 Q     – Why did you get your wounds?

A   – I was stabbed in my stomach sir.

 Q     – Who caused your wounds, if you know?

A   – It was Juan Dela Cruz, sir.

P -Do you personally know Juan dela Cruz?

John -Yes, attorney. I know Juan dela Cruz by face . Although, we never had any personal
interaction until the incident.

P -How do you happen to know him?

John - We reside in the same barangay sir and I frequently see him drinking alcoholic
beverages in the same sari-sari store where the event happened.

P -Is the same Juan dela Cruz in this courtroom now?

John -Yes he is. He is the one wearing blue tshirt.

P -Your honor, may I request that the victim be allowed to point to the person of Juan dela
Cruz.

J -Okay granted.

(John points to Juan)

P -May we request the Court Interpreter to ask the name of the person identified by the
victim.

CI -Person wearing blue tshirt please stand and tell us your name.

(Juan stands and states his name)

 Q     – How did Juan Dela Cruz inflict or cause your wounds?

A   – Dela Cruz stabbed me with a knife, sir.

Q   – Alright. When and where did the incident happen?

A     – The incident happened on or about 7:20 o’clock in the evening of August 04, 2021 in
Brgy. Malvar, Santiago City, Particularly in front of Glady’s Store, sir.

 Q     – Will you narrate in details the facts and circumstances surrounding the incident?

A     – That on the above time and date, I was at the Joemed’s Canteen having conversations
with friends and cousin Emilio A. Suaco while drinking a bottle of gin. My Cousin Emilio
further told me to go with him to go home, sir.

Q   – What did you do, if any?

A     – At that juncture, I stood up and went with him leaving my friends and while at the
cemented road in front of Glady’s Store, I told my cousin to have a rest while I sit at the edge/left
side of the road to rest while, my cousin joined me that he sits beside me, sir.

 Q     – What transpired next?

A     – While we were sitting and having a conversation when a person from east direction is
walking and he came to us and uttered in Ilocano to wit: “APAY AGBATO KAY               
NGAY”, sir.

Q   – What did you answer, if any?

A     – Because we did not threw stones as we were only sitting, I answered in Ilocano to wit:
AWAN MET TI AGBATO, NAKATUGAN KAMI MET LAENG DITOY, sir.

Q   – What else happened, if any?

A     –  He answered back in Ilocano “APAY TA NAPULINGAN NAK”, after which he

talked in dialect which we could not understand and at that juncture, I stood up when he
suddenly lunged at me but I was able to block the attack. I blocked it with my right hand that I
feel pain as if my hand was wounded that I uttered “ARAY”, sir.

Q   – What transpired next if any?

A     – At the spur of the moment, he again attacked me and lunged  at me for the second time
and that I was no able to evade that I was hit at my stomach, sir.

Q   – What did you do when you were hit at your stomach?

A   – I felt pain and that I held my stomach while the  person  ran away, sir.

Q   – What else did you do, if any?

A   – I held my shirt up and was shocked that blood oozed from my stomach, sir.

Q   – What happened next?

A     – My cousin Emilio A. Suaco cried for help that a jeepney came and I was rushed to the
Hospital for treatment, sir.

Q   – Alright, How do you feel now?

A   – My wounds are still very painful, sir.

Q   – By the way where are your wounds located?

A   – At my right hand and my stomach, sir.

Q     – When the incident transpired were there other persons who have witnessed the
incident?
A   – Yes, several of them but I could not remember their names,sir.

P -Alright. No further questions, your honor.

J -Does the Defense wish to cross?

D -With your permission, your honor.

J -Proceed.

 Cross Examination- John Martin

Q - You said the incident happened around 7 oclock in the evening, was it already dark?

A - I was dark sir but there was electric lights near us.

Q -How far is the street light from your location?

A - More or less 10 meters sir

D - Do you know personally the accused?

A -No your honor, but I always see him 

Direct Examination

P: May we call on Emilio, your Honor.

J:               Alright, swear in the witness.

COC:       Please raise your right hand. Do you swear to tell the truth, and nothing but the
truth in the testimony you are about to give?

Emilio:    Yes, I do.

COC:       Please state your name, age, address and other personal circumstances.

E: Emilio Abella y Suaco, 44 years old, married, Tricycle driver and a resident of
Brgy. Malvar Santiago City sir.

P:              Your honor, we are offering the testimony of the witness to prove that on August
4, 2021, the accused Juan dela Cruz stabbed  John Luther in the hand and stomach which injured
the victim and to prove such other matters relevant to this case.

J:               Proceed.

P:              May it please the Court. Good day, Mr. Emilo Suaco.

E:              Good day ma’am.

P:              I will show you a document to the witness consisting of 3 pages. Can you please
tell what this document is?

E:              This is my judicial affidavit. I remember having narrated to Atty. ___ the contents
of this affidavit.

P:              Do you recognize the signature affixed herein over and above the printed name of
Emilio Suaco?

E:              It is my signature.

Q     – You said you are a resident of Brgy. Malvar, how long have you been residing at said
place?
A   – Since my childhood and up to the present, sir.

 Q     – And you said that you are a tricycle driver, who own the tricyle?

A   – It is owned by Mrs. Villaluz, sir.

Q     – What prompted you to be at this Police Station particularly at the Investigation

sections?

A   – I came here purposely to give my free and voluntary statement regarding of an incident,
sir.

Q   – What was that incident all about, if any?

A     – That my cousin JOHN MARTIN Y LUTHER was stabbed at his right hand and his
stomach, sir.

 Q     – When and where did the incident happen?

A     – The incident happened on or about 7:20 o’clock in the evening of August 04, 2021 in
Brgy. Malvar, Santiago City, particularly in front of Glady’s Store, sir.

Q   – Will you narrate in details the facts and circumstances surrounding the incident?

A     – That on the above time and date, I and my cousin was at the Joemed’s Canteen having
conversations with other friends while drinking a bottle of gin. After which,  I told my Cousin to
go home with me, sir.

Q   – What did you do, if any?

A     – At that juncture, we stood up and went, leaving our other friends and while at the
cemented road in front of Glady’s Store, he told me to have a rest while we sit at the edge/left
side of the road to rest while, I joined with him and sits beside him, sir.

Q   – What transpired next?

A     – While we were sitting and having a conversation when a Person coming from east
direction appeared to be drank as they walked in zigzag. He went to us and one and told us in
Ilocano to wit: “APAY AGBATO KAY NGAY” meaning why you stoned us, sir.

Q   – What did you answer, if any?

A     – My cousin answered then in Ilocano, I to wit: AWAN MET TI AGBATO,

NAKATUGAW KAMI MET LAENG DITOY, sir.

 Q     – What else happened, if any?

A     – He answered back in Ilocano “APAY TA NAPULINGAN NAK after which he talked

in dialect which we could not understand and at that juncture, I stood up when he suddenly
lunged at my cousin but he was able to block the attack. He blocked it with his right hand that he
felt the pain as if his hand was wounded that he uttered “ARAY”, sir.

Q   – What transpired next if any?

A     – In the spur of the moment, he again attacked my and lunged/thrust to my cousin for the
second time and that my cousin was not able to evade and that he was hit and held his stomach as
he was badly hurt, sir. 

Q   – What did the said person do, if any?

A     – After stabbing my cousin and seen that blood oozed from my cousin’s stomach, he
immediately ran away, sir.
 Q     – What happened next?

A     – My cousin told me in Ilocano to wit: “ADDA TAMAK” meaning, I am wounded and

that when we held up his shirt, blood oozed from his stomach, sir.

 Q     – What did you do, if any?

A     – I cried for help until a tricycle came and we rushed him toFlores Medical Clinic
Hospital for treatment, sir.

Q   – If the person will be shown to you, were you be able to identify him?

A     – Yes, I could identify him. I know his face as it was bright that night as well there were
electric lights near us that I will able to identify him  but do not know his names, sir.

 Q     – Did you came to know the name of said person?

A     – Yes, I came to know from the elements of Santiago City Police that after the incident,
they were able to apprehend that hr is JUAN DELA CRUZ.

Q     – By the way, where did you came from when you were walking along the road in front
of Glady’s Store?

A   – We came from Joemed’s convenience store adjacent to Glady’s Store, sir.

 Q     – And where were you going at that time when the incident happened?

A   – We were on our way home, sir

Q     – Aside from you, when the incident transpired were there other persons who have
witnessed the incident?

A   – Yes, several people have seen the incident but I could not remember their names, sir.

 Q     – Where are the wounds of your cousin?

A     – At his right hand perhaps caused when he blocked the first thrust and the second (2)
wound is at his stomach when he failed to evade the second thrust, sir.

Q   – How is your cousin now?

A   – He is still in the hospital for his continued treatment and medication, sir.

 Q     – Do you have something to say in this investigation?

A   – No more for the present, sir.

 Q     – Are you willing to sign your statement?

A   – Yes, sir.

Cross Examination: Emilio Suaco 

D: Mr. Witness you mention that you witnessed the stabbing of your cousin. 

A: Yes,sir

D: Since you witnessed the incident do you remember the weapon that was used?

A: yes, sir a knife

D: What color of the knife have you seen?

A: I can’t exactly tell what the color of the knife sir.

D: That would be all, your honor.

OFFER OF EVIDENCE BY THE PROSECUTION

P:              No further witness for the prosecution, your honor.

J:               Alright, make your offer of evicence.

P:              With the permission of the Honorable Court, Your Honor please, the prosecution
offers in evidence the following documentary exhibits:

 Exhibit “A”     -    Sworn Statement of John Martin Luther

 Exhibit “B”      -    Sworn Statement of Emilio A. Suaco

 Exhibit “C”     -    Medical Certificate

 Exhibit “D”     -    Photographs

Exhibits A, B, C and D are being offered in evidence to prove the fact and cause of the injury
sustained by the victim in this criminal case, your honor, which have been duly admitted by the
defense during the pre-trial together with the admission of the genuiness and due execution of
the exhibits your Honor.

Exhibit E is being offered in evidence to prove the fact of the investigation by the police for the
purposes of filing formal charges against the accused, you honor. Exhibit E has been duly
admitted by the defense during the pre-trial as to its existence, your honor.

Your Honor, we now manifest that mentioned exhibits be admitted as evidence for the
prosecution.

(Judge enumerates the exhibits)

P:              Thank you, your honor. The prosecution now rests its case.

DEFENSE’S PRESENTATION OF EVIDENCE

Direct Examination

May we call on Juan dela Cruz, your Honor.

J:               Alright, swear in the witness.

COC:       Please raise your right hand. Do you swear to tell the truth, and nothing but the
truth in the testimony you are about to give?

Juan:        Yes, I do.

COC   – Please state your name, age, civil status and other personal circumstances?

Juan: I am Juan dela Cruz, years old, married  and residing in Barangay Malvar, Santiago City. I
am a construction worker.

D:    Your honor, we are offering the testimony of the witness to disprove the allegations in the
Information and that Juan dele Cruz was not guilty of the crime charged. We are likewise
offering the testimony of the accused to identify the Judicial Affidavit he executed in connection
with this case and that the same from part of his direct testimony.

J:      Proceed.

D:    Your honor, may I approach the witness?

J:      Granted.

D:    I will show a document consisting of 6 pages to the witness. Can you please tell what this
document is all about?

Juan:   Yes, it is my judicial affidavit. I remember having narrated to Atty.__ the contents of this
affidavit.

D:    On page__ is a signature over the printed name Juan dela Cruz, whose signature is this?

Juan:   It is my signature.

D:    Alright. It is stated here in your affidavit that you personally know the victim. Do you
personally know the victim in this case?

Juan:   Yes attorney but not that much.

D:    How do you know him?

Juan:   We live in the same barangay.

D:    Have you had any personal encounter with the victim before this incident?

Juan: No, Attorney.

Defense:    Where were you in the afternoon of August 4, 2021 about 7:20 in the evening?

Juan:           I was way home walking.

D:    What happened while you were walking on your way home?

Juan:   I stop-over to buy a cigar in Gladys store, when I saw three guys having a conversation.

 Defense: What was the conversation you heard from these 3 guys while you are about to buy
cigarettes?

Juan: While I am approaching, I can sense that they are arguing and that they are drunk base on
the tone of their voices.

 D:    Are you certain that these 3 persons you had heard arguing were drunk?

 Juan:   Yes sir.

 D:    What happened next?

 Juan: Since it's already night time I wasn't exactly sure what transpired during that time. It was
really dark when suddenly one of them shouted in too much pain, "Aray Sir!"

 D:    What had you done after someone shouted in pain?

 J:      Since it was so sudden and out of too much nervousness, I ran quickly thinking that I
would also get hurt and would be involved on that incident.

Defense: What happened next?

Juan: When I was almost near to our house, I heard foots steps of a person running quickly. I
immediately hid myself and there I saw a man holding a knife.

Defense:    Did you recognized the person holding a knife?

Juan:   No since he was all covered from head to toe and he was running too fast, I was not able
to recognize the said person.

Defense:    After the incident, did you reported what you have seen to the authorities?
Juan: No, shocked with the turning of events I did not report to the police of what had happen
since I don't know personally John Martin Luther, neither did we have previous encounters. I
only came to know him when police officers came to my address. 
 During the incident, both John Martin Luther and Emilio Suaco were drunk. They are not certain
of what they saw most especially that it happened during night time at a very dark place.
 

Cross Examination(Juan dela Cruz)

P: No Cross, your honor

OFFER OF EVIDENCE BY THE DEFENSE

D:    We have no more witnesses to present your honor.

         With the permission of the Honorable Court, your honor please, the defense offers in
evidence the following documentary exhibits:

That is all for the defense, your honor. The defense now rests its case.

Promulgation of Judgement

Judge: Call the case.

COC: Crm. Case No.  12-456

People of the Philippines versus Juan dela Cruz for Frustrated Homicide

Judge Appearance?

Prosecution: For the Government,  Your Honor, we are ready

Defense Counsel For the defense, ready, your honor

Judge: Is the accused present

COC: He is present, your Honor

Judge: Read the decision

Defense Counsel: May we pray, your Honor, that only the decretal portion of the decision
will be read.

Judge: Okay. Read only the Wherefore clause.

Judge:  WHEREFORE, in view of the foregoing considerations, accused JUAN DELA

CRUZ is hereby found GUILTY of FRUSTRATED HOMICIDE, and is hereby to sentenced to
suffer the indeterminate penalty of Ten (10) years and one (1) day to twelve (12 ) years as
maximum. The accused is also ordered to pay the amount of P50, 000 as civil indemnity, and
P50, 000 as moral damages. These amounts shall be subject to the legal rate of interest of six
percent (6%) per annum from the finality of the Court’s ruling until full payment.

SO ORDERED.