Mock Trial Script

PRACTICE COURT 2
MOCK TRIAL SCRIPT
PEOPLE VS. MARK MASIGLAT
ROLE CHARACTERS
Judge Judge Ike Cimafranca

Private Complainant Heart Estabillo
Accused Mark Masiglat
Public Prosecutor Prosec. Sarji Aldana
Private Prosecutor Atty. Pryam Bataan
Defense Counsels Atty. Paolo Ong
Atty. Carlo Tan
Prosecution Witnesses Dr. Dexter Comiso
SP03 John Ryan Federizo
SP02 Patricia Ramos
Defense Witnesses Ivy Gravamen
(mother of the accused)
Van Peralta
(vendor)
Clerk of Court/ Court Anne Lolong
Interpreter/
Narrator
Powerpoint Presenter Ditas Cabatit
(note: please change the name of characters on your respective scripts and make it in accordance with the
name of the members. For easy reference and to hide the identity of the parties involved in the actual
case, I suggest to use our names)
PART 1- PRESENTATION OF PROSECUTION WITNESSES, DIRECT AND CROSS
PART 2- PRESENTATION OF DEFENSE WITNESSES, DIRECT AND CROSS AND PROMULGATION
_____________________________________________________________________________________
PART 1:
I. INTRODUCTION
Narrator: Good evening Justice Manahan and to our classmates. We are the 2 nd group to present a
criminal case entitled “People of the Philippines vs. Mark Masiglat”. But before we start, we would like to
take this opportunity to thank our dear professor Justice Manahan who always guides us in embodying the
law profession and reminds us to keep the fire burning until we achieve our common goal which is to
become great lawyers. Thank you so much Justice!
To formally start the trial, let us first introduce the characters of the criminal case People vs. Masiglat. . . .
(Introduce one by one)
Narrator: This is a criminal case of kidnapping with rape and illegal possession of firearms and
ammunitions. Just to give you a short overview, Ms. Heart Estabillo, a young and innocent girl, and a call
center agent who was raped by accused Mr. Mark Masiglat on her way to work from Bocaue, Bulacan to
Cubao, Quezon City. Ms. Estabillo claims that she gives no consent to the alleged rape but accused Mr.
Masiglat is claiming otherwise, that is was a consensual act. Who is telling the truth? Open your eyes, your
ears and your mind to critically comprehend if justice will be served in this case. Is it a conviction or an
acquittal?
………………………
Page 1 of 61/02.19.20/1stDraft
II. ARRAIGNMENT AND PLEA OF THE ACCUSED (flash this on the screen)
PEOPLE OF THE PHILIPPINES VS MASIGLAT
For: Kidnapping with Rape and violation of Presidential Decree (P.D.) No. 1866, as amended by
Republic Act (R.A.) No. 8294 (Possession of Illegal Firearms and Ammunitions)
Interpeter : All rise.
ALL: Almighty God, We stand in your Holy Presence as our Supreme Judge. We humbly
beseech You to bless and inspire us so that what we think, say and do will be in accordance with Your will.
Enlighten our minds, strengthen our spirit and fill our hearts with fraternal love, wisdom and understanding,
so that we can become effective channels of truth, justice and peace. In our proceedings today, guide us in
the path of righteousness for the fulfillment of Your greater glory. Amen
Interpeter: The court is now in session. Honorable Judge Ike Cimafranca is presiding.
Judge : Call the case.
Clerk of Court: People of the Philippines vs Masiglat
Criminal Case Nos. Q-03-1430 and Q-03-1431
For: Kidnapping with Rape and violation of Presidential Decree (P.D.) No.
1866, as amended by Republic Act (R.A.) No. 8294 (Possession of Illegal
Firearms and Ammunitions)
Prosecutor : City Prosecutor Sarji Aldana for the State, your Honor.
PC : Atty. Pryam Bataan appearing as private counsel for the prosecution, under the
direct supervision of the City Prosecutor, your Honor.
DC1 : Atty. Ong appearing as head counsel for the accused, your Honor.
DC2 : Atty. Tan appearing as co-counsel for the accused, your Honor.
Judge : Is the accused around?
DC1 : The accused is around your Honor.
Judge : Arraign the accused.
Court Interpreter:
People of the Philippines vs Masiglat
Criminal Case Nos.: Q-03-1430 and Q-03-1431
For : Kidnapping with Rape and violation of Presidential Decree (P.D.) No. 1866, as amended by
Republic Act (R.A.) No. 8294 (Possession of Illegal Firearms and Ammunitions).
The undersigned accuses Masiglat of the crime of RAPE under Article 335 of the Revised Penal Code and
violation of Presidential Decree (P.D.) No. 1866, as amended by Republic Act (R.A.) No. 8294 committed
as follows:
On April 21, 2003, two (2) separate Informations were filed with the RTC against petitioner for Kidnapping
with Rape and violation of P.D. 1866, as amended by R.A. 8294 (Illegal Possession of Firearms and
Ammunitions). The accusatory portions of the two (2) Informations respectively state:
Criminal Case No. Q-03-1430
That on or about the 16th day of April 2003, in Quezon City, Philippines, the above-named accused, by
means of force, violence and intimidation, did then and there willfully, unlawfully and feloniously, armed
with firearm, kidnap and rape one HEART ESTABILLO in the following manner, to wit: said HEART
ESTABILLO boarded the Mitsubishi Adventure with plate no. CSV-606, driven by the accused who was
then plying his route at Bocaue Toll Gate going to Cubao, Quezon City, and upon reaching EDSA corner
New York Street, Cubao, this City, accused suddenly poked his gun at her, kidnap and detain her and
forcibly brought her at the Town and Country, Sta. Mesa, Manila, where accused had carnal knowledge of
her by force and intimidation against her will and without her consent.
Criminal Case No. Q-03-1431
That on or about the 17th day of April 2003, in Quezon City, Philippines, the said accused, without any
authority of law, did then and there willfully, unlawfully and knowingly have in his possession and under his
custody and control one (1) Peter Stahl .45 caliber pistol with Serial Number A414 with five (5)
ammunitions, without first having secured the necessary license/permit issued by the proper authorities.
Court Interpreter : Do you understand the allegations of the facts?
Accused : Yes, your Honor
Interpreter : What is your plea?
Accused : Not guilty, your honor.
Interpreter : The accused pleaded not guilty your Honor
Judge : The arraignment of Mark Masiglat in Criminal Case Nos. Q-03-1430 and
Q-03-1431 is conducted. Let it be on the record that the accused pleaded
not guilty for the crimes of kidnapping with rape and illegal possession of
firearms and ammunitions. The informations for the two cases are read to
him in English a language known and understood by him. Defense counsel
Atty. Paolo Ong and Atty. Carlo Tan assisted the accused. The accused
pleaded not guilty for the crimes charged against him.
Prosecution : Your honor, we would like to set the case for pretrial on ____________.
Judge : Are you amenable with the schedule defense counsel?
DCs : Yes your honor.
Judge : No objections both for prosecution and defense, the case is set for pretrial
on ________________. Notify the parties thereto. So ordered.
………………………
III. PRETRIAL
(insert pretrial here)
IV. TRIAL (flash this on the screen- TRIAL (Date: MAY 15, 2017)
a. PROSECUTION WITNESSES
i. Direct Examination of the Private Complainant (HEART ESTABILLO) (flash

this on the screen)
Interpeter: Please rise. The Regional Trial Court, Branch 10, is now in session, the
Honorable Judge Ike Cimafranca presiding
Judge Call the case.
Intereter People of the Philippines vs. Mark Masiglat, Criminal Case Nos. Q-03-1430
and Q-03-1431
Prosecutor City Prosecutor Sarji Aldana for the State, your Honor
PC Atty. Pryam Bataan appearing as private counsel for the prosecution, under
the direct supervision of the City Prosecutor, your Honor.
DC1 Atty. Ong appearing as head counsel for the accused, your Honor.
DC2 Atty. Tan appearing as co-counsel for the accused, your Honor.
Prosecutor Your Honor, the case is set for initial presentation of the prosecution
evidence. We are ready with our presentation.
Today, we are offering the testimony of the witness Ms. Heart Estabillo to
prove the facts stated on her complaint, that on April 16, 2003 she was
abducted by the accused Mark Masiglat and was forcibly brought to a motel
where she was sexually abused and she will identify the accused and testify
on other matters that may be material and relevant to the allegations.
Further, Your Honor, considering the nature of the offense and the nature of
the testimony of this witness, may we move for the exclusion of the public.
Judge The public is excluded. Everybody must have to leave the courtroom except
their witness, the Fiscal, the Private Prosecutor, the defense counsels and
the accused himself.
Call your witness to the witness stand
Prosec May I call on Heart Estabillo
Judge Swear in the witness
Interpreter Do you swear to tell the truth, all the truth and nothing but the truth in this
case?
Estabillo Yes, ma’am
Judge Please state your name and other personal circumstances.

Estabillo Heart Estabillo, 21 years of age, a Technical Support Representative at Link
2 Support in Libis, Quezon City and residing at 499 Sta. Mesa, Bocaue,
Bulacan.
Prosec May we proceed Your Honor?
Judge Proceed.
Prosec Madam Witness, will you please tell where were you going on April 16,
2003?
A I supposed to go to work in Link 2 Support located in Libis, Quezon City.
Q On April 16, 2003, where were you residing?
A I am still residing in Bocaue, Bulacan
Q Will you please tell us your schedule of work with this company you were
connected with?
A On that time, my schedule was 10:00pm until 7:00 in the morning
Q On that particular date, do you remember having reported for duty, Madam
Witness?
A Yes, sir.
Q And what time did you leave your home when you reported for duty?
A It was 7:00 in the evening
Q And in going to the place of work, what usually do you take as your
transportation in going to your office?
A From our house I was being escorted by my auntie up to the Bocaue toll
gate
Q And from Bocaue toll gate, what mode of transportation do you take to go to
your place of work?
A Either bus or FX going to Cubao
Q On April 16, 2003, what type of vehicle did you take in going to your place
of work?
A I rode an FX, it was a Mitsubishi Adventure.
Q And where did you exactly board this Mitsubishi?
A In Bocaue toll gate
Q And do you recall the time when you boarded this
A It was about 8:00 in the evening
Q And that Mitsubishi Adventure was going to where?
A It was going to Cubao
Q Will you please describe and tell to this Honorable Court the color and plate
number of this Mitsubishi Adventure?
A It was black and the plate number is CSV-606
Q When you boarded this vehicle, in what part did you board?
A It’s in the front seat
Q And after you boarded, what happened next?
A: Some of the passengers dropped off from other located such as the GMA
Kamuning MRT Station
Q If you can recall how many passengers were on board this Mitsubishi
Adventure when you boarded at Bocaue toll gate?
A All seats were full and the only seat I could sit is in front.
Q More or less, how many passengers all inside this vehicle?
A 9 all in all.
Q Where did the last passenger excluding you alight?
A The last passenger alighted aside from me is in New York Street, Cubao
Q After this last passenger alighted in New York, Cubao, what happened next,
if any?
A The accused turned right and asked me if it is OK that he would make some
change for my fare and after a couple of turn around the with the vehicle he
pointed a gun at me.
Q How much did you give the driver of this Mitsubishi Adventure as your fare?
A P100.00
Q And when did he give you your change for your fare?
A Nothing
Q Why did he not give you your change for the P100.00 bill?
A It was because he already abducted me and pointed the gun at me
Q Will you please describe to us the appearance of the driver who abducted
and who pointed the gun at you inside this Mitsubishi Adventure, what was
his appearance?
A At the time his hair was semi-bald and he was wearing t-shirt and shorts
and slippers
Q At that time Madam Witness, where did he poke the gun at you?
A It was at my heart
Interpreter Witness your Honor pointed to the left portion of her chest
Q Will you please describe to this Hon Court how how as able to point the gun
at you and drive the vehicle at the same time?
A While he was driving on the wheel, he was using his left hand and at the
time putting his right hand on my shoulder and pointing the gun like this
Interpreter Witness is demonstrating with her left hand holding the wheel of the vehicle
and the accused put his right hand on her shoulder with the hand pointing a
gun to her chest
Q At that time, where were you seated when he pointed the gun at your
chest?
A He pushed me nearer to him so that he can drive
Q When when the driver pulled the gun at you, what did you do, what was
your reaction?
A I was shocked after he cocked the gun and pointed at me and after that I
lost some of my control or my mind was very confused of what will I do after
that
Q After he pulled the gun at you, what happened next?
A After that he still drove around the place I do not know where because I am
not familiar with the place
Q And how long did he drive around the vehicle if you can recall?
A It’s about 10 minutes or 20 minutes at that time
Q And after 10 or 20 minutes, what happened next?
A After that I remember going to a drive thru and saw the logo of the motel
Q How will you describe the logo that you saw?
A It is a logo of a motel, Town and Country Motel
Q And how did you come to know that this is a logo of a motel?
A Because the logo under it states the word of the motel
Q If you know Madam Witness, will you please tell us exactly where is this
Town and Country located?
A It is in Sta. Mesa
Q If you will be asked by the Hon. Court to go in that particular place, will you
be able to identify the said motel?
A Yes, sir.
Q After you were brought to this place, what happened next?
A After that, the accused drove into a parking space and there was a boy who
approached us and he opened the window and the only thing that the boy
could see is the driver and not me.
Q You stated that the accused parked his vehicle inside this drive thru, where
is this drive thru located?
A The motel has a lot of parking space where there is cover for it so some
part of the place has that cover up so the car will go there and the boy will
go. . .
Q After he pulled over to this parking space inside this motel, what happened
next?
A After that he waited for the boy to get out of the parking garage and after
that he pushed me out of the vehicle
Q Can you describe to us how he was able to push you outside his vehicle?
A He first opened the door and unlocked it and after that he pushed me out
Q After the pushed you out of the vehicle, what did you do, if any?
A I was trying to get out and get my things, he got out of the same door and
he got hold of me
Q And at the time where was the gun that he used?
A He still had the gun
Q Will you please tell us what particular type of gun did he used?
A All I know it’s a black gun
Q After the two of you were out of the vehicle inside the parking garage, what
happened next?
A After that, he pushed me upstairs
Q And after that what happened next?
A I was pushed through to the room
Q And will you please demonstrate to us how he pushed you inside, how you
were brought inside this room?
A Actually there were 2 doors on that room, his right hand was dropping on
my shoulder and his left hand opened the door and after he opened the
door I was released after that and I was seated on a chair
Q In which hand was he holding the gun?
A Right hand
Q After you were pushed inside the room, what happened next?
A After sometime of pleading and I was trying to get out of the room, he
pushed me again on the bed
Q And will you please demonstrate how you were pushed to the bed?
A I was pulled from the chair and after that I was pushed on the bed
Interpreter Witness demonstrating how she was pushed with her 2 hands pushing on a
forward motion
Q After you were pushed to the bed, what did you do?
A After that I tried to get out of the room but unfortunately he grabbed me
again before reaching the door
Q And where did he grab you, Madam Witness?
A On my shoulder
Q And after he grabbed you, what happened next?
A I was again pushed to the bed
Q After you were pushed to the bed, what happened next?
A I was pleading for my life and I was trying to get out of that situation
Q Tell us your exact words to the accused when you said you were pleading
for your life at that time?
A “Pakawalan mon a amo. Ayaw ko na dito. Meron pa akong pamilya. Sana
maintindihan mon a ako hindi ako ganun klasenf babae meron pa naman
iba pang babae dyan”
Q What was the reaction of the accused after you told him that?
A Nothing, he was proceeding with his action. He got holf on my pants which
was stripped off so the zipper was destroyed
Q After he pulled your pants, what else transpired if any?
A He got hold of my panty and it was thrown on the bed.
Q After that, what else did he do?
A He proceeded taking off his short and underwear
Q What were you doing while he was taking off his short and underwear?
A I cannot do anything because my arms were like this.
Interpreter Witness demonstrating with both her arms cross in front of her shoulder
A And his body was against my body so I could not do anything

Q After he removed his clothes, what happened next?
A After that he got off his penis and somewhat rubbed it against my genitals
Q If that person who abducted you and brought you to this motel and forced
you to undress is in court, will you be able to identify him?
A Yes, sir.
Q Will you please step down from the witness stand and point to that person?
Interpreter Witness pointing to a man wearing white t-shirt and when asked his name
answered Mark Masiglat
Q In connection with this case, do you recall having given a statement before
the police regarding the incident
A Yes, sir
Q I am showing to you a statement given by one Heart Estabillo to the Cubao
Police Station, will you please go over this and tell us the relation of this
statement with one you mentioned earlier?
A This is the statement I gave to PO2 Patricia Ramos
Fiscal Your Honor, this statement by one Heart Estabillo to the Cubao Police
Station was formally offered as Exhibit “A’
Q There is a signature above the typewritten printed name Heart Estabillo,

whose signature is that?
A It’s mine
Fiscal May we request that the signature of the witness Heart Estabillo be marked
as our exhibit “A-1’
Q There is another signature above the printed word administering officer,

whose signature is that?
A It’s by PO2 Patricia Ramos
Fiscal May we request that the signature be marked as Exhibit “A-2”
Q Going back after the accused rubbed his penis to your genital, what
happened next?
A After that he inserted his penis inside my vagina
Q And, what followed next after inserting his penis into your vagina?
A He started pumping for a couple of times
Q Do you recall how long a time when the pumping was done by the
accused?
A No sir, because I have already lost my sensed and I cannot move
Q What did you do, if any, the first time that he inserted his penis into your
vagina?
A I was pleading for him to stop and told him that I am not that kind of girl
Q What was his reply, if any?
A He was saying, “ang sarap sarap mo. Pasensiya ka na Heart naka-gamit
ako ng drugs”
Q Was there a reply on your part after that?
A None sir.
Q And after a couple of pumping, what happened next?
A He stopped and I felt there was something that was released from him sir.
Q After that what followed next?
A After he stopped he put on his underwear, his shirts and pants.
Q Where were you when he stopped?
A I was still on the bed sir
Q Why did you remain on the bed?
A Because I was shocked. I felt sorry for myself because of what happened to
me
Prosec I think that would be all Your Honor, as direct examination.
Judge Any cross-examination? Can you make it now?
Defense Counsel Yes, your Honor.
ii. Cross-Examination of the Private Complainant (HEART ESTABILLO) (flash

this on the screen)
Atty. Ong Miss Estabillo, would you tell the Court the first time you came to know the
accused?
A It was when I aboard the Adventure which he was driving on the night of
April 16, 2003, sir.
Q And would you tell the Court when for the first time did you have
conversation with each other?
A It was when he was saying that he does not have enough money for the
change of the money I gave.
Q Did he tell you that he has no change to your P100.00 bill that you paid to
him?
A Yes Sir.
Q After he told you that he has no change for the P100.00 bill, what happened
next?
A He already turned right to the next street, sir.
Q After he turned right, what happened next?
A He was travelling very fast and passing by the store where he can actually
get a change for my P100.bill.
Q What did you do when you noticed that instead of stopping in front of the
store he continued driving fast?
A I texted my friends in the office, sir
Q How many friends did you text?
A I texted five (5) friends, sir.
Q Did anyone respond?
A Yes sir. My friend JM Aquino responded.
Q After the response from JM, what happened next?
A After that I was about to go down from the van but the car was speedly
moving so I cannot go down as he was telling me I would not get down.
Q Was that the same time that the accused held you by and should pointing
the gun at you?
A Yes Sir
Q And, at the same time that he was speeding the engine of the van, his right
hand held your shoulder and pointing the gun at your chest?
A He pointed the gun by putting his right hand at my shoulder and pointed the
gun at my chest
Q From the time that the accused has poked the gun at you, he continuously
held the gun in his hand?
A Yes sir
Q Did he take off from his right hand after he poked the gun at you?
A No, sir
Q Where did the accused released you?
A He released me in front of SM Cubao
Q And after that time he was still holding the gun?
A No, Sir
Q When did he release the gun from the time he poked the gin at you
A After he raped me
Q From the time he put his right hand over your shoulder, did he ever change
his position before you arrived at the town & Country?
A No, Sir
Q In other words, whenever he would take control of the wheel he used his left
hand?
A Yes, Sir
Q And whenever he would change gear he would use his left hand also?
A Yes, Sir
Q You said that there was a boy who approached you, did the boy see the
accused poking the at your neck?
A I don’t think so because the van was heavily tinted and that when he
opened the window they would see a part of his eyes and his head
Q The boy did not even see that you were with the accused during that time?
A No Sir
Q And you were sitting close by the accused?
A Yes, Sir
Q Did you not try to make yourself visible to the boy because of the fact that
the gun was poked at your neck?
A Sir, the boy was small and if you were in my place you would not say a
thing because a gun is poked at you.
Q During the direct examination you said at the time he was pulling off his
shorts and taking off his underwear what were you doing? You said “ I
cannot do anything because my hands were like this” and you
demonstrated that you crossed your arms in front of your shoulder, am I
correct?
A Yes Sir
Q And the accused was on top of you that’s why you cannot do anything?
A Yes Sir
Q After that he got off his penis and somewhat rubbed it against your genitals,
as you stated during the direct examination, did you not move your buttocks
or waist so that you could avoid the penis of the accused?
A I tried to
Q What happened next of you said you tried?
A After that he inserted his penis inside my vagina
Q Was he successful or what?
A Yes, sir
Q That means, immediately after he rubbed his penis against your vagina he
was able to penetrate you?
A Yes Sir
Q After a couple of pumping you said that you already lose yoyu senses and
you cannot already move?
A All the while I could not move
Q Did it not make lose you sense the fact the accused was already pumping?
A I lose my sense when he was already on top of me
Q Could you tell the court the approximate time that the accused was able to
bring you to Town & Country
A I would not know
Q And what was the time when he released you at SM Cubao
A It was probably past 10:00 of the evening of April 16, 2003
Q And you went to the Police Station of Cubao at 12:20 of Apirl 17?
A Yes sir
Q In other words, you were released on that same night?
A Yes Sir
Q And you went to the Cubao police station early in the morning of that same
night?
A Actually, after he released me, I immediately went still to my office to get
some help and my friends escorted me to the Police Station near Libis
Q Could you tell the court what is your work in Libis?
A I was a Product Support Representative
Q What products are you engage in?
Prosec Objection, Your Honor. The question is irrelevant.
Judge Sustained.
Atty. Ong After you reported to the police station, what else did you go?
A At Cramp Crame
Q What happened in Camp Crame
A I subjected myself to medical examination
Q In your medical examination report states that you were in non-virgin state
physically and other than that there are no significant findings, what can you
say to that?
Prosec Your Honor please, in fact in our pre-trial it is listed in one of our witnesses
the Medico Legal Officer
Judge Objection is sustained
Atty. Ong No further questions
Judge: Re-direct?
Prosec No re-direct, Your Honor.
Judge: Alright, witness, you are now excused.
-------------------------------------
Prosec May the Honorable Court allow us to present our next witness.
Judge: Who are you presenting?
Prosec The arresting officer, Your Honor, SPO3 Ryan John Federizo. Further,
Your Honor, May I be allowed to let the private prosecutor conduct the
direct examination of the witness.
Judge: Granted. Call your witness to the witness stand
iii. Direct Examination of the Arresting Officer (RYAN JOHN FEDERIZO) (flash
this on the screen)
ATTY. BATAAN May I call on Ryan John Federizo
Judge Swear in the witness
Interpreter Do you swear to tell the truth, the whole truth and nothing but the truth in
this case?
Federizo Yes, ma’am
Interpreter Please state your name and other personal circumstances.
FEDERIZO SPO3 Ryan John Federizo, 37 years old, married, Police Officer and a
resident of Brgy. Kawayan, Antipolo City,
ATTY. BATAAN : Your Honor, we are presenting this witness, Ryan John Federizo to prove
that he was the apprehending officer of accused Mark Masiglat on April 17,
2003 for the charge of Kidnapping with Rape and illegal possession of
firearm and other details related to the arrest of the accused Your Honor.
With the kind permission of the Honorable Court.
JUDGE : You may proceed counsel.
Q: Mr. Witness, on April 17, 2003, did you report for duty?
A: Yes sir.
Q: Where?
A: At Station 7, Cubao Police Statiokn, Camp Panopio, P. Tuazon Corner EDSA, Cubao, Quezon City
Q: On said date what was your position?

A: Follow up sir.
Q: What time did you report for duty on April 17, 2003?
A: My time of duty is broken hour sir.
Q: So, what was your schedule time, do you recall?

A: At that time I reported to the office at 6:30 in the evening.
Q: Up to what time was your tour of duty?

A: ON that same day sir. Broken hour is my duty, no definite hour.
Q: Do you recall rergarding a complaint launched in your station by a certain Heart Estabillo?
A: Yes sir.
Q: What was that complaint about?

A: The Desk Officer told me that there was a complaint for a case of rape sir.
ATTY. BATAAN:
If Your Honor please, may we ask if it is possible that the Affidavit of Arrest of the witness be used as their
direct-examination Your Honor, considering that almost all the facts are stated here.
JUDGE:
No, no counsel. You may enter into stipulation if you consider that affidavit of arrest, you take at present
the testimony for direct-examination. The court does not allow you counsel.
ATTY. BATAAN: (To Continue)
Q: Immediately upon receiving that information from the Desk Officer, what did you do?
A: After he told us about that rape case, we immediately proceeded to make a follow up to this case
sir.
Q: I noticed that you mentioned that “we”, do you have any companion at that time?
A: Yes sir.
Q: How many?
A: About five (5) sir.
Q: Will you please name them one by one?

A: PO1 Rogelio Nacional, Police Insp. Gatos, PO1 Sapulaan, PO2 Albert Lanoso and PO1 Barangan.
Q: What happened now to your follow up that you just recently mentioned?
A: After the Desk Officer told us that there was a rape case we immediately proceeded to follow up
and somebody called us and told us that the vehicle used in the rape case was parked at along
EDSA New York Corner Street in front of Baliwag Terminal.
Q: So, immediately after receiving that important information, what did you and your companions do
that you mentioned?
A: We immediately proceeded to that place where it was said the vehicle was parked.
Q: What is the exact place, will you tell the court?

A: Along Edsa Corner, New York St., in front of Baliwag Terminal.
Q: Were you able to reach the exact place?

A: Yes sir.
Q: What happened next?

A: When we arrived at the area, the victim saw the suspect standing near the parked vehicle.
Q: What did you do next?

A: I immediately approached him and bodily frisked him and found on his possession a cal. .45 sir.
Q: So, what happened after that?

A: And then we brought him to the Police Station and turned over to the Desk Officer.
Q: And, what is the name of the suspect that you arrested?

A: Mark Masiglat sir.
Q: Will you please look around inside the courtroom and point to the court if there is Mark Masiglat
whom you arrested on April 17, 2003?
INTERPRETER:
Witness is pointing to a man wearing a _____________ and when asked his name he answered Mark
Masiglat .
ATTY. BATAAN: (To Continue)
Q: You also mentioned that you confiscated form the accused, from his right waistline one (1) caliber
45 pistol, were you able to get his permit to verify the firearm?
A: I did not verify from that person whether he has that permit to carry firearm but I believed it was the
police investigator who asked that inquiry.
Q: Of course you know that police investigator?

A: SPO2 Patricia Ramos.
Q: And, in connection with the arrest of the accused, do you recall whether you executed an affidavit
of arrest?
A: Yes sir.
Q: And, if I show you that affidavit would you be able to recognize the same?
A: Yes sir.
Q: I am showing to you this Affidavit of Arrest dated April 19, 2003, will you please go over the two
page Affidavit and tell the Court what is the relation of that affidavit?
A: Yes sir, it is the same affidavit I executed.
Q: On the first page of this Affidavit of Arrest there is a signature on the left side here, whose
signature is this?
A: That is my signature.
Q: And, on the second page, there is also a signature above the typewritten name SPO3 Ryan John
Federizo, affiant, whose signature is this?
A: That is my signature sir.
ATTY. BATAAN:
May I request Your Honor that this Affidavit of Arrest be marked as Exhibit “B” Your Honor.
COURT:
Mark it.
ATTY. BATAAN:
And his signature on the first page, on the left corner be marked as our Exhibit “B-1” Your Honor, And, on
the second page identified the signature by the witness as Exhibit “B-2”.
That would be all Your Honor.
COURT: Cross?
ATTY. ONG: Yes Your Honor.
iv. Cross-Examination of the Arresting Officer (RYAN JOHN FEDERIZO) (flash

this on the screen)
ATTY. ONG: (To Witness)
Q: You learned that the incident happened on the 16 th of April 2003 at 8:00p.m.?
A: Yes sir.
Q: And, that it was only at 6:30p.m. on April 17, 2003 that you reported for duty?
A: Yes sir.
Q: When you implement the arrest you have a personal knowledge as to the rape case?
A: Yes sir.
Q: And, was it only told to you by the victim?

A: I was just told to me that there is a rape case.
Q: That is only the source of the investigation of the case before you proceed?
A: Yes sir.
Q: And, do you have a warrant to execute the arrest of the accused?

A: None sir.
Q: And, do you have also search warrant in search of the firearm in connection with this case?
A: None sir.
ATTY. ONG: That would be all Your Honor.
Judge: Re-direct?
Atty. Bataan: No redirect, Your Honor
COURT: (To Witness)
You are now excused.
v. Direct Examination of Police Investigator (PATRICIA RAMOS) (flash this on
the screen)
PRIVATE PROSECUTOR: We are ready to present our next witness, Your Honor.
COURT: Call the witness.
PRIVATE PROSECUTOR: May we call the witness to the witness stand.
*witness goes to the witness stand*
INTERPRETER (with bible on hand, witness puts hand on top of the Bible.):
Do you swear to tell the truth, the whole truth and nothing but the
truth before this Honorable Court?
RAMOS: Yes.
INTERPRETER: Please state your name, address, age, civil status, and other
personal circumstances.
RAMOS: I am SPO2 Patricia Blanca Ramos, 32 years old, married, police

investigator assigned at Camp Panopio.
COURT: Your witness, counsel.
PRIVATE PROSECUTOR: We are offering the testimony of the witness to prove the
qualifications of the witness, that she is a member of the
Philippine National Police designated as police investigator; that
she was the investigating officer at the time when the victim
reported at Cubao Police Station on April 17, 2003; to prove and
to testify all the steps taken by her as police investigator in
connection with the instant cases, and related matters such as the
firearm confiscated.
DEFENSE COUNSEL: Allegations as to qualifications are deemed admitted. All others

are subject to cross, Your Honor.
COURT: Noted. Proceed.
PRIVATE PROSECUTOR: With the permission of the Honorable Court.
PRIVATE PROSECUTOR (to witness):

Ms. Witness, where were you on the evening of April 27, 2013?
RAMOS: I was in my duty at Camp Panopio, sir.
PRIVATE PROSECUTOR: What exactly is your time schedule on that specific date.
RAMOS: 4:00 pm to 12:00 midnight, sir.
PRIVATE PROSECUTOR: Did you recall having taken investigation of a certain Heart
Estabillo on the said date?
RAMOS: Yes, sir.
PRIVATE PROSECUTOR: Did you meet the said Heart Estabillo?
RAMOS: Yes, sir.
PRIVATE PROSECUTOR: If she is inside this courtroom, can you please point to the person
of Heart Estabillo?
*RAMOS points to Heart Estabillo.
INTERPRETER *asks name of the lady being pointed to by Ramos quietly, then speaks*:
Witness is pointing to a lady wearing __________. When asked

who she is, she gave the name of Heart Estabillo.
PRIVATE PROSECUTOR: When did this Heart Estabillo whom you identified approached
you at the police station?
RAMOS: In the evening of April 17, 2003. The duty desk officer turned over
to me the case of the complainant for investigation .
PRIVATE PROSECUTOR: After that, what action did you take, if any?
RAMOS: I took the statement of the complainant, sir.
PRIVATE PROSECUTOR: What else?
RAMOS: I received the pieces of evidence turned over to me. I also

prepared the affidavit of arrest, apprehending officer as well as the
referral letter addressed to the city prosecutor, sir.
PRIVATE PROSECUTOR: I am showing you a three-page statement Heart Estabillo. marked

as Exhibit “A”, given on April 23, 2003, before SPO2 Patricia
Blanca Ramos. What can you say about it?
RAMOS *peruses the document being handed to her by the private prosecutor*:
This is the statement I took from the complainant.
PRIVATE PROSECUTOR: On page 3 it says that the complainant subscribed this statement
which you said was prepared by you. Do you know to whom the
complainant subscribed the document?
RAMOS: *opens the document to page 3* Before the city prosecutor, sir.
PRIVATE PROSECUTOR: Whose signature is this? *points at a signature in the document*
RAMOS: It is the signature of Fiscal Sarji Aldana
* PRIVATE PROSECUTOR takes the document from RAMOS and hands it over to INTERPRETER.*
PRIVATE PROSECUTOR: Alright. Now, you said that aside from the statement of the
complainant, you also prepared other documents. I am showing to
you this two-page report. Please go over this report and tell us the
relation of this report to the earlier one I presented you, if any?
* PRIVATE PROSECUTOR hands over another document to RAMOS. RAMOS peruses the document.*
RAMOS: This is the referral letter I prepared for the City Prosecutor’s
Office.
PRIVATE PROSECUTOR: On the second page of the referral letter concerning these cases
there is typewritten over the name Ryan John Federizo police
inspector, and above it was a signature. Do you recognize whose
signature is this?
RAMOS: Yes, sir.
PRIVATE PROSECUTOR: Whose signature is that?
RAMOS: It is the signature of Ryan John Federizo sir.
PRIVATE PROSECUTOR: How do you know that it is his signature?

RAMOS: He signed it in my presence, sir.
PRIVATE PROSECUTOR: *to the judge* May we request your Honor, that this referral letter
dated April 18, 2003, be marked as Exhibit “C” and that the
signature of Ryan John Federizo be marked as Exhibit “C-1”
COURT: Mark it.
PRIVATE PROSECUTOR: You stated earlier that you received evidence related to this case.
What kind of evidence were turned over to you?
RAMOS: Various object evidence. A .45 caliber pistol with ammunition, a

Mitsubishi Adventure with Plate No. CSV-606, and a Nokia 6210
cellphone with a sim card inserted.
PRIVATE PROSECUTOR: Where is the .45 caliber pistol you mentioned?
*RAMOS produces in front of the PRIVATE PROSECUTOR a .45 caliber pistol with ammunition inside a
resealable bag. PRIVATE PROSECUTOR hands it over to the INTERPRETER*
INTERPRETER: Witness is producing a .45 caliber pistol with Serial Number A414
with marking RJF1 with five ammunition marking RJF -2, RJF -3,
RJF -4, RJF -5 and RJF -6, respectively.
PRIVATE PROSECUTOR: *to judge* May we request, Your Honor, that the pistol be marked
as Exhibit “D”, and the ammunitions be marked as “Exhibits E-I”,
respectively.
COURT: Mark it.
PRIVATE PROSECUTOR: Where is the permit to carry of this gun?
RAMOS: It was turned over to me but the said permit to carry is expired.
*RAMOS produces in front of the PRIVATE PROSECUTOR the expired permit to carry. PRIVATE
PROSECUTOR shows it to the INTERPRETER*
INTERPRETER: Witness is producing the said permit to carry.

PRIVATE PROSECUTOR: May we request that the said expired permit to carrt be marked as
Exhibit “J”.
With regard to the Mitsubishi Adventure with plate number CSV

606, what actions have you taken with this vehicle?
RAMOS: I took pictures of it, sir.
PRIVATE PROSECUTOR: Will you present to this Honorable Court the pictures of the said
vehicle?
*RAMOS hands over pictures to the PRIVATE PROSECUTOR, he looks at them for a short time, then
hands it over to the INTERPRETER*
INTERPRETER *while RAMOS hands over the pictures to PRIVATE PROSECUTOR:
Witness is handing over to the counsel the picture of

the vehicle
PRIVATE PROSECUTOR: Where is this vehicle now?
RAMOS: It was released with its owner, sir. Imelda Dacang.
PRIVATE PROSECUTOR: Who ordered the release?
RAMOS: The Court, sir.
PRIVATE PROSECUTOR: Do you have the registration of this vehicle?
RAMOS: No sir.
PRIVATE PROSECUTOR: How about the driver’s license of the accused?
*RAMOS looks over her folder*
RAMOS: None, sir.
PRIVATE PROSECUTOR: *to judge* May we request, You Honor, that these pictures of the
subject vehicle taken by the witness be marked as Exhibits “K”.
COURT: Mark it.
PRIVATE PROSECUTOR: What was the role of the vehicle in the commission of the crime?
RAMOS: It was used by the accused in kidnapping of the complainant, sir.
PRIVATE PROSECUTOR: If the accused is inside this courtroom, will you be able to point
him?
RAMOS: Yes, sir.
PRIVATE PROSECUTOR: Will you please do.
*RAMOS points to ACCUSED. INTERPRETER asks for his name quietly, which the ACCUSED replies*
INTERPRETER: Witness is pointing to a person, wearing ______________. When

asked of his name, he answered MARK MASIGLAT
PRIVATE PROSECUTOR: Aside from the pistol and the vehicle, what other evidence was
turned over to you?
RAMOS: A cellphone, Nokia 6210, sir. *produces the cellphone*
INTERPRETER: Witness is producing a cellphone, with the brand and model of

Nokia 6210.
PRIVATE PROSECUTOR: This cellphone you produced, what is the relation of that with the
one you just mentioned earlier.
RAMOS: *after perusal* This is the said cellphone, sir.
PRIVATE PROSECUTOR: During your investigation, what is the role of this cellphone to the
case?
RAMOS: It was used for the entrapment operation to apprehend the

accused, sir.
PRIVATE PROSECUTOR: Please give us a brief summary of the entrapment operation you
just mentioned.
RAMOS: MARK MASIGLAT made a text message and sent it to the

complainant stating that they are going to meet and that is the
time we apprehended the accused, sir.
PRIVATE PROSECUTOR: Where was the accused apprehended?
RAMOS: At Baliwag Terminal in Cubao, sir.
PRIVATE PROSECUTOR: When was that?
RAMOS: April 17, 2013.
PRIVATE PROSECUTOR: Who owned the cellphone used in sending text message you
mentioned a while ago?
RAMOS: It was owned by the accused, sir.
PRIVATE PROSECUTOR: Where is the SIM card of this cellphone.
RAMOS: It is attached to the unit, sir.
PRIVATE PROSECUTOR: *to the Judge* May we request, Your Honor, that the cellphone
identified by the witness be marked as Exhibit L, and the SIM
Card attached to the unit be marked as Exhibit M.
COURT: Mark it.
PRIVATE PROSECUTOR: How did you acquire the cellphone of the accused?
RAMOS: It was turned over to me by the apprehending officer, sir.
PRIVATE PROSECUTOR: *To the Judge* That will be all, Your Honor.
* PRIVATE PROSECUTOR goes to his seat.*
COURT: Cross?
* DEFENSE COUNSEL stands up.*
vi. Cross Examination of Police Investigator (PATRICIA RAMOS) (flash this on

the screen)
DEFENSE COUNSEL: With your permission, Your Honor.
DEFENSE COUNSEL: *To witness* When did you call or text the accused by using the
cellphone? Was it before it was turned over to you?
RAMOS: Before my investigation, sir.
DEFENSE COUNSEL: No, no… my question is very clear. Was it before the case was
turned over to you or was it after the case was turned over to you?
PRIVATE PROSECUTOR: Objection, Your Honor. Already answered by the witness, “before
she conducted an investigation”.
COURT: Sustained.
DEFENSE COUNSEL: That will be all, Your Honor. *goes back to his seat*
COURT: *To prosecution* Re-direct?
PUBLIC PROSECUTOR: No re-direct, Your Honor.
COURT: Alright, the testimony of the witness is terminated. You may now
leave the witness stand.
*RAMOS leaves the witness stand.*

vii. Direct Examination of the Medico-Legal Officer (DEXTER COMISO) (flash
this on the screen)
Atty. Principe : We are now presenting Dr. Dexter Comiso, Your Honor, as our last witness.
Court: Swear in and qualify the witness.
Interpreter: Do you swear to tell the truth, the whole truth and nothing but the truth?
WITNESS: Yes, I do.
Interpreter: Please state your name, age and other personal circumstances.
Witness: I am Dr. Dexter Comiso, 33 years old, married, Medico Legal Officer, PNP Crime
Laboratory, Camp Crame, Quezon City.
Atty. Principe: We are offering the testimony of Dr. Carpio, Your Honor, to prove that he is the one who
conducted the physical examination on Heart Estabillo and to testify on his findings and
other matters related thereto. May we proceed you’re your Honor?
Court: Proceed
Atty. Principe: Will the defense counsel admit the qualifications of the doctor?
Atty. Barrios: No, Your Honor.
Atty. Principe: With the kind permission of this Honorable Court
Q: How long have you been connected with the Medico Legal Office?
A: Since 1999, Sir.
Q: Before your employment in 1999 on the same office where did you start your profession as
a doctor?
A: Upon passing the board examination I have my continuous studies at Arellano Law School
and after a year I had my junior officer training program at Camp Crame for six (6) months
and admitted as a Medico Legal Officer, Sir.
Q: In what year?
A: In 1999, Sir.
Q: Previous to 1999, what was your employment?
A: None Sir.
Q: Do we understand that you took your law in Arellano University?
A: Yes, Sir.
Q: Did you take the bar?
A: Not yet, sir.
Q: Since 1999 up to the present how many Medico Legal cases were conducted by you?
A: Approximately 900 to 1000 cases, sir.
Q: And those cases cover what nature mostly?
A: Conducting examination such as autopsy, physical examination of physical injuries

involving sex crimes, Sir.
Q: During the course of your employment starting from 1999 up to the present, have you
taken seminars related to this case?
A: Yes, Sir.
Q: How many seminars, if you can recall?
A: Plenty of courses, seminars and conferences, sir.
Atty. Principe: At this juncture, Your Honor, may I respectfully ask the defense counsel if he is satisfied
with the qualification of the doctor, Your Honor.
ATTY. BARRIOS: Yes. Your Honor, we are satisfied Your Honor and we consider the doctor as an
expert witness.
Court: Place that on record.
Atty. Principe: May we proceed, Your Honor?
Court: Proceed
Q: While reviewing the records of this case, I saw the subpoena sent to you for today’s
hearing requiring you to bring the document relative to your medical examination of a
certain Heart Estabillo, do you have it with you now?
A: Yes, Sir.
Q: Is the request for the medical examination of Heart Estabillo included in that request?
A: Yes, Sir.
Q: You conducted the physical examination of a certain Heart Estabillo, will you please
produce the request?
A: (Witness handling to counsel the Request of patient Coleen Tuazon dated April 17, 2003)
Your Honor.
Atty. Principe: Your Honor, may I request that it be marked as our exhibit “N”
Court: Mark it.
Q: I understand that this is a request and I understand that you submitted the initial report?
A: I have an initial report given to Heart Estabillo and I have a carbon copy of the initial
Medico Legal report of Heart Estabillo dated April 17, 2003.
Atty.: May I request Your Honor that this Medico Legal Report of Heart Estabillo dated April 17,
2003 be marked as exhibit “O”, as previously marked during the pre-trial conference, Your
Honor.
Court: Mark it.
Atty. Principe: In this initial report there is a signature over the name Dexter Comiso, whose signature is
this?
A: My signature, sir.
Atty. Principe: May we request, Your Honor, that the signature be marked as Exhibit “O-1”, Your Honor.
Court: Mark it.
Q: This is an initial Medico-Legal report. Do you have the medico legal prepared after that
initial report?
A: Yes, Sir.
Q: Kindly produce the same.
A: This is the legal report no. M-1231-03 that was released, sir.
(Witness handling to this representation the Medico-Legal Report No. M-1231-03 dated April 24, 2003.
Q: In the item “examined by” there is a typewritten name Dexter Comiso, MD Police Senior
Inspector and there is a signature above. Do you know whose signature is this?
A: Mine, Sir.
Q: And there is also a signature above the typewritten name Vladimir B. Villasenor Chief,
Medico Legal Division. Whose signature is this?
A: That is the signature of the Chief, Sir.
Q: Why do you know that it was the signature of the Chief?
A: I am familiar with the signature of Dr. Villasenor, Sir.
Q: Immediately after the signature of Vladimir Villaseor in the noted typewritten name
Federico Natnat Terte, Police Senior Superintendent (DSC) OIC, Chief Directorial Staff
and there is a signature on top. Whose signature is this?
A: That is the signature of Federico Natnat Terte, Sir.
Atty. Principe: May we now request that the Medico Legal Report be marked as exhibit “P”, the signature
of Dr. Vladimir Villasenor be encircled and marked as exhibit “P-1” and the signature of
Police, Sr. Supt. Federico Natnat Terte be marked and encircled as Exhibit “P-2”, Your
Honor.
Court: Mark it.
Atty. Principe: That would be all, You Honor.
COURT: Cross?
viii. Cross-Examination of the Medico-Legal Officer (DEXTER COMISO) (flash

this on the screen)
DC: With the kind permission of this Honorable Court
Q: Mr. Witness, in this Medico Legal Report No. M-1231-03 dated April 24, 2003 you stated
that “physical injuries”: no external signs of application of any form of trauma”. What do
you mean by that?
A: Meaning there is no trauma in the genital organs, sir.
Q: In other words no injuries were sustained?
A: Yes, Sir!
Q: In your findings in the genital area you indicated that “Deep healed lacerations at 5 & 7
o’clock. Those injuries are not consistent with the alleged time and date of the commission
of rape?
A: Yes, Sir.
Q: In other words, they were inflicted before the alleged incident?
A: Yes, Sir.
Q: When you examined the vagina it is negative for spermatozoa?
A: I did not find any spermatozoa in the victim. It would be that the ejaculation was done in
the outside of the vaginal canal or maybe there was no ejaculation that occurred or in any
circumstances that the ejaculation came out.
Atty. Barrios: That would be all, Your Honor.
Court: Re-direct?
Prosec: None, Your Honor. He is our last witness.
Court: Witness you may now be excused. Are there any other witnesses for the prosecution?
Atty. Principe: No other witnesses. May we request your honor that we be given ten (10) days from today
to submit a written offer of evidence.
Atty. Barrios: May we also be given ten (10) days from receipt within which to file our comment, Your
Honor.
Court: Approved. Order. In today’s hearing, the prosecution presented its witnesses, complainant
Heart Estabillo, apprehending officer SPO3 Federizo, investigating officer SPO2 Ramos
and Dr. Dexter Comiso, medico-legal officer. The prosecution has completed its
presentation of evidence. Upon the request of the prosecution, they are hereby given ten
(10) days from today or until ________________ to submit their Formal Offer of Evidence.
The defense is also given ten (10) days from receipt to submit their comment on the formal
offer of evidence. The next hearing is set on __________.
END OF PART 1 PRESENTATION
PART 2:
a. DEFENSE WITNESSES
Interpeter : All rise.
ALL: Almighty God, We stand in your Holy Presence as our Supreme Judge. We humbly
beseech You to bless and inspire us so that what we think, say and do will be in accordance with Your will.
Enlighten our minds, strengthen our spirit and fill our hearts with fraternal love, wisdom and understanding,
so that we can become effective channels of truth, justice and peace. In our proceedings today, guide us in
the path of righteousness for the fulfillment of Your greater glory. Amen
Interpeter: The court is now in session. Honorable Judge Ike Cimafranca is presiding.
Judge : Call the case.
Clerk of Court: People of the Philippines vs Mark Masiglat
Criminal Case Nos. Q-03-1430 and Q-03-1431
Prosecutor : City Prosecutor Sarji Aldana for the State, your Honor.
PC : Same appearance for the prosecution, your Honor.
DC1 : Same appearance for the accused, your Honor.
DC2 : Atty. Tan appearing as co-counsel for the accused, your Honor.
Court : Today is the initial presentation of the evidence for the accused. Are you ready,
counsel?
DC : Yes, Your Honor. We will present the accused, Mark Masiglat.
Court : Call the witness.
Interpreter : Ikaw ba ay nanunumpang magsasabi ng katotohanan, buong katotohanan at

pawing katotohanan lamang?
Masiglat : Opo.
Interpreter : Maaari mo bang ilahad ang iyong pangalan, edad, tirahan at trabaho?
Masiglat : Ako po si __, walang asawa, ____ taong gulang, nakatira sa____ at ang aking
trabaho dati ay isang _____.
DC : Your Honor, we are presenting the testimony of the accused, Mark Masiglat, to
prove the true events that transpired on April 16, 2003, that he did not commit any of the crimes hurled
against him, and to prove other matters related to this case.
Prosecutor : Subject to cross.
Court : Proceed
ix. Direct Examination of the Accused (MARK MASIGLAT) (flash this on the
screen)
Q1: Maari mo bang ilahad kung sino ka at kung bakit ka natatawag sa hukumang ito?
A1: Ako po si _________ . Nagpaparenta po ako ng van at paminsan minsan ako po ang nagdri-drive nito.
Inaresto po ako kasi kinidnap ko daw po at ginahasa si Ms. ________.
Q2: Nasabi mo na nagpaparenta ka ng van? Maari mo bang sabihin kung anong van ito?
A2: Adventure po sir.
Q3: Bukod sa pagpaparenta sa naturang van, ano pa ang ginagawa mo maliban dito?
A3: Kapag po di naupahan yung van, pinapabyahe ko po. Yung biyahe po ay mula Cubao pa Cabanatuan.
Q4: Maaari mo bang ilahad kung paano yung pagbiyahe mo mula Cubao pa Cabanatuan?
A4: Ganito po yun Atty. Pipila po kami dun sa Cubao Terminal hanggang sa mapuno yung sasakyan. Mga
sampu po ang kasya dun sa sasakyan. Tapos po biyahe na po kami mula Baliway Cubao Terminal
hanggang Cabanatuan Terminal. Pagdating po sa Cabanatuan magsabi kami dun sa dispatcher at pila po
ako ng biyahe pabalik ng Cubao Terminal. Ganun po.
Q5: Mga ilang biyahe mula Cubao pa Cabanatuan at pabalik ang nagagawa mo sa isang araw?
Q5: Madalas po ISA lang pero paminsan minsan nakakapag dalawa pong ikot.
Q6: Kilala mo ba yung complainant na si Ms Heart Estabillo?
Q6: Opo.
Q7: Maari mo ba siyang ituro?
A7: Opo. <Ituro si Biktima>
Interpreter: Witness is pointing to a woman wearing ______. When asked of her name, she said her
name is Heart Estabillo.
Q8: Maaari mo bang ilahad kung papaano mo nakilala ang nagrereklamo?
A8: Nung nabiyahe po ako mula Cabanatuan pabalik ng Cubao sumakay po siya sa may Bocaue.
Q9: Naalala mo ba kung anong araw at oras kayo unang nagkita?
A9: Sa pagkakatanda ko po ah Holy Tuesday yun. Mga alas otso po ng gabi.
Q10: Saan siya pumwesto nung sumakay siya sa van mo?
A10: Sa harapan po. Katabi ko.
Q11: May iba pa bang nakasakay sa Van mo nung mga oras na iyon?
A11: Opo. May apat pa pong ibang nakasakay sa van. Dalawa po sa gitna at dalawa po sa likod.
Q12: Pagkatapos sumakay ni Ms. Estabillo, ano ang mga sumunod na nangyari?
A12: Nagpatuloy po ako sa pagmamaneho.
Q13: May iba pa bang nangyari habang ikaw ay nagmamaneho?
A13: Nakipagusap po ako kay Ms. Estabillo.
Q14: Maaari mo bang mailahad kung anu-ano ang napagusapan niyo ni Ms. Estabillo?
A14: Opo. Naguusap po kami tungkol sa kaniya kaniya naming buhay. Naikwento niya po sa akin na galing
siyang trabaho. Na siya daw po ang nagpapaaral sa mga kapatid niya. Na nahihirapan at napapagod siya.
Ako namna naikwento ko na nasa ibang bansa ang aking asawa. Mga ganun po.
Q15: May iba pa ba kayong napagusapan maliban dito?
A15: Binola-bola ko po siya tapos sinabi ko po na matutulungan ko siya kung gusto niya.
Q16: Anong naging sagot ni MS. Estabillo sa mga sinabi mo?
A16: Wala po tahimik lang siya.
Q17: Ano nangyari makatapos nun?
A17: Nagsibabaan po yung ibang pasahero sa Aurora at pagkatapos po ay bumalik na ako sa Baliwag
Terminal sa Cubao.
Q18: Anong sumunod na nangyari makatapos nun?
A18: Nakasakay pa rin po siya dun sa harapan. Di naimik. Nagtanong po ako kung “ano na?”
Q19: Anong sagot niya sa tanong mo?
A19: Wala po siyang sagot. Tahimik lang po siya.
Q20: Anong sumunod na nangyari makatapos siyang di sumagot?
A20:Nagdrive po ako pa Sta. Mesa galing Aurora Boulevard.
Q21: Maaaring ko bang tanungin kung bakit ka nagdrive papunta dun?
A21: Pupunta po kami ng hotel.
Q22: Anong Hotel?
A22: Yung Gardenia Hotel po.
Q23: Pagdating niyo sa gardenia hotel ano ang nangyari?
A23: Nagintay po kami ng 2 minutes kasi wala pong room available tapos nilapitan po kami ng bellboy
nung mayroon na pong available na room.
Q24: Nakipagusap ka ba sa bellboy?
A24: Opo. Nasabi ko po sa kanya na kailangan ko ng garage room.
Q25: Maari ko bang malaman kung anong naging sagot ng bellboy ng sabihin mo na kailangan mo ng
garage room?
A25: Nagtaka po siya and tinanong ako kung bakit. Sinagot ko po siya na mahirap buksan at sira yung
bintana ng sasakyan ko at hirap ako umatras.
Q26: Maari bang malaman ng hukumang ito kung bakit mahirap buksan ang bintana ng sasakyan na gamit
mo?
A26: Nakawire po kasi ito.
Q27: Nang masabi mo sa bellboy ang kondisyon ng sasakyan mo, paano kayo nagusap ng bellboy?
A27: Binuksan ko po yung pinto.
Q28: Maari ba naming malaman kung gaano kalawak ang bukas ng pinto nung nakikipagusap ka sa
bellboy?
A28: Opo. Mga ganito po. <Demonstrate>
Interpreter: Witness is demonstrating the width with his hands, and it is approximately _______.
Q: Ano ang sumunod na mga pangyayari?
A: Pumasok na po kami, tapos dun sa kwarto nandun pa po yung bellboy may ginagawa pa po sya.
Q1: Nasabi mo na may ginagawa yung bellboy bago kayo pinapasok sa kwarto. Maaari mo bang sabihin
kung ano iyon?
A1: Nung pumasok po kami nakita po naming yung bellboy na naglilinis at umalis din po makatapos.
Q2: Mga gaano katagal naglinis ang bellboy?
A2: Sandali lang din po. Umalis din po siya agad pagpasok po naming ng kwarto.
Q3: Maaari mo bang ilahad kung ano ang pangalan ng hotel na pinuntahan ninyo?
A3: Gardenia Hotel po.
Q4: Saan ito Gardenia Hotel na tinutukoy mo?
A4: Sa Sta. Mesa po.
Q5: Bakit ayon sa salaysay ng nagrereklamo ay sa Town and Country Club mo daw siya dinala?
Court: Please confront the witness with that statement.
Defense: I will go over my notes you Honor. I am sorry your honor but I don’t have the TSN.
Court: Please withdraw that question.
Defense: Im proving that it is in Town and Country Club your honor. But I will confront the witness next
time.
Q6: Sino ang kasama mo nung pumasok ka sa Gardenia Hotel
A6: Si Ms. Estabillo po.
Q7: Pagkatapos niyong pumasok ni Ms. Estabillo sa kwarto. Ano ang sumunod na pangyayari?
A7: Nagpunta po siya sa Comfort Room sir.
Q8: Ano pa ang mga sumunod na nangyari?
A8: Nanood po ako ng TV habang iniintay si Ms.Estabillo.
Q9: Nasabi mo na nasa loob ng comfort room si Ms. Estabillo. Mga gaano katagal siyang nasa loob ng
comfort room?
A9: Mga dalawa hanggang tatlong minuto po sir.
Q10: Makatapos and dalawa hanggang tatlong minutong pananatili ni Ms. Estabillo sa comfort room.
Anong mga sumunod na nagyari?
A10: Nung lumabas po siya ng comfort room ay nakaupo ako sa kama. Umupo din po siya kama katabi ko.
Q11: Anong sumundo na nangyari?
A11: Hinalikan ko po siya sa leeg.
Q12: Gaano katagal mo siyang hinalikan?
A12: Sandali lang po.
Q13: Anong sumunod na nangyari?
A13: Hinubaran ko po siya.
Q14: Sinabi mong hinubaran mo siya. Anong suot niya na hinubad mo?
A14: Yung blouse po niya.
Q15: Anong nangyari pagkatapos mong hubarin ang blouse niya?
A15: Hinalikan ko po yung dibdib niya.
Q16: Anong nangyari pagkatapos mong halikan ang dibdib niya?
A16: Hinawakan ko po ang kamay niya at pinahawakan sa kanya ang ari ko.
Q17: Anong naging reaksyon niya ng gawin mo yun?
A17: Wala po.
Q18: Anong mga sumunod na nangyari?
A18: Niyakap po niya ako tapos binuksan ko po yung zipper ng pants niya at tumayo po siya para alisin
yung pants niya.
Q19: Ano naming ginagawa mo habang inaalis niya ang pants niya?
A19: Inaalis ko rin po yung pants ko.
Q20: Ano pang sumunod na nangyari?
A20: Hinawakan ko po yung ari niya at ipinasok ang daliri ko sa ari niya.
Q21: Ano pang sumunod na nangyari makatapos nun?
A21: Niyakap po niya ako, hinawakan ang ari ko at ipinasok sa ari niya.
A22: Nagtalik po kami.
Q23: Mga gaano katagal kayong nagtalik?
A23: Matagal din po. Pumatong pa nga po siya sa akin eh.
Q24: Anong sumunod na nangyari makatapos niyong magtalik?
A24: Nagbihis na po ako.
Q25: At bakit?
A25: Kailangan ko pa pong magmaneho.
Q26: Saan ka naman magmamaneho?
A26: Kailangan ko pa pong magmaneho pa Cabanatuan sir.
Q27: Maari mo bang ikwento kung anong ginagawa ni Ms Estabillo habang nagbibihis ka?
A27: Nagbibihis din po siya.
Q28: Ano pang ginawa mo?
A28: Pagkatapos ko pong magbihis, uminom po ako ng tubig at inabot kay Ms. Estabillo yung P600 na
bayad ko sa kanya.
Q29: Anong sumunod na nangyari pagkatapos mo iabot ang P600 kay Ms. Estabillo
A29: Nanood po kami ng TV at sinabi sa kanya na tawagin po yung bellboy
Q30: Pagkatawag niya sa bellboy, anong sumunod na nangyari?
A30: Nag ring po yung door bell makalipas ang ilang minuto.
Q31: Anong sumunod na nangyari makatapos tumunog ang door bell?
A31: Binuksan ko po yung pintuan, nakita ang bellboy at nagbayad po.
Q32: Magkano ang binayad mo sa bellboy?
A32: Mga P200 po.
Q33: Pagkatapos mong bayaran ang bellboy anong sumunod na nangyari?
A33: Tinawag ko po si Ms. Estabillo at bumaba na po ako.
Q34: Maari mo bang sabihin sa hukumang ito kung anong sumunod na nangyari makatapos mong tawagin
si Ms. Estabillo
A34: Pinatigil po ako ng bellboy at sabi niyang i-check daw po muna niya yung kwarto.
Q35: Anong nangyari pagkatapos i-check ng bellboy ang kwarto?
A35: Sumakay na po kami ng sasakyan sir.
Q36: Nasaan yung sasakyan ng mga oras na yun
A36: Nasa garahe po kasi ayaw po kami paalisin nung bellboy hanggat di pa niya tapos i-check yung
kwarto.
Q37: Gaano katagal bago natapos i-check ng bellboy ang kwarto?
A37: Mga dalawang minute sir
Q38: Anong sumunod na nangyari makatapos nun?
A38: Chineck ko po yung baril ko nakatago sa ilalim ng upuan ko.
Q39: Paano mo chineck ang baril mo?
A39: Nilabas ko po yung baril and inilagay sa upuan sa pagitan namin ni Ms. Estabillo
Q40: Pagkatapos mong ilagay sa upuan sa pagitan ninyo ni Ms Estabillo, ano ang sumunod na nangyari?
A40: Sabi ko po ito yung baril
Q41: Sinabi mo na kinailangan mong intayin na payagan kayo ng bellboy na umalis, maaari mo bang
sabihin kung mga anong oras na kayo nakaalis?
A41: Mag 11’o clock na din po siguro yun ng gabi.
Q42: Anong sumunod na nangyari matapos kayo payagan ng bellboy na makaalis?
A42: Nagmaneho po ako patungong Cubao sir.
Q43: Nakarating ba kayo ng Cubao?
A43: Opo sir.
Q44: Anong sumunod na nangyari pagdating niyo sa Cubao?
A44: Nung makarating po kami ng Cubao, nakita po naming sarado na ang SM. Sinabi ko po kasi na bibili
ko siya ng blouse at wallet.
Q45: Nang makita niyong sarado na ang SM Cubao, anong sumunod na nangyari?
A45: Nairita po siya tapos kinuha yung wallet ko sa dashboard ng sasakyan ko.
Q46: Anong sumunod na nangyari makatapos kunin ni Ms Estabillo ang wallet mo?
A46: Kinuha ko po yung wallet mula sa kamay niya.
A47: Tinigil ko po yung sasakyan ko.
Q48: Nasaan kayo ng itigil mo ang sasakyan mo?
A48: Sa SM. Sta Mesa po.
Q49: Anong ginawa mo makatapos mong itigil ang sasakyan mo?
A49: Sinabunutan ko po siya.
Q50: Anong naging reaksyon niya nang gawin mo yun?
A50: Nagalit po siya at sinabihan ako ng hayop.
A51: Nagmaneho po ako pabalik ng Cubao.
Q52: Anong nangyari pagdating niyo sa Cubao?
A52: Binaba ko po si Ms. Estabillo dun
Q53: Saan nagpunta si Ms Estabillo after niyang bumaba sa sasakyan mo
A53: Hindi ko po alam.
Q54: Ikaw naman, saan ka nagpunta?
A54: Bumalik po ako sa terminal ng FX.
Q55: Anong nangyari pagdating mo sa terminal ng FX?
A55: Bumalik na po ako sa pila para makabiyahe.
Q56: Gaano ka katagal nagintay sa pila?
A56: Mga 30 to 45 minutes po.
Q57: Anong sumunod na nangyari makatapos mong magintay sa pila?
A57: Minaneho ko po yung sasakyan ko pa San Carlos, Pangasinan.
Q58: Sinabi mong bumiyahe ka pa San Carlos, Pangasinan. Mga anong oras ka nakaalis?
A58: Mga makalagpas 11pm na po yun.
Q59: Sa parehong petsa to tama?
A59: Opo sir
Q60: Maaari mo bang sabihin mga anong oras bumaba si Ms. Estabillo sa sasakyan mo?
A60: Mga makalagpas 10pm po yun
Q61: Nasabi mong makalagpas 11pm na ng gabi ka nakaalis ng terminal. Mga anong oras ka na
nakarating ng San Carlos, Pangasinan?
A61: Mga alas kwatro po ng umaga kinabukasan.
Q62: Pagdating mo sa San Carlos. Saan ka nagpunta?
A62: Bumalik po ako sa terminal sa Cabanatuan sir.
Q63: Mga anong oras ka na nakabalik ng Cabanatuan?
A63: Mga alas singko medya po ng umaga sir.
Q64: Anong sumunod na nangyari pagdating mo sa Cabanatuan Terminal?
A64: Nagpaalam po ako sa dispatcher at umuwi na po ako.
Q65: Saan ang bahay mo?
A65: Sa Bangag po sir.
Q66: Gaano katagal bago ka nakarating sa Bangag?
A66: Mga 15 minutes po.
Q67: Anong ginawa mo pagdating mo sa bahay?
A67: Natulog po.
Q68: Mga anong oras ka na nagising?
A68: Mga tanghali na po sir
Q69: Anong ginawa mo pagkagising mo?
A69: Naligo po,
Q70: Pagkatapos mo maligo anong sunod na ginawa mo?
A70: Chineck ko po yung sasakyan ko at nagtungo po sa terminal.
Q71: Anong nangyari sa terminal?
A71: Pumila po ako ulit at umalis ng mga ala una ng hapon.
Q72: Saan ka nagtungo mula Cabanatuan?
A72: Pa Cubao po
Q73: Anong oras ka nakarating ng Cubao?
A73: mga alas kwatro po
Q74: Anong nangyari sa Cubao Terminal?
A74: Pinarada ko po yung sasakyan ko sa may GS Transport sa Edsa sir
Q75: Nakabiyahe ka pa ba?
A75: Hindi na po sir.
Q76: At bakit?
A76: Inaresto po ako sir habang kinakausap yung dispatcher.
Q77: Maaari mo bang sabihin kung sino ang umaresto sa iyo?
A77: Di ko po maalala eh. Pero naaalala ko po na kasama yung malaking pulis na tumestigo.
Q78: Naalala mo ba kung sino yung tumestigo at umaresto sayo?
Q78: Siya po yung huling tinawag na witness ng kalaban ko.
Court: Place on record that the first witness presented by the prosecution was Dr. Dexter Comiso on
October 3 on his direct testimony and cross examination
Defense: May I ask if the statement of the Honorable Court that he is a medico legal officer
Court: Yes
Defense: But the witness described him as a stout person Your Honor
Court: No there is no such explanation. Please rephrase your question counsel.
Defense: Because your honor the witness testified that the last witness who testified here was a stout
person.
Court: Alright, the question was “who arrested you?’ and the answer would be “it was the stout police
officer the last witness presented by the prosecution” Is that correct? Is that the correct interpretation?
Defense: Yes your honor we submit
Q79: Maliban sa sinabi mong umaresto sa iyo, maaari mo bang sabihin kung sino pa ang ibang taong
umaresto sa iyo?
A79: Tatlo po sila na umaresto sa akin eh. Di ko na po maalala kung sino sila pero naaalala ko po si Lt.
Gatus sir.
Q80: Sinabi mo na inaresto ka, anong ginawa mo habang inaaresto ka?
A80: Tinataong ko po kung bakit ako inaaresto at sinasabi ko rin po na wala po akong ginawang masama.
A81: Nakaposas na po ako at bibitbitin ako sa presinto.
Q82: Saang presinto ka dinala?
A82: Sa police station 7 po dun daw po nila ako kakausapin.
Q83: Saan matatagpuan itong presintong ito?
A83: Sa loob po ng Camp Panopio, P. Tuazon Street sir
Q84: Anong sinabi nila sa iyo kung bakit ka nila dinala doon?
A84: Wala po silang sinasabi pero naglabas po ng picture yung isa tas tinanong po ako kung kilala ko daw
po ba yung nasa picture.
Q85: Sino yung nasa picture?
A85: Si Ms. Estabillo po.
Q86: Pagkatapos ipakita sa iyo yung picture anong sumunod na nangyari?
A86: Hinawakan po ako sa leeg nung isa sa mga pulis.
Q87: Anong sumunod na nangyari pagkatapos kang hawakan sa leeg ng isa sa mga pulis?
A87: Narinig ko po sila na kausap si Ms Estabillo sa cellphone at sinasabing nandito na yung sasakyan.
A88: Dinala na po nila ako sa station 7
Q89: Habang papunta kayo sa station 7 maaari mo bang sabihin sa korteng ito kung anong nangyari?
A89: narinig ko po sila na sabihin na andun na daw po yung baril and dalhin na din daw po yung sasakyan.
I drive na daw po.
Q90: Anong sumunod na pangyayari pagkatapos nun?
A90: Nadala po ako sa station 7 at kinausap po nila ako dun.
Q91: Anong sinabi nila sa iyo?
A91: Sinabi po nila na may kaso daw po nakasampa laban sa akin
Q92: Anong sinabi mo sa kanila?
A92: Sinabi ko po na wala po akong ginawang kasalanan.
Q93: Anong nangyari habang naguusap kayo ng mga pulis?
A93: Sinabi po nila na magbigay daw po ako ng P150,000 para makalaya.
Q94: Anong sinabi mo nung hiningan ka ng mga kapulis ng P150,000?
A94: Sabi ko po gusto ko pong makausap yung nanay ko.
Q95: Anong sabi nila nung sinabi mo na gusto mong makausap ang nanay mo?
A95: Hindi po sila pumayag sir
Q96: Nakausap mo ba ang nanay mo?
A96: Hindi po sir.
Q97: Kailan mo na nakita ang nanay mo?
A97: Kinabukasan po.
Q98: Ano pang sumunod na nangyari ng dumating ang nanay mo sa presinto?
A98: Kinausap po nila ang nanay ko.
Q99: Alam mo ba kung ano ang napagusapan ng mga pulis at ng iyong ina?
A99: Sabi po ng nanay ko humihingi pa rin daw po sila ng P150,000
A100: Nagusap po kami ng nanay ko. Umalis po sila pa Cabanatuan pagkatapos. Nung bumalik po sila
may dala na po silang pera at kasama na po nila si Atty. ____
Q101: Anong napagusapan niyo pagbalik nila?
A101: Na inabisuhan daw po sila ni Atty. _____ na wag magbayad at ilaban na lang ang kaso.
A102: Gusto na po sanang makipag areglo ng pamilya ko pero ayaw na po ng mga pulis dahil daw po
gusto nang ilaban ni Atty. ____
A103: Dinala po ako para i-inquest sir
Q104: Saan nangyari itong inquest?
A104: Sa taas po nung building kung saan ako nakadetain.
Q105: Kailan ginawa itong inquest sa iyo?
A105: Di ko na po maalala.
Q106: Gaano katagal mula sa araw ng iyong pagkakaaresto bago ka na inquest?
A106: Mga tatlong araw po makatapos akong arestuhin.

Defense: Your honor I have to defer my direct examination because I have to present the physical
evidence presented by the prosecution
Court: What are you going to do with those exhibits?
Defense: For the witness to identify those exhibit your Honor
Court: What are those exhibits?
Defense: The cellphone the gun and others your honor
Court: All exhibits testimonial or physical?
Defense: Physical evidence your honor.
Court: The court read all the exhibit listed in the record. Let the direct examination of the witness be
continued.
x. Cross-Examination of the Accused (MARK MASIGLAT) (flash this on the

screen)
Court: Cross?
PC: With your kind permission.
Q: During your direct examination you stated and I quote “how did you acquire this Adventure van, is this
yours?” Do you recall this answer of yours?
A: Yes sir.
Q: Would you produce before the court the certificate of registration and the official receipt of said
adventure van if you are really the owner?
A: It is possible sir.
Q: Where is this Certificate of Registration and Official Receipt?
A: It must be with Atty. Ong, my counsel, sir.
Defense: There was a motion to release the motor vehicle during the proceedings in this case and the
same was already released your honor.
Court: But it is being asked if the copy of the certificate of registration and official receipt is with him.
Witness: This is it sir
<witness handed a copy of the document>
Prosecutor: This is eligible Your Honor
Defense: I will read the official receipt is named Glenda Dacanay and the Certificate is also in the name of
Glenda Dacanay
Q: So you not telling the truth because during the direct examination you answered that you are the owner
of that van?
A: I was telling the truth sir.
Q: Then why is is that your lawyer presented this official receipt and certificate of registration in the name
of Glenda Dacanay?
A: Glenda Dacanay and I executed a Deed of Sale concerning this motor vehicle sir
Q: Can you produce a copy of that Deed of Sale? So that we can verify and compare it with this
photocopy?
A: Yes sir. I believe it is in the possession of Atty. Ong
Q: Where is the permit issued to you in Cabanatuan to show that you were authorized from your route from
Cabanatuan to Cubao?
A: It is with Atty Ong <witness poiting to counsel>
Defense: May I explain your honor?
Court: Yes?
Defense: We had an agreement that his sister will bring the document.
Court: Next Question.
Defense: May I move for the indulgence of the Court. I will ask the sister your honor
Court: This court will call for a recess
<PAUSE for a while to act as if recess>
<HEARING RESUMES>
Court: Do you now have the permit?
Prosecutor: The Deed of Sale your honor
Court: But you were asking for...
Defense: The Permit your honor. The copy of the same permit is in the possession of the accused but he
left it in the Quezon City Jail.
Q: Would you kindly produce that permit?
A: <Witness pointing to counsel>
Q: Do you agree with me that this is just a permit from your association in Nueva Ecija?
Defense: May we ask counsel that the same permit be read from the record as the basis of certification.
Prosecutor: This is the permit already issued from the association in Nueva Ecija already recorded.
Defense: No Your Honor. May we ask counsel that the contents be read to the witness.
Court: The court is aware of that with high respect to the contents of the receipt otherwise that permit will
not be brought to the Court.
Q: This is the certification for Cabanatuan Nueva Ecija bound to Camachili to Cubao and I quote “This si to
certify that Mr. Arnel Sision is a bonafie member of Cabanatuan, Nueva Ecija bound to Camachili to Cubao
since 2002 with plate No. CSV606 This Certification is being issued for whatever purpose it may have”
Are you aware of this?
Court: What date?
Prosecutor: September 21,2005 Your Honor
Q: Do you confirm that this is a permit of your association?
A: Yes sir
Q: You mentioned that on April 16 2003 on your way to Cubao you pick up a passenger in Bocaue? Where
in particular in Bocaue?
Court: Don’t ask that question counsel. Everybody knows that Bocaue is in Bulacan. You don’t have to ask
him that kind of question. Your question is immaterial. Rephrase your question. Go straight to the point.
Q: You mentioned that sometime on or about 8pm on April 16,2003 you picked up the victim in Bocaue
Bulancan. What particular part in Bocaue?
A: Along the tool gate in Bocaue sir
Q: How many passengers did you pick up at the time aside from the victim?
A: Only Ms. Estabillo sir
Q: At the toll gate in Bocaue, Bulacan the headquarters of the Driver’s association is located.
Court: Counsel that is not part of the direct testimony of witness.
Prosecutor: Your Honor my point is that...
Court: Go to another question or reform your question counsel.
Q: Do you agree with me that Ms. Estabillo occupied the front seat at that time considering that the middle
and the back seat are already full?
A; No sir. The back seat is still vacant.
Q: Before April 16, 2003 the day when incident took place, you already knew Ms. Estabillo is it not?
A; Not yet sir.
Q: Do you mean to say that that was the first time you met her?
A; Yes sir.
Q: Were you running your vehicle full of passengers?
Court: Counsel, what is that? Whether full load or not that is immaterial to the case. You go directly to the
point. Go to the next question.
Q: Were you able to reach Cubao on April 16, 2003?
A: Yes sir
Court: Please specify the time counsel.
Q: Did you arrive at Cubao at about 8:30pm?
A: Yes sir
Q: How many passengers were left when you reach Cubao?
A: Five sir including Ms. Estabillo. The four however alighted in Cubao and only Ms. Estabillo remained.
Q: Where did Ms. Estabillo alight at that time? Did she alight?
A: She did not alight the vehicle sir
Q: By the way, the first time you say Ms. Estabillo were you attracted?
A: No sir
Q: What happened when you stated that she did not alight when you reached Cubao?
A: I made a u-turn in Aurora Blvd. before going to our dispatcher
Q: If i remember correctly your answer when I asked you if you were attracted to Ms. Estabillo when you
first met was that you did not find her attractive. I recall that you testified in your direct testimony that you
offered Ms. Estabillo signature pants, shirt, and a certain amount of money. Why offer this then if you were
not attracted to her?
A: Actually I did not offer her.
Q: But in your direct testimony your answer was and I quote: Binola-bola ko siya and I told her that I will
give her some signature items and an amount of money. Please go over these and confirm whether these
were your answers.
A: Yes sir.
Q: So it is true that you offered him the signature clothes and the amount mentioned.
Defense: Already answered your honor
Prosecutor: This is a follow up question
A: Yes sir
Q: Because the truth is you were attracted to her?
A: No sir.
Q: What clarification on that point that you were not attracted to her but you are interested to Ms. Estabillo?
A: No sir
Prosecutor: Moving on. Your Honor may we request the physical evidence...
Court: What are these counsel?
Prosecutor: The 45 caliber pistol, the maong pants, and the cellphone. In the meantime I will start your
honor with your permission.
Court: Granted.
Q: Mr. Witness, on April 16 2003 at the time all the other passengers alighted in Cubao, Ms. Estabillo
remained as your passenger is it true?
A: Yes sir
Q: At the time, she gave you one hundred as far?
A: No sir
Q: How much was the fare from Bocaue to Cubao?
A: Thirty pesos sir.
Q: And if Coleen did not give you one hundred, how much was she offering as fare?
A: She did not offer any amount as fare.
Q: And what did you do afterwards?
A: I asked her where she is going, she did not say anything so I proceeded to execute a u-turn towards the
place of our dispatcher.
Q: Why did you proceed towards the dispatcher?
A: For my vehicle to be listed for another trip back to Cabanatuan.
Q: And you want to make us believe that you did a listing when Coleen was still inside your vehicle?
Defense: There is no such premise as concluded by counsel, you want to make us believe...
Court: Sustained, reform the question.
Q: And Ms. Estabillo was still inside your vehicle when you saw the dispatcher and got your name listed?
A: Yes sir
Q: After you got your name listed to the dispatcher, where in particular did Ms. Estabillo alighted.
A: We proceeded to a hotel and we alighted there.
Q: During your direct examination, you identify this 45 caliber pistol that you brought on the night of April
16, 2003?
A: Yes sir
Q: In fact, this is the same 45 caliber pistol that you used in poking at Ms Estabillo and forced her to bring
down to the Town and Country Motel?
Defense: We object, that is misleading, that was not part of the testimony of the witness. Your honor, the
difference between allegation and testimony...
Court: You refer now to the script
Prosecution: Your Honor please at any rate this is cross examination he can say yes or no.
Court: Objection sustained. Confront the witness with the transcript.
Prosecution: Yes your honor. I will rephrase the question.
Q: Did you poke that gun on Ms. Estabillo on April 16, 2003 immediately after listing with the dispatcher?
A; No sir.
Q: Was this gun with you when you entered the Town and Country Motel on the same date?
Defense: May I clarify as to whether the gun was brought inside or not because on the direct testimony of
the witness, he admitted that the gun...
Court: That is why it was being asked.
A: No sir. I did not bring it with me into the motel.
Q: Where did you place that 45 caliber pistol when you entered the motel?
A: I left it at the lower portion of my driver’s seat of my vehicle sir.
Q: I recalled that you testified that you placed that 45 caliber pistol between you and Ms Estabillo am I
right?
Court: Confront the witness with the transcript
Prosecution: My only problem is that the transcript is voluminous. I will just rephrase my question
considering that...
Court: Question Withdrawn.
Q: At that time that you left the dispatcher where Ms. Estabillo was seated as the passenger, was there an
occasion that you place the .45 caliber pistol between you and ms. Estabillo when the vehicle was
running?
A: No sir
Q: Your Mitsubishi Adventure, the one you used on April 16, 2003 was it tinted?
A: Heavily tinted sir.
Q: So when you entered that garage of the Town and Country Motel, am I right if I say that you open a little
the left side window and called the bellboy?
A: No sir.
Q: How did you call the bellboy when you were already inside the garaged?
A: The bellboy approached us sir
Q: And that was the time you opened a little the window on your left side?
A: No sir it was closed.
Q: How did you talk to the bellboy?
A: I opened the door sir
Q: You are referring to the left door?
A: Yes sir it was the left door
Q: And at that time that you opened the right side door where Ms. Estabillo was seated?
A: No sir
Q: So how did Ms. Estabillo alight at that particular time?
A: She just alighted from the vehicle.
Q: The truth Mr Witness is that you forcefully pushed Ms. Estabillo at that time?
A: No sir
Q: You even pushed her in front of the room of the motel?
A: No sir
Q: In fact that time she was crying?
A: No sir
Q: In truth she was pleading to you?
A: No sir
Q: You were present when she testified “Nagmamakaawa ako sayo hindi ako ganong babae”?
A: No sir
Q: And when you entered the room, is it not a fact, Mr. Witness, that you again pushed her on the bed?
A: No sir
Q: According to your testimony you unsealed the zipper and she stood up removed her pants herself. Is
that right?
A: Yes sir
Q: I am now showing to you this pants which you also testified during your direct examination marked as
Exhibit I for the prosecution in relation with your testimony that you unsealed the zipper and will you admit,
Mr. Witness, that this is not a broken zipper, this particular pants here in your direct-examination?
A: I did not say that the zipper is broken sir
Q: I will quote your testimony when you said that you unsealed the zipper of her pants. This particular
pants was presented to you by your lawyer and that the zipper was destroyed.
Defense: We object to the...
Prosecution: This was presented to you by your lawyer
Defense: Your honor, that is different. When you say unseal, you do not destroy your honor you merely
unseal. It is not to destroy your honor. When that pants was presented it was already destroyed. There was
no testimony by the witness that the seal of the zipper was ever destroyed during the direct-examination.
Prosecution: That is the point. When it was presented, the zipper was already destroyed.
Defense: When the pants was presented by the prosecution it was already destroyed. There was no
mention by the witness that the zipper was destroyed by him.
Prosecution: This is cross-examination he can deny or admit it
Court: Answer the question
Defense: It will be misleadeing your honro
Court: Let him answer there is a ruling
A: Yes sir.
Q: The truth is it was you who destroyed such at that time?
A: No sir
Q: The testimony of yours that Ms. Estabillo removed her pants and kissed you are all concocted stories?
A: No sir
Q: Going back to this point of the illegal possession of firearms do you have a license of this 45 caliber?
Defense: The record will show that there was a license but it was expired
Prosecution: I am cross-examining the witness let him answer
A: I have sir
Q: Where is it?
A: It was already presented to the court.
Defense: In fact it was part of the evidence of the prosecution
Court: place on record the manifestation of defense counsel
Q: Will you agree that the license was already expired when the time it was presented during the
prosecution’s presentation?
A: Yes sir
Prosecution: That would be all your Honor
Court: Redirect examination?
Defense: No redirect examination your honor.
Court: Witness is now excused.
xi. Direct Examination of the Mother of the Accused IVY GRAVAMEN) (flash this
on the screen)
ATTY. SISON:
We are presenting Mrs. IVY GRAVAMEN, Your Honor.
COURT:
Swear in and qualify the witness.
INTERPRETER:
Do you swear to tell the truth, thw whole truth and nothing bit the truth?
WITNESS:
Yes, I do.
INTERPRETER:
Please state your name, age and other personal circumstances.
WITNESS
______________________, 60 years old, Married, meat vendor and a Resident of Barangay Bangad,
Cabanatuan City, after having Been duly sworn to in accordance With law, testifies as follows:
ATTY SISON:
We are offering the testimony of this witness to prove the reason why this case was filed because
she filed an Extortion committed by the policeman in conspiracy with the victim to prove the extortion
committed by the policeman. She will corroborate the testimony of Mark Masiglat. May we proceed, Your
Honor.
DIRECT EXAM BY ATTY SISON:
With the kind permission of this Honorable Court.
Q Do you know the accused in this case Arnel Sison?
A Yes, sir. He is my son.
Q Where does he lives before the year 2003?
A He is residing in Bangad, Cabanatuan City, sir.
Q He is residing in your house?
A He has his own house but he used to eat in his own house, sir.
Q What is his occupation if you know?
A He is driving an adventure plying from CUbao to Cabanatuan City and vice versa, sir.
Q Who owns that adventure that he drives?
A He is the owner of the adventure and paying it on installment basis, sir.
Q On April 17, 2003 where were you at about 5:00 o’clock in the afternoon>
A I was at home, sir.
Q Where?
A At Bangad, Cabanatuan City.
Q While you were there in your house do you recall any unusual incident that happened?
A There was a companion a driver also of that van who ply from Cabanatuan to Cubao and informed
us that Arnel Sison was arrested by the police in Cubao.
Q Do you know the person who arrived?
A Gil Bulanadi, sir.
Q Who received that information among your family?
A I was the one who received the information together with my family, sir.
Q Upon receiving the information that your son was arrested by the police in Cubao and informed by
certain Bulanadi, what did you do after that?
A We went to Manila, sir.
Q What did you do?
A We went to the Cubao terminal where we looked for him, sir.
Q What happened after that?
A We inquired among his driver companion and informed us that Arnel was in Kamuning, sir.
Q Did you go to Kamuning after the information given to you?
A Yes, sir.
Q What happened?
A When we proceeded to Kamuning we asked for some policeman whether it was Arnel Sison who
was arrested, sir.
Q After that what happened?
A They went to Kamuning and the policeman told us theat Arnel Sison was at Camp Panopio, sir.
Q Did you proceed to Camp Panopio as instructed by the police?
A Yes, sir.
Q What happened there?
A I saw Arnel Sison there, sir.
A What did you do?
A I asked him what happened to him and what is his problem, sir.
Q And then what happened after that?
A He said that he was able to have the woman ride in his vehicle and there was a conversation and
agreement that she would pay and proceed to the hotel, sir.
Q And what happened after that?
A There was an agreement among them that the payment is P4,000.00. However, he was only paid
P600.00 and so the woman got angry, sir.
Q And what did you do after that?
A The woman got angry and she left Mark being arrested by the police, sir.
Q Were you able to talk to the police in Camp Panopio when you visited your son?
A Yes, sir.
Q Do you know the name of the policeman?
A Doming is the name they used to call him and I know that he is a policeman because of the waist,
sir.
Q What were you able to talk?
A We were three at that time talking with each other and the policeman told me if I will given them
P150,000.00 they will release Mark Masiglat, sir.
Q What did you say when the policeman told you that if you will give P150,000.00 they will release
Arnel Sison?
A We talked about what shall we do with the matter, sir.
Q What happened to what you talked about with your children?
A We went back to Cabanatuan, sir.
Q When you went for the first time at the jail to visit your son who were with you?
A My son, Nova my husband and Gil Bulanadi, sir.
Q All in all how many were you>
A We were five (5), sir.
Q For what is that adventure?
A It was also used by Mark in “pamamasada”, sir.
Q What did you decide upon when the policeman told you that when you will give P150,000 they will
release Arnel Sison, did you agree with the proposal of the police?
A Yes, sir. I decided to look for the money and we went back to Cabanatuan, sir.
Q What happened when you went back to Cabanatuan to raise the money?
A I was able to get a loan for P150,000.00 in three (3) persons for four (4) days, sir.
Q How much loan did cyou claim in those three (3) persons?
A P150,000.00 was obtained to those three (3) persons, sir.
Q What is the condition?
A There was an interest, sir.
Q How much?
A Twenty percent (20%), sir.
Q After you raised P150,000.00 which you borrowed for an interest of 20%, what did you do after
that?
A We went back to Manila, sir.
Q Where did you go>
A We proceeded to Station 7 where Mark Masiglat was detained, sir.
Q Who were your companions?
A My three (3) children, sir.
Q Who else?
A Alex my daughter in law, the husband of Nova and Atty. _______?
Q How did you meet Atty. ______?
A We consulted Atty. ________ that we will be paying P150,000.00 and that we might be cheated
(maloko), sir.
Q Where did you meet by Atty. ________?
A In Cabanatuan, sir.
Q Is Atty. __________ in Cabanatuan too?
A Yes, sir.
Q Did you meet him before this case was filed?
A Yes, sir. He was working at JAGO GHQ.
Q Who introduced him to you?
A My customer in my business and told me to go to Atty. ________ to consult the matter, sir.
Q Where did you meet for the first time with Atty. _________?
A In the GHQ, sir.
Q In Camp Aguinaldo?
A Yes, sir.
Q What did you tell Atty. _________?
A I told him to accompany us to Station 7 and advice us in all matters so that he could assist us, sir.
Q Before proceeding to Police Station 7 you dropped by the office of Atty. ________, what time did
you arrive in Station 7?
A Eleven in the morning, sir.
Q How many days after your visit to your son Mark Masiglat?
A The same day, sir.
Q After arriving at Station 7, what happened there?
A Since then we have to pay and we saw a woman bringing Jollibee and they were eating together.
“Parang magkakakutsaba sila”, sir.
Q When you saw this woman eating Jollibee with the policeman, what did you do?
A I went to talk to her but she told me to talk to the police, sir.
Q Were you able to talk to the police that day?
A Yes, sir.
Q What did you talk about>
A They said we should give them P150,000.00 and they got mad and they brought along with them
military men, sir.
Q What is the appearance of Atty. _________ when he accompanied you to the police precinct?
A He was wearing uniform JAGO, sir.
Q Why is he a JAGO officer?
A Yes, sir.
Q Was Atty. _______ talking to the policemen>
A No, sir. The policemen went away to Atty. _________.
Q Were you able to deliver the P150,000.00 as demanded by the policemen?
A Not anymore, sir.
Q Did you tell Atty. _______ that you were carrying P150,000.00 that time to be given to the police?
A Yes, sir.
Q What did Atty. _______ advise you?
A He got mad, sir.
Q What did he say when you said he got mad?
A He told us not to give the money immediately and he said, “Mga timawa ang mga pulis”, sir.
Q What do you mean “timawa”?
A “Nangongotong”, sir.
Q What did you do after that?
A We went home. Atty. ________ told us to go home, sir.
Q You said that you saw the woman, the victim in this case, brought along with her Jollibee and ate
with the policemen. If that woman is in court, will you be able to identify her?
A Yes, sir.
Q Please point to her?
A “Yan pong magandang yan.”
(Interpreter: Witness pointing to a lady wearing a _________ inside the courtroom whom when asked her
name answered that she is Heart Estabillo).
ATTY. SISON:
That would be all, Your Honor.
COURT:
Cross?
xii. Cross-Examination of the Mother of the Accused (IVY GRAVAMEN) (flash

this on the screen)
PC: With the kind permission of this Honorable Court.
Q Madam Witness, did you receive a subpoena for today’s hearing for you to testify?
A No, sir.
Q And who told you that you will be testifying this morning?
A Atty. Sison, sir.
Q: Did I hear you right when you stated that you are the mother of the accused Arnel Sison?
A: Yes, sir.
Q: And as a mother you want to help your son in this case?
A: Yes, sir.
Q: And that is the reason why you are now testifying before this Honorable Court?
A: Yes, sir.
Q: In fact every instruction to be asked by your lawyer you are willing to follow just to help your son?
Atty. Sison:
That was previously asked, Your Honor
Court:
Overruled.
Witness:
Yes, sir. But only those which are true.
Atty. Prinsepe:
Q: This is the first time that I see you here and before the start of the hearing I saw you conversing
with the lawyer.
Atty. Sison:
Improper, Your Honor.
Atty. Prinsepe:
Let me finish my question. Were you instructed what to testify this morning?
Witness:
No, sir. I am testifying here on my own free will.
Atty. Prinsepe:
Q: You testified that you visited your son for the first time but you failed to mention the date. Was that
when you visited your son in police station 7 in Camp Panopio, Quezon City for the first time?
A: Yes, sir. It was April 17.
Q: You stated that one of your companions then was Nova. Was that correct?
A: Yes, sir.
Q: Who is this Nova?

A: She is my daughter, sir.
Q: was that your only companion during your first visit on April 17, 2003?
A: My daughter informed me that my son was arrested. I was also with Gil Bulanadi, Alex, well as my
husband, sir.
Q: All in all you were four (4) including yourself?
A: No, sir, the driver was my companion.
Q: Will you please state the name of your spouse?
A: Alberto Sison, sir.
Q: How about your driver?
A: Marcelino Tabon, sir.
Q: You made it clear that you were five (5) during your first visit to Mark Masiglat at the time you were
talking to the policeman you call Doming, Am I right, Doming?
A: Yes, sir.
Court:
Don’t interrupt the counsel, you can make objection.
Atty. Sison:
That was my objection earlier, Your Honor.
Court:
What is your objection?
Atty. Sison:
The contents of the answer that it was the policemen who talk.
Court:
Objection overruled.
Atty. Prinsepe:
Q: At the time you were talking to the policeman Doming, your other four (4) companions were
present?
A: Yes, sir. But they were a little far from us.
Q: How far?
A: The distance is like this.
PC: That is more than two meters?
Court: Counsel?
DC: Yes, more than two meters.
Interpreter: Witness pointing to the place where Atty. ______ is situated and as stipulated by counsel
more than two (2) meters.
Q: Do you confirm that you were only talking at the time to Doming, no other policeman except
Doming?
A: There were many policemen there, sir.
Q: How many?
A: There were five (5), sir.
Q: Was that the time that you alleged that the police was asking you to give Php150,000.00 in
exchange for the release of the accused Mark Masiglat?
A: Yes, sir.
Q: What was your reply immediately after the policeman as alleged by you was asking you
Php150,000.00?
A: I said yes.
Q: Did you give any statement after that?
A: None, sir.
Q: For clarification who was your companion at the time that you were asked that Php150,000.00
inside the headquarters of the police station?
A: It was Nova, sir.
Q: Only Nova?
A: Yes, sir.
Q: When you left the policeman and finished your conversation on that very same day, did you say
anything to them?
A: No, sir. I just turned my back.
Q: There was a testimony and as a matter of fact, I got down your answer here. That you went back
to Cabanatuan to raise the amount, do you confirm that?
A: Yes, sir.
Q: Tell me the truth now. Before you left the very same day, you agreed with Doming to give the
Php150,000.00
A: No, sir. I just went home.
Q: Madam Witness, answer me with all sincerity. Why did you raise the amount of Php150,000.00
immediately?
A: I did not promise to Doming, I just want to raise the amount, sir.
Q: And in fact, you immediately raised the amount by obtaining Php150,000.00 to the three (3)
persons, do you confirm that?
A: No, sir.
Q: So you want to convey to this Honorable Court that you were not able to raise the amount of
Php150,000.00 when you first visit Arnel?
A: No, sir.
DC:
Objection, Your Honor.
Court:
Overruled.
Atty. Prinsepe:
Q: Even in your first visit you were not able to raise Php150,000.00?
A: No, sir. I was not able to do so.
Q: Because your answer to your lawyer “I obtained a loan in four (4) days from three (3) persons.”
Immediately you raised the money?
A: Yes, sir. I said that.
Q: After raising the Php150,000.00 based on your statement also you went to Atty. ______________,
isn’t it?
A: Yes, sir.
Q: And your very objective there was to request Atty. ______ to accompany you to precinct 7 in Camp
Panopio to give the amount to the policeman whom you called Doming, is it not?
A: I went to Atty. _____ to accompany me in the police precinct but I really made a suggestion to him,
sir.
Q: What was the suggestion?
A: I consulted Atty. ______ and told him, “Ano po ba maganda gawin dito? Magbabayad po ba kami?
Tulungan nyo po kami. Hinihingan po kami ng pulis ng Php150,000.00 dito para marelease si
Mark.”, and thereafter Atty. ________fondered my suggestion.
Q: Do you still recall where you were at the time that you acceded the opinion of Atty. ______?
A: We were already in the station 7, sir.
Q: It is now clear that you were accompanied by Atty. _______ in Police Station 7?
Court:
There is no problem. He was accompanied but with suggestions.
Atty. Prinsepe:
I withdraw that, Your Honor.
Court:
Alright.
Atty. Prinsepe:
Q: At the time you were with Atty. _______ who were your other companions in station 7?
A: Nova, Dabo, and my son
Q: You mentioned during your direct testimony that at the time that you were accompanied by Atty.
_________ in police station 7 your three (3) children were with you and you mentioned only two
(2), who else?
A: No, I have three (3) children and my third child is Mark, sir.
Q: So Mark was present during that time?
A: No, sir. He was in jail.
Q: When Atty. ______ told you not to give the Php150,000.00 what was your anwer?
A: None, sir. We just went home.
Q: Madam Witness, you know that extortion is illegal, is it not?
A: Yes, sir.
Q: And you are aware in the presence of your children, in the presence of Nova, in the presence of
Atty. _____, that act of alleged extortion is against the law?
A: Yes, sir.
Q: And since you are aware that extortion is an illegal activity, did you cause the extortion of this
policeman Doming to be blottered?
A: No, sir.
Q: Did you even ask Atty. ______ that you are willing to file a case against this policeman because
that is an illegal act?
A: Not anymore because Mark is already detained, sir.
Q: After more than three (3) years, you did not file any case against extortionist policeman?
A: No, sir.
Atty. Prinsepe:
With the kind permission of this Honorable Court, I would just like to ask the confidential question
with my client. It is connected with another question, Your Honor.
Court:
Alright
Atty. Prinsepe:
May I just ask permission to ask my client if that is the said woman who went to Bulacan?
A: No, sir.
Court:
Next question.
Atty. Prinsepe:
Q: You also testified that according to you, you alleged that the victim was asking for Php4,000.00 to
your son accused Mark Masiglat, will you confirm that?
A: Yes, sir.
Q: Of course you have no personal knowledge on that except your son told you about that?
A: It was just relayed to me by my son, sir.
Q: The same with your statement during the direct examination that according to your son he gave
Php600.00 to the victim you have no personal knowledge about that also?
A: Yes, sir.
Atty. Prinsepe:
That would be all, Your Honor.
Court:
Any re-direct?
DC: Yes, your Honor.
Re-direct exam
By Atty. Sison:
Q: What is your educational attainment?
A: Grade V, Sir.
Q: Do you know how to read or write?
A: Yes, sir.
Q: Is this your first time to testify in court?
A: Yes, sir.
Atty. Sison:
That would be all Your Honor.
Court:
Re-cross?
PC: None, sir.
Court: Alright the testimony of this witness is terminated. Any other witness?
xiii. Direct Examination of the Vendor (VAN PERALTA) (flash this on the screen)
COURT: Call the case
INTERPRETER: (Calling the case)
Atty. Principe: Same appearance as private prosecutor.
Atty. Barrios: Same appearance as private prosecutor. We are ready, Your Honor.
Court: Today is for the presentation of another defense witness.
PC: May we call the witness.
DC : We are presenting __________________, Your Honor, as our next witness.
Court: Swear in and qualify the witness.
COURT CLERK: Do you swear to tell the truth, the whole truth and nothing but the truth?
WITNESS: Yes, I do.
Interpreter: Please state your name, age and other personal circumstances.
Witness: I am _____, _____ years old, single, a vendor, and residing at ________ Quezon City.
DC: We are presenting the testimony of the witness to corrorborate with the testimonies of Ivy
Gravamen and Mark Masiglat, and to prove other facts related to this case.
Court: Proceed
DIRECT EXAMINATION
Q: You said that you are a vendor, before you became a vendor, will you tell what is your
previous occupation?
A: I am a barker of FX at the Baliwag terminal at Cubao.
Q: You mean to tell the Court that you are a barker of FX vehicles, of what route?
A: The route of Cabanatuan-Nueva Ecija.
Q: For how long have you been a barker for the Cabanatuan-Cubao route?
A: I started as a barker about 1996, Sir.
Q: Up to when, Ms. Witness?
A: I stopped September 5, 2005.
Q: Do you know the accused, Mark Masiglat, in this case?
A: I know him Sir.
Q: If you know him, could you please point to him if he is inside the courtroom?
A: Yes Sir.
Interpreter: Witness is pointing to a man wearing a _______ and when asked his name, identified
himself as Mark Masiglat.
Q: If you really know Mark Masiglat, what vehicle was he driving during the days when you
were still a barker in Cubao-Cabanatuan route?
A: What I remember is that he first drove a Mega FX Tamarraw.
Q: And what else, you said he first drove a Mega FX Tamarraw, what vehicle did he drive if
you know?
A: The second time, he was driving an Adventure.
Q: On April 16, 2003, do you remember where were you?
A: I was at the terminal calling for passengers for FX vehicle.
Q: Was there any opportunity that during that date you saw accused, Mark Masiglat, at the
terminal?
A: Yes, Sir.
Q: What time?
A: 9:00 p.pm. on the 15th of April. I remember it was “Mahal na araw”.
Q: What time did you see Arnel Sison?
Atty. Principe: Answered already, 9:00 p.m.
Atty. Barrios: I submit, you Honor.
Q: What happened when you saw Mark Masiglat that evening?
A: When I saw him, I asked him whether he is going to fly or drive his vehicle and he said that
not at that time because he is going somewhere.
Q: Could you tell the Court where is he going somewhere, if you know?
A: “Sabi niya may pupuntahan daw sandal pero babalik din.”
Q: You said, “may pupuntahan kami”, who was with him?
A: He was with a female companion.
Q: For how long did you talk to Mark Masiglat n at that time?
A: We talked only for a short time and then they left.
Q: And how far were you from him?
A: I was just near him, almost side by side.
Q: And could you tell the Court the woman who was with him during that time?
A: I could not remember the name of the female copanion.
Q: But did you see her?
A: Yes, Sir.
Q: Could you look inside the courtroom if that woman is here today?
A: She is here, Sir.
Q: Could you please point to her?
A: She is the one, Sir.
Interpreter: Witness is pointing to a lady wearing a blouse and when asked her name, identified herself
as Heart Estabillo
Q: When Mark Masiglat told you that they will leave for a while, did he return?
A: Yes, Sir.
Q: For how long did it take him to return, if you remember?
A: Perhaps, after 1 ½ hour.
Q: He went on 9:00 p.m. and came back at 10:30, am I correct?
A: Yes. Sir.
Q: What vehicle was he driving that night?
A: Adventure with 606 number.
Q: That is a plate number?
A: Yes, Sir.
Q: When Mark Masiglat and that woman he was riding with left the vicinity of Cubao, towards
what direction did they go?
A: I do not know, Sir, because they did not tell anything.
Q: Did you see where they proceeded?
A: What I know is that they left Baliwag terminal and they turned at the corner of New York.
Q: After Mark Masiglat returned to the terminal, what did he do?
A: He drove his vehicle, Sir.
Q: To where, if you know?
A: Dagupan, Sir.
Q: And when did he return to the terminal?
A: The next day, Sir.
Q: The nest day, what happened to Arnel Sison, if you know?
A: I saw him arrested by the police, Sir.
Q: And could you tell the Court how was he arrested?
A: What I know was that he was handcuffed by the police, Sir.
Q: What else did you observe?
A: I saw a woman at the back and she was the one who pointed Arnel.
Q: Who is that woman if you know?
(Witness is pointing at the same lady that he pointed a while ago).
Q: After that, what did you learn about the arrest of Arnel Sison?
A: I learned that he was detained at Precinct 7.
Q: Did you know that woman to whom you pointed a while ago was accusing Arnel Sison of
the crime of Kidnapping with rape?
A: I do not know that, Sir.
Atty. Barrios: That would be all, Your Honor.

Atty. Principe: With the kind permission of the Honorable Court.
xiv. Cross-Examination of the Vendor (Van Peralta) (flash this on the screen)
Q: Mr. Witness, did you receive subpoena for today’s hearing?
A: Yes, Sir, only last night.

Q: From the Honorable Court?
A: Yes, Sir.
Q: Do you have a copy of that subpoena?
A: None, Sir.
Q: Of course, you understand the word subpoena, isn’t it?
A: The sister of Arnel Sison went to our house last night together with Jerry.
Q: You did not receive the subpoena because according to you, the sister of Arnel went to
you last night?
A: The sister and Jerry went to our house, Sir, last night.
Q: Actually, you did not receive any subpoena?
A: There is no document or paper, Sir.
Q: Who is this Jerry?
A: A brother-in-law of Arnel Sison.
Q: What is the name of the sister of accused Arnel Sison?
A: Nova, Sir.
Q: So these are spouses Nova and Jerry?
A: No, Sir, Mario is the name of the husband of Nova.
Q: And what did Nova and Jerry tell you?
A: They told me to testify for Arnel since they told me that Arnel was the one who I saw at the
Baliwag terminal.
Q: In other words, Nova and Jerry requested you to testify this morning, isn’t it?
A: Yes, Sir.
Q: And in consideration of your testimony, tell me the truth, you receive something from Nova
and Jerry?
A: None, Sir.
Q: Are you very sure of that?
A: Yes, Sir.
Q: During your direct examination, you testified that the day after April 15, 2003 and that is
April 16, the following day, you witnessed accused Arnel Sison being arrested by the
policemen, am I correct?
A: Yes, Sir.
Q: And you even confirm that a woman was pointing to Arnel Sison before the arrest of that
policemen?
A: I saw that woman pointed to Arnel before Arnel was arrested.
Q: That woman for final confirmation, is Collen Tuazon, the lady you pointed a while ago?
A: She is the one, Sir.
Atty. Principe: That would be all, Your Honor.
Atty. Barrios: No redirect, Your Honor.
V. Promulgation of Judgment
*as judge approaches the Bench*
Clerk of Court (or Interpreter): All rise. The Court is now in session. The
Honorable ____________, presiding. Silence and
order are hereby enjoined. Please remain
standing for the ecumenical prayer of the courts.
*Recital of the Ecumenical Prayer of the Courts*
*After the Ecumenical Prayer, the Judge bangs the gavel which is the signal for the
people in the courtroom to take their seats*
Judge: Call the cases.
Interpreter: For promulgation of Judgment. Case No.

________, People vs. ________ (*The accused
stands when his name is called and stays at the
back of the two defense counsels) for the crime of
____________.
Judge: Appearances?
Public Prosecutor: (*Stand*) Same appearance as Public

Prosecutor, your Honor.
Private Prosecutor: (*Stand*) Same appearance as Private

Prosecutor, your Honor.
Lead Defense Counsel: (*Stand*) Same appearance as lead counsel for

the defense, your Honor.
Co-defense counsel: (*Stand*) Same appearance as collaborating

counsel for the defense, your Honor.
Judge: Where is the private complainant?
*Private complainant approaches and stands at the back of the Private Prosecutor*
Private complainant: Present, your Honor.
Judge: Let’s proceed with the promulgation of Judgment.

Any manifestation from the defense?
Lead Defense Counsel: Your Honor, we would like to manifest that only
the dispositive portion of the decision be read in
open court.
*Judge gives a copy of the decision to the Clerk of Court or Interpreter*
Judge: Read only the dispositive portion of the decision.
Clerk of Court: Criminal Case No. _________, People vs.

________ for the crime of _______.
Wherefore, premises considered, the Court finds
accused __________ guilty beyond reasonable
doubt of the crime of RAPE qualified by the use of
a deadly weapon, and is hereby sentenced to
suffer the penalty of RECLUSION PERPETUA ,
and to pay the private complainant the amounts
of ₱50,000.00 as civil indemnity and ₱50,000.00
as civil indemnity. Petitioner is also ORDERED to
pay ₱30,000.00 sa exemplary damages and
interest at the rate of six percent (6%) per annum
is imposed on all the damages awarded from the
finality of this judgment until fully paid.
Judge: At today’s Promulgation of Decision, Public

Prosecutor _________, Private
Prosecutor________, lead counsel for the
defense ______, co-counsel for the defense
_____, private complainant ________ and
accused ________ are in Court.
The dispositive portion of the decision was read in
open court. The accused _________ is found
GUILTY for the crime of __________.
Furnish a copy of the decision to the accused

_________ , private complainant and their
respective counsels.
SO ORDERED. Given in open court,

__________, ____ City.
Judge: Let the parties and their counsels sign the

minutes of the case. Wait for the Order.
*signing of the minutes*
Judge: (*Looks at the interpreter/clerk of court* ) Any

other cases?
Interpreter/Clerk of Court: None, your Honor.
*Judge stands*
Interpeter/Clerk of Court: All rise.
*People in the courtroom stands up*
*Judge bangs gavel and steps down from the bench*
*FIN.
(Narrator: will present that, on appeal, RTC’s decision was affirmed by the CA and SC with latter’s
modification as to the conviction of the crime which was from Kidnapping with Rape and Violation
of PD 1866 as amended by RA 8294 to Qualified Rape only)

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PRACTICE COURT 2

MOCK TRIAL SCRIPT

PEOPLE VS. MARK MASIGLAT

Judge Judge Ike Cimafranca

PART 1- PRESENTATION OF PROSECUTION WITNESSES, DIRECT AND CROSS

PART 2- PRESENTATION OF DEFENSE WITNESSES, DIRECT AND CROSS AND PROMULGATION

(Introduce one by one)

PEOPLE OF THE PHILIPPINES VS MASIGLAT

Interpeter : All rise.

Judge : Call the case.

Clerk of Court: People of the Philippines vs Masiglat

Criminal Case Nos. Q-03-1430 and Q-03-1431

Judge : Is the accused around?

DC1 : The accused is around your Honor.

Judge : Arraign the accused.

People of the Philippines vs Masiglat

Criminal Case Nos.: Q-03-1430 and Q-03-1431

Criminal Case No. Q-03-1430

Criminal Case No. Q-03-1431

Court Interpreter : Do you understand the allegations of the facts?

Accused : Yes, your Honor

Interpreter : What is your plea?

Accused : Not guilty, your honor.

Interpreter : The accused pleaded not guilty your Honor

Judge : Are you amenable with the schedule defense counsel?

DCs : Yes your honor.

(insert pretrial here)

i. Direct Examination of the Private Complainant (HEART ESTABILLO) (flash

Judge Call the case.

Call your witness to the witness stand

Prosec May I call on Heart Estabillo

Judge Swear in the witness

Estabillo Yes, ma’am

Judge Please state your name and other personal circumstances.

Prosec May we proceed Your Honor?

A And his body was against my body so I could not do anything

Q There is a signature above the typewritten printed name Heart Estabillo,

Q There is another signature above the printed word administering officer,

Fiscal May we request that the signature be marked as Exhibit “A-2”

Prosec I think that would be all Your Honor, as direct examination.

Judge Any cross-examination? Can you make it now?

Defense Counsel Yes, your Honor.

ii. Cross-Examination of the Private Complainant (HEART ESTABILLO) (flash

Prosec Objection, Your Honor. The question is irrelevant.

Atty. Ong No further questions

ATTY. BATAAN May I call on Ryan John Federizo

Judge Swear in the witness

Interpreter Please state your name and other personal circumstances.

With the kind permission of the Honorable Court.

JUDGE : You may proceed counsel.

Q: On said date what was your position?

Q: So, what was your schedule time, do you recall?

Q: Up to what time was your tour of duty?

Q: What was that complaint about?

ATTY. BATAAN: (To Continue)

Q: Will you please name them one by one?

Q: What is the exact place, will you tell the court?

Q: Were you able to reach the exact place?

Q: What happened next?

Q: What did you do next?

Q: So, what happened after that?

Q: And, what is the name of the suspect that you arrested?

ATTY. BATAAN: (To Continue)

Q: Of course you know that police investigator?

witness goes to the witness stand

PRIVATE PROSECUTOR: Whose signature is this? points at a signature in the document

RAMOS looks over her folder

RAMOS: A cellphone, Nokia 6210, sir. produces the cellphone

RAMOS: after perusal This is the said cellphone, sir.