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Reading of Case Background:

Court Interpreter:
All rise, the Honorable Presiding Judge -------- is in Court.

Judge:
Let us pray.

Court Interpreter:
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
canbe 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.

Court Interpreter:
Please be seated. The Court is now in session, silence is hereby enjoined.

Judge:
(Bangs gavel) Call the case.

Court Interpreter:
Criminal Case No. 12345 People of the Philippines versus Mario Pineda, John Doe
and Jane Doe for Robbery.

Judge:
Appearances?

Public Prosecutor:
Good morning Your Honor Public Prosecutor Trisha Sunga appearing
appearing for the State.

Atty. ------- :
Good morning Your Honor I am Atty. -------- appearing as private prosecutor
under the direct control and supervision of the Honorable Public Prosecutor.

Atty. ------- :
Good morning Your Honor I am Atty. -------- appearing as private prosecutor
under the direct control and supervision of the Honorable Public Prosecutor.
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Atty. ------- :
Good morning Your Honor I am Atty. -------- appearing as private prosecutor
under the direct control and supervision of the Honorable Public Prosecutor.

Atty. Rhyan Conwi

Good morning Your Honor Atty. Rhyan Conwi appearing as counsel for accused
Mario Pineda, The accused is present Your Honor.

Judge:
This is for the presentation of second witness for the prosecution; do you have a
witness Fiscal?

Prosecutor Sunga:
Yes your Honor may we call on to the witness stand Ms. Maritess Torress

Atty. Conwi:
Your Honor please, may we know from the good public prosecutor if there are
other witnesses present in court and if there are, may we move for the exclusion
of the other witnesses?

Judge:
Fiscal do you have other witnesses present?

Prosecutor Sunga:
Yes Your Honor.

Judge:
Sheriff please escort the other witnesses outside.

Sheriff:
Yes Your Honor.

Atty. Conwi:
Thank you Your Honor.

Judge:
Swear in the witness.

Court Interpreter:
Miss Witness, please raise your right hand. Do you swear to tell the truth, the
whole truth, and nothing but the truth in this proceeding?

Witness:
I Do.

Court Interpreter:
Please tell your name, age and other personal circumstances?
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Witness:
My name is Maritess Torres, I am 80 years old, married, businesswoman and a
resident of 366 Sitio Centro Del Pilar, San Fernando, Pampanga.

Prosecutor:
Your Honor, we are offering the testimony of this witness to prove the material
allegations in the Information, to prove what actually transpired on January 11,
2023 that led to the filing of the instant case, for her to identify some
documents, for her to identify the accused, and to prove other relevant matters.

Atty. Conwi:
Subject to cross Your Honor.

Prosecutor Sunga:
Your Honor may we be allowed to conduct our direct-examination while seated.
(optional)

Judge:
Granted. (optional)

Prosecutor Sunga:
With the kind permission of the Honorable Court, may we proceed?

Judge:
Proceed.

Prosecutor Sunga:

Prosecution: Why are you here today?

Witness: To testify about a robbery that I witnessed last January 11, 2023..

Prosecution: Where were you on January 11 2023 at 9:30am?

Witness: At the bank

Prosecution: Which bank were you at?

Witness: Metropacific Bank

Prosecution: You said you were at the metro pacific bank, which Metropacific Bank?
Witness: Metropacific Bank, San Fernando

Prosecution: Madam Witness why were you at the bank?

Witness: To deposit my money

Prosecutor Sunga:
Your Honor please, I am now delegating the active prosecution of the case to
the Private Prosecutor.

Judge:
Noted.
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PROSEC 2

Prosecution: Madam witness, did you notice anything unusual happened?

Witness: I noticed the robbers went inside and they have their masks on

Prosecution: What did robbers say when they entered the bank, Madam witness?
Witness: They shouted and said this is robbery and commanded us to kneel down.

Prosecution: What happened next if any?

Witness: The robber approached the manager and went where the vault was located

Prosecution: What happened next?

Witness: I took a glimpse and saw the bank manager talking to the robber and I was able to hear the bank
manager say the name of the robber.

PROSEC 3
Prosecution: What was the name you heard, Madam witness?
Witness: I heard the bank manager say Mario.

Prosecution: What happened then?

Witness: The two bank robbers approached me and held the gun on me which made me hysterical that
caused me to start to nag.

Prosecution: After that what happened?

Witness: Mario (robber) approached me because he got annoyed. I panicked which led me into slapping
him. His mask fell off and I was able to see his face.

Prosecution: What else did you see?

Witness: I saw his face and in my peripheral vision I saw a glimpse of the picture frame that looks like
Mario along with the manager.

PROSEC 4
Prosecution: Can you describe him?
Witness: He is bald, without beard, medium built, with a flat mole on the tip of his nose, and he is
wearing a white long sleeve.

Prosecution: Is the person you just described whom you said the accused present in this courtroom right
now?
Witness: Yes, Ma’am.

Prosecution: Will you please point to us the accused in this case?

Witness: That man wearing a green shirt. (witness pointed someone in the courtroom)

Court Interpreter:
The witness is pointing to a man seated on the first row of the courtroom
wearing a green shirt.

The man being pointed to is the accused, please stand up and state your name.

Accused:
(Stands) I am Mario Pineda ma’am.
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Court Interpreter:
Thank you, sir, you may take your seat.

Private Prosecutor ------:

I am through with the witness Your Honor.

Judge:
Cross?

Atty. Conwi:
With the kind permission of the Honorable Court, may we proceed?

Judge:
Proceed.

Atty. Conwi:
Q- Madam witness you testified that you went to the Metropacific bank to deposit
money is that correct?

A- Yes sir.

Q- You also mentioned madam witness that you are 80 years old, is that correct?

A- Yes sir.

Q- Did you go to the bank alone or someone accompanied you?

A- Someone accompanied me sir.

Q- Why do you need a companion madam witness?

A- For my safety sir because I am already old.

Q- Since you are making a deposit were you the one who filled up the necessary
forms in relation to your transaction?

A- No sir.

Q- Who did that for you madam witness?

A- My companion sir.

Q- Why is that madam witness?

A- I have poor eyesight because of my old age sir.

Q- So you have poor eye sight, are you saying madam witness you find it difficult to
read and fill-up the forms?

A- Yes sir.

Q- Was it the same every time you go to the bank for a transaction madam witness,
your companion fills up the form and you just affix your signature if need be?
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A- Yes sir.

Q- Now madam witness you said that the robbers commanded all of you inside the
bank to kneel down is that correct?

A- Yes sir.

Q- Did you comply with that kneeled down madam witness?

A- No sir.

Q- Why madam witness are you not afraid of the robbers who were then as you
said were carrying guns?

A- Because my feet will hurt if I kneel down sir.

Q- Do you think that was the reason why the robbers approached you madam
witness because you did not kneel down?

A- Yes sir.

Q- You also testified that you went hysterical madam witness is that correct?

A- Yes sir.

Q- Was it only you or there were others inside the bank that were also hysterical
madam witness?

A- There were also other people who were hysterical sir.

Q- Does that mean there were also a number of people crying madam witness?

A- Yes sir.

Q- You can see some of the people crying or you just heard them.

A- I see them and hear them sir.

Q- Would you say that the atmosphere inside the bank then because of the
hysteria, crying everywhere and shouting by the robbers was confusing madam
witness?

A- Yes sir.

Q- Now before the robbers came where were you exactly madam witness?

A- I was seated in one of the seats provided for senior citizens while waiting for my
turn to be called by the teller sir.

Q- And where is that exactly madam witness?

A- I was fronting one of the tellers’ sir.

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Q- No you also testified that you saw one of the robbers approached and had a talk
with the manager is correct?

A- Yes sir.

Q- Was that inside the bank’s manager’s cubicle?

A- Yes sir.

Q- From your position as reference how far where you from the bank Manager’s
cubicle madam witness?

A- From my position sir up to that…………chair sir. (pointing to a chair)

Atty. Conwi:
Your Honor may we request the Public Prosecutor to stipulate that the distance
referred to by the witness is about two (2) meters?

Prosecutor Sunga:
Yes Your Honor.

Atty. Conwi:
May we continue Your Honor?

Judge:
Proceed.

Atty. Conwi:
Q- Madam witness you testified you that while the robber was talking to the bank
manager you heard the bank manger uttered the word “Mario” is that correct?

A- Yes sir.

Q- You want to impressed upon this Court madam witness that despite being two
(2) meters away from the bank manager’s cubicle while the atmosphere inside
the bank as testified a while ago is confusing because of the hysteria, crying,
shouting and the fact you are 80 years old you clearly heard the name “Mario” is
that correct madam witness?

A- Yes sir.

Q- It’s not “Dario”; “Cario”; “Sario” or “Laurio” madam witness?

Prosecutor Sunga:
Objection Your Honor already answered. The witness already stated that is was
Mario.

Judge:
Counsel you reform your question.

Atty. Conwi:
I will go to another point Your Honor.
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Q- Now, you also testified that when you slapped one of the robbers, his mask fell
off, is that correct?

A- Yes sir.

Q- When his mask fell off what did the robber do next if any?

A- He immediately put it back on sir.

Q- He immediately put it back on, so are you trying to say madam witness you only
saw a glimpse of the robber’s face because as you said the robber immediately
put his mask back on is that correct?

A- No sir I saw his face.

Q- And how long was that madam witness, was it just a matter of seconds or
minutes?

A- Seconds sir.

Q- How many?

A- Probably less than five seconds sir.

Q- Less than five seconds and despite your poor eyesight you were able to describe
the suspect as bald, without beard including that flat mole on the tip of his nose
is that correct?

A- Yes sir.

Q- May we know madam witness if you have a photographic memory?

A- No sir.

Q- Madam witness while you were confronting the robber whom you slapped, do
you remember if that person was wearing any kind of jewellery?

A- I don’t remember sir.

Q- You don’t remember but in less than five seconds you were able to remember
that the robber has a flat mole on the tip of his nose madam witness?

Prosecutor Sunga:
Objection Your Honor, argumentative.

Atty. Conwi:
I withdraw that Your Honor.

Q- Madam witness a while ago you pointed to the accused in open court as the
robber whom you slapped and saw a glimpse of his face is that correct?

A- Yes sir.

Atty. Conwi:
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Your Honor may we request the accused to stand up?

Judge:
Granted.

Atty. Conwi:
Thank you Your Honor.

Q- Madam witness can you again look at the accused and tell us if he has a flat
mole on his nose?.....

(Witness examining/looking at the accused)

Atty. Conwi:
You may take your time madam witness.

A- No sir.

Q- The accused has no flat mole on the tip of his nose madam witness?

A- No sir.

Atty. Conwi:
That will be all for the witness Your Honor.

Judge:
Redirect?

Prosecutor Sunga:
No redirect.

Judge:
Witness is excused. You may step down. What is your move?

Prosecutor Sunga:
May I move for continuance, Your Honor to present our next witness on the next
scheduled hearing?

Defense:
No objection, Your Honor.

Judge:
Granted;
Order;

When this case was called for presentation of the 2 nd witness for the prosecution,
present were Public Prosecutor Trisha Sunga, Attorneys ----- ------ ----- as private
prosecutors and Atty. Rhyan Conwi for the defense. Also present were the private
complainant and the accused.

Maritess Torres was placed to the witness stand and completed her testimony.
Thereafter, the prosecution moved for a continuance.
Without objection from the defense, said motion was granted.
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Set the presentation of the 3 rd witness for the prosecution of August 29, 2023 at
9:00 am.

SO ORDERED.

Judge:
No other case?

Court Interpreter:
None, Your Honor; All rise.

Session adjourned.

Judge: (gavel then leaves)

Note: All shall remain standing until the judge exited the court room.

--end--

Court Stenographer:
Question: Do you know these two individuals depicted in the photograph madam
witness? Answer: No ma’am, I don’t know them personally; Question: But are
they familiar to you madam witness?
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