Republic of the Philippines, REGIONAL TRIAL COURT tt. 7" Judicial Region Ware” Branch 66, Talisay City, Cebu rhe opt OF THE PHILIPPINES, a Plaintiff, - versus CRIM. CASE NO. TCR-2017-3328 FOR: Viol. of RA 9482 yiCHELLE TACATANI, Accused, TRANSCRIPT OF THE STENOGRAPHIC NOTES TAKEN DOWN BY THE UNDERSIGNED STENOGRAPHER CONDUCTED DURING THE HEARING OF THE ABOVE-ENTITLED CASE CONDUCTED ON November 10, 2021 Before: JACINTO G. FAJARDO JR. Presiding Judge Assisted by: Ms. Ma. Celeste P. Sanchez Ms. Narcisa B. Bartolo Court Interpreter Court Stenographer III Appearances: ACP Emily Joy Larino Atty. Ma. Edbiesa Salve for the State Counsel for the Accused Atty, Edgar L. Seguerra "Wate Prosecutor (Cross-examination of Michelle Tacatani)court Good morning, ourt Interpreter The witness your Honor is testifying under the same oath your Honor. ¢ atty. Seguerra May | place the Honorable Court? Court Yes. Atty. Seguerra Thank you, Your Honor. Court Okay. (Atty. Edgar Seguerra conducted his cross-examination to witness Michelle Tacatani) Atty. Seguerra Q Madam Witness, did you talk to Atty. Salve before coming to court today? Witness A Yes.— ‘fer 10, 2011 ness wit atty. eguerra Q witness A Atty. Seguerra Q Witness A Atty. Seguerra Q Witness. A Atty. Seguerra Q ft . TH! 5393 Pp vs. Michelle Tacatani ‘mination of Michelle Tacatani Were i you advised by her that falsely testifying in COU" you will be imprisoned? No. You were not advised. So, in other words since you were not advised you can falsely testify in court today, right? No. Ma’am, with this incident happened on February 1, 2017 at around 8:30 A.M., right? Yes. our direct testimony Ma'am, on March 16, 2021, In y' you were in the you said that at 8:30 in the morning kitchen busy working in the housework, right? Yes. Now, your kitchen is located at the back portion of your house, Madam Witness? Fay tt 201t iene uerra uty $69 yu yay. Seguerra witness A Atty. Seguerra Q Witness A Atty. Seguerra Q Witness. A Court Witness “rit! gays pp os Michelle Toeatan ion of Michelle Tacatoni Not at the back, So, where is it located? Near the sala. So, your gate is fronting right in front of your window, right? Yes. What was the distance between the house of the complainant and your house, Madam Witness? Approximately farther. Approximately twenty (20) meters from your house? The house of the complainant can be seen when we will go out of the house. Please point to the court as reference? From where | am sitting your Honor, up to the last office. awination court arty. Seguerra pp vs. Michelle Tacatani 28 PF Michelle Tacatan: Can we estimate the distance? That's why I'm asking your Honor, just an estimate the distance between the house of the private complainant and her house your Honor. She may not be able to do that. | will explain that to her right away. court Interpreter Court Atty. Seguerra Atty. Salve Aty. Seguerra Court “Y. Seguerra Q Ten (10) to fifteen (15) meters away? Up to the window. Twenty (20) meters away? Counsel, are you willing to stipulate on that? More or less. So? More or less. Ma’am, since the time when this incident happened the boy-child was only two (2) years old? iee ik 0 stg, 201 nv seguerra wines A ay. Seguerra Q Witness A Atty. Seguerra Q Witness A Atty. Seguerra Q wit! 5578 Pps. Michelle Tacatgy, 2037 gation of Michelle Tacatany a 1 Yes, Two (2) years old. And said that the at that time in your direct testimony you boy was near your gate and was eating when he was bite by your dog? Yes, So Ma’am, this incident happened right on the same time that you were in your kitchen? Yes. And I’m sure Ma’am that your house is not made of glass, right? No. And despite of that you alleged that you were able to see the incident where the boy was eating and was bitten at that time, you will stand for that Madam Witness? He was only holding a viand.y ws " ® rf mr? wires sity: 9€9 uerra i 549g pp os. Michelle 1 g328 Pp Os. le Tacatani 2 ation of Ml olle Tacatani mr 10, 201 And you .: the eieicaly saw that boy holding something time when he was bitten by your dog? Only my younger brother. But in your direct testimony Ma’am, you alleged that you personally saw at the time that the boy was pitten by your dog, which is dated March 16, 20217 which states that: “Atty. Salve on that day on February 1, Q_ Now Mam, your 2017, anything that happened in house Ma'am? Witness A That instance when the child went nearby our gate and the child was carrying food. Atty. Salve Q_ And, what happ' you are aware? ened after that Ma'am if Witness A The dog took the food and the child cried. Atty. Salve Q And upon hearing that Ma'am, what did you do? wn(ots 3308 Pp vs. Michelle 2 ination of Michelle Tay 10, 2011 witness A Atty. Seguerra Q Witness A Atty. Seguerra Q Witness A ty, Seguerra Q Vitness A aeatanj fan ‘Wala, kay Gayawyaw naman ciya, W ang inahan, “Nothing, because tl he mother Of the child was already talking, Gayawya Now Ma'am, , "According to your testimony, that at 7:00 o'clock A.M, On that day, to a certain Dr, Pepa you an RHU Officer, is that co February 11, 2017, you went whom you alleged who was rrect? Yes. Ma'am, is he a doctor of veterinary medicine or he is a doctor of medicine? He is a doctor of medicine. Doctor of Medicine. And being and RHU, he was a Government employee, is that correct? Yes. So in other words, Dr. Pepa was holding an office at around 7:00 P.M. on that day? He was holding clinic at 7:00 o'clock in the morning. a éit IN 3328 Pp vs. Micelle Tacuay Mo mnaton of Michelle Tacatan jer 10, 2011 r mM pbartolo at Seguerra But in your testimony M adam, you said that you were there at Dr. Pepa at around 7:00 o'clock P.M, on that same day? witness A ' did not say, Atty. Seguerra You did not say that, well it’s up to you. Anyway, may | proceed your Honor, because | might forget. Court Yes, Atty. Seguerra Q Madam Witness, can you still remember that you filed a counter-affidavit in this case, right? This was dated 21 of July, 2017, and this was the counter-affidavit you filed before this court? Witness A Yes. Atty. Seguerra Q Okay. And I will read to you. “At around 7:00 o'clock in the evening of the same day, we went to Dr. Ben Pepa to report a possible dog bite incident caused by our dog. We were advised to send the victim the dog will be under observation.” |s this an exact word that you speak during that time when you make your counter-affidavit, is that correct? a"OA Yes. ‘ord your possible 000.00) Okay your Honor. Can we make for the rect Honor, that the accused agreed to a compromise at SIXTY THOUSAND PESOS (P60, to be paid on installment? Court Let it be put on record. Atty. Seguerra Yes your Honor. Court Okay, when? Court Interpreter February 23, your Honor. Court So, February 23? Atty. Seguerra Yes your Honor. Court Okay. ORDER In today’s hearing, Atty. Edgar Seguerra, conducted his partial cross-examination to the fo |