C-473-16 TSN 13 December 2023 Edited

Republic of the Philippines
REGIONAL TRIAL COURT

6th Judicial Region
Branch 17, Roxas City
Email: rtc1rxc017@judiciary.gov.ph or
lbdiaz.rtc@judiciary.gov.ph
Contact No. (036) 620-2974
PEOPLE OF THE PHILIPPINES,

Complainant,
versus
CRIM. CASE NO. C-473-16
ISIDRO JONDONERO y
DIGDIGAN, NOEL
JONDONERO y DIGDIGAN, FOR: THEFT
MINDA PASTRANA y
JONDONERO, and
FLORENCIO JONDONERO y
DIGDIGAN,
Accused.
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TRANSCRIPT OF STENOGRAPHIC NOTES

Taken by the undersigned Stenographer
during the hearing of the above-entitled
case held on the 13th day of December
2023 before the Honorable LORENCITO
B. DIAZ, Presiding Judge of this Court
JENNIE ROSE S. SOLOCASA

Court Stenographer III
Staff Present:
ATTY. MENELEO A. AGUIRRE

Clerk of Court V
MRS. LYNNA JOY A. ANTONINO

Clerk III/Acting Interpreter
Appearances:
APP JP ANTHONY D. CUÑADA

For the State
PP vs. Isidro Jondonero y Digdigan, et al.
TSN dated 13 December 2023
Witness: ISIDRO D. JONDONERO
Testimony Terminated
Page 2 of 33 pages
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ATTY. ROBERTO CORDENILLO III

Private Prosecutor
ATTY. LEOGEN V. TOMULTO
Counsel for all Accused
Witness:
ISIDRO JONDONERO y DIGDIGAN

First Defense Witness
----------------------------------------------------------------------------------------------
COURT:
Call the case.
INTERPRETER:
Our lone case for today, Criminal Case No. C-473-16
For: Theft
People of the Philippines versus Isidro Jondonero y Digdigan, Noel

Jondonero y Digdigan, Minda Pastrana y Jondonero, and Florencio
Jondonero y Digdigan
All accused are present, Your Honor.
APP JP ANTHONY D. CUÑADA:

For the State, your Honor.
ATTY. ROBERTO CORDENILLO III:

Good morning, Your Honor. Atty. Roberto Cordenillo III, respectfully
entering my appearance as collaborating private prosecutor under
the direct control and supervision of the public prosecutor, Your
Honor.
COURT:
Okay.
ATTY. LEOGEN V. TOMULTO:

Page 3 of 33 pages
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Good morning, Your Honor. Atty. Leogen Tomulto, respectfully

appearing for the accused. Your Honor please….
COURT:
The accused is supposed to present their evidence today. Are you
ready, Atty. Tomulto?

We have a witness, Your Honor. However, Your Honor, I’d like to
manifest that on Monday of this week, I filed an Entry of
Appearance for the rest of the accused because initially I only
entered my appearance for one of the accused.
COURT:
Only for accused?

Isidro Jondonero, Your Honor, initially. However, I filed my Entry of
Appearance for all the remaining accused. On the afternoon of
Monday, Your Honor, I also filed a Motion to Dismiss. This is based
on Article 332 of the Revised Penal Code. However, it appears that
on the records, the same is yet to be received by the Court.
COURT:
What is the ground? Relationship?

Yes, Your Honor.
COURT:
Okay. The private complainant is Profetiza Digdigan.

Yes, Your Honor.
COURT:
Three of the accused are her nephews. The last one is her niece.

Yes, Your Honor.
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COURT:
So, what degree?

Third degree, Your Honor.
COURT:
Third degree because the four accused are the children of her
sibling.

Yes, Your Honor.
COURT:
Okay. Profetiza has ten siblings, correct?

Yes, Your Honor.
COURT:
In other words, there are eleven brothers and sisters. Now, the
property is covered by TCT No. 5750. The registered owner is
Candelaria Delapendan.

Yes, Your Honor.
COURT:
Now, the area is 234 thousand. Almost 24 hectares. Now, there is
a sketch plan in which Lot 1 of the property is supposedly the share
of the private complainant on the property. Now, Lot 1 contains an
area of 8 hectares. Correct?

That’s 13, 166 square meters, Your Honor.
COURT:
The area is 80,000 square meters?

That’s for Lot 2, Your Honor.
COURT:
Page 5 of 33 pages
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Lot 2?

Based on the sketch plan, Your Honor, that’s for Lot 2.
COURT:
This is for Lot 2?

Yes, Your Honor.
COURT:
So the remaining area supposedly belongs to the private
complainant as her share over the property?

Yes, Your Honor.
COURT:
There are 11 siblings. So how come the remaining area which is
almost 24 hectares supposedly belongs to the private complainant?
Why?

Your Honor, it is the position of the accused that the subdivision
plan is yet to be approved, Your Honor. And so it is the position of
the accused that the property is still being co-owned by the heirs.
COURT:
More than half of the property supposedly belongs to the private
complainant based on the sketch plan. How? Did she buy out the
shares of some of her siblings?

I am unaware, Your Honor, of any transaction with regards to….
COURT:
Atty. Cordenillo?

Page 6 of 33 pages
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Your Honor, as far as I know in connection to their partition, during

the time when Remedios Jondonero was still alive, this subdivision
plan was already agreed upon by the signatories of the sketch plan,
Your Honor.
COURT:
It is the contention of the accused that all the heirs did not consent
to the subdivision of the property based on the sketch plan.
Yes, Your Honor.
COURT:
Relationship is, as we all know, an alternative circumstance. It
could either be considered as aggravating or mitigating and even
exemplary. Article?

332. It’s Chapter 10, Your Honor.
COURT:
There is no mention about nephews and nieces.

On item No. 1, Your Honor, under 332, it says spouses, ascendants,
and descendants, or relatives by affinity in the same line.
COURT:
Direct relatives.

It is our argument, Your Honor, that the phrase in the same line is
applicable only to relatives by affinity considering that there is no
qualification insofar as…
COURT:
Ascendants, descendants. Direct relatives. In the same line, direct.
Ang collateral, nephews, and nieces.

Yes, Your Honor. However, it is our contention that considering that
there is no….
Page 7 of 33 pages
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COURT:
Do you have a Supreme Court-decided case on the matter?

We cited, Your Honor, just one, however, it is a civil case. We cited
commentaries, Your Honor, of an author but I cannot name the
author right now, that the purpose, Your Honor, of such provision is
to keep the peace in the family and to avoid any scandals and in
that case, Your Honor, we cited that even the step-father is within
the ambit of the…
COURT:
Step-father is under paragraph 1, ascendant.

Yes, Your Honor.
COURT:
Ascendant and descendant. Pero ang sa collateral relatives, only up
to brothers and sisters, brother’s-in-law, and sister’s-in-law.

It is our contention, Your Honor, that since there is no qualification in
the provision itself.
COURT:
So what is your pleasure now?

If the Court will allow, Your Honor, may we ask for a resetting, or if
the Court will not allow, Your Honor, we will likewise present our
witness. We are ready to present our witness.
COURT:
So what do you say, Prosecutor?
ASSOC. PROV. PROS. JP ANTHONY D. CUÑADA:

We have no objection, Your Honor.
COURT:
In what manner was the motion filed with the Court? Registered
mail?
Page 8 of 33 pages
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LBC, Your Honor.
COURT:
LBC.

Yes, Your Honor, on the afternoon of Monday.
COURT:
Are you ready?

Yes, Your Honor.
COURT:
By the way, this is a transactional offense and therefore, under the
Revised Guidelines for Continuous Trial in Criminal Cases, the
evidence to be presented by the accused should be in a judicial
affidavit form or any subscribed document. The Court notes that in
this case when it was still undergoing preliminary investigation,
there was a Joint Counter Affidavit.

Yes, Your Honor. Isidro Jondonero, Your Honor, is one of the
signatories in the Counter Affidavit.
COURT:
Four affiants: Isidro, Minda, Noel, and Florencio. So, the Court will
allow you to present Isidro without prejudice to the ruling it will
render on your Motion to Dismiss. Okay?

Yes, Your Honor.
COURT:
Understood, Prosecutor?

Yes, Your Honor.
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COURT:
Atty. Cordenillo, understood?

Yes, Your Honor.
COURT:
May I borrow the records?
Ang defense nila diri is that the harvesting was made under a claim
of ownership and therefore it's a ground for acquittal. Correct?

Yes, Your Honor. However, Your Honor, the fact of the alleged
harvesting, Your Honor, is not…
COURT:
Disputed.

Yes, Your Honor, disputed.
COURT:
And since the taking was made under a claim of ownership, the
accused could be said to have acted with intent. So, good faith in
felonies committed under the Revised Penal Code is a defense.
Prosecutor?

Yes, Your Honor.
COURT:
Atty. Cordenillo?

Yes, Your Honor.
COURT:
Good faith - defense in felonies committed under the Revised Penal
Code.

Page 10 of 33 pages
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Yes, Your Honor.
COURT:
Okay. Call your witness.
INTERPRETER: (MRS. LYNNA JOY L. ANTONINO)

Do you swear to tell the truth the whole truth and nothing but the
truth in this proceedings?
WITNESS:
Yes.
COURT:
Is there any stipulation on record that the four (4) accused are the
nephews and niece of the private complainant? Look at the Pre-
trial Order. Atty. Tomulto, do you know of any stipulation on record
the four (4) accused are the nephews and niece of private
complainant Profetiza Digdigan?

It appears on the Pre-trial Order, Your Honor, that there is no such
stipulation included or was made, Your Honor.
COURT:
Okay. Again, private complainant Profetiza Digdigan has ten
brothers and sisters. Admitted?

Yes, Your Honor.

Yes, Your Honor.
COURT:
Admitted. Now, who is the father of Isidro? Or the mother of Isidro?

The mother of Isidro, Your Honor, is Remedios Jondonero.
COURT:
Sister of Profetiza. Agreed?
Page 11 of 33 pages
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Yes, Your Honor.

Yes, Your Honor.
COURT:
Agreed, Prosecutor?

Yes, Your Honor.
COURT:
Full blood? Half-blood?

Full blood, Your Honor.

Full blood, Your Honor.
COURT:
Full blood. Okay. What about Noel Jondonero, who is the mother?
Are they siblings?

Yes, Your Honor. They are siblings. Their mother, Your Honor, is
Remedios.
COURT:
In other words, the four (4) accused, namely, Isidro Jondonero, Noel
Jondonero, Minda Jondonero, and Florencio Jondonero, are the
children of Remedios Digdigan.

Yes, Your Honor.

Yes, Your Honor.
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COURT:
Who is the full-blood sister of Profetiza Digdigan. Admitted?

Yes, Your Honor.

Yes, Your Honor.
COURT:
Public Prosecutor, you exercise direct control and supervision.
ASSOC. PROV. PROS. JP ANTHONY D. CUNADA:

Yes, Your Honor. I give him the authority, Your Honor.
COURT:
Now, Atty. Tomulto and Atty. Cordenillo, who are the other nine (9)
siblings of Profetiza and Remedios?

Erlinda Hamilarin, Helen Digdigan, Marcelo Digdigan, Elpedio
Digdigan, Basillo Digdigan, Rogelia Hermina, and….
COURT:
Will the witness not testify on that specific matter?

He will testify…
COURT:
He will testify on…

He will testify on the fact that the private complainant is his aunt,
Your Honor.
COURT:
The other siblings of Profetiza and Remedios, he will testify….

Yes, Your Honor.
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COURT:
Okay. You may now start, Atty. Tomulto.
By the way, Atty. Cordenillo.

Yes, Your Honor.
COURT:
Insofar as you know, what is the area planted with corn?

As far I know, Your Honor, it is within the side of the private
complainant.
COURT:
The area. Atty. Cordenillo, pila ka bag nga semilya sang mais?

One sack of binhi, Your Honor.
COURT:
Ten (10) kilos?

Around twenty (20) kilos, Your Honor.
COURT:
Ano nga variety?

Pioneer.
COURT:
Indi ko masigurado ha. Ang isa ka bag indi makaabot 20 kilos. Indi
bala?

Isa ka bag, Your Honor, ang…
Page 14 of 33 pages
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COURT:
Indi. Kay bal-an mo ang iya gina hambal ang bili sisenta mil. Ang
isa ka hektarya duha ka bag, indi bala? Duha ka bag nga semilya.
Ang isa ka hektarya sang mais, ga mais bala ako, maximum, nami
na gid kung anum ka tonelada imo makuha. Daw natingala ka
kabalo ko sini. Ngaman? Gatanum ko bala mais. Bal-an mo, ang
value sang property supposedly stolen is material in determining the
penalty.
You may begin.
INTERPRETER: (MRS. LYNNA JOY L. ANTONINO)

The first witness for the defense is Mr. Isidro D. Jondonero, 66
years old, married, and a resident of Astorga, Dumarao, Capiz.
May I proceed, Your Honor?
Your Honor, the testimony of the witness is being offered for the
following purposes: 1) to prove that he is the son of Remedios
Jondonero, who is the sister of the private complainant; 2) to prove
that for the lot subject of this case, which is covered by Transfer
Certificate of Title No. T-5750 is co-owned and yet to be subdivided
by the heirs of Candelaria Dimapindan vda. Digdigan;
COURT:
The mother of Remedios and Profetiza.

Yes, Your Honor.
3) to prove that they were not at the scene where the crime was
allegedly committed on August 31, 2015; 4) to prove that it is
physically impossible for the accused and the three other accused
to physically remove sixty (60) sacks of corn from the field subject of
this case;
COURT:
Kay may mga edad man ni sila. Compute ta. He is now 66.

Yes, Your Honor.
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COURT:
2023 minus 2017, 60 years old. 60 siya. Tatlo sila karga sila anum
ka sako nga mais may babaye pa sila nga upod.

Based on the judicial complaint, Your Honor, it was sixty (60) sacks.
COURT:
Kabalo bala ako sang bug-at sang is aka sako nga mais. Kung
napadpad na indi na magnubo sa sisenta ka kilos. Pero kung waay
pa mapadpad mamulumag-an kay may alibutod pa. Kabalo bala ko
kay manguguma man kita. Di ko inosente. Alas syete sang gab-i?
Okay, sige continue.

4) to identify his Joint Counter Affidavit; and 5) to identify all other
documents attached to the said Joint Counter Affidavit.
COURT:
Okay.

May I proceed, Your Honor?
Q : Mr. Witness, good morning. Do you remember executing a Joint

Counter Affidavit in relation to this case?
A : Yes, Sir.
Q : If shown to you would you be able to identify the said Joint Counter
Affidavit?
A : Yes, Sir.
Q : Mr. Witness, I am showing to you a document entitled Joint Counter

Affidavit consisting of five pages. Please tell the Court as to how
this document is related to the one that you mentioned a while ago.
A : This was the one executed, Sir, for the Court, Sir.
Q : Is this the same document that you mentioned earlier?

Page 16 of 33 pages
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A : Yes, Sir.
Q : On the third page of this judicial affidavit, there appears to be a

name Isidro D. Jondonero and there also appears to be a signature
above the name Isidro D. Jondonero. Can you please identify
whose signature is this?
A : Yes, Sir.
Q : In your Judicial Affidavit, you mentioned certain documents as

Annex "1" which is the requirement document needed for
subdivision approval. Please confirm if this is the same document
that is being referred to in your Judicial Affidavit?
A : Yes, Sir.
Q : Likewise identified in your Judicial Affidavit…. Do you confirm and
affirm the contents of your Judicial Affidavit?
A : Yes, Sir.
COURT:
Atty. Tomulto, how many documents are attached to the Joint
Affidavit?

Just one document, Your Honor.
COURT:
Only one document?

Yes, Your Honor.
COURT:
Is the copy of that document attached to the Joint Judicial Affidavit
appearing on the record original or a mere photocopy?

It appears to be a photocopy, Your Honor.
COURT:
Page 17 of 33 pages
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Would you like to show the Prosecution the original of that

document?

For now, Your Honor, we will try to present this again, Your Honor….
we will have this identified again when we present another witness
because for now, we don't have the original.
COURT:
Okay. Anything else?

That would be all, Your Honor.
COURT:
Now, Atty. Tomulto, with all due respect to you, one of the offers for
the testimony of the witness is to prove denial or alibi.
Yes, Your Honor.
COURT:
Is that specific defense set forth in the Joint Counter Affidavit?

It was mentioned, Your Honor.
COURT:
Where?

Paragraph 3, Your Honor, on the first page.
COURT:
Would you like to ask additional direct-examination questions?

Yes, Your Honor.
Q : Mr. Witness, have you read the complaint affidavit filed by the
private complainant?
A : Yes, Sir.
Page 18 of 33 pages
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Q : In the said complaint affidavit, it was mentioned that theft was

committed on August 31, 2015 at around 7:00 p.m. Where were
you at that time?
A : I was at my house, Sir.
Q : How about your co-accused, where were they at that time?
A : At their houses, Sir.
Q : You also mentioned earlier that you are a farmer. How long have
you been a farmer?
A : Since I came of age, Sir, and until now I am a farmer.
Q : Is corn one of the crops you’ve been growing as a farmer?
A : Corn and rice, Sir.
COURT:
Q : Mr. Witness, you are now 66. Correct?
A : Yes, Your Honor.
Q : Tell us your age in August of 2015.
A : I was 60 years old, Your Honor.
Q : 2015?
A : 58, Your Honor.
Q : Now, tell the Court whether your physical makeup now is the same
as in 2015?
A : It was not the same, Your Honor.
Q : You were bigger?
A : I have the same structure, Your Honor.

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Q : Could you please stand up?
A : (Witness stood up)
COURT:
Now, the Court would like you Atty. Tomulto and Atty. Cordenillo to
stipulate on the physical makeup of the witness.

Can we have it stipulated, Your Honor, that based on the physicality
of the witness, it appears that he is incapable…
COURT:
That's conclusion. You agree on his physical makeup. Not
conclusion.
Let’s go back to the basics. Ma stipulate lang kita ya sa fact.

Yes, Your Honor.
COURT:
And on the basis of the fact, ang Court ya ang ma conclude.

Yes, Your Honor.
COURT:
Unless, of course, the prosecution would admit that.

Perhaps, Your Honor, we can stipulate that based on the physicality,
Your Honor, of the witness, he appears to be not well-built, Your
Honor.

Your Honor, I disagree with the statement of the good counsel, Your
Honor, as the incident occurred eight years ago, Your Honor. The
witness, Your Honor, is physically well-built as he has said he has
been a farmer for several years and I believe, Your Honor, that due
Page 20 of 33 pages
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to his work, he is capable of carrying the said sacks during that

time, Your Honor.
COURT:
In other words, both the prosecution and the defense would not
agree to stipulate on the physical makeup of the accused. Now, in
that case, the Court will just note your manifestation, Atty. Tomulto
and your manifestation, Atty. Cordenillo.

Yes, Your Honor.

Yes, Your Honor.
COURT:
Do you have anything else to say in connection with his physical
makeup? No more?

None, Your Honor.
COURT:
What about you? No more?

Just a few manifestations, Your Honor. I would like to manifest that
prior to the presentation of the witness, Your Honor, he took certain
medicine.

Objection, Your Honor, in connection with that he has no evidence
to prove such….

I will be integrating it into my…
COURT:
The Court saw the witness earlier taking some medicine. Do you
have any counter manifestation to that?

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May I know, Your Honor, as to what the medicine is for first? What
is the purpose of the medicine that the witness took?

I will be integrating it into my direct examination.
COURT:
Okay. Are you through?

Not yet, Your Honor.
Q : Mr. Witness, based on your experience as a farmer, how many

hours or how long would it take for four (4) persons to harvest sixty
(60) sacks of corn?
A : Maybe about five to six days, Sir.
Q : And what if you conduct the harvesting during nighttime, how many
days do you think it would take to harvest such an amount of corn?
A : Maybe about two (2) hours, Sir.
COURT:
Q : Okay. Mr. Witness, you said to harvest corn of sixty bags, it would
take five to six days, correct?
Q : How many workers would it take to do that?
A : Maybe five, Your Honor.
Q : Five workers for each day?
COURT:
Continue.

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Q : Mr. Witness, which do you think is easier, harvesting during the

daytime or nighttime?
A : During daytime, Sir.
Q : And, also, Mr. Witness, you mentioned earlier that on August 31,
2015 at around 7:00 p.m., you were at your house. Can you please
tell this Court where exactly is your house located?
A : At Sitio Calagman, Barangay Astorga, Dumarao, Capiz.
COURT:
Q : Now, Mr. Witness, where is the property subject matter of this case
located in relation to Sitio Calagman?
A : Maybe around one (1) kilometer away from Sitio Calagman, Your
Honor.
COURT:
Anything else?

Yes, Your Honor.
Q : How long would it take considering that your house is about one (1)
kilometer away from where the alleged incident occurred, how long
do you think it would take to transfer sixty (60) sacks of rice from the
place of the incident to your house?
A : (no answer yet)
COURT:
Wala man di ya nakanbutang sa reklamo kung sa diin nila gindala
ang sais-sienta ka sako, di bala?

Actually, Your Honor, it was mentioned that it’s on their way to their
house.
COURT:
Lantawa abi dira kung diin nila gindala ang mais.
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Your Honor, this is found in question and answer No. 15 of the
Judicial Complaint Affidavit.
COURT:
That?

That they were going (“pakadto”) to their house.
COURT:
Okay. Continue.

No further questions, Your Honor.
COURT:
Cross?

Yes, Your Honor.
Q : Good morning, Mr. Witness. Do you confirm and affirm that your
residence is at Brgy. Astorga, Dumarao, Capiz?
A : Yes, Sir.
COURT:
Q : At Sitio Calagman, Astorga.
A : Sitio Calagman, Brgy. Dumarao, Capiz.
Q : Where is the property subject matter of this case located, in another

sitio or in the same sitio, Calagman?
A : At Sitio Calagman also, Your Honor.
COURT:
Continue.

Thank you, Your Honor.
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Q : Can you specifically point as to where your residence is… how far is
your residence in connection with the subject property?
A : (no answer yet)
COURT:
Atty. Cordenillo, the witness says quite earlier that his house is
about one kilometer from the cornfield.

Thank you, Your Honor.
Q : And your residence, Mr. Witness, who owns the property you are
residing?
A : It is ours, Sir.
Q : Is this property within the share of your mother Remedios

Jondonero?
A : No, Sir.
Q : Then where specifically is your house in…
COURT:
Q : In other words, Mr. Witness, the land on which your house stands is
not part of the property owned by your grandmother Candelaria?
A : No, Your Honor.
Q : Now, Mr. Witness, insofar as you know, are there properties owned
by your grandmother Candelaria aside from the property covered by
TCT No. 5750?
A : There is, Your Honor.
Q : Now, how many properties?
A : Two (2), Your Honor.

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Q : In other words, your grandmother Candelaria during her lifetime

owned three (3) parcels of land?
A : Only two (2), Your Honor.
Q : Okay. The other one, where is it located?
A : At Sitio Agkawatan, Brgy. Astorga, Dumarao, Capiz., Your Honor.
Q : As far as you know, is there or was there any partition affidavit

among the children of Candelaria concerning the property in
Agkawayan?
A : Yes, there is, Your Honor.
Q : Was that property in Agkawayan equally divided among the eleven

(11) children of Candelaria?
A : Only two (2) children have their own parts on the said lot, Your
Honor.
Q : So, there are eleven (11) children of Candelaria. So why only two
(2) of these children divided between themselves the property in
Agkawayan?
A : Because the land on Sitio Calagman eight of the children divided

the lots among themselves.
Q : So eight plus two = ten. So what about the other one?
A : She took her part on the land situated at Dumangas, Iloilo, Your
Honor.
Q : In other words, your grandmother Candelaria had three parcels of

land during her lifetime, 1) in Caladmam, Astorga; 2) in Agkawayan,
Astorga; and 3) in Dumangas, Iloilo. Correct?
Q : So, which is correct now, your grandmother had three (3) parcels of
land or only two (2) parcels of land?
A : She had three (3) parcels of land, Your Honor.

Page 26 of 33 pages
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Q : Okay. Of the eight siblings to whom the property in Calagman was

supposed to be subdivided, two of them were Profetiza and your
mother Remedios. Correct? For the property in Calagman,
Remedios, and Profetiza were two (2) of the eight (8) children who
were supposed to inherit from the property?
COURT:
Continue.

Q : You mentioned, Mr. Witness, that the properties were partitioned
between the eight siblings in Sitio Calagman. Were there structures
or houses built in that vicinity?
A : (no answer yet)
COURT:
Atty. Cordenillo, your question is misleading. Why? According to the
witness, the property in Calagman has yet to be subdivided among
the eight of the siblings. In other words, there is no subdivision yet
or there is no partition yet. Your question calls for a fact that the
property had already been partitioned among the eight. So it
assumes a fact not yet established and is therefore misleading. You
reform your question.

Yes, Your Honor.
Q : You mentioned that on August 31, 2015 you were at your house at
7:00, is that correct?
A : Yes, Sir.
Q : Who are you living with, Mr. Witness?
A : My wife and my children, Sir.
Q : So during at that time, on August 31, 2015 at 7:00 p.m., you were
with your wife and your children, is that correct?
Page 27 of 33 pages
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A : Yes, Sir.
Q : And you did not see your siblings at that time?
A : I did not see them, Sir.
Q : You mentioned earlier, Mr. Witness, that on August 31, 2015, 7:00
p.m., you were with your siblings in your house?
A : (no answer yet)
COURT:
That’s misleading.

But, Your Honor, he mentioned earlier when he was questioned
by….
COURT:
He was at his house on that date and at that time but he never
testified being with his siblings. “Lantawa abi da”.

He mentioned, Your Honor.

I believe, Your Honor, what he mentioned earlier is that his siblings
were also in their personal house.
STENOGRAPHER: (READING BACK)
Q: How about your co-accused, where were they at that time?
A: At their houses, Sir.
COURT:
Okay. So you reform your question.

Q : You mentioned, Mr. Witness, that your siblings were at their houses
during that time, do you know where their houses are, Mr. Witness?
A : Yes, I know, Sir.

Page 28 of 33 pages
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COURT:
Q : Now, Mr. Witness, the house of Florencio, one of your co-accused,
is near the cornfield, correct?
Q : And the house of Noel, also one of your co-accused, is also near
the cornfield, correct?
Q : What about the house of your sister Minda, where is it located in

relation to the cornfield?
A : It is near my house, Your Honor, at Sitio Calagman, Astorga,

Dumarao, Capiz.
Q : In other words, the distance of the house of Minda to the cornfield is

also about one (1) kilometer?
COURT:
Are you now satisfied?

Yes, Your Honor.
COURT:
Prosecutor, you could ask questions.
Yes, Your Honor. Your Honor, can I ask some questions?
COURT:
Okay.

Q : Mr. Witness, it was Profetiza Digdigan who planted the corn,
correct?
A : No, Sir.
Page 29 of 33 pages
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COURT:
Q : Now, who planted the corn on the property claimed by Profetiza as
hers based on the sketch plan?
A : It is us, Your Honor.
Q : Profetiza Digdigan, your aunt and the private complainant in this

case claimed having planted corn on the property that supposedly
belonged to her based on the sketch plan. What can you say about
that?
A : It was our cornfield that she claimed to be hers, Your Honor.
Q : The question of the Court is this, who planted the corn on that
property, Profetiza, or you and your siblings?
A : It is us siblings, Your Honor.

May I continue, Your Honor?
Q : Mr. Witness, but that area where Profetiza planted the corn she’s
claiming to be hers, correct?
A : (no answer yet)
COURT:
Your question is misleading. Why? Ang ginahambal niya sila ang
nagtanum. Wala ya magtanum si Profetiza.

Your Honor, I am asking him the area that was planted was claimed
by Profetiza. That’s my question. May I reform my question, Your
Honor?
Q : But that area where you planted the corn was claimed by Profetiza
as hers, correct?
A : Yes, Sir.
COURT:
Page 30 of 33 pages
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Continue.

Q : When you planted the corn in the area claimed by Profetiza, did she
not object?
A : She did not, Sir.

That’s all, Your Honor.

Q : Mr. Witness, do you confirm and affirm that the subject property has
been partitioned? Yes, or no.
A : (no answer yet)

Objection, Your Honor.
COURT:
Misleading.

Yes, Your Honor.
COURT:
Are you done?

Yes, Your Honor.
COURT:
Okay.
Q : After the death of your grandmother Candelaria, the property in

Calagman, the whole of it, who was cultivating?
A : My mother is one of those who cultivates the property.
Q : Who else aside from your mother Remedios, who were or who was
cultivating the property in Calagman?
Page 31 of 33 pages
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A : Erlinda Digdigan, Marcelo Digdigan.
Q : Who else?
A : No more.
Q : Now, what about Profetiza?
A : They were still not farming, Your Honor.
Q : Is it not that the property in Calagman was supposedly partition

among eight siblings?
Q : So what you are trying to tell the Court is that after the death of
Candelaria, your grandmother, Profetiza was not one of the persons
cultivating the property?
A : She was not, Your Honor.
Q : Why not?
A : Because she has a store in Astorga proper.
Q : In 2015, who was or were cultivating the property claimed by

Profetiza as hers?
A : It was Erlinda Digdigan, Your Honor.
Q : Erlinda Digdigan is a sister of Profetiza?
Q : Now, in 2014, the year before, who was cultivating the property
claimed by Profetiza as hers?
A : Also Erlinda, Your Honor.
Q : Erlinda?
Page 32 of 33 pages
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A : Yes.
Q : In 2013.
A : Also Erlinda, Your Honor.
Q : Could you give us any reason why Profetiza claimed having planted
on the property claimed by her as hers?
A : Because according to her, the area planted with corn was part of
her partition, Your Honor.
Q : Now, if according to you it has been Erlinda cultivating the property

claimed by Profetiza as hers since 2013, could you give us any
reason why Profetiza claimed that in 2015 she was the one who
planted corn on the property?
A : I do not know the reason, Your Honor.
COURT:
Atty. Tomulto, any re-direct?

No re-direct, Your Honor.
COURT:
Okay. Any questions on the answers given by the witness to the
questions made by the Court?

None, Your Honor.
COURT:
Any other witness?
No other witness, Your Honor.
COURT:
How many witnesses do you intend to present?

Three (4) more witnesses, Your Honor.
Page 33 of 33 pages
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COURT:
Corroborative?

For the most part, Your Honor.
COURT:
Agree on three (3) trial dates.
MRS. LYNNA JOY ANTONINO:

February 21?

Available on 21 February.

April 03?

Not available on April 03, Your Honor.

April 17.

Available on April 17.

June 05.

Available, Your Honor.

21 February, Your Honor, 17 April, and 05 June.
COURT:
Okay.
ORDER
Page 34 of 33 pages
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After the complete testimony of accused Isidro Jondonero y Digdigan,

first defense witness, presentation of additional defense evidence is set on 21
February, 17 April, and 05 June 2024, all at eight-thirty o’clock in the morning.
Public prosecutor Associate Provincial Prosecutor JP Anthony D.

Cuñada; collaborating private prosecutor Atty. Roberto Cordenillo III; defense
counsel Atty. Leogen V. Tomulto; the four (4) accused, namely, Isidro
Jondonero y Digdigan, Noel Jondonero y Digdigan, Florencio Jondonero y
Digdigan, and Minda Pastrana y Jondonero; and private complainant
Profetiza Digdigan are all notified of this Order in open court.
SO ORDERED.
CERTIFICATE
I hereby certify that this is the true and correct copy of my stenographic
notes to the best of my knowledge, ability, hearing and belief.
JENNIE ROSE S. SOLOCASA

Court Stenographer III

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Republic of the Philippines

REGIONAL TRIAL COURT

PEOPLE OF THE PHILIPPINES,

TRANSCRIPT OF STENOGRAPHIC NOTES

JENNIE ROSE S. SOLOCASA

ATTY. MENELEO A. AGUIRRE

MRS. LYNNA JOY A. ANTONINO

APP JP ANTHONY D. CUÑADA

ATTY. ROBERTO CORDENILLO III

ISIDRO JONDONERO y DIGDIGAN

People of the Philippines versus Isidro Jondonero y Digdigan, Noel

All accused are present, Your Honor.

APP JP ANTHONY D. CUÑADA:

ATTY. ROBERTO CORDENILLO III:

ATTY. LEOGEN V. TOMULTO:

Good morning, Your Honor. Atty. Leogen Tomulto, respectfully

ATTY. LEOGEN V. TOMULTO:

ATTY. LEOGEN V. TOMULTO:

ATTY. LEOGEN V. TOMULTO:

ATTY. LEOGEN V. TOMULTO:

ATTY. LEOGEN V. TOMULTO:

ATTY. LEOGEN V. TOMULTO:

ATTY. LEOGEN V. TOMULTO:

ATTY. LEOGEN V. TOMULTO:

ATTY. LEOGEN V. TOMULTO:

ATTY. LEOGEN V. TOMULTO:

ATTY. LEOGEN V. TOMULTO:

ATTY. ROBERTO CORDENILLO III:

ATTY. ROBERTO CORDENILLO III:

ATTY. ROBERTO CORDENILLO III:

ATTY. LEOGEN V. TOMULTO:

ATTY. LEOGEN V. TOMULTO:

ATTY. ROBERTO CORDENILLO III:

Your Honor, as far as I know in connection to their partition, during

ATTY. LEOGEN V. TOMULTO:

ATTY. LEOGEN V. TOMULTO:

ATTY. LEOGEN V. TOMULTO:

ATTY. LEOGEN V. TOMULTO:

ATTY. LEOGEN V. TOMULTO:

ATTY. LEOGEN V. TOMULTO:

ATTY. LEOGEN V. TOMULTO:

ATTY. LEOGEN V. TOMULTO:

ASSOC. PROV. PROS. JP ANTHONY D. CUÑADA:

ATTY. LEOGEN V. TOMULTO:

ATTY. LEOGEN V. TOMULTO:

ATTY. ROBERTO CORDENILLO III:

ATTY. LEOGEN V. TOMULTO:

ATTY. LEOGEN V. TOMULTO:

ASSOC. PROV. PROS. JP ANTHONY D. CUÑADA:

ATTY. ROBERTO CORDENILLO III:

ATTY. LEOGEN V. TOMULTO:

ATTY. LEOGEN V. TOMULTO:

ASSOC. PROV. PROS. JP ANTHONY D. CUÑADA:

ATTY. ROBERTO CORDENILLO III:

ASSOC. PROV. PROS. JP ANTHONY D. CUÑADA:

Yes, Your Honor.

INTERPRETER: (MRS. LYNNA JOY L. ANTONINO)

ATTY. LEOGEN V. TOMULTO:

ATTY. ROBERTO CORDENILLO III:

ATTY. LEOGEN V. TOMULTO:

ATTY. LEOGEN V. TOMULTO:

ATTY. LEOGEN V. TOMULTO:

ATTY. ROBERTO CORDENILLO III:

ASSOC. PROV. PROS. JP ANTHONY D. CUÑADA: