Professional Documents
Culture Documents
Staff Present:
Appearances:
Witness:
TEOFILO ROSAL
Second Defense Witness
CRIM. CASE NO. C-253-17
TSN dated 15 May 2023
WITNESS: TEOFILO ROSAL
Direct-Examination Testimony
Page 2 of 20 pages
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(Direct-Examination Testimony)
COURT:
Call the case.
INTERPRETER:
People of the Philippines versus Rey Rosal y Gabiason
COURT:
Your witness is?
ATTY. MONTORO:
Your Honor, may I call on to the witness stand, Mr. Teofilo Rosal, Your
Honor, for continuation of his direct-examination.
ATTY. AGUIRRE:
The witness is Teofilo Rosal, he will be testifying under the same oath.
COURT:
For continuation of his direct?
ATTY. AGUIRRE:
Direct.
COURT:
So, Atty. Montoro?
ATTY. MONTORO:
May I proceed, Your Honor? Good morning, Mr. Witness.
MR. ROSAL:
Good morning, Sir.
CRIM. CASE NO. C-253-17
TSN dated 15 May 2023
WITNESS: TEOFILO ROSAL
Direct-Examination Testimony
Page 3 of 20 pages
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ATTY. MONTORO:
Q : In connection with this case, do you remember having executed an
affidavit?
A : Yes, Sir.
Q : And, Mr. Witness, if this affidavit will be shown to you, will you be able
to remember if it is the affidavit that you executed?
A : Yes, Sir.
ATTY. AGUIRRE:
The witness is shown an affidavit found on pages 35 to 36 of the
record.
ATTY. MONTORO:
Q : On page 2 of your affidavit, there is a signature above the name Teofilo
Rosal, can you please confirm and affirm whose signature is this?
A : That is my signature, Sir.
Q : Mr. Witness, do you also confirm and affirm the truthfulness and the
contents of this affidavit?
A : Yes, Sir.
Q : Now, Mr. Witness, can you please tell this Honorable Court how do you
know the accused, Mr. Rey Rosal?
A : He is my first cousin.
COURT:
Atty. Montoro, qualify as to what time, as to what year. Who is your
employer, meaning at the moment?
ATTY. MONTORO:
Yes, Your Honor.
A : Catherine Curatero.
Q : Alright. Mr. Witness, how about the private complainant Johnel Arches,
how do you know her?
A : Because of her father who bumped into our truck.
Q : Can you please tell this Honorable Court the name of her father?
A : (no answer yet)
COURT:
Atty. Montoro, with all due respect, is that still necessary?
ATTY. MONTORO:
I am just laying my predicate, Your Honor.
Q : Can you please tell us the name of the complainant, Johnel Arches?
A : Johnny Arches.
Q : You stated earlier that Johnny Arches bumped your truck. Can you
please tell this Honorable Court when did this happen?
A : On December 29, 2016.
COURT:
Q : You mean Arnaldo Boulevard?
A : Yes.
ATTY. MONTORO:
Q : Can you please tell us what were you doing in Arnaldo Boulevard?
A : I was instructed to stop some of the vehicles plying in that road.
COURT:
Q : The driver was your first cousin Rey Rosal, correct?
A : Yes, Your Honor.
Q : And the warehouse of black and white where you delivered something
is in Arnaldo Boulevard?
A : Yes, Your Honor.
COURT:
You continue.
ATTY. MONTORO:
Q : Before these trucks went to Roxas City to deliver the goods or cargo,
can you please tell us the preparation which was made for the trucks?
A : (no answer yet)
COURT:
Atty. Montoro, would it be better to use the word “inspection” not
“preparation”?
ATTY. MONTORO:
Yes, Your Honor.
COURT:
If that’s the case, then reform your question.
ATTY. MONTORO:
Q : Before these three (3) trucks went to Roxas City to deliver the goods,
can you please tell us if these three (3) trucks were inspected and if
they are roadworthy?
A : (no answer yet)
COURT:
Three (3) trucks or only one (1) truck?
ATTY. MONTORO:
Q : Before this truck driven by the accused went to Roxas City to deliver
the goods, is this truck inspected if this truck was roadworthy?
CRIM. CASE NO. C-253-17
TSN dated 15 May 2023
WITNESS: TEOFILO ROSAL
Direct-Examination Testimony
Page 6 of 20 pages
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A : Yes, Sir.
Q : Mr. Witness, can you please tell us how often does Rexel Curatero
inspect the truck?
A : Every time before it travels.
Q : How about if the trucks are not roadworthy, what will happen?
A : Also they are not permitted to travel.
COURT:
Q : So if there is any defect in the truck, the defect has first to be repaired,
correct?
A : Yes, Your Honor.
ATTY. MONTORO:
Q : So when Rexel inspected the truck driven by the accused, what was
the condition of the truck?
A : It was okay.
COURT:
Q : So you were present when the owner of the truck inspected the truck?
A : Yes, because I am the helper.
Q : One by one.
A : The tires….
Q : The tires are checked to ensure that the tire pressure is alright. What
else, Mr. Witness?
A : The lights if it’s okay.
Q : And?
A : To inspect if the bulbs are working.
Q : Is it not that to check the stoplights, the break has to be stepped on?
A : Yes.
Q : So if the air pressure is already high, the horn button is being pressed
on, correct?
A : Yes.
COURT:
You continue.
ATTY. MONTORO:
Q : How about the clearance lights, Mr. Witness, were they also
CRIM. CASE NO. C-253-17
TSN dated 15 May 2023
WITNESS: TEOFILO ROSAL
Direct-Examination Testimony
Page 8 of 20 pages
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inspected?
A : Yes, Sir, they were also functioning.
COURT:
Q : At that time, was the truck equipped with a tail horn?
A : Yes.
Q : How do you turn the backlights on? Are there toggle switches for these
backlights?
A : Yes.
COURT:
Continue, Atty. Montoro.
ATTY. MONTORO:
Q : So after Rexel determined that the truck of the accused is roadworthy,
what time did you depart in Iloilo going to Roxas City?
A : At two-thirty in the afternoon.
COURT:
What day is December 29, 2016, Atty. Montoro?
ATTY. MONTORO:
I will check, Your Honor. For a moment, Your Honor. It is a Thursday,
Your Honor.
COURT:
Continue.
ATTY. MONTORO:
Q : When you and the accused arrived in Roxas City in the black and white
warehouse, what did you do?
A : We unloaded the cargo of the truck.
Q : And after you finished unloading the cargo, what did you and the
accused do?
A : We prepared to go back to Iloilo.
COURT:
Q : Mr. Witness, do you know Baybay?
A : Yes, Your Honor.
Q : From Roxas City proper going to Baybay, where is the black and white
located, on the right side or the left side of the road?
A : On the left side.
COURT:
Okay. Continue.
ATTY. MONTORO:
Q : So from the warehouse, did the accused make a backing of this truck?
A : Yes, he made a backing towards the highway.
COURT:
Q : What is the distance from the warehouse to Arnaldo Boulevard?
CRIM. CASE NO. C-253-17
TSN dated 15 May 2023
WITNESS: TEOFILO ROSAL
Direct-Examination Testimony
Page 10 of 20 pages
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COURT:
So the truck made a backing. Okay, continue, Atty. Montoro.
ATTY. MONTORO:
Q : While the truck driven by the accused was backing, what did you do as
the helper?
A : I was there to stop the approaching vehicles so that the truck can make
a backing properly.
COURT:
Q : In other words, Mr. Witness, you assisted the driver while the truck was
backing, correct?
A : Yes.
Q : In assisting the driver while the truck was backing, what did you do?
A : I was signaling the other vehicles on the left side of the truck to stop so
that the truck can have its backing properly.
ATTY. MONTORO:
Q : Mr. Witness, while you were assisting the accused while he was
backing his truck, on which side of the truck did you act as the guide or
did you assist him, on which side of the truck?
A : (no answer yet)
COURT:
Q : Mr. Witness, Arnaldo Boulevard is a two-way boulevard, correct? One
going to Baybay, and the other going to the city proper, correct?
A : Yes.
ATTY. MONTORO:
Q : Mr. Witness, while the accused was backing his truck, which side of
the truck is going to Baybay?
A : On the right side.
Q : Which side of the truck did you guide the accused while he was
backing his truck?
A : On the left side.
COURT:
Q : Left side? Are you sure?
A : (no answer yet)
ATTY. MONTORO:
Q : Which side of the truck is going to the Roxas City Proper?
A : (no answer yet)
COURT:
Q : You said you were on the left side of the truck, on the side where the
driver was seated?
A : Yes.
COURT:
You continue.
ATTY. MONTORO:
Q : Mr. Witness, can you please tell this Honorable Court, who else acted
as a guide of the accused while he was backing his truck?
A : (no answer yet)
COURT:
Q : Why did you decide to stay on the left side of the truck where t6he
driver was seated? Why? Tell the Court why.
A : So that the driver can see me.
Q : But you know, Mr. Witness, even if you’re on the other side, on the right
CRIM. CASE NO. C-253-17
TSN dated 15 May 2023
WITNESS: TEOFILO ROSAL
Direct-Examination Testimony
Page 12 of 20 pages
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side of the truck, the driver could still see you using the side mirror,
correct?
A : Yes.
Q : Which vehicles did you intend to stop while the truck was making a
backing, those coming from the Roxas City Proper going to Baybay, or
those coming from Baybay going to the Roxas City Proper?
A : Those who are going to Baybay.
Q : So, Mr. Witness, tell the Court, you were at the left side of the truck
because you would want to stop incoming vehicles from the Roxas City
Proper going to Baybay, correct?
A : Yes.
Q : What about the vehicles coming from the opposite direction, those
coming from Baybay going to Roxas City Proper, who would stop them
while the truck was making a backing?
A : Francisco Lumawag, also a driver.
Q : So, in other words, while you were on the left side of the truck,
Francisco Lumawag was on the right side of the truck, is that what you
mean?
A : Yes.
Q : So in other words, while you were on the left side of the truck,
Francisco Lumawag was on the right side of the truck, is that what you
mean?
A : Yes.
Q : And Francisco Lumawag would also warn or stop, just like you,
vehicles coming from Baybay going to the Roxas City Proper?
A : Yes.
COURT:
Okay. Continue.
ATTY. MONTORO:
Q : Mr. Witness, at the time the accused was backing his truck, can you
please tell us what were the lights of the truck which were turned on?
A : Clearance lights at the side of the body of the truck, backlight, the
lights in front….
COURT:
CRIM. CASE NO. C-253-17
TSN dated 15 May 2023
WITNESS: TEOFILO ROSAL
Direct-Examination Testimony
Page 13 of 20 pages
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Q : Stoplights.
A : Yes.
COURT:
Continue.
ATTY. MONTORO:
Q : Aside from the lights of the truck, what were the other sources of light
in Arnaldo Boulevard?
A : The street light.
COURT:
Q : Street lights on the side of Arnaldo Boulevard, there were street lights?
A : Yes.
Q : So there were Parol lights, correct? Meaning, the lights installed inside
the Parol. Now, aside from these, there were also street lights on the
island?
A : Yes.
Q : And there were also street lights on both sides of Arnaldo Boulevard?
A : Yes.
COURT:
You continue.
ATTY. MONTORO:
Q : At the time the accused was backing his truck, can you please tell us
CRIM. CASE NO. C-253-17
TSN dated 15 May 2023
WITNESS: TEOFILO ROSAL
Direct-Examination Testimony
Page 14 of 20 pages
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Q : Ten what?
A : Ten kilometers per hour. (10kph)
COURT:
Q : Mr. Witness, the ten-wheeler truck is quite long, correct?
A : Yes.
Q : And the side of Arnaldo Boulevard coming from Baybay going to Roxas
City Proper would not be able to accommodate the entire truck,
correct?
A : Yes.
Q : Such that, for the truck to successfully make a back turn, its back
should occupy a slot.
A : Yes.
Q : In other words, the back portion of the truck was occupying a slot in
between the two ways.
A : Yes.
COURT:
Continue.
ATTY. MONTORO:
Q : So on the left side of the truck where you were assisting the accused,
what happened to the vehicles coming from Roxas City Proper going to
Barangay Baybay?
A : I told them to stop.
Q : How about the vehicles coming from Barangay Baybay going to the
Roxas City Proper, what happened to them?
A : They were also instructed to stop.
COURT:
Q : Could you recall the number of vehicles you were able to stop?
A : Maybe six.
Q : And could you also say the number of trucks which Francisco
Lumawag was able to stop?
A : No, I was not able to count them.
CRIM. CASE NO. C-253-17
TSN dated 15 May 2023
WITNESS: TEOFILO ROSAL
Direct-Examination Testimony
Page 15 of 20 pages
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Q : But you are sure or you are certain that he was able to stop some
trucks coming from Baybay going to Roxas City Proper.
A : Yes.
COURT:
You continue.
ATTY. MONTORO:
Q : At that time when the vehicles coming from both sides of the truck
stop, can you please tell us what did you hear or what did you
observe?
A : I heard a thud.
COURT:
Q : Based on your perception, from which side of the truck did that loud
noise originate, on the left side where you were situated, or on the right
side where Francisco Lumawag was situated?
A : On the right side.
COURT:
You continue.
ATTY. MONTORO:
Q : At the time you heard the loud noise on the right side of the truck,
where is the truck?
A : The truck was in the middle of the Boulevard which is about to went
back to the Roxas City Proper.
COURT:
Q : Now, on its head, where was it positioned, on the side of Arnaldo
Boulevard from Baybay going to Roxas City?
A : On the road from Baybay going to Roxas City Proper.
Q : Since the ten wheeler truck is long, where was its rear portion situated,
was it occupying the other side of the Boulevard?
A : Yes.
COURT:
Continue.
ATTY. MONTORO:
Q : Mr. Witness, at the time you heard the loud noise, can you please tell
CRIM. CASE NO. C-253-17
TSN dated 15 May 2023
WITNESS: TEOFILO ROSAL
Direct-Examination Testimony
Page 16 of 20 pages
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COURT:
Q : You earlier said that based on your perception, the loud noise
originated from the right side of the truck.
A : Yes.
Q : After hearing that, you went to the other side of the truck, on the right
side of the truck.
A : Yes.
Q : At the outermost and the middle. So which tire did the tricycle collide?
A : The tricycle collided in the middle axle.
Q : In the middle axle. So, meaning, in between the front tire and the tire at
the back.
A : Yes.
COURT:
Okay. You continue.
ATTY. MONTORO:
Q : Did you recognize the driver of the tricycle who collided with the truck?
A : I later knew him to be Johnny Arches.
CRIM. CASE NO. C-253-17
TSN dated 15 May 2023
WITNESS: TEOFILO ROSAL
Direct-Examination Testimony
Page 17 of 20 pages
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COURT:
Q : Later? Later after the incident?
A : Yes.
ATTY. MONTORO:
Q : Can you please tell us what the accused and Francisco Lumawag do
after Jonny Arches collided with the truck?
A : They loaded him unto the tricycle.
COURT:
Q : When you saw Johnny Arches, where was he located?
A : On the side of the truck.
COURT:
Continue.
ATTY. MONTORO:
Q : And why did the accused and Francisco Lumawag load Johnny Arches
onto the tricycle?
A : To bring him to the hospital.
COURT:
Q : Now, which route did the tricycle take in bringing Johhny Arches to the
hospital? The one going back to Roxas City or the one going to
Baybay?
A : Going to Roxas City.
COURT:
Continue.
CRIM. CASE NO. C-253-17
TSN dated 15 May 2023
WITNESS: TEOFILO ROSAL
Direct-Examination Testimony
Page 18 of 20 pages
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ATTY. MONTORO:
Q : And can you please tell us why the accused did not accompany
Francisco in bringing Johnny Arches to the hospital?
A : Because the truck could not be left unattended.
Q : And did the police arrive in Arnaldo Boulevard to check the incident?
A : Yes.
COURT:
Q : How many minutes after the tricycle had left?
A : Ten to fifteen minutes.
ATTY. MONTORO:
Q : When the police arrived, what did the police do?
A : They investigated the driver.
COURT:
Q : Did they also investigate you?
A : Yes.
Q : When the police arrived, where was the truck already located or
positioned?
A : Still in the center of the road.
Q : So in other words, Rey Rosal did not move the truck after the collision?
A : No more.
Q : When the police arrived, were all the lights still on?
A : Yes.
Q : What about the tail horn, was it still on when the police officers arrived?
A : Yes.
COURT:
Continue.
ATTY. MONTORO:
Q : So after the police conducted investigation, what did the accused do?
A : They also went to the hospital.
COURT:
Q : So he followed Johnny Arches to the hospital?
A : Yes.
ATTY. MONTORO:
Q : Who accompanied the accused?
A : The policeman.
COURT:
Q : Was Francisco Lumawag, of your own personal knowledge, also
investigated by the police who arrived?
A : I don’t know, Your Honor, because I was left in the truck.
ATTY. MONTORO:
That would be all, Your Honor. I have no further questions.
COURT:
We have no time for cross, Prosecutor. Next trial?
ATTY. AGUIRRE:
Supposedly on June 05, June 26, and July 24.
ACP SIRIBAN:
July 20.
CRIM. CASE NO. C-253-17
TSN dated 15 May 2023
WITNESS: TEOFILO ROSAL
Direct-Examination Testimony
Page 20 of 20 pages
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COURT:
Cancel the June 5 and 26, and July 24.
ORDER
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.