C-205-15 TSN Dated 08 March 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 CRIMINAL CASE NO. C- 205-15
EDJOHN GUZMAN y FOR: MURDER

MASBAÑO, (D)
Accused.
x- - - - - - - - - - - - - - - - - - - - - - x
TRANSCRIPT OF STENOGRAPHIC NOTES
taken down by the undersigned Stenographer

during the hearing of the above-entitled case held
on the 08th day of March 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
Branch Clerk of Court
MRS. ROIDA MAY B. AMOSIN

Court Interpreter III
Appearances:
APP JP ANTHONY D. CUÑADA
Public Prosecutor
ATTY. MA. KRISTINA R. GIGAWIN

Private Prosecutor
ATTY. SERGIE V. GEVERO

Counsel for the Accused
Witness:
Criminal Case No. C-205-15
PP vs. Edjohn Guzman
TSN dated 08 March 2023
Witness: Mr. Edjohn Guzman
Testimony Completed
Page 2 of 17 pages
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MR. EDJOHN GUZMAN

First Witness for the Defense
COURT:
Go to case No. 7.
INTERPRETER:
For: Murder
People of the Philippines versus Edjohn Guzman y Masbaño
Accused is present. Appearances?
ATTY. MA. KRISTINA R. GIGAWIN:

Good morning, your Honor, respectfully appearing as private prosecutor,
your Honor.
ATTY. SERGIE V. GEVERO:

As counsel de oficio for the accused. Ready with one witness, the
accused himself, your Honor.
COURT:
Second call.
***SECOND CALL***
COURT:
Call again case No.7.
INTERPRETER:
People of the Philippines versus Edjohn Guzman y Masbaño
Accused is present.
ATTY. SERGIE V. GEVERO:

Ready, Your Honor, to continue with his direct testimony, Your Honor.
COURT:
Guzman, balik ka sa witness stand.
Testimony Completed
Page 3 of 17 pages
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INTERPRETER:
Witness on stand is the accused himself. He will be testifying under
the same oath on continuation of his direct-examination testimony.
ATTY. GEVERO:
May I proceed, Your Honor?
Q : Mr. Witness, do you remember during your last testimony that you
mentioned that together with your sister, before going home, you drop
by behind a jeepney where your father and Julie Tolones is having an
altercation, is that correct?
A : (no answer yet)
ATTY. GIGAWIN:
Your Honor please, I think the witness, Your Honor, did not say that
the vehicle is a jeepney, Your Honor.
COURT:
Okay.
ATTY. GEVERO:
May I rephrase that, Your Honor?
COURT:
Okay. Answer. Your answer? Ang ulihi nga gin testigaran mo diri
nga ikaw, upod sang imo utod nga babayi, antes kamo nag pauli,
naghapit sa salakyan kung diin ang biktima nga si Julie Tolones kag
ang imo amay nagasu-ay, correct?
A : Yes, Your Honor.
COURT:
You clarify what kind of vehicle was that.
ATTY. GEVERO:
Yes, Your Honor.
Q : Mr. Witness, do you remember what kind of vehicle was that at that
night?
A : I cannot remember what kind of vehicle was it, Sir.

Testimony Completed
Page 4 of 17 pages
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COURT:
Okay.
Q : So, it was not a truck?
A : It was the vehicle of the barangay, Your Honor.
Q : So it was a vehicle owned by the barangay, correct?
Q : So that was not a truck?
A : No, Your Honor.
Q : It was not a tricycle?
A : No, Your Honor.
Q : Was it a jeepney?
A : A Rusco, Your Honor.
COURT:
Okay. So how do we say it, Atty. Gevero?
ATTY. GEVERO:
A multi-cab.
COURT:
Q : So it was a multi-cab.
Q : Having four (4) wheels?
COURT:
Okay. that settles. Okay, Atty. Gigawin?
ATTY. GIGAWIN:
Yes, Your Honor. Thank you, Your Honor.
Testimony Completed
Page 5 of 17 pages
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COURT:
You continue.
ATTY. GEVERO:
Q : You testified that when you tell your father and Julie Tolones to calm
their selves, suddenly Julie Tolones got a bolo and attempted to hack
you, is that correct?
A : Yes, Sir.
Q : Now my question is, what did you do when Julie Tolones did that?
A : (no answer yet)
COURT:
You repeat your question.
ATTY. GEVERO:
Yes, Your Honor.
Q : What did you do when Julie Tolones did that?
A : I told him to stop because you are already disturbing the people who
are already sleeping inside the house.
Q : After saying that, Mr. Witness, did you and your sister go home
already?
A : (no answer yet)
ATTY. GIGAWIN:
Your Honor, the question is leading. I think the witness did not say
that he was on his way, Your Honor.
COURT:
There was a basis, Atty. Gigawin. Ang hambal sini kagaina antis
kamo nagpauli sang imo utod naghapit kamo sa likod sang salakyan
kung sa diin nagasu-ay ang biktima kag ang iya amay. May basis.
ATTY. GIGAWIN:
Yes, Your Honor.
ATTY. GEVERO:
What is your answer?
Testimony Completed
Page 6 of 17 pages
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A : Yes, Sir, we went home.

Q : So do you mean to say, Mr. Witness, you leave your father and Julie
Tolones there from where they were at that time?
A : Yes, Sir.
COURT:
Q : Did you ever come back? Okay. Were you able to reach your house?
Q : When you reached home, did you ever go back to the place where
you left Julie Tolones and your father?
A : No, Your Honor.
COURT:
So denial.
ATTY. GEVERO:
Q : And Mr. Witness, when you arrived home together with your sister,
what did you do next if any?
A : We went to sleep, Sir.
Q : And around what time, Mr. Witness, did you wake up, Mr. Witness that
morning?
A : Around seven o’clock, Sir.
Q : When you woke up at around seven o’clock in the morning, Mr.

Witness, did you of any news about what happened to Julie Tolones?
A : (no answer yet)
COURT:
Q : Did you hear of any news about what happened to Julie Tolones in the
early morning of 25 September 2014?
A : None, Your Honor.
Q : So where is Julie Tolones now?

Testimony Completed
Page 7 of 17 pages
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A : I don’t know, Your Honor.

Q : Julie Tolones died in 2014 at two o’clock in the morning. Do you to tell
the Court up to now you do not know that he already died?
A : I was able to know that he died because I was made to surrender by a

barangay councilor, Your Honor.
Q : So, you surrendered to certain Jovy Dela Cruz, correct?
Q : Jovy Dela Cruz is a barangay kagawad of Sinamongan, correct?
Q : Of Pilar.
Q : You surrendered to him at eight o’clock in the morning of 25

September 2014, correct?
Q : And then you and Jovy Dela Cruz went to Salong, Balasan in the
same morning, correct?
A : Yes, Sir, he fetched me and we went to Salong because we cannot

pass through our barangay.
Q : And at eleven-thirty o’clock in the morning of the same day, you were
brought back to the Pilar Municipal Police Station, correct?
COURT:
Anything else?
ATTY. GEVERO:
Q : After going to the Pilar Municipal Police Station, did they put you
inside the jail?
Testimony Completed
Page 8 of 17 pages
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A : Yes, Sir.
Q : The next day, Mr. Witness, were you able to get out of the cell?
A : Yes, they released me, Sir.
ATTY. GEVERO:
I have no more direct, Your Honor.
COURT:
Cross?
ATTY. GIGAWIN:
For a while, Your Honor. Yes, Your Honor, please.
Q : Mr. Witness, you are a farmer, correct?
A : Yes, Ma’am.
Q : And as a farmer, do you carry with you a bolo in your day-to-day

activities as a farmer?
A : Sometimes, Ma’am, if there are works to be done.
Q : On September 24, 2014, do you remember if you had a bolo with you
when you went to your work as a farmer?
A : (no answer yet)
ATTY. GEVERO:
Your Honor please, the witness did not testify that he went to the farm
on that day, Your Honor.
COURT:
Atty. Gigawin, let’s go to the basics, okay? What is the difference
concerning the matters on cross-examination between an ordinary
witness and the accused? If the witness being cross-examined is an
ordinary witness, meaning, not the accused, anything under the sun
which is relevant can be asked of him but if the witness to be cross-
examined is the accused, only matters taken during his direct can be
asked during cross-examination, correct? Why is that so? That is
because if the Court will allow the cross-examination to cover things
not included in the direct, that would violate the right of the accused
Testimony Completed
Page 9 of 17 pages
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against self-incrimination. So the Court will not allow your question.
ATTY. GIGAWIN:
We submit, Your Honor.
COURT:
Only on matters taken during the direct.
ATTY. GIGAWIN:
Yes, Your Honor. We submit, Your Honor. May I proceed, Your Honor?
Q : When you left the wake of your Lola, Mr. Witness, you mentioned that
you passed by a group of people who are drinking, is that correct?
A : Yes, Ma’am.
Q : And you also said that you joined the people who were drinking at that
time?
A : They forced me to drink, Ma’am.
COURT:
Okay.
Q : Whether you were forced to drink, or you voluntarily joined them to

drink, does not matter. But did you drink with the group?
A : Yes, I was able to drink a shot.
Q : Now, the people you joined drinking, how many were they?
A : Five (5), Your Honor.
Q : So, from what time did you pass by that group?
A : Around two-thirty, Your Honor.
Q : And what time did you leave them?
A : Around two-thirty, Your Honor.
Q : You joined them at two-thirty and you left them also at two-thirty, is
that what you mean?
Testimony Completed
Page 10 of 17 pages
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A : I just estimate the time, Your Honor.

Q : Okay. By the way, what is your highest educational attainment?
A : Grade 1, Your Honor.
Q : You drunk there ESQ, correct?
Q : Could you tell the Court how many shots you took?
A : Two (2), Your Honor.
Q : Could you tell us the glass you used?
A : A small glass.
INTERPRETER:
The witness is demonstrating the size of the glass with his left hand to
be more or less two (2) inches in height, Your Honor.
COURT:
Q : Were the shots you took filled that glass?
A : No, Your Honor.
Q : Do you usually drink liquor?
A : No, Your Honor. Sometimes.
Q : You don’t drink every day?
A : No, Your Honor.
Q : So you only drink occasionally?
COURT:
Drunkenness could either be considered as an aggravating or
mitigating, correct?
Testimony Completed
Page 11 of 17 pages
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ATTY. GEVERO:
Yes, Your Honor.
COURT:
Okay. Continue.
ATTY. GIGAWIN:
Thank you, Your Honor.
Q : When you were drinking, did you see the multicab?
A : Yes, I saw it.
Q : How about the voice of your father, did you hear the voice of your
father from where you were drinking at that time?
A : No, Ma’am.
Q : And you also did not see him from where you were standing?
A : No, Ma’am.
Q : And then the person who was together with you drinking at that time, a
certain Bongbong told you that, you have to check on your father
because he is having an altercation with Julie Tolones. Do you
confirm that?
A : Yes.
Q : And then you also mentioned that you check with your father and Julie
Tolones. Did you see them in front of the multicab?
A : No, Ma’am.
COURT:
Q : Okay. But did you check on your father and Julie Tolones?
Q : And where did you see them?
A : At the back of the vehicle, Your Honor.
Q : You saw them when you were already going home from the store?
Testimony Completed
Page 12 of 17 pages
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COURT:
Anything else?
ATTY. GIGAWIN:
Q : When you approached your father and Julie Tolones, Mr. Witness, can
you tell this Honorable Court your distance and position in relation to
the two of them?
A : More or less six arms-length, Ma’am.
Q : Is your father facing you, Mr. Witness?
Q : And Julie Tolones is in front of you?
A : Yes, Ma’am.
Q : You mentioned earlier that Julie Tolones attempted to grab his bolo to
hack you. Do you confirm that?
A : Yes, Ma’am.
Q : When you say “attempted to grab his bolo”, do you mean that Julie
Tolones was able to pull his bolo?
A : (no answer yet)
***OFF THE RECORD***
ATTY. GIGAWIN:
Q : So Mr. Witness, when Julie Tolones attempted to hack you with his
bolo, you mentioned that you only told him to stop what they are doing
because are disturbing the people who are already sleeping. Do you
confirm that?
A : Yes, Ma’am.
Testimony Completed
Page 13 of 17 pages
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Q : Don’t you remember, Mr. Witness, that during your previous direct-
examination, you mentioned that when Julie Tolones attempted to
hack you, you grabbed the bolo from his hand?
A : Yes, Ma’am.
Q : So which is correct, Mr. Witness? You grabbed the bolo from Julie
Tolones, or, you just ignored it and just told him to stop what they are
doing because they are disturbing the people who are already
sleeping?
A : I grabbed the bolo from Julie Tolones and I turned over it to my father
because he is a CVO.
COURT:
Q : And then you left?
Q : So, you and your father were living in the same house at that time?
COURT:
Atty. Gigawin.
ATTY. GIGAWIN:
Q : You also mentioned, Mr. Witness, that you proceeded home and then
you slept. How about your father? Did you know if your father went
home on that night?
A : I don’t know if my father was able to go home because I already went

to sleep, Ma’am.
COURT:
Q : Did you ever try to ask your father what ultimately happened between
him and Julie Tolones on that night?
A : No, Your Honor.
Q : Even up to now?
Testimony Completed
Page 14 of 17 pages
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A : No, Your Honor.
COURT:
Atty. Gigawin, that’s your call whether to proceed or not to proceed.
ATTY. GIGAWIN:
Q : On the morning of September 25, 2014, you mentioned earlier that

Brgy. Konsehal Juvy Dela Cruz went to you in Brgy. Salong, Balasan,
Iloilo, correct?
A : (no answer yet)
ATTY. GEVERO:
Objection, Your Honor, misleading.
COURT:
No, no. Okay.
Q : Your father is Edgardo, correct?
Q : Your father Edgardo went to Juvy Dela Cruz, correct?
A : I do not know, Your Honor.
COURT:
Atty. Gigawin, are you done?
ATTY. GIGAWIN:
Just a few questions, Your Honor.
Q : When Juvy Dela Cruz went to you in Brgy. Salong, Balasan, Iloilo, Mr.
Witness…..
ATTY. GEVERO:
Objection, Your Honor, misleading. The witness did not testify that
Kgwd. Dela Cruz went to him in Brgy. Salongh, Balasan.
ATTY. GIGAWIN:
I think the witness testified, Your Honor.
Testimony Completed
Page 15 of 17 pages
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(THE COURT AND ATTY. GIGAWIN ARE TALKING IN A LOCAL DIALECT)
ATTY. GIGAWIN:
Okay.
Q : Who told Juvy Dela Cruz that you will surrender? Was it you, your
father, or Juvy Dela Cruz?
A : It was Juvy Dela Cruz, Ma’am.
Q : Did Juvy Dela Cruz tell you why will you surrender?
A : He told me to surrender.
Q : Did you ask why you will surrender, and for what reason?
A : Yes, I asked him why will I surrender because I do not know what was
my fault or wrongdoing.
Q : At that time, Mr. Witness, you were not yet aware that Julie Tolones
was already dead?
A : No, Ma’am.
Q : And even though you do not know for what reason….
COURT:
Atty. Gigawin, the Court apologizes. Lantawa bala ginapaamin mo na
siya, Gina incriminate mo na siya sa imo mga pamangkot. But it
started it all when the Court asked him those questions.
ATTY. GIGAWIN:
I am only asking him, Your Honor, if was there a reason for him to
surrender if he did not do any crime at all, Your Honor.
COURT:
In effect ginapaamin mo siya nga nakahimo siya malain. Amo ina ang
sense sang self-incrimination. Di bala?
ATTY. GIGAWIN:
Testimony Completed
Page 16 of 17 pages
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Yes, Your Honor.
COURT:
You go to other points.
ATTY. GIGAWIN:
We have no more questions, Your Honor.
COURT:
Any re-direct?
ATTY. GEVERO:
None, Your Honor.
COURT:
Okay. Edjohn, your testimony is over. You may now step down from
the witness stand and thank you for your time.
ATTY. GEVERO:
May I ask for one more setting, Your Honor?
INTERPRETER:
May 24.
COURT:
Okay.
ORDER
After the complete testimony of accused Edjohn Guzman y Masbaño,

first defense witness, presentation of additional defense evidence is
set on 24 May 2023 at eight-thirty o’clock in the morning.
Public prosecutor Associate Provincial Prosecutor JP Anthony D.

Cuñada, private prosecutor Atty. Ma. Kristina R. Gigawin, defense
counsel Atty. Sergie V. Gevero, accused Edjohn Guzman y Masbaño,
and private complainant Jun-jun B. Tolones are all notified of this
Order in open court.
SO ORDERED.
Testimony Completed
Page 17 of 17 pages
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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,

versus CRIMINAL CASE NO. C- 205-15

EDJOHN GUZMAN y FOR: MURDER

TRANSCRIPT OF STENOGRAPHIC NOTES

taken down by the undersigned Stenographer

JENNIE ROSE S. SOLOCASA

MRS. ROIDA MAY B. AMOSIN

ATTY. MA. KRISTINA R. GIGAWIN

ATTY. SERGIE V. GEVERO

MR. EDJOHN GUZMAN

People of the Philippines versus Edjohn Guzman y Masbaño

Accused is present. Appearances?

ATTY. MA. KRISTINA R. GIGAWIN:

ATTY. SERGIE V. GEVERO:

People of the Philippines versus Edjohn Guzman y Masbaño

ATTY. SERGIE V. GEVERO:

A : (no answer yet)

A : Yes, Your Honor.

A : I cannot remember what kind of vehicle was it, Sir.

A : It was the vehicle of the barangay, Your Honor.

Q : So it was a vehicle owned by the barangay, correct?

A : Yes, Your Honor.

Q : So that was not a truck?

A : No, Your Honor.

Q : It was not a tricycle?

A : No, Your Honor.

A : A Rusco, Your Honor.

A : Yes, Your Honor.

Q : Having four (4) wheels?

A : Yes, Your Honor.

A : (no answer yet)

Q : What did you do when Julie Tolones did that?

A : (no answer yet)

A : Yes, Sir, we went home.

A : Yes, Your Honor.

A : No, Your Honor.

A : We went to sleep, Sir.

A : Around seven o’clock, Sir.

Q : When you woke up at around seven o’clock in the morning, Mr.

A : (no answer yet)

A : None, Your Honor.

Q : So where is Julie Tolones now?

A : I don’t know, Your Honor.

A : I was able to know that he died because I was made to surrender by a

Q : So, you surrendered to certain Jovy Dela Cruz, correct?

A : Yes, Your Honor.

Q : Jovy Dela Cruz is a barangay kagawad of Sinamongan, correct?

A : Yes, Your Honor.

A : Yes, Your Honor.

Q : You surrendered to him at eight o’clock in the morning of 25

A : Yes, Your Honor.

A : Yes, Sir, he fetched me and we went to Salong because we cannot

A : Yes, Your Honor.

A : Yes, they released me, Sir.

Q : Mr. Witness, you are a farmer, correct?

Q : And as a farmer, do you carry with you a bolo in your day-to-day

A : Sometimes, Ma’am, if there are works to be done.

A : (no answer yet)

against self-incrimination. So the Court will not allow your question.

A : They forced me to drink, Ma’am.

Q : Whether you were forced to drink, or you voluntarily joined them to

OFF THE RECORD