Republic of the Philippines

REGIONAL TRIAL COURT OF BULACAN

Third Judicial Region
Branch 77 City of Malolos
PEOPLE OF THE PHILIPPINES,
Plaintiff,
- versus -

Crim. Case Nos. 16-08

For: Robbery

RICHARD DELA CRUZ y TRILLANA,

Accused.
x-------------------------------x
-

PRESENT 14 January 2016

For the Court:
HON. ALESSANDRO SORIANO
Presiding Judge
Appearances:
Pros. Randy De Castro
Public Prosecutor
Atty. Christian Perez
Counsel for the accused
Witness Presented for the Prosecution:
Maricon S. Esguerra
Private complainant (concluded)
INTERPRETER

All rise..
Witness the Honorable Alessandro Soriano, Presiding

Judge of this court.

The court is now in session. Silence is hereby enjoined.
Please be seated.
COURT

Please call the first case.

INT

Pp v. Richard dela Cruz y Trillana

Crim Case No. 16-08 for the crime of Robbery.
Initial presentation of evidence for the prosecution.

COURT

Appearances?

PROS

Respectfully appearing for the People, your honor.

DEF

Respectfully appearing for the accused, your Honor.

COURT

Are you ready?

PROS

Yes your honor, we are ready.

DEF

Yes your honor, we are ready.

COURT

Is the accused present?

DEF

Yes, your honor.

COURT

:
Lets now proceed to trial. You may now call the first
witness for the prosecution.

PROS

:
With the kind permission of the Honorable Court, May we
call on the first witness for the prosecution private complainant,
Maricon Esguerra.

COURT

Swear in the witness.

INT
and

Do you solemnly swear to tell the truth, the whole truth

nothing but the truth?

CON

Yes maam/sir.

INT

Please state your name and other personal circumstances.

WITNESS
single, and

Im Maricon S Esguerra, 23 years old, a college student,

a resident of 777 Sto. Rosario, Paombong, Bulacan

INT

:
MARICON S. ESGUERRA, after having been duly sworn to
in
accordance with law, stated that she is 23 years old,
single, a resident of 777 Sto. Rosario, Paombong, Bulacan.

PROS
honor.

With the kind permission of this Honorable Court, your

COURT

Proceed.

PROS

:
We are offering the testimony of the first witness, Maricon
S. Esguerra, private complainant in this case to establish and
prove:
(1)
The charge against the accused Richard Dela Cruz for the
crime of robbery on the date and place alleged in the
information your honor.
(2)
That she is the one and the same person as Maricon S.
Esguerra who is the private complainant , victim in this
case.
(3)
The material allegations in the criminal information.
(4)
The damage suffered by the victim in relation to this case.

In the course of her testimony, she will identify the

accused, she will likewise testify on the matters material
to the case. May I proceed your honor?
COURT

Any objection?

DEF

Subject to cross, you honor.

COURT

Proceed.

DIRECT EXAMINATION OF PC CONDUCTED BY PROS. RANDY

Q
:
Miss witness, are you the same private complainant Maricon Esguerra
in this case?
A
:
Yes sir.
Q
:
Do you know RICHARD DELA CRUZ, the accused in this case?
A
:
Yes Sir.
Q
:
Is the accused present inside the courtroom?
A
:
Yes Sir, he is.
Q
:
Can you kindly point the accused?
A
:
Yes Sir.
INT :
The witness pointed on the man on the second bench, left most.
Court :
Please stand.
Prosec :
What is your name sir?
Accused: Richard Dela Cruz po.
INT :
The person pointed by the witness who is seated at the second bench
left most of this court room identified himself as Richard Dela Cruz.
Q
:
Do you know him personally?
A
:
Yes Sir.
Q
:
How come that you know the accused personally?
A
:
Because he lives in the same barangay where I am residing.
Q
:
Have you had any interaction with him?
A
:
None, Sir.
Q
:
Any dealings with him prior to this case perhaps?
A
:
None at all Sir.
Q
:
Why are you in court today Miss Witness?
A
:
To prove that Richard dela Cruz robbed me.
Q
:
When did the robbing incident happened?
A
:
On November 5, 2015 Sir.
Q
:
What time did he rob you?
A
:
Around 9 oclock in the morning Sir.
Q
:
Where did this happen?
A
:
At Mini Stop Paombong sir.
Q
:
What are you doing there early in the morning?
A
:
I went there to meet my friend Roanne Manalo and to get something
to drink.
Q
:
Is there anyone outside the store when you enter it?
A
:
None sir.
Q
:
How about inside the store?
A
:
There is one sir.
Q
:
Who?
A
:
The cashier sir.
Q
:
What did you do when you were already inside the store?

A
Q
A
Q
A

:
My friend and I went to the table to sit.
:
Why did you still sat there?
:
We were waiting for my dad to pick us up.
:
What else happened after that?
:
I took my laptop off its bag coz we were in a rush. I did some research
while waiting for my dad to pick us up.
Q
:
What else happened?
A
:
Someone suddenly grabbed my laptop while I was using it.
Q
:
Will you please describe that laptop you are referring to?
A
:
Yes sir. It is an ASUS laptop X550L Series in the amount of
P42,000.00.
Q
:
Do you recognize this receipt in my possession? (showing it to the
witness)
A
:
Yes sir, that is the receipt of my laptop when I bought it.
PROS:
With the kind permission of the honourable court, If your Honor
please, may we move that this Receipt dated 03 November 2014 with No.
1564464 for an ASUS laptop X550L Series in the amount of P42,000.00 be
marked as Exhibit D to prove the worth of the robbed item.
COURT:
Mark it.
Q
:
Do you know the person who grabbed your laptop?
A
:
Yes Sir.
Q
:
Who is it?
A
:
It is Richard Dela Cruz sir.
Q
:
How did you react?
A
:
I was just shocked.
Q
:
Did you shout?
A
:
No.
Q
:
Why?
A
:
At that time, I focused on getting a good grip on my laptop, and it
happened very fast.
Q
:
What happened after that?
A
:
Despite being shocked! I tried to resist the taking sir. I struggled to
take it back.
Q
:
Were you able to resist the taking?
A
:
No Sir.
Q
:
Why werent you able to resist the taking Ms. Witness?
A
:
Richard Dela Cruz pointed a knife on me and threatened me.
Q
:
What threat Ms. Witness?
A
:
He told me that he will kill me if I will not let go of my laptop.
Q
:
What happened after that?
A
:
Because of fear that he would actually stab me if I do not release it to
him, I let go of my laptop.
Q
:
Can you describe what kind of knife that the accused wielded during
that fateful day when that incident transpired?
A
:
A kitchen knife sir.
Q
:
What happened next?
A
:
He escaped. He ran towards the exit.
Q
:
What did you do after?
A
:
I shouted at him and ask for help.
Q
:
What did you say?
A
:
I shouted Magnanakaw! Tulong!
Q
:
What happened next?

:
Both of us was shocked, Roanne comforted me. It was the first time I
experienced being robbed. The teller ran towards us and asked what
happened.
:
Who witnessed the robbing incident other than Roanne May?
:
I think none sir.
:
Where is the cashier at the time of the incident?
:
I dont know sir. She seems clueless.
:
How long did the robbing incident last?
:
Less than half a minute I think. It happened very fast.
:
Did you not bother to ask for help for the security guard of the Mini-

Q
A
Q
A
Q
A
Q
Stop?
A
:
There is no security guard that time Sir.
Q
:
What did you do after that?
A
:
My friend and I immediately went to the Police Station and reported
the incident sir.
Q
:
Now, in relation to this case, do you remember having voluntarily
executed a document?
A
:
Yes sir.
Q
:
If such document will be shown to you, will you be able to identify the
same?
A
:
Yes sir.
Q
:
Now, Madam Witness, I am showing to you a sinumpaang salaysay
executed by one Maricon S. Esguerra consisting of one page, will you please
kindly look at this affidavit and tell this Honorable Court what relation has
this affidavit of yours with that one you stated you executed?
A
:
This is my Salaysay sir.
PROS:
The witness identified the Sworn Statement previously marked as
Exhibit A.
Q
:
Now, Madam Witness, appearing above on the printed name Maricon
S. Esguerra is a signature will you please kindly tell the Honorable Court
whose signature is this?
A
:
It is my signature, sir.
PROS:
Your Honor, may we request that this signature identified to by the
witness as her signature be marked as Exhibit A-1.
COURT:
Mark it.
Q

:
Under your present oath, do you affirm and confirm the truthfulness
and veracity of what is contained in this Sinumpaang Salaysay?
A
:
Yes sir.
Q
:
What is the effect of that unfortunate and horrific event to you, if any?
A
:
I was very afraid sir and so is Roanne May. It was a very traumatic
experience to me I suffered post traumatic disorder for which, I was
required by my therapist Dr. Joseph Mic to undergo therapy at the Sacred
Heart Hospital for thirty 30 days. Until now, I suffer countless sleepless
nights, anxiety and panic disorder.
Q
:
Do you have any proof of that miss witness?
A
:
Yes sir. Dr. Joseph Mic issued a medical certificate regarding the
therapy session on 09 January 2016 which will start on the same date
regarding the emotional distress I suffered because of the incident.
Q
:
Do you recognize this document I am handling?
A
:
Yes sir. It is the medical certificate regarding my therapy session
issued by Dr. Joseph Mic.

PROS:
Exhibit D.
Court :
INT :
COURT:
Q
:

Your Honor, may we request that this medical certificate be marked as

Mark it.
WITNESS HANDLING A MEDICAL CERTICATE
Mark it.
That will be all your honor.

COURT: Any cross?

DEF :

Cross.
Thats all your honor.

COURT:

Prosecutor, any re-direct?

PROS:

No re-direct your honor.

COURT:

Proceed with the trial. Prosecution, who is your next witness?