Republic of the Philippines

National Capital Judicial Region

METROPOLITAN TRIAL COURT
City of Paraaque
Branch 78

PEOPLE OF THE PHILIPPINES CRIM. CASE NO. 08-1602

- versus - - for -

MELCHOR CABARLES OLIVA, Viol. of PD 1866 as amended by RA 8294

Accused.
X------------------------------------------------------------------------------------------------X

TRANSCRIPT
Of the proceedings held at the sala of
Metropolitan Trial Court, Paraaque City
For the Cross, Re-direct, Re-cross Examination of the Prosecutions Witness

PO2 EDGARDO JOSE

On

June 18, 2012

At 10:30 in the morning
before

HON. RAMSEY DOMINGO G. PICHAY

Presiding Judge

Appearances:

HON. HON. LAMBERTO C. FABROS : STATE PROSECUTOR

ATTY. RONALD C. SULLA : DEFENSE COUNSEL

Taken by:

MARY ALELIE D. BATINO

Court Stenographer II
TSN CRIM. CASE NO. 08-1602
JUNE 18, 2012
CROSS, RE-DIRECT, AND RE-CROSS EXAM. OF THE PROSECUTIONS
WITNESS
X------------------------------------------------------------------------------------------------X

COURT : COURT IS NOW IN SESSION.

CALL THE CASE.

CLERK OF COURT : We are calling the case of People versus

Melchor Cabarles Oliva for Violation of PD
1866 as amended by RA 8294.

COURT : Appearances?

FISCAL FABROS : For the government, ready, Your Honor.

ATTY.SULLA : For the accused, ready, Your Honor.

COURT : Call your witness.

CLERK OF COURT : We are calling the witness,

Ma. Gloria Ibanez, on the witness stand.

(WITNESS GOES TO THE WITNESS STAND UNDER THE SAME OATH.)

CLERK OF COURT : Witness is now ready, Your Honor.

ATTY.SULLA : May I proceed, Your Honor?

COURT : Proceed.

CROSS EXAMINATION

2
TSN CRIM. CASE NO. 08-1602
JUNE 18, 2012
CROSS, RE-DIRECT, AND RE-CROSS EXAM. OF THE PROSECUTIONS
WITNESS
X------------------------------------------------------------------------------------------------X

ATTY.SULLA : Good morning, Mr. Witness. Is it true that the

incident happened on 28 of September 2008?

WITNESS : Yes Sir.

ATTY.SULLA : At that time, where were you?

WITNESS : Sa may West Service Road sakay ng mobile car

kasama po si PO2 Rivera.

ATTY.SULLA : What was your tour of duty on that day, Mr.

Witness?

WITNESS : Alas otso ng gabi hanggang alas otso ng umaga.

ATTY.SULLA : Mr. Witness, is it true that a certain person

approached you and told you that there was a
shooting incident?

WITNESS : Yes Sir.

ATTY.SULLA : And this West Service Road, where did he tell

the shooting incident happened?

WITNESS : Sa may Villonco Road, Barangay BF.

ATTY.SULLA : Who is this person that told you the shooting

incident?

3
TSN CRIM. CASE NO. 08-1602
JUNE 18, 2012
CROSS, RE-DIRECT, AND RE-CROSS EXAM. OF THE PROSECUTIONS
WITNESS
X------------------------------------------------------------------------------------------------X

WITNESS : Concerned citizen, hindi na po nagpakilala.

ATTY.SULLA : You did not inquire about his identity?

WITNESS : Hindi na basta ang ginawa namin pumunta agad

kami dun sa area.

ATTY.SULLA : Did you bring the said person who told you the
shooting incident?

WITNESS : Hindi na po.

ATTY.SULLA : Mr. Witness, how far was that West Service

Road from Villonco Road?

WITNESS : Ano po kasi yun e intersection. Eto yung West

Service Road at eto yung Villonco Road.

ATTY.SULLA : How far? Can you estimate?

WITNESS : Malayo pa.

ATTY.SULLA : Around how many kilometers?

WITNESS : Approximately 200 meters.

ATTY.SULLA : Mr. Witness, upon learning of this shooting

incident, you immediately went to the place of
shooting?

4
TSN CRIM. CASE NO. 08-1602
JUNE 18, 2012
CROSS, RE-DIRECT, AND RE-CROSS EXAM. OF THE PROSECUTIONS
WITNESS
X------------------------------------------------------------------------------------------------X

WITNESS : Opo.

ATTY.SULLA : And you were the driver of the said mobile 432?

WITNESS : Ako po.

ATTY.SULLA : So how fast were you driving?

WITNESS : 30 to 40 km.

ATTY.SULLA : You responded to an emergency shooting

incident and drove only thirty to forty
kilometers?

WITNESS : Medyo madilim po dun sa Villonco Road e kaya

mabagal ako.

ATTY.SULLA : Mr. Witness, you stated that you saw the accused
Melchor Oliva with another person. Who is this
person?

WITNESS : Si Ronnie Canete po.

ATTY.SULLA : Is it true that you saw him in the Villonco Road

walking?

WITNESS : Opo.

5
TSN CRIM. CASE NO. 08-1602
JUNE 18, 2012
CROSS, RE-DIRECT, AND RE-CROSS EXAM. OF THE PROSECUTIONS
WITNESS
X------------------------------------------------------------------------------------------------X

ATTY.SULLA : You admit earlier that the road was dark and yet
you are responding to an emergency. How were
you able to see the two persons, Ronnie and
Melchor?

WITNESS : May parting maliwanag. Nung makita namin

siya, kasi nasa right side kami. Nakita namin sila,
nauuna si Ronnie.

ATTY.SULLA : So they were not together? One of the accused

was on the other side?

WITNESS : Pareho po sila nandun sa side pero nauuna si

Ronnie Canete.

ATTY.SULLA : Mr. Witness, you testified last hearing that it was

actually PO2 Rivera who saw the accused
Melchor Oliva. Is that correct?

WITNESS : Opo.

ATTY.SULLA : So you were not the one who arrested?

WITNESS : Hindi po.

ATTY.SULLA : Mr. Witness, is it true that you conducted an

investigation with regards to the shooting
incident?

6
TSN CRIM. CASE NO. 08-1602
JUNE 18, 2012
CROSS, RE-DIRECT, AND RE-CROSS EXAM. OF THE PROSECUTIONS
WITNESS
X------------------------------------------------------------------------------------------------X

WITNESS : Hindi po.

ATTY.SULLA : Mr. Witness, were you the one who presented

this sumpak to the Honorable Court?

WITNESS : Hindi po.

ATTY.SULLA : Then Your Honor, we are objecting to the

presentation of said sumpak. As he stated
earlier, he was not the one who arrested and he
was not the one who presented this to the
Honorable Court.

COURT : He was not the one who presented the sumpak.

You present another witness.

FISCAL FABROS : Yes, Your Honor.

ATTY.SULLA : No further questions, Your Honor.

RE-DIRECT EXAMINATION

FISCAL FABROS : Mr. Witness, who then apprehended Melchor

Cabarles Oliva?

WITNESS : Si PO2 Angelito Rivera po.

FISCAL FABROS : And has he testified before the Honorable Court?

7
TSN CRIM. CASE NO. 08-1602
JUNE 18, 2012
CROSS, RE-DIRECT, AND RE-CROSS EXAM. OF THE PROSECUTIONS
WITNESS
X------------------------------------------------------------------------------------------------X

WITNESS : Ang pagkakaalam ko po hindi pa po.

FISCAL FABROS : Who accompanied PO2 Angelito Rivera when he

apprehended Melchor Cabarles Oliva?

WITNESS : Magkasama po kami.

FISCAL FABROS : Why did PO2 Angelito Rivera accompanied by

you apprehend Melchor Cabalres Oliva?

WITNESS : Hawak hawak niya po yung alleged sumpak.

FISCAL FABROS : And was it on plain sight?

WITNESS : Yes.

FISCAL FABROS : And if that sumpak will be shown to you, will

you be able to identify the same?

WITNESS : Yes Sir.

FISCAL FABROS : Im showing to you

COURT : Wait. Is this Edgardo Jose?

FISCAL FABROS : Yes, Your Honor.

COURT : Okay.

8
TSN CRIM. CASE NO. 08-1602
JUNE 18, 2012
CROSS, RE-DIRECT, AND RE-CROSS EXAM. OF THE PROSECUTIONS
WITNESS
X------------------------------------------------------------------------------------------------X

FISCAL FABROS : Im showing to you this improvised shotgun or

sumpak. Kindly go over this and tell us if you
can identify this?

WITNESS : Yes, Sir.

FISCAL FABROS : And why were you able to identify that

sumpak or improvised shot gun?

WITNESS : Nilagyan po namin ng initial to Sir.

FISCAL FABROS : Why did you put those marking in that

sumpak? What is your purpose?

WITNESS : Para po maidentify yung sumpak.

FISCAL FABROS : From whom were you able to recover?

WITNESS : Kay Melchor Oliva po.

FISCAL FABROS : May we request, Your Honor, that this

improvised shotgun Who placed this marking
here, these identifying marks?

WITNESS : Hindi ko po alam. Baka po yung tiga SOCO na

po.

FISCAL FABROS : Why did you refer this to SOCO?

9
TSN CRIM. CASE NO. 08-1602
JUNE 18, 2012
CROSS, RE-DIRECT, AND RE-CROSS EXAM. OF THE PROSECUTIONS
WITNESS
X------------------------------------------------------------------------------------------------X

WITNESS : For ballistic examination.

FISCAL FABROS : Your Honor, may we request that this sumpak

identified by the witness be marked as Exhibit
C.

After you recovered the shotgun, which

according to you was being carried in plain sight
by the accused in this case, what did you do with
the accused in this case?

WITNESS : Dinala po siya sa opisina namin Sir.

FISCAL FABROS : Did you read him his institutional rights?

WITNESS : Yes, Sir.

FISCAL FABROS : For the record, Your Honor, we are returning the
improvised sumpak as Exhibit C.

RE-CROSS EXAMINATION

ATTY.SULLA : Mr. Witness, you said that you marked that

sumpak. However, during your cross
examination, you stated you did not conduct the
investigation. Is this it normal procedure for a
person not included in an investigation to be the
one to mark the evidence?

10
TSN CRIM. CASE NO. 08-1602
JUNE 18, 2012
CROSS, RE-DIRECT, AND RE-CROSS EXAM. OF THE PROSECUTIONS
WITNESS
X------------------------------------------------------------------------------------------------X

FISCAL FABROS : Your Honor, I think the witness has already

testified that he did not mark it. He is only the
apprehending officer.

ATTY.SULLA : No, Your Honor. Earlier he stated that he was the

one.

FISCAL FABROS : No, Your Honor. Sabi nga nya I dont know.

COURT : Ask him.

ATTY.SULLA : Are you the one who marked this sumpak?

WITNESS : Hindi po.

ATTY.SULLA : But you stated that you submitted this to the

SOCO?

WITNESS : Opo.

ATTY.SULLA : Is it normal for a police procedure that the person

who is not involved in the investigation to submit
an evidence for. Why did you submit this
again to SOCO?

WITNESS : Para po malaman kung pinaputok yung sumpak.

ATTY.SULLA : So is it normal for a person not involved in the

investigation to submit an evidence for ballistic

11
TSN CRIM. CASE NO. 08-1602
JUNE 18, 2012
CROSS, RE-DIRECT, AND RE-CROSS EXAM. OF THE PROSECUTIONS
WITNESS
X------------------------------------------------------------------------------------------------X

examination?

WITNESS : Normal po yun. Pero kami po ang nakahuli kaya

kami ang magsasubmit sa SOCO.

ATTY.SULLA : Did you obtain a receipt from SOCO with

regards to the submission of this sumpak?

WITNESS : May receive copy po kami.

(The witness handed over the document.)

FISCAL FABROS : May we request, Your Honor, that the document

presented by the witness be marked as Exhibit
D for the prosecution.

ATTY.SULLA : Your Honor, we would just like to make a

manifestation that this is not a receiving copy.
This is just a memorandum, Your Honor, for a
request for ballistic examination and this is
merely a photocopy, Your Honor.

FISCAL FABROS : There is, Your Honor, at the bottom portion a

stamp PNP Crime Lab Southern Police Office.
At the bottom portion, at the right bottom
portion, this is the receiving copy. Tama ba yung
nasa ilalim?

WITNESS : Yes, Sir.

12
TSN CRIM. CASE NO. 08-1602
JUNE 18, 2012
CROSS, RE-DIRECT, AND RE-CROSS EXAM. OF THE PROSECUTIONS
WITNESS
X------------------------------------------------------------------------------------------------X

FISCAL FABROS : We reiterate our motion that the same be marked

as Exhibit D for the prosecution, provisional.

ATTY.SULLA : Mr. Witness, did you take a picture of this

sumpak?

WITNESS : Di ko po matandaan.

ATTY.SULLA : Mr. witness, who marked this

FISCAL FABROS : Excuse me, counsel. May we request, Your

Honor, that the stamp from PNP Crime Lab be
bracketed and marked as exhibit D-1 and we
respectfully move that the same be appended to
the Court record.

ATTY.SULLA : Mr. Witness, who marked this shotgun?

WITNESS : Ang imbestigador po.

ATTY.SULLA : Who was the investigator?

WITNESS : Hindi ko na po maalala. Eto po Sir, SPO2

Edgardo Parena.

ATTY.SULLA : So you were not the one who took a picture of

this?

13
TSN CRIM. CASE NO. 08-1602
JUNE 18, 2012
CROSS, RE-DIRECT, AND RE-CROSS EXAM. OF THE PROSECUTIONS
WITNESS
X------------------------------------------------------------------------------------------------X

WITNESS : Hindi po.

ATTY.SULLA : No further questions, Your Honor.

OPEN COURT ORDER IS ISSUED.

COURT : SESSION IS ADJOURNED.

--------------------------------------------------------------------------------------------------------

CERTIFICATION

I hereby certify that the foregoing Transcript of Stenographic Notes are true and
correct to the best of my knowledge and ability.

MARY ALELIE D. BATINO

Court Stenographer II

14