Transcript of Stenographic Notes

People vs. John Fernandez

Violation: Illegal Delivery of Dangerous Drugs (Section 5 of R.A. No. 9165)

TESTIMONY OF PROSECUTION WITNESS, POLICE OFFICER DANILO PEREZ

COURT Call your witness.

FISCAL We are calling PO3 Danilo Perez.

INTERPRETER

(TO WITNESS) Please raise your right hand. Do you swear to tell the truth, the whole
truth and nothing but the truth in this trial?

A I do.

INTERPRETER

(TO WITNESS) Please state your name, age and other personal circumstances.

A I’m PO3 Danilo Perez, 43 years old, married, presently assigned as investigator of the
Anti-Carnapping Unit of the Mandaluyong City Police Station.

INTERPRETER

Fiscal, your witness.

FISCAL We will be offering the testimony of this witness, he will testify on the arrest of
the accused, to identify the evidence against him and other matters related thereto. May I
proceed, your honor.

COURT Proceed.

FISCAL

Q Mr. witness, on this date of August 8, 2017 at about 9:00 in the morning where were you,
sir?

WITNESS

A Inside the office of the Anti-Drug Unit of Mandaluyong City.

Q And while you were on duty on that office on that date and time, did anything occur, if
any?
A One of our regular confidential informants arrived at our office.

Q And what was the nature of the business of that regular informant coming to your office?

A He informed our office about a certain JJ. It so happened he is a newly identified drug
peddler of Mandaluyong City. We had been verifying, validating this person and we even have a
picture of him from Face
book in our office.

Q So, having been informed by this regular confidential informant that he would be able to
assist in the.. that he was able to make a deal and score illegal drugs known as shabu against the
certain JJ, what did you then proceed to do if any?

A We immediately informed our Chief PSI Zaragoza

Q And having informed your Chief that there’s a certain JJ peddling drugs, what did you do
if any?

A We immediately started with the buy-bust operation with the confidential informant and
since it was too early in the morning, it was 9:00 in the morning, our operatives first conducted
two other buy-bust operations. I was assigned by our Chief to be the poseur buyer who will be
going along with the regular confidential informant.

FISCAL

Q Mr. witness, you said that you were able to make some research through facebook?

WITNESS

A Yes.

Q You were able to get copies of his pictures?

A Yes, sir.

Q I have with me Exhibit “H”, this one of those screenshots?

A Yes, sir. We took that from his facebook account.

Q Now, aside from the fact that this is a drug operation regularly you are supposed to
acquire authority to operate and pre-operation report?

A Yes, sir.

Q But in this case it was a fast arrest operation?

A Yes, sir.

Q You have a pre-existing authority to operate?

A We used the existing coordination which was coordinated at PDEA prior to the
information given by the regular confidential informant to us.

Q I have approved two provisionally marked documents, one marked as Exhibit “F” and
another one as Exhibit “G”, these are your previous authority to operate and pre-operation
report?

A Yes, sir.

Q So, you are using that you are no longer needed to get a new one?

A Yes, sir.

FISCAL

Q Now Mr. witness, you now have an authority to operate in your drug operation, how
many people are participating?

WITNESS

A There were four operatives - one is together with PO1 Vargas while I was with the
regular confidential informant. The confidential informant told us that he will be meeting the
subject person JJ who is riding a motorcycle, so we also decided to use a private motorcycle in
going to the place of operation, sir.

Q In your operation who is the poseur buyer?

A I am the poseur buyer, sir.

Q Since you are the poseur buyer, you were be given the currency to use in the buy bust?

A Yes, sir.

Q What kind of currency was provided to you?

A One Thousand Peso Bill, sir.

Q And given that this is a specific currency that maybe used in evidence, what would
identify that particular bill?

A I marked it with my initial, sir.

Q What initial if any did you place?

A DAP, sir.

Q Do you have the bill with you?

A Yes, sir.

Q Can you show it to the court?

A Here, sir.

FISCAL Your Honor, at this juncture we will…and where is your initial?

WITNESS

A At the last zero of the One Thousand denomination, sir.

FISCAL This will be our Exhibit “R”, the marking made by the witness will our Exhibit
“R-1”, your honor.

COURT Mark it.

FISCAL

Q So, in your plan two in the buy-bust what would indicate that there is already a successful
transaction between you and this alias JJ Fernandez?

A We agreed that I will hold my chin when the transaction is consummated.

Q Hold your?

A Chin, sir.

Q Now there’s already the plan, you have already the buy-bust money what happened next
Mr. witness?

A We proceeded to the area along Reverend Aglipay, sir.

Q And you went there, what happened when you arrived there at Reverend Aglipay street,
Barangay Pag-asa, Mandaluyong City?

A Before we went there, since we are only four (4) operatives during that time and the
subject person was riding a motorcycle, we could easily escape to riding a motorcycle so we
coordinated with the nearest PCP along the vicinity so that they could post their mobile along
Gabby’s.
Q And what would be the reason why you would need the vehicle to post or to park with
Gabby’s?

WITNESS

A Because sir, the subject person was riding a motorcycle.

FISCAL

Q So what happened after you were able to acquire this motor vehicle to use as blocking
vehicle?

A We proceeded to the area and waited in our private motorcycle while our service vehicle
was near us. So, when we arrived there the subject person is already there in front of 7/11
convenience store.

Q You said, you saw the person the target already at 7/11…

A In front with his motorcycle.

Q The motorcycle was stationary or running?

A Stationary, sir.

Q He was on riding on it or outside of the..

A He was still riding on it.

Q So after you noticed him at the 7/11 convenience store along Aglipay Street still on his
motorcycle which is already stationary, what happened next?

A The informant pointed to me that, “Sir ayun na si JJ” so, I parked behind his motorcycle.
At that juncture our confidential informant called out his name, “JJ”.

Q And what happened after your informant called out his name “JJ”?

A So JJ immediately looked behind us, looked at us since he saw the confidential informant
riding with me, he immediately asked, “Dala nyo ba yung pera?”.

Q After he asked you and your companion “kung dala na ninyo ang pera”, what was your
response if any?

A So I immediately responded, “dala ko na”. At that juncture JJ alighted from his

motorcycle, sir.
FISCAL

Q And after JJ alighted from his motorcycle, what happened next Mr. witness?

WITNESS

A He went to us, sir.

Q How close did he come to you?

A Our motorcycle is just behind his motorcycle.

Q Before we proceed further, the person known as JJ pointed to you by the informant and
who approached you at 7/11 convenience store, is that person in the courtroom?

A Yes, sir.

Q So that the court will know the person you are referring to, can you point to him?

A He is the first person along the isle at the second row, wearing a yellow shirt.

INTERPRETER

(The witness pointed to a person inside the courtroom who when asked by the court
identified himself as John Fernandez, the accused in this case).

FISCAL

Q After you said “dala na namin yung pera”, what did you then do Mr. witness if any?

A I immediately took out the money from my pocket and have it hold to JJ.

Q And after you handed the buy-bust money to JJ, what transpired next?

A At that point he also took out a plastic sachet containing a much larger size sa white
crystalline substance inside which I immediately suspected to be shabu.

FISCAL

Q And when you received this plastic sachet which you suspected to be shabu, what did you
do then Mr. witness?

WITNESS

A I immediately held my chin to givemy other operatives the signal that the buy-bust had
already been consummated.
Q After you gave the signal what happened next, if any?

A At that point the mobile vehicle of PCP 1 who we requested was turning left from
Kalentong going to Reverend Aglipay street so, I believe that JJ saw the mobile vehicle so he
immediately went to his motorcycle.

Q After JJ immediately went to his motorcycle after seeing the motor vehicle of the police,
what happened next?

A Instinctively sir, I thought that he would flee away with this motorcycle so while I’m still
on my motorcycle, I immediately blocked his motorcycle from behind, I immediately blocked
his path so that he could not run with his motorcycle. So at that juncture PO1 Vargas together
with another operative crossed the street and immediately apprehended a subject person.

Q Vargas was able to..What did you see Vargas do, if any?

A As a standard operation procedure, sir we frisked the subject person for any deadly
weapons or arms that he can use against us. So we were able to recover two more sachets
containing suspected shabu and the buy-bust money for our subject person, sir.

Q Now let’s go back to the sachet that you received as part of the buy-bust transaction with
the accused..

A Yes, sir.

Q Would you be able to identify that particular sachet, Mr. witness?

A Yes, sir.

FISCAL

Q What would indicate that it would be the same sachet that you transacted with?

WITNESS

A I also marked it with my initial, sir.

Q What initial did you place on the sachet?

A DAP, sir.

Q This DAP initial that you used to mark the transparent plastic sachet coming from the
buy-bust transaction, where did you made that marking?

A We made that marking at the Barangay Pag-asa, sir.

Q Why not at the place of arrest?

A Because we would not like to cause a commotion at that area. During that time it is a
market time during that morning, it is a busy street along Reverend Aglipay near the..crossing of
Kalentong.

Q Now let’s going back to that marking, you immediately went from the place of arrest to
the barangay or did you go anywhere else first?

A Since the mobile vehicle of PCP where was the nearest service vehicle, we used the PCP
mobile vehicle and went first to our office sir.

Q What did you do at your office, if any Mr. witness?

A We immediately booked the subject person and subjected him to tactical interrogation,
sir.

Q At the headquarters you said you booked, at least your office booked the suspect?

A Yes, sir.

FISCAL

Q I have with me Mr. witness a document, one is for the PNP Arrest and Booking Sheet and
the others appears to be a Mug Shots, are these the documents to show that he was processed in
your office?

WITNESS

A Yes, sir.

Q We are referring your honor to Exhibit “G” and Exhibit “E”. So you went to your office
first before you went to the barangay for marking?

A Yes, sir.

Q So after you booked him and subjected the accused to tactical interrogation, what
happened next?

A We went to barangay Pag-asa, sir.

Q At Barangay Pag-asa that is where you said you performed your marking and you marked
the marking of DAP, I have with me..presenting to you Mr. witness an object evidence marked
as Exhibit “P-1”, can you show the DAP marking that you made?
A This is my marking, sir.

FISCAL Your Honor at this juncture, we will just ask that the marking on Exhibit “P-1” be
considered as “P-1-a”.

COURT Mark it.

FISCAL

Q And since you testified earlier that your companion was able to also confiscate two (2)
sachets of shabu?

A Yes, sir.

Q Did you see what he did with it?

A He also marked it with his signature, sir.

FISCAL

Q What initial did he place, if you saw?

WITNESS

A RSV and RSV-1.

Q You saw him do that?

A Yes, sir.

Q Showing to you Mr. witness, two (2) sachets marked as Exhibit “P-2” and “P-3”, can you
show the marking that you saw placed by your companion Vargas at Barangay office?

A There are the marking RSV and RSV-1.

FISCAL We will ask your honor that with respect to the two (2) sachets they will sub-
marked as Exhibit “P-2-a” and “P-3-a”.

COURT Mark it.

FISCAL

Q Now after you made the marking did you recount what amounts or exhibits that you
marked?

A Yes, sir.
Q What did you use to recount it?

A We used an Inventory Receipt Report, sir.

Q I have with me Mr. witness a document captioned as Receipt of Inventory and Property
seized marked as Exhibit “L”, whose signatures appear at the bottom as seizing officers?

A The first one is my signature and the signature of Vargas.

Q There appears to be a witness to this inventory, who’s this witness if you know?

A Barangay Kagawad of Barangay Pag-asa.

FISCAL

Q Did you contact any other officials as per Section 21?

WITNESS

A We contacted the media personality however we do not know why they have not arriving
at Barangay Pag-asa maybe they did not know where is Barangay Pag-asa is located.

FISCAL At this juncture we will ask that the signature of the seizing officers be marked as
Exhibit “L-1”.

COURT Mark it.

FISCAL The signature of the witness, barangay tanod be bracketed and marked as Exhibit
“L-2”.

COURT Mark it.

FISCAL

Q And this inventory performed on the inventory seized regarding this case somebody took
photograph of the inventory?

A Yes, sir.

Q Who took a photograph?

A Barangay tanod whom we asked for his assistance to take the picture while conducting
the inventory of the seized items.

Q Did you see what he used to take the picture?

A Digital camera, sir.

Q I’m showing to you Exhibit “M” these are three (3) photographs of an inventory, are you
referring to these photographs?

A Yes, sir.

FISCAL

Q Now having done the inventory at the barangay, what did you do then?

WITNESS

A We went back to our office, sir.

Q And what happened at your office?

A We presented or show the items to PO1 Ikzon who was already at our office during that
time, so that he could make referral, proper referrals to the crime laboratory for the chemical
testing of the seized items.

Q Showing to you Mr. witness a document, one is a request for laboratory examination
marked as Exhibit “N”, it is stated here that it was delivered by a certain PO3 Perez, what
relation is that to you?

A That’s me, sir.

Q That is your signature appearing there?

A Yes, sir.

FISCAL We are referring to your honor to a stamp marking marked as Exhibit “N-1”.

Q A second document Mr. witness, appears to be captioned as a chain of custody form

Exhibit “I” whose signature appear in that?

A My signature and the signature of PO1 Vargas.

Q Why do you know that, that is the signature of PO1 Vargas?

A I was there when he signed it.

FISCAL May we ask your honor, that the signatures of witness Perez and PO1 Vargas be
collectively admitted as Exhibit “I-2”.
Q There’s also a request for drug test on this document Mr. witness, stamp marking PO3
Perez and signature that is yours?

WITNESS

A Yes, sir.

FISCAL We are referring your honor to the document marked as Exhibit “K” but
specifically the stamp marking marked as Exhibit “K-1”.

Q Now finally Mr. witness for purposes of investigation and inquest with the Prosecutor’s
Office, you also signed a Pinagsamang Sinumpaang Salaysay and Arrest Report?

A Yes, sir.

Q I have with me Mr. witness, the third page of the Pinagsamang Sinumpaang Salaysay
marked as Exhibit “B” and the third page be marked as Exhibit “B-2”, whose signature appear
there?

A It’s my signature, sir.

COURT Mark it.

Q And the other one?

A The other one is the signature of PO1 Vargas.

Q Why do you know his signature?

A Again sir, he signed it in my presence sir.

FISCAL We ask your honor that the two signatures be marked as Exhibit “B-3” and “B-4”.

COURT Mark it.

FISCAL And as to the arrest report that is also likewise your signature?

A Yes, sir.

FISCAL May we ask your honor that, that two signatures in Exhibit “C” be sub-marked as
Exhibit “C-1” and “C-2”.

COURT Mark it.

TESTIMONY OF DEFENSE WITNESS, BARANGAY TANOD JENNIFER LEE

Interpreter : Please raise your right hand. Do you swear to tell the truth and nothing but
the truth in the course of this trial?

Witness : Yes.

Interpreter : Please state your name and your personal circumstances.

Witness : I’m Jennifer Lee, 46 years old, residing at Barangay 888 Zone 88 San
Roque Street Sta. Ana Manila, Barangay Tanod.

Defense counsel : Your honor the offer for the testimonies to prove the following:
that there’s no buy-bust operation conducted; that it was not PO3 Danilo Perez who she saw at
the scene of the incident and; that the incident took place within the jurisdiction of **interrupted

Court : It was not Perez whom she saw at the place where accused was arrested?

Defense counsel : Yes, your honor. And the alleged arrest incident took place within
the jurisdiction of Barangay San Roque 888 Zone 88 District 6 of Manila, your honor.

Court : Manila?

Defense counsel : Yes, your honor.

Court : So you are a Tanod of Manila?

Witness : Yes.

Court : Is that the boundary or the barangay very near the boundary of the Barangay of
Mandaluyong?

Witness : Yes, your honor.

Court : Go ahead.

Defense counsel : Madam Witness, this place very near the boundary is this what you
commonly call “lihis kalamay” in tagalog?

Witness : Yes.

Q : Can you describe to me why is it called “lihis kalamay”?

A : Bali ang boundary namin ito ang San Roque; ito po ang Mcdonald; ito ang South
Star Drug so talagang parang pinaglihis siya na gano’n kaya po siya tinawag na “lihis kalamay”

Interpreter : Witness describing why it’s called “Lihis kalamay”; it is the boundary
between three (3) areas.
Witness : Opo, Kalentong boundary, Mandaluyong then Manila.

Defense counsel : Madam Witness as Barangay Tanod of Barangay 888 Zone 88

District 6 of Manila; when did you start as Barangay Tanod?

Witness : I started in 2016 as Barangay Tanod.

Q : During the term of whose Barangay Chairman?

A : Chairman Sherwin Enrico po.

Q : So since then, you are still connected as

Barangay Tanod?

A : Yes.

Defense counsel : So the same Barangay where you are working as Barangay Tanod?

Witness : Yes.

Q : You are still connected as Barangay Tanod of that Barangay?

A : Yes.

Q : And your Barangay Chairman is still Mr. Sherwin?

A : Yes.

Defense counsel : As Barangay Tanod Madam, can you describe to me your duties
and responsibilities?

A : Ako po ay isang Tanod. Ang shift po namin ay 6-2 sa umaga pang umaga po kami
ngayon. Bali pito (7) kami; kami po ang naatasan pag lalabas, eh minsan po wala pa po yung
mga kasamahan ko. Lalabas po kami para magpatabi ng mga illegal vendors yung mga nakakalat
na mga vendors ng mga pamilihin nila binebenta nila, kami po ang nagpapalis doon saka po mga
tricycle na illegal po.

Q : So it is correct to say that you roam around the entire Barangay Zone 88?

A : Yes.

Q : Your area of concentration you mentioned vendors and cariton; is this a market
area Madam?

A : Yes.
Q : And on August 8, 2018 at around 8 to 9 o’clock in the morning, do you remember
where were you at this time?

A : I remember walking going to South Star infront of Mcdonalds.

Q : This place is still within the jurisdictional area of Barangay 893?

A : Yes.

Q : What will you do there, Madam Witness?

A : Nagpapaalis po ako ng mga illegal vendors like yung kariton yung mga nakakalat
na paninda nila, yun po.

Q : And were you able to perform that duty of yours Madam?

A : Opo, nakaalis naman po sila ng maayos.

Q : And during the performance of your usual duties, do you remember any unusual
incident during those hours Madam Witness?

A : Yes.

Q : And what was that Madam Witness?

A : Nung oras na iyon napansin ko may isang nakaluhod na tao. Pagbaling ng mata
ko doon sa may harapan ng Mcdo isang Pulis at saka nakaluhod po na mama.

Q : How did you determine that if he was a Police Officer?

A : He was wearing his uniform.

Q : This one person who is kneeling down and this one Police Officer are the only
persons found in that area Madam?

A : Yes.

Q : And this person who is kneeling down… aside from him kneeling down, did you
notice any unusual about him or the way he looks?

A : None.

Q : Can you describe to us in detail what is this person doing aside from kneeling
down?
A : When I saw him in front of Mcdonalds I said to myself “iba ‘to, mukang may
gulo”, then I called our office.

Q : Was he free to move when you saw him kneeling down?

A : Possible.

Q : Can he run?

A : No, he was kneeling down and he was handcuffed.

Q : He was handcuffed?

A : Yes.

Q : What about the Police Officer that you saw what was he doing at that time?

A : He was wearing jacket and he was calling someone and I heard “tawag na kayo
ng mobile”

Q : And from the time you saw them the Police Officer and the person handcuffed,
how long did you stay in that area Madam?

A : Within 20-25 minutes.

Q : And during those 20-25 minutes, are there any other Police Officers who arrived
at the scene?

A : None.

Q : And as Barangay Tanod, what did you do when you saw this Police Officer and
this handcuffed person staying in front of Mcdonalds handcuffed and the other Police Officer
using his cell phone and calling through his cell phone?

A : What I did was I took out my radio and called our Barangay Kagawad Willy
Contreras and my Ex-O.

Q : How far is your Barangay Hall from the area where the incident took place?

A : Around ten (10) minutes.

Q : When you used your radio to call the Kagawad, to whom did you speak over the
radio?

A : Our Kagawad, pinababa ko po silang lahat.

Q : What is the name of that Kagawad?

A : Willy Contreras.

Q : The Kagawad whom you called on the radio, are they with you here inside this
court?

A : Yes.

Q : Can you point to us the Kagawad who responded to your call?

A : Ayun po.

Interpreter : Witness pointing…

Court : Can you describe him? Describe him.

Witness : Tito Willy po, ito po ang aming Kagawad Willy Contreras na nasa loob ng
ating session.

Interpreter : Witness identified Willy Contreras as the male person seated at the second
row left side of the gallery wearing black shirt with bag and holding a black pack and when
asked by this court for his name he answered “Wilfredo Contreras”.

Defense counsel : What do you call this place Madam where the incident took place?
What you commonly call this place?

Witness : Gabbys.

Q : Gabbys. Is this “Gabbys” Madam a name of a street or a name of a store?

A : Hindi po, pangalan po iyan ng lutuan ng tinapay.

Q : So, it became a famous panaderia of Gabbys?

A : Panaderia po.

Q : Does still exist up to this day Madam?

A : No, it does not exist anymore.

Q : Now only old people in Mandaluyong knows that it’s Gabbys?

A : Yes.

Q : Up to this day Madam, Gabbys is… what is it now?

A : Ngayon ano na po siya South Star Drug, hindi na ho Panaderos.

Q : Madam Witness I am showing to you a photograph of a South Star Drug adjacent

to a 7-Eleven, may I just ask you to look at it? Are you familiar with this place Madam Witness?

A : Yes.

Q : Is this the place you are referring to?

A : Diyan po ako nakatayo sa South Star.

Q : So you were standing here?

A : Yes.

Q : And from the place you were standing, where is McDonalds?

A : In front of it.

Q : In how many meters is the distance?

A : Around five (5) meters.

Q : And I am showing to you a photograph of a McDonalds, kindly look at the picture

Madam Witness?

Court : What is the name of that McDonalds branch?

Witness : McDonald Kalentong… alam ko Kalentong McDonald… Gabbys.

Court : So what you’re trying to establish Attorney is that the accused was arrested not
inside or within the jurisdiction of Mandaluyong but within the jurisdiction of Manila?

Defense counsel : That is suppose…

Court : Considering that… that particular branch of McDonalds is part of the territorial
jurisdiction of Manila, right?

Defense counsel : Yes.

Court : Can we just make sure or establish that the particular branch of that McDonalds,
because insofar as territorial jurisdiction is the concern of course the court can’t take judicial
notice of it.

Defense counsel : Yes, your honor.

Court : And therefore, there is no point be laboring the metes and bounds….

Defense counsel : Yes, your honor.

Court : of this McDonalds.

Defense counsel : Yes, your honor. Okay, Madam Witness I am showing to you
picture inside the McDonalds with its business permit issued by the City of Manila, can you look
at it Madam Witness?

Witness : Opo.

Q : Are you familiar with the inside of the store?

A : Yes.

Q : Why are you familiar with it?

A : Kapag may order na utos doon po bibili, makikita po naman namin kaagad.

Q : May I request that the photographs be mark as Exhibit “1” and series, your

honor.

Court : So you have a photo of the business permit of that particular McDonalds where
you said accused was arrested?

Defense counsel : Yes, your honor. We photographed it.

Court : So that particular photo will show what particular branch of that McDonalds?

Defense counsel : It states Manila, your honor. And there is also a street photograph,
your honor.

Court : So, what is the name of this McDonalds branch?

Defense counsel : They call it Kalentong, your honor.

Court : Kalentong?

Defense counsel : Yes, your honor.

Court : Mcdonalds Kalentong?

Defense counsel : Yes, your honor.

Court : But Kalentong is Mandaluyong?

Defense counsel : Yes, your honor.

Court : But it’s not Mandaluyong actually?

Defense counsel : No, your honor.

Court : Only McDonalds named it as McDonalds Kalentong but they are actually within
the jurisdiction of Manila?

Defense counsel : Yes, your honor as a matter of fact, your honor…

Court : As a matter of fact, that business permit was issued by Manila.

Defense counsel : Yes, your honor and clearances daw po issued by Kapitan Sherwin
po.

Court : Alright.

Defense counsel : Madam Witness I am showing to you a photograph of the Police

Officer who presented himself as the poseur buyer in this case, can you look at the photograph
Madam Witness?

Witness : Hindi po yan.

Q : So is this the person that you saw at McDonalds with the accused?

A : Hindi po.

Q : Have you seen this person?

A : Not yet.

Q : Can you describe to me the Police Officer that you saw who was with the person
handcuffed?

A : Bali matangkad po siya sa akin mga 5’7 tapos maputi po makinis ang itsura niya
may itsura po siya.

Defense counsel : May I ask for the marking of the photograph of SPO3 Perez as
Exhibit “2” found on page 27 of the records, your honor. And what about the person handcuffed
Madam Witness, were you able to see his face?

Witness : Yes.
Q : If you see him again Madam Witness, will you be able to identify him?

A : Yes.

Q : Is he in this court Madam Witness?

A : Wala po, isa lang yung Pulis.

Q : Not the Police Officer Madam Witness; the person handcuffed?

A : Wala po dito.

Defense counsel : Madam Witness can you describe to me the looks of the person
handcuffed you saw at McDonalds?

Witness : Matipuno siya na malinis naman po yung kanyang pangangatawan. Parang

may tattoo akong nakita na di ko naman tinagalan yung pagtingin ko sa kanya.

Defense counsel : There are five (5) accused sitting here Madam Witness
**interrupted If you ever see that person again, will you be able to identify him?

Witness : Yes.

Q : Is he in this court, Madam Witness?

A : Siya po.

Interpreter : Witness identified a male person seated at the second right of the gallery
wearing plain yellow shirt and when asked by this court for his name he answered “John
Fernandez”, the accused in this case.

Defense counsel : Madam Witness, does he look exactly the same when you saw him
last year?

Witness : He was a bit thin.

Q : Aside from he’s thinner now, what else… what changes do you notice?

A : He’s fairer now and his hair grew longer.

Q : What about the Police Officer Madam that you saw is he inside this court?

Witness : None.

Court : Which Police Officer?

Defense counsel : The one you saw who was with the accused at that time.

Witness : None, there are no Police.

Defense counsel : That would be all for the witness, your honor.