Documente Academic
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Documente Cultură
Yes, Ma’am
Would you be able to recognize this person if you will see him again?
Yes, Ma’am.
Yes, Ma’am.
Can you please point to the person whom you are referring to?
We would like to manifest on the record that the witness has pointed a person sitting at the
defense table.
Now, part of this case is a judicial affidavit that you executed wherein you alleged that Mr.
Sirios physically assaulted you, is that correct?
Yes, ma’am.
I present to you this three-page Judicial Affidavit, will you kindly tell this honorable court
if this is the same Judicial Affidavit that you executed? (shows the document to witness)
Yes, Ma’am. This is the the same Judicial Affidavit that I executed.
Now in this affidavit, on the third page, there is a printed name and above that printed
name is a signature.
Will you kindly tell this honorable court whose signature is this?
Your honor, I would like to manifest that this affidavit was previously marked during the
preliminary evidence as Exh. “B” and page 2 as Exh. “B-1” and page 3 as “B-2. I am
adopting the said marking your honor as the same exhibit.
May I likewise pray your honor that the printed name and the signature appearing above
the printed name which was duly identified by this witness as her signature be bracketed
and marked as Exh. “B-1-1”.
Mark it accordingly.
Now Madame witness, you have alleged that the accused physically attacked you.
Yes, Ma’am.
You mentioned that the incident happened on March 20, 2016, what is the time when you
said that you were attacked by the accused?
Can you recall Madame witness where were you and what you were doing sometime in
March 20, 2016 at 6 o’clock in the evening?
Did you do anything that would provoke the accused to attack you?
No, ma’am. I did not do anything. I was only passing by in front of the sari-sari store when
he rudely called my name and shouted at me.
I could tell he was drunk so I just hastened my steps to try and get away from him.
He followed me and kept shouting at me. He caught up with me and pulled me by the
shoulder and shouted profanities at me.
I tried to defend myself. I told him to go home because he was drunk but he did not listen.
When I turned my back to get away from him, he pulled me by the hair and started
punching my face.
Several neighbors came and pulled him off me. I was severely injured that I passed out.
When I woke up, I was already at the BRTTH.
You said you were injured. Did you secure a medical certificate in relation to that incident?
Yes, Ma’am.
Part of the records of this case is a medical certificate issued in your favor, will you kindly
go over this and tell the honorable court if this is the same medical certificate issued in your
favor.
Yes, Ma’am. This is the same medical certificate issued to me right after the incident.
1
July 5, 2012
Your City, State, Your City, State, Your City, State, ZIP Code
ZIP Code ZIP Code
(Your email (Your email (Your email address, if sending via email)
address, if address, if
sending via sending via
email) email)
Consumer Consumer Consumer Complaint Division (if you have no specific contact)
Complaint Complaint
Division (if you Division (if you
have no specific have no specific
contact) contact)
City, State, ZIP City, State, ZIP City, State, ZIP Code
Code Code
Unfortunately, Unfortunately, Unfortunately, your (product or service) has not performed well
your (product or your (product or (or the service was inadequate) because (state the problem). I am
service) has not service) has not disappointed because (explain the problem: for example, the
performed well performed well product does not work properly; the service was not performed
(or the service (or the service correctly; I was billed the wrong amount; something was not
was inadequate) was disclosed clearly or was misrepresented; etc.).
because (state inadequate)
the problem). I because (state
am disappointed the problem). I
because (explain am
the problem: for disappointed
example, the because
product does not (explain the
work properly; problem: for
the service was example, the
not performed product does
correctly; I was not work
billed the wrong properly; the
amount; service was not
something was performed
not disclosed correctly; I was
clearly or was billed the wrong
misrepresented; amount;
etc.). something was
not disclosed
clearly or was
misrepresented;
etc.).
To resolve the To resolve the To resolve the problem, I would appreciate your (state the specific
problem, I would problem, I action you want: money refunded, charge card credit, repair,
appreciate your would exchange, etc.). Enclosed are copies (do not send originals) of my
(state the specific appreciate your records (include receipts, guarantees, warranties, canceled
action you want: (state the checks, contracts, model and serial numbers, and any other
money refunded, specific action documents).
charge card you want:
credit, repair, money
exchange, etc.). refunded,
Enclosed are charge card
copies (do not credit, repair,
send originals) of exchange, etc.).
my records Enclosed are
(include receipts, copies (do not
guarantees, send originals)
warranties, of my records
canceled checks, (include
contracts, model receipts,
and serial guarantees,
numbers, and warranties,
any other canceled
documents). checks,
contracts,
model and
serial numbers,
and any other
documents).
I look forward to I look forward I look forward to your reply and a resolution to my problem and
your reply and a to your reply will wait until (set a time limit) before seeking help from a
resolution to my and a resolution consumer protection agency or the Better Business Bureau.
problem and will to my problem Please contact me at the above address or by phone at (home
wait until (set a and will wait and/or office numbers with area code).
time limit) before until (set a time
seeking help limit) before
from a consumer seeking help
protection from a
agency or the consumer
Better Business protection
Bureau. Please agency or the
contact me at Better Business
the above Bureau. Please
address or by contact me at
phone at (home the above
and/or office address or by
numbers with phone at (home
area code). and/or office
numbers with
area code).
Your City, State, Your City, State, Your City, State, ZIP Code
ZIP Code ZIP Code
(Your email (Your email (Your email address, if sending via email)
address, if address, if
sending via sending via
email) email)
Consumer Consumer Consumer Complaint Division (if you have no specific contact)
Complaint Complaint
Division (if you Division (if you
have no specific have no specific
contact) contact)
City, State, ZIP City, State, ZIP City, State, ZIP Code
Code Code
Unfortunately, Unfortunately, Unfortunately, your (product or service) has not performed well
your (product or your (product or (or the service was inadequate) because (state the problem). I am
service) has not service) has not disappointed because (explain the problem: for example, the
performed well performed well product does not work properly; the service was not performed
(or the service (or the service correctly; I was billed the wrong amount; something was not
was inadequate) was disclosed clearly or was misrepresented; etc.).
because (state inadequate)
the problem). I because (state
am disappointed the problem). I
because (explain am
the problem: for disappointed
example, the because
product does not (explain the
work properly; problem: for
the service was example, the
not performed product does
correctly; I was not work
billed the wrong properly; the
amount; service was not
something was performed
not disclosed correctly; I was
clearly or was billed the wrong
misrepresented; amount;
etc.). something was
not disclosed
clearly or was
misrepresented;
etc.).
To resolve the To resolve the To resolve the problem, I would appreciate your (state the specific
problem, I would problem, I action you want: money refunded, charge card credit, repair,
appreciate your would exchange, etc.). Enclosed are copies (do not send originals) of my
(state the specific appreciate your records (include receipts, guarantees, warranties, canceled
action you want: (state the checks, contracts, model and serial numbers, and any other
money refunded, specific action documents).
charge card you want:
credit, repair, money
exchange, etc.). refunded,
Enclosed are charge card
copies (do not credit, repair,
send originals) of exchange, etc.).
my records Enclosed are
(include receipts, copies (do not
guarantees, send originals)
warranties, of my records
canceled checks, (include
contracts, model receipts,
and serial guarantees,
numbers, and warranties,
any other canceled
documents). checks,
contracts,
model and
serial numbers,
and any other
documents).
I look forward to I look forward I look forward to your reply and a resolution to my problem and
your reply and a to your reply will wait until (set a time limit) before seeking help from a
resolution to my and a resolution consumer protection agency or the Better Business Bureau.
problem and will to my problem Please contact me at the above address or by phone at (home
wait until (set a and will wait and/or office numbers with area code).
time limit) before until (set a time
seeking help limit) before
from a consumer seeking help
protection from a
agency or the consumer
Better Business protection
Bureau. Please agency or the
contact me at Better Business
the above Bureau. Please
address or by contact me at
phone at (home the above
and/or office address or by
numbers with phone at (home
area code). and/or office
numbers with
area code).
Your City, State, Your City, State, Your City, State, ZIP Code
ZIP Code ZIP Code
Defense : I withdraw!
Defense : Your affidavits did not state about aggravating circumstance
Court : Any Arguments along this line?
Prosecution : We will stick to our position, the accused is a public officer
Defense : The aggravating circumstance should be included in you
affidavits/ information.
Court : Is there a further argument?
Prosecution & : None, your Honor.
Defense
Court : The argument of the defense is sustained
No plea bargaining and amicable settlement?
Prosecution & None, your Honor.
Defense
Court Stipulations of Facts from the Prosecution
: Recess for 5 minutes
Clerk of Court : Session is resume, silence is enjoined.
Court : Prosecution’s proposal.
Prosecution : Do you admit the personal circumstances of the
complainant? That he is a resident of Subayon, Bilar, Bohol
Defense : We do not admit because there is no cedula attached to
support such.
Court : Defense does not admit.
Prosecution : Do you admit that during April 13, 2012, 11:00AM, Captain
Toreggosa And Baldomero Monreal met at the plaza of
Subayon, Bilar, Bohol or they were in the same place?
Defense : We do not admit that proposition of the prosecutor that they
met at the plaza.
Court : Not admitted.
Prosecution : Do you admit that Brgy. Captain Torregosa passed by and
approached Baldomero Monreal?
Defense : Yes, We admit.
Court : Admitted
Prosecution : Do you admit that during the approach there was no
provocation happened on the part of Baldomero Monreal?
Defense : We do not admit.
Court : Not admitted.
Prosecution : Do you admit that Brgy. Captain Torregosa lifted the neck of
Baldomero Monreal?
Defense : No, how was the lifting happened? Still bothered in the
lifting of the neck. Was it hand held?
Court : Reform your proposal.
Prosecution : Do you admit that Brgy. Captain Torregosa lifted the neck of
Monreal using the steel pipe?
Defense : We do not admit.
Court : Not admitted.
Prosecution : Do you admit that the accused kicked the feet of Baldomero
Monreal?
Defense : We do not admit.
Court : Not admitted.
Prosecution : Do you admit that the accused Paddled the back of
Baldomero Monreal using the same steel pipe?
Defense : We do not admit.
Court : Not admitted.
Prosecution : We withdraw the proposal. (Do you admit that the accused
Paddled the back of Baldomero Monreal using the same steel
pipe?)
Mr. Witness, for the record, please state your name, status, job, and
residence.
Monreal : I am Baldomero Monreal, Jr., 23 years old, jobless and a resident of
Subayon, Bilar, Bohol.
Prosecution : How long have you been staying at Subayon, Bilar
Monreal : Since birth
Prosecution : How many years?
Monreal : 23 years
Prosecution : Where were you on April 13, 2011?
Monreal : At Jade’s house
Prosecution : What were you doing?
Monreal : Listening music from the FM radio
Prosecution : What is the purpose of going there?
Monreal : To visit my sister and listen music
Prosecution : Who were there?
Monreal : Brother,Bonifacio and 2 other friends of my sister
Prosecution : Have you executed an affidavit?
Monreal : Yes.
Prosecution : Showing this affidavit, marked as Exhibit B, Who’s signature is this?
Monreal : Mine.
Prosecution : How is this affidavit related to you?
Monreal : Same affidavit I made.
Prosecution : We manifest that the witness identified the signature found in the
affidavit. We pray that this signature be mark as Exhibit B-1
Court : Mark it
Prosecution : To whom did you execute this affidavit?
Monreal : To Atty. Reagan Bolando
Monreal : Whose signature appearing in the affidavit?
Prosecution : His signature
Monreal : How did you know that this signature is his?
Prosecution : I was there when he affixed his signature
Monreal : We pray that the signature appearing above the name ofAtty. Bolando be
mark as Exhibit B-2
Prosecution : In Item No. 2, You have said that you have a verbal tussle with your
sister
Monreal : When my sister requested me to transfer the frequency of the raido, that
causes our verbal tussle
Prosecution : When your sister got angry, what was your action?
Monreal : I went out to stop the mode of argument or verbal tussle
Prosecution : Where did you go?
Monreal : I went to the plaza?
Prosecution : How far is your plaza?
Monreal : 30 meters
Prosecution : When you went out, who did you met?
Monreal : I was just surprised that Brgy. Captain Torregosa approached me instantly
and without provocation I was attacked.
Prosecution : Torregosa confronted you with a steel pipe?
Monreal : After kicking my feet he paddled my back with steel pipe/
Prosecution : What was your reaction when he paddled and kicked you?
Defense : Objection! The question is misleading.
Court : If it is alleged in the affidavit, the question is not misleading.
Prosecution : What was your reaction when he paddled and kicked you?
Monreal : I have no time to react, I immediately fell down,
Prosecution : How did you defend?
Monreal : I was not able to do so because he hit me first. I was injured.
Prosecution : After he kicked you, What else did he do?
Monreal : He shouted “KIHA LANG MO KAY ATUBANGON MO BISAN
ASA!”
Prosecution : What did you do with the steel pipe?
Monreal : As far as I could remember. I fell down and I could mo longer recall
Prosecution : Did he do something else?
Monreal : No more
Prosecution : After that incident, what happened?
Monreal : My sister & brother came to rescue and brought me to the municipal
health center
Prosecution : How long did you stay?
Monreal : For 30 mins.
Prosecution : After 30 mins, where did you go?
Monreal : My sister and brother brought me to the hospital of Carmen,Bohol
Prosecution : What did the physician say?
Monreal : The attending Physician, I should be admitted.
Prosecution : For how many days?
Defense : Objection! It was not alleged in the affidavit.
:
Prosecution : How many days?
Monreal : 7 days
Prosecution : After your confinement, what did the doctor advised you?
Monreal : To gain full recovery, I should take time to rest for 15-30 days.
Prosecution : How long?
Monreal : 15-30 days
Prosecution : How did you know the accused?
Monreal : I know him because he is our Brgy. Captain
Prosecution : If the accused is in the court, can you point him?
Monreal : That one!
Court : The Witness is pointing Norman Torregosa
Prosecution : How long is he a Brgy. Captain?
Monreal : For two terms
Prosecution : How are you related with the accused?
Defense : Objection! The Question is irrelevant
Court : Sustained!
Prosecution : We would like to ask how are they related to know if there is a conflict
between them/
Prosecution : That’s all for the Witness
CROSS-EXAMINATION
Court : Defense, ready for cross?
Defense : Yes. May I approach the witness?
Court : Proceed
Defense : Who were inside the house of Jade?
Monreal : Bonifacio and 2 other friends
Defense : Can you name the other 2 friends?
Prosecution : Objection! It is not stated in the affidavit
Court : He testified. He may ask the name.
Prosecution : We withdraw!
Court : Witness may answer
Monreal : I do not know their names, maybe my sister does.
Defense : What were they doing?
Monreal : When I arrived, they are just talking and I just turned the radio on.
Defense : You said that there was a verbal tussle with Jade; you added that there
was rising of voices? Do you think that the raising of voices was heard
by your neighbors?
Prosecution : Objection! It is asking for the opinion
Court : Sustain!
Prosecution : Withdraw!
Defense : How far is your sister’s house to Torregosa’s?
Monreal : Around 200 meters
Defense : How far us 200 meter, estimate.
Monreal : From here to capitol
Defense : After the verbal tussle, you went to the plaza. What did you do?
Monreal : I did not do anything. I just left the house to cut off the verbal tussle, to
my surprise Brgy. Captain was there.
Defense : He was already there?
Monreal : No. We just encountered at the same way.
Defense : Is it correct that you saw the Brgy. Captain approaching you?
Monreal : I’ve seen him in surprise. Adversarial approach.
Defense : You also alleged that he lifted your neck using a steel pipe
Monreal : Not purely lifted. After kicking my feet struck my back, I fell down.
That’s all as far as I can recall
Defense : You said in you affidavit that without any provocation lifted my neck
using a steel pipe and then kicked my feet and paddled my back using the
same object. Are you saying that this is not correct?
Monreal : It is correct.
Defense : You said a while ago that not lifted with a steel pipe
Monreal : Term may be confusing. I was injured because of the steel pipe
Defense : Just to put in the record, you were saying that not lifted your beck using a
steel pipe?
Monreal : I cannot exactly recall.
Defense : Said a while ago, during the time of the attack, you were unemployed?
Monreal : Yes!
Defense : That’s all
RECESS :
Court : The witness is called to the witness stand
: You mentioned in your testimony that there were visitor in the house of
your sister. Whose friends?
: Sister’s
: You don’t have any idea who are those?
When I went there. They are already there. I don’t have any idea.
3