REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

METROPOLITAN TRIAL COURT

SAN JUAN CITY
BRANCH LVIII (58)
PEOPLE OF THE PHILIPPINES CRIMINAL CASE NOS. 92648-49

-versus- -for-

JOSEPH CABANIT, UNJUST VEXATION

Accused GRAVE THREATS

x-------------------------------------x

TRANSCRIPT

of the stenographic notes taken down by Ms. Marijo M Llante,

Court Stenographer during the trial of the above-titled cases
presided by Hon. Teodorico Fernandez, Presiding Judge of this
sala on August 28, 2019 at 1:30 in the afternoon.

------------O-----------

APPEARANCES:

FISCAL AIREEN JOY L. MAYANI

Trial Prosecutor

ATTY. JESIMIEL G. CARLOS

Private Prosecutor

ATTY. MARION JOSSETTE B. CALAMBA

Counsel for the accused

 PROCEEDINGS

THE COURT:

Appearances.

FISCAL MAYANI:
For the prosecution, Your Honor.
ATTY. CARLOS:
As private prosecutor, Your Honor, under the direct control and supervision of the
Honorable Public Prosecutor.
FISCAL MAYANI:
I am authorizing the private prosecutor, your Honor, to actively handle the prosecution of
these cases.
ATTY. CALAMBA:
For the Accused, Your Honor.
THE COURT:
Ready?
ATTY. CARLOS:
Ready, your Honor.
ATTY. JOSSETTE:
Ready, your Honor.
THE COURT:
Call your witness.
ATTY. CARLOS:
Yes, your Honor. May we call on our witness, Ms. Nikka Carmela Agustin, on the
witness stand?
THE COURT:
Okay. Swear in the witness.
{AFTER CALLING THE WITNESS}
THE INTERPRETER:
Q: Please raise your right hand. Do you swear to tell the truth, the whole truth and nothing
but the truth so help you God?
THE WITNESS:
A: Yes, Ma’am.
Q: Please state your name and other personal circumstances.
A: NIKKA CARMELA AGUSTIN, 21 years old, single, a student and presently residing at
709 Victoria st. Brgy. Corazon De Jesus, San Juan city.
THE COURT:
Counsel, your witness.
ATTY. CARLOS:
Your Honor, the testimony of private complainant Nikka Carmela Agustin is being
offered for the following purposes: 1. To prove that Ms. Nikka Agustin is the private
complainant in this case; 2. To prove that accused PO3 Joseph Cabanit pointed a gun at the
private complainant on July 31, 2017; 3. To prove that said incident vexed, threatened and
caused trauma and distress to the private complainant; 4. To prove that accused PO3 Joseph
Cabanit committed the crimes of Grave Threats and Unjust Vexation; and 5. Other incidental
matters.
THE COURT:
Any comment?
ATTY. CALAMBA:
Subject to cross, your Honor.
ATTY. CARLOS
Your Honor, the private complainant executed a judicial affidavit dated January 9, 2018,
consisting of 12 pages including the attestation clause, and which was already been marked as
Exhibit “M.”

DIRECT EXAMINATION OF NIKKA CARMELA AGUSTIN

CONDUCTED BY ATTY. JESIMIEL G. CARLOS
ATTY. CARLOS:
Q. Do you know the accused PO3 Joseph Cabanit?
A. Yes, I know him, but not personally, Ma’am.
Q. What do you mean by “not personally”?
A. I only came to know him when I learned about his name and profession right after the
incident that happened to me last July 31, 2017.
Q. If the accused PO3 Joseph Cabanit were present at the hearing of this case, would you be
able to recognize and identify him, and if yes, can you tap his shoulder?
A. Yes, Ma’am.
Q. For the record, Your Honor, the witness has just identified accused PO3 Joseph Cabanit.
THE COURT:
Noted.
Q. You mentioned about an incident that happened to you last July 31, 2017. What is that
incident?
A. It was when PO3 Cabanit pointed a gun at me in Lactao street.
Q. How did that happen?
A. I was walking along N. Domingo corner Lope K. Santos Street on my way home from an
on-the-job-training (OJT).
Q. What happened next, if any?
A. While walking, PO3 Cabanit’s blue Ford Ecosport car, bearing plate number AA04158,
hit me at the right shoulder and arm.
Q. When you were hit at your right shoulder and arm, what did you do, if any?
A. I tapped the backside of PO3 Duran’s car to alert that I was hit and hurt.
Q. What happened next, if any?
A. PO3 Cabanit alighted from his car and cursed me repeatedly –“Tang ina mo! Ang yabang
mo! Gago ka!”
Q. What did you do next, if any?
A. I explained to him in a respectful manner that I tapped his car to alert him that I was hit
and hurt.
Q. What did he do, if any?
A. He continued shouting and cursing at me so I told him we can call a police or go to the
police station.
Q. What happened next, if any?
A. He continued cursing at me. Then when he saw that there are several bystanders
watching, he returned to his car.
Q. What happened next, if any?
A. While the traffic along the street was on red stop, I took photos of PO3 Cabanit’s car and
continued walking.
Q. After taking photos of PO3 Duran’s car, what happened next, if any?
A. I continued walking on my way home and crossed the street, then I called my uncle and
father on my phone.
Q. Why did you call your father and uncle?
A. To tell them in case something happens to me.
Q. What made you say that?
A. It is not impossible that PO3 Cabanit will hurt me after seeing how he reacted.
Q. Were you able to speak with your father and uncle on the phone?
A. No, Ma’am. I was interrupted when PO3 Cabanit’s car suddenly went at my direction, in
an attempt to hit me.
Q. What did you do, if any?
A. I ran as fast as I could, but PO3 Cabanit, who was riding his car, was able to catch me
along N. Domingo corner Lactao street.
Q. What happened next, if any?
A. PO3 Cabanit went out of his car and he repeatedly shouted “Tangina mo! Gago ka!
Mayabang ka!” while pointing his gun at me.
Q. What did you feel when a gun was pointed at you, if any?
A. I was so shocked and I literally froze, fearing for my life.
Q. What happened next, if any?
A. Our barangay chairman, David Monsalud, and some of the residents of Lactao pulled me
away and covered me from PO3 Cabanit and they tried to pacify PO3 Cabanit who was holding a
gun and continued cursing at me.
Q. What happened next, if any?
A. PO3 Cabanit left the place and, then, I went to the police station to report the incident.
Q. What did you feel about the incident, if any?
A. I was so afraid. It was traumatic, annoying, and caused me so much stress and anxiety. It
was the first time that a gun was pointed at me. I got sick the following day and was absent in
school and in my OJT. Also, for the first two (2) months after the incident, I always feel nervous
when a car passes by.
Q. How do you feel now, if any?
A. I still feel threatened because he might go after me because of this case and I only
commute when I go to school.
Q. Thank you, Madam Witness. That’s all, Your Honor.