Beruflich Dokumente
Kultur Dokumente
This case originated from the filing of complaint by the private complainant Medelita Gonzales
against respondent Angelina Gonzales for Parricide before the Office of the Prosecutor of
Bauang, La Union The 4th Assistant Provincial Pros. Jocelyn conducted Preliminary
Investigation and she found the respondent probably guilty of Parricide which was approved by
the Provincial Prosecutor of La Union and thereafter, the Information for Parricide was filed
before the Court and was raffled on the RTC, Branch 33, Bauang, La Union docketed as Crim.
Case No. 8032 entitled People of the Philippines versus Angelina Gonzales. There is no bail
recommended.
02 T: Ano ang iyong pangalan, edad at iba pang impormasyon na may kinalaman sa
iyong pagkakakilanlan?
S: Ako si MEDELITA GONZALES, 45 taong gulang, may-asawa at nakatira sa
Brgy. Dili, Bauang, La Union.
04 T: Kailan at saan naman nangyari itong sinasabi mong pagpatay sa iyong anak?
S: Noong Pebrero 13, 2010 sa bahay po nila saBrgy. Dili, Bauang, La Union.
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S: Pagdating sa ospital, sinabi ng doctor na tumingin sa aking anak na dead on
arrival po siya dahil sa dami ng dugo na nawala sa kanya. Tinanong din po ako
kung gusto naming iautopsy nila ang bangkay ng anak ko.
12 T: Wala na akong itatanong pa, may gusto ka pa bang idagdag o baguhin sa iyong
salaysay?
S: Wala na po.
13 T: Handa mo bang lagdaan ang iyong salaysay bilang patunay na lahat ng iyong
sinabi ay pawang katotohanan lamang?
S: Opo.
MEDELITA GONZALES
Nagsalaysay
Malaya at kusang loob na salaysay ni ARNULD GONZALES na kinuha ni PO3 ADLAI JOSEPH
CABADING dito sa loob siyasatan ng Bauang, La Union ganap na ika-10:15 ng umaga petsa 14
ng Pebrero 2010 sa harap ng ilang saksi.
X--------------------------------------------------------------------------------------------------------X
04 T: Kailan at saan naman nangyari itong sinasabi mong pagpatay sa iyong anak?
S: Kagabi po, Pebrero 13, 2010, bandang alas otso y medya ng gabi sa kanilang
bahay sa Brgy. Dili, Bauang.
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S: Wala na.
08 T: Handa mo bang lagdaan ang iyong salaysay bilang patunay na lahat ng iyong
sinabi ay pawang katotohanan lamang?
S: Oo.
ARNULD GONZALES
Nagsalaysay
ANGELINA GONZALES
Respondent,
X--------------------------------------X
RESOLUTION
Before this Office is a complaint against herein respondent for Parricide. The
respondent, under custody, never submitted her countervailing evidence. The case was
submitted for Resolution based on the evidence submitted by the complainant and her
witnesses.
Complainant, the mother of the victim, recounted that she and her husband, Arnuld
Gallardo heard sometime on the 13 th day of February, 2010 that her son and victim, Xian Miguel
Gonzales, and his wife, Angelina Gonzales had a heated argument at about 8:30 in the evening
of February 13, 2010. They also heard their grandchildren crying and asking for help which
prompted them to go to the house of the family. Upon arrival thereat, the spouses saw their son
Xian Miguel already lying on the floor, blood oozing from his neck while the wife Angelina
Gonzales was holding the “scythe” in local idioms “tabas” which she used in killing her husband
Complainant mother rushed his son to the hospital at ITRMC where he was declared
dead on arrival. The wife was taken by the police authorities who responded to the incident.
Based on the evidence presented, there is reasonable ground that the crime of Parricide
has been committed and that the accused is probably guilty thereof; and she should be held for
trial;
WHEREFORE, premises considered, the undersigned finds probable cause against the
respondent and it is hereby recommended that, upon approval of the Provincial Prosecutor, an
Information for Parricide under Art. 246 of the RPC be filed against Angelina Gonzales in the
Regional Trial Court of Bauang, La Union.
JOCELYN M. LARANANG
4th Assist. Provincial Prosecutor
Approved:
___________________
DANILO C. BUMACOD
Provincial Prosecutor
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Copy furnished: ALL PARTIES
ANGELINA GONZALES,
Address: Brgy. Dili, Bauang,
La Union,
Accused,
X-------------------------------------------X
INFORMATION
That on or about 13th day of February 2010 in the municipality of Bauang, La Union,
Philippines, and within the jurisdiction of this Honorable Court, the above-named accused did
then and there wilfully, unlawfully and feloniously and with treachery kill his husband XIAN
MIGUEL GONZALES with whom she was united in lawful wedlock, and being then armed with
bladed instrument (“scythe”, in local idiom “tabas”), with intent to kill, hack his husband XIAN
MIGUEL GONZALES and as a result of which attack the said XIAN MIGUEL GONZALES
received a hacked wound on his right neck which directly caused instantaneous death.
CONTRARY TO LAW.
JOCELYN M. LARANANG
4th Assist. Provincial Prosecutor
Approved:
___________________
DANILO C. BUMACOD
Provincial Prosecutor
WITNESSES:
NO BAIL RECOMMENDED
CERTIFICATION
JOCELYN M. LARANANG
4th Assist. Provincial Prosecutor
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SUBSCRIBED AND SWORN TO before me this 4th day of March 2010 at Bauang, La
Union.
NOTICE OF HEARING
GREETINGS:
Notice is hereby given that the above-entitled case has been set for ARRAIGNMENT on
March 8, 2010 at 8:30 o’clock in the morning before this Court.
WITNESS the Honorable Lovella May Huliganga, Judge of this Court, this 5 th day of
March 2010, Bauang, La Union.
VICTORIA ORDOÑO
Branch Clerk of Court
SETTING 1:
ARRAIGNMENT
March 8, 2010
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LARANANG
ATTY. DULAY For the defense, ready Your Honor.
COURT Is the accused present? Ready for arraignment?
ATTY. DULAY Yes, Your Honor, ready
COURT Okay, arraign the accused
SHERIFF (Assist the Accused)
COC What language/dialect do you understand?
ACCUSED English
COC Please raise your right hand. Read the Information.
After reading, ask accused if he understood and then ask his plea.
ACCUSED Not guilty
COC Your Honor, after having arraigned, the Accused pleaded NOT GUILTY to
the crime charged.
COURT Order:
Upon arraignment, the accused was assisted by Atty. Diana Dulay entered
a plea Not Guilty. Set the Preliminary Conference to March 16, 2010 at
9:00 o’clock in the morning.
So Ordered.
SETTING 2
REPUBLIC OF THE PHILIPPINES
FIRST JUDICIAL REGION
REGIONAL TRIAL COURT
BRANCH 33
BAUANG, LA UNION
PRELIMINARY CONFERENCE
March 16, 2010
COC: Good morning Fiscal Laranang and Atty. Dulay. Are we ready for the
preliminary conference?
PROS. Yes, we are ready.
LARANANG
ATTY. DULAY Ready, Ma’am.
COC What is your documentary evidence, Fiscal?
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PROS. The prosecution would like to present as documentary and object evidence
LARANANG the following:
1. Exhibit “A and A-1”- the sworn statement of the complainant
Medelita Gonzales consisting of two pages;
2. Exh. “A-2”- the signature of Medelita Gonzales
3. Exh. “B”- the sworn statement of Arnuld Gonzales
4. Exh. “B-1”- signature of Arnuld Gonzales
5. Exh. “C”- the Autopsy Report dated February 13, 2010
6. Exh. ”D”- the contract of marriage between Xian Miguel
Gonzales and Angelina Gonzales;
7. Exh.”E”- the Death Certificate of Xian Miguel Gonzales
8. Exh. “F”- scythe(tabas)(object evidence)
SETTING NO.3
PRE-TRIAL CONFERENCE
March 25, 2010
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PRAYER
COURT Call the cases
COC Crim. Case No. 8032
People of the Philippines versus Angelina Gonzales
For Parricide under Art. 246 of the RPC for PRETRIAL CONFERENCE
COURT Appearances
PROS. For the Government, Your Honor, ready.
LARANANG
ATTY.DULAY For the defense, ready Your Honor.
PROS. Your Honor, may we pray that the Minutes of the Preliminary Conference be
LARANANG adopted as part of this Pre-Trial Conference?
COURT Any objection, counsel?
ATTY.DULAY No objection Your Honor. We conformed with the manifestation of the
Prosecutor, Your Honor.
COURT Order, in today’s Pre-Trial Conference, both the prosecution and the defense
agreed to adopt the minutes taken during the preliminary conference on March
16, 2010.Set this case for trial on April 1, 8, 15, 22 and 29, 2010. SO
ORDERED.
SETTING 4
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MEDELITA He is already dead, Ma’am.
PROS. And when was that?
LARANANG
MEDELITA February 13, 2010 Ma’am.
PROS. Is there proof that he is really dead?
LARANANG
MEDELITA Yes, ma’am, his death certificate.
PROS. I am showing you this Death Certificate issued by the Civil Registrar of
LARANANG Bauang, La Union indicating the name of deceased Xian Miguel Gonzales,
time of death 11 o’clock in the evening of February 13, 2010, is this the
certificate you’re referring to?
MEDELITA Yes, Ma’am this is my son’s death certificate.
PROS. May we pray Your Honor that this Death Certificate be marked as Exh. “E”
LARANANG as previously marked during the preliminary conference. We are adopting
the same marking Your Honor.
COURT Mark it.
PROS. What is the reason or cause of death of your son, if you know?
LARANANG
MEDELITA He was hacked, Ma’am.
PROS. And who hacked him?
LARANANG
MEDELITA Angelina Gonzales, Ma’am. (point Angelina Gonzales)
INTERPRETER The witness is pointing to a person wearing orange t-shirt, Your Honor,
when her name was asked; he answered ANGELINA GONZALES, Your
Honor.
PROS. Are you sure that Angelina Gonzales, the accused in this case, who hacked
LARANANG your son?
MEDELITA Yes, Ma’am.
PROS. How long do you know the accused, madam witness?
LARANANG
MEDELITA For a long time Ma’am. She is my neighbor in Brgy. Dili, Bauang, La Union
and my daughter-in-law.
PROS. You said that she is your daughter-in-law, to whom is she married?
LARANANG
MEDELITA To my son Xian Miguel Gonzales, Ma’am.
PROS. Do you have any proof that they are legally married?
LARANANG
MEDELITA Yes, Ma’am. Their married certificate.
PROS. Showing to you this marriage certificate, is this the one you are referring to?
LARANANG
MEDELITA Yes, ma’am.
PROS. Your Honor, this marriage certificate was previously marked during the
LARANANG preliminary conference as Exh. “D” may we pray that the same marking be
adopted Your Honor.
COURT Mark it.
PROS. You said you knew the accused for a long time, what are your observations
LARANANG towards her, if there is any, madam witness?
MEDELITA I observed that Angelina is a very jealous woman and she easily loss her
temper.
PROS. How can you say that, Madam witness?
LARANANG
MEDELITA Every time Xian Miguel comes home late in the evening, she always nagged
him and keep on saying that he went out with another girl.
PROS. What does Xian Miguel do, if there’s any?
LARANANG
MEDELITA Xian Miguel is not talking, Ma’am. He just let Angelina Gonzales keeps on
talking.
PROS. What else do you observed with Angelina?
LARANANG
MEDELITA One time in the morning, I saw Angelina whipping my youngest grandchild
because she got jealous when she saw Xian Miguel talking to a lady whom I
came to know as Xian Miguel’s workmate.
PROS. You said a while ago that the incident happened on February 13, 2010, what
LARANANG is the time when you said that your son was hacked madam witness?
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MEDELITA 8:30 in the evening Ma’am.
PROS. And where in particular did the incident took place?
LARANANG
MEDELITA At their house in Brgy. Dili, Ma’am.
PROS. What time is that again?
LARANANG
MEDELITA 8:30 in the evening Ma’am.
PROS. How far is your house from their house?
LARANANG
MEDELITA Our house is just 20 steps away at the back of their house, Ma’am.
PROS. During that night of February 13, 2010, do you observed any unusual
LARANANG incident that happened?
MEDELITA We heard that my son and the accused were fighting or having a heated
argument.
PROS. What did you do, if any?
LARANANG
MEDELITA We went there together with my husband to pacify the two.
PROS. Are you able to arrive at their house?
LARANANG
MEDELITA Yes, Ma’am.
PROS. Upon arriving thereat, what happened?
LARANANG
MEDELITA We saw that my son was already lying on the floor near their bathroom
Ma’am with blood oozing from his right neck.
PROS. What else did you see, if any?
LARANANG
MEDELITA The accused is holding the scythe “tabas” which she used in killing my son
Ma’am with fresh blood on it.
PROS. If that scythe will be shown to you, will you be able to identify it?
LARANANG
MEDELITA Yes ma’am.
PROS. I am showing you this scythe, is this the instrument you are referring to?
LARANANG
MEDELITA Yes, Ma’am. This is the one.
PROS. May we pray Your Honor that this object evidence be marked as Exh. “F” as
LARANANG previously marked during the preliminary conference.
COURT Mark it.
PROS. After you saw the incident, what transpired next?
LARANANG
MEDELITA I run to my son’s body and asked help from our neigbors. My husband gets
hold of the accused and the scythe.
PROS. What else happened madam witness?
LARANANG
MEDELITA We rushed my son to the ITRMC but unfortunately, he was declared dead
on arrival. The accused was taken by the police authorities who responded
to the incident.
PROS. What else did you do, if there’s any?
LARANANG
MEDELITA The doctor asked me if we wanted to conduct autopsy on the cadaver of my
son, ma’am.
PROS. Did you allow them to conduct autopsy?
LARANANG
MEDELITA Yes ma’am. The doctor conducted the autopsy.
PROS. After conducting the autopsy, what happened next?
LARANANG
MEDELITA The doctor issued us a certificate ma’am.
PROS. If that certificate be shown to you, will you be able to recognize it?
LARANANG
MEDELITA Yes, Ma’am.
PROS. Showing to you this Autopsy report dated February 15, 2010, is this same
LARANANG certification you are saying?
MEDELITA Yes, ma’am, this is the certification.
PROS. Your Honor, this certification was previously marked as Exh. “C” during the
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LARANANG preliminary conference, may we adopt the same marking Your Honor.
COURT Mark it.
PROS. Madam witness, in relation to this case, do you remember having executed
LARANANG or give your statement to any authority regarding this matter?
MEDELITA Yes, ma’am
PROS. In what particular agency?
LARANANG
MEDELITA PNP, Bauang Ma’am.
PROS. If that statement of yours previously given to the PNP Bauang will be shown
LARANANG to you again, will you be able to identify the same?
MEDELITA Yes, Ma’am.
PROS. Madam witness, I have with me a Sworn Statement of Medelita Gonzales
LARANANG allegedly taken or given to the PNP Bauang dated February 14, 2010, kindly
go over this document if this is the same document you are referring to?
MEDELITA This is the document ma’am.
PROS. On the second page, there is a signature over the name Medelita Gonzales,
LARANANG whose signature is this?
MEDELITA My signature ma’am.
PROS. For purposes of identification, may I pray that the sworn statement of the
LARANANG witness consisting of two (2) pages be marked as Exh. “A” and “A-1” and the
signature as Exh “A-2” Your Honor.
COURT Mark them accordingly.
PROS. Because of the death of your son, what did you feel?
LARANANG
MEDELITA I felt bad, sir.
PROS. During that time, is your son still supporting you?
LARANANG
MEDELITA Yes, Ma’am because he is the one who have work. And we want that justice
will be served to him.
PROS. That would be all, Your Honor.
LARANANG
COURT. Cross?
ATTY.DULAY Just a few questions Your Honor
CROSS-EXAMINATION BY ATTY. DIANA DULAY
ATTY.DULAY
MEDELITA
PROS. Re-direct( if there is any)
LARANANG
ATTY.DULAY Re-cross(if there is any)
COURT Thank you. You are now excused.
ORDER
After the testimony of the private complainant, set the next hearing to April
8, 2010 at 9 o’clock in the morning as previously scheduled.
The next witness is Arnuld Gonzales who is notified in open court.
SO ORDERED.
SETTING 5
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PROS . For the government, Your Honor, we are ready.
LARANANG
ATTY. Appearing for the government as private prosecutor, under the direct
OCTAVIANO supervision and control of the Public Prosecutor, we are ready Your Honor.
ATTY. DULAY For the defense, ready Your Honor.
COC On the witness stand.
INTERPRETER (Swear in the witness )Raise your right hand. Do you swear to tell the truth
the whole truth and nothing but the truth?
ARNULD Yes, Ma’am.
INTERPRETER Please state your name, age and other personal circumstances.
ARNULD ARNULD GONZALES, 50 years old, married and a resident of Brgy. Dili,
Bauang, La Union.
INTERPRETER Your witness, Atty.
ATTY. We are offering the testimony of this witness Your Honor to corroborate the
OCTAVIANO testimony of Medelita Gonzales about the material allegation in the criminal
information and to identify some documents and to testify on other matters
relative thereto, Your Honor.
COURT Any comment to the offer?
ATTY. DULAY No comment, Your Honor.
COURT You may proceed.
ATTY. Mr. Witness, do you know a person Xian Miguel Gonzales?
OCTAVIANO
ARNULD Yes, Ma’am.
ATTY. Why do you know this person, Mr. witness?
OCTAVIANO
ARNULD He is my son, ma’am.
ATTY. You said that he is your son; may we know where he is now?
OCTAVIANO
ARNULD He is already dead, Ma’am.
ATTY. And when was that?
OCTAVIANO
ARNULD February 13, 2010 Ma’am.
ATTY. What is the reason or cause of death of your son, if you know?
OCTAVIANO
ARNULD He was hacked, Ma’am.
ATTY. And who hacked him?
OCTAVIANO
ARNULD Angelina Gonzales, Ma’am.
ATTY. During that night of February 13, 2010, do you observed any unusual
OCTAVIANO incident that happened?
ARNULD We heard that my son and the accused were fighting or having a heated
argument.
ATTY. What did you do, if any?
OCTAVIANO
ARNULD We went there together with my wife to pacify the two.
ATTY. Upon arriving thereat, what happened?
OCTAVIANO
ARNULD We saw that my son was already lying on the floor near their bathroom
Ma’am with blood oozing from his right neck.
ATTY. What else did you do, if any?
OCTAVIANO
ARNULD The accused is holding the scythe “tabas” which she used in killing my son
Ma’am with fresh blood on it.
ATTY. After you saw the incident, what transpired next?
OCTAVIANO
ARNULD I got hold of the accused and the scythe Ma’am.
ATTY. What happened next, Mr. witness?
OCTAVIANO
ARNULD We rushed my son to the ITRMC but unfortunately, he was declared dead
on arrival. The accused was taken by the police authorities who responded
to the incident.
ATTY. Mr. witness, in relation to this case, do you remember having executed or
OCTAVIANO give your statement to any authority regarding this matter?
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ARNULD Yes, ma’am
ATTY. In what particular agency?
OCTAVIANO
ARNULD PNP, Bauang Ma’am.
ATTY. If that statement of yours previously given to the PNP Bauang will be shown
OCTAVIANO to you again, will you be able to identify the same?
ARNULD Yes, Ma’am.
ATTY. Madam witness, I have with me a Sworn Statement of Arnuld Gonzales
OCTAVIANO allegedly taken or given to the PNP Bauang dated February 14, 2010, kindly
go over this document if this is the same document you are referring to?
ARNULD This is the document ma’am.
ATTY. On the second page, there is a signature over the name Arnuld Gonzales,
OCTAVIANO whose signature is this?
ARNULD My signature ma’am.
ATTY. May I pray that the sworn statement of the witness consisting of two (2)
OCTAVIANO pages be marked as Exh. “B” and “B-1” and the signature as Exh “B-2” Your
Honor.
COURT Mark them accordingly.
ATTY. That would be all, Your Honor.
OCTAVIANO
COURT. Cross?
ATTY.DULAY Just a few questions, Your Honor
CROSS-EXAMINATION BY ATTY. DIANA DULAY
ATTY.DULAY
ARNULD
ATTY. Re-direct( if there is any)
OCTAVIANO
ATTY.DULAY Re-cross(if there is any)
COURT Thank you. You are now excused.
ORDER
After the testimony of the witness Arnuld Gonzales, set the next hearing to
April 15, 2010 at 9 o’clock in the morning as previously scheduled.
The next witness is Jean Marie Gonzales who is notified in open court.
SO ORDERED.
SETTING 6
3RD WITNESS FOR THE PROSECUTION
JEAN MARIE GONZALES
April 15, 2010
PROS. We are offering the testimony of this witness Your Honor to corroborate the
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LARANANG testimony of Medelita Gonzales about the material allegation in the criminal
information and to testify regarding the characteristics/behaviour of the
accused and to testify on other matters relative thereto, Your Honor. May I
proceed, Your Honor?
COURT Proceed.
PROS. Do you know a person by the name Xian Miguel Gonzales?
LARANANG
JEAN Yes,
PROS. Why do you know him?
LARANANG
JEAN Because he is my brother
PROS. Where is he now?
LARANANG
JEAN He is already dead
PROS. When did he die?
LARANANG
JEAN February 13, 2010
PROS. What is the cause of death, if you know?
LARANANG
JEAN He was hacked to death by Angelina Gonzales
PROS. Who is this Angelina Gonzales?
LARANANG
JEAN The wife of my brother
PROS. For how long do you know this Angelina Gonzales?
LARANANG
JEAN Long time ago Ma’am because we are neighbours and she is my sister-in-
law.
PROS. Being your sister-in-law, how do you describe her?
LARANANG
JEAN A very jealous woman and self-conceited. She wanted that my brother will
be under “saya” and everything she wants will be given to her.
INTERPRETER Interpret the word “under the saya”
PROS. How do you know that it was Angelina Gonzales who stabbed your brother?
LARANANG
JEAN Because I witnessed what she did to my brother
PROS. When was that madam witness?
LARANANG
JEAN February 13, 2010 at around 8:30 in the evening.
PROS. Anyway madam witness, where do you reside?
LARANANG
JEAN Brgy. Dili, Bauang, La Union.
PROS. So you live with the same barangay with this Angelina Gonzales?
LARANANG
JEAN Yes maam
PROS. How far is your house from the house of Angelina Gonzales?
LARANANG
JEAN Very near maam because my house is located just beside their house
PROS. Now, you mentioned a while ago that you witnessed that Angelina hacked
LARANANG your brother, is it not?
JEAN Yes ma’am
PROS. Why madam witness, where were you at that time?
LARANANG
JEAN I was outside their house and the window of their house is still open that’s
why I was able to see them.
PROS. Why are you there?
LARANANG
JEAN Because I went to their house when I heard that my brother and Angelina
were quarrelling in order to pacify them.
PROS. Do you know the reason why are they quarrelling
LARANANG
JEAN Because Angelina confronted my brother regarding text messages which
she read from my brother’s cellphone
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PROS. How did Angelina killed your brother?
LARANANG
JEAN By the use of a tabas “scythe”.
PROS. In what part of the body did Angelina hacked your brother?
LARANANG
JEAN At the right part of his neck
PROS. Do you know what is your brother doing at that time?
LARANANG
JEAN He just came out from the bathroom where he took a bath that is the time
Angelina Gonzales hacked him from the back.
PROS. What did you do, if any?
LARANANG
JEAN I immediately went inside their house and that our parents also came over to
their house.
PROS. What else transpired, if there’s any?
LARANANG
JEAN We rushed my brother to the hospital but he was declared dead on arrival.
PROS. That would be all, Your Honor.
LARANANG
COURT Cross?
ATTY. DULAY Yes, Your Honor, may I proceed?
COURT Proceed.
CROSS-EXAMINATION BY ATTY. DULAY
PROS. Re-direct( if there is any)
LARANANG
ORDER
After the testimony of the witness Jean Marie Gonzales, set the next hearing
to April 22, 2010 at 9 o’clock in the morning as previously scheduled.
The next witness is William Atiwag who is notified in open court.
SO ORDERED.
SETTING 7
15
ATTY. We are offering the testimony of this witness Your Honor to testify that he is
OCTAVIANO a workmate and best friend of the accused and to testify on other matters
relative thereto. May I proceed, Your Honor?
COURT Proceed.
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ATTY. After that, what happened next?
OCTAVIANO
WILLIAM We went home already Ma’am.
ATTY. That would be all, Your Honor
OCTAVIANO
COURT Cross?
ATTY. DULAY Yes, Your Honor, may I proceed?
COURT Proceed.
CROSS-EXAMINATION BY ATTY. DULAY
ATTY. Re-direct( if there is any)
OCTAVIANO
ORDER
After the testimony of the witness William Atiwag, set the next hearing to
April 29, 2010 at 9 o’clock in the morning as previously scheduled.
The last witness of the prosecution is Dr. Monette Balderas. Send subpoena
to Dr. Balderas of the ITRMC to appear before this Court on the scheduled
hearing.
SO ORDERED.
SETTING 8
PROS . Your Honor, the purpose of this witness is he will identify the death
LARANANG certificate, the autopsy report, the certificate of post mortem examination,
Your Honor. He will testify on the cause of death as well as the wounds and
injuries of the victim, Your Honor, and to his qualification, Your Honor.
ATTY. DULAY We will admit the qualification of the doctor, Your Honor.
PROS. So he will directly testify on the cause of death and injuries, Your Honor.
LARANANG May I proceed, Your Honor.
COURT Proceed
PROS. Doctor, you were subpoenaed to come and testify on the post mortem
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LARANANG findings and the cause of death of Xian Miguel Gonzales, did you bring the
records with regards to the death of Xian Miguel Gonzales?
DR. BALDERAS Yes Ma’am. (witness handing to counsel the original of post mortem
examination already marked as Exhibit “C” and the certificate of post
mortem examination as Exhibit “C-1”.
PROS. Doctor, in the post mortem findings it is written here pallor, generalized,
LARANANG what does this mean, Doctor?
DR. BALDERAS Pallor refers to the color of the skin and it is described and generalized.
Meaning – the whole body appears to be pale, ma’am.
PROS. How many injuries did you find in the body of Xian Miguel, Doctor?
LARANANG
DR. BALDERAS There were actually two (2) physical injuries, Ma’am.
DR. BALDERAS There was a hematoma particularly on the right side of the head,
DR. BALDERAS The area parietal, ---- (witness pointing to the upper right portion of his
head)
DR. BALDERAS The stab was directed backward, downward and medically in this manner
_____ (witness demonstrating with his hand coming upward going
downward towards the direction of the right neck).
PROS. How forceful or what could have been the possible force, Doctor?
LARANANG
DR. BALDERAS It was forceful enough to penetrate the thorasic and pericardial cavities and
caused the penetrating injury to the throat, maam
PROS. What could have been the possible positions of the assailant, as well as the
LARANANG victim, with that kind of injury, Doctor?
DR. BALDERAS It is highly possible that they the assailant is at the back of the victim,
18
Ma’am.
DR. BALDERAS They could be standing but the thing is the trajection was directed
downward so the assailant could have lifted her arm in stabbing the victim,
PROS. Going now to the injury on the head, Doctor, what could have been the
LARANANG possible cause or causes of this kind of injury, Doctor?
DR. BALDERAS The hematoma or lacerated wound could have been caused by blunt or
hard object,
PROS. I am showing to you a tabas marked as Exhibit “F” for prosecution, Doctor,
LARANANG that when the victim was hit by this tabas that injuries were caused?
DR. BALDERAS Yes Ma’am. The tabas being a hard object it could qualify as something
which may have caused the hematoma in the lacerated wound.
PROS. Doctor, I am going back to the fatal injury that was on the right neck, after
LARANANG sustaining that injury could there be an instantaneous death of the victim?
DR. BALDERAS It could be a few minutes before he dies so I would say that it was
instantaneous, Ma’am
COURT Cross?
COURT Proceed.
ATTY. DULAY
PROS. Your Honor, I have no more witness to present. I would like to make now
LARANANG our formal offer of evidence.
COURT Okay. Proceed.
PROS. Your Honor, I respectfully offer our evidence as follows:
LARANANG
1. Exhibit “A and A-1”- the sworn statement of the complainant
Medelita Gonzales consisting of two pages and its purpose to
prove the material allegation in the criminal complaint;
2. Exh. “A-2”- the signature of Medelita Gonzales
3. Exh. “B”- the sworn statement of Arnuld Gonzales and its
purpose to corroborate the allegations of the witness
Medelita Gonzales
4. Exh. “B-1”- signature of Arnuld Gonzales
5. Exh. “C” and “C-1”- the Autopsy Report dated February 13,
2010. As part of the testimony of Dr. Balderas, to prove the
cause of death of Xian Miguel Gonzales and the fatality of the
wounds inflicted on him (Xian Miguel) which causes his
instantaneous death.
6. Exh. ”D”- the contract of marriage between Xian Miguel
Gonzales and Angelina Gonzales to prove that they are
legally married;
7. Exh.”E”- the Death Certificate of Xian Miguel Gonzales to
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prove the death of the victim as part of the testimony of
Medelita Gonzales that her son died and the cause of death
was due to the stab wound on his right neck inflicted by the
accused.
8. Exh. “F”- scythe(tabas)(object evidence) to prove that this is
the instrument used in the killing of the victim. As part of the
testimony of Medelita Gonzales, to prove that the accused
had the intent to kill Xian Miguel.
Respectfully submitted.
ORDER:
Atty. Dulay manifested to file their Motion to File Demurrer to Evidence, but
the same is Denied for lack of merit. Set the presentation of evidence by the
defense on the next hearing which is set on May 6, 2010 at 9 o’clock in the
morning.
SO ORDERED.
SETTING 9
20
INTERPRETER Please state your name, age and other personal circumstances.
ANGIE ANGELINA GONZALES, 35 years old, married and a resident of
Brgy. Dili, Bauang, La Union.
INTERPRETER Your witness, Atty.Dulay
ATTY. DULAY We are offering the testimony of the witness to refute all the
charges or allegations of the private complainant as well as to
testify and prove that she is a good mother and a battered wife.
COURT Any comment to the offer?
PROS. LARANANG No comment, Your Honor.
COURT You may proceed.
ATTY. DULAY Madam witness, what is your legal status right now?
ANGIE Widow Ma’am.
ATTY. DULAY But are you married before?
ANGIE Yes, ma’am.
ATTY. DULAY To whom?
ANGIE Xian Miguel Gonzales, ma’am.
ATTY. DULAY Where is he now, madam witness?
ANGIE He is already dead, Ma’am.
ATTY. DULAY Do you know that the killing of your husband has been charged
against you?
ANGIE Yes, Ma’am.
ATTY. DULAY Do you admit that you killed him?
ANGIE No Ma’am, I just defended myself from him.
ATTY. DULAY How long have you been married with Xian Miguel Gonzales?
ANGIE For almost 10 years already Ma’am.
ATTY. DULAY How many children do you have, if any?
ANGIE We have three children Ma’am.
ATTY. DULAY Are you a full-time mother?
ANGIE Yes Ma’am
ATTY. DULAY Do you have any income-generating activities to augment the
family income?/What work do you do?
ANGIE I’m a plain housewife ma’am. I look after our children and take care
of them and household management.
ATTY. DULAY Have you ever cheated on your husband?
ANGIE No
ATTY. DULAY Do you obey commands or requests from your husband?
ANGIE Yes
ATTY. DULAY How often?
ANGIE Most of the time
ATTY. DULAY Have you been spending more than the needed expenditures in
the household?
ANGIE No
ATTY. DULAY Do you give time for yourself so that you shall stay charming and
beautiful?
ANGIE Yes
ATTY. DULAY Are there changes in the relationship as husband and wife?
ANGIE Yes
ATTY. DULAY What are the changes in the relationship if any?
ANGIE He became more irritable in small things, he does not disclose a lot
of whereabouts anymore, he sometimes hides financial benefits
from his office from me.
ATTY. DULAY Did these changes if any made you suspicious?
ANGIE Yes,Ma’am
ATTY. DULAY When did these changes, if any, started?
ANGIE When he was able to procure for himself a mobile phone
ATTY. DULAY What had been the actuations when there was already a mobile
phone around?
ANGIE Before, I can still inspect his mobile phone, check on his inbox and
outbox, call register, but then one day, he already forbade me to
look into his mobile phone
ATTY. DULAY Did you ask why?
ANGIE Yes but he does not answer me
ATTY. DULAY How often did you try to inspect his mobile phone?
21
ANGIE Often
ATTY. DULAY Were you successful in doing that?
ANGIE No
ATTY. DULAY When he goes to take a bath, does he bring his mobile phone with
him?
ANGIE Yes
ATTY. DULAY Does he ever lock the bathroom when he takes a bath?
ANGIE Yes
ATTY. DULAY Does he do it before?
ANGIE No
ATTY. DULAY Do you have your own mobile phone?
ANGIE Yes
ATTY. DULAY Is it prepaid or postpaid?
ANGIE Prepaid
ATTY. DULAY Does he text you?
ANGIE Yes
ATTY. DULAY How often?
ANGIE Not very often
ATTY. DULAY Does he ask for load?
ANGIE No
ATTY. DULAY Does he go buy airtime load often?
ANGIE No
ATTY. DULAY How often?/Do you ever see his mobile phone’s billing statement?
ANGIE No
ATTY. DULAY Does he call you?
ANGIE Yes
ATTY. DULAY How often?
ANGIE Not many times
ATTY. DULAY Did you ever feel neglected?
ANGIE Yes
ATTY. DULAY Why?
ANGIE Because he is not sweet anymore
ATTY. DULAY Why did you say that?
ANGIE He does not go home early anymore, we do not go out on dates
anymore like before. When he goes home he just eats then sleeps.
He does not even talk with the kids anymore.
ATTY. DULAY How often does he initiate having sex with you lately?
ANGIE No more
ATTY. DULAY Who is bigger in size? You or your husband?
ANGIE It’s me, Ma’am.
ATTY. DULAY Did you ever fear him before this incident happened?
ANGIE Yes
ATTY. DULAY Did you ever get to hold your husband’s mobile phone?
ANGIE Yes
ATTY. DULAY When?
ANGIE Last February 13, 2010, Ma’am.
ATTY. DULAY What was he doing when you were able to get hold of his mobile
phone?
ANGIE He was taking a bath
ATTY. DULAY Did he not bring it with him inside the bathroom?
ANGIE No
ATTY. DULAY And what did you do with his mobile phone if any?
ANGIE I browsed through his inbox
ATTY. DULAY And what did you see?
ANGIE I saw messages with unnamed numbers and read the messages, I
was able to read one that says, “hi handsome?wat r u doing na?
wat tym u pasok?i mis u..lovu2..mwahmwahmwah”
ATTY. DULAY And what was your reaction?
ANGIE I got so mad
ATTY. DULAY What did you do next if any?
ANGIE I shouted from the outside I asked him “sino itong nagiiloveyou
sayo?!”
INTERPRETER Interpret “sino tong nagiiloveyou sayo?”
22
ATTY. DULAY What was his reaction?
ANGIE He got so mad too and he started pushing me around, shouting at
me saying “Wag mo pakialaman yang cellphone ko!”
ATTY. DULAY What did you say next if any?
ANGIE I said nothing
ATTY. DULAY Why? Did you do anything?
ANGIE I got a tabas when he was still taking a bath
ATTY. DULAY And what did you do with the tabas?
ANGIE I hacked his neck with it when he was not facing me anymore
ATTY. DULAY May I ask why did you do that?
ANGIE I was so mad of his making a fool out of me. He has been doing
this to me ever since he had a mobile phone. I was able to confirm
my suspicions which has been playing in my mind long before
ATTY. DULAY Ate pakidagdagan na lang po..hehehe..thanks!
ANGIE
ATTY. DULAY I am through with the witness, Your Honor.
COURT Cross?
PROS. LARANANG I have some questions Your Honor
COURT Proceed.
CROSS-EXAMINATION BY PROS. LARANANG
PROS. LARANANG
ANGIE
ATTY.DULAY Redirect (if there’s any)
PROS. LARANANG Re-cross (if there’s any)
COURT ORDER:
After the testimony of the witness Angelina Gonzales, set the next
hearing on May 15, 2010. The next witness of the defense is Mr.
Alex Gonzales who is notified in open court.
SO ORDERED.
SETTING 10
23
How old are you?
ALEX 20 Ma’am
ATTY. DULAY Are you the child of Angelina Gonzales?
ALEX Yes
ATTY. DULAY Are you the eldest amongst your siblings?
ALEX Yes
ATTY. DULAY Are you allowed access in the master’s bedroom?
ALEX Yes
ATTY. DULAY Are there any other persons in the house?
ALEX Yes
ATTY. DULAY Who are they?
ALEX My two other siblings Ma’am.
ATTY. DULAY How do you describe the relationship of your parents before?
ALEX They were sweet and happy
ATTY. DULAY Did you notice any changes in the relationship?
ALEX Yes
ATTY. DULAY What changes did you notice?
ALEX Yes
ATTY. DULAY When did the changes start?
ALEX They were not happy, they often fight, my mother do not trust my
father
ATTY. DULAY What are the circumstances that led to the changes?
ALEX It started when my father was able to get a mobile phone
ATTY. DULAY How do you feel towards your father?
ALEX I fear him so much
ATTY. DULAY Why?
ALEX He became so irritable over little things
ATTY. DULAY Ate Diane, pakidagdagan na lang.. thanks
ALEX
ATTY. DULAY I am through with the witness, Your Honor.
COURT Cross?
PROS. LARANANG I have some questions Your Honor
COURT Proceed.
CROSS-EXAMINATION BY PROS. LARANANG
PROS. LARANANG
ANGIE
ATTY.DULAY Redirect (if there’s any)
PROS. LARANANG Re-cross (if there’s any)
COURT ORDER:
After the testimony of the witness Alex Gonzales, set the next
hearing on May 31, 2010. The next witness of the defense is Mrs.
Athena Tudran Pimentel who is notified in open court.
SO ORDERED.
SETTING 11
24
evidence by the Defense
COURT Appearances?
PROS . LARANANG For the government, Your Honor, we are ready.
ATTY. OCTAVIANO For the government under the supervision and control of the Public
Prosecutor, ready, Your Honor.
ATTY. DULAY For the defense, ready Your Honor. May we call to the witness
stand Alex Gonzales.
COC On the witness stand.
INTERPRETER (Swear in the witness )Raise your right hand. Do you swear to tell
the truth the whole truth and nothing but the truth?
ALEX Yes, Ma’am.
INTERPRETER Please state your name, age and other personal circumstances.
ATHENA ATHENA PIMENTEL, 37 years old, married and a resident of Brgy.
Dili, Bauang, La Union.
INTERPRETER Your witness, Atty.Dulay
ATTY. DULAY We are offering the testimony of the witness to prove that the
accused is a battered woman and a good mother; to prove that the
victim, their father was no longer supporting the family. (Ate Diane,
paki-edit na lang ha if my idadagdag ka pa..thanks)
ATHENA
ATTY. DULAY
ATTY. DULAY I am through with the witness, Your Honor.
COURT Cross?
ATTY. OCTAVIANO I have some questions Your Honor
COURT Proceed.
CROSS-EXAMINATION BY ATTY. OCTAVIANO
ATTY. OCTAVIANO
ATHENA
ATTY.DULAY Redirect (if there’s any)
ATTY. OCTAVIANO Re-cross (if there’s any)
COURT Is she your last witness?
ATTY. DULAY Yes Your Honor. I am now resting the case of the accused Your
Honor with the offer in evidence of Exhibit _____________. And
also the testimony of all the witnesses that we have presented.
ATTY. KESIP No objection Your Honor to the documents offered.
COURT Okay, ORDER
After the testimony of the last witness for the defense in the person
of Athena Pimentel, Atty. Diana Dulay rested her case and offered
in evidence __________. No objection was interposed by
Prosecutor Jocelyn M. Laranang. Set the continuation of hearing
for the presentation of rebuttal evidence on June 3, 2010.
SO ORDERED.
SETTING 12
25
COURT Appearances?
PROS. LARANANG For the government, Your Honor, we are ready.
ATTY. OCTAVIANO For the government under the supervision and control of the Public
Prosecutor, ready, Your Honor.
ATTY. DULAY For the defense, ready Your Honor. May we call to the witness
stand Alex Gonzales.
PROS. LARANANG Your Honor, we may manifest that we have no more witness to
present our rebuttal.
COURT Okay, ORDER
The parties are given thirty (30) days from today to submit
their respective memoranda to be filed simultaneously.
.
SO ORDERED.
GREETINGS:
If you desire to subpoena a witness, please notify this Office at least five (5) days
is advance of the time of their appearance with a brief note of the name/s and specific
addresses.
Application for continuance should be made at least (3) days in advance of the
date and date of said hearing/s should be accompanied by the affidavit of merit. If on
26
the ground of absence of witnesses, the affidavit should specify the name of such
witnesses and what is expected from them.
VICTORIA ORDOÑO
Branch Clerk of Court
SETTING 13
PROMULGATION OF JUDGMENT
July 14, 2010
SO ORDERED.
27
Republic of the Philippines
REGIONAL TRIAL COURT
First Judicial Region
Branch 33
Bauang, La Union
DECISION
On March 4, 2010, the Office of the Provincial Prosecutor filed an information for
Parricide under Art. 246 of the RPC against herein accused Angelina Gonzales the accusatory
portion reads:
CONTRARY TO LAW.
On March 8, 2010, he was arraigned pleading not guilty. On March 25, 2010 the pre-trial
was completed with the adoption of the preliminary conference. Trial ensued with the
prosecution presenting five witnesses namely Medelita Gonzales, Arnuld Gonzales, Jean Marie
Gonzales, William Atiwag and Dr. Monette Balderas
To state the factual version of the prosecution, the court adopts the statement of facts
found in its Memorandum thus:
“At the time of the incident, the victim and the accused were legally
married with three children. That the accused is a jealous and a nagger wife.
That sometime in the month of February, 2010, after the victim took a bath, the
accused hacked him from behind which causes the instantaneous death of the
accused.”
After the prosecution was through with its evidence, the Court, denied the Motion of the
Defense to file Demurrer to Evidence for lack of merit. Thus trial resumed with the defense
presenting three (3) witnesses namely the accused himself, their son Alex Gonzales and her
sister Athena T. Pimentel. Here’s the gist of their testimonies.
Sometime in 2010, when the victim is still working, he already fails to comply with his
obligations to the family. He failed to support their children and he seldom went home already.
That when he will come home, he usually inflicted injuries to his wife and sometimes to their
children which inflicted fear to the family. They came to know that the victim is already keeping a
mistress somewhere in Sampaloc, Manila. When he arrived at their house on the 13 th day of
28
February, an anonymous sender send a text messages to the victim stating “hi handsome?wat r
u doing na?wat tym u pasok?i mis u..lovu2..mwahmwahmwah” Because of this, the accused
get so furious and mad. She got a tabas and hacked the victim at his right neck which caused
his instantaneous death.
COURT’S RULING
As set forth in the information, the accused is charged with Parricide under Art. 246 of
the RPC which read as follows:
“ - Any person who shall kill his father, mother, or child, whether legitimate of illegitimate,
or any of his ascendants, or descendants, or his spouse, shall be guilty of parricide and shall
be punished by the penalty of reclusion perpetua to death."
1. That a person kills his father, mother, or child, whether legitimate of illegitimate, or
any of his ascendants, or descendants, or his spouse;
Let us discuss the elements individually vis-à-vis the relevant facts of the case.
___________________________________
First element :
___________________________________
The accused and the victim are legally married as proved by the Marriage Certificate
dated October 8, 1975.
_________________________
Second Element :
_____________________________________
SO ORDERED.
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