Prosecution

DIRECT EXAMINATION OF VICTIM

Clerk of Court: Please raise your right hand. Do you swear to tell the
truth and nothing but not truth before this Honorable Court?
Victim: Yes, I do.
Clerk of Court: Please state your name and other personal
circumstances.
V: My name is Katherine Viel Dela Costa, 16 years old, residing at 15
Caballero st., Dasmarinas Village, Makati City.
Clerk of Court: Your witness, Fiscal.
Fiscal: Your honor, the prosecution formally offers the testimony of our
witness to prove that sometime on February 13, 2015, the accused
with threat and intimidation have sexual intercourse with Katherine
Viel Dela Costa and other relevant matters to substantiate the charge
as enumerated in the information. With the permission of the
Honorable Court?
Judge P: Proceed.
(Start of Direct Examination)
F: Can you please state your age again?
V: 16.
F: Are you working?
V: No.
F: Are you a student?
V: Yes.
F: At what school, if any?
V: At Colegio de San Bernardo.

F: What year?
V: Freshmen.
F: What are your subjects in Freshmen year?
V: Math 17, English 11, PE, Geography 1, Asian History.
F: Do you know any of your professors in these subjects?
V: Yes.
F: Who is your professor in Math 17?
Defense Counsel: Objection. Relevance?
F: Your honor, I am trying to lay down the basis on the circumstances
on how the witness knows the accused, your honor.
If objection denied F: Who is your professor in Math 17?
V: Prof. Geraldez.
F: Who is your professor in English 11?
V. Prof. Lee.
F: Who is your professor in Geography 1?
V: Mrs. Morales.
F: Who is your professor in Asian History?
V: Mr. Carlos Giminez.
If objection sustained F: Do you know the accused in this case?
V: Yes.
F: How do you know him?
V: He is my teacher
F: Is that man here in the courtroom now?

V: Yes.
F: Please point him out.
(Victim points out the accused)
Clerk of court: Witness pointed to a bald man wearing an orange
prison shirt who gave the name of Carlos Giminez when asked.
F: Are you certain that you are pointing at the person who raped you?
Defense Counsel: Objection, leading.
If sustained: Let me rephrase, your honor. What is your relation
with Carlos Giminez, if any?
If overruled: What is your relation with Carlos Giminez, if any?
V: He is my professor in Asian History.
F: Is Asian History a hard subject?
V: Not really.
F: Do you have HWs?
V: Yes.
F: What kind of HWs, if any?
V: We have to write about Chinese History and Maos regime.
F: Did you have a hard time doing the paper?
V: Yes.
F: Is that the reason why you wanted to consult with Mr. Giminez?
V: Yes. I could not understand Maos Philosophy.
F: What did Mr. Giminez say when you asked for the consultation, if
any?
V: He suggested that we meet on or about 5pm on Feb. 13, 2015 at his
condo unit in Joya Towers, Rockwell, Makati.

F: What was your reaction, if any?

V: I was reluctant at first.
F: Why were you reluctant?
V: I believed that it would be improper for a girl to be alone with an
older man in his condo.
F: But you went anyway?
V: Yes.
F: Why?
V: Well, I thought hes my prof anyway and nothing will happen to me.
F: Did Carlos mention anything after that, if any?
V: He said that his son is living with him in his condo.
F: On the day of the consultation, what did you do if any?
V: I told my mother via text.
F: If I show you a copy of the text message, would you recognize it?
F: Your honor, the text message that the witness is referring to is
marked as Exhibit H and has already been submitted to this
honorable court.
V: Yes.
F: Is this the text message?
V: Yes.
F: What happened after, if any?
V: When I arrived at the Joya, I logged in at the Front Desk and I went
up to Carlos unit.
F: What did you see inside Carlos unit?
V: I saw that we were alone.

F: Carlos child was not there?

V: No.
F: Why?
V: He said that his kid is in Powerplant.
Defense counsel: Objection. Hearsay.
F: Your honor, the witness is testifying as to what she heard. That is
w/in her personal knowledge.
If sustained or objected to - F: Can you tell this honorable court
what, if any?
V: We engaged in small talk. We first about his love life. He talked
about his broken relationship with Juliana, the mother of his son.
F: Did you talk about your paper?
V: No. He avoided talking about it.
F: What happened next, if any?
V: He became increasingly agitated and emotional.
F: What did you do?
V: I asked if I could leave.
F: What did he say, if any?
V: He said Werent you listening? I only have visitation rights with my
son. How can I bring him here? Ive been telling you my fucking life
story this whole time, and you havent been listening!
F: How did you feel?
V: I started feeling scared after that.
F: What did you do, if any?
V: I stood up and went straight to the door.
F: What happened next, if any?

V: Carlos overtook me and held me. I tried to scream but he just

laughed. He said You obviously dont live in a condo. Sound proof!
F: What happened next, if any?
V: He pulled me towards the kitchen. He grabbed a knife and pointed it
at me. He then asked me to sit on the kitchen counter.
F: What happened on the kitchen counter?
V: He removed my pants and underwear and then he unzipped his
pants and took out his sex organ. Then he asked me to lie down And
(TIN! PLEASE CRY) inserted his member into my private organ.
F: Your honor, may we take a moment for the witness to compose
herself.
F: What happened after the act was consummated, if any?
V: Afterwards, he feel asleep.
F: What happened next, if any?
V: I ran towards the door.
F: What happened next, if any?
V: I immediately took Uber home.
F: What happened after you got home?
V: My mom confronted me and asked why I got home so late.
F: What did you tell her?
V: I did not answer. We had an argument and I just went straight to
bed.
F: Why did you not tell your mother about what happened between you
and Carlos?
V: I was scared and ashamed and I could not believe that it actually
happened.
F: When did you eventually told your mother?

V: When I woke up the next day.

F: Thank you. No Further Questions your honor.
CROSS EXAMINATION OF VICTIM
RE-DIRECT EXAMINATION OF VICTIM
DIRECT EXAMINATION OF MOTHER
Clerk of Court: Please raise your right hand. Do you swear to tell the
truth and nothing but not truth before this Honorable Court?
Medicolegal: Yes, I do.
Clerk of Court: Please state your name and other personal
circumstances.
Mother:
Clerk of Court: Your witness, Fiscal.
F: We are offering the testimony of our witness to corroborate the
Katherines testimony and to testify on the events that transpired after
Katherine told her what happened.
Judge: Okay.
F: What is your relation to Katherine, if any?
M: I am the mother.
F: Are you close to her?
M: Yes.
F: Why?
M: I am a stay at home mother and I am very hands-on in taking care
of Katherine.
F: Where were you on the night of Feb. 13, 2015?
M: I was at home.

F: What were you doing, if any?

M: I was preparing dinner.
F: What happened next, if any?
M: I received a text from Katherine.
F: Your Honor, I have a transcribed copy of the text messages between
Katherine and her Mother. It was previously marked as Exhibit H and
admitted as authentic by the defense during pre-trial. Permission to
approach my witness, your honor, and give her a copy?
Judge: Proceed.
F: Is this the text you were referring to?
M: Yes.
F: Can you read the text messages between you and daughter?
M:

4:31 PM Ruth: go home after class

4:33 PM Katherine: Mom I have to consult with my prof about
my paper 6pm in Rockwell
4:33 PM R: Ok, dito ka dinner then no reply
8:23 PM R: Where are you na? Go home na no reply
8:47 PM R: Answer my calls late na uwi ka na but K never
responded
F: What happened after the 8:47 text messages?
M: I tried calling her several times but she did not answer.
F: What happened after if any?
M: I just kept on calling her! I was so worried! She usually replies to my
texts!
F: What happened after if any?
M: I heard the front door open and it was my daughter.
F: What time was this, if you can recall?
M: A little past 9:45pm

F: What happened next, if any?

M: I got mad at her. I shouted at her and asked her why she got home
so later.
F: What did your daughter say, if any?
M: Nothing. She just cried and went straight to her room.
F: What did you do, if any?
M: Nothing also. I thought to myself that I will talk to her in the
morning when she has calmed down.
F: What happened in the morning, if any?
M: Katherine approached me and she said that she was raped by her
Asian History professor Carlos Gimines.
F: What was your reaction?
M: Of course, I was shocked! I asked her if she was sure?
F: What did Katherine say?
M: She just started to cry and to tremble. She was also so white and
pale.
F: What did you do after, if any?
M: I told Katherine that we have to report if to the police.
F: Can you tell this honorable court what happened next, if any?
M: We went to the police station and filed a report. Katherine was then
examined by the medico legal
F: What were the findings of the medico-legal?
Defense counsel: Objection. The witness is incompetent to answer that
question.
Whether sustained or denied - F: No further questions, your honor.
CROSS EXAMINATION OF MOTHER
DIRECT EXAMINATION OF THE SECURITY GUARD

Clerk of Court: Please raise your right hand. Do you swear to tell the
truth and nothing but not truth before this Honorable Court?
SC: Yes, I do.
Clerk of Court: Please state your name and other personal
circumstances.
SC: My name is Jestoni Tantoco, 32 years old. I live at 34 st. BLISS UP
Village, Q.C.
Clerk of Court: Your witness, Fiscal.
F: We are offering the testimony of our witness to corroborate
Katherines testimony and to testify on the events that transpired when
Katherine arrived at the lobby of Joya.
Judge: Okay.
F: What is your current line of work?
SC: I am a security guard.
F: Where?
SC: I work at the lobby of Joya.
F: What is your shift?
SC: I am assigned at the night shift; from 4:30-12 midnight.
F: What happened on or about 5pm, Feb. 13, 2015, if any?
SC: I saw victim enter the building.
F: Do you personally know the victim?
SC: No.
F: But how sure are you that she is the victim?
SC: I recognize her face.
F: Why/How do you recognize her face?

SC: I meet her in the lobby and asked her to sign my logbook.
F: Do you have proof of this alleged transaction?
SC: Yes, sir.
F: What proof do you have?
SC: I have my logbook with me.
F: Your honor, we have a photocopy of the relevant page of the
logbook. This has been marked as Exhibit G. Permission to approach
the witness, your honor?
Judge: Proceed.
F: Mr. Tantoco, this is a photocopy of your logbook. Can you confirm
that this is faithful reproduction of your logbook.
SC: Yes.
F: Your honor, may ask the defense counsel to approach and confirm
that this is indeed a faithful reproduction.
Judge: Proceed.
F: Mr. Tantoco, can you read out the entries pertaining to the victim?
SC: (READ LOGBOOK).
F: What happened after she signed the logbook, if any?
SC: I told her to just go up.
F: What was her reaction, if any?
SC: She seemed surprised.
F: Did she say anything, if any?
SC: She said nge, hindi po ba siya baba?
F: What did you say, if any?
SC: Nothing. I just showed her where the elevator is.
F: When did you next see the victim?

SC: At around 9pm.

F: Did you see anything unusual at the time, if any?
SC: The witness seemed rushed, agitated, and uneasy.
Defense counsel: Objection! The guard is incompetent to testify as to
the personal circumstances of the victim.
F: Your honor, the guard is just testifying as to what he saw which is
w/in his personal knowledge.
If sustained or denied - F: No further questions your honor.