Edited Script - Trial 1

TRIAL PROPER
Clerk of Court
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Prosecution Counsel
Defense Counsel
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Witness (Complainant)
Interpreter
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All rise! Court is now in session. Silence is hereby enjoined.

The Daraga Municipal Trial Court is now in session.
the Honorable Judge Atty. Jethro Ancajas presiding.
(Stamp gavel) Sit
Call the case.
Crim. Case No. 101010
People of the Philippines versus LEO SIRIOS, Jr. for less serious
physical injuries.
Appearances?
(Stands)Your Honor, I am Atty. Katherine Evangelista, entering my
appearance for the State
(Stands) I am Atty. John Eric Tizon, appearing as counsel for the
accused, your Honor.
Is the prosecution ready?
(Stands) Yes, your honor.
Is the defense ready?
(Stands) Yes, your honor.
Does the prosecution wish to call a witness?
Yes your honor. The prosecution would like to call RIZZA ANGELA
MANGALLENO to the stand.
Swear in the witness.
Raise your right hand. Do you swear to tell the truth, the whole truth
and nothing but the truth?
I do.
Please state your name and other personal circumstances.
I am RIZZA ANGELA MANGALLENO, 22 years old, single, a
resident of Purok 1, Barangay Binitayan, Daraga, Albay.
The witness is now ready, your Honor.
Prosecution counsel, your witness is now ready.
With the kind permission of the Honorable Court, we are offering the
testimony of this witness Your Honor to prove the material allegation
in the criminal information and the same person is the private offended
party in this case, that she knows the accused because they are are
neighbors; to identify the perpetrator and likewise to identify some
documents namely affidavit she executed in relation to this case and to
testify on other matters relative thereto, Your Honor.
Any comment defense counsel to the offer?
We reserve our right to conduct cross-examination, Your Honor.
You may now proceed.
You said in narration of your personal circumstance that your name is
RIZZA ANGELA MANGALLENO?
Yes, maam. I am the same person.
Madam witness, do you know a person by the name of LEO SIRIOS,
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Witness (Accused)
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Jr..
Yes, Maam.
Do you know the accused in this case?
Yes, Maam
Would you be able to recognize this person if you will see him again?
Yes, Maam.
Is the accused you are referring to found inside this courtroom?
Yes, Maam.
Can you please point to the person whom you are referring to?
Its him. (pointing to the accused)
We would like to manifest on the record that the witness has pointed a
person sitting at the defense table.
A man wearing a _________, who answers by the name of?
LEO SIRIOS, Jr.
Why do you know the said accused?
Because the accused is my neighbor.
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, maam.
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, Maam. 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?
That is my signature, Maam.
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-11.
Mark it accordingly.
Now Madame witness, you have alleged that the accused physically
attacked you.
Yes, Maam.
When did this happen?
It happened on March 20, 2016.
You mentioned that the incident happened on March 20, 2016, what is
the time when you said that you were attacked by the accused?
At around 6 o clock in the evening.
Can you recall Madame witness where were you and what you were
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doing sometime in March 20, 2016 at 6 oclock in the evening?

Yes, Maam. I was on my way home from work.
And where was the accused at that time?
He was outside a sari-sari store, drinking with his friends.
Did you do anything that would provoke the accused to attack you?
No, maam. 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.
What did you do next?
I could tell he was drunk so I just hastened my steps to try and get
away from him.
What did he do when you walked faster?
He followed me and kept shouting at me. He caught up with me and
pulled me by the shoulder and shouted profanities at me.
What happened next?
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.
Did no one help you?
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, Maam.
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, Maam. This is the same medical certificate issued to me right
after the incident.
May I manifest your honor that this medical certificate was marked
during preliminary conference as Exh. C. May we pray that the same
marking be adopted.
Madame witness, in relation to this case, do you remember having
executed or give your statement to any authority regarding this matter?
Yes, Maam. I personally filed a police blotter at the Daraga Police
Station immediately after I was discharged from the hospital.
Part of the records of this case is a Police Blotter issued in your favor,
will you kindly go over this and tell the honorable court if this is the
same Police Blotter issued in your favor.
Yes, Maam, it is the same.
Your honor, I would like to manifest that this Police Blotter was
previously marked during the preliminary evidence as Exh. E. May
we pray that the same marking be adopted.
That would be all, Your Honor.
CROSS-EXAMINATION BY DEFENSE COUNSEL(RIZZA)

Judge
Cross-examination by the defense?
Defense counsel
Just a few questions, Your Honor.
Judge
Subject to cross. Proceed.
With the kind permission of this honorable court.
Defense counsel
Do you know personally know the respondent?
Complainant
Defense counsel
how long have you been neighbor?
Complainant
Defense counsel
I assume you also know her wife? Am I correct?
Complainant
Before the incident, were you in good terms with the respondent and
Defense counsel
his wife?
Complainant
Do you remember any confrontation or serious argument in the past
Defense counsel
with the respondent?
Complainant
Defense counsel
in your direct, you said that on April 1, 2016 at around (4 pm?), you
were walking when you passed by the sari-sari store where the
respondent and his friend were, am I correct?
Complainant
Defense counsel
were you walking fast or slowly at the time?
Complainant
Defense counsel
As you were walking, the respondent followed you correct?
Complainant
Defense Counsel
What can you observe in his behavior when he is following you if

any?
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How can you tell that when you are not facing him. Did you look
behind?
When he finally keep up with you, what did he do?
What did he say?
Can you remember exactly what he said?
Did someone hear what he said aside from you?
What made you believe that she heard that?
What is the witness doing at that time?
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You said the respondent heckled you. What do you mean by that?
What do you think is the reason why the respondent do that?
How can you say that? Did he tell you the reason?
He did not explain?
Do you think he got mad because as you admitted, you purporsely
ignored him?
Can you recall/remember how many times?
can you tell how hard?
Saan ka tinamaan?
Did it hurt?
Can you tell how hard/strong?
How do you feel?
After that what did you do?
When did the neighbors interfere? What did they do exactly?
They pulled you off correct?
You fell to the ground correct?
Why did you fall?
You fell hard correct?
Are you out balanced?
And you bumped you head hard on the pavement. Correct?
What did you feel?
After that
When you are out balanced, you mean to say you lose control over
your body movement? Am I right?

Complainant
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Clerk of Court
Interpreter
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Witness #2
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you lost consciousness

How long youve been absent from work?
Your Honor, I would like to call Mrs. Charm Lascota to the witness
stand.
I do.
I am CHARM LASCOTA, 61 years old, married, and a resident of
Purok 1, Barangay Binitayan, Daraga, Albay.
With the kind permission of the Honorable Court, we are offering the
testimony of this witness to prove the material allegation in the
criminal information and the same person is the witness in this case,
that she saw how the accused assaulted the victim; to identify the
perpetrator and likewise to identify the affidavit she executed in
relation to this case and to testify on other matters relative thereto,
Your Honor.
Any comment defense counsel to the offer?
We reserve our right to conduct cross-examination, Your Honor.
You may now proceed.
You said in narration of your personal circumstance that your name is
CHARM LASCOTA?
Yes, maam. I am the same person.
Do you personally know the plaintiff in this case?
Yes maam.
How do you know her?
She is the daughter of my amiga.
Do you know LEO SIRIOS, Jr., the accused in this case?
Yes maam.
How do you know him?
He has been my neighbor for years.
The plaintiff is accusing respondent for less serious physical injuries
caused by the latters assault in her person. Are you aware of this?
Yes maam.
How so?
I saw Leo Sirios attack Rizza in front of our house that evening. I was
also the one who took Rizza to the hospital when she was passed out.
Prosecution counsel
Do you recall executing a judicial affidavit in relation to this case?
Witness #2
Yes, maam.
I present to you this Judicial Affidavit, will you kindly tell this
Prosecution counsel
honorable court if this is the same Judicial Affidavit that you
executed? (shows the document to witness)
(Looks at the document) Yes maam, that is the judicial affidavit I
Witness #2
executed.
May I manifest your honor that this medical certificate was marked
during preliminary conference as Exh. A and page 2 as Exh. A-1
and page 3 as A-2. I am adopting the said marking your honor as the
same exhibit.
Prosecution counsel
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. A1-1.
Judge
Prosecution counsel
That would be all, Your Honor.
CROSS-EXAMINATION BY DEFENSE COUNSEL
Judge
Defense counsel
Judge
Defense counsel
kilala mo ba ang nasasakdal
Witness (Complainant) opo kilala ko po sya. matagal n kaming magkapitbahay
Defense counsel
Ano ang ginagawa mo nung mga sandaling iyon
Witness (Complainant) Nagwawalis ako s harap ng bahay
Defense counsel
Ano ang nakitang mong nangyari
Napalingon ako nang narinig ko si Sirios na sinisigaw ang pangalan ni
Rizza at si Rizza naman ay mabilis n lumalakad palayo sakanya
Defense counsel
Gaano ka kalayo nung nagana pang mga pangyayari
Witness (Complainant) Mga 5 metro po
Base s iyong sinumpaang salaysay sinabi si Sirios kay Rizza na:
Defense counsel
Pucha ka, ika ang rason kung nata nag-wal kami buda nilayasan ako
kan agom ko Tama ba
Witness (Complainant) Opo.
Defense counsel
At narinig mo ito nung nabanggit ito ni Sirios
Witness (Complainant) Uhmsabi kc ni anona pinagmumura daw si Rizza
Ang ibig sabihin hindi mo naman talaga narinig si Sirios na sinabi
Defense counsel
iyon. Tama ba
Witness (Complainant) Hindi po, sinabi lang poi yon sakin ng aming kapitbahay
Defense counsel
Bukod doon ano pa ang nakita mo
Tumalikod na po nun si Rizza at nakita ko si Sirios na hinila niya sa
buhok si Rizza
Witness #2
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Witness #3
Interpreter
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Paano mo nasabi na hinila sa buhok si Rizza

Nakita ko po na hawak ni Sirios ang buhok nya
Kapag nakahawak n ba s buhok hinihila n agad
Uhmdepende po
Ibig sabihin hindi ka sigurado
Opo.
Anong ginawa ni Rizza
Nakita ko po na humarap sya at sinampal nya si Sirios sa mukha
At ano naman ang reaksyon ni Sirios
Nagalit po at hinawakan nya ang kamay ni Rizza sabay suntok po dito
Natumba ba si Rizza nung sinuntok sya.
Hindi po, pero s pagkaka-alala ko po ntaumba sya nung inawat n sila
nung mga kapit bahay naming dahil nabitawan n sya ni Sirios
At anong nagyari pagkatapos nun
Dinala na si Rizza s hospital ng mga kapitbahay namin
Re-direct from prosecution?
No. That would be all, Your Honor.
Any more witness for the prosecution counsel?
Your Honor, I would like to call Dr. LILIA-MARI NIEVA to the
witness stand.
I do.
I am Dr. Lilia-Mari Nieva, 28 years old, married, and a resident doctor
at the Bicol Regional Training and Teaching Hospital.
Thank you, your Honor.
Dr. Nieva, in your narration of your personal circumstance you said
that you are a Resident Doctor at the BRTTH. Is that correct, yes?
Yes, that is correct.
How long have you been a resident doctor at the BRTTH?
About a year and 11 months. I started immediately after passing the
medical board exams and I am almost finished with my mandatory
residency.
Dr. Nieva, do you recall treating a patient named Rizza Mangalleno at
the BRTTH?
Yes, I remember that patient. She was brought to the hospital
unconscious and with a bruised face.
Can you tell this court what injuries the patient sustained?
The patient had multiple injuries specifically the avulsion of her left
upper first pre-molar and Cerebral contusion with neurologic deficits. I
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Witness #3
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ordered that a CT Scan for the patient and it showed that she had
hematoma or blood clot caused by an impact or blow to the head. She
was confined at the hospital for four days and I prescribed two weeks
of rest.
Do you recall issuing a medical certificate to the victim, Rizza
Mangalleno, detailing the severity of her injuries?
Yes, maam.
Part of the records of this case is a medical certificate from the
BRTTH, will you kindly go over this and tell the honorable court if
this is the same medical certificate that you issued in favor of Ms.
Rizza Mangalleno. (Shows document)
(looks at document) Yes, maam, that is the medical certificate I
issued.
May I manifest, your honor that the medical certificate has been
previously marked as Exh. C.
No further questions, your honor.

CROSS-EXAMINATION BY DEFENSE COUNSEL(IYA)
Judge
Defense counsel
Judge
Defense counsel
Is it possible that a single punch would result into an injury such as
cerebral contusion.
Witness (Complainant) It depends on the strength of he aggressor
Defense counsel
If the aggressor is drunk, will that have an effect on his strength
Witness (Complainant) Yes
Defense counsel
What would be the effect. Will it decrease or increase his strength
Being intoxicated by alcohol actually amounts to depression of self
control. Among the principal effect of alcohol is to slow down brain
Witness (Complainant) activity depending on what and how much a person drinks. It also
slows reaction time dulls hearing, fogs memory and it weakens the
muscles
Defense counsel
So it is higly probable that his strength decreased because he is drunk
Witness (Complainant) Yes
Considering that hos strength decreased, will it be possible that a
Defense counsel
single punch would not result into a cerebral contusion
Witness (Complainant) Yes, it is highly probable
If a person hits his head on hard surface is it highly probable that it
Defense counsel
would result to contusion
Witness (Complainant) Yes there is a high possibility
Defense counsel
Your honor in this court/proceeding we were able to establish that the
cerebral contusion suffered by the complainant is due to the impact she
sustained when she fell hard on the pavement and not due to the single
punch made by the accused.
Your honor we would like to offer this as a mitigating circumstance on
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Witness #3
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the case at hand.

No more further questions, Your Honor.
Yes, your Honor, I would like to ask a few more questions.
Proceed
Thank you, Your Honor.
Dr. Nieva, in the medical certificate that you issued, you mentioned
the term neurological deficits. Could you kindly tell the court
exactly what this means and can you give examples?
A neurologic deficit refers to abnormal function of a body area due to
weaker function of the brain, spinal cord, muscles, or nerves. In cases
of blunt head trauma, it is common for the patient to experience
abnormal reflexes, inability to speak, loss of balance, mental function
problems like memory loss, to name a few.
Is it possible for a person to have sustained these injuries due to
punches inflicted by a man?
Yes, maam. These injuries are common to boxers and professional
fighters.
I have no further questions your honor.
We have no more questions, your Honor.
Any more witness for the prosecution counsel?
Your Honor, I have no more witness to present. I would like to make
now our formal offer of evidence.
Granted. You may now formally offer your evidence now.
Thank you, Your Honor.
Your Honor, I respectfully offer our evidence as follows:
1. Exhibit A- Judicial Affidavit of Charm D. Lascota
2. Exhibit A-1 - Page 2 of Judicial Affidavit of Charm D.
Lascota
3. Exhibit A-2 - Page 3 of Judicial Affidavit of Charm D.
Lascota
4. Exhibit A-1-1 - Signature of Charm D. Lascota
5. Exhibit B - Judicial Affidavit of Rizza Angela S.
Mangalleno
6. Exhibit B-1 - Page 2 of the Judicial Affidavit of Rizza
Angela S. Mangalleno
7. Exhibit B-2 - Page 3 of the Judicial Affidavit of Rizza
Angela S. Mangalleno
8. Exhibit B-1-1 - Signature of Rizza Angela S.
Mangalleno
9. Exhibit C - Medical Certificate of Rizza Angela S.
Mangalleno
10. Exhibit D - Brgy. Certificate to file action

11. Exhibit E - Certificate of Police Blotter
With all the foregoing documentary exhibits in addition to the oral
testimonies of Rizza Angela Mangalleno, Charm Lascota, Dr. LiliaMari Nieva, the prosecution hereby respectfully rests their case.
Judge
Defense Counsel
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Defense Counsel
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Clerk of Court
Witness #3
Interpreter
Witness #3
Clerk of Court
Judge
Prosecution counsel
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Prosecution counsel
Sirios
Prosecution counsel
Sirios
Respectfully submitted.
Any objection from the defense?
Exhibits B, B-1 and B-2 , the sworn statement of the complainant is
objected for being self serving, Your honor.
As to other exhibits, no objection, Your Honor.
ORDER
The Prosecution counsel manifested that it has no more witness to
present. The prosecution counsel offered the Exhibits A to E and submarkings. Such exhibits are admitted as prosecutions evidence
considering that these exhibits are not disqualified under the rules of
evidence.
Defense counsel, Are you ready to present your witness this afternoon?
Yes your honor. I would like to call Mr. LEO SIRIOS, Jr. to the
witness stand.
I do.
I am LEO SERIOS, Jr., 38 years old, married, and a resident of Purok
1, Barangay Binitayan, Daraga, Albay.
Defense counsel, your witness is now ready.
Thank you, your Honor.
Cross from prosecution?

Yes, your Honor. I have a few questions.
Proceed.
Mr. Sirios, you mentioned earlier that plaintiff Rizza allegedly spread
malicious rumors against you. Is that correct?
Yes, maam. She told the neighbors that I have a mistress
Mr. Sirios, how do you know that it was Rizza who was spread these
rumors?
My wife told me that it was Rizza who told her that I have a mistress.
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Sirios
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Siros
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Sirios
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Sirios
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Because of what Rizza said, my wife got mad and left me.
What did you feel when your wife left you?
Objection your honor, immaterial.
Sustained.
What did you feel towards Rizza when your wife left you?
Objection your honor, immaterial.
Overruled. Mr. Witness, answer the question.
Of course, I got mad. I was furious because she told my wife those
rumors.
Is that why you confronted Rizza?
Objection your honor. Leading question.
Sustained. Counsel, rephrase your question.
Why did you confront Rizza?
I wanted to talk to her, ask her about the rumors she is spreading about
me.
You said earlier that you only wanted to talk to her, but then why did it
end up in a violent tussle?
It was Rizza who got violent. She slapped me across the face that is
why I got mad. I only defended myself.
So, you are saying that you punched her in the face because you were
defending yourself from Rizza?
Yes, maam.
Mr. Sirios, what is you occupation.
I am an amateur boxing coach.
How many hours a day do you spend for training and sparring
practices?
Objection your honor. Immaterial.
What is the purpose of your question, counsel?
You honor, I am trying to establish that the accused is fully capable of
inflicting such severe injuries to the victim.
Sustained. Witness, answer the question.
I usually train my athletes for 12 hours a day.
Your honor, as what the accused admitted, he punched the victim as
self defense. However, as what has been established earlier, the victim
only slapped the accused but he inflicted a strong punch to her face.
His retaliation is obviously disproportionate to the attack of the victim
and cannot be considered a mere self-defense.
Furthermore, as we can obviously see, the accused is a man and the
victim is a woman. As what was established by Dr. Nieva, cerebral
contusions are common among boxers and close combat fighters. He is
evidently taller and given his profession he is definitely much stronger.
Regardless of his drunken state at the time of the incident, the fact still
remains that he is capable of overpowering the victim.
Judge
Defense counsel
Judge
That said, I have no further questions, your Honor.

Defense counsel, do you wish to redirect.
No further questions, you honor. we will submit the same for judgment
of this honorable court.
We, therefore, respectfully rest our case.
Granted.
Considering the manifestation of both counsels, let this case deemed
submitted for decision.
The parties are given thirty (30) days from today to submit their
respective memoranda to be filed simultaneously.
SO ORDERED.

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TRIAL PROPER

All rise! Court is now in session. Silence is hereby enjoined.

doing sometime in March 20, 2016 at 6 oclock in the evening?

CROSS-EXAMINATION BY DEFENSE COUNSEL(RIZZA)

were you walking fast or slowly at the time?

As you were walking, the respondent followed you correct?

What can you observe in his behavior when he is following you if

your body movement? Am I right?

you lost consciousness

Paano mo nasabi na hinila sa buhok si Rizza

No further questions, your honor.

the case at hand.

10. Exhibit D - Brgy. Certificate to file action

Cross from prosecution?

That said, I have no further questions, your Honor.

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