COUNSEL: The defense would like to call its first witness, the accused, Mr.

Samson
Villasan y Banati.

WITNESS: My name is Samson Villasan y Banati, 40 years old, married and residing in No.
27, Cherry Street, Ricardo Village, Cebu City.

OFFER: Your Honor, the defense would like to offer the testimony of the witness,
Samson Villasan y Banati, the accused in this case, to prove that he did not
kill the deceased, Jacinto Bayron, and that he had no motive to kill the said
victim.

Q: Mr. Witness for the record, please state your name, residence and your
occupation.

A: I am Samson Villasan y Banati, a resident of No. 27, Cherry Street, Ricardo Village,
Cebu City. I am a jeepney driver.

Q: With regard to Criminal Case No. 20172018, did you execute an affidavit?

A: Yes.

Q: Your Honor, I would like to ask permission to show this document to the
witness for purposes of identification.

COURT: Proceed.

Q: I am showing you an affidavit, what is the relation of this affidavit to the

one that you executed?

A: This is my affidavit.

Q: Above the word affiant, there appears the name of Samson Villasan y
Banati. Whose name is this?

A: That is my name.

Q: Above the name Samson Villasan y Banati, there is a signature. Do you

recognize whose signature is this?

A: That is my signature.

Q: Before whom did you execute this affidavit?

A: Atty. Eduardo Perez IV

Q: Above the name of Atty. Eduardo Perez, there appears a signature. Whose
signature is this?

A: That is the signature of Atty. Eduardo Perez.

Q: Do you affirm and confirm the authenticity of this affidavit?

A: Yes.

COUNSEL: Your Honor, may I manifest that the affidavit of the accused Samson
Villasan y Banati has been previously marked as Exhibit 4 for the defense
during pre-trial.

Further, the defense would like to submit and requests that the signature of
Samson Villasan y Banati appearing in the affidavit be marked as Exhibit 4-A
for the defense and the signature of Atty. Eduardo Perez IV be marked as
Exhibit 4-B.

JUDGE: Mark it.

COUNSEL: With the permission of this court, may I proceed Your Honor?

JUDGE: Proceed.

Q: Mr. Witness, you mentioned that you are a jeepney driver. What is the route
that you're travelling regularly?

A: I am plying the Ayala-Colon Route.

Q: Being a jeepney driver, can you detail to the Court your daily routine?

A: I wake up around 4:30 in the morning. I start picking up passengers in Ayala at

around 5:30 and go back and forth from Ayala to Colon all throughout the day. I
go home at 10:00 in the evening.

Q: How do you pick-up passengers?

A: I usually park my jeepney in Ayala Business Center parking area and wait for the
passengers to board.

Q: Mr. Witness, directing your attention to June 1, 2000. Do you recall where
were you on that day?

A: I was working, driving back and forth from Ayala to Colon.

Q: How about at around 6:00 in the evening on that day, can you recall where
were you?

A: I was at the parking area of Ayala Business Center.

Q: What were you doing in the parking area of Ayala Business Center?

A: I was waiting for passengers to board my jeepney.

Q: Were you with anyone then?

A: Yes. I was with my fellow drivers and with Carlito, a friend of my son.

Q: What was Carlito doing in the parking area?

A: He was asking for my assistance in applying as a driver.

Q: Can you recall if there is anything remarkable that happened that night?

A: I was reading a newspaper while waiting for my jeepney to be filled with

passengers. Suddenly, Jacinto Bayron and Roel came and pointed their fingers at
me.

Q: When they pointed their fingers at you, what then, if any, did they say?

A: Roel said that "maski doble pa kadako imong lawas, wala ko nahadlok sa
imo".

Q: Do you know this certain Roel?

A: He is also a jeepney driver.

Q: Do you know any reason why he said those words to you?

A: Not really.

Q: Prior to this incident, did you have any altercation with him.

A: Yes.

Q: What is this altercation all about?

A: I reprimanded him for indiscriminately firing a gun.

Q: When did this happen?

A: Sometime in April 1999.

Q: How about the deceased Jacinto Bayron, do you know him personally?

A: Not really. I knew him only as a fellow driver plying the same route as mine.

Q: Prior to this incident, did you have any altercation with him?

A: Not that I know of.

Q: After Roel said those words, what did you do?

A: I was about to confront them but the dispatcher already called Jacinto.

Q: Is there anything that happened after?

A: Jacinto went to his jeepney and sat on the driver's seat. Roel followed him and sat
on the rear passenger seat.

Q: And then?

A: I was bothered of the actuations of Jacinto and Bayron so I followed them and
also got inside the jeep.

Q: Where were you seated?

A: At the rear passenger seat.

Q: Will you please tell us your position, in relation to where Jacinto and Roel
were seated?

A: I sat behind Jacinto Bayron who was seated on the driver's seat. I was sitting
across Roel who sat on the rear passenger seat behind the front passenger
seat.

Q: While you were inside the jeep, is there anything unusual that happened?

A: I asked Roel to get off the jeep and talk so we could settle the conflict. But
instead of heeding to my request, he drew a gun from his waist.

Q: Were you able to determine what kind of gun was that?

A: No.

Q: What happened after?

A: He pointed the gun at me so I tried to disarm him.

Q: When you said that you tried to disarm him, did you mean that you tried
to take possession of the gun?

A: Yes.

Q: What happened afterwards?

A: The gun went off and Roel immediately alighted from the jeep.

Q: Are there any other persons inside the jeepney?

A: There were about 3 more persons inside the jeepney aside from me, Roel and
Jacinto.

Q: What was Jacinto doing while you and Roel were engaged in this incident in
the rear passenger seat?

A: He tried to break off the fight.

Q: What do you mean he tried to break off the fight?

A: He asked Roel to calm down and asked us to get off his jeep.

Q: You mentioned earlier that he was seated in the driver's seat. When you said
he tried to break off the fight, did he transferred and joined you and Roel in
the rear passenger seat?

A: No. He stayed in the driver's seat.

Q: Can you tell the Court what was his position while he was having this
conversation with you and Roel?

A: He remained in the driver's seat. He merely turned his head facing us.

Q: Did you see anyone got hit?

A: I didn't notice because I immediately got off the jeepney and followed Roel.
Q: Were you able to catch him?

A: No. He walked too fast and there were other people in the vicinity so I lost him.

Q: Can you describe to this Honorable Court the gun that you were talking
about?

A: I do not know what kind of gun is it but I am sure that its color is black.

Q: Your Honor, I would like to ask permission to show this document, a picture
of a gun, to the witness for purposes of identification. This was previously
marked as Exhibit B for the prosecution.

JUDGE: Proceed.

Q: I am showing you a picture of a gun, can you identify what kind of gun is
this?

A: No.

Q: Is this the same gun you were referring to in your testimony?

A: I am not sure.

Q: Have you seen this gun before?

A: No.

COUNSEL: Your Honor, in relation to this incident, a Letter Request signed by Police
Chief Inspector John Lloyd Cruz, was forwarded to the Honorable City
Prosecutor of Cebu City. The defense would like to submit and requests that
this Letter Request be marked as Exhibit 5 for the defense.

JUDGE: Mark it.

Q: It is stated on page 2 of this Letter Request that "you surrendered to SPO1

Ellen Adarna and was brought to the Cebu City Police Outpost for
investigation and proper disposition". What can you say about this?

A: That is not true. I did not surrender. The security guards arrested me and forcibly
brought me to the police station.

Q: When did this happen?

A: Immediately after the incident. When I was about to go back to the jeepney of
 Jacinto Bayron.

Q: Then what happened in the police station?

A: The policemen told me that I was the who shot Jacinto Bayron, and that it would
be best if I admit such fact.

Q: Did you admit having killed Jacinto Bayron?

A: No. I told them that Roel tried to shoot me so I tried to disarm him and that the
gun discharged while we were wrestling for its possession.

Q: Then what happened?

A: The policemen placed me inside the jail.

Q: An affidavit was executed by Gaudioso Quilaton which has been pre-marked

during pre-trial as Exhibit D for the prosecution. He stated therein that he
was one of the passengers of the jeepney when the shooting incident
happened and that he was seated on the front passenger seat. He positively
identified you as the person who shot Jacinto Bayron. What can you say
about that?

A: I do not recall ever seeing anyone in the front passenger seat of the jeepney.

Q: You mentioned earlier that there were other 3 passengers aside from you,
Roel, and Jacinto. Where were they seated?

A: At the rear passenger seat. No one was sitting beside Jacinto Bayron.

COUNSEL: That's all for the witness, Your Honor.