Republic of the Philippines

REGIONAL TRIAL COURT

7th Judicial Region
BRANCH 03, CEBU CITY

SULPICIO GONZALES, SR., CRIMINAL CASE Nos.

-versus-
For: LIBEL

RIZAL FAJARDO,
Respondent.

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TRANSCRIPT

COURT : Counsel, do you confirm receipt of the entry of

appearance?

COURT : Any other appearances?

Atty. Evardo : Appearing for private complainant, your honor. I am Atty.

Benny Boy….

Atty. Bagasin : Good evening, I am Atty. Bagasin representing the private

complainant

Atty. Luansing : Good evening, your honor, I am Atty. Annie Lou Luansing
respectfully appearing as co-counsel for accused Rizal
Fajardo, your honor

Atty. Villaflores : Good evening, your honor, I am Atty. Irene Villaflores

respectfully appearing for accused

Atty. Esgana : Good evening, your honor, I am Atty. Kristine Joy Esgana
respectfully appearing for accused

Atty. Lasala : Good evening, your honor, I am Atty. Eharra Lasala I am

respectfully appearing for accused

COURT : Appearance of private complainants are present?

Court Interpreter : Yes, your honor

COURT : Ready for arraignment?

Counsels : Yes, your honor

COURT : Arraign the accused

COURT : What radio station are you sir?

Rizal Fajardo : DYOK, your honor

Interpreter : The undersigned prosecutor II of the city of cebu, hereby

accuses rizal fajardo, for the crime of libel in relation to
article 353 of the revised penal code, committed as follows:
that on 28 june 2019, complainant Sulpicio Gonzales, Sr.
Discovered that sometime around, at or about 8:30 – 9:00
o’clock in the morning, Rizal Fajardo uttered defamatory
statements against him on his radio show, Reklamo Publiko
of DYOK 720, a radio station broadcasting all over the
region of central visayas, as follows:

“Rizal: sa kanang 20 bilyones, 8 bilyones ra ang nagasto sa

pagtukod nianang cockpit. Ang 12 na nahabilin sa way
pagduha-duha iyang gimudmud sa mga taw kadtong
miaging eleksyon. Landslide vote? Team suyop? Wa gaba-i?!
Galisod pa gani to silag sulod sa pipila na ka nilabay na
eleksyon! Hahahaha”

“Sulpicio: ako sa partner kay surok na akong dugo ani niya.

Hoy intawn dodong sulpicio “pico” gonzales sr. Undangi na
tawn ni imong kalaki! Human nimog lubag anang 12
bilyones para mubislik na imong tiyan og ipakaon sa imong
mga laki og babay, wa pa jod ka makontento kay astang
halin sa sabongan imo naman pod gitripingan! Mao diay
nakapalit ka atong condo paras imong mga laki. Adtos
horizons ay sud-gawas lang agi! Lain lain pa taga semana!”

“Katong miaging eleksyon, abi nimo ang naka dalag daog

ana niya sa pagkacongresista ang iyang kakusog. Ayay
pagkakusuga man mukamang, mangamang. Labaw sa
tanan, suyop pa more! More drugs, more cash! Kawatan ka!
Mandurugas!” Which words contain false, malicious and
defamatory statements against Sulpicio Gonzales, Sr., thus
accusing the latter, a vice or defect, real or imaginary or any
act, condition or circumstance which is false and malicious.
Contrary to law.

Rizal Fajardo : I plead not guilty

COURT : You were not asked yet

Interpreter : Accused, do you plead guilty or not guilty?

Rizal Fajardo : I plead not guilty

COURT : Accused entered the plea of not guilty for the crime of
libel. Kindly proceed. And for the preliminary conference,
any requests for admission?

Atty. Bagazin : Yes your honor, we respectfully submit as Exhibit A the

video recording dated June 28, 2019 timed at 8:30 to 9:00
am of Reklamo Publiko saved in the USB.

COURT : Comments?

Atty. Luansing : We do not object to the presentation of the evidence, your

honor

COURT : Are you sure? Okay, are you sure Counsel?

Atty. Luansing : Yes, your honor

COURT : Proceed. Kindly review your rules on electronic evidence

and the rules on evidence particularly the fact that they
have been presenting a recorded footage of… is that just a
video or is that an audio?

Atty. Bagazin : Video your honor

COURT : Audio video?

Atty. Bagazin : Uh huh

COURT : What’s the rule counsel? If it’s a video or a photograph

what is the rules of evidence?

COURT : In any case, proceed

Atty. Luansing : Uhm, your honor please…

COURT : You have just lost your right to object. Proceed

Atty. Bagazin : Exhibit B, the Judicial Affidavit of Sulpicio Gonzales

COURT : Silence in the court. Proceed.

Atty. Bagazin : Then Exhibit B-1 the signature of Sulpicio Gonzales, Sr.
Next is the Exhibit C, the Judicial Affidavit of Cassandra
Mondragon, President of the DYOK Avid Listeners Club.
Atty. Gimena : Your honor I am furnishing the copy of the Judicial
Affidavit to our opposing counsel

Atty. Bagazin : Then “Exhibit C-1” the signature of Cassandra Mondragon.

Next is the “Exhibit D” the endorsement letter to the house
committee on appropriations

Atty. Gimena : Same your honor I am furnishing a copy to our opposing

counsel your honor

Atty. Bagazin : “Exhibit E” the Department of Budget certification in the

Year 2010.

Atty. Gimena : Furnishing a copy to our opposing counsel your honor

and to his honorable court

COURT : Mark it.

Atty. Bagazin : “Exhibit F” the Department of Budget Certification in the

Year 2013

Atty. Gimena : Furnishing a copy to our opposing counsel your honor

and to his honorable court

Atty. Bagazin : “Exhibit G” the Department of Budget certification in the

Year 2013 to 2019

Atty. Gimena : Furnishing a copy to our opposing counsel your honor

and to his honorable court

Atty. Bagazin : “Exhibit H” the court clearance from the Regional Trial
Court

Atty. Gimena : Furnishing a copy to our opposing counsel as well as to

his honorable court

COURT : Are those original copies?

Atty. Gimena : Yes your honor.

Atty. Bagazin : That's all your honor. However we would like to reserve
our rights to present other witnesses and additional
evidences and object evidence.

COURT : Pieces of evidence.

Atty. Bagazin : Oh, pieces of evidence as the court may deem just.
COURT : How many witnesses will you present?

Atty. Bagazin : Two

COURT : Namely?

Atty. Bagazin : Suplicio Gonzales, Sr. and Cassandra Mondragon

COURT : How many reserved witnesses?

Atty. Bagazin : Two

COURT : Additional two. Counsels?

Atty. Luansing : For the defense your honor we would like to have the
following documents marked as our exhibits your honor.
First is the counter-affidavit of the accused as “Exhibit 1”
your honor please

COURT : That's already on record?

Atty. Luansing : Yes your honor and we already have furnished the
opposing counsels a copy thereof your honor. Next your
honor is the private report of the Rehabilitation Fund of
North District of Cebu City your honor conducted by the
Commission on Audit as our “Exhibit 2” your honor.

Atty. Gimena : Your honor we would like to admit your honor as to the
due execution of the document your honor but however we
reserve your honor the right to examine its contents your
honor

COURT : Okay. During the trial?

Atty. Gimena : Yes your honor.

COURT : Mark it.

Atty. Luansing : Next your honor is the news article of the Visayas Daily
with the heading “Gonzales sued over the alleged
rehabilitation funds scam” published last January 15, 2019
and written by Benny Lei Ebazona your honor as “Exhibit
3.”

Our next exhibit your honor is also a news article with

heading “Gonzales sued..” Oh sorry your honor. “Graft case
against Gonzales, Sr. malversation case filed” published
 January 17, 2019 and written by the same person Benny
Lei as “Exhibit 4” your honor.

Next your honor is also a news article your honor with

heading “Gonzales faces rap over alleged vote buying”
published may 21, 2019 written by the same person Benny
Lei Ebazona as “Exhibit 5” your honor. All exhibits are
already on record your honor.

COURT : Where is the old case file? You have it right? Did you mark
it here? Proceed.

Atty. Lasala : Next exhibit your honor is the transcript of actual

statements made by herein accused which is the subject of
this case for libel. We request it to be marked as our
“Exhibit 6.”

COURT : Mark it.

Atty. Lasala : Next your honor the affidavit of publication executed by

the news editor of the Visayas daily. We request it to be
marked as our “Exhibit 7.”

Court : Mark it.

Atty. Lasala : Next your honor is the police report of the incident of vote
buying. We request it to be marked as our “Exhibit 8.”

Next your honor is the affidavit of the police officer we

request it to be marked as our “Exhibit 9.”

And lastly your honor the information for malversation

case filed against herein private complainant, Sulpicio
Gonzales, Sr. We request it to be marked as our “Exhibit 10.”

Your honor we reserve markings for additional documents

to be marked during the trial.

COURT : Noted. How many witnesses will you present?

Atty. Luansing : We intend to present three witnesses your honor

COURT : Namely?

Atty. Luansing : Uhmmm the person of the accused, Rizal Fajardo, the
scriptwriter of the Visayas daily and the arresting officer in
the incident your honor and we reserve two more
witnesses your honor.
COURT : Prosecution any requests for the admission and
stipulation of facts?

Atty. Evardo : Good evening your honor. Does the defense admit…

COURT : WILL the defense admit…

Atty. Evardo : Will the defense admit the identity of the accused and the
validity of his arrest?

Opposing counsel : Yes, your honor.

COURT : You admit that?

Opposing counsel : Admitted your honor.

Atty. Evardo : Number two. Will the defense admit that the honorable
court has jurisdiction?

Opposing counsel : Admitted your honor.

Atty. Evardo : Does the defense admit that the honorable court can take
judicial notice of rules and procedures related to the
disbursement of public funds?

Opposing counsel : Admitted your honor.

Atty. Evardo : Number four. Will the defense admit that on June 28, 2019
at 8:30 to 9:00 in the morning the accused hosted the
program Reklamo Publiko?

Opposing counsel : Admitted your honor.

Atty. Evardo : Does the defense admit that the said program was shown
heard and broadcasted over the television channel 13 of
Skycable and heard on the radio under DYOK 720
broadcasting all over the region of Central Visayas?

Opposing counsel : Admitted your honor.

Atty. Evardo : Number six does the will the defense admit that the
accused made comments and remarks about the victim
Sulpicio Gonzales Sr during the course of the program
Reklamo Publiko?
Opposing counsel : Admitted with qualification your honor. The comments
and remarks were merely reiterations of the script
provided to the accused your honor.

Atty. Evardo : Number seven will the defense admit that the accused
knew that Suplicio Gonzales Sr served three consecutive
terms as congressional representative of North District of
Cebu City immediately prior to his current appointment as
the Secretary of the Department of Justice?

Opposing counsel : Admitted your honor.

Atty. Evardo : Will the defense admit that the accused had enough
knowledge as to the duties and obligations of a
Congressman?

Opposing counsel : Admitted your honor.

Atty. Evardo : Will the defense admit that the accused knew that
Suplicio Gonzales is currently appointed as current
Secretary of Department of Justice and is now currently
exercising his functions as such?

Opposing counsel : We deny your honor we have no knowledge of such

appointment moreso the validity of such appointment

COURT : What are you requesting to be admitted again?

Atty. Evardo : As to his current function. After he lost the mayoralty

candidate he was appointed as the DOJ Secretary so
currently he is functioning as the DOJ Secretary

COURT : Did you present the oath of office as part of your exhibits?

Atty. Evardo : No your honor.

COURT : No? And you want to deny that the present DOJ Secretary
is the private complainant? Is that what you are saying?

Opposing counsel : We don't have knowledge of such appointment your

honor as well as the validty of such appointment your
honor.

COURT : And you will not refute the denial counsel?

Atty. Evardo : It was in the complaint. It was part of the personal

circumstances during the comments made by the…
COURT : And was that denied by the counter affidavit?

Atty. Evardo : No.

COURT : Therefore?

Opposing counsel : But your honor we deny as to the validity of the

appointment of such…

Atty. Evardo : Then if they will deny the validity then we will be
presenting the appointment of his oath of office.

Opposing counsel : Yes because your honor it is a question of fact with

regards to the validity so we deny

Atty. Evardo : Then we are to submit additional…

COURT : Because it was denied then you will have to present it.

Atty. Evardo : Yes we will present it.

COURT : Noted,

Atty. Evardo : Next is, will the defense admit that the accused is not
aware of any pending cases for election offenses charged
directly against Sulpicio Gonzales, Sr?

Opposing counsel : We deny your honor in fact we knew that there was a
pending case for the violation of Article 22 Section 261 of
the Omnibus Election Code.

Atty. Evardo : Will the defense admit that the accused is not aware of
any pending cases for the violation of RA 9165 against
Sulpicio Gonzales Sr?

Opposing counsel : We deny your honor we have no knowledge of such case

filed against the accused your honor.

Atty. Evardo : Will the defense admit that the accused is not aware of
any warrant of arrest issued against Sulpicio Gonzales Sr?

Opposing counsel : Admitted with qualifications your honor because we

knew that there was an information filed for the violation
of the Omnibus Election Code but we don't have
information as to the issuance of warrant of arrest against
the.. uhh… plaintiff your honor.
COURT : And why is that material with regard to the warrant of
arrest, counsel?

Atty. Evardo : As to the probable cause for the filing of information

because they made an allegation of vote buying.

COURT : And?

Atty. Evardo : Vote buying… so because part of our…

COURT : You should know why you want that to be admitted!

Atty. Evardo : Your honor… ah... can I confer with the co-counsel?

COURT : Okay go confirm. Three minutes. I’m grading you ha!

COURT : The counsels for the accused please come and approach
the bench.

COURT : Ready? Proceed!

Atty. Evardo : Yes Your Honor. We mean on this one your Honor that
there was a pending case for malversation, so we are
stipulating to this is there any warrant of arrest against the
complainant with regards to this case.

Opposing Counsel : Your Honor we knew that there was an information filed
but as to the warrant of arrest for such information, we
don’t know.

COURT : Okay. Proceed.

Atty. Evardo : Last. Will the defense admit that the certification made by
the government offices are admissible in evidence even
without presenting the testimony in court of the
document...

COURT : Counsel you are asking them about the legality on an

admission not with regard to the facts of your case.

Atty. Evardo : We withdraw the last stipulation your Honor. That’s all
your Honor.

COURT : Any other stipulations on the part of the prosecutor?

Atty. Evardo : None your Honor.

Opposing Counsel : Your Honor we have the following stipulations. Will the
plaintiff admit that he does not personally know the
accused?

Prosecution : Admitted your Honor.

Opposing Counsel : Will the plaintiff admit that he had not personally met
with the accused?

Prosecution : Admitted your Honor.

Opposing Counsel : Will the plaintiff admit that he never had any transaction
with the accused?

Prosecution : Admitted your Honor.

Opposing Counsel : Will the plaintiff admit that he was the Congressman of
Cebu City North District for 3 consecutive years for the year
2010 - 2019?

Prosecution : Admitted your Honor.

Opposing Counsel: Will the plaintiff admit that he was the chairman of the
Cebu City Rehabilitation Council for the year 2018?

Prosecution : Denied. Your Honor.

Opposing Counsel : Will the plaintiff admit for the year 2018, 20 Billion pesos
was appropriated for Rehabilitation Projects in the North
District of Cebu City?

Prosecution : Denied Your Honor.

Opposing Counsel : Will the plaintiff admit that the Commission on Audit
conducted an audit for the utilization of the 20 Billion
Rehabilitation Fund?

Prosecution : Denied with qualifications your Honor.

COURT : Does the COA audit has something to do with the

Rehabilitation?

Opposing Counsel : Yes Your Honor.

COURT : But you are denying your knowledge about.. What are you
qualifying about?
Prosecution : We admit as to the genuineness of the due execution of
the existence of the COA report. However your Honor, as
what we have said earlier, it is still subject to our review
your Honor and we will raise our opposition during trial
your Honor.

COURT : So you are saying that you have knowledge of the COA
report? Despite the fact that you are denying the
connection of the...

Prosecution : Your Honor we will deny the existence of the COA report
your Honor considering that it was for the year 2018 -
2019 your Honor.

COURT : Consistent with your denials in your first 2 admissions

right? Proceed.

Opposing Counsel : Will the plaintiff admit that out of the 20 Billion
Rehabilitation Fund disbursed, only 8 Billion was fully
liquidated and supported with offical receipts?

Prosecution : Denied your Honor.

Opposing Counsel : Will the plaintiff admit that a case for malversation was
filed with the Ombudsman against him for failure to
account for the 12 Billion Rehabilitation Fund Disbursed?

Prosecution : Denied Your Honor.

Opposing Counsel : Will the plaintiff admit that he ran for Mayor of Cebu City
during the May 13, 2018 election?

Prosecution : Admitted Your Honor.

Opposing Counsel : Will the plaintiff admit that a case for Violation of the
Omnibus Election Code, specifically for vote buying, was
filed against him?

Prosecution : Denied Your Honor.

Opposing Counsel : We have no other stipulations your Honor.

COURT : No other stipulations?

Opposing Counsel : Yes Your Honor.

COURT : I will try to call you again for your first witness after we
call the next 3 cases. You are excused for the mean time.
Prosecution and Opposing Counsel: Permission to leave your Honor.

COURT : Granted.