EMMAN:

Good morning parties, counsels, I am calling the Criminal Case No. 2020-10-220
“People vs. Dipinili, Pinaasa and Shelvano”, for Grave Oral Defamation, here to mediate
the civil aspect of said action, with spouses Jack and Jill Wentupdhill as the private
offended parties, and Shelvano, Lundag and Gora as the defendants.
I am Jude Tundag, the Mediator in this case.
This Criminal Case No. 2020-10-220 among spouses Harvey and Marsha Kinapows
(plaintiff), and Carly Shelvano, Tiburcia Dipinili, and Donsya Pinaasa (defendants)
instituted last October 11, 2020 has been referred to the PMC for Mediation as an initial
recourse prior to pursuing to trial on the merits, pursuant to the following Mediation
Referral Order which reads:

- MEDIATION REFERRAL ORDER -

This Court, having been informed by Atty. Abegail Batok that there is a bright
prospect for the settlement of this case with the Philippine Mediation Center (PMC) and
having determined that this matter could benefit from mediation pursuant to
Administrative Order No. 20 s. 2008, refers this case therefore to the Philippine
Mediation Center, Tacloban City for compromise.
This Court enjoins Prosecutor Lorna Atibula, Mr. and Mrs. Harvey and Marsha
Kinapows, Carly Shelvano, Tiburcia Dipinili, , and Atty. Myra Tismo, to attend the
mediation conference at the PMC on October 14, 2020 at 3 o’clock in the afternoon.
The accused are required to pay the mediation fee.
The accused and complainants, with their respective counsels, are informed in
open court.
Refer this case therefore to the Philippine Mediation Center, Tacloban City for
compromise.
If a settlement agreeable to the parties is reached, the terms shall be recorded
by the mediator and signed by the parties/their counsel and returned to this Court for
further appropriate orders.
If no settlement is reached, neither the parties, the advocates, nor the mediator
may disclose to this Court anything that was discussed at the mediation.
Signed by referral Judge Vianey Almia, October 11, 2020.

Basically, as the mediator, I am here to be the neutral and impartial third person who shall
facilitate the communication between you Mr. and Mrs. Wentupdhill, and Mr’s. Shelvano,
Lundag, and Ms. Gora. Throughout the process, I will endeavor to help you trace back the root
of your conflicts, and help you resolve it the best possible way it can work for the both of you.
But in no case shall I interfere, coax, nor make decisions for you. If you have any concerns
about how the process is going or what I am doing, please let me know so we can
discuss it. You have each been sent a copy of the Agreement to Mediate and Subpoena
Waiver forms. Are there any questions?
Parties: None at the moment.

Emman: I would like to draw your attention to the confidentiality clause and remind you
the only reason I would break confidentiality is if one of you threatened harm to
yourself or others. I also want to inform you that in the event we don’t resolve your
dispute here and this case proceeds to court, I cannot be subpoenaed by either side. I
will take notes through the course of this mediation just to keep my thoughts in order,
but I will destroy those notes after this session. At some point I may find it necessary to
meet with you individually. If so, what is said in those meetings also is confidential,
unless you choose to share it with the other person. I’ve reserved this room until
5:00p.m. today. Are there any time constraints?
Parties: None.

Emman: Alright, good. If you need a break, let me know. Bathrooms are just across the hall.
Just a couple of items about ground rules before we get started. I expect that you will speak
honestly and bargain in good faith. I’ve found it easier to hear if only one person talks
at a time. I may ask you to write down concerns you have while the other person is
talking. I promise to make sure you have an opportunity to share your concerns. Also, if
we could promise to be respectful to each other, even if we don’t agree, this would be
very helpful. Do either of you have anything to add?
Parties: No.

Emman: Great, are there any questions before we get started?

Parties: No.

Emman: Okay, let’s begin with Harvey and Marsha since she called the center first, if that is
okay with you Carly, Tiburcia and Donsya.

Marsha: I’m pregnant and has been heavily craving for chicken hotdog or that brown hotdog.
Nung araw na yon, nagpabili ako kay Harvey ng chicken hotdog or what I fondly call brown
hotdog nya. E tong asawa ko namang to, nasabit na nga sa laro ng NBA, nagtagal pa lalo sa
tilapiahan ni Aleng Nena. Syempre nagagalit na talaga ako non kas inga buntis ako, naglilihi
tapos wala yung pagkain na gusto kong kainin. Nagugutom na ako non. Kaya pagkauwi nya,
binungangaan ko talaga sya sa inis ko. Hindi ko naman alam na may mga nakikinig pa la, yang
si Carly, sa usapan namin, tapos ang pinagkakalat nya na, may iba daw ako, mahilig ako sa
hotdog, at napakalandi ko para gumusto ng hotdog ng iba just because hindi maibigay sakin ng
asawa ko yung hotdog nya na hinihingi ko.
Harvey: Maliban pa ho doon, ako din ginawan nila ng isyu. Isa daw akong entertainer nung
binata pa ako at naninirahan sa Bohol, e hindi naman totoo yun sa konseptong nakakasira ng
dangal. Totoong may kasayaw akong mga banyaga non, pero hindi bilang entertainer, pero
bilang isa din sa mga guests doon sa resort na yun.

Carly: E kasi…

Emman: Carly, di ba we agreed that whoever is talking will have his/her full time to talk without
interruption?

Marsha: Sirang sira pagkatao at dignidad naming sa harap ng buo at kahit karatig barangay
namin, even our parents are baffled with what was happening. Yung mother-in-law ko even
went as far as asking me if apo ba talaga nila yung dinadala ko!

Harvey: Totoo yun, ako nga din tinanong na din ng mga magulang ng asawa ko kung totoo
bang entertainer ako noon sa mga banyaga, in a context way past my character!

Emman: Okay, naiintindihan ko. But since we are here to exert our best efforts to arrive at a
settlement on the civil aspect of this criminal case, what do you suggest will be your bargain?

Harvey: (Kindly fill in the bargain)

Emman: Okay thank you Mr. and Mrs. Kinapows. So basically, ang sinabi ninyo e maayos
naman ang pagsasama ninyong mag-asawa, walang pangangaliwang nangyari, at sadyang
nagtalo lang noon nang dahil sa namaling iuwi na hotdog taliwas sa nais mong klase ng hotdog
dala ng paglilihi mo Marsha, tama?

H&M Essentials: Tama po.

Emman: Okay thank you for your cooperation. Now we move on to you Carly, Tiburcia and
Donsya. What happened?

Carly: On the way to the market talaga ako non after watching the Basketball Game nang
mapadaan ako sa bahay nila Marsha. Babati sana ako kaso naririnig ko na yung sunod sunod na
salita ni Marsha kay Harvey, nang-aaway! E lalagpasan ko naman na dapat kasi di naman ako
tsismosa talaga, kaso nakakaeskandalo na yung sinasabi nila, puro hotdog, tilapia, nadamay pa
yung hotdog ni Tarzie, yung kapitbahay naming isa.

Donsya: E syempre kami naman, dahil kaibigan namin si Carly, naniwala talaga dun sa nasabi
nya sa amin tsaka napagtagpi ko din sa mga napapansin ko the past days kay Marsha.
Masyadong madikit sa mga lalaki. Magkatabi lang din kasi yung bahay namin.

Tiburcia: Para samin naman kasi non, honest to goodness observation lang yun. Eh malay ba
naming may magkakalat pa sa pinag uusapan namin non.

Emman: Okay thank you for your cooperation. What would you wish to bargain?

Tiburcia: Yung gusto lang naman talaga sana namin e ____________.