“Ms. Katangahan vs. Mr.

Kamanyakis”

CAST OF CHARACTERS:

Angel Erica Famorca as Lady Katangahan, the plaintiff/complainant

Marc Stephen Pila as Leo Kamanyakis, the defendant/defender
Liliane Elizabeth Lill as Atty. Sunod-sunuran, the Prosecutor
Welliberneil Kristian Gubat as Atty. Kasinungalingan, the Defense Attorney
Red Van Cliff Estocado as Hon. Judge Katapulan
Jessie Dale Agbayani as Bailiff

SCENE 1: (in the courtroom, in trial)

(The Bailiff opens the court. Honorable Judge Katapulan then enters from the side and
takes his bench.)

BAILIFF: All rise (the audience arises). The court of the Honorable Judge Katapulan is
now in session. You may now be seated.

(The Prosecutor then states her opening statement, followed by the Defense Attorney’s.)

ATTY. SUNOD-SUNURAN: (stands from her seat) May it please the court, ladies and
gentlemen, my name is Atty. Sunod-sunoran. I represent Ms. Lady Katangahan. You will
hear evidence today about the raping done by Mr. Leo Kamanyakis to my client.

ATTY. KASINUNGALINGAN: (stands from his seat) May it please the court, ladies
and gentlemen, I am Atty. Kasinungalingan and I represent Mr. Kamanyakis. The only
story you’ll hear today is about a woman who made a mistake.

(Both of the attorneys would be seated.)

Prosecution’s direct examination (of the plaintiff)

JUDGE KATAPULAN: (to Prosecutor, Atty. Sunod-sunuran, for the Prosecution’s

direct examination of the plaintiff) Your first witness…

ATTY. SUNOD-SUNURAN: The Prosecution calls Ms. Lady Katangahan.

(Bailiff escorts Ms. Katangahan to witness chair and assists in the Witness’ Oath)

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JUDGE KATAPULAN: (to Ms. Katangahan) Please put your left hand on the Holy
Bible and raise your right hand. Do you solemnly swear that you will tell the truth, the
whole truth and nothing but the truth, so help you God?

MS. KATANGAHAN: Yes, I do. (she sits down to the witness chair)
ATTY. SUNOD-SUNURAN: Will you please tell us about yourself Ms. Katangahan –
your name, profession, where you live and the like?

MS. KATANGAHAN: Yes, I will. I am Lady Katangahan, a third year student-nurse at

Silliman University. I am from Bacolod City but I just stay with my aunt at Sibulan.

ATTY. SUNOD-SUNURAN: And what time do you usually go home and Why?

MS. KATANGAHAN: hmm...About 11:30 PM. I am having my duty in the Silliman

Medical Center from 3 PM to 11 PM.

ATTY. SUNOD-SUNURAN: And how were you able to go home with that time?

MS. KATANGAHAN: I just wait for a pedicab near the SUMC.

ATTY. SUNOD-SUNURAN: So, you always get home instantly, don’t you?

MS. KATANGAHAN: No, sometimes I get home at 12:00 AM or even past midnight.

ATTY. SUNOD-SUNURAN: And where have you been last July 20, 2009 at 11 PM to
12 midnight?

MS. KATANGAHAN: The same as usual; I was near SUMC waiting for a pedicab.

ATTY. SUNOD-SUNURAN: So, what happened on that certain time interval?

MS. KATANGAHAN: Somebody hit me on my head and…and…I fell unconscious. A

few moments later, I…I found myself….in an unknown grassy place…laid back …and…
unclothed…with somebody on...on…on…top of me…and he was…he was raping me,
doing nasty things on me and…and… (hysterically sobs)

ATTY. SUNOD-SUNURAN: Can you recognize the man who did the crime?

MS. KATANGAHAN: Yes, I can.

ATTY. SUNOD-SUNURAN: Is he inside the courtroom? If he is, point him for us.

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MS. KATANGAHAN: Yes, he is. That guy! That is the rapist!

ATTY. SUNOD-SUNURAN: No further questions, your Honor (She then returns to her
seat).

JUDGE KATAPULAN: (to Defense Attorney, Atty. Kasinungalingan, for the Defense’
cross-examination of the plaintiff) Your witness…

ATTY. KASINUNGALINGAN: Thank you, your Honor. Ms. Lady Katangahan, isn’t it
true that it was already until midnight that you have been waiting for the pedicab?

MS. KATANGAHAN: Yes, it is.

ATTY. KASINUNGALINGAN: Isn’t it also true that at that certain time interval, the
place was so dark only the hospital had its lights on?

MS. KATANGAHAN: Yes, it is true.

ATTY. KASINUNGALINGAN: Isn’t it also biologically true, as far as your science is,
that we can’t see clearly in the darkness?

MS. KATANGAHAN: Yes, it is but…

ATTY. KASINUNGALINGAN: Ms. Katangahan, this is just a simple yes-or-no

question. Answer with a yes or a no. You are lying, aren’t you?

MS. KATANGAHAN: No, I’m not.

ATTY. SUNOD-SUNURAN: Objection, your Honor. The question is argumentative.

JUDGE KATAPULAN: (pounds gavel once) Objection, overruled.

ATTY. KASINUNGALINGAN: (to Judge Katapulan) Thank you, your Honor.

: (to Ms. Katangahan) Then, Ms. Katangahan, is it a
yes or a no? Isn’t it true?

MS. KATANGAHAN: Yes, it is.

ATTY. KASINUNGALINGAN: So then, you weren’t really sure that it was Mr. Leo
Kamanyakis who raped you or probably you were really waiting for him and not the
pedicab and that you have an intimate relationship with my client?

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ATTY. SUNOD-SUNURAN: Objection, your Honor. The question is leading and
compound.

JUDGE KATAPULAN: (pounds gavel once) Objection sustained.

ATTY. KASINUNGALINGAN: No further questions, your Honor.

JUDGE KATAPULAN: (to Ms. Katangahan) You may step down.

(Bailiff escorts plaintiff from witness chair.)

JUDGE KATAPULAN: (to Prosecutor) Do you have any other witnesses?

ATTY. SUNOD-SUNURAN: No your Honor, the Prosecution rests its case.

JUDGE KATAPULAN: (to the Defense Attorney, Atty. Kasinungalingan, for the
Defense’ direct examination of the defendant) Your witness…

ATTY. KASINUNGALINGAN: The Defense calls the defendant Mr. Kamanyakis

(Bailiff escorts Mr. Kamanyakis to witness chair.)

JUDGE KATAPULAN: Please put your left hand on the Holy Bible and raise your right
hand. Do you solemnly swear that you will tell the truth, the whole truth and nothing but
the truth, so help you God?

MR. KAMANYAKIS: Yes, I do. (sits down to the chair).

ATTY. KASINUNGALINGAN: So, Mr. Leo Kamanyakis, tell us about yourself.

MR. KAMANYAKIS: I am Leo Kamanyakis. I do not have any work. I am just a

loafer.

ATTY. KASINUNGALINGAN: Do you, by any means, know Ms. Lady Katangahan?

MR. KAMANYAKIS: Yes, I do.

ATTY. KASINUNGALINGAN: So, you have a relationship with Ms. Katangahan,

don’t you?

MR. KAMANYAKIS: Yes, I have.

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ATTY. KASINUNGALINGAN: What relationship do you have with Ms. Katangahan?

MR. KAMANYAKIS: We were secret lovers.

ATTY. KASINUNGALINGAN: So, where have you been last July 20, 2009 at 11 PM
to 12 midnight?

MR. KAMANYAKIS: I was near SUMC at that time.

ATTY. KASINUNGALINGAN: And what exactly have you been doing there?

MR. KAMANYAKIS: I was waiting for “Lady” because we’ll be having a date.

ATTY. KASINUNGALINGAN: So, you had been waiting for her, hadn’t you?

MR. KAMANYAKIS: Yes, I had been. When we met, she told me to go to a grassy
place and to make love there.

ATTY. KASINUNGALINGAN: So, you are telling us that Ms. Katangahan voluntarily
submitted her body to you, initiated the activity to you and that you didn’t rape her, aren’t
you?

MR. KAMANYAKIS: Yes, I am.

ATTY. KASINUNGALINGAN: No further questions, your Honor.

JUDGE KATAPULAN: (to the Prosecutor, Atty. Sunod-sunuran, for the Prosecution’s
cross-examination of the defendant) Your witness…

ATTY. SUNOD-SUNURAN: Thank you, your Honor. Mr. Kamanyakis, you were
telling us that Ms. Katangahan voluntarily submitted herself to you, weren’t you?

MR. KAMANYAKIS: Yes, I am.

ATTY. SUNOD-SUNURAN: So, how can you tell us the reason Ms. Katangahan had a
bruise on her head?

ATTY. KASINUNGALINGAN: Objection, your Honor. The question is hearsay.

ATTY. SUNOD-SUNURAN: Your Honor, we have medical documents to certify that

(hands to the judge the medical documents). Also, included in the documents were the
evidence of rape and that it was forced.

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JUDGE KATAPULAN: (pounds gavel once) Objection, overruled.

ATTY. SUNOD-SUNURAN: So, tell us Mr. Kamanyakis.

MR. KAMANYAKIS: Uhmm…Maybe…She hit her head on a rock while we were

having romance.

ATTY. SUNOD-SUNURAN: No further questions, your Honor.

JUDGE KATAPULAN: (to Mr. Kamanyakis) You may step down.

(Bailiff escorts Mr. Kamanyakis from witness chair.)

JUDGE KATAPULAN: (to Defense Attroney) Do you have any other witnesses?

ATTY. KASINUNGALINGAN: No your Honor, the Defense rests its case.

JUDGE KATAPULAN: (to Prosecutor) You may proceed with your closing argument.

ATTY. SUNOD-SUNURAN: Thank you, your Honor. At the beginning of trial, I told
you that you would hear a story of rape today. Mr. Kamanyakis admitted they had
romance with my client but lacks the evidence of her voluntary submission to him. On
the other hand, we have the said evidence to prove that Mr. Kamanyakis raped Ms.
Katangahan. This implies that he is indeed guilty.

JUDGE KATAPULAN: (to Defense Attorney) You may proceed with your closing
argument.

ATTY. KASINUNGALINGAN: Thank you, your Honor. It is true that Mr. Kamanyakis
admitted they had romance with Ms. Katangahan but the former made a testimony earlier
that it was not forced but voluntary and in fact, it was the latter who initiated the said
activity. Mr. Kamanyakis is no rapist.

JUDGE KATAPULAN: Do you have a rebuttal?

ATTY. SUNOD-SUNURAN: As I’ve said earlier, the defendant owns no evidence of

such initiation and the medico legal would contradict to that. Having romance with
someone who is against it is rape – that is against the law.

SCENE 2: (in the courtroom, in trial)

(After a few days, the decision of the judge is presented. Bailiff reads the decision.)

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BAILIFF:

PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE MS. LADY

KATANGAHAN, VS. ACCUSED-APPELLANT, MR. LEO KAMANYAKIS.

This is an appeal from the July 20, 2009 Decision of the Court of Appeals (CA) in
CA No. 14344 which affirmed the July 25, 2009 Decision of the Regional Trial Court
(RTC), Branch 39 in Dumaguete City, Negros Oriental in Criminal Case No. 0927-123-
3456. The RTC found accused-appellant Mr. Leo Kamanyakis guilty beyond reasonable
doubt of three (3) counts of simple rape.

(After bailiff reads decision of the judge, the judge pounds gavel once.)

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