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Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES


First Judicial Region
FIRST BRANCH
Baguio City
THE PEOPLE OF THE
PHILIPPINES,
Plaintiff,

CRIM. CASE NO. 184765


For: Carnapping

- versus BENJAMIN REGALIA,


Accused.
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TRANSCRIPT of STENOGRAPHIC NOTES
of the PROCEEDINGS
TH
taken on the 30 day of August and 3rd day of September, 2016
Morning Session
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PRESENT:
HON. ROBERTO R. MABALOT
Presiding Judge
JUDY MAURICIO
Branch Clerk of Court
ROLAND SACIAT
Clerk III/Acting Court Interpreter
MR. ROLANDO BAYUGO
Court Stenographer II
APPEARANCES:
Pros. Grace Rodriguez
Public Prosecutor
Atty. Joseph Gutierrez
Private Prosecutor
Atty. Sandy Canosa

Defense Counsel
Court
Clerk of Court

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Court

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Court

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Court
Defense
Court
Clerk of Court

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Call the case


People of the Philippines vs Benjamin Regalia
Criminal Case No. 184765 for: Carnapping, Violation
of Sec. 14, of R.A. No. 6539
This is for arraignment
Appearances for Prosecution
Atty. Grace Rodriguez
Prosecutor
Appearance for Defense
Atty. Sandy Canosa
Defense Counsel
Is the accused around?
The accused is around
Arraign the accused.
People of the Philippines Vs. Benjamin Regalia
Criminal Case No. 184765 for: Carnapping
Accused Benjamin Regalia commit a crime of less
serious physical injuries, Art. 265, committed as
follows:
That on or about the 19th day of August 2016, in the
City of Baguio, Philippines, and within the jurisdiction
of this Honorable Court, the above-named accused,
with deliberate intent and without justifiable motive,
having employed force upon things, did then and
there, willfully, unlawfully,and feloniously, took, stole
and carried away, with intent to gain, one (1)
Mitsubishi Montero, colored black, bearing plate
number VIN 15, and registered to the name of Ms
Mildred A. Sambrano, under CR No. 9176018-5 and
OR No. 784018034 with a value of One Million and
Five Hundred Thousand Pesos (Php 1, 500,000.00)
without the knowledge and consent of the said
owner, and to his damage and prejudice to the
amount aforestated.
Contrary to law.

Court
Accused
Court
Accused
Court

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Do you understand the allegations of the facts?


Yes, your Honor.
What is your plea?
Not guilty, your Honor.
The accused pleaded not guilty.
Was there a proposal for amicable settlement?

Prosecution
Defense
Clerk

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None, your Honor.


The next hearing of this case is schedule next on
September 2, 2016. This session is adjourned.

NEXT HEARING
Court
Clerk of Court

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Call the case


People of the Philippines Vs. Benjamin
Regalia Criminal Case No. 184765 for:
Carnapping, Violation of Sec. 14, of R.A.
No. 6539

Court
Prosecution

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Appearances of the Prosecution


Same Appearance
Atty. Grace Rodriguez
Prosecutor

Court
Defense

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Appearance of the Defense


Atty. Sandy Canosa
Defense Counsel

Prosecution
Court
Prosecution
Court
Prosecution
Court
Prosecution

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Court Interpreter

Rudy

Prosecution

Is the accused around?


Who is your last witness?
Rudy Envidiado
Are you ready?
Yes
Call your witness
May we call Rudy Envidiado to stand in
the witness stand
Raise your right hand. Do you swear or
affirm to tell the truth, the whole truth, and
nothing but the truth?
State your personal circumstances.
I do. I am Rudy Envidiado, Single,
Security Guard
We offer the testimony of the witnesscomplainant to prove that the accused
committed the crime upon this person.

Donato

Mr. Witness, for the record, please state


your name, status, job, and residence.
I am Baldomero Donato, Jr., 23 years old,
jobless and a resident of Subayon, Bilar,
Bohol.

How long have you been staying at

DIRECT EXAMINATION
Prosecution

Subayon, Bilar
Donato
Prosecution
Donato
Prosecution
Donato
Prosecution
Donato
Prosecution
Donato
Prosecution
Donato

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Prosecution
Donato
Prosecution

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Donato
Prosecution
Donato
Prosecution

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Court
Prosecution
Donato
Donato

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Prosecution
Donato

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Prosecution
Donato

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Prosecution

Donato

Prosecution

Donato

Prosecution
Donato
Prosecution
Donato

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Since birth
How many years?
23 years
Where were you on April 13, 2016?
At Jades house
What were you doing?
Listening music from the FM radio
What is the purpose of going there?
To visit my sister and listen music
Who were there?
Brother,Bonifacio and 2 other friends of
my sister
Have you executed an affidavit?
Yes.
Showing this affidavit, marked as Exhibit
B, Whos signature is this?
Mine.
How is this affidavit related to you?
Same affidavit I made.
We manifest that the witness identified the
signature found in the affidavit. We pray
that this signature be mark as Exhibit B-1
Mark it
To whom did you execute this affidavit?
To Atty. Reagan Bolando
Whose signature appearing in the
affidavit?
His signature
How did you know that this signature is
his?
I was there when he affixed his signature
We pray that the signature appearing
above the name of Atty. Bolando be mark
as Exhibit B-2
In Item No. 2, You have said that you
have a verbal tussle with your sister
When my sister requested me to transfer
the frequency of the raido, that causes
our verbal tussle
When your sister got angry, what was
your action?
I went out to stop the mode of argument
or verbal tussle
Where did you go?
I went to the plaza?
How far is your plaza?
30 meters

Prosecution
Donato

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Prosecution

Donato

Prosecution

Defense
Court

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Prosecution

Donato

Prosecution
Donato

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Prosecution
Donato

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Prosecution
Donato

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Prosecution
Donato
Prosecution
Donato

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Prosecution
Donato
Prosecution
Donato

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Prosecution
Donato

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Prosecution
Defense

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Prosecution
Donato
Prosecution

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Donato

When you went out, who did you met?


I was just surprised that Brgy. Captain
Torregosa approached me instantly and
without provocation I was attacked.
Torregosa confronted you with a steel
pipe?
After kicking my feet he paddled my back
with steel pipe/
What was your reaction when he paddled
and kicked you?
Objection! The question is misleading.
If it is alleged in the affidavit, the question
is not misleading.
What was your reaction when he paddled
and kicked you?
I have no time to react, I immediately fell
down,
How did you defend?
I was not able to do so because he hit me
first. I was injured.
After he kicked you, What else did he do?
He shouted KIHA LANG MO KAY
ATUBANGON MO BISAN ASA!
What did you do with the steel pipe?
As far as I could remember. I fell down
and I could mo longer recall
Did he do something else?
No more
After that incident, what happened?
My sister & brother came to rescue and
brought me to the municipal health center
How long did you stay?
For 30 mins.
After 30 mins, where did you go?
My sister and brother brought me to the
hospital of Carmen,Bohol
What did the physician say?
The attending Physician, I should be
admitted.
For how many days?
Objection! It was not alleged in the
affidavit.
How many days?
7 days
After your confinement, what did the
doctor advised you?
To gain full recovery, I should take time to
rest for 15-30 days.

Prosecution
Donato
Prosecution
Donato

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Prosecution

Donato
Court

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Prosecution
Donato
Prosecution
Defense
Court
Prosecution

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Prosecution

How long?
15-30 days
How did you know the accused?
I know him because he is our Brgy.
Captain
If the accused is in the court, can you
point him?
That one!
The Witness is pointing Norman
Torregosa
How long is he a Brgy. Captain?
For two terms
How are you related with the accused?
Objection! The Question is irrelevant
Sustained!
We would like to ask how are they related
to know if there is a conflict between
them/
Thats all for the Witness

CROSS-EXAMINATION
Court
Defense
Court
Defense
Donato
Defense
Prosecution
Court
Prosecution
Court
Donato

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Defense
Donato

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Defense

Prosecution
Court
Prosecution
Defense

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Donato

Defense, ready for cross?


Yes. May I approach the witness?
Proceed
Who were inside the house of Jade?
Bonifacio and 2 other friends
Can you name the other 2 friends?
Objection! It is not stated in the affidavit
He testified. He may ask the name.
We withdraw!
Witness may answer
I do not know their names, maybe my
sister does.
What were they doing?
When I arrived, they are just talking and I
just turned the radio on.
You said that there was a verbal tussle
with Jade; you added that there was rising
of voices? Do you think that the raising of
voices was heard by your neighbors?
Objection! It is asking for the opinion
Sustain!
Withdraw!
How far is your sisters house to
Torregosas?
Around 200 meters

Defense
Donato
Defense

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Donato

Defense
Donato
Defense

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Donato

Defense

Donato

Defense

Donato
Defense

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Donato

Defense

Donato
Defense

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Donato
Defense

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How far us 200 meter, estimate.


From here to capitol
After the verbal tussle, you went to the
plaza. What did you do?
I did not do anything. I just left the house
to cut off the verbal tussle, to my surprise
Brgy. Captain was there.
He was already there?
No. We just encountered at the same way.
Is it correct that you saw the Brgy. Captain
approaching you?
Ive seen him in surprise. Adversarial
approach.
You also alleged that he lifted your neck
using a steel pipe
Not purely lifted. After kicking my feet
struck my back, I fell down. Thats all as
far as I can recall
You said in you affidavit that without any
provocation lifted my neck using a steel
pipe and then kicked my feet and paddled
my back using the same object. Are you
saying that this is not correct?
It is correct.
You said a while ago that not lifted with a
steel pipe
Term may be confusing. I was injured
because of the steel pipe
Just to put in the record, you were saying
that not lifted your beck using a steel
pipe?
I cannot exactly recall.
Said a while ago, during the time of the
attack, you were unemployed?
Yes!
Thats all. No more questions, your Honor.
Thats our last witness. Before we rest our
case, we formally offer our exhibits.
1. Complaint- for the purpose that
there is a case filed.
2. Affidavit of Donato, Exhibit B and all
its sub-markings- To prove that that
the accused inflicted injuries upon
the complainant.
3. Affidavit of Jade Salingay- to prove
that the incident happened in the
plaza
4. Medico-legal of Benito Francisco
Tubaces, Exhibit D- to prove that

the accused sustained physical


injuries.
5. Exhibit E and all its sib-markingsCorroborative evidence.

Court

Defense

The court admits Exhibits A-G to form part


of the evidence of the prosecution
With that your Honor, we rest our case.

Court

Okay, Order.

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HEARING ADJOURNED
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CERTIFICATION

This is to certify that the foregoing transcript of stenographic notes of


the proceedings in the above-entitled case, consisting of eight (8) pages
including this page where this certification is written, is true and correct,
taken to the best of my knowledge and ability.

ROLANDO BAYUGO
Court Stenographer II