The accused unlawfully took the

personal properties from the victim

against by employing violence and
intimidation against him.

54. The testimony of the victim Joey Sia Mancilla clearly and
consistently established the fact of his detention by the three (3) accused, as
well as the combined physical assault, threats and intimidation inflicted
against his person by the three (3) accused who successfully took from him
personal properties against his will. His testimony remained firm and
consistent even during cross examination.
55. Based on the victim’s testimony, on 27 April 2009, accused
Arwin Murillo cunningly and deceitfully introduced himself as a
prospective buyer of a dog being sold at the kennel owned by the victim.1
56. It was on such false pretext that accused Arwin Murillo was
able to set up a business meeting with the victim, and thereafter, lure the
victim into allowing Arwin Murillo into his car, where Arwin Murillo held
him at gunpoint and forced him to drive to Q-11 Hotel which was where
the victim was initially detained.
57. The victim testified as to the fact that he was held at gun
2
point, viz—
Atty. Hernandez
And what happened during this time?

Witness
When we were about to reach Max’s EDSA, all of a sudden,
he pulled out his gun and pointed it to me. I was shocked
and then he told me to get the vehicle to make a U-turn
and then we went to turn right on a side street and another
right and then….
xxx
Witness
Then, he asked me proceed to Q-11 Hotel, mam.

Atty. Hernandez
What time was this?

Witness
This is about 8:00 p.m., mam.

58. On cross examination, the victim confirmed having been

threatened with a gun by the accused Murillo.3 Upon further questioning,
the victim clearly described the gun used to threaten him,4 viz—

1 TSN dated 10 February 2010, page 10-12

2 TSN dated 10 February 2010, page 12.
3 TSN dated 10 February 2010, page 4-5
4 TSN dated 10 February 2010, page 6-7
 Atty. Bedaña (to the witness)
Q Were you able to take a glance at the gun that he pointed
to you?
A Yes mam. Even if it is dark.

Q Can you try to describe to us that gun that you saw, the
appearance?
A Metal. I am not familiar with guns. I noticed that it doesn’t
have a barrel. Most probably, it is a 45.

Q How about the color, what was the color?

A Silver and black.

Q You were able to notice the color of the gun?

A Silver.

Q And you were driving then, yet, you were taking a glance at
the gun, were you still driving?
A Because he pointed it to me.

Q Can you show us which particular part of your body was it

actually pointed to?
A In my right upper waist.

68. On cross-examination, the victim likewise testified that upon

their arrival at Q-11 Hotel, and while inside the premises of the hotel, he was
still being poked with a gun by accused Murillo.5
69. Based on the victim’s account, the accused Arwin Murillo took
one (1) of the victim’s cellular phones and used it to call the other two (2)
accused, Michael Paul Battad and Luis Asistio, Jr. while the victim was
detained a room at Q-11 Hotel by accused Arwin Murillo,6 viz—
Q This is about 8:00 p.m., mam.
A He held me in one corner of the room and then he
took my cellphones, mam.

Q So, you checked-in at Q-11 Hotel?

A Yes, mam.

Atty. Hernandez:
And then, after this?
Witness
That is when he brought me inside the room, mam.

Q What happened inside the room?

A He held me in one corner and then took my
cellphones and then, I over heard him calling
somebody, mam.

Court How many cellphones did he take?

Witness Initially, he took one of them, Your Honor.

5 TSN dated 5 December 2013, page9.

6 TSN dated 10 February 2010, p. 14.
 Atty. Hernandez
What happened after?

Witness Then, I heard him saying “we’re already here”, then he

mentioned about the room.

Q What time was this?

A Around 8:30 p.m. of the same day, mam.

Q Did you come to know who these persons are?

A No, mam.

Q What happened after the call?

A Then, a few minutes after, two fellows came in.

Atty. Hernandez
Did you come to know who these persons are?

Witness I can only hear them talking and one was being
referred to as Peting and the other one was being
called as Doc, mam.

70. The victim further testified that after Murillo’s call, the two (2)
accused went inside the Q-11 Hotel room where he was being detained. The
victim testified that the entry of these strangers—the two (2) other
accused— into the room where the victim was detained, triggered a feeling
of intense fear in the victim,7 viz—
Atty. Hernandez
What was your reaction when you saw these two visitors
of Arwin Murillo?
Witness
I was so scared, mam. I do not know what was their
purpose and I was so scared of my life and I was also
shocked, mam.

71. The victim further testified that he then tried to leave the hotel
room, but this attempt was met with collective mauling and threats from
the three (3) accused. The victim testified,8 thus—
Q What happened then?
Witness
I tried to excuse myself and tried to talk to Arwin Murillo,
I told him that I want to go home and that I want to live,
and as I was going out and trying to leave, they grabbed my
hand and pulled my hair.

Atty. Hernandez
You mentioned earlier that these people beat you up, can
you tell the Court how they beat you up?

Witness

7 TSN dated 10 February 2010, p. 15.

8 TSN dated 10 February 2010, p. 15-17.
 This Doc held my one hand, Arwin Murillo held my other
hand, and then, this Peting grabbed a broken vase in the
table in that hotel room and hit me with that vase. While
Doc was hitting my stomach and my face, they were all side
by side hitting me, mam.

Court
The participation of this Doc was holding your one hand
and hitting your stomach and face with his fist?

Witness
Yes, Your Honor.
Court
How about this Arwin Murillo, what was he doing?

Witness
He was holding my other hand and was also hitting the
side of my stomach, Your Honor.

Court
How about Peting?
Witness
Peting hit me in the face and also hit me in the head with
the vase, Your Honor.

Court
Were you hit?
Witness
Yes, Your Honor, I sustained big bumps on my head when
that thing happened, Your Honor.

72. The victim testified that because of the commotion created by

the accused when they mauled him, the accused decided to move him to
another location.9

73. After the three (3) accused coerced the victim to board his car
with them, the three (3) accused drove the victim around the EDSA
Monumento area. During this time, the accused threatened to maul the
victim, leaving him no choice but to cooperate. All the while, the accused
were trying to extort money from him and forced him to issue a check. They
also took, and went through, the victim’s bag.10

74. The victim testified that while inside the moving car, the
accused took his two (2) other cellular phones from his bag,11 viz—

Q You have three (3) cellphones, and you said the first one
was taken and used by Arwin Murillo in calling Peting and
Doc. The second phone was taken where?
A In the car, they were already holding my bag, mam.

9 TSN dated 10 February 2010, p. 17.

10 TSN dated 10 February 2010, p. 17-20, 30.
11 TSN dated 10 February 2010, p. 30.
 Court
Who took the second phone?
Witness
I saw Peting holding my other two cellphones, Your Honor.

Court
Where did he take it?
Witness
From the car, I saw him holding it in Victoria Court, Your
Honor.

75. The accused then brought the physically and emotionally

battered victim with them to Victoria Court at Bagong Barrio, where they
further detained him.12

76. The victim testified that at Victoria Court, he saw Peting

holding his two (2) other cellphones,13 viz—

Court
When was the two other cellphones taken?
Witness
When I was brought to the Victoria Court, I saw Peting
holding
my two other cellphones and the camera was strapped
here.

Court
Who took that?
Witness
Peting. Your Honor.

Court
When?
Witness
When they brought me to Victoria Court, I saw him
holding my cellphones, Your Honor.

Court
You recognized it as yours?
Witness
Yes, Your Honor.

77. Aside from the three (3) cellular phones, the victim testified
that the accused stole a camera from him during this ordeal,14 viz—

Atty. Hernandez
Aside from the cellphones, what else was taken from you?
Witness
My camera, mam.

Atty. Hernandez: Where was this taken?

12 TSN dated 10 February 2010, p. 19-21.

13 TSN dated 10 February 2010, p. 29.
14 TSN dated 10 February 2010, p. 31.
 A Inside the car, mam.

Q By whom?
A By Peting Asistio, mam.

xxx
Court
Where was the camera taken? In what place?
Witness
The camera was inside my car, Your Honor.

Court
Where was the car?
Witness
When they were leaving Victoria Court, I saw Peting with my
camera strapped in his shoulder, Your Honor.

Atty. Hernandez
How much is this camera worth?
Witness
P54,000.00, mam.

78. The victim also testified that at Victoria Court, the accused
stole the ring his mother gave him,15 viz—

Atty. Hernandez
Aside from the 3 Nokia cellphones worth P25,000.00 and a camera
worth P54,000.00, what else was taken from you?
Witness
The ring that my mother gave me, mam.

Atty. Hernandez
Where was this taken?
A Inside Victoria Court, mam.

Q By whom?
A By Arwin Murillo, mam.

Q And how much is this worth?

A This is about P56,000.00, mam.

37. It cannot be overemphasized that the prevalent mindset of the

victim as he was being detained by the three (3) accused who were total
strangers to him— being physically abused by them, and being emotionally
beaten through repeated threats and intimidation—is the fear that he was
going to die. The victim’s testimony gives added insight, viz16—

15 TSN dated 10 February 2010, p. 32.

16 TSN dated 16 November 2009, pages 36-37 thereof.