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    Transcript of Stenographic Notes

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    Alberto Nichols
    1) The witness (Elpidio Manuel) testifies about an incident that occurred on November 2015 where he, his son, and friends were drinking at their village. An altercation broke out between the victim (Mr. Sudio) and the witness' son. 2) When the victim threw an object and injured the witness' son, the witness hit the victim with a piece of wood to protect his son. The witness then brought his injured son to the hospital. 3) Under cross-examination, the witness admits that he hit the victim but did not have any weapon with him initially. He claims he found the wood used at the scene of the altercation.

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    Transcript of Stenographic Notes

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    Alberto Nichols
    2K views6 pages
    1) The witness (Elpidio Manuel) testifies about an incident that occurred on November 2015 where he, his son, and friends were drinking at their village. An altercation broke out between the victim (Mr. Sudio) and the witness' son. 2) When the victim threw an object and injured the witness' son, the witness hit the victim with a piece of wood to protect his son. The witness then brought his injured son to the hospital. 3) Under cross-examination, the witness admits that he hit the victim but did not have any weapon with him initially. He claims he found the wood used at the scene of the altercation.

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    1) The witness (Elpidio Manuel) testifies about an incident that occurred on November 2015 where he, his son, and friends were drinking at their village. An altercation broke out between the victim (Mr. Sudio) and the witness' son. 2) When the victim threw an object and injured the witness' son, the witness hit the victim with a piece of wood to protect his son. The witness then brought his injured son to the hospital. 3) Under cross-examination, the witness admits that he hit the victim but did not have any weapon with him initially. He claims he found the wood used at the scene of the altercation.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    2K views6 pages

    Transcript of Stenographic Notes

    Uploaded by

    Alberto Nichols
    1) The witness (Elpidio Manuel) testifies about an incident that occurred on November 2015 where he, his son, and friends were drinking at their village. An altercation broke out between the victim (Mr. Sudio) and the witness' son. 2) When the victim threw an object and injured the witness' son, the witness hit the victim with a piece of wood to protect his son. The witness then brought his injured son to the hospital. 3) Under cross-examination, the witness admits that he hit the victim but did not have any weapon with him initially. He claims he found the wood used at the scene of the altercation.

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    © All Rights Reserved
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    of 6

    J- Fiscal Turqueza

    V- Atty. Vivian Nalupta


    P- Prosecutor Piso
    W- Witness Elpidio Manuel
    C- Clerk of Court
    P- Collaborating Prosecutor, Your Honor
    V- Your Honor for the defense
    J- Fiscal and Atty. Nalupta, you failed to sign the document of the record of
    the case. Can you please sign the pre-trial order counsels, together with
    the accused. Who is the Clerk of Court? Do not blank your side, both of
    them.
    J- Ok, so what Atty. Nalupta, do you want to continue the your defense?
    Who is your next witness?
    V- The other accused Elpino Manuel, Your Honor
    J- Atty. Nalupta, ...
    INTERPRETER- Ilangad mo ngard ti nagan mo ken sabali pay nga
    mangipaneknek ti kinataom.
    W- Siyak ni ....
    J- The Witness is ready, proceed.
    DIRECT EXAMINATION
    V- The testimony is being offered to prove that... and other related matters.
    Mr witness may you please state your personal matters?
    J- That is not the way to ask the witness, what is his relation to the other
    accused?
    V- Mr. Witness do you remember that you executed an affidavit?
    V- Mr. Witness do you recognize the signature appearing....?
    J- Ms. Nalupta, ask him if....
    V- If this is your signature Mr. Witness, can you recognize the other
    signature?
    Clerk of Court the witness recognized the signature appearing in the
    affidavit.

    V- Do you recognize....
    J- that us not how to do it, ......
    V- since you recognized the this affidavit and signature, may I ask you
    when are (were) you on _____ of November 2015?
    W- We had a drinking spree with my friends at our brgy. with my son and
    Mr. Sudio
    V- Mr. Witness can you recall unusual incidents that transpired on that
    night?
    W- Yes Maam.
    V- Mr. Witness, can you narrate what transpired on that night?
    W- At that night, there was a commotion that involved the death of Mr
    Sudio.....
    V- Mr Witness, do you have an involvement on that incident?
    W I admit that I was with my son during that night.
    V- mr witness, upon witnessing what you referred to us, what have you
    done?
    w- ....
    J- The court will ask for you, at what point in time that you were with your
    son?
    W- At the moment I was with my child and friends and had drinking
    session.
    J- At that time, were there unusual incidents that transpired?
    w- at that time, we were having a good time, but then suddenly, Mr. Sudio
    started the commotion.
    V- after you saw that commotion, what did you do?
    w- none maam.
    V- Thats all, Your Honor
    J- thats all? Thats all?
    v- Mr. Witness why did you....
    P- Objection, no basis.
    V- After seeing the commotion where did you go?
    W- I was there where we were drinking.
    J- After that what happened next?

    w- after that commotion there was a physical fight involving my son


    (Panag-gabo)
    j- you said they were wrestling, who were wrestling?
    w- My friend Nathaniel and the rest of the company.
    J- so after that, what happened?
    w- I pacified them
    j- how did you pacify them?
    w- i tried to separate them from each other
    j- so you have done it?
    W- yes your honor
    j- if you say victim, who is you referring to?
    w- the person who died
    v- where did you go after that?
    w- ...
    v- how far is the house of Nathaniel from your house?
    w- approximately 100 steps away from our place
    v- which direction he was going ?
    w- southward
    v- so after going southward, that happened next?
    w- i saw that he harmed my son.
    v-how did he harm your son?
    w-he was holding a heavy thing
    v- how were you able to know that it was heavy?
    w- the way he hold it.
    v- what is the object?
    w-by that distance, it looks like a stone.
    v- so after witnessing that, what was your next move?
    w- ...
    v-How did the victim harm your son?
    w- with what he was holding, he threw that to the direction of my son
    v- what did you do after you saw that?
    w- when i saw my son almost lost his balance, i immediately followed them.

    v- after following them, what did you do?


    w-....
    v- Since they .... fight, were you able to pacify them?
    w- no
    v-when you were not able to pacify them, what did you do?
    w- none
    v- upon taking away your son from the victim, did you succeed in
    separating them?
    w- no maam
    v- So what did you do mr witness?
    w- when Nathaniel was about to hit my son, that was the time i did
    something.
    v-what did you do in order to protect your son?
    w- i used a thing
    v-what is that thing?
    w- wood
    j- when you saw that Nathaniel was about to injure your sone, what did you
    do?
    w- i pulled my son away
    v- were you able to pull your son?
    w-no maam because he was already weak due to injury he sustained
    v- what did you do next?
    w- being a father i tried to protect my son
    v-in whatr manner did you protect your son?
    w-I also hit him (Nathaniel) with a wood
    v- so after that what did you do next?
    w- to prevent further commotion, i took my son away.
    v- from that instance were you able to take him away?
    w- yes. That was also the reason so i went home
    v-what happened to your son then?
    w- when i saw that my son sustained wound on his head, i rushed him to
    the hospital

    CROSS EXAMINATION
    p- Mr. Witness where is your house again?
    w- Brgy ..., Piddig, Ilocos Norte.
    p-Where is your house in relation with that of Nathaniel?
    w- it is quite far, little bit far
    p-how long have you known the victim?
    w-it is quite long time because we have been friends for almost 10 years.
    p-were you present at the time of harvest?
    w- Yes
    p- where you present at the drinking session?
    w- yes
    p-who was with you?
    w-my friends
    p-if you are present in the drinking session, did you see the incident when
    the victim punched alex?
    w-exactly sir
    p-can you describe the fighting?
    p- where were you then when the victim and son were grappling?
    w-i was at the place of drinking session
    p-how far the drinking session from the place of the grappling/wrestling?
    w- 10meters
    p-how did you know the commotion?
    w- i was there at the place of commotion
    p- you stated in your affidavit that you hit the victim, do you have an arm
    when you went there?
    w- no
    p- so where did you get the wood?
    w-at the place of the commotion
    p-so you mean the place of the commotion there were woods?
    w-yes there are some
    p-can you show how long is the wood?
    w-just like my arm (showing/describing the size of the wood, maybe 2
    inches)

    p- do you know who was the first to be hit when your son and the victim
    wrestling?
    w- I do not know
    p- SO when you were hitting the victim with the piece of wood, was he able
    to throw punches?
    w- i saw them punching each other
    p-was your son hit?
    w-yes
    p-in what part?
    w-(witness touching his shoulder part and back of his neck)
    p-did you sustain injuries?
    w-yes sir.
    p-what part of your body?
    w- -(witness touching his shoulder part and back of his neck)
    p-so if you sustained some injuries, why you were not able to acquire a
    medical certificate?
    w- because I was able to bear the pain and injuries.

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