People of The Philippines vs. Rayver Cruz For: Rape

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The case involves a rape accusation against Laurence David by Jasmine De Honor. Witnesses were called and questioned during the trial.

The prosecution claims that Laurence David raped Jasmine De Honor on October 7, 2020 around 11 PM in San Jose De Buenavista, Antique Province. Jasmine De Honor herself testified about the alleged rape.

The prosecution called Jasmine De Honor to testify about the alleged rape. She was questioned by the prosecution and cross-examined by the defense.

PEOPLE OF THE PHILIPPINES vs.

RAYVER CRUZ
For: Rape

Clerk of court: All rise.


Almighty God, we stand in Your Holy Presence as our Supreme Judge.
We humbly beseech You to bless and inspire us so that what we think,
say and do will be in accordance with Your will.
Enlighten our minds, strengthen our spirit and fill our hearts with fraternal love,
wisdom and understanding, so that we can become effective channels of truth, justice and peace.
In our proceedings today, guide us in the path of righteousness for the fulfillment of Your greater glory.
Amen.

The court is now in session. Honorable Rovee Borbo is our presiding.

Judge: Call the case

Clerk of court: People of the Philippines vs Laurence David


Criminal Case No: 20791 for: Rape

Prosecutor: City prosecutor Robert Mequila for the prosecution, your Honor.
DC: Atty. Arjay Arcega respectfully appearing for the defense, your Honor.
Judge: Is the accused around?
DC: The accused is around, your Honor.
Judge: Arraign the accused.

The undersigned accuses Laurence David of the crime of RAPE under Article 335 of the Revised Penal Code,
committed as follows:

That on or about October 7, 2020, at around 11 o’clock in the evening, in the Municipality of San Jose De
Buenavista, Antique Province, Philippines and within the jurisdiction of this Honorable Court, the above-
named accused, with lewd designs, by means of force, violence and intimidation, that is by attacking and
hitting with a rod-like instrument, Jasmine De Honor, which resulted in her incurring serious physical
injuries that almost caused her death, and while the victim was in such a defenseless situation, did then and
there have carnal knowledge of said Jasmine De Honor against her will and consent.

Contrary to law.

Court Interpreter: Do you understand the allegations of the facts?


Accused: Yes, your honor.
Interpreter: What is your plea?
Accused: Not guilty, your honor.
Interpreter: The accused pleaded not guilty, your Honor.
Judge: What was the status of this case before the fire?
Prosecution: Prior to the fire, a pretrial order has been issued by this Honorable Court. We now pray
your Honor that our motion for reconstitution of records be granted. May I approach the bench?
Judge: Proceed. Finding the motion for reconstitution of records sufficient in form and substance, this Court
hereby grants and admits the evidence attached thereto.
FIRST WITNESS FOR THE PROSECUTION

DIRECT EXAMINATION

Judge: Proceed with the trial. Prosecution, who is your first witness?
Prosecutor: The victim herself, MS. JASMINE DE HONOR, your Honor.
Judge: Is she ready?
Prosecutor: Yes, your Honor.
Judge: Call your witness.
Prosecutor: May we call MS. JASMINE DE HONOR to come to the witness stand.
Court Interpreter: Raise your right hand. Do you swear or affirm to tell the truth, the whole truth and nothing
but the truth?
Witness: I DO.
Court Interpreter: State your personal circumstances.
Witness: I, JASMINE DE HONOR, 21 years old, single and a resident of San Jose De Buenavista, Antique
Province.
Prosecutor: We offer the testimony of the witness-complainant to prove that the accused committed the crime
upon his person. Ms. Witness, for the record, please state your name, status, job, and residence.
Witness: I am JASMINE DE HONOR, 21 years old, single, jobless and a resident of San Jose De Buenavista,
Antique Province.
Prosecutor: Ms. witness, do you know Laurence David, the accused in this case?
Witness: Yes, Sir.
P: Do you know him personally?
W: Yes, he has been my neighbor since I was still very young.
P: What else?
W: He is also a farmer in a nearby field. I often see him with my grandpa during harvest season.
P: Have you had any interaction with him?
W: None, Sir. But I sometimes notice that when I pass his house, he would stare at me.
D: Objection your Honor, the statement is irrelevant. The witness can't prove whether the accused did or did not
stare at her.
C: Sustained. Strike out the last statement.
P: So, you had no dealings with him prior to his case?
W: None Sir.
P: I see. Ms. Witness, what happened on the night of October 7,2020?
W: I was raped, Sir.
P: When did the ACCUSED rape you?
W: I believe it was around 11 o'clock in the evening.
P: Where did this happen?
W: It happened in the rice fields Sir.
P: Why were you in the rice fields at that time of the day?
W: I was supposed to go to the center San Jose De Buenavista to buy dinner for me and my grandfather. I was
walking through the rice paddies when the accused approached me from behind.
P: How did you know it was the accused who approached you?
W: I was bringing a LAMPARA since it was already dark, when suddenly I noticed some movement behind me.
It was the accused, who seemed to appear suddenly from nowhere. I lifted the LAMPARA nowhere and
illuminated his face, and I was able to recognize him.
P: What was your reaction when you saw the accused?
D: Objection your Honor. Irrelevant. It does not tend to prove the fact in issue.
J: Overruled.
P: What then happened next if any?
W: I greeted him “maayong gabii angkol”. But I noticed that he was bringing a rod-like object and he was
hiding it behind his back.
P: Did he reply to your greeting?
W: No Sir. He lunged at me. I was startled then I tried to run away from him. But he caught up to me
immediately and I felt a very strong pain at the back of my head. I think it was because the accused hit me with
the rod-like object that he was holding.
D: Your Honor, I move to strike the answer of the witness. It is a mere opinion of the witness.
C: Granted.
P: And what happened to you after you felt the strong pain in your head?
W: I felt dizzy and I fell down Sir.
P: Did you lose consciousness?
W: No, Sir. I was dizzy and my head was really painful but I was still conscious. I could still feel what was
happening to me. I was closed my eyes and pretending to be dead because I was afraid that he would kill me if
he finds out I was still alive or if make some resistance.
P: What then happened afterwards?
W: The accused he pulled down my jogging pants. He also removed my panty, my blouse and my bra.
P: After he undressed you, what did he do next?
W: He went on top of me.
P: What happened then?
W: He sucked my breast. He also removed my pan
P: And after that?
W: He was forcing his penis inside my vagina.
P: Did he succeed in putting his penis into your vagina?
W: Yes, Sir.
P: What did you feel when he inserted his penis?
W: It felt really painful Sir.
P: What happened next?
W: He started his pumping movements Sir.
P: For how long did the accused perform this pumping movement?
W: For quite some time, Sir.
P: After that, what happened?
W: He came Sir. Then he stood up and put on his pants. He then checked if I was still breathing. I held my
breath and pretended to be dead.
P: What happened afterwards?
W: He covered me with grass Sir. Then he left.
P: What did you do after he left?
W: I tried to feel my head, the one where he hit me. It was bleeding profusely. I tried to move but it was too
painful. I lost consciousness after.
P: What happened next?
W: I regained my consciousness. I did not know what time it was but it was still dark. I started to crawl towards
the bright lights. I crawled and crawled until I reached what I think was the highway. I was too exhausted to
move and I just lied there hoping and praying the whole time praying that someone would be able to see me and
bring me to the hospital. I was so tired and could hardly move anymore. I fell unconscious again.
P: What then happened afterwards?
W: When I woke up, I was already in the hospital. I saw my grandfather talking to some policemen in the
emergency room.
P: In the hospital, did they conduct any examinations/tests on you?
W: Yes Sir.
P: Can you still remember the examinations/tests done to you?
W: Yes, the medical personnel conducted physical examination and vaginal swab on me.
P: What happened after?
W: I stayed in the hospital until I was strong enough to go to the Police Station. Together with my grandfather, I
filed a formal complaint against the accused.
P: Now, Ms. DE HONOR, if accused is inside the courtroom, will you please point at him?
W: It was him (points to the accused). He was the one who raped me Sir.
Interpreter: Witness is pointing to a man wearing an inmate uniform. Could the man rise and state his name
Accused: I am LAURENCE DAVID, your Honor.
P: No further questions your Honor.

CROSS-EXAMINATION

C: Defense, do you have any questions for cross-examination


Defense: Yes your Honor.
Judge: Proceed.
D: Ms.Witness, why were you going to the city at that time of the night, all alone?
W: I was going to buy food from the sentro Sir.
D: You live on the farm yet you have no food in your house?
W: Yes Sir.
D: Why is that?
W: We plant corn Sir and it's not yet harvest time.
D: I see. And why did you go out at night time?
W: I forgot to buy it earlier that day because we were very busy in the fields Sir.
D: Why did you not ask anybody to accompany you?
W: There would be nobody left in the house Sir. Besides, there was no crime in our area for a while now. We all
know and help other. We're a very close community. I did not expect anything to happen to me that night Sir.
D: Ms. Witness, you testified earlier that it was already 11 o'clock when the incident happened, is that correct?
W: Yes ma'am.
D: You mentioned that the incident happened in the ricefields. Where there any objects which provide
illumination in the ricefield?
W: No Sir. But I was bringing a lampara.
D: Is your lampara very bright?
W: Enough to light my way in the ricefield Sir.
D: How far did the light illuminate your way Ms. Witness?
W: About a meter or so Sir.
D: In effect, it was just about enough to illuminate just your 'front' ma'am?
W: Yes.
D: So Ms. Witness, how did you know it was the accused then who assaulted you?
W: I saw him Sir.
D: But you said it was very dark and the light from the lampara is very limited. How can you be certain that it
was him?
W: I am familiarize with his built and features because I always see him.
D: So, in short Ms. Witness, you just made the assumption that it was the accused who raped you on the basis of
his body built?
W: No Sir. I also saw his face.
D: I see. That’s all your Honor.
C: Prosecutor, do you have any re-direct?
P: Yes, your Honor.

RE-DIRECT EXAMINATION
P: Ms. Witness, how were you able to ascertain that it was the accused who raped you, given that it was very
dark when the incident happened.
W: As I previously said Sir, the lampara illuminated his face.
P: And was there any distinguishing mark which would enable to you establish that it was indeed the accused
who hit and raped you?
W: Yes Sir.
P: And what is that?
W: He has a butterfly tattoo on his face.
P: Your Honor, may we ask this Honorable Court to make the accused stand.
C: Will the accused please stand.
A: (stands)
P: Now, Ms. Witness, can you please describe the face of Mr. Laurence David?
W: Its very ugly Sir. I will not forget that face all my life because he raped me.
P: Do you see any distinguishing mark on his face?
W: Yes Sir.
P: What mark is it?
W: It`s a tattoo of a butterfly.
P: No further questions your Honor.
C: Any re-cross for the defense counsel?
D: None your honor.
J: The witness is now excused.

SECOND WITNESS FOR THE PROSECUTION

Prosecutor: With the permission of this Honorable Court, may I call our second witness, Your Honor?
Judge: Call your next witness, counsel.
Prosecutor: Our second witness Your Honor, is Mr. John Alvarez, a helper/farmer in a nearby rice field, who
saw the victim unconscious during the night of October 7, 2020 where the accused allegedly raped her.
Judge: Counsel, swear the witness.
Court Interpreter: Do you swear to tell the truth, the whole truth and nothing but the truth in this hearing?
Neighbor: Yes, I do.
Court Interpreter: Will you please state your name, address and other personal circumstances?
N: I am John Alvarez, a resident of Atabay, San Jose De Buenavista, Antique Province, 25 years old, farmer.
Court Interpreter: Your witness, counsel.
Prosecutor: Your Honor, the purpose of the testimony of this witness is to provide corroborating evidence as to
the testimony of the Victim to show proof that the accused, on October 7, 2020, with lewd designs, by means of
force, violence and intimidation, did then and there, attack, assault and fornicated with the private complainant
against her will and sound volition.
Judge: Proceed.

DIRECT EXAMINATION

Prosecutor: Mr. Witness, where were you on the night of October 07,2020
N: I was finishing up in the field and getting ready to go home.
Prosecutor: Were you alone that night or with somebody?
N: I was alone because the others already went home early that day.
Prosecutor: Did you observe something unusual that night?
Defense: Objection your Honor. Speculative.
Judge: Sustained.
Prosecutor: What happened when you were on your way home?
N: I heard someone crying, like out of pain, and asking for help.
Prosecutor: What did you do then?
N: I tried to find where it was coming from and who it was.
Prosecutor: And what did you find out?
N: I saw the victim, my neighbor, who was lying on the ground, hurt, clothes torn and struggling to call out for
help.
Prosecutor: What did you do when you found out that it was your neighbor?
N: I immediately went to her and asked her what happened.
Prosecutor: What then, if any, did she say?
N: She just kept on repeating ‘LAURENCE DAVID, LAURENCE DAVID’.
Prosecutor: And do you know this person whom the victim is referring to?
N: Yes. He is our neighbor.
Prosecutor: Is he present in this court room right now?
N: Yes.
Prosecutor: With the Court’s permission, can you point the accused?
N: (Witness pointing to accused).
Prosecutor: As neighbors, were you friends with the accused?
N: I cannot say that we are friends but rather acquaintances.
Prosecutor: Do you know anything about the status of the accused?
N: I know that he is married but with no children. And that his niece is living with them because she also works
in the fields.
Prosecutor: Do you know if accused has been previously convicted or charged for any crime?
Defense: Objection, Your Honor. The question is violative of ____________
Judge: Sustained.
Prosecutor: No further questions, Your Honor.
Judge: Any cross-examination from the defense?
Defense: With the permission of the Court, Your Honor.
Judge: Proceed with the cross.

CROSS-EXAMINATION

Defense: You mentioned earlier that you were alone that night when you saw the private complainant. Is that
correct?
N: Yes.
Defense: Do you still remember what time it was?
N: At around 12:00 AM midnight.
Defense: Did you not see anybody else in the area?
N: No, because the others went home early that day and I was left alone in the field.
Defense: What did you see when you saw the private complainant?
N: I saw her lying on the ground, crying and hurt, with her clothes torn.
Defense: Did she tell you who did that to her?
Prosecution: Objection, Your Honor. That was already established in a prior question your Honor.
Judge: Sustained.
Defense: You said that private complainant kept on repeating the accused’s name. Is that correct?
N: Yes.
Defense: But she did not say anything else? Only that of accused’s name?
N: Yes.
Defense: Do you know if the accused and private complainant were friends?
N: No.
Defense: Do you think it is possible that when private complainant was calling out accused’s name, it was for
help and not to implicate him?
N: No.
Defense: Do you know of any relationship between private complainant and accused?
N: No.
Defense: That is all for the Defense, Your Honor.
Judge: Any re-direct?
Prosecutor: None, Your Honor.
C: Witness you may now be excused.

THIRD WITNESS FOR THE PROSECUTION

Prosecutor: May I call our third witness, Your Honor?


Judge: Call your next witness, counsel.
Prosecutor: Our third witness Your Honor, is Dr. Hernani Malagiok, the NBI Medico-Legal Officer who
conducted examinations on the victim in the morning following the incident.
Judge: Swear the witness.
Court Interpreter: Do you swear to tell the truth, the whole truth and nothing but the truth in this hearing?
Witness: Yes, I do.
Court Interpreter: Will you please state your name, age, status, address and other personal circumstances?
Witness: I am Dr. Hernani Malagiok 31 years old, married, a resident of Makupa Subdivision. I am a Medico-
Legal Officer of NBI, San Jose De Buenavista.
Court Interpreter: Your witness, counsel.
Prosecutor: We offer the testimony of Dr. Hernani Malagiok as
corroborative evidence to formally testify the content of the medico-legal report.
Judge: Proceed.
DIRECT EXAMINATION

Prosecution: Witness, what is your educational background?
Witness: I finished Doctor of Medicine.
Prosecution: From what school?
Witness: St. Anthony`s College of Medicine.
Prosecution: What licensure exam have you taken, if any?
Witness: Licensure for Physicians.
Prosecution: When did you take and pass the licensure exam?
Witness: In the year 2008.
Prosecution: After that, did you have a formal training, if any?
Witness: Yes. I was a Resident Physician at University of the Philippines , Philippine General Hospital.
Prosecution: What further studies have you pursued after medical school, if any?
Expert Witness: I pursued a Residency in Obstetrics and Gynecology at University of the Philippines
Philippine General Hospital and passed the diplomate exam.
Prosecution: After that?
Witness: I was an ObGyne Consultant at the University of the Philippines  Philippine General Hospital
for 2 years, before I was hired by National Bureau of Investigation Medico-Legal Division, San Jose De
Buenavista..
Prosecution: As what?
Witness: Medico-Legal Officer.
Prosecution: Can you tell us what do you do as a Medico-Legal Officer? What are your functions?
Witness: I conduct physical examinations referred to our Division in cases of rape, murder and the like. I also at
tend court hearings for my MedicoLegal opinion.
Prosecution: For how many years now?
Witness: For 8 years.
Prosecution: Approximately how many times have you testified as an expert witness in a rape case?
Witness: More or less 50 cases Sir.
Prosecution: Did you conduct a physical examination on October 8, 2020 involving one JASMINE DE
HONOR?
Witness: Yes.
Prosecution: After you have examined, what did you do?
Witness: I made a report.
Prosecution: I am showing to you a document with a heading “medico-legal report”, what is the relation of this
document to the report you just mentioned?
Witness: That is the same document.
Prosecution: Whose signature appears above the name Balisnomo?
Witness: Mine.
Prosecution: We pray your Honor that the medico-legal be marked as Exhibit B and the signature appearing in
this document as exhibit b-1.
Judge: Mark it.
Prosecution: Your Honor that she be qualified as expert witness.
Judge: Admitted.
Prosecution: One of your findings states that the victim’s hymen showed lacerations at 3 o’clock and 9 o’clock positions
Witness: Yes.
Prosecution: Will you please tell us what do these lacerations mean?
Witness: A 3 o’clock and 9 o’clock
indicates the position of the injury sustained by the victim in her private internal organ, Sir.
Prosecution: What could have caused these lacerations you found?
Witness: It could be caused by a blunt object or by violence.
Prosecution: Could it be caused by a private organ of a man forced to penetrate the vagina of the victim?
Witness: Yes Sir.
Prosecution: How about this entry which I quote, “Rupture with remnants of the hymen within the vaginal opening” Tell 
us what does it mean.
Witness: It simply means that if the hymen is ruptured, there is a penetration of the vagina.
Prosecution: The alleged crime was committed on October 7, 2020 and you examined her on October
8, 2020, could you tell us if the injuries you found on the private organ of the victim are compatible to the date of inflictio
n?
Witness: There is a fresh injury. It could only be recent; it could be less than 3 days. I examined her a day after. Yes, the i
njuries are compatible with the date of infliction.
Prosecution: Still in your medical certificate, it shows that you conducted another procedure which is the vaginal swab, c
ould you tell the court of your findings?
Witness: A vaginal swab of the victim, Jasmine De Honor, yielded a positive result for spermatozoa.
Prosecution: No further questions, your Honor.
Judge: Any cross-examination from the defense?
Defense: Yes your honor.
Judge: Proceed.
Defense: May I approach the witness your Honor?

CROSS EXAMINATION

Defense: According to you that the vaginal swab yielded a positive result of spermatozoa. Is that correct?
Witness: Yes Sir.
Defense: Did you conduct any test to identify whose spermatozoa was in the swab test?
Witness: No Sir.
Defense: Why did you not conduct any test?
Witness: We do not have any machine that will make us identify it Sir.
Defense: So in effect, Ms. Witness, what you are trying to say is that the victim was raped but the test does not
reveal the identity of the person whose sperm was found in her body?
Witness: Yes Sir.
Defense: No further questions your Honor.
Judge: Any re-direct?
Prosecution: No your Honor.

Prosecutor: We are through with the presentation of all our witnesses, Your Honor.
Judge: In the interest of justice, are there any other additional comments or questions from the defense?
Defense: None, Your Honor.
Prosecutor: Your Honor, we are now resting the case for the defense.

FIRST WITNESS FOR THE DEFENSE

Judge: We will now proceed to the presentation of the witnesses for the defense. Call your witness, counsel.
Defense: For our first witness, Your Honor, we would like to call to the witness stand, the accused Laurence
David.
Judge: Court Interpreter, can you ask the witness if he can understand the English language.
Court Interpreter: Yes, the witness can understand the English language.
Judge: Swear the witness.
Court Interpreter: Do you swear to tell the truth, the whole truth and nothing but the truth in this hearing?
Accused: Yes, I do.
Court Interpreter: Will you please state your name, address and occupation.
A: I am Laurence David of San Jose De Buenavista, Antique Province, farmer, 53 years old and separated.
Court Interpreter: Your witness, counsel.
Defense: Your Honor, the purpose of the testimony of this witness is to show proof that the accused, on the
evening of October 7, 2020 was at his home at the time of the alleged commission of the crime being imputed to
him.
Judge: Does the defense have other witnesses in the court room?
Defense: Yes, the niece/nephew of the accused, who presently lives with the accused your Honor.
Court:Proceed.

DIRECT EXAMINATION

Defense: What is your occupation Mr. David?


A: Farmer Sir.
Defense: How long have you been a farmer?
A: For about 10 years now Sir.
Defense: Being a farmer, can you detail to the Court your daily routine?
A: As a farmer Sir, I wake up early in the morning, around 4:30. I start farming around 5 in the morning. I stop
until around 3 or 4 in the afternoon. Afterwards, I prepare supper. Then some slight recreation, like playing
cards with other neighbors or some drinking.
Defense: I see. Where do you live Mr. Witness?
A: In the middle of the rice fields Sir. I have a nipa hut there.
Defense: Do you live alone Mr. witness?
A: My niece lives with me your Honor.
Defense: How so?
A: Her mother, who is my sister, left her with me so I will have some company since my wife left me.
Defense: How long has she been living with you?
A: For about a year now, I think, Sir.
Defense: So she works with you in the fields?
A: Yes Sir.
Defense: If I may say so, is it correct to say that you are together from sunrise to sunset?
A: Yes, very much so Sir. From the time we wake up to the time we sleep in the evening Sir.
Defense. Thank you Mr.Witness. Now, where were you on the night of October 7, 2020?
A: I was at home Sir, with my niece.
Defense: Aside from your niece, was there anybody else with you?
A: None, Sir.
Defense: What were you doing with your niece?
A: Drinking Tanduay Sir.
Defense: What did you do afterwards?
A: We fell asleep Sir.
Defense: So Mr. Witness, what you’re saying is, on the night of October 7,2020, after working hard in the
fields, you went home, ate your supper, had drinks with your niece, then went to sleep, am I correct Mr.
Witness?
A: Very much so, Sir.
Defense: Thank you Mr. Witness. Now, do you know the private complainant in this case?
A: Not personally Sir. I know her grandfather because I work with him in the fields every once in a while.
Defense: How long have you known her?
A: She has been living with her grandfather since she was still a little girl Sir.
Defense: In all these time, have you even talked to the private complainant?
A: No Sir. I have not talked to her. Only her grandfather.
Defense: Mr. Witness, why do you think the private complainant is accusing you of this crime?
Prosecution: Objection your Honor. The question is speculative.
Judge: Sustained.
Defense: I will rephrase the question your honor. Can you think of a possible reason why private complainant is
accusing you of rape Mr. witness?
A: No Sir.
Defense: Thank you Mr. Witness. No more questions your honor.
Judge: Any cross-examination, from the prosecution?
Prosecution: With the permission of the Court, Your Honor.
Court: Proceed.

CROSS-EXAMINATION

Prosecution: Mr. witness, you mentioned earlier that, on the evening of October 07,2020, you were at home
with your niece. Is that correct?
A: Yes Sir.
Prosecution: Mr. witness, can you tell us, how far is your home to the scene of the alleged crime?
A: More or less, about 200 meters Sir.
Prosecution: I see. And, the distance of 200 meters, would you call that distance far?
A: No Sir.
Prosecution: So Mr. Witness, on that night, did you see or hear anything suspicious?
A: None Sir.
Prosecution: Is that a normal routine for you and your niece to drink Tanduay together?
Defense: Objection, your Honor. Irrelevant question.
Prosecution: Your Honor, if I may go on, the relevance of the question will later be made manifest.
Judge: Objection Overruled. Witness may answer.
A: Yes Sir. We usually drink together and talk to each other before we go to sleep.
Prosecution: So as what you’ve said Mr. Witness, after drinking Tanduay, you went to sleep afterwards?
A: Yes Sir.
P: Why is that Mr. Witness?
A: I was very drunk Sir.
P: So do you always sleep after drinking Tanduay?
A: Not always Sir.
P: What you are trying to say Mr. Witness, is that, it does not always follow that you sleep after drinking?
A: Yes Sir.

Prosecution: That is all for the cross, Your Honor.


Judge: Any re-direct?
Defense:None your honor.

SECOND WITNESS FOR THE DEFENSE

Court: Do you have any more witnesses, counsel?


Defense: Just one more, Your Honor.
Court: Call your next witness.
Defense: Our second witness Your Honor, is the niece of the accused.
Court: Swear the witness.
Court Interpreter: Do you swear to tell the truth, the whole truth and nothing but the truth in this hearing?
WITNESS: Yes, I do.
Court Interpreter: Will you please state your name, address and other personal circumstances?
WITNESS: I am Lucrecia Batumbakal, residing at San Jose De Buenavista , Antique Province ,. 25 years old,
single. I am currently helping my uncle in the rice fields.
Court Interpreter: Your witness, counsel.
Defense: Your Honor, the purpose of the testimony of this witness is to provide corroborating evidence to the
testimony of the accused Laurence David to prove that the accused, on the evening of October 7,2020, could not
have committed the crime of rape to the private complainant.
Court: Proceed.

DIRECT EXAMINATION

Defense: Ms. Witness, where were you on October 7,2020?


WITNESS: I was working in the rice fields with my uncle, Laurence David.
Defense: How long have you been working in the rice fields with your uncle?
WITNESS: About a year at that point in time.
Defense: Did you see Mr. David in the rice fields that same day?
WITNESS: Yes Sir, I was with him the whole day.
Defense: He was planting rice with you the whole day, is that correct?
Prosecution: Objection your Honor. He is leading the witness.
Judge: Sustained.
Defense: Let me rephrase the question. What was he doing?
WITNESS: We were planting palay the whole day Sir.
Defense: What time did you stop working in the fields that day?
WITNESS: Around 4:00PM, I stop working in fields that day Sir..
Defense: What did you do if any, afterwards?
WITNESS: Around 4:30 Sir, we started preparing for supper.
Defense: What did you do afterwards?
WITNESS: As a form of relaxation Sir, we were drinking Tanduay.
Defense: Was there somebody else with you?
WITNESS: Only the two of us Sir.
Defense: What time did you finish drinking?
WITNESS: I think it was around 8 or 9 in the evening ma'am.
Defense: What did you do after you finished drinking?
WITNESS: I fell asleep Sir.
Defense: So in short Ms. Witness, you were with Mr. David the whole day?
Prosecutor: Objection, Your Honor. Leading.
Judge: Sustained.
Defense: My apologies. So Mr. Witness, did you and the accused spend the whole day together?
WITNESS: Yes Sir.
Defense: You were with the accused the whole day, from the time you started working in the fields to the time
you fell asleep?
WITNESS: Yes Sir.
Defense: That is all for this witness, Your Honor.
Judge: Any cross-examination, from the prosecution?
Prosecutor: With the permission of the Court, Your Honor.
Judge: Proceed with the cross.

CROSS-EXAMINATION

Prosecutor: Ms. Witness, do you wear a watch?


WITNESS: No, I don’t.
Prosecutor: How then was it possible for you to know the time, when you were asked by the defense counsel
about the time?
WITNESS: Just an estimate Sir. I have been working in the rice fields for some time now.
Prosecutor: So you are not sure of the definite time? It’s just an estimate. Is that correct?
WITNESS: It’s just an estimate Sir but I would know the time based on experience.
Prosecutor: Mr. Witness, just answer yes or no please.
WITNESS: Yes, it’s not definite.
Prosecutor: Thank you Mr. Witness. Now, you said you drank Tanduay that night?
Defense: Objection your Honor. Irrelevant.
Prosecutor: I disagree with the counsel your Honor. The purpose of the question is to show that the senses of
the witness here may have been impaired due to the hard liquor that they were drinking that night.
Judge: Objection Overruled. I’ll allow the question. Ms. Witness, you may answer.
WITNESS: Yes Sir.
Prosecutor: So aside from the fact that you were not wearing a watch, you were also drinking hard liquor. Is
that correct?
Witness: Yes Sir.
Prosecutor: Due to these factors Ms. Witness, don’t you think you were perhaps mistaken in your answers to
the other counsel?
Defense:Objection your Honor, the question already assumes the answer.
Judge: Sustained.
Prosecutor: I’ll rephrase it your Honor. Mr. witness, do you think that perhaps it was possible that you were
mistaken in estimating the time of the events during that night?
WITNESS: (silence)
Judge: Ms. Witness, answer the question.
WITNESS: Yes.
Prosecutor: Moving on. Ms. Witness, how far is the hut you were staying in from the scene of the crime?
Defense: Objection your Honor. That is not part of the direct examination of the witness.
Judge: Objection Sustained.
Prosecutor: That is all for the cross, Your Honor.
Judge: Any re-direct?
Defense: Yes your Honor.
Judge: Proceed.

RE-DIRECT EXAMINATION

Defense: Ms. witness, how is it possible that, even without a watch, you are able to know the time?
WITNESS: Sir, I grew up around the farm. My parents were farm laborers, and as a child I helped them every
harvest time. We know how to tell the time, depending on the position of the sun during the day. Even if it’s not
the same farm that I grew up in, I can still definitely tell the time depending on the position of the sun.
Defense: Thank you Mr. Witness. Now, do you frequently drink liquor with your uncle?
WITNESS: Yes Sir.
Defense: How often do you drink liquor?
WITNESS: About twice a week Sir.
Defense: So, do you think you have built a resistance from the liquor you were frequently drinking?
Prosecution: Objection, your Honor. The question calls for an opinion of which the witness is not an expert in.
Judge: Objection Sustained.
Defense: My apologies. No more questions from the defense your Honor.
Judge: Any re-cross?
Prosecution: None Your Honor.
Defense: Those are all the witnesses for the Defense, Your Honor. May it please the Court.
Judge: Are there no more evidences to be presented by both the parties?
Prosecutor: None, Your Honor, for the prosecution.
Defense: None, Your Honor, for the defense.
Judge: Order for this case, the Prosecution and the Defense had already presented all of their respective
witnesses and that they manifested their intention to rest its case. The parties are hereby ordered to submit their
formal offer of evidence within 15 days from receipt of this order. So ordered. Are there any more cases?
Clerk of Court: None, your honor.
Judge: This Court is hereby adjourned.

(Continued to the Formal Offer of Evidence)

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