Bailiff: All Rise. Ecumenical Prayer For The Courts
Bailiff: All Rise. Ecumenical Prayer For The Courts
REGIONAL TRIAL COURT 7 TH Judicial Region Branch 7 now in session. Judge Ana Beatrice
Villegas presiding.
CONTRARY TO LAW.
Court : Do you understand the allegations of the facts?
Accused : Yes, your Honor.
Court : What is your plea?
Accused : Not guilty, your Honor.
Court : The accused pleaded not guilty.
Was there a proposal for the amicable settlement for the civil aspect of the
case?
TUBAG NI CACA
Lets proceed to pre-trial. Any stipulation from the prosecution,
Bailiff: Please raise your right hand. Do you swear to tell the
truth, the whole truth, and nothing but the truth?
For our first witness, Your honor, I would like to call on Dr. Sander Benny Tan. We
would like to offer his testimony to identify and affirm the due execution and contents of:
1. His judicial affidavit dated March 5, 2019
2. Annexes
Lawyer: Mr. Witness, do you remember executing a judicial affidavit in relation to this
case?
Witness: Yes
Lawyer: I’m handing you a Judicial affidavit, please go over it and tell us the relation of
the judicial affidavit that you just mentioned to this judicial affidavit. I would like to ask
your Honor that the Judicial affidavit be marked as Exhibit J.
Witness: It’s the same.
Lawyer: This affidavit has been signed on top the name, Dr. Sherlock Homes on page 6.
Kindly examine it and identify whose signature it is.
Witness. It’s my signature.
Me: I would like to ask your honor that the signature of Mr. Benedict Tan on page 6, be
marked as Exhibit K-1
Me: On Question 16, page 4, you made mention of Autopsy Examination Result No.
78345 and 78346 dated March 20, 2019. I am showing you Autopsy Examination Result
No. 78345 and 78346. Is this the same document you mentioned?
Witness: Yes, Atty.
Me: Your Honor, I would like to mark this examination results, already pre-marked as
Exhibit C and C-1 and copy of which was previously furnished to counsel for the
defense.
Me: Mr. Witness, you made mention that the specimen of your DNA analysis was the
gloves collected at the crime scene, correct?
Witness: Yes.
Me: Can you disclose before this honorable court how were you able to acquire the
gloves?
Witness: Atty., we follow a stringent procedure at the UP-Natural Science Research
Institute (UP-NSRI) through the chain of custody. The evidence collected by the scenes
of crime officers would be handed into an exhibits officer who would be present at the
crime scene, the exhibits officer would then log information about the evidence, such as
what it was and the submitting officer’s name and date and time it was received onto an
exhibits log sheet. The exhibits officer would then personally bring the evidence at our
office.
In the case of the gloves, I was the receiving officer on duty at the UP-NSRI. I signed the
chain of custody form with my name and date and time I received it.
Me: After you analyzed the gloves, what did you do next.
I kept the gloves sealed in a vacuum packed container, and I returned it back to the
exhibits officer of the prosecution and signed the chain of custody report.
Me: Do you affirm the due execution and contents of this affidavit that you answered the
questions truthfully?
Witness: Yes.
Me: No further questions your honor. Our witness is now ready for cross examination.
CROSS
CALL SECOND WITNESS
For our second witness, Your honor, I would like to call on Mr. Benedict Tan. We would
like to offer his testimony to identify and affirm the due execution and contents of:
1. His judicial affidavit dated March 2, 2019
2. Annexes
Lawyer: Mr. Witness, do you remember executing a judicial affidavit in relation to this
case?
Witness: Yes
Lawyer: I’m handing you a Judicial affidavit, please go over it and tell us the relation of
the judicial affidavit that you just mentioned to this judicial affidavit. I would like to ask
your Honor that the Judicial affidavit be marked as Exhibit I.
Witness: It’s the same.
Lawyer: This affidavit has been signed on top the name, Benedict Tan on page 6. Kindly
examine it and identify whose signature it is.
Witness. It’s my signature.
Me: I would like to ask your honor that the signature of Mr. Benedict Tan on page 6, be
marked as Exhibit I-1
Me: Do you affirm the due execution and contents of this affidavit that you answered the
questions truthfully?
Witness: Yes.
Me: No further questions your honor. Our witness is now ready for cross examination.
REDIRECT
1) 1. In the recent weeks, have you seen the accused visit the house of Miss Isabela
Deutsche?
Witness: Yes.
2. Based on your personal knowledge was there anything unusual? If any?
3. 3. The arguments between Isabela and Mikey are they recurring?
4. Since these arguments as you said were recurring, scan you tell us about specific
arguments. If any?
RECROSS
In the six years, have you ever seen Mikey raise a hand
on Isabela?
Judge Bea: Presentation of 1st witness for the defense. Is the defense ready?
Ina: Yes, your honor.
Interpreter: Raise you right hand. Do you swear or affirm to tell the truth and
whole truth and nothing but the truth?
Mikey: I do.
Ina: Showing to you a judicial affidavit attached to the records of the case,
please go over this and tell this honorable Court what relation this has with
the case.
M: This is the judicial affidavit I executed.
I: What time were you able to board the plane and arrive at Manila?
M: Around 12 in the morning the next day.
I: In item 24, you identified a boarding pass, how is this related to your
previous statement?
M: This is the boarding pass of my flight from Cebu to Manila.
I: Do you affirm and confirm the truthfulness and veracity of the contents of
that judicial affidavit?
M: Yes.
ROYCE Script
CALL FOR REDIRECT
Redirect Mikey Go
Question: Mr. Go, I am showing to you this police blotter as presented by the
prosecution, can you read again the report stated in the police blotter?
Question: What was the reason why Ms. Deutsch presented this document to you, if
any?
Answer: This document was shown to me in order to threaten me.
Question: What were the reasons for this death threats, if any?
Answer: Ms. Deutsch was remised in the payment of her debts.
Question: Mr. Go, showing to you the screen shots presented by the prosecution
showing that you knew Mr. Gorre, can you read the text you allegedly sent?
Answer: “PAKITA NAKO BAY”
Question: Can you explain to this court the meaning of this text message that you
allegedly sent?
Answer: I can’t.
REDIRECT
Question: Mr. Go, im showing you this document again, which was presented by the
good counsel a while ago, can you read this part?
Answer: That on Dece
Question: Mr. Go, you said that this police blotter was used by Ms. Deutsche to
threaten you give her money or else she would file a case against you, is that
correct?
Answer: Yes, atty.
Question: You claimed however during the course of the proceeding that it never
became physical, is that correct?
Answer: Yes, atty.
Question: If that were the case Mr. Go, would any rational person give in to a threat,
when in fact what is contained in such threat is not true at all? Is it because you
really physically harmed Mr. Deutsche that night?
Judge: Rephrase your line of questioning counsel and what is the relevance counsel?
Atty: What I am trying to prove here your honor is that the accused in this case have
the inclination to inflict physical harm to the victim.
Question: Yes, your honor, Mr. Go, why do you feel threatened of such police blotter
when in fact as you claimed you never physically harmed the victim during that
night?
Answer: Silence
I would like to put in record that the question was proper and that the witness
refuses to answer the same.
Question: Mr. Go, you said you can only speak and comprehend English, is that
correct?
Answer: Yes, atty.
Question: Can you lay down again your registered official phone number?
Answer: 09175267198
Question: Showing to you this document screen shots of text messages lifted from
the phone of the victim Ms. Deutsche, can you read it, Mr. Go?
Answer: Babe, moanha ko diha karon ha. Kahibaw naka, tugnaw man gud ang
panahon.