54060254 Script Law Prac 2 Parricide Feb 18

NARRATION

This case originated from the filing of complaint by the private complainant Medelita Gonzales against respondent Angelina Gonzales for Parricide before the Office of the Prosecutor of Bauang, La Union The 4th Assistant Provincial Pros. Jocelyn conducted Preliminary Investigation and she found the respondent probably guilty of Parricide which was approved by the Provincial Prosecutor of La Union and thereafter, the Information for Parricide was filed before the Court and was raffled on the RTC, Branch 33, Bauang, La Union docketed as Crim. Case No. 8032 entitled People of the Philippines versus Angelina Gonzales. There is no bail recommended.

Malaya at kusang loob na salaysay ni MEDELITA GONZALES na kinuha ni PO3 ADLAI JOSEPH CABADING dito sa loob siyasatan ng Bauang, La Union ganap na ika-8:30 ng umaga petsa 14 ng Pebrero 2010.

X-----------------------------------------------------------------------------------------------------------------X

1. T:Ano ang dahilan at ikaw ay narito sa himpilan ng Pulisya?

S:Para magsampa ng demanda laban sa taong pumatay sa aking anak na si Xian Miguel Gonzales.

02 T:Ano ang iyong pangalan, edad at iba pang impormasyon na may kinalaman sa iyong pagkakakilanlan? S:Ako si MEDELITA GONZALES, 45 taong gulang, may-asawa at nakatira sa Brgy. Dili, Bauang, La Union.

03 T:May katibayan po ba kayo na talagang patay na ang inyong anak? S:Meron po, ang kanyang death certificate.

04 T:Sino naman itong taong ayon sa iyo ay pumatay sa iyong anak? S:Si ANGELINA GONZALES, 35 taong gulang, manugang ko at nakatira sa Brgy. Dili, Bauang, La Union.

04 T:Kailan at saan naman nangyari itong sinasabi mong pagpatay sa iyong anak? S:Noong Pebrero 13, 2010 sa bahay po nila saBrgy. Dili, Bauang, La Union.

05 T:Pano po ang ginawang pagpatay sa anak niyo? S:Tinaga po siya sa leeg gamit ang panabas.

06 T:Matagal mo na bang kakilala itong si ANGELINA GONZALES? S:Matagal na po, kasi kapitbahay namin sya at asawa ng aking anak. Kilala si Angie sa pagiging selosa at matapang na babae sa Brgy. Dili, Bauang, La Union.

07 T:Maaari mo bang isalaysay sa akin ang pangyayari? S:Noong araw ng February 13, 2010, bandang alas otso y medya ng gabi, narinig po naming nag-aaway ang mag-asawa dahil sa lakas ng kanilang boses. Nagsisigawan at nag-iiyakan po ang kanilang mga anak kaya minabuti namin ng aking asawa na si Arnuld Gonzales na puntahan sila sa kanilang bahay. 08 T: Pagdating nyo sa kanilang bahay, ano ang nangyari?

S:Pagdating po nmin doon, nakita ko ang aking anak na si Xian Miguel na nakahandusay sa sahig malapit sa kanilang banyo. Naliligo na po siya ng kanyang sariling dugo. Nakita ko rin ang kanyang asawa, si Angie na hawak ang panabas na ginamit sa pagpatay sa aking anak yakap yakap sya ng kanyang mga anak na nag-iiyakan.

08T:Ano po ang ginawa nyo pagkatapos?

S:Sinaklolohan ko ang aking anak at nagsisigaw ako na humingi ng tulong sa aming kapitbahay. Nilapitan naman ng aking asawa si Angie na nakatulala na noon at kinuha sa kanya ang panabas. Isinugod namin sa ITRMC ang aking anak. Pagkalipas ng ilang saglit, dumating ang mga pulis sa kanilang bahay at dinala na si Angie sa pulisya.

09 T:Ano po ang sumunod na pangyayari? S:Pagdating sa ospital, sinabi ng doctor na tumingin sa aking anak na dead on arrival po siya dahil sa dami ng dugo na nawala sa kanya. Tinanong din po ako kung gusto naming iautopsy nila ang bangkay ng anak ko.

10 T:Pumayag po ba kayo na iautopsy ang bangkay ng anak niyo? S:Opo. Pina-autopsy nmin ang bangkay ng anak ko.

11 T:May katibayan po ba kayo na inautopsy ang bangkay? S:Opo, yung autopsy report na inissue sa amin.

12 T:Wala na akong itatanong pa, may gusto ka pa bang idagdag o baguhin sa iyong salaysay? S:Wala na po.

13 T:Handa mo bang lagdaan ang iyong salaysay bilang patunay na lahat ng iyong sinabi ay pawang katotohanan lamang?

S:Opo.

MEDELITA GONZALES

NagsalaysaySUBSCRIBED AND SWORN TO before me this 14th day of February 2010 at Bauang, La Union.

Malaya at kusang loob na salaysay ni ARNULD GONZALES na kinuha ni PO3 ADLAI JOSEPH CABADING dito sa loob siyasatan ng Bauang, La Union ganap na ika-10:15 ng umaga petsa 14 ng Pebrero 2010 sa harap ng ilang saksi.

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1. T:Ano ang dahilan at ikaw ay narito sa himpilan ng Pulisya?

S:Para magbigay ng salaysay tungkol sa ginawang pagpatay sa aking anak na si Xian Miguel Gonzales.

02 T:Ano ang iyong pangalan, edad at ibang impormasyon na may kinalaman sa iyong pagkakakilanlan? S:Ako si ARNULD GONZALES, 50 taong gulang, may-asawa, at nakatira sa Brgy. Dili, Bauang, La Union.

03 T:Sino naman itong taong ayon sa iyo ay pumatay sa iyong anak? S:Ang aking manugang na si ANGELINA GONZALES na nakatira sa Brgy. Dili, Bauang, La Union.

04 T:Kailan at saan naman nangyari itong sinasabi mong pagpatay sa iyong anak? S:Kagabi po, Pebrero 13, 2010, bandang alas otso y medya ng gabi sa kanilang bahay sa Brgy. Dili, Bauang.

05 T:Maaari mo bang isalaysay sa akin ang buong pangyayari? S:Kagabi po, Pebrero 13, 2011, narinig naming mag-asawa na nag-aaway sina Xian Miguel at Angie sa kanilang bahay. Naririnig po nmin sila dahil magkakapitbahay kami at sobrang lakas ng boses ng dalawa. Pagkatapos narinig naming nagsisigawan ang aming mga apo at nag-iiyakan. Minabuti naming puntahan sila sa kanilang bahay.

06 T:Ano po ang sumunod na pangyayari? S:Pagdating namin sa bahay nila, naliligo na sa sariling dugo ang aking anak. Sinaklolohan agad siya ng aking asawa. Nilapitan ko naman si Angie at kinuha sa kanya ang panabas. Tulala noon si Angie yakap yakap ng kanyang mga anak. Dinala si Xian Miguel sa ospital samantalang dinala ng mga remospondeng pulis si Angie sa pulisya. Hindi na po umabot ng buhay ang aking anak, dead on arrival po siya.

07 T:Wala na akong itatanong sa iyo, may gusto ka pa bang idagdag o baguhin sa iyong salaysay? S:Wala na.

08 T:Handa mo bang lagdaan ang iyong salaysay bilang patunay na lahat ng iyong sinabi ay pawang katotohanan lamang?

S:Oo.

ARNULD GONZALES

Nagsalaysay

SUBSCRIBED AND SWORN TO before me this 14th day of February 2010 at San Fernando City, La Union.

REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE

NATIONAL PROSECUTION SERVICE

OFFICE OF THE PROVINCIAL PROSECUTOR

BAUANG, LA UNION

MEDELITA GONZALES

I.S. NO. 08-169-LU-SF

Complainant,

-versus-

FOR: PARRICIDE

ANGELINA GONZALES

Respondent,X--------------------------------------XRESOLUTIONBefore this Office is a complaint against herein respondent for Parricide. The respondent, under custody, never submitted her countervailing evidence. The case was submitted for Resolution based on the evidence submitted by the complainant and her witnesses.

Complainant, the mother of the victim, recounted that she and her husband, Arnuld Gallardo heard sometime on the 13th day of February, 2010 that her son and victim, Xian Miguel Gonzales, and his wife, Angelina Gonzales had a heated argument at about 8:30 in the evening of February 13, 2010. They also heard their grandchildren crying and asking for help which prompted them to go to the house of the family. Upon arrival thereat, the spouses saw their son Xian Miguel already lying on the floor, blood oozing from his neck while the wife Angelina Gonzales was holding the scythe in local idioms tabas which she used in killing her husband

Complainant mother rushed his son to the hospital at ITRMC where he was declared dead on arrival. The wife was taken by the police authorities who responded to the incident.

Based on the evidence presented, there is reasonable ground that the crime of Parricide has been committed and that the accused is probably guilty thereof; and she should be held for trial;

WHEREFORE, premises considered, the undersigned finds probable cause against the respondent and it is hereby recommended that, upon approval of the Provincial Prosecutor, an Information for Parricide under Art. 246 of the RPC be filed against Angelina Gonzales in the Regional Trial Court of Bauang, La Union.

Bauang, La Union, March 2, 2010.

JOCELYN M. LARANANG

4th Assist. Provincial Prosecutor

Approved:

___________________DANILO C. BUMACODProvincial Prosecutor

Copy furnished: ALL PARTIES


FIRST JUDICIAL REGIONREGIONAL TRIAL COURTBRANCH ____

BAUANG, LA UNION

THE PEOPLE OF THE PHILIPPINES,

CRIMINAL CASE NO. 8032

Plaintiff,

-versus-

FOR: PARRICIDE

ANGELINA GONZALES,

Address: Brgy. Dili, Bauang,

La Union,

Accused,X-------------------------------------------X

INFORMATION

The undersigned 4th Assistant Provincial Prosecutor accuses ANGELINA GONZALES y TUDRAN of the crime of PARRICIDE under ART. 246 of the Revised Penal Code, committed as follows:

That on or about 13th day of February 2010 in the municipality of Bauang, La Union, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused did then and there wilfully, unlawfully and feloniously and with treachery kill his husband XIAN MIGUEL GONZALES with whom she was united in lawful wedlock, and being then armed with bladed instrument (scythe, in local idiom tabas), with intent to kill, hack his husband XIAN MIGUEL GONZALES and as a result of which attack the said XIAN MIGUEL GONZALES received a hacked wound on his right neck which directly caused instantaneous death.

CONTRARY TO LAW.


JOCELYN M. LARANANG


Approved:

___________________DANILO C. BUMACODProvincial Prosecutor

WITNESSES:

1. Medelita GonzalesBrgy. Dili, Bauang, La Union

2. Arnuld Gonzales

-do-

3. OTHERS

NO BAIL RECOMMENDEDCERTIFICATION

I HEREBY CERTIFY THAT the requisite preliminary investigation was conducted pursuant to law; and that on the basis of the Affidavit Complaint of complainant and witnesses there is reasonable ground that the crime of Parricide under Art. 246 of the RPC has been committed and that the accused is probably guilty thereof; and he should be held for trial; that respondent was afforded due process of law.

JOCELYN M. LARANANG


SUBSCRIBED AND SWORN TO before me this 4th day of March 2010 at Bauang, La Union.


FIRST JUDICIAL REGIONREGIONAL TRIAL COURTBRANCH 33

BAUANG, LA UNION



Plaintiff,

-versus-

FOR: PARRICIDE

ANGELINA GONZALES,

Address: Brgy. Dile, Bauang,

La Union,

Accused,X-------------------------------------------XNOTICE OF HEARINGTO:ANGELINA GONZALES = Provincial Jail, City of San Fernando, La Union

MEDELITA GONZALES = Brgy. Dili, Bauang, La Union

PROS. JOCELYN M. LARANANG = Prosecutors Office, Bauang, La Union

ATTY. DIANA DULAY = San Fernando City, La Union

GREETINGS:

Notice is hereby given that the above-entitled case has been set for ARRAIGNMENT on March 8, 2010 at 8:30 oclock in the morning before this Court.

WITNESS the Honorable Lovella May Huliganga, Judge of this Court, this 5th day of March 2010, Bauang, La Union.

VICTORIA ORDOO

Branch Clerk of Court

SETTING 1: ARRAIGNMENT

March 8, 2010COC:All rise.............

The Court is now in session, silence is hereby enjoined, Hon. Lovella May Huliganga, Presiding.

PRAYER: 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 be effective channels of truth, justice and peace. In our proceedings today, guide us in the path of righteousness for the fulfilment of Your greater glory. Amen

COURTCall the cases.

COC

Crim. Case No. 8032

People of the Philippines versus Angelina Gonzales

For Parricide under Art. 246 of the RPC for ARRAIGNMENT

COURTAppearances?

PROS. LARANANGFor the Government, Your Honor, ready.

ATTY. DULAYFor the defense, ready Your Honor.

COURTIs the accused present? Ready for arraignment?

ATTY. DULAYYes, Your Honor, ready

COURTOkay, arraign the accused

SHERIFF(Assist the Accused)

COCWhat language/dialect do you understand?

ACCUSEDEnglish

COCPlease raise your right hand. Read the Information.

After reading, ask accused if he understood and then ask his plea.

ACCUSEDNot guilty

COCYour Honor, after having arraigned, the Accused pleaded NOT GUILTY to the crime charged.

COURTOrder:

Upon arraignment, the accused was assisted by Atty. Diana Dulay entered a plea Not Guilty. Set the Preliminary Conference to March 16, 2010 at 9:00 oclock in the morning.

So Ordered.

SETTING 2REPUBLIC OF THE PHILIPPINES

FIRST JUDICIAL REGIONREGIONAL TRIAL COURTBRANCH 33

BAUANG, LA UNION



Plaintiff,

-versus-

FOR: PARRICIDE under ART. 246, RPC

ANGELINA GONZALES

Address: Brgy. Dili, Bauang,

La Union,

Accused,X-----------------------------------------------X

PRELIMINARY CONFERENCE

March 16, 2010

For the PROSECUTION:

For the DEFENSE:

Medelita Gonzales and

Angelina Gonzales y Tudran

The People

Assisted by:

Assisted by:

Pros. Jocelyn M. Laranang

Atty. Diana Dulay

COC:Good morning Fiscal Laranang and Atty. Dulay. Are we ready for the preliminary conference?

PROS. LARANANGYes, we are ready.

ATTY. DULAYReady, Maam.

COCWhat is your documentary evidence, Fiscal?

PROS. LARANANGThe prosecution would like to present as documentary and object evidence the following:

1. Exhibit A and A-1- the sworn statement of the complainant Medelita Gonzales consisting of two pages;

2. Exh. A-2- the signature of Medelita Gonzales

3. Exh. B- the sworn statement of Arnuld Gonzales

4. Exh. B-1- signature of Arnuld Gonzales

5. Exh. C- the Autopsy Report dated February 13, 2010

6. Exh. D- the contract of marriage between Xian Miguel Gonzales and Angelina Gonzales;

7. Exh.E- the Death Certificate of Xian Miguel Gonzales

8. Exh. F- scythe(tabas)(object evidence)

COCAny objection Atty. Dulay?

ATTY. DULAYAs to the purpose of markings only, maam.

COCHow about the defense?

ATTY. DULAYFor the accused, we would like to present the following documentary evidence as follows:

(c/o Atty. Dulay)

COCAny comment Fiscal Laranang?

PROS. LARANANGFor the purpose only of markings, Maam.

COCOkay. How about your witnesses?

PROS. LARANANGAs to our witnesses, we have the victims mother, Medelita Gonzales, his father, Arnuld Gonzales, Dra. Monette Balderas , Jean Marie Kesip, victims sister and William Atiwag, victims bestfriend.

ATTY. DULAYFor the defense, we would like to present accused Angelina Gonzales, the accuseds sister Athena Pimentel and their victims son, Alex Bandolin.

COCIs there possibility of settlement, counsels?

PROS. LARANANGVery remote.

ATTY. DULAYNot possible

COCStipulation of facts?

PROS. LARANANGThe jurisdiction of the Court is admitted

The victim and the accused are legally married with three legitimate children is admitted

The victim has a paramour is disputed.

The accused is a battered woman is disputed.

ATTY. DULAYThe victim died due to hacking is not admitted

Identity of the accused is admitted.

The weapon used is a scythe ( tabas) is not admitted.

COCAny more or other matters?

ATTY. DULAYAs for now, we have no more things to discuss.

PROS. LARANANGSame here, we reserved to have additional witnesses and evidence during the pre-trial conference, if there is any.

COCOkay counsels, when will be the pre-trial conference?

PROS. LARANANGMarch 25, 2010

ATTY. DULAYOkay, I am also available on that date.

COCOkay. March 25, 2010 is the pre-trial conference. Thank you, counsels. Have a good day.

SETTING NO.3 PRE-TRIAL CONFERENCE

March 25, 2010COC:All rise.............

The Court is now in session, silence is hereby enjoined, Hon. Lovella May Huliganga, Presiding.

PRAYER

COURTCall the cases

COC

Crim. Case No. 8032


For Parricide under Art. 246 of the RPC for PRETRIAL CONFERENCE

COURTAppearances

PROS. LARANANGFor the Government, Your Honor, ready.

ATTY.DULAYFor the defense, ready Your Honor.

PROS. LARANANGYour Honor, may we pray that the Minutes of the Preliminary Conference be adopted as part of this Pre-Trial Conference?

COURTAny objection, counsel?

ATTY.DULAYNo objection Your Honor. We conformed with the manifestation of the Prosecutor, Your Honor.

COURTOrder, in todays Pre-Trial Conference, both the prosecution and the defense agreed to adopt the minutes taken during the preliminary conference on March 16, 2010.Set this case for trial on April 1, 8, 15, 22 and 29, 2010. SO ORDERED.

SETTING 41ST WITNESS FOR THE PROSECUTION

MEDELITA GONZALES

April 1, 2010Direct examination of Medelita Gonzales

COC:All rise.............

PRAYER

COURTCall the cases

COC

Crim. Case No. 8032


For Parricide under Art. 246 of the RPC for the presentation of evidence by the Prosecution.

COURTAppearances?

PROS. LARANANGFor the government, Your Honor, we are ready to present our witness, MEDELITA GONZALES.


COCOn the witness stand.

INTERPRETER(Swear in the witness )Raise your right hand. Do you swear to tell the truth the whole truth and nothing but the truth?

MEDELITAYes, Maam.

INTERPRETERPlease state your name, age and other personal circumstances.

MEDELITAMEDELITA GONZALES, 45 years old, married and a resident of Brgy. Dili, Bauang, La Union.

INTERPRETERYour witness, Fiscal.

PROS. LARANANGWe are offering the testimony of this witness Your Honor to prove the material allegation in the criminal information; to identify the perpetrator who causes the untimely death of his son Xian Miguel Gonzales and likewise to identify some documents and to testify on other matters relative thereto, Your Honor.

COURTAny comment to the offer?

ATTY. DULAYNo comment, Your Honor.

COURTYou may proceed.

PROS. LARANANGAre you the same MEDELITA GONZALES, the private complainant in this case against one Angelina Gonzales?

MEDELITAYes, Maam.

PROS. LARANANGMadam witness, do you know a person by the name of Xian Miguel Gonzales?

MEDELITAYes, Maam

PROS. LARANANGWhy do you know this person, Madam witness?

MEDELITAHe is my son, maam.

PROS. LARANANGYou said that he is your son, may we know where he is now?

MEDELITAHe is already dead, Maam.

PROS. LARANANGAnd when was that?

MEDELITAFebruary 13, 2010 Maam.

PROS. LARANANGIs there proof that he is really dead?

MEDELITAYes, maam, his death certificate.

PROS. LARANANGI am showing you this Death Certificate issued by the Civil Registrar of Bauang, La Union indicating the name of deceased Xian Miguel Gonzales, time of death 11 oclock in the evening of February 13, 2010, is this the certificate youre referring to?

MEDELITAYes, Maam this is my sons death certificate.

PROS. LARANANGMay we pray Your Honor that this Death Certificate be marked as Exh. E as previously marked during the preliminary conference. We are adopting the same marking Your Honor.

COURTMark it.

PROS. LARANANGWhat is the reason or cause of death of your son, if you know?

MEDELITAHe was hacked, Maam.

PROS. LARANANGAnd who hacked him?

MEDELITAAngelina Gonzales, Maam. (point Angelina Gonzales)

INTERPRETERThe witness is pointing to a person wearing orange t-shirt, Your Honor, when her name was asked; he answered ANGELINA GONZALES, Your Honor.

PROS. LARANANGAre you sure that Angelina Gonzales, the accused in this case, who hacked your son?

MEDELITAYes, Maam.

PROS. LARANANGHow long do you know the accused, madam witness?

MEDELITAFor a long time Maam. She is my neighbor in Brgy. Dili, Bauang, La Union and my daughter-in-law.

PROS. LARANANGYou said that she is your daughter-in-law, to whom is she married?

MEDELITATo my son Xian Miguel Gonzales, Maam.

PROS. LARANANGDo you have any proof that they are legally married?

MEDELITAYes, Maam. Their married certificate.

PROS. LARANANGShowing to you this marriage certificate, is this the one you are referring to?

MEDELITAYes, maam.

PROS. LARANANGYour Honor, this marriage certificate was previously marked during the preliminary conference as Exh. D may we pray that the same marking be adopted Your Honor.

COURTMark it.

PROS. LARANANGYou said you knew the accused for a long time, what are your observations towards her, if there is any, madam witness?

MEDELITAI observed that Angelina is a very jealous woman and she easily loss her temper.

PROS. LARANANGHow can you say that, Madam witness?

MEDELITAEvery time Xian Miguel comes home late in the evening, she always nagged him and keep on saying that he went out with another girl.

PROS. LARANANGWhat does Xian Miguel do, if theres any?

MEDELITAXian Miguel is not talking, Maam. He just let Angelina Gonzales keeps on talking.

PROS. LARANANGWhat else do you observed with Angelina?

MEDELITAOne time in the morning, I saw Angelina whipping my youngest grandchild because she got jealous when she saw Xian Miguel talking to a lady whom I came to know as Xian Miguels workmate.

PROS. LARANANGYou said a while ago that the incident happened on February 13, 2010, what is the time when you said that your son was hacked madam witness?

MEDELITA8:30 in the evening Maam.

PROS. LARANANGAnd where in particular did the incident took place?

MEDELITAAt their house in Brgy. Dili, Maam.

PROS. LARANANGWhat time is that again?

MEDELITA8:30 in the evening Maam.

PROS. LARANANGHow far is your house from their house?

MEDELITAOur house is just 20 steps away at the back of their house, Maam.

PROS. LARANANGDuring that night of February 13, 2010, do you observed any unusual incident that happened?

MEDELITAWe heard that my son and the accused were fighting or having a heated argument.

PROS. LARANANGWhat did you do, if any?

MEDELITAWe went there together with my husband to pacify the two.

PROS. LARANANGAre you able to arrive at their house?

MEDELITAYes, Maam.

PROS. LARANANGUpon arriving thereat, what happened?

MEDELITAWe saw that my son was already lying on the floor near their bathroom Maam with blood oozing from his right neck.

PROS. LARANANGWhat else did you see, if any?

MEDELITAThe accused is holding the scythe tabas which she used in killing my son Maam with fresh blood on it.

PROS. LARANANGIf that scythe will be shown to you, will you be able to identify it?

MEDELITAYes maam.

PROS. LARANANGI am showing you this scythe, is this the instrument you are referring to?

MEDELITAYes, Maam. This is the one.

PROS. LARANANGMay we pray Your Honor that this object evidence be marked as Exh. F as previously marked during the preliminary conference.

COURTMark it.

PROS. LARANANGAfter you saw the incident, what transpired next?

MEDELITAI run to my sons body and asked help from our neigbors. My husband gets hold of the accused and the scythe.

PROS. LARANANGWhat else happened madam witness?

MEDELITAWe rushed my son to the ITRMC but unfortunately, he was declared dead on arrival. The accused was taken by the police authorities who responded to the incident.

PROS. LARANANGWhat else did you do, if theres any?

MEDELITAThe doctor asked me if we wanted to conduct autopsy on the cadaver of my son, maam.

PROS. LARANANGDid you allow them to conduct autopsy?

MEDELITAYes maam. The doctor conducted the autopsy.

PROS. LARANANGAfter conducting the autopsy, what happened next?

MEDELITAThe doctor issued us a certificate maam.

PROS. LARANANGIf that certificate be shown to you, will you be able to recognize it?

MEDELITAYes, Maam.

PROS. LARANANGShowing to you this Autopsy report dated February 15, 2010, is this same certification you are saying?

MEDELITAYes, maam, this is the certification.

PROS. LARANANGYour Honor, this certification was previously marked as Exh. C during the preliminary conference, may we adopt the same marking Your Honor.

COURTMark it.

PROS. LARANANGMadam witness, in relation to this case, do you remember having executed or give your statement to any authority regarding this matter?

MEDELITAYes, maam

PROS. LARANANGIn what particular agency?

MEDELITAPNP, Bauang Maam.

PROS. LARANANGIf that statement of yours previously given to the PNP Bauang will be shown to you again, will you be able to identify the same?

MEDELITAYes, Maam.

PROS. LARANANGMadam witness, I have with me a Sworn Statement of Medelita Gonzales allegedly taken or given to the PNP Bauang dated February 14, 2010, kindly go over this document if this is the same document you are referring to?

MEDELITAThis is the document maam.

PROS. LARANANGOn the second page, there is a signature over the name Medelita Gonzales, whose signature is this?

MEDELITAMy signature maam.

PROS. LARANANGFor purposes of identification, may I pray that the sworn statement of the witness consisting of two (2) pages be marked as Exh. A and A-1 and the signature as Exh A-2 Your Honor.

COURTMark them accordingly.

PROS. LARANANGBecause of the death of your son, what did you feel?

MEDELITAI felt bad, sir.

PROS. LARANANGDuring that time, is your son still supporting you?

MEDELITAYes, Maam because he is the one who have work. And we want that justice will be served to him.

PROS. LARANANGThat would be all, Your Honor.

COURT.Cross?

ATTY.DULAYJust a few questions Your Honor

CROSS-EXAMINATION BY ATTY. DIANA DULAY

ATTY.DULAY

MEDELITA

PROS. LARANANGRe-direct( if there is any)

ATTY.DULAYRe-cross(if there is any)

COURTThank you. You are now excused.

O R D E R

After the testimony of the private complainant, set the next hearing to April 8, 2010 at 9 oclock in the morning as previously scheduled.

The next witness is Arnuld Gonzales who is notified in open court.

SO ORDERED.

SETTING 52ND WITNESS FOR THE PROSECUTION

ARNULD GONZALES

April 8, 2010

Direct examination of Arnuld Gonzales


PRAYER

COURTCall the cases

COC

Crim. Case No. 8032



COURTAppearances?

PROS. LARANANGFor the government, Your Honor, we are ready.

ATTY. OCTAVIANOAppearing for the government as private prosecutor, under the direct supervision and control of the Public Prosecutor, we are ready Your Honor.




ARNULDYes, Maam.


ARNULDARNULD GONZALES, 50 years old, married and a resident of Brgy. Dili, Bauang, La Union.

INTERPRETERYour witness, Atty.

ATTY. OCTAVIANOWe are offering the testimony of this witness Your Honor to corroborate the testimony of Medelita Gonzales about the material allegation in the criminal information and to identify some documents and to testify on other matters relative thereto, Your Honor.


ATTY. DULAYNo comment, Your Honor.


ATTY. OCTAVIANOMr. Witness, do you know a person Xian Miguel Gonzales?

ARNULDYes, Maam.

ATTY. OCTAVIANOWhy do you know this person, Mr. witness?

ARNULDHe is my son, maam.

ATTY. OCTAVIANOYou said that he is your son; may we know where he is now?

ARNULDHe is already dead, Maam.

ATTY. OCTAVIANOAnd when was that?

ARNULDFebruary 13, 2010 Maam.

ATTY. OCTAVIANOWhat is the reason or cause of death of your son, if you know?

ARNULDHe was hacked, Maam.

ATTY. OCTAVIANOAnd who hacked him?

ARNULDAngelina Gonzales, Maam.

ATTY. OCTAVIANODuring that night of February 13, 2010, do you observed any unusual incident that happened?

ARNULDWe heard that my son and the accused were fighting or having a heated argument.

ATTY. OCTAVIANOWhat did you do, if any?

ARNULDWe went there together with my wife to pacify the two.

ATTY. OCTAVIANOUpon arriving thereat, what happened?

ARNULDWe saw that my son was already lying on the floor near their bathroom Maam with blood oozing from his right neck.

ATTY. OCTAVIANOWhat else did you do, if any?

ARNULDThe accused is holding the scythe tabas which she used in killing my son Maam with fresh blood on it.

ATTY. OCTAVIANOAfter you saw the incident, what transpired next?

ARNULDI got hold of the accused and the scythe Maam.

ATTY. OCTAVIANOWhat happened next, Mr. witness?

ARNULDWe rushed my son to the ITRMC but unfortunately, he was declared dead on arrival. The accused was taken by the police authorities who responded to the incident.

ATTY. OCTAVIANOMr. witness, in relation to this case, do you remember having executed or give your statement to any authority regarding this matter?

ARNULDYes, maam

ATTY. OCTAVIANOIn what particular agency?

ARNULDPNP, Bauang Maam.

ATTY. OCTAVIANOIf that statement of yours previously given to the PNP Bauang will be shown to you again, will you be able to identify the same?

ARNULDYes, Maam.

ATTY. OCTAVIANOMadam witness, I have with me a Sworn Statement of Arnuld Gonzales allegedly taken or given to the PNP Bauang dated February 14, 2010, kindly go over this document if this is the same document you are referring to?

ARNULDThis is the document maam.

ATTY. OCTAVIANOOn the second page, there is a signature over the name Arnuld Gonzales, whose signature is this?

ARNULDMy signature maam.

ATTY. OCTAVIANOMay I pray that the sworn statement of the witness consisting of two (2) pages be marked as Exh. B and B-1 and the signature as Exh B-2 Your Honor.

COURTMark them accordingly.

ATTY. OCTAVIANOThat would be all, Your Honor.

COURT.Cross?

ATTY.DULAYJust a few questions, Your Honor

CROSS-EXAMINATION BY ATTY. DIANA DULAY

ATTY.DULAY

ARNULD

ATTY. OCTAVIANORe-direct( if there is any)



O R D E R

After the testimony of the witness Arnuld Gonzales, set the next hearing to April 15, 2010 at 9 oclock in the morning as previously scheduled.

The next witness is Jean Marie Gonzales who is notified in open court.

SO ORDERED.

SETTING 6

3RD WITNESS FOR THE PROSECUTION

JEAN MARIE GONZALES

April 15, 2010

Direct examination of Jean Marie Gonzales


PRAYER

COURTCall the cases

COC

Crim. Case No. 8032






INTERPRETERTo the witness stand. State your name and other personal circumstances

JEANI am Jean Marie L. Gonzales, 40 years old and a resident of Brgy. Dili, Bauang, La Union.


PROS. LARANANGWe are offering the testimony of this witness Your Honor to corroborate the testimony of Medelita Gonzales about the material allegation in the criminal information and to testify regarding the characteristics/behaviour of the accused and to testify on other matters relative thereto, Your Honor. May I proceed, Your Honor?

COURTProceed.

PROS. LARANANGDo you know a person by the name Xian Miguel Gonzales?

JEANYes,

PROS. LARANANGWhy do you know him?

JEANBecause he is my brother

PROS. LARANANGWhere is he now?

JEANHe is already dead

PROS. LARANANGWhen did he die?

JEANFebruary 13, 2010

PROS. LARANANGWhat is the cause of death, if you know?

JEANHe was hacked to death by Angelina Gonzales

PROS. LARANANGWho is this Angelina Gonzales?

JEANThe wife of my brother

PROS. LARANANGFor how long do you know this Angelina Gonzales?

JEANLong time ago Maam because we are neighbours and she is my sister-in-law.

PROS. LARANANGBeing your sister-in-law, how do you describe her?

JEANA very jealous woman and self-conceited. She wanted that my brother will be under saya and everything she wants will be given to her.

INTERPRETERInterpret the word under the saya

PROS. LARANANGHow do you know that it was Angelina Gonzales who stabbed your brother?

JEANBecause I witnessed what she did to my brother

PROS. LARANANGWhen was that madam witness?

JEANFebruary 13, 2010 at around 8:30 in the evening.

PROS. LARANANGAnyway madam witness, where do you reside?

JEANBrgy. Dili, Bauang, La Union.

PROS. LARANANGSo you live with the same barangay with this Angelina Gonzales?

JEANYes maam

PROS. LARANANGHow far is your house from the house of Angelina Gonzales?

JEANVery near maam because my house is located just beside their house

PROS. LARANANGNow, you mentioned a while ago that you witnessed that Angelina hacked your brother, is it not?

JEANYes maam

PROS. LARANANGWhy madam witness, where were you at that time?

JEANI was outside their house and the window of their house is still open thats why I was able to see them.

PROS. LARANANGWhy are you there?

JEANBecause I went to their house when I heard that my brother and Angelina were quarrelling in order to pacify them.

PROS. LARANANGDo you know the reason why are they quarrelling

JEANBecause Angelina confronted my brother regarding text messages which she read from my brothers cellphone

PROS. LARANANGHow did Angelina killed your brother?

JEANBy the use of a tabas scythe.

PROS. LARANANGIn what part of the body did Angelina hacked your brother?

JEANAt the right part of his neck

PROS. LARANANGDo you know what is your brother doing at that time?

JEANHe just came out from the bathroom where he took a bath that is the time Angelina Gonzales hacked him from the back.

PROS. LARANANGWhat did you do, if any?

JEANI immediately went inside their house and that our parents also came over to their house.

PROS. LARANANGWhat else transpired, if theres any?

JEANWe rushed my brother to the hospital but he was declared dead on arrival.


COURTCross?

ATTY. DULAYYes, Your Honor, may I proceed?

COURTProceed.

CROSS-EXAMINATION BY ATTY. DULAY

PROS. LARANANGRe-direct( if there is any)



O R D E R

After the testimony of the witness Jean Marie Gonzales, set the next hearing to April 22, 2010 at 9 oclock in the morning as previously scheduled.

The next witness is William Atiwag who is notified in open court.

SO ORDERED.

SETTING 74TH WITNESS FOR THE PROSECUTION

WILLIAM ATIWAG

April 22, 2010Direct examination of William Atiwag


PRAYER

COURTCall the cases

COC

Crim. Case No. 8032







WILLIAMI am William Atiwag, 40 years old and a resident of Brgy. Dili, Bauang, La Union.


ATTY. OCTAVIANOWe are offering the testimony of this witness Your Honor to testify that he is a workmate and best friend of the accused and to testify on other matters relative thereto. May I proceed, Your Honor?

COURTProceed.

ATTY. OCTAVIANODo you know a person by the name Xian Miguel Gonzales?

WILLIAMYes,

ATTY. OCTAVIANOWhy do you know him?

WILLIAMBecause he is my workmate and my best friend.

ATTY. OCTAVIANOWhere is he now?

WILLIAMHe is already dead.

ATTY. OCTAVIANOWhen did he die?

WILLIAMFebruary 13, 2010

ATTY. OCTAVIANOWhat is the cause of death, if you know?

WILLIAMHe was hacked by Angelina Gonzales

ATTY. OCTAVIANOWho is this Angelina Gonzales?

WILLIAMThe wife of my best friend Xian Miguel

ATTY. OCTAVIANOFor how long do you know this Angelina Gonzales?

WILLIAMLong time ago, Maam because I used to visit them in their house especially if there are special occasions being also the ninong(godfather) of their youngest child.

ATTY. OCTAVIANOHow do you describe Angelina Gonzales?

WILLIAMA very jealous woman. Every time I went to their house, she was always asking if Xian Miguel is having an affair with our female workmates or to some other girls.

ATTY. OCTAVIANOWhat is you response to her queries, if theres any?

WILLIAMI said Xian Miguel is a good man and head of the family. He always looks toward the welfare of the family.

ATTY. OCTAVIANOHow did she react on that?

WILLIAMShe does not believe it Maam. She said that his husband is having an affair with another woman. And she also said that he will kill them if she was able to prove that indeed Xian Miguel is keeping a mistress.

ATTY. OCTAVIANODo you confide this matter to Xian Miguel?

WILLIAMYes, Maam.

ATTY. OCTAVIANOWhat did Xian Miguel said, if theres any?

WILLIAMHe confided to me maam that he was already losing her love and respect to her wife because of her constant nagging and unreasonable jealousy. Nasasakal na ako pare, ayoko na.

INTERPRETERInterpret Nasasakal na ako pare, ayoko na.

ATTY. OCTAVIANOWhat did you say if theres any?

WILLIAMI advice him to widen his understanding for the sake of their three children.

ATTY. OCTAVIANODid he heed to your advice.

WILLIAMYes, Maam. She said, sige pare tiisin ko na lang si Angelina, kawawa naman ang mga bata. Mahal na mahal ko sila.

INTERPRETERInterpret sige pare tiisin ko na lang si Angelina, kawawa naman ang mga bata. Mahal na mahal ko sila..

ATTY. OCTAVIANOAfter that, what happened next?

WILLIAMWe went home already Maam.

ATTY. OCTAVIANOThat would be all, Your Honor

COURTCross?

ATTY. DULAYYes, Your Honor, may I proceed?

COURTProceed.

CROSS-EXAMINATION BY ATTY. DULAY

ATTY. OCTAVIANORe-direct( if there is any)



O R D E R

After the testimony of the witness William Atiwag, set the next hearing to April 29, 2010 at 9 oclock in the morning as previously scheduled.

The last witness of the prosecution is Dr. Monette Balderas. Send subpoena to Dr. Balderas of the ITRMC to appear before this Court on the scheduled hearing.SO ORDERED.

SETTING 85TH WITNESS FOR THE PROSECUTION

DR. MONETTE BALDERAS

April 29, 2010Direct examination of Dr. Monette Balderas


PRAYER

COURTCall the cases

COC

Crim. Case No. 8032







DR. BALDERASI am Dr. Monette Balderas, 33 years old, single, a resident of City of San Fernando, La Union and am presently the Medico-legal officer of the NBI-La Union.


PROS. LARANANGYour Honor, the purpose of this witness is he will identify the death certificate, the autopsy report, the certificate of post mortem examination, Your Honor. He will testify on the cause of death as well as the wounds and injuries of the victim, Your Honor, and to his qualification, Your Honor.

ATTY. DULAYWe will admit the qualification of the doctor, Your Honor.

PROS. LARANANGSo he will directly testify on the cause of death and injuries, Your Honor. May I proceed, Your Honor.

COURTProceed

PROS. LARANANGDoctor, you were subpoenaed to come and testify on the post mortem findings and the cause of death of Xian Miguel Gonzales, did you bring the records with regards to the death of Xian Miguel Gonzales?

DR. BALDERASYes, Maam.

PROS. LARANANGDo you have it with you now, Doctor?

DR. BALDERASYes Maam. (witness handing to counsel the original of post mortem examination already marked as Exhibit C and the certificate of post mortem examination as Exhibit C-1.

PROS. LARANANGDoctor, in the post mortem findings it is written here pallor, generalized, what does this mean, Doctor?

DR. BALDERASPallor refers to the color of the skin and it is described and generalized. Meaning the whole body appears to be pale, maam.

PROS. LARANANGHow many injuries did you find in the body of Xian Miguel, Doctor?

DR. BALDERASThere were actually two (2) physical injuries, Maam.

PROS. LARANANGWhat parts of his body, Doctor?

DR. BALDERASThere was a hematoma particularly on the right side of the head,

PROS. LARANANGParticularly, what part of the head, Doctor?

DR. BALDERASThe area parietal, ---- (witness pointing to the upper right portion of his head)

PROS. LARANANGAnd the second injury, Doctor?

DR. BALDERASThere was also a lacerated wound at his neck.

PROS. LARANANGWhat is the trajectory of that wound, Doctor?

DR. BALDERASThe stab was directed backward, downward and medically in this manner _____ (witness demonstrating with his hand coming upward going downward towards the direction of the right neck).

PROS. LARANANGWhat is the depth of that injury, Doctor?

DR. BALDERASThe approximate deep is 6.0 cms.

PROS. LARANANGFrom the outside skin?

DR. BALDERASYes, Maam.

PROS. LARANANGHow forceful or what could have been the possible force, Doctor?

DR. BALDERASIt was forceful enough to penetrate the thorasic and pericardial cavities and caused the penetrating injury to the throat, maam

PROS. LARANANGWhat could have been the possible positions of the assailant, as well as the victim, with that kind of injury, Doctor?

DR. BALDERASIt is highly possible that they the assailant is at the back of the victim, Maam.

PROS. LARANANGStanding or sitting down, Doctor?

DR. BALDERASThey could be standing but the thing is the trajection was directed downward so the assailant could have lifted her arm in stabbing the victim,

PROS. LARANANGGoing now to the injury on the head, Doctor, what could have been the possible cause or causes of this kind of injury, Doctor?

DR. BALDERASThe hematoma or lacerated wound could have been caused by blunt or hard object,

PROS. LARANANGI am showing to you a tabas marked as Exhibit F for prosecution, Doctor, that when the victim was hit by this tabas that injuries were caused?

DR. BALDERASYes Maam. The tabas being a hard object it could qualify as something which may have caused the hematoma in the lacerated wound.

PROS. LARANANGDoctor, I am going back to the fatal injury that was on the right neck, after sustaining that injury could there be an instantaneous death of the victim?

DR. BALDERASIt could be a few minutes before he dies so I would say that it was instantaneous, Maam


COURTCross?

ATTY. DULAYYes, Your Honor

COURTProceed.

CROSS EXAMINATION BY ATTY. DULAY

ATTY. DULAY

PROS. LARANANGRedirect (if theres any)

ATTY. DULAYRe-cross(if there is any)

PROS. LARANANGYour Honor, I have no more witness to present. I would like to make now our formal offer of evidence.

COURTOkay. Proceed.

PROS. LARANANGYour Honor, I respectfully offer our evidence as follows:

1. Exhibit A and A-1- the sworn statement of the complainant Medelita Gonzales consisting of two pages and its purpose to prove the material allegation in the criminal complaint;

2. Exh. A-2- the signature of Medelita Gonzales

3. Exh. B- the sworn statement of Arnuld Gonzales and its purpose to corroborate the allegations of the witness Medelita Gonzales

4. Exh. B-1- signature of Arnuld Gonzales

5. Exh. C and C-1- the Autopsy Report dated February 13, 2010. As part of the testimony of Dr. Balderas, to prove the cause of death of Xian Miguel Gonzales and the fatality of the wounds inflicted on him (Xian Miguel) which causes his instantaneous death.6. Exh. D- the contract of marriage between Xian Miguel Gonzales and Angelina Gonzales to prove that they are legally married;

7. Exh.E- the Death Certificate of Xian Miguel Gonzales to prove the death of the victim as part of the testimony of Medelita Gonzales that her son died and the cause of death was due to the stab wound on his right neck inflicted by the accused.

8. Exh. F- scythe(tabas)(object evidence) to prove that this is the instrument used in the killing of the victim. As part of the testimony of Medelita Gonzales, to prove that the accused had the intent to kill Xian Miguel.

With all the foregoing documentary exhibits in addition to the oral testimonies of Medelita Gonzales, Arnuld Gonzales, Dr. Balderas, William Atiwag and Jean Marie Gonzales, the prosecution hereby respectfully rest their case.

Respectfully submitted.

COURTAny objection Atty. Dulay?

ATTY. DULAYNo objection, Your Honor. But I will be submitting our Motion with Leave of Court to File Demurrer to Evidence, Your Honor.

PROS. LARANANGWe vehemently object to that, Your Honor. The prosecution was able to discharge its burden of proof that the accused is guilty beyond reasonable doubt. It is the turn of the defense to overturn the evidence that has been presented, Your Honor.

COURTOkay. The Motion to File Demurrer to Evidence is hereby Denied. It is now the turn of the defense to present their own evidence.

ORDER:

Atty. Jocelyn M. Laranang manifested that she has no more witness to present. She offered in evidence Exhibits A to F and sub-markings. All exhibits are admitted without objection on the part of the defense.

Atty. Dulay manifested to file their Motion to File Demurrer to Evidence, but the same is Denied for lack of merit. Set the presentation of evidence by the defense on the next hearing which is set on May 6, 2010 at 9 oclock in the morning.SO ORDERED.

SETTING 91st WITNESS FOR THE DEFENSE

ANGELINA GONZALES

May 6, 2010


PRAYER

COURTCall the cases

COC

Crim. Case No. 8032


For Parricide under Art. 246 of the RPC for the presentation of evidence by the Defense

COURTAppearances?


ATTY. OCTAVIANOFor the government under the supervision and control of the Public Prosecutor, ready, Your Honor.

ATTY. DULAYFor the defense, ready Your Honor. May we call to the witness stand Angelina Gonzales.



ANGIEYes, Maam.


ANGIEANGELINA GONZALES, 35 years old, married and a resident of Brgy. Dili, Bauang, La Union.

INTERPRETERYour witness, Atty.Dulay

ATTY. DULAYWe are offering the testimony of the witness to refute all the charges or allegations of the private complainant as well as to testify and prove that she is a good mother and a battered wife.


PROS. LARANANGNo comment, Your Honor.


ATTY. DULAYMadam witness, what is your legal status right now?

ANGIEWidow Maam.

ATTY. DULAYBut are you married before?

ANGIEYes, maam.

ATTY. DULAYTo whom?

ANGIEXian Miguel Gonzales, maam.

ATTY. DULAYWhere is he now, madam witness?

ANGIEHe is already dead, Maam.

ATTY. DULAYDo you know that the killing of your husband has been charged against you?

ANGIEYes, Maam.

ATTY. DULAYDo you admit that you killed him?

ANGIENo Maam, I just defended myself from him.

ATTY. DULAYHow long have you been married with Xian Miguel Gonzales?

ANGIEFor almost 10 years already Maam.

ATTY. DULAYHow many children do you have, if any?

ANGIEWe have three children Maam.

ATTY. DULAYAre you a full-time mother?

ANGIEYes Maam

ATTY. DULAYDo you have any income-generating activities to augment the family income?/What work do you do?

ANGIEIm a plain housewife maam. I look after our children and take care of them and household management.

ATTY. DULAYHave you ever cheated on your husband?

ANGIENo

ATTY. DULAYDo you obey commands or requests from your husband?

ANGIEYes

ATTY. DULAYHow often?

ANGIEMost of the time

ATTY. DULAYHave you been spending more than the needed expenditures in the household?

ANGIENo

ATTY. DULAYDo you give time for yourself so that you shall stay charming and beautiful?

ANGIEYes

ATTY. DULAYAre there changes in the relationship as husband and wife?

ANGIEYes

ATTY. DULAYWhat are the changes in the relationship if any?

ANGIEHe became more irritable in small things, he does not disclose a lot of whereabouts anymore, he sometimes hides financial benefits from his office from me.

ATTY. DULAYDid these changes if any made you suspicious?

ANGIEYes,Maam

ATTY. DULAYWhen did these changes, if any, started?

ANGIEWhen he was able to procure for himself a mobile phone

ATTY. DULAYWhat had been the actuations when there was already a mobile phone around?

ANGIEBefore, I can still inspect his mobile phone, check on his inbox and outbox, call register, but then one day, he already forbade me to look into his mobile phone

ATTY. DULAYDid you ask why?

ANGIEYes but he does not answer me

ATTY. DULAYHow often did you try to inspect his mobile phone?

ANGIEOften

ATTY. DULAYWere you successful in doing that?

ANGIENo

ATTY. DULAYWhen he goes to take a bath, does he bring his mobile phone with him?

ANGIEYes

ATTY. DULAYDoes he ever lock the bathroom when he takes a bath?

ANGIEYes

ATTY. DULAYDoes he do it before?

ANGIENo

ATTY. DULAYDo you have your own mobile phone?

ANGIEYes

ATTY. DULAYIs it prepaid or postpaid?

ANGIEPrepaid

ATTY. DULAYDoes he text you?

ANGIEYes


ANGIENot very often

ATTY. DULAYDoes he ask for load?

ANGIENo

ATTY. DULAYDoes he go buy airtime load often?

ANGIENo

ATTY. DULAYHow often?/Do you ever see his mobile phones billing statement?

ANGIENo

ATTY. DULAYDoes he call you?

ANGIEYes


ANGIENot many times

ATTY. DULAYDid you ever feel neglected?

ANGIEYes

ATTY. DULAYWhy?

ANGIEBecause he is not sweet anymore

ATTY. DULAYWhy did you say that?

ANGIEHe does not go home early anymore, we do not go out on dates anymore like before. When he goes home he just eats then sleeps. He does not even talk with the kids anymore.

ATTY. DULAYHow often does he initiate having sex with you lately?

ANGIENo more

ATTY. DULAYWho is bigger in size? You or your husband?

ANGIEIts me, Maam.

ATTY. DULAYDid you ever fear him before this incident happened?

ANGIEYes

ATTY. DULAYDid you ever get to hold your husbands mobile phone?

ANGIEYes

ATTY. DULAYWhen?

ANGIELast February 13, 2010, Maam.

ATTY. DULAYWhat was he doing when you were able to get hold of his mobile phone?

ANGIEHe was taking a bath

ATTY. DULAYDid he not bring it with him inside the bathroom?

ANGIENo

ATTY. DULAYAnd what did you do with his mobile phone if any?

ANGIEI browsed through his inbox

ATTY. DULAYAnd what did you see?

ANGIEI saw messages with unnamed numbers and read the messages, I was able to read one that says, hi handsome?wat r u doing na?wat tym u pasok?i mis u..lovu2..mwahmwahmwah

ATTY. DULAYAnd what was your reaction?

ANGIEI got so mad

ATTY. DULAYWhat did you do next if any?

ANGIEI shouted from the outside I asked him sino itong nagiiloveyou sayo?!

INTERPRETERInterpret sino tong nagiiloveyou sayo?

ATTY. DULAYWhat was his reaction?

ANGIEHe got so mad too and he started pushing me around, shouting at me saying Wag mo pakialaman yang cellphone ko!

ATTY. DULAYWhat did you say next if any?

ANGIEI said nothing

ATTY. DULAYWhy? Did you do anything?

ANGIEI got a tabas when he was still taking a bath

ATTY. DULAYAnd what did you do with the tabas?

ANGIEI hacked his neck with it when he was not facing me anymore

ATTY. DULAYMay I ask why did you do that?

ANGIEI was so mad of his making a fool out of me. He has been doing this to me ever since he had a mobile phone. I was able to confirm my suspicions which has been playing in my mind long before

ATTY. DULAYAte pakidagdagan na lang po..hehehe..thanks!

ANGIE

ATTY. DULAYI am through with the witness, Your Honor.

COURTCross?

PROS. LARANANGI have some questions Your Honor

COURTProceed.

CROSS-EXAMINATION BY PROS. LARANANG

PROS. LARANANG

ANGIE

ATTY.DULAYRedirect (if theres any)

PROS. LARANANGRe-cross (if theres any)

COURTORDER:

After the testimony of the witness Angelina Gonzales, set the next hearing on May 15, 2010. The next witness of the defense is Mr. Alex Gonzales who is notified in open court.SO ORDERED.

SETTING 102nd WITNESS FOR THE DEFENSE

ALEX GONZALES

May 15, 2010COC:All rise.............

PRAYER

COURTCall the cases

COC

Crim. Case No. 8032



COURTAppearances?



ATTY. DULAYFor the defense, ready Your Honor. May we call to the witness stand Alex Gonzales.



ALEXYes, Maam.


ALEXALEX GONZALES, 20 years old, single and a resident of Brgy. Dili, Bauang, La Union.


ATTY. DULAYWe are offering the testimony of the witness to prove that the accused is a battered woman and a good mother; to prove that the victim, their father was no longer supporting the family. (Ate Diane, paki-edit na lang ha if my idadagdag ka pa..thanks)

How old are you?

ALEX20 Maam

ATTY. DULAYAre you the child of Angelina Gonzales?

ALEXYes

ATTY. DULAYAre you the eldest amongst your siblings?

ALEXYes

ATTY. DULAYAre you allowed access in the masters bedroom?

ALEXYes

ATTY. DULAYAre there any other persons in the house?

ALEXYes

ATTY. DULAYWho are they?

ALEXMy two other siblings Maam.

ATTY. DULAYHow do you describe the relationship of your parents before?

ALEXThey were sweet and happy

ATTY. DULAYDid you notice any changes in the relationship?

ALEXYes

ATTY. DULAYWhat changes did you notice?

ALEXYes

ATTY. DULAYWhen did the changes start?

ALEXThey were not happy, they often fight, my mother do not trust my father

ATTY. DULAYWhat are the circumstances that led to the changes?

ALEXIt started when my father was able to get a mobile phone

ATTY. DULAYHow do you feel towards your father?

ALEXI fear him so much

ATTY. DULAYWhy?

ALEXHe became so irritable over little things

ATTY. DULAYAte Diane, pakidagdagan na lang.. thanks

ALEX


COURTCross?

PROS. LARANANGI have some questions Your Honor

COURTProceed.

CROSS-EXAMINATION BY PROS. LARANANG

PROS. LARANANG

ANGIE


PROS. LARANANGRe-cross (if theres any)

COURTORDER:

After the testimony of the witness Alex Gonzales, set the next hearing on May 31, 2010. The next witness of the defense is Mrs. Athena Tudran Pimentel who is notified in open court.SO ORDERED.

SETTING 113rd WITNESS FOR THE DEFENSE

ATHENA TUDRAN PIMENTEL

May 31, 2010


PRAYER

COURTCall the cases

COC

Crim. Case No. 8032



COURTAppearances?






ALEXYes, Maam.


ATHENAATHENA PIMENTEL, 37 years old, married and a resident of Brgy. Dili, Bauang, La Union.


ATTY. DULAYWe are offering the testimony of the witness to prove that the accused is a battered woman and a good mother; to prove that the victim, their father was no longer supporting the family. (Ate Diane, paki-edit na lang ha if my idadagdag ka pa..thanks)

ATHENA

ATTY. DULAY


COURTCross?

ATTY. OCTAVIANOI have some questions Your Honor

COURTProceed.

CROSS-EXAMINATION BY ATTY. OCTAVIANO

ATTY. OCTAVIANO

ATHENA


ATTY. OCTAVIANORe-cross (if theres any)

COURTIs she your last witness?

ATTY. DULAY Yes Your Honor. I am now resting the case of the accused Your Honor with the offer in evidence of Exhibit _____________. And also the testimony of all the witnesses that we have presented.

ATTY. KESIPNo objection Your Honor to the documents offered.

COURTOkay, ORDER

After the testimony of the last witness for the defense in the person of Athena Pimentel, Atty. Diana Dulay rested her case and offered in evidence __________. No objection was interposed by Prosecutor Jocelyn M. Laranang. Set the continuation of hearing for the presentation of rebuttal evidence on June 3, 2010.

SO ORDERED.

SETTING 12HEARING OF REBUTTAL EVIDENCE

June 3, 2010


PRAYER

COURTCall the cases

COC

Crim. Case No. 8032


For Parricide under Art. 246 of the RPC for the presentation of rebuttal evidence by the Prosecution.

COURTAppearances?




PROS. LARANANGYour Honor, we may manifest that we have no more witness to present our rebuttal.

COURTOkay, ORDER

Considering the manifestation of Public Prosecutor Jocelyn M. Laranang that she has no rebuttal evidence to present, let this case deemed submitted for decision.

The parties are given thirty (30) days from today to submit their respective memoranda to be filed simultaneously.

.

SO ORDERED.

Republic of the Philippines

REGIONAL TRIAL COURT

First Judicial Region

Branch 33

Bauang, La Union

THE PEOPLE OF THE PHILIPPINES

Plaintiff

CRIM. CASE No. 8032

-versus-

FOR:

PARRICIDE

ANGELINA GONZALES

Accused

x - - - - - - - - - - - - - - - - - - - x

to:

ANGELINA GONZALES

.

Barangay Dili, Bauang,LA UNION

PROS. JOCELYN M. LARANANG

Prosecutors Office, Bauang, LA UNION GREETINGS:

Please be notified that the above-entitled case is set for PROMULGATION OF DECISION before the court on the 14th day of July, 2010 at 9:00 oclock in the morning.

If you desire to subpoena a witness, please notify this Office at least five (5) days is advance of the time of their appearance with a brief note of the name/s and specific addresses.

Application for continuance should be made at least (3) days in advance of the date and date of said hearing/s should be accompanied by the affidavit of merit. If on the ground of absence of witnesses, the affidavit should specify the name of such witnesses and what is expected from them.

Bauang, La Union, Philippines, this 17th day of June, 2010.

VICTORIA ORDOO

Branch Clerk of Court

SETTING 13PROMULGATION OF JUDGMENT

July 14, 2010


PRAYER

COURTCall the cases

COC

Crim. Case No. 8032


For Parricide under Art. 246 of the RPC for PROMULGATION OF JUDGMENT.

COURTAppearances?




COURTIs the accused present?

COCShe is present Your Honor.

COURTRead the decision.

ATTY.DULAYMay we pray Your Honor that only the decretal portion of the Decision will be read?

COURTOkay. Read only the wherefore clause.

COCWHEREFORE, premises considered, the Court finds the accused ANGELINA GONZALES Y TUDRAN guilty of the crime of PARRICIDE under ART. 246 of the RPC beyond reasonable doubt.

SO ORDERED.Sgd. LOVELLA MAY HULIGANGA

Judge

Republic of the Philippines

REGIONAL TRIAL COURT

First Judicial Region

Branch 33

Bauang, La Union

THE PEOPLE OF THE PHILIPPINES

Plaintiff

CRIM. CASE No. 8032

-versus-

FOR:

PARRICIDE

ANGELINA GONZALES

Accused

x - - - - - - - - - - - - - - - - - - - x

DECISION

On March 4, 2010, the Office of the Provincial Prosecutor filed an information for Parricide under Art. 246 of the RPC against herein accused Angelina Gonzales the accusatory portion reads:

That on or about 13th day of February 2010 in the municipality of Bauang, La Union, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused did then and there wilfully, unlawfully and feloniously and with treachery kill his husband XIAN MIGUEL GONZALES with whom she was united in lawful wedlock, and being then armed with bladed instrument (scythe, in local idiom tabas), with intent to kill, hack his husband XIAN MIGUEL GONZALES and as a result of which attack the said XIAN MIGUEL GONZALES received a hacked wound on his right neck which directly caused instantaneous death.

CONTRARY TO LAW.


JOCELYN M. LARANANG


On March 4, 2010, the Court admitted the Information

On March 8, 2010, he was arraigned pleading not guilty. On March 25, 2010 the pre-trial was completed with the adoption of the preliminary conference. Trial ensued with the prosecution presenting five witnesses namely Medelita Gonzales, Arnuld Gonzales, Jean Marie Gonzales, William Atiwag and Dr. Monette Balderas

To state the factual version of the prosecution, the court adopts the statement of facts found in its Memorandum thus:

At the time of the incident, the victim and the accused were legally married with three children. That the accused is a jealous and a nagger wife. That sometime in the month of February, 2010, after the victim took a bath, the accused hacked him from behind which causes the instantaneous death of the accused.

After the prosecution was through with its evidence, the Court, denied the Motion of the Defense to file Demurrer to Evidence for lack of merit. Thus trial resumed with the defense presenting three (3) witnesses namely the accused himself, their son Alex Gonzales and her sister Athena T. Pimentel. Heres the gist of their testimonies.

Sometime in 2010, when the victim is still working, he already fails to comply with his obligations to the family. He failed to support their children and he seldom went home already. That when he will come home, he usually inflicted injuries to his wife and sometimes to their children which inflicted fear to the family. They came to know that the victim is already keeping a mistress somewhere in Sampaloc, Manila. When he arrived at their house on the 13th day of February, an anonymous sender send a text messages to the victim stating hi handsome?wat r u doing na?wat tym u pasok?i mis u..lovu2..mwahmwahmwahBecause of this, the accused get so furious and mad. She got a tabas and hacked the victim at his right neck which caused his instantaneous death. COURTS RULING

As set forth in the information, the accused is charged with Parricide under Art. 246 of the RPC which read as follows: - Any person who shall kill his father, mother, or child, whether legitimate of illegitimate, or any of his ascendants, or descendants, or his spouse, shall be guilty of parricide and shall be punished by the penalty of reclusion perpetua to death."The elements of the offense penalized under this provision are as follows: 1. That a person kills his father, mother, or child, whether legitimate of illegitimate, or any of his ascendants, or descendants, or his spouse;Let us discuss the elements individually vis--vis the relevant facts of the case. ___________________________________

First element :

the accused kills his spouse

___________________________________

The accused and the victim are legally married as proved by the Marriage Certificate dated October 8, 1975._________________________

Second Element :

_____________________________________

Among our well-entrenched principles is that an accused is presumed innocent until proved guilty. To overcome the presumption, his guilt must be shown by proof beyond reasonable doubt. While this does not connote absolute certainty, it means that degree of proof which, after an investigation of the whole record, produces moral certainty in an unprejudiced mind of accuseds culpability. It signifies such proof that convinces and satisfies the reason and conscience has been overcome by the prosecution beyond reasonable doubt, hence, accused is convicted

WHEREFORE, premises considered, the Court finds the accused ANGELINA GONZALES Y TUDRAN guilty of the crime of PARRICIDE under ART. 246 of the RPC beyond reasonable doubt.

SO ORDERED.

ISSUED IN CHAMBERS, this 1st day of July, 2010, at Bauang, La Union

LOVELLA MAY HULIGANGA

Judge11

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