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.
X--------------------------------------------------------------------------------------------------------X
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
REPUBLIC OF THE PHILIPPINES
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.
Bauang, La Union, March 4, 2010.
JOCELYN M. LARANANG
4th Assist. Provincial Prosecutor
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
4th Assist. Provincial Prosecutor
SUBSCRIBED AND SWORN TO before me this 4th day of March 2010 at
Bauang, La Union.
REPUBLIC OF THE PHILIPPINES
FIRST JUDICIAL REGIONREGIONAL TRIAL COURTBRANCH 33
BAUANG, LA UNION
THE PEOPLE OF THE PHILIPPINES,
CRIMINAL CASE NO. 8032
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
THE PEOPLE OF THE PHILIPPINES,
CRIMINAL CASE NO. 8032
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
People of the Philippines versus Angelina Gonzales
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
People of the Philippines versus Angelina Gonzales
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.
ATTY. DULAYFor the defense, ready Your Honor.
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
COC:All rise.............
PRAYER
COURTCall the cases
COC
Crim. Case No. 8032
People of the Philippines versus Angelina Gonzales
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.
ATTY. OCTAVIANOAppearing for the government as private
prosecutor, under the direct supervision and control of the Public
Prosecutor, we are ready Your Honor.
ATTY. DULAYFor the defense, ready Your Honor.
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?
ARNULDYes, Maam.
INTERPRETERPlease state your name, age and other personal
circumstances.
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.
COURTAny comment to the offer?
ATTY. DULAYNo comment, Your Honor.
COURTYou may proceed.
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)
ATTY.DULAYRe-cross(if there is any)
COURTThank you. You are now excused.
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
COC:All rise.............
PRAYER
COURTCall the cases
COC
Crim. Case No. 8032
People of the Philippines versus Angelina Gonzales
For Parricide under Art. 246 of the RPC for the presentation of
evidence by the Prosecution.
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.
ATTY. DULAYFor the defense, ready Your Honor.
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.
INTERPRETERYour witness, Fiscal.
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.
PROS. LARANANGThat would be all, Your Honor.
COURTCross?
ATTY. DULAYYes, Your Honor, may I proceed?
COURTProceed.
CROSS-EXAMINATION BY ATTY. DULAY
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 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
COC:All rise.............
PRAYER
COURTCall the cases
COC
Crim. Case No. 8032
People of the Philippines versus Angelina Gonzales
For Parricide under Art. 246 of the RPC for the presentation of
evidence by the Prosecution.
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.
ATTY. DULAYFor the defense, ready Your Honor.
INTERPRETERTo the witness stand. State your name and other
personal circumstances
WILLIAMI am William Atiwag, 40 years old and a resident of Brgy.
Dili, Bauang, La Union.
INTERPRETERYour witness, Fiscal.
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)
ATTY.DULAYRe-cross(if there is any)
COURTThank you. You are now excused.
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
COC:All rise.............
PRAYER
COURTCall the cases
COC
Crim. Case No. 8032
People of the Philippines versus Angelina Gonzales
For Parricide under Art. 246 of the RPC for the presentation of
evidence by the Prosecution.
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.
ATTY. DULAYFor the defense, ready Your Honor.
INTERPRETERTo the witness stand. State your name and other
personal circumstances
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.
INTERPRETERYour witness, Fiscal.
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
PROS. LARANANGThat would be all, Your Honor.
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
COC:All rise.............
PRAYER
COURTCall the cases
COC
Crim. Case No. 8032
People of the Philippines versus Angelina Gonzales
For Parricide under Art. 246 of the RPC for the presentation of
evidence by the Defense
COURTAppearances?
PROS. LARANANGFor the government, Your Honor, we are ready.
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.
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?
ANGIEYes, Maam.
INTERPRETERPlease state your name, age and other personal
circumstances.
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.
COURTAny comment to the offer?
PROS. LARANANGNo comment, Your Honor.
COURTYou may proceed.
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
ATTY. DULAYHow often?
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
ATTY. DULAYHow often?
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
People of the Philippines versus Angelina Gonzales
For Parricide under Art. 246 of the RPC for the presentation of
evidence by the Defense
COURTAppearances?
PROS. LARANANGFor the government, Your Honor, we are ready.
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 Alex 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?
ALEXYes, Maam.
INTERPRETERPlease state your name, age and other personal
circumstances.
ALEXALEX GONZALES, 20 years old, single and a resident of Brgy.
Dili, Bauang, La Union.
INTERPRETERYour witness, Atty.Dulay
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
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 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
COC:All rise.............
PRAYER
COURTCall the cases
COC
Crim. Case No. 8032
People of the Philippines versus Angelina Gonzales
For Parricide under Art. 246 of the RPC for the presentation of
evidence by the Defense
COURTAppearances?
PROS. LARANANGFor the government, Your Honor, we are ready.
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 Alex 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?
ALEXYes, Maam.
INTERPRETERPlease state your name, age and other personal
circumstances.
ATHENAATHENA PIMENTEL, 37 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 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
ATTY. DULAYI am through with the witness, Your Honor.
COURTCross?
ATTY. OCTAVIANOI have some questions Your Honor
COURTProceed.
CROSS-EXAMINATION BY ATTY. OCTAVIANO
ATTY. OCTAVIANO
ATHENA
ATTY.DULAYRedirect (if theres any)
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
COC:All rise.............
PRAYER
COURTCall the cases
COC
Crim. Case No. 8032
People of the Philippines versus Angelina Gonzales
For Parricide under Art. 246 of the RPC for the presentation of
rebuttal evidence by the Prosecution.
COURTAppearances?
PROS. LARANANGFor the government, Your Honor, we are ready.
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 Alex Gonzales.
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
COC:All rise.............
PRAYER
COURTCall the cases
COC
Crim. Case No. 8032
People of the Philippines versus Angelina Gonzales
For Parricide under Art. 246 of the RPC for PROMULGATION OF
JUDGMENT.
COURTAppearances?
PROS. LARANANGFor the government, Your Honor, we are ready.
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 Alex Gonzales.
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.
Bauang, La Union, March 4, 2010.
JOCELYN M. LARANANG
4th Assist. Provincial Prosecutor
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