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

01. 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.

08 T: 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?

1

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 Nagsalaysay

SUBSCRIBED AND SWORN TO before me this 14 th 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

01. 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?

2

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 PHILIPPINESDEPARTMENT OF JUSTICE

NATIONAL PROSECUTION SERVICEOFFICE OF THE PROVINCIAL PROSECUTOR

BAUANG, LA UNION

MEDELITA GONZALES I.S. NO. 08-169-LU-SFComplainant,

-versus- FOR: PARRICIDE

ANGELINA GONZALES Respondent,X--------------------------------------X

RESOLUTION

Before 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. LARANANG4th Assist. Provincial Prosecutor

Approved:___________________DANILO C. BUMACODProvincial Prosecutor

3

Copy furnished: ALL PARTIES

REPUBLIC OF THE PHILIPPINESFIRST JUDICIAL REGIONREGIONAL TRIAL COURT

BRANCH ____BAUANG, LA UNION

THE PEOPLE OF THE PHILIPPINES, CRIMINAL CASE NO. 8032Plaintiff,

-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.


Approved:

___________________DANILO C. BUMACODProvincial Prosecutor

WITNESSES:

1. Medelita Gonzales Brgy. Dili, Bauang, La Union2. Arnuld Gonzales -do-3. OTHERS

NO BAIL RECOMMENDED

CERTIFICATION

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.


4

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

REPUBLIC OF THE PHILIPPINESFIRST JUDICIAL REGIONREGIONAL TRIAL COURT

BRANCH 33BAUANG, LA UNION


-versus- FOR: PARRICIDEANGELINA GONZALES,Address: Brgy. Dile, Bauang,La Union,

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

NOTICE OF HEARING

TO: ANGELINA GONZALES = Provincial Jail, City of San Fernando, La Union

MEDELITA GONZALES = Brgy. Dili, Bauang, La Union

PROS. JOCELYN M. LARANANG = Prosecutor’s 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 o’clock in the morning before this Court.

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

VICTORIA ORDOÑOBranch Clerk of Court

SETTING 1:

ARRAIGNMENT

March 8, 2010

COC: 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

COURT Call the cases.COC Crim. Case No. 8032

People of the Philippines versus Angelina GonzalesFor Parricide under Art. 246 of the RPC for ARRAIGNMENT

COURT Appearances?PROS. For the Government, Your Honor, ready.

5

LARANANGATTY. DULAY For the defense, ready Your Honor.COURT Is the accused present? Ready for arraignment?ATTY. DULAY Yes, Your Honor, readyCOURT Okay, arraign the accusedSHERIFF (Assist the Accused)COC What language/dialect do you understand?ACCUSED EnglishCOC Please raise your right hand. Read the Information.

After reading, ask accused if he understood and then ask his plea.ACCUSED Not guiltyCOC Your Honor, after having arraigned, the Accused pleaded NOT GUILTY to

the crime charged.COURT Order:

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 o’clock in the morning.

So Ordered.

SETTING 2REPUBLIC OF THE PHILIPPINES

FIRST JUDICIAL REGIONREGIONAL TRIAL COURT

BRANCH 33BAUANG, LA UNION


-versus- FOR: PARRICIDE under ART. 246, RPC ANGELINA GONZALESAddress: Brgy. Dili, Bauang,La Union,

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

PRELIMINARY CONFERENCEMarch 16, 2010

For the PROSECUTION: For the DEFENSE:Medelita Gonzales and Angelina Gonzales y TudranThe 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. LARANANG

Yes, we are ready.

ATTY. DULAY Ready, Ma’am.

COC What is your documentary evidence, Fiscal?

6

PROS. LARANANG

The 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 Gonzales3. Exh. “B”- the sworn statement of Arnuld Gonzales4. Exh. “B-1”- signature of Arnuld Gonzales5. Exh. “C”- the Autopsy Report dated February 13, 20106. Exh. ”D”- the contract of marriage between Xian Miguel

Gonzales and Angelina Gonzales;7. Exh.”E”- the Death Certificate of Xian Miguel Gonzales8. Exh. “F”- scythe(tabas)(object evidence)

COC Any objection Atty. Dulay?ATTY. DULAY As to the purpose of markings only, ma’am.COC How about the defense?ATTY. DULAY For the accused, we would like to present the following documentary

evidence as follows:(c/o Atty. Dulay)

COC Any comment Fiscal Laranang?PROS. LARANANG

For the purpose only of markings, Ma’am.

COC Okay. How about your witnesses?PROS. LARANANG

As to our witnesses, we have the victim’s mother, Medelita Gonzales, his father, Arnuld Gonzales, Dra. Monette Balderas , Jean Marie Kesip, victim’s sister and William Atiwag, victim’s bestfriend.

ATTY. DULAY For the defense, we would like to present accused Angelina Gonzales, the accused’s sister Athena Pimentel and their victim’s son, Alex Bandolin.

COC Is there possibility of settlement, counsels?PROS. LARANANG

Very remote.

ATTY. DULAY Not possibleCOC Stipulation of facts?PROS. LARANANG

The jurisdiction of the Court is admittedThe 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. DULAY The victim died due to hacking is not admittedIdentity of the accused is admitted. The weapon used is a scythe ( tabas) is not admitted.

COC Any more or other matters?ATTY. DULAY As for now, we have no more things to discuss.PROS. LARANANG

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

COC Okay counsels, when will be the pre-trial conference?PROS. LARANANG

March 25, 2010

ATTY. DULAY Okay, I am also available on that date.COC Okay. March 25, 2010 is the pre-trial conference. Thank you, counsels.

Have a good day.

SETTING NO.3 PRE-TRIAL CONFERENCE

March 25, 2010

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

7

PRAYERCOURT Call the casesCOC Crim. Case No. 8032

People of the Philippines versus Angelina GonzalesFor Parricide under Art. 246 of the RPC for PRETRIAL CONFERENCE

COURT AppearancesPROS. LARANANG

For the Government, Your Honor, ready.

ATTY.DULAY For the defense, ready Your Honor.PROS. LARANANG

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

COURT Any objection, counsel?ATTY.DULAY No objection Your Honor. We conformed with the manifestation of the

Prosecutor, Your Honor.COURT Order, in today’s 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 4

1ST WITNESS FOR THE PROSECUTIONMEDELITA GONZALES

April 1, 2010Direct examination of Medelita Gonzales

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

COURT Call the casesCOC Crim. Case No. 8032

People of the Philippines versus Angelina GonzalesFor Parricide under Art. 246 of the RPC for the presentation of evidence by the Prosecution.

COURT Appearances?PROS . LARANANG

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

ATTY. DULAY For the defense, ready Your Honor.COC On 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?MEDELITA Yes, Ma’am.INTERPRETER Please state your name, age and other personal circumstances.MEDELITA MEDELITA GONZALES, 45 years old, married and a resident of Brgy. Dili,

Bauang, La Union.INTERPRETER Your witness, Fiscal.PROS. LARANANG

We 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.

COURT Any comment to the offer?ATTY. DULAY No comment, Your Honor.COURT You may proceed.PROS. LARANANG

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

MEDELITA Yes, Ma’am.PROS. LARANANG

Madam witness, do you know a person by the name of Xian Miguel Gonzales?

MEDELITA Yes, Ma’amPROS. LARANANG

Why do you know this person, Madam witness?

MEDELITA He is my son, ma’am.PROS. LARANANG

You said that he is your son, may we know where he is now?

8

MEDELITA He is already dead, Ma’am.PROS. LARANANG

And when was that?

MEDELITA February 13, 2010 Ma’am.PROS. LARANANG

Is there proof that he is really dead?

MEDELITA Yes, ma’am, his death certificate.PROS. LARANANG

I 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 o’clock in the evening of February 13, 2010, is this the certificate you’re referring to?

MEDELITA Yes, Ma’am this is my son’s death certificate.PROS. LARANANG

May 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.

COURT Mark it.PROS. LARANANG

What is the reason or cause of death of your son, if you know?

MEDELITA He was hacked, Ma’am.PROS. LARANANG

And who hacked him?

MEDELITA Angelina Gonzales, Ma’am. (point Angelina Gonzales)INTERPRETER The witness is pointing to a person wearing orange t-shirt, Your Honor,

when her name was asked; he answered ANGELINA GONZALES, Your Honor.

PROS. LARANANG

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


How long do you know the accused, madam witness?

MEDELITA For a long time Ma’am. She is my neighbor in Brgy. Dili, Bauang, La Union and my daughter-in-law.

PROS. LARANANG

You said that she is your daughter-in-law, to whom is she married?

MEDELITA To my son Xian Miguel Gonzales, Ma’am.PROS. LARANANG

Do you have any proof that they are legally married?

MEDELITA Yes, Ma’am. Their married certificate.PROS. LARANANG

Showing to you this marriage certificate, is this the one you are referring to?

MEDELITA Yes, ma’am.PROS. LARANANG

Your 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.


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

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

PROS. LARANANG

How can you say that, Madam witness?

MEDELITA Every 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. LARANANG

What does Xian Miguel do, if there’s any?

MEDELITA Xian Miguel is not talking, Ma’am. He just let Angelina Gonzales keeps on talking.

PROS. LARANANG

What else do you observed with Angelina?

MEDELITA One 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 Miguel’s workmate.

PROS. LARANANG

You 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?

9

MEDELITA 8:30 in the evening Ma’am.PROS. LARANANG

And where in particular did the incident took place?

MEDELITA At their house in Brgy. Dili, Ma’am.PROS. LARANANG

What time is that again?

MEDELITA 8:30 in the evening Ma’am.PROS. LARANANG

How far is your house from their house?

MEDELITA Our house is just 20 steps away at the back of their house, Ma’am.PROS. LARANANG

During that night of February 13, 2010, do you observed any unusual incident that happened?

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

PROS. LARANANG

What did you do, if any?

MEDELITA We went there together with my husband to pacify the two.PROS. LARANANG

Are you able to arrive at their house?


Upon arriving thereat, what happened?

MEDELITA We saw that my son was already lying on the floor near their bathroom Ma’am with blood oozing from his right neck.

PROS. LARANANG

What else did you see, if any?

MEDELITA The accused is holding the scythe “tabas” which she used in killing my son Ma’am with fresh blood on it.

PROS. LARANANG

If that scythe will be shown to you, will you be able to identify it?

MEDELITA Yes ma’am.PROS. LARANANG

I am showing you this scythe, is this the instrument you are referring to?

MEDELITA Yes, Ma’am. This is the one.PROS. LARANANG

May we pray Your Honor that this object evidence be marked as Exh. “F” as previously marked during the preliminary conference.


After you saw the incident, what transpired next?

MEDELITA I run to my son’s body and asked help from our neigbors. My husband gets hold of the accused and the scythe.

PROS. LARANANG

What else happened madam witness?

MEDELITA We 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. LARANANG

What else did you do, if there’s any?

MEDELITA The doctor asked me if we wanted to conduct autopsy on the cadaver of my son, ma’am.

PROS. LARANANG

Did you allow them to conduct autopsy?

MEDELITA Yes ma’am. The doctor conducted the autopsy.PROS. LARANANG

After conducting the autopsy, what happened next?

MEDELITA The doctor issued us a certificate ma’am.PROS. LARANANG

If that certificate be shown to you, will you be able to recognize it?


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

MEDELITA Yes, ma’am, this is the certification.PROS. Your Honor, this certification was previously marked as Exh. “C” during the

10

LARANANG preliminary conference, may we adopt the same marking Your Honor.COURT Mark it.PROS. LARANANG

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

MEDELITA Yes, ma’amPROS. LARANANG

In what particular agency?

MEDELITA PNP, Bauang Ma’am.PROS. LARANANG

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


Madam 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?

MEDELITA This is the document ma’am.PROS. LARANANG

On the second page, there is a signature over the name Medelita Gonzales, whose signature is this?

MEDELITA My signature ma’am.PROS. LARANANG

For 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.

COURT Mark them accordingly.PROS. LARANANG

Because of the death of your son, what did you feel?

MEDELITA I felt bad, sir.PROS. LARANANG

During that time, is your son still supporting you?

MEDELITA Yes, Ma’am because he is the one who have work. And we want that justice will be served to him.

PROS. LARANANG

That would be all, Your Honor.

COURT. Cross?ATTY.DULAY Just a few questions Your Honor

CROSS-EXAMINATION BY ATTY. DIANA DULAYATTY.DULAYMEDELITAPROS. LARANANG

Re-direct( if there is any)

ATTY.DULAY Re-cross(if there is any)COURT Thank 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 o’clock in the morning as previously scheduled.The next witness is Arnuld Gonzales who is notified in open court.

SO ORDERED.

SETTING 5

2ND WITNESS FOR THE PROSECUTIONARNULD GONZALES

April 8, 2010

Direct examination of Arnuld GonzalesCOC: All rise.............



COURT Appearances?

11

PROS . LARANANG

For the government, Your Honor, we are ready.

ATTY. OCTAVIANO

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

ATTY. DULAY For the defense, ready Your Honor.COC On 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?ARNULD Yes, Ma’am.INTERPRETER Please state your name, age and other personal circumstances.ARNULD ARNULD GONZALES, 50 years old, married and a resident of Brgy. Dili,

Bauang, La Union.INTERPRETER Your witness, Atty.ATTY. OCTAVIANO

We 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.

COURT Any comment to the offer?ATTY. DULAY No comment, Your Honor.COURT You may proceed.ATTY. OCTAVIANO

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

ARNULD Yes, Ma’am.ATTY. OCTAVIANO

Why do you know this person, Mr. witness?

ARNULD He is my son, ma’am.ATTY. OCTAVIANO

You said that he is your son; may we know where he is now?

ARNULD He is already dead, Ma’am.ATTY. OCTAVIANO

And when was that?

ARNULD February 13, 2010 Ma’am.ATTY. OCTAVIANO

What is the reason or cause of death of your son, if you know?

ARNULD He was hacked, Ma’am.ATTY. OCTAVIANO

And who hacked him?

ARNULD Angelina Gonzales, Ma’am. ATTY. OCTAVIANO

During that night of February 13, 2010, do you observed any unusual incident that happened?

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

ATTY. OCTAVIANO


ARNULD We went there together with my wife to pacify the two.ATTY. OCTAVIANO

Upon arriving thereat, what happened?

ARNULD We saw that my son was already lying on the floor near their bathroom Ma’am with blood oozing from his right neck.

ATTY. OCTAVIANO

What else did you do, if any?

ARNULD The accused is holding the scythe “tabas” which she used in killing my son Ma’am with fresh blood on it.

ATTY. OCTAVIANO

After you saw the incident, what transpired next?

ARNULD I got hold of the accused and the scythe Ma’am.ATTY. OCTAVIANO

What happened next, Mr. witness?

ARNULD We 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. OCTAVIANO

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

12

ARNULD Yes, ma’amATTY. OCTAVIANO

In what particular agency?

ARNULD PNP, Bauang Ma’am.ATTY. OCTAVIANO

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

ARNULD Yes, Ma’am.ATTY. OCTAVIANO

Madam 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?

ARNULD This is the document ma’am.ATTY. OCTAVIANO

On the second page, there is a signature over the name Arnuld Gonzales, whose signature is this?

ARNULD My signature ma’am.ATTY. OCTAVIANO

May 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.

COURT Mark them accordingly.ATTY. OCTAVIANO


COURT. Cross?ATTY.DULAY Just a few questions, Your Honor

CROSS-EXAMINATION BY ATTY. DIANA DULAYATTY.DULAYARNULDATTY. OCTAVIANO


ATTY.DULAY Re-cross(if there is any)COURT Thank 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 o’clock in the morning as previously scheduled.The next witness is Jean Marie Gonzales who is notified in open court.

SO ORDERED.

SETTING 63RD WITNESS FOR THE PROSECUTION

JEAN MARIE GONZALESApril 15, 2010

Direct examination of Jean Marie GonzalesCOC: All rise.............



PROS . LARANANG


ATTY. OCTAVIANO


ATTY. DULAY For the defense, ready Your Honor.INTERPRETER To the witness stand. State your name and other personal circumstancesJEAN I am Jean Marie L. Gonzales, 40 years old and a resident of Brgy. Dili,

Bauang, La Union.INTERPRETER Your witness, Fiscal.

PROS. We are offering the testimony of this witness Your Honor to corroborate the

13

LARANANG 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?

COURT Proceed.PROS. LARANANG

Do you know a person by the name Xian Miguel Gonzales?

JEAN Yes, PROS. LARANANG

Why do you know him?

JEAN Because he is my brotherPROS. LARANANG

Where is he now?

JEAN He is already deadPROS. LARANANG

When did he die?

JEAN February 13, 2010PROS. LARANANG

What is the cause of death, if you know?

JEAN He was hacked to death by Angelina GonzalesPROS. LARANANG

Who is this Angelina Gonzales?

JEAN The wife of my brother PROS. LARANANG

For how long do you know this Angelina Gonzales?

JEAN Long time ago Ma’am because we are neighbours and she is my sister-in-law.

PROS. LARANANG

Being your sister-in-law, how do you describe her?

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

INTERPRETER Interpret the word “under the saya”PROS. LARANANG

How do you know that it was Angelina Gonzales who stabbed your brother?

JEAN Because I witnessed what she did to my brotherPROS. LARANANG

When was that madam witness?

JEAN February 13, 2010 at around 8:30 in the evening.PROS. LARANANG

Anyway madam witness, where do you reside?

JEAN Brgy. Dili, Bauang, La Union.PROS. LARANANG

So you live with the same barangay with this Angelina Gonzales?

JEAN Yes maamPROS. LARANANG

How far is your house from the house of Angelina Gonzales?

JEAN Very near maam because my house is located just beside their housePROS. LARANANG

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

JEAN Yes ma’amPROS. LARANANG

Why madam witness, where were you at that time?

JEAN I was outside their house and the window of their house is still open that’s why I was able to see them.

PROS. LARANANG

Why are you there?

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

PROS. LARANANG

Do you know the reason why are they quarrelling

JEAN Because Angelina confronted my brother regarding text messages which she read from my brother’s cellphone

14

PROS. LARANANG

How did Angelina killed your brother?

JEAN By the use of a tabas “scythe”.PROS. LARANANG

In what part of the body did Angelina hacked your brother?

JEAN At the right part of his neckPROS. LARANANG

Do you know what is your brother doing at that time?

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

PROS. LARANANG


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

PROS. LARANANG

What else transpired, if there’s any?

JEAN We rushed my brother to the hospital but he was declared dead on arrival.PROS. LARANANG


COURT Cross?ATTY. DULAY Yes, Your Honor, may I proceed?COURT Proceed.

CROSS-EXAMINATION BY ATTY. DULAYPROS. LARANANG


ATTY.DULAY Re-cross(if there is any)

COURT Thank 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 o’clock in the morning as previously scheduled.The next witness is William Atiwag who is notified in open court.

SO ORDERED.

SETTING 7

4TH WITNESS FOR THE PROSECUTIONWILLIAM ATIWAG

April 22, 2010

Direct examination of William AtiwagCOC: All rise.............



PROS . LARANANG


ATTY. OCTAVIANO


ATTY. DULAY For the defense, ready Your Honor.INTERPRETER To the witness stand. State your name and other personal circumstancesWILLIAM I am William Atiwag, 40 years old and a resident of Brgy. Dili, Bauang, La

Union.

15

INTERPRETER Your witness, Fiscal.

ATTY. OCTAVIANO

We 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?

COURT Proceed.

ATTY. OCTAVIANO

Do you know a person by the name Xian Miguel Gonzales?

WILLIAM Yes, ATTY. OCTAVIANO

Why do you know him?

WILLIAM Because he is my workmate and my best friend.ATTY. OCTAVIANO

Where is he now?

WILLIAM He is already dead.ATTY. OCTAVIANO

When did he die?

WILLIAM February 13, 2010ATTY. OCTAVIANO

What is the cause of death, if you know?

WILLIAM He was hacked by Angelina GonzalesATTY. OCTAVIANO

Who is this Angelina Gonzales?

WILLIAM The wife of my best friend Xian MiguelATTY. OCTAVIANO

For how long do you know this Angelina Gonzales?

WILLIAM Long time ago, Ma’am 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. OCTAVIANO

How do you describe Angelina Gonzales?

WILLIAM A 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. OCTAVIANO

What is you response to her queries, if there’s any?

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

ATTY. OCTAVIANO

How did she react on that?

WILLIAM She does not believe it Ma’am. 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. OCTAVIANO

Do you confide this matter to Xian Miguel?

WILLIAM Yes, Ma’am. ATTY. OCTAVIANO

What did Xian Miguel said, if there’s any?

WILLIAM He confided to me ma’am 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.

INTERPRETER Interpret “Nasasakal na ako pare, ayoko na. “

ATTY. OCTAVIANO

What did you say if there’s any?

WILLIAM I advice him to widen his understanding for the sake of their three children.ATTY. OCTAVIANO

Did he heed to your advice.

WILLIAM Yes, Ma’am. She said, sige pare tiisin ko na lang si Angelina, kawawa naman ang mga bata. Mahal na mahal ko sila.

INTERPRETER Interpret “sige pare tiisin ko na lang si Angelina, kawawa naman ang mga

16

bata. Mahal na mahal ko sila.. “

ATTY. OCTAVIANO

After that, what happened next?

WILLIAM We went home already Ma’am.ATTY. OCTAVIANO

That would be all, Your Honor

COURT Cross?ATTY. DULAY Yes, Your Honor, may I proceed?COURT Proceed.

CROSS-EXAMINATION BY ATTY. DULAYATTY. OCTAVIANO


ATTY.DULAY Re-cross(if there is any)

COURT Thank 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 o’clock 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 8

5TH WITNESS FOR THE PROSECUTIONDR. MONETTE BALDERAS

April 29, 2010Direct examination of Dr. Monette Balderas




PROS . LARANANG


ATTY. OCTAVIANO


ATTY. DULAY For the defense, ready Your Honor.INTERPRETER To the witness stand. State your name and other personal circumstancesDR. BALDERAS I 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.

INTERPRETER Your witness, Fiscal.

PROS . LARANANG

Your 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. DULAY We will admit the qualification of the doctor, Your Honor.

PROS. LARANANG

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

17

COURT Proceed

PROS. LARANANG

Doctor, 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. BALDERAS Yes, Ma’am.

PROS. LARANANG

Do you have it with you now, Doctor?

DR. BALDERAS Yes Ma’am. (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. LARANANG

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

DR. BALDERAS Pallor refers to the color of the skin and it is described and generalized. Meaning – the whole body appears to be pale, ma’am.

PROS. LARANANG

How many injuries did you find in the body of Xian Miguel, Doctor?

DR. BALDERAS There were actually two (2) physical injuries, Ma’am.

PROS. LARANANG

What parts of his body, Doctor?

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

PROS. LARANANG

Particularly, what part of the head, Doctor?

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

PROS. LARANANG

And the second injury, Doctor?

DR. BALDERAS There was also a lacerated wound at his neck.

PROS. LARANANG

What is the trajectory of that wound, Doctor?

DR. BALDERAS The 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. LARANANG

What is the depth of that injury, Doctor?

DR. BALDERAS The approximate deep is 6.0 cms.

PROS. LARANANG

From the outside skin?

DR. BALDERAS Yes, Ma’am.

PROS. LARANANG

How forceful or what could have been the possible force, Doctor?

DR. BALDERAS It was forceful enough to penetrate the thorasic and pericardial cavities and

18

caused the penetrating injury to the throat, maam

PROS. LARANANG

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

DR. BALDERAS It is highly possible that they the assailant is at the back of the victim, Ma’am.

PROS. LARANANG

Standing or sitting down, Doctor?

DR. BALDERAS They 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. LARANANG

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

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

PROS. LARANANG

I 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. BALDERAS Yes Ma’am. The tabas being a hard object it could qualify as something which may have caused the hematoma in the lacerated wound.

PROS. LARANANG

Doctor, 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. BALDERAS It could be a few minutes before he dies so I would say that it was instantaneous, Ma’am

PROS. LARANANG


COURT Cross?

ATTY. DULAY Yes, Your Honor

COURT Proceed.

CROSS EXAMINATION BY ATTY. DULAY

ATTY. DULAY

PROS. LARANANG

Redirect (if there’s any)

ATTY. DULAY Re-cross(if there is any)

PROS. LARANANG

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

COURT Okay. Proceed.PROS. LARANANG

Your 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 Gonzales3. 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

19

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.

COURT Any objection Atty. Dulay?ATTY. DULAY No objection, Your Honor. But I will be submitting our Motion with Leave of

Court to File Demurrer to Evidence, Your Honor.PROS. LARANANG

We 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.

COURT Okay. 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 o’clock in the morning. SO ORDERED.

SETTING 9

1st WITNESS FOR THE DEFENSEANGELINA GONZALES

May 6, 2010



People of the Philippines versus Angelina GonzalesFor Parricide under Art. 246 of the RPC for the presentation of evidence by the Defense

COURT Appearances?

20

PROS . LARANANG For the government, Your Honor, we are ready.ATTY. OCTAVIANO For the government under the supervision and control of the Public

Prosecutor, ready, Your Honor.ATTY. DULAY For the defense, ready Your Honor. May we call to the witness

stand Angelina Gonzales.COC On 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?ANGIE Yes, Ma’am.INTERPRETER Please state your name, age and other personal circumstances.ANGIE ANGELINA GONZALES, 35 years old, married and a resident of

Brgy. Dili, Bauang, La Union.INTERPRETER Your witness, Atty.DulayATTY. DULAY We 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.

COURT Any comment to the offer?PROS. LARANANG No comment, Your Honor.COURT You may proceed.ATTY. DULAY Madam witness, what is your legal status right now?ANGIE Widow Ma’am.ATTY. DULAY But are you married before?ANGIE Yes, ma’am.ATTY. DULAY To whom?ANGIE Xian Miguel Gonzales, ma’am.ATTY. DULAY Where is he now, madam witness?ANGIE He is already dead, Ma’am.ATTY. DULAY Do you know that the killing of your husband has been charged

against you?ANGIE Yes, Ma’am.ATTY. DULAY Do you admit that you killed him?ANGIE No Ma’am, I just defended myself from him. ATTY. DULAY How long have you been married with Xian Miguel Gonzales?ANGIE For almost 10 years already Ma’am.ATTY. DULAY How many children do you have, if any?ANGIE We have three children Ma’am.ATTY. DULAY Are you a full-time mother?ANGIE Yes Ma’amATTY. DULAY Do you have any income-generating activities to augment the

family income?/What work do you do?ANGIE I’m a plain housewife ma’am. I look after our children and take care

of them and household management.ATTY. DULAY Have you ever cheated on your husband?ANGIE NoATTY. DULAY Do you obey commands or requests from your husband?ANGIE YesATTY. DULAY How often?ANGIE Most of the timeATTY. DULAY Have you been spending more than the needed expenditures in

the household?ANGIE NoATTY. DULAY Do you give time for yourself so that you shall stay charming and

beautiful? ANGIE YesATTY. DULAY Are there changes in the relationship as husband and wife?ANGIE YesATTY. DULAY What are the changes in the relationship if any?ANGIE He 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. DULAY Did these changes if any made you suspicious?ANGIE Yes,Ma’amATTY. DULAY When did these changes, if any, started?

21

ANGIE When he was able to procure for himself a mobile phoneATTY. DULAY What had been the actuations when there was already a mobile

phone around?ANGIE Before, 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. DULAY Did you ask why?ANGIE Yes but he does not answer meATTY. DULAY How often did you try to inspect his mobile phone?ANGIE OftenATTY. DULAY Were you successful in doing that?ANGIE NoATTY. DULAY When he goes to take a bath, does he bring his mobile phone with

him?ANGIE YesATTY. DULAY Does he ever lock the bathroom when he takes a bath?ANGIE YesATTY. DULAY Does he do it before?ANGIE NoATTY. DULAY Do you have your own mobile phone?ANGIE YesATTY. DULAY Is it prepaid or postpaid?ANGIE PrepaidATTY. DULAY Does he text you?ANGIE YesATTY. DULAY How often?ANGIE Not very oftenATTY. DULAY Does he ask for load?ANGIE NoATTY. DULAY Does he go buy airtime load often?ANGIE NoATTY. DULAY How often?/Do you ever see his mobile phone’s billing statement?ANGIE NoATTY. DULAY Does he call you?ANGIE YesATTY. DULAY How often?ANGIE Not many timesATTY. DULAY Did you ever feel neglected?ANGIE YesATTY. DULAY Why?ANGIE Because he is not sweet anymoreATTY. DULAY Why did you say that? ANGIE He 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. DULAY How often does he initiate having sex with you lately?ANGIE No moreATTY. DULAY Who is bigger in size? You or your husband?ANGIE It’s me, Ma’am.ATTY. DULAY Did you ever fear him before this incident happened?ANGIE YesATTY. DULAY Did you ever get to hold your husband’s mobile phone?ANGIE YesATTY. DULAY When?ANGIE Last February 13, 2010, Ma’am.ATTY. DULAY What was he doing when you were able to get hold of his mobile

phone?ANGIE He was taking a bathATTY. DULAY Did he not bring it with him inside the bathroom?ANGIE NoATTY. DULAY And what did you do with his mobile phone if any?ANGIE I browsed through his inboxATTY. DULAY And what did you see?

22

ANGIE I 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. DULAY And what was your reaction?ANGIE I got so mad ATTY. DULAY What did you do next if any?ANGIE I shouted from the outside I asked him “sino itong nagiiloveyou

sayo?!”INTERPRETER Interpret “sino tong nagiiloveyou sayo?”ATTY. DULAY What was his reaction?ANGIE He got so mad too and he started pushing me around, shouting at

me saying “Wag mo pakialaman yang cellphone ko!”ATTY. DULAY What did you say next if any?ANGIE I said nothingATTY. DULAY Why? Did you do anything?ANGIE I got a tabas when he was still taking a bathATTY. DULAY And what did you do with the tabas?ANGIE I hacked his neck with it when he was not facing me anymoreATTY. DULAY May I ask why did you do that?ANGIE I 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. DULAY Ate pakidagdagan na lang po..hehehe..thanks!ANGIEATTY. DULAY I am through with the witness, Your Honor.COURT Cross?PROS. LARANANG I have some questions Your HonorCOURT Proceed.

CROSS-EXAMINATION BY PROS. LARANANGPROS. LARANANGANGIEATTY.DULAY Redirect (if there’s any)PROS. LARANANG Re-cross (if there’s any)COURT ORDER:

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 10

2nd WITNESS FOR THE DEFENSEALEX GONZALES

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



COURT Appearances?PROS . LARANANG For the government, Your Honor, we are ready.ATTY. OCTAVIANO For the government under the supervision and control of the Public


stand Alex Gonzales.COC On 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?ALEX Yes, Ma’am.

23

INTERPRETER Please state your name, age and other personal circumstances.ALEX ALEX GONZALES, 20 years old, single and a resident of Brgy. Dili,

Bauang, La Union.INTERPRETER Your witness, Atty.DulayATTY. DULAY We 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?ALEX 20 Ma’amATTY. DULAY Are you the child of Angelina Gonzales?ALEX YesATTY. DULAY Are you the eldest amongst your siblings?ALEX YesATTY. DULAY Are you allowed access in the master’s bedroom?ALEX Yes ATTY. DULAY Are there any other persons in the house?ALEX YesATTY. DULAY Who are they?ALEX My two other siblings Ma’am.ATTY. DULAY How do you describe the relationship of your parents before?ALEX They were sweet and happyATTY. DULAY Did you notice any changes in the relationship?ALEX YesATTY. DULAY What changes did you notice?ALEX YesATTY. DULAY When did the changes start?ALEX They were not happy, they often fight, my mother do not trust my

fatherATTY. DULAY What are the circumstances that led to the changes?ALEX It started when my father was able to get a mobile phoneATTY. DULAY How do you feel towards your father?ALEX I fear him so muchATTY. DULAY Why?ALEX He became so irritable over little thingsATTY. DULAY Ate Diane, pakidagdagan na lang.. thanksALEXATTY. DULAY I am through with the witness, Your Honor.COURT Cross?PROS. LARANANG I have some questions Your HonorCOURT Proceed.

CROSS-EXAMINATION BY PROS. LARANANGPROS. LARANANGANGIEATTY.DULAY Redirect (if there’s any)PROS. LARANANG Re-cross (if there’s any)COURT ORDER:

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 11

3rd WITNESS FOR THE DEFENSE

24

ATHENA TUDRAN PIMENTELMay 31, 2010




COURT Appearances?PROS . LARANANG For the government, Your Honor, we are ready.ATTY. OCTAVIANO For the government under the supervision and control of the Public


stand Alex Gonzales.COC On 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?ALEX Yes, Ma’am.INTERPRETER Please state your name, age and other personal circumstances.ATHENA ATHENA PIMENTEL, 37 years old, married and a resident of Brgy.

Dili, Bauang, La Union.INTERPRETER Your witness, Atty.DulayATTY. DULAY We 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)

ATHENAATTY. DULAYATTY. DULAY I am through with the witness, Your Honor.COURT Cross?ATTY. OCTAVIANO I have some questions Your HonorCOURT Proceed.

CROSS-EXAMINATION BY ATTY. OCTAVIANOATTY. OCTAVIANOATHENAATTY.DULAY Redirect (if there’s any)ATTY. OCTAVIANO Re-cross (if there’s any)COURT Is 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. KESIP No objection Your Honor to the documents offered. COURT Okay, 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 12

HEARING OF REBUTTAL EVIDENCE

25

June 3, 2010



People of the Philippines versus Angelina GonzalesFor Parricide under Art. 246 of the RPC for the presentation of rebuttal evidence by the Prosecution.

COURT Appearances?PROS. LARANANG For the government, Your Honor, we are ready.ATTY. OCTAVIANO For the government under the supervision and control of the Public


stand Alex Gonzales.PROS. LARANANG Your Honor, we may manifest that we have no more witness to

present our rebuttal.COURT Okay, 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:

PARRICIDEANGELINA GONZALES

Accused x - - - - - - - - - - - - - - - - - - - x

to: ANGELINA GONZALES. Barangay Dili, Bauang,LA UNION

PROS. JOCELYN M. LARANANG Prosecutor’s Office, Bauang, LA UNION

GREETINGS:

26

Please be notified that the above-entitled case is set for PROMULGATION OF DECISION before the court on the 14 th day of July, 2010 at 9:00 o’clock 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 17 th day of June, 2010.

VICTORIA ORDOÑO Branch Clerk of Court

SETTING 13

PROMULGATION OF JUDGMENTJuly 14, 2010



People of the Philippines versus Angelina GonzalesFor Parricide under Art. 246 of the RPC for PROMULGATION OF JUDGMENT.

COURT Appearances?PROS. LARANANG For the government, Your Honor, we are ready.ATTY. OCTAVIANO For the government under the supervision and control of the Public


stand Alex Gonzales.COURT Is the accused present?

COC She is present Your Honor.COURT Read the decision.ATTY.DULAY May we pray Your Honor that only the decretal portion of the

Decision will be read?COURT Okay. Read only the wherefore clause.COC 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.

Sgd. LOVELLA MAY HULIGANGAJudge

27

Republic of the PhilippinesREGIONAL TRIAL COURT

First Judicial RegionBranch 33

Bauang, La Union

THE PEOPLE OF THE PHILIPPINES Plaintiff

CRIM. CASE No. 8032-versus- FOR:

PARRICIDEANGELINA 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. LARANANG4th 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. Here’s 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

28

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..mwahmwahmwah” Because 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.

COURT’S 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-à-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 accused’s 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 HULIGANGAJudge

29

Script Law Prac 2-Parricide Feb 18

Documents