BENDAEN, JAMES P.

4B

Republic of the Philippines

REGIONAL TRIAL COURT
FIRST JUDICIAL REGION
BRANCH 23
Baguio City
The People of the Philippines
CASE NO. 2344

CRIMINAL

Plaintif
-versusFor: Less Serious Physical
Injuries and Abuse of
Authority.
NORMAN TORREGOSA
Accused
x--------------------------------------------------------------x
Court
Clerk of
Court

: Call the case

: People of the Philippines Vs. Norman Torregosa
Criminal Case No. 2344 for: Less Serious Physical
Injuries and Abuse of Authority.
Accused NORMAN TORREGOSA commits a crime
of less serious physical injuries, Art. 265,
committed as follows:
That on or about 11:00 oclock in the morning on
April 13, 2011 in Barangay Aurora Hill, Baguio
City, Philippines, within the jurisdiction of this
court, the said accused, did then and there
willfully, unlawfully, and feloniously attack,
assault,
and
wounded
one,
BALDOMERO
MONREAL, JR. by then and there paddling his
back with a steel pipe, thereby inflicting the latter
closed wound on his upper back, which injuries
have require medical attendance for a period of
ten to thirty days, and will incapacitate him from
performing his customary labor for the same
period of time.
That the accused is a person in authority or a

BENDAEN, JAMES P.
4B

public officer being a Barangay Captain.

Contrary to law.
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: Appearances of the Prosecution

:
Atty. Reagan Bolando
Assistant Prosecutor
Atty. Jesrel Bolanio
2nd Assistant Prosecutor
Atty. Basilito Robles
Private Prosecutor
: Appearance of the Defense
:
Atty. Harold Bayracal
Atty. Maria Theresa Lim
Atty. Michael Ligalig
: Submitted to the honorable court the additional
affidavit of Artemia Robles
: Who is your 1st witness?
: Baldomero Monreal, Jr.
: Are you ready?
: Yes
: Call your witness
: May we call Baldomero Monreal, Jr. to stand in the
witness stand
: Raise your right hand. Do you swear or affirm to
tell the truth, the whole truth, and nothing but the
truth?
State your personal circumstances.
: I do. I am Baldomero Monreal, Jr. Single, Jobless
: We offer the testimony of the witnesscomplainant to prove that the accused committed
the crime upon this person.
Mr. Witness, for the record, please state your
name, status, job, and residence.
: I am Baldomero Monreal, Jr., 23 years old, jobless
and a resident of Aurora Hill, Baguio City.
: How long have you been staying at Aurora Hill,
Baguio City
: Since birth
: How many years?
: 23 years
: Where were you on April 13, 2011?
: At Jades house

BENDAEN, JAMES P.
4B

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: What were you doing?

: Listening music from the FM radio
: What is the purpose of going there?
: To visit my sister and listen music
: Who were there?
: Brother,Bonifacio and 2 other friends of my sister
: Have you executed an affidavit?
: Yes.
: Showing this affidavit, marked as Exhibit B, Whos
signature is this?
: Mine.
: How is this affidavit related to you?
: Same affidavit I made.
: We manifest that the witness identified the
signature found in the affidavit. We pray that this
signature be mark as Exhibit B-1
: Mark it
: To whom did you execute this affidavit?
: To Atty. Reagan Bolando
: Whose signature appearing in the affidavit?
: His signature
: How did you know that this signature is his?
: I was there when he affixed his signature
: We pray that the signature appearing above the
name ofAtty. Bolando be mark as Exhibit B-2
: In Item No. 2, You have said that you have a
verbal tussle with your sister
: When my sister requested me to transfer the
frequency of the raido, that causes our verbal
tussle
: When your sister got angry, what was your
action?
: I went out to stop the mode of argument or verbal
tussle
: Where did you go?
: I went to the plaza?
: How far is your plaza?
: 30 meters

BENDAEN, JAMES P.
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: When you went out, who did you met?

: I was just surprised that Brgy. Captain Torregosa
approached me instantly and without provocation
I was attacked.
: Torregosa confronted you with a steel pipe?
: After kicking my feet he paddled my back with
steel pipe/
: What was your reaction when he paddled and
kicked you?
: Objection! The question is misleading.
: If it is alleged in the affidavit, the question is not
misleading.
: What was your reaction when he paddled and
kicked you?
: I have no time to react, I immediately fell down,
: How did you defend?
: I was not able to do so because he hit me first. I
was injured.
: What did you do with the steel pipe?
: As far as I could remember. I fell down and I could
mo longer recall
: Did he do something else?
: No more
: After that incident, what happened?
: My sister & brother came to rescue and brought
me to the municipal health center
: How long did you stay?
: For 30 mins.
: After 30 mins, where did you go?
: My sister and brother brought me to the Baguio
General Hospital
: What did the physician say?
: The attending Physician, I should be admitted.
: For how many days?
: Objection! It was not alleged in the affidavit.
: How many days?
: 7 days

BENDAEN, JAMES P.
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: After your confinement, what did the doctor

advised you?
: To gain full recovery, I should take time to rest for
15-30 days.
: How long?
: 15-30 days
: How did you know the accused?
: I know him because he is our Brgy. Captain
: If the accused is in the court, can you point him?
: That one!
: The Witness is pointing Norman Torregosa
: How long is he a Brgy. Captain?
: For two terms
: How are you related with the accused?
: Objection! The Question is irrelevant
: Sustained!
: We would like to ask how are they related to know
if there is a conflict between them/
: Thats all for the Witness

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CROSS-EXAMINATION
Defense, ready for cross?
Yes. May I approach the witness?
Proceed
Who were inside the house of Jade?
Bonifacio and 2 other friends
Can you name the other 2 friends?
Objection! It is not stated in the affidavit

: He testified. He may ask the name.

: We withdraw!
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Witness may answer

I do not know their names, maybe my sister does.
What were they doing?
When I arrived, they are just talking and I just
turned the radio on.
: You said that there was a verbal tussle with Jade;
you added that there was rising of voices? Do you
think that the raising of voices was heard by your
neighbors?
: Objection! It is asking for the opinion

BENDAEN, JAMES P.
4B

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: Sustain!
: Withdraw!
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How far is your sisters house to Torregosas?

Around 200 meters
How far us 200 meter, estimate.
From here to capitol
After the verbal tussle, you went to the plaza.
What did you do?
I did not do anything. I just left the house to cut
off the verbal tussle, to my surprise Brgy. Captain
was there.
He was already there?
No. We just encountered at the same way.
Is it correct that you saw the Brgy. Captain
approaching you?
Ive seen him in surprise. Adversarial approach.
You also alleged that he lifted your neck using a
steel pipe
Not purely lifted. After kicking my feet struck my
back, I fell down. Thats all as far as I can recall
You said in you affidavit that without any
provocation lifted my neck using a steel pipe and
then kicked my feet and paddled my back using
the same object. Are you saying that this is not
correct?
It is correct.
You said a while ago that not lifted with a steel
pipe
Term may be confusing. I was injured because of
the steel pipe
Just to put in the record, you were saying that not
lifted your beck using a steel pipe?
I cannot exactly recall.
Said a while ago, during the time of the attack,
you were unemployed?
Yes!
Thats all
RECESS