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CRIMINAL CASE NO. 05-0433

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REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
BRANCH 199
Las Piñas City

PEOPLE OF THE PHILIPPINES,

- vs. - CRIMINAL CASE NO. 05-0433

PIOLO CRUZ y LLOYD,

Accused.

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

PRESENT IN THE COURT:

Hon. Josèlito dj. Vibandor

Presiding Judge

(insert SURNAME)
Clerk of Court

x - - - - - - - - - - - - - - - - - - - - - - -x
APPEARANCES:

x - - - - - - - - - - - - - - - - - - - - - - -x
WITNESS:
Mrs. BBB (mother of the complainant Ma. Elena)
(Jacelud A. Jocson-Tan / Chola Castillo)

CROSS EXAMINATION
CLERK OF COURT:
PUBLIC PROSECUTOR:
DEFENSE COUNSEL:

CLERK OF COURT (insert SURNAME)

All rise for the Honorable Judge Vibandor. Let us
pray first. (Prayer)

Almighty God, we stand in Your Holy Presence as our

Supreme Judge.
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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 become effective
channels of truth, justice and peace.

In our proceedings today, guide us in the path of

righteousness for the fulfillment of Your greater
glory.

Amen.

COURT
Thank you, good afternoon. This court is now in
session. Please call the case.

CLERK OF COURT (STEPHANIE SY)

For cross examination. PP vs. Piolo Cruz y Lloyd,
Criminal Case No. 05-0433 for
_____________________________.

Appearance for the prosecution and the defense.

COURT
Appearances?

PUBLIC PROSECUTOR (insert SURNAME)

Good afternoon Your Honor I am Atty. ______________
appearing as the public prosecutor for the people.

COURT
For the defense.

COUNSEL FOR THE DEFENSE (insert SURNAME)

Good afternoon Your Honor I’m Atty. _____________
counsel for the defense.

COURT
Ready for cross examination?

COUNSEL FOR THE DEFENSE (insert SURNAME)

Ready Your Honor.

COURT
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Where is the witness?

WITNESS (insert SURNAME)

Here Your Honor .

CROSS-EXAMINATION OF WITNESS MRS. BBB PASCUAL

BY THE DEFENSE COUNSEL

DEFENSE COUNSEL (insert SURNAME)

Hi Mrs. BBB.
Q Please state your profession or what do you do for
living madam witness?

WITNESS (insert SURNAME)

A I am a housewife. I sometimes sell kakanin to help

my husband in light of our family’s growing financial
needs.

Q How you are again related to the complainant?

A I’m her mother.

Q Are you her biological or adoptive mother?

PUBLIC PROSECUTOR (insert SURNAME)

Objection.

COURT
Why?

PUBLIC PROSECUTOR (insert SURNAME)

Irrelevant your honor

Court
Defense Counsel what is the purpose of that
question

DEFENSE COUNSEL (insert SURNAME)

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The question is relevant your Honor the counsel

would like to illicit from the witness that if she
is not the biological mother the rape was probably
a made-up story.

Sustain / Overrule

DEFENSE COUNSEL (insert SURNAME)

Q How was your relationship with your daughter?

A We are just like any other mother and daughter

Q Please explain that madam witness or at least

describe the relationship you have with your
daughter

Q What kind of child is Ma. Elena? Is she a happy kid

or a silent type?

PUBLIC PROSECUTOR
Leading!

COURT
Sustain / Overrule

DEFENSE COUNSEL
Q How are you related to the accused?

A Piolo is my nephew. He is the son of my

____________________.

Q How was the relationship of your daughter with his

cousin Piolo? Are they close?

A No attorney since Piolo is older than my daughter

they don’t usually get along

Q How about Piolo’s parents? Are they close with your

family?
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PUBLIC PROSECUTOR
Objection! Irrelevant!

COURT
What is the purpose of that question counsel?

DEFENSE COUNSEL

COURT
Sustain/ Overrule

Q Madam witness, please state again where were you on

23 November 2003?

A I was at our home in 399 Interior Real St. Pulang

Lupa I Las Piñas City in the morning and thereafter
at my grandfather’s house in the afternoon.

Q Who was with you in the morning of 23 November 2003?

A My children Atty.

Q Can you still recall what time you left your home
to go to your granfather’s house?

A Before lunch time.

Q Last hearing you’ve mentioned that you brought your

children with you at your grandfather’s house. How
come your daughter was allegedly raped by his cousin
Piolo?

A When we were already at my grandfather’s residence

I allowed my children to play outside.

Q How many children do you have madam witness?

A three
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Q How old are they at the time the alleged rape took
place?

Q Did you bring your three children with you at your

grandfather’s house.

A No Atty. Just two of my children.

Q Do you think at their young age they can be left

outside the house without any supervision of an
adult?

A Yes attorney. I thought they were just inside the

compound.

Q Madam witness, is your grandfather’s house far from

your home?

Q That time when your children were outside of your

grandfather’s house, What are you doing?

A I attended the needs of my grandfather

Q Did you not bother to check them outside?

A No attorney. As I’ve said I was so busy attending

the needs of my grandfather.

Q Can you recall what time did you leave your

grandfather’s house?

A I cant remember the exact time but it’s already in

the afternoon.

Q Who was with you when you went home?

A I’m alone attorney.

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Q Madam witness, why did you not bother to look for

your children before going home?

A With all honesty attorney. I looked for my children.

I even asked my cousin (insert NAME) if she saw them
leaving.

Q Where are your children?

A When I went home my children were already there.

Q Including your daughter Ma. Elena?

A Yes attorney.

Q Do you notice something unusual to Ma. Elena?

A No attorney.

Q What specific area in your home you find your

daughter?

A At the corner of our living room. . .seating.

Q What was the next thing you did?

A The usual. I cooked and prepared our dinner

Q What about your daughter? Did she play with her

siblings while waiting for the dinner?

A No attorney. She was just quietly seated there.

Q Having noticed that, did you not worry?

A No attorney. I thought my daughter was just tired.

Q Previously, you said that, that same night you bathed

your daughter. Did you observe something unusual?
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A Yes attorney. I noticed that her vagina was swelling.

Q Were you able to ask her what happened to her

vagina?

A No, she pushed my hands away from her.

Q What happened next?

A Nothing, I just ignored it.

Q Earlier you said that your daughter was only seven

years old at that time. Why did you not bother to
find out what happened to her vagina?

A I was worried then, but I didn’t know that was

something tragic, that someone fingered my daughter.

Q What do you mean? What were you thinking upon seeing

her swollen vagina?

A I just thought that it was just an allergic reaction.

Q Why?

A Before, she had an allergy in her vagina when I

changed our fabric conditioner.

Q Okay. Can you still remember changing the fabric

conditioner that time?

A I can no longer remember Atty. Again, I was so

preoccupied at that time because of my grandfather’s
sickness simultaneous with our financial problems.

Q During that night do you remember where your husband

was?

A He’s with us your Atty. I also recalled that he had

dinner with us.
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Q How does your husband find out that your daughter

was fingered by her cousin Piolo?

Q Is your daughter closer to you than your husband, or

the other way around?

A She is closer to her father Atty.

Q So why did you accompany your daughter instead of

your husband?

Q Based on the information the alleged rape happened

on November 23, 2003 but you and your daughter
complaint about the alleged rape only on 16 February
2004. Why did it take you more than 2 months to file
a complaint?
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Note: Purpose of these questions, to impeach prosecution

witness. Introducing evidence of his bias or interest,
such as his relationship to a party, or financial gain
as well as of his motive or intent.

Q. Before you reported the alleged rape to the Police

on February 16, 2004, was there anything unusual that
happened? What was it if any?

A. Yes. Sometime on January 2004, the electricity in

our house was cut off.

Q. Do you know the reason why your electricity was cut

off?

A. Yes.

Q. What was the reason?

A. Because we did not agree to pay excess payment of

150pesos demanded by YYY for the use of the electricity.

Q. Why do you have to pay YYY for the use of your

electricity?

A. Because we connect through an extension wire from

the house of YYY to have electricity.

Q. What was the reason for the demand of the additional

150pesos?

A. YYY claims that we use too much electricity because

we iron many clothes and then proceeded to demand from
us additional payments. Then after several days after
that demand our electricity was cut off and when we
confronted YYY why our electricity was cut off they said
that maybe the extention cord was defective or was being
pulled. I said that is impossible our extention cord is
not defective.

Public prosecutor:
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Objection. The witness is narrating.

Court.
Sustain/overrule

Q. What did that event made you feel?

A. It made me feel angry at YYY.

Q. Under what circumstances did you come to know YYY?

A. She is my _______ sister?

Q. What is her relationship with the accused Piolo

Lloyd y Cruz, if any?

A. Piolo Lloyd y Cruz is the son of YYY.