1

Group 3
TRIAL PROPER

(Edgar Pablico)
HON. ERVICIO A. PUBLICO
Presiding Judge

ATTY. REIN VINDICATORIA MRS. TUTTIE FRUITIE MRS. EMMA-LOU RODRIGUEZ

Clerk of Court Court Interpreter Court Stenographer

APPEARANCES:

(Gilbert Mendova) (Bienvenido Probadora)

ATTY. DESPACITO VIGILANTE ATTY. BERTO MAMERA ATTY. BIEN AFFLECK
For the State For the Respondent For the Plaintiff

WITNESSES

For the Plaintiff

(Claire Maico)
MARIA CLARA M. MAICOMAYOR

ELA MARIA LABIS

For the Respondent

(Steve Maico)
MIGUEL M. MAICOMAYOR

MELSON MAANGAS
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PRESENTATION OF THE 1ST WITNESS FOR THE PLAINTIFF

MARIA CLARA M. MAICOMAYOR

All Rise.
WITNESS, the Honorable Judge Ervicio Publico, Presiding. Silence is hereby enjoined.
PRAYER: Almighty God, we stand in your Holy Presence as our Supreme Judge. We
humbly beseech You bless and inspire us so that what we think, say and do will be in
Clerk of Court 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
fulfillment of Your greater glory. AMEN.
(Stamp gavel) Sit
Judge
Call the case.
Civil Case No. 042013
Clerk of Court Maria Clara M. Maicomayor versus Miguel M. Maicomayor for LEGAL SEPARATION
(under par 6 Article 55 of the Family Code).
Judge Appearances?
Atty. Vigilante Entering my appearance for the State, your Honor.
Atty. Mamera Appearing for the respondent, Your Honor.
Atty. Affleck Respectfully appearing for the petitioner, Your Honor. We are ready.
Judge Call your witness
Atty. Affleck May we call on the plaintiff Mrs. Maria Clara Maicomayor to the witness stand.
Judge Swear the witness.
Raise your right hand. Do you swear to tell the truth, the whole truth and nothing but
Interpreter
the truth in your testimony?
Maria Clara I do.
Interpreter Please state your name and other personal circumstances.
I am Maria Clara Maicomayor, 34 years old, married, a police woman and a resident
Maria Clara
of West Fairview, Quezon City.
Atty. Affleck With the kind permission of the Honorable Court.
Judge Proceed.
We are offering the testimony of this witness Your Honor to prove the material
allegation in her Petition, to state that she is married to Miguel Maicomayor; she will
Atty. Affleck prove that her husband is a homosexual and the circumstances relating to such
homosexuality; she will also testify on the complaints in the petition and to identify
pertinent documents, Your Honor.
Judge Any comment from the defense counsel to the offer?
Atty. Mamera We reserve our right to conduct cross-examination, Your Honor.
Judge Proceed.

DIRECT EXAMINATION BY ATTY. BIEN AFFLECK (MARIA CLARA MAICOMAYOR)

Madam witness are you the same MARIA CLARA MAICOMAYOR, the petitioner in this
Atty. Affleck
case?
Maria Clara Yes, Sir.
Atty. Affleck Is this the copy of the Petition that you filed?
Maria Clara Yes, Sir.
Atty. Affleck There is a signature appearing on page 4, whose signature is this?
Maria Clara My signature, Sir.
Atty. Affleck May I pray, Your Honor, that plaintiffs Petition be marked as our Exhibit A.
Judge Mark it.
 3

Atty. Affleck How are you related to Miguel Maicomayor?

Maria Clara He is my husband, Sir.
Atty. Affleck Do you have any proof that youre indeed husband and wife?
Maria Clara Yes, sir.
Atty. Affleck What is your proof that both of you are legally married?
Maria Clara Our marriage certificate, Sir.
Showing to you this marriage certificate, will you kindly tell this honorable court if
Atty. Affleck
this is the same marriage certificate you are referring to?
Maria Clara Yes, sir. This is the proof of our relationship as husband and wife.
Atty. Affleck May I request Atty Mamera to admit the genuineness of the said document.
Atty. Mamera Yes. We admit.
Atty. Affleck Your Honor, May we pray that this marriage certificate be marked as Exhibit B.
Judge Mark it.
Atty. Affleck Madame witness, where is your husband residing right now?
He is residing there at our house in Brgy. Ampid, San Mateo, Rizal, together with
Maria Clara
hishis LOVER, sir!
OBJECTION! Your Honor, the witness has no basis to say that her husband is living
Atty. Mamera
with another person because it is not alleged or pleaded in the issue.
Judge Sustained! (to the court stenographer) Ms. Rein, strike out the last answer.
Atty. Affleck May I continue, Your Honor?
Judge Proceed.
Atty. Affleck How about you where are you residing right now, madam witness?
Maria Clara I now reside at my parents house in West Fairview, Quezon City, Sir.
How long have you resided in West Fairview, Q.C. prior to the filing of this petition,
Atty. Affleck
Madam witness?
Maria Clara More than six months already, Sir.
Atty. Affleck Do you have children?
Witness 1 Yes, Sir.
Atty. Affleck How many?
Maria Clara One, sir.
Atty. Affleck How old is the child?
Maria Clara She is 2 years old, sir.
Atty. Affleck Do you have your childs Birth Certificate showing that you are the mother?
Maria Clara Yes sir.
Atty. Affleck May I pray, Your Honor, that the document be compared with the photocopy.
(After looking at the original and photocopied documents) Yes, Your Honor, the
Atty. Mamera
photocopy is a faithful reproduction of the original.
Atty. Affleck May I pray that this Xerox copy of the Birth Certificate be marked as Exhibit C.
Judge Mark it.
Madam witness, how long were you married to respondent before you decided to
Atty. Affleck
live with your parents?
Maria Clara About 4 years, Sir.
During those four years or at the time when you and your husband were still living
Atty. Affleck
together, will you describe your husband, his character towards you and your child?
Atty. Mamera Objection, Your Honor. Counsel is asking a compound question.
Judge Sustained!
Let me rephrase, Your Honor. Madam witness, how do you describe the first few
Atty. Affleck
years of your marriage with your husband?
During the first 2 years of our marriage, we were happily in love. I was still part of the
National Dragon Boat Team at that time and I remember that he would always come
Maria Clara to my practices and would encourage me to train harder and become more
muscular. I thought that was because he really loved and supported me but now that
I think about it, it was all because he wanted me to look like a man!
 4

Atty. Mamera Objection, Your Honor! Witness is again speculating!

Judge Sustained. Madam witness, stick to the facts.
Maria Clara But its true, Your Honor!
(Taps gavel) Madam witness, I will not repeat again, or I will hold you in contempt.
Judge
Understood?
Maria Clara Yes, Your Honor. Im sorry.
Judge Ok, proceed.
Atty. Affleck What changed after those first 2 years of happy marriage, Madam witness?
Well, I became pregnant and so I had to stop training for my sport as a police athlete.
I became fat and that was the time that he started to get busy with other things.
Maria Clara
Suddenly he didnt have time for me anymore. He wasnt even there when I gave
birth to our child saying that he had more pressing things to do at the office.
Atty. Affleck What happened then?
I thought that he was just really busy and stressed with work as he said. And being a
policewoman myself, I understood. I thought that he will eventually go back to being
Maria Clara
supportive and loving when he saw our child, but he continued to miss important
family events with exactly the same reasons.
Atty. Affleck Is there anything else?
Yes sir, he also started to resist my affections towards him. He refused to have sex
and whenever I would ask why, he would simply say that he was just tired from the
Maria Clara
work hes doing with his new partner from work named Melson Maangas. That was
the time when I began to have serious doubts regarding his sexuality, Sir.
Atty. Affleck What made you say that, Madam witness?
Maria Clara Because there were other instances, Sir.
Atty. Affleck What other instances?
There was a time sir, when I came home early from work I caught him watching a
Maria Clara
homosexual pornographic video.
Atty. Affleck What did you do after seeing him watch the video, Madam?
I confronted him about it, sir. He told me that he was merely studying it for a case
Maria Clara that they were about to operate on, and the details of which were confidential so I
did not press anymore.
Atty. Affleck Were you able to get a copy of the video?
Yes sir, after the incident, I asked my husband if I could watch it because I thought
Maria Clara
the movie was related to my sport and he grudgingly agreed.
Atty. Affleck Why did you think that the movie was related to your sport?
Maria Clara Because it was entitled SAGWANAN, sir.
Madam witness, I have here with me a dvd entitled SAGWANAN 2016. Is this the
Atty. Affleck
video you were referring to?
Maria Clara Yes, sir. Same video.
Your Honor, may we pray that this object evidence be marked as Exhibit D as
Atty. Affleck
previously marked during the preliminary conference.
Judge Mark it.
Madam witness, can you please describe before the court the things that you have
Atty. Affleck
seen in this video?
Well, first of all, it was not about the sport of Dragon Boat. It was a series of graphic
Maria Clara
sexual intercourse of a boatman with other boatmen using paddles.
Your Honor, I would like to move that this video be played before the court to
Atty. Affleck
validate its content.
Atty. Mamera Objection on the ground of decency, Your Honor!
Sustained! Counsel, this is not the proper place to watch such video. I will just
Judge
personally view and study it in my chambers.
Yes Your Honor, let me know when you do so we can watch it together. Ahem, may I
Atty. Affleck
proceed?
 5

Judge Continue.
Madam witness, were there any other instances that led you to doubt your
Atty. Affleck
husbands sexuality?
Yes sir, last Valentines day sir, I really wanted to restore the flame of our marriage so
I bought candles and rose petals to embellish our room. But as I was preparing our
Maria Clara room for the occasion, I discovered a photo of a naked man behind my husbands
study table. At the back of the photo was a love letter addressed to my husband and
signed by a certain Mel.
Atty. Affleck Madam witness, do you know who the naked man in the photo is?
Maria Clara Yes, Sir.
Atty. Affleck Who is he, madam witness?
Maria Clara He is Melson Maangas, sir, my husbands partner in the PNP.
Atty. Affleck How do you know Melson Maangas?
I know him because he and my husband are always together at work, they are almost
Maria Clara
inseparable!
Madam witness, is this the photo with the writings at the back that you found in your
Atty. Affleck
room addressed to your husband?
Maria Clara Yes, sir. That is it.
Atty. Mamera Your Honor, may I inspect the written instrument shown to the witness?
Judge Go ahead.
Atty. Affleck May I proceed, Your Honor?
Judge Proceed.
To continue, Madam witness, can you please read to us the contents of the love
Atty. Affleck
letter at the back of the photo?
Yes, sir. It reads: My dearest Iggy-biggie, I love what happened last week, hope to
Maria Clara
see you again, my love, Yours Always and Forever, Mel.
May we pray, Your Honor, that this photo and the writings hereof be marked as
Atty. Affleck
Exhibit E and E-1 as previously marked in the Pre-Trial Brief.
Objection, Your Honor. The due execution and authenticity of the said document has
Atty. Mamera
not yet been proved!
But Your Honor, the private documents due execution and authenticity is deemed
Atty. Affleck
admitted when respondent failed to specifically deny it in his Answer.
Overruled. Mark it. (to Atty. Mamera:) Counsel, pls review your documents before
Judge
making senseless objections. Is that clear?
Atty. Mamera Yes. Sorry, Your Honor.
Judge (to Atty. Affleck) Continue, counsel.
Atty. Affleck Madam witness, what did you do after finding the photo?
I kept it, Sir, and was planning to confront my husband with it that night but my
Maria Clara
husband never came home. I was calling and texting him but he never responded.
Atty. Affleck What happened then?
Afterwards, I received a text from my childhood friend Ela Marie Labis that night
stating that she just saw my husband enter Hotel Sago-Sago with his arms around a
Maria Clara
ruggedly handsome man. I wanted to go there and find out for myself but I could not
leave our 2 year old daughter by herself.
Atty. Affleck What happened after that, Madam witness?
When my husband came home the next morning, I asked him where he was last
night and he just shrugged and said that it was work-related and that I should try not
Maria Clara
to be too nosy. I wanted to ask him also about the photo but he clearly shut me out.
So I just waited.
Atty. Affleck Waited for what, madam witness?
Maria Clara Waited for a chance to find out for myself if he really is gay.
Atty. Affleck And were you able to get the chance, Madam witness?
Maria Clara Yes sir. That night, when my husband was on his way to work for his nightshift
 6

duty, I followed him.

Atty. Affleck What happened during that night, madam witness?
Atty. Mamera Objection, Your Honor. The answer calls for a narration.
Judge Sustained. Counsel, please be specific.
Let me rephrase, Your Honor. Madam witness, on February 15, 2016, what happened
Atty. Affleck
when you decided to follow your husband to work?
Well that night, I got into my motorcycle and trailed my husbands car until it
Maria Clara stopped at the parking lot in front of his office in Camp Karingal. I then saw my
husband alight his vehicle and board a red KIA sedan parked nearby.
Atty. Affleck And then what happened?
I noticed a male driver sitting in front of the sedan through the non-tinted
Maria Clara
windshield. After that I was shocked when I saw them kiss each other on the lips.
Atty. Affleck Is the driver of the KIA sedan Melson Maangas?
Atty. Mamera Objection! Leading question, your Honor.
Judge Sustained!
Atty. Affleck Do you recognize the face of the driver of the KIA sedan, madam witness?
I could not, your Honor, but I believe it is Melson Maangas because he also drives a
Maria Clara
red KIA sedan.
Atty. Mamera Objection, Your Honor. The witness is again speculating.
Judge Overruled! Witness may express her observation on the matter.
Atty. Affleck Thank you, Your Honor. That will be all for the witness.

CROSS EXAMINATION BY ATTY. BERTO MAMERA (MARIA CLARA MAICOMAYOR)

Judge Cross-examination by the defense?

Atty. Mamera Just a few questions, Your Honor.
Judge Proceed.
With the kind permission of this Honorable court.
Madam witness, based on the evidences you gathered: the dvd video, the text
Atty. Mamera
message from your friend, the naked photo and love letter you found, you said that
your husbands common answer to all of them was that it was work-related isnt it?
Atty. Affleck Objection, Your Honor. The question is misleading!
Judge Sustained.
I will rephrase, Your Honor. Madam witness, what did you say your husbands reason
Atty. Mamera
was when you caught him watch the homosexual video?
Maria Clara Well, he said that It was for a case that they were studying for work.
So you did not think that it was possible that your husband is merely watching the
Atty. Mamera
video for a case?
Maria Clara Yes, I guess its possible.
Atty. Mamera Did you watch the video yourself, Madam witness?
Maria Clara Only a part of it, Sir.
Atty. Mamera Was it any good?
Atty. Affleck OBJECTION, Your Honor! Irrelevant!
Judge Sustained.
About the writings you saw on the photo, madam witness. Who is this supposed
Atty. Mamera
Iggie-Biggie that the letter was addressed to?
Maria Clara I believe that is my husband, sir.
Atty. Mamera You believe, meaning you are not sure?
Well sir, my husbands name is Miguel so I assumed Iggy is short for Miguel and that
Maria Clara
it is Mels term of endearment for him.
Atty. Mamera So you also assumed that Mel is Melson, is that correct?
Maria Clara But he has his picture---
Atty. Mamera Yes or no only, madam witness.
 7

Maria Clara Yes, sir. Based on the photo which was clearly Melson Maangas, I assumed.
So madam witness, since you assumed the same, is it also possible to assume that
Atty. Mamera
Iggie-biggie may refer to a different person?
Maria Clara Um, I guess its possible.
Also, on the night when you followed your husband from your house to catch him in
Atty. Mamera
the act, how did you know that it was a male driver, madam witness?
Maria Clara Well, because he had short hair and looked like a man.
So is it possible that the driver could also be a woman who had short hair but looked
Atty. Mamera
like a man?
Maria Clara No, it was definitely a man!
Is that because you are clearly biased and wanted to ruin the reputation of a straight
Atty. Mamera
man even if all your evidence are purely circumstantial?
Atty. Affleck Objection, Your Honor! The question is harassing, my client!
Judge Sustained!
Madam witness, you are saying that you are sure that it was a male driver but you
Atty. Mamera
are not sure if it was Melson Maangas, am I correct?
Maria Clara I told you that it was Melson Maangas because he is also driving a red KIA sedan!
Atty. Mamera Did you see the plate number of the red KIA sedan, madam witness?
Maria Clara No sir. It was too small, I could not decipher it.
So apart from the fact that Melson Maangas is also driving a red KIA sedan you have
Atty. Mamera no other proof that the red sedan you saw your husband get into was the same car
that Melson Maangas is driving?
Maria Clara None, sir.
Atty. Mamera No further questions, Your Honor.
Judge Re-direct from plaintiff?
Atty Affleck None, Your Honor.
Judge Thank you, Madam witness. you may now be excused. (to atty. Affleck): Any more
witness for the plaintiff, counsel?

PRESENTATION OF THE 2ND WITNESS FOR THE PLAINTIFF

ELA MARIE LABIS

Atty. Affleck Yes, Your Honor, may we call on Ela Marie Labis to the witness stand. And may I seek
permission for the oath to be translated in the vernacular for the benefit of the
witness, Your Honor.
Judge Granted. Miss Tuttie Fruitie, kindly swear the witness in the vernacular.
Interpreter With pleasure, Your Honor! Pakitaas ang iyong kanang kamay madam witness. Ikaw
ba ay nanunumpa na sabihin ang totoo at pawang katotohanan lamang?
Ela Marie Labis Opo, mam.
Interpreter Pakihayag ang iyong pangalan, edad at iba pang impormasyon tungkol sa iyong sarili.
Ela Marie Labis Ako po si ELA MARIE N. LABIS, 25 years old, saleslady at SM, nakatira sa Brgy.
Tunkgo, Bulacan, and sobrang single po, mga sir!
Interpreter Your Honor, the witness is ELA MARIE N. LABIS, 25 years old, saleslady at SM, a
resident of Brgy. Tunkgo, Bulacan, and very much single! Your witness, Atty.
Atty. Affleck We are offering the testimony of this witness Your Honor to corroborate the
testimony of Maria Clara Maicomayor about the text message she received from said
witness and to testify on other matters relative thereto, Your Honor.
Judge Any comment to the offer?
Atty. Mamera No comment, Your Honor.
Judge Proceed.

DIRECT EXAMINATION BY ATTY AFFLECK (ELA MARIE LABIS)

 8

Madam witness, is this the copy of the sworn statement that you executed regarding
Atty. Affleck
what you saw transpire on February 14, 2016 at around 11-11:30 pm?
Ateng, eto ba kopya ng sinumpaang salaysay na pinirmahan mo tungkol sa nangyari
Interpreter
nung Peb 14, 2016, bandang 11-11:30 ng gabi?
Ela Marie Labis Opo, sir.
Interpreter Yes, sir.
Atty. Affleck There is a signature appearing on page 3, whose signature is this?
Interpreter Kaninong pirma yung nakasulat sa huling pahina?
Ela Marie Labis Pirma ko po yan, sir.
Interpreter My signature, sir.
May I pray, Your Honor, that plaintiffs sworn statement and signature be marked as
Atty. Affleck
our Exhibit F and F-1 respectively
Judge Mark it.
Madam witness, it says here in your affidavit that you work at a market, but you told
Atty. Affleck
the court that you are a saleslady in SM. Which is true?
Sabi mo sa salaysay mo ateng na sa palengke ang trabaho mo pero binanggit mo
Interpreter
naman kanina na saleslady ka sa SM. Ano ba talaga???
Ela Marie Labis SM po. Sa Manukan. Dun po yun sa palengke sa Sta. Mesa, sir.
Interpreter SM sir. Short for: Sa Manukan inside the Sta. Mesa Market!
Atty. Affleck Saleslady at a market?
Interpreter Saleslady sa market?
Ela Marie Labis Opo sir, sells-lady: babeng nagbebenta ng itlog at manok. May problema kayo dun?
Interpreter Yes sir: SELLS-LADY, lady who sells eggs and chicken. You have a problem with that?
Atty. Affleck Ah no problem, Madam, Im just clarifying things. So what happened as you were on
your way home from SM that night?
No problem ateng! Eh over naman kasi pinasosyal-sosyal mo pa yung terms, SELLS-
Interpreter LADY ka lang pala sa manukan at di marunong mag-INGLESH. Anyway, ano ba
nangyari nung pauwi ka na galing sa manukan nung gabing yun?
Ela Marie Labis Nakita ko po ang crush ko nun kaya sobrang na-excite ako, sir.
Interpreter I saw my wonderful crush that night and that got me so kilig to the bones, sir!
Atty. Affleck What did you do upon seeing him?
Interpreter So anong gawa mo pagkakita sa kanya?
Ela Marie Labis Aba shempre bumaba po ako ng jeep para habulin siyakaso
Interpreter Of course, I immediately asked the jeep to pull over so I could run after himbut
Atty. Affleck What happened?
Interpreter Wag mo kami bitinin, te! Pagkatapos???
Ela Marie Labis Gumuho po ang mundo ko nung nakita ko po na may kayakap siya na lalaki! Tapos
po pagkatapos nila magyakapan dali dali po sila pumasok sa Hotel Sago-Sago sa
kanto ng magkahawak ang kamay!
Interpreter My whole world shattered when I saw him hug another man and they both entered
Hotel Sago-Sago HHWW!
Atty. Affleck Did you know the man he was hugging?
Interpreter Sino ka-hug nya te?
Ela Marie Labis Kilala ko po siya, sir! Siya po si Miguel Maicomayor, asawa po ng kababata ko na si
Maria Clara or MC, yun po kasi tawag ko sa kanya.
Interpreter I knew him, sir! He is Miguel Maicomayor, hubby of my childhood friendship, Maria
Clara, MC for short.
Atty. Affleck How do you know that he is the husband of Maria Clara?
Interpreter Panu mo nalaman na siya nga asawa ni MC, day?
Ela Marie Labis Eh shempre sir, friends din po kasi kami ni MC sa FB kaya alam ko ichura ng asawa
nya sa posts nya sa FB. Hello.
Interpreter Of course, MC and I are friends in fb and she posts her hubbys pictures there. Duhh.
 9

Atty. Affleck So what did you do after that?

Interpreter Ano next move mo, te?
Ela Marie Labis Aba shempre tinext ko po si MC nung gabi na yun dun sa nakita ko. Panaginip ko pa
naman na ako yung dalhin ni crush dun sa Hotel Sago-Sago. Ang sakit sakit, sir!
Interpreter Of course, I texted MC that night about what I saw. My dream to be brought by crush
to Hotel Sago-Sago crushed! Super ouchie, sir!
Atty. Affleck Is the person whom you saw your crush hug that night here in the courtroom, right
now?
Interpreter Andito ba yung panira ng panaginip mo, te?
Ela Marie Labis Opo sir!
Interpreter Yes sir!
Atty. Affleck Can you point to him?
Interpreter Ituro mo na itei!
Ela Marie Labis Ayun po siya sir, yung bading na asawa ni MC! (pointing to Steve)
Judge (Taps gavel) Madam witness, I forbid you to utter derogatory remarks in my
courtroom, do I make myself clear?
Interpreter Ateng, dont say bad words kasi
Ela Marie Labis Ok po. Sorry po judge.
Judge Continue, counsel.
Atty. Affleck How about your crush, madam witness, is he also here in court, right now?
Interpreter Andito rin ba si crush mo, ateng?
Atty. Mamera Objection, Your Honor! This crush is not a party to this case. Pointing fingers is not
necessary.
Judge Overruled. The witness is just being asked to confirm. You may answer madam
witness.
Ela Marie Labis Opo! Gusto nyo po halikan ko siya para malaman nyo kung nasaan?
Judge (Taps gavel) Order of the court! Madam witness, this court is not a place to show
your affections. One more act of disrespect and I will put you in contempt.
Interpreter Relax lang kasi, te. Wag mashado atat. Mamaya na at baka ikulong ka pa ni judge
Ela Marie Labis Ay, sorry na po judge.
Judge Any more questions, Counsel.
Atty. Affleck Just a few more, Your Honor.
Judge Proceed.
Atty. Affleck So madam witness, how did you meet this crush of yours?
Interpreter Pano mo nakilala si crush, te?
Ela Marie Labis Di po talaga kami nagmeet sir, pero una ko siya napansin nung bumili siya ng itlog sa
manukan ni boss. Nagkatinginan po kami ng matagal habang hawak ko ang itlog niya.
Este itlog po na bibilhin nya
Interpreter We were never really introduced personally, sir, but it was love at first sight when he
stared at me while I held on to his eggs that he bought!
Atty. Affleck How often do you see him at the market?
Interpreter Gaano mo siya kadalas nakikita sa palengke, te?
Ela Marie Labis Mga 2 times a week po. Akala ko po dati na kaya siya pabalik-balik sa manukan eh
dahil type nya ako, yun pala itlog lang talaga gusto niya! Huhuhu.
Interpreter About twice a week, sir. I thought the reason why he kept on coming back to SM was
because he also liked me. I was wrong! He just likes eggs!
Atty. Affleck Lastly madam witness, were you able to get the name of your crush after the
incident?
Interpreter So ateng, nakuha mo na ba name ni crush pagtapos ng nangyari?
Ela Marie Labis Opo sir, nalaman ko po nung sinabi sakin ni MC kung sino siya.
Interpreter Yes sir, MC told me.
Atty. Affleck And what is his name, Madam Witness?
Interpreter At siya ay si?
 10

Ela Marie Labis Melson Maangas, sir.

Atty. Affleck That would be all, Your Honor.

CROSS EXAMINATION BY ATTY. BERTO MAMERA (ELA MARIE LABIS)

Judge Cross?
Atty. Mamera Just a few questions, Your Honor. May I ask that the witness be again allowed to
speak in the vernacular, sir.
Judge Granted. But to save time, just input the translation later in the transcript, Ms.
Fruitie. You rest for now.
Interpreter Thank you, Your Honor. <hay salamat>
Judge Proceed, counsel.
Atty. Mamera Madam witness, when you saw your crush hug Mr. Maicomayor, did you not think
that perhaps they were merely hugging as partners or longtime friends?
Ela Marie Labis No sir. Amoy na amoy po talaga eh.
Atty. Mamera Were you not just consumed with passion for Melson Maangas that you immediately
jumped to conclusions?
Atty. Affleck Objection, question is very misleading and assumes facts not in evidence, Your
Honor!
Judge Sustained!
Atty. Mamera Ill change my question. Madam witness, what made you think that Melson Maangas
liked you?
Atty. Bien Objection, Your Honor! Relevance?
Affleck
Atty. Mamera Your Honor, I am just trying to establish the fact that this certain crush of hers may
have been after all seeking for her attention and not interested at all in the other sex.
Judge Overruled. You may answer the question, Ms. Labis.
Ela Marie Labis Eh kasi naman sir, makamandag lagi ang tingin nya sakin, tapos bigla siyang ngingiti
at pag nakita ko yung dimples nyahay sir! Makalaglag panty!
Atty. Mamera So you did not think at that time that he was gay, because of the way he looked at
you?
Ela Marie Labis Opo sir, parang ako lang po ang pinakamagandang babae sa buong mundo kapag
tinititigan nya ako
Atty. Mamera And when you saw him with Mr. Maicomayor, was there any difference with the way
he looked at you and the way he looked at him?
Ela Marie Labis Uh, di po ako sigurado sir, di naman po kasi ako ganun kalapit nung nakita ko sila.
Atty. Mamera Let me get this straight, madam witness, you were not that close to see the
expression of Melson Maangas, pero naamoy mo na bading siya?
Ela Marie Labis Ummm obvious naman po kasi sa actuations nila sir, eh.
Atty. Mamera What actuations are those, exactly?
Ela Marie Labis Yung pag-hug at pag-hold hands po nila.
Atty. Mamera So you dont think that straight men cannot hug or hold hands with each other the
way they did?
Ela Marie Labis Basta sir, may something talaga tapos papasok pa sila sa Hotel Sago-Sago! Siyempre
ano gusto niyong isipin ko?
Atty. Mamera You said that you and Maria Clara have been friends for a longtime. Correct?
Ela Marie Labis Childhood friends, sir. Kaya matagal-tagal na rin po kaming magkakilala.
Atty. Mamera And apart from the name of your crush, what other information were you able to
gather from Maria Clara or MC about him?
Atty. Affleck Objection, Your Honor! The question calls for hearsay evidence.
Judge Overruled. Answer the question, madam witness.
Ela Marie Labis Well, after po nung nangyari sabi nya po sakin na si Melson ko at yung asawa nya ay
mag-partner sa trabaho at sa kama
 11

Atty. Mamera And did you believe your friend, Madam witness?
Ela Marie Labis (hesitates) Opo, pero di ko pa rin tanggap Mula sa kaibuturan ng aking puso, ako po
dapat ang para kay Melson, sir!
Atty. Mamera No further questions, Your Honor.
Judge Re-direct from the plaintiff?
Atty. Affleck No more, Your Honor.
Judge Do you have any more witnesses to present, counsel?

FORMAL OFFER OF PLAINTIFF EVIDENCE (PETITIONER)

Your Honor, I have no more witness to present. I would like now to make our formal
Atty. Affleck
offer of evidence.
Judge Granted. You may formally offer your evidence now.
Thank you, Your Honor.
Your Honor, I respectfully offer our evidence as follows:
1. Exhibit A and A-1 the sworn statement and signature of the complainant
MARIA CLARA M. MAICOMAYOR
2. Exhibit B the marriage certificate between MIGUEL AND MARIA CLARA
MAICOMAYOR
3. Exhibit C the birth certificate of their child MALAYA MAICOMAYOR
4. Exhibit D, D-1 and D-2 The nude photo of MELSON MAANGAS, the
content of the writings and MR. MELSON MAANGAS signature thereof.
Atty. Affleck
5. Exhibit E the homosexual video entitled SAGWANAN
6. Exhibit F and F-1 the sworn statement of ELA MARIE LABIS and her
signature respectively, Your Honor.

With all the foregoing exhibits in addition to the oral testimonies of MARIA CLARA
MAICOMAYOR and ELA MARIA LABIS, the plaintiff hereby respectfully rests their
case.

Respectfully submitted.
Judge Any objection from the defense?
Exhibit F and F-1, the sworn statement of the witness ELA MARIE LABIS is objected
Atty. Mamera for being self-serving, Your honor.
As to other exhibits, no objection, Your Honor.
ORDER
The petitioners counsel manifested that it has no more witness to present.
Judge Petitioners counsel offered the Exhibits A to F and sub-markings. Such exhibits are
admitted as plaintiffs evidence considering that these exhibits are not disqualified
under the rules of evidence.
Judge Defense counsel, Are you ready to present your witness?
Atty. Mamera We are ready, Your Honor.
Judge Proceed. Okay, call your witness

PRESENTATION OF THE 1ST WITNESS FOR THE RESPONDENT

MELSON S. MAANGAS

Atty. Mamera May we call on the SPO3 MELSON MAANGAS to the witness stand.
Judge Swear the witness.
Raise your right hand. Do you swear to tell the truth, the whole truth and nothing but
Interpreter
the truth in your testimony?
Melson I do.
Interpreter Please state your name and other personal circumstances.
 12

I am Melson Maangas, 39 years old, single, a police officer and a resident of Cubao,
Melson
Quezon City.
Atty. Mamera With the kind permission of the Honorable Court.
Judge Proceed.
We are offering the testimony of this witness, Your Honor, to prove as a matter of
defense against the allegation in the Petition, and other facts to corroborate that
Atty Mamera
respondent, Miguel Maicomayor, is not a homosexual and that no romantic relations
exist between them;
Judge Any comment from the plaintiffs counsel to the offer?
Atty. Affleck We reserve our right to conduct cross-examination, Your Honor.
Judge You may now proceed.

DIRECT EXAMINATION BY ATTY. MAMERA (MELSON MAANGAS)

Mr witness, is this the copy of the sworn statement that you executed dated August
Atty. Mamera
19, 2016?
Melson Yes, sir.
Atty. Mamera There is a signature appearing on page 4, whose signature is this?
Melson My signature, sir.
May I pray, Your Honor, that plaintiffs sworn statement and signature be marked as
Atty. Mamera
our Exhibit 1 and 1-A respectively as previously indicated in our Pre-Trial Brief?
Judge Mark it.
Atty. Mamera Mr. witness, how well do you know the respondent, Miguel Maicomayor?
Melson I know him very well, sir because he is my buddy at work. Dami na po naming
napagdaanan.
Atty. Mamera How long have you known the respondent?
Melson About 2 years, when he was assigned at QCPD in our unit, sir.
Atty. Mamera So you became best friends after that?
Atty. Affleck Objection, Your Honor! The question is leading.
Atty. Mamera I just want to affirm their friendship, Your Honor.
Judge Overruled. Answer the question, Mr. witness.
Melson I consider him as a close friend sir. We get assigned in almost every case at work
together kaya lagi po kami magkasama.
Atty. Mamera I see. So as close friends, you were able to tell each other a lot about your personal
issues?
Yes sir. Lagi nga pong nirereklamo ni Miguel ang asawa niya dahil napaka-selosa
Melson
daw po. Kahit ako pinagseselosan.
Atty. Affleck Objection, Your Honor. Answer is hearsay and should be stricken off the record.
Overruled! Counsel, allow me to enlighten you that the statement is not directly
Judge relating to the issue in question but to other matters. Therefore, it is admissible.
Please read up on your Rules of Evidence, next time.
Atty. Affleck Uh, I knew that, Your Honor.
Judge (To Atty. Mamera) Proceed, counsel.
Thank you, Your Honor. So Mr. witness, what was your reaction when Mr.
Atty. Mamera
Maicomayor told you that his wife was jealous of you?
Pinagtawanan ko lang po, sir. Eh alam ko naman po na magandang lalaki ako kaso di
Melson
naman kami talo ni Iggy, este Miguel. Trabaho lang po ang samin ni Miguel.
If thats the case, then how do you explain the nude photo of yourself found by the
Atty. Mamera
wife of respondent inside their house?
About that sir, para po yun sa isang drug case naming sa trabaho. Eh etong si Miguel
Melson
kasi ang hilig magdala ng trabaho sa bahay nila. Kaya ayun, bokelya.
Atty. Mamera So you dont deny that it was you who was in the photo?
 13

Ako po yun, sir. Mas magandang lalaki lang po talaga ako sa personal, pero thats
Melson
really me.
Atty. Mamera How about the writings at the back, Mr. witness. Did you also write those?
Sakin po yung sulat, pero yung words dinikta lang po sakin ng boss namin para sa
Melson
operation.
Atty. Mamera Do you have proof that it was your boss who dictated those words for you to write?
Melson Yes sir, meron po ako certification galing sa kanya.
Is this the copy of the certification signed by your Commanding Officer Col.
Atty. Mamera Kunsintidor that the photo with writings procured by Mrs. Maicomayor in her house
was for a legitimate police operation?
Melson Yes sir, thats it.
Your Honor, may I ask that this document be marked as Exhibit 2 as agreed upon in
Atty Mamera
our Pre-Trial Brief.
Judge Mark it.
Atty. Mamera Mr. witness, do you know of a woman named Ela Marie Labis?
Yes sir, siya po yung tindera na patay na patay sakin sa manukan at itlugan ni San
Melson
Pedro sa Sta. Mesa market.
Atty. Mamera Patay na patay? What do you mean by that, Mr. witness?
Eh paano po, tuwing nagpupunta po ako sa palengke para bumili ng itlog, grabe po
Melson makatitig yung babaeng yun na para ba ako hinuhubaran. Ako na nga po ang
nahihiya, sir. Tapos kahit bayad na, ayaw pa rin nyang bitawan ang itlog ko.
According to Ms. Labis, the reason why you kept on coming back to their store was
Atty. Mamera
because you liked her. Is that true?
Well, cute naman po siya sir, pero kaya talaga ako bumabalik dun kasi sa kanila lang
Melson po ang may pinakamasarap at pinakamalalaking itlog sa buong palengke. Paborito
ko po kasing i-almusal ang itlog.
So tell us about that night on Valentines Day when Ms. Labis saw you and Mr.
Atty. Mamera
Maicomayor hug and enter the Hotel Sago-Sago holding hands.
Arte lang po yun, Sir. Kasama po yun sa entrapment operation namin to arrest a high
Melson
valued target.
Atty. Mamera Ok, so part of your operation was to pretend to be a gay couple?
Melson Yes sir. Best buddy ko lang po talaga si Miguel kaya wala nang hiya hiya.
Ok, Mr. witness. What can you tell about the next day when it was Mrs. Maicomayor
Atty. Mamera
this time who allegedly saw you and her husband kiss in front of the QCPD office.
Melson Ay di ko po alam yan, sir. Di po ako yung taong kasama ni Miguel nung gabing yun.
But respondent said that the person was driving a red KIA sedan. Isnt that the car
Atty Mamera
you are currently driving, Mr. witness?
Melson Yes sir, pero di lang naman ako ang tanging nagmamaneho ng ganung sasakyan, Sir.
So who do you think is the person that Mrs. Maicomayor saw her husband kiss that
Atty Mamera
night?
Atty. Affleck Objection, Your Honor! Calls for speculation.
Overruled. I want to know the opinion of the witness on the matter, counsel.
Judge
Answer, Mr. witness.
Gusto ko rin malaman yun, Your Honor! Ang sabi kasi sakin ni Mi-love, este Miguel
Melson po, babawi daw muna siya sa asawa niya kasi di sila magkasama nung Valentines so
akala ko nasa bahay lang siya. Di ko rin po talaga alam, sir!
So youre saying that the person who Mr. Maicomayor met that night could be
Atty. Mamera
anybody?
Opo sir, di lang naman po ako ang babae, or I should say, lalaki, na marunong mag-
Melson
drive ng KIA.
Atty. Mamera No further questions, Your Honor.

CROSSEXAMINATION BY ATTY. BIEN AFFLECK (MELSON MAANGAS)

 14

Judge Cross?
Atty. Affleck Just a few questions, Your Honor.
Judge Proceed.
Mr. witness, who is this Mr. Iggy Biggie to whom the note written at the back of your
Atty. Affleck
nude photo addressed to?
Objection, Your Honor, on the ground that the question calls for the disclosure of a
Atty. Mamera state secret. It was already established earlier that said information was confidential
in nature.
Judge Sustained.
Mr. witness, regarding the nude photo found in respondents room, can you tell us
Atty. Affleck
where that photo was taken?
Melson Ah sa photo studio po yun, sir.
Atty. Affleck Are you sure? Because the background of the photo look pretty much like a motel
Atty. Mamera Objection, Your Honer! Counsel assumes facts not in evidence!
Judge Sustained!
Atty. Affleck Mr. witness, are you and Mr. Maicomayor lovers?
Atty. Mamera Objection, Your Honor, misleading question!
Judge Sustained!
I will rephrase the question, Your Honor. Mr. witness, during the time when you and
Atty. Affleck
Mr. Maicomayor were together, did you feel anything towards him?
Melson Mahal ko siya sir! I mean, I love him, but only as a friend
If you love him as a friend, why did you not advise him to fix things with his wife
Atty. Affleck
when he confided that his wife was jealous of you?
Ayoko ko po pumagitna sa away nila mag-asawa, sir. At kasalanan ko ba kung mas
Melson gusto sumama ni Miguel sakin kesa sa asawa nya? Sinusuportahan ko lang kaibigan
ko kung saan siya masaya, sir.
Atty. Affleck So are you saying that you also support his indiscretions?
Of course not, sir! Mabait pong tao yang si Miguel. Maalalahanin, masipag,
Melson
maasikaso di po nya kayang lokohin ang mga nagmamahal sa kanya.
Atty. Affleck You meant his wife, right?
Melson Uh, yes sir. Of course!
On your way to the Hotel Sago-Sago with Mr. Maicomayor, Mr. witness, what was
Atty. Affleck
going through your mind?
Melson I was excited sir dahil mangyayari na ang pinakahihintay ko.
Will you enlighten this Court what it is that youve been waiting for to happen that
Atty. Affleck
night?
Melson Ang pagpasok ng aming deep penetration agent at pagputok, sir.
Atty. Affleck Can you explain that, Mr. witness?
Once makapasok po kasi yung agent namin, ipuputok po nya ang baril niya bilang
Melson
signal na go ang operation.
Atty. Affleck Oh. So who is this deep penetration agent, Mr. witness?
Melson He is our asset, sir. Confidential informant po.
Atty. Affleck And was your operation successful, Mr. witness?
Melson Negative, sir. Dismayado po kami pareho ni Miguel.
Atty. Affleck Is that why you decided to meet again the next night, Mr. witness?
Atty. Mamera Objection, Your Honor, counsel is misleading the witness.
Judge Sustained!
Mr. witness, where were you on February 15, 2016, the day after Valentines day,
Atty. Affleck
between 11-11:30pm?
Melson Nasa bahay lang ako sa Cubao, nuod lang po ng dvd pampa-relax, sir.
Atty. Affleck Does the title of the dvd youre watching happen to be, Sagwanan?
Atty. Mamera Objection, Your Honor! Counsel is again assuming facts not in evidence.
 15

Judge Sustained. Counsel, your cheap shots are getting on my nerve.

Sorry, Your Honor. Let me ask another question. Mr. witness, can anybody
Atty. Affleck substantiate your presence at your place from 11:00 to 11:30pm on February 15,
2016?
Uh, wala sir. Mag-isa lang po ako sa bahay. At dahil po sa trabaho ko, iniiwasan ko
Melson
rin po kumuha ng atensyon sa mga kapitbahay o ibang tao.
So youre saying nobody can attest that you are in your house that night, other than
Atty. Affleck
yourself?
Melson Yes sir.
Atty. Affleck How about your red KIA sedan? Where did you park it that night?
Melson Iniiwan ko po sa office yung sasakyan ko, sir. Wala kasing parking sa tinutuluyan ko.
Oh so your car is just parked at the office where your buddy was seen by his wife
Atty. Affleck
kissing another person?
Melson Opo, pero sinasabi ko po sainyo, sa bahay lang po ako.
Atty. Affleck No further questions, Your Honor.
Judge Re-direct from the defense?
Atty. Mamera None, Your Honor.
Judge Thank you, Mr witness. you may now be excused. Any more witness for the defense?

PRESENTATION OF 2nd WITNESS (RESPONDENT)

MIGUEL M. MAICOMAYOR

Yes, Your Honor, Id like to call on the respondent Mr. Miguel Maicomayor to the
Atty. Mamera
witness stand.
Judge Swear the witness.
Raise your right hand. Do you swear to tell the truth, the whole truth and nothing but
Interpreter
the truth in your testimony?
Miguel I do.
Interpreter Please state your name and other personal circumstances.
I am Miguel Maicomayor, 34 years old, married, a police officer and a resident of 4a
Miguel
Alabama St. Greenland Newtown Subdivision, Ampid, San Mateo, Rizal
Atty. Mamera With the kind permission of the Honorable Court.
Judge Proceed.
We are offering the testimony of this witness Your Honor to present as a matter of
defense against the allegation of his wife, the Petitioner in this case, and to prove
Atty Mamera
that he is not a homosexual along with other circumstances relating to such
evidence;
Judge Any comment from the defense counsel to the offer?
Atty. Affleck We reserve our right to conduct cross-examination, Your Honor.
Judge You may now proceed.

DIRECT EXAMINATION BY ATTY. MAMERA (MIGUEL MAICOMAYOR)

Atty. Mamera Mr. witness are you the same Miguel Maicomayor, the Respondent in this case?
Miguel Yes, Sir.
Atty. Mamera Is this the copy of your Answer?
Miguel Yes, Sir.
Atty. Mamera There is a signature appearing on page 5, whose signature is this?
Miguel My signature, Sir.
May I pray, Your Honor, that Defendants Answer and signature be marked as our
Atty. Mamera
Exhibit 3 and 3-A as specified in our Pre-Trial Brief?
Judge Mark it.
 16

Atty. Mamera How are you related to Maria Clara Maicomayor, Mr. witness?
Miguel She is my wife, Sir.
Atty. Mamera And where is your wife residing right now?
Miguel She is residing with her parents house in Fairview with my daughter, sir.
Atty. Mamera How about you, where are you residing right now?
Miguel I am staying at our house in Ampid, San Mateo, Rizal.
Atty Mamera Let us focus now on your married life. What was your life like after marriage?
It was generally happy, sir. I love her, she loves me. I honestly dont know why shes
Miguel
doing this. Mai, I love you! Why are you doing this?
(Taps gavel) Order! Mr. witness, please restrain yourself. Just answer the questions
Judge
asked of you.
Miguel Sorry, Your Honor.
Atty. Mamera Mr. witness, did being a police officer affect your marriage?
Yes sir. As an operative of SAF during the first 2 years of our marriage, lagi po akong
Miguel
wala sa bahay at lagi pong nasa malayong destino, sir.
Is that the reason why you seldom attend to your responsibilities as a father and a
Atty. Mamera
husband?
Miguel Yes sir. But I always see to it that when I am on vacation I spend it fruitfully.
And how did your wife respond to your various designations as an operative, Mr
Atty. Mamera
witness?
Miguel She used to understand it, sir.
Atty. Mamera You mean she doesnt understand it now?
Yes sir. When I got transferred to the Quezon City Police District, she began to act
Miguel
differently, sir.
Atty. Mamera Why do you say that?
Siguro po kasi inakala nya na magbabago na lahat pag nalipat ako ng unit, sir.
Miguel Actually akala ko nga rin po kaso mas madaming po palang gwapo, este, trabaho sa
QCPD.
Atty. Mamera When were you transferred to QCPD, Mr. witness?
Miguel About 2 years ago, sir. Bago po ipanganak ang aming anak.
Atty. Mamera And you were not there with your wife when your child was born?
I wasnt sir I really wanted to but I couldnt because of the exigencies on the war on
Miguel drugs launched by no less than the President. I was assigned as a drug operative and
my whole day was spent because of these operations.
Atty Mamera And what was your wifes take on this?
Miguel She doesnt like the President, sir. Dilawan po kasi yung asawa ko.
Objection, Your Honor! The answer was unresponsive to the question. May I ask that
Atty. Affleck
it be stricken off the records, Your Honor.
Sustained! (to the stenographer): Ms. Rein, strike out the last answer. (to the
Judge
witness): Please answer the question directly.
What I meant to say, was that she hated my present designation as drug operative,
Miguel sir. She started to despise my absence in family gatherings, saying that kung kailan
nandito na ko sa malapit, mas lalo pa akong nawalan ng oras sa kanila.
Atty. Mamera So can you please enlighten us about the nature of your demanding work, Mr.
witness?
Miguel As a drug operations agent, I am the one in charge of information gathering sir. This
involves field work, ocular visits, survey, interviews and other related work sir. It was
very time consuming, sir.
Atty. Mamera Are your alone in this job?
Miguel No sir. I have a buddy.
Atty. Mamera Who is your buddy?
Miguel SPO3 Melson Maangas sir.
Atty. Mamera Is this SPO3 Melson Maangas, the same Melson whom your wife is referring to as
 17

your lover?
Miguel Yes sir.
Atty. Mamera What do you think is the reason why your wife suspects that you have a relationship
with your buddy, Mr. witness?
Miguel It maybe because of my refusal to have sex with her during the times when I am
already very tired from my heavy workload. She would always say na pinagpalit ko
na daw sya sa trabaho ko at sa bagong partner ko na si Melson.
Atty Mamera Is that the only reason, Mr. witness?
Miguel I think she also became more suspicious when she saw me watch that video entitled
Sagwanan, sir.
Atty Mamera Why was she furious, Mr. witness?
Miguel Because it was a gay movie, sir.
Atty Mamera And why were you watching a gay movie, Mr. witness?
Miguel We were given a copy of it at work so we can study about gay couples, sir. All part of
our operation for a homosexual target.
Atty Mamera What about the nude photo with love letter that your wife found in your room, Mr.
witness. How do you explain that?
Miguel As I also tried to tell her Sir, Iggy-Biggy is a code for the subject of our drug operation.
I cant tell you his real name. The letter was not for me because my wife is the only
one for me!
Atty. Mamera But why the need for a nude photo of SPO3 Mangahas?
Miguel Our target in the drug case sir is a homosexual and si SPO3 Maangas ang pa-in namin
to attract the said perpetrator sir.
Atty Mamera Why him and not you?
Miguel Because he is more appealing to gays than me, sir.
Atty Mamera So what is now the status of the said case, Mr. witness?
Miguel As of now, it is for validation stage sir. Di kop o pwede sabihin yung plano kasi nga
secret operation siya, sir.
Atty Mamera I understand, Mr witness. But do tell us, on the night of Feb. 14, 2016, Valentines
Day, was that also a part of your secret operation?
Miguel Yes sir. Pagpapanggap lang po yun para ma-ocular naming ng maayos yung Hotel
Sago-Sago, sir.
Atty. Mamera Why Hotel Sago-Sago?
Miguel Kasi ayon po sa info na aming nakalap, yun daw po ang kuta kung saan nagaganap
ang maraming drug transactions, sir.
Atty. Mamera What happened at the Hotel?
Miguel Nothing happened, sir. Yung asset na dapat namin i-meet, di sumipot.
Atty Mamera And you never tried to tell your wife the real reason so she would stop suspecting
you?
Miguel I tried, sir, but she refuses to listen. Lagi ko na lang po siyang sinasabihan na konting
tiis pa at babawi po talaga ako pag-nakaluwag-luwag na sa schedule.
Atty Mamera And were you able to make up to her?
Miguel Yun po balak ko sir. Iso-sorpresa kop o dapat siya nung Valentines kaso na-move
yung operation naming sa araw na yun kaya sabi ko sa sarili ko na babawi na lang ako
sa kanya kinabukasan
Atty Mamera And were you able to make up for it the next day?
Miguel Di na po sir kasi grabe na galit at selos nya sakin nung time nay un kaya pinili ko na
lang po na mag-duty para makapag-cool down siya.
Atty Mamera Did leaving your house help the situation?
Di nga sir eh. Di ko naman alam na sinundan nya po pala ako sa trabaho nung gabing
yun.
What happened during that night after you left the house to go to work, Mr.
Atty Mamera
witness?
 18

Duty po ako nung gabing yun, sir. Pwede po sana ako magpa-duty para makabawi
kay misis kaso narindi ako sa kakaselos niya kaya nag-desisyon na lang po ako na
Miguel mag-duty. Pagparada ko sa office, bigla pong may tumawag sakin na nakasakay sa
pulang sasakyan. Akala ko po si SPO3 Maangas yun nung una dahil magkapareho
yung sasakyan.
Atty. Mamera And it was not him inside the car?
Miguel No, sir.
Atty Mamera So whose car was it?
Miguel Sa ka-brod ko po, sir.
Atty. Mamera What is his name?
Miguel Totoy Mola, po.
Atty. Mamera So what did you do after that, Mr. witness?
Nilapitan ko po yung sasakyan nya. Sabi nya pasok daw ako sa loob so binuksan ko
Miguel
yung front passenger seat at umupo po ako sa kanyang tabi.
Atty. Mamera What happened after you got in, Mr. witness?
Miguel Nagbatian po kami, sir.
Atty Mamera Uh, panong batian, Mr. witness?
Miguel Nagyakapan po kami at nagbeso beso po bilang pagbati, sir.
Atty Mamera Do you normally do that with your male companions, Mr. witness?
Sa frat brods lang namin, sir. Ganun po talaga kami magbatian sa fraternity namin
Miguel
kung saan member po kaming dalawa, sir.
Atty Mamera And what is the name of this frat, Mr. witness?
Miguel Alpha phi chupapi po, sir.
Can you demonstrate, for a clearer picture, this batian which transpired inside the
Atty Mamera
red sedan?
Miguel Ganito po yun, sir. (Lalapit kay Atty Mamera, yayakap at bebeso)
Atty Mamera (looks satisfied, sabay bulong): Ang bango! *with kilig*
Atty Mamera (Composes himself) Uh, no further questions, Your Honor.

CROSS-EXAMINATION BY ATTY. BIEN AFFLECK (MIGUEL MAICOMAYOR)

Judge Counsel for the plaintiff, do you have questions for the respondent?
Atty. Affleck I do, your Honor. With your permission.
Judge Proceed.
Atty Affleck Mr. witness, how long have you known SPO3 Maangas?
Miguel 2 years po from the time I was transferred from SAF to QCPD, sir.
Atty Affleck How did you become his buddy in your operations?
Miguel Ah, siya po yung pumili sakin sir, magaan daw ho kasi ang loob nya sakin.
Atty. Affleck Is that because he liked you?
Atty. Mamera Objection, Your Honor, misleading!
Judge Sustained.
Atty Affleck Mr. witness, did you become close with SPO3 Maangas right after that?
Miguel Yes sir.
Atty Affleck How close?
Miguel Um, maituturing ko po siya na isa sa pinakamalapit na kaibigan ko, sir. Galing din po
kasi siyang SAF gaya ko, sir. Pareho din po kami ng mga pananaw sa buhay, sir.
Atty. Affleck Same homosexual views, is that what you mean?
Atty. Mamera Objection, Your Honor, counsel is being argumentative!
Judge Overruled. Answer the question, Mr. witness.
Miguel Hindi po sir, ibig ko lang sabihin na we share a lot of things in common, like paborito
po namin pareho ang footlong sa Mr. Doggie at hilig po talaga namin kumain ng
lahat ng uri ng itlog, sir! Pugo, pato, itlog na pula, lalo na po pag native, sir.
Atty. Affleck Ok, Mr. witness you apparently both have a love for eggs How about human eggs?
 19

Atty. Mamera Objection, Your Honor!

Judge On what ground, counsel?
Atty. Mamera Um, morality, Your Honor.
Judge Overruled. Respondents homosexuality is at issue here counsel. Answer, Mr.
witness!
Miguel Hu-human eggs? Of course not, we just like animal eggs, sir.
Atty Affleck This picture of SPO3 Maangas (holding the picture) this was found by your wife why
was it there again among your things?
Miguel Ginamit po namin yan para sa intelligence operation namin laban sa isang drug
dealer na bakla po.
Atty. Affleck You said the word ginamit. If that is the case, then why is it still in your possession?
Shouldnt it be with this Mr. Iggy-Biggie right now?
Miguel Ahhh yun nga po sir eh, nagkamali po ako dapat ako magdadala nung litrato sa
target kaso naiuwi ko po.
Atty. Affleck Is that really the case or is it because Mr. Iggy-Biggy is really you and you are just
covering for the truth?
Atty. Mamera Objection, Your Honor. Counsels question is harassing the witness!
Judge Overruled. Answer the question, Mr. witness.
Miguel No sir! I mean, hindi po ako si Mr. Iggy-Biggie. Siya po talaga yung subject namin na
drug dealer po.
Atty Affleck Can you read the writings at the back of the photo, Mr. witness.
Miguel My dearest Iggy-biggie, I love what happened last week, hope to see you again, my
love, Yours Always and Forever, Mel. (in a kilig voice)
Atty Affleck Parang kinikilig ka, Mr. witness.
Miguel (deepening his voice) Ahem, hindi po sir, ah.
Atty Affleck It says in the letter and I quote I love what happened last week, hope to see you
again. So do you think something has already happened between this drug dealer
and SPO3 Maangas, Mr. witness?
Atty. Mamera Objection, Your Honor! Question calls for speculation.
Judge Sustained. That is enough, counsel.
Atty. Affleck Fine, Your Honor. Another question, Mr. witness. What else can you say about your
buddy, SPO3 Maangas?
Miguel Well, Mel, I mean SPO3 Maangas, is the bravest, most loyal, and hard-working
person I know. Siya po ang may pinakamatigas, I mean, pinaka-matikas na
pangangatawan sa buong QCPD, sir. At di po siya bading! Dami nga pong babae na
umaaligid dun.
Atty. Affleck Does he have have a girlfriend? A wife? A female live-in partner?
Miguel Wala sir, pihikan po kasi yung buddy ko na yun
Atty. Mamera Objection, Your Honor!
Atty. Affleck I still haventt asked anything, Your Honor.
Atty Mamera I know but I just know that what youre going to ask will be objectionable, counsel!
Judge (Taps gavel) Order! (looking at Atty. Mamera) Counsel, I know what you mean but
please wait for the question before objecting.
(to Atty. Affleck) Continue.
Atty. Affleck Do you confide your marital problems to SPO3 Maangas, Mr. witness?
Miguel Yes sir.
Atty. Affleck Do you find comfort in his arms?
Miguel I do, sir brotherly comfort, I mean! He is very sympathetic sir.
Atty. Affleck What does he tell you when you feel low, Mr witness?
Miguel He tells me mas ok na siguro manlalaki ako kesa naman mambabae as a joke, sir.
Atty. Affleck Oh really, so you did not take his joke seriously, Mr. witness?
Miguel Of course not, sir! Sir Maangas and I are just fooling around. Masaya lang po talaga
kami pag magkasama (dreamy look in his face).
 20

Atty. Affleck So, are you in love with Mel, Mr. Iggie-Biggie?
Miguel (dreamy buntong-hininga) Yes, sir! (then looks flustered) I mean, hindi poako si Mr.
Iggy-Biggie!
Atty. Mamera Objection, Your Honor, counsel misled the witness! I demand that the answer be
stricken off the records.
Judge Sustained. Be sure to make timely objections next time, counsel.
Atty. Mamera I was caught off guard, Your Honor
Atty. Affleck Your Honor, I would like to request for a proffer of evidence to the answer of the
witness.
Judge Granted. (to the court stenographer) Ms. Rein, kindly make the proper modification.
And somebody please give the witness a glass of water. He seems about to faint. Do
you have any more questions, counsel?
Atty. Affleck Just one more, Your Honor.
Judge Proceed.
Atty. Affleck So, Mr. witness, my final question is: ARE YOU GAY?
Miguel (after drinking water, says in a very deep voice): NO SIR, ABSOLUTELY NOT.
*as witness puts down his drink, his hand shakes, the glass drops, and everyone> the witness, Mr.
Maangas in the audience, Atty. Mamera, Atty. Affleck and even the judge will shriek like a girl*
Judge (Taps gavel), Order in the court! Ahem. Do you have any more questions for the
witness, counsel?
Atty. Affleck No further questions, Your Honor!
Judge (to Mr. Mamera) Re-direct from the plaintiff?
Atty. Mamera Uh no more, Your Honor
Judge Do you have any more witnesses to present?

FORMAL OFFER OF DEFENSE EVIDENCE (RESPONDENT)

Your Honor, I have no more witness to present. I would like now to make our formal
Atty. Mamera
offer of evidence.
Judge Granted. You may formally offer your evidence now.
Thank you, Your Honor.
Your Honor, I respectfully offer our evidence as follows:

1. Exhibit 1 and 1-A the sworn statement of the witness MELSON S

MAANGAS consisting of four pages and his signature therein, sir.
2. Exhibit 2 and 2-A the sworn statement of respondent, MIGUEL M.
MAICOMAYOR also together with his signature.
Atty. Mamera 3. Exhibit 3 The certification from Col. Kunsintidor to prove the legitimacy of
the police operation with the code name IGGY-BIGGIE.

With all the foregoing exhibits in addition to the oral testimonies of MELSON
MAANGAS and MIGUEL MAICOMAYOR, the respondent hereby respectfully rests
their case.

Respectfully submitted.
Judge Any objection from the defense?
We object to the admission of Exhibit 3, Your Honor, which is the certification from
Col. Kunsintidor because he was not put to the witness stand.
Atty. Affleck
As to other exhibits, no objection, Your Honor.
ORDER
Judge The petitioners counsel manifested that it has no more witness to present.
Petitioners counsel offered Exhibits 1 to 3 and sub-markings. Such exhibits are
 21

admitted as defense evidence considering that these exhibits are not disqualified
under the rules of evidence except Exhibit 3 for failure of the witness to attest as to
its content.
Considering the manifestation of both counsels, let this case deemed submitted for
decision.
The parties are given fifteen (15) days from today to submit their respective
Judge
memoranda to be filed simultaneously.

SO ORDERED.

JUDGMENT

Clerk of Court All Rise

(Stamp gavel) Sit
Judge
Call the case.
Civil Case No. 042013
Clerk of Court Maria Clara M. Maicomayor versus Miguel M. Maicomayor for LEGAL SEPARATION
(under par F Article 55 of the Family Code).
Judge Appearances?
Atty. Vigilante Appearing for the State, Your Honor.
Atty. Affleck Appearing for the Plaintiff, Your Honor.
Atty. Mamera Appearing for the Respondent, Your Honor.
Judge Are both parties present?
Clerk of Court They are both present, Your Honor.
Judge In light of the foregoing, it has come to my attention that both parties: MARIA CLARA
MAICOMAYOR AND MIGUEL MAICOMAYOR have reconciled in the weeks leading up
to this date as contained in their respective manifestations filed before the court.
Absence such reconciliation, I would have granted the petition outright after the
preponderance of evidence pointing to MR. MAICOMAYORS homosexuality and in
the peculiar events which transpired during trial. Although the marital bond is not
severed, such grant of legal separation would have entitled the spouses to live
separately from each other. There would be termination of their obligation to
provide mutual support and Mr. Maicomayor would have been disqualified from
inheriting from Mrs. Maicomayor. This would also have a great impact on their
innocent child which is why I would like to commend both parties for simply agreeing
to disagree and choosing what is best for the interest of their child. I would like to
thank the lawyers Atty. Affleck and Atty. Mamera for your excellence and time, to
you Maria Clara, for giving your husband a second chance. And to you Miguel, if you
ever need someone, Im just here. Ahem. So, in view of such reconciliation,
proceedings are hereby terminated.

Court dismissed (taps gavel)