Judge: Maranion

Clerk of Court: Balisi

Court Interpreter: Verona
Court Stenographer: Barizo
Prosecutor: Balason
Defence: Trellas
Witness: Guerrero
Accused: Dalafu

Clerk of Court: All rise. The court is now in session. Silence is hereby enjoined. Hon Judge Peter
Maranion presiding.
Judge: Call the case.
Clerk of Court: Criminal case no. 082213. People of the Philippines vs. Fernando Dalafu y Mosi for
Murder, for trial.
Judge: Appearances.
Prosecutor: I’m Jaypee Balason appearing for the state your Honor.
Defence: I’m Ryan Jay Trellas appearing for the accused your Honor.
Judge: Okay, presentation of witness, who is your first witness prosecution counsel?
Prosecutor: Your honor my first witness is Ricardo Dalisay Sr. the complainant.
Judge: Call your witness to the witness stand.
Prosecutor: May we call Mr. Ricardo Dalisay Sr. to please approach the witness stand.
Judge: Swear the witness.
Clerk of Court: Nakakaintindi ka ba ng English na salita?
Witness: Hindi your honor
Clerk of Court: Itaas mo ang iyong kanang kamay, nanunumpa k aba na sabihin mo lang ang
katotohanan, ang buong katotohanan, at walang iba kundi ang katotohanan lang.
Witness: Opo your honor.
Clerk of Court: Sabihin mo ang iyong pangalan
Witness: Ako si Ricardo Dalisay Sr. Limampung taong gulang, residente ng Bago st. Carig Sur
Tuguegarao City.
Clerk of Court: The witness is now ready your honor.
Prosecutor: Your honor I am Jaypee Balason representing for the state in this action, the
complainant Ricardo Dalisay Sr. is a resident of Bago St. Carig Sur Tuguegarao City and charging
Mr. Fernando Dalafu for the crime of murder happened in September 20, 2018. Your Honor
Ricardo Dalisay Sr. is the father of the victim Ricardo Dalisay Jr. was stabbed by the said accused
Fernando Dalafu.
Defence: Your Honor, I am Ryan Jay Trellas and its my privilege to represent Fernando Dalafu in
this case before you today. The prosecutor said that my client stabbed Mr. Ricardo Dalisay well in
fact he was in their house together with his friends celebrating his birthday. Thank you.
Judge: Proceed to direct examination.

DIRECT EXAMINATION
Prosecutor: Your Honor, we offer the testimony of the witness-complainant to prove that the
accused committed the crime. For the record, the witness is Ricardo Dalisay Sr. 50 years of age,
and a resident of Bago St. Carig Sur Tuguegarao City. So Mr. Witness, do you know Fernando
Dalafu, the accused in this case?
Court Interpreter: (translate sa tagalog) Your Honor, we offer the testimony of the witness-
complainant to prove that the accused committed the crime. For the record, the witness is Ricardo
Dalisay Sr. 50 years of age, and a resident of Bago St. Carig Sur Tuguegarao City. So Mr. Witness,
do you know Fernando Dalafu, the accused in this case?

Witness: Opo sir

Court Interpreter: Yes, your honor.
Prosecutor: Do you know him personally?
Court Interpreter: Kilala m oba siya?
Witness: opo sir nakatira rin sya sa aming barangay.
Court Interpreter: Yes, your honor. He also lives in our Barangay
Prosecutor: Did you remember that you executed an affidavit?
Court Interpreter: (translate in tagalog) Did you remember that you executed an affidavit?

Witness: Opo sir

Court Interpreter: Yes yor honor
Prosecutor: I’m showing to you this affidavit. Were you able to identify if this is the same affidavit
that you’ve made?
Court Interpreter: (translate in tagalog) I’m showing to you this affidavit. Were you able to identify
if this is the same affidavit that you’ve made?

Witness: Siya yan sir

Court Interpreter: Yes, it is your honor.
PROSECUTOR: Were you able to recognize whose signature is this?
Court Interpreter: (translate in tagalog) Were you able to recognize whose signature is this?

Witness: Pirma ko yan sir

Court Interpreter: It is my signature your honor.
Prosecutor: Your Honor, the witness identified exhibit B that was previously mark.
Judge: Mark it accordingly.
Prosecutor: Since you recognize this affidavit and signature, may I ask, when were you on
September 20, 2018?
Court Interpreter: (translate in tagalog) Since you recognize this affidavit and signature, may I ask,
when were you on September 20, 2018?

Witness: Nasa bahay ako sir

Court Interpreter: I am in my house your honor.
Prosecutor: What are you that time?
Court Interpreter: Ano ang ginagawa mo noon?
Witness: Natutulog ako sir.
Court Interpreter: I was sleeping your honor.
Prosecutor: When you were sleeping what happened next?
Court Interpreter: Nung natutulog ka ano ang sumunod na nangyari?
Witness: Nakatanggap ako ng tawag galling kay Erry Mar Balisi sir.
Court Interpreter: I received a call coming from Erry Mar Balisi your honor.
Prosecutor: Then who is this Erry Mar Balisi?
Court Interpreter: At sino naman tong Erry Mar Balisi
Witness: Kaibigan ko sir.
Court Interpreter: He’s a friend of mine your honor.
Prosecutor: Then what it he told you?
Court Interpreter: Ano ang sinabi niya sayo?
Witness: Na nasaksak ang anako ko sir.
Court Interpreter: That my son was stabbed your honor.
Prosecutor: Did he told you that who stabbed your son?
Court Interpreter: Sinabi ba niya sayo kung sino ang sumaksak sa kanya?
Witness: Opo sir. Sinabi niya na si Fernando Dalafu.
Court Interpreter: Yes your honor. He said that Fernando Dalafu was the one who stab his son.
Prosecutor: Do you know Mr. Fernando Dalafu?
Court Interpreter: Kilala mo ba si Fernando Dalafu?
Witness: Opo sir.
Court Interpreter: Yes your honor
Prosecutor: Could you please point out in this court who is Mr. Fernando Dalafu?
Court Interpreter: Pwede mo bang ituro kung sino si Mr. Fernando Dalafu?
Witness: (ituro ang akusado)
Prosecutor: Then when you know that Mr. Fernando Dalafu was the one who stabbed your son,
what happened next?
Court Interpreter: Nung nalaman mon a si Fernando Dalafu ang sumaksak sa iyong anak, anong
sumunod na nangyari?
Witness: Tinanong ko muna sir kay Erry Mar Balisi kung saan nasaksak ang anak ko nung nalaman
ko dalidali akong pumunta dun sir
Court Interpreter: I asked first to Erry Mar Balisi where is my son stabbed and I immediately went
there after knowing where are they.
Prosecutor: Then what happened next?
Court Interpreter: Anong sumunod na nangyari?
Witness: Nung nakarating ako dun sir pumunta kami agad sa bahay ni Fernando Dalafu.
Court Interpreter: We went immediately in the house of Fernado Dalafu upon reaching the said
place your honor.
Prosecutor: Who are your companion in going the house of Mr. Dalafu?
Court Interpreter: Sino ang mga kasama mo na pumunta sa bahay ni Mr. Dalafu?
Witness: PO2 Robin Padilla, PO3 Ronnie Rickets tsaka si Erry Mar Balisi sir.
Court Interpreter: PO2 Robin Padilla, PO3 Ronnie Rickets and Erry Mar Balisi your honor.
Prosecutor: Then what happened next?
Court Interpreter: Anong sumunod na nangyari?
Witness: Nung nandun na kami sa bahay niya sir. Nakita naming nakabukas ung pintuan niya.
Court Interpreter: When we arrived there we see that his door is your honor.
Prosecutor: Then when you saw that the door is open, what did you do together with your
companion?
Court Interpreter: Nung nakita niyo na bukas ang pintuan, ano ang ginawa niyo?
Witness: Sinilip naming kung ano yung nasa loob sir.
Court Interpreter: We peep wondering what is inside your honor.
Prosecutor: When you peep, what did you saw?
Court Interpreter: Nung sinilip niyo, ano ang nakita niyo?
Witness: Nakita naming na naglalaba sir sa kanyang kwarto.
Court Interpreter: We saw him washing his clothes in his room your honor.
Prosecutor: What is he washing?
Court Interpreter: Ano ang nilalabhan niya?
Witness: Damit sir na puno ng dugo sir.
Court Interpreter: Clothes that full of blood your honor.
Prosecutor: When you saw him washing clothes that full of blood, what did you do?
Court Interpreter: Nung nakita niyo na naglalaba ng damit na puno ng dugo, ano ang ginawa niyo?
Witness: Nilapitan naming sir at hinuli ito ng dalawang pulis sir.
Court Interpreter: We approach him and arrested by two police officers.
Prosecutor: Im showing you this item will you able to recognize it?
Court Interpreter: May ipapakita kami sa iyo, maari mo bang sabihin sa amin kung ano ito?
Witness: Yan yung damit na nilalabhan niya nung gabing iyon sir.
Court Interpreter: That is the clothes he was washing in that night your honor.
Prosecutor: Your honor the witness identified exhibit A and exhibit D that was previously marked.
Judge: Mark it.
Prosecutor: That’s all your honor

Cross Examination
Judge: Defense, do you have any question for cross examination?
Defense: Yes your honor, may I approach the witness?
Judge: Proceed.
Defense: You said a while ago that you were sleeping at your house and someone called you in
your phone right?
Court Interpreter: Sinabi mo kanina na natutulog ka at may tumawag sayo diba?
Witness: Opo sir
Court Interpreter: Yes your honor.
Defense: And you also said that Erry Mar Balisi was the one who called you in phone informing
that your son was stabbed right?
Court Interpreter: At sinabi mo rin kanina nan a si Erry Mar Balisi ang siyang tumawag sayo sa
cellphone at sinabing sinaksak ang anak mo, tama ba?
Witness: Opo sir.
Court Interpreter: Yes your honor.
Defense: Don’t you think that he may have a quarrel with the accused that’s why he said that
because he want to revenge?
Court Interpreter: Hindi mo ba naisip na baka may alitan sila ng akusado kaya niya nasabi yun dahil
gusto niyang maghiganti?
Witness: Matagal ko na siyang kilala sir at hindi niya ako kayang biruin ng ganun.
Court Interpreter: I know him very long time and I don’t think so that he can make a joke like that.
Defense: So that means that you believe the statement of Erry Mar Balisi.
Court Interpreter: Ang ibig mong sabihin naniniwala ka sa sinasabi ni Erry Mar Balisi?
Witness: Opo sir.
Court Interpreter: Yes your honor.
Defense: Have you seen Mr. Fernando Dalafu when you arrive at his house?
Court Interpreter: Nakita mo ba si Mr. Fernando Dalafu nung nandun na kayo sa bahay niya?
Witness: Opo sir.
Court Interpreter: Yes your honor.
Defense: What is he doing?
Court Interpreter: Ano ang ginagawa niya?
Witness: Nilalabhan niya ung damit na puno ng dugo sir.
Court Interpreter: He was washing clothes having blood.
Defense: Have you seen in your eyes that the clothes he was washing have a blood?
Court Interpreter: Nakita mob a sa iyong mga mata na ang damit na nilalabhan niya ay may dugo?
Witness: Opo sir.
Court Interpreter: Yes your honor.
Defense: That’s all your honor.
Judge: The witness is now excused.
 Ladies and gentlemen of the jury, im now going to read the law you must follow in deciding
this case. To prove the crime charged against the defendant, the prosecution must prove two
things:
First, there must be treachery and evident premeditation
Second, that the defendant did the crime charge against him
If each you believe that the prosecution proved all two things beyond the reasonable
doubt, then you should find that the defendant is guilty. But if you believe that the prosecution
did not prove any these things beyond reasonable doubt, then you must found the defendant not
guilty.
Proof beyond reasonable doubt does not mean beyond all possible doubt. It means that
you must consider all the evidence and that you are very sure that the charge is true.
Judge: Are you ready with the final arguments?
Prosecutor and defense: Yes your honor.
Judge: Proceed
Prosecutor: Your honor, the judge has told you that we must prove two things. First, there must
be treachery and evident premeditation. Second, that the defendant stabbed the victim with his
full intention using knife. That shows that the defendant intended and planned to kill the victim.
According to what the judge had told you, that is all we had to prove. Based on the evidence, you
must find the defendant guilty.
Defense: Your honor, Fernando Dalafu is unluckily charged with murder, the defendant claims that
he was at his house together with his friends celebrating his birthday and the prosecution assumed
that the defendant killed the victim. The prosecution has no real evidence to show to you that this
is not true. That means that there is no reasonable doubt and therefore you must find the
defendant not guilty.
Judge: The prosecution presents his first witness which is the complainant, promulgation of the
presentation of witnesses for the prosecution will be on December 12 8:00AM and December 15
8:00AM and for the presentation of the defense witness will be on December 25 8:00AM
Trial dates are final and in transferrable and no motion for postponement that are dilatory
in character shall be entertain by the court. If such motions are granted in exceptional cases, the
postponements of either party shall be deducted from such party’s allotted time to present the
testimony of witnesses. Failure of the party or his counsel to comply with the aforementioned
schedule of hearings and deadlines shall be a ground for injections of fines and other sanction of
court. The accused and counsel are notified in open court. The court shall no longer issues notices
to the parties present today. SO ORDERED!!!!!!!!!!