[0:01]Please rise.
[0:06]The court of the Regional Trial Court of General Santos City is now in session. The honorable Judge, Kianna Calya, presiding.
[0:18]Before we proceed to our hearing, Miss Inger, please lead us in prayer. Okay, let us pray. Lord, we come before you as we prepare ourselves. We go in to pray. And thank you that we are with us every moment of the day and have promised to uphold us in your righteous right hand. Help us to give our eyes fix on you and pray that the true justice will be carried out. The praise and glory. Lord, we know the reason for this court hearing and we pray that you will oversee the whole proceeding. And ask that in your grace that the true justice may be carried out with impartiality. Thank you for your precious promise, but before we even go up, you will answer and show great and mighty things and we praise you, Lord, to undertake the office of the soul for this creature. Amen.
[1:17]Everyone, but the jury may be seated. Miss Inger Zapico, please swear in the jury. Please raise your right hand. Do you solemnly swear or affirm that you will truly say to this case and render a true verdict in the first sentence as to this defendant? Yes, I do.
[1:46]Members of the jury, your duty today will be to determine whether the defendant is guilty or not guilty based only on facts and evidence provided in this case. The prosecution has the burden of providing the guilt of the defendant beyond a reasonable doubt. This burden remains to the prosecution through the trial. The prosecution must prove that the crime was committed and that the defendant is the person who committed the crime. However, if you are not satisfied of the defendant's guilt to the extent, the reasonable doubt exists that the defendant must be found not guilty. Miss Inger, what is today's case? Your Honor, today's case is People vs. The Fred Baslan, Jerry Pacheco for robbery with violence against intimidation of a person. Is the prosecution ready? Yes, your Honor. Is the defense counsel ready? Yes, your Honor. Please proceed for the statement of prosecution.
[3:14]Reading, your Honor, the accuse are the Fred Baslan and Jerry Pacheco riding a motorcycle stopped in front of the complainer. The man riding on the back holding a caliber 45 pistol and he pointed it out to the complainer. And took away the personal properties of complainer. We will prove the accuse are guilty without reasonable doubt. The reason may I ask your Honor, the verdict of guilty. Okay. The defense consul would like to give a statement. I would like to give her for the prosecution this case. We would like to say, in this case of the people of the Philippines, versus the Fred Baslan, Andrew Win Pacheco. They were accused of robbery involved in his case because of the given threat of patrol man Calisan and patrol woman Barrios. The reason, may I ask your Honor, is the burden of the accused. Yes. Defense counsel, would you like to present the accused? Yes, your Honor. May I call the stand of accused, Mr. The Fred Baslan.
[4:40]Can you please raise your right hand? Do you swear to tell the truth, the whole truth, nothing but the truth? Yes, I do.
[4:50]May I proceed your Honor? Yes, you may proceed.
[4:56]Mr. Accused, please state your name and other personal circumstances. I am the Fred Baslan, single from General Santos province and currently working in General Santos as security guard. Okay. You said that you visited your grandparents. What exactly you visited to them? Regarding to my one to my one, I visited my grandparents. I came back to the place of General Santos on Friday last March 1, 2020.
[5:32]Last February 2021, 2022 you visited your grandparents. Where is it located? I visited them to the place of Tacurong City. That's all your Honor. Prosecution, would you like to cross-examine the accused? Yes, your Honor. May I proceed? Yes, you may proceed.
[5:56]Please state your name. I'm Fred Baslan. You said that you visited your grandparents. What exactly you visited to them? Regarding to my one to my one, I visited my grandparents. I came back to the place of General Santos province last March 1, 2020. Last February 21, 2022, you visited your grandparents. Where is this located? I visited them at to the place of Tacurong City. That's all your Honor.
[6:38]Defense counsel, would you like to re-direct the accused? No, your Honor. Thank you. Defense counsel, is there other accused to introduce? Yes, your Honor.
[6:52]Can you please present the second accused? Can I call the stand of Mr. Jeremy Pacheco as second accused?
[7:10]Can you raise your right hand? Do you swear to tell the truth, the whole truth, nothing but the truth? Yes, I do.
[7:19]May I proceed your Honor? Yes, you may proceed.
[7:25]Mr. Witness, please state your name and other personal circumstances. I am Jeremy Pacheco, 22 years old, single resident of Tacurong City, and currently in Tacurong. What happened on March 5, 2020? I was celebrating with my prof, with my friends, and my girlfriend. You said that you were to Takurong. When did you arrive in the house of Takurong? At around 11:30 PM I arrived to their house. That's all your Honor. Thank you.
[8:04]Defense counsel, is there other accused to introduce? No, your Honor. You may go to the bench. Thank you.
[8:21]Okay. For the prosecution, may you call now the witness? Thank you, your Honor. I would like to call Mr. Mark John as witness one.
[8:47]Can you raise your right hand? Do you swear to tell the truth, the whole truth, and nothing but the truth? Yes, I do.
[8:59]May I proceed, your Honor? Yes, you may proceed. Thank you, your Honor. Okay, Mr. Witness, do you understand English? Yes, Prosecutor. Please introduce yourself. I am Asraf Ahmad, 22, resident of Pagatpat, General Santos City.
[9:19]Okay, Mr. Witness, at around 11:30 p.m. of Saturday, February 25, 2022, where are you in this hours? I was walking along the street when I accidentally witnessed the whole incident between Mr. Cloud and the two men riding in motorcycle. What happened next? I saw that there is a man walking along the street and confronted by two men riding a motorcycle. The man at the back pointed a pistol to Mr. Cloud.
[10:18]Can you point out the two men? Yes, your Honor, those two men wearing orange t-shirt. That's all your Honor. Okay. The defense counsel, would you like to cross-examine? Yes, your Honor. May I proceed?
[10:36]Mr. Witness, do you really in that place when the crime happened? Yes, Counsel. The incident happened is night. Are you sure that two men is in the riding in tandem? Objection, your Honor. It's leading question. Objection sustained. Please answer, Witness.
[11:02]Yes, Counsel, because here the incident happened, there was a light near them, so I saw the crime that happened that day. That's all, your Honor. Okay. Prosecutor, would you like to have redirect examination? No, your Honor. Mr. Witness, you may go back to your seat. Thank you, your Honor. Prosecution, do you have any witness to present? Yes, your Honor. May I call to the witness stand, Mr. Mark Jan Bacos?
[11:44]Can you please raise your right hand? Do you swear to tell the truth, the whole truth, nothing but the truth? Yes, I do. May I proceed, your Honor? Yes, you may proceed. Thank you, your Honor. Okay, Mr. Witness, do you understand English? Yes, Prosecutor. Please introduce yourself. My name is Mark Jan Bacos, 22 years old, single, resident of General Santos, General Santos province. Okay, Mr. Witness, at around 11:30 p.m. of Saturday, February 25, 2022, where are you in this hours? I was walking along in the street, apprehended by the two men riding a motorcycle. The man at the back pointed a pistol to Mr. Cloud. Mr. The Fred Baslan and Mr. Jerry Pacheco is there riding in tandem? Yes, Prosecutor. Can you point out the two men? Yes, Prosecutor, those two men wearing orange t-shirt. That's all your Honor. Okay. The defense counsel, would you like to have cross-examine? Yes, your Honor. May I proceed?
[12:56]Thank you, your Honor. Mr. Witness, you really see the incident happen? Yes, Counsel. You really see that they are riding in tandem? Yes, Counsel, because I was there when the crime happened. That's all, your Honor. Thank you.
[13:13]Prosecution, would you like to have redirect examination? No, your Honor. Mr. Witness, you may go back to your seat. Thank you, your Honor. Any witness for the prosecution? No, your Honor. The defense counsel, more witness to call? Yes, your Honor. May I proceed, your Honor? Yes, you may proceed.
[13:41]May I call Jeremy for the witness stand?
[14:27]Please state your name and other personal circumstances. Ako si Jenny Bacos, 22 years old, single, taga Barangay Pagatpat, General Santos City.
[14:40]Okay. During the incident, where are you?
[14:45]I was at home.
[15:20]You said that you visited your grandparents. Can you please tell us what kind of behavior does Mr. Pacheco has?
[15:45]He is generous to his family and friends. That's all your Honor. Thank you. Is there any cross-examination? Yes, your Honor. May I proceed? Yes, you may proceed.
[16:16]Mr. Witness, where are you during the incident?
[16:21]I was at Tacurong City, visiting my grandparents.
[16:30]Where are you last February 25, 2022? I was at Tacurong City, visiting my grandparents. You said that Mr. Pacheco is generous and kind to his family and friends. Can you please tell us how many years you and Mr. Pacheco have been best friends?
[16:20]Since elementary, we've been best friends. Can you please tell us how many years you've been best friends?
[17:51]You said that you visited your grandparents. Where is it located? It is located in Tacurong City. On February 25, 2022, where are you? I was in the house of my cousin for celebration. That's all your Honor.
[18:09]Miss Prosecutor, do you want to cross-examine? Yes, your Honor. You may proceed. Okay, Mr. Witness, where are you last February 21, 2022? I was in Tacurong City, visiting my grandparents. Where are you last February 25, 2022? We were at Cousin's house. How sure are you that Mr. Baslan is not there during the incident? Because I was also in Tacurong City, together with Mr. Baslan. What did you do last February 25, 2022? We were celebrating our cousin's birthday. That's all your Honor. Is there any redirect examination? No, your Honor.
[19:03]Thank you, jury for your service today. Court is adjourned.
