Transcript of Stenographic Notes

February 8, 2020

(Abridged and edited for study)

COURT STAFF: State your name and personal circumstances.

WITNESS: I am Curt Lakong-Tiwala Crone, twenty-four years old, single and a

resident of Sitio Pinagpalit, Suklam, Consolacion, Cebu City.

PROSECUTOR: With the Court’s permission, do you know Rody Magine?

A. Yes sir. He is there.

Q. Why do you know him?

A. I borrowed an amount of thirty thousand pesos (P30, 000.00) from him.

Q. When and where did this happen?

A. It happened last January 26, 2019 at Corner J.M.Basa-Arsenal Streets, Iloilo

City. It was during the Dinagyang Festival.

Q. What is your relation with him?

A. We are best friends. That is why he lent me that huge amount.

Q. Did you sign any instrument that could attest that such loan was made?

A. Yes. We executed a promissory note.

Q. Where did you execute the said promissory note?

A. At the same place where we agreed to have a loan?

Q. How can you execute a promissory note at the said place amid the said festivity?

It seems impossible considering that the place is crowded at that time?

A. Desperate times call for desperate measures, sir.

Q. Anyway, with the Court’s permission, can we know your reason why did you

decide to borrow the said amount?

A. For personal expenses; primarily, as payment for my tuition in the CPU College of

Law.

Q. You mentioned that earlier that the both of you executed a promissory note. What

did the said promissory note contain?

A. Rody Magine agreed that I can borrow P 30, 000.00.

Q. What is the reason that he allowed you to borrow such amount?

A. We’re best friends since we met at the seminary. Even now that we have

respective occupations, we are still very close up to now.

Q. Where did he get the said amount?

A. Rody Magine said that the said amount came from his personal savings at the

Robinson’s Bank-Iloilo Branch. It did not come from any accounts of his workplace.

Q. Are you sure?

A. Yes.

Q. How?

A. He sent me a photograph of his personal savings passbook at the Robinson’s

Iloilo Bank. The passbook reflected that there is a withdrawal of P30,000.00.

Q. When did the withdrawal of the said amount happened?

A. The picture shows that the withdrawal of the said amount happened last January

24, 2019.
Q. By the way, what is his occupation?

A. He is a Ministry Director in a renowned university in City Proper. Concurrently, he

is also the Dean of the College of Theology.

Q. Did the promissory note also contain as to how you should pay the said debt?

A. None. It only said that I would only pay him when my means permit me to do so.

Q. What is your own understanding of the phrase “when my means permit me to do

so”?

A. I believe that I would only pay him if I would be able to afford to pay without

compromising my daily needs.

Q. Did Rody Magine concurred with that interpretation?

A. Yes. In fact, it was him who had said that.

Q. Did the promissory note provide for an explicit date?

A. No.

Q. Were there any properties that were pledged in the promissory note?

A. I pledged my summer residence in Barangay Lahug, Cebu City.

Q. Did Rody Magine and you agreed that it shall constitute as collateral whenever

you failed to pay the said debt?

A. No. In fact, Rody Magine refused that I would place any of my properties as

collateral. I only pledged that property to signify that I place a high value over our

friendship. He even reluctantly accepted my offer.

Q. When did the problem with Rody Magine rose?

A. It happened last January 26, 2020, also during the Dinagyang Festival.

Q. What did transpire?

A. While I was merrymaking and dancing along Bonifacio Drive, he confronted me

and shouted in a loud voice.

Q. Can you recall what did he actually say?

A. “Bayari na ang utang mo… kadugay.. Daw mas madasig pa ako makamove on

kay Francisco nga baby boy ko kaysa sa magbayad ka sang utang mo…”

Q. No wonder. Did you ask him why?

A. Rody Magine told me that a year has already passed since I had incurred the

debt.

Q. Did he say anything else?

A. No.

Q. What did you do?

A. I reported him to the police authorities in the area for grave scandal.

Q. What did the police authorities advised you?

A. They advised me to blotter the said incident.

Q. Did they take immediate action as to the matter?

A. I have not received any updates yet.

Q. Did any other relevant event happen between you and Rody Magine?

A. Yes.

Q. Will you narrate the said event in the Court?

A. Last January 28, 2020, I was attending a vigil service at the University of San

Agustin Chapel. After the said service, I decided to take a photo of myself at the

sanctuary. I have no idea that he was also at the vicinity. Without any hesitations

whatsoever, he rushed to where I was standing and pushed me in my left torso.

Q. Did he utter something?

A. Yes. “Halin ka na di, hindi ka diri kailangan.” He also threatened me.

Q. Did you incur any physical injury?

A. Yes, I cannot move my right arm for more than two weeks.

Q. You also said that he threatened you. How?

A. He warned me that he would take over my summer residence in Cebu City if I

could not immediately produce the amount of thirty thousand pesos (P30,000.00).

Q. Did any other person witness the incident?

A. My mother also witnessed the said incident. She wanted to confront Rody Magine

but he quickly ran and hid in his office.

Q. What did you do after the incident?

A. I reported the incident to the university president. However, they took the matter

as “for further review” because there is still an ongoing investigation on Rody

Magine’s previous misconduct.

Q. What is that previous misconduct?

A. He was investigated for conniving with the students for the act of introduction of

alcoholic drinks and the toleration of drinking the same within the school campus.

Q. Did he send any demand letter?

A. He sent me within the same day, last January 28, 2020.

Q. Further, what are your allegations in this case?

A. I claim that his contention that my debt is demandable last January 26, 2020 is

invalid because we have not agreed that I would pay on the said day. I also believe

that his reason that I should have to pay the said amount because a year has lapsed
is untenable. Lastly, he also cannot immediately takeover my summer residence in

Cebu City because the same does not constitute as collateral in case of

nonpayment.

PROSECUTOR: That is all.