COURT INTERPRETER:

All rise… etc etc..

Prayer…

COURT: Call the case s.

INTERPRETER:

For Arraignment and pre-trial conference, Criminal Case No. 2020-0987-D,

People of the Philippines versus Lyndon Clauna for Violation of Section 10(a) of
R.A. 7610. Appearances, please.

PROS. EVANGELISTA:

For the government, Your Honor. Ready.

ATTY. BATAAN:

Good morning, Your Honor, for the accused, Your Honor. The accused is
ready to be arraigned, Your Honor.

COURT:

Arraign the accused.

COURT INTERPRETER:

(Reads the Information) What is your plea?

ACCUSED:

Not guilty, Your Honor.

COURT:

Proceed with the pre-trial.

PROS. EVANGELISTA:

Your Honor, may we pray for the marking of the following exhibits:

Exhibit “A” - Sinumpaang Salaysay of the victim

 Dannah Faye A. Casaclang;
Exhibit “B” - Sinumpaang Salaysay of the father of the
victim, John Paul Casaclang;
Exhibit “C” - Sinumpaang Salaysay of Mark Jayson
Exhibit “D” - Certification of the Police Blotter;
Exhibit “E” - Certificate to file action issued by the
Barangay;
Exhibit “F”- Certificate of Live Birth of Dannah
Faye A. Casaclang ;
Exhibit “G” - The medico-legal certificate issued by the
Region I Medical Center, Dagupan City
COURT:

Mark it.

PROS. EVANGELISTA:

For our witnesses, Your Honor, we will be presenting the victim, Dannah
Faye A. de Guzman, her father John Paul Casaclang, Mark Jayson, PSMS Untalan,
and Dr. Ena Corpuz.

ATTY. BATAAN:
For the Defense, Your Honor, we have no documentary exhibits to be
marked and we will be presenting the accused and his friend Mark Apalla as our
witnesses.

COURT:

Any proposal for stipulation?

PROS. EVANGELISTA:

Yes, Your Honor. May we propose for admission the following, Your
Honor: The identity of the parties being neighbors at Bonuan Binloc, Dagupan
City, Pangasinan;

ATTY. BATAAN:
 Admitted, Your Honor.

PROS. EVANGELISTA:

The minority of the victim AAA as evidenced by her Certificate of Live

Birth.

ATTY. BATAAN:

Admitted, Your Honor.

PROS. EVANGELISTA:

The fact of reporting of the incident in Dagupan City Police Station as

evidenced by the Certification of the Police Blotter entry.

ATTY. BATAAN:

Admitted, Your Honor.

PROS. EVANGELISTA:

No further proposal, Your Honor.

COURT:

On the part of the Defense, any proposal for stipulation?

ATTY. BATAAN:

We only propose for admission, Your Honor, the identity of the accused
Lyndon Clauna as the same person charged and arraigned.

PROS. EVANGELISTA:

Admitted, Your Honor.

COURT:

And what is the issue raised in this case?

PROS. EVANGELISTA:
 Whether or not the accused can be held liable for the crime of Violation of
Section 10(a) of RA 7610, Your Honor.

COURT:

So you choose your dates for the presentation of your evidence. Before we
terminate the pre-trial, are there anything else you wanted to add?

PROS. EVANGELISTA:

Nothing more, Your Honor.

ATTY. BATAAN:

We have no more to add, Your Honor.

COURT:

In that case, let the Pre-trial Order be issued.

INTERPRETER:

For initial presentation of prosecution’s evidence, Criminal Case No. 2020-

0987-D, People of the Philippines versus Lyndon Clauna for Violation of Section
10(a) of R.A. 7610. Appearances, please.

PROS. EVANGELISTA:

For the government, Your Honor. Ready.

ATTY. BATAAN:

Good morning, Your Honor, for the accused, Your Honor. We are ready,
Your Honor.

COURT:

Call your witness.

PROS. EVANGELISTA:

May we call to the witness stand Dannah Faye Casaclang. (WITNESS

TAKES THE WITNESS STAND)

COURT:

Swear the witness.

COURT INTERPRETER:

Q Do you swear to tell the truth and nothing but the truth in your testimony?

A Yes, sir.

Q Please tell your name, age and other personal circumstances.

A I am Dannah Faye Casaclang, 16 years old, single, a Grade 11 student and a

resident of Bonuan Binloc, Dagupan City.

PROS. EVANGELISTA:
 Your Honor we are offering the testimony of this witness who is the minor
victim in this case to prove that sometime January 5, 2020, the accused uttered
unsavory words to this minor victim who was subjected to humiliation and
degrading her intrinsic worth as a human being; she will identify the accused,
pertinent documents and she will testify on other matter relevant to this case. May
I proceed, Your Honor.

COURT:

Proceed.

DIRECT EXAMINATION OF
PROS. EVANGELISTA:
Q Good morning, Ms. Witness. Do you know that there is a God?

Q And do you know that telling a lie is wrong?

Q So will you only tell the truth today?

Q Madam witness how old are you?

A I am sixteen (16) years old, Madam.

Q When was your birthday?

A January 22, 2005, Madam.

Q And what grade are you in right now?

A Grade 11, maam.

* Your Honor the Birth Certificate has been stipulated upon and was marked

as our Exhibit “D” during the Pre-trial, we are maintaining the

same.
Q You said you are from Bonuan Binloc, right ms. witness?

A Yes, Madam.

Q Who lives with you in your house?

A My father, maam.

Q Why, where is your mother?

A She already passed away when I was a child, ma’am.

Q So only you and your father live in the same house?

A Yes, maam.

Q Around 11:00 in the evening of April 1, 2021, do you remember

where you were?

A Yes, Madam.

Q Where were you at that time and date?

A I was in front of the store, Madam.

Q When you said store, is that your store?

A It’s my father’s store, Madam.

Q And who manages that store?

A My father ma’am. But when he is away and has work, I look after it.

Ako po yung nagbabantay.

Q Where is your store located?

A Just beside our house in Bonuan Binloc, Madam.

Q It was already late at night, 11:00 P.M., what were you still doing at

your store?

A I was about to close it that time.

Q Who were your companions, if any, at that time?

A Mark Jayson dela Cruz, Madam.

Q Who is this Mark Jayson dela Cruz?

A He is my childhood friend (kababata), Madam.

Q Were there others who were with you at that time?

A Lyndon Clauna arrived, Madam, together with Mark Apalla.

Q You mentioned a certain Lyndon Clauna, is he the same Lyndon

Clauna, the accused in this case?

A Yes

Q How are you related to him?

A He works as the driver of my father’s tricycle

Q Does this Lyndon Clauna live in the same barangay as you?

A Yes maam

Q If this Lyndon Clauna is in court today, could you please point to

him?

INTERPRETER:
 Witness is pointing to the person seated in the back of the

courtroom, wearing yellow, and when asked to state his name,

identified himself as Lyndon Clauna.

Q You said ms witness that he arrived, what happened then?

A I noticed he was drunk and smelled of liquor. Both he and his

companion.

Q Do you know the name of his companion?

A Mark Apalla, maam. They are friends.

Q What happened next?

A They were talking maam. He then suddenly got mad at me maam and

attacked me.

Q You said he suddenly got mad, how did you know that he was mad?

OBJECTION: WITNESS IS INCOMPETENT, she could not possibly know

the mind of the accused.

COURT The Witness may answer.

A He looked very angry and raised his voice, but I could not understand

what he was saying.

Q Do you know of any reason why he got mad at you?

A I don’t know maam. He was drunk that time.

Q You said he attacked you, what exactly did he do?

A He strangled me maam.

Q What hand did he use in strangling you, the left or the right?

INTERPRETER:

Witness raised both hands.

Q What happened next?

A He slapped me here maam. There are even marks.

INTERPRETER:

Witness is pointing to the back of her neck/on the nape.

Q When he strangled and slapped you, what happened?

A I fell to the floor maam.

Q When he strangled and slapped you and you fell to the floor, how did

you feel?

A At first I was very shocked. What he did hurt very much.

Q Where did it hurt?

A Here maam (witness pointing to the front, sides and back of her neck)

Q After he attacked you, what happened next?

A I stood up. He was being restrained (inawat) by Mark Jayson and his

companion Mark Apalla. Then he shouted at me “NAGPAPAIYOT KA

SA INYO, WALANG PINSAN-PINSAN.”

Q When he was restrained, what did you do?

A I couldn’t move and couldn’t talk sir. I was in shock (tulala ako sa

nangyari). My body hurt.

Q What happened next?

A Lyndon and Mark Apalla left maam. I was left with Mark Jayson to

close the store. He then accompanied me to the front of our house.

Q When you arrived at your house, what happened?

A Mark Jayson was talking to me but I could not answer him. He then

left and went home.

Q Was there anyone else at your house that time?

A No one sir. My father was still outside doing work.

Q What did you do next ms witness?

A I cried myself to sleep sir

Q You said your father was not there, do you know when he arrived?

A No sir. But the next morning he saw me crying and asked me what

happened.
Q What did you tell him?

A I told him everything that happened that night. That Lyndon strangled

me, slapped me and told me degrading statements. Nakakasirang-puri

na salita. He even saw marks on my neck.

Q What was your father’s reaction when he learned of these?

A He was very mad sir. He said that we will go to the barangay hall to

report.

Q Did you go to the barangay hall that day?

A Yes sir.

Q Who were with you at the barangay hall?

A My father sir. There were also barangay officials.

Q What happened at the barangay hall?

A We reported to the barangay official. I told them everything that

happened. And then they called Lyndon sir

Q You said they called Lyndon, did he arrive?

A Yes sir

Q So you had a confrontation with the accused?

A Yes sir but he was just silent all the while. (hindi siya nagsalita)
Q You said you reported the incident, is there any proof that you indeed

went to the barangay hall and reported the same?

A They gave us a document sir.

Q I am showing to you a document entitled Certificate to File Action

issued by the Lupon Tagapamayapa of Bonuan Binloc. Is this the

document you are referring to?

A Yes sir.

* Your Honor, we pray that this Certificate to File Action be marked as our

Exhibit E.

Q What else did you do next afterwards ms witness?

A My father and I went to the police station sir.

Q How about the accused, where was he?

A I don’t know sir. He was not at the police station.

Q You said you went to the police station, what happened there?

A The police interviewed me sir.

Q You said you were interviewed, was it reduced into writing?

A Yes sir.

Q I am showing to you a Sinumpaang Salaysay of one Dannah Faye

Casaclang, do you know this document?

A Yes sir. I signed it.

Q Is this your signature?

A Yes sir. *witness is pointing to the signature above the name Dannah

Faye Casaclang

Q How about this signature above the name of the police officer, whose

signature is this?

A The police officer who interviewed me sir.

Q Did you read this salaysay of yours before signing it?

A Yes sir.

Q And do you confirm and affirm all the statements written here are true

and correct?

A Yes sir.

* Your Honor may we mark this SS of Dannah as our Exhibit A and the

signature of Dannah as A-1.

Q After going to the police station, where did you go next ms witness?

A To Region 1 hospital sir.

Q What did you do there?

A We requested for a medical certificate sir.

Q Were you able to talk to a doctor at the hospital?

A Yes sir.

Q Did a doctor examine you?

A Yes sir.

Q And what proof can you show us that indeed you went to the hospital

and the doctor examined you?

A They gave us a medical certificate sir.

Q I am showing you a medico-legal certificate, is this the same medical

certificate you mentioned?

A Yes sir.

* Your Honor, we pray that this medico-legal certificate be marked as our

exhibit G.

Q Where else did you go?

A Nowhere else, sir.

Q Ms Witness, you narrated to us the story of how the accused hurt you

and told words against you, particularly the words, and I quote,

“NAGPAPAIYOT KA SA INYO, WALANG PINSAN-PINSAN”. How

did you feel?

A I was very hurt sir. My head and neck hurt. I could not talk at first

because I was shocked and hurt. I kept crying.

Q Even after the day when the incident happened?

A Yes sir. Na-depress po ako. I couldn’t eat. I couldn’t sleep. I found it

hard to concentrate on my studies. Until now, I still dream of the

events that happened that night, that he strangled and hit me.

Sometimes, I would suddenly break down.

* May we put on record Your Honor that the witness was sobbing and visibly

in distress while she was answering this question.

PROS. EVANGELISTA:

That will be all for the witness, Your Honor.

COURT Cross?

ATTY. BATAAN:

With the kind permission of the Honorable Court.

COURT Proceed

BY ATTY. BATAAN:

Q So this incident, according to you, the incident happened on April 1, 2020, is

that correct?

A Yes, maam.

Q Immediately after the April 1, 2020 incident, you and your father reported to
the Barangay?
A Yes Maam, we went to the Brgy. and reported the incident.

COURT:

Q Was your father present at the incident?

A No, Your Honor.

Q So only you and the accused Lyndon were present during the incident?

A No, Your Honor, Mark Jayson and Mark Apalla were also there.

Q Where exactly did the incident happen?

A Infront of the store, Your Honor.

COURT:

Continue.

ATTY. BATAAN:

Q So, you reported the incident in the barangay, is that correct?

A Yes, Ma’am.

Q You claimed that you have gone to the Barangay in order to report the
incident, right?

A Yes, Your Honor.

Q According to you, on April 1, 2020, accused uttered “NAGPAPAIYOT KA

SA INYO, WALANG PINSAN-PINSAN”, is that correct?

A Yes, sir.

Q But there were several person at that time, am I correct?

A Yes, sir.

Q But the accused did not specify that you are the one being referred to, is that
correct?
A He did not, sir, because there were several persons who was there.

COURT:

Q So it may refer to the other girls that you were with at that time?

A I was the only girl at that time, Your Honor.

COURT:

Continue.

ATTY. BATAAN:

Q Your friends are not from your barangay?

A Yes, Ma’am.

Q Despite late at night, they were still there?

A Yes, Ma’am.

Q So you quarreled with the accused?

A Yes, sir.

Q What are the hurtful words that you mentioned to him?

PROS. EVANGELISTA:

Immaterial, Your Honor.

Atty. Bataan:

Your honor, the counsel would like to illicit from the witness whether the
words are truly hurtful that leads to the incident complaint herein.

COURT:

Answer.

Witness:
A “’Tang ina mo, papansin ka, bakit ka ganyan sa akin”, which means “vulva
of your mother, you attention seeker, why are you like that to me”, Maam.

Q And also your friends uttered hurtful words against the accused?

A No longer, maam.

Q So in other words, your other friends were not hurt with what Lyndon
uttered, is that correct?

A They just no longer replied, maam.

ATTY. BATAAN:

We are through, Your Honor.

PROS. EVANGELISTA:

Re-direct, Your Honor,

COURT:

Proceed.

(REDIRECT)

COURT:

Next witness.

PROS. EVANGELISTA:

May we call to the witness stand John Paul Casaclang. (WITNESS TAKES
THE WITNESS STAND)

COURT:

Swear the witness.

COURT INTERPRETER:

Q Do you swear to tell the truth and nothing but the truth in your testimony?

A Yes, sir.
Q Please tell your name, age and other personal circumstances.

A I am John Paul Casaclang, 46 years old, widow, father of the complainant

and a resident of Bonuan Binloc, Dagupan City.

PROS. EVANGELISTA:

Your Honor we are offering the testimony of this witness who is the father
of the minor victim in this case to corroborate the testimony of the complainant
and (insert more)

COURT:

Proceed.

PROS. EVANGELISTA:

Q Did you know the accused Mr. Witness?

A Yes, he is my driver

Q How long is he in your service?

A Around 2 months sir.

Q Mr. Witness, I would like to ask you about the incident, is that okay?

A Yes sir.

Q Were you present when the accused assaulted the victim?

A No sir.

Q Where were you during the incident?

A I was attending to my Meat Shop delivery services until 3 AM in the

morning sir.

Q Please narrate to the court how did you learn of the incident.

A One day I woke up to find my daughter crying,

Q What did you do?

A I asked her what happened.

Q What did she say?

A She told me that Lyndon had assaulted her and speak ill of her in front of her
friends.

Q Did you observe anything about your daughter?

A Yes sir, I noticed red marks on the neck of my daughter

Q What did you do upon discovering the red marks on the neck of the victim?

A I was enraged and ask her if who did that to her.

Q What was her answer, if any?

A She said she was choked and slapped by Lyndon.

Q What else did Lyndon do to her?

A My daughter said that Lyndon said “Nagpapaiyot ka diyan sa inyo, walang

pinsan pinsan”

Q What did you do after that, if any?

A I immediately went to the barangay hall to report the incident sir.

Q What happened next?

A The barangay captain summoned Lyndon for concilliation sir.

Q What happened with the concilliation?

A We failed to reconcile sir. I was enraged by the mere sight of him. I scolded
him and then told him that he is not welcome in my house and that he should look
for another job.

Q Can you describe your observation to the accused while you are scolding
him?

A He was silent. He did not say anything back at me.

Q After the failed reconcilliation in the barangay, what happened?

A We requested for the issuance of certificate to file action sir.

Q After acquiring the certificate to file action, what else happened?

A I called Dannah’s friend Jayson Dela Cruz sir, and then we went to the
police station.

Q What happened in the police station?

A My daughter narrated the incident and we executed sinumpaang salaysay.

Q (Identification of Sinumpaang Salaysay)

A Yes sir.

Q After executing a sinumpaang salaysay, what else happened?

A The Police referred us to the hospital to check the injuries of my daughter

sir.

Q What happened in the hospital?

A Dannah narrated the cause of the injury to the doctor sir.

Q What happened next?

A The doctor examined her neck sir.

Q After the doctor’s diagnosis, what happened next?

A We went home sir.

Q What did you notice on your daughter?

A I noticed that my daughter is sad, and lonely. She refused to eat for days and
had a hard time sleeping at night.

PROS EVANGELISTA:

No more questions your honor.

COURT:
 Cross.

ATTY. BATAAN:

With the kind permission of the Honorable Court.

COURT:

Proceed.

Q Mr. Witness, you testified a while ago that the victim/complainant in this
case is your only daughter, is that correct?

A Yes, Ma’am.

Q You testified a while ago that in the morning of April 2, 2021, you just saw
your daughter crying, is that correct?

A Yes, Ma’am.

Q And you said that when you ask her what was wrong, she said that the
accused, assaulted her and spoke ill of her in front of her friends, is that correct?

A Yes, Ma’am.

Q Mr. Witness, that was the first time that you came to know what allegedly
transpired between the accused and your daughter on April 1, 2021 at 11 in the
evening?

A Yes, Ma’am.

Q And you believed her immediately, without knowing what really happened
or what really transpired between her and the accused because she is your only
daughter and you were carried away seeing her crying and tearful, is that correct?

A Yes, Ma’am.

Q You also testified that you saw red marks around or in her neck is that
correct?

A Yes, Ma’am.
Q But, aside from what she have told you, you have no personal knowledge as
to when, where or how did she get the injuries around or in her neck?

A Yes, Ma’am.

Q You also testified during your direct, Mr. Witness that Mr. Lyndon Clauna,
the Accused in this case is one of your drivers, you being a tricycle driver operator,
is that correct?

A Yes, Ma’am.

Q For how long again had he been your driver, Mr. Witness?

A About 2 months.

Q For that span of time that the accused had been driving the tricycle that you
operate, how was your relationship with him?

A Our relationship was okay, Ma’am.

Q What do you mean by that “Okay”, Mr. Witness?

A Not good not bad.

Q Did you have any misunderstanding prior to the incident?

OBJECTION That would be material and irrelevant

Court Witness may answer.

A None, Maam.

Q Being residents of the same barangay, Mr. Witness, how was your
relationship with him?

A Our relationship was okay also, ma’am.

Q Meaning to say, you have not encountered any trouble also outside your
operator-driver relationship?

A Yes, Ma’am.
Q Mr. Witness, being residents of the same barangay, have you heard any
trouble that the accused had been involved in?

A Yes, Ma’am. I heard that he was always drunk, Ma’am.

Q You mentioned that the accused is a drunkard, and also your driver?

A Yes, Ma’am.

Q And when that he is drunk he cannot drive?

A Yes Maam

Q And when he cannot drive, you do not have any income, is that correct?

A Yes Maam

Q And since you don’t have income, you want to replace him as your driver?

OBJECTION: IMMATERIAL. The counsel cannot utilize my witness for the

defense of the accused.

COURT Sustained. Atty. Bataan, allege that when it’s your turn to present
evidence

Atty. BataanYes your honor.

ATTY. BATAAN:

That’s all for the witness, Your Honor.

COURT:

Any re-direct?

PROSECUTOR EVANGELISTA:

No redirect your honor

COURT:

Call your next witness

PROS. EVANGELISTA:
 May we call to the witness stand Mark Jayson Dela Cruz. (WITNESS
TAKES THE WITNESS STAND)

COURT:

Swear the witness.

COURT INTERPRETER:

Q Do you swear to tell the truth and nothing but the truth in your testimony?

A Yes, sir.

Q Please tell your name, age and other personal circumstances.

A I am Mark Jayson Dela Cruz, 19 years old, single, and a resident of Bonuan
Binloc, Dagupan City.

(((OFFER OF WITNESS)))

Q: Do you know Dannah faye?

A: Yes sir, we are friends and neighbors

Q: how long?

A: Since childhood sir.

Q: How close is your house to their house?

A: Our house is just beside their house sir.

Q: Where were you that night?

A: I was in front of Casaclang store sir.

Q: Is that the store of Dannah?

A: Yes sir.

Q: What were you doing?

A: I bought some snacks and chatted with Dannah Faye sir.

Q: Notice any incident?

A: I noticed that Mr. Lyndon Clauna arrived along with Mr. Mark Apalla sir.

Q: Can you point who is Mr. Lyndon Clauna?

A: Yes sir (points at Lyndon)

Q: How did you know Lyndon Clauna

A: He is tricycle driver of John Paul sir

Q: What happened when Lyndon and Mark arrived?

A: I heard them talking about sports and some random political stuffs sir.

Q: How far were you?

A: I was around 3 meters from them sir

Q: Did you notice anything strange when they arrived?

A: I noticed that they were drunk when they arrived sir.

Q: Where was dannah during that time?

A: She was in front of the store beside me sir

Q: What happened next?

A: We were startled when Lyndon suddenly got mad at Dannah Faye sir

Q: Are you aware of any reason?

A: I could not think of any reason sir.

Q: What happened next?

A: He placed his hands around Dannah’s neck choking her and slapped her nape
which caused Dannah to fall on the ground sir.

Q: What was your reaction?

A: I was shocked, and I couldn’t move sir.

Q: Did you try restraining Mr. Lyndon?

A: Despite being scared that he might also hit me, I tried pulling him away from
Dannah sir.

Q: What happened next?

A; I was able to pull Mr. Lyndon away from Dannah sir, however as I was pulling
him away, he uttered vulgar words against Dannah like “nagpapaiyot ka sainyo,
walang pinsan pinsan.”

Q: After hearing what Mr. Lyndon said, what was Dannah’s reaction?

A: Dannah started crying while still lying on the ground sir.

Q: What happened next?

A: Mr. Mark Apalla intervened and restrained Mr. Lyndon. After that, they left us
sir.

Q: What happened next?

A: I tried to calm Dannah and helped her close the store. She was crying the whole
time sir.

Q: Did she talk?

A: No, she was not responsive sir. She didn’t even look at me.

Q: What happened next?

A: I escorted her inside of their house and advised her to inform her dad about the
incident to which she just nodded her head. After that she closed the door and I left
their house sir.

Q: What happened next?

A: I went home and next day, I received a call from Dannah Faye’s father to
accompany them to the Police Station in order to have my testimony recorded.

- Next questions signed documents, series of questions answered by Yes sir.

Q: A few days after the incident, did Dannah tell you anything?

A: That she could not eat or sleep.

PROS EVANGELISTA:

No more questions your honor.

COURT:

Cross.

ATTY. BATAAN:

ATTY. BATAAN:

With the kind permission of the Honorable Court.

COURT:

Proceed.

Q Mr. Witness, you testified a while ago that the incident happened late in the
evening so it was dark, is that correct?

A Yes, Ma’am.

Q Was there any light in the vicinity?

A Yes, Ma’am. There was a light coming from inside the store

Q And you said the accused arrived, how could you tell that it is him and he
drunk?

A Because there is a light from the store so I knew it was them and they
sounded drunk and they smell alcohol

Q You also said that the accused and mark apalla is talking, is that correct

A Yes maam

Q And that the accused suddenly got mad and lashed out of anger
A Yes maam

Q Did you know why he was angry?

A I do not know maam

Q By the way Mr witness between you and dannah, at the moment he lashed
out of anger, who was nearer to the accused?

A It was dannah maam

Q So when the accused lashed out of anger the first person he grabbed is
dannah, is that correct?

A Yes maam

A Yes maam

Q And afterwards you restrained him correct?

A Yes maam

Q And that mark apalla also restrained him

A Yes maam

Q While both of you is restraining him, he was shouting a lot of unsavory

words

A Yes maam

Q So he was shouting at all of you?

A Yes maam

ATTY. BATAAN:

That’s all for the witness, Your Honor.

COURT:

Any re-direct?
PROSECUTOR EVANGELISTA:

No redirect your honor

COURT:

Call your next witness

PROS. EVANGELISTA:

We call to the witness stand the doctor, Your Honor.

(WITNESS TAKES THE WITNESS STAND)

COURT INTERPRETER:

Q Do you swear to tell the truth and nothing but the whole truth in your
testimony?
A Yes, sir.
Q Please state your name, age and other personal circumstances?
A I am DR. ENA CORPUZ, 36 years old, married, a physician and a
resident of Dagupan, Pangasinan.
PROS. EVANGELISTA:

Your Honor, the good doctor will testify as to the fact that she is an expert
witness, that she was then the good doctor who attended to the patient by
the name Dannah Faye Casaclang, the private complainant in this case
against Lyndon Clauna; she will testify as to the fact that on April 2, 2021
the patient Dannah Faye Casaclang was referred to her for medical
examination; that she examined her on the said date, in fact the result of
the examination was reduced into writing by her in particular, in the
Medico Legal Report submitted before this Honorable Court; she would
identify the Medico Legal Report in relation to the examination she
conducted on the minor victim Dannah Faye Casaclang and she would
explain the contents of the medico legal report she executed in relation to
the examination she conducted on the person of Dannah Faye Casaclang,
your Honor.
 With the permission of the Honorable Court.

COURT:

Please proceed.

PROS. EVANGELISTA:

May we know first if the good counsel for the accused would admit the
expert qualification of the witness, your Honor.

ATTY. BATAAN:

We will not admit, your Honor.

PROS. EVANGELISTA:

May I proceed, your Honor.

Q Madam Witness, you are a doctor by profession?

A Yes, sir.

Q Where did you take up your medical course?

A I took up my medical course at the University of Santo Tomas

Q What year did you graduate?

A 2009, Sir.

Q After graduating, did you take up the licensure examination?

A No, Sir. I had my internship for 1 year as a requirement before taking the
licensure exam.

Q After you had internship, did you take up the licensure examination?

A Yes, sir

Q Did you pass the same?

A Yes, Sir.

Q What year?

A 2011, Sir.

Q After passing the licensure examination, what did you do?

A I had my residency at Region 1 Medical Center, Sir

Q What year was that?

A 2012 to 2014, Sir.

Q After your residency, what did you do?

A I started my practice, Sir.

Q What place did you practice your profession?

A Pangasinan, Sir
Q As what?
A As pediatrician, Sir.
Q Where?

A At Region 1 Medical Center, Dagupan, Pangasinan, Sir.

Q You are a resident of Dagupan?

A Yes, sir.

Q What year did you start practicing in Pangasinan?

A 2014, sir.

Q Up to the present?

A Yes, Sir.
Q At what unit in Region 1 Medical Center have you been assigned, madam
witness?
A At the Women and Children Protection Unit, sir.
Q May we know how long have you been assigned at the Women and
Children Protection Unit (WCPU) of Region 1 Medical Center?
A Yes, sir.
Q Since when and until when?
A Since 2014 up to present, Sir.

Q Can you tell me about how many examinations have you conducted of
minors referred to you, in particular victims of child abuse cases, ma’am?
A In a 24 hour duty, I usually interview a minor patient average of two, sir.
Q And aside from interviewing them, you also conduct examination on them,
ma’am?
A Physical examination, sir.

PROS. EVANGELISTA:

May we know if the counsel is satisfied, your Honor.

ATTY. BATAAN:

Yes, your Honor.

PROS. EVANGELISTA:

May we then proceed, your Honor.

Q Now, on April 2, 2021 kindly tell me if you were on duty at the WCPU at
the Region I Medical Center?

A Yes, sir. I was on duty on that day.

Q Now, and at that time while you were on duty if a patient by the name
Dannah Faye Casaclang was referred to you?

A Yes, sir.

Q Who referred Dannah Faye Casaclang to you?

A The PNP of Dagupan, Sir.

Q Can you tell me, how did the police refer Dannah Faye Casaclang to you?

A The WCP Desk of the PNP Dagupan texted me ahead, Sir.

Q So at that time, did you notice who was with Dannah Faye Casaclang?

A Dannah Faye Casaclang was accompanied by her father John Paul

Casaclang.

Q You mentioned that you usually conduct interview of the person referred to
you?

A Yes, sir.

Q In this case, can you tell us if you did that, if you interviewed Dannah Faye
Casaclang?

A Yes, sir.

Q Kindly tell me the result of the interview conducted?

A I asked the name of the patient or the victim and then I asked the
perpetrator and it was Lyndon Clauna, 43 years old, single, driver and who
lives in Brgy. Bonuan Binloc, Dagupan City. As verbalized by the victim,
“ sinakal po ako sinampal sa leeg at sinabihan ako na NAGPAPAIYOT
KA SA INYO, WALANG PINSAN-PINSAN.”
Q What else did you observe or notice about the victim?

A While I was interviewing the victim, she kept on crying and sometimes she
was not responsive to my questions. She barely talked with me. I noticed
that the victim was absent minded. She was also pale. According to her,
she had not slept the night before and had not eaten that day.

Q Do you have with you the written copy of the interview?

A Yes, sir.

Q Can you show to us the written document?

A Yes, sir.

PROS. EVANGELISTA:

May we just ask that this intake note prepared by Dr. Ena Corpuz because
we just learned of the same today, be marked as Exhibit G-2, your Honor.

ATTY. BATAAN:

May we make it of record your Honor that the same was not marked
during the pre-trial, your Honor.

PROS. EVANGELISTA:
 Yes your Honor that’s why we are manifesting that we only learned of
this document today. We would be asking that the same be marked as
Exhibit G-2.

COURT:

Mark it.

PROS. EVANGELISTA:
Q And after the interview you conducted on the victim, what did you do,
next?

A After interviewing the victim, I conducted physical examination, sir.

Q And what was the result of your physical examination conducted on the
victim?

A For the physical examination, there were abrasions located on the neck,
to be specific: two (2) linear abrasions 1 cm in length at the base of the
right mandibular area; one (1) linear abrasion 1 inch in length at the right
lateral neck; two (2) linear abrasions 1 cm in length at the back of the
neck; and four (4) minute circular abrasions at the left lateral neck.

Q when you said linear abrasions, what are these?

A Linear abrasions were signs of fingernail marks, sir.

Q When you said “at the base of the right mandibular area”, where is this
located?

A That is located at the lower jaw, sir.

Q You also mentioned 4 minute circular abrasions at the left lateral neck,
what do these mean?
A There were 4 small circular marks at the left side of the neck, sir.

Q You said there were abrasions on her neck, what could have caused such
injuries?

A The abrasions could have been caused by a hard object but mildly

inflicted, sir.

Q You mentioned they could have been caused by hard object, what kind of
hard object?

A A Hands and finger nails, sir.(pwede bang idagdag dito ung and other
hard objects? )

Q Was there blood?

A None, sir. There were only first degree abrasions.

Q You mentioned first-degree abrasion, what are these?

A First-degree abrasions involve superficial damage to the epidermis. They

are sometimes called scrapes or grazes.

Q Could you describe these first degree abrasions?

A The abrasions were greenish in color, signifying that they were still fresh.
Q How fresh were they, madam witness?

A 1 to 2 days???

Q What else did you notice to the victim’s body?

A I did not notice other injuries on the body of the victim except those on her
neck.

Q Did she tell you who and what caused the abrasions?

A She told me that she was strangled by one Lyndon Clauna.

Q Can there be complications?

A Yes, there can be complications. Some deeper abrasions may lead to

infection or scarring. But most mild abrasions will heal quickly.

Q What was your advice or prescription to the minor victim?

A I advised the victim to apply Neosporin ointment or Bacitracin ointment.

Q What is this ointment for?

A Neosporin ointment or Bacitracin ointment is used to prevent and treat
minor skin infections caused by small cuts, scrapes, or burns.

Q How long will the abrasions sustained by the victim heal?

A These abrasions heal in 2-3 days.

Q Doctor, did you reduce your findings into writing on your medical
examination conducted on the victim Dannah Faye Casaclang?

A Yes, sir. I issued a Medical Certificate.

Q If you will be shown that Medical Certificate, will you able to identify
the same?

A Yes, sir.

Court Interpreter:

Showing to you here this Medical Certificate, already marked as Exhibit

G, please take a look at this and tell us if this is the same Medical
Certificate that you issued to Dannah Faye Casaclang.

A Yes, sir.

Court Interpreter:
 The attending physician Dr. Ena Corpuz, M.D. and on top of which is a
signature, is this your signature, doctor.

A That’s mine, sir.

PROS. EVANGELISTA:

We will be asking the marking of the signature as Exhibit G-1 for this
case, your Honor.

PROS. EVANGELISTA:

We have no further question your Honor.

COURT:

Cross?
ATTY. BATAAN:

With the permission of the Honorable Court.

COURT:

Proceed.

ATTY. BATAAN:

Q You said that there were abrasions on the neck of Dannah Casaclang?
Am I Right?
A Yes maam
Q You said it could have been caused by hard object, isn’t it?

A Yes
Q What again could have caused these abrasions, Dr.?
A hard objects like, hands, fingernails and other objects
Q so if you said that IT Could have been caused by hard objects you are not
sure of what really have caused it, am I correct Dr.?
A yes
Q So am I correct if I also say that it could have been caused also by
something not only by hands or fingernails like what you have said, DR.?
A yes
Q So in saying that, Ms. Witness, it is like saying you are not sure what
really caused these abrasions, correct?
A Yes
Q You are not sure because you are not there when the incident happened,
isn’t it Dr.?
A Yes

ATTY. BATAAN:

No further question, your Honor.

PROS. EVANGELISTA:

Re-direct, your Honor.

A

PROS. EVANGELISTA:
 No other question, your Honor.

ATTY. BATAAN:
 Few re-cross, your Honor.

ATTY. BATAAN:
 That is all, your Honor.

COURT:

Next witness.
PROS EVANGELISTA:

No more witness your honor. Instead we formally offer the documentary

evidences as follows:

COURT:

Comment

ATTY BATAAN:

We object to the following:

COURT:

Is the witness for the defense ready?

ATTY BATAAN:
Yes your honor. We are ready
COURT:

Proceed.

ATTY BATAAN:
 Thank you your honor. We call to the witness stand Lyndon Clauna,
Your Honor.

(WITNESS TAKES THE WITNESS STAND)

COURT INTERPRETER:

Q Do you swear to tell the truth and nothing but the whole truth in your
testimony?

A Yes, sir.

Q Please state your name, age and other personal circumstances?

A Lyndon Clauna, 43 years old, married, a driver and a resident of

Bonuan Binloc, Dagupan City, Pangasinan.

ATTY. BATAAN:

The testimony of the witness is being offered for him to deny the
accusations of the private complainant against him; he will also testify on
the motive of the private complainant and her father and he will testify to
other matters relative to this case. May I proceed, your Honor.

COURT:
Proceed.

ATTY. BATAAN:
With the kind permission of the Honorable Court.

DIRECT EXAMINATION
ATTY. BATAAN:

Q Do you know John Paul Casaclang?

A Yes, maam.

Q How did you know him?

A I am his driver, maam.

Q Since when have you been his driver?

A Since January 2021, maam.

Q As a driver of John Paul Casaclang, what is the nature of your work to

him?

A I am the boundary driver of his tricycle, maam.

Q Where is your usual route?

A Around Dagupan, maam.

Q In the nature of your work, what time do you arrive home?

A 7:00 to 9:00 o’clock in the evening, maam.

Q Do you know Dannah Faye?

A Yes, maam.

Q How do you know her?

A She is the daughter of John Paul, maam.

Q How do you describe your personal relationship with Danica?

A I treat her as a niece, maam.

Q Were you here in Court when Dannah Faye and John Paul testified?

A Yes, maam.
Q You heard their testimony?

A Yes, maam.

Q What can you say about their testimony?

A There is no truth to their accusations against me, maam.

Q What is the reason, if any, why they testified on this matter against
you?

A I do not know, as far as I know she has a grudge against me, maam.

Q Who has a grudge against you?

A Dannah, maam.

Q Why? What did you do to her?

A What she does, like staying up late and I would report it to her father
when he comes home, maam.

Q Where is the father coming from?

A From work the Dagupan Market, maam.

Q What happened when you reported this matter to the father of Dannah
Faye?

A That her father would scold her, maam.

Q When he scolds her, what does Dannah do to you?

A She also gets mad at me when her father leaves, maam.

Q Do you still remember what happened on April 1, 2021?

A Yes, maam.

Q What happened then?

A I did go to their store at around 11 o’clock, maam.

Q Why did you go to their store at that time?

A I was going to buy diaper for my baby, maam.

Q Who were there when you arrived at the store?

A Dannah Faye Casaclang, maam

Q Who else?

A Mark Jayson, maam

Q Is there anyone else?

A Mark Apalla, Maam

Q Is there any more person?

A There is no more, maam

Q What happened next if any?

A I did ask Dannah for diapers.

Q What did she say?

A That it is already late and she will be closing the store.

Q What happened next?

A I pleaded to her to just give me a few pieces as there was no store

open.

Q What then happened?

A She told me that she would not give me even one diaper.

Q Did she say anything more?

A She said that “paanak anak kayo at kami mamromroblema.” and

“ikiskis mo na lang sa dahon.”

Q What did you feel after that?

A I feel insulted but I did not talk back

Q What happened next after that?

A She continued to say hurtful words, maam

Q May you say to the court the things that she said?

A She said “Driver ka lang, ang epal epal mo.” and “Mamamatay din
kayo sa gutom.”

Q What happened next?

A I got so mad maam

Q What happened next?

A I flipped after being insulted for no reason, the next thing I remember
is that Dannah was on the ground.

Q After you saw Dannah on the ground what happened next if any?

A She stood up and she started to attack me.

Q What happened after she started to attack you.

A Mark Jayson stopped her and I was pulled by Mark Apalla

Q Who were present during this incident?

A Mark Jayson, Mark Apalla, Dannah and myself maam.

Q Did anything more happened that night?

A None maam, we did go home after that.

Q What did you do after you got home?

A I did use some cloth to act as a diaper for my baby maam. Then I
spent the night awake

Q What happened the next day? April 2, 2021?

A I was summoned to the barangay.

Q Who summoned you there?

A It was the barangay captain maam

Q Do you know the reason why are you being summoned?

A Yes maam

Q What is the reason why you are summoned?

A About the incident the night before and that I physically assaulted
Dannah

Q In the barangay hall, did something happened?

A Dannah gave her statement different from what was actually

happened.

Q In what way did they differ?

A She accused me of saying malicious things to her.

Q Did anything happen after she gave her statement?

A Yes maam

Q What was it?

A I was told by John Paul Casaclang to find another tricycle to drive

because Im fired.

Q While you were there, did the barangay captain try to reconcile the
parties?

A Yes maam

Q What was the result of that reconciliation attempt?

A They did not want to reconcile and they want to file for a case against
me

Q Who are the persons you referred to as “they”?

A Dannah and John Paul

Q Did anything more happen in the barangay?

A No maam, we are dismissed by the captain.

Q What did you do after you got dismissed?

A I went home.

ATTY. BATAAN:

I have no more questions, your Honor.

COURT:

Cross.

((ADLIB CROSS))

COURT:

Re-direct.

ATTY. BATAAN:

No redirect, your Honor.

COURT:

Call your next witness.

ATTY. BATAAN:

We call to the witness stand, Mark Apalla.

COURT:

Swear the witness.

INTERPRETER:

Q Do you swear to tell the truth and nothing but the whole truth in your
testimony?
A Yes, sir.

Q Please state your name, age and other personal circumstances?

A Mark Apalla, 25 years old, single, a resident of Bonuan Binloc,

Dagupan City, Pangasinan.

ATTY. BATAAN:

The testimony of the witness is being offered for him to prove that there
was a motive in the part of the complainant against the accused.

COURT:
Proceed.
ATTY. BATAAN:
With the kind permission of the Honorable Court.

DIRECT EXAMINATION

ATTY. BATAAN:

Q Do you know Mr. John Paul Casaclang

A Yes maam

Q What is your relation to him?

A I drive one of his tricycle

Q So you know the accused, Mr. Lyndon Clauna?

 A Yes maam. We are both drivers of John Paul

Q How about Dannah Faye Casaclang? Do you know her

A Yes maam, she is John Paul’s daughter.

Q How is your relationship with the complainant?

A We are quite close maam.

Q When you said you were close, what do you mean?

A If I were to describe it, I am like his older brother.

Q How can you say that?

A Because she always tells me her problems and frustrations.

Q You said that she tells you about her problems and that you are close,
how long have you known her?

A Ive known her 4th year high school.

Q How long have you known the Casaclangs?

A Ive known them since I was a teenager.

Q How about Mr Lyndon Clauna, do you know him?

A Yes maam

Q How do you know him?

A I do often see him as one of John Paul’s driver maam

Q How is your relationship with the accused?

A We are quite close maam but sometimes we talk.

Q What are the things that you are talking about?

A Sometimes we talk about NBA, Politics, Religion, and some random

celebrity gossip.
Q Since you are close to him, How would you describe Mr. Lyndon?

A He is well mannered maam. He will always assist Mr Casaclang and

is known to be very helpful in our barangay.

Q What do you mean by helpful?

A When someone goes to him, he is always ready to help them.

Q Let’s go back to you Mr. Witness, by the nature of your work, at what
time do you usually ply your route?

A Around 4 o’clock in the afternoon, maam.

Q Until what time?

A I usually return around 10pm to 11pm

Q Why do you return that late at night?

A Because there are many passengers at night with less competition

from other tricycles.

Q Mr. Witness, on the night of April 1, 2021 where were you?

A I was in front of the Casaclang’s store

Q Why were you there, Mr. Witness?

A I was returning the tricycle and rested a bit in front of the store.

Q Who were your companions then?

A At first it was only me and Dannah, then Mark Jayson came along and
then Lyndon.

Q Can you narrate to the court what happened when you arrived at the
store?

A When I arrived maam, I noticed that Dannah was very furious. I asked
her if what happened and she told me that she got scolded by her
father.
Q And then what happened next?

A When I asked for details, she only said that “

si papa kasi pinagalitan ako, baka may sinumbong nanaman nung
kasama mong driver.”

Q After that what happened, if any.

A Mark Jayson arrived and then she told him why she was mad.

Q What happened next, if any.

A Lyndon came to the front of the store and sat on a bench there. He
asked Dannah for diapers for his baby.

Q What happened next if any?

A Dannah refuses to sell diapers saying that (Paanak anak kayo tapos
kami guguluhin ninyo) and (Gamit ka na lang ng dahon o saging)

Q And then?

A At one point she said (Sana mamatay kayo sa gutom) and (Ang epal
mo, driver ka lang naman)

Q What was your reaction when you heard this?

A I was shocked and it left me speechless.

Q What happened after that?

A Lyndon grabbed Dannah by the neck and started to choke her, then
she slapped her in the nape of the neck.

Q While this happened what did you do?

A It happened so fast and I can only react when Dannah is starting to

attack Lyndon

Q What did you do when Dannah attacked Lyndon?

A I pulled Lyndon away from Dannah.

Q Who were there when this happened?

A Me and Mark Jayson witnessed the whole incident maam

Q After that what happened?

A I insisted and accompanied Lyndon home.

COURT:

Cross.

((ADLIB CROSS))

COURT:

Re-direct.

ATTY. BATAAN:

No redirect, your Honor.