C-136-21 TSN Dated 08 February 2023.edited

Republic of the Philippines
REGIONAL TRIAL COURT

6th Judicial Region
Branch 17, Roxas City
Email: rtc1rxc017@judiciary.gov.ph or
lbdiaz.rtc@judiciary.gov.ph
Contact No. (036) 620-2974
PEOPLE OF THE PHILIPPINES,

Complainant,
CRIM. CASE NO. C-136-21
versus
FOR: HOMICIDE
MAMERTO ARELLANO y
BAISA, JR., (B)
Accused.
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TRANSCRIPT OF STENOGRAPHIC NOTES
taken down by the undersigned Stenographer during

the hearing of the above-entitled case held on the 08 th
day of February 2023 before the Honorable
LORENCITO B. DIAZ, Presiding Judge of this Court
JENNIE ROSE S. SOLOCASA

Court Stenographer III
Staff present:
ATTY. MENELEO A. AGUIRRE

Branch Clerk of Court V
MRS. ROIDA MAY B. AMOSIN

Court Interpreter III
Appearances:
APP JP ANTHONY D. CUÑADA

Public Prosecutor
ATTY. JOMMEL JANN KRIS A. ALERTA

Defense Counsel
Witness:
ADRIAN SOLEJON
PP vs. Mamerto B. Arellano, Jr.
Presentation of Additional Defense Evidence
WITNESS: MR. ADRIAN SOLEJON
Partial Cross-examination
Page 2 of 8 pages
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Partial Cross-Examination Testimony
COURT:
Case No. 10.
INTERPRETER:
Criminal Case No. C-136-21
For: Homicide
People of the Philippines versus Mamerto Arellano y Baisa, Jr.
Accused is present. Appearances?
APP JP ANTHONY D. CUÑADA:

For the State, Your Honor.
ATTY. JOMMEL JANN KRIS A. ALERTA:

Appearing as counsel for the accused, Your Honor.
COURT:
Prosecutor, are you ready to cross-examine the witness?
APP CUÑADA:
Ready, Your Honor.
COURT:
The hanging witness?
ATTY. ALERTA:
I’d like to call to the witness stand, Mr. Adrian Solejon.
MRS. AMOSIN: (COURT INTERPRETER III)

Witness on stand is Mr. Adrian Solejon. He will be testifying under the
same oath on cross-examination.
COURT:
Mr. Witness, kindly remove your facemask. Prosecutor?
APP CUÑADA:
Yes, Your Honor. May I proceed, Your Honor?
Page 3 of 8 pages
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Q : Good morning, Mr. Witness. You stated in your judicial affidavit in

your answer to question No.6, paragraph F, that you saw Nonato
Pampag ran after your uncle Mamerto shouting “I will kill you”,
correct?
A : (no answer yet)
ATTY. ALERTA:
Your Honor please, perhaps before the witness will answer that
question can we let him see his judicial affidavit, Your Honor?
COURT:
Show him his affidavit.
APP CUÑADA:
Yes, Your Honor.
COURT:
And, you know, if you want to impeach his credibility, what are the
procedures in impeaching credibility based on a prior inconsistent
statement?
APP CUÑADA:
Q : Could you please read, Mr. Witness, paragraph F of your answer?
A : “Gulpi nga nagdalagan palapit si Nonato Pampag pakadto kay
Mamerto B. Arellano, Jr. kag nagsinggit, “Patyon taka!” kag iya gulpi
nga ginlabo si Mamerto B. Arellano, Jr. apang nakalikaw siya sa
tabok sang wala nga karsada pero nakadanlog kag natumba siya”.
Q : Thank you, Mr. Witness. Mr. Witness, since you know how to read, I
presume that you can also understand, correct?
A : Yes, Sir.
Q : In the making of your judicial affidavit, you were asked and you
answered in Hiligaynon, correct?
A : Yes, Sir.
Q : You used Hiligaynon because it is the language you know best and
has been using since you learned how to talk, correct?
A : Yes, Sir.
Q : Your judicial affidavit you certify that you affirm and confirm were the
same, correct?
A : Yes, Sir.
Page 4 of 8 pages
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Q : Having read the same, you understood the contents thereof, correct?
A : Yes, Sir.
Q : And being asked and you answered in Hiligaynon is proof that you
understand the contents of your judicial affidavit?
A : Yes, Sir.
Q : And the contents were true, correct?

A : Yes, Sir.
Q : That is the reason why you signed it, correct?

A : Yes, Sir.
Q : During your direct-examination, you testified that you are driving a

tricycle with your grandmother?
A : (no answer yet)
ATTY. ALERTA:
Objection, Your Honor….
COURT:
Prosecutor, a motorcycle is different from a tricycle.
APP CUÑADA:
Yes, Your Honor. That’s why I am asking, Your Honor.
COURT:
That’s misleading.
ATTY. ALERTA:
Objection, Your Honor. Misleading, Your Honor.
COURT:
He was using at that time a motorcycle, not a tricycle.
APP CUÑADA:
Yes, Your Honor. I got it from my notes.
COURT:
That’s misleading.
APP CUÑADA:
Page 5 of 8 pages
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Q : You also mentioned that after Nonato went to hack Mamerto, you
stated that you went near Mamerto to pacify him, correct?
A : (no answer yet)
COURT:
The question is vague. Is it not that based on his testimony, the
deceased tried to hack several times the accused?
ATTY. ALERTA:
Yes, Your Honor.
COURT:
So you should specify.
APP CUÑADA:
Q : When Nonato tried to hack Mamerto for the first time, you stated you
went near Nonato to pacify him, correct?
A : Yes, Sir.
Q : But in your judicial affidavit, you stated in your answer to question

No.6, paragraph G that “Nagsubol dayon si Nonato Pampag kag
labuon ako.”
COURT:
There is an English translation.
APP CUÑADA:
But, Your Honor, the original answer in Hiligaynon “nagsubol”.
Q : But again, in your testimony, you stated that it was you who went
near Nonato, correct?
A : (no answer yet)
ATTY. ALERTA:
Your Honor, perhaps, Your Honor, before the witness will answer that
question, the good Prosecutor here, Your Honor, is citing, Your Honor,
the previous testimony of the witness in this case, perhaps he will cite
that testimony of him, Your Honor.
COURT:
You know, the problem is this, the Court understands your point. You
want to impeach his credibility.
Page 6 of 8 pages
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APP CUÑADA:
Yes, Your Honor.
COURT:
How should you do it?
APP CUÑADA:
By prior inconsistent statement, Your Honor.
COURT:
First, his affidavit, then ang transcript dapat ang portion. That’s the
way to do it. And then you ask him which is which.
APP CUÑADA:
Your Honor, I don’t have the transcript.
ATTY. ALERTA:
I can let him borrow, Your Honor, our transcript but it is in my vehicle,
Your Honor.
APP CUÑADA:
I merely rely on my notes, Your Honor.
COURT:
Hay indi na pwede.
APP CUÑADA:
Yes, Your Honor.
COURT:
How to impeach one’s credibility? Prior inconsistent statement. Now
in connection with that ground, what should be done?
APP CUÑADA:
Yes, Your Honor.
COURT:
What now?
APP CUÑADA:
May I ask for continuance?
COURT:
Page 7 of 8 pages
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In this particular case, you would want to impeach his credibility in his
open court testimony.
APP CUÑADA:
Yes, Your Honor.
COURT:
So, what should you do is to refer him to his judicial affidavit and then
ask him his open court testimony. That can be done by reading into
the records the specific portion of the Stenographic Notes.
APP CUÑADA:
Yes, Your Honor.
COURT:
And then ask him which is which.
APP CUÑADA:
Thank you, Your Honor.
COURT:
You know, you have to refer to the transcript, you know why? You
might be misleading the witness.
ATTY. ALERTA:
Yes, Your Honor.
APP CUÑADA:
Yes, Your Honor.
COURT:
Atty. Alerta?
ATTY. ALERTA:
We will not object, Your Honor.
MRS. AMOSIN: (Court Interpreter III)

On March 22, Your Honor.
COURT:
Okay. Secure the transcript.
MRS. AMOSIN:
Page 8 of 8 pages
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The transcripts are already transcribed, Your Honor, for two (2)
proceedings.
COURT:
ORDER
By mutual agreement between the prosecution and the defense,

continuation of the cross-examination by the prosecution of defense
hanging witness Adrian Solejon is set on 22 March 2023 at eight-
thirty o’clock in the morning.
The witness is ordered to come back on the date and at the time
aforesaid for him to continue with and finish his testimony.
Public prosecutor Associate Provincial Prosecutor JP Anthony D.

Cuñada, defense counsel Atty. Jommel Jann Kris A. Alerta, accused
Mamerto Arellano y Baisa, Jr., defense hanging witness Adrian
Solejon, and private offended parties Marcelino and Victor S. Pampag
are all notified of this Order in open court.
SO ORDERED.
CERTIFICATE
I hereby certify that this is the true and correct copy of my stenographic
notes to the best of my knowledge, ability, hearing and belief.
JENNIE ROSE S. SOLOCASA

Court Stenographer III

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Republic of the Philippines

REGIONAL TRIAL COURT

PEOPLE OF THE PHILIPPINES,

TRANSCRIPT OF STENOGRAPHIC NOTES

taken down by the undersigned Stenographer during

JENNIE ROSE S. SOLOCASA

ATTY. MENELEO A. AGUIRRE

MRS. ROIDA MAY B. AMOSIN

APP JP ANTHONY D. CUÑADA

ATTY. JOMMEL JANN KRIS A. ALERTA

Partial Cross-Examination Testimony

People of the Philippines versus Mamerto Arellano y Baisa, Jr.

Accused is present. Appearances?

APP JP ANTHONY D. CUÑADA:

ATTY. JOMMEL JANN KRIS A. ALERTA:

MRS. AMOSIN: (COURT INTERPRETER III)

Q : Good morning, Mr. Witness. You stated in your judicial affidavit in

Q : And the contents were true, correct?

Q : That is the reason why you signed it, correct?

Q : During your direct-examination, you testified that you are driving a

Q : But in your judicial affidavit, you stated in your answer to question

MRS. AMOSIN: (Court Interpreter III)

By mutual agreement between the prosecution and the defense,

Public prosecutor Associate Provincial Prosecutor JP Anthony D.

JENNIE ROSE S. SOLOCASA

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