DIRECT EXAMINATION OF DIANNE ROSALES

ATTY CAIMOL May we call on the witness stand, our first witness Dianne
Rosales.

CLERK OF COURT On the witness stand

INTERPRETER (Swear in the witness) Raise your right hand. Do you swear
to tell the truth the whole truth and nothing but the truth?

WITNESS Yes, maam.

INTERPRETER Please state your name, age and other personal

circumstances.

WITNESS I am Dianne Rosales, 30 years old, married and a resident of

Brgy Casoy, Catarman Northern Samar.

INTERPRETER Your witness, Atty Caimol

ATTY CAIMOL The testimony of the witness your honor, is offered to refute
the allegations against her and prove the justifying
circumstances of battered woman syndrome under RA 9262,
otherwise known as the Anti Violence Against Women and
their Children.

COURT You may proceed.

ATTY CAIMOL Madam witness, what is your legal status right now?

WITNESS Widow maam.

ATTY CAIMOL Are you married before?

WITNESS Yes, maam.

ATTY CAIMOL With whom?

WITNESS To Melvic Chy maam.

ATTY CAIMOL Where is he now?

WITNESS He is dead maam.

ATTY CAIMOL Do you know that the killing of your husband has been
charged against you?

WITNESS Yes maam.

ATTY CAIMOL How do you describe your marriage with Melvic Chy?
WITNNESS In the first year, I lived with him happily but in the
subsequent year he became abusive, cruel and a
habitual drinker.
ATTY CAIMOL You said that in the subsequent year of your marriage,
your husband was abusive to you and cruel. In what
way was this abusive and cruelty manifested to you?
WITNESS He always provoke me, sometimes slap me and there was
a time that he pinned me down on the bed and beat me.
ATTYY CAIMOL How many times did this happen?
WITNESS Several times.
ATTY CAIMOL What is your usual act when these things happen?
WITNESS I went to my parents to be away from him for the
meantime.
ATTY CAIMOL What did your husband do when you left home?
WITNESS He went after me, and ask for forgiveness.
ATTY CAIMOL What did he say to convince you to come back home?
WITNESS He asked for forgiveness and promise to change.
Believing his lies, we went home.
ATTY CAIMOL During those times that you were the recipient of such
cruelty and abusive behavior by your husband, were you
able to see a doctor?
WITNES Yes, maam.
ATTY CAIMOL Who is this doctor?
WITNESS Dr Igmedio Alcera
COURT How frequent was the alleged cruelty that you said?
WITNESS Everytime he got drunk.
COURT No, what I mean is how frequent is the occurrence from
the time of your marriage?
WTNESS Everytime he got drunk.
COURT Is it daily, weekly, monthly or how many times in a
month or in a week?
WITNESS Three times a week.
COURT Do you mean three times a week he would beat you?
WITNESS Not necessarily that he would beat me, sometimes he
would utter verbally abusive words.

COURT Proceed Atty Caimol

ATTY CAIMOL Thank you, your honor.

Please tell this Honorable Court, the incident on
NOvember 15, 2015.
WITNESS I was in the office the whole day. When I went home, I
immediately asked my son, where was his father, then
he responded that he was not home yet. I was worried
because that was payday, and I fear that probably he was
gambling and drinking again. So while waiting for him,
I prepared for our dinner
ATTY CAIMOL What time did Melvic arrive?
WITNESS I wasnt there when he arrived, I was in Brgy Molave with
cousin, Lourdes looking for him.
ATTY CAIMOL What time were you able to come back home?
WITNESS I went back at around 8:00 oclock in the evening.
ATTY AIMOL What happened when you arrived home?
WITNESS When I arrived home with my cousin Lourdes whom I
requested to sleep with me that night because I had fears
 that he would come home drunk and beat me again, my
husband was angry.
ATTY CAIMOL Why was he angry?
WITNESS Melvic was angry because when he arrived home I was
not there and he found out that I was looking for him.
He doesnt like it when I try to know his whereabouts,
worse If I follow him.
ATTY CAIMOL And who was this cousin of yours whom you requested
to sleep with?
WITNESS Lourdes Espera, maam.
ATTY CAIMOL Did Lourdes sleep with you that night?
WITNESS No, because she was afraid. At that time Melvic was
furious, she didnt want to get caught in our fight.
ATTY CAIMOL Will you tell this Court what was melvics disposition that
night?
WITNESS He was drunk, he was yelling in his usual unruly
behavior.
ATTY CAIMOL What was he yelling all about?
WITNESS He was yelling at me for following him and he dared me
me to start a fight. He was angry at me because I was
looking for him. I was just worried he might be overly
drunk and he would beat me again.
ATTY CAIMOL What else, did he do to you if any?
WITNESS I ignored him because I want to avoid trouble for fear that
he would beat me again. Perhaps he was disappointed
because I did not fight back.
ATTY CAIMOL What happened next after that?
WITNESS Melvic was so angry , so he went to the kitchen and took
a bolo
ATTY CAIMOL What did he do with the bolo?
WITNESS He cut the antenna wire of the T.V.
ATTY CAIMOL What else happened after he cut the wire?
WITNESS He switched off the light and my child was shouting
because he was scared.
ATTY CAIMOL Can you please describe the bolo?
WITNESS 1 1/2 feet.
ATTY CAIMOL What else happened as Melvic was carrying that bolo?
WITNESS He raised the bolo and he was about to attack me so I
run to the room.
ATTY CAIMOL What did you do when he was about to attack you?
WITNESS I attempted to run but he held my hands and pushed me
and I fell to the bedside.
ATTY CAIMOL So when he pushed you, what happened to you?
WITNESS I screamed for help and then he left.
ATTY CAIMOL You said earlier that he pushed you and you fell on the
bedside?
ATTY AYALA Objection your honor, the question has already been answered
COURT Sustained!
ATTY CAIMOL Do you know where he was going?
WITNESS I dont know.
ATTY CAIMOL When he left what did you do?
WITNESS I packed all his clothes.
ATTY CAIMOL What was your reason in packing his clothes?
WITNESS I wanted him to leave us.
ATTY CAIMOL Then what happened next?
WITNESS After a couple of hours, he went back home. He yelled at me
when he saw that his clothes were packed, then he dragged me
to the bedroom holding my neck.
ATTY CAIMOL You said that when Melvic came back to your house, he dragged
you? How did he drag you?
(The witness demonstrated to the Court by using her right hand
flexed forcibly in her front neck)
WITNESS Outside the bedroom and he wanted to get something and then
he kept on shouting at me that you might as well be killed so
there will be nobody to nag me.
ATTY CAIMOL Where did he bring you
WITNESS Near the drawer.
ATTY CAIMOL Why did he drag you near the drawer?
WITNESS Because there was a gun there.
(At this juncture the witness started crying).
ATTY CAIMOL What happened when you were brought to that drawer?
WITNESS He dragged me towards the drawer and tried to open the drawer
but he could not open it because he did not have the key then
he pulled his wallet which contained a blade about 3 inches
long and I was aware that he was going to kill me and I smashed
his arm and then the wallet and the blade fell. When he was
about to pick-up the wallet and the blade, I smashed him then
I ran to the other room. I felt so hopeless.
(The witness at this juncture is crying intensely).
ATTY CAIMOL Is the drawer outside your room?
WITNESS yes Outside.
ATTY CAIMOL In what part of the house?
WITNESS In the dining area.
ATTY CAIMOL You said that he dropped the blade, for the record will you
please describe the blade.
WITNESS Three (3) inches long and 1/2 inch wide.
ATTY CAIMOL Will you please examine this blade and tell this Honorable Court
if you recognize it.
WITNESS (Examines the blade) Yes Your Honor. This is the same blade
that he used when he tried to cut my throat before.
ATTY CAIMOL May we pray your honor that this object evidence be marked as
Exhibit 1, as previously marked during the preliminary
conference. We are adopting the same marking your honor.
COURT Mark it.
ATTY CAIMOL Then what did you do?
WITNESS I beg him not to kill me. I said Im sorry and Im not gonna do
anything that would make him angry again. I repeatedly
begged. I was crying, I told him to think of our child. How would
our child grow up without a mother. Im pregnant that time,
when I mentioned the baby thats when he came back to his
senses.
ATTY CAIMOL Then what did he do?
WITNESS He let go of me, but he threatened me that he would kill me and
our children if I would do something that would make him
angry.
ATTY CAIMOL What did you feel after he said that?
WITNESS I was so afraid not only for myself, but for my child, especially
for my unborn child. This could surely happen again and he
might he really kill us.
ATTY CAIMOL What did your husband do after that?
WITNESS He fell asleep.
ATTY CAIMOL Then what did you do?
WITNESS I was not able to sleep. I was very afraid that hed wake up and
kill us. I was very afraid for my children. I dont know what to
do. I had no one to talk to. I was not in my proper senses, I saw
the metal pipe in the kitchen then started mauling him until he
was not breathing. (sobbing)
ATTY CAIMOL Why did you do that?
WITNESS Because if I did not kill him, he might kill me. Its the only way
to protect myself and my children.
ATTY CAIMOL No further questions your honor.