Republic of the Philippines

REGIONAL TRIAL COURT

10th Judicial Region
Branch 23
Cagayan de Oro City

PEOPLE OF THE PHILIPPINES, Criminal Case No. R-CDO-002-003 &

R-CDO-002-004
plaintiff
For: Paricide

- versus -

MARIO ROSETE y MOTOOMULL,

accused.
x - - - - - - - - - - - - - - - - - - - - - - - - - //

TRANSCRIPT OF STENOGRAPHIC NOTES

IN THE ABOVE ENTITLED CASE HEARING
HELD ON OCTOBER 12, 2017
AT 8:30 a.m.

PRESENT:
HON. EILEEN MAGDAYAO,
Presiding Judge;
JUDITH NAVARRO,
Court Interpreter;
IAN SABADO,
Stenographer;

APPEARANCES:
PROS. RAISA CENON,
For the Solicitor General;
ATTY. PAOLINA PELAEZ,
For the Accused.
 RECORD OF THE PROCEEDINGS

PROS. CENON:
For the prosecution.

ATTY. PELAEZ:
For the accused.

COURT/JUDGE:
Proceed to your 3rd witness.

PROS. CENON:
May I please the Honorable Court.

COURT:
Proceed.

PROS. CENON:
May I now call my third and last witness your Honor, in the name of
Mara Juarez, a neighbor, the one who witnessed the incident.

COURT:
Proceed.

INTERPRETER:
(calling the name of the witness mentioned)

INTERPRETER:
Please raise your right hand.
Do you swear to tell the truth, and nothing but the whole truth in
today’s proceedings?

WITNESS:
I do.

INTERPRETER:
 Please state your name, age, civil status, occupation, residence, highest
educational attainment.

WITNESS:
I am Mara Juarez, 30 years old, married, residing in Brgy. Macasandig,
Cagayan de Oro City, a graduate of Business Administration.

INTERPRETER:
For the record your Honor, we have this witness Mara Juarez, 30 years
old, married, residing in Brgy. Macasandig, Cagayan de Oro City, a
graduate of Business Administration.

INTERPRETER TO PROSECUTOR:
Your witness ma’am .

PROSECUTOR:
May I proceed your Honor?

COURT:
Proceed.

PROSECUTOR :
The testimony of this witness your Honor is offered to show and to prove
the following:
1. She was the neighbor of the accused and the victim.
2. She was the witness to the incident.
3. She will identify documents and objects.
4. And other things relevant to this case.

COURT:
Proceed.

DIRECT EXAMINATION
PROSECUTOR:
There is on record an affidavit executed by one Mara Juarez, do you
know whose affidavit is this?
(witness scanning the document)

INTERPRETER:
For the record, the witness is examining the document.
(say this while the witness is confronted & scanning the document)

WITNESS:
Mine ma’am .

PROSECUTOR:
There is a signature above the typewritten name of Mara Juarez.
Whose signature is this?

WITNESS:
Mine, ma’am.

PROSECUTOR:
For the record your Honor, we would like to have this affidavit of the
witness be marked as Exhibit “N”; the signature above the name of
Mara Juarez as Exhibit “N-1”.

COURT/JUDGE:
Mark it.

PROSECUTOR:
Do you know the victims in this case, Mr. and Mrs. Rosete?

WITNESS:
Yes, ma’am.

PROSECUTOR:
 How are you related to them?

WITNESS:
They are my neighbors, ma’am.

PROSECUTOR:
How long have you been neighbors?

WITNESS:
Almost 20 years, ma’am.

PROSECUTOR:
How about the accused? Do you know him?

WITNESS:
Yes, ma’am.

PROSECUTOR:
How are you related to him?

WITNESS:
He is the son of my neighbors, ma’am.

PROSECUTOR:
Mrs. Juarez, where were you in June 12, 2017 at 1:00 in the afternoon?

WITNESS:
I was attending my sari-sari store, ma’am.

PROSECUTOR:
Who were you with in your sari-sari store?

WITNESS:
I was alone, ma’am.

PROSECUTOR:
 How far is your sari-sari store from the victims’ house?

WITNESS:
About 10 meters, ma’am.

PROSECUTOR:
In your affidavit you said you heard something on June 12, 2017 at 1:00
in the afternoon, what was it?

WITNESS:
There was a commotion near the house of Mr. and Mrs. Rosete, ma’am.

PROSECUTOR:
When you heard the commotion, what did you do?

WITNESS:
I went to their house to see what was happening.

PROSECUTOR:
What did you see when you went there?

WITNESS:
I saw Mario Rosete outside his house with a blooded knife.

PROSECUTOR:
Please examine this knife, how is this related to the one you mentioned?

WITNESS:
This is the same knife sir.

PROSECUTOR:
Your Honor, may I request that the knife identified by the witness as
the knife carried by the accused be marked as Exhibit “O” for the
prosecution.

COURT:
 Mark it.

PROSECUTOR:
When you saw the accused carrying the blooded knife, what did you
do?

WITNESS:
I asked my neighbor Robert Rosete, the son of Mr. and Mrs. Rosete,
what happened inside their house.

PROSECUTOR:
What did he tell you?

WITNESS:
He said that Mr. and Mrs. Rosete were lying lifeless on the floor.

PROSECUTOR:
Were you able to see the bodies?

WITNESS:
Yes, ma’am.

PROSECUTOR:
How and when did you see them?

WITNESS:
I went inside the house with Robert Rosete after the police arrested
Mario Rosete.

PROSECUTOR:
What as the situation of the victims when you went inside?

WITNESS:
They were lying lifeless on the floor bathed with their own blood.

PROSECUTOR:
 If pictures of the bodies will be shown to you, would you be able to
identify them?

WITNESS:
Yes, I can.

PROSECUTOR:
Please examine these pictures. Is this one of the bodies you saw inside
the house?

WITNESS:
Yes, ma’am.

PROSECUTOR:
What is being depicted in the picture?

WITNESS:
The dead body of Mr. Bodi Rosete.

PROSECUTOR:
How about the second picture? Is it also one of the bodies you saw
inside the house?

WITNESS:
Yes, ma’am.

PROSECUTOR:
What is depicted in the picture?

WITNESS:
The dead body of Mrs. Cristelle Rosete.

PROSECUTOR:
Your Honor, may I request that the 1st picture identified by the witness
as the dead body of Mr. Bodi Rosete be marked as Exhibit “P”; the 2nd
 picture identified by the witness as the dead body of Mrs. Cristelle
Rosete be marked as Exhibit “Q”for the prosecution.

COURT:
Mark them.

PROSECUTOR:
If the person whom you said you saw carrying the blooded knife is in
court, will you be able to identify him?

WITNESS:
Yes sir.

PROSECUTOR:
Please point to that person whom you said you saw.

INTERPRETER:
The one pointed at, please stand. What is your name?

ACCUSED:
Mario Rosete.

INTERPRETER:
For the record, witness is pointing to a person inside the courtroom,
who, when asked identified himself as Mario Rosete.

PROSECUTOR:
That is all for the direct examination your Honor. Witness is now ready
for the cross examination.

COURT/JUDGE:
Cross.

CROSS EXAMINATION

DEFENSE:
 With the kind indulgence of the honorable court, may I proceed your
Honor?

COURT:
Proceed.

DEFENSE:
Mrs. Juarez, you stated that you were in your sari-sari store at the time
incident happened, am I correct?

WITNESS:
Yes, ma’am.

DEFENSE:
And that when you arrived at the house of the victims, Mr. Rosete was
already outside?

WITNESS:
Yes, ma’am.

DEFENSE:
So by the time you arrived, the stabbing incident was already through?

WITNESS:
Yes, ma’am.

DEFENSE:
So is it possible that Mario Rosete was not the one who stabbed the
victims?

WITNESS:
Maybe, ma’am.

DEFENSE:
That is all for the cross your Honor.
COURT:
Any re-direct?

PROSECUTION:
No re-direct your Honor.
Your Honor please, we have no more witnesses to present and no more
exhibits to be marked, may we be given fifteen days to formally offer
our exhibits in writing.

COURT/JUDGE:
ORDER
When this case was called this morning, prosecution completed the testimony
of its thirds witnesses, Mrs. Mara Juarez. Exhibits were marked for the prosecution.
As prayed, the prosecution is given fifteen (15) days from today to file formal
offer of exhibits in writing, furnishing copy to the defense, who is likewise given
the same number of days to file comment, if any.
Case to be called again on _______, 2019, at 8:30 in the morning for the
presentation of defense evidence.
SO ORDERED.

(SGD) JUDGE