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Homicide Script

1) The trial involves Criminal Case No. 819-19, People of the Philippines vs. Awan K. Kurangna for the crime of homicide. 2) During the arraignment, the accused Awan K. Kurangna pleaded not guilty to the charge of homicide. 3) In the trial proper, the prosecution's first witness, Macky Y. Anges, was called to testify and identified his joint affidavit which detailed the events of September 14, 2021 relating to the case.

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0% found this document useful (0 votes)
176 views99 pages

Homicide Script

1) The trial involves Criminal Case No. 819-19, People of the Philippines vs. Awan K. Kurangna for the crime of homicide. 2) During the arraignment, the accused Awan K. Kurangna pleaded not guilty to the charge of homicide. 3) In the trial proper, the prosecution's first witness, Macky Y. Anges, was called to testify and identified his joint affidavit which detailed the events of September 14, 2021 relating to the case.

Uploaded by

Cza Peña
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 99

CRIMINAL CASE NO.

819-19

FOR THE CASE OF HOMICIDE

Clerk of Court Arizelle Bagangan

PROSECUTION

Juana Anges Mary Langpawan

Prosecutor Czarina Joy Pena

Patrolman Paul Witness Mary Langpawan


Lislis

Medico Legal Officer Witness Mark Sayud

Kadwa T. Alon Witness None

Macky Y. Anges Son of Pugsat Anges – Witness Dante Miguel

Bagim Y. Anges Son of Pugsat Anges – Witness none

DEFENSE

Counsel for the Abegail Armas


Accused

1
Awan K. Kurangna Accused Jm Aquino

Gabriella Kurangna Mother of the Accused- witness Auby Paneda

Narra Chu Doctor/ Psychiatrist- Witness Auby Paneda

Kaphie Tan Brgy. Captain of Betag Dante

Exhibits Documents

A Salaysay ng reklamo of Juana Y.


Anges

B Certificate of Death of Pugsat


Anges (victim)

C Photo of the knife used

D Photo of the Crime Scene

E Pinagsamang salaysay at reklamo


of the Three (3) witnesses:

2
Kadwa T. Alon, Macky Y. Anges,
and Bagim Y. Anges

F Police Report

G Autopsy Report by PLTCOL. Hero


J. Co.

H Burial and Funeral receipts

I Affidavit of Patroman Paul Lislis

For the Accused:

Exhibits Documents

1 Sworn Statement of Awan


Kurangna (accused)

2 Medical Certificate

3
3 Medical Prescription

4 Sworn Statement of Kaphie Tan

5 Barangay Blotter Report from


Brgy. Betag, La Trinidad

6 Sworn Statement of Dra. Narra


Chu (Psychiatrist)

7 Sworn Statement of Gabriela


Kurangna (mother of the accused)

ARRAIGNMENT

ARIZELLE All rise. The Court is now in session. Witness the


Honorable Judge Benedict Pataras presiding. Silence is
enjoined.

Judge Call the case

ARIZELLE For arraignment, Criminal Case No. 819-19 People of


the Philippines vs. Awan K. Kurangna for the crime of
Homicide.

Judge Appearances.

4
CZARINA Prosecutor Czarina Joy Pena appearing for the state,
your honor.

ABEGAIL Atty. Abegail Armas, appearing for the defendant, your


honor.

Judge Is the accused around?

ARIZELLE Yes your Honor.

Judge Arraign the accused.

ARIZELLE Criminal Case No. 819-19 People of the Philippines vs.


Awan K.Kurangna

The undersigned Provincial Prosecutor Czarina Joy


Pena, accuses Awan K. Kurangna for the crime of
HOMICIDE defined and penalized under Article 249 of
the Revised Penal Code.

That on or about 2:00 pm of September 14, 2021, in


Barangay Betag, La Trinidad, Benguet, Philippines and
within the jurisdiction of this Honorable Court, the
above named accused, with intent to kill and without
justifiable cause, did and there willfully, unlawfully and
feloniously attack, assault and stab Mr. Pugsat Y. Anges
with the use of bladed weapon, hitting and injuring the
body of the latter, inflicting a mortal stab wound
thereon, which caused the immediate death of Mr.
Pugsat Y. Anges which are contrary to law.

Do you understand the crime charge against you?

5
Judge Do you understand the crime charged against you?

JM Yes Your Honor / Ma'am.

Judge? What is your plea?

JM Not guilty.

ARIZELLE The accused pleaded not guilty, your honor.

Judge In today’s trial, the arraignment of Awan K. Kurangna


in Criminal case No. 819-19 is conducted. The
information is read to him in English, a language known
and understood by him. The Defense Counsel Atty.
Abegail Armas assisted the accused. The accused
pleaded not guilty for the crime charged against him. So
Ordered.

6
TRIAL PROPER

ARIZELLE All rise. The Court is now in session. Witness the


Honorable Judge Benedict Pataras, presiding judge of
this court. Silence is enjoined.

Judge Call the calendar.

ARIZELLE For initial reception of evidence, Criminal Case No.


819-19, entitled, People of the Philippines versus Awan
K. Kurangna for HOMICIDE.

Judge Appearances

CZARINA Atty. Czarina Pena, for the Republic of the Philippines


your honor.

ABEGAIL Atty. Abegail Armas for the accused, Your Honor

7
Judge Ready?

ABEGAIL and czarina Yes, your honor.

Judge Call the witness(Pag sinabi ito, proceed na to present the


witness MACKY ANGES)

1st PROSECUTION WITNESS

CZARINA Yes, Your Honor. We would like to call to the witness stand our first
witness Mr. Macky Anges.

Judge Swear the witness

ARIZELLE Please raise your right hand. Do you swear to tell the truth, the whole
truth and nothing but the truth in today's proceeding, so help you God?

DANTE I do.

ARIZELLE Please state your name and other personal circumstances.

DANTE I am Macky Y. Anges, of legal age, single and a resident of IC 100,


Brgy. Betag, La Trinidad, Benguet.

8
ARIZELLE Your honor, the witness is Macky Y. Anges, of legal age, single and a
resident of IC 100, Brgy. Betag, La Trinidad, Benguet.

Judge Offer

CZARINA Your Honor, the testimony of this witness is being offered to prove the
material allegations in the information, he will identify the accused, he
will testify as to the circumstances that transpired on September 14,
2021, and other matters relevant to the case, Your Honor.

Judge Any comment defense counsel?

ABEGAIL Subject to cross-examination, Your Honor.

CZARINA Mr. witness, in relation to this case, do you remember executing a


Pinagsamang Salaysay ng Pagkasaksi at Pag-Aresto?

DANTE Yes Ma'am.

CZARINA If that document is shown to you, will you be able to identify the same?

DANTE Yes Ma'am.

CZARINA What will aid you in identifying the document?

DANTE I signed the document Maam.

9
CZARINA Mr. Witness, I am showing you this document marked as Exhibit E
entitled Pinagsamang Salaysay ng Pagkakasaksi at Pag-aresto which
consists of two pages. Please look at this and tell me if this is the
document you executed.

DANTE The document that you shown is the Pinagsamang Salaysay ng


Pagkasaksi at Pag-aresto that we executed.

CZARINA On the 1st page of this Pinagsamang Salaysay ng Pagkasaksi at Pag-


Aresto, there are signatures on the left margin. Please look at them, Mr.
Witness and tell me whose signatures are those.

DANTE The signature on the bottom is my signature. On the right of my


signature is the signature of Bagim Y. Anges and next to it is the
signature of Kadwa T. Alon

CZARINA How about on the 2nd page, there are signatures above the printed
names, Kadwa T. Alon, Macky Y. Anges and Bagim Y. Anges. Whose
signatures are those?

DANTE One of them is my signature, the other two signatures that appear in
the document are the signatures of Bagim and Kadwa.

CZARINA And how do you know that those are their signatures?

DANTE Because we personally signed the documents.

10
CZARINA Did you read the contents of this Pinagsamang Salaysay ng Pagkasaksi
at Pag-Aresto before you signed it?

DANTE Yes, ma’am.

CZARINA Did you read and understand the contents of your Pinagsamang
Salaysay ng Pagkasaksi at Pag-Aresto before you signed it?

DANTE Yes, ma’am.

CZARINA Under your present oath, do you affirm and confirm the truthfulness
and veracity of everything that is contained in your Pinagsamang
Salaysay ng Pagkasaksi at Pag-Aresto?

DANTE Yes, ma’am.

CZARINA Your Honor, the witness has identified Exhibit E appearing on page 15.

JUDGE Noted.

CZARINA Mr. Witness, you said in your Pinagsamang Salaysay ng Pagkasaksi at


Pag-Aresto, you saw the man who stabbed your father. Do you confirm
that?

DANTE Yes, ma’am.

CZARINA If you see that person who stabbed your father, will you recognize him?

11
DANTE Yes, ma’am.

CZARINA Can you look around this video conference hearing and tell me if you
see that person who stabbed your father?

DANTE Yes, Maam. That person is here.

CZARINA Can you describe that person?

DANTE Yes your honor, he is wearing a yellow shirt.

CZARINA? Your honor, the witness identified the accused wearing a yellow shirt,
he is Mr. Awan K. Kurangna, (the accused in this case.)

CZARINA I have no more questions, Your Honor. The witness is ready for cross-
examination.

Judge Any cross?

ABEGAIL Yes, Your Honor. May I proceed?

Judge You may proceed.

CROSS EXAMINATION

ABEGAIL Mr. Witness, do you remember where you were on September 14,

12
2021?

DANTE I was at the farm.

ABEGAIL Who are you with?

DANTE I'm with my father, Pugsat Anges, my brothers Bagim Anges and
Kadwa Alon.

ABEGAIL What were you doing there?

DANTE We were harvesting during that time.

ABEGAIL Were you able to witness the incident that happened during that time?

DANTE Yes Ma’am.

ABEGAIL In your Salaysay, you stated that the accused is your uncle. Is that
true?

DANTE Yes Ma’am.

ABEGAIL Can you please, somehow describe in this court what kind of uncle he
was?

DANTE He was kind and a very jolly person. He would always smile whenever

13
we meet him.

ABEGAIL Thank you. Mr. Witness, you said in your pinagsamang Salaysay ng
Pagkakasaksi at Pag-Aresto that you, Mr. Bagim and Mr. Kadwa seize
the accused, is that true?

DANTE Yes Ma’am.

ABEGAIL What was the reaction of the accused when you seized him?

DANTE Maam, the accused did not resist nor respond.

ABEGAIL Did you notice something different from the actions of the accused?

DANTE No, Maam. But he was quiet and staring blankly (wool-gathering) at
my father’s dead body.

ABEGAIL Thank you Mr. Witness. That would be all Your Honor.

JUDGE Any redirect prosecutor?

CZARINA None Your Honor.

2nd PROSECUTION WITNESS

14
PINAGSAMANG SALAYSAY NG PAGKA ARESTO

EXHIBIT D

Judge Are there any other witnesses?

CZARINA Yes, Your Honor.

Judge Call your witness.

CZARINA Your Honor, our next witness is Patrolman Paul C. Lislis.

Judge Swear the witness

Arizelle Please raise your right hand. Do you swear to tell the truth, the whole
truth and nothing but the truth, in this proceeding?

Mary I do.

ARIZELLE Please state your name and your personal circumstances.

MARY I am Patrolman Paul C. Lislis, of legal age and a member of the


Philippine National Police assigned at the KM 5 La Trinidad, Police
Station.

ARIZELLE Your Honor, the witness is Patrolman Paul C. Lislis, of legal age and a
member of the Philippine National Police assigned at KM 5 La
Trinidad, Police Station.

15
Judge Offer.

CZARINA Your Honor, the testimony of this witness is being offered to prove
that:

1. He is the person who responded to the crime scene;

2. He will be identifying the weapon used for the stabbing


incident

3. He is the person who arrested and brought the accused, Mr.


Awan K. Kurangna, to the Police Station.

Judge Any comment, defense?

ABEGAIL Subject to cross, your Honor.

judge Proceed.

CZARINA Mr. Witness, do you remember executing an Affidavit of Arrest, in


relation to this case?

MARY Yes Ma’am.

CZARINA I am holding here a document entitled Affidavit of Arrest, please check


and see if this is the document you were referring to.

MARY Yes Ma’am this is the affidavit that I am referring to.

16
CZARINA On the lower part of this one page document, appears a name and
signature, whose name and signature are these?.

MARY Those are mine Ma’am.

CZARINA Your Honor, the witness has identified Exhibit I appearing on page 22.

Judge Noted. You may proceed.

CZARINA Thank you, Your Honor. In your affidavit you stated that you
responded to the place of the incident, is that correct?

MARY Yes Ma’am.

CZARINA I am holding here a photograph of the place where the incident


happened, is this the place where you responded?

MARY Yes Ma’am.

CZARINA Can you narrate to us what you saw when you arrived at the crime
scene?

MARY Yes Ma’am. I saw a man sitting on the ground being held by two other
men beside them, is a lying body.

CZARINA What happened next?

17
MARY When I approached them, I saw a bloody knife beside the lying body. I
asked what happened and they kept on saying that the man stabbed
their father.

CZARINA I have here a photograph of a knife, is this the knife you were referring
to?

MARY Yes Ma’am.

CZARINA Your Honor, the witness has identified Exhibit C appearing on page 14.

Judge Noted. Proceed.

CZARINA What happened next?

MARY I arrested the accused Awan Kurangna and brought him to the police
station. Where I prepared my police report.

CZARINA I have here a copy of a police report, is this the police report you are
referring to?

MARY Yes Ma’am

CZARINA There is a name and signature below the police report, can you tell me
whose name and signature are this?

MARY Those are mine.

18
CZARINA Your honor, the witness has identified Exhibit F appearing on page 17.

Judge Noted.

CZARINA I have no more questions, Your Honor.

JUDGE Any cross?

ABEGAIL None, Your Honor.

FOR MAY 13, 2022

ARIZELLE All rise. The Court is now in session. Witness the Honorable Judge
Benedict Pataras, presiding judge of this court. Silence is enjoined.

Judge Call the calendar.

ARIZELLE For initial reception of evidence for the prosecution/ Criminal Case
No. 819-19, entitled, People of the Philippines versus Awan K.
Kurangna for HOMICIDE.

Judge Appearances

CZARINA Atty. Czarina Pena, for the Republic of the Philippines your honor.

JM Atty. John Michael M. Aquino for the accused, Your Honor

19
Judge Ready?

JM and czarina Yes, your honor.

Judge Call the witness(Pag sinabi ito, proceed na to present the witness
KADWA T. ALON)

3rd Witness

Kadwa T. Alon

CZARINA Yes, Your Honor. We would like to call to the witness stand our first
witness Mr. Kadwa T. Alon

Judge Swear the witness

ARIZELLE Please raise your right hand. Do you swear to tell the truth, the whole
truth and nothing but the truth in today's proceeding, so help you God?

DANTE I do.

ARIZELLE Please state your name and other personal circumstances.

DANTE I am Kadwa T. Alon, 42 years old , married and a resident of IC 100,


Brgy. Betag, La Trinidad, Benguet.

20
ARIZELLE Your honor, the witness is Kadwa T. Alon, of legal age, married and a
resident of IC 100, Brgy. Betag, La Trinidad, Benguet.

Judge Offer

CZARINA Your Honor, the testimony of this witness is being offered to prove the
material allegations in the information, he will identify the accused, he
will testify as to the circumstances that transpired on September 14,
2021, he will identify a document and other matters relevant to the
case, Your Honor.

Judge Any comment defense counsel?

JM Subject to cross-examination, Your Honor.

CZARINA Mr. witness, do you remember executing a Pinagsamang Salaysay ng


Pagkasaksi at Pag-Aresto in relation to this case?

DANTE Yes Ma'am.

CZARINA If that document is shown to you, will you be able to identify the same?

DANTE Yes Ma'am.

CZARINA What will aid you in identifying the document?

DANTE I signed the document Maam.

21
CZARINA Mr. Witness, I am showing you this document marked as Exhibit E
entitled Pinagsamang Salaysay ng Pagkakasaksi at Pag-aresto which
consists of two pages. Please look at this and tell me if this is the
document you executed.

DANTE The document that you shown is the Pinagsamang Salaysay ng


Pagkasaksi at Pag-aresto that we executed.

CZARINA On the 1st page of this Pinagsamang Salaysay ng Pagkasaksi at Pag-


Aresto, there are signatures on the left margin. Please look at them and
tell me whose signatures are those.

DANTE The signature on the bottom is my signature. On the right of my


signature is the signature of Macky Y. Anges and next to it is the
signature of Bagim Y. Anges

CZARINA How about on the 2nd page, there are signatures above the printed
names, Kadwa T. Alon, Macky Y. Anges and Bagim Y. Anges. Whose
signatures are those?

DANTE One of them is my signature, the other two signatures that appear in
the document are the signatures of Maki and Kadwa.

DANTE Yes, ma’am.

CZARINA Your Honor, the witness has identified Exhibit E appearing on page 15.

JUDGE Noted.

CZARINA Where were you last September 14, 2021 around 2:00 in the afternoon?

22
DAnte I was at the farm at that time.

Czarina What are you doing there?

Dante We are harvesting strawberries.

Czarina You said we, so who are you with?

Dante I am with Pugsat T. Anges, Macky Y. Anges, and Bagim Y. ANges.

Czarina There are only three of you on the farm?

Dante No Ma’am, while we are harvesting strawberries, when Awan K.


Kurang suddenly appeared on the farm.

Czarina When he suddenly appeared, what did he do?

Dante He is angrily shouting at us.

Czarina What is he shouting?

Dante Ayan na ni Pugsat! ( which means “where is Pugsat?’’) Mano beses


nga singsingerek iti utang na nga Php20,000.00 ( “how many times I
had been asking his debt amounting to Php 20,000.) haan pulos
agbaybayad. Nauma ak iti promise na, lastog isuna. ( He does not pay,

23
i’m tired of his promises, He’s a liar.’’)

Czarina Who is he looking for?

Dante Pugsat

Czarina The victim in this case?

Dante Yes

Czarina Why is he looking for Pugsat?

Dante He is shouting about P20,000 he allegedly lent to Pugsat.

Czarina What happened next when you heard him shouting?

Dante We run as fast as we can so that we can avoid him.

Czarina What happened next?

Dante When we run, Awan chased us.

Czarina What happened next

Dante Pugsat tripped and Awan caught him.

24
Czarina What happened next?

Dante Pugsat got a rock and threw it to Awan.

Czarina What happened next?

Dante Awan avoided it and was able to stab Pugsat multiple times.

Czarina What happened next?

Dante I saw Macky grab a piece of wood,

Czarina What did macky do to the piece of wood?

Dante He went after his uncle and hit him in the back and that was the time
he released the knife.

Czarina What happened next?

Dante When Awan fell down, Macky and Bagim caught him.

Czarina What happened next

DAnte After he was caught by his nephews, he stared blankly at his brother-
in-law’s body.

25
Czarina What happened next

Dante I called our Kapitana for help.

Czarina What did the Kapitana do?

Dante She also called for help

Czarina What happened next

Dante Police mobile and ambulance arrived

Czarina What happened next?

Dante The police went to us and questioned us while the medical personnel in
the ambulance responded to Pugsat.

Czarina What happened next

Dante The police asked questions and we surrendered Awan to the police.

Czarina How about the medical personnel, what did they do?

Dante They gave first aid to Pugsat but after a few minutes, they pronounced
Pugsat dead.

26
Czarina You said that you surrendered Awan to the police, what happened next?

Dante I saw Macky and Bagim surrender the knife used by Awan to stab
Pugsat.

cZARINA To whom did they surrender the knife?

Dante To the police officer that responded to the scene.

CZARINA Can you look around this video conference hearing and tell me if you
see that person who stabbed Pugsat?

Dante Yes, Maam. That person is here.

CZARINA Can you describe that person?

DANTE Yes Ma’am, he is wearing a yellow shirt.

Czarina Madam Clerk of Court. Can you ask the name of the person who is
wearing a yellow shirt?

Clerk of Court Mr. the one wearing yellow in this video conference hearing, may I
know your name?

Mark I am Awan K. Kurangna.

Clerk of Court Your honor, the witness identified the accused wearing a ____ shirt, he

27
is Mr. Awan K. Kurangna, (the accused in this case.)

Judge Noted.

CZARINA I have no more questions, Your Honor. The witness is ready for cross-
examination.

Judge Any cross?

JM Yes, Your Honor. May I proceed?

Judge You may proceed.

CROSS EXAMINATION

JM Mr. Witness, do you remember where you were on September 14,


2021?

Dante We are at the farm that day.

JM Who are you with?

Dante I’m with Pugsat, Bagim, and Macky.

JM What are you doing there?

28
DAnte We are harvesting strawberries.

JM Are you the only people there?

Dante Yes, but around 2:00, Awan suddenly appeared

JM Is Awa your companion harvesting strawberries?

Dante No

JM So why is he there?

DAnte I don’t know, but he is looking for Pugsat.

JM Do you know why he is looking for Pugsat?

Dante I don’t know but I heard Awan shouting looking for Pugsat for a
collection of Php20,000.

JM Do you remember what exactly Awan yelled?

DAnte Ayan na ni pugsat, Mano beses nga singsingerek ti utang nga P20,000.
Haan Pulos agbayad. Nauma ak iti promise na lastog isuna! (where is
Pugsaat? How many times I asked him to pay his debt amounting to
20,000.00 but he never paid me. I am tired of his promise to pay.)

29
JM What did you do when you heard and saw him coming?

DAnte We run as fast as we can.

JM Why did you run?

Dante We are afraid of him

JM Why are you afraid?

DAnte He is holding a knife

JM What if he is holding a knife?

Dante He might stab any of us that time

JM Why did you think that he might stab any of you?

Dante Because he is so angry approaching us.

30
JM CAn you describe what he looks like?

Dante He wears dirty clothes, holding a knife, and shouting angrily.

JM He was holding a knife?

Dante Yes

JM What hand is he holding the knife?

Dante In his left hand

JM How sure are you that his left hand is the one holding the knife?

Dante When he was approaching and I’m facing him, I picked strawberries
using my right hand. And I saw the knife on the same side I am holding
the strawberries I picked which means it is his left hand that holds the
knife.

JM And that is the reason why you are so afraid of him?

DAnte Not only that, but the time he saw us, he ran towards us and that is the
reason we scattered and ran for ourselves.

JM So you run, how about your other companions?

31
Dante Yes, they did also

JM Did you run in the same direction?

DAnte Yes, we ran in the same direction

JM So when you are running, is there someone in front of you?

DAnte None, I am the fastest runner! And all of them were behind me.

JM So you are not aware who was the person following you

Dante Yes

JM So Awan is chasing all of you?

Dante yes

JM What happened next?

DAnte When we were running, Pugsat tripped.

JM If they are behind you, how did you know that someone tripped?

32
Dante I heard a loud bang that seemed like something fell, I looked back and
saw Pugsat in the ground.

JM What happened next?

Dante When Pugsat was lying on the ground, he reached a stone and threw it to
Awan.

JM Did the stone hit Awan?

DAnte No

JM What happened next

DAnte He approached Pugsat and uttered, “MAtay ka laengenen, patayek sika!”


Awan punched him and he stabbed him multiple times. (I WILL KILL
YOUUU)

JM He punched him while he was holding a knife? Is that possible?

DAnte Yes

JM How is that possible?

DAnte He punches him with his right fist, and stabs him with his left hand
holding the knife.

33
JM What happened after he was punched?

DAnte He was knocked and fell again to the ground.

JM You said that Awan stabbed him multiple times?

DAnte Yes

JM How was it possible that he stabbed him multiple times but the medico
legal indicated only 1 stab wound in his chest?

DAnte Pugsat was trying to protect himself by shielding his body with his arms.

JM But still his one stab caused Pugsat’s death?

DAnte Maybe?

JM How?

Dante I saw his hand strongly trying to stab his chest until that one stab
successfully reached his chest .

JM What happened next?

DAnte After that one stab on his chest, MAcky suddenly hit Awan.

34
JM What happened next?

DAnte Awan fell on the ground and that was the time they suppressed him.

JM What happened next?

Dante They hold him.

JM What happened to Awan when they were holding him?

Dante He stares blankly at his brother in law’s body

JM What happened next

DAnte I called for help from our Kapitana.

JM What happened next?

DAnte Police and an ambulance arrived.

JM When the police arrived, how was Awan doing?

Dante Still staring blankly at Pugsat’s body.

35
JM That’s all your honor.

Judge Any redirect

Czarina Yes your honor

Redirect

Kadwa T. Alon

Czarina You said that Awan was shouting someone's name?

Kadwa Yes

Czarina Whose name was that?

Kadwa Pugsat

Czarina So he was looking for Pugsat?

KAdwa Yes.

Czarina Thank you. That’s all your honor

36
Judge Re-cross/

Abegail None Your Honor

Judge Any other witness?

Czarina Yes Your Honor.

Judge Call your witness.

Czarina Your Honor, our witness is Juana Anges, the complainant in this case
and the wife of the victim.

Judge Swear the witness.

ARIZELLE Please state your name and personal circumstances.

MARY I am Juana K. Anges, 47 years old, married, a resident of No. 100-


Betag, La Trinidad, Benguet, and the wife of the victim.

ARIZELLE The witness, Your Honor, is Mrs. Juana Anges, 47 years old, married
and a resident of Betag, La Trinidad who is also the wife of the victim
in this case.

Judge Offer?

CZARINA Your Honor, we are offering the testimony of our fourth witness, Mrs.

37
Juana K. Anges to prove that:

1. she is the private complainant in this case;

2. She executed a Salaysay ng Reklamo against the accused;

3. That she incurred expenses due to the incident that resulted


in the death of the victim;

4. She will be identifying some documents.

Judge Any comment, defense?

Jm Subject to cross, your Honor.

Judge Proceed

PROSECUTOR WILL START TO QUESTION 4th WITNESS JUANA K. ANGES

CZARINA Madam Witness, are you the same Juana K. Anges, who is in the
private complaint in this case?

MARY Yes Ma’am.

CZARINA Do you remember executing a Complaint Affidavit in relation to this


case?

MARY Yes Ma'am.

CZARINA If you see your Complaint Affidavit, will you be able to identify it?

38
MARY Yes Ma’am.

CZARINA I am holding here a Complaint Affidavit, is this the document you are
referring to?

MARY Yes Ma’am.

CZARINA Madam witness, in your complaint you have attached a Salaysay ng


Reklamo, marked as Annex A, is this your Salaysay ng Reklamo?

MARY Yes Ma’am.

CZARINA On the Salaysay ng Reklamo, there is a name Juana Y. Anges and a


signature above it. Whose name and signature is this?

MARY It's my name and signature.

CZARINA Your Honor, the witness has identified Exhibit A appearing on page 9.

Judge Noted.

CZARINA Madam witness, how are you related to the deceased Pugsat Y. Anges?

MARY He is my husband.

CZARINA Alright. How about the accused. How are you related to him?

39
MARY Yes Ma’am. He is my brother.

Czarina How are you related to the accused?

Mary He is my brother.

CZARINA How was the relationship of your husband with your brother?

MARY They were okay. My brother sometimes visits our house to eat some
lunch or merienda.

CZARINA Where were you when the incident happened?

MARY I was at home doing some household chores.

Czarina In your affidavit, you mentioned that Pugsat came to your house that
day?

Mary Yes.

CZARINA What happened when he came to your house?

MARY My brother was looking for my husband. Saying that he has a debt
amounting to Php 20,000.

CZARINA What was his reaction while he was looking for your husband?

40
MARY He was angry. He was shouting and was holding a knife.

Czarina You saw him holding a knife?

MAry Yes

Czarina Which hand holds the knife?

Mary His right hand holds the knife.

Czarina You said he was shouting, what was he shouting?

Mary Ayan na ni Pugsat! Mano beses ko nga singsingerek haan nga


agbaybayad iti utang na nga Php20,000.00.

CZARINA Who is he looking for?

Mary Pugsat, my husband.

Czarina Did you and your husband borrow P20,000 from Awan?

Mary No.

Czarina Did you know if your husband borrowed P20,000 pesos from your
brother?

41
MAry I don’t know.

Czarina So there is a possibility that your husband truly borrowed P20,000.

Abegail Objection, speculation.

Judge Overruled/Sustained

Czarina Are there instances where your husband borrows money without your
knowledge?

Mary Not that I know of.

CZARINA What did you do next when you saw him shouting at your residence?

MARY I was afraid that he might do something to me, so I locked the door and
closed the windows and did not make any noise so that he would not
hear me.

CZARINA You said that you were afraid of your brother. Is he capable of hurting
you?

JM Objection, you honor. Leading question.

JUdge Sustained/overruled

42
CZARINA I will rephrase my question, madam Witness.

Was there an instance where your brother hurt you or your husband
before the incident?

MARY None, ma’am. There was not a time that he hurt me… nor my husband.

CZARINA So if your brother, the accused, after no response from your house,
what happened next?

MARY I did not hear his voice after 3 minutes. I think he already walked away.

CZARINA Do you think he walked towards the farm while was still holding a
knife?

MARY Yes.

DEFENSE Objection. Move to strike that from the records, your honor.
Speculation.

Judge Sustained/overruled

CZARINA Around what time did the accused leave your house?

MARY Around 2pm.

43
Czarina What happened next?

Mary Our family members told me to stay in the house so that we can avoid
being hurt by my brother.

Czarina What happened next?

Mary Macky went home and told me that his uncle stabbed his father.

Czarina What happened next?

Mary I called for help in our brgy. And went to my husband

Czarina What happened next?

Mary I saw my husband lying on the ground and was already pronounced dead.
:(

CZARINA Madam Witness, in your Complaint Affidavit, there is a document


attached marked as Annex B which is entitled, Certificate of Death
where the name of Mr. Pugsat Y. Anges is on it. Did you attach this
document?

44
MARY Yes Ma’am.

CZARINA If I show you the document, will you be able to identify it?

MARY Yes Ma’am.

CZARINA I am showing you this document marked as Exhibit B appearing on


page 11, is this the document you are referring to?

MARY Yes Ma’am

CZARINA Your Honor the witness has identified Exhibit B appearing on page 11.

JUDGE Noted.

CZARINA Madam Witness when your husband died, did you incur any expenses?

MARY Yes Ma'am.

CZARINA So can you tell us what are those expenses?

MARY We paid for his coffin and other burial expenses which included the
foods that were served during and after the wake.

CZARINA Do you have any document that will support your claim?

45
MARY Yes Ma'am. The receipts that I gave in your office.

CZARINA Your Honor, the witness submitted to our office the following receipts
and was marked as Exhibit H-1, H-2 and H-3.

judge Noted.

CZARINA I have no more questions Your Honor. The witness is ready for cross
examination.

JUDGE Any cross?

JM Yes, Your Honor. May I proceed?

JM You mentioned that your relatives warned you not to go out to avoid
the accused from hurting you?

Mary Yes

JM Why did they say that?

MAry Because he is shouting and holding a knife

JM Madam witness, You mentioned earlier that you were at home when
the incident happened. Is that right?

MARY Yes Ma’am.

46
JM So you were not able to witness the stabbing incident that occured on
September 12, 2022?

MARY No Sir

JM Oh so, How did you find out about the incident then?

MARY I was notified by my neighbors.

JM Thank you Madam Witness. No more further questions Your Honor.

JUDGE Any re-direct?

CZARINA None, Your Honor.

Judge Any other witnesses?

Czarina Yes Your Honor

Judge Call your witness.

CZARINA Your Honor, we would like to call to the witness stand Dr. edwin Lee.

JUDGE Swear the witness.

47
ARIZELLE Please raise your right hand. Do you swear to tell the truth and nothing
but the truth in this proceeding.

MARK Yes ma'am.

ARIZELLE Please state your name and personal circumstances.

MARK I am Dr. Edwin Lee, of legal age, married and a resident of #183 Balili,
La Trinidad.

ARIZELLE Your Honor, the witness is Dr. Edwin Lee, 50 years old, married and a
resident of #183 Balili, La Trinidad.

MARK Your Witness counsel.

CZARINA Your Honor, the testimony of this witness is being offered to prove that:

1. The cause of death of a certain Pugsat Y. Anges; and


2. 2. To prove the external and internal injuries sustained by the
deceased.

Judge Any comment?

ABEGAI; Subject to cross your honor.

Judge Proceed counsel

48
CZARINA Mr. Witness, have you had any relevant educational background and
training in relation to qualify as a medico-legal officer?

MARK Yes. I have an undergraduate degree in Biology, a degree in Medicine


and postgraduate studies in Forensic Science as my qualification to
become a medico-legal officer. I obtained my undergraduate degree in
Biology from the University of the Philippines in 1990, my medical
degree from the West Visayas State University - College of Medicine in
Iloilo City in 1994 and my postgraduate degree in Forensic Science
from the University of Western Australia in Perth, Australia in
November of 2005.

CZARINA And how long have you been with the Regional Crime Laboratory
Office – CAR

MARK From June 2008 up to present, and that’s more than ten years.

CZARINA How many homicide cases have you handled since you became a PNP
medico-legal officer?

MARK So far, I have conducted more than 5,000 autopsies in my 23 years as a


medico-legal officer.

CZARINA Do you know a certain Pugsat Anges?

MARK Yes. he was the victim of a stabbing incident that transpired on


September 14, 2021.

CZARINA How do you know him?

49
MARK I conducted an autopsy on him.

CZARINA Where did you conduct such an examination?

MARK The body was examined at the Benguet General Hospital morgue.

CZARINA What have you done after the examination of the corpse of Mr. Pugsat?

MARK I prepared the MEDICO-LEGAL REPORT numbered or coded as


BPD11094-69D, attorney.

CZARINA What are the pertinent findings during your postmortem examination
on the chest of the victim?

MARK A single stab wound in between the third and fourth ribs of the chest
traversing the left ventricle of Pugsat Anges’s heart, having a depth of
5.09 inches and 1.5 inches in diameter.

CZARINA In sum, what is the cause of death of the victim?

MARK Hypovolemic Shock secondary to a Stab Wound in the left chest.

CZARINA In layman’s terms, what does that mean doctor?

MARK In layman’s terms, it means that the victim died from severe bleeding
in the right thoracic cavity secondary to a penetrating stab wound in
the chest.

50
thoracic cavity, also called chest cavity, the second largest
hollow space of the body. It is enclosed by the ribs, the
vertebral column, and the sternum, or breastbone, and is
separated from the abdominal cavity (the body's largest
hollow space) by a muscular and membranous partition,
the diaphragm.

CZARINA Doctor may we ask what could have caused the injury sustained by the
victim?

MARK The stab wound in the chest is due to contact with a bladed weapon.

CZARINA Mr. Witness, do you remember executing a document in relation to this


case?

MARK Yes Ma’am.

CZARINA If I show you the document, will you be able to identify it?

MARK Yes.

CZARINA I am showing you a document marked as Exhibit G. Is this the


document you are referring to?

MARK Yes Ma’am

Cza Below the document, there appears to be a name, Dr. Edwin Lee, and a
signature above it. Do you know who’s signature and name appears on

51
the document?

MARK That is my name and signature.

CZARINA Your Honor, the witness identified Exhibit G.

Judge Noted.

CZARINA No more questions Your Honor.

judge Any Cross?

Abegail None your honor.

Judge Are there any other witness to present?

CZARINA No more further witness, your honor and the Prosecution rests its case.

May we request 15 days to submit our Formal Offer of Evidence.

(delete na to)

Your Honor, may we be allowed to make our Oral Formal Offer of


Evidence.

Judge You may proceed/ GRANTED

52
CZARINA Your Honor, we offer in evidence the following exhibits:

Exhibit A, the Salaysay ng Reklamo filed by the wife of the deceased,


Juana Y. Anges.

Exhibit B, the certificate of death of Mr. Pugsat Y. Anges.

Exhibit C, the knife as a weapon which was recovered at the scene of


the crime.

Exhibit D, the scene of the crime and where the body of the victim was
found.

Exhibit E, the Pinagsamang Salaysay ng Pagkasaksi at Pag-aresto


executed by Macky Anges, Bagim anges and Kadwa T.Alon to prove
that on the said date and place stated in the affidavit, the accused
stabbed and hacked the victim in this case therefore committing
homicide and to prove the guilt of the accused;

Exhibit F, the police report of Patrolman Paul Lislis.

Exhibit G, the Autopsy report of the victim which identified that the
victim died of multiple stab wounds.

Exhibit H, the receipts showing the burial expenses that the family of
the victim incurred as a result of his death and to prove the civil
liability of the accused.

Exhibit I, the affidavit of Patrolman Paul Lislis to prove that he


responded to the scene of the crime and found the body of the victim
and the weapon used to stab the victim.

That would be all Your Honor.

Judge Comment?

JM None Your Honor.

OR

53
We object to the admission of exhibit A, B, and F for being self serving
and does not necessarily prove the guilt of the accused;

We admit the existence of Exhibit

JUDGE Delete narin to.

Grant or deny.

CZARINA Thank you, Your honor. With the admission of our evidence, the
prosecution rests its case.

OR

The prosecution rests its case.

judge ORDER ________________________________


_____________________________________________________________
_____________________________________________________________
_________________________________________.

PRESENTATION OF EVIDENCE BY THE DEFENSE

ARIZELLE All rise. The Court is now in session. Witness the Honorable
Judge Benedict Pataras presiding. Silence is enjoined.

Judge Call the case

ARIZELLE For the reception of evidence, Criminal Case No. 819-19 People

54
of the Philippines vs. Awan K. Kurangna for the crime of
Homicide.

Judge Appearances.

CZARINA Prosecutor Czarina Joy Pena appearing for the state, your
honor.

ABEGAIL Atty. Abegail Armas, appearing for the defendant, your honor.

Judge Call your Witness.

ABEGAIL Your Honor, we would like to call the accused, Mr. Awan
Kurangna, to the witness stand.

JUDGE Swear the witness.

ARIZELLE Please raise your right hand. Do you swear to tell the truth, the
whole truth and nothing but the truth in today's proceeding, so
help you God?

JM I do.

ARIZELLE Please state your name and personal circumstances.

JM I am Awan Kurangna, 40 years old, single and a resident of


Brgy. Betag, La Trinidad, Benguet.

55
ARIZELLE Your Honor, the witness is Awan Kurangna, 40 years old, single
and a resident of Brgy. Betag, La Trinidad, Benguet. The
accused in this case.

JUDGE Offer.

ABEGAIL Your Honor, the testimony of this witness is being offered to


prove that:

1. He is the accused in this case;


2. He voluntarily executed a counter affidavit, in relation to
this case;
3. He is suffering from mental illness; and
4. He was not of sound mind when he committed the
crime .

Or pwede din ganito :

Your honor, we are offering the testimony of the accused to


confirm the truthfulness of his statements in his Affidavit
marked as Exhibit 1 for the defense, specifically to prove that
the killing of the deceased Pugsat Anges was not voluntary. That
the accused is suffering from mental illness and he was not of
sound mind when he committed the crime.

JUDGE Any comment?

CZARINA Subject for cross examination, your honor.

JUDGE Proceed.

ABEGAIL Do you know why you are here?

56
JM Yes Ma’am.

ABEGAIL May I know why are you here?

JM I received a subpoena asking to submit a counter-affidavit,


attached with it is a complaint against me.

ABEGAIL So Mr. Awan, do you confirm that you are the accused in this
case?

JM Yes, Ma’am.

ABEGAIL Do you remember executing a counter-affidavit?

JM Yes, Maam.

ABEGAIL I am holding here a document entitled Counter-Affidavit, please


take a look and confirm if this is the affidavit you are referring
to.

JM Yes Ma'am. This is the document I am referring to.

ABEGAIL Your Honor, the witness has identified the Counter Affidavit
appearing on page 26-30..

57
ABEGAIL Do you remember, Where were you last September 14, 2021?

JM I was at home at that time.

ABEGAIL What can you remember about that day?

JM I am sorry Ma’am but I cannot remember everything that


happened during that day.

ABEGAIL What events can you remember that happened during that day?
Can you atleast share in this court?

JM All I can remember is that I was home alone because my mother


had to process her loan application for my medication.

ABEGAIL What else can you recall? If any.

JM I can also remember that I suffered from a headache.

ABEGAIL Anything else?

58
JM Nothing else Ma’am because the next thing I can already
remember is that I was already being held by Macky and Bagim
and saw the lifeless body of Pugsat.

ABEGAIL Do you normally forget some events that happen in your day?

JM No Ma’am, but sometimes it happens especially when I don't


take my medicine.

ABEGAIL In your counter affidavit you stated that you are suffering from
a mental illness, is that true?

JM Yes Mam

ABEGAIL What is this mental illness?

JM As stated in my Medical Certificate, I was diagnosed with


Dissociative Identity Disorder or Multiple Personality Disorder.

ABEGAIL I am holding here a document entitled Medical Certificate. Is


this the document you're referring to?

JM Yes Ma’am.

ABEGAIL Your Honor, the witness has identified Exhibit 1 found in page
31

JUDGE Noted.

59
ABEGAIL What is this disorder?

CZARINA OBJECTION YOUR HONOR!

Opinion. The accused is not an expert witness.

JUDGE Sustained/ Overruled.

(Next) / Ok proceed

JM According to my psychiatrist, it is where I formed other


personalities to escape from some traumatic experiences.

ABEGAIL (Ok I will change my question-Sustained)

Who are you consulting in addressing this disorder, any expert


or a doctor?

JM My psychiatrist Ma’am.

ABEGAIL Are you currently taking some kind of medicine to control your
mental issue?

JM Yes Ma’am.

ABEGAIL I am showing here a prescription for medicine, can you confirm


that these are the medicines that you are taking?

60
JM Yes Ma'am, these are the medicines prescribed by my
psychiatrist.

ABEGAIL In paragraph 4 of your counter affidavit you mentioned that


your disorder resulted when you were abused while working
abroad, is that right?

JM Yes Ma’am.

ABEGAIL What are these abuses?

JM While I was working abroad my coworkers would always ask


for money and if I declined their request they would kick or
punch me.

ABEGAIL What else?

JM That’s all Ma’am.

ABEGAIL Do you regularly experience such abuse?

JM Yes Ma’am.

61
ABEGAIL How regular is this?

JM It usually happens every pay day.

ABEGAIL Pay day? Why?

JM Because they know that I have money during those times.

ABEGAIL Thank you Mr. Witness, your Honor, we are through with the
direct examination.

Judge Any cross?

CZARINA Yes, Your Honor

JUDGE Proceed

CZARINA In your Counter Affidavit, paragraph 4, you mentioned that the


Dissociative Identity Disorder is still recurring when you failed
to take your medicine, am I correct?

JM Yes, Ma’am.

62
CZARINA Are you religiously taking your medicine?

JM No, Ma’am. Due to financial reasons.

CZARINA In your Counter Affidavit, you stated that you were diagnosed
with DID in January of 2021. Am I correct?

JM Yes Ma’am.

CZARINA Since you are not taking your medicine regularly, there are
times that your DID recurs. Do you remember when was the last
time that your DID recur aside from September 14, 2021?

JM It was on September 12, 2021 where a certain JM Plantito filed a


blotter in the Brgy.

CZARINA You mentioned that you cannot remember the events that
happen when one of your identities appear, is that true?

JM Yes Ma’am.

CZARINA Then how come you can remember when was the last time when
your DID recurred?

JM I have received a summon attached with a barangay blotter


report regarding this incident. I am also being monitored by my
mother most of the time so she informs me whenever my
condition occurs.

63
CZARINA Do you personally know Mr. JM Plantito?

JM No, ma’am.

CZARINA How about Mr. Pugsat, do you personally know him?

JM Yes, ma’am.

Czarina How are you related to Mr. Pugsat?

JM He is my brother-in-law.

Czarina Was there a time that you lent money to Mr. Pugsat?

JM No, ma’am.

Czarina No recollection?

JM None, ma’am.

Czarina You loved him like a brother?

Abegail Objection, Your Honor, Irrelevant.

JM Yes, ma’am.

64
Czarina Even though you lent him money but instead of being grateful,
in return, he punches you in the face and kicks you on the floor.

Defense Objection, your honor. The question assumes facts not


in evidence

(Misleading)

CZARINA He promised you several times to give back your money but he
failed to do so, correct?

JM I don’t remember that he borrowed money from me.

Czarina You do not remember but the day of the incident,

you were looking for him because he fails to make up for his
promises–to pay you his debt.

That’s why you went to his house and when he was not there,
you went straight to the farm and found him and stabbed him in
his chest

Isn't that right?

ABEGAIL OBJECTION Your Honor, Argumentative.

No more questions, Your Honor.

JUDGE Any re-direct?

ABEGAIL None Your Honor

65
NARRA CHU

Judge Are there any other witnesses?

ABEGAIL Yes, Your Honor

Judge Call your witness.

ABEGAIL Your Honor, we would like to call to the witness stand Dr. Narra
Chu.

Judge Swear the witness.

ARIZELLE Please raise your right hand. Do you swear to tell the truth, the
whole truth and nothing but the truth in today’s proceeding so
help you God?

AUBY I do.

ARIZELLE Please state your name and personal circumstances.

AUBY I am Dr. Narra Chu, a Psychiatrist, of legal age, single and a

66
resident of Wangal, La Trinidad, Benguet.

ARIZELLE Your honor, the Witness is Dr. Narra Chu, Psychiatrist, of legal
age, single and a resident of Wangal, La Trinidad, Benguet.

Judge Offer?

ABEGAIL Your honor, the witness is a Psychiatrist, to prove that:

1. The accused is suffering from a mental condition known


as Dissociative Identity Disorder.
2. She gave the accused medication to help treat the mental
condition of the accused known as Dissociative Identity
Disorder.
3. The accused consulted her with regards to his condition
two days prior to the commission of the crime.

JUDGE Comment?

CZARINA Subject to cross Your Honor

JUDGE Proceed

ABEGAIL Madam witness, how long have you been practicing as a


psychiatrist?

AUBY I have been practicing as a psychiatrist for 10 years now.

67
ABEGAIL Do you know a certain Awan K. Kurangna?, the accused in this
case?

AUBY Yes Ma'am..

ABEGAIL How did you know him?

AUBY I am his psychiatrist Ma’am.

ABEGAIL Do you remember executing a document in relation to this case?

AUBY Yes Ma’am.

ABEGAIL What is that document?

AUBY I prepared and signed an affidavit for Mr. Awan K. Kurangna.

ABEGAIL If I show you that document, will you be able to identify it?

AUBY Yes Ma’am.

ABEGAIL Madam Witness, I am showing this affidavit of witness marked


as Exhibit 4. Do you remember executing this affidavit?

AUBY Yes Ma’am, that is the affidavit I executed in relation to this


case.

68
ABEGAIL On the second to the last page of the document, there appears a
signature on top of the printed name :DR. NARRA CHU”, can
you tell me whose signature is that?

AUBY That is my Signature Ma’am.

ABEGAIL Your Honor, the witness has identified Exhibit 4 appearing on


pages 31-32.

JUDGE Noted.

ABEGAIL Dr. Chu, how much time do you spend with Mr.Awan Kurangna
during his consultation?

AUBY Around 1 hour, every consultation.

ABEGAIL Madame witness, what was your diagnosis to the accused, Awan
K. Kurangna?

AUBY Based on my clinical assessment and diagnosis, the accused is


suffering from a mental disorder called Dissociative Identity
Disorder.

ABEGAIL What is this Dissociative Identity Disorder, could you explain?

69
AUBY Dissociative identity disorder (DID) is a condition in which a person has
more than one distinct identity or personality state. Each personality
state has a distinct name, past, identity, and self-image.

ABEGAIL What are the symptoms of this mental illness?

AUBY Symptoms

The major dissociative symptoms experienced by DID patients are


amnesia , depersonalization , derealization, and identity disturbance.

s.AMNESIA. Amnesia in DID is marked by gaps in the patient's


memory for long periods of their past, and, in some cases, their entire
childhood. Most DID patients have amnesia, or "lose time," for periods
when another personality is "out." They may report finding items in
their house that they can't remember having purchased, finding notes
written in different handwriting, or other evidence of unexplained
activity.

DEPERSONALIZATION. Depersonalization is a dissociative symptom


in which the patient feels that his or her body is unreal, is changing, or is
dissolving. Some DID patients experience depersonalization as feeling to
be outside of their body, or as watching a movie of themselves.

DEREALIZATION. Derealization is a dissociative symptom in which


the patient perceives the external environment as unreal. Patients may
see walls, buildings, or other objects as changing in shape, size, or color.
DID patients may fail to recognize relatives or close friends.

IDENTITY DISTURBANCES. Persons suffering from DID usually have


a main personality that psychiatrists refer to as the "host." This is
generally not the person's original personality, but is rather one
developed in response to trauma. It is usually this personality that seeks
psychiatric help. DID patients are often frightened by their dissociative
experiences, which can include losing awareness of hours or even days,

70
meeting people who claim to know them by another name, or feeling
"out of body."

The common Symptoms are

○ existence of two or more distinct


identities; and memory gaps.

○ The symptoms cause significant


distress or problems in social,
occupational or other areas of
functioning.

ABEGAIL So having mentioned that dissociative disorder of the accused,


have you experienced meeting the other personality state of the
accused during that day of consultation ?

AUBY Yes, I’ve met Adan, who is the other identity of Awan
Kurangna.

ABEGAIL When?

AUBY During his first consultation last January 2021.

ABEGAIL How?

AUBY Based on my assessment as a psychiatrist,

When I informed her mother of his condition and the latter

71
cried, Awan Kurangna suddenly acted differently.

ABEGAIL Would you mind explaining what happened next?

AUBY He was holding his head with his two hands, as if he had a
migraine. Then he blacked out. The next thing that happened
was that he changed his demeanor and he introduced himself as
ADDAN.

ABEGAIL What have you advised to your patient or to his mother after
finding his condition?

AUBY I have prescribed him some anti-depressants to be regularly


taken by the patient. I have also scheduled him for a regular
session of psychotherapy.

ABEGAIL What are these medicines?

AUBY The medicines are Lithium Carbonate and Olanzapine.

ABEGAIL I am showing you a medical prescription, were you the one who
prepared this document?

AUBY Yes Ma’am, that is the prescription that I issued to the accused
last September 12, 2021.

ABEGAIL Your Honor, the witness has identified Exhibit 1 appearing on


page 33.

72
Judge Noted.

ABEGAIL When was your next consultation with the accused?

AUBY I was last Sept. 12, 2021.

ABEGAIL What were your findings during his last consultation?

AUBY I found out that his condition has gotten worse. I also found out
that he failed to regularly take the medicines I prescribed to him
and failed to attend his therapies.

ABEGAIL Based on your finding Dr. Witness, is it possible that Mr.Awan


K. Kurangna could commit a crime and not remember it?.

AUBY Yes, he could.

ABEGAIL Why do you say so?

AUBY The DID can lead to gaps in memory.

ABEGAIL Could you further explain that please.

AUBY The accused‘s state at the time of the offense was such that his
body could be present at the homicide and yet his mind could not
be able to recall it.

73
ABEGAIL And how was that possible?

AUBY The neurological mechanism that would make this possible.

It began with the…. early abuses he suffered from the hands of


his co-workers.

In defense, Mr. Kurangna‘s head splintered and helped him


create two separate personalities.

The identities happen involuntarily and are unwanted and cause


distress.

People with dissociative identity disorder may feel that they have
suddenly become observers of their own speech and actions, or their
bodies may feel different.

ABEGAIL Alright, Dra. Chu. In your opinion, is Mr. Awan Kurangna


capable of killing someone?

AUBY No, he is not. He is far too traumatized to express his normal


anger and frustration. He keeps his emotions suppressed, which is
why he created “ADDAN” (his other personality) who is capable
of committing such an offense.

Abegail If the accused has maintained his medication, will this


incident/crime ever happen?

Auby No, Ma’am.

Abegail Is this disorder curable, Madam witness?

74
Auby No Ma’am.

Abegail Then what is the purpose of the prescription you issued to him?

AUBY The treatments I have prescribed can only help reduce the
symptoms of DID. Patients with DID will be able to manage and
learn to have more control over their behavior.

ABEGAIL Thank you Madam witness. No more question your honor.

CROSS EXAMINATION

JUDGE Any cross?

Yes your honor.


CZARINA

Dr. Narra Chu, how do you determine which type of


medication to use when there are multiple options that treat the
same condition?

AUBY Even though many medications target the same illness, they
won't all be equally effective with every patient. I try to consider
the side effects of each prescription, considering past outcomes
when I prescribed medications to other patients. For example,
nausea and loss of appetite is a common side effect of many
medications used to treat bipolar disorder. If I had a client who
had an eating disorder, a common comorbidity of bipolar
disorder, I would specifically look for an option that had fewer
instances of nausea as a side effect to help support their holistic
healing.

CZARINA Doctor Narra Chu, how many cases of mental disorder have you

75
encountered within your 5 years of experience?

AUBY I already handled several mental disorders such as depression,


bipolar disorder, schizophrenia and other psychoses, dementia,
and developmental disorders including autism.

CZARINA Dr. Chu I’m curious to know. As a psychiatrist, is DID your


field of expertise?

AUBY Yes. We, psychiatrists, are the mental health professionals who
have been trained in the process of clinical assessment and
diagnosis and who have in-depth knowledge of the broad range of
domains that may be relevant.

CZARINA So for those several mental disorders, how many cases did you
handle?

AUBY This is the FIRST DID case I’ve handled.

CZARINA I see, you have no experience regarding persons with DID before
and you’re more of an…. academic?

ABEGAIL Objection your Honor, the question tends to degrade the witness’
reputation.

jUDGE SUSTAINED, THE WITNESS MAY ANSWER. / overruled

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AUBY: (if sustained) Yes ma’am.

If the Judge overruled, DR WITNESS was not required to answer


the question and the prosecution Czarina would ask another
question.

CZARINA Would you forgive this rather.. academic question.

I’m driving in my car, somebody cuts me off (overtake). I think to


myself, “I could just kill that guy!”

But I don’t! Now do I, doctor?

ABEGAIL Objection Your Honor, the question is irrelevant.

AUBY (if sustained) I would hope not.

CZARINA That’s right.

Things happen to us. People wronged us. But we don’t go all


round inventing psychopaths to do our dirty works. Now do we,
doctor?

AUBY I’m not suggesting that you suffer from multiple personality
disorder, Maám Prosecutor. I’m saying Mr. Kurungna does.

CZARINA Yes, I know. We heard.

Ms. Witness, you’ve also testified that you have met this , what
was his name again?

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AUBY Addan.

CZARINA Addan, what?

AUBY HE didn’t give a last name.

CZARINA I see. Is this Addan telling you that he killed the victim, Pugsat
Anges?

AUBY NO.

CZARINA During consultations or examination of your patients, do you


usually record your patient?

AUBY Yes. With the consent of the patient or his guardian.

czarina Did you happen to record the appearance of this Adan, the
accused’s other personality?

auby Uhm, no.

CZARINA So you have no record whatsoever of Addan’s appearance?

ABEGAIL Objection, Argumentative.

AUBY (if sustained) No, because we have A patient Consent agreement (stated not to

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record his consultation)

CZARINA No. Alright.

Does Mr. Kurangna know the difference between right and


wrong?

auby Yes, he does.

CZARINA If Mr. Adan Kurangna killed Mr. Pugsat, would he know that
he had broken the law?

AUBY Yes, he would. But it wasn’t Mr. Awan Kurangna who killed
Mr. Pugsat

czarina Oh yes, I know doctor, it was Addan

That’s all.

No further questions your honor. We are done with the


cross-examination your Honor.

JUDGE RE-DIRECT

ABEGAIL Yes, your Honor


(DEFENSE)

JUDGE Proceed

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ABEGAIL Dr. /Ms. Witness, you have mentioned that the case of the
accused was the first DID case you've handled , right?

AUBY Yes

ABEGAIL Why so?

AUBY Dissociative Identity Disorder is a very rare mental health


condition. DID is very rare.

ABEGAIL How rare is it?

AUBY The disorder affects between 0.01 and 1% of the population and
it can occur at any age.

ABEGAIL No further questions Your Honor.

GABRIELA KURANGNA

Judge Are there any other witnesses?

ABEGAIL Yes, Your Honor.

Judge Call your witness.

ABEGAIL Your Honor, we would like to call to the witness stand Mrs.
Gabriella K. Kurangna.

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Judge Swear the witness.

ARIZELLE Please raise your right hand. Do you swear to tell the truth, the
whole truth but nothing but the truth in today’s proceeding so
help you God?

AUBY I do.

ARIZELLE Please state your name and personal circumstances.

AUBY I am Gabriella K. Kurangna, of legal age, widow, and a resident


of Brgy. Betag, La Trinidad, Benguet.

ARIZELLE Your Honor, the witness is Gabriella K. Kurangna, of legal age,


widow, and a resident of Brgy. Betag, La Trinidad, Benguet.

Judge Offer?

ABEGAIL Your Honor, the witness is the Mother of the accused to prove
that:

1. She is the mother of the accused.


2. His son, the accused in this case is suffering from a
mental disorder called Dissociative Identity Disorder;
3. They are financially incapable to support her son’s
medical needs.

Judge Any comment?

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CZARINA Subject to cross Your Honor.

Judge Proceed.

ABEGAIL Madam witness, what is your relationship to the accused in this


case?

AUBY He is my son.

ABEGAIL How about the victim?

AUBY He is my son-in-law, husband of my daughter.

ABEGAIL Madam Witness, do you remember executing an Affidavit in


relation to this case?

AUBY Yes, Ma’am.

ABEGAIL If I show the document, will you be able to identify it?

AUBY Yes, Ma’am.

ABEGAIL I am showing you a document marked as Exhibit 5, is this the


document you are referring to?

AUBY Yes Ma’am

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ABEGAIL On the last page of the document, there is a name appearing
“GABRIELLA KURANGNA” and a signature appears above
the name. Do you know whose name and signature is that?

AUBY That is my name and signature Ma’am.

ABEGAIL Your Honor, the witness identified exhibit 5 appearing on page


40.

Judge Noted

ABE Mrs. Witness, before the time of incident on September 14, 2021,
where were you?

Auby I went to MSWD to apply for medical assistance for my son


Adan Ma’am.

Abe What time was that back then if you can recall?

Auby Around 10 to 10:30 in the morning when I left our house?

Abe Were you alone when you left your house?

Auby Yes Maam.

Abe Where was your son at that time?

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Auby I just left my son in our house maam.

Abe What was he doing when you left him?

Auby He was sleeping at that time mam.

Abe What time did you arrive home back then?

Auby Around 2:00 PM when i arrived home maám/

Abe And when you’re at home, what did you do?

Auby The first thing I did was to look at the situation of my son maam.

Abe And what happened next?

Auby I found out that my son was not there already.

Abe And what did you do next?

Auby I looked for him outside mam and then someone told me that my
son stabbed Pugsat Anges at the farm.

Abe What first came to your mind when you heard that info?

Auby I was so shocked and also worried so I immediately rushed to the

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place of the incident maam.

Abe And what situation did you see in the place of the incident?

Auby I saw my son mam just sitting there with a blank expression. I
also saw Pugsat Anges lying on the ground, while my daughter
Juana and her sons were also there crying.

Abe What did you do next?

Auby I went near them and tried to talk to my son and daughter but I
received no reply.

ABEGAIL What happened next? If any.

Auby I tried to talk to my daughter to please understand the situation of


his brother.

Abe What situation are you referring to ?

Auby The situation of my son Awan Kurangna mam, who is sick and
suffering from mental illness.

Abe What is this Mental Illness?

Auby DID, Maam

85
Abe Was Awan Kurangna suffering from that mental illness for a long
time, Mrs Witness?

Auby No Ma'am, it was just when he came back here in the Philippines
that I noticed that something was wrong with him.

ABEGAIL When he came back here to the Philippines, from where?

AUBY From Saudi.

ABEGAIL What was he doing there?

AUBY He was an OFW ma’am.

ABEGAIL What was his occupation there?

AUB He was a butcher.

ABEGAIL For how long?

AUBY For 15 years.

ABEGAIL Did he mention anything about his experiences while he was still
in Saudi?

AUBY Yes mam.

86
ABEGAIL Tell us what you know about Mr. Kurangna’s experiences as an
OFW in Saudi.

CZARINA Objection your honor. This question calls for a narrative


answer.

AUBY (if overruled) He always tells me that he always gets beaten up by his co-
workers every pay day.

ABEGAIL No further question your honor.

CROSS EXAMINATION OF THE MOTHER

CZARINA Madam witness, what have you noticed to your son, Mr.
Kurangna when he came back to the Philippines from Saudi
Arabia?

AUBY I’ve noticed something different about him.

CZARINA What do you mean different? Could you explain to us.

AUBY I noticed that he is not acting normal. That when he blacks out,
it’s like he is not with himself anymore. I felt that he is a
stranger. So we went to a psychiatrist to knwo if he has a mental
condition.

CZARINA When he is acting strangely, was there a time that he hurt you?

87
AUBY No. Sometimes, he flies into rage but he does not hurt me during
those times.

CZARINA So when Mr. Kurungna blacks out, or when he is not acting like
you used to know him, do you think he can hurt you?

DEFENSE Objection. The question calls for an Opinion.

Judge If overruled. Witness may answer

AUBY No. I don’t think so.

BARANGAY CAPTAIN

DANTE MIGUEL

Judge Are there any other witnesses?

Mark Yes, Your Honor

Judge Call your witness.

Mark Your Honor, we would like to call to the witness stand Mr.

88
Kaphie Tan.

Judge Swear the witness.

ARIZELLE Please raise your right hand. Do you swear to tell the truth, the
whole truth and nothing but the truth in today’s proceeding so
help you God?

DANTE I do.

ARIZELLE Please state your name and personal circumstances.

DANTE I am Kaphie Tan, of legal age, a resident of Brgy. Betag, La


Trinidad, Benguet and also the Barangay Captain of Barangay
Betag, La Trinidad Benguet.

ARIZELLE Your Honor, the witness is Kaphie Tan, of legal age, a resident
of Brgy. Betag, La Trinidad, Benguet and the current Barangay
Captain of Betag, La Trinidad, Benguet.

Judge Offer

Mark Your Honor, the witness is the Barangay Captain of Betag, La


Trinidad Benguet to prove that:

1. Prior to the incident, there had been a complaint in


Barangay involving Mr. Awan K. Kurangna; and
2. To authenticate the existence of the barangay blotters
against the accused.
3. To prove that she is the barangay captain of Betag, La

89
Trinidad.

Judge Any comment?

Czarina Subject to cross Your Honor.

Judge Proceed Counsel

Mark Thank you, Your Honor.

Mr. witness, do you remember executing a document in


connection with this case?

Dante Yes Ma’am.

MArk If I show you the document, will you be able to identify the
same?

Dante Yes, Ma’am.

Mark Madam Witness, I am holding a document entitled Affidavit of


Witness, is this the document you are referring to?

Dante Yes, Ma’am.

Mark On the bottom page of the document, there appears a name and
a signature on top of the printed name “KAPHIE TAN”. Can
you tell me whose name and signature is that?

90
Dante That is my name and signature Ma’am.

MARK You mentioned in your Sworn Affidavit that you are the
Barangay Captain where the crime happened, is that correct?

DANTE Yes, sir.

MARK Do you know Mr. Awan Kurangana, the accused in this case?

DANTE Yes Sir.

MARK He is a resident in our Barangay.

MArk Mr. Witness, in your affidavit, you mentioned the existence of a


certain Barangay Blotter. Do you confirm?

Dante Yes Ma’am.

MARK What complaints/incidents are instituted in these Barangay


Blotters?

DANTE These are complaints against Awan Kuranga na suddenly


chasing people and asking them to pay him their debts.

MArk I am holding here a document entitled as For Blotter, and


executed on September 6, 2021 signed by Zel T. Masa, marked
as Exhibit 3-B, do you confirm?

91
Dante Yes, Ma’am.

MArk Thank you Madam witness. I am holding here another


document entitled `` For Blotter, executed on September 13,
2021 signed by JM PLantito, marked as Exhibit 3-C, can you
confirm?

DANTE Yes Ma’am. I confirm.

Mark Madam witness, attached in your affidavit is a Blotter filed by


Zel T. Masa and JM Plantito in your Barangay which was
marked as Exhibit 4-B and Exhibit 4-C, can you confirm?

Dante Yes Ma’am.

MARK Thank you Mr. Witness.

What did you do when you received these complaints?

DANTE We apprehended Awan Kurangna

MARK What did you do next? If any.

DANTE We interviewed him and asked for his information.

MARK What happened next/did he say?

DANTE He said that his name was Adan.

92
Mark You stated in paragraph 4 of your sworn statement that you
talked to Awan and his mother, what did you talk about?

Dante We discussed the incident when we apprehended Awan.

MArk What incident?

Dante That when we apprehended and asked him what his name is, he
always tells us that he is “Adan.”

MARK What else? If any.

DANTE I told this to her mother and to him but he always insists that he
can’t remember anything about the name he was telling me.

MARK What else?

DANTE We were also able to discuss the mental condition of the accused.

MARK What mental condition?

DANTE They explained to me that Awan Kurangna was suffering from a


mental condition known as DID.

CZARINA Objection, hearsay?

93
Mark No more question your Honor.

Judge Any Cross?

Czarina Yes, your honor.

Mr. Kaphie Tan, in your barangy. hall, do you practice a


rotational duty?

Dante Yes, ma’am.

Czarina Mr. Kaphie Tan, were you on duty at the barangay hall when the
barangay blotters dated Sept 6, 2021 and Sept. 13, 2021 were filed
against Mr. Kurangna?

Dante Yes, ma’am. I was the officer of the day on Sept. 6 and Sept. 13,
2021

Czarina Did the complainants, Ms. Masa and Mr. Plantito, tell you that
Mr. Kurangna was LOOKING for them before that incident?

MArk Objection. Hearsay.

Czarina Your honor, I was just asking what was already written in the
barangay blotter which is a public record.

JUDGE If OVERRULED, the witness may answer

94
Dante No, they said that Mr. Kurangna just randomly MET them while
they were walking and Mr. Kurangna just ran after them while
asking for the money they allegedly owed.

Czarina Do the victim and his wife really owed to Mr. Kurangna?

Mark Objection your Honor. Speculation.

Mr. Witness does not have personal knowledge of the alleged


debt.

Czarina Your honor, I was asking about the narration of the witnesses in
the barangay blotter report.

Judge If judge said OVERRULED, the witness may answer.

DAnte According to the complainants in the blotter report, they said that
they never borrowed money from Mr. Kurangna.

Czarina For the first incident involving the blotter against Mr. Kurangna.
Was Mr. Kurangna holding a KNIFE?

Dante For the first incident involving the blotter against Mr. Kurangna.
Was Mr. Kurangna holding a KNIFE?

Czarina How about for the second incident?

Dante No. There was no weapon involved.

95
Czarina Mr. Witness. You just said a while ago that Mr. Kurangna just
RANDOMLY ran after the witnesses in the two brgy blotter
reports.

Does it appear to you that Mr. Kurangna has an intent to kill the
the complainants while asking for the money the complainants
allegedly owed?

Mark Objection. Speculation.

A witness must have personal knowledge of a


fact to testify about that fact and put it into the
court record.

Czarina I will rephrase my question, Mr. Witness.

Does Mr. Kurangna’s acts, while walking and randomly asking


the complainants for the money they allegedly owed and running
after them, tantamount to his intent to kill the complainants?

Witness No. I don’t think so.

Czarina No further questions your honor.

Judge RE-DIRECT?

Mark Yes, your honor.

On the first blotter report when Mr. Kurangna was holding an


itak, did he use that weapon against the complainant Mr.

96
Plantito?

DAnte Yes. He was about to use the itak against the complainant.
Luckily, he ran as fast as he could until the barangay tanod of
Brgy. Betag apprehended Mr. Kurangna.

Mark So you are saying that if the complainant has not been a fast
runner during that time and when the Brgy. Tanod of Brgy. Betag
did not apprehend him, Mr. Kurangna could have just killed that
person?

Dante Yes, he can. Mr. Kurangna could have killed the complainant.

Mark No further questions, your honor.

Judge RE-CROSS?

Czarina Yes, your honor.

On the first blotter report was Mr. Kurangna shouting, "Haan ka


polos agbaybayad ti utang. Patayek sika!" while holding an itak
and running after the witness?

Mark Objection. Irrelevant. The statement was not written on the brgy.
blotter report.

Czarina Your honor, I was establishing Mr. Kurangna's intent here.

97
Judge If Overruled. The witness may answer.

Dante No, that was not on the written report. The witness did not tell me
about such a statement.

Czarina No further questions, your honor.

Judge Are there any other witnesses?

Mark Your Honor, I have no more witnesses to present. May we


request that we may be given 15 days to submit our formal offer
of evidence.

Judge Granted. You may now formally offer your evidence.

Prosecution Thank you, Your Honor. We respectfully offer our evidence as


follows

EXHIBIT “1”- The Medical Certificate issued by Dr. Narra Chu

EXHIBIT “2”- The Medical Prescription issued by Dr. Narra


Chu

EXHIBIT “3”- The Affidavit of Kaphi Tan

EXHIBIT “4”- The Affidavit of Dr. Narra Chu

EXHIBIT “5”- The Affidavit of Gabriella Kurangna

That is all for the Defense, YH. The defense now rests its case.

SB Your Honor, we are through with our witnesses. The Defense


now rests its case.

98
CLOSING ARGUMENT

Judge Both the prosecution and the defense have now rested their
cases. The attorneys will now present their final arguments.
Prosecution, you may begin.

Prosecution PRESENT YOUR CLOSING ARGUMENT

Judge Defense, you may proceed with your closing argument.

Defense PRESENT YOUR CLOSING ARGUMENT

Judge The court will now take a recess.

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