script murder

8/22/2019 Script Murder

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SCRIPTFrustrated Murder

People vs. Merin

CHARACTERS:Ayn Sarsaba Prosecution CounselAnthony Prestoza Prosecution CounselKatherine Jane Manarang ComplainantRichard Alvin Nalupta Boyfriend of the Complainant (ProsecutionWitness)Dr. Juan Paolo Gascon Expert WitnessAnalita Ocampo Defense CounselHelen Paulette Tapire Defense CounselIris Victoria Merin - Accused

Leira Taruc Expert WitnessCatherine Bool- Nunez Officemate of Complainant (Defense Witness)Joel Macalino

PROSECUTION

Direct Examination of Catherine Jane Manarang byProsecutor Anthony Prestoza

COURT: Call the case.

INTERPRETER: For hearing, Criminal Case No. 12345, People of thePhilippines vs. Iris Victoria Merin.

COURT: Appearances.

PROSECUTOR PRESTOZA: For the government.

ATTY. TAPIRE: For the defense.

COURT: Ready?

PROSECUTOR PRESTOZA: Ready Your Honor.

COURT: Call your witness to the witness stand.

PROSECUTOR PRESTOZA: May I call on Catherine Jane Manarang.

COURT: Swear in the witness.

INTERPRETER: Do you swear to tell the truth, all the truth and nothingbut the truth in this case?


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WITNESS: Yes, sir.

COURT: Please state your name and other personal circumstances.

WITNESS: Catherine Jane Manarang, 28 years of age, single, a CertifiedPublic Accountant of the Accounting Division of Nestle Philippines and aresident of Unit 143 Astral Apartment Padre Faura St. Ermita, Manila.

COURT: Your witness.

PROSECUTOR PRESTOZA: The witness is being presented to testify onthe fact that the accused bought the rat killer and that the substancethat poisoned her was from the grapefruit juice which the accusedprepared. May we proceed Your Honor?

COURT: Proceed.

Q: Catherine Jane Manarang, will you please tell this Honorable Courtwhere you were on October 17, 2007 at around 8 oclock in themorning?A: I was in our apartment at Unit 143 Astral Apartment Padre Faura St.Ermita, Manila.

Q: Who lives in that apartment?A: I and my best friend, Iris Victoria Merin.

Q: Who was with you at that particular time of the day?A: I was alone because I did not report for work to prepare for myengagement party.

Q: How did you prepare for the party?A: I decided to clean the house.

Q: And what particular areas of the house did you clean?A: I cleaned the living room and the CR first. Then I cleaned the dirtykitchen. Because I remembered Iris said something like Dumadami na

yung mga rodents sa dirty kitchen.

Q: The last place you cleaned was the dirty kitchen?A: Yes, Your Honor.

Q: What did you do in order to solve the problem on the rats?A: I used a rat killer, Your Honor.

Q: Who bought the rat killer?A: Iris bought it because she told me that she noticed that there were

rats in the place.


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Q: Have you actually seen any rats in your place?A: No. Actually, it made me wonder I just relied on the word of Iris.Besides, in our lease agreement, there was a stipulation that it shall bethe owners responsibility to conduct quarterly pest control measures.

Q: I am showing to you this document previously marked as Exhibit A.Please go over this document and tell this Honorable Court if this is thelease agreement you are referring to.A: Yes, this document is the lease agreement.

Q: Whose signature is this above the printed name Catherine JaneManarang which is appearing on page 2 of this contract of lease?A: My signature, sir.

Q: And this signature belongs to whom? (Prosecutor Prestoza pointingat the right portion of the document)A: Our lessor, Mr. Rhandell Matuloy.

PROSECUTOR PRESTOZA: Which for purposes of identification, YourHonor, I would like to request the marking of the signature appearingabove the printed name of Catherine Jane Manarang as Exhibit A-1.

COURT: Mark it.

PROSECUTOR PRESTOZA: And the signature appearing above theprinted name of Rhandell Matuloy as the lessor be marked as Exhibit A-2.

COURT: Mark it.

PROSECUTOR PRESTOZA: We would also like to request for the markingof stipulation no.8 in this lease agreement as Exhibit A-3.

COURT: Mark it.

Q: Was there consistent compliance by the owner?A: Yes.

Q: What happened next?A: After cleaning, I rested because I got tired. I remembered thatbefore Iris left that morning for work, she told me not to forget to drinkthe grapefruit juice she prepared for me.

Q: Where did you find the grapefruit juice?A: Inside the ref.


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Q: If that pitcher containing the grapefruit juice will be shown to you,will you be able to recognize it? (lawyer takes the pitcher showing it tothe victim)A: Yes, thats the one.

PROSECUTOR PRESTOZA: For the record, the pitcher, previouslymarked as Exhibit B was recognized by the victim as the pitchercontaining the grapefruit juice prepared by the accused for thecomplainant.

Q: When did you drink the said beverage?A: Before I went to Starbucks.

Q: How many glasses were you able to drink?A: I drank about 2 glasses.

Q: Can you estimate the amount of juice you drank?A: A glass would contain about 300-350 mL of liquid. So, that wouldmake about 600-700 mL.

Q: What else did you do on that day?A: I went out to meet Iris for our usual coffee break in Starbucks at 3oclock in the afternoon. We spent the whole afternoon together untilwe decided to go home for the party.

Q: Did you feel anything at that time?

ATTY. OCAMPO: Objection, Your Honor! Question is leading.

COURT: Sustained.

Q: What happened at Starbucks?A: While were eating, I complained to Iris that my head was aching.

Q: Did your friend say anything?

A: She told me that I was just tired.

Q: What time did you leave Starbucks?A: 5 oclock.

Q: What time did you arrive in your apartment?A: We arrived at about 5:30 oclock in the late afternoon. The dinnerparty was set at 6 oclock that evening.

Q: What happened later?

A: The guests arrived. We entertained them.


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Q: Was your fiance with them?A: Yes.

Q: What happened next?A: I approached Iris and chatted with her.

Q: What did you feel at that time?A: My headache worsened. I began to feel nauseous and I vomited. Ifelt so weak that I lost my balance.

Q: Did anyone come to help?A: Yes, Iris caught me before I hit the floor.

Q: Did you notice anything else?A: Before I totally lost consciousness, I saw that Iris was smiling whileshe held on to me.

Q: So, if the accused is inside this courtroom, would you be able toidentify and point to her?A: Yes, Sir. (Victim pointed to the accused.) There.

PROSECUTOR PRESTOZA: That is all, Your Honor.

COURT: Cross?

ATTY. OCAMPO: Yes, Your Honor.

Cross Examination of Catherine Jane Manarang byAtty. Analita OcampoQ: Miss Witness, you testified that in the lease contract, the lessor hadthe responsibility to conduct pest control measures. How often is thispest control conducted?A: Quarterly, Your Honor.

Q: And during what months did the lessor conduct these pest control

measures?A: February, May, August, and November of every year, Your Honor.

Q: Miss Witness, you testified that in cleaning the dirty kitchen, youused a rat poison to kill the rats there. Is that right?A: Yes.

Q: How did you use the rat poison?A: I took the pack out of the box. Then I put some into my hand. I putthe rat poison in some rice and then I put the rice on the floor so thatthe rats could eat them.

Q: You did not use any gloves to protect your hands or your skin?


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A: No, Your Honor.

Q: Miss Witness, did you know that a rat poison could also poisonhumans if accidentally swallowed?A: Yes, Your Honor.

Q: So, even if you knew that, you still did not use any protection foryour hands?A: Yes, because I planned to wash my hands after I cleaned the dirtykitchen.

Q: After cleaning the dirty kitchen?A: Yes, Your Honor.

Q: Not right after you put the poison into the rice, as you have saidearlier?A: Yes, Your Honor.

Q: You testified that you drank the grapefruit juice. What was the colorof the juice?A: Yellow.

Q: When you drank the juice, what was its taste?A: It was sour, a bit bitter, Your Honor.

Q: Bitter?

A: Yes, Your Honor.

Q: Hindi ka ba nagtaka at mapait yung juice na ininom mo?

PROSECUTOR PRESTOZA: Objection: Your Honor! My witness cannotunderstand Filipino.COURT: Let the question be translated for the witness.

INTERPRETER: Did you not wonder why the juice was bitter?A: No, Your Honor. The grapefruit juice really has a slight bitter taste,perhaps because it was so sour.

Q: You testified that before the accused left the house, she told you notto forget to drink the juice. Has she done this even before the incidenthappened?A: Yes, Your Honor. Both of us used to do that. We often leave food anddrinks for each other.

Q: So, when she told you not to forget to drink the juice, it was nothingnew to you, because both of you had that habit.A: Yes, Your Honor.


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Q: You testified that at 3 pm on October 17, 2007 you met with theaccused at a coffee shop. When you were with the accused, did younotice anything different about her?A: Yes, Your Honor.

Q: What was that?A: When I complained about my headache, she just told me that I was

just tired.

Q: Were you not really tired after cleaning the entire house?A: Yes, I was quite tired, Your Honor.

Q: You also said that at the party you felt nauseous, and then youvomited and fell to the floor. Is that right?A: Yes, Your Honor.

Q: When you were already at the floor, were you still conscious?A: Yes, Your Honor.

Q: Was your sight still clear?A: A bit blurry, Your Honor.

Q: So you cannot see clearly at the time you fell to the ground?A: Yes, because I was so dizzy.

Q: So you cannot possibly say that Iris was really smiling when she heldyou?A: Im not sure Your Honor.

Q: Miss Witness, have you ever visited a psychiatrist?A: Yes, Your Honor.

Q: When was this?A: Around August 2006, Your Honor.

Q: Why did you go to such psychiatrist?

A: I needed treatment for my depression, Your Honor.

Q: What was the cause of your depression?A: My parents died of a terrible accident, and I blamed myself for theirdeath.

Q: Who was the doctor who treated you?A: Dr. Leira Taruc.

Q: Where is her clinic located?

A: At the Medical Center Manila.


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Q: What did this Dr. Taruc do to treat you?A: I went through psychological counseling sessions, Your Honor.

Q: Were this counseling sessions reduced into writing?A: Yes, Your Honor.

Q: Is this document the record of the treatment you went throughunder Dr. Taruc? (Atty. Ocampo showing the summary discharge reportto the complainant)A: Yes, Your Honor

ATTY. OCAMPO: For the record, the complainant has identified Exhibit 1which was previously marked as Summary Discharge Report at theMedical Center Manila.

Q: Who prepared this medical report?A: It was Dr. Taruc who prepared the report, Your Honor.

Q: Miss Witness, did anything happen before you visited yourpsychiatrist?A: I committed suicide.

Q: Did your psychiatrist prescribe any medication?A: Yes, she gave me anti-depressant pills.

Q: Are you still taking these medications?

A: Not anymore, Your Honor.

ATTY. OCAMPO: No further questions.

COURT: Re-direct?

PROSECUTOR PRESTOZA: No, Your Honor. We will call on our nextwitness.

COURT: Miss Witness, You may step down. Call your next witness.

Direct Examination of Richard Nalupta by ProsecutorAnthony PrestozaPROSECUTOR PRESTOZA: Im calling on Mr. Richard Alvin Nalupta.


WITNESS: Yes Sir.



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WITNESS: Ritchie Nalupta, 30 years of age, single, head security officerof the Security Services Division of Nestle Philippines and a resident of299 Aguado St. San Miguel Quiapo, Manila.


PROSECUTOR PRESTOZA: This witness, Your Honor, Richard Nalupta ispresented to testify on the fact that the accused secretly fell in loveand could possibly be obsessed with him and may likewise began tohate the complainant secretly. May we proceed, Your Honor?

COURT: Proceed.

Q: Do you know the complainant?A: Yes.

Q: How are you related to her?A: She is my fiance.

Q: Do you know the accused?A: Yes.

Q: How is she related to the complainant?A: She is the childhood friend of the complainant; officemate; and theylive in the same apartment.

Q: Were you aware that the accused likes you?

ATTY. OCAMPO: Objection, Your Honor. Counsel is speculating.

Q: Do you visit the complainant in their apartment?A: Yes, Your Honor.Q: How often do you visit the complainant?A: During weekdays, whenever I drop her after work, and duringweekends.

Q: Whenever you visit the complainant in their apartment, are thereany persons around?A: Yes, sometimes, Iris was there.Q: When you visit the complainant during weekend, was thecomplainant always there?A: Not always, Your Honor.

Q: What do you mean when you said that the complainant was notalways there?

A: Shes not there because she went out.


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Q: And whenever that happens, who do you find at their apartment?A: Iris, Your Honor.

Q: Mr. Witness, what do you do whenever you visit the complainant at

their apartment and she is not around?A: I wait for her to come back, Your Honor.

Q: Where or in what particular part of the apartment do you wait?A: At the living room, Your Honor.

Q: And while waiting, what normally transpires?A: I watch the tv or listen to music.

Q: You said earlier that whenever the complainant is not around duringyour visit, Iris was at the apartment, is that right?A: Yes, Your Honor.

Q: So there were times that only you and the accused were in theapartment, while you were waiting for the complainant?A: Yes, Your Honor.

Q: What transpires whenever you and the accused are alone in theapartment?A: The accused flirts with me, Your Honor.

Q: What do you mean when you said she was flirting with you?A: She wears revealing clothes, she says I love you jokingly, mgaganun.

Q: Do you recall how many times these have happened?A: Many times, Your Honor.

Q: What do you tell the accused every time she flirts with you?A: I dont mind her jokes.

Q: Does your fiance know of these instances?

A: Yes, Your Honor.

Q: Why?A: Because I told her a few times about it.

Q: What did your fiance say?A: She said: Dont mind her. Shes crazy.

Q: Mr. Witness, please examine this text message, and tell the Court ifyou recognize it?

A: Yes, Your Honor.


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Q: Why do you recognize it?A: Because I received that text message from the accused on August15, 2007.

Q: This text message purports to have been sent by the person owning

this mobile number, 09173237890. Do you recognize the person whoowned this number?A: Yes, that is the mobile number of the accused, Your Honor.

Q: How do you know?A: Because the mobile number of the accused is stored in my mobilephone, Your Honor.Q: Will you please read aloud the contents of this text message?A: Richie, kung hindi ka magiging akin, walang makikinabang sayo!(Richie, if I wont have you, no one else will!)

Q: Mr. Witness, kindly read the next text message.A: Akin ka lang, Richie. Mamamatay ang kahit sinong aagaw sayo.(Youre mine, Richie. Whoever tries to steal you from me will die.)

PROSECUTOR PRESTOZA: Your Honor, for the record, these textmessages appearing on the screen of the mobile phone of Mr. Nalupta,previously marked as Exhibit C has been identified by the witness.

PROSECUTOR PRESTOZA: This document is the printed copy of the textmessages contained in the mobile phone of Mr. Nalupta. We would like

to request that it be marked as Exhibit C-1.

COURT: Mark it.

Q: How often does she send you this kind of text messages?A: Almost everyday, Your Honor.

Q: What were you doing during the engagement party?A: I was entertaining our friends.

Q: Were you near the victim?

A: No. I was about 8 meters away from her.

Q: Who was with the victim when the incident happened?A: She was with the accused.

Q: What did you do when you learned of the incident?A: I rushed to her. She was already lying on the ground.

Q: What did you do afterwards?A: I called for an ambulance. We rushed her to the hospital.

Q: How long did you stay with her at the hospital?


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A: About four hours. I waited for the doctor to come out.

Q: When the doctor came out, what did he tell you?A: The doctor said my fiance was poisoned.

PROSECUTOR PRESTOZA: No further questions, Your Honor.

COURT: Cross?

ATTY. OCAMPO: Yes, Your Honor

Cross Examination of Richard Nalupta by Atty. Analita

OcampoQ: Mr. Witness, you have testified that whenever you and Ms. Merin arealone in the apartment, she tried to flirt with you. Is that right?A: Yes, Your Honor.

Q: What made you say that?A: Well, I feel she made some advances. ( extra sweetness )

Q: How long have you known Ms. Merin?A: I have known her ever since I began courting my fiance since both

of them live in the same apartment. Thats about four years ago.

Q: Would you consider Ms. Merin as your friend?A: Ummm. Yes.

Q: Mr. Witness, is it possible that the reason why Ms. Merin treats youwell and with extra sweetness is because she considers you as a closefriend since you are the fiance of her best friend?A: Yes

Q: You also testified that Ms. Merin sent you threatening text

messages. What is you proof that it was indeed my client who sent youthose messages?A: I am sure Your Honor because I am familiar with the way sheconstructs her messages.

Q: Mr. Witness, does the complainant use your mobile phone insending text messages to her friends?A: Yes, sometimes

Q: How about you? Are there times when you borrow the complainants

cellular phone?A: Yes, there are times I use her phone.


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Q: So, is it possible that Ms. Merins phone has also been borrowed bysomeone else and it was not her who sent you those text messages?A: Yes its possible. But Your Honor Im really sure she was the onewho sent me those messages.

ATTY. OCAMPO: No further questions, Your Honor.

COURT: Re-direct?

PROSECUTOR PRESTOZA: No, Your Honor. We will call on our lastwitness.

COURT: Call your witness.

Direct Examination of Dr. Juan Paolo Gascon byProsecutor Ayn SarsabaPROSECUTOR SARSABA: Im calling on Dr. Juan Paolo Gascon.


WITNESS: Yes.


WITNESS: Dr. Juan Paolo Gascon, 28 years of age, single, emergencyphysician and a resident of Robinsons Tower, Padre Faura St., Ermita,Manila.


PROSECUTOR SARSABA: This witness, Your Honor, Dr. Juan PaoloGascon, will testify on the findings in the medico-legal report preparedby him to prove the following: (i) that the effective cause of the

complainants condition is chemical poisoning; (ii) that the dose takenby the complainant is necessarily fatal; and (iii) that the possiblesource of the cyanide poison is the grape fruit juice prepared by theaccused. May we proceed, Your Honor?

COURT: Proceed.

Q: You declared that you are a doctor of medicine, Dr. Gascon, wheredid you finish your medical degree?A: Emilio Aguinaldo College, United Nations Avenue, Manila.

Q: When did you graduate?A: 1994?


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Q: Are you a licensed physician?A: Yes.

Q: When did you pass the doctors board examination?

A: in 1995.

Q: Where are you presently connected?A: Im presently connected with the Philippine General Hospital locatedin Taft, Manila.

Q: Since when have you been employed in that hospital?A: I have been employed there since 1998.

Q: What is your present designation?A: Im presently an emergency physician in said institution.

Q: Since you became a licensed physician, have you attended seminarsand undertaken training in connection with the practice of medicine?When and where?A: Yes. I have attended several training seminars on emergencymedicine held here and abroad. In fact, I have also been invited as aguest speaker to give special lectures on modern medical toxicologyand the medico-legal aspect of poisoning. To name a few: One of theinternational medical conferences Ive attended was in Switzerland lastOctober 2007 called Poisoning and Drug Overdose by Dr. Barry Rumack

and Dr. Allan Hall who were internationally recognized experts ininternal medicine. Another would be the one held just last January inFlorida, USA entitled Emergency Medicine: Practicing According to theEvidence.

Q: Have you testified as a Medical expert in cases before courts ofjustice?A: Yes, mostly on medico legal cases.

Q: How many medico legal cases so far have you testified? What kind

of medico legal cases have you testified?A: For the past 5 years, around two hundred (200) cases. Mostlyhomicide and murder cases involving food and chemical poisoning,medical malpractice cases and industrial and vehicular accidents.

Q: Do you recall having attended on one Catherine Jane Manarang atthe Philippine General Hospital?A: Yes.

Q: Do you recall when was that doctor? About what time?

A: About 6:30 in the evening of October 17, 2007.


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Q: Do you recall how many days was she confined to the hospital?A: She was confined for one week.

Q: Why was she confined that long?A: We made sure that the neurologic and cardiovascular status has

normalized and acidosis and other metabolic abnormalities haveresolved before we discharged her.

Q: While in the hospital, did you continue attending on her?A: Yes.

Q: After her discharge, did you require her to still see you for furthermedications?A: Yes, Your Honor.

Q: Why?A: I advised the patient to have a follow-up within 7 to 10 days afterdischarge to reevaluate and monitor for onset of delayed neurologicmanifestations.

Q: Did the patient see you for a follow-up Doctor?A: Yes.

Q: Did you find any neurologic complications in said follow-up?A: None.

Q: So Doctor, we are assured that the patient, complainant herein, is ina healthy state of mind?A: Yes.

Q: Attached to the record of the case is a Medico Legal Report issuedby one Dr. Juan Paolo Gascon, is this the one you are referring to?(Exhibit D)A: Yes.

PROSECUTOR SARSABA: For the record, the witness has identified thedocument previously marked as Exhibit D as the Medico Legal Report

issued by Dr. Juan Paolo Gascon.

Q: There is a signature above the typewritten name Dr. Juan PaoloGascon, do you know whose signature is this doctor?A: It is my signature.

PROSECUTOR SARSABA: I respectfully request Your Honor, that thesignature appearing in Exhibit D be marked as Exhibit D-1.

COURT: Mark it.


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Q: Doctor, please read this particular entry. (Witness reading a portionof the medico legal report)A: The patient came in the emergency room stretcher-borne,unconscious and in respiratory distress. Her vital signs then were:Blood pressure 80/50 mmHg, Cardiac rate of 50 beats per minute,

Respiratory Rate of 12 cycles per minute and temperature of 37.8degree Celsius.Patients skin was flushed.

Q: Could you please explain this finding in more simple terms for anordinary person to understand?A: The patient clearly was in an unstable condition, or in a very criticalcondition, warranting an immediate medical intervention, constantmonitoring for any sign of deterioration and further evaluation.

Q: Do you know what could have caused this kind of condition?A: My diagnosis at that time was there was chemical poisoning.

Q: Why is the condition of Catherine Jane Manarang attributable topoisoning rather than to disease or some natural cause? Were testsconducted confirming the existence of poisoning?A: We did Toxin Screening with the patients blood. It revealed thepresence of trace amounts of cyanide in the blood, and since cyanide isnot normally found in our blood and considering its chemical nature, itis poisonous.

Q: So you are saying that the actual or effective cause of the condition

of the patient is?A: Chemical poison, which is harmful to the body or deadly to humans.

Q: Did the symptoms which appear resemble the typical symptoms ofpoisoning by the alleged poison?A: Yes. The symptoms of cyanide poisoning are headache, nausea,vomiting, generalized body weakness, loss of consciousness, flushedskin, and unstable vital signs all of which are present in this case.

Q: Doctor, what could be a possible source of cyanide in this case?A: Based on the history given to me by the informant when the patient

was brought to the ER, possible sources of cyanide could be any of thefood or beverage the patient had ingested on the day of the incident.

Q: History? What do you mean by that Doctor?A: We fill out a form called History and Physical Examination. Containedhere are the General Data, Reason for the Consult or Chief Complaint,the History of Present Illness and the Past Medical History. Relevanthere is the History of Present Illness. This refers to the events andactivities of the patient which transpired prior to the consultation, fromthe onset of symptoms to the time of consultation.

Q: Now, you mentioned about an informant. Who was the informant ofthe patient in this case, Doctor? Was it Miss Merin?


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ATTY. TAPIRE: Objection, Your Honor, the question is leading!

Q: Who was the informant of the patient in this case?A: It was Miss Iris Merin.

Q: Would you please tell the Court what it was exactly that Miss Merintold you?A: The informant told me that during their coffee break on the day ofthe incident, the food intake of the patient consisted of tuna sandwich,fresh green salad, green tea frappuccino, and during the party, shedrank coke zero.

Q: Now, my question to you is: Is it possible Doctor that a grape fruitjuice can be a source of the cyanide poison?

ATTY. TAPIRE: Objection, the question is leading.

Court: Sustained.

A: Actually, during the confinement of the patient in the hospital forone week, said patient mentioned to me that she also drank grape fruit

juice. It is possible that the grape fruit juice could be the source ofcyanide considering that she ingested the same 3 hours before theonset of symptoms.

Q: What is the minimum lethal dose of cyanide?A: Fatal dose is the smallest dose known to cause death: not thesmallest amount which will certainly cause death. Several scientificstudies have shown that the toxic threshold dose is 50 to 100mg ofcyanide in the human body.

Q: In your opinion, was the dose taken by the victim necessarily fatal?A: An analysis of the patients blood would tell us the amount or levelof cyanide in the blood. The patients blood was found to have 1.5mg/dL cyanide content. Based from this definitive finding, I canextrapolate that the amount ingested by the patient is lethal or fatal.

Q: Is that all, Doctor?A: As previously stated, the symptoms of the patient would eventuallylead to cardio-pulmonary arrest (death). If no prompt intervention wasdone, the patient would have died.

Q: What are you trying to tell us Doctor?A: The severity of the symptoms may serve as an indication of howlethal the dose of cyanide is. Or that the effect of poisons in the body isusually proportional to the dose taken. The bigger the dose, the more

severe the symptoms will be.


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Q: Doctor, do you have any other field of expertise?A: Yes. I am also an expert chemist and toxicologist. I specialize inForensic Medicine and Toxicology specifically Poisoning and DrugOverdose.

PROSECUTOR SARSABA: I will show you a document, previouslymarked as Exhibit E. This is the Toxicology Report from the NBI on theresults of their chemical analyses of the sample taken from the grapefruit juice in the pitcher and of the sample taken from the rodenticideor rat killer, Rat-A-Rest, found in the apartment of the complainant andaccused.

Q: As an expert, can you please interpret to us the findings in thisreport?A: This report reveals that the sample taken from the grape fruit juicehas been contaminated with rodenticide. It also shows that rodenticidehas 50% cyanide concentration. It also illustrates that the grape fruit

juice is hence contaminated with cyanide.

Q: Doctor, have you formed an opinion?A: It seems that the rodenticide has been intentionally mixed into thegrape fruit juice.

PROSECUTOR SARSABA: No more questions, Your Honor.

COURT: Cross?

ATTY. TAPIRE: Yes, Your Honor.

Cross Examination of Dr. Juan Paolo Gascon by Atty.Paulette TapireQ: Doctor, you have testified that you also specialize in Toxicologyspecifically Poisoning and Drug Overdose, hence, you are an expert inthat field, am I right?A: Yes.

Q: Doctor, when does ingestion of the cyanide poison cause the onsetof symptoms of cyanide poisoning?A: Patients who ingest potentially fatal amounts may not develop life-threatening symptomatology for up to 1 to 2 hours following exposure.

Q: Symptoms such as?A: In patients who do not experience sudden collapse, the initial signsand symptoms can resemble those of anxiety or hyperventilationsyndrome. Early signs include headache. Late signs of poisoning arenausea, vomiting, loss of consciousness, and a variety of cardiac

effects.


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Q: The patient-complainant also testified that she drank two glasses ofthe alleged source of the poison the grape fruit juice at around 2:45pm and the onset of the symptoms of cyanide poisoning was about6:00 pm. Thus, 3 hours had lapsed from the ingestion of the allegedsource (grape fruit juice) before the symptoms developed, am I right?

A: Yes.

Q: But you also said that symptoms of cyanide poisoning are expectedto develop 1 to 2 hours following ingestion?A: Yes.

Q: If thats the case, dont you think there is an inconsistency of theduration of ingestion and onset of symptoms between the patientsactual case and the established scientific findings of cyanidepoisoning? With this, does it not mean that the condition of the patientcan not be attributed to cyanide poisoning but to some other cause?A: Yes. That is possible.

Q: Are you sure?A: I can say that it is possible that the patients condition was not dueto cyanide poisoning.

Q: Doctor, about the source of the poison, you only said possiblesources, right?A: Yes.

Q: By possible, you mean?A: Probable or potential source of the poison, Maam.

Q: That the grape fruit juice is just one possible source of the cyanidepoison?A: Yes.

Q: And that there are other possible sources of the cyanide as well?A: Yes.

Q: So, is it safe to conclude, Doctor, that the cyanide poison may havecome from another source considering that for that day, the patientsfood intake comprised of different food and beverages?A: Yes, that is possible.

Q: Are you aware of the history of said patient, that she had at onetime in the past, attempted to end her life due to depression?A: Yes.

Q: That she has a history of one previous suicidal attempt one year

from the date of the incident?A: Yes.


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Q: In your opinion, is said fact relevant to the determination of thecause of the symptoms?A: Yes. History of any previous suicidal attempts, history of thepatients mental condition and history of business, marital and social

failures are taken into consideration in cases of poisoning.

Q: Is it safe to conclude then that it is possible that the poisoning isattributable to suicide?A: Yes, Your Honor.

ATTY. TAPIRE: No further questions, Your Honor.

COURT: Re-direct?

PROSECUTOR SARSABA: Yes, Your Honor

Re-Direct Examination of Dr. Juan Paolo Gascon byProsecutor SarsabaQ: Doctor, is it possible that the onset of symptoms for cyanidepoisoning varies for each person? Is it possible that said symptomsmay appear beyond the normal 1-2 hour duration?A: That is possible.

Q: Will you explain to us how that is possible?A: Some persons possess different levels of sensitivity to certainsubstances. The body may acquire tolerance to some substances.Another would be: The body has a natural defense against cyanideexposure in the form of an endogenous enzyme, namely, rhodanese.

This enzyme catalyzes cyanide complexing with sulfur, forming themuch less toxic ion thiocyanate. The availability of sulfur constitutesthe rate limiting factor in natural cyanide detoxification. In the absenceof exogenous source of sulfur, rhodanese activity is too slow to preventserious toxicity or death.

Q: Could you explain to the Court what you mean by that Doctor?A: Even though the normal duration is 1 to 2 hours, there are somecases in which the signs and symptoms of cyanide poisoning in apatient may be delayed and appear beyond the normal duration. In thecase of the patient Miss Manarang, there was a one-hour delay ofappearance of symptoms because as confirmed in her lab tests, herbody produces abnormal amounts of sulfur and as Ive mentionedearlier, when there is more sulfur in the body, the cyanidedetoxification in the body is hastened, thus, the serious toxic effects ofcyanide will be diminished. Lastly, the food intake of the patient maypossibly contribute to such effect.

PROSECUTOR SARSABA: No further questions, Your Honor.


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COURT: Re-cross?

ATTY. TAPIRE: No re-cross, Your Honor.

COURT: Mr. Witness, you may step down.

Formal Offer of Evidence by the ProsecutionPROSECUTOR SARSABA: Your Honor, we are now resting the case forthe prosecution.

COURT: How do you intend to submit your formal offer?

PROSECUTOR SARSABA: We can now offer our evidence, Your Honor.

COURT: Proceed

PROSECUTOR SARSABA:

Exhibit A is the Contract of Lease being offered to prove thatthere is a stipulation on the quarterly conduct of pest control measuresby the lessor.

Exhibit A-1 and A-2 are the signatures of Catherine JaneManarang as lessee and Rhandell Matuloy as lessor to prove that these

two persons were the contracting parties to the lease agreement.

Exhibit A-3 is the stipulation regarding the pest control measuresto prove that the lessor undertakes to conduct the quarterly pestcontrol measures.

Exhibit B is the pitcher from which a sample was taken andsubjected to chemical analysis for the purpose of proving the fact thatthe source of poison was the grapefruit juice prepared by the accusedcontained in the pitcher.

Exhibit C consists of text messages to prove that the accusednurtured feelings for the complainants boyfriend.

Exhibit C-1 consists of printed copies of the text messages tocorroborate to the fact that the accused had been sending several textmessages to the complainants boyfriend to manifest her obsession.

Exhibit D is the Medico Legal Report issued by Dr. Juan PaoloGascon to prove the following: (i) that the effective cause of thecomplainants condition is chemical poisoning; (ii) that the dose takenby the complainant is necessarily fatal; and (iii) that the possible

source of cyanide poison is the grapefruit juice prepared by theaccused.


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Exhibit D-1 is the signature of Dr. Juan Paolo Gascon to be a partof his testimony that he was the attending physician of thecomplainant.

Exhibit E is the Toxicology Report of the National Bureau ofInvestigation to prove the chemical analysis of the sample taken fromthe pitcher for qualitative and quantitative determination of the poison.

Exhibit Fis the Box of Rat Killer to prove the source of the poisonwhich was bought by the accused.

COURT: Any comment?

ATTY. OCAMPO:

As to Exhibits A, A-1, A-2 and A-3 we admit the existence andauthenticity, Your Honor.

As to Exhibit B, we admit its existence but not its purpose.

As to Exhibits C and C-1, we can only admit as to the existence ofthe text messages but not its authenticity.

As to Exhibit D and D-1, we admit the existence and authenticity,Your Honor.

As to Exhibit E, we admit its authenticity and genuineness.

As to Exhibit F, we admit its existence but not its purpose.

COURT: Acting on the formal offer of exhibits of the prosecutor andcomments thereon by the defense counsel, the Court resolves to admitall the exhibits offered by the defense counsel specified in the offer.

DEFENSE

Direct Examination of Dr.Leira Taruc by Atty. HelenPaulette TapireATTY. TAPIRE: For the defense, we are ready to present our firstwitness, Your Honor.

COURT: Proceed.

INTERPRETER: Do you swear to tell the truth, all the truth and nothingbut the truth in this case?WITNESS: Yes Maam.


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WITNESS: I am Dr. Leira Leonor Taruc, 35 years old, single, a licensedpsychiatrist at the Psychiatry Department, Medical Center Manila, anda resident of 123 Krusada St. Quaipo, Manila.

ATTY. TAPIRE: Your Honor, the witness is presented to testify on themedical records of the complainant who underwent several counselingsessions under her supervision and to prove the mental and emotionalinstability of the complainant. May we proceed, Your Honor?

COURT: Proceed.

Q: When were you admitted to the practice of medicine?A: In 1995, Your Honor.

Q: From what university or college did you graduate and when?A: I graduated from the University of Santo Tomas in the year 1994.

Q: Did you graduate with honors?A: Yes, Latin Honors Your Honor.

Q: Do you have any post-graduate degree?A: Yes, Your Honor. I finished my Master of Psychiatry degree at theUniversity of Melbourne in 1998.

Q: Since when have you been practicing as a psychiatrist?A: For almost 10 years, Your Honor.

Q: What is the nature of your work as a psychiatrist?A: As a psychiatrist I deal with the diagnosis, treatment and preventionof mental and emotional illness and behavioral disorders of patients.

Q: How do you treat your patients?A: I listen and talk to patients about their mental, emotional orbehavioral problems and assess the status of these disorders. I alsoprescribe medications, cognitive therapy, behavioral therapy or

psychological counseling depending on the patients needs.

Q: Do you know the complainant in this case?A: Yes, Your Honor.

Q: Why do you know her?A: She was my patient at the Psychiatry Department of Medical CenterManila.

Q: When was this?

A: August 16, 2006.


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Q: For what reason did she come to your clinic?A: She consulted me about her condition.Q: Was the consultation out of her own volition?A: No. She was advised by her friend.

Q: Doctor, what procedures or tests did you conduct on thecomplainant during the consultation?A: I conducted physical examinations. I asked her to tell somethingabout her, her work, her family, and other personal relationships. I justlistened to whatever she said. While she was talking, I observed herdemeanor, the way she spoke, and her gestures.

Q: What did you notice about the complainant while she was talking toyou?A: At first, the patient was apparently normal. But when she begantalking about her family, particularly her parents, she began to sob,and then she cried. Her hands were trembling. She blamed herself forthe death of her parents.

Q: What matters were revealed to you by the complainant in thecourse of the consultation?A: The physical examinations revealed sleeping apnea, insomnia,hypertension, and migraines.

Q: As to her emotional condition?A: The patient is suffering from major depression, without psychotic

features.

Q: Did you talk to anyone else regarding the patients emotionalcondition?A: Yes, Your Honor.

Q: Who else did you talk to about her emotional condition?A: I spoke to her friend, the one who advised the patient to seek help.

This was part of the analysis of the patients condition.

Q: Any other tests that you conducted on the patient?

A: No more, Your Honor.

Q: Doctor, from the examinations and observations, what did youconclude about the complainants condition?A: The patient from suffered from single episode depression.

Q: Will you explain to this Court what that condition meant?A: Single episode depression or SED is a type of major depression thatoccurs once, as a result of a single psychological trauma. In the case ofthe patient, based on our conversations, the only traumatic event

which caused the depression was the terrible accident and death of herparents.


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Q: What made you conclude that the patient was suffering from thiscondition?A: The symptoms of SED, which include insomnia, loss of appetite,which may, or may not lead to weight loss, mood swings and hypnotic

spells, matched with the results of the patients physical examination.

Q: How did you treat the patient?A: The patient was admitted to the hospital as inpatient.

Q: How long did she stay at the hospital?A: One month, Your Honor.Q: And what methods or procedures did you use to treat the patient?A: I conducted supportive counseling, Your Honor.

Q: Will you tell this Honorable Court what supportive counselingmeant?A: Supportive counseling helps ease the pain of depression andaddresses the feeling of hopelessness that accompanies thedepression. In the case of the patient, I talk to her about whathappened to her during the past week. If the patient mentioned anegative event, I ask her what she felt, why she felt that way and howshe should have viewed the negative situation.

Q: And the counseling sessions were at what intervals?A: Once a week, Your Honor.

Q: Did you prescribe any medication to the patient?A: Yes, I prescribed anti-depressant pills.

Q: When did you discharge the complainant/ patient?A: September 16, 2006, Your Honor.

Q: The medical findings that you had on the complainant, were thesereduced into writing?A: Yes, Your Honor, I have made a psychiatric assessment on themedical findings.

Q: Did you personally prepare the said writing?A: Yes, Your Honor.

Q: Does this document have any relation to the report that you haveprepared? (Showing the psychiatric assessment)A: That is the report that I have prepared, Your Honor.

ATTY. TAPIRE: For the record, the witness has identified this documentpreviously marked as Exhibit 2 as the psychiatric assessment record of

Catherine Jane Manarang.


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Q: In the last page of this document, there appears a signature. Whosesignature is this, Miss Witness?A: That is my signature, Your Honor.

ATTY. TAPIRE: I respectfully request, Your Honor, that the signature

appearing in this document be marked as Exhibit 2-A.

COURT: Mark it.

Q: Doctor, who ordered the discharge of the complainant?A: I ordered the discharge, Your Honor, upon request of thecomplainant?

Q: Were there any conditions upon the discharge of the complainant?A: In my discharge summary, I stated that although the patient is beingdischarged, she is to continue treatment as an outpatient.

Q: Did the patient comply with the condition?A: No, Your Honor. She did not return to the hospital after thedischarge.

Q: Doctor, when the complainant was discharged, what was hercondition?A: There was an improvement in her condition in general, although sheis not completely stable yet.

Q: What do you mean she is not completely stable yet?A: While she manifested improvement, there is a possibility of relapse.

Q: Do you mean to say, Doctor, that the patients condition may recur?A: If unguarded, Your Honor.

Q: Unguarded?A: If the patient does not follow the treatment plan, the possibility ofrelapse is high.

Q: Do you mean to say, Doctor, that, in the case of the complainant,

there is a possibility of a relapse, considering she did not return to youfor further treatment?A: Yes, Your Honr.

Q: And should there be a relapse, would another suicide be also apossibility?A: That is possible, Your Honor.

ATTY. TAPIRE: No further questions, Your Honor.

COURT: Cross?


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PROSECUTOR SARSABA: Yes, Your Honor.

Cross Examination of Dr. Leira Taruc by Prosecutor

Ayn SarsabaQ: Doctor, you testified that you treated the complainant for singleepisode depression. Is that true?A: Yes, Your Honor.

Q: When you discharged the complainant, what was her condition?A: She was emotionally stable.

Q: What made you conclude that the patient was emotionally stable?A: During our last counseling session, there were no longer signs of theSED. She no longer showed signs of mood swings. She no longer cried

when I asked her about the death of her parents. She said she wouldnot blame herself anymore.

Q: You also testified that your relationship with the complainant lastedfor one month. Will you tell this Honorable Court why it lasted only forsuch period?A: The patient responded well during our counseling sessions. The anti-depressant pills which I have prescribed also worked positively on her.

Q: The anti-depressant pills that you prescribed; do they have any sideeffects?A: I asked the patient what she felt after taking the medication. Shesaid she felt drowsy, which is a normal side effect of anti-depressants.

Q: Are there any other side effects?A: Other anti-depressants make a patient restless and anxious. But theeffects really vary from one person to another. In the case of thecomplainant, the only effect was drowsiness.

Q: You testified that a relapse is possible if the patient does notcontinue treatment after discharge, is that true?A: Yes, Your Honor.

Q: How high are the chances of a relapse?A: It depends, Your Honor.

Q: Depends on what?A: If the patient is under several medications and they are not followed,a relapse is highly possible. And if the patient does not submit tofurther counseling sessions when required, a relapse is also possible.

Q: Was the complainant under medication when she was discharged?


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A: Yes, but only for anti-depressant, Your Honor.

Q: So in your opinion, is the possibility of a relapse high or low?A: I cannot tell, Your Honor.

Q: Would that also mean that, in the case of the complainant, suchrelapse may not happen?

ATTY. TAPIRE: Objection, Your Honor, the question is leading.

COURT: Sustained.

PROSECUTOR SARSABA: No further questions, Your Honor.

COURT: Re-direct?

ATTY. TAPIRE: No, Your Honor. We will call on our last witness.

COURT: Miss Witness, You may step down. Call your last witness.

Direct Examination of Kate Nunez by Atty. AnalitaOcampoATTY. OCAMPO: May I call on our next witness, Miss Kate Nunez.


WITNESS: Yes Maam.


WITNESS: I am Kate Nunez, 32 years old, married, an officemate of thecomplainant and a resident of 345, Paco, Manila.

ATTY. OCAMPO: The witness is being presented to testify on the

character and suicidal tendencies of the complainant. May we proceed,Your Honor?

COURT: Proceed.

Q: Do you know the complainant?A: Yes, Your Honor.

Q: Why do you know her?A: I work with her at the accounting department at Nestle Philippines.

Q: How long have you been officemates?A: About two years.


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Q: How would you describe her as an officemate?A: She is a quiet person, a loner.

Q: In the two years that youve known the complainant, was there any

untoward incident which involved her?A: None sir.

Q: Was there any time that you noticed something different about thecomplainant?A: Yes.

Q: What was that?A: I saw her one time at the comfort room, she was crying while staringat the mirror.

Q: What did you do when you saw her crying?A: I asked her if something wrong happened.

Q: What was her answer?A: She said, I wanna die!

Q: What did you tell her after she said those words?A: I asked her again what happened

Q: And what was her answer?

A: She did not say anything, she just stared at me.

Q: What was your reaction?A: I said, Come on, you can tell me your problems.

Q: Did this kind of incident happen again?A: Yes. Two days after, the same incident happened in the comfortroom.

Q: What did you do during that second incident?A: None. I did not ask her anymore because I know she wouldnt tell me

anyway.

Q: Do you remember what transpired afterwards?A: After about three days, I learned of the complainants attempt tocommit suicide.

Q: Miss Witness, on June 22, 2006, did you receive an e-mail from thecomplainant?A: Yes, Your Honor.

Q: Who was the sender of that e-mail?A: It was Catherine, Your Honor.


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Q: How do you know?A: Because she used her signature, Your Honor.

Q: Miss Witness, please examine this writing, and please tell the Courtif you recognized it?A: That is the e-mail sent by the complainant, Your Honor.

ATTY. OCAMPO: For the record, the witness has identified thisdocument previously marked as Exhibit A as the printed copy of the e-mail sent by the complainant.

Q: Can you tell the Court what the e-mail contained?A: It says: Dear Kate, my parents didnt deserve to die that way. I amso stupid, I should have died with them. I wanna die now!

Q: How sure are you that this is the same e-mail which you receivedfrom the complainant?A: Because her signature appears at the bottom of the e-mail, YourHonor.

Q: This signature appearing here, is this the signature of thecomplainant?A: Yes, Your Honor.

ATTY. OCAMPO: Your Honor, it is respectfully requested that thesignature appearing in this Exhibit 3 be marked as Exhibit 3-A.

ATTY. OCAMPO: No further questions.

COURT: Cross?

PROSECUTOR SARSABA: No cross- examination for the witness, yourhonor.

Direct Examination of Iris Victoria Merin by Atty.Helen Paulette TapireATTY. TAPIRE: For the defense, we are ready to present the accused,

Your Honor.

COURT: Proceed.


WITNESS: Yes Maam.


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WITNESS: Iris Victoria Uy Merin, 28 years of age, single, foodtoxicologist at the Research and Development Division NestlePhilippines, and a resident of Unit 143 Astral Apartment Padre Faura St.

Ermita, Manila.COURT: Your witness.

ATTY. TAPIRE: Your Honor, the testimony of the witness is being offeredto controvert the material allegations of the information against IrisVictoria Merin and to testify that due to the complainants mental andemotional state, her perspective of the situation cannot be relied upon.May we proceed, Your Honor?

COURT: Proceed.

Q: Miss Witness, are you the same Iris Victoria Merin who is theaccused in this case?A: Yes, Your Honor.

Q: Do you know the complainant?A: Yes, Your Honor.

Q: Do you know her personally?A: Yes, Your Honor.

Q: How are you related to her?A: She is a childhood friend. We work in the same company and we livein the same apartment.

Q: Iris Merin, please tell this Honorable Court, where were you onOctober 17, 2007 at around 6pm?A: I was at the engagement party of Catherine and Richard.

Q: Can you recall what happened during that engagement party?A: I was chatting with Catherine while having a drink. We were in the

kitchen then. Afterwards, I saw her holding her abdomen and vomiting.

Q: What were you drinking that time?A: I was drinking margarita, she was drinking Coke zero.

Q: Then what happened?A: She dropped to the ground. She was so pale and sweaty. She losther consciousness. Ritchie called for an ambulance and then webrought her to the nearby hospital.

Q: How long did you stay at the hospital?A: I stayed there overnight.


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Q: Before the incident happened, where were you?A: I was at the Starbucks with Catherine.

Q: At around what time was that?

A: It was around 3pm. It was my coffee break then.

Q: Did Catherine go to work that day?A: No, Your Honor.

Q: Would you know why?A: She told me she would take a leave because she needed to preparefor their engagement party.

Q: Did you go to work that day?A: Yes.

Q: What time did you leave the house?A: I left the house 6:30 am.

Q: So could you positively say that you had no idea about whattranspired on that day, October 17, 2007, before the incident at theengagement party happened?

PROSECUTOR PRESTOZA: Objection, Your Honor! The question is

leading.

COURT: Sustained.

Q: When you left the house, what was Catherine doing?A: She was still sleeping, Your Honor.

Q: Miss Witness, were you aware that the complainant suffered from amajor depression?A: Yes, Your Honor.

Q: Would you know the reason why she suffered from that depression?A: Because she couldnt accept the untimely death of her parents. Sheblamed herself for their death.

Q: When did her parents die?A: Around May of 2006.

Q: After the death of the complainants parents, what happened to thecomplainant?A: She became insomniac. There were nights that she couldnt sleep.

She also drank liquor more often. She began to lose weight. There were


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also mood swings, particularly in the afternoon. There were times thatshe would just cry. Sometimes she just keeps quiet and not talk to me.

Q: Did the complainant remain that way?A: Yes, Your Honor.

Q: For how long did she remain that way?A: I think around two months, before she attempted to end her life.

Q: When did she attempt to commit suicide?A: Around July or August 2006, Your Honor.

Q: After she committed suicide, what happened?A: She sought the help of a psychiatrist.

Q: Did you advise her to seek medical help?A: No, Your Honor, because I was afraid shed say I think shes crazy.

Q: Did you do anything to help her?A: Yes, Your Honor.

Q: What did you do to help her in her condition?A: I was always talking to her, asking her how she feels, I kept tellingher not to be depressed anymore. I also told her to stop drinking.

Q: After she sought the help of a psychiatrist, what happened?

A: Catherine recovered from the depression. She was sleeping well andwas no longer drinking often.

Q: No more signs of the depression were present?A: Hmm, sometimes she suddenly kept quiet. There were times Icaught her crying silently.

ATTY. TAPIRE : No further questions, Your Honor.

COURT: Cross?

PROSECUTOR PRESTOZA: Yes, Your Honor.

Cross Examination of Iris Victoria Merin by ProsecutorAnthony PrestozaQ: In the direct examination, you told this Honorable Court that youwork as a food toxicologist, how long have you been practicing thisprofession?A: 7 years.

Q: What is your specialization?


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A: I specialize in chemical analysis of food composition and toxicity offood contents.

Q: So, you have knowledge of different kinds of chemicals and foodsubstances?

A: Yes.

Q: Are you familiar with rodenticide?A: Yes, Your Honor.

Q: Is it poisonous?A: Yes, Your Honor.

Q: Do you think it can kill a person?A: Depending on the amount, Your Honor.

Q: Do you use rodenticide?A: Yes, we use them for killing house rats.

Q: Do you have a rodenticide at home?A: Yes, Your Honor.

Q: Do you recognize this box of rat killer, previously marked as ExhibitF?A: Yes, Your Honor.

Q: Was this the package that contained the rat killer?A: Yes, Your Honor.

Q: Were you the one who bought this?A: No. It was Catherine who bought it because she intends to clean theapartment and to eliminate the rats at home.

Q: Miss Witness, were you aware of the provision in the lease contractwhich said that it is the responsibility of the lessor to conduct quarterlypest control measures?A: Yes, Your Honor. In fact, I was surprised why Catherine bought

rodenticide, well in fact our lease agreement provides that we shouldreport any complaints we have to the lessor.

Q: How long have you been staying with the complainant in the sameapartment?A: About 8 years now, Your Honor.

Q: Do you have any other companion in the apartment where you andCatherine stay?A: None


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Q: Does this mean that either only you or Catherine prepares the foodand drinks that may be found in the apartment.A: Yes. Except those which are ready to eat or drink. And sometimes ifa close female relative from the province decides to stay for a while inthe city, we allow her to stay in the apartment.

Q: The night before Catherine was poisoned, were there any otherperson staying with you in the apartment?A: None sir.

Q: So during that time, all the drinks and food inside the apartmentwere either prepared by you or Catherine?A: Most probably, Your Honor.

Q: Are you aware of the findings of the doctor who attended Catherinethat she was poisoned around 6 hours earlier before she was broughtto the Hospital?A: Yes, Your Honor.

Q: Where were you during that time?A: I was in the office. I have work.

Q: On the day of the incident, what time did you wake up?A: The usual. 5:30 AM.

Q: Did you wake up earlier than Catherine?

A: Yes, Your Honor

Q: During that time, did you notice any grapefruit juice in the ref?A: Yes. We always have some stock of juice.

Q: You testified that you and the complainant were childhood friends.Were you not concerned during the time that she suffered fromdepression?

PROSECUTOR PRESTOZA: Objection, Your Honor, counsel isspeculating.

(Pag overruled, ANSWER: I was concerned about her, but knowing her,she would not tell me how she feels because she liked keeping thingsto herself)

(Pag sustained, reform the question to: WHAT DID YOU DO TO HELPTHE COMPLAINANT DURING THE TIME SHE WAS SUFFERING FROMDEPRESSION? Answer: I was always talking to her, asking her how shefeels, if she was okay or not.)

Q: Miss Witness, do you know the fiance of the complainant?A: Yes, Your Honor.


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Q: How did you come to know him?A: He is the head security officer of the company where I and Catherinework.

Q: Does he visit your apartment regularly?A: Yes, I think so.

Q: Do you entertain him when he visits your place?A: Not at all. I usually give the couple some privacy.

Q: Did you like him?A: No, Your Honor.

Q: Did you nurture any affection towards him?A: No, Your Honor.

Q: Are you not jealous of your best friend?A: No, Your Honor.

Q: Did you not develop any ill feelings towards your best friend whenyou learned that she and Ritchie is getting married?A: No, Your Honor. In fact, Im happy for the both of them.

PROSECUTOR PRESTOZA: No further questions, Your Honor.

COURT: Re-direct?

ATTY. TAPIRE: No, Your Honor.

COURT: Miss Witness, You may step down.

Formal Offer of Evidence of DefenseATTY. OCAMPO: Your Honor, we are now resting the case for thedefense.

COURT: How do you intend to submit your formal offer?

ATTY. OCAMPO: We can now formally offer our evidence Your Honor.

COURT: Proceed.

ATTY. OCAMPO:Exhibit 1 is the Summary Discharge Report to prove the

complainants admission for treatment at the Medical Center Manila.


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Exhibit 2 is the Psychiatric Assessment issued by Dr. Leira Taructo prove mental and emotional condition of the complainant at thetime she was admitted for psychiatric treatment.

Exhibit 2-A is the signature by Dr. Leira Taruc as part of her

testimony attesting to the fact that she was the psychiatrist of thecomplainant at Medical Center Manila.

Exhibit 3 consists of printed copies of the electronic mails sent bythe complainant to witness Kate Nunez to prove the mental andemotional instability of the complainant and her suicidal tendencies.

Exhibit 3-A is the printed copy of the electronic signature of thecomplainant to prove the authorship of the electronic mails sent byher.

COURT: Any comment, Prosecutor Sarsaba?

PROSECUTOR PRESTOZA:

As to Exhibit 1 and 1-A, we can admit its existence andauthenticity, Your Honor.

As to Exhibit 2 and 2-A, we can only admit the existence but notthe authenticity and truthfulness Your Honor.

Court: Acting on the formal offer of exhibits of the defense counsel andcomments thereon by the public prosecutor, the Court resolves toadmit all the exhibits offered by the defense counsel specified in theoffer.

COURT: Any rebuttal-evidence, Fiscal?

PROSECUTOR SARSABA: No rebuttal evidence, Your Honor.

COURT: Considering that the public prosecutor will not present rebuttalevidence, the court gives the parties 30 days from today within which

to file their respective memoranda. The case shall be deemedsubmitted for decision after the lapse of the said period, even withoutthe said memorandum.

COURT: Order.


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script murder

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