COURT:

Call the next ready case.

Clerk of COURT:
PEOPLE OF THE PHILIPPINES versus HERNANDO JARO SR. y AMADOR,
Accused.
CRIM. CASE NO. 18-30260
For: the crime Homicide

COURT:
Appearances.
Fiscal Alarcon:
Good afternoon for the government Your Honor.

Atty. SALUBRE:
Good afternoon Your Honor, appearance for the government Your Honor

Atty. PRECIA:
Good afternoon Your Honor, same appearance as counsel for the
accused.

COURT:
Good afternoon fiscal, good afternoon Atty. SALUBRE and Atty. PRECIA. We are
schedule today for the furthim presentation of prosecution evidence. If I am not
mistaken, you filed a motion in this case which the COURT allowed.
Are you ready with your WITNESS Atty. SALUBRE?

Atty. SALUBRE:
Yes Your Honor. We are ready to present our WITNESS.

COURT:
Who are you presenting today?

Atty. SALUBRE:
The brother Your Honor of the private complainant DANNY DADO..

COURT:
And she will be your last WITNESS?

Atty. SALUBRE:
Yes, Your Honor.

COURT:
Atty SALUBRE, do you have a Judicial Affidavit of this WITNESS? You furnished
Atty. PRECIA with a copy of the Judicial Affidavit?

Atty. SALUBRE:
Yes Your Honor.

Atty. PRECIA:
Your Honor, I just received the said Judicial Affidavit today.

COURT:
Put that on record. Present your WITNESS Atty. SALUBRE.

Atty. SALUBRE:
May we call to the WITNESS stand our last WITNESS, DANNY JARO., the brother
of the private complainant.

COURT:
Swear the WITNESS.

CLERK OF COURT:
Do you swear to tell the truth, the whole truth, and nothing but the truth?

WITNESS:
Yes I do.

CLERK OF COURT:
Please state your name and other personal circumstances.

WITNESS:
I am DANNY DADO, 35 years old, single, unemployed, presently residing at B8, L6,
Southern City Subd., Tanzang Luma 4, Imus City, Cavite.

CLERK OF COURT:
Your Honor the WITNESS is Mr. DANNY DADO.
COURT:
Your WITNESS, Atty. SALUBRE.

Atty. SALUBRE:
Your Honor we are offering the testimony of WITNESS, Mr. DANNY DADO to prove
that the accused Hernando A. Jaro is guilty beyond reasonable doubt for
committing . homicide in this case; to prove that the accused should be held
criminally and civilly liable for . homicide; to identify records, evidence and
documents relevant to this case; to prove the material allegations of the complaint
and the charge in the Information and to prove all other matters pertinent to this
case.

COURT:
Do you have any comment Atty. PRECIA or subject to cross?
Atty. PRECIA:
Only one comment, Your Honor, with regard to prove the number 4 purpose, I
believe the said WITNESS is not the one who executed the complaint affidavit and
the one who should prove the allegations in the Information.

COURT:
We will take note of your objection on the offer of testimony but subject to cross?

Atty. PRECIA:
Yes Your Honor.

COURT:
Proceed, Atty. SALUBRE.

Atty. SALUBRE:
Thank you very much Your Honor.

DIRECT EXAMINATION:
(The testimony of the WITNESS in verbatim)

Atty. SALUBRE (Q):

WITNESS (A):
Yes sir.
Q:
I am showing to you a copy of the Judicial Affidavit, is this the
document that you are referring to?

A:
Yes sir.

Atty. SALUBRE:

MISTER WITNESS, do you affirm that the contents of this Judicial Affidavit are true
and correct based on your personal knowledge and the document and evidence in
your possession?

A:
Yes sir.

Q:
You also mentioned you were able to secure copy of the CCTV footage in relation
to the shooting incident that happened on August 9, 2018 in Tanzang Luma as well
as the copy of the Katibayan issued by the Punong Barangay of Tanzang Luma 5. I
am showing to you a copy of the Katibayan, is this the document that you are
referring to?

A:
Yes sir. Eto po yun.

Q:
I am also showing to you a copy of the USB containing the CCTV footage, is this the
flask drive that you are referring to?

A:
Yes sir.

Q:
And there is a signature appearing above the name DANNY DADO is this your
signature?

A:
Yes sir.

Atty. SALUBRE:
May we respectfully request Your Honor that the Judicial Affidavit of the WITNESS,
Danny M. DADO be marked as our Exhibit “R” Your Honor and the USB or flask
drive containing the CCTV footage be marked as our Exhibit “K” and the Katibayan
be marked as our Exhibit “S” Your Honor and the signature of the WITNESS be
bracketed and sub-marked as our Exhibit “R-1” Your Honor.

COURT:
Mark them.

Atty. SALUBRE:

Your Honor, to expedite the proceedings the footage with the time-lapsed as
mentioned in the Judicial Affidavit was also mentioned to dispense the showing of
the footage Your Honor.

COURT:

Atty. PRECIA will you be amenable to that? Or you can enter into stipulation, but
if you want to have that flask drive again presented I will allow that.

Atty. PRECIA:
As much as I want to stipulate Your Honor, I want to see the said flask drive Your
Honor.

COURT:
Atty. SALUBRE, Atty. PRECIA is not amenable to stipulate.
Atty. SALUBRE:
We can show the contents Your Honor, I have a computer here.
COURT:
Do you have it now?

Atty. SALUBRE:
Yes, Your Honor.

COURT:
Show it now. COURT personnel please assist the counsels.

Atty. SALUBRE:
For the record Your Honor, I am showing the flask drive containing the CCTV
footage, involving Shooting Incident in Tanzang Luma involving the accused

COURT:
Okay Present it now.

Atty. SALUBRE:
For the record Your Honor, I am showing to the defense counsel, footage of the
CCTV

Atty. PRECIA:
Yes Your Honor, admitted.

COURT:
Admitted by the defense.

Atty. SALUBRE:
Your Honor may we specifically put on record the particular incident where the
accused Hernando Jaro looking for the victim Jonathan DADO while doing physical
activity, he drew a gun from his sling bag and fire the gun towards the direction of
the deceased. It was recorded as can be gleaned in the video from 00:22 seconds
to 00:19 seconds.

COURT:
So it’s 1 minute and 13 seconds minus 3 seconds, that’s the duration?

Atty. SALUBRE:
Yes Your Honor

Atty. PRECIA:
We will not stipulate on that, we will only stipulate with regard to the pictures in
the CCTV footage . That’s all Your Honor.
COURT:
But Atty. PRECIA it covers frantically the same name that was mentioned by Atty.
SALUBRE because he was just trying to be specific with the duration.

Atty. PRECIA:
Yes, the duration Your Honor. However, he inserted a statement that the said
accused is searching for the victim here, where in fact..

COURT:
Ah yung kanina yun, yung unang manifestation nya. Yung sinearch nya tapos
nagpaputok ng baril sa direction ng private complainant. Yun ba yung hindi ka nag
i stipulate?

Atty. PRECIA:
Yes, Your Honor.

COURT:
So Atty. SALUBRE the only thing that Atty. PRECIA wants to admit is the fact that
whatever is the content of the flask drive is the one that happened during the date
of the incident. Yun lang ang willing nya I istipulate so we will limit on that because
that would be subject to the appreciation of the COURT because the COURT has a
copy of that CCTV also. So when the COURT watches the CCTV then that would be
subject to our appreciation.

ATTY SALUBRE :
Your Honor. We request to mark the flask drive and the Katibayan togethim with
the Judicial Affidavit of the WITNESS.

COURT:
Mark the same for the prosecution just make sure that we have a copy of the CCTV
footage.

CLERK OF COURT:
Your Honor, included in our record marked last October 29, 2018 the CCTV as
Exhibit “K”.

COURT:
Okay. You are done now Atty. SALUBRE?

Atty. SALUBRE:
Yes, Your Honor.

COURT:
Ready for cross Atty. PRECIA?

Atty. PRECIA:
We respectfully request for deferment of the cross Your Honor?
COURT:
Considering that it was only now that you were able to receive a copy of the Judicial
Affidavit of this WITNESS?

Atty. PRECIA:
Yes, Your Honor.

COURT:
You are now excused MISTER WITNESS. You can leave now. You will have to come
back on JULY 25, 2022, at 8:30 o’clock in the morning.

WITNESS:
Thank you Your Honor.

COURT:
ORDER.