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Republic of the Philippines REGIONAL TRIAL COURT 9TH Judicial Region Branch 16 Zamboanga City OoO THE PEOPLE

OF THE PHILIPPINES, Plaintiff, -versus-

CRIM. CASE NO. 22574 - for M U R D E R

NORBIN ARAB HANDING; Alias Boyet,(Det.) ET. AL Accused -----------------------------------------------/

TRANSCRIPT of my stenographic notes taken during the trial of the above entitled case held at Regional Trial Court Branch 16, Zamboanga City, before the Presiding Judge, HON.

JESUS C. CARBON, Jr. on May 10, 2007 at 8:30 a. m. _____________________________________________________________

COURT PERSONNEL Heidi A. Belo, Court Interpreter Teresita S. Barcelona, Court Stenographer _____________________________________________________________ APPEARANCES Trial Pros. Annie Marie Peirreangeli Ledesma for the Prosecution CRIM. CSE NO. 22574 MAY 10, 2007 -2Atty. Cesar Jimenez, Private Prosecutor Atty. Alfredo Jimenez, & Atty. Asbi N. Edding, counsels de parte

CASE CALLED FISCAL LEDESMA For the estate, we are ready. ATTY. JIMENEZ We are likewise ready, Your Honor. We are calling to the witness stand to terminate the direct examination for the cross-examination. COURT (SWEARING THE WITNESS) A. DORMAHAL ALIPY ARAB, 54 years old, married, A Teacher, residing at 124 A Don Toribio St., Tetuan, Zamboanga City. ATTY. JIMENEZ With the kind permission of the Honorable Court. COURT Proceed. ATYY. JIMENEZ: (CONTINUATION OF THE DIRECT-EXAMINATION)

CRIM CASE NO. 22574 MAY 10, 2007 -3-

Q A Q

Madam witness, you said, you are the elder sister of accused, Norbin, correct? Yes. And there is evidence already in Court that this accused Norbin has been staying with you in your residence, will you please tell the Honorable Court since when was he staying with you in your residence, approximately since when, what age was he when he started residing with you?

A Q

Since seven or eight years old. And you are the one who supported him including his education?

A Q

Yes. Now, you also stated that your parents were killed during the bombing of Tictapul?

A Q A

Yes. How old was Norbin at the time when your parents died? He was five.

CRIM CASE NO. 22574 MAY 10, 2007 -4Q So, more or less, aside from being the elder sister of the accused, you substituted as the mother of the accused, correct? A Q Yes. So, being the elder sister and the substitute mother, you have all this time, the occasion to observe the behavior, the attitude and the character of the accused Norbin, correct? A Q Yes. Will you please tell the Honorable in your own words based on your assessment of his character, what kind of a person is accused Norbin Handing Arab? A Q He is a good man, obedient, he listens to advice. Was there ever a time when the accused was ad eth subject of any complaint while he was in school or complaint filed with people authorities or complaint filed with the barangay court or barangay officers? A Q There was none, sir. Do you know whether your brother is familiar with guns?

CRIM CASE NO. 22574 MAY 10, 2007 -5A Maybe thru TVs, magazines, because I know he has that feeling of, he has a nervous due to bombing incident in our place long time ago. Q You mean to say because of that bombing incident where your parents were killed? A Yes sir, and the rest of our family were forced to go up the mountains and several died, living like animals in the mountains and he experienced nervous breakdown because he fell on the cliff when they were looking for foods because they have nothing to eat anymore so, they go hunting with my uncle, he fell to the cliff, he is suffering from nervous breakdown. Q A Q A Do you know whether your brother is brave? I dont think so, he is not. Why? Because since during his childhood days up to this time I cannot say he is brave because there was an incident wherein one of his pet died he even cried. Q What pet?

CRIM CASE NO. 22574 MAY 10, 2007 -6A Love birds, and he cried, I even shout at him, and told him, you are a man, and that is only a bird, he cried, so, I dont think he is brave. Q But there are men also that cried even if he is brave, was your brother had any trouble in school or in the barangay, he being the one who provoked the trouble? A Q A None. Do you believe your brother? I strongly believe him because I know he is a God fearing man and I think, he has no reason to kill that person, there is no motive, and they were also stranger with each other. ATTY JIMENEZ No further question. FISCAL LEDESMA No cross. COURT So, you are excused. ATTY. JIMENEZ Your Honor, Mrs. Dormahal Alip is our last witness, so, we will be resting our case offer our

CRIM CASE NO. 22574 MAY 10, 2007 -7documentary evidence in writing, so that it will appear in writing. COURT So, how many days will you need to offer? ATTY. JIMENEZ Because I will be leaving for Jolo, I will be back tomorrow afternoon. I think, I will try my best to submit it this afternoon. COURT Yes. So, after the accused has presented all its witnesses, accused is given five days within which to offer in writing its evidence. ATTY. JIMENEZ May I move that I be given thirty days from the time I will receive the complete transcript, stenographic notes file Demurrer to Evidence? COURT Yes. So, no need to file written motion for leave of court.

CRIM CASE NO. 22574 MAY 10, 2007 -8The prosecution was also given fifteen days within which to file its comment and/or opposition thereto. Will you present rebuttal witness? FISCAL LEDESMA Yes, Your Honor. COURT Meanwhile, set this case for presentation of rebuttal witness as against accused Norbin Handing Arab. COURT So, what date? FISCAL LEDESMA May 31, and June 1st. ATTY. JIMENEZ We just also ask for days, for sur-rebuttal. COURT Yes. SESSION ADJOURNED _________________________________________________________

CRIM CASE NO. 22574 MAY 10, 2007 -9-

CERTIFICATION I hereby certify that the transcript of the above entitled case consisting of 9 pages including this page is true and correct to the best of my knowledge and belief. Zamboanga City, Philippines, May 14, 2007.

TERESITA S. BARCELONA Court Stenographer III

Republic of the Philippines REGIONAL TRIAL COURT 9TH Judicial Region Branch 16 Zamboanga City OoO THE PEOPLE OF THE PHILIPPINES CRIM. CASE NO. 22574 Plaintiff, versus - for NORBIN ARAB HANDING alias Boyet,(DET.) SPO3 JAIME FERNANDEZ y BANTAYANON (BD) PO3 BRASHIM ABBILANI y ARIPIN (BD) Accused. ---------------------------/ M U R D E R

TRANSCRIPT of my stenographic notes taken during the trial of the above entitled case held at Regional Trial Court, Branch 16, Zamboanga City, before the

Presiding Judge, HON. JESUS C. CARBON, Jr. on May 10, 2007 at 8:30 a. m.

___________________________________________________

COURT PERSONNEL Heidi A. Belo, Court Interpreter Teresita S. Barcelona, Court Stenographer ___________________________________________________

CRIM CASE NO. 22574 APRIL 25, 2007 ------------------------------/ -2-

APPEARANCES

Trial Pros. Annie Marie Peirreangeli Ledesma, for the Prosecution Atty. Cesar Jimenez, Private Prosecutor Atty. Alfredo Jimenez, & Atty. Asbi N. Edding, counsels de parte

CASE CALLED FISCAL LEDESMA Ready for the state, Your Honor ATTY. JIMENEZ Defense ready, Your Honor, we will continue the direct examination of Dormahal Alip. COURT How many witness are you presenting today? ATTY. JIMENEZ

CRIM CASE NO. 22574 APRIL 25, 2007 ------------------------------/ -3Your Honor, one witness, our last witness Dormahal Alip and as far as the policeman is concerned, I will file Leave of Court to file Demurrer, so, I reset my case, as far as accused Arab is concerned, Dormahal Alip will be our last witness, but I dont see my brother, private prosecutor, Atty. Cesar Jimenez. COURT (SWEARING THE WITNESS) A DORMAHAL ALIP y ARAB 54 years old, married, a teacher, residing at 124-A Don Toribio St., Tetuan, Zamboanga City. COURT This is continuation of the direct-examination? ATTY. A. JIMENEZ

CRIM CASE NO. 22574 APRIL 25, 2007 ------------------------------/ -4Yes, Your Honor. Still under the direct-examination, as far as what happened on April 7, 2006, she was able to testify on what happened on April 10, 2006 and thereafter, so, with the kind permission of the Honorable Court. COURT Proceed. ATTY. A. JIMENEZ Q A Q A Q A CONTINUATION OF THE DIRECT-EXAMINATION

On April 10, 2006, which was Monday, what time did you wake up? Around 4:00 oclock in the morning. And what did you do upon waking up? Taking a bath and I performed the prayer as our obligation. Where was your brother the accused, Norbin Arab, after you pray? He was at the other side of the house.

CRIM CASE NO. 22574 APRIL 25, 2007 ------------------------------/ -5Q A Did you notice whether he already woke up also that morning? When I woke up at 4 oclock he was still asleep maybe he was also awake around 6:00 oclock in the morning. Q A Q A Q A Q A Q A Q Were you still in the house? Yes. What were you doing? Preparing in going to school. How about your brother, boy where was he at about 6:00 oclock? He was already downstairs, fixing his motor anfd feeding the love birds. and then, after that, what did you do as far as your brother is concerned? I asked him to buy for our breakfast. Do you know where he will buy? Yes, somewhere here in Pilar Street. How much money did you give him?

CRIM CASE NO. 22574 APRIL 25, 2007 ------------------------------/ -6A I gave him 500.00 for Satti alone because I instructed him to buy three hundred Satti and the two hundred is for marketing. Q A Q A Q A Q A Q A Q Did he buy satti? Yes. What time did he went home? Past 6:00 oclock. When he went home, what happened to the satti? We ate. You took your breakfast? Yes. Who were your companions taking the breakfast? Myself, my two sons, my husband, and Boy. After taking your breakfast, what did Boy do?

CRIM CASE NO. 22574 APRIL 25, 2007 ------------------------------/ -7A While I was eating I gave Boy instruction what to do, to go to the market, I instructed him to prepare his pertinent papers for him to go abroad. Q Now, you said you instructed him to go to the market. To what market did you ask him to go? A Q A Q A Q A Q A Q Just there in Sta. Cruz market. Which is very near to your residence? Yes. So, what time did you leave the house? Around 8:00 oclock in the morning. When you left the house, was Boy there? I did not notice. Where did you go? To the school. About noon time, around on the same day April 10, 2006?

CRIM CASE NO. 22574 APRIL 25, 2007 ------------------------------/ -8A Q A Q A Q A Q A Q A Q A Q A I was in the house. What were you doing in the house? We have visitors, me co-teacher and my sister-in-law Hadja Nina Akmad. Why was your co-teacher in the house? We were together from the school to the house. What happened when you were already in the house about noon time? We took our lunch. After that, what happened? We rested for a while, because we were planning to see a movie at that time. You mean to say to go to the movie house? Yes. While resting, what happened? We were viewing TV. What program? I think, Wowowie.

CRIM CASE NO. 22574 APRIL 25, 2007 ------------------------------/ -9Q A Q A Q A Q A Q A Q A Q A Q What happened while you were viewing this program? While we were sitting at the sala, my driver and my brother, arrived. Driver of what? Of passengers jeep. Whose passengers jeep? Ours. Do you know the name of the driver? Yes. What is the name? Alvin Arab. What is his relation to you? Cousin. What is the name of your brother who arrived together with your cousin? Patri. When two persons arrived, what happened?

CRIM CASE NO. 22574 APRIL 25, 2007 ------------------------------/ -10A Q A Q A I was thinking that there was a problem about the jeep, he said there is problem. Who said that? My brother. Did you ask your brother what the problem is all about? I asked what kind of problem, he said that Boy is a suspect of killing, and I asked my brother who was the victim. Q A Q A What did your brother answer? He said, I do not know anything. What did you do? I said,wgere is Boy now? and he said, he was already at the Central Police Station. Q What did you do when you came to know that Boy is now at the Central Police Station?

CRIM CASE NO. 22574 APRIL 25, 2007 ------------------------------/ -11A Q A Q A Q A Q A Q We rushed to the Central Police Station. When you said we who are your companions? My husband, my sister-in-law our driver and girl friend of Boy. Do you know the name of the girlfriend? Yes. Elvie So, how did you go to the Central Police Station? We rode on our transportation. On the jeep? Yes. So, while on the way from Tetuan your residence, to the Central Police Station, was there any conversation between you and your husband or between you and Elvie?

CRIM CASE NO. 22574 APRIL 25, 2007 ------------------------------/ -12A Yes. I was asking Elvie why is Boyet there in the Central Police Station, who inform you? then she confided already to me. Q A What did she tell you? She was also surprised a little bit worried, because she cannot believe that Boy is suspect of killing, I was asking why was he (Boy) a suspect? Q A Q What did Elvie say to you? She said, I do not know, because during that time they were together. So when you arrived at Central Police Station, what particular place at the police station did you go, you, together with your husband? A Q A At the detention cell. At the ground floor? Yes.

CRIM CASE NO. 22574 APRIL 25, 2007 ------------------------------/ -13Q A Q A And when you arrived at the detention cell, what happened? And I saw Boy was already inside the cell. What did you do? I dont know what to do, there was a feeling of pity, I do not know why he became a suspect, and I kept on asking why, what happened, why are you here. Q A What did he say to you? He said I do not know why I was being pinpointed, so I kept on asking and I asked what happened, who is the investigator, and they said one of the policemen is Samson, and he was upstairs, so I went upstairs. Q So, when you asked who is the investigator, and you were informed one of them is Samson, were you able to find him?

CRIM CASE NO. 22574 APRIL 25, 2007 ------------------------------/ -14A Q A No, according to them he was having a snack. What did you do after that? I went downstairs again waiting for another time and then I went up again asking them then the policeman told me he went home already, he is out of duty. Q A Up to what time did you stay at the Central Police Staion? Until 9:00 in the evening.

You said you finished your lunch already, you were viewing Wowowie TV program, so, you arrived at the police station at 2:00 oclock, where did you go from the Central police Station, you said you were at the police station up to 9:00 oclock in the evening?

CRIM CASE NO. 22574 APRIL 25, 2007 ------------------------------/ A Q A Q A Q A Q A Q A -15Yes. Prior to that I asked Atty. Alamia because she is a family friend. She is a lawyer? Yes. At that time do you where she was connected? Yes, here also. She was working here in Branch 13. Were you able to talk with Atty. Alamia? Yes. By what? Cellphone. What did you talk about? Because I asked Boy to have his paraffin test, she (Atty. Alamia) was asking me if our family have known any lawyer and I said I just know Atty. Edding and she said if we can

CRIM CASE NO. 22574 APRIL 25, 2007 ------------------------------/ -16Contact Atty. Edding will it be OK with me. Q A Q A Q A Q A Q A Q A Q A What did you do after that? So, we contacted Atty. Edding. What happened next after you contacted Atty. Edding? We met at Central Police Station. Did he appear at Central Police Station? Yes. What time? Around 4:00 oclock in the afternoon. What happened when Atty. Edding was already there? We went to CIDG Office. What happened at the CIDG Office? Atty. Edding instructed the CIDG to have paraffin test for Boy. Was paraffin examination conducted? Yes.

CRIM CASE NO. 22574 APRIL 25, 2007 ------------------------------/ -17Q A Q A Q A Q Whereat? At the Central Police Station. You mean the casting was done at the Central Police Station? Yes. Who did the casting? I do not know, I think it was the CIDG. And then, what happened after the casting, what hand was cast, his two hands were cast? A Q A Q I do not know anymore because during that time I was already at home. So, the casting was done about what time? Just that night of April past 9:00 in the evening. You left the police station about 9:00 and when you left, the casting was not yet done or was it done already?

CRIM CASE NO. 22574 APRIL 25, 2007 ------------------------------/ -18A Q A It was already done, sir. So, did you notice what the investigator did with the casting? During the paraffin test I was not around, I was outside having some talk with my co-teacher. Q So, you were at the Central Police Station from 2:00 oclock in the afternoon to 9:00 oclock in the evening? A Q A Q A Q Yes. Now, did you come to know who was killed in this incident? I already asked from them. Do you know the name of the victim? Yes. What is the name of the victim?

CRIM CASE NO. 22574 APRIL 25, 2007 ------------------------------/ -19A Q A Q A His family name is Fabian. Did you come to know who was the father of the victim? Later. When, more or less, how many hours or days after April 10? I came to know already April 10, the victims family name is Fabian, the victim is certain Fabian, the father is Kayle Fabian Q A Q A Q A Q A Did you come to know where Kayle Fabian is staying? Yes. Where? Tumaga Porcentro. Kayle is the only nickname? Yes. So, what did you do after you came to know the father of the victim? I was planning to see him personally.

CRIM CASE NO. 22574 APRIL 25, 2007 ------------------------------/ -20Q A For what? To extend our condolence to the Fabian family and also to tell them that my brother was not the one who did the killing. Q A Q A Q A Q A were you able to do that, telling Kayle that your brother is not the killer? Yes. When was this when you were able to talk to him? That was already after the burial of his son. And where did you talk to him? Just at Tumaga Porcentro. Could you tell the Honorable Court how you were able to meet Kayle? It was thru the initiative of retired Captain Jayari because accordingly this Fabian family and the retired

CRIM CASE NO. 22574 APRIL 25, 2007 ------------------------------/ -21Capt. Jayari, is just a neighbor so, when I met Capt Jayari I asked him if he knows the family of the victim and he said, yes, because they live near our house, he said, this family of Fabian, I know them and he said he knows the father. Q A Who is the father? He said certain Kayle he said this Kayle is in the house when he is here in Zamboanga. Q So, eventually you were able to talk with Kayle here in the house of Capt. Jayari and this happened after the burial? A Q A Q Yes. Were you alone when you went to the house of Capt. Jayari? No. Who were your companions?

CRIM CASE NO. 22574 APRIL 25, 2007 ------------------------------/ -22A Q A Q A Q A Q A Q A My Aunt, my co-teacher and our lawyer. You are referring to Atty. Edding? Yes. When you went to the house of Kayle Fabian, was he alone? No, he was with another man. Do you know the name? No. You talked there in the presence of whom? With Capt. Jayari, I introduced myself to him. How? I said, I am the eldest sister of Boy, and I said my brother has nothing to do with the killing, he was talking to me at that time in Tausug because he knows how to speak Tausug, he was also working with Mayor Abdurajak.

CRIM CASE NO. 22574 APRIL 25, 2007 ------------------------------/ -23Q A So, you talked with him in Tausug? Yes, but I said I could speak Chavacano fluently, it was a mix conversation, Chavacano and Tausug. Q So, you said you are extending your condolence to him for the death of his son and then you said your brother has nothing to do with that killing, what else did you tell him? A I said my brother is innocent of the killing, actually I said during the discussion that happened in front of the store, my brother was not there. Q A What store are you referring, in the place of the incident? Yes, I told him Boy was not there during that time he was not there when the incident happened and prior to the killing and at the time of the killing, and he said, I believe Boy

CRIM CASE NO. 22574 APRIL 25, 2007 ------------------------------/ -24cannot do that and I know Boy he is a very good boy, and then he said, you know, me myself cannot believe that Boy can do that, and he was asking my favor if Boy has the knowledge about the killing. Q A Q A Q A Q A Q He asked you to ask Boy if he has any knowledge about the killing? Yes. So, what did you tell him? I said I talked already with Boy, he was not there during the trouble. That was after the incident already in the store, you are referring? Yes. What was the trouble? I do not know about it, I came to know it only from the people around. And then what happened?

CRIM CASE NO. 22574 APRIL 25, 2007 ------------------------------/ -25A He said it is very important for Boy if he could stand as a witness and I said that Boy could not do that because he has no knowledge about it. Q A What did he say? He said, never mind if he cannot do a favor, anyway Boy is already in court. So, I said, OK, we will see in court na lang. Q A Q So, Mr. Kayle Fabian would like you to ask Boy to be a witness? Yes. He asked favor for Boy to stand as witness if Boy knows who were really the persons responsible for the killing of his son? A Q A Yes. But you said that Boy has no knowledge about it? Yes.

CRIM CASE NO. 22574 APRIL 25, 2007 ------------------------------/ -26Q A Q A Q A Q So, after the conversation, what happened? We left already. Now, do you know a certain Vivian Fabian? Yes. What is her relation to Kayle Fabian? I think, she is the sister. Where were you during the arraignment of your brother Nurbin Arab Handing in this case? A Q A Q A Q A I was here in court. Did you have any occasion to meet this Vivian? Yes. Where did you meet her? Outside the court Where in particular? Just there, outside near the door, somebody telling us, that one is the

CRIM CASE NO. 22574 APRIL 25, 2007 ------------------------------/ -27Sister of Kayle, so, I introduced myself I said, I am the eldest sister of Boy, and then I said my brother is really innocent why is it that he is now in this court room? and then she said, nosabe gayot yo maam, (I do not know maam) because I know who Boy really is, and I know he cannot do iy. Q A What else did she tell you? That is all, I said, how is it even you yourself knows that Boy is innocent and I can even guarantee you that Boy is not the one who did it, she said, what can I do the case is already here in court. Q Aside from being the eldest sister of boy, you have also acted as the mother of Boy? A Yes.

CRIM CASE NO. 22574 APRIL 25, 2007 ------------------------------/ -28COURT It is already quarter to twelve, so, we will have to call this case again tomorrow. FISCAL LEDESMA The next schedule is on May 10. COURT So, considering that it is already quarter to twelve, call this again as previously scheduled on May 10. SESSION ADJOURNED CERTIFICATION I hereby certify that the transcript of the above-entitled case consisting of 28 pages including this page is true and correct to the best of my knowledge and belief. Zamboanga City, May 14, 2007.

TERESITA S. BARCELONA Court Stenographer III

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