ARRAIGNMENT

JUDGE: MASUELA VINCENT

CLERK OF COURT:
COURT INTERPRETER:
COURT STENOGRAPHER:
PUBLIC PROSECUTOR:
DEFENSE COUNSEL:
ACCUSED:

PRE-TRIAL CONFERENCE
JUDGE:
CLERK OF COURT:
COURT NTERPRETER:
COURT STENOGRAPHER:
PUBLIC PROSECUTOR:
DEFENSE COUNCEL:

CRIMINAL CASE NO. 6543221 PEOPLE OF THE PHILIPPINES V.S MAFERS

FERRER, EUGENE CADUYAC AND MARK KEVIN TINAGHANAO.

Clerk of Court: All rise! The Court is now in session, silence is hereby
enjoined. Honorable Judge VINCENT MASUELA, presiding. Let’s pray.
Almighty God, we stand in Your Holy Presence as our Supreme Judge.
We humbly beseech You to bless and inspire us so that what we think,
say and do will be in accordance with Your will. Enlighten our minds,
strengthen our spirit and fill our hearts with fraternal love,
wisdom and understanding, so that we can become effective
channels of truth, justice and peace. In our proceedings today, guide us
in the path of righteousness for the fulfillment of Your greater glory.
Amen.
Judge: Court is now in session. (Stamp gavel) (everybody sits down) Call
the cases.

ARRAIGNMENT
Clerk of Court: For arraignment, Criminal Case No. 6543221 People of
the Philippines vs. Mafers Ferrer, Eugene Caduyac, and Mark Kevin
Tinaghanao for violation of Article 226-A paragraph 1 of Republic Act
8353, RAPE.

Judge: Appearances?

PROSECUTOR (ROCO): Good morning, your honor, I am Atty. Novie

Mae S. Roco, appearing as a public prosecutor.

DEFENSE (SECRETARIA): Good morning, your honor, I am Atty. Yolly

Cess Secretaria, defense counsel for the accused.

Judge: Is the accused around?

Defense: Yes, your honor, we have the accused in court.

Judge: how about the private complainant?

Prosecutor: Yes, your honor the complainant is here.

Judge: Alright have the accused come before this court for the reading
of information.

Judge: Has your counsel explain to you what will transpire on today’s
arraignment?

Clerk of Court: Napasabot naba sa inyong abogado ang mahitabo sa

panagtipun karun?

Accused: Oo

Clerk of Court: Yes, your honor

Defense: May we pray your honor that the accused be arraigned in

Cebuano?
Judge: Alright. Let the information be read in Cebuano, the language
known and understand by the accused.

Court Interpreter: Please stand up. (The accused will stand and procced
to the right portion of the room in front of the court).
Criminal case No. 6543221. People of the Philippines vs. Mafers Ferrer,
Eugene Caduyac and Mark Kevin Tinaghanao.
Ang mga AKUSADO nga sila Mafers Ferrer, Eugene Caduyac ug Mark
Kevin Tinaghanao nakabuhat ug krimen nga paglapas sa article 226-A
paragraph 1, sa R.A 8353, RAPE

Niadtung 19th Desyembre sa 2022 alas 11:00 ang takna sa gabei, sa

syudad sa Gingoog Brgy. Malibud, Philippines, sulod niining
hurisdiksyon sa halangdon korte, ang mga ackusadu nga sila Mafers
Ferrer, Eugene Caduyac ug Mark Kevin Tinaghanao .Uban ang dili mayo
nga katuyuan ug uban sa malaw-ay nga mga desinyu ug pinaagi sa
paggamit sa kusog ug pagpanghadlok, kaniadtu ug didtu tinuyo, supak
sa balaod ug mapintas nga nakabaton ug unodnong kahibalo nga
nakipaghilawas sa biktima batok sa iyang kabubut-on.

Supak sa balaod.

Judge: Do you understand the crime charged against you?

Clerk: nakasabot bamo sa krimen nga gipasaka batok kaninyu?
Accused: Oo
Clerk: Yes, your honor.
Clerk: What is your plea?

Accused: Not guilty, your honor.

Clerk: the accused pleaded not guilty your honor.

Judge: In today’s trial, the arraignment of Mafers Ferrer, Eugene

Caduyac and Mark Kevin Tinaghanao (accused) in Criminal Case No.
6543221 is conducted. The information is read to them in Cebuano
known and understood by them. Defense counsel Atty. Yolly Ces
Secretaria assisted the accused. The accused pleaded not guilty for the
crime charged against them.
No objection both for prosecution and defense, Notify the parties
thereto. So, ordered.

PRE-TRIAL SCRIPT

CLERK OF COURT: For Pre-trial conference. Criminal case No. 6543221,

people of the Philippines vs. Mafers Ferrer, Eugene Caduyac and Mark
Kevin Tinaghanao for RAPE, Your Honor.
JUDGE: Appearances!
PROSECUTOR: Prosecutor Novie Mae S. Roco, respectfully appearing
for the people. Ready, Your Honor.
DEFENSE: Atty. Yolly Ces Secretaria, appearing for the accused. Ready,
Your Honor.
JUDGE: alright, is there a possibility of plea bargaining in this case? Is
the accused willing to plea to a lesser offense of sexual assault?
DEFENSE: If the prosecution will agree, Your Honor.
JUDGE: Prosecutor Roco, is the private complainant amenable to the
proposal of the defense for plea to a lower offense of sexual assault?
PROSECUTOR: ( after conferring with the complainant) No, Your Honor.
The prosecution is not going to accept the proposal to plea to a lower
offense of sexual assault.
JUDGE: Alright then, Lets proceed to the theory of the prosecution.
PROSECUTOR: The theory of the prosecution is as stated in the
information, Your Honor.
JUDGE: All right, Any stipulation of facts from the prosecution?
PROSECUTOR: We propose for stipulation the identity of the accused to
be the same person charged and arraigned, You Honor.
PROSECUTOR: We propose that the accused was in Barangay Malibud
Gingoog City, at around 11:00 in the evening.
PROSECUTOR: No other proposals, Your Honor. May we now proceed
to the marking of our documentary exhibits?
JUDGE: Proceed, please, Prosecutor.
PROSECUTOR: We ask then for the marking of the following
documents, Your Honor.
As Exhibit “A” – The Judicial affidavit of Jane, to show and prove that
she was with the accused during the party and the accused had a carnal
knowledge of the victim and they used force and intimidation against
the victim. Consisting of 2 pages to prove the material allegations in the
information.
JUDGE: (To interpreter) Mark, please.
PROSECUTOR: As Exhibit “B” – The medical certificate of the
complainant, to show the fact of the medical assistance given to her.
JUDGE: Mark, please.
PROSECUTOR; As Exhibit “C” – The psychological certificate of the
complainant, to show and prove that the prior incident cause her an
emotional and psychological trauma.
JUDGE - Mark please.
PROSECUTION - as Exhibit “D” - The sworn statement of TRISHIA ANN
DAYO to testify herself as a witness.
JUDGE: Mark, please. How about your physical evidence, Prosecutor?
PROSECUTION - We would like to present as Exhibit “A1” -the knife that
has been used in the commission of crime your Honor.
JUDGE: Mark, please. How about your witnesses, prosecutor?
PROSECUTOR: We have 3 witnesses, Your Honor.
1. JANE SUSON - To testify as a witness on her behalf, as a victim of the
said incident.
2. TRISHIA ANN DAYO- To testify that there was a party in her rest
house and the 3 accused with the victim were present and caught the
victim crying while saw a lot of bruises on her body and the 3 accused
naked laying in the sofa .
3. Dr. NAOMI SILIACAY - To testify and proved the medical certification
of the victim.

JUDGE: How many trial dates will be needed by the prosecution?

PROSECUTOR: We need 3 trial date, Your Honor.
JUDGE: All right, give the prosecution 1 trial date.
INTERPRETER: December 3, 4, and 5, 2022 at 8:00 o’clock in the
morning, Your Honor.
PROSECUTOR: No other matters for the prosecution, Your Honor.
JUDGE: All right, how about the defense, what is its theory?
DEFENSE: Denial, Your Honor.
JUDGE: How about proposals for stipulation, if any?
DEFENSE: None, Your Honor.
JUDGE: How about your documentary evidence?
DEFENSE: None, Your Honor.
JUDGE; How about your witnesses, Atty. Secretaria?
DEFENSE: We will present the 3 accused and we need 3 trial dates, Your
Honor.
JUDGE: (to interpreter) Give the defense 3 trial dates.
INTERPRETER: Jan. 17,18 and 19, 2023, all at 8:00 o’clock in the
morning, Your Honor.
DEFENSE: No, other matters for the defense, Your Honor.
JUDGE: All right, the court will now issue the order. (Judge dictates the
pre-trial order to the stenographer).
Order
The pre-trial conference in this case was conducted and terminated.
The required pre-trial order will be issued by the court in a separate
order based on the proceedings conducted. SO, ORDERED.
JUDGE: (To clerk of court) Next case.
Clerk of court: No other cases, Your Honor.
JUDGE: (Rises and pounds the gavel) Session adjourned!
SHERIFF: All rise! (Judge exits to his chamber)

TRIAL PROPER

CLERK OF COURT: All rise. Let us remain standing and join in praying
for the prayer.
PRAYER: Almighty God, we stand on your presence as our supreme
judge, we humbly beset you to bless and inspire us so that what we
think, say and do will in accordance with your will. Enlightened our
minds, strengthen our spirits and fill our hearts with fraternal love,
justice and peace in our proceedings today, guide us in the path of
righteousness for Your fulfillment of Your greater glory.
WITNESS, the Honorable judge, VINCENT MASUELA presiding. Silence
is hereby enjoined.

JUDGE: (stamp the gavel) Sit. Call the cases.

CLERK OF COURT: Criminal case No. 6543221 people of the Philippines

vs Mafers Ferrer, Eugene Caduyac and Mark Kevin Tinaghanao for
RAPE under Article 226-A Paragraph 1 of RPC for the presentation of
evidence by the Prosecution.
JUDGGE: Appearances?

PROSECUTION: Entering my appearance for the State, Your Honor. We

are ready to present our witness, JANE SUSON.

DEFENSE: Entering my appearance as counsel for the accused, Your

Honor.

JUDGE: Okay, present your witness

PROSECUTION: I am presenting to the witness stand the witness, Your

Honor.

JUDGE: Swear the witness.

INTERPRETER: Raise your right hand. Do you swear to tell the truth,
the whole truth and nothing but the truth so helps me God.

WITNESS: I do.

INTERPRETER: The witness is ready Your Honor.

JUDGE: Prosecution counsel your witness is now ready.

PROSECUTION: With the kind permission of the Honorable court, we
are offering the testimony of the witness Your Honor to prove the
material allegations in the criminal information; to identify the
perpetrators and likewise to identify some documents namely
affidavit she executed in relation to this case and to testify on other
matters relative thereto, Your Honor.

JUDGE: Any comment defense counsel to the offer?

DEFENSE: We reserve our right to conduct cross-examine, You Honor.

JUDGE: You may now proceed.

PROSECUTION: Miss witness can you please state your name and your
other personal circumstances?

WITNESS: I am, JANE SUSON, Single, a 4th year student of Gingoog

City Colleges and currently living in Brgy. 24-A Gingoog City. ( Ako si,
JANE SUSON, single, usa ka 4th year student sa Gingoog City Colleges
ug naga puyo sa Brgy. 24-A Gingoog City.)

PROSECUTION: Okay Miss witness, Where were you on the night of

December 19, 2022?
WITNESS: I am with my best friend rest house. ( Naa ko sa rest house
sa akong best friend)

PROSECUTION: What are you doing on your best friend rest house?

WITNESS: My best friend TRISHIA ANN DAYO invited me on her 20th

birthday party to be held in brgy. Malibud Gingoog city. (Ge imbitar
koa sa akung best friend nga si TRISHIA ANN DAYO sa iyang ika 20th
birthday nga ipahigayon sa Brgy. Malibud Gingoog City.)

PROSECUTION: What time when you arrived on her rest house? And
what did you do then?

WITNESS: I arrived at 5 o’clock in the evening and my other friends

greeted me and also my best friend. She gives me then a glass of
alcohol to drink and offer some foods to eat. We were having a good
time when suddenly her cousins arrived. My best friend introduced
them to us, and she told us if it was okay if they’ll join with us. Then
we party and dance, after a while Mafers one of the cousins of
TRISHIA told us to play a game so that we will enjoy the night.( Niabot
ko mga alas 5:00 sa gabii ug akong ubang mga barkada nangumusta
kanako ug ilabi na akong suod nga barkada. Gihatagan ko niya og usa
ka baso nga alkohol aron imnon ug gitanyag ang pipila ka mga
pagkaon. Naglingaw-lingaw mi kalit nga niabot iyang mga ig-agaw.
Gipaila-ila sila sa akong suod nga barkada kanamo, ug gisultihan niya
kami kung okay ra kung moapil sila kanamo. Unya nag party party mia
ug sayaw sayaw, pagkataudtaod giingnan mi ni Mafers usa sa mga ig-
agaw ni TRISHIA nga magduwa daw mi para malingaw mi sa gabii.)

PROSECUTION: What happened next miss witness?

WITNESS: After we had a game, some of our friends left and go home.
The only person left in the party was ME, MAFERS, EUGENE, MARK,
TRISHIA, and her boyfriend GENSKIE. Then GENSKIE told me that they
will go outside for a minute because they’ll talk for something. As will
us TRISHIA promised me that she will come back quickly. (Human sa
among dula, ang uban namo nga mga higala mibiya ug mipauli. Ang
nahabilin sa party mao AKO, MAFERS, EUGENE, MARK, TRISHIA, ug
iyang uyab nga si GENSKIE. Unya giingnan ko ni GENSKIE nga mugawas
sa sila kadiyot ni TRISHIA kay magstorya sila. Mo uli na unta koa pero
nag ingon si TRISHIA saako nga mubalik sya kadal, huwatan sa daw
nako siyai.)

PROSECUTION: After your best friend left you what did you do?

WITNESS: Nag lingkod ko sa bangko samtang gahuwat sa ila, taud2

nanghid ko ni Mafers nga muoli nako ug giignan nako siya nag paignan
nlng si TRISHIA. Niduol dayun sa ako si Mark samtang nag hawid sa
baso daw iyang gitunol nko, ug niingun siya nga last nlng nga shat kay
muoliay na daw ko. Ela koa ge pugos ug painom miskan dili nako pero
Ako nlng pud gi inum kay para maka uli na dayun ko. Natingala koa
nganu lain ug lami, Taud2 pag tindug nako nalipong ko ug nag tuyok
akong panan-aw gialalayan dayun ko ni Mafers ug iya kung
gipalingkod balik, dayun sa amoang atubangan naa sila MARK ug
EUGENE nag stroya storya dayun nadungan nako nga kato diay sa
gehatag ni Mark naay gebutang nga drugs, kalit dayun koa ni tindog
ug nasuko tungod sa akoa na dungan, dayun ge pakalma koa ni
MAFERS, Samtang nag lain akong ginhawa kay nag labad akoa ulo
gihalokhalokan ko ni Mafers ug kalit, daw ako siyang gilaparo ug
getulod sa bangko. Wala koa katuo nga eya toa mabuhat kay abi nako
ug bayot siya.

PROSECUTION: What was the reaction of Mafers after you slaped

him?
DEFENSE: Objection your honor irrelevant. It does not tend to prove
the fact in issue.
Judge: Overruled

PROSECUTION: What then happened next if any?

Witness: dali dali dayun koa ug tindog para mo uli ug gihawiran dayun
kalit ni Mark akong bukton samtang si Eugene gi tulod ko pabalik sa
lingkuranan gusto koa mo dagan pero nag tutok si EUGENE ug
kotselyo sa akung likod. Nag dumili ko ug ako silang giignan nga
buhian ko nila. Apan kalit gesumbag ni MARK akung kuto kuto ug ge
kumot ni MAFERS akung buhok ug giguyod koa pabalik sa among ge
inoman dayun gepahigda koa nila sa lamisa ug ge hawidan akong
duha ka kamot ni Caduyac ug gehawidan pud ni MARK akung tiil
dayun ge halok halokan koa ni MAFERS, ako gesipa si Tinaghanao kay
gusto koa mo dagan pero embis mo alingkawas na unta koa
genahadlok koa ni EUGENE ug kutselyo nga patyon daw ko niya kung
mo lihok pako
PROSECUTION: Can you described to this Honorable Court the knife
that are you talking about?

WITNESS: gamay siya nga kutselyo mapilo- pilo siya , mura siyag
icepeak itom ug silver ang color.

PROSECUTION: After they threat you, what did they do to you.

WITNESS: gi tambunan nila akong baba samatng gahilak ko ug

nagpakalooy nila nga eh undang na. Pero mura na silag gepang
yawaan, ge gesi ni Mafers akung Sanina ug gehubo ni Mark akoang
Karsones dayun Gehubo pud ni Mafers akung Bra, perte nakung hilak
ug kahadlok gusto koa mang laban pero genabantaan koa nila nga
patyon daw koa nila kung mag sabaay ko.
PROSECUTION: After they undress you what they do next?
Witness: Nag hubo pud dayun si MAFERS saiyang pantalon ug nag
hubo pud sila EUGENE ug MARK SAILANG MGA SANINAG
PROSECUTION: And after that?
Witness: MAFERS was forcing hes penis inside my vagina. (Gipugos
niya iyang lagay pag pasulod sa akung bilat)
PROSECUTION: What did you feel when he inserted his penis?
Witness: I shouted loudly and cried because of the pain that I felt
during that time. (Nisinggit kog kusog ug nihilak tungod sa kasakit nga
akong gibati niadtong panahona.)
PROSECUTION: What happened next?
witness: He started his thrusting movements ma'am (gesugdan dayun
niya ang pag kiyod kiyod sa akoa ma'am)
PROSECUTION: For how long did accused perform this thrusting
movements?
Witness: For quite some time, ma'am. (Taudtaod pud ma'am)
PROSECUTION: After that what happened?
INTERPRETER: Human ato, unsay sunod nahitabo?
Witness: pagkahuman gisulod ni Mafers ang iyang Lagay, gipulihan ni
Eugene si Mafers, ug siya ang sunod nga nisulod ug Lagay sa akong
kinatawo ug mao ra usab ang mga lihok sa kiyod samtang gipislit-pislit
ni Mark ang akong tutoy. Wala pa makontento si Mafers, gipugos ko
niyag kaon sa iyang Lagay. Human gisulod ni Eugene ang iyang Lagay
kanako, gipulihan ni Mark si Eugene ug gisulod ang iyang Lagay sa
akong kinatawo. Naghilak ko sa panahon nga gipugos ko nila, pero
wala koy mahimo kay tulo (3) sila ug kusgan. Sige silag suntok nako
pag singgit nako. Ug naa pud silay kutsilyo ato nga panahon, nag
ampo nalang koa sa Ginoo nga unta mabuhi lang ko kay kalit lang
wala koy nabati ug nawad-an kog panimuot.

INTERPRETER: after Mafers inserted his Penis, Eugene replaced

Mafers, and he was the next one who inserted a penis into my vagina
and do the same thrusting movements while Mark squeezed my
boobs. Mafers not yet contented with that, he also forced me to suck
his dick. After Eugene inserted his penis to me, Mark replaced Eugene
and inserted his penis into my vagina. I cried during the time that they
forced me, but I couldn’t do anything because there were three (3) of
them and they were strong. They keep punching me when I shouted.
And they have also a knife During that time, I just prayed to God that
hopefully I would survive and be alive because suddenly I didn’t feel
anything and I lost consciousness.

PROSECUTION: Now, Ms. SUSON, if those accused is inside the

courtroom, will you please point at them?
INTERPRETER:
WITNESS: It was them ( TUDLUON) the three men with yellow shirts
sitting behind the Defense Counsel. (Kana sila ang tulo ka mga lalaki
nga adunay yellow nga mga sanina nga naglingkod sa luyo sa Defense
Counsel.)
INTERPRETER: Witness is pointing to those man wearing an inmate
uniforms. Could those man rise and state their names.
Accuseds: I am MAFERS FERRER your honor, I am MARK KEVIN
TINAGHNAO you honor, and I am EUGENE CADUYAC your honor.

PROSECUTION: That’s all Your Honor.

JUDGE: Defense counsel would you like to cross-examine the witness?

DEFENSE: Yes Your Honor.

JUDGE; Proceed
DEFENSE; Ms. Witness you said you had a drinking speer, how many
bottles of alcohol did you Finish?
INTERPRETER:
WITNESS; (Kapin o kulang 12 ka botelyang beer)
INTERPRETER: More or less 12 bottles of beer.
DEFENSE; so you were wasted at that time ms. Witness?
INTERPRETER:
WITNESS; (Dili sir, kay makahinumdom pa ko sa nahitabo niadtong
panahona.)
INTERPRETER: No sir, because i can still recall what happened during
that time.
Defense; If you can still recalled, what is this game that you played
that will enjoyed the night?
INTERPRETER:
Witness; ( Mao kini ang truth or dare)
INTERPRETER: It was a truth or dare sir
Defense: If we said truth or dare there must be a consequence when
you will lose the game, have you lose?
INTERPRETER:
Witness: Yes sir
INTERPRETER:
Defense: How many times?
INTERPRETER:
Witness: three times sir
INTERPRETER
Witness: Then what is your consequences?
INTERPRETER
Witness: Ge shat nako ang usa ka baso nga puno ug ilimnon dayun i
lick Mark's body
INTERPRETER:
Defense; I see, have you enjoyed licking Mark's body?
INTERPRETER:
Witness: Wala sir, dula rato siya dili lang koa maka balibad kay miskan
pag mo dili koa mag mahay man sila ug mainlm gyapon nako ang shot
nga puno.
INTERPRETER:
Defense; Ms. Witness you testified earlier that it was 11 in the
evening when the incident is happened, is that correct?
INTERPRETER:
Witness; Yes sir
INTERPRETER:
Defense; You mentioned that the incident happened in the room
where the drinking speer happened, is there any objects which
provide illumination in the room?
INTERPRETER:
Witness; Naay suga pero dili kaayu kusog ang siga, disco light lang.
Witness; Ah so the light is not so bright, therefore how can you be
certain that they are the one who raped you?
INTERPRETER:
PROSECUTION; Objection your honor, Argumentative
Judge; Objection overruled, Ms. Witness please answer.
Witness; (Kay sila raman ang akung uban ato nga panahon ug wala
nay lain pa)
INTERPRETER: because they are the only persons with me at that
time and also through their built and features
Defense; So, in short Ms. witness you just made the assumption that
it was those accused who raped you on the basis of integration and
through their body built?
INTERPRETER:
Witness; No Sir, dili lang tungod sa amoang pang sabay kung dili ela
kung ge pugos ug gehinadlok koa nila pamaagi sa pag gamit sailang
kusog ug hinagiban
INTERPRETER:
DEFENSE; but you said that you have a headache during that
time.How are you sure that they forced you to have sex?
INTERPRETER
PROSECUTION: Objection
Judge: The objection is overruled it's a perfectly fair question.
Witness: nag labad raman akoa ulo tungod atong last shat nga
gehatag ni mark sa akoa nga nadungan nako nga ingun sila na naay
drugs gebutang.
INTERPRETER:
Defense: How far Mark and Eugene to you?
INTERPRETER
Witness: not so far sir maybe 3 steps
INTERPRETER
Defense: is there any background music during that time?
INTERPRETER
Witness: Yes sir
INTERPRETER
Defense: then how come that you heard what they are talking-to
when they are 3 steps from you and also the venue was to loud?
INTERPRETER
Witness: they talk to loud sir
INTERPRETER
Defense: I see, That all your honor.
INTERPRETER
Judge: The Prosecutor would like to redirect?
Prosecutor: No your honor.
Judge: Ms. Witness you can go back to your sit.
Judge: Any more witness from the prosecutor?
Prosecutor: No your honor
Judge: Defense Counsel, are you ready to present your witnesses this
afternoon?