counsel, alam mo nagsisinungaling. Sinungaling e. So if I were the defense counsel,“Your Honor, I move for the inspection of the wound inflicted on his body.” Ok, so stand up remove your shirt. It was removed. When did this happen? 1 month ago or 2 months ago. Tinanggal yung shirt. Let me the scar. Nary a scar. So you are really… sanay ka magsinungaling ha. So this is… “I move for the dismissal!” It’s not true!Many are cases of Rape. Sa Criminal malimit ito, but this is not limited to criminal cases. Thealleged victim of Rape was testifying in open court. “on the night of April 5 2000, while I was sleeping in my little room, all of a sudden, I felt the hand going thru my body going through mybody from up up, down down down… (laughing). And so I was awakened by the coldness of the hand. And so when I woke up, I run across the room and he run after me. So we had a running contest inside the room. Untilhe caught up with me and did the bastardly act. Halimbawa ganon yung testimony, “your honor, I move for the ocular inspection for the situs of the crime, let us see where it happened”.And so everybody visited the room and they found out, the room measured 1x2meters (laughing). How can you commit rape there? If ever, it was with consent (laughing). You cannot even do that lying down.You can only do that standing. So with this ocular inspection, you resolve matters. I have one case in Paranaque where I also asked for inspection, ito yung kaso ng kliyente ko na nagaway tungkol sa tubig sa subdivision sa may Paranaque. Sabi ng kalabannamin, Opponent: “nawawalan kame ng tubig, ninanakaw yung tubig namin sa kabila.” Judge: Saan ninanakaw yung tubig? Opponent: Dun sa taas (tangke), sini syphon (tap) papunta sa kanila. So ayun, finile-an namin ng kaso. When he testified and I crossed examine him, nag testifyyung defendant, Opponent: “totoo ho. Ninanakaw yung tubig namin” Sir: sabi ko, “when did you build your house there? When you build your house there, was the house of the plaintiff already adjacent to you?” Yes daw. Page3
RULES 24-29REM 1 BRONDIALSir: So dinikit mo yon?Kasi nag testify siya, “we have a common wall”. Sir: Sabi ko, “how thick is the common wall?”, sabi niya, “about this”. I took a ruler, “so this isabout 1 foot?” no less than 1 foot tapos common wall? (di makapaniwala). Unang una mali nayan sa building code, you cannot use the wall of your neighbor as your own wall. Pwede mo idikit pero mag wawall ka din. Pagkatapos tiniktikan daw yung wall tapos pinadaan yung hose then siniphon (tap). This isimpossible and I moved for ocular inspection. Sabi ng kalaban ko it would be useless, this happened 1 or two years ago, siyempre kinoveran na nila. Sabi ko naman, kahit kinoveran, makikita natin kung saan ba kinoveran. But the judge denied my motion, sabi niya no need, there are already enough evidence. But im reiterating my motion, sabi ngjudge, “when the time comes, we will go if it appears to be necessary, so tuloy ang hearing.