ATTEMPTED INFANTICIDE

CROSS EXAMINE BY ATTY. MARIA TO (LYCA K. DIGWAPA)

2.
QUESTION:
ATTY. MARIA: You stated that the man revealed himself to be Mark Jondel Itomon by
removing his turban. Can you explain why you didn’t immediately recognize him before he
removed the turban?
LYCA:
Because his face was partially covered by the turban and he was wearing a jacket, making it hard
to identify him until he got closer and removed the covering.

3.
QUESTION:
ATTY. MARIA: You mentioned that the accused began crying and blaming you for his life
problems. Can you recall any specific words or tone he used that might clarify his intentions at
that moment?
LYCA:
He was very emotional and angry. He kept saying, “This is all your fault!” and blamed me for
ruining his life. His tone was a mix of frustration and desperation.

4.
QUESTION:
ATTY. MARIA: When the accused allegedly threatened to kill your child, how did he
communicate this to you? Was it a direct statement, or did you infer this from his actions?
LYCA:
He directly said, “I will kill your child! This is my revenge on you!” He also pointed the gun at
my baby, so it was very clear what his intentions were.
5.
QUESTION:
ATTY. MARIA: You stated that the accused pulled the trigger of the gun but it did not fire.
Were you able to observe any specific malfunction or hear any sound that might indicate a
problem with the gun?
LYCA:
I heard a clicking sound every time he pulled the trigger, but the gun didn’t fire. I think it might
have been jammed or unloaded.

6.
QUESTION:
ATTY. MARIA: When you screamed for help, you said a man intervened to help. Can you
describe this man’s actions in more detail and how long it took for him to approach the accused?
LYCA:
He was nearby and quickly ran to us when he heard me screaming. He grabbed the accused and
tried to take the gun away from him.

7.
QUESTION:
ATTY. MARIA: You mentioned that neighbors arrived and helped restrain the accused. How
many neighbors were involved, and did they witness the alleged events leading up to their
intervention?
LYCA:
Two men helped initially, and later a few more neighbors joined in. I don’t know if they saw
everything, but they came after hearing my screams.

8.
QUESTION:
ATTY. MARIA: You said the police translated your statements into English. Were there any
parts of your original statement that you believe may have been misunderstood or inaccurately
translated?
LYCA:
No, I don’t think so. They explained the translation to me before I signed the affidavit, and it
seemed accurate.

9.
QUESTION:
ATTY. MARIA: Why did you sign an affidavit written in English if you are not entirely fluent in
it? Were you given the opportunity to have it reviewed by someone who could verify its
accuracy?
LYCA:
The police assured me that it was translated correctly from my statements, and they were in a
hurry to file the case. I trusted them, so I signed it.

10.
QUESTION:
ATTY. MARIA: You stated that the accused has been blaming you for his downfall. Can you
explain if there were prior incidents or communications from him that would support this claim?
LYCA:
Yes, he had sent me text messages before, saying he was struggling because of our breakup and
that he was using drugs to cope.

11.
QUESTION:
ATTY. MARIA: You described being in fear for your child’s life when the accused allegedly
pointed a gun at her. How did you ensure your child’s safety throughout this encounter?
LYCA:
I held my baby close to me and tried to shield her with my body. I kept pleading with him to
have mercy on her.

12.
QUESTION:
ATTY. MARIA: You mentioned asking for forgiveness to de-escalate the situation. Can you
elaborate on why you felt apologizing was the appropriate response if you believed the accused
posed an immediate threat?
LYCA:
I thought apologizing might calm him down and stop him from doing anything worse. I was
desperate to protect my baby and felt that saying sorry might make him less angry.

13. ATTY. MARIA: NO MORE QUESTIONS YOUR HONOR

1.
Attorney Maria: Mark, on September 29, 2024, were you at Lyca’s house at any point during
the day?
Mark:
No, I was not at Lyca’s house on that day. I was at work at Carbon Public Market during the
morning hours.

2.
Attorney Maria: If you were not at Lyca’s house, can you explain where you were and what
you were doing during the time in question?
Mark:
I was working as a porter at Carbon Public Market, carrying boxes of bananas and delivering
them to customers. I was there until around 10:00 a.m.

3.
Attorney Maria: Lyca claims you visited her house that day. Can you think of any reason why
she might say this?
Mark:
I don't know why she would say that. I have not been to her house, and there is no reason for me
to visit her. Our relationship ended a long time ago, and I am happy with my life now.

4.
Attorney Maria: Are you aware of any evidence, such as witnesses or surveillance, that could
confirm you were not at Lyca’s house on the morning of September 29, 2024?
Mark:
Yes, there is CCTV footage at Carbon Public Market showing I was there working during that
time, and my co-worker, Carlo Manindahay, can confirm this as well.

5.
Attorney Maria: Did anyone contact you or accuse you of being at Lyca’s house on that day
before this complaint was filed?
Mark:
No, no one contacted me or accused me of being at Lyca’s house before this complaint was filed.
I only learned about this accusation after the complaint was made.

6.
Attorney Maria: You stated in your affidavit that you did not visit Lyca’s house. How confident
are you in remembering your actions that morning?
Mark:
I am very confident. I was working and with Carlo the entire morning. There’s no way I would
have gone to Lyca’s house. I remember the details clearly.

7.
Attorney Maria: Have you ever been to Lyca’s house recently or at any time before this
incident? If so, when was the last time?
Mark:
No, I have not been to her house in a long time. Our relationship ended some time ago, and since
then, I have not had any reason to visit her.

8.
Attorney Maria: Can you describe your relationship with Lyca leading up to this case? Were
there any conflicts or issues that could explain why she filed this complaint?
Mark:
My relationship with Lyca ended amicably a while ago. There were no major conflicts, and I am
happy in my life now. I don’t understand why she would file this complaint.

9.
Attorney Maria: Do you have any records, like work logs or messages, that can support your
claim that you were not at Lyca’s house at the alleged time?
Mark:
Yes, I have work logs and can also provide testimony from my co-worker, Carlo, who was with
me during the entire morning. The CCTV footage from Carbon Public Market would also
support my claim.

10.
Attorney Maria: Did you speak with anyone, such as your coworkers or your partner, about
your whereabouts on the day of the alleged incident?
Mark:
Yes, I spoke with Carlo, who can confirm I was with him working at Carbon Public Market. I
also discussed the incident with my partner, and she knows I was at work that morning.

11.
Attorney Maria: You mentioned CCTV footage from Carbon Public Market. Can you explain
how this footage confirms your whereabouts during the time Lyca claims you were at her house?
Mark:
The CCTV footage from Carbon Public Market shows me working and carrying boxes of
bananas at 7:30 a.m., which is during the time Lyca claims I was at her house. This footage
should confirm I was at work and not at her house.

12.
Attorney Maria: Is there anything else you would like the court to know about your alleged
presence at Lyca’s house or this complaint?
Mark:
I would like to make it clear that I have no reason to visit Lyca. I was working that day, and I
have evidence and witnesses to prove my alibi. I ask the court to consider this information and
dismiss the accusations.

ATTY. MARIA: As of now, I have no more questions to ask, do you still wish to
state more?
Mark: No more, except if there are still questions.
ATTY. MARIA: That's all your honor.