1 PRACTICE COURT 1: CRIMINAL CASE TRIAL SCRIPT REMINDERS: TRIAL DATES: MARCH 22, 2014 VENUE: MOOT COURT, LAW BUILDING TIME: 8:30AM; BE ON TIME! COURT ATTIRE PREPARE THE ROOM AHEAD OF TIME SCRIPT PROPER 8:30 am COURT DEPUTY: All rise! -Prayer: COURT DEPUTY: You may take your sit. JUDGE: Call the case please. COURT DEPUTY: Moot Court Criminal Case No. 01: DANILO REYES VS. MILAGROS REYES. JUDGE: Appearances please. PROS. ABBIE MEDINA, appearing for the Republic PROS. JONEL DALIMAG, appearing for the Republic, we are ready your honor. ATTY. AYRA LAVADIA, appearing for the accused. ATTY. ANGELO, appearing for the accused, we are ready your honor. JUDGE: Prosecution, call your witness. PROS:Your Honor, may we call on our lone witness whom is also the private complainant in this case, Mr.DANILO REYES. (Witness will go to the witness stand) COURT DEPUTY: (Administer the oath of the witness) Kindly stand up sir. Raise your right hand. Do you swear to tell the truth, the whole truth and nothing but the truth to this case, Sir? WITNESS: I do. COURT DEPUTY: May I get your name please. WITNESS: DANILO REYES COURT DEPUTY: Your address sir? WITNESS: 75, Hansen St. East Tapinac, Olongapo City COURT DEPUTY: Status. WITNESS: Married to Milagros and we have three children. PROS: Your Honor, we are offerthe testimony of Mr.DANILO REYES, the private complainant in this case to prove the following: that he is legally married to MILAGROS REYES, that he is the absolute owner of the property located at 117 Hansen St. East Tapinac, Olongapo City covered by Transfer Certificate Title no. T7250; that the original Owner’s Duplicate copy of such title is in his possession and has never been lost or missing; and that MILAGROS REYES executed an affidavit of loss over such title knowing very well that such title was not lost or missing. JUDGE: proceed with your examination. DIRECT EXAMINATION
QUESTION: Mr. Witness, When were you married to Milagros Reyes? ANSWER: April 29, 1973 Sir. Q: Mr. Witness, Do you remember executing an affidavit of complaint against a certain Milagros Reyes? A: Yes Sir. Q: If shown to you the affidavit of complaint, will be able to identify it? A: Yes Sir. Q: I am showing to an affidavit of complaint consisting of 2 pages and dated January 3, 2013. Kindly go over it and tell this court its relevance to this case. A: Sir, this is the affidavit I have executed and the signature in the second page is my signature. PROS: Your honor, may we request that the affidavit identified by the witness be mark as our EXHIBIT A and the SIGNATURE above the name DANILO REYES be marked as EXHIBIT A-1. JUDGE: Mark. COURT DEPUTY (Kunwari marks the document.) Q: What is your relationship with Milagros Reyes, the named accused in your affidavit complaint? A: Sir, she is my wife. Q: Is she in this courtroom? A: Yes Sir Q: Can you point, for purposes of identification of the accused, to that Milagros Reyes who is in this courtroom? A: Yes sir. (Witness will point at Milagros Reyes) PROS: at this juncture your honor, for the record, that the accused in this case is positively identified by the private complainant. JUDGE: Noted. Q: Mr. Witness, what property do you own and possess, if any? A: Sir, I own a house and lot, located at 117 Hansen St. East Tapinac, Olongapo City. Q: the lot consists of how many square meters? A: 466 square meters sir. Q: What proof do you have in your possession, that you own such property located at 117 Hansen St. East Tapinac, Olongapo City? A: Sir, the Original Owner’s Duplicate Copy of Transfer Certificate of Title no. 7250, sir. Q: When was that issued to you? A: It was issued to me on February 12, 1985, sir. Q: I shown to you the Transfer certificate of Title no 7250, will be able to identify it? A: Yes Sir. Q: I am showing to you a Transfer Certificate of Title no. 7250. Kindly go over it and this this court its relevance to this case. A: Sir, this the Transfer Certificate of Title no 7250 which covers my property. PROS: Your Honor, may we request that the Transfer certificate if title nom 7250, identified by the witness be marked as our EXHIBIT B. JUDGE: Mark. COURT DEPUTY (kunwari, marks the document) Q: Mr. Witness, since your marriage to Milagros Reyes, what happened to the Transfer Certificate of Title no. 7250, if any?
2 A: Sir, the Transfer certificate of Title was kept in my possession and custody. Q: Did you authorize any person to do anything with your property conered by TCT no 7250? A: Sir, I did not authorize any person, including my wife, to do anything with my property covered by TCT 7250 without my knowledge and written consent. Q: Did you authorize any person to declare the loss of TCT 7250 which overs your property? A: No sir, because the TCT 7250 is in my possession and custody. Q: What did Milagros Reyes do, if any, with regard to TCT no. 7250 which is in your possession? A: Sir, Milagros Reyes, executed an Affidavit of Loss alleging that TCT no 7250 was lost or missing. Q: If shown to you tha Affidavit of Loss executed by your wife Milagros Reyes, will you be able to identify it? A: Yes Sir. Q: I am showing to you and Affidavit of Loss signed by Milagros Reyes. Kindly go over it an tell this court its relevance to this case. A: Sir, this is the Affidavit of Loss that Milagros Reyes executed in which she declared that TCT no. 7250 is lost or missing. Q: Did Milagros Reyes know that the alleged missing Transfer Certificate of Title is in your possession? A: Yes sir. PROS: Your Honor, may we request that the Affidavit of Loss executed by Milagros Reyes be marked as our EXHIBIT C and the Signature above the name MILAGROS REYES be marked as EXHIBIT C-1 and the NAME and SIGNATURE of the Notary public as our EXHIBIT C-2, your honor. JUDGE: Mark. COURT DEPUTY: (kunwari marks the document)
REYES be identified as our EXHIBIT D-1, your honor. JUDGE: Mark. COURT DEPUTY: (Kunwari marks the document presented.) PROS: No more questions your honor. JUDGE: Cross? COUNSEL FOR THE ACCUSED: Yes YourHonor. JUDGE: Proceed CROSS-EXAMINATION: Q: A: Q: A: Q: A: COUNSEL: That would be all for the cross YourHonor. COURT: Redirect? PROS: ______ COURT: Proceed. RE-DIRECT Q: A: Q: A: Q: A: PROS: No more questions your honor. COURT. Recross? COUNSEL: ______. COURT: (To Witness): You are excused Mr. Witness. OFFER OF EVIDENCE by PROSECUTION ORDER of the COURT/JUDGE
Q: What did you do, if any, after learning that Milagros Reyes executed an Affidavit declaring TCT no 7250 which is in your possession lost and missing? A: Sir, I executed an Affidavit to give notice that any one who claims the alleged loss of the transfer certificate of Title of my property is unauthorized and illegal and to support my Complaint for Perjury against MILAGROS REYES. Q: What did MILAGROS do, if any, after you filed a Complaint for Perjury against her? A: Sir, she executed a COUNTER-AFFIDAVIT denying my allegations against her. Q: If shown to you the Counter-Affidavit executed by Milagros Reyes, will you be able to identify it? A: Yes Sir. Q: I am showing to you a one page counter Affidavit dated January 31, 2013. Kindly go over it and tell us its relevance in this case. A: Sir, this is the Counter Affidavit executed by Milagros Reyes refuting the allegations in the Complaint for Perjury against her. PROS: Your Honor, may I request that the Counter-Affidavit be marked as our EXHIBIT D, and the SIGNATURE above the name MILAGROS
PRESENTATION OF THE ACCUED AS WITNESS JUDGE: Counsels for Defendant, is your witness ready? COUNSEL: Yes YourHonor. JUDGE: Call you witness COUNSEL: Your Honor, may we call on MrsMILAGROS REYES, the accused in this case, to the witness stand. (Witness will go to the witness stand) COURT DEPUTY: (Administer the oath of the witness) Kindly stand up ma’am. Raise your right hand. Do you swear to tell the truth, the whole truth and nothing but the truth to this case, ma’m? WITNESS: I do COURT DEPUTY: May I have your name. WITNESS: MILAGROS REYES. COURT DEPUTY: Your status. WITNESS; I am legally married to DANILO REYES and we have three children. COURT DEPUTY: Your permanent address. WITNESS: I am residing at 117 Hansen St. East Tapinac, Olongapo City. JUDGE: Counsel, proceed with your examination.
3 COUNSEL: Your honor we are here to offer the testimony of the accused to prove the following A.)She did not act with malice in executing the affidavit of loss on October 11, 2011 and B.)That this perjury case is a mere leverage to the criminal complaint that the accused filed on December 7,2012 against the complainant for concubinage.
DIRECT EXAMINATION The witness for the defense is the accused herself, Mrs. Milagros Reyes Q: Miss witness, how are you related to Danilo C. Reyes ? A: Danilo Reyes is my lawful husband. Q: Since when have you been married? A Since April 27,1973 sir. Q: During your marriage were you able to acquire certain properties? A: Yes sir, our Family home Located at 117 Hansen St. Olongapo, City Q: Do you have a copy of the said title of the property? A: No sir, the title was lost in my files. Q: What did you do when you found out that the title was missing? A: I asked my husband regarding the whereabouts of the missing title but he denied of having it. Q: What did you after asking your husband ? A: I consulted a lawyer, and after consultation, I executed an affidavit of loss dated October 18, 2011 stating the truth and fact of the loss. Q: What is your purpose in executing the affidavit of loss? A: In order for the register of deeds of Olongapo to issue another copy of the owner’s duplicate copy of the Transfer certificate of title. Q: If shown to you the affidavit of loss will you be able to identify it? A: Yes Sir.
Q: During your marriage did you encounter any problem or differences as a married couple? A: Yes sir, my husband had an affair with a certain Josefina Austerio Q: After you found out what did you do? A: I filed a complaint for concubinage on Dec. 7,2012. Q: If shown to you a copy of the complaint, will you be able to identify it? A: Yes Sir. Q: I am showing to you a copy of the complaint consisting of and dated December 7, 2012. Kindly go over it and tell this court its relevance to this case. A: Sir, this is the complaint that I have filed against my husband for concubinage and the signature in the page is my signature. PROS: Your honor, may we request that the affidavit identified by the witness be mark as our EXHIBIT 2 and the SIGNATURE above the name DANILO REYES be marked as EXHIBIT 2-B. No further questions your honor. COUNSEL: No More questions Your Honor. JUDGE: Cross? PROS: Yes, YourHonor. JUDGE: Go ahead. CROSS EXAMINATION Q: A: Q: A: PROS: No more questions your Honor. JUDGE: Re-Direct? COUNSEL: _______ 1 JUDGE: Ms. Witness, you are excused. OFFER OF EVIDENCE BY THE DEFENSE
Q: I am showing to you an affidavit of loss dated October 18 2011. Kindly go over it and tell this court its relevance to this case. A: Sir, this is the affidavit of loss I have executed last October 18,2011 and the signature in the first page is my signature. Counsel: Your honor, may we request that the affidavit of loss identified by the witness be mark as our EXHIBIT 1 and the SIGNATURE above the name Milagros REYES be marked as EXHIBIT 1-A.
ORDER of the COURT/JUDGE CLOSING ARGUMENTS PROMULGATION OF JUDGMENT.
END OF TRIAL/END OF PRACTICE COURT 1.
