FISCAL Good morning, Your Honor, respectfully

appearing for the State.

ATTY.: As private prosecutor, Your Honor. Good

morning.

ATTY.: Respectfully appearing as counsel for the

accused. We are ready to present our
witness, Your Honor.

COURT: Call on witness

INTERPRETER: (Swearing the witness.) DO YOU SWEAR TO

TELL THE TRUTH, THE WHOLE TRUTH
AND NOTHING BUT THE TRUTH IN THIS
PROCEEDING?

WITNESS: Yes, Maam.

INTERPRETER: Please sit down and kindly state your name,

address and other personal circumstances.
The witness is:. The witness is ready, Your
Honor.

DIRECT EXAMINATION

ATTY.: The witness, Your Honor is the accused

himself. His testimony is offered to prove that
he is innocent to the herein accusations; that
in the operation of the truck on the incident, he
exercised extra-ordinary diligence; that the
incident resulted due to the force employed by
the security guard assigned in the Capitol
Parish; that the vehicle was stuck in the
entrance gate of the Capitol Parish.

COURT: (to Atty.) Are those stated in the affidavit? Just

simplify your offer.

ATTY.: The witness testimony is being offered to

deny the criminal allegations. He will also
identify his Judicial Affidavit in lieu of his
testimony. May I proceed, Your Honor.

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COURT: (to Atty. ) Any objection to the offer?

ATTY.: No objection, Your Honor.

ATTY.: Mr. Witness, are you the accused

A: Yes, Sir.

Q: In connection with this case, can you recall

having executed a Judicial Affidavit?

A: Yes.

Q: If this Judicial Affidavit will be presented to

you, will you be able to identify it?

A: Yes.

ATTY.: Showing to you this Judicial Affidavit.

COURT: Consisting of how many pages?

ATTY.: Ten (10) pages, Your Honor, already attached

to the record of this case but without yet page
number. Mr. Witness, kindly go over this and
tell the Court if this is the Judicial Affidavit you
executed.

WITNESS: This is the Judicial Affidavit I made.

Q: On page 9, there is a signature on top of the

name. Whose signature is that?

A: Thats my signature.

Q: Before you signed this affidavit, were you able

to read it?

A: Yes, Ive read it.

Q: Did you understand the contents of this

affidavit?

A: Yes.

Q: Do you affirm and confirm the truthfulness of

all the statements you made in this Judicial
Affidavit?
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 A: Yes.

ATTY.: That would be all for this witness, Your Honor.

COURT: No documentary evidence?

ATTY.: None, Your Honor.

COURT: Cross examination.

ATTY.: Yes, Your Honor. May I proceed, Your Honor?

COURT: Your witness, proceed.

CROSS EXAMINATION

ATTY.: Mr. Witness, is there anything that you wish to

add to your Judicial Affidavit?

A: Nothing.

Q: So, you dont think that you left out any

important thing that could have been
mentioned in your affidavit?

A: Yes.

Q: Mr. Witness, do you affirm that you were

brought to the Cebu City Police Station right
after the incident?

A: We went to the CITOM Office.

Q: And that was shortly after the incident?

A: After the incident, same night.

Q: At that time when you arrived at the police

station, no relative of the victim came to the
police station that night?

A: Not that I know of.

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