TRIAL FOURTH DEFENSE WITNESS

CLERK OF COURT:
For Trial, Criminal Case ________, People of the Philippines vs.
COURT:
Appearances
PROSECUTOR:
Appearance for the State your Honor, Public Prosecutor Ann Margarette
Paria.
COUNSEL:
For the Defendant, Atty. Dominick Botor, your Honor.
COURT
Who is your Fourth witness Counsel?
COUNSEL:
Our Fourth witness your Honor is the Wife of the Accused, Ms. April Pobar.
COURT
Alright, call her to the witness stand. Swearing of the witness. (Clerk of Court)
CLERK OF COURT
Please raise your right hand. Do you swear to tell the truth, nothing but the
truth before this Honorable Court? So help me God.
WITNESS
Yes your Honor.
CLERK OF COURT
You may now sit. Ms. Pobar, can you state to this Honorable Court your name,
status, occupation, address and other personal circumstances.
WITNESS
(Will be stating his personal circumstances) I am April Pobar, 35 years of age,
Married, (occupation), residing at Brgy. 11, Pasay City, Philippines, I am the
wife of the accused, Rainier Alegre, (Other personal circumstances)
COUNSEL
Your Honor we will be offering the testimony of the witness to testify/prove the
following facts:
1. That the Defendant was at their residence at the time the alleged
crime of Rape occurred;
2. That the witness, Ms. April Pobar caused the execution of the Affidavit
of Witness dated January 3, 2017 marked Exhibit _ and series;
3. And some other related matters.
Thats all your Honor.
COURT
Start with your direct examination.

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DIRECT EXAMINATION

COUNSEL
Ms. Witness, can you state before this Court where you are at around 5 oclock
in the morning of December 07, 2016, the day and exact time the alleged
Rape took place?
WITNESS
Sir, at around 5 oclock in the morning of December 7, 2016, I was at my
residence at Barangay 11, Pasay City.
COUNSEL
Who are you staying with at your residence, if any?
WITNESS

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 Sir, I am staying with my husband and our 2 year old child at our residence in
Brgy 11, Pasay City
COUNSEL
On December 7, 2016 where was your husband, if you know?
WITNESS
Sir he was with me on December 7, 2016.
COUNSEL
What were you doing on such date and place?
WITNESS
Sir, we were sleeping
COUNSEL
What time did you wake up on December 7, 2016?
WITNESS
Sir, I woke up at around 4AM in the morning
COUNSEL
Is that the usual time that you wake up?
WITNESS
Yes Sir, I always set my alarm at 4AM in the morning and wake up at around
that time Sir.
COUNSEL
What do you usually do after waking up in the morning?
WITNESS
Sir, I usually sweep the floor and then freshen up by washing my face then
attend to our child. I also start preparing our family breakfast after doing some
morning exercises.
COUNSEL
On December 7, 2016, was this usual routine followed?
WITNESS
No Sir.
COUNSEL
Could you tell the court why this usual routine was not followed?
WITNESS
Sir, on that day I was feeling sick.
COUNSEL
Sick of what?
WITNESS
I had flu and although I was able to wake up at 4am to sweep the floor and
freshen up, and attend to our child, I felt tired and was not able to prepare
breakfast.
COUNSEL
What happened next, if any?
WITNESS
Sir, I asked my husband, Rainier Alegre, to prepare breakfast for us on that
day
COUNSEL
How did you ask your Husband?
WITNESS
Sir, I forced him to wake up to prepare our meal for that day.
COUNSEL
What happened next, if any?
WITNESS
Sir, Rainier woke at around 5AM in the morning and he immediately prepared
breakfast for us
COUNSEL
Then what happened next?

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WITNESS
We ate our breakfast
COUNSEL
What happened next, if any?
WITNESS
After eating Rainier took a shower before finally leaving for work at the
coconut plantation of Organico Coconut Oil Trading
COUNSEL
What time did Rainier left your residence?
WITNESS
At exactly 6AM Sir.
COUNSEL
On that same day, December 7, 02016, what time did your husband returned?
WITNESS
Sir, Rainier returned home from his work late in the afternoon at around 4PM
as he always do.
COUNSEL
Ms. Witness, do you know of any criminal charge filed against your husband?
WITNESS
Yes Sir. I was informed about a criminal charge filed against my husband for
an alleged Rape of a certain college student.
COUNSEL
When did you know about the criminal charge against your husband?
WITNESS
It was on December 10, 2016 that I learned about the charge
COUNSEL
What happened after you learned about the charge?
WITNESS
Sir, the moment I learned about the charge against my husband I immediately
felt angry and furious because I know the charge is all but a lie. My husband
has always been a caring husband and father. He always tries the best he can
to provide for our family despite our having financial problems. Throughout
our married life, he never raised his hand against me nor spoke or acted
violently towards me or anyone that I know.
COUNSEL
Ms Witness, do you remember executing an affidavit in support to the defence
of the accused against the charging of crime of Rape against him?
WITNESS
Yes sir.
COUNSEL
If shown to you, would you recognize that the document?
WITNESS
Yes sir.
COUNSEL
Ms. Witness, I have here with me a document, an Affidavit executed on
January 3, 2017. Please go over the document.
WITNESS
(Will go over the document)
COUNSEL
Ms Witness, on the 1st page of the document, theres a signature marked as
exhibit __. Do you recognize that signature?
WITNESS
Yes Sir, this is my signature.
COUNSEL

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 So Ms Witness, do you acknowledge that you caused the preparation of this
Affidavit?
WITNESS
Yes Sir.
COUNSEL
No further questions your Honor.

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