Presentation of Direct Testimony (Ex-parte)

I. Entry of Appearance

Lawyer: Good Morning Your Honor, I am Atty. BLAH, appearing for the Plaintiff in Case
No. 18xxxx, Collection for Sum of Money with Damages. We are ready Your Honor.

Judge: What’s your pleasure?

II. Pending Incident

Lawyer: I would like to proceed with the presentation of evidence ex-parte your honor,
on account of the order granting our motion to declare the Defendant in default issued
on Nov. 28, 2018. With your permission.
Judge: Proceed.

III. Presentation/Offer of Testimony

Lawyer: For my first witness, I would like to call on the Plaintiff, . I would like to offer
his testimony to identify and affirm the due execution and contents of:

1. Her Judicial Affidavit dated Jan. 22, 2019.

2. Annexes.

IV. Preliminaries

Clerk: [Oath]

Judge: Your witness.

Lawyer: Kindly state your name and personal circumstances for the record.

Witness: I a housewife and a resident of

_____________________________________________________________.

V. Direct

Lawyer: Do you remember executing a judicial affidavit in relation to this case?

Witness: Yes, ma’am.

Lawyer: If shown to you, will you be able to identify this document?

Witness: Yes, ma’am.

Lawyer: I’m handing you a judicial affidavit, please go over it and tell us the relation of
the judicial affidavit that you just mentioned to this judicial affidavit.

Witness: It’s the same.

Lawyer: On the 5th page of this Judicial affidavit, there is a signature on top of the name
Christian Gopez. Kindly examine it and identify whose signature it is.

Witness: It’s my signature.

Lawyer: Do you affirm the due execution and contents of this affidavit and that you
answered the questions truthfully?

Witness: Yes.

Your Honor, may I request that the Judicial Affidavit and the signature in the last portion
of this Affidavit be marked as our Exhibit A.

Your Honor, we are likewise adopting the JA as the direct testimony of the accused.

Lawyer: Ms. Witness, in your Judicial Affidavit, you mentioned to me several

documents. Would you be able to identify them if shown to you?

Witness: Yes.

Lawyer: On page 2, you made reference to a Complaint. And attached to that Complaint,
is the Verification and Certification dated August28, 2018 stating that you are the
plaintiff in the said case and that you caused the preparation of this Complaint. Can you
go over this Complaint and tell us whether this Complaint is the same complaint that
you are referring to?

Witness: It’s the same.

Lawyer: There is a signature on the lowest portion of this Verification and Certification
over the name. Kindly examine it and identify whose signature it is.

Witness: It’s my signature.

Lawyer: Do you affirm the truthfulness and due execution of this Verification.

Witness: Yes.

Lawyer: I would like to ask, Your Honor for the marking of this evidence as “Exhibit B”
and respectfully request the bracketing and submarking of the signature in this
Verification and Ceritification just identified by the witness as Exhibit “B-1”?

Lawyer: Witness, on page 2 of your Judicial Affidavit, you made reference to a

document entitled Loan Agreement with Right of Possession previously marked as
Annex A on your JA. I am showing you this document, is this the same document you
are referring to?

Witness: Yes

Lawyer: I would like to ask, Your Honor for the marking of this evidence as “Exhibit C”.
Lawyer: Witness, on page 3 of your Judicial Affidavit, you made reference to a
document entitled Statement of Account previously marked as Annex C on your JA. I am
showing you this document, is this the same document you are referring to?

Witness: Yes

Lawyer: I would like to ask, Your Honor for the marking of this evidence as “Exhibit D”.

Lawyer: Witness, on page 3 of your Judicial Affidavit, you made reference to a

document which is a Demand Letter dated February 28 previously marked as Annex C-1
on your JA. I am showing you this document, is this the same document you are
referring to?

Witness: Yes

Lawyer: I would like to ask, Your Honor for the marking of this evidence as “Exhibit E”.

Lawyer: Witness, on page 3 of your Judicial Affidavit, you mentioned an Affidavit of

Service executed by your mother? I am showing you this document, is this the same
document you are referring to?

Witness: Yes

Lawyer: I would like to ask, Your Honor for the marking of this evidence as “Exhibit F”.

Lawyer: Witness, on page 4 of your Judicial Affidavit, you made reference to a

document which is a Final Demand Letter dated June 4,2018 previously marked as
Annex C-2 on your JA. I am showing you this document, is this the same document you
are referring to?

Witness: Yes

Lawyer: I would like to ask, Your Honor for the marking of this evidence as “Exhibit G”.

Lawyer: Witness, on page 4 of your Judicial Affidavit, you mentioned that your mother
personally served to the defendant this Demand Letter evidenced by an Affidavit of
Service executed by your mother. Witness, I am showing you an Affidavit of Service
your mother executed on June 21, 2018, Is this the same document you are referring to?

Witness: Yes

Lawyer: I would like to ask, Your Honor for the marking of this evidence as “Exhibit H”.
Lawyer: Witness, still on page 4 of your Judicial Affidavit, you mentioned a document
Katibayan Upang Makadulog sa Hukuman marked as Annex D.

Witness: Yes

Lawyer: Witness, I am showing you this document, , is this the same document you are
referring to?

Witness: Yes

Lawyer: I would like to ask, Your Honor for the marking of this evidence as “Exhibit I”.

Lawyer: No further questions, your Honor. I have no more witness to present.

V. Closing

Lawyer: With your indulgence, Your Honor, I would like to ask for ten (10) days from
today to file a written formal offer of documentary evidence. After which, I would like to
move for the submission of this case for decision.