PRACTICE COURT 2

DIRECT EXAMINATION OF WITNESS JUAN SACUBO

PROCEEDINGS
(After the case was called)

COURT: Appearances

COUNSEL-PLAINTIFF: Atty. Que, lead counsel for the plaintiff your Honor.
COUNSEL-DEFENDANT: Atty. Aurelio, for the Defendant your Honor.

COUNSEL-PLAINTIFF: For the Plaintiff, your Honor, we are ready to

present our witness, Mr. Juan Sacubo.
(Witness already on the witness stand)

COURT: Swear the witness

INTERPRETER: Do you swear to tell the truth, the whole truth and nothing
but the truth in this case?
WITNESS: Yes, I do.

INTERPRETER: Please state your name, age and other personal

circumstances.
WITNESS: Juan Sacubo, businessman, 25 years old, Filipino, married and a
resident of Brgy. 27, Laoag City, Ilocos Norte.

COUNSEL-PLAINTIFF: Your Honor, we are presenting the testimony of the

witness for the purpose of proving:
 That a deed of assignment over the condominium unit owned by Mr.
John Carlo Sacubo was executed by him in favor of Mr. Juan Sacubo;
 That the deed of assignment was made as security for the sum of
money owed by Mr. John Carlo Sacubo to Mr. Juan Sacubo;
 That there was no transfer of title or ownership over the
condominium unit;
 That the Deed of Assignment was not registered with the Registry of
Deeds.
  That the Deed of Assignment was subsequently cancelled upon
payment by Mr. John Carlo Sacubo of the sum of money owed to Mr.
Juan Sacubo.

May I proceed your Honor?

COURT: Proceed.

COUNSEL PLAINTIFF:

Q1: How are you related to the complainant Mr. John Carlo Sacubo?
A1: He is my uncle ma’am. My mother and Mr. John Carlo Sacubo are
siblings.

Q2: Do you know about a deed of assignment executed by Mr. John Carlo
Sacubo in favor of you?
A2: Yes ma’am.

Q3: What is that?

A3: It was a deed of assignment of his rights over a condominium unit
ma’am.

Q4: What is the reason why he executed such deed of assignment?

A4: It was intended as security for the sum of money he owed to me
ma’am.

Q5: How much did he owe you?

A5: One million pesos ma’am.

Q6: When did he borrow said amount?

A6: Sometime in 2017 ma’am.

Q7: Did he pay already?

A7: Yes ma’am?

Q8: When?
A8: Sometime in 2018 ma’am.
Q9: Is there any written acknowledgement of the payment made to you?
A9: None ma’am.

Q10: Why did you not execute a written acknowledgement of the

payment?
A10: Since he is my uncle and I trust him, I think there is no need to
execute a written acknowledgement ma’am.

Q11: After the payment, what happened to the deed of assignment?

A11: My uncle and I verbally agreed that the DOA will no longer have any
force and effect ma’am.

Q12: Is the DOA registered with the Registry of Deeds?

A12: No ma’am.

Q13: Is there a transfer of ownership or title over the condominium unit to

you when the DOA was executed?
A13: No ma’am.

Q14: By virtue of the DOA, did you exercise any right over the
condominium unit?
A14: No ma’am since the DOA was only intended as security of the amount
borrowed by my uncle.

Q15: Did you stay or live at the condominium unit?

A15: No ma’am. I have seen it but I never stayed or live there ma’am.

COUNSEL PLAINTIFF: No further questions your Honor.