PRACTICE COURT 2

DIRECT EXAMINATION OF WITNESS JAMES REID

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. James Reid.
(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: James Reid, businessman, 35 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 he is a member of the 4th year Condominium
Corporation by virtue of his ownership of a unit in the Graduating
Class Tower;
 That he is present during the 4th year Condominium Corporation
Annual General Membership meeting;
 To testify with regard to the matters that transpired on January 4,
2019 Annual General Membership meeting;
 And that there was no quorum in the said meeting.

May I proceed your Honor?

COURT: Proceed.

COUNSEL PLAINTIFF:
Q1: Do you know the complainant in this case?
A1: Yes ma’am. He is my batch mate in high school and a co-member in
the 4th year Condominium Corporation
Q2: How about the defendants?
A2: I do not know them personally ma’am. I just saw them during the 4th
year Condominium Corporation Annual General Meeting held last January
4, 2019 and l, later on, learned that they were elected as officers of the
Board of Trustees of the 4th year Condominium Corporation.

Q3: You said that the complainant is a “co-member in the 4th year
Condominium Corporation”. So, you are also a member of the 4th year
Condominium Corporation?
A3: Yes ma’am.

Q4: How did you become a member of the 4th year Condominium
Corporation?
A4: I bought condominium unit no. 2100 of the Graduating Class Tower
and was issued Condominium Certificate of Title No. 90999. As a unit
owner, I became a member of the 4th year Condominium Corporation,
which is the registered condominium corporation of the Graduating Class
Tower.

Q5: How about the defendants, are they unit owners also of the
Graduating Class Tower?
A5: No ma’am. What I know is that they were only appointed as the
authorized representatives of LLB4 Land Inc.

Q6: Who is LLB4 Land Inc.?

A6: LLB4 Land Inc. is the developer of the Graduating Class Tower. It
became a member of the 4th Year Condominium Corporation on the basis
of its ownership of the 220 unsold units in the Graduating Class Tower.

Q7: You mentioned earlier of the 4th year Condominium Corporation Annual
General Meeting held last January 4, 2019, how did you come to know
about the said meeting?
A7: I received a notice by mail at my home address ma’am.

Q8: If that document is shown to you, will you be able to recognize it?
A8: Yes Ma’am.

Q9: I am showing to you now a notice of the annual general membership

meeting dated December 12, 2018, how is this related to the one you
received?
A9: It is the same ma’am.

Q10: Did you attend the meeting?

A10: Yes ma’am.
Q11: How about the complainant Mr. John Carlo Sacubo, did you see him?
A11: Yes ma’am.

Q12: What happened in the said meeting?

A12: The Corporate Secretary, Ms. Sue Wright declared and certified the
existence of a quorum even though there is no quorum at that time
ma’am.

Q13: Why do you say that there is no quorum during the Annual General
Meeting?
A13: Quorum is determined by the majority of the Corporation’s actual
members. During the Annual General Meeting, only 29 members out of 108
were present, thus there is no quorum ma’am.

Q14: What happened after the corporate secretary declared that there was
a quorum?
A14: Mr. John Carlo Sacubo objected ma’am.

Q15: After expressing his objection, what happened?

A15: His objection was denied by Ms. Merriam Santiago ma’am.

Q16: Who is Ms. Merriam Santiago?

A16: She is the incumbent Chairman of the Board of Trustees at that time
ma’am.

Q17: When his objection was denied, what happened next?

A17: I, Mr. Sacubo and other unit owners/members walked out of the
meeting room ma’am.

Q18: After you walked out, did they still proceed with the meeting?
A18: Yes ma’am.

Q19: What else happened?

A19: I learned that the election of the new members of the Board of
Trustees proceeded and that the individual defendants in this case were
elected as officers of the Board of Trustees ma’am.

Q20: How did you know about the happenings during the annual general
meeting when you said that you walked out?
A20: From the minutes of the annual general meeting ma’am.

Q21: How are you able to see the minutes of the annual general meeting
held last January 4, 2019?
A21: I saw a copy of the minutes of the annual general meeting obtained
by Mr. Sacubo ma’am?
Q22: If that document is shown to you, will you be able to recognize it?
A22: Yes Ma’am.

Q23: I have here with me a copy of the minutes of the Annual General
Meeting held last January 4, 2019, is this the same as the one you are
referring to?
A23: Yes ma’am.

COUNSEL PLAINTIFF: No further questions your Honor