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SCRIPT PROPER PROS: Your honor, may we request that the affidavit identified by the witness
be mark as our EXHIBIT A and the SIGNATURE
COURT DEPUTY: All rise! above the name DANILO REYES be marked as
-Prayer: EXHIBIT A-1.
COURT DEPUTY: You may take your sit. JUDGE: Mark.
JUDGE: Call the case please. COURT DEPUTY (Kunwari marks the document.)
COURT DEPUTY: Moot Court Criminal Case No. 01: JUSTIN B. BER VS.
SELEN A. GOMEZ. Q: Do you know Selen A. Gomez?
JUDGE: Appearances please. A: Yes sir. She was bank manager of the RBC Cebu City and she manage
my bank accounts
Good morning your honor I’ am PROS. NICO L Q: Is she in this courtroom?
SULLANO, appearing for the counsel of the A: Yes Sir
prosecution Q: Can you point, for purposes of identification of the accused, to that Selen
, we are ready your honor. A. Gomez who is in this courtroom?
A: Yes sir. (Witness will point at Selen A. Gomez)
ATTY. AYRA LAVADIA, appearing for the accused.
ATTY. ANGELO, appearing for the accused, we are PROS: at this juncture your honor, for the record, that the accused in this case
ready your honor. is positively identified by the private complainant.
JUDGE: Noted.
JUDGE: Prosecution, call your witness.
PROS: YourHonor, may we call on our lone witness whom is also the Q: Mr. Witness, Could you please tell the court what occurred on February 23,
private complainant in this case, JUSTIN B. BER 2018 at about 4 o clock in the afternoon ?
(Witness will go to the witness stand) A: Sir, I had meeting with my co-investor and after the meeting I saw
accused was waiting outside my office
COURT DEPUTY: (Administer the oath of the witness) Q: Then what happened next ?
Kindly stand up sir. Raise your right hand. Do you A: the accused approached me and talk about my bank accounts
swear to tell the truth, the whole truth and nothing but Q: what did the accused did after?
the truth to this case, Sir? A: she said to me that she opened a fictious bank account Centurytex
WITNESS 1: I do.
COURT DEPUTY: May I get your name please. Q: what is your response hearing this?
WITNESS 1: JUSTIN B BER
COURT DEPUTY: Your address sir? A: I was shocked and confused because I didn’t remember I opened an
WITNESS: DOWNSVIEW NIVEL HILLS, BUSAY CEBU CITY account
COURT DEPUTY: Status. Q: What was the next thing did the accused do?
WITNESS: MARRIED A: she try to bribe me by offering me Php 20 million just to close the
account
OR Q: Could you please tell what did Ms Selen A. Gomez exactly told you?
A: she said sir tulungan mo ako. May 20 million dito. I can give it to you
COURT DEPUTY: Please state your name, age, civil status and other basta i-close mo lang yung account.
personal circumstances Q: I am showing to you an account transactions in RCBC which was named
WITNESS: MY NAME JUSTIN B BER, 47, married, resident of to you . Kindly go over it and tell this court its
Downsview Nivel Hills Busay, Cebu City AND I AM relevance to this case.
Businessman A: Sir, this is not my account and this was the account which the accused
opened .
PROS: The witness is ready your Honor
JUDGE: Proceed PROS: Your Honor, may we request that the copy of the accounts
PROS: Yes, your Honor. The purpose of presenting this witness is to identified by the witness be marked as our EXHIBIT B.
prove the allegations in the information and other relevant matters JUDGE: Mark.
JUDGE: proceed with your examination. COURT DEPUTY (kunwari, marks the document)

Q: Mr. Witness, upon knowing the fictious account what did you do?
DIRECT EXAMINATION A: I went to the NBI Cebu and ask help for the authencity of the
QUESTION: MS. Witness, You said a while ago that you are a businessman? transactions.
ANSWER: yes Sir. I am a businessman Q: what is proved that you went to the NBI for the authencity of the accounts?
Q: what kind of business do you have? A: Sir, I have a NBI certificate which proved the authencity of the accounts.
A: a lending corporation Q: I am showing to you an NBI authencity certificate. Kindly go over it an tell
Q: For how long do you engaged with this business? this court its relevance to this case.
A: for almost 15 years A: Sir, this is certificate that was issued to me by Mr.Jackie
Q: Mr. Witness, Do you remember executing an affidavit of complaint against Q: Did Milagros Reyes know that the alleged missing Transfer Certificate of
a certain Selen A. Gomez? Title is in your possession?
A: Yes Sir. A: Yes sir.
Q: If shown to you the affidavit of complaint, will you be able to identify it?
A: Yes Sir. PROS: Your Honor, may we request that the Affidavit of Loss executed by
Q: I am showing to an affidavit of complaint consisting of 2 pages and dated Milagros Reyes be marked as our EXHIBIT C and the
July 28,, 2018. Kindly go over it and tell this court its Signature above the name MILAGROS REYES be
relevance to this case. marked as EXHIBIT C-1 and the NAME and
A: Sir, this is the affidavit I have executed and the signature in the second SIGNATURE of the Notary public as our EXHIBIT C-
page is my signature. 2, your honor.
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JUDGE: Mark. COUNSEL: Yes YourHonor.
COURT DEPUTY: (kunwari marks the document) JUDGE: Call you witness
COUNSEL: Your Honor, may we call on MrsMILAGROS REYES, the
Q: What did you do, if any, after learning that Milagros Reyes executed an accused in this case, to the witness stand.
Affidavit declaring TCT no 7250 which is in your (Witness will go to the witness stand)
possession lost and missing? COURT DEPUTY: (Administer the oath of the witness)
A: Sir, I executed an Affidavit to give notice that any one who claims the Kindly stand up ma’am. Raise your right hand. Do you
alleged loss of the transfer certificate of Title of my swear to tell the truth, the whole truth and nothing but
property is unauthorized and illegal and to support my the truth to this case, ma’m?
Complaint for Perjury against MILAGROS REYES. WITNESS: I do
Q: What did MILAGROS do, if any, after you filed a Complaint for Perjury COURT DEPUTY: May I have your name.
against her? WITNESS: MILAGROS REYES.
A: Sir, she executed a COUNTER-AFFIDAVIT denying my allegations COURT DEPUTY: Your status.
against her. WITNESS; I am legally married to DANILO REYES and we have three
Q: If shown to you the Counter-Affidavit executed by Milagros Reyes, will children.
you be able to identify it? COURT DEPUTY: Your permanent address.
A: Yes Sir. WITNESS: I am residing at 117 Hansen St. East Tapinac, Olongapo City.
Q: I am showing to you a one page counter Affidavit dated January 31, 2013.
Kindly go over it and tell us its relevance in this case. JUDGE: Counsel, proceed with your examination.
A: Sir, this is the Counter Affidavit executed by Milagros Reyes refuting the COUNSEL: Your honor we are here to offer the testimony of the accused
allegations in the Complaint for Perjury against her. to prove the following

PROS: Your Honor, may I request that the Counter-Affidavit be marked as A.)She did not act with malice in executing the affidavit of loss on
our EXHIBIT D, and the SIGNATURE above the October 11, 2011 and
name MILAGROS REYES be identified as our
EXHIBIT D-1, your honor. B.)That this perjury case is a mere leverage to the criminal complaint
JUDGE: Mark. that the accused filed on December 7,2012 against the complainant for
COURT DEPUTY: (Kunwari marks the document presented.) concubinage.

PROS: No more questions your honor.

JUDGE: Cross? DIRECT EXAMINATION
COUNSEL FOR THE ACCUSED: Yes YourHonor. The witness for the defense is the accused herself, Mrs. Milagros Reyes
JUDGE: Proceed
Q: Miss witness, how are you related to Danilo C. Reyes ?
CROSS-EXAMINATION: A: Danilo Reyes is my lawful husband.
Q:
Q: Since when have you been married?
A: A Since April 27,1973 sir.
Q:
A: Q: During your marriage were you able to acquire certain properties?
Q: A: Yes sir, our Family home Located at 117 Hansen St. Olongapo, City
A:
Q: Do you have a copy of the said title of the property?
A: No sir, the title was lost in my files.
COUNSEL: That would be all for the cross YourHonor.
COURT: Redirect? Q: What did you do when you found out that the title was missing?
PROS: ______ A: I asked my husband regarding the whereabouts of the missing title but
COURT: Proceed. he denied of having it.

RE-DIRECT Q: What did you after asking your husband ?

A: I consulted a lawyer, and after consultation, I executed an affidavit of
Q:
loss dated October 18, 2011 stating the truth and fact of the loss.
A:
Q: Q: What is your purpose in executing the affidavit of loss?
A: A: In order for the register of deeds of Olongapo to issue another copy of
Q: the owner’s duplicate copy of the Transfer certificate of title.
A:
Q: If shown to you the affidavit of loss will you be able to identify it?
PROS: No more questions your honor. A: Yes Sir.
COURT. Recross?
COUNSEL: ______.
Q: I am showing to you an affidavit of loss dated October 18 2011. Kindly go
COURT: (To Witness): You are excused Mr. Witness. over it and tell this court its relevance to this case.
A: Sir, this is the affidavit of loss I have executed last October 18,2011
OFFER OF EVIDENCE by PROSECUTION and the signature in the first page is my signature.

ORDER of the COURT/JUDGE Counsel: Your honor, may we request that the affidavit of loss identified by
the witness be mark as our EXHIBIT 1 and the
PRESENTATION OF THE ACCUED AS WITNESS SIGNATURE above the name Milagros REYES be
marked as EXHIBIT 1-A.
JUDGE: Counsels for Defendant, is your witness ready?
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Q: During your marriage did you encounter any problem or differences as a
married couple?
A: Yes sir, my husband had an affair with a certain Josefina Austerio

Q: After you found out what did you do?

A: I filed a complaint for concubinage on Dec. 7,2012.

Q: If shown to you a copy of the complaint, will you be able to identify it?
A: Yes Sir.

Q: I am showing to you a copy of the complaint consisting of and dated

December 7, 2012. Kindly go over it and tell this court
its relevance to this case.
A: Sir, this is the complaint that I have filed against my husband for
concubinage and the signature in the page is my
signature.
PROS: Your honor, may we request that the affidavit identified by the witness
be mark as our EXHIBIT 2 and the SIGNATURE
above the name DANILO REYES be marked as
EXHIBIT 2-B.

No further questions your honor.

COUNSEL: No More questions Your Honor.

JUDGE: Cross?
PROS: Yes, YourHonor.
JUDGE: Go ahead.

CROSS EXAMINATION
Q:
A:
Q:
A:

PROS: No more questions your Honor.

JUDGE: Re-Direct?
COUNSEL: _______
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JUDGE: Ms. Witness, you are excused.

OFFER OF EVIDENCE BY THE DEFENSE

ORDER of the COURT/JUDGE

CLOSING ARGUMENTS

PROMULGATION OF JUDGMENT.

END OF TRIAL/END OF PRACTICE COURT 1.