Vous êtes sur la page 1sur 4

Interpreter: All rise. The court is now in session.

Judge Q: Do you affirm and confirm that the contents of your


___________ presiding. Please be seated. Judicial Affidavit are all true and correct based on your
personal knowledge?
Judge: Good afternoon ladies and gentlemen. Calling
the case of People of the Philippines versus Katherine A: Yes Sir.
Mae Cambel for Qualified Theft. Appearances.
Prosecutor: May we ask the Court, Your Honor, to cause
Prosecutor: Appearing for the State Your Honor. We are the marking of this Judicial Affidavit as exhibit A.
ready.
Judge: Noted.
Defense Counsel: For the Defense Your Honor, we are
ready. Prosecutor: Miss Witness, what type of business are you
engaged to?
Judge: The prosecution may now call its first witness. A: I am engaged in selling devices sir.

Interpreter: Calling first witness, Miss. Bai Sora Q: Are you present in your store or establishment on
Lumanog. the 14th day of February?
A: Yes Sir.
Interpreter: Please raise your right hand. Do you swear
to tell the truth and nothing but the truth? Q: Are you the last person who left your store?
A: No sir. q: how can you be sure about
Witness 1 (Bai Sora): I do. that ??
a: because as i leave the
Q: What did you do before leaving yourplace,
store?
i left my keys to
PROSECUTOR DIRECT EXAMINATION A: I left the keys to my saleslady sir. katherine
q: as katherin you mean?
Prosecutor: The testimony of the witness is offered to Q: Why did you left the keys to her? a:katherin campbell atty
prove that he executed a judicial affidavit which will A: Because I trusted her sir and so that she can open the
q: is she here right now?? may
take place of her direct testimony the facts is actually store early in the morning the next day.u point him out to us
incurring on February 14, 2017 and she will also testify
pros :Your Honor, may the
as to all relevant matters. Q: Is there any unusual happening the next day?
record reflect that the witness
A: yes sir.defense: objection you honor leading pointed to the accused as the
Prosecutor: Miss Lumanog, could you remember having katherin campbell she was
court: sustain , repharse prosevutor referring to earlier.
executed an affidavit relative to this case? Q: What happened?
miss bai, may you tell the court whathappen in feb 15
A: some of the items in my store are missing sir.
2017
Ans (Bai): Yes Sir.
Q: Can you enumerate to us what are the items missing
Question: I have here a judicial affidavit consisting of on the next day?
two pages, please take a look at this and please tell us if A: three FUJITSU life book all valued at P80,000; 2 64GB
is this the one you executed? Apple IPhone 5 all valued at P35,000; and 2 Nikon D750
24.3 Megapixel Camera all valued at P40,000.
Ans: This is the one Sir.
Q: Who is the last person in your store on the day that
Q: Below the affidavit, there is a signature above the the items were missing?
name of Bai Sora Lumanog, is that your signature? A: my saleslady sir, Katherine.

A: yes, it is mine sir. Q: Have you instructed your saleslady to make any
deliveries on the night of February 14? pros: what was your last
objection you honor leading instruction to katherine
Q: Are the contents in this judicial affidavit explained to A: No, Sir. defense:
court: sustain , repharse prosevutor during that day?
you in a language you understand?? A: it was only to make
Q: Did the accused reported to work onsure theto close the shop
day that
q: anything else?
A: Yes sir you discovered the items were missing? a: to turn off the lights....
A: No sir. nothing more
defense: objection you honor leading
court: sustain , repharse prosevutor

pros: what happen on feb 15 2017?? can you reiterate


before us the cirstances on that morning??
Prosecutor: Thank you Your Honor, I have no further
questions. Prosecutor: May we ask the Court, Your Honor, to cause
the marking of this Judicial Affidavit as exhibit A.
Judge: Does the Defense Counsel have any question to
the witness? Prosecutor: what is your occupation miss witness?
A: I am a saleslady sir.
Defense Counsel: I have no questions Your Honor.
Q: Where are you working?
Judge: okay, witness is excused. The Prosecution may A: in Rizal St., Sir, at Quidet Enterprises adjacent to BS
call on the next witness. Enterprises.

*Next witness (yollaine, proceed to witness stand)* Q: Did you reported to work on the day 14th day of
February?
Interpreter: Please raise your right hand. Do you swear A: Yes Sir.
to tell the truth and nothing but the truth?
Q: Up until what time are you usually getting off your
Witness 2 (Yollaine): I do. work?
A: we close at 6 pm sir, but I usually sty for a longer to
DIRECT EXAMINATION OF WITNESS BY PROSCUTOR clean. I usually get off my work at 8 pm.

Prosecutor: The testimony of the witness is offered to Q: On that day did you get off your work at 8pm in the
prove that she executed a judicial affidavit which will evening?
take place of her direct testimony the facts is actually A: Yes sir.
incurring on the night of February 14, 2017 and she will
also testify as to all relevant matters. Q: Where did you usually go after your work?
A: home sir.
Prosecutor: Miss Galias, could you remember having
executed an affidavit relative to this case? Q: Where did you usually pass through when you are
going home?
Ans.: Yes Sir. A: I am usually passing through BS enterprise Sir going
to the (sakayan? Ugh basta kana)
Question: I have here a judicial affidavit consisting of
two pages, please take a look at this and please tell us if Q: When you pass through BS Enterprise is it already
is this the one you executed? close?
A: yes sir.
Ans: This is the one Sir.
Q: have you seen the saleslady from the said
Q: Below the affidavit, there is a signature above the establishment?
name of Yollaine Concepcion Galias, is that your A: yes sir.
signature?
Q: what is she doing?
A: yes, it is mine sir. A: she is hailing a taxi sir.

Q: Are the contents in this judicial affidavit explained to Q: what is she bringing during that time?
you in a language you understand?? A: A bulky pack bag sir.

A: Yes sir Q: did you get the chance to talk to her?


A: yes sir.
Q: Do you affirm and confirm that the contents of your
Judicial Affidavit are all true and correct based on your Q: what did you tell her?
personal knowledge? A: I ask her where is she going.

A: Yes Sir. Q: what did she said?


A: she said she is going to make some deliveries sir. testimony. The judicial affidavit is offered in
Prosecutor: Thank you Your Honor, I have no further order to deny or rebut any charges or
questions. accusation against her by private complainant
Bai Sora Lumanog and what transpired on
Judge: does the defense counsel wish to question February 14, 2017.
witness.
Defense Counsel: Miss Cambel, could you remember
Defense Counsel: yes Your Honor having executed an affidavit relative to this case?
Ans.: Yes Maam.
CROSS EXAMINATION
Question: I have here a judicial affidavit consisting of
Defense Counsel: miss witness, you said that when you two pages, please take a look at this and please tell us if
passed by BS Merchandise you said it was already close, is this the one you executed?
correct? Ans: This is the one Sir.
A: yes sir.
Q: Below the affidavit, there is a signature above the
Q: Did you saw Miss Cambel took any items from said name of Katherine Mae Cambel, is that your signature?
establishment during that night? A: yes, it is mine sir.
A: No sir.
Q: Are the contents in this judicial affidavit explained to
Q: Okay, so when you saw her that night you got the you in a language you understand??
chance to talk to her, correct? A: Yes sir
A: Yes sir.
Q: Do you affirm and confirm that the contents of your
Q: Did she, by chance specify that she will make Judicial Affidavit are all true and correct based on your
deliveries ordered by Miss Lumanog? personal knowledge?
A: No sir. A: Yes Sir.

Q: Did she tell you that she will be making a delivery of Defense Counsel: May we ask the Court, Your Honor, to
the items sold in BS Enterprise? cause the marking of this Judicial Affidavit as exhibit C.
A: No sir.
DC: What is your occupation?
Q: Have you seen her hold those missing items that Ans: I am a saleslady at BS Merchandising
night?
A: No sir. Q: Did you work on Feb. 14 2017?
Ans: Yes maam
Defense Counsel: I have no further questions Your
Honor. Q: What transpired that night?
A: As my employer prepared to leave, she left me the
Judge: Okay the witness is excused. keys to the store. And so after I finished all my work I
locked the store as what my employer told me to do.
Judge: The defense may now call its witness.
Q: After you closed the store what happened next?
Interpreter: Please raise your right hand. Do you swear A: I delivered some items that I sold online. Since I am
to tell the truth and nothing but the truth? running late I decided to hail a taxi.

Witness 3 (Kat): I do. Q: Have you met a certain Yollaine Galias that night?
A: yes maam. We got go talk to each other before I
DIRECT EXMINATION rode the taxi.

Defense Counsel: The testimony of the witness is Q: What did you talk about?
offered to prove that he executed a judicial A: she asked where was I going and so I told her that I
affidavit which will take place of her direct would make some deliveries.
A: Yes sir
Q: Did you tell Miss Galias what items are you gonna
deliver? Q: Did you bother to inform your employer the reason
A: No sir. why you cant work on that day?
Defense Counsel: Okay that all for the defense. A: No sir. I wasnt able to.

Judge: Mr. Prosecutor do you wish to cross examine the Q: Did you bother to go back to uour work after you
accused? recovered from your sickness?
Prosecutor: Yes, Your Honor. A: No sir.

CROSS EXAMINATION Q: Could you state the reason why you did not bother
to go back there?
Q: Do you know Miss Lumanog? A: because everyone is already suspecting that I was the
A: Yes sir. She is my employer one who stole the missing items.

Q: How many years have you been working with her? Prosecutor. I have no further question.
A: Almost 5 years sir. Judge: Any other matters?

Q: On the 14th of February, Miss Lumanog left the keys P and DC: Nothing more your honor.
to you, correct?
A: yes sir.

Q: Does she usually left the keys to you?


A: Yes sir

Q: Why is that so?


A: since I am in charge in closing and opening the store.

Q: So on that night you closed the store like you always


do?
A: Yes sir

Q: As stated in your judicial affidavit, you said that you


delivered some items that you sell on your online shop,
correct?
A: yes sir

Q: could you please enumerate to us what are the items


that you delivered to your customer during that night?
A: 4 lipsticks, 2 dresses and a pair of shoes sir.

Q: okay so all that items make your back pack bulky that
night?
A: yes sir.

Q: So on the 15th of February, the day Miss Lumanog


discovered that some items are missing on her store,
you werent able to work on that day?
A: Yes sir.

Q: as stated in your judicial affidavit, you said that you


suffered a terrible stomachache thus preventing you
from going to work on that day, correct?

Vous aimerez peut-être aussi