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SCRIPT

(Initial Trial for Probate)

J: Your witness counsel


P: Your Honor, may we call to the witness stand the our witness Ricky
A. dela Cruz.

(Swearing in of the witness)

P: Your Honor, with the kind permission of the Honorable Court, the
testimony of the witness is being offered to prove that That on
December 2, 2015 in the City of Iligan, the Deceased, ARTEMIS MEOW
UY executed a notarial LAST WILL AND TESTAMENT whose due
execution was witnessed by the AFFIANT; that he was one of the
witnesses personally asked by the testator to be a witness thereof? May
the counsel proceed Your Honor?

J: Proceed.
P: Mr. Ricky A. Dela Cruz. Are you the same Ricky A. Dela Cruz who
is one of the witnesses in the notarial will executed by Artemis Meow
Uy?
W: Yes
P: Do you know the deceased-testator personally?
W: Yes
P: Can you state the circumstances of your relationship with the
testator?
W: I know the testator since 1994 when he used to be my officemate at
DMC Corporation, Iligan City. Since then, he and I, along with our
families have been closely acquainted. We are constantly in personal
contact with each other up until his recent demise; I am his sons
wedding godfather and he is also a godfather of my son in Baptism way
back in 2007.

P: Have you executed a Judicial Affidavit for this case?


W: Yes
P: If the same is shown to you, will you be able to identify it?
W: Yes
P: Your Honor, may I approach the witness?
J: Approach
P: Showing to you this Judicial Affidavit. (show JA) Is this the same
Judicial Affidavit you were referring to?
W: Yes
P: On page 4 of this Judicial Affidavit, affixed therein is a signature of
one Ricky A. Dela Cruz, can you confirm to the Court that this is your
signature?
W: Yes
P: On the same page of this Judicial Affidavit is the signature of one
Atty. Supremo Dalisay Jr. Do you know him?
W: Yes.
P: Why?
W: He helped me execute this Judicial Affidavit.
P: Your Honor, the witness identified the Judicial Affidavit and this
was marked as Exhibit D and we pray that the signature of Ricky A.
Dela Cruz be marked as Exhibit D-1 and the signature of Atty.
Supremo Dalisay Jr. be marked as Exhibit D-2 for the petitioner, Your
Honor.
J: Noted
P: May I proceed Your Honor?
J: Proceed
P: Mr. Dela Cruz, Are you aware that sometime in December 2, 2015,
Artemis Meow Uy executed a last will and testament?

W: Yes, in fact I was involved in the execution of such instrument since


I was asked by testator to witness it.

P: With your personal knowledge, can you narrate the circumstances


on how the will was executed?
W: Yes. It was 10 oclock in the morning of December 2, 2015 when I,
along with Rich B. dela Cerna, Ron C. dela Cerna and Atty. Ricardo C.
Yniguez Jr. (hereinafter referred to as Atty. Ricardo for brevity) was
requested thru a letter (attached herein as annex A) by the testator to
act as a witness as he executes his last will and testament at his
residence at Unit 23B, Mark Laya Condominium, Andres Bonifacio
Ave., Iligan City.

Upon my arrival, I saw Artemis, Rich, Ron, and Atty. Ricardo by the
living room of Artemis residence having some light snacks, the four of
them then invited me to join them for some refreshments before the
execution of the will commences.

P: How did the process of Artemis execution of his last will and
testament formally begin?

W: At around half past 10 oclock in the morning, Rich, Ron and I were
then called by Artemis and Atty. Ricardo to come inside the kitchen
area and take a seat in the 6-seater round dining table in the kitchen so
that we could begin.
P: When you were seated in the dining table, could you clearly hear and
see Artemis, Ron, Rich and Atty. Ricardo as they speak and move?

W: Yes. We were almost facing each other and the table was bereft of
any object except for a laptop and printer at the side of Atty. Ricardo.
As I can recall, the dining room was also well lighted.

P: Did Atty. Ricardo say anything to Artemis, to you or to your fellow


witnesses when you were already seated in the table?

W: Yes. Atty. Ricardo then began the process by explaining to me, Ron,
Rich and Artemis; the process for the execution of the last will and
testament, he also explained the importance of our presence during the
whole duration of the execution of the last will and testament.

P: Where there any other persons in the dining area except for the four
of you?

W: Yes, a house helper of Artemis was present. If I recall correctly, she


was preparing coffee at the counter, about 2 meters away from the table
where we were seated.

P: How was the Last Will and Testament instrument of Artemis


prepared?

W: I witnessed that Atty. Ricardo made use of a laptop and a printer to


prepare the last will and testament instrument, upon dictation and
instructions of Artemis to Atty. Ricardo which I could clearly hear.
Atty. Ricardo then encoded in the laptop the information that Artemis
dictated. From time to time, Artemis handed over to Atty. Ricardo the
pertinent land titles, vehicle registration and bank book to show his
possessions, Atty. Ricardo got the necessary information from the
documents, and after a while, the latter returned it to Artemis.
P: Did Atty. Ricardo asked any questions or anything from you while
you were there witnessing the process?

W: Yes. As I noticed, about 5 minutes after Artemis told Atty. Ricardo


that it was all of his property, Atty. Ricardo then asked Ron, Rich, and
I of how are we acquainted to Artemis, our respective personal
circumstances and valid Government issued IDs, which he then
encoded in the instrument he was preparing. Atty. Ricardo again
explained to us the circumstances of our involvement in the process.
After about half an hour of editing and printing the instrument, Atty.
Ricardo then proceeded in informing Artemis that the instrument is
already ready.

P: What happened then?

W: Atty. Ricardo made Artemis read and ask if the stipulations were
correct. After Artemis said Yes, Atty. Ricardo made Artemis sign in all
pages, the four pages instrument in the left margin except for the last
page, since in the last page of the instrument, Artemis signed over his
printed name. After which, Ron, Rich, and I were also made to sign the
document, in all pages, the four pages instrument. I then saw Atty.
Ricardo affix his signature in all the four pages of the instrument and
stamped it with his dry seal. After some final word by Atty. Ricardo to
Artemis, he then informed us that the execution of the Last Will and
Testament has been concluded. Atty. Ricardo then gave a copy of the
instrument to Artemis. We then had lunch and parted ways after.

P: If you will be shown the will of Artemis Meow Uy now, will you be
able to identify it?

W: Yes.

P: Your Honor, may I approach the witness?


J: Approach.

P: Kindly go over with the will, Mr. Dela Cruz. Is this the same will you
signed?

W: Yes.

P: Go over it again, pages by pages, focusing on the left side margin of


the will. There is a signature firstly written above the other signature?
Can you recognize it?

W: Yes

P: Whose signature is that?

W: Thats my signature, Sir.

P: Your Honor, we pray that this Judicial Affidavit would serve as his
direct testimony. We are ready for the cross-examination Your Honor.

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