Script-v.-2.0.docx

ATENEO DE DAVAO UNIVERSITY College of Law

In Compliance with the Oral Exam for Practice Court and Trial Techniques

FORCIBLE ENTRY: Heirs of Luna Araw vs. Manuel Vantes, et. al.

Group 1 Members: Alparaque, Earvin Jay I. Amparo, Nestle M. Atmosfera, Hansel John S. Banal, John Michael Buhay, Kamille Liza M. Candolita, Therese Anne S. Ceballos, Celeste June R.

Confessor, Kristine G. Dimaligalig, Karl V. Estillore, Lizette Kaye F. Geralde, Jose Gerfel Gumboc, Maria Katherina L. Ibay, Yasmine A.

Submitted to: Judge Maria Eloisa A. Maglana

23 March 2019

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Cast of Characters: Judge – Hon. Maria Eloisa A. Maglana Branch Clerk of Court – Yasmine A. Ibay Counsel for the Plaintiff – Buhay, Kamille Liza Counsel for the Defendant – Earvin Jay I. Alparaque Plaintiff (Sonrisa Araw) – Lizette Kaye F. Estillore Court Interpreter – Kristine Confesor Court Stenographer – Maria Katherina L. Gumboc Defendant (Manuel Vantes) – Karl Joseph Dimaligalig Witness for the Plaintiff: Demetria Puno – Nestle Amparo Barangay Captain – John Michael G. Banal Witness for the Defense: Registrar of Deeds – June Celeste R. Ceballos Reynaldo Vantes – Jose Gerfel F Geralde

Script Writers: Hansel Jan Atmosfera Jose Gerfel Geralde John Michael Banal Therese Anne Candolita Earvin Jay Alparaque Yasmine Ibay Maria Katherina Gumboc Nestle Amparo Lizette Kaye Estillore

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(The judge enters the room) Clerk of Court:

All rise. The court is now in session. Honorable Maria Eloisa A. Maglana presiding. (All court personnel recite the ecumenical prayer)

Almighty God, we stand in Your Holy Presence as our Supreme Judge. We humbly beseech You to bless and inspire us so that what we think, say and do will be in accordance with Your will. Enlighten our minds, strengthen our spirit and fill our hearts with fraternal love, wisdom and understanding, so that we can become effective channels of truth, justice and peace. In our proceedings today, guide us in the path of righteousness for the fulfillment of Your greater glory. Amen. (Judge bangs the gavel) Judge Maglana:

Please sit down. (everybody sits)

Judge:

Clerk, please call the cases.

Clerk of Court:

Our first case this afternoon is Civil Case No. 14344-19 for Forcible Entry.

Judge:

Appearances.

Counsel Plaintiff (CP): Good afternoon, your Honor. I am Atty. Kamille Liza Buhay appearing for the plaintiff. Counsel Defendant (CD): Good afternoon, your Honor. I am Atty. Earvin Jay Alparaque appearing for the defendant. Judge M:

Is the plaintiff in court?

CP:

Yes, your Honor.

Judge M:

Are the parties ready for the presentation of witnesses?

CP:

Yes, your Honor. For the plaintiff’s evidence, we will be presenting two witnesses.

CD:

As for the defendant, we will also be presenting two witnesses, your Honor.

Judge M:

Okay, proceed. Call the first witness.

CP:

Your Honor, our first witness is the plaintiff herself, Sonrisa Araw. Her testimony is offered to prove that she is the rightful owner and possessor of Lot No. 2911. The witness expressed her desire to testify in English --Witness proceeds to the stand and takes oath--

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OATH AND DIRECT EXAMINATION OF FIRST WITNESS FOR PLAINTIFF: SONRISA ARAW Court Interpreter:

Please raise your right hand. Do you swear to tell the truth, the whole truth and nothing but the truth before this Court?

Sonrisa Araw (SA):

I do.

Court Interpreter:

State your name, age, residence, civil status, and occupation.

Sonrisa Araw (SA):

My name is Sonrisa Araw, 40 years old, an entrepreneur, and I live in Ma-a, Davao City.

Court Interpreter:

Your witness is now ready.

CP:

With the permission of the Honorable Court, the purpose of plaintiff’s testimony, Your Honor, is to identify the Judicial Affidavit which she executed in relation to this case; and to affirm or confirm the statements contained therein, your Honor, to identify the documents attached to his Judicial Affidavit.. May we proceed, your Honor?

Judge M:

You may proceed.

CP:

Ms. Sonrisa Araw, are you the same Sonrisa Araw who is the plaintiff in this instant case?

ARAW:

Yes, Atty.

CP:

Ms. Araw, do you remember executing a judicial affidavit for this case?

ARAW:

Yes, Ma’am.

CP:

I am showing you a document which is entitled as Judicial Affidavit, is this the same judicial affidavit you executed?

ARAW:

Yes, Ma’am.

CP:

The Witness has positively identified the Judicial Affidavit marked as Exhibit “A”, this serves as the direct testimony of Ms. ARAW. I am showing you this document consisting of 9 pages with a signature written on the affiant portion, can you please tell this Honorable Court whose signature is that?

ARAW:

It’s my signature.

CP:

The Witness has positively identified his signature in the Judicial Affidavit marked as Exhibit “A”.

CP:

Can you review and confirm the contents of the Judicial Affidavit? Do you wish to change anything?

ARAW:

Yes, I confirm, Ma’am. I do not wish to change anything.

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CP:

That would be all for the direct examination, your Honor. Witness is now ready for cross-examination. We formally offer the following documents previously marked as exhibits as ______ evidence.

JUDGE:

Any cross-examination from the defense?

CD:

Yes, your Honor.

CROSS-EXAMINATION OF SONRISA ARAW

CD:

You mentioned in your Judicial Affidavit that you purchased the Lot 2199. However, why is it that the sale is not recorded in the Registry of Deeds?

CP:

Objection your honor, the question calls for an answer outside the parol. There is a valid deed of sale, duly paid for and notarized. This has the presumption of regularity.

(judge will overrule objection kasi cross) (judge: overruled, proceed) PLAINTIFF:

We were not aware that the said sale was not registered by our ascendants. Also, our ancestors were in possession of the property since 1964 and from that year up to the present, nobody questioned our ownership and possession over the land until the defendants entered the property.

CD:

So the sale is not registered?

CP:

Objection your honor, this is a leading question suggesting an answer desired by the good counsel.

(Judge will either overrule the objection or allow rephrasing) (if rephrasing: CD: Is it not a fact that you have no knowledge of the registration? Is the Lot registered in the Registry of deeds?) PLAINTIFF:

Yes sir, we do not have any knowledge of the registration of the subject lot, but when we checked with the ROD the same was not also registered.

CD:

Your Honor we would like to manifest that we put on record that the plaintiff affirmed that the sale is not registered in the Registry of Deeds. You mentioned in your judicial affidavit that you confronted Manuel Vantes regarding the ownership of the same lot did you mention to him that you have in your possession the Deed of Sale executed by Zoilo Vantes in favor of Luna Araw?

Plaintiff:

No sir as I was already trembling in anger the time I made a phonecall to him.

CD:

How bout at the time you and the defendant met at the Lupon Tagapamayapa? Did you show any documents showing or proving to him that indeed you are the owner of the lot?

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Plaintiff:

No sir.

CD:

Ok, by what means were you able to prove to him somehow that indeed you are the rightful owners? By what? By word of mouth?

CP:

Your honor, the counsel is badgering my witness.

(Judge will proceed) Plaintiff:

I just told Manuel Vantes that the Araws are the rightful owners and occupants of the same lot as it is transferred under a valid deed of sale to Luna Araw.

CD:

Without showing any documents you just said that you are the owners?

Plaintiff:

Yes sir.

CD:

That’s all, your Honor.

CD:

No further question, your Honor.

Judge M:

Any re-direct?

CP:

None your Honor.

Judge M:

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Witness is now excused.

OATH AND DIRECT EXAMINATION SECOND WITNESS FOR PLAINTIFF: DEMETRIA PUNO CP:

You’re Honor, we are presenting our second witness in the person of Demetria Puno. Her testimony is offered to prove that she was present when the allege forcible entry was committed. The witness expressed beforehand that she will testify in Bisaya. (Witness proceeds to the stand and takes oath)

CLERK:

Please raise your right hand. Do you swear to tell the truth, the whole truth and nothing but the truth before this Court?

INTERPRETER:

Itaas imong tuong kamot. Manumpa ba ka nga magsulti ka sa kamatuoran ug sa way lain kundi ang kamatuoran sa atubangan niini nga Korte?

DEMETRIA:

Oo.

INTERPRETER:

I do.

CLERK:

State your name, age, residence, civil status, and occupation.

INTERPRETER:

Isulti imong ngalan, edad, puy-anan, civil status, trabaho.

DEMETRIA:

Ako si Demetria Puno, 36 anyos, mag-uuma, ug nagpuyo sa Padre Faura Davao City, minyo.

INTERPRETER:

My name is Demetria Puno, 36 years old, a farm worker, and I live in Padre Faura Davao City.

CLERK:

Your witness is now ready.

CP:

May we proceed, your Honor?

Judge M:

You may proceed. DIRECT EXAMINATION OF DEMETRIA

CP:

Ms. Puno, do you remember executing a judicial affidavit for this case?

DEMETRIA:

Yes, Ma’am.

CP:

I am showing you a document which is entitled as Judicial Affidavit, is this the same judicial affidavit you executed?

DEMETRIA:

Yes, Ma’am.

CP:

The Witness has positively identified the Judicial Affidavit marked as Exhibit “B”, this serves as the direct testimony of Ms. Puno. I am showing you this document consisting of 5 pages with a signature written on the affiant portion, whose signature is that?

DEMETRIA:

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It’s my signature.

CP:

The Witness has positively identified his signature in the Judicial Affidavit marked as Exhibit “B-1”.

CP:

Can you review and confirm the contents of the Judicial Affidavit? Do you wish to change anything?

DEMETRIA:

Yes, I confirm, Ma’am. I do not wish to change anything.

CP:

That would be all for the direct examination, your Honor. Witness is now ready for crossexamination.

JUDGE:

Any cross-examination from the defense?

CD:

Yes, your Honor.

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CROSS-EXAMINATION OF DEMETRIA PUNO CD:

Where were you when the defendant entered the property?

DEMETRIA:

I was sleeping in my hut when I suddenly woke up to the sound of knocking on my door.

CD:

What happened next?

DEMETRIA:

They informed me that they will put up fences and tarpaulins in the property because they were ordered to do so.

CD:

What time did this happen?

DEMETRIA:

It was around 5 in the morning.

CD:

What did you do after they informed you about this?

DEMETRIA:

I simply agreed and went back to sleep because I thought that the order came from my employer Sonrisa.

CD:

So they ask for your permission peacefully before putting up the structures?

DEMETRIA:

Yes.

CD:

That’s all for the cross, Your Honor.

Judge M:

Any re-direct counsel?

CP:

None your honor.

Judge M:

The witness is now excused.

CP:

Your honor, we have no more witnesses to present for today’s hearing.

Judge M:

Very well, the defense will now present their witnesses.

Note: Pls edit the transmission from the plaintiff to defendant.

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DIRECT EXAMINATION DEFENDANT MANUEL VANTES CP:

Your Honor, we are presenting our first witness for the defense in the person of Manuel Vantes. His testimony is offered to prove that he is rightful owner and possessor of the property. (Witness proceeds to the stand and takes oath)

CLERK:

Please raise your right hand. Do you swear to tell the truth, the whole truth and nothing but the truth before this Court?

MANUEL:

I do.

CLERK:

State your name, age, residence, civil status, and occupation.

MANUEL:

I am Manual Vantes, of legal age, married and a resident of Calinan, Davao City, Philippines. DIRECT EXAMINATION OF MANUEL VANTES

CD:

Mr. Vantes, do you remember executing a judicial affidavit for this case?

Manuel:

Yes, Ma’am.

CD:

I am showing you a document which is entitled as Judicial Affidavit, is this the same judicial affidavit you executed?

Manuel:

Yes, Ma’am.

CD:

The Witness has positively identified the Judicial Affidavit marked as Exhibit “1”, this serves as the direct testimony of Mr. Vantes. I am showing you this document consisting of 8 pages with a signature written on the affiant portion, whose signature is that?

Manuel:

It’s my signature.

CD:

The Witness has positively identified his signature in the Judicial Affidavit marked as Exhibit “1”.

CD:

Can you review and confirm the contents of the Judicial Affidavit? Do you wish to change anything?

Manuel:

Yes, I confirm, Ma’am. I do not wish to change anything.

CD:

That would be all for the direct examination, your Honor. Witness is now ready for cross-examination.

JUDGE:

Any cross-examination from the defense?

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CD:

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Yes, your Honor.

CROSS-EXAMINATION OF MANUEL VANTES CP:

You mentioned in your judicial affidavit that you first visited the property on Dec. 1, 2017, correct?

MANUEL:

Yes. I was in Barangay Gumalang to check on the parcel of land. We were planning to subdivide the land.

CP:

When did Mr. Luis Vantes die?

DC:

Objection your honor, the good counsel is asking questions that are not relevant to the disposition of the case.

(Judge will overrule the objection “counsel is on cross”) MANUEL:

May 15, 1965.

CP:

So, from May, 15 1965 to Dec. 1, 2017, what took you so long to visit the property from the death of Louis Vantes?

MANUEL:

We were abroad during those time.

CP:

Can you tell to this court who were with you abroad during those times?

MANUEL:

Me and with my brothers, Noel and Reynaldo Vantes.

CP:

During the period that you were in abroad, no one took care of that property?

CP:

During the period that you were abroad, did anyone took care of the property?

MANUEL: No one. ----------------------------------------------------------------------------------------------------------------------------- --------------CP: You mentioned in your Judicial affidavit as answer to question # 21 that the land was occupied by the other descendants of Luis Vantes from time to time yet you are telling this court that no one occupied the lot during those time you were abroad. Can you please explain further? Manuel:

When I made a phone call to my relatives here in the Philippines, I asked them about the situation of the land. They sent to me photographs in the subject land.

CP:

Is the photographs you are referring to are the same photographs attached in your judicial affidavit?

Manuel:

Yes

CP:

So you are saying that you were just told by the other relatives of Luis Vantes about the current situation of the land and by sending you photographs of the land?

Manuel:

Yes

CP:

So your knowledge about the current situation of the land was based on what was told to you by the other relatives of Luis Vantes and on the photographs they sent

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you? You do not have any personal knowledge about the current situation of the subject lot? Manuel:

Yes

CP:

When you entered the property, did you notice any structure in the area same as those structures in the photographs attached in your judicial affidavit?

MANUEL:

No Ma’am.

CP:

What was in the area when you visited? Why did you say that it was different from the photographs sent to you?

Manuel:

I saw a hut in the area, the photographs sent to me has three houses in it built in lightweight materials.

CP:

You are saying that they are substantially different structures?

Manuel:

Yes sir.

CP:

Was there any occupant in the hut?

MANUEL:

Yes.

CP:

So were you not surprised that there was an inhabited hut in the area when you previously mentioned that no one is taking care of the property from 1965 to 2017?

CD:

objection your honor, the question propounded by the counsel is a misleading question, as it is contrary to what the witness said in his judicial affidavit. The land was occupied by the other heirs of Luis Vantes from 1965 to 2017.

(judge, either she will overrule kasi cross examination or she will rule on the objection and will not allow rephrasing of the question) (IF OVER-RULED) MANUEL: Yes, I was. So I told one of my workers to inform the occupant of the hut that we will be building fences around the property, put up a tarpaulin and harvest coconuts. (IF WILL NOT ALLOW REPHRASING) (Judge: ask another question counsel) CP:

At the time you saw the occupants of the Hut, can you identify them as one of the relatives of Luis Vantes?

Manuel:

No.

CP:

Have you not asked the occupants themselves why and how were they able to occupy the lot and who were they?

MANUEL:

No, as I assumed that they are care takers left by the other heirs of Luis Vantes.

CP:

So you are saying that you’re first visit is on December 01, 2017 and you already brought with you tarpaulins, hammers, and harvested coconuts, correct?

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MANUEL:

Yes.

CP:

And all this was done in the early morning of 5, correct?

MANUEL:

Yes.

CP:

That’s all for the cross, Your Honor.

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DIRECT EXAMINATION OF ROD JUNE CEBALLOS CP:

Your Honor, we are presenting our second witness in the person of Miles Buhay, the Register of Deeds. Her testimony is offered to prove no record sale is annotated in the title of Lot 2199. (Witness proceeds to the stand and takes oath)

CLERK:

Please raise your right hand. Do you swear to tell the truth, the whole truth and nothing but the truth before this Court?

MILES:

I do.

CLERK:

State your name, age, residence, civil status, and occupation.

MILES:

I am Jerson JM, 52 years old, married, and residing at Km. 3 Hospital Road, Buhangin, Davao City. I am engaged in trucking business.

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DIRECT EXAMINATION OF MILES BUHAY CD:

Ms. Buhay, do you remember executing a judicial affidavit for this case?

BUHAY:

Yes, Ma’am.

CD:

I am showing you a document which is entitled as Judicial Affidavit, is this the same judicial affidavit you executed?

BUHAY:

Yes, Ma’am.

CD:

The Witness has positively identified the Judicial Affidavit marked as Exhibit “A”, this serves as the direct testimony of Ms. ARAW. I am showing you this document consisting of ___ pages with a signature written on the affiant portion, whose signature is that?

BUHAY:

It’s my signature.

CD:

The Witness has positively identified his signature in the Judicial Affidavit marked as Exhibit “A”.

CD:

Can you review and confirm the contents of the Judicial Affidavit? Do you wish to change anything?

BUHAY:

Yes, I confirm, Ma’am. I do not wish to change anything.

CD:

That would be all for the direct examination, your Honor. Witness is now ready for cross-examination.

JUDGE:

Any cross-examination from the defense?

CD:

Yes, your Honor.

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JUDGE:

Is there any cross?

CP:

None, Your Honor.

JUDGE:

Let it be noted that the defense has rested its case, and trial is now terminated. The case is now submitted for decision. Parties shall be notified as to the date of the promulgation of judgment. So ordered. (Bang the gavel)

PROMULGATION OF JUDGMENT

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