Script
Script
CLERK: The MTCC Branch 1 of Surigao City is now in session. Honorable Judge Jill
Yusikee Diaz presiding. All rise.
ECUMENICAL PRAYER
CLERK: Darwin Ramos versus Denise Ramos. Special Proceeding Number 12345. For:
Petition for Annulment of Marriage. The case is set for Pretrial and
Presentation of Evidence.
JUDGE: Appearances.
PETITIONER: Good afternoon, your Honor. Atty. Edwin B. Villanueva respectfully appearing
for the petitioner. We are ready, your Honor.
RESPONDENT: Good afternoon, your Honor. Atty. Daisy Mae Luinor A. Labastida respectfully
appearing for the respondent. We are ready, your Honor.
PUBLIC PROSECUTOR: Your Honor, respectfully appearing Prosecutor Truce Salvador. I am deputized
by the Solicitor General in representation of the State. I will also submit an
investigation report stating that no collusion exists between the parties.
JUDGE: Let the record show that Prosecutor Salvador, deputized by the Solicitor
General to represent the State, has submitted his investigation report stating
that no collusion exists between the parties. SO ORDERED.
Counsel, do you admit that the court has jurisdiction over the person of the
respondent?
JUDGE: Both counsels, do you admit that the court has jurisdiction over the subject
matter of the case?
PETITIONER: Yes, your Honor. But we could not agree as to the terms.
STIPULATION OF FACTS
xxxxxxxxxxxxxxxxxxxxx
PETITIONER: That is all, your Honor.
RESPONDENT: Do you admit the personal circumstances of the Respondent: that she is a
resident of Purok 6, Brgy. Lipata, Surigao City?
PETITIONER: We admit.
RESPONDENT: Do you admit that the petitioner and respondent were engaged for a period of
one year prior to the celebration of the marriage?
PETITIONER: We admit.
RESPONDENT: Do you admit that the petitioner and respondent were lawfully married on
September 10, 2012?
PETITIONER: We admit.
RESPONDENT: Do you admit that the petitioner and respondent had no sexual congress
before the celebration of the marriage?
RESPONDENT: Do you admit that the respondent experienced frequent morning sickness 3
months after the celebration of the marriage?
PETITIONER: We admit.
RESPONDENT: Do you admit that the petitioner and respondent consulted Dr. Miriam
Santiago, a Gynaecologist, who informed them that, at the time of the
consultation, the respondent was 6 months pregnant?
PETITIONER: We admit.
RESPONDENT: Do you admit that the respondent concealed the fact of her pregnancy during
the celebration of the marriage?
RESPONDENT: Do you admit that approximately 3 months after the consultation, the
respondent gave birth to a healthy baby boy?
PETITIONER: We admit.
JUDGE:
X X X RESPONDENT’S PROPOSAL X X X
MARKING OF EXHIBITS
JUDGE: The petitioner may proceed with the marking of his exhibits.
PETITIONER’S EXHIBITS
JUDGE: The respondent may now proceed with the marking of his exhibits.
RESPONDENT: We pray that the Marriage Certificate of the parties which occurred on
September 12, 2012 be marked as Exhibit 3.
JUDGE: Show your documents to the Petitioner. Does the Petitioner admit the
genuineness and due execution of the Answer of the Respondent, Affidavit of
Denise Ramos, Affidavit of Kaisa Rabi, Pre-natal Card of the Respondent,
Affidavit of Mia Uwaw and the Affidavit of Sally Ako.
PETITIONER: For the petitioner, your Honor, we are submitting the following issues:
1. XXXXXXXX
JUDGE: Petitioner has submitted ___ issues for resolution. Respondent, submit your
issues.
RESPONDENT: For the respondent, your Honor, we are submitting the following issues:
1. Whether or not
LIST OF WITNESSES
JUDGE: Petitioner may now present his list of witnesses.
PETITIONER: Your Honor, the petitioner intends to present the following witnesses:
1.
JUDGE: Petitioner has ___ witnesses, in the persons of ___________. Respondent may
now present his list of witnesses.
RESPONDENT: Your Honor, the respondent intends to present the following witnesses:
JUDGE: Respondent has 4 witnesses, in the persons of Denise Ramos, Kaisa Rabi, Mia
Uwaw and Sally Ako.
CLERK: Raise your right hand. Do you swear to tell the truth, the whole truth and
nothing but the truth?
WITNESS: XXXX
PETITIONER: OFFER
JUDGE: Comment?
PETITIONER: DIRECT
RESPONDENT: CROSS
RESPONDENT: That is all, your Honor.
JUDGE: Re-direct?
Witness, ___________, was called to the witness stand and examined under
oath. A direct examination and cross examination were conducted by both
parties. Thereafter, there being no re-direct examination, the testimony of the
witness is hereby terminated. SO ORDERED.
DIRECT EXAMINATION
JUDGE: Cross.
JUDGE: Redirect?
Witness, ___________, was called to the witness stand and examined under
oath. A direct examination and cross examination were conducted by both
parties. Thereafter, there being no re-direct examination, the testimony of the
witness is hereby terminated. SO ORDERED.
XXX
JUDGE: We will come now to the petitioner’s formal offer of evidence. Counsel are you
ready?
JUDGE: Proceed.
PETITIONER: Your Honor, before we rest our case, we formally offer the following exhibits:
XXX
JUDGE: Comment?
JUDGE: Acting on the formal offer of the petitioner’s evidence, the court admits
exhibits A to ____ to form part of the evidence of the petitioner, subject to its
individual probative value. SO ORDERED.
JUDGE: Noted.
CLERK: Raise your right hand. Do you swear to tell the truth, the whole truth and
nothing but the truth?
WITNESS: I am Denise Ramos, of legal age, a resident of Purok 6, Brgy Lipata, Surigao
City, married and self-employed.
CLERK: The witness is Denise Ramos, of legal age, a resident of Purok 6, Brgy Lipata,
Surigao City, married and self-employed. Your witness.
RESPONDENT: Your Honor, we offer the testimony of the witness to prove that one year prior
to the celebration of the marriage on September 10, 2012, the parties were
engaged and living together as husband and wife; that on August 20, 2012, the
respondent, accompanied by the petitioner, had her prenatal check-up at the
Brgy Lipata Health Center; that on September 10, 2012, the parties were
lawfully married to one another; that three months thereafter, the
respondent, accompanied by the petitioner, had her check-up at the office of
gynaecologist, Dr. Miriam Santiago; to rebut the allegations stated in the
complaint that she concealed her pregnancy to the prejudice of the petitioner
and to dispute that the petitioner had knowledge of the pregnancy prior to the
celebration of their marriage; that she executed a judicial affidavit, wherein
the facts are true and correct, based on her personal knowledge; and other
matters pertinent to the case. May it please the court.
JUDGE: Comment?
RESPONDENT: Yes, your Honor. Mrs. Witness, do you remember having executed any
document in relation to this on March 3, 2014?
RESPONDENT: Showing you a 6 page document, marked as exhibit 2, is this the said affidavit?
RESPONDENT: Your Honor, we pray that the said signature be marked as exhibit 2-A.
RESPONDENT: Mrs Witness, can you recall where you executed the said affidavit?
RESPONDENT: Directing your attention to page 5 of the affidavit, wherein a signature appears
above the name Atty Daisy Mae Labastida. Whose signature is this?
RESPONDENT: Your Honor, we pray the said signature be marked as exhibit 2-B.
RESPONDENT: Mrs Witness, when you executed the affidavit, were the contents explained to
you in a manner and language that you understood?
RESPONDENT: Do you confirm and affirm that this affidavit will take the place of your direct
testimony in relation to this case?
JUDGE: Cross.
XXX
JUDGE: Redirect?
RESPONDENT: None, your Honor.
Witness, Denise Ramos, was called to the witness stand and examined under
oath. A direct examination and cross examination were conducted by both
parties. Thereafter, there being no re-direct examination, the testimony of the
witness is hereby terminated. SO ORDERED.
CLERK: Raise your right hand. Do you swear to tell the truth, the whole truth and
nothing but the truth?
WITNESS: I am Kaisa Rabi, of legal age, a resident of Purok 6, Brgy San Juan, Surigao City,
single and self-employed.
CLERK: The witness is Kaisa Rabi, of legal age, a resident of Purok 6, Brgy San Juan,
Surigao City, single and self-employed. Your witness.
RESPONDENT: Your Honor, we offer the testimony of the witness to corroborate the
testimony of the respondent as to the true character of the petitioner; that he
executed a judicial affidavit, wherein the facts are true and correct, based on
his personal knowledge; and other matters pertinent to the case. May it please
the court.
JUDGE: Comment?
RESPONDENT: Yes, your Honor. Mrs. Witness, do you remember having executed any
document in relation to this on March 3, 2014?
RESPONDENT: If the same will be shown to you, will you be able to identify it?
RESPONDENT: Showing you a 4 page document, marked as exhibit 4, is this the said affidavit?
RESPONDENT: Your Honor, we pray that the said signature be marked as exhibit 4-A.
RESPONDENT: Mrs Witness, can you recall where you executed the said affidavit?
RESPONDENT: Directing your attention to page 3 of the affidavit, wherein a signature appears
above the name Atty Daisy Mae Labastida. Whose signature is this?
RESPONDENT: Your Honor, we pray the said signature be marked as exhibit 4-B.
RESPONDENT: Mrs Witness, when you executed the affidavit, were the contents explained to
you in a manner and language that you understood?
RESPONDENT: Do you confirm and affirm that this affidavit will take the place of your direct
testimony in relation to this case?
JUDGE: Cross.
XXX
JUDGE: Redirect?
Witness, Kaisa Rabi, was called to the witness stand and examined under oath.
A direct examination and cross examination were conducted by both parties.
Thereafter, there being no re-direct examination, the testimony of the witness
is hereby terminated. SO ORDERED.
Respondent, are you ready with your third witness?
CLERK: Raise your right hand. Do you swear to tell the truth, the whole truth and
nothing but the truth?
WITNESS: I am Mia Uwaw, of legal age, a resident of ____ Surigao City, single and self-
employed.
CLERK: The witness is Mia Uwaw, of legal age, a resident of ____ Surigao City, single
and self-employed. Your witness.
RESPONDENT: Your Honor, we offer the testimony of the witness to corroborate the
testimony of the respondent that on August 20, 2012, the respondent,
accompanied by the petitioner, had a prenatal check-up at the Brgy Lipata
Health Center, evidenced by a prenatal card; that she executed a judicial
affidavit, wherein the facts are true and correct, based on her personal
knowledge; and other matters pertinent to the case. May it please the court.
JUDGE: Comment?
RESPONDENT: Yes, your Honor. Mrs. Witness, do you remember having executed any
document in relation to this on March 3, 2014?
RESPONDENT: If the same will be shown to you, will you be able to identify it?
RESPONDENT: Showing you a ___ page document, marked as exhibit ___, is this the said
affidavit?
RESPONDENT: Directing your attention to page ___ of the document, wherein a signature
appears above the name Mia Uwaw. Whose signature is this?
RESPONDENT: Your Honor, we pray that the said signature be marked as exhibit ___-A.
RESPONDENT: Directing your attention to page ___ of the affidavit, wherein a signature
appears above the name Atty Daisy Mae Labastida. Whose signature is this?
RESPONDENT: Your Honor, we pray the said signature be marked as exhibit ____-B.
RESPONDENT: Mrs Witness, when you executed the affidavit, were the contents explained to
you in a manner and language that you understood?
RESPONDENT: Do you confirm and affirm that this affidavit will take the place of your direct
testimony in relation to this case?
JUDGE: Cross.
XXX
JUDGE: Redirect?
Witness, Mia Uwaw, was called to the witness stand and examined under oath.
A direct examination and cross examination were conducted by both parties.
Thereafter, there being no re-direct examination, the testimony of the witness
is hereby terminated. SO ORDERED.
CLERK: Raise your right hand. Do you swear to tell the truth, the whole truth and
nothing but the truth?
WITNESS: I am Sally Ako, of legal age, a resident of Purok 6, Brgy San Juan, Surigao City,
single and unemployed.
CLERK: The witness is Sally Ako, of legal age, a resident of Purok 6, Brgy San Juan,
Surigao City, single and unemployed. Your witness.
RESPONDENT: Your Honor, we offer the testimony of the witness to corroborate the
testimony of the respondent that the parties were living together as husband
and wife approximately one year prior to the celebration of their marriage at
Purok 6, Brgy San Juan, Surigao City; that she executed a judicial affidavit,
wherein the facts are true and correct, based on her personal knowledge; and
other matters pertinent to the case. May it please the court.
JUDGE: Comment?
RESPONDENT: Yes, your Honor. Mrs. Witness, do you remember having executed any
document in relation to this on March 3, 2014?
RESPONDENT: If the same will be shown to you, will you be able to identify it?
RESPONDENT: Showing you a ___ page document, marked as exhibit ___, is this the said
affidavit?
RESPONDENT: Directing your attention to page ___ of the document, wherein a signature
appears above the name Sally Ako. Whose signature is this?
RESPONDENT: Your Honor, we pray that the said signature be marked as exhibit ___-A.
RESPONDENT: Mrs Witness, can you recall where you executed the said affidavit?
RESPONDENT: Your Honor, we pray the said signature be marked as exhibit ____-B.
RESPONDENT: Mrs Witness, when you executed the affidavit, were the contents explained to
you in a manner and language that you understood?
RESPONDENT: Do you confirm and affirm that this affidavit will take the place of your direct
testimony in relation to this case?
JUDGE: Cross.
XXX
JUDGE: Redirect?
Witness, Sally Ako, was called to the witness stand and examined under oath.
A direct examination and cross examination were conducted by both parties.
Thereafter, there being no re-direct examination, the testimony of the witness
is hereby terminated. SO ORDERED.
JUDGE: We will come now to the formal offer of evidence of the respondent. Counsel,
are you ready?
JUDGE: Proceed.
RESPONDENT: Your Honor, before we rest our case, we formally offer the following exhibits:
JUDGE: Comment?
JUDGE: Acting on the formal offer of the respondent’s evidence, the court admits
exhibits A to ____ to form part of the evidence of the petitioner, subject to its
individual probative value. SO ORDERED.
The court having admitted the formal offer of evidence of both parties, the
case is now submitted for decision. SO ORDERED.