Direct Examination for Respondent’s Witness

APPEARANCES FOR THE RESPONDENT:

Good Evening Your Honor, I am Atty Gidacan

I will be doing the direct examination for the first witness Mr. Joel Herminio while the second witness
will be examine by Atty Plaza.

Judge : Are you ready to present your witness counsels?

We are ready, Your Honor.

DIRECT EXAMINATION

Direct Examination of the Respondent’s First witness

COC: Call in the 1st Witness Mr. Joel Herminio

***The witness takes the witness stand***

COC: Mr. Witness, Please Raise your right hand. Do you swear to tell the truth, the whole
truth and nothing but the truth?

Witness: Yes Sir

COC:Please state your name and your personal circumstances.

Answer Witness: I am Mr. Joel Herminio married, of legal age, resident of Road 78 Binan Laguna

COC: Your Honor, the witness is Mr. Joel Herminio married, of legal age, resident Road 78 Binan
Laguna

Witness is now ready Your Honor.

OFFER OF TESTIMONY:
Counsel Gidacan:: Your Honor, we are offering the testimony of Mr. Herminio to prove the following:

1. That the witness saw the petitioner Ms. Cherry Magat having an affair with his former boyfriend
Raul Vallejo.

2. The witness will identify the Affidavit before this Honorable Court.

3. Other matters that are relevant to the case including identification of documents.

Counsel AAG: Judge can we proceed

Judge : Yes please proceed

Thank you, Your honor

Counsel Gidacan:: Ok, Good Evening Mr. Herminio, do you know why you are here in this court
today?

Answer Witness : Good Evening Atty, I am present in this Court, as a witness for the respondent . And
I will testify with honesty and to the best of my knowledge.

Counsel Gidacan:: Ok, Mr. Herminio, do you recall that you have executed an Affidavit?

Answer Witness : Yes, Atty.

Counsel Gidacan:: Your Honor, may I ask permission to present the Affidavit ?

Judge: PROCEED

Counsel Gidacan::: Thank you, your Honor

Counsel Gidacan:: Mr. Herminio, I am showing you now the Affidavit, is it the same document that you
have mentioned earlier?

Answer Witness : Yes Atty.

Counsel Gidacan:: Mr. Herminio, kindly examine the document and please go over the last page which
appears your signature over your printed name , below is the word “Witness for Respondent”

Please kindly enlighten this Honorable Court as to whose name and signature is this?

Answer Witness That is my name and signature, Atty

Counsel Gidacan:: Ok, Mr. Herminio, do you affirm the truthfulness of the contents of this Affidavit?

Answer Witness : Yes Atty.

Counsel Gidacan:: Your honor, I would like to offer the Affidavit , as identified by Mr. Herminio to
be marked as Exhibit “1” and also the signature to be marked as Exhibit “2”.

Judge: Mark it.

Counsel Gidacan:: Thank you Your Honor.

Counsel Gidacan:: Mr. Herminio, what is the reason why you have filed this Affidavit?

Answer Witness My reason for filing this Affidavit to show and testify to this Honorable court that Mr.
Dennis Balangue is a good person, a responsible and loving family man and is not psychologically
incapacitated and most of all without any sickness of Anti-Social Personally Disorder, and all the
allegations of her wife are not true, Atty.

Counsel Gidacan:: Ok, that’s good to hear

Counsel Gidacan:: Now let’s proceed to some questions

Counsel Gidacan:: You said that you saw your cousin’s wife ( Ms. Cherry Magat) with her former
boyfriend in a shopping mall, is that true.

Answer Witness : Yes Atty

Counsel Gidacan:: And when was that

Answer Witness : Around January of 2014

Counsel Gidacan:: Are you sure that’s the wife of your cousin

Answer Witness : Yes Atty, 100%

Counsel Gidacan:: And how do you say so

Answer Witness : Because I met her many times when I wanted to visit my cousin and her wife and
their kids to their home.

Counsel Gidacan:: And also how do you say so that the companion of your cousin’s wife is her
former boyfriend

Answer Witness : I remember. there was a time when my cousin Dennis told me about the story of
his wife’s past love life and he showed me the picture that’s why I remember his face
Counsel Gidacan:: And what are they doing in the Mall

Answer Witness : They are kissing each other while holding hands.

Counsel Gidacan:: And what do you do after seeing that

Answer Witness : I took pictures Atty., to prove their illicit relationship

Counsel Gidacan:: Do you have that picture with you

Answer Witness : Yes Atty

Counsel Gidacan:: Your Honor may we respectfully show that picture

Judge: Proceed

Counsel Gidacan:: Thank you, Your Honor, Mr. Herminio, can you please show that picture to this
court

===================Showing the Picture=====================

Counsel Gidacan:: Your honor, I would like to offer the picture as our evidence to be marked as
Exhibit 3

Judge: Mark it.

Thank you, your Honor

=======================ok let’s proceed======================

Counsel Gidacan:: Being the Cousin of Dennis, I’m sure you know his character since childhood.
Does he have any vices, like smoking, drinking or is he a womanizer.

Answer Witness : None, Atty, I’m sure of that and he’s not a womanizer

Counsel Gidacan:: Does he have any records in Barangay

Answer Witness : None, Atty.

Counsel Gidacan::: As a husband and a father, what can you say about him

Answer Witness : Well Atty, He is a good father of the family, and he never hurts his wife.

Counsel Gidacan: So, all of the allegations about him, that he is gambler, irresponsible and
immature and with Personal Disorder are all not true, right?

Answer Witness : Yes Atty, In fact all those stories was all fabricated by his wife’s parents because
from the start of their marriage, they are against with him.
Counsel Gidacan::So in short, Mr. Dennis Balangue , is a good person to the community and to his
family, right?

Answer Witness : Yes, Atty, that’s right

======Counsel AAG: Your Honor, I have No further questions with the witness Mr. Herminio,
that’s all Sir Thank you.================================

=====================Break for the second witness ========================

===Your honor, may we request to proceed to the second witness===============

Now comes the Question and Answer for Ms. Riva ( Witness for Respondent)

COC: Call in the 2nd Witness Ms. Margaux Riva

**The witness takes the witness stand***

COC: Ms. Witness, Please Raise your right hand. Do you swear to tell the truth, the whole
truth and nothing but the truth?

Witness: Yes Sir

COC:Please state your name and your personal circumstances.

Answer Witness: I am Ms. Margaux Riva married, of legal age

COC: Your Honor, the second witness is Ms. Margaux Riva , of legal age and residing at Road 2
Taguig City

She is now ready Your Honor.

Judge: PROCEED

COC : May I called the presence of Atty Plaza to do the direct examination for the second witness;
Ms. Margaux Riva please.

OFFER OF TESTIMONY:

Counsel Plaza: Good evening, Your Honor, we are offering the testimony of Ms, Margaux Riva to
specifically prove the following:

1. That she is the one who applied for the marriage license
2. That she can prove the good character of the Respondent and without any psychological disorder.
Counsel Plaza: Ms. Riva , do you recall that you have executed an Affidavit?

Answer Witness : Yes, Atty.

Counsel Plaza: Your Honor, may I respectfully ask permission to present the Affidavit of Ms.Riva ?

Judge: PROCEED

Counsel Plaza: Thank you, your Honor

Counsel Plaza: Ms. witness, I am showing you now the Affidavit, is it the same document that you have
mentioned earlier?

Answer Witness : Yes Atty.

Counsel Plaza: Ms. witness, kindly examine the document and please go over the last page which
appears to be a signature over the printed name of a certain Ms. Riva is the word “Witness for
Respondent” Kindly enlighten this Honorable Court as to whose name and signature is this?

Answer Witness That is my name and signature, Atty

Counsel Plaza: Ms. Riva , do you affirm and confirm the truthfulness and veracity of the contents of this
Judicial Affidavit?

Answer Witness : Yes Atty.

Counsel Plaza: Your honor, I would like to offer the Affidavit mentioned and identified by Ms. Riva
to be marked as Exhibit 4 and the signature appeared above the name of A1 be bracketed and sub-
marked as Exhibit 5.

Counsel Plaza : Ms. Riva, how do you know Mr. Dennis the respondent

Answer Witness: I know him for a quite long time because she is my close friend’s wife, I was often
in their house, that’s why for that I observed his character.

Counsel Plaza :You have stated in your affidavit that you are the one who applied for marriage
license for the couple, is that right? And if so, do you have that copy with you, so you can show it to
us.

Answer: Yes Atty, that’s right I was the one who applied for their Marriage License, in fact, I have
the copy right now and I can how it to you

Counsel Plaza: Your honor may we request for the witness to show the Marriage License

=====Wait for the response of Judge=================

Judge: Proceed

Counsel Plaza : Ms. Witness please show the Marriage License to this honorable Court
Counsel Plaza :Your honor may we request to offer the Marriage License as part of our evidence to
be marked as Exhibit 6.

Counsel Plaza: Ms Witness, base on your affidavit, you have stated therein that the respondent is
not a gambler or an abuse being and why you say that.

Answer: As I stated earlier, I often stayed at the couple’s house, and base on my observation , there
was no signs that Mr. Dennis abuses his wife, and I never saw him gambles or has other vices. He is
a good family man.

Counsel Plaza: Ok, Ms. Witness, you have executed and signed an affidavit for that statement,
right?

Answer: Yes Atty.

Counsel Plaza :Your honor, may we request to offer the Affidavit of Ms. Riva as part of our
evidence to be marked as Exhibit 6

Your Honor, the Doctor who conducted the Evaluation Report of our client is not present to this
court, hence can I make a request to offer on his behalf the Psychological Evaluation Report , as
part of our evidence to be marked as Exhibit 7

Judge: Mark it

===Thank you, Your Honor====No further questions============

As we already presented all our witnesses