Trial Technique Notes Defendant

Question:

Case: Unlawful Detainer How do you know the defendant?

Rent but refuse to pay

Ground for objection:

Defendant/Tenant: Pedro de Guzman Speculative

Plaintiff: Maria Because it speculates that caretaker knows

the defendant.

1st Witness: Care Taker

Rule: Sustained

Direct Examination
Right Question:
Last Question:

What do you do daily as a caretaker a caretaker

in that apartment? Who are the tenants of the apartment?

(Specific) Limited to Common Areas How many apartment units are there?

Answer:

I open the gates, clean common premises. At Answer: There are 15

night, I throw garbage and then close the main
gate.
Question:

Question:
Presently, how many apartments are occupied
What are the other things you do as caretaker
by tenants?
of that apartment?

Answer:
Answer:

Currently, there are 11 units occupied by

Small repairs within the apartment premises.
tenants.
(He has access inside apartment on occasional
basis).

Boost his credibility as a witness. Question:

 How did you know there are 11 tenants Obligation- establish a juridical tie….to do, not
occupying 11 units? to do, to give

Pedro de Guzman allowed to stay in the

property of maria but must pay rent…
Answer:
Establish he was in default- how de wo ask that
I see them daily.
to juan dela cruz (translate that question on
demand)

Answer, Maybe asked during cross - Verbally collected the rent

- Nung di nagbayad reported to Maria

What did maria ask you to do after that?

Question:
Is the question objectionable..dili…because
What are the names of this 11 tenants perspective na sya
occupying the 11 units?
After that maria gave me letter then
deliver kay pedro
Answer: Enumerate them. ………Pedro…..
Next question be---How did maria hand over to
you that letter? (to establish chain of
event)
Question:

You mentioned Pedro de Guzman, how did you I think 4 days after that she called me and
know this Pedro? personally handed to me the said
letter…
----------------------------------------------------------------
Q: How many pieces of paper did the letter
Plaintiff- Maria
composed of..
Defendant- Pedro de Guzman
Actually I received two pieces of letter…and
envelope..one was inside envelope..one
Every 30, rent for the month is due and was outside..
demandable
If not sure..adapt an interim question…one of
exception of leading question…

Huling nagbayad 8 months ago Q: You said that the other letter was open, did
you happen to glance at the letter if any
or if by chance? (interim confirmatory)
Default 7 months ago any or by chance---removes it from
being leading—confirmatory na sya

Nung hindi nagbayad reported to maria Question: Or How did the letter appeared to
you or What are the contents of the
 letter(dangerous question because Juan A: Yes (not leading). Sir this is the demand letter
might not be well oriented)… I gave to Pedro.

Handed to him na open so dili na sya Q: Well I have a letter here, can you see if this
confidential letter is the one you gave Pedro?
A: ( Naay interpreter muingon sa bawat action
Ans: It’s a letter from an attorney..A demand kung diretso gani kay imanifest nimo…)
letter
Q: How can you say it’s a demand letter? Can you please point where is the signature of
A: Because it say then sign sa attorney Pedro de Guzman is this letter?

Q: What was the instruction of Maria Regarding A: Sir this is the signature of Pedro de Guzman.
the Lettter? (signature already been marked during
A: She asked me to deliver the letter to Pedro.. the pre trial)

Q: When did you give the said letter to pedro de Interpreter: Your honor, the witness already
guzman. pointed signature on the letter by Pedro
A: On the same day I saw around one in the de Guzman.
afternoon.
Q: Why did you know that this is the actual
Q: How did you approach P.G. when you gave signature of Pedro de Guzman?
the letter to him.. (important..non
coercive approach) A: I knew because he signed it in front of me.
A: It was afternoon, he was resting, then I
approach him, told him Maria asked me Q: After handing over this envelope, after Pedro
to give this letter, the other one you had signed this demand letter, can you
should sign this with the date… please describe what is the letter
inserted in the envelope.
After you handed the letter what else did you
do? A: It’s the same copy as this letter

I let P D sign as received the other copy of the Q: After that what did you do with the letter?
letter that was not in the envelope.
I gave this letter to Maria. (We already
What did Pedro do after asking him to sign? established a proper demand. Because
we have a document to establish the
Pedro de Guzman signed the receipt portion of demand)
the letter.
Concluding question (should touch the point
Descriptionary Question. on the case, on the trial, katong una
nga question)
In this table we have different sets of demand
letters, will you identify which letter is the one
After returning the letter to Maria what did you
you handed to Pedro?
do?
Q: When you see the letter will you recognize it?
I stayed there and performed my task as Gut feeling Standards
caretaker of that apartment. First Impression
Titibok- tibok Body Gestures
After giving the letter to PD what did you Credit Inspectior (CI)
noticed with his behaviour?
Cross Examination

Objection, it’s a question based on opinion. When you noticed that the tricycle deviated
Sasagutin ninyo ang exception to the rule , the from the ordinary course, what did you
witness can testify based on his own do?
opinion on his personal perception on
If you ask the witness
the behaviour, emotion, and
appearance of the defendant.
If you want to know about the person, you ask
the neighbors.
After that he will npot smile to me unlike
before.
Vaildation- know about the personality of your
client
What else did Maria asked you to do about
Description ng client mo would be
Pedro de Guzman?
hostile
If you would have the necessary
Well one day Maria told that we will go to her
resources, the validate ka
lawyer that I will make and affidavit for
the case that we will file against Pedro
de Guzman. Gather nimo ang iya record like blotters etc.

Who is the lawyer? In impugning the credibility of the witness (okay

lang na sya kay public documents
Atty Charotera.
mana). You can use it during CROSS-
EXAMINIATION.
The date is reflected in my affidavit.

1714n4xa
Affidavit identified,
Ys46zr
After making this affidavit what did Maria told
you to do?

Close it by ending in the court. Closw testimony

of direct examination.

Trial Technique: Feb 5, 2018