Practice Court 2

Atty. Ryan Endaya

ENTRANCE

Clerk of Court: All rise!

Court is now in session. Silence is hereby enjoined.
Regional Trial Court, Branch 70 Taguig city

Clerk of Court: Lead the 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 be 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.

JUDGE: (Bang the gavel.) Call the case

COC: Civil Case No. 401

Declaration of Absolute
Nullity of Marriage

APPEARANCES FOR THE RESPONDENT:

Good Evening Your Honor, may we respectfully enter as Counsels for the respondent, I am Atty.
Ariel Gidacan and with me is Atty. Emmanuel Plaza

Atty Gidacan: Your honor I will be doing the direct examination of the first witness Mr.
Joel Herminio while the second witness will be examine by Atty Plaza, Thank you

Judge : Are you ready to present your witness counsels?

We are ready, Your Honor.

Counsel Gidacan:: Your Honor, representing the presence of:

a. Mr. Joel Herminio as first witness

b. And Ms. Riva as the second witness

DIRECT EXAMINATION

Direct Examination of the Respondent’s First witness

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

Counsel Gidacan: : Your Honor, may we call our first 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.

3. That the witness will identify the Affidavit he executed before this Honorable Court.

4. Lastly, other matters that are deemed relevant to the present case including identification of
documents.

Counsel Gidacan:: Good Evening Mr. Herminio, do you know why you are here in the
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:: Mr. Herminio, do you recall that you have executed an Affidavit?

Answer Witness : Yes, Atty.

Counsel Gidacan:: Your Honor, may I respectfully ask permission to present the Affidavit of
Mr. Herminio?

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:: 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 “A” and also the signature to be marked as Exhibit “A-
1”.

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:: When 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 was they actually 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 in this honorable
court.

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

Counsel Gidacan:: Your honor, I would like to offer the picture as our evidence to be
marked as Exhibit A3

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 , the respondent is a good person to
the community as well as in 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.

JUDGE: Counsel, any cross examination?

ATTY PADERAN: Yes your honor.

(wait for Judge permission)

CROSS EXAMINATION OF HERMINIO

ATTY PADERAN: Mr. Witness, do you recall having testified in relation to this case ?

HERMINIO:
ATTY PADERAN: You testified, and I quote “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,” am I correct?

HERMINIO:

ATTY PADERAN: Mr. Witness, what is your relation with the respondent, Dennis?

HERMINIO:

ATTY PADERAN: So, when you say earlier that Dennis is a good person, responsible and
loving man, without any sickness, was it due to a perspective of a prudent man in a basic
community or as a cousin?

HERMINO:

ATTY PADERAN: Mr. Witness, where do you live?

HERMINO:

ATTY PADERAN: Say, how many times do you see Mr. Dennis in a week?

HERMINIO:

ATTY PADERAN: So, it is possible to see what was happening when Mr. Dennis is at home
together with his family, from your home?

HERMINIO:

ATTY PADERAN: Lastly, Mr Witness, you also testified that Mr. Dennis did not have any
records in the Barangay, am I correct?

HERMINIO:

ATTY PADERAN: I am now showing you Exhibits D and E, the Barangay Protection Orders
dated February 4, and July 7, 2020. No further questions, your honor.

DIRECT EXAMINATION OF SECOND WITNESS - RIVA

===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 “A-3” and the signature appeared above the name of A1
be bracketed and sub-marked as Exhibit “A-4.

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 Annex B

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 Annex C

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 Annex D

Judge: Mark it

===Thank you, Your Honor====

And that’s all , we have already presented all our witnesses