Witness Direct

August 30, 2017 | Author: ferosiac | Category: Witness, Prosecutor, Evidence (Law), Criminal Law, Public Law
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Direct examination for Witness...

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SECOND WITNESS FOR THE PROSECUTION Court Pros

: Proceed with the trial. Prosecution, who is your next witness? : With the permission of this Honorable Court, may I call our second witness, Your Honor! Judge : Call your next witness, counsel. Prosecutor : Our second witness Your Honor is MS. ROANNE MANALO, the friend of the private complainant who witness the robbery incident took place during the day of November 5, 2015 where the accused allegedly took the laptop of the private complainant. INT : Raise your right hand. Do you swear or affirm to tell the truth, the whole truth and nothing but the truth? Witness : Yes Sir. INT : State your personal circumstances. Witness : I am, ROANNE MAY MANALO, 24 years old, single and a resident of No. 807 Sulipan, Apalit, Pampanga. INT : Roanne May Manalo, after having been duly sworn to in accordance with law, stated that she is 24 years old, single, a resident of 807 Sulipan, Apalit, Pampanga. PROS

:

With the kind permission of this Honorable Court, your honor.

COURT

:

Proceed.

PROS

: We are offering the testimony of the second witness, Roanne May Manalo is to provide corroborating evidence as to the testimony of the Victim to show proof that the accused, on November 5, 2015, with intent to gain, by means of force, violence and intimidation, did then and there, take, rob, and carry away the laptop of the private complainant against her will and sound volition. : Proceed.

Court Q A Q A Q A Q A Q A Q A Q A Q A Q

: Ms. witness, where were you on the day of November 5, 2015? : I am in Paombong, Bulacan Sir. : Based on your personal circumstance, you are from Apalit, Pampanga? : Yes, Sir. : What brought you to Paombong, Bulacan on November 5, 2015? : I went to see my friend Maricon Esguerra to work on our research paper. : Who is this Maricon Esguerra that you are referring to? : My classmate and my friend. : Where in Paombong did you and Ms. Esguerra meet? : At Mini Stop Paombong sir. In front of the Municipal Hall of Paombong. : After you met, what did both of you did, if any? : We bought some drinks at Mini Stop. : What happened next? : We sat down first while waiting for his dad to pick us up. : What time did you arrived to Mini Stop? : About 9 o’clock in the morning Sir. : Before you enter the said convenience store, was there any presence of a security guard?

A Q A Q A Q A Q A Q A Q A Q A Q A Q A Q A Q A Q A Q A Q A Q A Q same? A Q

A PROS

Q

: None, Sir. : Will you be able to recall more or less the number of customers of the said convenience store that particular time, if any? : Only me and Ms. Esguerra Sir. : What happened after that? : Maricon took her laptop off its bag to do some more research. : and then what happened? : A tall fair skinned guy suddenly grabbed her laptop while she was using it. : How far were from Ms. Esguerra when this incident happened? : I was just an armed length away from Ms. Esguerra Sir. : What did you do when this incident happened? : I was stunned sir. I was shocked. : What did Maricon do? : She tried to struggle and take her laptop back sir. : Was she able to succeed? : No sir. : Why? : The accused pointed a knife towards my friend sir and threatened her. : What threat? : The accused said: “BITIWAN MO IYAN! SASAKSAKIN KITA!” : What happened after that? : My friend let go of her laptop out of fear. : Was the accused shouting at your friend? : No sir. He was speaking in a very minimal voice. : Can you describe what kind of knife that the accused wielded during that fateful day when that incident transpired? : A kitchen knife sir. : Did you not bother to ask for help for the security guard of the MiniStop? : There is no security guard that time Sir. : After the accused took and carry away the laptop of Ms. Esguerra and no security guard to ask for help, what did you do after, if any? : I accompanied Ms. Esguerra to the nearest police station to report the incident and filed a formal complaint against the accused. : Do you remember having executed any document at the Police Station in relation to this case? : Yes sir. : If such document will be shown to you, will you be able to identify the : Yes sir. : Now, Madam Witness, I am showing to you a sinumpaang salaysay executed by one Roanne May Manalo consisting of one page, will you please kindly look at this affidavit and tell this Honorable Court what relation has this affidavit of yours with that one you stated you executed? : This is my “Salaysay” sir.

: Exhibit B.

The witness identified the Sworn Statement previously marked as

: Now, Madam Witness, appearing above on the printed name Maricon S. Esguerra is a signature will you please kindly tell the Honorable Court whose signature is this?

A

:

PROS:

Your Honor, may we request that this signature identified to by the witness as her signature be marked as Exhibit “B-1”.

COURT

:

Q

A PROS

: If given a chance, will you be able to recognize the person who took the laptop of your friend? : Yes, Sir. : Is he in this courtroom? : Yes Sir. : Can you point at him? : Yes Sir. : Witness pointing towards the guy on right side of the courtroom seated the left most of the second bench. Sir, Please rise and state your name. : I am Richard Dela Cruz your honor. : Under your present oath, do you affirm and confirm the truthfulness and veracity of what is contained in this “Sinumpaang Salaysay”? : Yes sir. : No further question your honor!

COURT

:

A Q A Q A INT

Accused Q

It is my signature, sir.

Mark it.

Any Cross?

DEFENSE :

Cross That will be all your honor.

COURT

:

Any re-direct?

PROS

:

No re-direct your honor. With the kind permission of the honorable court, we are now ready to make a formal offer of our documentary evidence, your honor.

COURT

:

Proceed.

PROS

: The prosecution is now formally offering the Sinumpaang Salaysay of the Private Complainant Maricon Esguerra before P02 Mario Maurer as Exhibit “A” to “A-1”, the purpose of which is to prove that she is the private complainant in this case and she is the owner of the ASUS Laptop taken by the accused. Exhibit “B to B-1”, the Sinumpaang Salaysay of our second witness Ms. Roanne May Manalo before P02 Mario Maurer, the purpose of which is to prove that indeed the robbing incident transpired on November 5, 2015. Exhibit “C”, the Joint Sworn Statements of the Arresting Officers, the purpose of which is to prove that indeed, the accused was lawfully arrested by the arresting officers. Exhibit “D”, the medical certificate issued by Dr. Joseph Mic to prove that the private complainant suffered post traumatic disorder for which, she

was required by her therapist Dr. Joseph Mic to undergo therapy at the Sacred Heart Hospital for thirty 30 days. That will be all for the prosecution your honor.

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