steno dec. 5, 2011

8/2/2019 steno dec. 5, 2011

1/21

REPUBLIC OF THE PHILIPPINESFIRST JUDICIAL REGIONREGIONAL TRIAL COURT

BRANCH XLAOAG CITY

JUAN PAULO ICALIA Civil CaseNo. 11223

Plaintiff, forSpecific Performance

-versus- withDamages.

ANGELICA LUISA AGUINALDODefendant.

x----------------------------------x

STENOGRAPHIC NOTES FOR DECEMBER 5, 2011 HEARING

Appearances:For the complainant: Atty. Louis TugasFor the defendant: Atty. Bernard Manrique

Coc: By order of the Honorable Judge Richard Balucio, all rise. The court is now in

session.

(Prayer)

Judge: Call the case.

Coc: Juan Paolo Icalia vs. Angelica Luisa Aguinaldo. Civil Case no. 1123 For Specific

Performance with Damages.

Judge:Appearances.

Atty. Tugas: For the Plaintiff your honor, Atty. Louis Tugas.

Atty. Manrique: For the defendant your honor, Atty. Bernard Manrique.

Judge: What is the status of this case, coc?

Coc: This is the initial hearing, your honor.

Judge: So this is the initial presentation of plaintiffs evidence.

Okay. Proceed.

Atty. Tugas: Your honor, may I present before this honorable court the complainant,

Juan Paolo Icalia.

Judge: This is the complainant?

Atty. Tugas: Yes, your honor.

Judge: Okay. Take the witness-stand.

Coc: Please put your left hand on the Bible and raise your right hand. Do you swear

to tell the truth, the whole truth and nothing but the truth?

Mr. Icalia: Yes.

8/2/2019 steno dec. 5, 2011

2/21

Coc: Mr. Witness, will you please state your name, address, age and occupation.

Mr. Icalia: I am Juan Paolo Icalia, 35 years old, from Brgy. 16, Laoag City and I am

a businessman.

Coc: Your honor, the witness is Mr. Juan Paolo Icalia, 35 years old, from Brgy. 16,

Laoag City and a businessman.

Judge: Okay.

Atty. Tugas: Your honor, the testimony of the witness, Juan Paolo Icalia is being

offered to prove the material allegations in the complaint of the

complainant particularly that the plaintiff is the owner of the subject

vehicle in the contract of sale; that there was a Deed of Conditional

Sale being executed by both parties; that the defendant has an

outstanding balance amounting to P250,000.00; that the complainant

is asking for the specific performance of the contract with damages

before this honorable court; and to prove that there are existing

documents to prove the allegations of the complainant and for other

related purposes.

Judge: Okay proceed.

Atty. Tugas: Mr. Witness, may I know the nature of your job.

Mr. Icalia: My business, sir, is in the buy and sell of vehicles.

Atty. Tugas: So you mean youre a businessman in the buying and selling of cars? Is

this legitimate or do you have a permit?

Mr. Icalia: Ahh.. There is none yet, your honor.

Atty. Tugas: So youre a businessman in buying and selling of cars, is that right?

Mr. Icalia: Yes, your honor.

Atty. Tugas: Okay. May you tell before this honorable court what is the nature of

your job per se in buying and selling of cars?

Atty. Manrique: Objection, your honor. The question calls for a narration of facts.

Judge: No. It does not call for a narration. It was already answered. Overruled.

Continue.

Atty. Tugas: How long have you been in this business?

Mr. Icalia: I have been in the business for ten (10) years.

Atty. Tugas: So in this business, Mr. Witness, you are referring to Laoag City only or

Ilocos Norte?

Mr. Icalia: Entire Ilocos Norte.

Atty. Tugas: What is the coverage of your business?

Mr. Icalia: I buy different kinds of vehicles and then I sell them. And then my

customers are from Laoag and the others are from outside Laoag.

Atty. Tugas: Mr. Witness, based on your experience in buying and selling business,

have you ever encountered any conflicts with your clients?

8/2/2019 steno dec. 5, 2011

3/21

Mr. Icalia: There is none, your honor.

Atty. Tugas: As in none?

Judge:Already answered!

Atty. Tugas: Mr. Witness if I will ask you if you know a certain name Angelica LuisaAguinaldo, do you know her?

Mr. Icalaa: Yes, your honor.

Atty. Tugas: Why did you say that you know her?

Mr. Icalia: She is one of my customers.

Atty. Tugas: How long do you know her?

Mr. Icalia: I just met her this January 2011, your honor.

Atty. Tugas: Where did you meet her?

Mr. Icalia: I met her at the DTI, sir, when I went there to process some papers and

so eventually I met her.

Atty. Tugas: To be exact, DTI stands for what?

Mr. Icalia: Department of Trade and Industry.

Atty. Tugas: What was your purpose in going to DTI when you went there that time?

Mr. Icalia: I have to process my permit for my business, sir.

Atty. Tugas: When you went there at DTI, what is the other purpose when you met

some other at that office at that time?

Mr. Icalia: Actually, sir, I was supposed to meet a friend in DTI and when I went

there I accidentally met Angelica.

Atty. Tugas: Angelica. Why was she there that time?

Atty. Bonoan: Objection. The witness is incompetent, your honor.

Judge: Yes. Incompetent. How will he know the purpose of Angelica.

Mr. Icalia: When you were at DTI, Mr. Witness, did you talked with Angelica.

Mr. Icalia: Yes, sir.

Atty. Tugas: What were the contents of your conversation?

Mr. Icalia: We were conversing at that time, your honor, and I was able to tell her

that I am in the buy and sell business and so she said that she is

looking for a SUV but then I told her that the only available I have is an

Astra and I asked her if she is wants to buy it.

Atty. Tugas And what was her response?

Mr. Icalia: She said yes, your honor, and that she is interested in buying it.

Atty. Tugas: After that what happened next?

Mr. Icalia: We exchanged contact numbers, you honor.

8/2/2019 steno dec. 5, 2011

4/21

Atty. Tugas: After that first acquaintance with Ms. Luisa Aguinaldo, was there any

time that you happened to see her again?


Atty. Tugas: When was that?

Mr. Icalia: Sometime in February 2011, your honor. I think February 1, 2011, your

honor.

Atty. Tugas: On Feb. 1, 2011, where was the meeting place of your second meeting

with Ms. Aguinaldo?

Mr. Icalia: We met near their house, your honor.

Atty. Tugas: And what was the purpose in meeting her on that second time?

Mr. Icalia: She texted me that time, your honor, and told me to go to her house

so we can have the chance to transact the selling and buying of the

said vehicle.

Atty. Tugas: When you said vehicle, you are pertaining to what kind of vehicle.

Mr. Icalia: I told you awhile ago, your honor, that she was looking for a SUV but I

said I dont have an available SUV at that time but what I have is an

Astra.

Atty. Tugas: What happened next?

Mr. Icalia: She said: Okay. Ill buy it.

Atty. Tugas: So you went to the house of Ms. Aguinaldo, what mode of

transportation did you used if any?

Mr. Icalia: I used my Astra car.

Atty. Tugas: What is the final transaction?

Mr. Icalia: When she saw the car and she said she likes it.

Atty. Tugas: And what happened next?

Mr. Icalia: So she said, your honor, to come to her house and she will give a down

payment.

Atty. Tugas: How much did she give?

Mr. Icalia: P50, 000.00

Atty. Tugas: What is the purpose of the P50, 000.00?

Mr. Icalia: it served as an earnest money, sir.

Atty. Tugas: After receiving the money, what happened next?

Mr. Icalia: After receiving the money, I did not turn over the vehicle yet because I

had to fix something and then we agreed that after 3-4 days I will

deliver the car.

Atty. Tugas: If there was actually payment, what is your proof?

Mr. Icalia: I issued an acknowledgement receipt.

8/2/2019 steno dec. 5, 2011

5/21

Atty. Tugas: If I will show you an acknowledgement receipt, will you be able to

recognize this?


Atty. Tugas: Im showing to you an acknowledgement receipt, what is the

relationship of this acknowledgement receipt that I am showing to you

to that acknowledgement receipt that you issued?

Mr. Icalia: Thats the one, sir.

Atty. Tugas: Why do you say so?

Mr. Icalia: Thats my penmanship, your honor, and thats my signature.

Atty. Tugas: Upon issuing that acknowledgement receipt to Ms. Aguinaldo, what

happened next?

Mr. Icalia: I delivered the vehicle on Feb. 5.

Atty. Tugas: Where did you deliver it?

Mr. Icalia: In the house of Angelica.

Atty. Tugas: Was Ms. Aguinaldo present at that time?


Atty. Tugas: And what was the reaction of Ms. Aguinaldo?

Mr. Icalia: She was happy, your honor, because I was able to deliver the car.

Atty. Tugas: After delivering the car, what happened next if any?

Mr. Icalia: We had a conversation, your honor, and we tried to agree on how she

will pay the remaining balance.

Atty. Tugas: Aside from you and Ms. Aguinaldo, was there any other person present

at that time?

Mr. Icalia: Yes, your honor. The neighbors of Ms. Aguinaldo

Atty. Tugas: Do you know that certain persons?

Mr. Icalia: No, your honor, I do not personally know those persons.

Atty. Tugas: But you met those persons?

Mr. Icalia: Yes, your honor. They served as witnesses because after we have

transacted the negotiation we executed a deed.

Atty. Tugas: What kind of deed are you referring to?

Mr. Icalia: It was only a deed of conditional sale because I only execute an

absolute deed of sale if the purchase price has been paid in full.

Atty. Tugas: If I will show you that deed of conditional sale, will you be able to

recognize the same?


8/2/2019 steno dec. 5, 2011

6/21

Atty. Tugas: I will show you a deed of conditional sale allegedly executed by Juan

Icalia, how is this related to the one you executed?

Mr. Icalia: that was the deed of conditional sale I executed, your honor.

Atty. Tugas: There is a signature above the name of Juan Icalia, whose signature is

that?

Mr. Icalia: That is my signature.

Atty. Tugas: Your honor, we pray that this conditional sale be marked as Exhibit B.

Judge:Okay. Coc mark it.

Atty. Tugas: Did you understand the contents of this conditional sale?


Atty. Tugas: What did you understand?

Mr. Icalia: That the remaining balance, your honor, will be paid in installment

basis.

Atty. Tugas: How much is the outstanding balance of Ms. Aguinaldo?

Mr. Icalia: On Feb. 5 she gave P50,000.00 as a down payment so she had a

remaining balance of P300,000.00, your honor.

Atty. Tugas: Your honor, may I ask the honorable court to mark the signature of Mr.

Icalia in this document as Exhibit B-1.

Judge:Okay. Mark it.

Atty. Tugas: After the delivery, was there a next meeting if you remember?


Atty. Icalia: When was that?

Mr. Icalia: March 2011.

Atty. Tugas: What happened on that day, Mr. Witness, if you remember?

Mr. Icalia: On that day, your honor, she again paid P50,000.00.

Atty. Tugas: After paying you that P50,000.00, what happened next if there is any?

Mr. Icalia: I issued again an acknowledgement receipt, your honor.

Atty. Tugas: If I will show you an acknowledgement receipt, will you be able to

recognize the same?


Atty. Tugas: How is this document related to the acknowledgement receipt that youexecuted on March 2011?

Mr. Icalia: That is the acknowledgement receipt I executed.

Atty. Tugas: Why do you say so, Mr. Witness?

Mr. Icalia: That is my penmanship and my signature, your honor.

8/2/2019 steno dec. 5, 2011

7/21

Atty. Tugas: Your honor, may I pray that this acknowledgement receipt be marked

as Exhibit C and the signature as Exhibit C-1.

Judge: Mark it.

Atty. Tugas: After March 2011, what happened next?

Atty. Manrique: Objection. Leading question.

Judge: Overruled. He asked what happened next. Continue.

Mr. Icalia: After that, your honor, we again agreed that she will be paying the

next installment the following month.

Atty. Tugas: Aside from the vehicle you delivered to Ms. Aguinaldo, was there any

document which you gave to Ms. Aguinaldo if there is any?

Mr. Icalia: The certificate of registration, your honor.

Atty. Tugas: The certificate of registration of what?

Mr. Icalia: Of the vehicle that I sold to Ms. Angelica.

Atty. Tugas: If I will show you this registration issued by the LTO, will you be able to

recognize the same?


Atty. Tugas: And how is this document related to the one you gave to Ms.

Aguinaldo?

Mr. Icalia: That is the certificate of registration that I gave to Ms. Angelica

Aguinaldo.

Atty. Tugas: Your honor, may we pray that this document, the certificate of

registration, be marked as Exhibit A.

Judge: Mark it, coc. Okay, proceed.

Atty. Tugas: So after giving this document to Ms. Aguinaldo, what happened next if

there is any?

Mr. Icalia: I waited for her next payment, your honor.

Atty. Tugas: When will be that next payment?

Mr. Icalia: April 2011.

Atty. Tugas: What certain date?

Mr. Icalia: April 5.

Atty. Tugas: After April 5, what happened next if there is any?

Mr. Icalia: I was not able to receive any payment, your honor.

Atty. Tugas: What did you do then, if there is any?

Mr. Icalia: I asked her if she is going to pay me, your honor.

Atty. Tugas: And what was her response?

8/2/2019 steno dec. 5, 2011

8/21

Mr. Icalia: She said, you honor, that she will pay the following month.

Atty. Tugas: What was your answer to Ms. Aguinaldo?

Mr. Icalia: I said its okay.

Atty. Tugas: So what happened next after that conversation, if there is any?

Mr. Icalia: Well, she promised again to pay on May but she was not able to pay.

Atty. Tugas: What was your reaction to that statement from Ms. Aguinaldo?

Atty. Manrique: Objection.

Judge: Overruled. So what was the reaction if there was any?

Mr. Icalia: Of course, your honor, I felt bad because I also needed money.

Judge: Why do you need money?

Mr. Icalia: Because one of my siblings is going abroad, your honor.

Judge:Okay. Continue.

Atty. Tugas: So what was the answer of Ms. Aguinaldo to you?

Mr. Icalia: She said, your honor, I will pay. I will pay but she never gave any.

Atty. Tugas: And when will be the next payment?

Mr. Icalia: On June 2011, your honor.

Atty. Tugas: And on that certain day of June, what happened next if there is any?

Mr. Icalia: She did not pay again, your honor.

Atty. Tugas: So you mean Mr. Witness when Ms. Aguinaldo said that she will give on

June you did not receive any?

Mr. Icalia: Yes, Sir.

Atty. Tugas: So what was your next move, if there is any?

Mr. Icalia: I told Angelica that I will sue you before the Barangay.

Atty. Tugas: Why did you say that?

Mr. Icalia: Because I wanted to settle with her, your honor, because if possible I

dont want to bring the matter to the court.

Atty. Tugas: After that demand with Ms. Aguinaldo, what did you do then if there is

any?

Mr. Icalia: I went to the barangay secretary and I told the secretary that I wanted

to talk to Angelica.

Atty. Tugas: After going to the secretary, what was the move of that secretary?

Mr. Icalia: She said that she will call the attention of Ms. Angelica.

Atty. Tugas: Were you able to meet Ms. Aguinaldo in that barangay with the

barangay officials?

8/2/2019 steno dec. 5, 2011

9/21

Mr. Icalia: No, your honor.

Atty. Tugas: Why?

Mr. Icalia: Because she did not like to come, your honor. No matter how much

they call her attention, she did not want to come.

Atty. Tugas: Who told you that?

Mr.Icalia: The barangay secretary.

Atty. Tugas: After that incident, was there any move that you made if there is any?

Mr. Icalia: I decided to file a case because I can no longer wait for her to pay,

your honor.

Atty. Icalia: What case are you referring to, Mr. Witness?

Mr. Icalia: This case, your honor.

Atty. Tugas: Okay. Your honor, I dont have anymore questions to ask.

Judge:Okay. Cross-exam.

Atty. Manrique: Mr. Juan Paolo, are you familiar with my client, Angelica Luisa

Aguinaldo?

Mr. Icalia: Yes, your honor?

Atty. Manrique: How come?

Mr. Icalia: I met her in DTI.

Atty. Manrique: Can I know how did you meet each other?

Mr. Icalia: My friend, your honor, in DTI is a friend of Angelica.

Atty. Manrique: Mr. Juan Poalo, you are saying that you and my client entered into

a contract. That contract is in the custody of the court and you testified

awhile ago that you are familiar with this contract. Am I right?


Atty. Manrique: Who prepared this contract?

Mr. Icalia: Both of us, sir. Me and Angelica.

Atty. Manrique: You mean the two of you typed the contract together?

Mr.Icalia: No, sir. I was the one who typed it but the conditions were agreed

upon by both parties.

Atty. Manrique: So you are telling to me now that you typed the contract. It was

you who prepared the contract.

Mr.Icalia: Yes I typed it, sir.

Atty. Manrique: You printed the contract?

Mr. Icalia: Yes at her house.

Atty. Manrique: Where did you type the contract?

8/2/2019 steno dec. 5, 2011

10/21

Mr. Icalia: In her house, sir.

Atty. Manrique: Where is this house?

Mr. Icalia: At Brgy. 10, Laoag City.

Atty. Manrique: How long do you know Angelica?

Mr. Icalia: I met her January 2011, your honor.

Atty. Manrique: So from this date January, what date did you met my client?

January..?

Mr. Icalia: I cannot remember the date, your honor, but I remember that it is

January.

Atty. Manrique: So from this period of January to February, you are now telling

this court that you went to the house of my client to make the

contract.

Mr. Icalia: Yes.

Atty. Manrique: And how sure are you that that is the house of my client?

Mr. Icalia: Yes, your honor because that is the one she told me.

Atty. Manrique: So you were only taking the word of my client and you did not

know it for a fact that it was really her house.

Mr. Icalia: I trusted her, your honor.

Atty. Manrique: Your honor, if I may borrow the exhibit presented by the counsel

of the complainant.

Judge:What exhibit?

Atty. Manrique: Exhibit B regarding the deed of conditional sale which is in the

custody of the clerk of court.

Judge:Okay.

Atty. Manrique: This was the exhibit you told me that you typed earlier. This is a

deed of conditional sale. Am I right?


Atty. Manrique: This is the contract between you and my client. Am I right?


Atty. Manrique: Mr. Witness, do you know the essence of a contract?


Atty. Manrique: Do you know that a contract needs the consent of two parties?


Atty. Manrique: And you are telling me now that you typed this contract which

you prepared in the house of my client allegedly. And you are also

telling me that you know that there must be consent between the two

of you. Am I right?

8/2/2019 steno dec. 5, 2011

11/21


Atty.Manrique:Your honor, may I manifest that the deed of conditional sale does not

have the name or signature of my client. There is no basis of the claim

of the conplainant because there is no really contract between them.

Atty. Ceredon: Objection. The question is argumentative.

Judge:Sustained.

Atty. Manrique: Mr. Witness, your complaining against Ms. Angelica Aguinaldo,

right?


Atty. Manrique: Do you see any name of Angelica Luisa Aguinaldo in this deed of

conditional sale? Can you see if any?

Mr. Icalia: There is, sir.

Atty. Manrique: Can you see her signature?

Mr.Icalia: Her signature, I can not see any.

Atty. Ceredon: Objection, your honor.

Judge: Your objection is late. The question has been already answered. You can no

longer object to that question. Proceed.

Atty. Manrique: Your honor, may I also manifest the intention to borrow the

Exhibit C, the acknowledgement receipt signed by the complainant in

the custody of the clerk of court.

Judge: In the custody of the court. Okay.

Atty. Manrique: This acknowledgement receipt you told earlier that this is your

name and signature. Am I right?


Atty. Manrique: And for what purpose is this acknowledgement receipt mean?

Mr. Icalia: I am acknowledging her payment for the month of February and March

but they are separate.

Atty. Manrique: your honor, I have not yet ask question.

Mr. Icalia: Okay.

Atty. Manrique: And now you are telling me that this acknowledgement receipt,

what acknowlegement receipt? For the payment of February and

March?

Mr. Icalia: No, sir. For the month of February. One receipt for the month ofFebruary.

Atty. Manrique: For the month of February, Exhibit C. Are you sure?


Atty. Manrique: May I remind you that you are under oath.

8/2/2019 steno dec. 5, 2011

12/21


Atty. Tugas: Objection, your honor. May I request that the legal counsel refrain from

inhibiting the witness.

Judge: No object. Proceed. The counsel is allowed in inhibting the witness.

Atty. Manrique: The purpose of this acknowdlegement receipt is to show that my

client allegedly paid the sum of P50,000.00 for the month of February.

If this acknowledgement receipt issued by you, am I right to say that it

is issued by you?


Atty. Manrique: Then if it is issued by you, shouldnt it be in the possession of my

client?


Atty. Manrique: And how come it is in your possession?

Mr. Icalia: There were two copies, sir.

Atty.Manrique:So you are telling that the document, acknowledgement receipt

submitted in this court was in fact a copy?

Mr. Icalia: Original, sir.

Atty.Manrique:These are two original documents?


Atty. Manrique: So Mr. Witness, you mentioned earlier in your statement that you

met my client and she wanted you to deliver a SUV.


Atty. Manrique: But you failed to deliver a SUV.

Mr. Icalia: No because we agreed that I will deliver to her an Astra since the SUV

is not available.

Atty. Manrique: Can you tell to this court what is the type of this Astra you are

mentioning?

Mr. Icalia: Its a four door car, sir.

Atty. Manrique: And what particular brand does it have?

Mr. Icalia: Astra.

Judge: What Astra? Opel Astra?


Atty. Manrique: Mr. Witness, you told this court earlier that you have been in this

business for a long long time.


Atty. Manrique: And its seems that you are hard enough answering my question

about the type of the car.

8/2/2019 steno dec. 5, 2011

13/21

Mr. Icalia: I am confused on the way you ask question, your honor.

Atty. Manrique: What color is this car you mentioned?

Mr. Icalia: Its like silver, your honor.

Atty.Manrique:And what year do you think this car was issued? What model? Whatyear?

Mr. Icalia: 2009, sir.

Atty. Manrique: And what is the plate number of this car?

Mr. Icalia: The plate number, sir. Ahh.

Atty. Manrique: Your honor,the counsel is tutoring the witness.

Judge: Are you tutoring counsel?

Mr. Icalia: KLF 167, sir.

Atty. Manrique: May I manifest that the witness was tutored, your honor.

Judge:Okay.

Atty. Manrique: You mentioned that you were not able to deliver a SUV. May I

know the particular reason.

Mr. Icalia: Because, sir, there was no longer available SUV. Because there is a lot

of customers who buy SUV.

Atty. Manrique: And you also said earlier that you met with my client in her house.


Atty. Manrique: (..)

Atty. Ceredon: Your honor, may we also manifest that the counsel is taking a long

time in questioning the witness.

Judge: You cannot object on that. You are questioning the credibility of the counsel.

He is not the witness. Proceed.

Atty. Manrique: Mr. Witness, my question related to the deed of conditional sale.

Mr. Icalia: Yes, sir. Okay.

Atty. Manrique: If it was really in the house of my client that you typed this deed

of conditional sale which was printed in her house with my client

allegedly, how come that her name does not appear in this deed of

conditional sale?

Atty. Ceredon: Objection. The question has been already answered, your honor.

Judge: No. Witness, you explain.

Mr. Icalia: Yes, sir. I was the one who typed it and I overlooked that her name

does not appear but when I showed her the document she did not

complain that her name was not written in the said document, sir.

8/2/2019 steno dec. 5, 2011

14/21

Atty. Manrique: You have been in this business for a long long time and yet you

are telling me now that you neglect to place the name of my client in

this alleged deed of conditional sale?

Mr. Icalia: Her name is here, your honor, but her name as a vendee was not

signed by her.

Atty. Manrique: Exactly, Mr. Witness. That is my point. The signature of my client

does not appear in this deed of conditional sale.

Mr. Icalia: Yes, sir. But her name is there..

Atty. Manrique: I did not yet ask question.

Mr. Icalia: Okay, sir.

Atty. Manrique: Your honor, may I manifest the answer of the witness that the

signature of my client, the alegged vendee, does not appear in thedeed of conditional sale which they are using as the basis of this

complaint.

Judge: No you cannot manifest because there is already the document.

Atty. Manrique: That will be all, your honor.

Judge:Any re-direct?

(No answer)

Okay. The witness is excused. Is there any other witness?

Atty. Tugas: Your honor, may I present to this honorable court our second witness,

Anton Jose.

Judge:Okay. Proceed.

What is the purpose of the testimony of the second witness?

Atty. Tugas: To prove, your honor, that there was a deed of conditional sale

executed.

Judge: How come that he knows that?

Atty. Tugas: As the neighbor of the defendant, your honor. He is the one who

witnessed it.

Judge: Have you stipulate on that? That the witness is the neighbor and that he

witnessed the execution of the deed of sale?

Atty. Manrique: It was not stipulated, sir.

Judge: Okay. No problem. Where is the witness? Okay. Proceed.

Coc: Do you swear to tell the truth but nothing but the truth?

Mr. Jose: Yes.

Coc: Mr. Witness, will you please state before this honorable court your name, age,

address, and occupation.

Mr. Jose: I am Anton Jose, single, sef-employed and from brgy. 10, Laoag City.

8/2/2019 steno dec. 5, 2011

15/21

Coc: Your honor, the witness is Anton Jose, single, self-employed and from brgy. 10,

Laoag City.

Atty. Tugas: Your honor, the testimony of the witness is being offered to this

honorable court to prove that a deed of conditional sale has been

executed as witnessed by the witness here and as the neighbor of thedefendant , as identified in the document.

Judge:Is that it?

Atty. Tugas: Yes, sir.

Judge:Okay. Proceed.

Atty. Tugas: Mr. Witness, what is your name again?

Mr. Jose: I am Anton Jose.

Atty. Tugas: May I know where you are residing?

Mr. Jose: I am from brgy. 10, Laoag City, your honor.

Atty. Tugas: Do you know this certain name, Angelica Luisa Aguinaldo?

Mr. Jose: Yes, sir.

Atty. Tugas: Why?

Mr. Jose: We are neighbors, sir.

Atty. Tugas: Do you remember any circumstance that happened on the date ofFebruary 5, 2011?

Mr. Jose: There is, your honor.

Atty. Tugas: Can you tell to this court what was that?

Mr. Jose: Yes, your honor. I remember very well because February 5 is my

birthday and on that day, Angelica asked me to go to their house.

Atty. Tugas: Do you know the reason?

Mr. Jose: Yes, your honor, because its been a long time that she was telling thatshe wanted to buy a car and on that day, she told me that please

come to our house because the car Ive been telling about you is

already in our house so, if you may, please come and be a witness.

Atty. Tugas: And what was your response to the invitation of Ms. Aguinaldo?

Mr. Jose: I said yes, your honor, because I was happy that she was able to buy

the car that she wanted and I am happy that she already achieved

what she aspired for.

Atty. Tugas: So when you went to the house of Ms. Aguinaldo , was she around?

Mr. Jose: Yes, your honor, because she was the one who called me to go to their

house and, in fact, our house and their house is just in front of each

other.

Atty. Tugas: Aside from Ms. Aguinaldo, was there any person around on that day?

8/2/2019 steno dec. 5, 2011

16/21

Mr. Jose: Yes, your honor, I remember because there were four of us who were

there during that time and I remember that there is this peron named

Juan and the friend of Juan who is Paolo.

Atty. Tugas: How sure are you that this certain Paolo is the vendor of that vehicle?

Mr. Jose: Angelica introduced me to Paolo because they were aleady there in

their house when we arrived.

Atty. Tugas: And after meeting this guy, Paolo, what happemned next if there is

any?

Mr. Jose: During that time they have to agree on the mode of payment which

Angelica may be having but Angelica said she cannot pay the said

vehicle in just one payment so they transacted on how she will pay the

vehicle in installment.

Atty. Tugas: So where did you get that information, Mr. Witness?

Mr. Jose: We were already inside the house because we are going to be

witnesses on the said sale to be made between Paolo and Angelica.

Atty. Tugas: I am going to show you a document which is the deed of conditional

sale, do you recognize this document?

Mr. Jose: Yes, your honor.

Atty. Tugas: And there appears a printed name, Anton Jose, and above it is a

signature. Whose signature is that?

Mr. Jose: My signature, your honor.

Atty. Tugas: Your honor, may I pray that the signature of Mr. Anton Jose in this deed

of document be marked as Exhibit B-2.

Judge:Okay. Mark it.

Atty. Tugas: Mr. Witness, after signing the deed of conditional sale, di you see the

object of the contract?

Mr. Jose: Yes, your honor. The vehicle.

Atty. Tugas: You are referring to what kind of vehicle?

Mr. Jose: I know that, your honor, because I always see that vehicle in her

house. Its a four-door silver car, your honor.

Atty.Tugas: do you have any information where that came from?

Mr. Jose: Yes, your honor. The vehicle was brought by Paolo.

Atty. Tugas: So you are referring to the Astra car?

Mr. Jose: Yes, sir. Its an Astra which I have been hearing from them.

Atty. Tugas: Are you close with Ms. Aguinaldo?

Mr. Jose: Yes, your honor, because we have been friends and neighbors for a

long time and our houses are just between a street.

8/2/2019 steno dec. 5, 2011

17/21

Atty. Tugas: You mentioned that you have been friends, so you are referring to

close friends?

Mr. Jose: Yes, your honor, because our houses are near to each other and weve

been together for a long time. In fact, they are my customers because

I have a sari-sari store.

Atty.Tugas: So Mr. Witness, you consider Ms. Angelica as your close friend in your

brgy.

Mr. Jose: Yes, sir.

Judge: That has been already answered.

Atty. Tugas: Did Ms. Aguinaldo confide you any problems? If there is any.

Mr. Jose: Yes, your honor, because ever since she purchased the vehicle she

told me that her salary in DTI is not enough to augment her dailyneeds. In fact, she said that she was not able to save some for the

installment payment of the vehicle she purchased.

Atty. Tugas: So what happened next after you signed in the document? If there is

any.

Mr. Jose: She offered us something for snack, your honor.

Atty. Tugas: Did you happen to talk with this certain Paolo?

Mr. Jose: Yes,your honor, because we even had snacks together and when we

were introduced, we shook hands together.

Atty. Tugas: And after that what happened next?

Mr. Jose: After we signed our name as witnesses, your honor, and we had a

little chat together. After that I already bid goodbye because I have

already done my part as a witness.

Atty. Tugas: After that meeting, do you remember the last time you saw that car?

Mr. Jose: Yes, your honor. In fact, just this morning I saw the car parked in

thehouse of Angelica.

Atty. Tugas: Why did you saw it?

Mr. Jose: I can always see the car because the car is parked in front of their

house and even if I dont intend to look at the car, I can always see the

car because its parked in front of her house.

Atty. Tugas: Aside from this car that you see regularly being parked at the house of

Ms. Aguinaldo, do you see other cars being parked in their house?

Mr. Jose: None, your honor, because it is the only car in their house.

Atty. Tugas: Are you sure?


Atty. Tugas: Your honor, im done with the witness.

Judge:Okay. Any cross?

8/2/2019 steno dec. 5, 2011

18/21

Atty. Manrique: Yes, you honor.

Mr. Witness, you mentioned a while ago that you are close with my client.


Atty. Manrique: And that you have been friends for a long long time.


Atty. Manrique: And that you have been neighbors also for a long long time.


Atty. Manrique: How long have you been friends?

Mr. Jose: Since birth, your honor, I saw already Angelica because she is ahead to

me, because I am younger than her.

Atty. Manrique: So you were friends since birth.


Atty. Manrique: you were family friends with her family.


Atty. Manrique: You mingle well.


Atty. Manrique: There is no problem between you and her family.

Mr. Jose: There is no, your honor. There is no problem as far as I know.

Atty. Manrique: So you are very close and there is no problem with your families.

So if there is an occasion in their house, you will go in their house.


Atty. Manrique: And if there is an occasion in your house, she will come in your

house.


Atty. Manrique: Mr. Witness, do you know the birthday of my client?

Mr. Jose: I know, your honor, that her birthday is that.., however she celebrate it

not on the exact date.

Atty. Manrique: That is not my question. I asked do you know or you do not know.

Please answer my question.

Atty. Tugas: Objection.

Judge: Overruled. Answer the question Witness. Do you know the birthday of the client

thereof? Do you know?

Mr. Jose: Yes, your honor. I know because..

Atty. Manrique: And what is the birthday of my client, if you really know.

8/2/2019 steno dec. 5, 2011

19/21

Mr. Jose: January, your honor, but I dont know the exact date because she

celebrates it on different dates.

Atty. Manrique: Mr. Witness, if you are close with my client and you are friends,

you are neighbors for a long long time, do you know if my client has

siblings?

Mr. Jose: I know, your honor, that she has no siblings. She is the only child.

Atty. Manrique: Do you also know how many children my client has?

Atty. Tugas: Objection, your honor.

Judge:Why?

Atty. Tugas: The question is argumentative.

Judge: No. And he is on cross. Continue.

Atty. Manrique: How many children, Mr. Witness, does my client have?

Mr. Jose: I do not know, your honor. What I know is that there seems a child that

is adopted who is residing in their house.

Atty. Manrique: So you are telling now to this court that you do not know anything

about the children of my client and yet you have been friends and

neighbors for a long long time.

Mr. Jose: Yes, your honor, because we are not sure wether or not the child is

adopted. Its because they are trying to keep it as a secret from us,their neighbors, because they do not want to offend the child.

Atty. Manrique: And this child you are talking about, is it a boy or a girl?

Mr. Jose: Its a girl, your honor.

Atty. Manrique: And have you attended any birthday of this girl you are

mentioning?

Mr. Jose: Not yet, your honor, because when they celebrate the birthday of this

child, they go to a different reception and because of my sari-sari

store, I cannot attend.

Atty. Manrique: Or is it because the resident is not really brgy.10 but brgy. 15 that

is why you cannot attend.

Mr. Jose: No, your honor, because the child is very special so they make it a

point to celebrate the birthday in a different reception or venue.

Atty. Manrique: What do you mean by special? Is this autistic?

Mr. Jose: No, your honor, because the child is special in a way that because she

is adopted and the reason why they celebrate the birthday in different

reception or venue is that they want to expose the child in a different

environment.

Atty. Manrique: Is their child studying?

8/2/2019 steno dec. 5, 2011

20/21

Mr. Jose: No. Not yet, your honor, because the child is only four years old and

they havent placed her in a prep school because there is actually a

characteristic of this child and she is unsocialized.

Atty. Manrique: So you are telling this court that the child is four years old.

Atty. Tugas: Objection. Your honor, the questions are irrelevant.

Judge: Overruled. He is on cross. Proceed.

Atty. Manrique: You admitted that the child is four years old?


Atty. Manrique: So if you have been a long friends with my client since birth and

her family are close friends of yours, what do you call my clients

father?

Mr. Jose: I call himApo because it is the term for respect to elders. That is why

we call him Apo, you honor.

Atty. Manrique: But if you are close with the family of my client, are you familiar

with her fathers name as called by your other neighbors?

Mr. Jose: What I know, your honor, is Apo. They call him Apo Aguinaldo

because its the one I have been hearing from them.

Atty. Manrique: How about her mother? Do you know the mother of my client?

Mr. Jose: They call her Inang Aguinaldo.

Atty. Manrique: Did you went to the same school with my client?

Mr. Jose: No, your honor, because we are poor and they are more capable. That

is why we call them Apo and Inang.

Atty. Manrique: I am asking if you went to the same school.

Mr. Jose: No, your honor.

Atty. Manrique: So where did you study in elementary?

Mr. Jose: In Central Elementary School, your honor.

Atty. Manrique: And do you know where my client studied in elementary?

Mr. Jose: I cannot remember the exact name of the school, your honor, but she

studied in a private school.

Atty. Manrique: Thats all, your honor.

Judge:Okay. Any re-direct?

Atty. Tugas: Yes, sir.

Mr. Witness, what kind of friends are you with Ms. Aguinaldo?

Mr. Jose: We are close friends and close neighbors, your honor.

Atty. Tugas: To what extent of friendship do you have?

8/2/2019 steno dec. 5, 2011

21/21

Mr. Jose: We are close friends because everytime we greet each other, we say

hi and good morning to each other.

Atty. Tugas: Is she your only friend in your brgy.?

Mr. Jose: No. I have a lot of friends in our brgy. because I have a store and so I

have time to talk with them whenever they come in my store to buy.

Atty. Tugas: Was there a time that you have a conflict with Ms. Aguinaldo?

Mr. Jose: No. I cannot remember anything that we have misunderstand with

each other.

Atty. Tugas: Not even any conlict?

Mr. Jose: None, you honor.

Atty. Tugas: May I know your religion?

Mr. Jose: Im a Roman Catholic.

Atty. Tugas: Do you go to church?

Mr. Jose: Yes and I attend the first mass in the morning because I have a store

which I open after attending the mass.

Atty. Tugas: No more question, your honor.

Judge: Okay. Any other witnesses? The witness is excused.

Atty. Tugas: your honor, may we preesent the other witness next hearing?

Judge: Who are the other witnesses?

Documents

steno dec. 5, 2011