Sales Lady

Direct Examination

ATTY: The 2nd witness for the defense is being offered to show that there was indeed a subsequent
agreement between the parties .

*witness to the witness stand*

CLERK: Do you swear to tell the truth, the whole truth and nothing but the truth

Witness: Yes, I do

CLERK: Please state your name and residence.

Witness: I am Maica Rodrigueza, a resident of Bitano, Legazpi City

-----START OF DIRECT EXAMINATION----

Q: How are you related to the defendant?

A: I am the saleslady of his store.

Q: How long have you been an employee of Mr. Orlina?

A: 3 years

Q: Is the defendant a good employer?

------------- Objection------------ irrelevant
------------Sustained------------

Q: On the day of November 8, 2018 where were you?

A: I am at Starbucks in Ayala Mall.

Q: Who were with you at Starbucks?

A: I am with my boss.

Q: What were you two doing at Starbucks?

A: We are reconciling some documents in compliance with BIR.

Q: Is there anything else that occurred on that day you remembered?

A: I remembered Mr. Lupo entered the store.

Q: How do you know Mr Lupo?

A: He was a customer of the hardware where im working

Q: After Mr. Lupo entered the store, what happened next?

A: My Boss, saw him and approached him on his table.
Q: Were you able to hear what they were talking?
A: Yes

Q: Can you tell the court what did you hear?

A: At first they were just casually talking casually then I heard that they were talking about the delivery
of certain construction materials on November 30, 2018.

Q: Is there anything else they were talking about?

A: They were also discussing that in case of failure of delivery caused by a fortuitous event, the contract
will automatically be rescinded.

Lawyer: Nothing further your honor.

Judge: Plaintiff’s Counsel, would you like to cross-examine the witness?

Atty: Yes your honor

-----Cross Examination-----

Q: Isn’t it you said that you were the saleslady of Mr. Orlina?
A: Yes

Q: You also stated that you have been employed with him for 3 years?
A: Yes

Q: You also stated that on November 8, 2018, you, together with your boss were in Starbucks.
A: Yes.

Q: That you two were reconciling documents for the BIR, is that correct?
A: Yes

Q: Isn’t it that tax related matters must be taken action by the accountant of an establishment?
A: Yes

Q: Is it also true that you are the mistress of Mr. Orlina?

--------------------Objection-------- irrelevant and degrading

Q: Where were you and Mr. Orlina sitting at the starbucks?

A: At the back part of the store.

Q: You also stated that upon entering of Mr. Lupo, Mr. Orlina approached him and that they started
talking.
A: Yes

Q: How far were you from the area they were talking?
A: About 3 tables away from them
Q: Do the place play any music?
A: Yes

Q: Do you remember what genre of music they were playing?

A: They were playing Jazz Songs

Q: Is the place crowded?

A: A little bit.

Q: With that distance and with music playing, are you able to clearly hear the discussion of Mr. Winston
and Mr. Lupo
A: I only heard some parts of the conversation.

Q: Then how can you be sure that they agreed that in case of failure of delivery caused by fortuitous
events, the contract will automatically be rescinded.
A: *Pause 3 secs. Mag iisip kunwari* Because my boss repeated to me what they have discussed.

Atty: No further questions your Honor.

Daughter
Direct Examination

ATTY: The 2nd witness for the plaintiff is being offered to show that there was no such verbal
agreement that took place between the parties.

*witness to the witness stand*

CLERK: Do you swear to tell the truth, the whole truth and nothing but the truth

Witness: Yes, I do

CLERK: Please state your name and residence.

Witness: I am Jam Lupo, a resident of Lot 6 Block 3, Central City Subdivision, Legazpi City

Q: How are you related to the plaintiff?

A: I am the daughter.

Q: How old are you?

A: 19 years old

Q: Do you know why you are here?

A: Yes

Q: Why are you here?

A: Because my father told me to come.

Q: Did your father tell you why you need to come?

A: Yes, he told me that I going to testify in this case.

Q: On the day of November 8, 2018, where were you?

A: My father and I went to Ayala Mall Legazpi.

Q: Were exactly in Ayala Mall?

A: We went to the department store and we took our snacks in Starbucks.

Q: So you went to Starbucks, is there anything that happened in there?

A: My father was approached by a man and they started talking.

Q: Do you recognize the man that he is talking?

A: Yes, he is Mr Dexter *points at Mr Orlina*

Q: What were you doing when your father and Mr Orlina were talking?
A: I was just using my phone.
Q: What were they talking about?
A: I heard that they were talking about politics. They were talking about who will they vote as senators
this coming election.

Q: How long did Mr Orlina stay on your table?

A: I think it was around 10 mins

---Cross Examination---

Q: You stated that you are the daughter of the Mr. Lupo
A: Yes

Q: You said that you were with him when he went to Starbucks.
A: Yes.

Q: You also stated that he was approached by a man?

A: Yes

Q: Is that man *pointing at Mr. Orlina* this man?

A: Yes

Q: You said earlier that your father asked you to come here to testify?
A: Yes

Q: Did he mention something that you should say while testifying?

A: *wait for 2 seconds* Yes sir.

Q: What is it?
A: He told me that I should testify on what really happened last November 8 on Starbucks.

Q: Do you know that the law punishes those who falsely testify in the court?
A: Yes sir.

Q: Isn’t it true that your lawyer told you what your answers to my questions should be?
A: Yes, he told me to answer all your questions truthfully, but to listen carefully to your questions
because they might be confusing. He also told me not to let you put words in my mouth. I was told not
to guess if I was not sure, but to tell the truth and say I was not sure.

Q:

Q: You said earlier that you were using your phone while your father and the defendant were talking?
A: Yes sir

Q: So you will agree with me that you are not fully paying attention as to what your father and Mr.
Orlina are talking about since you’re busy with your phone?
A: *wait for 2 secs* I heard them talking about their preferred senatorial candidates

Q: Ms. Witness, the question is answerable by yes or no. Do you agree that you are not fully paying
attention while your father and Mr Orlina were talking since you’re busy with your phone?
A: Yes, I agree.

That is all your Honor.