Script of The Proceeding

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SCRIPT OF PRE-HEARING CONFERENCE

COURT INTERPRETER: All rise! The court is now in session! Silence is


hereby enjoined! The Honorable Leo Giron,
Presiding!

JUDGE: Good morning! Call the case.

INTERPRETER: Administrative No. 2022-8, DEPARTMENT OF


ENVIRONMENT AND NATURAL RESOURCES and PONCIANO N.
DEMALASI Versus CLAUDIO D. MAKUNTENTO, JR., respondent for
SERIOUS DISHONESTY, GRAVE MISCONDUCT AND CONDUCT
PREJUDICIAL TO THE BEST INTEREST OF THE SERVICE, WITH
PREVENTIVE SUSPENSION, in violation of the 2017 Rules on
Administrative Cases in the Civil Service

COURT: Appearances.

Alex: Good morning Your Honor! Pros. Alexandra Aborita,

SHAIRA: and Prosecutor MA. SHAIRA CADIZ

ALEX: respectfully appearing for DENR and Ponciano Demalasi.

DEFENSE COUNSELS: Good morning Your Honor, Atty. A, Atty. B, and


Atty. C, respectfully appearing for the accused,
Your Honor!

COURT: Is the prosecution ready?

Alex: Yes, Your Honor!

COURT: All right. Call your witness to the witness stand.

Alex: May I call to the witness stand, Angie Locsin.

COURT: To the witness stand. (Angie will approach the witness stand)

COURT: Swear in the witness.

COURT INTERPRETER: (To Angie) Please raise your right hand. Do you
swear to tell the truth, the whole truth and
nothing but the truth in these proceedings.
WITNESS Angie: Yes, I do swear.

COURT INTERPRETER: Please state for the record your name, age,
residence, status and employment.

WITNESS ANGIE: I am Angie Locsin, 35 years old, single, administrative


officer of DENR and a resident of Palo, Leyte.

COURT INTERPRETER: The witness Your Honor is Angie Locsin, 35


years old, single, administrative offier of DENR
and a resident of Palo, Leyte.

COURT: Your witness, Pros. X

DEFENSE: Before the prosecutor starts conducting his direct


examination, may we know if there is/are other witness/es
inside the courtroom your Honor and move for their
exclusion.

Alex: We have no other witness inside the courtroom.

COURT: All right, you may now proceed.

Alex: Thank you, Your Honor! Your Honor please, may I be allowed to
utilize the Judicial Affidavit of the witness which is
now attached to the record, as his direct testimony
subject to additional question.

COURT: What can you say, Atty. X

DEFENSE: N objection, Your Honor.

Alex: The testimony of this witness is hereby offered to prove the


following matters of fact:

1. That she is a co-worker of Claudio D. Makuntento Jr.;


2. That she knew Claudia D. Makuntento as the twin sister of Claudio
D. Makuntento Jr. who took the Civil Service Exam;
3. That she overheard Claudio D. Makuntento Jr. while calling
someone on the phone persistently demanding P20,000.00;
4. That she overheard that he is giving the man on the phone until
May 27, 2022 to pay or else he will kill him and his family ;
5. Such other matters relevant and material to the allegations in the
Information.

COURT: Any comments/objections, defense counsel.

DEFENSE: None, Your Honor. Subject to cross-examination.

Alex: May I now proceed, Your Honor!

COURT: (To the Prosecutor) – Proceed

Alex: (Start of the direct-examination)

Q: Ms. Angie, good morning.


A: Good morning.

Q: In relation with this case, do you recall having executed a


judicial affidavit?
A: Yes, Maam

Q: If that Judicial Affidavit is shown to you, would you be able to


identify the same?
A: Yes, Maam

Q: I am showing you a Judicial Affidavit of one Angie Locsin, please


examine the same and tell this Honorable Court what relation does
it have to the judicial affidavit you just mentioned.

(Alex will approach the Angie and show the judicial affidavit)

COURT INTERPRETER: Your Honor, the witness is examining a Judicial


Affidavit of one Angie Locsin which is found on
page 50 of the record.

A: This is the one, Maam.

Q: This affidavit consists of 4 pages and on the fourth page, there


is a signature appearing above the printed name ANGIE LOCSIN,
whose signature is that?

A: That is my signature.
Q: There is also a signature appearing above the printed name,
Pros. Icy Dacer whose signature is that?
A: That is the signature of Pros. Icy Dacer before whom I
subscribed this judicial affidavit at the Tacloban City Prosecutor’s
Office.

Q: Did you understand the contents of your judicial affidavit?

A: Yes, Maam because they were translated and explained to me by


Atty. Aborita and Pros. Icy Dacer.

Q: Do you confirm and affirm the truthfulness and veracity of all


your declarations in your judicial affidavit?

A: Yes, Maam.

Alex: That is all, Your Honor. I now tender the witness to the defense for
cross-examination.

(cross examination)

COURT: Pros. Alex, do you have re-direct examination?

Alex: None, Your Honor! Ah… Your Honor, may we propose for
stipulation from the defense the following:

COURT: All right, you formalize your proposal and let us hear from the
defense what would be its comment thereon.

Shaira: Your Honor, the prosecution respectfully requests for stipulation


from the defense, the following:

1. The existence, and authenticity of the Computer Generated Civil


Service Exam Result.

COURT: Any comment, defense?

DEFENSE: Stipulated, Your Honor with the counter-proposal for


stipulation from the prosecution that …….

Shaira: Your Honor please, since we have no more witness to present


considering the stipulation entered into by this
representation and the defense, we will now formally
offer orally, the prosecution’s documentary evidence.

COURT: Proceed.

Shaira: Thank you, Your Honor.

Exhibit “A” which is found on page 10 of the record is hereby


offered to prove that Mr. Claudio D. Makuntento is
not in the list of the Civil Service Exam Passers and
does not have any eligibility.

COURT: Comment?

DEFENSE: ---

Exhibit “B” which is found on page 11 of the record is hereby


offered to prove that Mr. Claudio D. Makuntento
submitted false entries in his Personal Data Sheet.

COURT: (After the last exhibit) With the rulings on the prosecution’s oral
formal offer of exhibit, the prosecution is now declared to have
rested its case as of today.

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