Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 4

FOR PURPOSES OF OUR MOCK TRIAL ONLY

HOW TO PRESENT A WITNESS:

Court: Defense Counsel, present your witness:

Defense: May I call Ms CHARA RAT as the defense counsel witness.


(At this point, the witness will approach the testifical chair/witness stand, and before he sits down, the Clerk of
Court/Interpreter will let the witness swear)

Court Interpreter: Ms. Witness, do you swear to tell the truth, the whole truth and
nothing but the truth, so help you God?
Witness: Yes, I do.
(At this point, the Interpreter will get the personal circumstances of the witness)

Interpreter: Ms. Witness, what is your full name, CHARA RAT


your age: 38 years old;
your civil status: single;
your highest educational background: 3rd year Highschool ;
(At this point the Interpreter will state loudly the personal circumstances of the witness. After this, the Court will
say)

Court: Your witness


(Prosecutor will now start to offer the testimony of the witness)

DIRECT EXAMINATION

Question 1: What is your participation in this case?

Answer 1: I am the accused in this case.

Question 2: What is your connection to the complainant?

Answer 2: We are neighbors.

Question 3: On the 15th day of September 2023, during the fiesta celebration in Brgy. Labangon, were
you present at the event?

Answer 3: Yes, I was present at the fiesta celebration in Brgy. Labangon on that date.

Question 4: The information alleges that you willfully exposed a photo of a private conversation
between CHERRY RED and MOKANG SANTOS. Did you commit such an act?
Answer 4: No, I did not. I categorically deny the allegation that I exposed any photo of a private
conversation between CHERRY RED and MOKANG SANTOS.

Question 5: Were you in possession of any device capable of taking or exposing photos during the fiesta
celebration?

Answer 5: Yes, I had my smartphone with me, but I did not use it to expose or distribute any photos of
private conversations.

Question 6: Do you know of any reason or motive why someone might falsely accuse you of committing
this offense?

Answer 6: I am not aware of any reason or motive for such false accusations. I have no personal issues
or conflicts with the individuals involved.

Question 7: Were you accompanied by anyone during the celebration who can attest to your actions and
whereabouts?

Answer 7: Yes, I was with my friend Christine throughout the fiesta celebration. She can testify that I did
not commit the alleged act.)

Question 8: Regarding Exhibit B, the copy of your phone records, can you explain how it supports your
defense?

Answer 8: The phone records indicate that there was no unauthorized access or distribution of any
photo during the fiesta celebration, supporting my claim of innocence.

Question 9: What do you believe is the strongest piece of evidence that can prove your innocence in this
case?

Answer 9: I believe the strongest evidence is the testimony of Christine, who was with me during the
entire celebration and can confirm that I did not commit the alleged act.

Question 10: Is there anything else you would like to add or clarify regarding the events on that day?

Answer 10: I maintain my innocence, and I am confident that the evidence and testimony presented will
support my case during the trial.

defense: In relation to this case, do you recall having executed a counter affidavit?
Chara : Yes, maam.

Defense: I am showing to you this judicial affidavit of Chara Rat, kindly examine this and tell the Court
what relation has this to the counter affidavit you mentioned earlier?
Chara : This is the judicial affidavit that I executed.
Defense: There is a signature above the name of Chara Rat, whose signature is this?
Chara: This is my signature.

Defense: There is a signature above the name Atty. Wieser C. Esma, do you know whose signature, this
is?
Chara : This is the signature of Atty. Wieser C. Esma

Defense: Your Honor, the Counter Affidavit of Chara Rat had been marked as Exhibit A during the Pre-
trial, and the signature of the witness Chara Rat was sub-marked as Exhibit A-1 and the signature of the
notary public Atty. Wieser C. Esma as Exhibit 1-B.

Defense: That would be all your Honor.

Court: Cross Examination by the defense counsel..


(At this time, the prosecution will now start the CROSS EXAMINATION).

CROSS-EXAMINATION OF CHERRY RED

Defense Counsel: Good [morning/afternoon/evening], Ms. Red. I understand this may be a difficult time
for you, but I appreciate your cooperation.

(Cherry Red is sworn in.)

Defense Counsel: Ms. Red, during the fiesta celebration on the 15th day of September, 2023, did you
have any knowledge of the presence of Chara Rat at the event?

Cherry Red: Yes, I was aware that Chara Rat was at the fiesta celebration.

Defense Counsel: Prior to the fiesta celebration, did you have any interactions or conversations with
Chara Rat?

Cherry Red: No, there were no significant interactions or conversations between us.

Defense Counsel: Ms. Red, you mentioned feeling violated and embarrassed by the exposure of the
private conversation photo. Can you clarify whether this photo was taken with your knowledge or
consent during the previous event?

Cherry Red: I was not aware of the photo being taken, and I certainly did not give my consent for it to be
taken or shared.

Defense Counsel: Is it possible that during the previous event where the photo was taken, you were
engaged in a public conversation that could be observed by others?

Cherry Red: It's possible, but the nature of the conversation was private, and I did not expect it to be
photographed and shared.

Defense Counsel: Ms. Red, did you take any steps to ensure the privacy of your text conversation with
Mokang Santos during the previous event?

Cherry Red: I didn't take specific steps, but I had a reasonable expectation of privacy in our text
conversation.

Defense Counsel: Were there any visible signs or indications that the conversation was private and not
meant for public observation during the previous event?

Cherry Red: No, there were no visible signs. It was a typical text conversation.

Defense Counsel: Ms. Red, did you have any reason to believe that Chara Rat had malicious intent in
sharing the photo?

Cherry Red: I can't speak to her intent, but the act of sharing a private conversation without consent is
inherently harmful, regardless of intent.

Defense Counsel: Thank you, Ms. Red. I appreciate your responses. No further questions, Your Honor.

You might also like