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Reckless Imprudence Resulting in Homicide

This document summarizes a court proceeding where a witness is testifying on behalf of the accused. The witness affirms that he is the accused. He identifies and confirms the contents of his 10-page judicial affidavit that denies the criminal allegations and provides his account of the incident. Under cross-examination, the witness maintains that he did not leave anything out of his affidavit and clarifies some details around being brought to the police station after the incident.

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2K views4 pages

Reckless Imprudence Resulting in Homicide

This document summarizes a court proceeding where a witness is testifying on behalf of the accused. The witness affirms that he is the accused. He identifies and confirms the contents of his 10-page judicial affidavit that denies the criminal allegations and provides his account of the incident. Under cross-examination, the witness maintains that he did not leave anything out of his affidavit and clarifies some details around being brought to the police station after the incident.

Uploaded by

anne
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 4

FISCAL Good morning, Your Honor, respectfully

appearing for the State.

ATTY.: As private prosecutor, Your Honor. Good


morning.

ATTY.: Respectfully appearing as counsel for the


accused. We are ready to present our
witness, Your Honor.

COURT: Call on witness

INTERPRETER: (Swearing the witness.) DO YOU SWEAR TO


TELL THE TRUTH, THE WHOLE TRUTH
AND NOTHING BUT THE TRUTH IN THIS
PROCEEDING?

WITNESS: Yes, Maam.

INTERPRETER: Please sit down and kindly state your name,


address and other personal circumstances.
The witness is:. The witness is ready, Your
Honor.

DIRECT EXAMINATION

ATTY.: The witness, Your Honor is the accused


himself. His testimony is offered to prove that
he is innocent to the herein accusations; that
in the operation of the truck on the incident, he
exercised extra-ordinary diligence; that the
incident resulted due to the force employed by
the security guard assigned in the Capitol
Parish; that the vehicle was stuck in the
entrance gate of the Capitol Parish.

COURT: (to Atty.) Are those stated in the affidavit? Just


simplify your offer.

ATTY.: The witness testimony is being offered to


deny the criminal allegations. He will also
identify his Judicial Affidavit in lieu of his
testimony. May I proceed, Your Honor.

Page 1 of 4
COURT: (to Atty. ) Any objection to the offer?

ATTY.: No objection, Your Honor.

ATTY.: Mr. Witness, are you the accused

A: Yes, Sir.

Q: In connection with this case, can you recall


having executed a Judicial Affidavit?

A: Yes.

Q: If this Judicial Affidavit will be presented to


you, will you be able to identify it?

A: Yes.

ATTY.: Showing to you this Judicial Affidavit.

COURT: Consisting of how many pages?

ATTY.: Ten (10) pages, Your Honor, already attached


to the record of this case but without yet page
number. Mr. Witness, kindly go over this and
tell the Court if this is the Judicial Affidavit you
executed.

WITNESS: This is the Judicial Affidavit I made.

Q: On page 9, there is a signature on top of the


name. Whose signature is that?

A: Thats my signature.

Q: Before you signed this affidavit, were you able


to read it?

A: Yes, Ive read it.

Q: Did you understand the contents of this


affidavit?

A: Yes.

Q: Do you affirm and confirm the truthfulness of


all the statements you made in this Judicial
Affidavit?
Page 2 of 4
A: Yes.

ATTY.: That would be all for this witness, Your Honor.

COURT: No documentary evidence?

ATTY.: None, Your Honor.

COURT: Cross examination.

ATTY.: Yes, Your Honor. May I proceed, Your Honor?

COURT: Your witness, proceed.

CROSS EXAMINATION

ATTY.: Mr. Witness, is there anything that you wish to


add to your Judicial Affidavit?

A: Nothing.

Q: So, you dont think that you left out any


important thing that could have been
mentioned in your affidavit?

A: Yes.

Q: Mr. Witness, do you affirm that you were


brought to the Cebu City Police Station right
after the incident?

A: We went to the CITOM Office.

Q: And that was shortly after the incident?

A: After the incident, same night.

Q: At that time when you arrived at the police


station, no relative of the victim came to the
police station that night?

A: Not that I know of.

Page 3 of 4
Page 4 of 4

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