00:00You want to proceed with the next witness first before doing your cross?
00:04Yes, Your Honor.
00:06We'll allow that.
00:06Your Honor.
00:07Attorney Linden?
00:09We would oppose that, Your Honor.
00:11It's unprocedural and the defense would construe that as a waiver of the right to cross-examine.
00:17Your Honor, may I respond?
00:18That is rich considering from the good counsel because it seems that he has forgotten that he did exactly the
00:25same thing
00:26when he was cross-examining the RDs presented by the prosecution.
00:30On the same ground that because the witness, the Register of Deeds, presented new documents,
00:37he asked that he be given time to peruse these documents first
00:41and that the cross-examination be conducted after the lunch break.
00:45We're only asking for the same treatment, Your Honor.
00:48Your Honor.
00:49What is the pleasure of Senator Judge Rafi before Attorney Linden?
00:55Mr. Presiding Officer, mayigit isang oras na tayo rito, pinag-uusapan natin,
01:00tapos 370 square meters lang.
01:03Meron akong suggestion sana.
01:05Yung din-eclare ni VP Sara sa kanyang sal-end sa Davao,
01:10yung pinag-uusapan, sa Matina ba yun?
01:12Barangay 70 sa crossing, Matina Crossing.
01:16What if isabpina natin yung title na yun?
01:19And then, yung title na pinag-uusapan natin ngayon na sinasabi niya may tax declaration,
01:24pagbabanggay na lang natin para shortcut.
01:28We have it in evidence, Senator Judge Rafi.
01:32The title is with us, identified by both parties.
01:35So we have the title dun sa diniklara ni VP Sara sa kanyang sal-end versus sa title
01:41na pinag-uusapan natin ngayon na tax declaration.
01:45According to the witness, it's one and the same, Senator Judge Rafi.
01:48So pagbambanggay na natin, kung nagkakatugma, then tapos sa usapan.
01:52Kung hindi magkatugma, then tuloy natin yung usapan.
01:55Kasi ibig sabihin, misdeclared.
01:57Am I right?
01:59Otherwise, abutin tayo dito hanggang hapon,
02:01dahil lamang sa 370 square meters na rupa.
02:04Maraming salamat po.
02:05Julie noted, Senator Judge Rafi.
02:08Yes, Attorney Lyndon, before the chair makes a ruling.
02:10Can I just quickly respond, Your Honor?
02:13The situation is different considering that the defense was not the one who asked
02:18that another witness be presented prior to the cross-examination, Your Honor.
02:25In this case, it is the counsel for the prosecution who is asking that, Your Honor.
02:30It was not proposed by the defense.
02:33Rather, that was the procedure taken by the court,
02:37but it was not requested by the defense, Your Honor.
02:39So, it's a different...
02:42The chair will therefore make a ruling, Attorney Lyndon.
02:46But before the chair makes a ruling,
02:48approximately how many minutes?
02:49Will you be still the same counsel to handle engineer enumerables?
02:55Attorney Tulosa?
02:56Yes, Your Honor.
02:57As well as the punong barangay, if they'll also present her today.
03:01So, how will you prepare for Attorney, Engineer Jimmy, if you're the one also to stand?
03:08Sorry.
03:08During the lunch break, Your Honor.
03:11I'm sorry?
03:12During the lunch break, because we think if we will proceed to the next two witnesses,
03:17once we're done, it will be in time for the lunch break.
03:19Perhaps only until the city assessor of the island garden city of Samal.
03:28Otherwise, you will have to proceed with the accountant, Attorney Tulosa, right after the wreck.
03:37We will not force the three witnesses to be finished before lunch, Attorney Tulosa.
03:42So, I'm telling you already.
03:42Yes, Your Honor.
03:44The chair is willing to call engineer enumerables on the wreck, but only until there.
03:52And then you will have to do your cross for both.
03:56Sequentially, thereafter, we will call on the city accountant of Davao, whether before or after lunch.
04:01We submit your.
04:03Attorney Linden?
04:06Would you respect to this Honorable Court?
04:09I think it seems that the prosecution is somehow dictating how the defense would want to present its evidence, Your
04:23Honor.
04:24So, we would actually request this Honorable Court to conclude with the examination of engineer enumerables,
04:38whether it be with the cross-examination of the counsel for the prosecution or not, Your Honor.
04:45Is this a motion for reconsideration, which is obviously not allowed, Your Honor?
04:50The court has not yet made a ruling.
04:52The court may at least stated its intention.
04:54So, kindly wind up, Attorney Linden, with respect to your manifestation.
05:05If they need time to cross-examine the engineer, Adeline, then they could simply ask this Honorable Court,
05:14but not compel us, so to speak, to present another witness while they're preparing for that.
05:24Actually, I perceive this will be a short cross.
05:27Yes, Your Honor.
05:28Correct?
05:28Yes, that's correct, Your Honor.
05:29We just need, you know, just to do away with asking for a recess of five to ten minutes.
05:36I think that will be shorter.
05:38Yes.
05:39How many minutes do you need at counsel?
05:42Maybe just five minutes.
05:44Because I'm sure we will not be able to finish with the direct, or if we do finish with the
05:51direct,
05:51you will do your cross with the assessor of the island, Garden City of Samal, after lunch.
05:55We're only talking of this witness.
05:57Yes, Your Honor.
05:59Can I give you a few minutes, counsel, turning to Losa?
06:01Yes, Your Honor.
06:01So, not to belabor the point, we'll just ask for five minutes, Your Honor, that we'll proceed with the cross.
06:06Thank you, Your Honor.
06:19Thank you, Your Honor.
