MOCK TRIAL SCRIPT

JOEY TRIBBIANI VS ROSS GELLER

CIVIL CASE NO. 0102
FOR SUM OF MONEY WITH PRELIMINARY ATTACHNMENT

PRESENTATION OF EVIDENCE

Clerk of Court : This honorable court of the Regional Trial Court Branch 96,
Quezon City with the Honorable Judge Rustico Medina is now in session. All
rise. Silence is hereby ordered by the presiding judge.
---- Prayer -----
Judge : Court is now in session.
Clerk of Court : Civil Case No. 0102 Joey Tribbiani vs Ross Geller for Sum of
Money with Preliminary Attachment is called for hearing. The following
counsels appeared.
Judge : Appearances
Arce : Lead counsel for the plaintiff Joey Tribbiani, your honor, Atty. Reyward
Arce, respectfully appearing and ready for the trial.
Arciaga : Good afternoon your honor, Atty. Adam Aki Arciaga, collaborating
counsel for the plaintiff, respectfully appearing and ready for the trial.
Arsua : Lead counsel for the defendant Ross Geller, your honor, Atty. Jenova
Jireh Arsua, respectfully appearing and ready for the trial.
Bagro : Good afternoon your honor, Atty. Don Harold Bagro, collaborating
counsel for the defendantf, respectfully appearing and ready for the trial.

Judge : Call your witness

Arsua : Your honor, may we call to the witness stand our 1st witness Mr. Ross
Geller.
Clerk of Court : State your Name and other personal circumstances
Witness : I am Ross Geller of legal age, single, residing at No. 125 Ledesma
Street, Makati City.
Clerk of Court: Do you swear to tell the truth, the whole truth and nothing but
the truth?
Witness : Yes Ma’am.
Clerk of Court : The witness is ready your honor.
Judge : Proceed
Arsua : Your honor, we offer the testimony of the witness to prove that the
Contract of Loan and Promissory Note purportedly executed by him were forged
due to the fact that he was abroad during the execution and notarization of the
said documents. Your Honor, this witness will identify his judicial affidavit
which constitutes as his direct testimony, may I proceed, Your Honor?
Judge : What do you say plaintiff’s counsel? Do you have any objections to the
Judicial Affidavit?
Arce : Subject to cross examination your honor.
Judge : Proceed

DIRECT EXAMINATION OF PLAINTIFF – WITNESS (ARSUA)

Arsua : Can you recall having executed a document in relation to this case?
Witness : Yes Ma’am.
Arsua : What is that document?
Witness: My Judicial Affidavit, Ma’am
Arsua : I am showing to you this judicial affidavit consisting of 9 pages, can
you identify this Judicial Affidavit?
Witness : Yes Ma’am. That is my judicial affidavit
Arsua : On the 7th page on top of the name Ross Geller, there is a signature,
whose signature is this?
Witness : That is my signature Ma’am.
Arsua : Could you still attest and confirm that the contents of this judicial
affidavit are true and correct based on your personal knowledge and
perception?
Witness : Yes Ma’am. It’s true.
Arsua : Before whom did you subscribe your judicial affidavit, Mr. Ross Geller?
Witness : You, Ma’am. Atty. Jenova Arsua
Arsua : That would be all for the witness, your honor. Your honor, we adopt the
judicial affidavit as the direct testimony of the witness
Judge : Alright, ready for cross?
Arce : With the permission of this Honorable Court.
Judge : Proceed

CROSS EXAMINATION BY PLAINTIFF COUNSEL ON DEFENDANT – WITNESS

(ARCE)
Arce : In your judicial affidavit under item #7, you stated that you’re close
friend with plaintiff Joey Tribbiani for 20 years, is that correct?
Witness : Yes Sir.
Arce : For that span of 20 years, have you had a big fight that totally ruined
your friendship.
Witness : No Sir.
Arce : For that span of 20 years, can you recall if there were times that money
becomes an issue.
Witness : No Sir.
Arce : You never had a big fight and there were no times that money becomes
an issue. So, this will be the first, correct?
Witness : Yes Sir.
Arce : During the span of your close friendship, can you recall a circumstance
where Mr. Joey falsely accused someone without any basis or reason?
Witness : No Sir.
Arce : So, Mr. Joey is a reasonable person?
Witness : I don’t know Sir.
Arce : Mr. Witness, please answer it with a yes or no. May I remind you that
you’re under oath.
Witness : Yes Sir.
Arce : In your judicial affidavit item #8, you stated that you had no any idea
why Mr. Joey filed a case against you, correct?
Witness : Yes Sir.
Arce : You’re close friend with Mr. Joey for 20 years, you never quarreled
about money, and you never had a big fight. You also said that Mr. Joey is a
reasonable person. Now, Mr. Witness, you must personally understand that
Mr. Joey will never file a case against you or anyone without any basis or
reason at all right?
Witness : I don’t know Sir.
Arce : Mr. Witness, please answer it with a yes or no.
Witness : No Sir.
Arce : In your judicial affidavit item #13, you stated that you borrowed money
from Mr. Joey several times aside from the alleged loan of P1,000,000, correct?
Witness : Yes Sir.
Arce : You also stated in your judicial affidavit that Mr. Joey usually lends you
money ranging from P400,000 to P1,500,000, correct?
Witness : Yes Sir.
Arce : You also stated in your judicial affidavit that you are running a
restaurant business and it was affected by pandemic which resorted you to
borrow money to maintain the business, correct?
Witness : Yes Sir.
Arce : So, Mr. Witness, borrowing money from Mr. Joey in the amount of
P1,000,000 is not new to you or inevitable or probable?
Witness : Yes Sir.
Arce : You stated in your judicial affidavit that you borrowed money in the
amount of P1,000,000 from Mr. Joey last September 26, 2020, correct?
Witness : Yes Sir.
Arce : That during that time, you also issued 10 post-dated checks each
amounting to P100,000 and all payable December 31, 2020, correct?
Witness : Yes Sir.
Arce : You also stated in your judicial affidavit that you personally paid in cash
the amount you borrowed from Mr. Joey last October 31, 2020 when you
visited him at his residence during a gathering, correct?
Witness : Yes Sir.
Arce : Who else are present during the gathering?
Witness : My friend Jill Green, Dean, Castiel, Lita and some other friends
Arce : You stated in your judicial affidavit that your friend Jill Green witnessed
the payment you made to Mr. Joey, correct?
Witness : Yes Sir.
Arce : Aside from Jill Green, no one else saw the payment you made?
Witness : None Sir.
Arce : Where did you make the payment, or any specific part of Mr. Joey’s
house or residence?
Witness : At the living room Sir.
Arce : You said a while ago that at that gathering, Dean, Castiel and Lita are
also present. Did they not witness the transaction?
Witness : No sir.
Arce : So, where are they at that time?
Witness : They are not at the living at that time Sir.
Arce : You are single, right Mr. Ross?
Witness : Yes Sir.
Arce : Ms. Jill Green is also single right?
Witness : Yes Sir.
Arce : Do you find her attractive or are the two of you romantically involved?
Jenova : Objection your honor, the question is irrelevant.
Arce : It is relevant your honor considering that Ms. Jill Green is only the
witness who saw the alleged payment. If they are romantically involved, it
might affect the credibility of their testimonies.
Judge : Overruled - Answer the question or Sustained – move to another
question
Witness : No
Arce : No, as in Ms. Jill Green is not attractive or no as in you are not
romantically involved?
Witness : We are not romantically involved or in a relationship for that matter.
Arce : So, she’s not attractive.
Witness : I did not say that.
Arce : So, she’s attractive?
Witness : Yes
Arce : On your alleged payment, aside from it was allegedly witnessed by Ms.
Jill Green, do you have any other proof of payment like official receipt or
acknowledgement receipt?
Witness : None Sir.
Arce : In your judicial affidavit item #4, you stated that you are working as
Head of Sales Department at Samsung Electronics Philippines Corp., correct?
Witness : Yes Sir.
Arce : How much is your monthly salary at an estimate?
Witness : At around 200,000 to 300,000
Arce : You stated in your affidavit that on the period of September 27 to
October 6, 2020, you went to South Korea for a business trip, correct?
Witness : Yes Sir.
Arce : Is that company paid or shouldered by Samsung Electronics?
Witness : Yes Sir.
Arce : You did not spend anything from your own pocket during that trip?
Witness : I used my personal money for some petty items and pasalubong.
Arce : On your alleged payment last October 31, 2020, where did you get the
money?
Witness : I have work, so from my salary, and also from my businesses.
Arce : But your monthly salary is 200,000 to 300,000 a month, so
mathematically, you only earned a month of your salary at that time from the
period of September 26, 2020 to October 31, 2020.
Witness : Yes, but I have businesses as well.
Arce : Isn’t it that the reason why you borrowed money is that your restaurant
business is suffering due to pandemic?
Witness : Yes, but I have also other businesses.
Arce : Ok. You have so many businesses to manage and at the same time you
are also a full time employee. Correct?
Witness : Yes Sir.
Arce : Aha, you’re a superman… Considering that you went to South Korea,
you probably spent money, your 1 month salary is 200,00 to 300,000 and
businesses are down due to pandemic, probably you are incapable to pay your
loan of P1,000,000 from Mr. Joey during your alleged payment.
Jenova : Objection your honor, speculation.
Arce : No further question your honor.

REDIRECT EXAMINATION BY COLLABORATING DEFENSE COUNSEL ON

WITNESS (BAGRO)
Bagro : with your Honor’s permission.
Judge: Proceed, counsel.
Bagro : Mr. Ross, you have been friends with Mr. Tribbiani, for more than two
decades now, is that right ?
Witness: Yes, Sir.
Bagro : Presently, do you still consider Mr. Tribbiani as such, despite him
falsely accusing you of not paying your debt to him ?
Witness: Yes, Sir. Despite everything that is happening now, I still consider him
as my close friend.
Bagro : You were asked if you find Mr. Tribbiani a reasonable man, to which
you responded yes, is that correct?
Witness: Yes, Sir.
Bagro : You responded Yes, but reluctantly, can you tell this honorable court
why ?
Witness: Sir, because Mr. Tribbiani as I find him, has a speck of childishness,
but as his friend, I think he is a reasonable man.
Bagro : You are saying, Ross, that you find Mr. Tribbiani a reasonable man
primarily because he is and you still consider him as your friend, is that
correct ?
Witness: In a way, yes Sir .
Bagro : Mr. Witness, you stated in your affidavit, and as you consistently
asserted, that you on many occasions, borrowed money from Mr. Tribbiani, is
that correct ?
Witness: Yes, Sir. He lend me money on different occasions, many times .
Bagro : We’re talking around, half a million, one and a half ?
Witness: around that amount Sir, Yes .
Bagro : Was there any instance in the past, where you were unable to pay the
amount loaned from him ?
Witness: None, I always pay my debt and on time .
Bagro: In all instances of loan agreement between you and Mr. Tribbiani, you
were able to pay the debt ?
Witness: Yes, Sir .
Bagro : And in all those instances, were there any witness or written and/or
notarized contract between you and Mr. Tribbiani ?
Witness: written contract, none but for witness, in some instances there were
witness, although not by compulsion, Sir .
Bagro : So there were times when you just pay Mr. Tribbiani, without a need or
a necessity to have someone witness the transaction between the two of you ?
Witness: Yes, Sir .
Bagro : Mr. Witness, you stated in your JA that you are the head of Sales
Division of Samsung Philippines ?
Witness: Head of sales Department, Sir .
Bagro : Can you give us the core of your work in Samsung Phil ?
Witness: Umm, basically, I manage everything related to sales, with the
assistance of my staff .
Bagro : Is the schedule of your work in the SP, fixed for example 8am-5pm
Mondays to Fridays, or 8 hours a day ?
Witness: No Sir, I have control over my work schedule, unless the company
requires me to come to the office for a specific period or purpose.
Bagro : Simply put, you are not bound by the regular hours of work, Mr. Ross,
is that correct ?
Witness: Yes Sir. I still have time to pursue things that I want to do. My
hobbies as well as manage my other businesses .
Bagro : Mr. Witness, when you left the country for South Korea on September
27, 2020, do you have other source/s of earnings ?
Witness: Yes, as I said, I run my own businesses .
Bagro : Were those businesses hardly hit by the Lockdowns ?
Witness: Affected, but I will not say hardly hit, Sir
Bagro : During the lockdowns, was there any instance that you were unable to
pay any of your or your companies’ monetary obligation ?
Witness: None, Sir.
Bagro : Thank you, your Honor .

RECROSS EXAMINATION BY COLLABORATING PLAINTIFF COUNSEL ON

WITNESS (ARCIAGA)