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-- JUDGE’S ENTRANCE -- COC: Please have a seat.

** the moment Judge P enters the room COC: For the record, please state your name.

COC: ALL RISE. The Honorable Judge Oscar Pimentel presiding. ____: My name is Anna Hernandez Medina

** wait until Judge P asks the Clerk of Court to call the case. COC: Please state your personal circumstances (age, sex, civil status, residence,
occupation)
COC: This court calls Civil Case 000111 entitled Sps. John Medina and Anna
Hernandez Medina v. Carbonell Hotel and Resort Inc. for Breach of Contract ____: I am Anna Hernandez Medina, 26 years old and married to John Medina.
and Damages I am resident of 1618 Forbes Park Makati City. I am currently unemployed.

** Judge P will call on the counsels for their appearances. Zhani: If your honor please, the judicial affidavit of the petitioner is already
part of the records of the case, and we have a copy of his judicial affidavit and if
APPEARANCES: your honor please, the purpose the testimony of this witness as contained in the
judicial affiavit is to prove the following:
Counsels for Plaintiff: Your Honor, I am Attorney _____ , counsel for
plaintiffs, John Medina and Anna Hernandez Medina. a. Defendant, breached the Banquet and Meeting Services Contract
by failing to serve the food agreed upon;
Counsels for Defendant: Your Honor, I am Attorney _________, counsel for
defendant, Carbonell Hotel Resort Inc. b. Defendant’s staff members were rude towards the Plaintiff and
their guests;
** Wait until Judge P starts trial and ordering the Plaintiff to present their
case c. Other relevant matters

TRIAL PROPER: WITNESSES FOR THE PETITIONER JUDGE P: Do you have any objections to the judicial affidavit?

I. CROSS EXAMINATION OF ANNA HERNANDEZ JP: None, your honor.


MEDINA
Judge: Are you ready to proceed with your witness, counsel?
Chels: To start with the presentation of our case, may we please call the first
witness, Mrs. Anna Hernandez Medina Zhani: Your Honor, considering that the offer has already been made and that
we do not have other questions to ask the witness, the witness is ready for
** _____ will stand before the table of the Clerk of Court for purposes of cross-examination.
administering the oath.
Judge: Are you ready to cross examine the witness?
COC: Do you swear to tell the truth, the whole truth, and nothing but the truth
so help you god? JP: Yes, your honor.

____: I do. **if he doesnt ask, counsel should ask permission to begin cross.

1
Judge: Proceed.
JP: When did these events that you mentioned/attended happened?
JP: Good afternoon Mrs. Medina W: It was around a year ago. That’s how I actually came to know of the
W: Good afternoon sir. Carbonell Hotel and Resort and considered it an option on which to
actually host our wedding.
JP: You mentioned in your Judicial Affidavit that you entered into a
contract with the defendant. Can you please tell to us what this contract JP: Do you still remember how many people were present during those
is and what it is for just to indulge this court? events?
W: Ah yes. We entered into a Banquet and Meeting Services Contract. This W: Quite vaguely though, it was around 100 people I think.
contract was actually for the reservation of the Carbonell Hotel and
Resort Queen Hall which was going to host the reception for our JP: And when we mean that these events took place in the aforementioned
scheduled meeting on the same day earlier. hotel, the particular area that was used was the Queens Hall?
W: Yes. That is why we particularly selected that place since it was quite big
JP: I am showing to you a document entitled Banquet and Meeting and beautiful.
Services Contract marked as Exhibit A during pre-trial. Is this the same
document that you are pertaining to? JP: Do you still remember how the place looked like?
W: Yes, that’s the contract me and my husband signed. W: Yes I do.

JP: Let it be put on record that the witnesses has sufficiently identified the JP: I am now showing to you a photograph marked as Exhibit A which is a
Contract subject of the case. picture of a reception hall in the Carbonell Hotel and Resort. Can you
Judge: Proceed sufficiently identify the place depicted?
W: Yes. That is the Queens Hall that I mentioned a while ago.
JP: Moving on, when have you chosen this place to host your wedding
reception? JP: Let it be put on record that the witness has sufficiently identified the
W: We actually chose this place around 6 month ago. I think it was place of which the instant action arose.
December of 2013. We initially had some choices but eventually settled Judge: Proceed
to choose Carbonell Hotel and Resort.
JP: Moving on, you said earlier that the Banquet and Meeting Services
JP: Why did you choose Carbonell Hotel and Resort to host your wedding Contract agreed upon stipulated that there would be an expectation of
reception? around ___ guests. Correct?
W: Well my husband and I chose that place because we have heard a lot of W: Yes.
good things about the place and how it was really nice and extravagant.
We also heard a lot of good reviews from people who had used the JP: During the wedding, how many guests arrived?
place as well. Plus they had a great assortment of menu as well. W: We invited around 350 guests. Almost all of them arrived during the
wedding. There were only around 50 – 60 guests that didn’t arrive.
JP: I see. Did these things that you heard come from people that you
knew? (Possible objection here due to immateriality) (if sustained, JP: Of these guests that attended the wedding proper, how many actually
withdraw/rephrase, if overruled, proceed with the question) proceeded to the wedding reception?
W: Most of them I did not know. However I have a couple of friends that W: Almost all of them actually. As a matter of fact, there were others
have availed of these areas through which I have attended a couple of whom we invited that would only be able to attend the reception due to
times. scheduling concerns.
2
JP: Moving on, you said in your Judicial Affidavit that the food was not
JP: How many in particular? served on time. Correct?
W: That’s the thing though. The ones who followed actually brought their W: Yes, correct.
families. So I could surmise around 100+ or more guests arrived since
there were around 30-40 families that added. JP: And that the food that was served was not in accord with what was
agreed upon in the service contract correct?
JP: I see. So it could be sufficiently concluded that the guest count actually W: Correct sir.
reached around 460-480
W: Yes, I guess you could put it that way. JP: Were there others who complained of this?
W: Yes, my father in law actually told me of what was happening and that
JP: Moving on, in reference to the Banquet and Meeting Services Contract, there were a lot of foods that he did not get to sample. Thus he
you ordered a particular menu as mentioned in your Judicial Affidavit brought this to the attention of the staff.
correct?
W: Yes JP: I see. What was the reaction of the staff?
W: They merely said that they’ll try to accommodate and adjust
JP: And according to the aforementioned contract, this menu was accordingly. Some of the waiters were rushing already due to the
supposed to cater for around 350 guests correct? increased demand and service required. Some were just hurriedly laying
W: Yes, but I know that they usually have an extra in case there would be down plates, with some of the plates actually missing some
an overboard of guests. components of the actual dish that we ordered. Some of them were
becoming hot headed and rude actually.
JP: Around how many do they usually prepare for contingency? (possible
objection here, based on opinion, since witness does not possess JP: Ok moving on. Do you think that the defendants in this case would
the competency to actually know how many) (if sustained, have been able to anticipate such increase in guests? (Possible
withdraw, proceed to next question, if sustained then proceed) objection, opinion, relevancy)
W: Around 20-30 I think. I eventually consulted with the staff when they W: I guess so, isn’t that supposed to be their job?
called my attention that there was going to be a shortage of food to be
served in the reception. JP: In the normal course of things, would a caterer of an event be able to
anticipate a surplusage of around 100+ guests from that anticipated?
JP: Now Ms. Witness, in your opinion, do you think that would have (Possible objection, hypothetical situation, opinion, etc.) (if
sufficed in what transpired and would have been able to cater to all the sustained, must rephrase the question, if overruled, proceed)
guests that were present at that time? (again, possible objection W: I guess not.
based on opinion and irrelevancy)
W: I’m not sure, but maybe not I guess. There were a lot of those who JP: Is it not that what has happened in the instant case?
followed and we did not anticipate it. W: It seems like so, but I still would like to think that what happened is still
normal.
JP: Did you inform the defendants in this case that there would be
additional guests that would be arriving? JP: I see, I see. Moving on, you said earlier that the staff was being rushed
W: No, we did not. We merely relied that defendants could have and being rude to the guests correct?
anticipated this, thus we saw no need to inform them of it. W: Correct.

3
JP: Would it be attributable to the increased work adjustments that they COC: Do you swear to tell the truth, the whole truth, and nothing but the truth
have to cope with due to the increased guests? so help you god?
W: Maybe, but they are professionals, so they should know better.
_____: I do.
JP: If you were placed in a situation like that, would you have acted
differently? (Possible objection, opinion, irrelevant) COC: Please have a seat.
W: Maybe, I could maybe handle that type of work
. COC: For the record, please state your name.
JP: A few more points. You said that there was delay in the service. Were
the staff able to still serve the food to the guests? _____: My name is John Medina
W: Yes, although the delay was long.
COC: Please state your personal circumstances (age, sex, civil status, residence,
JP: You also said that, some of the food served were not those agreed in occupation)
the menu and that they were subpar, such as the roast chicken that you
claim was not worth the money. Correct? Joter: I am John Medina, 28 years old and married to Anna Hernandez Medina.
W: Yes. I reside at 1618 Forbes Park Makati City. I am a Senior Associate at Ferraren
Avelino Law Office in Makati.
JP: Can this be possible attributed to the fact that more guests than
anticipated arrived? Ree: If your honor please, the judicial affidavit of the witness is already part of
W: Maybe, I guess, the food would not be enough to serve all, so they the records of the case, and we have a copy of his judicial affidavit and if your
might have done rationing. honor please, the purpose the testimony of this witness as contained in the
judicial affidavit is to prove the following:
JP: But in the end, they were able to serve all the guests with food and
drinks at least? a. Defendant, breached the Banquet and Meeting Services Contract
W: Yes, that much I can ascribe. by the delay in serving the dinner;

JP: No further questions. b. Defendant’s manager and catering director were nowhere to be
found during the reception;
-- RE-DIRECT EXAMINATION OF ANNA HERNANDEZ --
c. Other relevant matters
(INSERT IF YOU HAVE ONE)
JUDGE P: Do you have any objections to the judicial affidavit?

II. CROSS EXAMINATION OF JOHN MEDINA Aki: None, your honor.

Ree: May we please call our second witness, John Medina Judge: Are you ready to proceed with your witness, counsel?

** _____ will stand before the table of the Clerk of Court for purposes of Ree: Your Honor, considering that the offer has already been made and that we
administering the oath. do not have other questions to ask the witness, the witness is ready for cross-
examination.

4
Judge: Are you ready to cross examine the witness? AKI: Okay. Sohow many guests were to be served by the defendants as agreed
upon in the contract?
Aki: Yes, your honor.
BOB: A minimum of 350 and a maximum of 380 guests.
**if he doesn’t ask, counsel should ask permission to begin cross.
AKI: How many guests were in actual attendance?
Judge: Proceed.
BOB: Well, the wedding coordinator told me that there were about 360 guests
AKI: Thank you, your honor. Good Afternoon, Atty Medina. that night. However, my wife told me that some brought their family with them,
BOB: Good afternoon, Attorney. so I guess, the guests exceeded 360.

AKI: You mentioned in your judicial affidavit that you entered into a contract AKI: Okay. Moving on, let me read to you paragraph 6 of the terms and
with the defendant on July 27, 2014. Is this correct? conditions of the contract. It reads: “No reduction in the number of guaranteed
covers shall be allowed by the caterer later than seven days prior to the date of
BOB: Yes. the function. Any increase in the number of the guaranteed covers exceeding
10% of the guaranteed minimum shall be made not later than the same number
AKI: Is this the same contract your wife, Mrs. Anna Hernandez-Reposo of days.” What do you understand by this provision Atty. Medina?
identified?
BOB: Well, it basically says that we have to inform the caterer if we intend to
BOB: Yes. increase or decrease the number of guests, we have to inform them seven days
before the actual event.
AKI: I am showing to you a document entitled Banquet and meeting services
contract marked as exhibit A during pre-trial. Do you recognize this document? AKI: Did you inform the defendants that there were additional guests?

BOB: Yes sir. BOB: No sir. I was busy that night and I expected that the hotel would be
ready to accommodate the extra guests.
AKI: There is a signature appearing over the name John Medina. Is this your
signature? AKI:Okay, moving on, what were your other complaints during the night of
your wedding reception?
BOB: Yes sir.
BOB: The food was served at 9:30pm. As stated in the contract, we agreed that
AKI: Let it be put on record your honor that the witness identifies the dinner was to be served between 7-8pm. Also, the food was not the food we
document and the signature appearing therein as his. ordered in the menu originally agreed upon.

Judge: Proceed. AKI: Okay. To whom did you address your complaints?

AKI: Are you familiar with the terms and conditions of the contract Atty. BOB: To the waiter who was serving us because the catering director was not
Reposo? present.

BOB: Yes sir. AKI: Okay. Were you aware that there were other events aside from your
wedding reception during that night?
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BOB: No sir. I am not aware of those. Even though there were other events, ____: My name is Kristen Stewart.
she should have been there.
COC: Please state your personal circumstances (age, sex, civil status, residence,
AKI: Moving on, let me read to paragraph 11 of the terms and conditions of the occupation)
contract. It reads: “The caterer reserves the right to substitute similar or
comparable accommodations/menu for the function In case fortuitous events Stewart: I am 24 years old, single, with residence address at 1129 Pablo
or causes beyond its control, which substitution shall be deemed by the patron Ocampo Sr. St., Malate Manila. I am an events planner and coordinator.
as full compliance/performance under this agreement.” What do you
understand by this provision Atty. Medina? Ree: If your honor please, the judicial affidavit of the witness is already part of
the records of the case, and we have a copy of his judicial affidavit and if your
BOB: Well, it says that in case something beyond its control happens, it can honor please, the purpose the testimony of this witness as contained in the
substitute the food in the menu with similar food. The food served to us was judicial affidavit is to prove the following:
not similar nor in any way comparable to what we initially agree upon.
a. Defendant, breached the Banquet and Meeting Services Contract
AKI: But nonetheless Atty. Medina. Were you able to eat that night? by failing to serve the food agreed upon;

BOB: Yes sir. b. Defendant’s staff members were rude towards the Plaintiff and
their guests;
AKI: No further questions your honor.
JUDGE P: Do you have any objections to the judicial affidavit?
-- RE-DIRECT EXAMINATION OF JOHN MEDINA --
Joter: None, your honor.
(INSERT IF YOU HAVE ONE)
Judge: Are you ready to proceed with your witness, counsel?

III. CROSS EXAMINATION OF KRISTEN STEWART Ree: Your Honor, considering that the offer has already been made and that we
do not have other questions to ask the witness, the witness is ready for cross-
Ree: May we please call our third and final witness, Ms. Kristen Stewart examination.

** ____ will stand before the table of the Clerk of Court for purposes of Judge: Are you ready to cross examine the witness?
administering the oath.
Joter: Yes, your honor.
COC: Do you swear to tell the truth, the whole truth, and nothing but the truth
so help you god? **if he doesnt ask, counsel should ask permission to begin cross.

____: I do. Judge: Proceed.

COC: Please have a seat. Joter: Good afternoon Ms. Stewart.

COC: For the record, please state your name. Stewart: Good afternoon Sir.
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Joter: You are the weeding coordinator for the wedding on of the throughout the event and many of them complained to me
spouses Medina on 24 January 2014, correct? about the unavailability of some food.

Stewart: Yes. My question now is, given that you admitted that you are not privy to
the arrangements made by the Spouses with Carbonell Hotel, is
Joter: Were you also present at the reception of the wedding at it not correct to say that you actually cannot with certainty tell
Carbonel Hotel? which food were served or available and which were not served
or unavailable from the menu?
Stewart: Of course.
Stewart: Well, as I said in my JA, I kept checking the guest throughout
Joter: Is it part of your function to coordinate with the hotel the event and many of them complaint to me about the
regarding the reception? unavailability of food.

Stewart: No. When the couple engaged my services as wedding Joter: But would you agree with me that the guest, not being parties
coordinator, they informed me that they already coordinated to the agreement between the Spouses Medina and Carbonell
with Carbonel Hotel and already made arrangements with the Hotel as yourself, cannot also say which food exactly were not
latter as regards the reception. So I was only mostly tasked to available?
coordinate with the invitation supplier and the dress maker. I
also took care of the RSVP and the sourcing out of some Stewart: Well, yes. But they were complaining because even when the
props like the tarpaulin background for the photobooth. program already started no food was yet served.

Joter: In other words, you are not a privy to the agreement between Joter: So you are saying that the guest complained not because the
the Sps. Medina and Carbonel Hotel, correct? food was actually unavailable but because there was a delay in
the service of the food, correct?
Stewart: Yes.
OBJECTION: Misleading. Question equates unavailability with delay.
Joter: Therefore, you also do not know what menu was agreed by the
parties to be served at the event, correct?
REPLY: Merely trying to clarify witness’ line of answers to the previous
Stewart: Yes. questions. She already testified that the guests were complaining because no
food was served when the program started. But she also admitted that she
Joter: Ms. Witness, may I refer you to your JA, in particular, your cannot ascertain which food was actually unavailable as she was not privy to
answer to Question 18, which I quote “Q18: When the food the arrangements between the Hotel and the couple.
was already served, did the guests have any complaints?” To
which you answered and I quote “Yes, because some of the IF OVERRULED:
food on the menu was unavailable. I just didn’t know what
Joter: So I am correct in assuming, that when you say unavailable,
particular food because, as I’ve said, I did not partake in the Stewart: youYes.
mean unavailable on time?
agreement between Mr. and Mrs. Medina and Carbonell Hotel.
Nonetheless, I am sure that some of the food on the menu had IF SUSTAINED:
not been served because I kept checking on the guests all
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Joter: You mean to say that the guests were complaining because no food
was served at the start of the program?

Stewart: Yes
Stewart: Exactly. The food should have been served earlier. I mean, it Joter: And despite this, that there were more guest than expected, all
should have been served at around 7PM. It was unavailable in were nonetheless given food, correct?
7PM. It was only served in 9PM.
Stewart: Yes. All of us were able to eat that night.
Joter: So you mean that there was just delay in the service?
Joter: Nothing further.
Stewart: Yes.

Joter: Yet notwithstanding the delay, food was nonetheless served? -- RE-DIRECT EXAMINATION OF KRISTEN STEWART –

Stewart: Yes. Counsel: Ms. Stewart, after the food was served, did you receive any more
complaints from the guests?
Joter: And everyone was still able to eat.
Stewart: Yes, because the main course was different from what’s written on the
Stewart: Yes. menu.

Joter: You were you informed of the cause of the delay, correct? Counsel: Did you read the menu yourself?

Stewart: Yes, I did.


Stewart: Yes. I asked one of the waiters and he said that there more
than guest than expected.
Counsel: So even if you were not privy to the Banquet contract between the
hotel and Mr. and Mrs. Medina, you knew what food was supposed to be served
Joter: And it is because of this that you commented that as regards
efficiency the waiters and I quote your answer no. 22, “they because you were there and you read the menu which was on the table, correct?
definitely fell short on that because they could hardly attend to
the needs of the guests. They forgot a lot of requests and Stewart: Yes.
mixed up the orders of the guests several times,” correct?
Counsel: No further questions.
OBJECTION: Misleading. Question assumes that the fact that there were **FORMAL OFFER OF EVIDENCE**
more guests than expected was the cause for the haphazard
performance of the waiters. -- PROSECUTION RESTS ITS CASE --

REPLY: Not misleading. She already testified to the fact that there more
guest than expected.
TRIAL PROPER: WITNESSES FOR DEFENDANT
IF OVERRULED:
I. CROSS EXAMINATION OF POLO PASCAL
Stewart: Well, it could be. (ROOMMATE)

IF SUSTAINED: Aki: To start with the presentation of our case, may we please call the first
witness for the defendant, Ms. Mia Marquez
8
Joter: So Ms. Witness, is it possible that such alleged haphazard
service of the waiters was due to the unexpected increase in
the number of guests on the reception?
Judge: Proceed.
** Polo Pascal will stand before the table of the Clerk of Court for
purposes of administering the oath. Zhani: Thank you, your honor. Good afternoon Mr. Witness

COC: Do you swear to tell the truth, the whole truth, and nothing but the truth Mia: Good afternoon.
so help you god?
ZHANI: Thank you, your honor. Good afternoon Ms. Marquez
____: I do.
MARQUEZ: Good afternoon.
COC: Please have a seat.
ZHANI: Ms. Marquez, you also work at the Carbonell Hotel & Resort, right?
COC: For the record, please state your name.
MARQUEZ: Yes.
Mia: My name is Mia Marquez
ZHANI: What do you do there?
COC: Please state your personal circumstances (age, sex, civil status, residence,
occupation) MARQUEZ: I am the catering director.

Mia: I am Mia Marquez, 35 years old and married. with business address at ZHANI: How long have you been the catering director at this hotel?
Carbonell Hotel and Resort, Pasay City. I am a catering director for the
Carbonel lHotel and Resort MARQUEZ: 10 years now.

Aki: If your Honor please, the Judicial Affidavit (JA) of this witness is already ZHANI: What was your occupation before that?
part of the records of the case, and we have a copy of his JA. And if your
Honor please, the purpose the testimony of this witness as contained in the JA MARQUEZ: I was an assistant director for 3 years.
is to prove the following:
ZHANI:As the catering director, what are your duties and responsibilities?
a. Defendant, rendered service to the plaintiff in accordance with the
Banquet and Meeting Services Contract; MARQUEZ: Basically I provide food service of the Hotel. I am the one in
charge with the food orders of the guests.
b. Plaintiff failed to inform the defendant of the extra number of
guests; ZHANI: Are you familiar with the plaintiffs?

c. Defendant was present at the Hotel during the reception; MARQUEZ: Yes, they were our clients.

Judge: Are you ready to proceed with your witness, counsel? ZHANI: This reception happened on 28 January 2014, correct?

JP: Your honor, considering that the offer as already been made and that we do MARQUEZ: Yes, it was scheduled from 7pm-12mn.
not anymore have questions to ask the witness, the witness is ready for cross-
examination. ZHANI: For that occasion, for how many guests did you prepare for?

9
MARQUEZ: We prepared for a minimum of 350 guests to a maximum of 380 MARQUEZ: For the soup, we had Vietnamese Pho then Fresh Garden Salad
guests. in Italian Vinaigrette. For the Hot Entrees, the guests could pick between Black
Cod, Salmon and Pork and Mushroom Salpicao. Then we had angel hair pasta
ZHANI: What were you to prepare for this reception? with wild mushroom sauce. Finally for dessert, we had mango panna cotta and
bannoffee pie.
MARQUEZ: Dinner.
ZHANI: That sounds delicious, Ms. Marquez. Are all of these included in the
ZHANI: And who chose what was to be served? Banquet and Meeting Services Contract?

MARQUEZ: Mr. and Mrs. Medina chose the items on the menu. We MARQUEZ: Yes. We finalized and signed said contract a day before the
scheduled an initial food tasting last March. wedding.

ZHANI:Ms. Marquez, how many people attended this food tasting? ZHANI: Do you recall how many guest actually arrived on the reception?

MARQUEZ: Aside from the couple, their parents were there and also the MARQUEZ: Around 470-480 guests.
wedding coordinator.
ZHANI: How do you know this?
ZHANI:Is it true, Ms. Marquez, that the hotel only prepared for six people
instead of seven as requested by the couple? MARQUEZ: When the reception was about to start a waiter told me that there
are still a lot of guests who were not seated or could not find a seat. I ordered
MARQUEZ: Yes. I believe there was a misunderstanding as to the number of the staff to set up an additional 10 tables to accommodate the guests who were
people. But it was only an initial food tasting, I don’t think that would matter not seated.
much.
ZHANI: So from this, you gathered that there were around 470-480 guests?
ZHANI: That wouldn’t matter much. I see. Anyway, Ms. Marquez, what were Where did you get this number?
the items chosen on the menu for this reception?
MARQUEZ: From the head waiter, Johnny Walker.
MARQUEZ: The spouses initially chose a set menu which included black cod,
king prawns and angel hair pasta with wild mushroom sauce for the main course ZHANI: And how did Mr. Walker arrive at this big number?
which cost P1,000.00 per person. They were, however, given an option in which
salmon, instead of king prawns, would be in the menu at P950.00 per person. MARQUEZ: I don’t know. I was quite busy that night. There were three other
They in fact partook of the salmon. events in the other banquet halls.

ZHANI: Is this the final set menu? ZHANI: Okay, Ms. Marquez. That evening, what time did you start serving the
food to the guests?
MARQUEZ: No, three days before the event, a final food tasting took place.
We eventually agreed on a final price of P1,150 per person. MARQUEZ: About 09:15 in the evening already.

ZHANI: So for P1,150 per person, what were the food on the menu that was ZHANI: And what was the agreed time?
to be served that night?
MARQUEZ: 730-8pm.
10
ZHANI:Ms. Marquez, you’ve been catering director for 13 years now, correct?
ZHANI:Ms. Marquez, you do realize that this was an hour and thirty minutes
late? MARQUEZ: Yes.

MARQUEZ: Yes. ZHANI: Isn’t it standard for catering busnisses to prepare the food beforehand
so that during the event all you have to do is heat it?
ZHANI: And you do know that it is stated in the contract that you should have
served the food at around 7pm. MARQUEZ: Yes. That’s what we did.

MARQUEZ: Yes, I do. ZHANI: So what happened, why were the prepared food still served late?

ZHANI: So what happened? What caused this delay? MARQUEZ: I don’t know with the waiters. I guess they wanted to serve
everyone at the same time. I would have been awkward to see some people
MARQUEZ: Because of the additional number of guests. We prepared an eating, while the others still don’t have their orders.
extra 30 meals in case additional guests would arrive. However, to our surprise,
100 additional guests arrived. When I learned of this, I immediately told the ZHANI: Who made this decision?
cooks to cook food stated in the menu for 100 persons.
MARQUEZ: The senior waiter, Johnny Walker.
ZHANI: Again, Ms. Marquez, where did you get this number of a 100 guests?
Was there a guest list? ZHANI: Isn’t this included in your duties, Ms. Marquez?

MARQUEZ: No. MARQUEZ: I was overseeing four events that night and going from hall to
hall to check on things. I left Mr. Walker in charge and asked him to report to
ZHANI: Were you told by the wedding coordinator that there were a hundred me if there were any problems.
guests more than expected?
ZHANI: Wouldn’t this constitute as a problem that needed your attention, Ms.
MARQUEZ: No. I got this information from the waiter. Walker?

ZHANI: Oh I see. How long did it take to cook the additional meals? MARQUEZ: I wasn’t informed by Mr. Walker.

MARQUEZ: It took about 2 hours. ZHANI: It says here in the contract that among the inclusions of the menu in
addition to the dining set-up, uniformed and highly-trained staff and bar service
ZHANI: But this is only the additional meals, am I correct? that there should also be a banquet supervisor.

MARQUEZ: Yes. MARQUEZ: Yes.

ZHANI: What about those that were originally in the set menu, what time were ZHANI: Shouldn’t that be you as catering director, Ms. Marquez?
they served?
MARQUEZ: Yes, I was assigned to be the banquet supervisor that night.
MARQUEZ: All of the food was served at around 9:15.

11
ZHANI: Would you agree with me, Ms. Marquez, that in order to supervise the ZHANI: Isn’t it normal for catering services to prepare an extra set of
said banquet, you’d have to be physically in the banquet? ingredients and cooked meals on the menu just in case of spillage or shortage or
any other kinds of accidents?
MARQUEZ: Yes, of course.
MARQUEZ: Yes. That is exactly what we did, we prepared 20 extra meals.
ZHANI: And that night, where were you?
ZHANI: You prepared 20 for an event of 380?
MARQUEZ: As I said, I was supposed to supervise four events. I had to make
my rounds. MARQUEZ: Yes.

ZHANI: So you weren’t there during the reception and when they started ZHANI: That’s not even 20% of the expected number of guests, wouldn’t you
serving dinner? agree, Ms. Marquez?

MARQUEZ: No. I had to attend to other pressing matters but I was there MARQUEZ: That is a low number but that’s how we usually run things in our
before the guests arrived. kitchen.

ZHANI:I see. Ms. Marquez, was the food cooked the same as what the ZHANI: So if say for example, by some accident these 20 extra set meals were
plaintiffs ordered originally in the menu? to be spilled by a waiter? What were you to do?

MARQUEZ: No, there were just too many guests so I decided to serve MARQUEZ: We’d usually have to cook the meals on the spot.
whichever was fastest to prepare. We served pasta and roasted chicken in place
of the main course. We usually prepare extra food for 20-30 extra guests, but ZHANI: So you do have extra ingredients on hand?
because a hundred guests arrived, we simply did not have enough ingredients to
cook the meals on the originally planned menu. MARQUEZ: Yes.

ZHANI: Ms. Marquez, are you familiar with the terms of the Banquet ZHANI: So why weren’t you able to serve the same items on the menu that
Contract? night if you in fact had extra ingredients to make them in your kitchen?

MARQUEZ: Yes. We have a standard contract that we use for events such as MARQUEZ: We were running out of time. I had to make an executive
receptions. decision.

ZHANI: Let me read to you paragraph 11 of the said contract. It says here, Ms. ZHANI: Your guests were expecting salmon and black cod and you served
Marquez, that “The CATERER reserves the right to substitute similar or them chicken, am I correct Ms. Marquez?
comparable accommodations/menu for the function in case of fortuitous
events or causes beyond its control, which substitution shall be deemed by the MARQUEZ: Yes.
PATRON as full compliance/performance under this Agreement.“ Ms.
Marquez, would you consider this alleged extra number of guests a fortuitous ZHANI: Would you say that that is a comparable or similar substitute?
event?
MARQUEZ: Yes.
MARQUEZ: Yes.

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ZHANI: For the price of P1,150, which was raised from the original 950 just to MARQUEZ: When there is only one event at the hotel. I personally supervise
accommodate the salmon, do you think that roasted chicken would have given my staff and make sure that the guests are properly attended to.
the couple their money’s worth?
AKI: Okay. During the reception of the plaintiffs on 28 July 2014, were there
MARQUEZ: As I said, that was the only thing we had left and we were other events?
running out of time. Our hotel, in the first place is well known for our roast
chicken, so I decided to serve that instead. MARQUEZ: Yes sir. There were three other events and all of them were
weddings receptions also.
ZHANI:I see, Ms. Walker. So instead of granting the couple’s wishes on their
wedding day, and to stick to the menu agreed upon, you decided to just serve AKI: I see. So in this kind of case where there are multiple events what do you
them roast chicken instead? usually do?

MARQUEZ: That right was granted to me as catering director by the banquet MARQUEZ: As I have said, I usually go around the events and talk to the
contract. waiter in charge for each event and ask if there are any problems. As soon as a
problem is raised I make a decision right away with the guests in mind of
ZHANI: Did you at least consult the couple or their wedding coordinator? course.

MARQUEZ: No. AKI: Okay, thank you Mrs. Marquez. Moving on,in the reception of the
plaintiffs how many tables did you initially set-up?
ZHANI: Did you at least inform the couple or their wedding coordinator that
such changes in the menu were to be made? MARQUEZ: 41 tables sir.

MARQUEZ: No. AKI: How many people can 1 table accommodate?

ZHANI: No further questions, your honor. Thank you. MARQUEZ: 10 sir.

-- RE-DIRECT EXAMINATION OF MIA MARQUEZ – AKI: In the contract, it is stated that the maximum number of guests would be
380. Why did you set-up tables for 410 people?
AKI: Just a few questions Mrs. Marquez. Being the catering director, do you
have to personally hear the complaints of your clients? MARQUEZ: In case additional guests arrive sir.

MARQUEZ: No, sir. My staff, the waiters, are the recipients of the complaint AKI: Were you surprised when 480 guests arrived?
and I make the decisions based on what my staff tells me.
MARQUEZ: Yes sir. As stated in the contract, the client must inform us
AKI:Is there an instance when you personally hear the complaint of your beforehand if additional guests would arrive so that we can make the necessary
clients? arrangements.

MARQUEZ: Yes sir. AKI: So the plaintiffs did not inform you of the additional guests?

AKI: What is that instance Mrs. Marquez? MARQUEZ: No sir.

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AKI: No further questions your honor.
Judge: Are you ready to proceed with your witness, counsel?
II. CROSS EXAMINATION OF DONNA LEE
JP: Your honor, considering that the offer has already been made and that we
JP: May we call on our second witness, Ms. Donna Lee do not have other questions to ask the Witness, the Witness is now ready for
cross examination.
** LEE approaches the Clerk of Court who will administer the oath.
** Ask for the judge’s permission before proceeding with the cross
COC: Please raise your right hand. Do you swear to tell the truth, the whole examination.
truth, and nothing but the truth, so help you god?
Counsel: Ms. Lee, you are the sales manager of Carbonell Hotel and Resort,
LEE: I do. Inc. and you have been serving in that position for two years, is that correct?

COC: Please have a seat. For the record, please state your name. Lee: Yes.

LEE: My name is Donna Lee. Counsel: And whenever events are held in the hotel, you would be required to
be present so as to oversee the event and ensure the proper rendition of
COC: Please state your personal circumstances (i.e. age, sex, civil status, service?
residence, occupation)
Lee: Yes.
LEE: I am 24 years old, female, single. I am currently residing at 1018F Joya
Condominiums, Rockwell Drive, Makati City. I am currently the Sales Manager Counsel: So the wedding event by the Spouses Medina was not the first
at the Carbonell Hotel and Resort. wedding event that you handled?

JP: If your Honor please, the Judicial Affidavit of this Witness is already part of Lee: No, it was not.
the records of the case, and we have a copy of his Judicial Affidavit. And if your
honor please, the purpose of the Witness’ testimony as contained in the Judicial Counsel: So how many wedding events have you handled since you held the
Affidavit is to establish the following: position of sales manager in Carbonell Hotel?

a. That the defendants rendered its services in accordance with the Defense Counsel: Objection, your Honor. A witness has a right to be protected
Banquet and Meeting Services Contract. from irrelevant and improper questions. Past transactions contracted by the
witness in her professional capacity are beyond the matters that the witness
b. That defendant was present during the reception agreed to testify to.

c. That there were no lapses in the services made by the defendant Judge: What do you say, counsel?

d. That defendant faithfully complied with its obligations under the Prosec. Counsel: Your Honor, the question is relevant to determining the
agreement competence and efficiency of the witness as a sales manager.

e. That any lapses in the services being conducted were duly IF OVERRULED: Lee : I don’t recall exactly how many but I would estimate
attributable to the fault of the plaintiff. it to around 20 – 30 wedding events.
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Lee: Mine and Mia’s.
IF SUSTAINED: Counsel: *Hands her the JA* This is your judicial affidavit
dated January 31, 2015. Do you recognize it? Counsel: Did you consult with the spouses first before you decided on serving
a different food?

Lee: No. We did not want to bother them with such concerns.

Counsel: What about their wedding coordinator, did you not know that they
had a wedding coordinator?

Lee: No, Mia Marquez and I were unaware that there was a wedding
Lee: Yes. coordinator because it was Anna and John who personally contracted
with us.
Counsel: Could you please read question # 12 and your answer to it?
Counsel: Ms. Lee, the wedding coordinator, Ms. Kristen Stewart, stood up and
Lee: READ. * Q12: How many guests arrived at the reception area? circulated the venue until the end of the event. If you were there in the
A12: To my surprise, there were around 480+ guests. This was more than what we hall, like you claim you were, shouldn’t you have seen her or noticed
anticipated.* her checking up on the guests, talking to the suppliers?

Counsel: Thank you, Ms. Lee. So you said that you were surprised that there Lee: I was not able to stay at the hall for the whole event because there was
were so many guests that came in the reception. But you have been in another affair in the hotel that I had to attend to.
this industry for two years and not just in some hotel but in a really
well-known and reputed hotel. (You have represented the hotel in Counsel: So you’re saying, miss witness, that you were not able to coordinate
about, as you said, 20 – 30 wedding events). Consistent with human or talk to the wedding coordinator regarding the change in the food to
experience, we know that in events like this, wedding, debut, is it not be served or the delay in the service of the food because you were
that it would not really be an extraordinary incident to have more attending to another event in the hotel? Is that correct?
guests than anticipated, so as to surprise an experienced manager like
you? Defense Counsel: Objection your honor. The counsel is testifying for
the witness by assuming facts not in evidence.
Lee: I would agree with that and yes we were quite overwhelmed and surprised
but again, as I’ve said, we did what we could to remedy the situation. Judge: What say you, counsel?
We were not taken aback by the tension. We were able to serve to the
guests and meet their requests. Counsel: Your honor, I would just proceed to my next question.

Counsel: Ms. Lee, would you know if the waiters served food other than that
which was agreed upon in your Banquet contract with the plaintiffs?

Lee: Yes they did, under our instruction. Counsel: Ms. Lee, Mrs. Anna Medina claims that you assured that any
extension would be free of charge. Is this correct?
Counsel: Under whose instruction?
Lee: I did tell them that it would be free of charge but we did not have any
formal written agreement with respect to such.
15
if your honor please, the purpose of the Defendant’s testimony as contained in
Counsel: But still, you did reassure to the plaintiffs that the extension would be the Judicial Affidavit is to establish the following:
free of charge as to the venue, albeit verbally?
a. Defendant, through its agents and representatives, rendered service
Lee: Yes. to the plaintiff in accordance with the Banquet and Meeting
Services Contract;
Counsel: Then you still decided to charge them Php 8,000 per extended hour
after 12 midnight, correct? b. That measures to ensure full thereof were made;

Lee: Yes. c. That any lapses in the service is attributable to the plaintiff;

Counsel: No further questions. Judge: Are you ready to proceed with your witness, counsel?

-- RE-DIRECT EXAMINATION OF DONNA LEE – Joter: Your honor, considering that the offer has already been made and that
we do not have other questions to ask the Defendant, the Defendant is now
(INSERT IF YOU HAVE ONE) ready for cross examination.

III. CROSS EXAMINATION OF JOHNNY WALKER ** Ask for the judge’s permission before proceeding with the cross
examination.
Joter: For our final witness, may we please call to the stand Mr. Johnny Walker
ZHANI:Thank you, your honor. Good afternoon Mr. Walker
** Walker approaches the Clerk of Court who will administer the oath.
WALKER: Good afternoon.
Clerk: Please raise your right hand. Roshan Ahmadi, do you swear to tell the
truth, the whole truth, and nothing but the truth, so help you god? ZHANI: Mr. Walker, you work at the Carbonell Hotel and Resort. Am I
correct?
WALKER: I do.
WALKER: Yes, ma’am. I am the Senior Waiter at the Carbonell Hotel and
Clerk: Please have a seat. For the record, please state your name. Resort.

WALKER: My name is JOHNNY WALKER ZHANI: How long have you been a Senior Waiter?

Clerk: Please state your personal circumstances (i.e. age, sex, civil status, WALKER: Around 2 years, ma’am.
residence, occupation)
ZHANI: And what was your occupation before that?
WALKER: I am 40 years old, married with business address at Carbonel Hotel
and Resort, Pasay City. I am a Senior Waiter at the Carbonel Hotel and Resort. WALKER: I was a junior waiter for 7 years for Carbonell Hotel and Resort.

Joter: If your Honor please, the Judicial Affidavit of the Defendant is already ZHANI: So all in all, you’ve been a waiter for 9 years at this hotel?
part of the records of the case, and we have a copy of his Judicial Affidavit. And
WALKER: Yes, ma’am.
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WALKER: I was in the Queen Hall, overseeing the other waiters during the
ZHANI: As senior waiter, what are your duties and responsibilities? event.

WALKER: I train and supervise the other waiters in the preparation as well as ZHANI: What time were you made to come in to work that day?
during the events held in the Hotel.
WALKER: Around 4pm, ma’am.
ZHANI: Mr. Walker, do you know the plaintiffs in this case?
ZHANI: And the reception was to be held at 7pm, so that gives you about 3
WALKER: Yes, they were our clients. I was also the waiter-in-charge for their hours to prepare for the event, am I correct?
reception.
WALKER: Yes, ma’am.
ZHANI: This reception happened on 28 January 2014, correct?
ZHANI: Mr. Walker, would you mind enlightening this court as to how you, as
WALKER: Yes, ma’am. Senior Waiter, helped prepare the staff on the service of the food that night?

ZHANI: For that occasion, for how many guests did you prepare for? WALKER: Ma’am, we were given the menu on the day of the event itself. We
had a staff meeting at around 4pm. We were briefed by the Catering Director
WALKER: Per instruction of the Catering Director, Ms. Mia Marquez we on what food we were to serve and the order that they were to be served.
prepared for a minimum of 350 guests to a maximum of 380 guests.
ZHANI: And you were able to familiarize yourself with this set menu, Mr.
ZHANI: And for such a number of guests, how many waiters are deployed to Walker?
serve?
WALKER: Yes. We also had a copy posted in the kitchen so as to guide us.
WALKER: For such a number, we deployed 40 waiters including myself.
ZHANI: Mr. Walker, how else did you prepare the other waiters that night?
ZHANI: It that enough to serve 350 – 380 guests?
WALKER: I assigned the table numbers that certain waiters were to specifically
WALKER: Yes, ma’am. There were 40 tables prepared including the cater to so as to be more organized and to get their orders from the set menu
presidential table. Each table seats 10 guests. Five (5) waiters are assigned correctly.
specifically to the presidential table while the rest are assigned to serve the other
tables. So that would be about 1:1 waiter per table ratio. ZHANI: Mr. Walker, what time did this meeting end?

ZHANI: So being a seasoned waiter at the Hotel, Mr. Walker, is it safe to say WALKER: Around 5pm, ma’am.
that given the number of guests and the number of waiters made available that
night, the service should be reasonably well? ZHANI: Have the tables and chairs been set up by this time?

WALKER: Yes, ma’am. The Carbonell Hotel is known for its exceptional WALKER: No ma’am, we still had to put up the tables and chairs and this was
service and we haven’t had any complaints up until now. around 530pm already.

ZHANI: Mr. Walker, on the night of the reception, where were you?

17
ZHANI: Mr. Walker, isn’t this a bit late since you have to set up tables and ZHANI: At the time when the guests arrived, were you and your staff finished
chairs for almost 380 people and you and your staff of 40 are only given an with putting up the tables fit for the 380 guests expected?
hour and a half before the guests start arriving?
WALKER: No, ma’am. We weren’t done yet.
WALKER: Yes, ma’am. We do realize that this was a bit late and that it was
cutting it close but the meeting ended late already so we really had no choice. In ZHANI: So, Mr. Walker, how can you distinguish which of the tables you’ve
any case, we were all dressed by then so we figured that if the guests started set up were the ones included in the 380 guest list and which were merely
arriving then we could start serving them and assisting them already. additional chairs? I highly doubt that anyone would be able to count the total
amount of tables and chairs in a ballroom at a single glance.
ZHANI: What time did the guests arrive, Mr. Walker?
WALKER:I am not sure, ma’am but it really looked like there more people
WALKER: The people started coming in around 630pm, ma’am but we were than we expected since we had to go all to the way to the storage area at the
really expecting them to be there from 7-730. other end of the hotel to get the reserve tables.

ZHANI: Mr. Walker, what time did the bride and groom, the plantiffs in this ZHANI: Mr. Walker, does your hotel have a log book or guest book of some
case, arrive in the Queen Hall? sort where we can see the exact number of guests at the reception that night?

WALKER: Exactly 7pm, ma’am. I remember because they started the program WALKER: No, ma’am.
on time.
ZHANI: So you’re saying that we should merely assume that 470-480 guests, as
ZHANI: Can you recall how many guests arrived at the reception? you claim in your Judicial Affidavit, arrived that night based on the fact that the
ball room was crowded and that you lacked tables and chairs?
WALKER:I think it was about 470-480, ma’am.
WALKER: Yes, ma’am. That was the only way we could count the number of
ZHANI: Mr. Walker, you think or you know? guests that night.

WALKER: I’m not sure as to the exact number, ma’am, but my estimate is that ZHANI: So, this 470-480 number is merely your estimate, Mr. Walker? And by
there were a lot of them that night. estimate you mean a rough calculation?

ZHANI: What is this estimation of yours, Mr. Walker, based on? WALKER: Yes, ma’am.

WALKER: Because when reception program was about to start, we noticed ZHANI: Okay, Mr. Walker. Moving on to the dinner part of the reception.
that there are still a lot who were not seated or could not find a seat in the What time, would you say, Mr. Walker, did you and your staff start serving the
reception area. We ended up putting an additional 10 more tables, so I estimate food to the guests?
than there are in fact 100 additional guests that time.
WALKER: About 09:15 in the evening already, ma’am.
ZHANI: So Mr. Walker, you are basing the amount of people on the number
of tables that you had to put up, starting when the guests arrived? ZHANI: Mr. Walker, being a waiter for almost 9 years, you’ve served in plenty
wedding receptions already, am I correct.
WALKER: Yes, ma’am.
WALKER: Yes, ma’am.
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ZHANI: What time is dinner normally served in these kind of events? WALKER: Well ma’am, ordinarily, we make extra food from the agreed for
about 20 more guest just in case, there would be shortage. However, in this
WALKER: Around 730-8pm, ma’am. case, there were just too many guests so we decided to serve whichever was
fastest to prepare.
ZHANI: So you served the dinner almost two hours late, am I correct?
ZHANI: Did you especially help in preparing the food, Mr. Walker?
WALKER: Yes, ma’am.
WALKER: No, ma’am. I am a waiter. I deliver the food.
ZHANI: Why is this?
ZHANI: So did you personally see that there were and extra 20 dishes in case
WALKER: The original plan was to serve the guest at around 7 PM. However, there would be any shortage?
since we had to accommodate the additional guests, we weren’t able to
immediately serve as were busy putting up additional tables. WALKER: No, ma’am. I was quite busy that night.

ZHANI: Isn’t it that you stated earlier, Mr. Walker, that the 1:1 waiter table ZHANI: So how are you sure that there were indeed other prepared dishes?
ratio is enough to ensure that service would be satisfactory, at the very least?
WALKER: That is normally how the kitchen is run, ma’am. That’s all I know.
WALKER: Yes, ma’am. However, we were overwhelmed with the number of
guests that arrived that night. ZHANI: Okay, thank you for that, Mr. Walker. Were you aware that the
plaintiffs also brought wines and other drinks for the open bar?
ZHANI: Were you able to serve all the guests that night?
WALKER: Yes, ma’am.
WALKER: Yes, ma’am.
ZHANI: What happened? Were you able to serve these?
ZHANI: Were you able to serve all the food that was included in the menu, as
agreed upon? WALKER: Yes, ma’am. The drinks ran out at about 01:00 A.M. So we had to
bring out some more since there still a lot of guest then. However, we already
WALKER: No ma’am. There were more guests than the food and beverage had to charge them for the drinks that we brought out.
prepared, so we ran out. We weren’t able to give some of the guests with the
same menu. ZHANI: Do you have any evidence to show how many drinks were ordered by
the guests?
ZHANI: But you were able to serve the additional food needed?
WALKER: Yes, ma’am that can be seen in a copy of a Request and Release
WALKER: Yes, ma’am. Form from the Hotel inventory showing the number and amount of additional
wine and drinks we took out for the reception.
ZHANI: Was this the same as the ones in the pre-set menu?
ZHANI: Is this signed by you, Mr. Walker?
WALKER: No, ma’am. The food was no longer the same.
WALKER: Yes, ma’am.
ZHANI: Why?
19
ZHANI: Do you have authority to sign this, Mr. Walker?
-- RE-DIRECT EXAMINATION OF JOHNNY WALKER --
WALKER: Yes ma’am, provided I secure a prior recommendation and/or
approval by the Catering Manager, Ms. Marquez. (INSERT IF YOU HAVE ONE)

ZHANI: Were you able to secure Ms. Marquez prior recommendation and/or **DEFENSE’S FORMAL OFFER OF EVIDENCE
approval?
-- DEFENSE RESTS ITS CASE --
WALKER: Yes ma’am, she also signed the Request and Release Form.

ZHANI: Okay, Mr. Walker. What is the conduct required of you as waiters of
Carbonell Hotel and Resort?

WALKER: We are trained and taught to be always polite and courteous in our
dealings with our customers, sir. To be able to the best of our abilities, provide
and cater to their needs. We do this to ensure that the reputation of the Hotel
for service remains unblemished.

ZHANI: I see. Based on the events that transpired that night, Mr. Walker? Do
you think that the guests in the reception were quite happy or satisfied with
your service?

WALKER: I can’t say, ma’am. I don’t think they were but we were not to
blame for that.

ZHANI: But were they satisfied?

WALKER: I really cannot say, ma’am.

ZHANI: Okay, Mr. Walker. Let’s put it this way, have any of the guests
complained of your staff’s service to you?

WALKER: Ummmmm.

ZHANI: Yes or No, Mr. Walker.

WALKER: Yes, ma’am.

ZHANI: Thank you. No further questions.

** Zhani leaves and Judge asks Joter if he wants to conduct re-direct.


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