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Ortega versus Valmonte

SCRIPT

SCRIPT
ORTEGA versus VALMONTE
Ate Josh: Good afternoon Ladies and gentlemen, we
are Group 2 and we are now here to present to you
the probate proceeding of Placido Valmontes last
Will & Testament. To start it off, we will be showing to
you a short video clip for us to be able to appreciate
the factual background surrounding this case.
(Video Clip)
Ate Josh: After Josefina found Placidos Last Will &
Testament, she then proceeded to file the Petition for
Allowance of the said Will before the Regional Trial
Court. A notice regarding the said petition was
published once a week for three (3) consecutive
weeks in a newspaper of general circulation in the
province. Leticia Valmonte Ortega found out about
Josefinas petition which prompted her to become an
Oppositor to the said Petition.
---------------------------------------------------------------------------------------

Ate Josh: ALL RISE. Regional Trial Court Branch 78 is


now in session. The Hon. Judge Adelaida Lopez
presiding. Silence is hereby enjoined.
(Sit down after the judge struck the gavel.)
Donna: Call the case.
Ate Josh: Special Proceedings No. 123456 in the
matter of the probate of the will of the late Placido
Valmonte. The petitioner is Josefina Valmonte. And
the oppositor is Leticia Valmonte Ortega.
Donna: Appearances.
Maimai: Good morning your honor! Appearing as
counsel for the petitioner, Atty. Chuchu.
Vanessa: Good morning your honor! Appearing as
counsel for the oppositor, Atty. Chorva.
Donna: The incident for today is the presentation of
evidences and witnesses for the petitioners and the
Oppositors. Are you ready counsel?
Maimai: Good morning your honor! We are ready to
present 5 witnesses for the petitioner. Our first

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Ortega versus Valmonte


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witness is ready and we already have submitted her


judicial affidavit to this effect.
Donna: Ok. You call your witness.
Maimai: We would like to call to the witness stand
Josefina C. Valmonte.

name,

Janjan: I am Josefina Valmonte, of legal age, a


resident of Salingcob, Bacnotan, La Union and the
widow of herein testator, Placido Valmonte.
Ate Josh: Raise your right hand and place left your
left hand on top of this bible. Repeat after me, "I
swear by Almighty God that the evidence I shall give
shall be the truth, the whole truth and nothing but
the truth".
Janjan: (raises right hand) I swear by Almighty God
that the evidence I shall give shall be the truth, the
whole truth and nothing but the truth.
Donna: Your witness.
Page 2 of 17

Donna: Comments counsel for the oppositor?


Vanessa: None as of the moment your honor but
subject to the right to cross-examine the witness.

Donna: Swear her in.


Ate Josh: Witness, please state your
residence and other personal circumstances.

Maimai: Your honor the testimony of this witness is


being offered for the purposes as stated in the
judicial affidavit.

Donna: Ok counsel, proceed.


DIRECT EXAMINATION OF JOSEFINA VALMONTE
Maimai: Ms. Witness, in relation to this case, do you
remember if you have made or signed a judicial
affidavit?
Janjan: Yes.
Maimai: If it will be shown to you, will you be able to
recognize it?
Janjan: Yes.
Maimai: May I approach the witness your honor?
(present record) I am showing to you a document

Ortega versus Valmonte


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consisting of 10 pages. Please go over the same and


please tell the court what is its relation to the judicial
affidavit you said you have stated?
Janjan: This is my judicial affidavit.

Maimai: Id like to invite your attention to page 8,


particularly your answer to question #7 in which you
identified a document as the last will and testament
of Placido Valmonte. I am showing you a document.
Tell us. How is this document related to the one you
have mentioned in this answer to question #7?

Maimai: On the 9th page there is the printed name


and signature of Josefina Valmonte. Whose name and
signature are these?

Janjan: That is the will of Placido Valmonte.

Janjan: That is my name and signature.

Maimai: During the pretrial, your honor, this has


been pre-marked as Exhibit A for the petitioner. We
would like to retain the markings.

Maimai: Before you signed the judicial affidavit, did


you read the contents of the same?
Janjan: Yes.

Donna: Noted.
Maimai: That will be all for the witness your honor.
He is now ready for cross-examination.

Maimai: Did you understand it?


Janjan: Yes.

CROSS-EXAMINATION OF JOSEFINA VALMONTE


BY VANESSA
Donna: Counsel for the oppositor, your witness.

Maimai: On the 10th page there is the name and


signature of Atty. Chuchu. Whose name and signature
are these?

Vanessa: Good day, Miss Valmonte. You look so


young, how old are you again?

Janjan: That is the name and signature of the lawyer


who helped me make this judicial affidavit.

Janjan: Good day as well and thank you. I am


actually already 30 years of age.

Page 3 of 17

Ortega versus Valmonte


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Vanessa: And how old were you when you met your
late husband?

Maimai: Objection Your Honor! The Counsel is


merely implying facts that cant be proven by any
concrete evidence.

Janjan: I was 28 years old back then.


Vanessa: What was your job back then? And were
you dating someone else?
Maimai: Objection your Honor. The Counsel is only
asking irrelevant questions.
Donna: Counsel, what do you intend to achieve with
your questions?
Vanessa: I do have a valid point your Honor. These
are just questions to establish my point, Your Honor.
Donna: Quit the chase and go immediately to your
point, Counsel.
Vanessa: Yes, Your Honor. (turns to Janjan) So, why
did you marry Placido Valmonte? He was obviously
thrice your age and you couldve been his granddaughter. Did you only marry him because of his
money? Were you expecting him to bequeath to you
all of his properties?

Donna: Objection overruled. Witness, answer the


Counsels question.
Janjan: I loved him, your Honor. Believe that reason
is enough for me to marry him. I was not after his
money. I truly loved him.
Vanessa: If you truly loved him, why were you not
the one to take care of him? Why did he live with the
Ortegas?
Janjan: It was his choice. He wanted them to stay
with him.
Vanessa: Do you know Spouses Eugenio and Felisa
Gomez personally?
Janjan: Yes. They are our close friends. In fact they
were sponsors to our wedding.
Vanessa: Thank you. That is all, your honor.
Donna: Do you have any other questions, Counsel?

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Ortega versus Valmonte


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Vanessa: None, your Honor.

shall be the truth, the whole truth and nothing but


the truth".

Donna: Counsel for the Petitioner, do you have other


witnesses?
Maimai: Yes, your Honor. His judicial affidavit had
been likewise filed beforehand.

Ian: (raises right hand) I swear by Almighty God that


the evidence I shall give shall be the truth, the whole
truth and nothing but the truth.
Donna: Your witness.

Donna: Proceed with the presentation. Call your


witness.
Maimai: Thank you, Your Honor. We would like to call
Atty. Sarmiento to the witness stand.

Maimai: Your honor the testimony of this witness is


being offered for the purposes as stated in the
judicial affidavit.
Donna: Comments counsel for the oppositor?

Donna: Swear him in.


Ate Josh: Witness, please state your
residence and other personal circumstance.

name,

Ian: I am Floro Sarmiento, of legal age, and a


resident of Quezon City, Philippines. I am a member
of the Integrated Bar of the Philippines and a Notary
public.
Ate Josh: Raise your right hand and place left your
left hand on top of this bible. Repeat after me, "I
swear by Almighty God that the evidence I shall give

Page 5 of 17

Vanessa: None as of the moment your honor but


subject to the right to cross-examine the witness.
Donna: Proceed.
DIRECT
EXAMINATION
SARMIENTO

OF

ATTY.

FLORO

Maimai: What is your relation with the testator in


this proceeding?
Ian: I was the notary public who prepared the will.

Ortega versus Valmonte


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Maimai:
Will you tell us how and when this
happened?

Ian: No. after I prepared the will, I kept it locked in


my drawer.

Ian: It was in the first week of June 1983 when the


testator together with the three witnesses of the will
went to my house cum law office and requested me
to prepare his last will and testament. After the
testator instructed me on the terms and dispositions
he wanted on the will, I told them to come back on
June 15, 1983 to give him time to prepare it.

Maimai: The document has been acknowledged on


August 9, 1983 as per acknowledgement appearing
therein. Was this the actual date when the document
was acknowledged?

Maimai: You typed this document exhibit A,


specifying the date June 15 when the testator and his
witnesses were supposed to be in your office?

Ian: Yes maam.


Maimai: What about the date when the testator and
the three witnesses affixed their respective signature
on the first and second pages of exhibit A?

Ian: Yes.

Ian: On that particular date


acknowledged, August 9, 1983.

Maimai: On June 15, 1983, did the testator and his


witnesses come to your house?

Maimai: Why did you not make the necessary


correction on the date appearing on the body of the
document as well as the attestation clause?

Ian: They did as of agreement but unfortunately, I


was out of town, so they were instructed by my wife
to come back on August 9, 1983, and which they did.

Ian: Because I do not like anymore to make some


alterations so I put it in my own handwriting August
9, 1983 on the acknowledgement.

Maimai: And while you were away, was there


anyone who have seen or touched the will?

Maimai: I have no more questions, Your Honor.

Page 6 of 17

when

it

was

Ortega versus Valmonte


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Donna: Counsel for the Oppositor, do you want to


cross-examine the witness?

Vanessa: Did you not ask the Testator himself if he


would agree to have separate dates for the date of
execution and attestation?

Vanessa: Yes, your Honor.


Ian: No. It did not cross my mind.
Donna: Proceed.
CROSS EXAMINATION OF ATTY. FLORO
SARMIENTO
Vanessa: Mr. Witness, I am showing to you ANNEX-A
which is attached to your judicial affidavit. Is this the
same document that you have drafted for the
Testator?

Vanessa: I have no more questions, Your Honor.


Donna: Counsel for the Petitioner, do you have other
witness?
Maimai: Yes, your honor.
Donna: Call your witness.

Ian: Yes, that is the same Last Will & Testament that I
have drafted pursuant to the terms and dispositions
that the Testator specified.

Maimai: We would like to call Eugenio Gomez to the


witness stand.
Donna: Swear him in.

Vanessa: You mentioned earlier, as well as on your


Judicial Affidavit, that the reason for the
discrepancies on the date of execution and date of
attestation was to avoid any more alterations on the
will?
Ian: Yes.

Page 7 of 17

Ate Josh: Witness, please state your


residence and other personal circumstances.

name,

Jupet: I am Eugenio Gomez, married, of legal age, a


resident of GSIS Village, Quezon City and the widow of
herein testator, Placido Valmonte.

Ortega versus Valmonte


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Ate Josh: Raise your right hand and place left your
left hand on top of this bible. Repeat after me, "I
swear by Almighty God that the evidence I shall give
shall be the truth, the whole truth and nothing but
the truth".

Jupet: The testator went alone to my house at GSIS


Village, Quezon City and requested them
to accompany him to the house of Atty.
Floro Sarmiento purposely for his intended
will.

Jupet: (raises right hand) I swear by Almighty God


that the evidence I shall give shall be the truth, the
whole truth and nothing but the truth.

Maimai: And what happened after?

Donna: Your witness?


Maimai: Your honor the testimony of this witness is
being offered for the purposes as stated in the
judicial affidavit.
Donna: Comments counsel for the oppositor?
Vanessa: None as of the moment your honor but
subject to the right to cross-examine the witness.
DIRECT EXAMINATION OF EUGENIO GOMEZ
Maimai : Will you tell us how you appeared before
the notary public for the execution of the
will and what transpired on the said day?

Page 8 of 17

Jupet: That after giving his instructions to Atty. Floro


Sarmiento, we were told to return on June
15, 1983
Maimai: It appears on the first page Mr. Witness that
it is dated June 15, 1983, whereas in the
acknowledgement it is dated August 9,
1983, will you look at this document and
tell us this discrepancy in the date?
Jupet: We went to Atty. Sarmiento together with
Placido Valmonte and the two witnesses;
that was first week of June and Atty.
Sarmiento told us to return on the 15 th of
June but when we returned, Atty. Sarmiento
was not there.
Maimai: When you did not find Atty. Sarmiento on
June 15, 1983, did you again go back?

Ortega versus Valmonte


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Jupet: We returned on the 9th of August and there we


signed.
Maimai: This August 9, 1983 where you said it is
there where you signed, who were your
companions?

Vanessa: No, your honor.


Donna: Counsel for the Petitioner, do you have any
other witnesses?
Maimai: Yes, your, Honor.

Jupet: The two witnesses, me and Placido Valmonte.

Donna: Call your witness.

Maimai: During the said dates, have you observed


anything unusual in the condition of Mr.
Valmontes health?

Maimai: We would like to call Felisa Gomez to the


witness stand.
Donna: Swear her in.

Jupet: Testator executed the will in question in our


presence while he was of sound and
disposing mind and he was strong and in
good health;
Maimai: Was Josefina with you during the execution
of the will?
Jupet: No. it was only me, my wife, Josie and Placido
Maimai: I have no more questions, Your Honor.
Donna: Counsel for the Oppositor, do you want to
cross-examine the witness?

Page 9 of 17

Ate Josh: Witness, please state your


residence and other personal circumstances.

name,

Meta: I am Felisa Gomez, married, of legal age, a


resident of GSIS Village, Quezon City and the spouse of
Eugenio Gomez.
Ate Josh: Raise your right hand and place left your
left hand on top of this bible. Repeat after me, "I
swear by Almighty God that the evidence I shall give
shall be the truth, the whole truth and nothing but
the truth".

Ortega versus Valmonte


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Meta: (raises right hand) I swear by Almighty God


that the evidence I shall give shall be the truth, the
whole truth and nothing but the truth.
Donna: Your witness.

Maimai: You mentioned on your judicial affidavit that


you were present during the execution of
the will. Were you personally able to see
Placido sign the same?

Maimai: Your honor the testimony of this witness is


being offered for the purposes as stated in the
judicial affidavit.

Meta: Yes, I personally saw him sign the will.

Donna: Comments counsel for the oppositor?

Meta: Yes, maam.

Vanessa: None as of the moment your honor but


subject to the right to cross-examine the witness.

Maimai: Was he aware of his acts?

Maimai: So you were with him that very day?

Meta: Yes. He seemed to be aware of his acts.


Maimai: I have no more questions, your Honor.
DIRECT EXAMINATION OF FELIZA GOMEZ
Maimai: How are you related to the other witness,
Eugenio Gomez?

Donna: Counsel for the Oppositor, do you want to


cross-examine the witness?
Vanessa: Yes, your Honor.

Meta: I am his wife.


Donna: Proceed.
Maimai: How are you related to Placido Valmonte?
Meta: He was a friend of mine. We were even part of
the sponsors with his marriage to Josefina.
Page 10 of 17

CROSS EXAMINATION OF FELIZA GOMEZ

Ortega versus Valmonte


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Vanessa: Why did you have to go to the office of


Atty. Floro Sarmiento, three times?

Maimai: Thank you, Your Honor. We would like to call


Josie Collado to the witness stand.

Meta: The reason why we went there three times is


that, the first week of June was out first
time. We went there to talk to Atty.
Sarmiento and Placido Valmonte about the
last will and testament. After that what
they have talked what will be placed in the
testament, what Atty. Sarmiento said was
that he will go back on the 15 th of June.
When we returned on June 15, Atty.
Sarmiento was not there so we were not
able to sign it, the will. That is why, for the
third time we went there on August 9 and
that was the time we affixed our signature.

Donna: Swear her in.

Vanessa: I have no more questions, your Honor.

Juliet: (raises right hand) I swear by Almighty God


that the evidence I shall give shall be the truth, the
whole truth and nothing but the truth.

Donna: Counsel for the Petitioner, do you have other


witnesses?

Ate Josh: Witness, please state your


residence and other personal circumstance.

name,

Juliet: I am Josie Collado, of legal age, and a resident


of Quezon City, Philippines.
Ate Josh: Raise your right hand and place left your
left hand on top of this bible. Repeat after me, "I
swear by Almighty God that the evidence I shall give
shall be the truth, the whole truth and nothing but
the truth".

Donna: Your witness.


Maimai: Yes, your Honor. His judicial affidavit had
been likewise filed beforehand.
Donna: Proceed with the presentation. Call your
witness.

Maimai: Your honor the testimony of this witness is


being offered for the purposes as stated in the
judicial affidavit.
Donna: Comments counsel for the oppositor?

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Ortega versus Valmonte


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Maimai: I have no more questions, your Honor.


Vanessa: None as of the moment your honor but
subject to the right to cross-examine the witness.

Donna: Counsel for the oppositor, would you like to


cross examine the witness.

Donna: Counsel proceed.


Vanessa: No your honor.
DIRECT EXAMINATION OF JOSIE COLLADO:
Maimai: When you did not find Atty. Sarmiento in his
house on June 15, 1983, what transpired?
Juliet: The wife of Atty. Sarmiento told us that we will
be back on August 9, 1983.

Donna: Counsel for the oppositor are you ready to


present your witnesses?
DIRECT EXAMINATION OF LETICIA VALMONTE
ORTEGA

Juliet: Yes, maam.

Vanessa: Yes, your Honor. We are ready to present


two witnesses for the Oppositors side. We have
already submitted their respective Judicial Affidavits
to this effect. Our first witness would be the
Oppositor herself.

Maimai: For what purpose?

Donna: Ok, call your first witness.

Juliet: Our purpose is just to sign the will.

Vanessa: We would like to call to the witness stand


Leticia Valmonte Ortega.

Maimai: And on August 9, 1983 did you go back to


the house of Atty. Sarmiento?

Maimai: Were you able to sign the will you


mentioned?
Juliet: Yes maam.

Page 12 of 17

Donna: Swear her in.

Ortega versus Valmonte


SCRIPT

Ate Josh: Witness, please state your name, address


and other personal circumstances.
Mariphi: I am Leticia Valmonte Ortega, Married and
a resident of Makati City, Philippines. I am a relative
of Placido Valmonte.

Donna: Ok Counsel, proceed.


Vanessa: Ms. Witness, in relation to this case, do
you remember if you have made or signed a judicial
affidavit?
Mariphi: Yes.

Ate Josh: Raise your right hand and place left your
left hand on top of this bible. Repeat after me, "I
swear by Almighty God that the evidence I shall give
shall be the truth, the whole truth and nothing but
the truth".
Mariphi: (raises right hand) I swear by Almighty God
that the evidence I shall give shall be the truth, the
whole truth and nothing but the truth.
Donna: Your witness.
Vannesa: Your Honor the testimonies of this witness
is being offered for the purposes stated in the judicial
affidavit.
Donna: Comments counsel for the Petitioner?
MaiMai: None as of the moment your honor but
subject to the right to cross-examine the witness.

Page 13 of 17

Vanessa: If it will be shown to you, will you be able


to recognize it?
Mariphi: Yes.
Vanessa: May I approach the witness your honor?
(presents document) I am showing to you a
document consisting of 10 pages. Please go over the
same and please tell the court what is its relation to
the judicial affidavit you said you have stated?
Mariphi: This is my judicial affidavit.
Vanessa: On the 8th page there is the printed name
and signature of Leticia Valmonte Ortega. Whose
name and signature are these?
Mariphi: That is my name and signature.

Ortega versus Valmonte


SCRIPT

Vanessa: Before you signed the judicial affidavit, did


you read the contents of the same?
Mariphi: Yes.
Vanessa: Did you understand it?
Mariphi: Yes.
Vanessa: On the 10th page there is the name and
signature of Atty. Chorva. Whose name and signature
are these?

Mariphi: The will should be disallowed because


Josefina should not inherit alone. When Placido
supposedly executed that Last will & Testament, he
was no longer himself. He was already 83 years old
and was no longer of sound him, unable to take care
of himself and had to be assisted.
Vanessa: I would like to manifest your Honor that on
Article 839 of the New Civil Code, it has provided on
paragraph 2, the dispositive portion to wit:
If the testator was insane, or otherwise
mentally incapable of making a will, at the time of its
execution.

Mariphi: That is the name and signature of the


lawyer who helped me make this judicial affidavit.
Vanessa: That is all your Honor.
Vanessa: How long have you and your family lived
with him?
Mariphi: More than a year. We started living with
him sometime in 1983 and we stayed with him until
his death on October 8, 1984.

Donna: Counsel for the oppositor, would you like to


cross examine the witness.
Maimai: Yes your Honor.
Donna: Your witness.

Vanessa: Oh, that was quite a long time. You


mentioned in paragraph 4 of your judicial affidavit
that you are opposing the allowance of the will and
you attacked his mental capacity. Why is that?

Page 14 of 17

Maimai: What made you say that he was no longer


of sound mind?

Ortega versus Valmonte


SCRIPT

Mariphi: We were the ones who took care of him


and it was usually Mary Jane, my daughter, who took
care of his needs when he stayed with us. Placido
took fancy on Mary Jane and asked her to marry him.
Maimai: Was he still aware of his actions?
Mariphi: Sometimes. There were times when he
would be aware of his acts. He would act just like his
normal self. However, due to his old age, he had the
tendency to forget a lot of things and he would
regress and would start acting like a child. He would
have tantrums as well.
Maimai: Did you consult any medical expert to
support your claim?
Mariphi: No but I have lived with him long enough to
say based on his actions and from common
experience, dispositions is not of that of a sane
person.
Maimai: No further questions, your Honor.
Donna: Counsel of the Oppositor, do you have any
other witness?

Vanessa: Yes, your honor.


Donna: Proceed.
Vanessa: We would like to call to the witness stand
Mary Jane Ortega.
Donna: Swear her in.
Ate Josh: Witness, please state your name, address
and other personal circumstances.
Mariphi: I am Mary Jane Valmonte Ortega, and a
resident of Makati City, Philippines. I am a relative of
Placido Valmonte.
Ate Josh: Raise your right hand and place left your
left hand on top of this bible. Repeat after me, "I
swear by Almighty God that the evidence I shall give
shall be the truth, the whole truth and nothing but
the truth".
Mariphi: (raises right hand) I swear by Almighty God
that the evidence I shall give shall be the truth, the
whole truth and nothing but the truth.
Donna: Your witness.

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Ortega versus Valmonte


SCRIPT

Vannesa: Your Honor the testimonies of this witness


is being offered for the purposes stated in the judicial
affidavit.
Donna: Comments counsel for the Petitioner?

Xuxa: He fancied me. He wanted me to marry him.


He was also a sexual exhibitionist.
Vanessa: That is all your Honor.
Donna: Counsel for the Petitioner, would you like to
cross-examine the witness?

MaiMai: None as of the moment your honor but


subject to the right to cross-examine the witness.

Maimai: Yes, your Honor.

Donna: Ok Counsel, proceed.

Donna: Your witness.

Vanessa: How are you related to the Testator?

Maimai: What was the testators disposition while


you were living with him?

Xuxa: Hes my grandfather. My grandmother Ciriaca


Valmonte is the sibling of Placido Valmonte.

Xuxa: He was crude, unhygienic, and exhibited


impolite ways.

Vanessa: You mentioned on your judicial affidavit


that you lived with the testator?
Xuxa: Yes. More than a year. We started living with
him sometime in 1983 and we stayed with him until
his death on October 8, 1984.
Vanessa: You mentioned on your judicial affidavit
that he was no longer of sound mind?

Maimai: Is that enough to say that he was of sound


mind?
Xuxa: Yes. I am his granddaughter. Who in his sound
mind would ask his own granddaughter to marry
him? His love and affection for me should have
stopped at the point of blood relatives.
Maimai: No further questions your Honor.

Page 16 of 17

Ortega versus Valmonte


SCRIPT

Donna: In todays setting, the oppositor has finished


the presentation of their evidence. They are given a
period of 15 days from receipt of this order within
which to submit their formal offer of exhibits. The
petitioners are likewise given the same period of time

Page 17 of 17

from receipt of a copy of the formal offer to make


their comments or objections thereto. Thereafter,
with or without the comment, the case is now
deemed submitted for resolution.