CROSS EXAMINATION OF THE ACCUSED

CP: MW, you said you are a jeepney driver by occupation, is that correct?
A: Yes, maam.

CP: Is this your jeepney MW?

A: Yes, maam.

CP: Your honor, I am showing a picture of a jeepney bearing the plate number
GOT333 with the words swabe embedded on the side.

CP: Now MW, you said earlier that there were only 5-6 passengers during that day,
is that correct.
A: Yes, maam.

CP: And despite the limited number, you were not able or are not able to
recognize any one of them if shown their pictures.
A: Yes, maam.

CP: You also said that after telling the passengers to alight, you returned their
individual fares, is that correct?
A: Yes, maam.

CP: So there was an actual individual encounter with each of them?

A: A refuses to answer.

CP: Let me rephrase MW. When you returned their individual fares, did you do it
while facing them?
A: Yes, maam., but despite that I could not remember any of their faces because I
never remember any of my passengers faces.

CP: MW, you were asked a question answerable by a simple yes or no. please
limit your answer to Yes or No.

CP: Now MW, you also said earlier that you drove your jeepney to Longganisa St.
where your jeepney fell into a manhole. Correct?
A: Yes, maam.

CP: So MW, let me ask you this. Why did you intentionally deviate from your
normal route?
CD: Objection your honor. Misleading. The accused did not say that he deviated
intentionally.

CP: Could you please tell us then why did you head to Longganisa St.?
A: I took it as an alternative route because rain was pouring hard.
CP: MW, when you drove your jeepney to Longganisa St., did anyone from your 5
passengers protested or at least asked you why are you diverting?
A: No, maam. No one protested nor asked.

CP: So are you telling the court now that the alternate route you took was a
familiar one because of their silence?
CD: Objection. Misleading.

CP: MW, can you still recall if there were any other jeepneys plying the same
alternative route?
A: No, maam, I cannot remember.

CP: It would seem very unlikely for you to not remember.

CD: Objection. Counsel is suggesting a conclusion.

CP: Let me ask you then MW, is Longganisa St. a common alternative route
among drivers?
A: Yes, maam.

CP: Then why did you use the said alternative route while the other drivers did
not?
CD: Objection. Misleading. The accused did not state that the other jeepneys
used the alternative route. The witness clearly stated earlier that he could no
longer remember.

CP: So if the streets were flooded, why did the other jeepney drivers not used the
alternative route you used?
A: I do not know, maam.

CP: You said MW that after the passengers alighted, bystanders helped you to
free your jeepney from the manhole. Is that correct?
A: Yes sir.

CP: MW, you also said earlier that when you went home, you availed of the
services of one Ana Cruz?
A: Yes, maam.

CP: Are you in anyway related to her?

CD: Objection. Irrelevant.

CP: MW, is it correct to say that you know or at least you are familiar to the
private complainant when you saw her face inside your jeepney?
CD: Objection. Misleading. The accused clearly stated earlier that he does not
remember any of the passengers he had on July 5, 2016, other than the fact that
there were 5 of them.

CP: But MW, you saw the private complainant even before the trial began, is that
true?
A: Yes, maam. At the police station when I was arrested.

CP: No further questions your Honor.