PRACTICE COURT 2

DIRECT EXAMINATION OF WITNESS JAMES REID

PROCEEDINGS
(After the case was called)

COURT: Appearances

COUNSEL-PLAINTIFF: Atty. Que, lead counsel for the plaintiff your Honor.
COUNSEL-DEFENDANT: Atty. Aurelio, for the Defendant your Honor.

COUNSEL-PLAINTIFF: For the Plaintiff, your Honor, we are ready to

present our witness, Mr. James Reid.
(Witness already on the witness stand)

COURT: Swear the witness

INTERPRETER: Do you swear to tell the truth, the whole truth and nothing
but the truth in this case?
WITNESS: Yes, I do.

INTERPRETER: Please state your name, age and other personal

circumstances.
WITNESS: James Reid, businessman, 35 years old, Filipino, married and a
resident of Brgy. 27, Laoag City, Ilocos Norte.

COUNSEL-PLAINTIFF: Your Honor, we are presenting the testimony of the

witness for the purpose of proving:
 That he is a member of the 4th year Condominium Corporation by
virtue of his ownership of a unit in the Graduating Class Tower;
 That he is present during the 4th year Condominium Corporation
Annual General Membership meeting;
 To testify with regard to the matters that transpired during the
Annual General Membership meeting;
 And that there was no quorum in the said meeting.

May I proceed your Honor?

COURT: Proceed.

COUNSEL PLAINTIFF:
Q1: Do you know the plaintiff Mr. John Carlo Sacubo?
A1: Yes ma’am. He is my batch mate in high school and a co-member in
the 4th year Condominium Corporation.
Q2: How about the defendants?
A2: I do not know them personally ma’am. I just saw them during the 4th
year Condominium Corporation Annual General Meeting held last January
4, 2019 and l, later on, learned that they were elected as officers of the
Board of Trustees of the 4th year Condominium Corporation.

Q3: You said that the complainant is a “co-member in the 4th year
Condominium Corporation”. So, you are also a member of the said
corporation?
A3: Yes ma’am.

Q4: How did you become a member of the 4th year Condominium
Corporation?
A4: I bought condominium unit no. 2100 of the Graduating Class Tower
and was issued Condominium Certificate of Title No. 90999. As a unit
owner, I became a member of the 4th year Condominium Corporation,
which is the registered condominium corporation of the Graduating Class
Tower.

Q5: How about the defendants, are they unit owners also of the
Graduating Class Tower?
A5: No ma’am. What I know is that they were only appointed as the
authorized representatives of LLB4 Land Incorporated.

Q6: Who is LLB4 Land Incorporated?

A6: LLB4 Land Inc. is the developer of the Graduating Class Tower. It
became a member of the 4th Year Condominium Corporation on the basis
of its ownership of the 220 unsold units in the Graduating Class Tower.

Q7: You mentioned earlier of the 4th year Condominium Corporation Annual
General Membership Meeting held last January 4, 2019, how did you come
to know about the said meeting?
A7: I received a notice by mail at my home address ma’am.

Q8: I am showing to you a copy of the notice of the 4th year condominium
corporation annual general membership meeting, is this same as the one
you received?
A8: It is the same ma’am.

Q9: Did you attend the meeting?

A9: Yes ma’am.

Q10: How about the plaintiff Mr. John Carlo Sacubo, did you see him?
A10: Yes ma’am.
Q11: What happened in the said meeting?
A11: The Secretary, Ms. Sue Wright declared and certified the existence of
a quorum even though there is no quorum at that time ma’am.

Q12: Why do you say that there is no quorum during the Annual General
Membership Meeting?
A12: Quorum is determined by the majority of the Corporation’s actual
members. During the Annual General Meeting, only 29 members out of 108
were present, thus there is no quorum ma’am.

Q13: What happened after the secretary declared that there is a quorum?
A13: Mr. John Carlo Sacubo objected ma’am.

Q14: After expressing his objection, what happened?

A14: His objection was denied by the incumbent Chairman of the Board of
Trustees at that time Ms. Merriam Santiago ma’am.

Q15: When his objection was denied, what happened next?

A15: I, Mr. Sacubo and other unit owners/members walked out of the
meeting room ma’am.

Q16: After you walked out, what happened?

A16: I learned that they proceeded with the meeting and election of
officers and that the individual defendants were elected as officers of the
Board of Trustees ma’am.

Q17: How did you come to know about the happenings during the annual
general membership meeting when you said that you walked out?
A17: From the minutes of the annual general membership meeting ma’am.

Q18: How are you able to see the minutes of the annual general
membership meeting held last January 4, 2019?
A18: I obtained a copy of the minutes of the annual general membership
meeting ma’am.

Q19: What are the contents of the Minutes of the Meeting?

A19: From the minutes, it was determined that a quorum was present
during the meeting, that there was an election of trustees and the names
of the elected officers were stated in the minutes ma’am.

Q20: I am showing to you a copy of the minutes of the Annual General

Meeting held last January 4, 2019, is this the same as the one you are
referring to?
A20: Yes ma’am.

COUNSEL PLAINTIFF: No further questions your Honor.