Record of the Senate - Integrated Bar of the Philippines

22 TUESDAY, MAY 8, 2012Reconsideration because he died actually on August 29, 2002. Iyon lamang po ang material dito—August 29, 2002, namatay si Jose Ma. Basa at alam iyon ni Cristina Corona, pero nag-file pa rinpo sila ng Motion for Issuance of Writ of Execution against the accused Jose Ma. Basa and his wifeRandy Basa kaya nagkaroon ng Writ of Execution dated April 28, 2003. Tama po ba?Mr. Cuevas. If Your Honor please, with the kind permission of the Court.Ms. Cristi. Tama po.The Presiding Officer. Yes.Mr. Cuevas. The question, Your Honor, should have been addressed to the judge of record. Sheis merely a Clerk of Court, Your Honor. She is merely implementing....Yes, Your Honor.The Presiding Officer. She is under cross-examination, if she knows the answer.Ms. Roxas. She already answered, Justice Cuevas, and also I would just like to point out thatthe Witness in this case is not an ordinary witness.Mr. Cuevas. That is correct.Ms. Roxas. She is a lawyer, she is the Branch Clerk of Court of Branch 216 of Quezon City,therefore, not only does she have custody of all the records in this case, she would also know the basicrules not only of the Penal Code but also of the Rules of Court.Mr. Cuevas. May we reply, Your Honor, with the kind permission of the court.The Presiding Officer. Go ahead.Mr. Cuevas. That may be correct, Your Honor. But being merely a Clerk of Court, she hasno power nor any authority to prevent the judge from acting one way or another, either denying orgranting it. There is a decision in this case, there was a Motion for Reconsideration, it was denied,and therefore the decision became final.The Presiding Officer. You are questioning the competence of the Witness?Mr. Cuevas. Insofar as the issue of why the execution continued, Your Honor, because that isnot within her control.Ms. Roxas. But this is your own witness, Mr. Justice.Mr. Cuevas. Yes.The Presiding Officer. The question is only asking for facts. Whether there was a Writ ofExecution issued after death. That is a factual issue.Mr. Cuevas. No, that is not the question, Your Honor. With due respect, Your Honor....The Presiding Officer. What was the question?Mr. Cuevas. The question was: Why was there a Writ of Execution issued even after the deathof the accused? Because, apparently, they are of the theory that the moment the accused died....The Presiding Officer. Let the Witness answer, if she knows.Ms. Roxas. Already answered.