that precise moment. Although it is alleged in thesupplemental petition prepared by petitioner’s counsel,Atty. Nuñez, with the conformity of ProsecutorMalabaguio filed before the CA that both of them sawJudge Bersamin discharging his function on that day, it isnot under oath. Moreover, it is not specifically stated inthe supplemental petition that at the exact time JudgeZenarosa approved the bail, Judge Bersamin wasavailable. Thus, petitioner failed to rebut the presumptionthat official duty had been regularly performedby JudgeZenarosa under the rules.Catiis vs. CA.