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Comment On Demurer To Evidence 3
Comment On Demurer To Evidence 3
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But having alleged and admitted that Maria Erlinda was not a
legitimate daughter, plaintiff completely destroyed the
certificate's worth as evidence.” (Crisologo v. Macadaeg,
G.R. No. L-7071, April 29, 1954)
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TSN June 6, 2011 p.11.
LI COLUMNA
Q: : Mr. Witness, you said that your parents, Mr. Romeo Joves, was never married?
A: Yes, sir.
Q: And as proof, you presented the CNOMAR? Certificate of no marriage.
A: Yes, sir.
Q: And you also said that your mother did not marry?
A: Yes, sir
Q: You presented a Cnomar?
A: Yes, sir
Q: May I see the CNOMAR. So, based on this document, Exhibit E, which is the CNOMAR of
Ludith T. Briones, it alleged that she never married?
A: Yes, sir.
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Exhibit A
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TSN June 6, 2011, p. 5-6
LI COLUMNA:
Q: Mr. Witness, so you have presented your birth certificate and you have identified that this
signature under your birth certificate, you are not familiar with the signature of your father,
but Mr. Witness, you also presented PNP personal data, personal card, which is you said that
is the signature?
A: I am not familiar with the signature of my father. I am not also familiar with the signature
indicated in the personal data.
Q: But you said a while ago, Mr. Witness, when I asked you that if there is any other signature
of your father, you said, this is the one.
A: The record is 1993. He signed that in 1993. I am not familiar with his signature.
Q: So, Mr. Witness, based on this birth certificate and PNP Personal card, under the signature
of Romeo Joves, between the two, would you agree with me, there is the difference with the
signature?
A: Yes, sir.
ATTY. DEFANTE: Objection, your Honor.
LI COLUMNA: Already answered, your Honor.
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5. Although it may be noted that the plaintiff has presented the
Certificate of No Marriage of Ludy Briones as Exhibit “EE”, it is
respectfully submitted that Ludy Briones herself admitted that before
the 2006 certification of the NSO given, that is, her own birth
certificate in which she herself was the informant, she has no
documentary evidence that she goes by the name Ludy Briones
before such filing of her Certificate of Live Birth. Thus, Exhibit “EE” is
only prima facie evidence of record as unmarried after such
registration as Ludy Briones.
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10. Rule 33 Sec. 1 and Rule 8 Sec. 7 and Sec. 8 of the Rules of
Court sate that:
11. It should be noted that the plaintiff has never presented the
document he wishes to be annulled, that is the Extrajudicial
Settlement of Estate with Waiver of Rights. It was not attached to the
complaint filed on February 28, 2008, nor was it included in the
Formal Offer of Evidence submitted by the plaintiff to this Honorable
Court on July 14, 2014.
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established from them is only the general result of the
whole; and
13. Absent any proof that the document is part of any exception
to the rule stated above, the original of the document must be
produced. Secondary evidence through a recital of its contents in
some authentic document, as what the plaintiff is trying to do in this
case should only be allowed if the original document is unavailable or
when it is in adverse party’s custody or control as provided for in in
Rule 132 Sec. 5 and Sec. 6:
RESPECTFULLY SUBMITTED
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Counsel for the Petitioner
Room 107, 1/F Malcolm Hall
College of Law
University of the Philippines
Diliman, Quezon City
Tel. No. 9276260
By:
MELAMARISA L. MAURICIO-PANOTES
Supervising Lawyer
Roll of Attorneys No. 45192
IBP No.02323/Lifetime Member/08-Mar-01/
Quezon City
PTR No. CN-0414652/6-Jan-15/Camarines
Norte
MCLE Compliance No. IV-0018696/26-Apr-
13/Pasig City
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Copy furnished: