Republic of the Philippines

National Capital Judicial Region

Regional Trial Court
Branch 58, Makati City

People of the Philippines,

Complainant, Criminal Case No. 05-131702
For: MURDER
-versus-

Louie Gajutos,
Accused.
x----------------------------------------------------x

COMMENT ON/ OPPOSITION TO

(Prosecution’s Formal Offer of Exhibits
dated 21 September 2006)

ACCUSED, through the undersigned counsel and unto this

Honorable Court, most respectfully states that:

On 30 September 2006, accused filed their “Opposition” to the

Prosecution’s “Motion to Admit Formal Offer of Evidence” by
registered mail. Therein, the accused prayed that said motion be
denied or in the alternative, they be allowed to submit their
Comment/ Opposition to the Prosecution’s Formal Offer of Exhibits.
Hence, the instant Comment/ Opposition.
Accused hereby respectfully submits the following comments on
and/ or objections to, the said Formal Offer of Evidence:

1. Exhibits “A”, “B”, “C”, “D” and its sub-markings. Accused admit
only the existence of the documents. They are objected to for
being self-serving and bias. Further, they do not prove the
purposes for which they are being offered.

2. Exhibits “E”, “F”, “G”, “H” and sub-markings. Accused objects to

these exhibits as it appears that they have not yet been
identified in court.

3. Exhibits “I”, “I-4”and sub-markings. Accused admits only the

existence of these documents.

4. Exhibit “J”. Accused objects to its admissibility as secondary

evidence considering the original document has not been
shown to be lost, destroyed or that it cannot be produced in
court; nor has its execution, existence and cause of
unavailability been shown according to the rules on evidence.
Therefore, the exhibit is incompetent to prove the contents of

1
 the writing. Moreover, they are self-serving, hearsay and
misleading.

5. Exhibits “K” and sub-markings. Accused admits the existence

only but objects to their admissibility with respect to the
purposes for which they are being offered. Clearly, these
documents are self-serving.

PRAYER

WHEREFORE, Accused respectfully prays that the foregoing

comments on and/ or objections to the exhibits offered by the
prosecution be considered in resolving the Prosecution’s Formal Offer
of Exhibits.

Accused likewise prays for such other relief as may be deemed

just and equitable.

RESPECTFULLY SUBMITTED.

30 September 2006; Makati City.

LLB 1-4 LAW OFFICE

Guadalupe Viejo, Makati City

By:

SOPHIA CUETO-MOLAR
Counsel for the Defense
Roll No. 7635/ 4/2/02
IBP No. 390470/ 2/20/04
MCLE Compliance No. 736491/ 12/20/01
PTR No. 87236/ 1/23/96

Copy furnished: (by personal service)

HON. KATHERINE MORAN
ASSISTANT CITY PROSECUTOR
Office of the City Prosecutor
Makati City