Republic of the Philippines

_____________________________
_________________________
____________________

PEOPLE OF THE PHILIPPINES,

Plaintiff, Crim. Case No.
___________
-versus-
For: RIR in Less Serious
_____________________________, Injuries and Damage to
Accused. Property
x------------------------------------x

COMMENT AND OPPOSITION

(To Plaintiff’s Formal Offer of Evidence)

Accused, _____________________, through the Public Attorney’s

Office, by the undersigned counsel, and unto this Honorable Court,
most respectfully submits this Comment and Opposition to the
Plaintiff’s Formal Offer of Evidence, and states that:
Complainant __________________________
Exhibit “A” and Sinumpaang Salaysay of _________________
“A-1” and his signature
Exhibit “K” Estimate paper found on page 25 of the
records
Exhibit “O” to Prescriptions and receipts of
“O-4” ____________________
Exhibit “U” Job Order receipt for Motorcycle repair
Exhibit “R” Official Receipt issued by the LTO to
______________
Exhibit “S” Motorized Tricycle Operator’s Permit issued to
__________
Exhibit “T” Temporary Plate
Exhibit “T-1” to Vehicle Insurance policy issued to
“T-3” __________________

COMMENT AND OPPOSITION: The above-mentioned exhibit

should not be admitted in evidence for being self-serving, irrelevant
and in contrary to the best evidence rule.

Complainant Fran____________________
Exhibit “B” and Sinumpaang Salaysay of ___________________
“B-1” and his signature thereof.
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Exhibit “H” Estimate of damages of ________________

COMMENT AND OPPOSITION: The above-mentioned exhibit

should not be admitted in evidence for being self-serving, irrelevant
and contrary to the best evidence rule.

Complainant _____________________
Exhibit “C” and Sinumpaang Salaysay of _________________
“C-1” and his signature thereof.
Exhibit “M” Estimate of damages of ____________________
Exhibit “W” Certificate of Registration in the name of
___________________
Exhibit “W-1” Official receipt issued in the name of
___________________

COMMENT AND OPPOSITION: The above-mentioned exhibit

should not be admitted in evidence for being self-serving and
immaterial.

Complainant ________________, _____________ and ______________

Exhibit “D” Sinumpaang Salaysay of
_____________________
Exhibit “D-1” Signature of _____________________
Exhibit “D-2” Signature of ___________________
Exhibit “D-3” Signature of ______________________
Exhibit “I” Estimate of damages of ______________
Exhibit “J” Estimate of damages of ___________________
Exhibit “L” Estimate of damages of ______________
Exhibit “BB” Certificate of Registration issued to
______________
Exhibit “BB-1” Official Receipt issued to ______________
Exhibit “CC” Job Order Receipt in the name of
_________________

COMMENT AND OPPOSITION: The above-mentioned exhibit

should not be admitted in evidence for being self-serving and
immaterial and in contrary to the best evidence rule.

Complainant ______________
Exhibit “E” and Sinumpaang Salasay of _________________ and
“E-1” his signature thereof
Exhibit “X” Official Receipt from ____________ amounting
to 300,000.00
Exhibit “Y” Certificate of Registration issued to
_____________
Exhibit “Y-1” Official Receipt issued to _______________

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COMMENT AND OPPOSITION: The above-mentioned exhibit
should not be admitted in evidence for being irrelevant and self-
serving.

Complainant ______________________
Exhibit “N” Estimate of damages of ____________________

COMMENT AND OPPOSITION: The above-mentioned exhibit

should not be admitted in evidence for being immaterial.

Exhibits common to all complainants

Exhibit “F” Joint Affidavit of arrest
Exhibit “F-1” Signature of PO1 _________________
Exhibit “F-2” Signature of PO1 __________________
Exhibit “G” Sketch
Exhibit “P” to “P- Photographs
14”
Exhibit “Q” Spot Report
Exhibit “V” Photographs of the accused
Exhibit “Z” to Photographs
“Z-11”

COMMENT AND OPPOSITION: The above-mentioned exhibit

should not be admitted in evidence on the ground that the
arresting officer being a mere responder after the crime has
already been committed is incompetent to testify or to establish the
presence of the accused at the scene of the crime during its actual
commission. The arresting officer has no personal knowledge nor
has a well-grounded belief that the accused was at the scene of the
crime for the obvious reason that they were not present at the time
the crime was committed.

The Accused also objects to the purpose of the offer which is to

testify and correlate the pieces of evidence acquired from the scene
of the crime with the commission of said crime. Again, being not
present during the actual commission of the crime, the witness is
incompetent to correlate the pieces of evidence acquired from the
scene of the crime, and not being offered as an expert witness, his
testimony regarding this matter is mere speculation thus,
inadmissible in evidence.

Complainant __________________________
Exhibit “AA” Pinagsamang Sinumpaang Salaysay ng
nagrereklamo

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COMMENT AND OPPOSITION: The above-mentioned exhibit
should not be admitted in evidence for being immaterial.

Exhibit “AAA” Medico Legal Certificate issued by

___________________ dated November 28, 2018
Exhibit “BBB” Medical Abstract issued by ________________
dated November 25, 2018
Exhibit “CCC” Medical Certificate issued by
_________________ dated April 22, 2019
Exhibit “DDD” to Receipts from _______________
“DDD-4”
Exhibit “DDD-5” Receipts from ____________________ store
to “DDD-9”
Exhibit “DDD- Additional Receipts from __________
10” to “DDD-14”
Exhibit “DDD- Additional Receipts from ______ and _______
15” to “DDD-17”
Exhibit “DDD- Six (6) receipts for medicines
18” to “DDD-23
Exhibit “EEE” Repair Estimates dated November 23, 2018
Exhibit “FFF” Certificate of Registration

COMMENT AND OPPOSITION: The above-mentioned exhibit

should not be admitted in evidence for being irrelevant and self-
serving. The accused objects to the offer that the registration was
duly paid on the ground that there is no proof that the original was
offered to the Court for the Record, contrary to the principle of the
Best Evidence Rule.
The accused further objects to the admission because there was no
showing of any official receipts to prove the connection of the
medicines purchased to the actual injuries sustained by the
complainant and to prove actual and other expenses.
PRAYER

WHEREFORE, premises considered, it is most respectfully

prayed of the Honorable Court to disregard the foregoing
documentary exhibits and render them as inadmissible for the
purpose/s for which they are offered.

Other just and equitable reliefs are likewise prayed for.

21 February 2020 in the City of _________________

By:

Attorney I

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Copy Furnished:

_______________________
Public Prosecutor
Office of the City Prosecutor
A______________________

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