REPUBLIC OF THE PHILIPPINES

11th Judicial Region

REGIONAL TRIAL COURT
Branch 1
Tagum City, Davao del Norte

People of the Philippines

Plaintiff,

- versus - Criminal Case No. 21418

For: VIOLATION OF ELECTION GUN BAN
ROBERTO LUMACTOD,
Accused.
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People of the Philippines
Plaintiff,

- versus - Criminal Case No. 21425

For: OTHER LIGHT THREATS
ROBERTO LUMACTOD,
Accused.
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COMMENT/OBJECTIONS
(To the Plaintiff’s Joint Formal Offer of Exhibits) with Motion for
Leave of Court to File Demurrer to evidence

ACCUSED, by the undersigned counsel and unto this Honorable

Court, most respectfully comments and/or objects to the Plaintiff’s
Formal Offer of Exhibits dated 30 July 2020, to wit:

EXHIBITS DESCRIPTION COMMENTS/OBJECTIONS

A Affidavit The document is partly
Complaint/ objected to as hearsay
Apprehension document because there
are statements therein that
are speculative and some
 statements, the affiant has
no personal knowledge of.
B (also marked Pictures Pictures show that the
as Exhibit M in firearms allegedly
Criminal Case recovered from the accused
218825) were found at the backseat
C (also marked Pictures of the pick-up not owned
as Exhibit N in by him and not for his
Criminal Case exclusive use. The element
21825) of possession and control
is thus absent. It bears
noting also that the
pictures show firearms and
ammunition either laid on
the ground or was held by
the Police, contradictory to
the testimony in open
court of witness SPO1
Silagan who conducted the
search that the guns found
were inside their respected
cases.
D (also marked Investigation Hearsay as it only relayed
as Exhibit K in Report the affidavit
Criminal Case complaint/apprehension of
21825) SPO2 Silagan, which in
turn, are likewise not
based on personal
knowledge. No other
evidence or findings were
introduced/presented on
the said report.
H, H-1 TO H-5 M16 Colt Hartford Object evidence are
CT USA made by inadmissible being
Elisco SN products of invalid
RP1532179, warrantless search and
Magazine and seizure. The search was
Ammunitions conducted prior to arrest,
` Caliber .9mm the alleged object evidence
 Armscor SN: were not apparent as it
1532179, was inside their respected
Magazine, cases and that there were
Ammunitions and no other circumstances
FAIS-057-2016- presented to validate the
DN warrantless search.
J Request for Irrelevant as it is only a
Ballistic request and not the
Examination findings of the ballistic
report. The one who
prepared the request was
not also presented in court
to prove the authenticity
and due execution of the
said request.
CRIMINAL CASE NO. 21825
A Affidavit of The document is objected
Orlando Mejorada because the same was not
and Jaime identified by the affiants-
Buhangin dated witnesses in court, neither
April 19, 2016 did they affirm nor confirm
the veracity of the
averments thereto. There
also appears
inconsistencies in the
affidavit as it states that
the accused pointed a riffle
(long firearm) to Jaime
Buhangin, but the
testimonies of the Police
Officer revealed that the
“complainant complained
about being pointed with
the pistol and not the long
firearm.”

Furthermore, Accused through counsel most respectfully manifests:

 a. The prosecution has already presented its witnesses and has
formally offered its evidence;
b. Though the admissibility of exhibits offered is yet to be
resolved by the Honorable Court, the Accused seeks to leave
of court to file Demurrer to Evidence on the ground that the
evidence presented by the prosecution is not sufficient to
warrant a conviction of the guilt of the accused beyond
reasonable doubt;
c. This motion is filed in good faith and not for the purpose of
delaying the proceedings of this case.

PRAYER

WHEREFORE, it most respectfully prayed that the Honorable Court

consider and sustain the Comments and Objections to the
Prosecutions’ Formal Offer of Evidence and render the same
inadmissible in evidence. Furthermore, it is also respectfully prayed
that the Accused be granted Leave of Court to file Demurrer to
Evidence.

Other reliefs, just and equitable under the premises are likewise
prayed for.

Tagum City, Davao del Norte, 21, September 2020.