Republic of the Philippines

REGIONAL TRIAL COURT

11th Judicial Region
JUSTICE ON WHEELS
Malungon, Sarangani Province
o00o

THE PEOPLE OF THE PHILIPPINES, CRIM. CASE NO. 3101-08

Plaintiff, 3122-08

- versus - - for -

EDGAR PARDICO BACULNA, VIOLATION OF SEC 5 &

Accused. 11, ART II OF RA 9165
X ------------------------------X

COMMENT

ACCUSED, through counsel and unto this Honorable Court,

most respectfully submits his comment/objection to the exhibits
offered in evidence by the prosecution, to wit;

Exhibit “A” - Affidavit of Apprehension of PO1 E. Entong

And series

Comment/Objection – Inconsistent with the testimony in open

Court; the arrest was not supported by
any photograph despite the proximity of
of the back-up team;

Exhibit “B” - Affidavit of Neil Joyce G. Liansing

And series

Comment/Objection – Testimony was inconsistent with human

Nature and experience; the negotiation
Was not supported with photograph or
Audio recording despite the fact that the
Buy-bust operation was done in broad
Daylight;

Exhibit “C” - Affidavit of Justification

And series

Comment/Objection – Inadmissible for failure to comply the

Requirements provided for by law after
The arrest of the accused;

Exhibit “D” - Buy-bust Money

Page-1

Cont/comment/baculna……..Page-2
-----------------------------------------------------------------------------------
Comment/Objection – Inadmissible; the buy bust money was
Not properly authenticated;

Exhibit “E” - Request for Drug test for Baculna

And series

Comment/Objection – Violation of the constitutional right of the

Accused; constitute “fishing expedition”
The arresting authorities;

Exhibit “F” - Chemistry Report D-144-2008

And series

Comment/Objection – The subject specimen was illegally

Obtained by the arresting authorities;

Exhibit “G” - Chemistry Report DT-127-2008

And series

Comment/Objection – The subject specimen was illegally

Obtained by the arresting authorities;

Exhibit “H” - Inventory Receipt

And Series
\
Comment/Objection - Inadmissible for reason that it was not
Prepared at the place of arrest; that the
Witnesses were not present prior to, and
During the arrest; merely affixed their
Signature in the receipt;

Exhibit “I” - Pictures

And series

Comment/Objection – Inadmissible for being suggestive as to

The guilt of the accused;

Exhibit “J” - Marijuana

And series

Comment/Objection – Inadmissible being the “fruit of the

Poisonous tree”; planted evidence.

Exhibit “K” - Money

And series

Comment/Objection – Inadmissible for not being authenticated;

Page-2
Cont/comment/baculna…………..Page-3
-------------------------------------------------------------------------------

WHEREFORE, it is most respectfully prayed that the evidences

and exhibits submitted by the prosecution subject of the
comment/objection by the accused be denied admission for the
purpose it was offered.

Other relief just and equitable are likewise prayed for.

Alabel, Sarangani Province, 04 February 2014.

RESPECTFULLY SUBMITTED:

PUBLIC ATTORNEY'S OFFICE

Department of Justice
Sarangani District Office
Alabel, Sarangani Province
BY:

SALVADOR G.TALAMAYAN
District Public Attorney
Roll N0. 43509
MCLE-IV N0. 0010737 - 21 Dec 12

Copy Furnished: PPO

 As regards to Casicas, as stipulated;

Exhibit “D” - Death certificate of Elvie D. Rosal

And series
Comment/Objection – Admitted as stipulated

Exhibit “E” - Marriage Contract

And series
Comment/Objection – Admit as stipulated.

Page-1

Cont/comment/rosal………Page-2

Exhibit “F” - Pictures

Comment/Objection – Not duly authenticated

Exhibit “G” - Affidavit of Concordio Daño

And series
Comment/Objection – Not affirmed in open Court; hearsay

Exhibit “H” - Knife

Comment/Objection – Not identified in open Court; hearsay

WHEREFORE, it is most respectfully prayed that the evidences

and exhibits submitted by the prosecution subject of the
comment/objection by the accused be denied admission for the
purpose it was offered.
 Alabel, Sarangani Province. 23 April 2013.

RESPECTFULLY SUBMITTED:

PUBLIC ATTORNEY'S OFFICE

Department of Justice
Sarangani District Office
Alabel, Sarangani Province
BY:

SALVADOR G.TALAMAYAN
District Public Attorney
MCLE-IV N0. 0010737 - 21 Dec 12
Roll N0. 43509

Copy Furnished: PPO

Exhibit “D” - Affidavit of Leopoldo V. Custo

Comment/Objection – In consistent with the testimony in open court; the

affidavit was based on assumption and conjecture;
Exhibit “F” Death Certificate of Danilo B. Mina;
sub-markings

Comment/Objection – Admitted as stipulated;

Exhibit “G” - Admitted a stipulated;

WHEREFORE, it is most respectfully prayed that the evidences and

exhibits submitted by the prosecution subject of the comment/objection by the
accused be denied admission for the purpose it was offered.

Alabel, Sarangani Province. 21 May 2010.

PUBLIC ATTORNEY'S OFFICE

Department of Justice
Sarangani District Office
Alabel, Sarangani Province
Page-1

Cont/offer/buayaban--------------Page-2

BY:

SALVADOR G.TALAMAYAN
District Public Attorney

NOTICE

The Clerk of Court

Justice on Wheels
Glan, Sarangani Province

Greetings!

Please submit the foregoing comment on the formal offer of exhibits

immediately upon receipt hereof for the kind consideration and evaluation of the
Honorable Court.

SALVADOR G.TALAMAYAN

Copy furnished: Office of the Provincial Prosecutor