Republic of the Philippines

REGIONAL TRIAL COURT

6th Judicial Region
Branch 60, Cadiz City

PEOPLE OF THE PHILIPPINES, CRIM. CASE NO. 14-

Complainant, 4976-C
-versus-

NIEL AREVALO y DEQUINA for: Violation of R.A. 10591

Accused.
x- - - - - - - - - - - - - - - - -x

COMMENTS/OBJECTIONS TO EXHIBITS FORMALLY

OFFERED BY THE PROSECUTION FOR ADMISSION

DEFENSE, by undersigned counsel, unto the Honorable Court most

respectfully states its objections to and/or comments on the exhibits formally
offered by the prosecution for admission, as follows:

EXHIBIT NATURE and COMMENT

“A” Joint Affidavit of Arrest of PO3 Jorge Napilan and

PO2 Warren Lex Dela Cruz

Comment/Objection: Defense admits the existence of Exhibit A and its

sub-markings. However, Defense denies the contents of the same as self-
serving.

“B” Affidavit of Jose M. Alde, Jr.

Comment/Objection: Defense admits the existence of Exhibit B and its

sub-markings. However, defense has no admission as to the contents of the
said exhibit and sub-markings. The same is self-serving.

“C” Remittance Encashment Manifesto

Comment/Objection: Defense admits the existence of Exhibit C and its

sub-markings. However, defense has no admission as to the contents of the
said exhibit and sub-markings.
“D” Affidavit of Henry Melocoton

Comment/Objection: Defense admits the existence of Exhibit D and its sub-

markings. Defense objects the transferring of the marking from the
photocopy to the original. What was presented in court was only the
photocopy.

“E” Police Blotter Entry with entry no. 20140489

Comment/Objection: Defense admits the existence of Exhibit E and its sub-

markings. The same piece of evidence is self-serving.

“F” Photograph of the firearm, holster and 6 ammunition

Comment/Objection: Defense admits the existence of Exhibit F and its sub-

markings. However, defense has no admission as to the contents of the said
exhibit and sub-markings.

“G” Certification from Firearm and Explosives Office

dated January 10, 2018

Comment/Objection: Defense admits the existence of Exhibit G and its

sub-markings. However, defense has no admission as to the contents of the
said exhibit and sub-markings.

“H” .357 caliber revolver magnum

Comment/Objection: Defense admits the existence of Exhibit H and its

sub-markings. However, defense has no admission as to the identity of the
same object as it has no serial number or distinct mark that would make the
same a specific object used in the crime. The marking JMN which is
presented as Exhibit “H-1” is questionable as the marking was made after
the alleged arrest.

“I” Six Live Ammunition “RCD” marking

Comment/Objection: Defense admits the existence of Exhibit I and its

submarkings but stresses that the same has no evidentiary weight as they are
but a product of questionable and illegal seizure which is a product of the
illegal arrest of the accused.
 PRAYER

WHEREFORE, it is most respectfully prayed of the Honorable Court that the

foregoing comments and/or objections be considered.

Other just and equitable relief under the circumstances are also prayed for.

RESPECTFULLY SUBMITTED. Cadiz City, Philippines.

26 April 2019.

PUBLIC ATTORNEY’S OFFICE

Counsel for the Accused
Cadiz City District Office
Counsel for the Movant
2/F SGE Building
Cabahug Street, Cadiz City

By:

RALPH ROMEO B. BASCONES

Public Attorney I
Roll No. 70712
IBP No. 062827/01-04-19/Pasig City
MCLE Compliance - Admitted to the Bar 2018

HON. JANE DEE V. MADERAZO

OIC-City Prosecutor
Cadiz City

Madame:
Please submit to the Honorable Court immediately upon receipt hereof for its
kind consideration and resolution the foregoing Comments/Objections to the
exhibits formally offered by the prosecution for admission.

Thank you.

RALPH ROMEO B. BASCONES

ATTY. FELIX G. GUARNES, JR.
Clerk of Court VI
RTC, Branch 60
Cadiz City

Sir:

Please submit to the Honorable Court immediately upon receipt hereof for its
kind consideration and resolution the foregoing Comments/Objections to the
exhibits formally offered by the prosecution for admission.

Thank you.

RALPH ROMEO B. BASCONES