REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
BRANCH 124, CALOOCAN CITY

PEOPLE OF THE PHILIPPINES

-versus- CRIM. CASE NO. 117432

JENJEN VALDERAMA Y VALADAREZ,

Accused.

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COMMENT OPPOSITION
(ON THE MOTION FOR ISSUANCE OF WRIT OF EXECUTION WITH
MOTION TO REVIVE)

COMES NOW, Accused, through the undersigned counsel and before this
most Honorable Court, respectfully avers that:

1. On March 15, 2023, the undersigned counsel of the IBP CalMaNa Legal
Aid received the copy of the MOTION FOR ISSUANCE OF WRIT OF
EXECUTION WITH MOTION TO REVIVE filed by the state for the
private complainant dated March 8, 2023.

2. The said motion alleges that herein accused failed to comply with the
provision of the compromise agreement which is to give P 4,000.00/-
monthly for the support of the private complainant.

3. However, based on the records, it appears that JenJen Valderama had

provided on August 2022 the sum of Php 2,000.00/- contrary to what the
private complainant claimed in her motion that JenJen did not so. The copy
of the GCASH screenshot proof of sending the said amount for August is
hereby attached as ANNEX-1 of this Comment.

4. Jenjen, with all his honesty is trying to come up with the agreed amount to
be sent on a monthly basis to the private complainant as support. However,
due to the fact that he has no regular source of income and only gets his
income from going as an “extra” in other blue collar job opportunities being
offered by his friends, he is having a hard time in providing the amount
agreed in the compromise agreement.

5. With bent knees, Jenjen now asks this Honorable Court for its kind
understanding and not to revive the case against him by keeping in mind the
hardships and his plight in taking jobs without any assurance of regular
income in his area. If only he can land a job which offers enough salary to
sustain the amount stated in the compromise agreement, he would have went
with it and worked hard. However, such is not the reality in this country
where a lot of Filipinos cannot be hired due to lack of qualification for the
open job opportunities.

6. The Honorable Court in this view should deny the motion of the private
complainant for humanitarian reasons and since it is a better situation for the
private complainant to receive support from JenJen, albeit a bit lower than
what was agreed in the compromise agreement that to put him in jail and
totally received nothing at all. Akin to the concept in taxation where the
power to tax is also called the power to destroy is a similar situation in this
case which when exercised unfairly would mean killing the hen which lays
the golden egg.”