Comment/Opposition: Republic of The Philippines

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Republic of the Philippines

National Capital Judicial Region


REGIONAL TRIAL COURT

PEOPLE OF THE PHILIPPINES,

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

COMMENT/OPPOSITION

by counsel, respectfully comments and/or objects to the Formal Offer of


Evidence of the Prosecution as follows:

EXHIBIT DOCUMENT COMMENT/OBJECTION


“A” Resolution Admits the existence and
authenticity of said exhibit
but objects to the purpose
for which it was offered for
being irrelevant.

The resolution that the case


passed through preliminary
investigation is not
evidence per se. There is no
proof of sexual intercourse
or lascivious conduct,
performed with a child
exploited in prostitution or
subjected to sexual abuse, or
that the child, whether male
or female, is below 18 years
of age.
“B” to “B-1” Sinumpaang Salaysay Admits the existence and
of Private authenticity of said exhibit
but objects to the purpose
Complainant
for which it was offered for
being self-serving, that the
same are mere conclusions
of law, and that the same are
not supported by the
evidence on record.

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To stress, allegations in a
Sinumpaang Salaysay are
not evidence per se. There is
no proof of sexual
intercourse or lascivious
conduct, performed with a
child exploited in
prostitution or subjected to
sexual abuse, or that the
child, whether male or
female, is below 18 years of
age extant in the said exhibit
other than the bare
allegation of the private
complainant.
“C” Complaint Sheet Admits the existence and
authenticity of said exhibit
but objects to the purpose
for which it was offered for
being self-serving, that the
same are mere conclusions
of law, and that the same are
not supported by the
evidence on record.

To stress, allegations in a
Complaint Sheet are not
evidence per se. There is no
proof of sexual intercourse
or lascivious conduct,
performed with a child
exploited in prostitution or
subjected to sexual abuse, or
that the child, whether male
or female, is below 18 years
of age extant in the said
exhibit other than the bare
allegation of the private
complainant.
“D” Request for Genital Objects to the purpose for
Examination which it is being offered, for
the reason that the said
exhibit is irrelevant and
immaterial to the allegation
of sexual intercourse or
lascivious conduct,
performed with a child
exploited in prostitution or
subjected to sexual abuse, or

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that the child, whether male
or female, is below 18 years
of age allegedly committed
by the accused.
“E” to “E-2-c” Initial Medical Record Objects to the purpose for
& Final Medical which it is being offered, for
the reason that the said
Record
exhibit is self-serving and
misleading.

The exhibits presented does


not prove the alleged sexual
intercourse and that there
was sexual abuse allegedly
committed by the accused.
“F” Certificate of Live Objects to the Purpose of the
Birth Offer, for the reason that the
said statements or
allegations of purposes are
self-serving, that the same
are mere conclusions of law,
and that the same are not
supported by the evidence
on record.

The exhibit was marked as


PROVISIONAL only. There
is no proof that the original
was offered to the Court for
the record.
“G” Certificate of Baptism Objects to the Purpose of the
Offer, for the reason that the
said statements or
allegations of purposes are
self-serving, that the same
are mere conclusions of law,
and that the same are not
supported by the evidence
on record.

The exhibit was marked as


PROVISIONAL only. There
is no proof that the original
was offered to the Court for
the record
“H” Sexual Crime Protocol Admits the existence and
authenticity of said exhibit
but objects to the purposes
for which they were offered

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for being self-serving, that
the same are mere
conclusions of law, and that
the same are not supported
by the evidence on record.

Allegations in the Sexual


Crime Protocol are not
evidence per se. There is no
proof of sexual intercourse
or lascivious conduct,
performed with a child
exploited in prostitution or
subjected to sexual abuse, or
that the child, whether male
or female, is below 18 years
of age extant in the said
exhibit other than the bare
allegation of the private
complainant.
“I” Manifestation of Admits the existence and
Consent authenticity of said exhibit
but objects to the purpose
for which it was offered for
being irrelevant and
misleading.

The exhibit presented does


not prove the alleged sexual
intercourse and that there
was sexual abuse allegedly
committed by the accused.
“J” Anatomical Sketch Admits the existence and
authenticity of said exhibit
but objects to the purpose
for which it was offered for
being irrelevant and
misleading.

The exhibits presented does


not prove the alleged
intercourse or lascivious
conduct, performed with a
child exploited in
prostitution or subjected to
sexual abuse, or that the
child, whether male or
female, is below 18 years of
age extant in the said exhibit

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other than the bare
allegation of the private
complainant.
“K” Clinical Abstract Admits the existence and
authenticity of said exhibit
but objects to the purpose
for which it was offered for
being irrelevant and
misleading.

The exhibits presented does


not prove the alleged
intercourse or lascivious
conduct, performed with a
child exploited in
prostitution or subjected to
sexual abuse, or that the
child, whether male or
female, is below 18 years of
age extant in the said exhibit
other than the bare
allegation of the private
complainant.

WHEREFORE, premises considered, the ACCUSED respectfully prays to


this Honorable Court to deny the admission of the foregoing exhibits
objected to for the reasons stated above.

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

RESPECTFULLY SUBMITTED.

For the Firm:

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