Marking of Evidence of the Prosecution

New Matters the Court will Consider During Pre-Trial

1. The limitation of the number and identification of witnesses and the setting of trial dates.
2. Marking of parties' respective evidence if not yet marked in the judicial affidavits of their witnesses.
3. Examination and comparisons of the adverse parties' evidence vis-a-vis the copies to be marked.
4. Stipulations regarding the faithfulness of the reproductions and the genuineness and due execution of the adverse parties' evidence.
5. Reservations of evidence not available at the pre-trial, but only in the following manner: - For testimonial evidence, by giving the name or
position and the nature of the testimony of the proposed witness - For documentary evidence and other object evidence, by giving a
particular description of the evidence.

OBJECTIONS

1. faithfulness of the reproductions marked AND 2 . Genuineness and due execution

RULE 118 - PRE-TRIAL

Pre-trial conference to consider the following:

(a) plea bargaining;

(b) stipulation of facts;

(c) marking for identification of evidence of the parties;

(d) waiver of objections to admissibility of evidence;

(e) modification of the order of trial if the accused admits the charge but interposes a lawful defense; and

(f) such matters as will promote a fair and expeditious trial of the criminal and civil aspects of the case.

Sec. 2. Pre-trial agreement. – All agreements or admissions made or entered during the pre-trial conference shall be reduced in writing and signed
by the accused and counsel, otherwise, they cannot be used against the accused. The agreements covering the matters referred to in section 1 of
this Rule shall be approved by the court.

A.M. No. 12-8-8-SC

JUDICIAL AFFIDAVIT RULE

Section 9. Application of rule to criminal actions. - (a) This rule shall apply to all criminal actions:

(1) Where the maximum of the imposable penalty does not exceed six years;

Theory of the Prosecution

Dennis Jeffrey Flores abandoned and failed to give support to their child despite his capacity to render financial support, thereby depriving their
child of his love, care and protection which causes emotional and mental anguish to complainant and their child in violation of Sec. 5(I) of RA 9262. 

Theory of the Defense 

The present case contemplates an issue of support and not of a criminal case. The accused has no intention to abandon his illegitimate
child with the private complainant or deny the child of support. In fact, even until today, the accused has been consistently giving financial
support as long as his means is sufficient. The complainant is weaponizing the law to commit injustice. It is imperative to look at the situation of the
accused since the amount of support must be in proportion to the resources or means of the giver.

The right to support does not arise from mere fact of relationship but from imperative necessity without which it cannot be demanded. The law
presumes that such necessity does not exist unless support is demanded. The matter at hand is just a case of support and not a criminal case since
the complainant is asking the accused to adjust or increase the monthly support to their child. 

Revised Rules Of Evidence

Rule 130 Sec 4(a) as amended provides "an original of a document is the document itself or any counterpart intended to have the same effect by a
person executing or issuing it. An original of a photograph includes the negative or any print therefrom. If data is stored in a computer or similar
device any print out or other output readable by sight or other means, shown to reflect the data accurately is an original.