Republic of the Philippines

2nd Judicial Region

3RD MUNICIPAL CIRCUIT TRIAL COURT
PINUKPUK-RIZAL
Pinukpuk, Kalinga

PEOPLE OF THE PHILIPPINES, CRIMINAL CASE NO. ____________

Plaintiff,
for
-versus-
ACTS OF LASCIVIOUSNESS
XXXXXXXXXXXXXXXXXXXXXXXX
X
Accused.
x----------------------------------------------x

FORMAL OFFER OF EVIDENCE

ACCUSED, through the undersigned counsel, unto this Honorable Court,

most respectfully most respectfully files this FORMAL OFFER OF EVIDENCE
for marking and admission of the following:

EXHIBIT “1” Counter-Affidavit of the Accused

-To prove that the accused together with the witness

XXXXXXXX were both present at the Community Irrigation
System (CIS) where the alleged crime was committed on April
11, 2019;

-To prove that the private complainant at that time laid at the
side the basin of clothes she was carrying on her head and
proceeded to where she came from; and

-To prove that nothing happened between the accused and the
private complainant during that time.

EXHIBIT “2” Affidavit of Witness XXXXXXXXXXXXXXXX

-To prove that the witness XXXXXXXXXXXXXXXX was at the

place where the alleged crime was committed on April 11, 2019
gathering “gawed;”

-To prove that from where the witness was situated relative to
the position of the accused and the private complainant, he was
able to see them clearly;

-To prove that the witness saw the private complainant carrying
a basin of laundry on her head and unload the same upon
reaching the CIS;

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 -To prove that he did not see the accused approach the private
complainant and that he did not hear the private complainant
shout;

EXHIBIT “3” Affidavit of Witness XXXXXXXXXXXXXXXX

-To prove that the private complainant had been staying with
his family when the alleged sexual harassment on March 2017
happened;

-To prove that during that time, the private complainant never
mentioned such incident to him or to his wife; and

-To prove the material inconsistency in the testimony of the

private complainant that the alleged sexual harassment on
March 2017 happened during the harvest season of mangoes in
Magaogao, Pinukpuk, Kalinga.

With the submission and the admission of the above evidence together
with the oral testimony of the plaintiff and his witnesses, the defense rests its
case.

Tabuk City, Kalinga, February 16, 2021.

RESPECTFULLY SUBMITTED.

XXXXXX XXXXXX XXXXXX and XXXXXX LAW OFFICES

By:

XXXXXX XXXXXX
Roll No. XXXXXX; June 23, 2016
PTR No. XXXXXX; 01-04-21; Kalinga
IBP LIFETIME OR NO. XXXXXX; 04-01-17; Kalinga Chapter
MCLE No. XXXXXX, valid until 04-14-22

Copy furnished:
ATTY. XXXXXX X. XXXXXX Received by: _____________________
Public Prosecutor
National Prosecution Service-Kalinga Date: _____________________
Purok 6, Bulanao, Tabuk City, Kalinga

EXPLANATION

A copy of the foregoing Formal Offer of Evidence was served by

Registered Mail with Return Card to this Honorable Court and to the adverse
party, in lieu of personal service due to the non-availability of sufficient
personnel on the part of the undersigned counsel. (Disregard if served
personally.)

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XXXXXX X. XXXXXX