Republic of the Philippines

First Judicial Region

MUNICIPAL TRIAL COURT
Luna, La Union

PEOPLE OF THE PHILIPPINES,

Plaintiff,

-versus- CRIMINAL CASE NO. 2931

FOR: ACTS OF LASCIVIOUSNESS

GODOFREDO MEGALLON,
Accused.
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COMMENTS AND OPPOSITION

TO PLAINTIFF’S FORMAL OFFER OF EVIDENCE

COMES NOW, the Accused, by the undersigned counsel and unto this
Honorable Court, most respectfully submit this Comments/Opposition to
Plaintiff’s Formal Offer of Evidence dated May 17, 2019 and received by the
undersigned counsel on May 22, 2019, to wit:

Exhibit Details/Nature Comment/Opposition

A Extract Copy of Police  Admitted ONLY as to its existence but
Blotter DENIED as to the purpose for which it
is being offered for the following
reasons:

1. It is self-serving;

2. It does not prove that the incident as

reported and described therein by the
private complainant actually
happened;

3. It does not prove the elements of the

crime being charged against herein
accused as it does not establish that
there was indeed an act of lewdness
(lasciviousness) on the part of the
accused;

4. The facts stated therein were all

Comments & Opposition to Plaintiff’s Formal Offer of Evidence; Page 1 of 3
Re: Criminal Case No. 2931 for Acts of Lasciviousness (PP v. Megallon)
 supplied by the private complainant
and no investigation on the ground
was conducted by the police; neither,
an investigation involving the accused
was ever conducted by the police
authorities;

5. It was never testified upon by the

police officer who interviewed the
private complainant and who
prepared the subject police blotter;
and

6. It cannot be used against herein

accused on the ground that he was
not afforded the chance to cross-
examine through counsel the police
officer who conducted the interview
of the private complainant and who
prepared the subject police blotter.

WHEREFORE, premises considered, the Accused respectfully prays that the

above-mentioned Exhibit “A” for the Plaintiff be denied and/or Comments be
noted.

Other reliefs just and equitable are likewise prayed for.

City of San Fernando, La Union for Luna, La Union, May 27, 2019.

MOSUELA, GONZALES & ASSOCIATES LAW OFFICES

Counsel for the ACCUSED
NORTESURLU Bldg., Purok 3, Sevilla
San Fernando City, La Union

By:

JAIME C. GONZALES, JR.

Roll No. 68552, May 29, 2017
IBP O.R. No. 098528, January 4, 2019 (LU Chapter)
PTR No. LU 3411669A, January 4, 2019
MCLE Comp. No. VI-0007263, valid until April 14, 2022

NOTICE
Comments & Opposition to Plaintiff’s Formal Offer of Evidence; Page 2 of 3
Re: Criminal Case No. 2931 for Acts of Lasciviousness (PP v. Megallon)
The Branch Clerk of Court
Municipal Trial Court
Luna, La Union

G R E E T I N G S!

Kindly submit upon receipt of this COMMENTS & OPPOSITION TO

PLAINTIFF’S FORMAL OFFER OF EVIDENCE to the Honorable Court for its kind
consideration and approval.

Thank you.

JAIME C. GONZALES, JR.

COPY FURNISHED: (via registered mail with return card due to lack
of delivery personnel to effect personal delivery)

PROS. FLORENCE MARIE A. GACAD-ULEP

OFFICE OF THE PROVINCIAL PROSECUTOR
PROVINCE OF LA UNION

Comments & Opposition to Plaintiff’s Formal Offer of Evidence; Page 3 of 3

Re: Criminal Case No. 2931 for Acts of Lasciviousness (PP v. Megallon)