Republic of the Philippines

REGIONAL TRIAL COURT OF NEGROS ORIENTAL

7th Judicial Region
Branch 37
(FAMILY COURT DESIGANTE)
Dumaguete City

PEOPLE OF THE PHILIPPINES,

Plaintiff, CRIMINAL CASE No. 2012-21342
For: MURDER
-versus-

BALATZAR “Tasse” Entea,

RENJIE ENTEA, RICHARD
“Toto” ENTEA, and FIVE (5)
JOHN DOES,
Accused.
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THE DEFENSE’S COMMENT TO THE PEOPLE’S

“MOTION WITH LEAVE OF COURT TO ALLOW THE
PROSECUTION TO ADD DOCUMENTARY AND
TESTIMONIAL EVIDENCE WITH MOTION TO
AMEND PRE-TRIAL ORDER”

Accused, by the undersigned counsel, commenting and/or objecting to

the Prosecution’s “Motion with Leave of Court to Allow the Prosecution to
Add Documentary and Testimonial Evidence with Motion to Amend Pre-
Trial Order”, most respectfully states, that:

A perusal of the records, more specifically, the August 7 th, 2015

Pre-trial Conference Minutes (pgs. 79-82 of the records) show that
although PO1 Fuentes as well as the Police Blotter No. 488 are named
as pieces of evidence for the State, neither Jimmy Cuevas nor the
affidavit which he produced were mentioned. The minutes of the Pre-
trial Conference further detail that while the Defense had reserved the
right to include additional evidence for Pre-trial, the Prosecution did
not.

Furthermore, on August 12th, 2015, subsequent to Pre-trial, the

Pre-trial Order (pgs. 89-92 of the records), is absent in naming not
only Jimmy Cuevas and his Affidavit as evidence for the prosecution
but as well as PO1 Fuentes. In addition, the Pre-trial Order gives both
parties the directive to go over said Order for the purposes of finding
errors and to correct the same within five (5) days of reception or,
thereafter, no correction can be made.
 The Defense cedes that there was a possible inadvertent
omission of PO1 Fuentes as a piece of testimonial evidence by the
Prosecution during Pre-trial due to the fact that Police Blotter No. 488
is listed in the Pre-trial Order and said Blotter as well as PO1 Fuentes
were mentioned in the Pre-trial Conference Minutes.

The Defense also cedes that there was a possible inadvertent

omission of documentary evidence to prove actual damages during
Pre-trial due to the fact that Mely Yaco Cuevas is cited in the Pre-trial
Order as well as in the Pre-trial Conference to testify on the issue of
civil liability.

However, the Defense cannot cede that there was an inadvertent

omission by the Prosecution, at the time of Pre-trial, in omitting the
pieces of evidence of Jimmy Cuevas and his affidavit due to the fact
that neither he nor his affidavit are listed in the Pre-Trial Conference
Minutes and are also absent in the Pre-Trial Order.

The Defense most humbly submits that by allowing the

additional evidence outside of this period, almost eight (8) months
after the Pre-trial Conference and Pre-trial Order, would violate the
defendant’s constitutional right to due process for being contrary to
not only the order of this Honorable Court directed to both parties in
said Pre-Trial Order but also Section 4, Rule 118 of the Revised Rules
on Criminal Procedure as amended. The Defense believes that the
Honorable Court allowed measures for the prevention of a manifest
injustice by giving the parties five (5) days to make corrections on
said Pre-trial Order.

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed

of this Honorable Court that the aforementioned Motion filed by the
Honorable Prosecution be denied and consequently, the Pre-trial Order
issued and dated August 12, 2015 be retained.

Such other reliefs and remedies as may be deemed just and equitable
under the premises are likewise prayed for.

RESPECTFULLY SUBMITTED.

Dumaguete City, Philippines. September 15, 2016.

Nathan Joseph P. Ramacho

Counsel for the Accused
 Roll No. 65300
IBP No. 1042636, 06/15/2016 at Manila
PTR No. 0558080, 07/20/2016 at Dauin, Neg. Or.
MCLE Governing Board Order No. 1, Series of 2008
(Deadline of Compliance: April 2019)
Oriental Village, Lipayo, Dauin, Neg. Or.

Notice and copy furnished to:

Pros. Emmylou D. Bendanillo

PPO, Dumaguete City