Republic of the Philippines

REGIONAL TRIAL COURT

6th Judicial Region
Branch 60, Cadiz City

PEOPLE OF THE PHILIPPINES, CRIM. CASE NO. 16-

Complainant, 5840-C
CRIM. CASE NO. 16-
-versus- 5841-C
CRIM. CASE NO. 16-
ELPEDIA QUIATCHON y MONSERATE, 5842-C
Accused.
x- - - - - - - - - - - - - - - - -x
FOR: Violation of Section
5 and 11 of R.A. 9165

COMMENTS/OBJECTIONS TO EXHIBITS FORMALLY

OFFERED BY THE PROSECUTION FOR ADMISSION

DEFENSE, by undersigned counsel, unto the Honorable Court most

respectfully states its objections to and/or comments on the exhibits formally
offered by the prosecution for admission, as follows:

EXHIBIT NATURE and COMMENT

“A” Affidavit of Poseur Buyer dated April 8, 2016

Comment/Objection: Defense admits the existence of Exhibit A and its

sub-markings. However, defense has no admission as to the contents of the
said exhibit and sub-marking.

“B” Affidavit of the back-up/arresting officer

Comment/Objection: Defense admits the existence of Exhibit B and its

sub-markings. However, defense has no admission as to the contents of the
said exhibit and sub-marking.

“C” Subscribed Photocopy of One Thousand Peso Bill

Comment/Objection: Defense admits the existence of Exhibit C and its

sub-markings. However, defense has no admission as to the contents of the
said exhibit and sub-marking.
“D” Pre-Operational Report dated April 7, 2016

Comment/Objection: Defense admits the existence of Exhibit D and its

sub-markings. However, defense has no admission as to the contents of the
said exhibit and sub-marking.

“E” Authority to Operate

Comment/Objection: Defense admits the existence of Exhibit E and their

sub-markings. However, defense has no admission as to the contents of the
said exhibits and sub-marking.

“F” Certificate of Inventory

Comment/Objection: Defense admits the existence of Exhibit F and its sub-

markings. Defense opposes the admission of the Certificate of Inventory.
When the Court asked clarificatory questions, witness Sisa M. Cortez
affirmed that the witnesses required by law were not present during the
initial inventory conducted at the site of arrest [Page 25, Direct Testimony of
IA1 Sisa M. Cortez].

“G” Photograph showing the act of Sisa Cortez

Comment/Objection: Defense admits the existence of Exhibit G and its

sub-markings. Defense opposes the admission of Exhibits G and G-1
considering that there were no witnesses when Sisa Cortez made physical
inventory and marking.

“H” Police Blotter Report dated April 7, 2016

Comment/Objection: Defense opposes the admission of the Police Blotter

report as it is self-serving.

“I” Blue Stamp receipt of PDEA Laboratory

“J” Chemistry Report No. DD-028-16

Comment/Objection:Defense admits the existence of Exhibits I and J and

their sub-markings. However, defense has no admission as to the contents of
exhibit J.
 “K” Chain of Custody Form

Comment/Objection: Defense opposes the admission of the Chain of

Custody Form as it is not listed in the exhibits for the Prosecution as stated
in the Pre-Trial Order.

Pursuant to A.M. No. 03-1-09-SC or the Guidelines to be Observed by

Trial Court Judges and Clerk of Court in the Conduct of Pre-Trial, the Pre-
Trial Order shall bind the parties, limit the trial to matters not disposed of
and control the course of the action during trial. In the Pre-Trial Order dated
October 13, 2017, there was no mention of the existence of the Chain of
Custody Form. Pursuant to the Pre-Trial Order signed by the parties, “No
evidence shall be allowed to be presented and offered during the trial in
support of a party’s evidence-in-chief other than those that had been
identified xxx and pre-marked during the pre-trial.

PRAYER

WHEREFORE, it is most respectfully prayed of the Honorable Court that

the foregoing comments and/or objections be considered.

Other just and equitable relief under the circumstances are also prayed for.

RESPECTFULLY SUBMITTED. Cadiz City, Philippines.

November 23, 2021.

PUBLIC ATTORNEY’S OFFICE

Counsel for the Accused
Cadiz City District Office
Counsel for the Movant
2/F SGE Building
Cabahug Street, Cadiz City

RALPH ROMEO B. BASCONES

Public Attorney II
Roll No. 70712
IBP No. 138689 /01-07-21/Pasig City
MCLE Compliance N o. VI-0015234
HON. JANE DEE V. MADERAZO
OIC-City Prosecutor
Cadiz City

Madame:

Furnishing you a copy of the Comment/Objection to the Prosecution’s

Formal Offer of Exhibits.

RALPH ROMEO B. BASCONES

ATTY. FELIX G. GUARNES, JR.

Clerk of Court VI
RTC, Branch 60
Cadiz City

Sir:

Please submit to the Honorable Court immediately upon receipt hereof for
its kind consideration and resolution the foregoing Comments/Objections to the
exhibits formally offered by of the prosecution for admission.

Thank you.

RALPH ROMEO B. BASCONES