Maria Linda R.

Raras
LLB 3
ASSIGNMENT IN LEGAL FORMS
A. Sample - Offer of Evidence and Opposition/Comment to Offer
1. Formal Offer of Evidence

Republic of the Philippines

REGIONAL TRIAL COURT Br. 20
First Judicial Region
Vigan City, Ilocos Sur
SPOUSES PIERRE Y. ESTEFAN AND
KRISTINE W. ALONZO
Plaintiff,
Criminal Case No. 000011
- versus -

SPOUSES ANTONIO T. RESURRECCION AND

MARITES M. DE FIESTA
Accused.
x ------------------------------------------ x

FORMAL OFFER OF EVIDENCE

THE PROSECUTION, by the undersigned public and private prosecutors, respectfully

offer their documentary exhibits in support of their case-in-chief:

1. Exhibit A, the sworn statement of Pierre Y. Estefan, the private complainant, and
Exhibit A-1, his signatureto prove that on the date and time stated in the affidavit, the
accused issued two checks with the total amount of Five Hundred Twenty Five Thousand
Pesos (P525,000.00) which, on presentment for payment, was dishonored for lack of
insufficient funds; to prove authorship and the authenticity of the sworn statement; and as
part of the testimony of the private complainant.

2. Exhibit B, the check dated 10 February 2016 and 10 August 2016, issued by the
accused in the amount of Five Hundred Twenty Five Thousand Pesos (P525,000.00); Exhibit
B-1, the dorsal side of the check with notation DAIF; Exhibit B-2, the signature of accused
on face of the checkto prove the issuance of the check, the amount stated, the reason for
dishonor and the identity of the issuer. The marked copies of Exhibits A and B are already
part of the record.

WHEREFORE, the prosecution respectfully prays that the foregoing Exhibits be

ADMITTED as proof of the facts therein stated and in support of its case-in-chief and for all
other relevant purposes.

Vigan City; 13 March 2017.

ELLIOT CRUZ ATTICUS CORTEZ

Public Prosecutor Private Prosecutor

Copy furnished:

MARIA LINDA R. RARAS

Counsel for Accused
 2. Comment/Opposition to Offer

Republic of the Philippines

REGIONAL TRIAL COURT Br. 20
First Judicial Region
Vigan City, Ilocos Sur
SPOUSES PIERRE Y. ESTEFAN AND
KRISTINE W. ALONZO
Plaintiff,
Criminal Case No. 000011
- versus -

SPOUSES ANTONIO T. RESURRECCION AND

MARITES M. DE FIESTA
Accused.
x ------------------------------------------ x

COMMENT ON THE PROSECUTIONS

FORMAL OFFER OF EVIDENCE

THE ACCUSED, by counsel, respectfully oppose the Prosecutions Offer of Evidence for
the following reasons:

1. Exhibit A, the sworn statement of Pierre Y. Estefan, the private complainant, and
Exhibit A-1, his signature are INADMISSIBLE because the private complainant was never
presented to authenticate the document or subjected to cross-examination, thus, the
document is hearsay and inadmissible.

2. Exhibit B, the check dated 10 February 2016 and 10 August 2016, issued by the
accused in the amount of Five Hundred Twenty Five Thousand Pesos (P525,000.00); Exhibit
B-1, the dorsal side of the check with notation DAIF; Exhibit B-2, the signature of accused
on face of the check are INADMISSIBLE for violation of the Best Evidence Rule as the original
check was never presented; and no basis for the presentation of secondary evidence laid.

ACCORDINGLY, the ACCUSED respectfully submits that the Prosecutions Exhibits are
INADMISSIBLE and must, thus, be EXCLUDED.

Vigan City; 13 March 2017.

(Sgd.) MARIA LINDA R. RARAS

Counsel for the Accused
[Address]

Copy furnished:

ELLIOT CRUZ
Public Prosecutor

ATTICUS CORTEZ
Private Prosecutor

B. Pre-trial Brief
 Republic of the Philippines
REGIONAL TRIAL COURT Br. 20
First Judicial Region
Vigan City, Ilocos Sur
SPOUSES PIERRE Y. ESTEFAN AND
KRISTINE W. ALONZO
Plaintiff,
CIVIL CASE NO.___________
- versus
FOR: COLLECTION OF SUM OF
MONEY
SPOUSES ANTONIO T. RESURRECCION AND
MARITES M. DE FIESTA
Accused.
x ------------------------------------- x

PRE-TRIAL BRIEF

DEFENDANT, by counsel, respectfully submits her Pre-Trial Brief, as follows:

I. WILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENT

AND POSSIBLE TERMS OF ANY SUCH SETTLEMENT

1.1. Subject to a concrete proposal that is fair and reasonable and a reciprocal
manifestation of openness from plaintiff, defendant is open to the possibility of amicably
settling this dispute.

[1 & 2] 1.2. Pursuant to Rule 18 of the 1997 Rules of Civil Procedure,

defendant respectfully submits that the desired terms of any amicable settlement would
involve, first, a clarification of the actual extent of any obligation due and owing to plaintiff
inasmuch as there is nothing to indicate defendants obligations to plaintiff and, second, a
schedule of payments.

II. BRIEF STATEMENT OF CLAIMS AND DEFENSES

2.1 Plaintiff claims that defendant failed to pay his obligation amounting to FIVE
HUNDRED TWENTY FIVE THOUSAND PESOS (Php 525,000.00) for the check issued to the
defendant.

2.2 Defendant raise as defenses that there was no valid demand by plaintiff and that
the checks issued to Pierre Estefan were stolen and the defendants signature forged.

III. FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES

3.1. Defendant admits only those facts stated in their Answer, i.e., their personal
circumstances and the existence of the bank account and corresponding checks.

IV. ISSUES TO BE TRIED

4.1. Plaintiff submits that the following issue is subject to proof:

 4.1.1. The loss of the defendants checks as the cause for the accounts closure and
forgery of his signature

4.2. Defendant submits that the following issues are subject to proof:

4.2.1. There was a valid obligation with the plaintiff;

V. EVIDENCE

5.1. Plaintiff intends to present the following witnesses:

5.1.1 Ms. Shaina Magdayao, to establish that the plaintiff and defendant
actually met at the plaintiffs residence initially on February 10,2016 and that defendant
borrowed money amounting to Php500,000.00 and again at the defendants residence on
August 10, 2016 with additional amount borrowed Php25,000.00, both issued with a check;
5.2. Plaintiff reserves the right to present any and all documentary evidence, which
shall become relevant to rebut defendants claims in the course of trial as well as any other
witnesses whose testimony will become relevant to belie defendants witnesses, if
necessary.

VI. RESORT TO DISCOVERY

6.1. Considering the relatively simple issues presented, plaintiff does not intend to
avail of discovery at this time;

6.2. Subject, however, to a concrete and reasonable request for discovery from
defendant, plaintiff reserves the right to resort to discovery before trial.

VII. AVAILABLE TRIAL DATES

March 17, 2017, March 23, 2017, March 30, 2017 and April 4, 2017

RESPECTFULLY SUBMITTED.

Quezon City; 13 March 2017.

(Sgd.) MARIA LINDA R. RARAS

Counsel for Defendant
[Address]

Copy furnished:

Atty. MARIA LINDA ROSAL

Counsel for Plaintiff