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REPUBLIC OF THE PHILIPPINES

SIXTH JUDICIAL REGION


REGIONAL TRIAL COURT
ILOILO CITY
BRANCH ____

PEOPLE OF THE PHILIPPINES CRIMINAL CASE NO. 18-04


Complainant,
For: Violation of Art. III Section 5(b)
of Republic Act 7610
-versus-
NOELITO TONTORO
Accused.
x----------------------------------------x

COMMENTS/OBJECTIONS
(To the Prosecution’s Formal Offer of Evidence)

ACCUSED, by counsel, respectfully comments and/or objects to the Formal Offer


of Evidence of the Prosecution as follows:

EXHIBIT DOCUMENT COMMENT/OBJECTION


Objects to the purpose of the offer, for the
reason that the said statements or
allegations are hearsay. The testimony
solicited from the witness is merely a
narration of what the victim communicated to
her.
Judicial Affidavit of Zarian
“A”
Gasador
Allegations in the judicial affidavit are not
evidence per se. the witness does not have
personal knowledge of the facts and
circumstances regarding the sexual
intercourse which would qualify her
testimony.
Objects to the purpose of the offer, for the
reason that the said statements or
allegations are without relevance to the
issue. Stating that the victim is no longer a
Judicial Affidavit of Krianne virgin is without relevance to the main issues
“B”
Solis and without correspondence to the elements
of the crime.

Allegations in the judicial affidavit are not


evidence per se.
Admits the existence and authenticity of said
Judicial affidavit of Pearl judicial affidavit.
“C”
Gasador

Admits the existence and authenticity of said


exhibit, but objects to the purpose for which
it was offered for being irrelevant and
misleading.
“D” Medico Legal certificate of
Dr. Krianne Y. Solis The said Medical Certificate did not directly
prove that the lacerations were caused by
the forced sexual intercourse with the
accused. It merely proved that the victim
engaged in sexual intercourse.

Admits the existence and authenticity of said


exhibit, but objects to the purpose for which
it was offered for being irrelevant and
Photographs of the
misleading.
“E” messages between the
accused and the victim
Mere persuasion is not enough to prove that
the victim was forced to engage in sexual
intercourse/

Admits the existence and authenticity of said


exhibits, but objects to the purpose for which
Certificate of Live Birth of
“F” it was offered for being irrelevant.
Pearl Gasador

Admits the existence and authenticity of said


exhibit.

The Police Blotter does not prove the alleged


“G” Police Blotter Report
sexual intercourse; it is just a record at the
police station based on the statements of
herein complainant.

WHEREFORE, premises considered, the ACCUSED respectfully prays to this


Honorable Court to deny the admission of the foregoing exhibits objected to for the
reasons stated above.

Other reliefs just and equitable are likewise prayed for under the premises.

Iloilo City, Philippines, this 15th day of March 2019.


ATTY. DAPHNE JADE E. PANES
Counsel for the Accused
Jaro, Iloilo City
PTR No. 123; Jan. 31, 2019, Iloilo City
IBP No. 123; Jan. 31, 2019, Iloilo City
Roll NO. 123; May 2, 2017
Tel No. (033) 329-9999
MCLE No. 12345; May 10, 2017

Copy furnished through personal service to:

ATTY. PEARL DIAMOND SILLADOR


Asst. City Prosecutor
PPO, Iloilo City

Received by : _________
Date : _________

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