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    Comment To FOE

    Uploaded by

    Ruby Joyce Tabbu
    This document contains the accused's comment/objection to the prosecution's formal offer of exhibits in a criminal drug case. Specifically, the accused objects to exhibits A-A1-A (affidavits of arrest), B (affidavit of investigator), F-G and H-I (requests for lab examination and alleged drugs/paraphernalia seized), and D-E (receipt of seized property, pictures, chain of custody documents). The accused argues these exhibits are self-serving, irrelevant, immaterial, and that there was no lawful basis for the arrest and search since no complaint was filed and insulating witnesses were not obtained. The accused requests the court not admit these exhibits.

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    Comment To FOE

    Uploaded by

    Ruby Joyce Tabbu
    99 views2 pages
    This document contains the accused's comment/objection to the prosecution's formal offer of exhibits in a criminal drug case. Specifically, the accused objects to exhibits A-A1-A (affidavits of arrest), B (affidavit of investigator), F-G and H-I (requests for lab examination and alleged drugs/paraphernalia seized), and D-E (receipt of seized property, pictures, chain of custody documents). The accused argues these exhibits are self-serving, irrelevant, immaterial, and that there was no lawful basis for the arrest and search since no complaint was filed and insulating witnesses were not obtained. The accused requests the court not admit these exhibits.

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    comment to formal offer of exhibits

    Original Title

    Comment to FOE

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    © © All Rights Reserved

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    This document contains the accused's comment/objection to the prosecution's formal offer of exhibits in a criminal drug case. Specifically, the accused objects to exhibits A-A1-A (affidavits of arrest), B (affidavit of investigator), F-G and H-I (requests for lab examination and alleged drugs/paraphernalia seized), and D-E (receipt of seized property, pictures, chain of custody documents). The accused argues these exhibits are self-serving, irrelevant, immaterial, and that there was no lawful basis for the arrest and search since no complaint was filed and insulating witnesses were not obtained. The accused requests the court not admit these exhibits.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    99 views2 pages

    Comment To FOE

    Uploaded by

    Ruby Joyce Tabbu
    This document contains the accused's comment/objection to the prosecution's formal offer of exhibits in a criminal drug case. Specifically, the accused objects to exhibits A-A1-A (affidavits of arrest), B (affidavit of investigator), F-G and H-I (requests for lab examination and alleged drugs/paraphernalia seized), and D-E (receipt of seized property, pictures, chain of custody documents). The accused argues these exhibits are self-serving, irrelevant, immaterial, and that there was no lawful basis for the arrest and search since no complaint was filed and insulating witnesses were not obtained. The accused requests the court not admit these exhibits.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Republic of the Philippines

    REGIONAL TRIAL COURT


    THIRD JUDICIAL REGION

    PEOPLE OF THE PHILIPPINES,


    Plaintiff
    Crim. Case No. RTC-

    -versus-
    For: Violation of Section11
    of RA 9165
    Accused
    X-------------------------------------------
    ------X

    PEOPLE OF THE PHILIPPINES,


    Plaintiff
    Crim. Case No. RTC-

    -versus-
    For: Violation of Sections11
    and 12 of RA 9165
    Accused
    X-------------------------------------------
    ------X

    COMMENT/OBJECTION
    (To the Prosecution’s Formal Offer of Exhibits)

    ACCUSED, through the undersigned, and unto this Honorable Court,


    most respectfully submits the foregoing Comment/Objection to the
    Prosecution’s Formal Offer of Exhibits and alleges that:

    Exhibit A, A-1-A and sub-markings: Affidavit of Arrest of

    Comment/Objection:
    Self-serving, Immaterial and Irrelevant. This exhibit differs in
    material points to their open court testimonies. The fact
    likewise that they did not file any case or complaint against the
    accused, be it for not wearing a t-shirt or a helmet, bolsters the
    fact that they had no lawful basis to do an alleged search or
    frisking of the Accused that supposedly yielded the illegal
    drugs – thereby making the latter inadmissible. Further, said
    Affidavit submitted as exhibits are not in compliance with the
    mandatory policy laid down by the Supreme Court en banc in
    the case of People v. Lim.1

    Exhibit B and sub-markings: Affidavit of Investigator

    Comment/Objection:
    The same Comment/Objection as that in Exhibit A, with the
    addition that insulating witnesses were not immediately sought
    out, and with the inventory taking place not at the area were the
    drugs were allegedly seized.

    Exhibits F, G and series, H, I: Requests for Laboratory Examination,


    the alleged Marijuana and Paraphernalia seized.

    Comment/Objection:
    The same are inadmissible as they were not seized based on a
    lawful warrantless arrest, relative to the testimonies and
    admissions by the arresting officers in open court.

    Exhibits D, E, and series: Receipt of Property Seized, Pictures, Chain


    of Custody, etc.

    Comment/Objection: Immaterial and Irrelevant, given the


    preceding comments and objections and in light of the fact that
    there were no insulating witnesses immediately after the arrest.
    The inventory likewise was not made at the alleged check point
    area were the accused were supposed to have been acosted. The
    Chain of Custody Form likewise is wanting in merit, given the
    fact that the person who prepared the same, i.e. the investigator,
    is not privy to the first chain or as to the seizure of the drug
    specimens making the same hearsay.

    WHEREFORE, premises considered, it is most respectfully prayed


    for unto this Honorable Court that the foregoing exhibits be not admitted.

    Respectfully submitted.

    1
    G.R. No. 231989, September 4, 2018
    COMMENT/OBJECTION : Page 2 of 2

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