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Comment To FOE - GRP 1

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Republic of the Philippines

FIRST JUDICIAL REGION


MUNICIPAL TRIAL COURT IN CITIES
Branch 6
Baguio City

PEOPLE OF THE PHILIPPINES,


Plaintiff,
Criminal Case No. 08282
For: QUALIFIED THEFT
–versus-
NELLY R. FOWLER,
Accused.
x - - - - - - - - - - - - - - - - - - - - - - - -x
COMMENT TO THE FORMAL OFFER OF EVIDENCE
OF THE DEFENSE
The Prosecution, with the assistance of the, through the undersigned
counsel and unto this Honorable Court, most respectfully submits his
Comment to the Formal Offer of Evidence of the Defense, to wit:

EXHIBITS DOCUMENT/OBJECT COMMENT


“1” Judicial Affidavit of Mr.
Riano Innocente The prosecution objects to the
purpose of the offer specifically that
which seeks to establish the
whereabouts of the accused after
the time of the commission of the
alleged crime.
The time he saw the accused is
contradicting to the official recorded
time of the incident in the complaint
and police blotter filed by the
complainant, as the interval of 9:30
am to 9:40 am would have been too
short of a time for the accused to
leave the premises.

Further, the silence of the accused


when asked about the incident does
not establish the innocence of the
accused, despite the state of shock
she was in.
Certification of Police
The prosecution admits only the
Blotter - Police Station 9,
existence of the exhibit but objects
Baguio City
“2” to the purpose for which they are
Blotter Entry: 01-1156 being offered for being self-serving.
Page Number: 456

The prosecution admits only the


existence of the exhibit but objects
to the purpose for which they are
being offered for being self-serving.
“3” Medical Certificate
It does not establish that those
injuries were directly caused by Mr.
Hermita and Ms. Pagsamo at the
time of the incident.

The prosecution admits only the


existence of the exhibit but objects
to the purpose for which it was
offered for being irrelevant.

“4” Employment Contract of It only establishes the fact that Ms.


Ms. Margaret Pagsamo Pagsamo is the head housekeeper
with whom trust and confidence
were reposed in her by the plaintiff,
but it does substantiate the claim of
the accused that she did not commit
the alleged crime with grave abuse
of confidence against her employers
“5” Judicial Affidavit of Mr. The prosecution admits only the
Garde E. Nero existence of the exhibit but objects
to the purpose for which it was
offered for being misleading.

In Mr. Hermita’s judicial affidavit,


he recounts that the accused
borrowed his tools the night before
the incident and that the accused
would use the tools to fix her room.
This contrasts with Mr. Nero’s
statement that he borrowed the
tools in the morning of August 22 nd
for his own use.

With these contradictory


statements, it does not disprove the
claim that the accused used the
tools to commit the crime alleged.

WHEREFORE, premises considered, it is most respectfully prayed of this


Honorable Court that the foregoing comment to the exhibits offered by the
defense be considered in resolving the Defense’s Formal Offer of Evidence.
Respectfully submitted this th
day of 2019 at.

By:

Copy furnished: (by personal service)

Assistant Provincial Prosecutor


OFFICE OF THE PROVINCIAL PROSECUTOR

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