The prosecution objects to several exhibits offered by the defense in the criminal case of People vs Nelly R. Fowler. The prosecution argues that Exhibit 1 does not establish the innocence of the accused. Exhibit 2 and 3 are objected to as being self-serving. Exhibit 4 is irrelevant to proving the accused did not commit the crime. Exhibit 5 is objected to as being misleading based on contradictory statements in another exhibit. The prosecution admits the existence of the exhibits but objects to their purpose.
The prosecution objects to several exhibits offered by the defense in the criminal case of People vs Nelly R. Fowler. The prosecution argues that Exhibit 1 does not establish the innocence of the accused. Exhibit 2 and 3 are objected to as being self-serving. Exhibit 4 is irrelevant to proving the accused did not commit the crime. Exhibit 5 is objected to as being misleading based on contradictory statements in another exhibit. The prosecution admits the existence of the exhibits but objects to their purpose.
The prosecution objects to several exhibits offered by the defense in the criminal case of People vs Nelly R. Fowler. The prosecution argues that Exhibit 1 does not establish the innocence of the accused. Exhibit 2 and 3 are objected to as being self-serving. Exhibit 4 is irrelevant to proving the accused did not commit the crime. Exhibit 5 is objected to as being misleading based on contradictory statements in another exhibit. The prosecution admits the existence of the exhibits but objects to their purpose.
The prosecution objects to several exhibits offered by the defense in the criminal case of People vs Nelly R. Fowler. The prosecution argues that Exhibit 1 does not establish the innocence of the accused. Exhibit 2 and 3 are objected to as being self-serving. Exhibit 4 is irrelevant to proving the accused did not commit the crime. Exhibit 5 is objected to as being misleading based on contradictory statements in another exhibit. The prosecution admits the existence of the exhibits but objects to their purpose.
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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.