Republic of the Philippines
National Capital Judicial Region
REGIONAL TRIAL COURT
Branch 282, Valenzuela City
PEOPLE OF THE PHILIPPINES
-versus- Criminal Case No. 1027-V-22
For: Violation of Section 11,
JERRY CABUANG y CATALAN, Article II of R.A. 9165
Accused.
x------------------------x
PEOPLE OF THE PHILIPPINES
-versus- Criminal Case No. 1028-V-22
For: Violation of Section 12,
JERRY CABUANG y CATALAN, RONNIE Article II of R.A. 9165
LATORRE y MACARAEG, CARLO
TISADO y CRUZ, DENMARK SALVADOR
y VILLENA and JOHN ESPINOSA y
NATURAL,
Accused.
x------------------------x
PEOPLE OF THE PHILIPPINES
-versus- Criminal Case No. 1029-V-22
For: Violation of Section 11,
RONNIE LATORRE y MACARAEG, Article II of R.A. 9165
CARLO TISADO y CRUZ, DENMARK
SALVADOR y VILLENA and JOHN
ESPINOSA y NATURAL,
Accused.
x------------------------x
COMMENT ON THE PROSECUTION’S
FORMAL OFFER OF EVIDENCE
The above-named accused, represented by the Public Attorney’s
Office, unto this Honorable Court, most respectfully submit this comment
to the Formal Offer of Exhibits of the prosecution and aver as follows:
Exhibit Comment
A self-serving and biased
B
C self-serving and biased; not signed
by the accused; no proof that a copy
thereof was given to the accused,
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media representative, DOJ
representative and elected public
official after the inventory; no proof
that accused refused to receive a
copy of the inventory receipt; no
proof that the contents of the
inventory receipt were adequately
explained to the accused before they
were allegedly told to affix their
signature therein
D admitted only as to existence but
D-1 objected for the purposes for which
E they were offered
E-1
F
F-1
G
G-1
H
H-1
I to I-4 should not be given probative value
as there is no proof that the accused
underwent diagnostic examination or
were actually checked up by a
physician in order to determine their
health condition
J admitted only as to existence but
K objected for the purposes for which
L they were offered
M
N self-serving and biased; not signed
by the evidence custodian to whom
the forensic chemist turned over the
drug specimens; name of the
evidence custodian, as well as date
and time of his receipt of the drug
specimens from the forensic chemist
are also not included; not signed by
the person who turned over the
specimens to the court; date and
time and person who turned over the
drug specimens to the court are not
specified therein
O and O-1 not properly authenticated by the
P person who took the photographs;
date and time when the photographs
when and place where taken are not
visible therein; not all members of
the operation are visible in the
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photographs; act of marking,
inventorying and sealing of the
evidence bag the seized evidence is
not apparent from the photographs
Q date and time when and place where
the photograph was taken are not
visible therein; affidavit or testimony
of any of the security guard on duty
at the Bulwagan ng Katarungan of
MTC Valenzuela City or of any staff
at the Office of the City Prosecutor of
Valenzuela City who was present and
has personal knowledge regarding
the supposed coordination was not
presented; no certified true copy of
the logbook was submitted by the
prosecution; prosecution failed to lay
the predicate for the admission of
secondary or substitutionary
evidence in lieu of the original and,
hence, the photograph thereof
should not be admitted in evidence
for being violative of the original
document rule
R to R-3 not properly authenticated by the
person who took the photographs;
date and time when and place where
the photographs were taken are not
visible therein; self-serving and
biased
S fruits of a poisonous tree
T
U
V
U-1
V
V-1
V-2
V-3
W
X
Y to Y-2 Police blotters are merely prima facie
evidence of the facts stated therein
but they are not conclusive. (People
v. Silva, G.R. No. 131591, 29
December 1999)
ZZ admitted only as to existence but
AA objected for the purposes for which
AA-1 they were offered
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PRAYER
WHEREFORE, premises considered, it is most respectfully prayed
that this comment be noted by the Honorable Court.
Other reliefs, just and equitable, are likewise prayed for.
Metro Manila, Valenzuela City, Metro Manila, 15 December 2022.
PUBLIC ATTORNEY’S OFFICE
VALENZUELA DISTRICT OFFICE
1st Floor, Metropolitan Trial Court Bldg.
Justice Hall Compound, C.J. Santos St., Poblacion II,
Malinta, Valenzuela City
Through:
ATTY. RAFAEL D. PANGILINAN
Public Attorney II
Roll No. 64684
IBP OR No. 184712 dated 2/17/22 / CALMANA
MCLE Compliance No. VII - 0024379 valid until 4/14/2025
Copy furnished:
SACP Ana Liza C. Dogma
Office of the City Prosecutor of Valenzuela City
atty_lizadogma@yahoo.com / ocpvalenzuela.ereceiving@gmail.com
Explanation on the mode of service:
Service of the foregoing comment was made to Office of the City
Prosecutor of Valenzuela City, as well as the Honorable Court through
electronic means in accordance with OCA Circular No. 205-2022 dated 15
August 2022 (Court Operations from 16 August 2022 Until Further Orders
of the Court) which authorizes the filing of pleadings, motions and other
court submissions through electronic mail in areas under Alert Levels 1, 2
or higher.
ATTY. RAFAEL D. PANGILINAN
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