Scribd Logo
Upload

Welcome to Scribd!

  • 66 views

    Sample Comment On Motion To Add Evidence (With Editing)

    Uploaded by

    Ramacho, Tinagan, Lu-Bollos & Associates
    The defense is objecting to the prosecution's motion to add documentary and testimonial evidence to the case by amending the pre-trial order from August 2015. Specifically, the defense argues that Jimmy Cuevas and his affidavit were not mentioned in the pre-trial conference minutes or listed in the pre-trial order from 8 months ago, so adding them now would violate the defendant's due process rights and be contrary to the rules of criminal procedure. However, the defense acknowledges that one witness and document may have been inadvertently omitted from the pre-trial documents and does not object to them being included. The defense requests that the court denies the prosecution's motion and retains the original pre-trial order.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Sample Comment On Motion To Add Evidence (With Editing)

    Uploaded by

    Ramacho, Tinagan, Lu-Bollos & Associates
    66 views3 pages
    The defense is objecting to the prosecution's motion to add documentary and testimonial evidence to the case by amending the pre-trial order from August 2015. Specifically, the defense argues that Jimmy Cuevas and his affidavit were not mentioned in the pre-trial conference minutes or listed in the pre-trial order from 8 months ago, so adding them now would violate the defendant's due process rights and be contrary to the rules of criminal procedure. However, the defense acknowledges that one witness and document may have been inadvertently omitted from the pre-trial documents and does not object to them being included. The defense requests that the court denies the prosecution's motion and retains the original pre-trial order.

    Original Title

    Sample Comment on Motion to Add Evidence (With Editing)

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The defense is objecting to the prosecution's motion to add documentary and testimonial evidence to the case by amending the pre-trial order from August 2015. Specifically, the defense argues that Jimmy Cuevas and his affidavit were not mentioned in the pre-trial conference minutes or listed in the pre-trial order from 8 months ago, so adding them now would violate the defendant's due process rights and be contrary to the rules of criminal procedure. However, the defense acknowledges that one witness and document may have been inadvertently omitted from the pre-trial documents and does not object to them being included. The defense requests that the court denies the prosecution's motion and retains the original pre-trial order.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    66 views3 pages

    Sample Comment On Motion To Add Evidence (With Editing)

    Uploaded by

    Ramacho, Tinagan, Lu-Bollos & Associates
    The defense is objecting to the prosecution's motion to add documentary and testimonial evidence to the case by amending the pre-trial order from August 2015. Specifically, the defense argues that Jimmy Cuevas and his affidavit were not mentioned in the pre-trial conference minutes or listed in the pre-trial order from 8 months ago, so adding them now would violate the defendant's due process rights and be contrary to the rules of criminal procedure. However, the defense acknowledges that one witness and document may have been inadvertently omitted from the pre-trial documents and does not object to them being included. The defense requests that the court denies the prosecution's motion and retains the original pre-trial order.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    You are on page 1of 3

    Republic of the Philippines

    REGIONAL TRIAL COURT OF NEGROS ORIENTAL


    7th Judicial Region
    Branch 37
    (FAMILY COURT DESIGANTE)
    Dumaguete City

    PEOPLE OF THE PHILIPPINES,


    Plaintiff, CRIMINAL CASE No. 2012-21342
    For: MURDER
    -versus-

    BALATZAR “Tasse” Entea,


    RENJIE ENTEA, RICHARD
    “Toto” ENTEA, and FIVE (5)
    JOHN DOES,
    Accused.
    x---------------------------------------/

    THE DEFENSE’S COMMENT TO THE PEOPLE’S


    “MOTION WITH LEAVE OF COURT TO ALLOW THE
    PROSECUTION TO ADD DOCUMENTARY AND
    TESTIMONIAL EVIDENCE WITH MOTION TO
    AMEND PRE-TRIAL ORDER”

    Accused, by the undersigned counsel, commenting and/or objecting to


    the Prosecution’s “Motion with Leave of Court to Allow the Prosecution to
    Add Documentary and Testimonial Evidence with Motion to Amend Pre-
    Trial Order”, most respectfully states, that:

    A perusal of the records, more specifically, the August 7 th, 2015


    Pre-trial Conference Minutes (pgs. 79-82 of the records) show that
    although PO1 Fuentes as well as the Police Blotter No. 488 are named
    as pieces of evidence for the State, neither Jimmy Cuevas nor the
    affidavit which he produced were mentioned. The minutes of the Pre-
    trial Conference further detail that while the Defense had reserved the
    right to include additional evidence for Pre-trial, the Prosecution did
    not.

    Furthermore, on August 12th, 2015, subsequent to Pre-trial, the


    Pre-trial Order (pgs. 89-92 of the records), is absent in naming not
    only Jimmy Cuevas and his Affidavit as evidence for the prosecution
    but as well as PO1 Fuentes. In addition, the Pre-trial Order gives both
    parties the directive to go over said Order for the purposes of finding
    errors and to correct the same within five (5) days of reception or,
    thereafter, no correction can be made.
    The Defense cedes that there was a possible inadvertent
    omission of PO1 Fuentes as a piece of testimonial evidence by the
    Prosecution during Pre-trial due to the fact that Police Blotter No. 488
    is listed in the Pre-trial Order and said Blotter as well as PO1 Fuentes
    were mentioned in the Pre-trial Conference Minutes.

    The Defense also cedes that there was a possible inadvertent


    omission of documentary evidence to prove actual damages during
    Pre-trial due to the fact that Mely Yaco Cuevas is cited in the Pre-trial
    Order as well as in the Pre-trial Conference to testify on the issue of
    civil liability.

    However, the Defense cannot cede that there was an inadvertent


    omission by the Prosecution, at the time of Pre-trial, in omitting the
    pieces of evidence of Jimmy Cuevas and his affidavit due to the fact
    that neither he nor his affidavit are listed in the Pre-Trial Conference
    Minutes and are also absent in the Pre-Trial Order.

    The Defense most humbly submits that by allowing the


    additional evidence outside of this period, almost eight (8) months
    after the Pre-trial Conference and Pre-trial Order, would violate the
    defendant’s constitutional right to due process for being contrary to
    not only the order of this Honorable Court directed to both parties in
    said Pre-Trial Order but also Section 4, Rule 118 of the Revised Rules
    on Criminal Procedure as amended. The Defense believes that the
    Honorable Court allowed measures for the prevention of a manifest
    injustice by giving the parties five (5) days to make corrections on
    said Pre-trial Order.

    PRAYER

    WHEREFORE, premises considered, it is most respectfully prayed


    of this Honorable Court that the aforementioned Motion filed by the
    Honorable Prosecution be denied and consequently, the Pre-trial Order
    issued and dated August 12, 2015 be retained.

    Such other reliefs and remedies as may be deemed just and equitable
    under the premises are likewise prayed for.

    RESPECTFULLY SUBMITTED.

    Dumaguete City, Philippines. September 15, 2016.

    Nathan Joseph P. Ramacho


    Counsel for the Accused
    Roll No. 65300
    IBP No. 1042636, 06/15/2016 at Manila
    PTR No. 0558080, 07/20/2016 at Dauin, Neg. Or.
    MCLE Governing Board Order No. 1, Series of 2008
    (Deadline of Compliance: April 2019)
    Oriental Village, Lipayo, Dauin, Neg. Or.

    Notice and copy furnished to:

    Pros. Emmylou D. Bendanillo


    PPO, Dumaguete City

    You might also like

    pFad - Phonifier reborn

    Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

    Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


    Alternative Proxies:

    Alternative Proxy

    pFad Proxy

    pFad v3 Proxy

    pFad v4 Proxy