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Maria Linda R.

A. Sample - Offer of Evidence and Opposition/Comment to Offer
1. Formal Offer of Evidence

Republic of the Philippines
First Judicial Region
Vigan City, Ilocos Sur
Criminal Case No. 000011
- versus -

x ------------------------------------------ x


THE PROSECUTION, by the undersigned public and private prosecutors, respectfully
offer their documentary exhibits in support of their case-in-chief:

1. Exhibit A, the sworn statement of Pierre Y. Estefan, the private complainant, and
Exhibit A-1, his signature–to prove that on the date and time stated in the affidavit, the
accused issued two checks with the total amount of Five Hundred Twenty Five Thousand
Pesos (P525,000.00) which, on presentment for payment, was dishonored for lack of
insufficient funds; to prove authorship and the authenticity of the sworn statement; and as
part of the testimony of the private complainant.

2. Exhibit B, the check dated 10 February 2016 and 10 August 2016, issued by the
accused in the amount of Five Hundred Twenty Five Thousand Pesos (P525,000.00); Exhibit
B-1, the dorsal side of the check with notation “DAIF”; Exhibit B-2, the signature of accused
on face of the check–to prove the issuance of the check, the amount stated, the reason for
dishonor and the identity of the issuer. The marked copies of Exhibits A and B are already
part of the record.

WHEREFORE, the prosecution respectfully prays that the foregoing Exhibits be
ADMITTED as proof of the facts therein stated and in support of its case-in-chief and for all
other relevant purposes.

Vigan City; 13 March 2017.

Public Prosecutor Private Prosecutor

Copy furnished:

Counsel for Accused

x COMMENT ON THE PROSECUTION’S FORMAL OFFER OF EVIDENCE THE ACCUSED. Criminal Case No. the sworn statement of Pierre Y. 000011 . 2. the signature of accused on face of the check are INADMISSIBLE for violation of the Best Evidence Rule as the original check was never presented. the document is hearsay and inadmissible.000. his signature are INADMISSIBLE because the private complainant was never presented to authenticate the document or subjected to cross-examination. Exhibit A. ACCORDINGLY. Exhibit B. 20 First Judicial Region Vigan City. by counsel. x -----------------------------------------. 2. Estefan. Exhibit B-2. ALONZO Plaintiff. RESURRECCION AND MARITES M. Exhibit B-1. and no basis for the presentation of secondary evidence laid. the check dated 10 February 2016 and 10 August 2016. Ilocos Sur SPOUSES PIERRE Y.) MARIA LINDA R. the private complainant. the ACCUSED respectfully submits that the Prosecution’s Exhibits are INADMISSIBLE and must. and Exhibit A-1.versus - SPOUSES ANTONIO T. Vigan City. (Sgd. ESTEFAN AND KRISTINE W. 13 March 2017. Comment/Opposition to Offer Republic of the Philippines REGIONAL TRIAL COURT – Br. DE FIESTA Accused. be EXCLUDED. thus. the dorsal side of the check with notation “DAIF”.00). Pre-trial Brief . respectfully oppose the Prosecution’s Offer of Evidence for the following reasons: 1. issued by the accused in the amount of Five Hundred Twenty Five Thousand Pesos (P525. RARAS Counsel for the Accused [Address] Copy furnished: ELLIOT CRUZ Public Prosecutor ATTICUS CORTEZ Private Prosecutor B. thus.

1 Plaintiff claims that defendant failed to pay his obligation amounting to FIVE HUNDRED TWENTY FIVE THOUSAND PESOS (Php 525. RESURRECCION AND MARITES M.x PRE-TRIAL BRIEF DEFENDANT. as follows: I.2 Defendant raise as defenses that there was no valid demand by plaintiff and that the checks issued to Pierre Estefan were stolen and the defendant’s signature forged. Pursuant to Rule 18 of the 1997 Rules of Civil Procedure. a clarification of the actual extent of any obligation due and owing to plaintiff inasmuch as there is nothing to indicate defendant’s obligations to plaintiff and. Plaintiff submits that the following issue is subject to proof: . BRIEF STATEMENT OF CLAIMS AND DEFENSES 2. ALONZO Plaintiff. x ------------------------------------. first. i. second.00) for the check issued to the defendant. III.versus – FOR: COLLECTION OF SUM OF MONEY SPOUSES ANTONIO T. by counsel. Subject to a concrete proposal that is fair and reasonable and a reciprocal manifestation of openness from plaintiff. II. ISSUES TO BE TRIED 4. a schedule of payments.1.e. FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES 3. CIVIL CASE NO. 2.___________ .2. [1 & 2] 1. their personal circumstances and the existence of the bank account and corresponding checks. DE FIESTA Accused. IV.1. ESTEFAN AND KRISTINE W. Defendant admits only those facts stated in their Answer.000.. WILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENT AND POSSIBLE TERMS OF ANY SUCH SETTLEMENT 1. Republic of the Philippines REGIONAL TRIAL COURT – Br. Ilocos Sur SPOUSES PIERRE Y.1. respectfully submits her Pre-Trial Brief. defendant is open to the possibility of amicably settling this dispute. defendant respectfully submits that the desired terms of any amicable settlement would involve. 20 First Judicial Region Vigan City.

2.2. 2017 RESPECTFULLY SUBMITTED. 13 March 2017. VI. 2016 with additional amount borrowed Php25. to establish that the plaintiff and defendant actually met at the plaintiff’s residence initially on February 10.000.1. plaintiff does not intend to avail of discovery at this time. plaintiff reserves the right to resort to discovery before trial. Plaintiff intends to present the following witnesses: 5.1 Ms. to a concrete and reasonable request for discovery from defendant.000. Quezon City.2016 and that defendant borrowed money amounting to Php500.2. however. 6. Considering the relatively simple issues presented. MARIA LINDA ROSAL Counsel for Plaintiff . March 30. 4. March 23.1. 2017 and April 4.00. (Sgd.1. VII. RARAS Counsel for Defendant [Address] Copy furnished: Atty. which shall become relevant to rebut defendants’ claims in the course of trial as well as any other witnesses whose testimony will become relevant to belie defendants’ witnesses.00 and again at the defendant’s residence on August 10. Subject.1. both issued with a check. Shaina Magdayao. Defendant submits that the following issues are subject to proof: 4. RESORT TO DISCOVERY 6. 2017.1. The loss of the defendant’s checks as the cause for the account’s closure and forgery of his signature 4. There was a valid obligation with the plaintiff. 2017. if necessary. 5.2. EVIDENCE 5.1. AVAILABLE TRIAL DATES March 17. Plaintiff reserves the right to present any and all documentary evidence.) MARIA LINDA R. V.