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Comment or Objection Formal Offer-Sample

The accused objects to the admission of Exhibit A and Exhibit D submitted by the prosecution. For Exhibit A, the accused argues that only one of the two apprehending officers testified in court, violating his right to cross-examine the other officer. For Exhibit D, the accused argues that the identity of the item was not properly established and that the testimony regarding who marked the item was inconsistent with the joint affidavit. He also argues the item was obtained without a lawful seizure and should be excluded as fruit of the poisonous tree. The defense requests that the court not admit the two contested exhibits.

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555 views2 pages

Comment or Objection Formal Offer-Sample

The accused objects to the admission of Exhibit A and Exhibit D submitted by the prosecution. For Exhibit A, the accused argues that only one of the two apprehending officers testified in court, violating his right to cross-examine the other officer. For Exhibit D, the accused argues that the identity of the item was not properly established and that the testimony regarding who marked the item was inconsistent with the joint affidavit. He also argues the item was obtained without a lawful seizure and should be excluded as fruit of the poisonous tree. The defense requests that the court not admit the two contested exhibits.

Uploaded by

kmaliones
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOC, PDF, TXT or read online on Scribd
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Republic of the Philippines

REGIONAL TRIAL COURT


12TH Judicial Region
BRANCH 22
Kabacan, Cotabato
______________________________________________________________________________
PEOPLE OF THE PHILIPPINES CRIMINAL CASE NO.
xxxxx
Plaintiff
-versus- -for-
xxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxx
Accused.
x-------------------------------------x

OBJECTION TO THE PROSECUTIONS


FORMAL OFFER OF EXHIBITS
ACCUSED, xxxxxxxxxxxxxxx, unto this Honorable Court, most
respectfully states:

1. That the prosecution submitted its Formal Offer of Exhibits and rested
its case;
2. That Accused objects to the admission of the following exhibits and the
purpose/s for which they have been offered, to wit:

EXHIBIT A. The defense objects to the admission of the same for reason
that the document pertains to a Joint Affidavit of Apprehension
executed by PO1 xxxxxxxx and PO1 xxxxxxx, however only the
former was presented to the court to testify while the latter was not
thereby violating the constitutional right of the Accused to cross
examine POI xxxxxxx;

EXHIBIT D. The defense objects to the admission of the same for reason
that the prosecution failed to establish the identity of the item (one
sachet of shabu) because the seizing officer in the person of PO1
xxxxxxxx, who allegedly saw the Accused threw the said item on
the passenger seat and who allegedly marked the same, was not
presented to court to testify. The defense likewise observed that in
the Joint Affidavit of Apprehension, it was stated that PO1 xxxxxxx
marked the item at the place where the Accused was arrested as
opposed to the testimony of PO1 xxxxxxx who testified in court that
PO1 xxxxxx marked the item at the police station. The Accused
likewise objects to the admission of the item because its seizure
was not made in plain view, hence inadmissible in evidence for any
purpose in any proceeding being fruit of the poisonous tree.

WHEREFORE, premises considered, it is most respectfully prayed of


this Honorable Court, that the above-stated exhibits offered by the
prosecution be not admitted.

Kabacan, Cotabato. __________ 0, 2017.

PUBLIC ATTORNEYS OFFICE


KABACAN DISTRCT
Kabacan, Cotabato

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