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Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES


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-oOo-

PEOPLE OF THE PHILIPPINES, CRIMINAL CASE No. ____


Plaintiff,

-versus- for

___________________________, VIOLATION OF B.P. BLG. 22


Accused.
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COMMENT/OPPOSITION
(To the Prosecutions Formal Offer of Documentary Exhibits)

Accused, through the undersigned counsels, unto this Honorable Court,


most respectfully comments and/or objects to the admission of the
Prosecutions Formal Offer of Documentary Exhibit as follows:

EXHIBITS DESCRIPTION COMMENTS/OPPOSITIONS

B and Photocopy of Section 3, Rule 129 of the Revised


submarkings BPI Check No. Rules on Evidence specifically
0259385 dated provides that when the subject of
20 March 2015
inquiry is the contents of the
document, no evidence shall be
admissible other than the original
thereof;

Jurisprudence provides that as long


as the original evidence can be had,
the court should not receive in
evidence that which is
substitutionary in nature, such as
photocopies, in the absence of any
clear showing that the original
writing has been lost or destroyed or
cannot be produced in court. Such
photob b copies must
be disregarded, being inadmissible
evidence and barren of probative
weight.
During the hearing scheduled on
September 13, 2016 and November
22, 2016, the private complainant
failed to produce in court the original
copy of the said check and there
was no showing or even mere
allegations that the said original
cannot be produced because the
same was lost or destroyed;

There was neither a stipulation that


the said photocopy of BPI check is a
faithful reproduction of the original
check.

Thus, Exhbit B and submarkings


is inadmissible as evidence.

RELIEF

WHEREFORE, it is humbly prayed to this Honorable Court that the


foregoing documentary exhibits mentioned above be denied admission for
the reasons above stated.

The Accused further prays for such other relief as may be just and
equitable under the premises.

Calapan City, Oriental Mindoro, April 3, 2017.

________________________
Public Attorney II
Roll No.___________
IBP Receipt No. __________________