REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

FIRST JUDICIAL REGION
BRANCH ______
BAGUIO CITY

THE PEOPLE OF THE PHILIPPINES

Plaintiff,

-versus-
Crim. Case No. 1764
For: Rape

BARRY PAKYAW Y CANTUBA,

Accused,
x-------------------------------------x
COMMENTS/OBJECTIONS
(To the Prosecution’s Formal Offer of Evidence)

ACCUSED, by counsel, respectfully comments and/or objects to the

Formal Offer of Evidence of the Prosecution as follows:

EXHIBIT DOCUMENT COMMENT/OBJECTION

Admits the existence and authenticity of
said exhibit, but objects to the purpose
for which it was offered for being
irrelevant and misleading.
Sworn Statement of The said sexual intercourse was neither
“A” to Maria A. Cruz; without the consent nor without the will of
“A-1”
the complainant. The complainant and
Signature of Affiant; the accused were mutually in love with
each other and that the sexual
intercourse was done with the consent on
the complainant.
Admits the existence and authenticity of
said exhibit, but objects to the purpose
for which it was being offered for being
Sworn Statement of irrelevant.
“B” to Shely T. Ramos; The testimony of the witness is bereft of
“B-1” any indication where she had positively
Name and Signature identified that said complainant was
of Shely T. Ramos; actually raped and that it is inadmissible
for being “hearsay”.

“C” to Admits the existence and authenticity of

“C-1” said exhibits, but objects to the purpose
for which it was offered for being

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 irrelevant.
The testimony of the witness is bereft of
Sworn Statement of any indication where she had positively
Marites A. Cruz; identified that said complainant was
actually raped and that it is inadmissible
Name and Signature for being “hearsay”.
of Marites A. Cruz;

Admits the existence and authenticity of

Medico Legal Report; said exhibits, but objects to the purpose
Findings; for which it was offered for being
Name and Signature irrelevant.
of Dr. Vivian B. Kho; The medico legal findings only prove that
Photocopy of Medical there was indeed a sexual intercourse
“D” to Records of Baguio and nothing more, a fact the accused
”D4” Medical Center; already admits but it does not prove that
the complainant was actually raped.
Name of “Maria A.
Cruz” on the medico
legal record

Admits the existence and authenticity of

said exhibits, but objects to the purpose
for which it was offered for being
irrelevant.

“E” Blotter Certification

The Police Blotter does not prove that the
alleged mauling incident as claimed by
the complainant did exist; it is just a
record at the police station based on the
statements of herein complainant.

WHEREFORE, premises considered, the ACCUSED respectfully prays to

this Honorable Court to deny the admission of the foregoing exhibits objected to
for the reasons stated above.
Other reliefs just and equitable are likewise prayed for under the premises.

Made this 25th day of September 2019 at Baguio City.

ATTY. RAMON B. SANTOS

Room 6, Novotel Building, Perdices St.,
Baguio City
PTR No. 123; Mar. 31, 2016,
IBP No. 123; Mar. 31, 2016,

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 Roll NO. 123; May 2, 2012
Tel No. (035) 226-1234
MCLE No. 12345; May 10, 2013
COUNSEL FOR THE ACCUSED

Copy furnished through personal service to:

CAMILA H. GERONA
Assistant City Prosecutor
PPO, Baguio City

Received by : _________
Date : _________

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