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Comment To The Formal Offer of Exhibits: CIVIL CASE NO: C-XXI-368

This document is a comment to a formal offer of exhibits filed in a civil case. It summarizes the plaintiff's exhibits and the defendant's objections or admissions to each exhibit. The defendant objects to exhibits 1, 2, and 5 on various grounds including hearsay, lack of purpose, and questioning the mental capacity of the person involved. Exhibits 3, 4, 6, 7, 8, 9, 10, and 11 are admitted with some qualifications. The document was submitted by the private prosecutor on behalf of the defendant.

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20 views

Comment To The Formal Offer of Exhibits: CIVIL CASE NO: C-XXI-368

This document is a comment to a formal offer of exhibits filed in a civil case. It summarizes the plaintiff's exhibits and the defendant's objections or admissions to each exhibit. The defendant objects to exhibits 1, 2, and 5 on various grounds including hearsay, lack of purpose, and questioning the mental capacity of the person involved. Exhibits 3, 4, 6, 7, 8, 9, 10, and 11 are admitted with some qualifications. The document was submitted by the private prosecutor on behalf of the defendant.

Uploaded by

attycertfiedpublicaccountant
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Republic of the Philippines

11th Judicial Region


REGIONAL TRIAL COURT
Branch 21
Bansalan, Davao del Sur
CIVIL CASE NO: C-XXI-368 (08)

XXXX
Plaintiff,

FOR:

- versus Accused

x============================================================/

COMMENT TO THE FORMAL


OFFER OF EXHIBITS
Comes now the State, through the undersigned counsel and unto this Honorable
Court, most respectfully submit this Comment to the Formal Offer of Exhibits filed by the
plaintiff and avers:
That the undersigned received the Comment of the Plaintiff on the formers
Plaintiffs Formal Offer of Exhibits dated March 31, 2014;
That as comment thereto, Defendants forwards the following arguments:
1 Exhibit 1 is objected as to being hearsay and is self-serving;
2 Exhibit 2 is objected as to the purpose. The receipt does not state that
the amount received is the selling price or the payment of the land. Secondly,
there was no Deed of Absolute Sale on this date, April 14, 1996, that was
executed by Pilar Notarte in favor to Rogelio Baliscao;
3 Exhibit 3 and 4 are admitted. This are admitted to show that there
was

an

equitable

mortgage

executed

by

____________

in

favor

----------because ==== borrowed money from him. ----- possess the land as a
mortgagee not as an owner;
X - - - -- - - - -- - - -- - - - -- - -- - ----/

4 Exhibit 5 objected to because Pilar at that time was very sickly and no
longer in a free disposing mind and memory and her consent was

vitiated. How could she validly enter into a Contract of Sale when she was
very sickly at that time and could not validly give her consent. It lacks the
basic element of a valid contract under the Civil Code;
5 Exhibited 6 is admitted being a public document issued by a
government entity;
6 Exhibited 7 and 8 are admitted as to existence but objected with

qualification as to the purpose because the defendants have no prior


knowledge of the sale. What they knew is only a mortgage and not sale.
7 Exhibit 9, 10, and 11 are admitted.

RESPECTFULLY SUBMITTED.
Digos City, Davao del Sur, Philippines, this _____________.

ATTY___________
Private PRosecutor
MCLE Compliance No. 3 0000545/ 08-21-08
MCLE Compliance No. 4 0000673/11.04.2010
IBP Roll No. 41499
TIN
No. 143-089-251
PTR No.3525808/01-04-2011/Hagonoy, Davao del Sur
IBP O.R.No. 723578 / 12-01-2011/ Digos City
Cor. Magsaysay & Lapulapu Sts. Digos City

Copy furnished:
ATty.

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