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    People of The Philippines

    Uploaded by

    Maria Lourdes P. Garcia
    The defense counsel requests that the court allow them to submit judicial affidavits from witnesses after the prosecution presents its evidence rather than 5 days before the pre-trial as previously ordered. The counsel argues that it is prudent to see the strength of the prosecution's case first before presenting a defense. The motion also requests to set a hearing date of January 22, 2014 to discuss this request.

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    People of The Philippines

    Uploaded by

    Maria Lourdes P. Garcia
    397 views3 pages
    The defense counsel requests that the court allow them to submit judicial affidavits from witnesses after the prosecution presents its evidence rather than 5 days before the pre-trial as previously ordered. The counsel argues that it is prudent to see the strength of the prosecution's case first before presenting a defense. The motion also requests to set a hearing date of January 22, 2014 to discuss this request.

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    Manifestation

    Original Title

    Manifestation

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    The defense counsel requests that the court allow them to submit judicial affidavits from witnesses after the prosecution presents its evidence rather than 5 days before the pre-trial as previously ordered. The counsel argues that it is prudent to see the strength of the prosecution's case first before presenting a defense. The motion also requests to set a hearing date of January 22, 2014 to discuss this request.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    397 views3 pages

    People of The Philippines

    Uploaded by

    Maria Lourdes P. Garcia
    The defense counsel requests that the court allow them to submit judicial affidavits from witnesses after the prosecution presents its evidence rather than 5 days before the pre-trial as previously ordered. The counsel argues that it is prudent to see the strength of the prosecution's case first before presenting a defense. The motion also requests to set a hearing date of January 22, 2014 to discuss this request.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 3

    Republic of the Philippines

    National Capital Judicial Region


    REGIONAL TRIAL COURT
    Branch 137
    Makati City

    PEOPLE OF THE PHILIPPINES,


    Plaintiff,

    -versus- Criminal Case No. 05-1358


    For: Estafa under Article 315 Par 2(a)
    DONG HYUNG LEE,
    MYRNA SEBASTIAN,
    MERCY DELA CRUZ. et. al.
    x-----------------------x
    Accused.

    MANIFESTATION
    With Motion to Hold Compliance
    Until After Prosecution’s Evidence

    The undersigned counsel for accused Myrna Sebastian and Mercy Dela Cruz, unto this
    Honorable Court most respectfully states:

    1. As per Order of this Honorable Court dated December 4, 2013, both the prosecution
    and the defense were directed to submit Judicial Affidavits of all witnesses in the
    above case at least five (5) days before the pre-trial setting of this case on account of
    the previous manifestation of undersigned to avail of the Judicial Affidavit Rule;

    2. That while the defense still opts for the submission thereof, the better part of
    prudence would be for the defense to await if the prosecution indeed has evidence
    against them.

    3. Basic in criminal proceedings is the legal dictum that the burden of proof lies with
    the prosecution; hence it would be more prudent to await the termination of the
    prosecution evidence before the defense submit their judicial affidavit together with
    their attachments , which all form part of the evidence for the defense;

    4. Thus, it is the strategy of the defense to await the outcome of the prosecution
    evidence, if the prosecution has evidence and if the same will meet the stringent
    criterion of proof beyond reasonable doubt.

    5. At any rate, the submission of the Judicial Affidavits should be at least 5 days before
    the intended testimony of the witness, which in this case the defense is committed to
    comply, at least 5 days before the intended testimony of the accused and their
    witnesses.

    6. To compel the accused to submit their judicial affidavits at this time would be
    tantamount to putting the cart ahead of the house, which should not be the case, after
    all, even during the pre-trial proceedings, the accused will not be disposed to enter
    any stipulations or even admissions because as stated, it is incumbent for the
    prosecution to prove its case even before the court may hold the accused accountable
    to present their case.

    7. Henceforth, the defense seeks to take exemption from the Order of the Court directing
    it to submit the Judicial Affidavits 5 days before the scheduled pre-trial on Febuary
    12, 2014 and instead the same be applied only to the prosecution in the meantime
    until after the prosecution rest and the defense decides on the proper course to take.
    Page 02.

    8. Rest assured that in the event that the prosecution evidence is strong, the defense will
    comply to submit Judicial Affidavits of the accused and their witnesses and
    vigorously defend their case in order to seek acquittal.

    9. However, in the meantime , the burden of proof to prove its case rest on the
    prosecution. Henceforth, the prosecution should be able to submit the required
    Judicial Affidavits in compliance with the Order of this Court.

    10. The defense will comply at the appropriate and opportune time; hence this Motion to
    allow the defense to not to submit the Judicial Affidavits until after the prosecution
    has terminated its case.

    WHEREFORE premises considered, it is most respectfully prayed of this Honorable


    Court that the defense be allowed to take an exemption to the Order of this Honorable Court to
    submit the Judicial Affidavits 5 days before the schedule pre-trial but rather to submit the same
    at the appropriate and opportune time…after the prosecution has rested its case and the defense
    decides to present evidence. Such other relief, just and equitable, are likewise prayed for.

    January 16, 2014 Quezon City for Makati City

    The Law Firm of


    PADILLA VILLANUEVA VIERNES GARCIA FESTIN ZAMBRANO &
    Associates
    Wheels Executive Suites, Wheels Building
    No. 222 E. Rodriguez Sr., Avenue, Quezon City
    Telephone Number (632) 4163901
    Email Address: superlaw31@yahoo.com

    By:
    Atty. MARIA LOURDES PAREDES-GARCIA
    PTR No. 9903159 03/25/13 Rizal
    IBP No. 934525 January 14, 2014 Rizal
    Roll No. 33476
    MCLE Compliance IV No. 0021101 July 1, 2013
    MCLE Compliance V No. -0001086 November 5, 2013

    Notice

    The Regional Trial Court


    Branch 137

    And the

    Honorable Public Prosecutor

    Greetings.

    Please take notice that the Motion is requested to be set for hearing on January 22, 2014
    at 8:30 am.

    Atty. MARIA LOURDES PAREDES-GARCIA

    Copy Furnished:
    Prosecutor Ma. Agnes E. Alihanto ------------Personal Service
    Office of the City Prosecutor, Makati City

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