Republic of the Philippines

Department of Justice
National Prosecution Office
City Prosecution Office of Pagadian
Justice Hall, Pagadian City

PEOPLE OF THE PHILIPPINES, CRIM. CASE NO. 12184-2015

Plaintiff,

-versus- -for-

GALVES PAPA, MELCHOR VILLEGAS, MURDER

JESUS “TATA” NANO and
a certain “Rey”
Accused.
X---------------------------------------/

OPPOSITION TO APPLICATION OF
ACCUSED JESUS “TATA” NANO
TO BE DISCHARGED AS STATE WITNESS

The PRIVATE COMPLAINANT, through the undersigned private

prosecutor, most respectfully submits this instant Opposition and avers that;

1. The proposed testimony of applicant as stated in his affidavit is based on

hearsay. Considering that it is hearsay, it cannot therefore be appreciated to prove
that indeed the principal by inducement in the killing of the victim in this is a certain
Barangay Captain Gina Gemina. The proposed testimony therefore, under the Rules
of Evidence, has no probative value and will not prove beyond a reasonable doubt the
guilt of said Gina Gimena;

2. The proposed testimony likewise shows that he was not part in the planning
and execution stage of the crime. His testimony cannot be appreciated as this runs
counter to the res inter alios acta rule as his admissions cannot be made the
basis of the complicity of the alleged principal by induction. On the contrary, the
prosecution has an eyewitness to the crime. The testimony of the said eyewitness will
categorically identify Jesus Nano as one of those who actually shot the deceased
victim in conspiracy with all the other accused;

3. It is apparent that the only purpose of the proposed testimony is to ascribe

liability to accused Galvez Papa who is now deceased and to Melchor Villegas who
remains at large. With the testimony of the eyewitness, the accused therefore cannot
be considered as not the most guilty in the commission of the crime, thus there is
good ground to deny his application for discharge;

PRAYER
 WHEREFORE, the private complaiant prays for the denial of the
application for lack of merit.

Other reliefs just and equitable are likewise prayed for.

Respectfully submitted, this 5th day of May 2018 at Pagadian City,

Philippines.

ATTY. FELIX M. ESCALANTE, JR.

Private Prosecutor
Pagadian Capitol Complex
Pagadian City
Attorney’s Roll No. 57655
IBP No. 963535, 01/08/16
Issued at Pagadian City
PTR No. 9479424, 01/12/16
Issued at Pagadian City
MCLE Compliance No. IV-0014312
Issued on March 21, 2013
MCLE Compliance V (awaiting certification)
Email ad: pgochief@yahoo.com
0917-623-0775

COPY FURNISHED: Personal Service;

ATTY. NILDA F. VICENTE

Counsel for Accused-Applicant
Republic of the Philippines)
In the City of Pagadian…,,,)S.S
x---------------------------------------------/

Affidavit of Proof of Service

I, EDMAR F. EISMA, of legal age, Filipino, single and a resident of Tiguma

District, Pagadian City after having been duly sworn to in accordance with law hereby
depose and states:

That I am the Messenger of the Provincial Legal Office, Province of

Zamboanga del Sur, Capitol Complex, Pagadian City. In such capacity, on February
____, 2016, I have served copy of “COMMENTS ON COMPLAINANT’S
POSITION PAPER”, the following addresse via registered mail with return card
due to urgency of time, distance and lack of personnel to effectuate personal service,
with the following particular:

THE HONORABLE LABOR ARBITER

Department of Labor and Employment
National Labor Relations Commission
Regional Arbitration Branch No. 09
Zamboanga City

That I am executing this affidavit to attest to the truth of the foregoing statements
and for any legal purpose this may serve;

In witness whereof, I have hereunto set my hand this ____ th day of February 2016,,
at Pagadian City, Philippines.

EDMAR F. EISMA
Affiant

SUBSCRIBED AND SWORN to before me this _____ th day of February 2016,

Pagadian City, Philippines.

DOC. NO.
PAGE NO.
BOOK NO.
SERIES OF 2016