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1. Re: Exhibit “A”, with submarkings, of the Offer, the accused xxx
objects to Purposes of the Offer, for the reason that the said statements or
allegations of purposes are self-serving, that the same are mere conclusions
of law, and that the same are not supported by the evidence on record.
2. Re: Exhibit “B”, with submarkings, of the Offer, the accused xxx objects
to the Purposes of the Offer, for the reason that the said statements or
allegations of purposes are self-serving, that the same are mere conclusions
of law, and that the same are not supported by the evidence on record.
3. Re: Exhibit “C”, with submarkings, of the Offer, the accused xxx objects
to the Purposes of the Offer, for the reason that the said statements or
allegations of purposes are self-serving, that the same are mere conclusions
of law, and that the same are not supported by the evidence on record.
4. Re: Exhibit “D”, with submarkings, of the Offer, the accused xxx objects
to the Purpose of the Offer, for the reason that the said statements or
allegations of purposes are self-serving, that the same are mere conclusions
of law, and that the same are not supported by the evidence on record.
4.3. The affiant xxx did not personally testify before the Court to
affirm her subject Affidavit, dated June 28, 2010, and she was not subjected
to cross examination by the two defense counsel, thus, the said exhibit is
HEARSAY under the Rules of Evidence and violates the constitutional right
of confrontation/cross examination of the accused xxx
5. Re: Exhibit “E”, with submarkings, of the Offer, the accused xxx
objects to the Purposes of the Offer, for the reason that the said statements
or allegations of purposes are self-serving, that the same are mere
conclusions of law, and that the same are not supported by the evidence on
record.
5.1. To stress: Allegations in a Salaysay are not evidence per se.
6. Re: Exhibit “F”, with submarkings, of the Offer, the accused xxx
objects to the Purposes of the Offer, for the reason that the said statements
or allegations of purposes are self-serving, that the same are mere
conclusions of law, and that the same are not supported by the evidence on
record.
6.4. The affiant xxx did not personally testify before the Court to
affirm his subject Affidavit, dated July 8, 2010, and he was not subjected to
cross examination by the two defense counsel, thus, the said exhibit is
HEARSAY under the Rules of Evidence and violates the constitutional right
of confrontation/cross examination of the two accused.
6.5. The exhibit was marked as PROVISIONAL only. There is no
proof that the original was offered to the Court for the record.
7. Re: Exhibit “G”, with submarkings, of the Offer, the accused xxx
objects to the Purposes of the Offer, for the reason that the said statements
or allegations of purposes are self-serving, that the same are mere
conclusions of law, and that the same are not supported by the evidence on
record.
7.4. The three affiants, who are NBI agents, namely, xxx, xxx, xxx,
did not personally testify before the Court to affirm their subject Joint
Affidavit, dated July 8, 2010, and they were not subjected to cross
examination by the two defense counsel, thus, the said exhibit is HEARSAY
under the Rules of Evidence and violates the constitutional right of
confrontation/cross examination of the two accused.
8. Re: Exhibit “H”, with submarkings, of the Offer, the accused xxx objects
to the Purposes of the Offer, for the reason that the said statements or
allegations of purposes are self-serving, that the same are mere conclusions
of law, and that the same are not supported by the evidence on record.
8.4. The affiant, who an NBI agent, namely, xxx , did not personally
testify before the Court to affirm their subject Joint Affidavit, dated July 8,
2010, and he was not subjected to cross examination by the two defense
counsel, thus, the said exhibit is HEARSAY under the Rules of Evidence and
violates the constitutional right of confrontation/cross examination of the two
accused.
9. Re: Exhibit “I”, with submarkings, of the Offer, the accused xxx objects
to the Purposes of the Offer, for the reason that the said statements or
allegations of purposes are self-serving, that the same are mere conclusions
of law, and that the same are not supported by the evidence on record.
10.1. A voucher and a bank deposit slip are not proofs of threat, coercion,
harassment, and compulsion. They are merely proofs of payment by the
debtor and proofs of receipt of such payment by the creditor.
11. Re: Exhibits “M”, “O”, and “P”, with submarkings, of the Offer, the
accused xxx objects to the Purposes of the Offer, for the reason that the said
statements or allegations of purposes are self-serving, that the same are
mere conclusions of law, that the same are not supported by the evidence
on record, and that the alleged threat and coercion are not shown in and by
said documents.
11.1. The author of Exh. “P” (NBI transmittal letter to the Chief
Prosecutor of xxx City), i.e., NBI Dep. Dir. xxx was not presented in court to
authenticate the said document and he was not cross examined. He had no
personal knowledge of the crimes charged in the instant cases. He merely
relied on the hearsay statement of NBI agent xxx as part of his transmittal
letter to the Chief Prosecutor of xxx City.
12. Re: Exhibit “Q”, with submarkings, of the Offer, the accused xxx objects
to the Purposes of th Offer, for the reason that the said statements or
allegations of purposes are self-serving, that the same are mere conclusions
of law, that the same are not supported by the evidence on record, that the
stated purposes are irrelevant and immaterial to the nature and contents of
the Certificate of Incorporation of the subject Corporation issued by the
Securities and Exchange Commission (SEC), and that the attached document
thereto, entitled “Extraction/Hustlings/Stockpiling/Hauling and Loading
Contract” is not part of the said exhibit and was not issued by the SEC and
was not marked as a submarkings of the said exhibit. It was merely inserted
in the Offer for unfair reasons.
13. Re: Exhibit “R” (Letter of Understanding), with submarkings, of the
Offer, the accused xxx objects to Purposes of the Offer, for the reason that
the said statements or allegations of purposes are self-serving, that the same
are mere conclusions of law, that the same are not supported by the
evidence on record, and, most of all, that the said exhibit does not prove the
crimes of threat and coercion, and that the said exhibit is simply a proof of
a regular business transaction.
13.1. The said exhibit is PROVISIONAL only. There is no proof that the
original thereof had been submitted to the court for the record. It is not the
best evidence for the purposes for which it is now being offered.
14. Re: Exhibit “S”, with submarkings, of the Offer, the accused xxx objects
to the Purpose of said Offer, for the reason that the said statements or
allegations of purposes do not prove the crimes of threats and coercion. It
merely proves probable cause (a duty of the Office of the Prosecutor to
establish after a preliminary investigation).
15. Re: Exhibit “U”, ”V”, and “W”, with submarkings, of the Offer, the
accused xxx objects to the Purposes of the Offer, for the reason that the said
statements or allegations of purposes are self-serving, that the same are
mere conclusions of law, that the same are not supported by the evidence
on record, and that the subject matters of the said documents and contracts
is extraneous, irrelevant and immaterial to the crimes of threat and coercion
charged in the instant cases.
16. Re: Exhibit “X” (judicial affidavit of xxx with submarkings, of the Offer,
the accused xxx objects to the Purposes of the Offer, for the reason that the
said statements or allegations of purposes are self-serving, that the same
are mere conclusions of law, that the same are not supported by the
evidence on record, that the same does not prove beyond reasonable doubt
the crimes of threat and coercion charged in the instant cases, and that it
does not corroborate the testimony of the private complainant as allege din
the Purpose Column.
Admits the existence and authenticity of said exhibit but objects to the
purpose for which it was offered for being irrelevant and misleading.