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Script in Court

(1) The defense moves to dismiss the case based on the private complainant's affidavit of desistance. (2) The defense offers evidence, including an exhibit, to deny the material allegations in the information and establish the veracity of defense documents. (3) The defense objects to the admission of prosecution evidence like sworn statements on the grounds that they are self-serving, hearsay, or do not prove the elements of the crime.

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3K views

Script in Court

(1) The defense moves to dismiss the case based on the private complainant's affidavit of desistance. (2) The defense offers evidence, including an exhibit, to deny the material allegations in the information and establish the veracity of defense documents. (3) The defense objects to the admission of prosecution evidence like sworn statements on the grounds that they are self-serving, hearsay, or do not prove the elements of the crime.

Uploaded by

heart lero
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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MANIFESTATION THAT THE PRIVATE COMPLAINANT

EXECUTED A DESISTANCE FORMAL OFFER OF EVIDENCE


BY THE DEFENSE
Your honor, the Private Complainant ______________
has executed a Sinumpaang Salaysay ng Paguurong The Defense, through this representation, most
Demanda dated _________ intimated thereat that he is no respectfully offers in evidence the following:
longer interested in pursuing the case against accused on the
ground that his institution of complaint was due to impulse Document denominated as Exhibit “__” and its sub
of emotion and that he has no basis to prove his allegation. marking Exhibit “__” (for the sworn statement)

The said exhibit is offered in evidence to:


MOVE FOR DISMISSAL OF THE CASE ON THE BASIS OF
AFFIDAVIT OF DESISTANCE (a) To deny the material allegations stated in the
information for _______________ under CC No.
Taking into account the duly executed desistance of the ___________ ;
private complainant and without other witness for the
prosecution to prove the guilt of the accused beyond (b) To deny that _______________ (denial of
reasonable doubt. The defense respectfully move for the particular element of the crime, if any);
dismissal of the case.
(b) To prove that _______________________;

PRELIMINARY CONFERENCE (c) To establish and prove the veracity, due


execution, and authenticity of documentary exhibits
The defense has no documents to be mark for today’s mentioned in the JA and/or during the direct testimony
conference, however, we pray for the reservation of the of defense witness; and
marking of the JA or SS of the accused and witnesses
(d) To prove other matters material and
We are willing to admit only the existence of the relevant to accused’ defense.
mentioned exhibits by the prosecution
If (executed by witness other than the accused): to neither evidence presented to establish its authenticity and
corroborate the material allegation in the testimony of the due execution.
accused.
Or
With the submission and upon admission of the
foregoing exhibits, in addition to the testimony of the defense’ Defense object to the admission of the sworn statement
witnesses presented during trial, the defense now rests its on the ground that content therein is immaterial, irrelevant
case. and …….

COMMENT/OBJECTION TO Or
THE PROSECUTION’S FOE
Affiant never presented to court to confirm, identify and
IF SS/JA IDENTIFIED: attest to the veracity and due execution of the sworn
statement
The defense interposes its objection as to the
truthfulness and veracity of the contents of said exhibits INVESTIGATOR- no PK as to the truthfulness and veracity of
as the same is self-serving; maintaining its defense that the contents of document executed.
statement given thereon are fabricated and formulated to
justify the arrest of the accused. The truth of the matter is, RC/FC- same for the Investigator. In addition, No PK to the
the accused categorically question the legality of his arrest source of the specimen received, no PK to circumstance the
and denies the accusations alleged in the information against same has been obtained and submitted to them. no PK to
him. circumstances surrounding the arrest of accused and the
alleged confiscation of specimen subject of the examination
Or

IF SS/JA NOT IDENTIFIED OTHER EVIDENCE (not properly identified and


authenticated)
The defense interposes its objection to the admission of
the exhibit mentioned as hearsay. The person executed and The aforesaid exhibits are objected for being
prepared the same was not presented (OR witness presented incompetent evidence as hearsay. No evidence was presented
has no PK as to its due execution and veracity of its contents) to establish its authenticity and due execution.
OTHER EVIDENCE (properly identified and
authenticated)

The aforesaid exhibits are objected as immaterial and


unreliable evidence executed and made to justify the arrest
of the accused and to support the case against accused. The
same does not prove the material element of the crime
neither directly link the accused to the commission of the
crime.

Offer for Stipulations


Qualification/counter stipulation
The Defense will not admit the truthfulness and
veracity of contents as well as the regularity in the execution
of documents/exhibits subject of this stipulation. The
Defense likewise qualifies that the witness has no personal
knowledge of the circumstances of arrest of the accused as
well as the source and manner of confiscation, or collection of
the specimen/items subject of this stipulation as well as the
extraction of urine sample of the accused as he was not
present during the alleged arrest and seizure of subject
specimen;

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