Maria Linda R.

Raras
LLB 3
ASSIGNMENT IN LEGAL FORMS
A. Sample - Offer of Evidence and Opposition/Comment to Offer
1. Formal Offer of Evidence

Republic of the Philippines

REGIONAL TRIAL COURT Br. 20
First Judicial Region
Vigan City, Ilocos Sur
SPOUSES PIERRE Y. ESTEFAN AND
KRISTINE W. ALONZO
Plaintiff,
Criminal Case No. 000011
- versus -

SPOUSES ANTONIO T. RESURRECCION AND

MARITES M. DE FIESTA
Accused.
x ------------------------------------------ x

FORMAL OFFER OF EVIDENCE

THE PROSECUTION, by the undersigned public and private prosecutors, respectfully

offer their documentary exhibits in support of their case-in-chief:

1. Exhibit A, the sworn statement of Alang Kaso, the private complainant, and
Exhibit A-1, his signatureto prove that on the date and time stated in the affidavit, the
accused issued a post-dated check in the amount of One Million Pesos (P1,000,000.00)
which, on presentment for payment, was dishonored for lack of insufficient funds; to prove
authorship and the authenticity of the sworn statement; and as part of the testimony of the
private complainant.

2. Exhibit B, the post-dated check dated 30 June 2004, issued by the accused in the
amount of One Million Pesos (P1,000,000.00); Exhibit B-1, the dorsal side of the check with
notation DAIF; Exhibit B-2, the signature of accused on face of the checkto prove the
issuance of the check, the amount stated, the reason for dishonor and the identity of the
issuer. The marked copies of Exhibits A and B are already part of the record.

WHEREFORE, the prosecution respectfully prays that the foregoing Exhibits be

ADMITTED as proof of the facts therein stated and in support of its case-in-chief and for all
other relevant purposes.

Quezon City; 7 July 2007.

ELLIOT NESS ATTICUS FINCH

Public Prosecutor Private Prosecutor

Copy furnished:

MITCH MCDEERE
Counsel for Accused
 2. Comment/Opposition to Offer

Republic of the Philippines

REGIONAL TRIAL COURT Br. 20
First Judicial Region
Vigan City, Ilocos Sur
SPOUSES PIERRE Y. ESTEFAN AND
KRISTINE W. ALONZO
Plaintiff,
Criminal Case No. 000011
- versus -

SPOUSES ANTONIO T. RESURRECCION AND

MARITES M. DE FIESTA
Accused.
x ------------------------------------------ x

COMMENT ON THE PROSECUTIONS

FORMAL OFFER OF EVIDENCE

THE ACCUSED, by counsel, respectfully oppose the Prosecutions Offer of Evidence for
the following reasons:

1. Exhibit A, the sworn statement of Alang Kaso, the private complainant, and
Exhibit A-1, his signature are INADMISSIBLE because the private complainant was never
presented to authenticate the document or subjected to cross-examination, thus, the
document is hearsay and inadmissible.

2. Exhibit B, the post-dated check dated 30 June 2004, issued by the accused in the
amount of One Million Pesos (P1,000,000.00); Exhibit B-1, the dorsal side of the check with
notation DAIF; Exhibit B-2, the signature of accused on face of the check are INADMISSIBLE
for violation of the Best Evidence Rule as the original check was never presented; and no
basis for the presentation of secondary evidence laid.

ACCORDINGLY, the ACCUSED respectfully submits that the Prosecutions Exhibits are
INADMISSIBLE and must, thus, be EXCLUDED.

Quezon City; 7 July 2007.

(Sgd.) MITCH MCDEERE

Counsel for the Accused
[Address]

Copy furnished:

ELLIOT NESS
Public Prosecutor

ATTICUS FINCH
Private Prosecutor

B. Pre-trial Brief
 Republic of the Philippines
REGIONAL TRIAL COURT Br. 20
First Judicial Region
Vigan City, Ilocos Sur
SPOUSES PIERRE Y. ESTEFAN AND
KRISTINE W. ALONZO
Plaintiff,
CIVIL CASE NO.___________
- versus
FOR: COLLECTION OF SUM OF
MONEY
SPOUSES ANTONIO T. RESURRECCION AND
MARITES M. DE FIESTA
Accused.
x ------------------------------------- x

PRE-TRIAL BRIEF

DEFENDANT, by counsel, respectfully submits her Pre-Trial Brief, as follows:

I. WILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENT

AND POSSIBLE TERMS OF ANY SUCH SETTLEMENT

1.1. Subject to a concrete proposal that is fair and reasonable and a reciprocal
manifestation of openness from plaintiff, defendant is open to the possibility of amicably
settling this dispute.

[1 & 2] 1.2. Pursuant to Rule 18 of the 1997 Rules of Civil Procedure,

defendant respectfully submits that the desired terms of any amicable settlement would
involve, first, a clarification of the actual extent of any obligation due and owing to plaintiff
inasmuch as there is nothing to indicate defendants obligations to plaintiff and, second, a
schedule of payments.

II. BRIEF STATEMENT OF CLAIMS AND DEFENSES

2.1. Plaintiff seeks principally to recover the amount of Twenty Two Million Eight
Hundred Eighteen Thousand Nine Hundred Forty Eight Pesos and Thirty Centavos
(PHP22,818,948.30) with interest at twelve percent (12%) arising allegedly from unpaid
orders delivered to defendant variously in 1989.

2.2. Defendant resists plaintiffs claims based on a failure to state a cause of action
because of :

2.2.1. Plaintiffs lack of personality to sue and, therefore, not being the
real party in interest under Rule 3, section 2 of the 1997 Rules of Civil
Procedure;

2.2.2. Extinguishment of the alleged claim made by the entity

Regency Furniture.
 2.3. Defendant also interposed a compulsory counterclaim for Two Million Pesos
(PHP2,000,000.00) for moral damages and Two Million Pesos (PHP2,000,000.00) for
exemplary damages and One Hundred Thousand Pesos (PHP100,000.00) as attorneys fees.

III. FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES

[3] 3.1. Defendant admits only those facts stated in her Answer, i.e., her personal
circumstances, receipt of the demand letter dated January 5, 1997 and her reply to the
demand letter.

3.2. Subject to a concrete proposal for stipulation of additional facts from plaintiff
during pre-trial or even thereafter, defendant admits no other facts stated in the Complaint.

IV. ISSUES TO BE TRIED

[4] 4.1. Defendant submits that the following issues put forward by plaintiff are
subject to proof:

4.1.1. Plaintiffs personality to seek legal relief;

4.1.2. Plaintiffs entitlement to the amount claimed;

4.2. Defendant submits that the following issues she put forward are subject to
proof:

4.2.1. Plaintiffs bad faith in filing this suit;

4.2.2. Defendants entitlement to the claims made in her Compulsory
Counterclaim as a result of plaintiffs bad faith;

V. EVIDENCE

[6] 5.1. Defendant intends to present the following witnesses:

5.1.1. Defendant herself, who will testify on the true circumstances

leading to the filing of this suit against her;

5.1.2. An employee of Topless Enterprises with personal knowledge as

to the true circumstances behind the alleged obligations due and owing in
favor of plaintiff.

[5] 5.2. Defendant reserves the right to present any and all documentary evidence
which shall become relevant to rebut plaintiffs claims in the course of trial as well as any
other witnesses whose testimony will become relevant to belie plaintiffs witnesses, if
necessary.

VI. RESORT TO DISCOVERY

[7] 6.1. Considering the relatively simple issues presented, defendant does not
intend to avail of discovery at this time.

6.2. Subject, however, to a concrete and reasonable request for discovery from
plaintiff, defendant reserves the right to resort to discovery before trial.

RESPECTFULLY SUBMITTED.

Quezon City; 13 April 2007.

 (Sgd.) MITCH MCDEERE
Counsel for Defendant
[Address]

Copy furnished:

Atty. MA BOLA
Counsel for Plaintiff