Republic of the Philippines

REGIONAL TRIAL COURT

National Capital Judicial Region
Quezon City
Branch 77

ALVIN PATRIMONIO,
Plaintiff,
Civil Case No. R-QC-20-0111-CV
-versus- For: Declaration of Nullity of Loan
and Claim for Moral and
Exemplary
OCTAVIO MARASIGAN III, Damages
Defendant.

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OCTAVIO MARASIGAN III,

Third-Party Plaintiff,

-versus-

NAPOLEON GUTIERREZ,
Third-Party Defendant.

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COMMENTS/OBJECTIONS
(To Third-Party Defendant's Formal Offer of Evidence)

Plaintiff Alvin Patrimonio, by and through undersigned counsel,

respectfully submits the Comments/Objections to the Respondent Napoleon
Gutierrez’s Formal Offer of Evidence dated 2020 May 12 stated hereunder:

EXHIBIT DESCRIPTION COMMENTS/OBJECTION

The original copy of the Special
“1TD” Power of Attorney dated June
15, 1993
Plaintiff objects to the
admissibility of the exhibit on the
ground that the Third-Party
Defendant failed to prove its
genuineness and due execution.

The undersigned counsel hereby

manifests that during cross
examination, the Third-Party
Defendant said that he provided
Mr. Marasigan a copy of the
Special Power of Attorney
(SPA). However, by examining
the alleged SPAs offered by the
defendant and Third-party

1
 defendant, it appears that the
documents are not one and the
same.

Moreover, comparison by the

naked eye of the genuine
signature of the Plaintiff found in
his complaint and the falsified
signature found in the subject
SPAs shows that the signatures
are not similar and incorrectly
positioned in relation to the
location of printed name.

Plaintiff objects to the

presentation of this document as
this was not identified during the
presentation of the testimony of
Christa Alawi.

The alleged check voucher was

The original copy of the check not duly executed considering
voucher dated February 22, that the proceeds of the supposed
“2TD”
1994 loan transaction entered into by
Slam Dunk Corporation and Mr.
Marasigan were not surrendered
to the accountant, Christa Alawi.
As such, in this particular
situation the act of issuing the
check voucher was beyond the
authority given to her.

The Plaintiff objects to the offer

of the Judicial Affidavit of
Napoleon Gutierrez for the
“3TD” reason that the said statements
(Attached to The Judicial Affidavit of and allegations contained therein
the court’s Napoleon Gutierrez are self-serving, false and that the
record) same are mere conclusions of
law.

The Plaintiff objects to the offer

of the Judicial Affidavit of
“4TD” Christa Alawi. It is considered as
(Attached to The Judicial Affidavit of hearsay and Christa Alawi is not
the court’s Christa Alawi qualified to testify on such
record) matters as she has no direct
knowledge regarding the loan
transaction.

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 PRAYER

WHEREFORE, premises considered, Plaintiff Alvin Patrimonio respectfully

prays that the Honorable Court deny admission to the exhibits objected to.

Other just and equitable reliefs under the premises are likewise prayed for.

In Quezon City, Philippines, this XXth of May 2020.

ATTY. JETT CHUAQUICO

Counsel for the Plaintiff
ADDRESSSSSSSSSSS
Roll of Attorney No. XXX
PTR No.XXXXXX– Quezon City
IBP Lifetime Member No. XXXX – Quezon Chapter
MCLE Compliance No. XXXXXX – XX/XX/XXXX

COPY FURNISHED:
ATTY. JETT CHUAQUICO
Counsel for the Third-Party defendant
ADDRESS