People v Munar
Entering Appearance:
ME: Good Morning, Your Honor. I am Atty. _________________. I am a newly
passed lawyer. This is my first appearance.
I am respectfully entering my appearance as collaborating counsel of Atty. Perlita
Chan-Rondez and as private prosecutor under the direct supervision and control of
the public prosecutor.
Court: Are you ready?
ME: Yes, your Honor. We have two witnesses today. Police Major Annie Comising
and Police Corporeal Dennis Tokpil
Presentation of Witness - Witness is called:
Court: Call your witness.
ME: Your Honor, may we call Police Major Annie Comising/ Police Corporeal
Dennis Tokpil to the witness stand.
Formal Offer of Testimony:
If your Honor please, we are formally offering in evidence the testimony of Police
Major Annie Carmel C. Comising to prove the following:
By way of Offer of testimony, witness is being presented to prove and testify on the
following matters, to wit:
1. To prove that the accused acted aggressively, violently and stated to have a
relationship with Racquel Diana Hao;
2. To corroborate the testimony of the Private Complainant.
3. MANIFEST ADDITIONAL FORMAL OFFER: Your Honor, may I
manifest that we will add the following as purposes of the testimony of the
witness: to identify the Judicial Affidavit and all documents pertinent to
this Complaint; and
4. To prove all matters related thereto.
Formal Offer of Testimony:
If your Honor please, we are formally offering in evidence the testimony of Police
Corporeal Dennis Tokpil to prove the following:
By way of Offer of testimony, witness is being presented to prove and testify on the
OFFER OF TESTIMONY
The testimony of the witness is offered for the following purposes:
1. To testify as to the events that occurred on April 25, 2021 that led to the
filing of a complaint against the Accused;
2. To testify that Accused was unruly and uncooperative during the events that
took place on said date and admitted to having an affair with Racquel Diana
Hao;
3. To corroborate the testimony of witnesses, Police Major Annie Carmel C.
Comising and Kagawad Ferdinand Bucad;
4. To corroborate the testimony of the Private Complainant;
5. To identify the Judicial Affidavit and all pertinent documents thereto; and
6. To prove all matters related thereto.
If ordered to skip Formal Offer because already part of JA:
ME: With the permission of the Honorable Court and the Hon. Public Prosecutor,
the formal offer of evidence has been integrated in the Judicial Affidavit and we
are adopting it.
JUDGE: Comment?
OPPOSING COUNSEL: Subject to Cross.
JUDGE: Proceed.
Identification of Judicial Affidavit
ME: With the permission of the Honorable Court and the Hon. Public Prosecutor,
ME: Good morning, Miss Witness.
WITNESS: Good Morning, Atty.
ME: In connection with the filing of this Complaint, do you remember executing a
Judicial Affidavit dated April 22, 2022 consisting of 4 (Comising)/5 (Tokpil)
pages?
WITNESS: Yes, Atty.
ME: Showing to you now a Judicial Affidavit. Is this the Judicial Affidavit you
just mentioned?
WITNESS: Yes, Atty.
ME: On page 4 (Comising)/5 (Tokpil) of this Judicial Affidavit, above the name
Annie Carmel C. Comising/ Dennis A. Tokpil there is a signature, can you tell us
whose signature is this?
WITNESS: It is mine, Atty.
ME: At this juncture your Honor, May we pray that the Judicial Affidavit be
marked as EXHIBIT K (Comising)/L (Tokpil) and the signature be submarked as
EXHIBIT K-1 (Comising)/L-1 (Tokpil) as found on page _________ of the
Records
JUDGE: Mark it.
*wait marking, sub-marking before asking the witness again*
ME: Do you affirm and confirm the contents of your Judicial Affidavit?
WITNESS: Yes, Atty.
ME: Your Honor, we are respectfully adopting the Judicial Affidavit of the witness
as her direct testimony.
NO FURTHER QUESTIONS, your Honor
xxx Cross, Re-direct, Re-cross xxx
FORMAL OFFER OF EVIDENCE (in case asked):
Manifestation: After the reception of the testimony of the last witness for the
Prosecution, we are now ready to rest our case, Your Honor.
Your Honor, may we respectfully pray that we be given 5 days to formally offer the
evidence for the prosecution?
In case DENIED - ORAL OFFER OF EVIDENCE
JUDGE: Formally offer now pursuant to the Continuous Trial Rule
ME: I submit, your Honor.
If your Honor please, we are formally offering in evidence for the Prosecution the
following exhibits:
As Exhibit A is the ____ _document__________ which is being offered to prove
___purpose____, which is found in the Records of the Court in page number ____
If your Honor please, we will submit all the original copies today after the Formal
Offer but the Photocopies were duly compared to the original during the pre-trial.
With the submission of the foregoing documentary exhibits, as part of the
testimonies of the Prosecution and their witnesses, the Prosecution formally rests
its case.
Permission to leave, your Honor.
