Comment: Opposition - Calingo.docx

REPUBLIC OF THE PHILIPPINES THIRD JUDICIAL REGION MUNICIPAL TRIAL COURT IN CITIES BRANCH I CITY OF SAN FERNANDO, PAMPANGA THE PEOPLE OF THE PHILIPPINES, -versus-

CRIM CASE NO. 00-1769 to 00-1773 FOR: VIOL. OF BP BLG. 22

NELSON SAMBAT CALINGO, Accused. x- - - - - - - - - - - - - - - - - - - - x COMMENT/ OPPOSITION (to the Motion to Admit Formal Offer of Exhibits) COME NOW, Accused, NELSON SAMBAT CALINGO, unto this Honorable Court, through the undersigned counsel, in the aboveentitled cases most respectfully aver: 1. That during the last hearing of the abovementioned cases on 17 April 2018, after a series of extensions, the prosecution was given a deadline until 20 April 2018 within which to file the prosecution’s written Formal Offer of Exhibits otherwise the same shall be deemed waived; 2. As per verification by the undersigned last 27 April 2018 with this Honorable Court, no Formal Offer of Exhibits was filed by the prosecution despite the chance given by this Honorable Court; 3. That following the Order of this Honorable Court last 17 April 2018, the right of the prosecution to file its Formal Offer of Exhibits is now deemed waived; 4. In fact, based on the foregoing premises, the defense has filed a Manifestation and Motion for Leave to File Demurrer to Evidence on 30 April 2018; 5. On 3 May 2018, the office of the undersigned counsel received a “Motion to Admit Formal Offer of Exhibits dated 25 April 2018;

6. That the defense is now interposing its objection to the admission of the belated Formal Offer of Exhibits on the ground that the instant cases has now been dragging on for about nineteen (19) years even though the same are covered under the Rules on Summary Procedure and is tantamount to violation of the accused’s right to speedy trial; 7. Likewise, due to the prosecution’s failure to submit the aforesaid Formal Offer of Exhibits, the prosecution has now ipso facto deemed to have waived its right to file the same and it should not be given any more extension; PRAYER IN VIEW OF THE FOREGOING, it is respectfully prayed unto this Honorable Court that the foregoing Motion to Admit Formal Offer of Exhibits be denied. Other reliefs just and equitable are likewise prayed for. 8 May 2018. OCAMPO LAW OFFICE Rm 206 2nd Floor Queensland Bldg. Maligaya Village, Dolores, City of San Fernando, Pampanga Tel. No. (045) 436-44-56 By: NOEL M. LUZUNG Collaborating Counsel for the Accused Attorney’s Roll No. 68081 PTR No. 8967504 / 1-3-18 IBP Lifetime Member # 017038 Admitted to the Bar May 26, 2017. Deadline for initial MCLE Compliance: April 14, 2019. Pursuant to MCLE Governing Board Order 1-2008

NOTICE OF HEARING/COPY FURNISHED

MR. JOEL GAMBOA Branch Clerk of Court Municipal Trial Court in Cities Branch 1 City of San Fernando, Pampanga PROS. CONRADO SALOMEO Public Prosecutor Diosdado Macapagal Govt Center Maimpis City of San Fernando, Pampanga