[Original]

Republic of the Philippines

NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
Makati City, Metro Manila
Branch ___
RESTITUTO D. MAGCASE, JR.,
EDWIN S. MAGCASE,
MELINA M. LICUANAN,
JOSELYN M. BRUGADA, and
ANTONIO T. MAGCASE,
Plaintiffs,
-versusAMBROSE M. AZUCENA,
Defendant.

Civil Case No. 16-527

For: Revocation/ Cancellation of
Donation

x-------------------------------------------------x

FORMAL OFFER OF EVIDENCE

PLAINTIFFS, through counsel and to this Honorable Court, formally
offer its annexes/ exhibits, thus:
ANNEX A
Description: Original Copy of Death Certificate of late Marino M. Magcase
Purpose: The said annex is being offered to prove that the late Marino M.
Magcase died on October 10, 2008.
ANNEX B, ANNEX C, ANNEX D, ANNEX E and ANNEX F
Description: Original copies of the NSO Birth Certificates of the plaintiffs
Purpose: The said annex is being offered to prove the family relationship of
the petitioners to the decedent.
ANNEX G
Description: Original Copy of Written Authority from Other Heirs
Purpose: The said annex is being offered to prove that other heirs gave their
consent to be represented by the petitioners in this case.
ANNEX H and H-1
Description: Copies of the Tax Declaration of the property which are still in
the name of the decedent to date
Purpose: The said annex is being offered to show the existence of Tax
Declaration of the property which is still in the name of the decedent to date.
ANNEX I
Description: Photographs of the decedent with his sister, nieces and
nephews.

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Purpose: The said annex is being offered to show healthy relationship of the
decedent with his sister, nieces and nephews.
EXHIBIT J
Description: Compact Disc which contains a copy of the family video as
recorded in DVD Video Recorder
Purpose: The said annex is being offered to show healthy relationship of the
decedent with his sister, nieces and nephews.
ANNEX K
Description: Original copy of the Hospital Records showing deterioration of
decedents physical state.
Purpose: The said annex is being offered to prove deterioration of decedents
physical state. This is accompanied by the testimony of Dr. De la Cruz.
ANNEX L
Description: Original copy of the Psychiatric Evaluation issued by a
psychiatrist who examined and treated the decedent
Purpose: The said annex is being offered to prove decedents mental
incapacity for period of four (4) years before the execution of donation and
six (6) months after the execution of the donation.
EXHIBIT M
Description: A cellphones sim card which contains exchange of text
messages
Purpose: The said annex is being offered to prove the contents of the
exchange of text messages between Marinos sister and the plaintiffs. It also
proves Guadalupe Azucenas refusal to allow Marino Magcase to be visited.
ANNEX N
Description: Copy of the banks request
Purpose: The said annex is being offered to show that the bank r-quested a
co-signatory to his accounts in the person of Ambrose M. Azucena, one of
the sons of Guadalupe to open joint bank accounts with the decedent.
ANNEX O, O-1, O-2
Description: Affidavits of Witnesses attesting to the poor eyesight of the
decedent
Purpose: The annexes are being offered to prove knowledge and awareness
of the witnesses regarding the poor eyesight of the decedent. The affidavits
are offered to prove the material allegations stated therein and attest to the
truthfulness of the contents of the said affidavit.
ANNEX P, P-1, P-2
Description: Affidavits of Witnesses attesting the incident
Purpose: The annexes are being offered to prove knowledge and awareness
of the witnesses regarding the incident wherein Atty. Reyes asked Marino in
loud voice if he was donating the subject property to herein defendant, but
Marino replied in a clear voice No. The affidavits are offered to prove the
material allegations stated therein and attest to the truthfulness of the
contents of the said affidavit.

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ANNEX Q
Description: Original copy of the letter received by Wilfredo Magcase
Purpose: The annex is being offered to prove the contents of a letter received
from Atty. Reyes who informed Wilfredo Magcase that the same is now
owned by defendant Ambrose M. Azucena.
ANNEX R
Description: Copy of the fictitious Deed of Donation
Purpose: The annex is being offered to show that only the thumb mark of
Marino Magcase was affixed on the front page thereof.
ANNEX S
Description: Copy of the Donors Tax Return
Purpose: The annex is being offered to show the existence of a donors tax
return paid by the defendant when the Deed of Donation was implemented.
This further shows that the decedent was already dead for seven (7) months,
and the donors tax amounting to One Million Three Hundred Eighty Three
Thousand Three Hundred Eighteen Pesos (Php 1,383, 318) was paid by the
defendant, presumably from the decedents funds whereas defendant could
not possibly paid for it himself as he could not have raised the said amount.
All originally marked Exhibits from A until S are attached to this
Formal Offer. All of the marked documents were compared by the counsel
for the plaintiffs and were determined by them as faithful reproduction of the
original.
WHEREFORE, it is respectfully prayed unto this Honorable Court
that the annexes/exhibits be admitted for the purpose/s which they were
offered and with its admission the plaintiffs rest its case.
RESPECTFULLY SUBMITTED.
Makati City, November 16, 2016

CONTRERAS GUARDIAN NICHA ALCANTARA & ASSOCIATES

LAW OFFICE
Counsel for Plaintiffs
th
15 Floor, Solaris One Building
130 Dela Rosa Street, Legazpi Village, Makati City

By:
ALDEN CONTRERAS
PTR No. 123456/ 05-15-2016/Makati City, Metro Manila
IBP No. 811921/10-29-2016/Makati City
Roll No. 28856
MCLE Compliance No IV-0013673

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ABEGAIL GUARDIAN
PTR No. 234567/ 05-15-2016/Makati City, Metro Manila
IBP No. 811921/10-29-2016/Makati City
Roll No. 21189
MCLE Compliance No IV-0013674
JOY NICHA
PTR No. 345678/ 05-15-2016/Makati City, Metro Manila
IBP No. 811921/10-29-2016/Makati City
Roll No. 29965
MCLE Compliance No IV-00136375
CHRISTOPHER ALCANTARA
PTR No. 456789/ 05-15-2016/Makati City, Metro Manila
IBP No. 811921/10-29-2016/Makati City
Roll No. 29985
MCLE Compliance No IV-00136378

COPY FURNISHED:
ABLETIS BAYANI &
BENITEZ LAW OFFICE
Counsel for the Defendant
Unit 201, 109 L.P. Leviste St.,
Salcedo Village, Makati City

By Personal Service

ALDEN CONTRERAS
ABEGAIL GUARDIAN
JOY NICHA
CHRISTOPHER ALCANTARA

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