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DIONEL SATERA,
Respondent,
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REPLY
(To Accused’s Comments/Objections to Formal Offer of
Exhibits filed by the Prosecution)
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2. That the prosecution hereby submits this instant reply
with the following arguments:
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the Philippines vs. Bernabe Pareja Y Cruz1, citing the ruling in
the case of People vs Saludo2, to wit:
“Besides, inaccuracies and inconsistencies in a rape victim’s
testimony are generally expected. As this Court stated in People v.
Saludo:
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G.R. No. 202122, January 15, 2014
2
G.R. No. 178406, April 6, 2011, 647 SCRA 374, 388
3
G.R. No. 155550 January 31, 2008
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11. The records of this case, however, would show that
accused never attempted to explain or impugn the
testimony/evidence of the prosecution showing any falsified
part of the testimony that would indicate the falsity of their
entire testimony;
4
People vs Pacapac, 248 SCRA 77
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17. Finally, contrary to accused’s contention, the birth
certificate was in fact identified and marked during the March
14, 2011 hearing and is on record;
5
G.R. No. 215331, January 23, 2017
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In this particular case, these pieces of evidence, together
with the physical appearance of the victim when she
testified, would have been sufficient basis for the lower court
to ascertain the tender age of the victim when the crime was
committed. Furthermore, the Medico-Legal Report prepared
by Police S/Insp. Dr. Ebdane, a government physician who
took an oath as a civil service official, means that she is
competent to examine persons and issue medical certificates
which will be used by the government. As such, the Medico-
Legal Report carries the presumption of regularity in the
performance of her functions and duties. As regards the
other documents, under Section 44,45 Rule 130, Revised
Rules of Court, entries in official records made in the
performance of official duty are prima facie evidence of the
facts therein stated. To be sure, in the absence of proof to
the contrary, law enforcement agencies of the government
similarly enjoy the presumption of regularity in the
performance of their official functions. Verily, if baptismal
certificates or school records are allowed to be presented in
court to establish the age of the victim in the absence of a
birth certificate, with more reason should Medico-Legal
Reports and comparable documents be allowed to ascertain
such circumstance in similar cases.
PRAYER
By:
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ATTY. AUGUST LIZER M. MALATE
IBP Member No. 1036995 12/28/16 Cebu City
PTR No. MC 0640206 01/04/17 Mandaue City
Roll No: 63914
MCLE Compliance No: V-0024535, Awaiting No. VI
NOTICE
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