Republic of the Philippines

SUPREME COURT
MUNIPAL CIRCUIT TRIAL COURT OF MALUNGON-ALABEL
11th Judicial Region
Malungon, Sarangani Province
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THE PEOPLE OF THE PHILIPPINES, CRIM CASE NOS. 16-3885

Plaintiff, and 16-3886

-versus- -for-

WILSON VENTURA, ACTS OF LASCIVIOUSNESS

Accused.
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COMMENT
(to Motion to Withdraw Information for Lack of Jurisdiction)

COMES NOW Accused, through counsel from the Public Attorney’s

Office, and unto this Honorable Court, most respectfully state that:

1. Accused received the Motion to Withdraw Information for Lack of

Jurisdiction on August 09, 2018;

2. Accused hereby objects the “Motion” of the Prosecution.

3. The Medical Certificate was being introduced for the first time
during trial without giving the parties opportunities to rectify their
relevance and authenticity. It was not presented, identified, marked
and even compared with the original during the Pre-Trial
Conference, it should be excluded pursuant to the Guidelines
on Pre-Trial and Judicial Affidavit Rule. (Emphasis Supplied)

4. Moreover, the case has been pending for two (2) years now. The
allegation that the private complainant has a mild mental
retardation was not alleged in the Information. Not even in the
Affidavit-Complaint of the private complainant herself as well as
Affidavit of her Witnesses and Resolution of the Office of the
Provincial Prosecutor. Hence, the same has already been waived.
Also, failure to allege such element in the Information constituted a
violation of the accused constitutional right to be informed on the
nature and the cause of accusation against him.

PRAYER

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 WHEREFORE, premises considered, it is most respectfully prayed that
the Motion to Withdraw Information for Lack of Jurisdiction be DENIED.

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

Alabel, Sarangani Province, 16 August 2018.

RESPECTFULLY SUBMITTED:
PUBLIC ATTORNEY’S OFFICE
Department of Justice
Sarangani District Office
Alabel, Sarangani Province

BY:

BAI ALEFHA HANNAH M. MUSA-ABUBACAR

Public Attorney I
Roll of Attorney No. 67366
MCLE Compliance New Lawyer
IBP OR No. 005682-19/May/2017
Email Add: hannahalefha20@gmail.com
09090154295
PTR Exempt

Copy furnished:

PROS. SHARMAGNE P. VILLACASTIN

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