Republic of the Philippines

12th Judicial Region

MUNICIPAL TRIAL COURT
Hall of Justice
Brgy. Sadaan, Midsayap, North Cotabato

PEOPLE OF THE PHIIPPINES, CRIM. CASE NO. 10709-15

Plaintiff,

-versus- -for-

REY VELASCO, GRAVE COERCION

Accused.
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MOTION TO ADMIT PROSECUTION’S PROVISIONALLY MARKED
EXHIBIT AS FAITHFUL REPRODUCTION OF THE ORIGINAL
with ATTACHMENTS

COMES NOW, the undersigned Government Prosecutor and

unto this Honorabale Court, most respectfully avers:

1. In the Pre-Trial Order, the prosecution had provisionally

pre-marked as EXHIBIT “E” a copy of Transfer Certificate
of Title No. T-104810, subject to the presentation of the
original during trial;

2. During the direct examination of witness Christopher Lim,

he identified the same provisionally marked EXHIBIT “E” in
open court;

3. When asked if the witness had custody or knowledge as to

the whereabouts of the duplicate original of Transfer
Certificate of Title No. T-104810, he intimated that the
document had already been turned over to the Provincial
Registry of Deeds of North Cotabato for processing of the
new transfer of title to his wife’s name by virtue of a
previous sale;

4. Being a public record in the custody of a public office, the

private complainant endeavoured to secure a certified true
copy of the original title before the Provincial Registry of
Deeds. However, the private complainant was only recently
informed that the same document is no longer available as
 it has already been CANCELLED with the issuance of TCT
No. 152-2018002100 in the name of his wife, Divina Lim.
Attached hereto as ANNEX “A” is the Certified True
Electronic Copy of TCT No. 152-2018002100 with O.R. No.
1017012443 issued by the Registry of Deeds of North
Cotabato;

5. In light of this supervening fact, the original land title could

no longer be produced in court, without bad faith or fault
on the part of the prosecution, for which reason the
foregoing request to have the provisionally marked EXHIBIT
“E” is being prayed to be admitted as a faithful
reproduction of the original;

6. Such request is reasonable and allowed under the

circumstances as an exception to the Best Evidence Rule.

PRAYER
PREMISES CONSIDERED, it is most respectfully prayed of this
Honorable Court, that the prosecution’s provisionally marked and
identified EXHIBIT “E”, which is the machine copy of Transfer
Certificate of Title No. T-104810, be admitted as a faithful
reproduction of the original.
It is further prayed that, in conformity with the foregoing, the
prosecution likewise be allowed to mark as its EXHIBIT “I” the
Certified True Electronic Copy of TCT No. 152-2018002100 under
the name of Divina Lim.
Other reliefs as may be just and equitable under the premises
are likewise prayed for.
Midsayap, Cotabato. October 2, 2018.

___________________________
Associate Provincial Prosecutor

NOTICE and REQUEST

TO: The Branch Clerk of Court

Municipal Trial Court
Midsayap, Cotabato

G R E E T I N G S:
 Please take notice that the foregoing Motion to will be submitted
by the undersigned for consideration of the Honorable Court on Monday,
October 8, 2018 at around 8:30 o’clock in the morning.

Likewise, please submit the foregoing motion to the Honorable

Court for its consideration and resolution immediately upon receipt
thereof without further oral arguments.

_________________________
Associate Provincial Prosecutor

Copy Furnished

ATTY. __________________
PAO, Midsayap, Cotabato