REPUBLIC OF THE PHILIPPINES

FOURTH JUDICIAL REGION

REGIONAL TRIAL COURT
BRANCH 3
HALL OF JUSTICE
PALLOCAN WEST, BATANGAS CITY

THE PEOPLE
OF THE PHILIPPINES CRIM. CASE No. 14178
Plaintiff,

-versus- -for-

FERDIAND MERCADO y VIOLATION OF SEC. 11, ART II

RESURRECCION, OF RA 9165, OTHERWISE KNOWN AS
Accused. THE COMPREHENSIVE DANGEROUS
DRUGS ACT OF 2002

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OPPOSITION TO THE MOTION TO ADMIT

THE ATTACHED FORMAL OFFER OF EXHIBITS

ACCUSED, through the undersigned counsel de officio and unto this

Honorable Court most respectfully states that:

The Honorable Court issued an Order dated August 21, 2007 directing the
prosecution to formally offer his exhibits within 15 days;

On September 14, 2007, the undersigned received a copy of the Motion to

Admit the Attached Formal Offer of Exhibits which was set for hearing on
September 18. 2007;

The undersigned humbly submits to the sound discretion of the Honorable

Court and prays that the above-mentioned motion be denied;

It is the submission of the defense that the causes and reasons raised by
the prosecution are not justifiable and bereft of merit;

The public prosecutor stated that his failure to submit his Formal Offer of
Exhibits was due to the reshuffling of court assignments by their Office effective
August 1, 2007 and because of that, he has to go over voluminous records of
numerous cases in this Honorable Court in addition to his other functions as
prosecutor.

Based on the records of this Honorable Court, the undersigned observed

that a few months prior to August 1, 2007, Public Prosecutor Ocampo had been
handling cases in this Honorable Court with two other Public Prosecutors in his
Office and because of that it is the position of the defense that Prosecutor Ocampo
is familiar with most of the cases being tried and heard before this Honorable
Court. Thus, the reasons raised by the prosecution are not justifiable and bereft of
merit.

The Supreme Court held in the case of Garbo vs. Court of Appeals (258
SCRA 159, 163), to wit:

" Procedural rules are tools designed to facilitate the

adjudication of cases and litigants alike are thus enjoined to
 abide strictly by the rules. And while the Court, in some
instances, allows a relaxation in the application of the rules,
this, we stress, was never intended to forge a bastion for
erring litigants to violate the rules with impunity. The liberality
in the interpretation and application of rules applies only in
proper cases under JUSTIFIABLE causes and circumstances."

Indeed, prosecution's oversight may be matched to a decision promulgated

by the Supreme Court in the case of Macapagal vs. Court of Appeals (271
SCRA 491) which the latter ruled as "flimsy." The Supreme Court quoted
"Equally busy people have in one way or the other learned how to cope with
the same problem he had."

Lastly, the mistake/oversight committed by the prosecution cannot be

invoked as the justification to right it, otherwise, the very error becomes the
convenient excuse to consider it. Moreover, to subscribe to the view of the
prosecution is to give premium to its failing. No one ought to be a gainer by its
own wrong. "COMMODUM EX INJURIA SUA NEMO HAVERE DEBET."

WHEREFORE, it is most respectfully prayed of this Honorable Court that

the Motion to Admit the Attached Formal Offer of Exhibits filed by the prosecution
be denied admission.

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

Batangas City, September 18, 2007.

PUBLIC ATTORNEY'S OFFICE

DEPARTMENT OF JUSTICE
BATANGAS DISTRICT OFFICE
HALL OF JUSTICE BUILDING
PALLOCAN, BATANGAS CITY
Counsel for the Accused

By:

MARIA CONCEPCION SERRANO-

ALTEA
Public Attorney 1
Roll No. 50833

NOTICE OF HEARING

The Branch Clerk of Court

Regional Trial Court
Branch 4 – Batangas City

GREETINGS:

Please submit the foregoing OPPOSITION TO THE MOTION TO

ADMIT THE ATTACHED FORMAL OFFER OF EXHIBITS to the Honorable
Court immediately upon receipt hereof.

MARIA CONCEPCION SERRANO-

ALTEA

Copy Furnished:

The City Prosecutor

Hall of Justice, Batangas City