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Are affidavits and evidences not included in your complaint still admissible?

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mangjayson


Arresto Menor
I filed a BP 22 complaint at the city prosecutor however, I did not submit any of my witnesses' affidavits. Now I'm confused about the following issues:

1. There was a jurisdiction issue raised in one case and the court has ruled that the venue is where the check was actually handed to the payee and not where it was handed to another person who is not the payee. That is exactly what happened to me, the checks were handed over to my brother in some place but were given to me at our home. My problem is, I did not include an affidavit of my brother in the complaint I filed. Can I still use my brother as a witness during the trial? Can I still submit additional affidavits to the fiscal? How about evidences like the mailing receipts I got when I sent the letter? I only included the return card in my complaint affidavit and I forgot to include the mailing receipts. Can I include this evidence in the trial even if I didn't mention about it in my complaint affidavit?

2. Another issue is the authenticity of the signature on the return card. I read in one particular case that supreme court has ruled that if you only have a return card with a signature, you must have the signature authenticated. However, I also read that when somebody alleges that the signature in a signed document is not his, he is the one who has the burden to prove it. What is the general rule here?

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mangjayson


Arresto Menor
mangjayson wrote:I filed a BP 22 complaint at the city prosecutor however, I did not submit any of my witnesses' affidavits. Now I'm confused about the following issues:

1. There was a jurisdiction issue raised in one case and the court has ruled that the venue is where the check was actually handed to the payee and not where it was handed to another person who is not the payee. That is exactly what happened to me, the checks were handed over to my brother in some place but were given to me at our home. My problem is, I did not include an affidavit of my brother in the complaint I filed. Can I still use my brother as a witness during the trial? Can I still submit additional affidavits to the fiscal? How about evidences like the mailing receipts I got when I sent the letter? I only included the return card in my complaint affidavit and I forgot to include the mailing receipts. Can I include this evidence in the trial even if I didn't mention about it in my complaint affidavit?

Is this a valid answer to the above?
Rule 116, Section 1 - "Arraignment and Plea"

"The prosecution may call at the trial witnesses other than those named in the complaint or information."

How does the prosecution do it? Does he need to file a motion or anything? Is Rule 134 , Rules of Evidence (Perpetuation of Testimony) related to this?


mangjayson wrote:

2. Another issue is the authenticity of the signature on the return card. I read in one particular case that supreme court has ruled that if you only have a return card with a signature, you must have the signature authenticated. However, I also read that when somebody alleges that the signature in a signed document is not his, he is the one who has the burden to prove it. What is the general rule here?


I think I found the answer to #2 as well. According to Rule 132 Section 20, Rules of Evidence, if the Return Card is considered as a "Private Document", then authenticity must be proved (b)"By evidence of the genuineness of the signature or handwriting of the maker."

In my case, since I have the supporting certification of proof of delivery from the post office, then according to Section 23,

Sec. 23.Public documents as evidence. — Documents consisting of entries in public records made in the performance of a duty by a public officer are prima facie evidence of the facts therein stated Xxx"

It means I don't have to submit the return card for signature authentication, right?

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attyLLL


moderator
if he files a counter affidavit, wait if he raises these issues.


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mangjayson


Arresto Menor
attyLLL wrote:if he files a counter affidavit, wait if he raises these issues.


Does he have to file a counter affidavit? Isn't it that BP 22 doesn't require preliminary investigation since the penalty of imprisonment is not at least 4 years? This is how I thought the case would prosper:

1. The fiscal reviews my complaint
2. He would draft an information and submits it to MTC (No need to ask for counter affidavits here, right?
3. MTC would send me a letter stating the filing fees I am required to pay.
4. Then, MTC would schedule a preliminary hearing.. and so on.

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attyLLL


moderator
most prosecutors will still undergo preliminary investigation to give respondent to opportunity to refute charges.


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