Republic of the Philippines
REGIONAL TRIAL COURT
Fifth Judicial Region
Branch 54
Gubat, Sorsogon
MICHAEL H. MANGENTE, CIV. CASE NO.2018-02/2137
Plaintiff, FOR: DAMAGES FOR
ABUSE
OF RIGHTS.
-vs-
JOSEPH EVASCO ESMERIA,
Defendant.
X-------------------X
FORMAL OFFER
of Documentary Evidence
COMES NOW, the PLAINTIFF, through undersigned counsel, and unto
this Honorable Court, most respectfully offers for admission the following
documentary exhibits for the purposes indicated hereunder as follows, to wit:
EXHIBIT “A” – The CRIMINAL INFORMATION dated June 10,
2011 (Criminal Case No. 3448). Already marked and appended to the Records.
This was already ADMITTED by Defendant during Pre-Trial on July 9, 2018.
Offered to prove that Defendant initiated the filing of the malicious Criminal
Information for Reckless Imprudence Resulting to Serious Physical Injuries,
impleading herein Plaintiff Mangente as Civil Defendant despite the fact that he
was not inside the vehicle when the incident happened. Such is treated as legal
malice for purposes of this indictment for abuse of rights.
EXHIBIT “B” – The SWORN STATEMENT of Chito Del Prado
including its derivative exhibits, already marked and appended to the Records,
offered to prove that he was the driver during the said incident. To prove what
transpired before, during and after the incident in question. Also offered to
prove malicious prosecution and the damages he and Plaintiff Mangente
incurred. Moreover, also offered to prove plaintiff Mangente’s loss of earning
income opportunity. Further, to prove such other matters as are relevant and
material to this present indictment, and finally as part of the testimony and
claims of Plaintiff Mangente and to prove such other documentary evidences.
EXHIBIT “C” – The JUDICIAL AFFIDAVIT of Chito Del Prado
including its derivative exhibits, already marked and appended to the Records,
found on Page 183, offered to prove that he was the driver during the said
incident. To prove what transpired before, during and after the incident in
question. Also offered to prove malicious prosecution and the damages he and
Plaintiff Mangente incurred. Moreover, also offered to prove plaintiff
Mangente’s loss of earning income opportunity. Further, to prove such other
matters as are relevant and material to this present indictment, and finally as part
of the testimony and claims of Plaintiff Mangente and to prove such other
documentary evidences.
EXHIBIT “D” – RESOLUTION dated March 13, 2017, as found in
Pages 17 to 20 of the Records, already marked and appended to the Records,
DISMISSING Criminal Case No. 3448. This was already ADMITTED by
Defendant during Pre-Trial on July 9, 2018. The same is offered to prove that
after a protracted trial on the said charge of Reckless Imprudence which lasted
for a period of seven (7) years, then Plaintiff, now Defendant, deliberately did
not testify on the witness stand to prove his allegations, thereby leaving no
conclusion as to his legal malice in instituting the malicious complaint merely to
annoy, vex and unceremoniously dragged herein Plaintiff in the said indictment
without legal grounds. To prove that the Court had already dismissed the case
based on the demurrer filed by then Accused, now Plaintiff, because based on
the facts and the law then complainant, now DEFENDANT HAS SHOWN NO
RIGHT TO RELIEF. Thus, the dismissal. To prove that the Resolution is cement
proof, that then Plaintiff, now Defendant, in filing said criminal case against
Plaintiff Mangente, was actuated by malice, sinister motives, improper schemes
for the purpose of vexing, harassing and humiliating the Plaintiff without any
factual and legal bases. Finally, the same is offered to prove as part of the
testimony of Plaintiff Mangente marked as EXHIBIT “D” in his Judicial
Affidavit but marked as EXHIBIT “E’ during his direct testimony and is hereby
requested to be RE-MARKED as EXHIBIT “D” for the Plaintiff.
EXHIBIT “E” - The RETAINERSHIP CONTRACT dated May 2, 2011 of
Plaintiff with his defense counsel in the criminal case of Reckless Imprudence
case. To prove the expenses in defending him in the said criminal case. Hereto
marked and appended in the Judicial Affidavit of Plaintiff Mangente as
EXHIBIT “E’ as part of his direct testimony. The same is hereby requested to
RETAIN the same marking for the Plaintiff.
EXHIBIT “F” - The LIST OF HEARING DATES. Offered to prove that
in the course of defending the said malicious criminal case of Reckless
imprudence Resulting in Physical Injuries, Plaintiff had attended and expended
for at least 28 hearing dates.
EXHIBIT “G” - RETAINERSHIP CONTRACT dated February 14, 2018
of Plaintiff with Atty. Oropesa as prosecuting counsel in this instant Civil Case
for Abuse of Rights. To prove the expenses in prosecuting this instant damage
suit. Hereto marked and appended in the Judicial Affidavit of Plaintiff Mangente
as EXHIBIT “G” as part of his direct testimony. The same is hereby requested to
RETAIN the same marking for the Plaintiff.
EXHIBIT “H”- The BLUETOYS QUOTATION FOR PRICE OF THE
REPAIR OF THE CRV. Previously marked as Exhibit “I” in the Complaint and
Pre- Trial Order., as found in Page 37 of the Records.The same is offered as proof
of the extent of the damage and its expenses for it to be repaired.
EXHIBIT “I” - Plaintiff’s CERTIFICATE OF EMPLOYMENT as found
in Page 22 of the Records. Previously marked during Pre-Trial and appended to
the Records as Exhibit “E” in the Complaint and during Pre Trial, but marked as
EXHIBIT “J” during Plaintiff’s direct examination. Offered to prove that Plaintiff
Mangente was gainfully employed and was earning $3,500.00 per month when
he was unceremoniously dragged in the malicious Criminal Case No. 3448,
forcing him to leave his employment due to turmoil and anxiety that the said
case had brought upon him. Also offered to prove as part of Plaintiff’s testimony.
Marked as Exhibit “J” during Plaintiff’s direct testimony on Jan. 21, 2018, and is
hereby requested to be RE-MARKED as EXHIBIT “I”.
EXHIBIT “I-1” - Plaintiff’s CERTIFICATE OF SEA SERVICE, as found
in Page 23 of the Records. Previously marked during Pre-Trial and appended to
the Records as Exhibit “E-1”. Offered to prove that Plaintiff Mangente was
gainfully employed and was comfortably earning since 2006 until that ill-fated
day of April 22, 2011, he had a contract with M/V SD Progress until April 27 of
2012, when he was unceremoniously dragged in the malicious Criminal Case No.
3448, forcing him to leave his employment due to turmoil and anxiety, that said
case had brought upon him. Also offered to prove as part of Plaintiff’s testimony.
Previously marked as Exhibit “J-1” during Plaintiff’s direct testimony on Jan. 21,
2018, and is hereby requested to be RE-MARKED as EXHIBIT “I-1” for facility.
EXHIBIT “I-2” - Plaintiff’s CONTRACT OF EMPLOYMENT, as found
in Page 24 of the Records. Already marked and appended to the Records.
Offered to prove that Plaintiff Mangente was gainfully employed even after that
ill-fated day of April 22, 2011, or on July 25, 2011 he had a contract with M/V SD
Progress until April 27 of 2012, when he was unceremoniously dragged in the
malicious Criminal Case No. 3448, forcing him to leave his employment due to
turmoil and anxiety, that said case had brought upon him. Also offered to prove
as part of Plaintiff’s testimony. The said contract of employment has evaluated,
verified, certified, processed, approved and issued by the government agency
known as the Philippine Overseas Employment Administration (POEA).
Previously marked as Exhibit “E-2” during Pre-Trial, and Exhibit “J-2” during
Plaintiff’s direct testimony on Jan. 21, 2018, But the same is hereby requested to
be RE-MARKED, for facility, as EXHIBIT “I-2” in accordance with the Order of
Proof of Plaintiff Mangente’s Judicial Affidavit.
EXHIBIT “J” - The SUMMARY OF TRANSPORTATION EXPENSES,
as found in Page 25 of the Records. Offered to prove the transportation expenses
Plaintiff and his witnesses incurred to prosecute the case. Previously marked as
Exhibit “F’ on the Pre -Trial Order and is hereby requested to be marked as
EXHIBIT “J” for the Plaintiff for facility.
EXHIBIT “K”- TICKETS FOR THE FARE EXPENSES in going to and
from the courtrooms. Found on Pages 26 to 34 of the Records. Previously marked
as Exhibit “G-Series”. Offered to prove the transportation expenses of Plaintiff
and his witnesses incurred to prosecute the case. The same is hereby requested to
be RE-MARKED as EXHIBIT “K-SERIES” for the Plaintiff.
EXHIBIT “L”-The TRAFFIC ACCIDENT REPORT, as found on Page 36
of the Records. Previously marked during Pre Trial as Exhibit “H”. Offered to
prove the existence of the accident. This had already been ADMITTED by the
Defendant during Pre-Trial. But this however was already mooted by the
admission of the Defendant of the dismissal of his case
EXHIBIT “M”- PHOTOS OF THE CRV. Previously marked as Exhibit
“J-Series” as found on Page 38 of the Records. Offered to prove the extent of the
damage to the CRV Car and its relative position. But this however was already
mooted by the admission of the Defendant of the dismissal of his case. The same
is hereby requested to be RE-MARKED as EXHIBIT “M-SERIES” for the
Plaintiff.
EXHIBIT “N”- PHOTOS OF TRICYCLE. Previously marked as Exhibit
“J-1” as found on Page 39 of the Records. Offered to prove the relative position
and damage of the tricy vis-à-vis the CRV. But this however had already been
mooted by the admission of the Defendant of the dismissal of his case. The same
is hereby requested to be RE-MARKED as EXHIBIT “N-SERIES” for the
Plaintiff.
EXHIBIT “O”- COMPACT DISK ON COLLISION COURSES. Already
appended to the Records. Previously marked as Exhibit “K”. Offered to prove
that the Tricycle was at fault. But this however had already been mooted by the
admission of the Defendant of the dismissal of his case. The same is hereby
requested to be RE-MARKED as EXHIBIT “O” for the Plaintiff.
EXHIBIT “P””P-1” & “P-2”- The JUDICIAL AFFIDAVIT OF MICHAEL
MANGENTE including his signature and its Notarization. Offered to prove
that 1. He is the Plaintiff in this instant case for abuse of rights; 2. That as such he
incurred damages in different forms by reason of the malicious filing of the
Reckless Imprudence Case against him; 3. That the case filed against him by
Esmeria had been dismissed by the Court on grounds that based on the facts
and the law Plaintiff had shown no cause for relief; 4. His judicial affidavit is
likewise being offered to prove as part of his testimony on his damages and how
he was injured and whatever is contained in the nature and purpose of the offer
on his Judicial Affidavit. And to prove such other claims and matters related to
the case and documentary evidences.
EXHIBIT “Q” & “Q-1” - The JUDICIAL AFFIDAVIT OF DAVID P.
BERJA as found in Page 195-200 of the Records. Already marked and appended
to the Records. Offered to prove that he was the passenger of the CRV during the
said incident. To prove what transpired before, during and after the incident in
question and that it was Defendant Joseph Esmeria who was running at fast
speed. Also offered to prove malicious prosecution and the damages Plaintiff
Mangente incurred. Moreover, also offered to prove plaintiff Mangente’s loss of
earning income opportunity. Further, to prove such other matters as are relevant
and material to this present indictment, and finally as part of the testimony and
claims of Plaintiff Mangente and to prove such other documentary evidences.
EXHIBIT “R”- JUDICIAL AFFIDAVIT OF MICHELLE MANGENTE.
Offered to prove her testimony and to corroborate the testimony of the Plaintiff.
Also to prove the factual incidents of the criminal case filed against his father
Michael Mangente before during and after the incident in question. Moreover, to
prove the damages incurred or suffered by Plaintiff Mangente and such other
matters related to this Abuse of Rights Suit. The said Judicial Affidavit is already
attached to the Records and had been previously marked as Exhibit “L” during
her direct testimony but is hereby requested to cancel the same and have it
REMARKED as EXHIBIT “R”, the Judicial Affidavit and EXHIBIT “J-1” for the
signature, for facility.
PRAYER
WHEREFORE, IT IS MOST RESPECTFULLY PRAYED, UNTO THIS
HONORABLE COURT, THAT THE FOREGOING DOCUMENTARY
EVIDENCE BE ADMITTED BY THE HONORABLE COURT FOR THE
PURPOSES FOR WHICH THEY ARE OFFERED.
Respectfully submitted.
Such other relief just and equitable under the premises are likewise prayer
for.
Sorsogon City, Province of Sorsogon, Philippines,, December 20, 2019.
CYRIL C. OROPESA
Counsel for the Plaintiff
Rollo No. 54962
IBP No. 847640/January 2, 2014
PTR No. 147967/January 15, 2015
MCLE Compliance No. IV-0023763 UP Law Center
University of the Philippines, Diliman, Quezon City
#435 Market Site Sirangan, Sorsogon City
CP No. 09177672368/cyril_621975@yahoo.com
Copy Furnished:
Atty. ALEXIS M. ESCOBEDO
SCE Soliven, Castillo & Escobedo Law Offices
Unit 404 Tower A, The Regalia Park Towers
150 P. Tuazon Blvd., Araneta Center
Cubao, Quezon City
THE BRANCH CLERK OF COURT
RTC, Gubat Sorsogon
