Pre Trial Brief 1

 

Republic of the Philippin Philippines es MUNICIPAL TRIAL COURT IN CITIES Second Judicial Region Branch IV  Tuguegarao City, Cagayan Cagayan

PEOPLE OF THE PHILIPPINES

CRIMINAL CASE NO. 12345

-versus-

for

LUIS CRUZ y ABELLA, ABELLA, No. 57 Sparrow Street, San Gabriel Village, Tuguegarao City   Accused.  x----------------------- x-------------------------------------------------------x ---------x

RECKLESS IMPRUDENCE RESULTING IN HOMICIDE

PRE-TRIAL BRIEF OF THE ACCUSED  The Accused, through the undersigned Counsel, before this Honorable Court, most respectfully submit this Pre-Trial Pre -Trial Brief: PLEA BARGAINING

Pursuant to Rule 116, Section 2 of the Rules of Court,   the Accused withdraws his plea of not guilty and now pleads guilty to a lesser offense of (SPI) which is necessarily included in the offense charged against herein accused. (uhm (uhm hindi pa to sure kasi nasa mock trial script na he  pleads not guilty daw so we can talk through through it)   SUMMARY PROPOSED STIPULATION OF FACTS

 The following are the proposed proposed facts: 1.  There is an appreciable appreciable lapse of tim time e from the occurrence of the incident to the demise of the victim. 2.  The proximate cause of of death was Acute Myoca Myocardial rdial Infarction. ADMITTED FACTS

 The following are the admitted admitted facts: 1.   The accused is of legal ag age, e, single, Fil Filipino, ipino, and a resident of No. 57 Sparrow Street, San Gabriel Village, Tuguegarao City. 2.   The accused accused is employed as a utility personnel o off the Cagayan State University Andrews Campus. 3.   The accused went to Enrile, Cagayan on September 7, 2018 to attend to the wake of his deceased Uncle, the same day the incident occurred. 4.   The accused admits that he is the owner of the Black Euro Motorcyle with the plate number ___________.

 

5.   The accused admits tthat hat the black euro motorcycle was the same motorcycle that bumped the deceased. 6.   The accused was not intoxicated intoxicated at the time the accident occurred. occurred. 7.   The accused admits having bumped into the deceased victim. victim. 8.   The accused admits that he was driving on the left lane and on the shoulder of the same. 9.   The accused did not leave the victim o on n the road and that he asked for help from nearby stores and bystanders to aid to the victim. 10. The accused accompanied Police Officer in bringing the deceased   victim to the hospital; 11. The   The accused turned himself to the proper authorities immediately after the deceased latter was admitted to the hospital. 12. The   The accused admits the allegations in the complaint of the plaintiff from paragraph __________. EVIDENCE FOR MARKINGS

1.  Affidavit of the accused, Luis Reyes Purpose: to prove that he was the one who caused the vehicular accident at ____________ on _______. 2.  Affidavit of ____________ (bystander) Purpose: to prove that she saw how the accident took place; 3.  Affidavit of ____________ (kung sino man nag-admit sa deceased) dece ased) Purpose: to corroborate the testimonies of Geraldine Demetri and Bea Robles; 4.  The (certificate issued by LTO for registration of vehicle and a subsequent plate number of said vehicle); Purpose: to prove that the said vehicle that was previously registered with the Land Transportation Office is the same motor vehicle used by the accused on the day of the said accident. 5.  Death Certificate of Charlie Danao; Purpose: to prove the extent of the injury and the cause of death of the victim; 6.  Blotter Report of Tuguegarao Police Station Purpose: to prove that the accused voluntarily surrendered himself to the police authority after having admitted the deceased to the hospital.

I S S U E S

1.Whether or not the accused committed the crime charged; 2.Whether or not they were guilty thereof. W I T N E S S E S

1.  PO1 ____________ to testify that he was on patrol when the accident occurred. 2.  Dr. ____________ to stand as expert witness and to testify that he was the one who personally performed the surgery (attest to the veracity of the death certificate and to pronounce to the t he honourable court the proximate cause of death of the victim

 

3.  (bystander) to testify that she was the owner of a store where the victim last went to buy (something with his friend) before meeting the accident.

APPLICABLE LAWS AND JURISPRUDENCE

(SEARCH) 1.  Revised Penal Code 2.  Rules of Court TRIAL DATES

Specifically all Saturdays of October, with the regular appearance of the undersigned Counsel before this Honorable Court.

Iloilo City, Iloilo, Philippines, June 2, 2008 GALLEGO-SABIDO LAW OFFICES Arguelles St., Jaro, Iloilo City By: Atty. PHILLIP ULYSSES CASTILLO Counsel for the Accused Roll No. 68999 / 5-2-07 IBP. No. 789084 / 12-29-07 MCLE Compliance No. 890590 / 12-20-07 PTR No. 345667 / 01-05-08

Copy furnished: PROS. Assistant City Prosecutor (Address) Ramon Q. Avanceña Hall of Justice Bonifacio Drive, Iloilo City Received by:___________ Date: ___________