Pre Trial Brief Criminal sample

Republic of the Philippines Regional Trial Court 11th Judicial Region Branch 15 Davao City THE PEOPLE OF THE PHILIPPINES Complainant,

Criminal Case No. 38,390-97 FOR: RAPE

-versus-

Mar Binay and Benigno Marcos Accused, x---------------------------------------------x

PRE-TRIAL BRIEF THE PEOPLE OF THE PHILIPPINES, through the undersigned Prosecutors, most respectfully submits this Pre-trial Brief and states the following: A. SUMMARY OF ADMITTED FACTS AND PROPOSED STIPULATION OF FACTS 1. That the private complainant, Korina S. Aquino, is 17 years of age, born on October 5, 1996, single, Filipino and a resident of Sobrecarey St., Bankerohan, Davao City; 2. That the two accused, Mar Binay and Benigno Marcos, both of legal age, Filipino and residents of Tiongko Avenue, Davao City;

3. That the complainant and the two accused personally know each other since they met on June 2013 they became close friends; 4. That on December 10, 2013, at around 7:00 o’clock in the evening, the two accused and the complainant had started their drinking session at the Sari-Sari Store located at Tiongko Ave. Cor. Araullo St., Davao City; 5. That after consuming one (1) bottle of Emperador Brandy, complainant felt a bit dizzy because she is not used in drinking hard liquors ; 6. That at around 9:00 o’clock in the evening, as the owner of the store told them that they will about to close, the two accused proposed for a change of venue; 7. That along the way to the next venue, complainant feel like urinating and vomiting so she decided to urinate nearby within the premises of the abandoned house leaving the two accused; 8. That right after complainant pulled up her panties after urinating, she was grab in the wrist and forcefully pushed her inside an abandoned house; 9. That complainant positively identified her attackers to be the two accused Mar Binay and Benigno Aquino; 10. That the accused Benigno Marcos undressed complainant, remove her underwear and pinned her down on the floor while the other accused Mar Binay is holding complainant’s wrist; 11. That complainant strongly resisted and tries to let go of her wrist so that she can pushed the accused Benigno Marcos away from her body but she was so helpless to do so because of accused superior strength. 12. That the accused Benigno Marcos hastily undressed himself, and successfully inserted his penis into complainant’s vagina and performed Push and Pull movement while keep on threatening her, “Mas

masakitan ka kung mupalag ka o musyagit ka”. (You will hurt yourself more if you refuse or scream ) 13. That after the accused Benigno Marcos finished his bestial acts against the complainant he then preceded to the door acted as a look out while the other accused Mar Roxas tightly held the two hands of complainant and placed himself on top of her even if she strongly

resisted. Complainant cannot do nothing except to cry especially when the accused Mar Roxas inserted his penis into her vagina and performed push and pull movement; 14. That after the accused Mar Binay get himself satisfied, he stand up and get dressed and so, complainant managed to scream “Mga

Demonyo Mo, Mga Traydor, Gabaan pa unta Mo”...( You are Devils, You are Traitors, May God forsake you”) 15. That complainant found out later from the Police that there was a person who heard her scream and called 911 in the person of Jejomar Roxas; That the police officers in the persons of SPO1 HIGANTE DAGUL, SPO1 PAT COLINAR together with PO2 BEAUTY MAGANDA came and arrest of two suspects, Mar Binay and Benigno Marcos who were in the act of escaping;

16.

17. That complainant was directly brought to Southern Philippines Medical Center (SPMC) where she was physically examined. B. ISSUES TO BE TRIED 1. Whether or not complainant has been raped and abused by the two accused Mar Binay and Benigno Marcos? 2. Whether or not the testimony of the victim Korina S. Aquino corroborated by testimony of the witness and strengthened by the findings of the expert witness is sufficient to convict the accused for the crime of rape? C. APPLICABLE LAWS AND JURISPRUDENCE 1. Act No. 3815 known as the Revised Penal Code 2. Republic Act No. 8353 otherwise known as the Rape Law of 1997 3. Revised Rules of Evidence 4. Jurisprudence laid down by the Supreme Court on RAPE

Complainant respectfully reserves the right to cite applicable laws and jurisprudence as the case progresses. D. DOCUMENTS TO BE PRESENTED 1. Affidavit of the Victim-----------------------------Exhibit “A” (This is a sworn statement of Korina Aquino to prove the facts of the

raped incident that transpired at the abandoned house situated at Tiongko Ave., Davao City on December 10, 2013).

2. Birth Certificate of the Victim-------------------- Exhibit “B”

(This is a birth certificate of Korina Aquino to prove that she is indeed 17years of age and still a minor).

3. Affidavit of the Witness Jejomar Roxas-------------Exhibit “C”

(This is a sworn statement of Jejomar Roxas to prove the raped incident that transpired at the abandoned house situated at Tiongko Ave., Davao City on December 10, 2013).

4. Joint Affidavit of Arrest----------------------------Exhibit “D”

(This is a joint affidavit of Police Officers in the persons of SPO1 HIGANTE DAGUL, SPO1 PAT COLINAR together with PO2 BEAUTY MAGANDA who apprehends the two accused at the abandoned house situated at Tiongko Ave., Davao City on December 10, 2013).

5. Spot Report Incident-------------------------------Exhibit “E”

(This is an excerpt of report of from the daily record of events on December 10, 2013 to prove that indeed there is a rape incident that transpired within the said date).

6. Medical Certificate--------------------------------Exhibit “F”

(This medical certificate is issued by Dr. Concha of Southern Philippine Medical Center (SPMC) after conducting a medical examination of the victim. This medical certificate shows that Korina S. Aquino has hymenal lacerations which tend to show that she has been abused and forced to have sexual intercourse with the accused).

E. NAMES OF WITNESSES

1. Korina S. Aquino – her testimony will provide for the facts of the alleged rape incident. She will detail to the court what really transpired on December 10, 2013.

2. Jejomar Roxas- his testimony will provide for the facts of the alleged rape incident on December 10, 2013. 3. Dr. Ma. Elinore A. Concha – she will identify to the court the medical certificate submitted by the complainant.

4. Giselle Aquino – she is the mother of the plaintiff. She will testify on matters that happened to her daughter shortly after the said rape incident.

F. AVAILABLE TRIAL DATES Specifically all Fridays of the month, with the regular appearance of the undersigned city prosecutors before this Honorable Court. RESPECTFULLY Philippines.

SUBMITTED.

February

5,

2014,

DAVAO CITY PROSECUTORS’S OFFICE Hall of Justice, Ecoland Davao City By: PROS. JOSEPH ABAD Asst. City Prosecutor Roll of Attorneys No. 62028 IBP No. 976893/ Davao City/January 2, 2014 MCLE Exempt PTR Exempt

And PROS. MARIO BALDOS Asst. City Prosecutor Roll of Attorneys No. 62042 IBP No. 976893/ Davao City/January 2, 2014 MCLE Exempt

Davao

City,

PTR Exempt

Copy furnished: Atty. Hot N. Cold Counsel for the Accused San Pedro Extension, Davao City

R.R. No. __________ Date: _____________