Pre Trial Brief for prosecution

Republic of the Philippines Regional Trial Court 11th Judicial Region Branch 16 Davao City THE PEOPLE OF THE PHILIPPINES Complainant,

Criminal Case No. 34356

-versus-

FOR: RAPE

Arthur Sanggalang Accused, x---------------------------------------------x

PRE-TRIAL BRIEF OF THE PROSECUTION THE PEOPLE OF THE PHILIPPINES, through the undersigned Prosecutors, most respectfully submits this Pre-trial Brief and states the following: SUMMARY OF ADMITTED FACTS AND PROPOSED STIPULATION OF FACTS 1. That the private complainant Maine F. Gonzales is of legal age, single and a resident of Sparrow St., Ecoland Davao City; 2. That they personally know each other since they are officemates at an outsourcing company called TEXTBOX located at Damosa Lanang Davao City; 3. That they are former sweethearts for two years until they parted ways; 4. That on December 18, 2014 their company had a Christmas party held at club violet along Claveria St., Davao City;

5. That the complainant was present at that time along with her friends in one table, while the accused was on the other table together with his friends; 6. That at around 10:30 in the evening, the complainant is already dizzy considering that they already consumed three (3) buckets of red horse stallion; 7. That when the party was about to end at on or about 12:30 o’clock in the morning of December 19, 2014, the accused approached the complainant and offer to take home the complainant; 8. That at around 1:10 A.M , the Accused accompanied the complainant who is about to lost her consciousness and rode a cab; 9. That when the complainant regain his consciousness, the accused was already on the top of her, after being realized the complainant strongly resisted and tries to let go of her wrist so that she can pushed the accused away from her body but she was so helpless to do so because of accused superior strength; 10. That the accused despite the constant refusal of the complainant, successfully raped her, by pinning down the hands of the complainant and inserted his penis in her vagina and did the push and pull motion; 11.That the crime was committed in Lavida George Inn, Ecoland, Davao City; 12.That after the accused finished his bestial acts against the complainant he threatened the complaint not to tell anybody of what had happen between them otherwise something bad will happen to the complainant as he presented to her, her naked photos; 13.That after the incident the accused drove the complainant home, who still shock of the incident; 14.That when the complainant arrived at home she told her mother emotionally about the incident; 15.That after telling the complainant to her parents about the incident they decided to report it to the authorities and went to Talomo Police Precent about the incident.

16.That complainant was directly brought to Southern Philippines Medical Center (SPMC) where she was physically examined. ISSUES TO BE TRIED 1. Whether or not complainant Maine F. Gonzales has been raped by the accused Arthur Sanggalang? 2. Whether or not the testimony of the victim Maine F. Gonzales was 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? 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. DOCUMENTS TO BE PRESENTED 1. Information------------------------------------------Exhibit “A” (This is a sworn, written accusation of a crime to prove the facts of the raped incident that transpired at Lavida George Inn, Ecoland, Davao city)

2. Joint Affidavit of the Witness --------------------Exhibit “C” (This is a sworn statements of Anne Kurtish, Maja Salvarro and Sarah Peronimo to prove the raped incident that transpired at in Lavida George Inn, Ecoland, Davao city)

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

(This medical certificate is issued by Dr. Constantino of Southern Philippine Medical Center (SPMC) after conducting a medical examination of the victim. This medical certificate shows that Maine F.Gonzales has hymenal lacerations which tend to show that she has been forced to have sexual intercourse with the accused). 4. Police Blotter------------------------------------------------Exhibit “G” (Details such as name, age, and address of the suspect/person arrested, time and place of an incident, name of the officer who responded to the incident and name of the victim /complaining person).

WITNESSES TO BE PRENTED 1 Maine F. Gonzales– her testimony will provide for the facts of the alleged rape incident. She will detail to the court what really transpired on December 19, 2014. 2 Dr. Anne Constantino – she will identify to the court the medical certificate submitted by the complainant.

TRIAL DATES Specifically all Fridays of the month, with the regular appearance of the undersigned city prosecutors before this Honorable Court. RESPECTFULLY SUBMITTED. August 2, 2015, Davao City, Philippines.

DAVAO CITY PROSECUTORS’S OFFICE Hall of Justice, Ecoland Davao City By: PROS. AIMEE AGBAYANI Asst. City Prosecutor Roll of Attorneys No. 62028 IBP No. 976893/ Davao City/January 2, 2015 MCLE Exempt PTR Exempt

And ATTY. GIAN ESPINA Private Prosecutor Roll of Attorneys No. 62042 IBP No. 976893/ Davao City/January 2, 2014 MCLE Exempt PTR Exempt

Copy furnished: ATTY.HASNIA BASMAN Counsel for the Accused Room 200,Candelaria st Davao city. Received by:___________ Date: ___________