Pre-Trial Brief - Prosecution (Concubinage).docx

Republic of the Philippines MUNICIPAL TRIAL COURT Baganga, Davao Oriental

PEOPLE OF THE PHILIPPINES, Plaintiff,

CRIMINAL CASE NO. 3002-2017-CR FOR: CONCUBINAGE

-versusMR. ELIAS MACATOL and MS. MAGDALENA PINILI Accused. x-----------------------x

PRE-TRIAL BRIEF FOR THE PROSECUTION

The undersigned Provincial Prosecutor, and unto this Honorable Court, most respectfully avers: STATEMENT OF THE CASE

On February 14, 1998, private complainant MILAGROS D. BALICAN-MACATOL (Milagros) and accused ELIAS MACATOL (Elias) were legally married at the Immaculate Concepcion Parish, Baganga, Davao Oriental. They have two (2) children, Julie Ann and  Joanna May, born in in 1998 and 2000, respectively. respectively. In 2002, private complainant was offered an opportunity to work as a nurse in Alberta, Canada and left the country in April 2003 despite oppositions of her husband. After five (5) continuous years of staying in Canada, she was able to petition her children to live with her abroad with the exception of her husband who insisted of returning in the Philippines. Private complainant knew about her husband’s affair through their daughter, Julie Ann, when the latter went on vacation in the Philippines in 2014 where she met accused, MAGDALENA PINILI (Magdalena) for the first time. Julie Ann became suspicious with regard the true relation of her father and Magdalena which was later confirmed by their former household helper, Musa Catulong. 1

In July 2014, upon the return of Julie Ann to Canada, she told her mother about the extramarital affair of her father with Magdalena which has been going on since June 2004 up to the present. Julie Ann also said that Magdalena had been living in their home in Sitio Dawis, Central, Baganga, Davao Oriental and sleeps in the same room with her father despite Magdalena’s knowledge that Elias was legally married to Milagros. In December 2017, Milagros filed a complaint against her husband Elias and his paramour Magdalena accusing both of the crime of concubinage, defined and penalized under Article 334 of the Revised Penal Code, having willfully, unlawfully and feloniously cohabiting as husband and wife, to the damage and prejudice of the private complainant and her children. POSSIBILITY OF AMICABLE SETTLEMENT

The private complainant, if only to help the court in disposing this case, remains open and willing to resort to mediation or other modes of alternative dispute resolution and settle the case amicably with the accused under terms and conditions consistent with law,  justice and equity. PROPOSED STIPULATION AND/OR ADMISSION OF FACTS

1. The private complainant Milagros D. Balican-Macatol and accused Elias Macatol are legally married; 2. Accused Magdalena Pinili had full knowledge of the fact of marriage between private complainant Milagros D. BalicanMacatol and co-accused Elias Macatol; 3. The authenticity and due execution of the documents.

ISSUE TO BE RESOLVED

Whether or not the accused are guilty of the crime of concubinage. 2

EXHIBITS TO BE PRESENTED

1. Exhibit “A”, certified true copy from the Local Civil Register of the Marriage Contract of Elias Macatol and Milagros D. Balican-Macatol: To prove that the said parties were legally married; 2. Exhibit “B”, TCT No. T-123456: To prove that the dwelling place where the accused are currently living is a conjugal home registered under the name of “Elias Macatol married to Milagros D. Balican-Macatol”. Private complainant Milagros D. Balican-Macatol reserves the presentation of other documents in the course of the trial.  WITNESSES TO BE PRESENTED

1.  JULIE ANN MACATOL. Purpose: To identify the accused Magdalena Pinili as his father’s paramour; to narrate the incidents which would establish that the said accused is living in the conjugal home of her parents; 2. MUSA CATULONG. Purpose: To identify the private complainant and accused; to narrate the incidents that would establish that the accused have been living together as husband and wife; 3. CARIDAD REHISTRO, Records Custodian of the Local Civil Register of Baganga, Davao Oriental. Purpose: To identify and certify the authenticity of the Marriage Contract of Elias Macatol and Milagros D. Balican-Macatol; 4. ROMULO CUSTODIO, Records Custodian of the Register of Deeds of Baganga, Davao Oriental. Purpose: To identify and certify the authenticity of the Transfer Certificate of Title covering the house and lot registered under the name of “ Elias Macatol married to Milagros D. Balican-Macatol”.

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Private complainant Milagros D. Balican-Macatol reserves the identification and presentation of other witnesses in the course of the trial. APPLICABLE LAW AND JURISPRUDENCE

The prosecution will cite the applicable and relevant provisions of the Revised Penal Code and the applicable jurisprudence and Supreme Court decisions on cases involving concubinage in the course of the trial. DATES OF HEARING

The prosecution would need around two (2) trial dates. The prosecution would also depend on the dates agreed upon by the parties. Respectfully submitted this 04 January 2018 at Davao City, Philippines.

ATTY. MEL CATHERINE MIRANDA Prosecutor III Roll No. 88124 PTR No. 1234567-A, 1/3/2018; Davao City IBP Member Roll No. 00890, 1/3/2018; Davao City MCLE Compliance No. II-000456 For the 2nd Compliance September 20, 2017, M.M.

Copy furnished by personal service: Atty. Francis Anthony Alpas Counsel for Accused Alpas, Lomondot & Jardinel Law Firm Room D-100, Dotterweich Building E. Jacinto Street, Davao City 4