Pre-Trial Brief SAMPLE for Defense

REPUBLIC OF THE PHILIPPINES SIXTH JUDICIAL REGION MUNICIPAL TRIAL COURT IN CITIES BACOLOD CITY BRANCH 001 PEOPLE OF THE PHILIPPINES -versus-

FOR: Slight Physical Injuries Article 266 of the Revised Penal Code

RUFINA L. CALIWAN x-----------------------------------------------x PRE-TRIAL BRIEF OF THE DEFENSE DEFENDANT, by counsel and through this Honorable Court, respectfully submits this pre-trial court’s order dated, March 19, 2016.

I.

SUMMARY OF ADMITTED FACTS, PROPOSED STIPULATION OF FACTS AND DEFENSES

The defendant hereby admits the following facts: I.1. The identity of the private complainant, Rhodora Pasilona; I.2. The date and time of the commission of the offense; Furthermore, the following facts:

defendant

respectfully

proposes

the

I.3. Rhodora Pasilona provoked the being of the defendant during the conciliation proceedings; I.4. Despite the effort of the defendant to ignore the bashing and swearing, Rhodora Pasilona consistently uttered words that would blacken the defendant’s reputation;

I.5. Rhodora Pasilona uttered these words amidst the presence of the neighbors one time and several more occurred afterwards; The defendant, moreover, raises the following defenses: I.6. The allegations were the results of the private complainants relentless bashing and name swearing upon the defendant; I.7. The resultant occurrences were mere acts of selfdefense. II.

EVIDENCE FOR MARKINGS

II.1. The sworn affidavit of Purita Limpio. Purpose: To attest that prior to the alleged commission of the offense, several circumstances of name-swearing and attacking occurred against the person of the defendant which accumulated over time. II.2. The barangay conciliation proceedings’ certificate. Purpose: To prove the defendant’s willingness and good faith in trying to resolve the matter with the private complainant and Mr. and Mrs. Ocampo. III.

ISSUE

III.1. Whether or not the justifying circumstance of selfdefense is applicable; III.2. Whether or not the defendant is justified in committing the crime charged.

IV.

WITNESSES

IV.1. Purita Limpio to testify on the contents of her sworn affidavit and strengthening the defendant’s claim that the alleged unjustified attack was in fact, justified. IV.2. Junny Dip to testify the defendant’s presence thus proving the defendant’s good faith and pure intention of settling the issue amicably.

V.

TRIAL DATES

Specifically all Fridays of the month, with the regular appearance of the undersigned counsel before this Honorable Court.

RESPECTFULLY SUBMITTED. Bacolod City, Philippines, March 2, 2015.

ATTY. FELIMON SY Notary Public Notary Public for Bacolod City, Negros Occidental Until December 31, 2016 Office: 13F Kung Sin O Bldg., No. 69, Mabilog Rd., Bacolod City Roll No. 57202 – 03/22/2016 IBP Lifetime Roll No. 100293; 01/05/15 PTR No.023456; 01/05/16 MCLE Compliance Cert. No. 097654; 01/05/16

Copy furnished: ANGELINA DIOLY Assistant City Prosecutor Office of the City Prosecutor of Bacolod Bacolod City Received by: ___________ Date: ___________