Pre-Trial Brief Sample

Republic of the Philippines Sixth Judicial Region REGIONAL TRIAL COURT Branch___ Roxas City PEOPLE OF THE PHILIPPINES, Plaintiff,

CIVIL CASE NO._______ FOR: RECKLESS IMPRUDENCE

- versus TITO CRUZ AND VIC CRUZ, Accused. x-----------------------------------------------x PRE-TRIAL BRIEF OF THE PROSECUTION THE PEOPLE OF THE PHILIPPINES, through the undersigned City Prosecutor, before this Honorable Court, most respectfully submit this Pre-Trial Brief: SUMMARY OF ADMITTED FACTS AND PROPOSED STIPULATION OF FACTS The following are the admitted facts: 1. the identities of those charged in the information and that of the persons arraigned are one and the same; 2. the identity of Joey Cruz, the victim; 3. the killing of the victim; 4. the date and places of the commission of the crime. EVIDENCE FOR MARKINGS 1. Affidavit of the cashier Geraldine Demetri Purpose: to prove that she was on-duty when the robbery took place and that one of the accused pointed a gun at her, who eventually declared hold-up while the other emptied the cash registers and took some grocery stuffs; 2. Affidavit of customer Bea Robles Purpose: to prove that she was one of the customers at the time the robbery took place and that she saw and identified the accused by their faces; 3. Affidavit of customer Paris Michaels Purpose: to corroborate the testimonies of Geraldine Demetri and Bea Robles; 3. Autopsy Report of Joey Cruz issued by Iloilo Mission Hospital Purpose: to prove the extent of the injury and the cause of death of the victim; 4. Blotter Report of Jaro Police Station (ICP-PP3) Purpose: to prove that the police authority received a report that a robbery took place at Iloilo Supermart, located at Tabuk Suba, Jaro, Iloilo City. 5. Affidavit of Romeo V. Benamarca

Purpose: To prove that he personally heard a gun shot from an abandoned rice mill and actually saw the accused holding a gun and the dead body of the deceased which subsequently followed the arrest of the accused. 6. Paraffin test result Purpose: To prove that accused became positive of gun powder burns. 7. Anatomical Sketch Purpose: To prove which part of the victim’s body was shot and the nature, extent and location of wound. 8. Ballistics Test result Purpose: To prove that the slug recovered from the victim’s body came from the same gun which was recovered from the possession of Tito Cruz. 9. Fired Shell 10. Three live ammunitions 11. .45 caliber pistol ISSUES 1. Whether or not the accused committed the crime charged; 2. Whether or not they were guilty thereof. WITNESSES 1. Geraldine Demetri to testify that a robbery took place; 2. Bea Robles to testify that she was one of the customers of the Iloilo Supermart at the time the robbery took place; 3. Paris Michaels to testify that she was one of the customers of Iloilo Supemart at the time the robbery took place. 4. Romeo V. Benamarca to testify that he was the police officer who went to the scene of the crime and arrested the accused. 5. Dra. Isabel Cenon to testify that she conducted the post mortem examination of Joey Cruz and to attest to the veracity of her findings in the autopsy report. 6. Police Senior Inspector Anthony Villar to testify that he conducted the ballistics examination and to attest to the veracity of his findings in the said report. 7. Chemist Dionisia Paqui to testify that she conducted a paraffin test to the accused and to attest to the veracity of her findings in the said report. TRIAL DATES Specifically all Fridays of the month, with the regular appearance of the undersigned city prosecutors before this Honorable Court. RESPECTFULLY SUBMITTED. Iloilo City, Iloilo, Philippines, July 4, 2008.

ILOILO CITY PROSECUTOR’S OFFICE Ramon Q. Avanceña Hall of Justice Bonifacio Drive,Iloilo City

By: JOHN FRED C. HALLARES Assistant City Prosecutor Roll No. 67890 / 5-2-07 IBP. No. 667899 / 12-29-07 MCLE Exempt PTR Exempt

And

JASIE ANN MAGHOPOY Assistant City Prosecutor Roll No. 67891 / 5-2-07 IBP No. 667900 / 12-29-07 MCLE Exempt PTR Exempt

Copy furnished: ATTY. KENETH P. TUPAS Counsel for the Defense Room 200, New Valentine Bldg. Central Philippine University Lopez Jaena St., Jaro, Iloilo City

Received by:___________ Date: ___________