sample of pretrial brief for the defense

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

CRIMINAL CASE NO._______ FOR: MURDER

- versus GABRIEL SALAS, ALFREDO GOLEZ, AND GREG FAJARDO, Accused. x-----------------------------------------------x PRE-TRIAL BRIEF OF THE ACCUSED ACCUSED, through the undersigned counsel, before this Honorable Court, most respectfully submit this Pre-Trial Brief: SUMMARY OF ADMITTED FACTS AND PROPOSED STIPULATION OF FACTS The accused admit the following: 1. the identities of those charged in the information and that of the persons arraigned are one and the same; 2. the identity of Sulpicio Treyes, the victim; 3. the killing of the victim; 4. the date, place and time of the killing, which was May 5, 2008 at about 1:30 in the morning and at Corner Valeria-De Leon Sts., Iloilo City. EVIDENCE FOR MARKINGS 1. Affidavit of accused, Gabriel Salas Purpose: to prove that he admits the killing of the victim but the same was done in self-defense; 2. Affidavits of accused, Greg Fajardo and Alfredo Golez Purpose: to prove that they were at the place where the crime was committed but have no participation thereof; 3. Medical Report issued by Dra. Cielo F. Eltonn, M.D. to Gabriel Salas Purpose: to prove that the accused sustained several wounds as a result of the aggression by the victim; 4. Blotter Report of Molo Police Station (ICP-PP4)

Purpose: to prove that the accused Gabriel Salas voluntarily surrendered to the Police authorities. ISSUES

1.

Whether or not the accused committed the crime charged;

2.

Whether or not they were guilty thereof.

WITNESSES 1. Accused Gabriel Salas to testify on the matters and circumstances attending the killing of the victim; 2. Accused Alfredo Golez and Greg Fajardo to testify on their nonparticipation on the killing; 3. Witness Jason Pilas-Pilas to testify on the exchange of words and blows between the accused Gabriel Salas and the deceased which resulted to the death of the victim; 4. Dra. Cielo F. Eltonn, M.D. to testify on the veracity of the findings stated in the medical report of Gabriel Salas. TRIAL DATES Specifically all Fridays of the month, with the regular appearance of the undersigned counsels before this Honorable Court. RESPECTFULLY SUBMITTED. Iloilo City, Iloilo, Philippines, June 2, 2008

GALLEGO-SABIDO LAW OFFICES Arguelles St., Jaro, Iloilo City By: RHONALYN C. GALLEGO Counsel for the Defense Roll No. 68999 / 5-2-07 IBP. No. 789084 / 12-29-07 MCLE Compliance No. 890590 / 12-20-07 PTR No. 345667 / 01-05-08

And

EVANGELINE S. SABIDO Counsel for the Defense Roll No. 69009 / 5-2-07 IBP. No. 789085 / 12-29-07 MCLE Compliance No. 890591 / 12-20-07 PTR no. 345668 / 01-05-08

Copy furnished: PROS. SHYR PHOEBE F. REGUETA Assistant City Prosecutor Ramon Q. Avanceña Hall of Justice Bonifacio Drive, Iloilo City

Received by:___________ Date: ___________