Republic of the Philippines

Eighth Judicial Region

MUNICIPAL TRIAL COURT IN CITIES

Branch 1

Tacloban City

PEOPLE OF THE PHILIPPINESCriminal Case No. 123

PlaintiffFor: Slight Physical Injuries

-versus-

JUAN DE LA CRUZ

Accused

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PRE-TRIAL BRIEF OF THE PROSECUTION

THE PEOPLE OF THE PHILIPPINES, through the undersigned City Prosecutor and 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. That the identity of the accused charged in the information and that of the person arraigned is one and the same;

2. That the victim is Pedro Santos;

3. That the victim suffered from bruised lips and jaw and from an extreme pain in the abdomen and thus sought medical treatment in the Remedios Trinidad Romualdez Hospital;

4. That the place of the commission of the crime is at the victims residence at 155 Adelfa Street, Phase 1, V and G Subd., Tacloban City;

5. That the time and date of the commission of the crime is at 7:30 in the morning on January 5, 2015 and;

6. That the accused at the abovementioned time and date went to borrow the victims motorcycle as per a previous verbal agreement that the accused was permitted to use the said vehicle for emergency purposes.

EVIDENCE FOR MARKINGS

The following are the evidence for marking:

1. Affidavit of the victim, Pedro Santos; the purpose of which is to prove that it was the accused who inflicted physical injuries upon him.

2. Medical Certificate of Pedro Santos issued by Dr. Kathleen Garcia; the purpose of which is to prove that the victim suffered from bruised lips and jaw and from an extreme pain in the abdomen and thus was mandated to rest at home for five (5) days thus missing five (5) days of work as a clerk of a private establishment.

3. Affidavit of Dr. Kathleen Garcia; the purpose of which is to prove the authenticity of the Medical Certificate issued to Pedro Santos.

4. Affidavit of Mr. Rico Manihan, Human Resource Manager at RealTek, Inc. and the victims supervisor; the purpose of which is to prove that the victim was not able to report to work for five (5) days from the commission of the crime.

5. Certificate to File Action issued by Barangay 109; the purpose of which is to prove that conciliation proceedings were instituted at the barangay and the accused did not appear in any of the proceedings.

6. Affidavit of the Brgy. Chairperson Hon. Gloria Manalo; the purpose of which is to prove the occurrence of the conciliation proceedings and the authenticity of the certificate to file action.

ISSUES

1. Whether or not the accused committed the crime charged;

2. Whether or not the accused is guilty thereof.

WITNESSES

1. Pedro Santos, to testify that physical injuries were inflicted upon him by the accused.

2. Dr. Kathleen Garcia, to prove the authenticity of the Medical Certificate issued by her.

3. Mr. Rico Manihan, to testify about Pedro Santoss absence from work five (5) days from the occurrence of the crime.

4. Hon. Gloria Manalo, to testify as to the conciliation proceedings and the authenticity of the certificate to file action.

APPLICABLE LAW

The applicable law in the instant case is the Revised Penal Code specifically Art. 266 entitled Slight Physical Injuries.

TRIAL DATES

Specfically all Fridays of the month, with the regular appearance of the undersigned city prosecutors before this Honorable Court.

RESPECTFULLY SUBMITTED

Tacloban City, Leyte, Philippines, February 9, 2015.

TACLOBAN CITY PROSECUTORS OFFICE

Kanhuraw Hills, Tacloban City Hall

Magsaysay Blvd., Tacloban City

By:

PILAR PADILLA

Assistant City Prosecutor

Roll No. 5555 / May 2, 2007

IBP No. 7777 / Dec. 29, 2007

MCLE Exempt

PTR Exempt

Copy Furnished:

ATTY. KERBY ENABORE

Counsel for Plaintiff

Justice Romuladez St.

Tacloban City

Received by: __________________

Date:________________________