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REPUBLIC OF THE PHILIPPINES

FIRST JUDICIAL REGION


REGIONAL TRIAL COURT
BRANCH 03
DUMAGUETE, NEGROS ORIENTAL

PEOPLE OF THE PHILIPPINES,


NO. 8722 - 08
Plaintif,
IMPRUDENCE WITH HOMICIDE
- versus JUAN DELA CRUZ, PEDRO PENDUCO,
AND PABLO PANDAY,
Accused.
x-----------------------------------------------x

CRIMINAL CASE
FOR: RECKLESS

PRE-TRIAL BRIEF FOR THE PLAINTIFF


ACCUSED, through the undersigned prosecutor, unto this Honorable Court, most
respectfully submit this Pre-Trial Brief, and hereby alleges by way of:

PLEA BARGAINING
The Prosecution and the complainant will not entertain plea bargaining that may be
proposed by the defense.

PROPOSED STIPULATION OF FACTS


1. That the complainant, Mario Makiling, 43 years old, married, works as an
Algebra professor at Negros Oriental Seaside University (NORSU) for 12
years;
2. That the accused, Maria Makiling, Juan Dela Cruz, Pedro Penduco, and Pablo
Panday, all 18 years old, single, students of Negros Oriental Seaside
University (NORSU);
3. That Maria Makiling is the girlfriend of Pablo Panday for one (1) month, and
the daughter of Mario Makiling;
4. That the accused were absent for five (4) consecutive classes on Algebra,
dated August 5, 7, 9, 12, 2012, with Algebra classes on Mondays,
Wednesdays, and Fridays;

5. That on August 14, 2012 at around 4:00 in the afternoon, Mr. Makiling asked
for their excuse letters and exam permits as that was their midterm exam
day;
6. That on the exam day, the accused have not produced both excuse letters
and examination permits, and they were sent to the principals office as
accompanied by the complainant Mario Makiling, and that the accused were
sent home;
7. That on August 16, 2012 around 7:00 in the morning, Pablo Panday went to
fetch Maria Makiling at the Makilings residence to drive her to her morning
classes;
8. That on August 16, 2012, the accused and Maria Makiling were absent from
their Algebra class;
9. That in the evening of August 16, 2012, the accused and Maria Makiling went
to a fraternity party at the house of Juan dela Cruz;
10.That the accused Pablo Panday drove his car after the party around 11:00 in
the evening together with Juan dela Cruz, Pedro Penduco and dropping off
Maria Makiling two (2) blocks away from her house at 143 Baguio St., Seaside
Heights Village, Dumaguete City;
11.That the accused Pablo Panday, Juan dela Cruz and Pedro Penduco agreed to
drive around the neighborhood of Maria Makiling at 11:00 in the evening with
headlights off;
12.That around11:30 in the same evening of August 16, 2012, Maria Makiling
was rushed to Negros Oriental Seaside Hospital for loss of consciousness, and
the accused Juan dela Cruz and Pedro Penduco were with Maria Makiling at
the hospital;
13.That Maria Makiling was unconscious since August 16, 2012 up to her death
on September 5, 2012.

ISSUE:
Whether or not the accused are guilty beyond reasonable doubt of the crime
charged in the complaint or information.

DOCUMENTARY AND OBJECT EVIDENCE:


The Prosecution will present the following:
EXHIBI
T
A

DOCUMENT / OBJECT
MEDICO LEGAL REPORT

PURPOSE
To prove the extent and impact of the
physical injuries leading to the death of
Maria Makiling.

WITNESSES
NAMES
1. Mario Makiling

DESIGNATION
Complainant / Father of
Victim

PURPOSE
To identify and establish
the relationship of his
daughter and the Pablo
Panday, as well as the
Juan dela Cruz and Pedro
Penduco.

2. Pido Dido

Neighbor of the Victim and


Resident of Seaside
Heights Village
Co accused / Friend of
Pablo Panday

To testify to the events he


witnessed.

3. Juan dela Cruz

4. SPO1 Nharra
Molave

Police officer / investigator

5. Dr. LB Reyes

Emergency Physician

6. Dr. De Leon

Neurologist

To testify on the events


that happened leading to
the loss of consciousness
of Maria Makiling.
To further testify on the
strained relationship
between Pablo Panday and
Maria Makiling, and
among the three accused
against Mr. Mario Makiling
(their professor who
flunked them).
To testify to the
circumstances together
with her expertise on the
events of the case.
To testify and explain the
physicial injuries suffered
by the victim.
To testify and explain the
condition of the victim
while in the hospital until
her death.

The Prosecution reserves the witnesses as the need arises.

RESPECTFULLY SUBMITTED.
Dumaguete City, Philippines, September 30, 2012
City Prosecutor
Asst. Prosecutor

Copy Furnished:
Pablo Panday
11 Lower Bagacay
Dumaguete City
Juan dela Cruz
177 ABC St.,
Dumaguete City
Pedro Penduco
03 Drive Through Apt.,
Dumaguete City

Atty. Justicio Batombacal


Atty. Caridad Batombacal
BATOMBACAL AND ASSOCIATES
1st Floor Triple Arcade Plaza
Dumaguete City, Philippines
Counsel for accused Pablo Panday, Juan dela Cruz, and Pedro Penduco

Received by

: ______________________________
( Signature over Printed Name )

Date/Time Received
Ref. Code

______________________________
:

Pre-Trial Brief
CC 8722 - 08/P vs. Panday