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Republic of the Philippines

Eighth Judicial Region


MUNICIPAL TRIAL COURT IN CITIES
Branch 1
Tacloban City
PEOPLE OF THE PHILIPPINES
123
Plaintif
Injuries

Criminal Case No.


For: Slight Physical

-versusJUAN DE LA CRUZ
Accused
x---------------------------------------------x
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 sufered 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 sufered 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 Plaintif
Justice Romuladez St.
Tacloban City

Received by: __________________


Date:________________________