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Republic of the Philippines

Regional Trial Court


11th Judicial Region
Branch 16
Davao City
THE PEOPLE OF THE
PHILIPPINES
Complainant,

Criminal Case No. 34356

-versus-

FOR: RAPE

Arthur Sanggalang
Accused,
x---------------------------------------------x

PRE-TRIAL BRIEF OF THE PROSECUTION


THE PEOPLE OF THE PHILIPPINES, through the undersigned
Prosecutors, most respectfully submits this Pre-trial Brief and states the following:
SUMMARY OF ADMITTED FACTS AND
PROPOSED STIPULATION OF FACTS
1. That the private complainant Maine F. Gonzales is of legal age, single and a
resident of Sparrow St., Ecoland Davao City;
2. That they personally know each other since they are officemates at an
outsourcing company called TEXTBOX located at Damosa Lanang Davao
City;
3. That they are former sweethearts for two years until they parted ways;
4. That on December 18, 2014 their company had a Christmas party held at
club violet along Claveria St., Davao City;

5. That the complainant was present at that time along with her friends in one
table, while the accused was on the other table together with his friends;
6. That at around 10:30 in the evening, the complainant is already dizzy
considering that they already consumed three (3) buckets of red horse
stallion;
7. That when the party was about to end at on or about 12:30 oclock in the
morning of December 19, 2014, the accused approached the complainant
and offer to take home the complainant;
8. That at around 1:10 A.M , the Accused accompanied the complainant who is
about to lost her consciousness and rode a cab;
9. That when the complainant regain his consciousness, the accused was
already on the top of her, after being realized the complainant strongly
resisted and tries to let go of her wrist so that she can pushed the accused
away from her body but she was so helpless to do so because of accused
superior strength;
10. That the accused despite the constant refusal of the complainant,
successfully raped her, by pinning down the hands of the complainant and
inserted his penis in her vagina and did the push and pull motion;
11.That the crime was committed in Lavida George Inn, Ecoland, Davao City;
12.That after the accused finished his bestial acts against the complainant he
threatened the complaint not to tell anybody of what had happen between
them otherwise something bad will happen to the complainant as he
presented to her, her naked photos;
13.That after the incident the accused drove the complainant home, who still
shock of the incident;
14.That when the complainant arrived at home she told her mother emotionally
about the incident;
15.That after telling the complainant to her parents about the incident they
decided to report it to the authorities and went to Talomo Police Precent
about the incident.

16.That complainant was directly brought to Southern Philippines Medical


Center (SPMC) where she was physically examined.
ISSUES TO BE TRIED
1. Whether or not complainant Maine F. Gonzales has been raped by the
accused Arthur Sanggalang?
2. Whether or not the testimony of the victim Maine F. Gonzales was
corroborated by testimony of the witness and strengthened by the findings of
the expert witness is sufficient to convict the accused for the crime of rape?
APPLICABLE LAWS AND JURISPRUDENCE
1. Act No. 3815 known as the Revised Penal Code
2. Republic Act No. 8353 otherwise known as the Rape Law of 1997
3. Revised Rules of Evidence
4. Jurisprudence laid down by the Supreme Court on RAPE
Complainant respectfully reserves the right to cite applicable laws and
jurisprudence as the case progresses.
DOCUMENTS TO BE PRESENTED
1. Information------------------------------------------Exhibit A
(This is a sworn, written accusation of a crime to prove the facts of the raped incident
that transpired at Lavida George Inn, Ecoland, Davao city)

2. Joint Affidavit of the Witness --------------------Exhibit C


(This is a sworn statements of Anne Kurtish, Maja Salvarro and Sarah Peronimo to
prove the raped incident that transpired at in Lavida George Inn, Ecoland, Davao city)

3. Medical Certificate----------------------------------Exhibit F

(This medical certificate is issued by Dr. Constantino of Southern Philippine Medical


Center (SPMC) after conducting a medical examination of the victim. This medical certificate
shows that Maine F.Gonzales has hymenal lacerations which tend to show that she has been
forced to have sexual intercourse with the accused).
4. Police Blotter------------------------------------------------Exhibit G
(Details such as name, age, and address of the suspect/person arrested, time and place of an
incident, name of the officer who responded to the incident and name of the victim /complaining
person).

WITNESSES TO BE PRENTED
1 Maine F. Gonzales her testimony will provide for the facts of the alleged rape
incident. She will detail to the court what really transpired on December 19, 2014.
2 Dr. Anne Constantino she will identify to the court the medical certificate
submitted by the complainant.

TRIAL DATES
Specifically all Fridays of the month, with the regular appearance
of the undersigned city prosecutors before this Honorable Court.
RESPECTFULLY SUBMITTED. August 2, 2015, Davao City, Philippines.

DAVAO CITY PROSECUTORSS OFFICE


Hall of Justice, Ecoland
Davao City
By:
PROS. AIMEE AGBAYANI
Asst. City Prosecutor
Roll of Attorneys No. 62028
IBP No. 976893/ Davao City/January 2, 2015
MCLE Exempt
PTR Exempt

And
ATTY. GIAN ESPINA
Private Prosecutor
Roll of Attorneys No. 62042
IBP No. 976893/ Davao City/January 2, 2014
MCLE Exempt
PTR Exempt

Copy furnished:
ATTY.HASNIA BASMAN
Counsel for the Accused
Room 200,Candelaria st Davao city.
Received by:___________
Date: ___________