Republic of the Philippines

METROPOLITAN TRIAL COURT

Apprenticeship 2
BRANCH __
City of Manila

PEOPLE OF THE PHILIPPINES,

Plaintiff.

- versus - CRIM. CASE No. 20-12345

For: Reckless Imprudence
resulting in Damage to
Property

ROMMEL POLICARPIO y Mendoza,

Accused.
x---------------------------------------x

PRELIMINARY CONFERENCE BRIEF

FOR THE DEFENSE

Accused ROMMEL POLICARPIO y Mendoza, by

counsel, respectfully submits this PRELIMINARY
CONFERENCE BRIEF, containing the following matters:

I. WILLINGNESS TO ENTER INTO AGREEMENTS

Accused is willing to enter into a just and reasonable

settlement of the case, and to resort to alternative modes of
dispute resolution on matters allowed by law to be the subject
of a compromise agreement.

II. ADMISSIONS OF FACT

Accused admits only those facts stated in its Counter-

Affidavit.

III. PROPOSED STIPULATION OF FACTS

1. The identity of the parties as private complainant and

accused;
2. The territorial jurisdiction of the court;
3. The identity of the accused Rommel Policarpio y
Mendoza;
4. That the Isuzu aluminum van with Plate No. PFA-313 is
owned by Davao Industries Inc. as evidenced by the
vehicle’s Certificate of Registration;
 5. That the repairs for the damage incurred by the Jitney
only amounts to TWO THOUSAND PESOS (Php2,000.00);
6. That the Traffic Investigation Report was made by the
Traffic Investigator who arrived after only the actual
accident and therefore has no personal knowledge of the
facts;
7. That the jitney was moving prior to the collision and
made a sudden stop which caused the van to bump into
its rear;

IV. ISSUE TO BE RESOLVED

Whether or not the accused is guilty of Reckless

Imprudence resulting in Damage to Property, as defined under
Article 365 of the Revised Penal Code, as amended

V. DOCUMENTS TO BE PRESENTED

DOCUMENTS EXHIBIT PURPOSE

Driver’s License of
1
Rommel Policarpio y To prove the identity of the accused
Mendoza
Sworn statement of
To prove the positions of the vehicles
Rommel Policarpio y 2
immediately after the accident
Mendoza
Sworn statement of To prove that the private complainant
Rommel Policarpio y 3 was in a full stop before the accused
Mendoza bumped into the jitney’s rear portion
1. To prove the actual damages
Two (2) photographs 4 resulting from the accident.
taken of the van 2. To prove that the van also incurred
4-A damage from the collision.
Official Receipt of 1. To prove that the van is registered.
5
registration of the van
2. To prove that the Isuzu aluminum
Certificate of van with Plate No. PFA-313 is owned
5-A
Registration of the van by Davao Industries Inc.

VI. WITNESSES TO BE PRESENTED

The defense will be presenting the following witnesses, to

prove the circumstances surrounding the accident:

1. Rommel Policarpio y Mendoza (Accused)

2. Johnny Sta. Ana (Estimator – owner of other motorshop)
 VII. APPLICABLE LAWS

1. Art. 365 of the Revised Penal Code, as amended;

2. Act 4136 a.k.a. Motor Vehicle Law;
3. Arts. 2214 of the New Civil Code of the Philippines.

VIII. RESERVATION

Accused respectfully reserves the right to present other

documents or evidence in addition to, or in substitution of,
those mentioned should the need therefor arise; and/or
propose other issues as the exigencies of trial may demand;
and/or rely on such other laws and jurisprudence as may be
necessary to prove that alleged crime has been committed.

IX. AVAILABLE TRIAL DATES

Accused will be available for trial on dates convenient to

the Honorable Court and the other party.

Respectfully submitted.

Manila City, December 2, 2004.

Atty. Ma. Elisa Sempio-Diy

Counsel for the Accused
PAO, Manila

Copy furnished:

Amado Lansang

Ma. Filomena Paulite