Republic of the Philippines

REGIONAL TRIAL COURT

6th Judicial Region
Branch 14
(Family Court)
_____________

PEOPLE OF THE PHILIPPINES

                 Plaintiff,
                                   CRIMINAL CASE
-versus- NO. _________ For
Slight Physical Injury or
                     Maltreatment under
____________________________ Art. 266 (1) of the RPC
                 Accused.
x—————————————————-x

PRE-TRIAL BRIEF OF THE DEFENSE

ACCUSED ___________________, through the undersigned

counsel most respectfully submits this pre-trial brief.

1. SUMMARY OF ADMITTED FACTS

The accused hereby admits the following facts:

1.1 The identity of the private complainant,

___________________;

1.2 The date and place of the commission of the offense;

2. PROPOSED FACTS FOR ADMISSION AND DEFENSE

Accused respectfully proposes the following facts:

2.1 The accused together with his wife and nephew-in-law

____________ were at the sari-sari store of Melinda to watch a
basketball game;

2.2 That while at the sari-sari store, Dondon arrived alone at the
same place riding on his motorcycle and then parked his
motorcycle at a mango tree and sat near the accused;

2.3 That the accused calmly approached _______________and

asked him “Abi Don kung gapadalagan ka sang imo motor,
hinaya man kay istorbo sa gapahuway” (Please Don, when you
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 drive your motorcycle, keep it slow because it disturbs those
who are resting).

2.4 That private complainant answered the accused mockingly

which made the accused grabbed the sling bag of the private
complainant;

2.5 That the private complainant punched the accused on his chest
which made Jose, my nephew-in-law defend the accused by
punching the private complainant on his face;

2.6 The accused did not pursue the private complainant when he
ran to his motorcycle because the accused was stopped by his
wife and his nephew-in-law, Jose held his arms;

2.7 The private complainant leaned on his motorcycle which made

it
dropped to the ground causing the damage on his motorcycle;

2.8 _____________ was not present during the altercation between

the accused and the private complainant, hence he has no
knowledge on what transpired between the two;

2.9 A contraption was attached to the muffler which caused a loud,

disturbing and annoying sound;

The accused, moreover raises the following defenses:

2.10 The allegation of the private complainant was a full blatant

fabrication of facts;

2.11 The physical injury sustained by the private complainant came

from a punch of _________________and not from the accused
as alleged by the private complainant.

3. EVIDENCE FOR MARKINGS

3.1 The Counter-Affidavit of accused ____________.

Purpose: To prove that he did not punch the private
complainant that caused slight physical injury nor did he cause
any damage to the motorcycle.

3.2 The Sworn Affidavit of __________________.

Purpose: To attest that _____________ did not cause the slight
physical injury sustained by the private complainant.

3.3 The Sworn Affidavit of _______________________.

Purpose: To attest that he was present during the incident and
to prove that ________________ did not cause the slight
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 physical injury sustained by the private complainant.

4. ISSUE

4.1 WHETHER OR NOT THE ACCUSED IS GUILTY OF

THE CRIME CHARGED.

5. WITNESSES

5.1 ________________ to testify on the contents of his Counter-

Affidavit and prove that he did not commit slight physical
injury against the private complainant.
5.2 ________________ to testify on the contents of her sworn
affidavit and strengthening the claim of the accused that the
alleged slight physical injury sustained by the private
complainant was not committed by the accused.
5.3 _________________ to testify on the contents of his sworn
affidavit and strengthen the claim of the accused and to
corroborate the statements made by ___________________.

Accused reserves the right to present any and all documentary

evidence, which shall become relevant to rebut private complainant’s
claims in the course of trial as well as any other witnesses whose
testimony will become relevant to belie the prosecution’s witnesses, if
so warranted.

6. TRIAL DATES
6.1 Subject to the agreement in order to conform to the calendar of
this Honorable Court and counsels.

Respectfully submitted.

1st day of February, 2021 at Roxas City, Capiz, Philippines

____________________
Counsel for the Accused
                           Roll No. _____
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            IBP No. ______________
               PTR No. _______________
MCLE COMPLIANCE NO. VII-
0000998/4-14-2025

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________________
Branch Clerk of Court
Family Court/Branch 14
___________

Please submit the foregoing Pre-Trial Brief upon receipt for

consideration of the Honorable Court in connection with the Pre Trial set on
February 4, 2021 at 1:00 in the afternoon before the Honorable Court.
Thank you.

ATTY. ___________

Copy furnished:

PROSECUTOR ________________
Associate Provincial Prosecutor
Provincial Prosecutor’s Office
Hall of Justice, _____

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