Republic of the Philippines

Department of Justice
Fifth Judicial Region
Branch 52
Sorsogon City

PEOPLE OF THE PHILIPPINES,

Complainant,
Criminal Case No. 21-1234
-versus- For: Rape

PEDRO E. DIMAGIBA,
Accused.
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PRE-TRIAL BRIEF
THE PEOPLE OF THE PHILIPPINES, thru the undersigned Public
Prosecutor, unto this Honorable Court, respectfully state that:

1. FACTS FOR ADMISSION, AGREEMENT OR STIPULATION

a. That on 05 March 2021, at around 9:00 in the evening, Accused
Pedro Dimagiba followed the victim, Juana A. Dela Cruz, on her
way home;
b. That Accused grabbed the victim and touched her against her
will. He held her against the seawall and choked her;
c. That the Accused commanded the victim to lower her pants but
when the latter resisted he tightened his grip on the victim’s neck;
d. As the victim was afraid that Accused would kill him, she obeyed
to lower her pants. Thereafter, the Accused had carnal knowledge
with the victim against her will; and
e. That the Accused threatened to kill the victim should she tell
anyone about the said incident.

2. ISSUES TO BE TRIED
a. Whether or not Accused is guilty of the crime of rape?

b. Whether or not the testimonies and evidence presented are

sufficient to convict the Accused for the crime of rape?

3. LIST OF DOCUMENTARY EVIDENCE

Exhibit “A” – Police Blotter, dated 12 March 2021;

Purpose: To show that the victim, together with her mother, reported the
incident to the police;

Exhibit “B” – Medico-Legal Report

Purpose: To prove that a medical examination was conducted on the victim
and that there is a finding of hymenal lacerations on the victim indicating forced
penetration;

Exhibit “C” – Judicial Affidavit of JUANA A. DELA CRUZ, dated 25

March 2021;

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 Purpose: To prove and afford the details regarding the complained rape
incident.

4. WITNESSES

JUANA A. DELA CRUZ: To testify on the facts and details regarding the
alleged rape incident last 05 March 2021; and

DR. ANA L. SANTOS: To identify the medico-legal report submitted as well

as explain the findings therein.

5. APPLICABLE LAWS AND JURISPRUDENCE

The Revised Penal Code and Republic Act No. 8353, and such other
laws and jurisprudence as may be applicable to the instant case.

6. AVAILABLE TRIAL DATES

As the calendar of the Honorable Court would allow.

Respectfully submitted. 07 April 2021. Sorsogon City.

FAITH TIANCO MARBELLA

Public Prosecutor
Roll No. 74966/05-7-1997
IBP No. 218483/01-13-2021/Manila
PTR No. 8875348/01-06-21/Sor. City
MCLE Compliance No. VII-0039992/12-12-20
#140 Brgy. Caricaran, Bacon District
Sorsogon City
Copy furnished:
ATTY. JUAN M. RAMOS
C. Building, Magsaysay St.
Sorsogon City

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