Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

11th Judicial Region,

Digos City, Davao del Sur

THE PEOPLE OF THE PHILIPPINES Criminal Case No. 112233

Complainant, For: Reckless Imprudence

Resulting in Serious Physical Injuries

-versus-

DANILO D. DAVID,

Accused.

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PRE-TRIAL BRIEF OF THE DEFENSE

ACCUSED PRE-TRIAL BRIEF

Accused , through undersigned counsel, respectfully submits this Pre-Trial

Brief unto the Honorable Court, in compliance with the trial court’s order.
 BRIEF STATEMENT OF THE CASE

This case is for reckless imprudence resulting to serious physical injuries.

The accused pleads not guilty on the ground that he did not act negligently while
driving said vehicle on the occasion leading to the injuries sustained by the
complainant.

ADMITTED FACTS

The following are the admitted facts:

1) The identity of the accused DANILO D. DAVID in the information and that
of the person arraigned is one and the same;

2) The identity of the victim CELIO C. CHAVEZ;

3) The Court’s territorial jurisdiction relative to the offense charged;

4) The cause of the injury of the victim;

5) The date and place of the commission of the crime;

6) The genuineness and due execution of the documents.

Proposed Stipulation of Facts

Respondent requests that defendant admits the following facts:

1. That the TRAFFIC ACCIDENT REPORT is bereft of any information

showing that the accused drove the car recklessly or that there was
inexcusable lack of precaution on his part.

2. That considering the circumstances of the time and of the place where the
incident occurred, the flow of traffic thereat was relatively heavy the fact
 that Rizal Avenue is a congested street thereby making it practically
impossible to drive at high speed without bumping into other vehicles.
3. That the allegations embodied in the complaint merely contains general
averments and conclusion of facts.

Issues

1. Whether or not the accused committed the crime charged;

2. Whether or not accused was guilty thereof.

Documentary Exhibits

Exhibit I. Counter Affidavit of the Accused.

Exhibit II Blood Alcohol Result

Exhibit III. Affidavit of Dr. Amondoron

Exhibit IV. Affidavit of Honesta Mapagtanggol

List of Witnesses

1. Danilo David

2. Dr. Alexander Amondoron, M.D.

3. Honesta L. Mapagtanggol

Reservation

Accused expressly reserves the right to present such additional witnesses and
other exhibits and evidence as the exigencies of the trial may require.
 Specific Trial Dates

It is respectfully requested that the trial dates be set during the pre-trial
conference to dates most convenient to this Honorable Court and to all the parties.

MOST RESPECTFULLY SUBMITTED.

DIGOS CITY, Philippines, 27th day of April, year 2021.

Counsel for the Accused

Atty. Roxanne F. Quitayen-Lead Counsel
Atty. Ma.Hanna Louise Bonilla
Atty. Anna Maria R. Midsapak
Atty. Erwin April C. MIdsapak
Atty. Lady Ann L. Tablatin, CPA

COPY FURNISHED by Personal Service:

Counsel for the Prosecution ________________________