Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

7th Judicial Region
Branch 2
Cebu City

GENEVA F. VILLAFLORES, Criminal Case No. 32112

Plaintiff,

- versus – For: ROBBERY

RUBEN DELA CERNA,

Accused.
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PRE-TRIAL BRIEF
(For the Accused)

COMES NOW, Accused, through the undersigned counsel, unto this

Honorable Court, respectfully submits this Pre–Trial Brief as follows:

BRIEF STATEMENT OF ADMITTED FACTS

1. Accused, GENEVA F. VILLAFLORES, who was in Davao City on

January 12-18, 2021, was charged of the crime of robbery which
allegedly took place in Cebu City on January 15, 2021;

2. Accused was a very close relative and friend to Mr. RAMON DACER,
whose wedding took place on January 15, 2021 in Davao City where the
former had to be present at not only as a visitor but as the best man;

3. As proof of accused’ physical presence in Davao City on January 15,

2021, the marriage certificate of Mr. and Mrs. Dacera is presented as
evidence where the accused signed as a witness. The Philippine Airlines
round-trip plane ticket booked and confirmed on December 1, 2020 and
the two boarding passes for the flights to and from Davao City dated
January 12 and 18, 2021 are also presented as proof;

4. Several photos were also taken during the marriage ceremony which
include a photograph taken with the accused, the newly-weds, the entire
family, and the photos taken and posted in social media are corroborated
by the testimony of other attendees; 

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5.  Aside from the fact that the complaint failed to allege the address where
the crime was committed, the complaint is mainly based on the CCTV
footage where the identity of the perpetrators cannot be clearly
established. The CCTV presented as evidence was faulty, of low quality
with no audio, shows a flickering video, was only in black and white,
without night vision, which caused the video capture to deteriorate at
night. It also only showed one angle of the property where the alleged
crime was committed; 

6.  The CCTV presented, while it showed the movement of the perpetrators

on the date and time of the commission of the robbery, failed to
positively identify the accused as one of the persons shown in the
footage;

7. The CCTV further showed that the caretaker assigned during the time of
the commission of the crime was sitting on a chair in his assigned post by
the entrance with his arms crossed and head bowed while the alleged
robbery was conducted, which clearly showed that he was sleeping and
could not have witnessed the robbery incident.

PROPOSED STIPULATIONS OF FACTS AND

CIRCUMSTANCES

1. The following are the admitted facts:

a. The identity and personal circumstances of the complainant,
Geneva Villaflores; and,
b. Such facts stated in the Courter-Affidavit.
2. Subject to a concrete proposal for stipulation of additional facts from
Plaintiff during pre-trial or even thereafter, Accused admits no other
facts stated in the Complaint-Affidavit.

ISSUES TO BE RESOLVED

I. The factual issues to be resolved are as follows:

a. Whether or not the CCTV footage clearly positively identifies
the accused on the alleged date when the robbery occurred;
b. Whether or not the accused was really the person identified by
the Caretaker Rosana Alano on the date of the incident;
c. Whether or not the accused was physically in Davao City on
January 12-18, 2021 while the robbery took place on January
15, 2021 in Cebu City.

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 II. The legal issues to be resolves are as follows:
a. Whether or not the CCTV footage clearly establishes the
participation of the accused in the robbery which took place on
January 15, 2021;
b. Whether or not there is doubt as to the identification by the
main witness of the identity of the accused as the person who
committed the crime of robbery on January 15, 2021;
c. Whether or not it was physically and factually impossible for
the accused to have committed the alleged robbery on January
15, 2021 which occurred in Cebu while the accused was in
Davao City.

DOCUMENTARY EXHIBITS TO BE PRESENTED

Exhibit 1 – Certified true copy of the Philippine Airlines

round-trip Cebu City – Davao City plane ticket
booked and confirmed on December 1, 2021
showing the Cebu City departure date as January
12, 2021 and the Davao City departure date as
January 18, 2021 of passenger Ruben Dela Cerna.
Exhibit 2 Certified true copy of the Marriage Certificate of
the wedding held on January 15, 2021 where
accused Ruben Dela Cerna attended and
participated as the groom’s best man;
Exhibit 3 Certified true copy of the departure boarding
passes of the accused on January 12, 2021 and
January 18, 2021 from Cebu City and Davao City
International Airports, respectively;
Exhibit 4 Photos taken during the marriage ceremony held
on January 15, 2021 at Davao City.
Accused reserves the right to present other documentary evidence as
may be deemed necessary during the marking of exhibits or during
submission of Position Paper.

WITNESSES TO BE PRESENTED
Accused intends to present the Judicial Affidavit of Mr. Ramon
Dacer, the purpose of which is to show proof that the Accused was
physically present in Davao City on January 15, 2021, billeted in the
Waterfront Insular Hotel where the groom was staying, for the latter’s
wedding ceremony, and that the accused was physically in Davao on
January 12 – 18, 2021 staying with him to fulfill the accused’ obligations as
the groom’s best man before and after the wedding ceremony.

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 Defendant further reserves the right to present other witnesses as may
be deemed necessary.

APPLICABLE LAWS AND JURISPRUDENCE

1. In People of the Philippines vs. Rogelio Ramos and Marissa Intero

Ramos, G.R. No. 190240, July 24, 2013, it was ruled, viz: “for the
defense of alibi to prosper, "the accused must prove (a) that she was
present at another place at the time of the perpetration of the crime,
and (b) that it was physically impossible for her to be at the scene of
the crime" during its commission. "Physical impossibility refers to
distance and the facility of access between the crime scene and the
location of the accused when the crime was committed. She must
demonstrate that she was so far away and could not have been
physically present at the crime scene and its immediate vicinity when
the crime was committed."

2. Moreover , in the case of People of the Philippines vs. King Rex A.

Ambatang, G.R. No. 205855, March 29, 2017, the Supreme Court
noted that for the defense of alibi to prosper, the accused must prove
not only that he was at some other place at the time of the commission
of the crime but also that it was physically impossible for him to be at
the locus delicti or within its immediate vicinity. The excuse must be
so airtight that it would admit of no exception. Where there is the least
possibility of accused-appellant's presence at the crime scene, as in
this case, the alibi will not hold water.

3. Other applicable laws, and jurisprudence issued by Supreme Court.

April 12, 2021. Cebu City.

Respectfully submitted:

ATTY. NAIROBI MAPAGMAHAL

Counsel for Accused
Roll No. 1237654
PTR No. 9876542 Issued on January 15, 2021, Cebu City
IBP No. 676722 Issued on January 16, 2020, Cebu City
MCLE Ex. No. 4324-73647236 3rd Compliance Valid until April 15, 2021
123 M.G. Cuenco, Banilad, Cebu City
Tel No.: (032) 345 – 6789

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Copy Furnished:

ATTY. HELSINKI CRUZ

Room 202, Bonifacio Bldg., Tisa, Cebu City, 6000 Cebu
Mobile Number: 09177565150
Roll of Attorney No. 88128 dated April 2019
IBP Member No. 82388 – Cebu
PTR No. 8834888 – January 5, 2022 – Cebu City
MCLE Compliance No. VI-00340000, valid until April 17, 2022