Republic of the Philippines

National Capital Judicial Region

Regional Trial Court
Quezon City
Branch 55

PEOPLE OF THE PHILIPPINES

Complainant,

For: Frustrated Homicide

-versus- Article 249 of the
Revised Penal Code

CICL XXX
Respondent.
x--------------------------------------------------x

PRE-TRIAL BRIEF OF THE DEFENSE

DEFENDANT, through Counsel and unto this Honorable Court, respectfully

submits this pre-trial brief dated April 23, 2022.

I. SUMMARY OF ADMITTED FACTS, PROPOSED STIPULATION OF

FACTS AND DEFENSES

The defendant hereby admits the following facts:

I.1. Defendant admits only those facts stated in his Answer, and his
personal circumstances.

Furthermore, defendant respectfully proposes the following facts:

I.2. Defendant, CICL XXX and his family while having a

celebration for the New Year at their residence in WWW,
Quezon City at around 2:00 in the morning of January 1, 2010,
heard a commotion outside and were told that there was a
mauling incident happening;
I.3. His mother, YYY went out first and then he followed together
with his siblings and visitors to the corner of Cotabato Street;
I.4. CICL XXX saw Redoquerio and De los Santos mauling Narag,
thereafter, De los Santos ran away while Narag boxed
Redoquerio who fell on his back;
I.5. He did not know what happened next because his mother,
YYY already called for him and they went home;
I.6. They were surprised when the barangay authorities called
them, and implicated him for the mauling of Redoquerio.
 The defendant, moreover, raises the following defenses:

I.7. The implication of CICL XXX on the case of mauling was due
to mistaken identity and that, Redoquerio did not really know
who mauled him;

I.8. The defendant categorically denies all the allegations imputed

against him and interposed a defense of exempting
circumstance in connection with his minority.

II. EVIDENCE FOR MARKINGS

II.1 CCTV Footage last January 1, 2010 with time frame from
12:30 AM to 2:00 AM taken at the post of the corner of
Cotabato Street.
Purpose: To prove the defendants non-participation in the crime
imputed against him.

II.2 The Sworn Affidavit of Jayjay Narag.

Purpose: To attest that, De los Santos and Redoquerio mauled him
first and he was the one who boxed Redoquerio to defend
himself.

III. ISSUE

III.1 Whether CICL XXX be held liable for the crime of Frustrated
Homicide despite the exempting circumstance of minority.

IV. WITNESSES

IV.1 Agent Jose Rentoria of the Anti-Cybercrime Unit to attest to

the authenticity of the CCTV footage.
IV.2 Jayjay Narag to testify on the contents of his Sworn Affidavit,
and strengthen the defendant’s claim of non-participation in
the alleged crime.

V. RESORT TO DISCOVERY

V.1 Considering the complexity of the issue and the personal

circumstance of the defendant who is a minor, defendant
reserves the right to resort to discovery before trial.

VI. TRIAL DATES

Specifically all Wednesdays of the month with the regular appearance of the
undersigned Counsel before this Honorable Court.

RESPECTFULLY SUBMITTED
Quezon City, Philippines, April 23, 2022
 Michelle C. Llaneta-Villamora
PTR No. 5240324, March 24, 2021, Quezon City
IBP Lifetime No. 270427, March 27, 2021, Quezon City
MCLE Compliance No. V-240324 valid until December 31, 2024
Roll No. 03061
E-mail: michellevillamora@gmail.com

Copy Furnished:

Amber Reodique
Assistant City Prosecutor
Office of the City Prosecutor
Quezon City