REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL REGION
COURT OF FIRST INSTANCE
QUEZON CITY

THE PEOPLE OF THE PHILIPPINES,

Complainant,
-versus-
CRIMINAL CASE NO. 4321
JAIME JOSE Y GOMEZ, BASILIO
PINEDA, JR. Alias "BOY," EDUARDO
AQUINO Y PAYUMO alias "EDDIE"
and ROGELIO CAÑAL Y SEVILLA alias
"ROGER," as principals, WONG LAY
PUENG, SILVERIO GUANZON Y
ROMERO and JESSIE GUION Y
ENVOLTARIO
Accused.
x- - - - - - - - - - - - - - - - - - - - - - - - x

PRE-TRIAL BRIEF

Present in today's preliminary conference were the Public Prosecutor, prosecution

witnesses Magdalena "Maggie" de la Riva, Mameng, Dela Riva's household maid and
Personal Assistant, (google), Pat. Pablo Pascual, (the police officer who had been sent by
the desk officer), the seven (7) (Principal + accomplice) accused and their counsels..

Taken were the following matters, viz:

I. EXHIBITS MARKED

A. PROSECUTION

Exhibit “A” - Sworn statement of Magdalena “Maggie” dela Riva consisting of

2 pages;
Exhibit “A-1” - Second page thereof;
Exhibit “A-2” - Signature of Magdalena “Maggie” dela Riva ;
Exhibit “B” - Sworn statement of Mameng consisting of 2 pages;
Exhibit “B-1” - Second page thereof;
Exhibit “B-2” - Signature of Mameng
Exhibit “C” - Medico-Legal Report No. BA 1967-415;
Exhibit “D”to “D-6” – Pictures appearing on pages 9-13 of the
records;
Exhibit “E” to “E-7”
Exhibit “F” -

The Public Prosecutor reserved his right to mark other exhibits necessary during
the course of the trial.

B. DEFENSE

Exhibit “1” – Kontra Sinumpaang Salaysay of Jaime Jose y Gomez

Exhibit “1-a” – Signature of accused Jamie Jose
Exhibit “2” -
Exhibit “2-a” -
Exhibit
II. WITNESSES

A. PROSECUTION

1. Magdalena “Maggie” dela Riva - to prove the material allegations

contained in the criminal
Information against the accused in
this case;
2. Mameng - to prove the material allegations
contained in the criminal
Information against the accused in
this case;

3. Dr. Ernesto Brion - to prove that he examined the complainant

on June 29, 1967 and that

The Public Prosecutor reserved his right to present other witnesses including the
person who took the photos already marked as Exhibits “E”- “E-7” as found on pages 9-
13 of the records.*** (isip na kayo how)

B. DEFENSE

1. Accused - to prove the innocence of the

accused; to contradict and refute the
material allegation in the Information;
and to contradict and refute the
testimonies and statements of the
prosecution witnesses;

The counsel for the accused reserved the right to present additional witnesses
during the course of the trial for good cause shown.

III. STIPULATION OF FACTS

PROSECUTION

1. Due execution, existence and authenticity of all the documentary exhibits marked
by the prosecution;
2. The defense counsel admitted the due execution, existence and authenticity of all
the documentary exhibits marked by the prosecution;
3. That on June 26, 1967, all the accused were residents of ----------;
4. Admitted by the defense.
5. That the case against them was filed on the basis of the preliminary investigation
conducted by the Prosecutor's Office of Quezon City;
6. Admitted by the defense.
7. That the case was filed before this Court on -----------;
8. Admitted by the defense.
9. That after the case was raffled off to this Honorable Court, a warrant of arrest was
issued by this Honorable Court against the accused on ---------;
10. Admitted by the defense.
11.

DEFENSE

1.
IV. ISSUES

FACTUAL

PROSECUTION and DEFENSE

Whether or not on the 26th day of June, 1967, in Quezon City, and within the
jurisdiction of this Honorable Court, the above-named principal accused, conspiring
together, confederating with and mutually helping one another, did, then and there,
wilfully, unlawfully and feloniously, with lewd design, forcibly abduct the undersigned
complainant against her will, and did, then and there take her, pursuant to their common
criminal design, to the Swanky Hotel in Pasay City, where each of the four (4) accused,
by means of force and intimidation, and with the use of a deadly weapon, have carnal
knowledge of the undersigned complainant against her will, to her damage and prejudice
in such amount as may be awarded to her under the provisions of the civil code.

That WONG LAY PUENG, SILVERIO GUANZON y ROMERO, and JESSIE

GUION y ENVOLTARIO without taking a direct part in the execution of the offense
either by forcing, inducing the principal accused to execute, or cooperating in its
execution by an indispensable act, did, then and there cooperate in the execution of the
offense by previous or simultaneous acts, that is, by cooperating, aiding, abetting and
permitting the principal accused in sequestering the undersigned complainant in one of
the rooms of the Swanky Hotel then under the control of the accused Wong Lay Pueng,
Silverio Guanzon y Romero and Jessie Guion y Envoltario, thus supplying material and
moral aid in the consummation of the offense.

LEGAL

PROSECUTION and DEFENSE

Whether or not accused JAIME JOSE Y GOMEZ, BASILIO PINEDA, JR. Alias
"BOY," EDUARDO AQUINO Y PAYUMO alias "EDDIE" and ROGELIO CAÑAL Y
SEVILLA alias "ROGER," as principals, WONG LAY PUENG, SILVERIO GUANZON
Y ROMERO and JESSIE GUION Y ENVOLTARIO as accomplices, committed the
crime of Forcible Abduction with rape, under Criminal Case No. *****

V. OTHER MATTERS

There being no other matters to take up, the preliminary conference was
terminated and the pre-trial conference is set on ******* at 8:30 in the morning.

Respectfully submitted.

Balayan, Batangas, *************