Republic of the Philippines

Regional Trial Court of Misamis Oriental

10th Judicial Region
Branch 19
City of Cagayan de Oro

PEOPLE OF THE PHILIPPINES, R-CDO-21-02884

Plaintiff,
-versus- FOR:

RYAN ALVIRO y YAPE, VIOL. OF SEC. 5€

Accused. (2) OF R.A. NO. 9262
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PRE-TRIAL BRIEF

ACCUSED, through the undersigned counsel, before this Honorable Court,

most respectfully submit this Pre-Trial Brief:

SUMMARY OF ADMITTED FACTS

AND PROPOSED STIPULATION OF FACTS

The accused hereby admits the following facts:

1. The identities of those charged in the information and that of the persons
arraigned are one and the same.
2. The accused is married to the complainant.
3. Accused has a son with the private complainant.
4. Gaylore Alviro is accused’s child.
5. Gaylor Alviro was born on October 13, 2013.
6. Accused executed the Affidavit of Undertaking dated May 12,2017, obliging
himself to provide P8,000 in cash or in goods every month which shall be
given every 30th of each and every month or to give P2,000 every weekend,
provided, that the Affidavit of Undertaking was executed at the time Ryan Y.
Alviro is still working in the mining.
7. Complainant was assisted by PAO in filing the complaint against the
Accused.

The accused hereby proposes the following facts:

1. Xxxx;
2. Xxxx;
3. Xxxx;
4. Xxxxx;

Furthermore, the accused respectfully proposes the following facts:

1. The accused, on signing the Affidavit of Undertaking on May 12, 2017, is still
gainfully employed in the mining;
2. The accused, after having executed the Affidavit of Undertaking on May 12,
2017, continues to live with the accused and still provides supports the family;
3. At the time of the filing of this case the accused is still unemployed; and
4. At the time the accused was arrested, he was on the process of acquiring
police clearance for employment purposes.

EVIDENCE FOR MARKINGS

1. Affidavit of accused, RYAN Y. ALVIRO.

Purpose: to prove that he is the accused in this case and that he is not
financially capable of supporting his family and will further testify on other
allied matters relevant to this case. ;

2. Affidavit of SUGAR RAY VALERO.

Purpose: to prove that they were at the place where the crime was committed
but have no participation thereof;

3. Letter from M3R Prime Corporation Employment Agency

Purpose: To prove that at the time the accused, Ryan Y. Alviro, was arrested,
he has already passed through the exam and final interview for purposes of
employment ;

FACTUAL ISSUE

1. Whether or not from September 2020 to present, at Cagayan de Oro City,

accused, having the means and capacity to give financial support, with
deliberate intent, did commit acts of economic abuse against his wife Dianeve
 Alviro by depriving and denying financial support and neglecting to give her
and their child Gayelore Alviro sufficient financial support.
LEGAL ISSUES

1. Whether or not Accused violated Section 5e of RA 9262 in relation to Sec 6

of RA 9262.

WITNESSES

1. Accused RYAN Y. ALVIRO to testify his financial capacity and other allied
matters;

2.Witness SUGAR RAY VALERO, to testify to the financial incapacity of

RYAN Y. VALERO.

TRIAL DATES

Specifically, all Fridays of the month, with the regular appearance of the
undersigned counsels before this Honorable Court.
RESPECTFULLY SUBMITTED.

THE LAW OFFICE OF GAABUCAYAN AND PARTNERS

RN Abejuela Street, Cagayan de Oro City.

By:

ATTY. JASPER P. ALON

Counsel for the Defense
Roll of Attorneys No. 76102; 05-04-2022
MCLE Compliance – Exempt (Admitted to the Bar in 2022)
IBP No. 211914; 05-17-22; Misamis Oriental-CDOC
PTR No. 5331024; 06-07-22; Cagayan de Oro City
TIN No. 457114646;05-03-14;Cagayan de Oro City

Copy furnished:

Prosecutor Louie L. Borja

Prosecutor Mylene Geroy