Republic of the Philippines

REGIONAL TRIAL COURT

SECOND JUDICIAL REGION
BRANCH 6
Province of Cagayan

PEOPLE OF THE PHILIPPINES,

Plaintiff,
-versus- CRIMINAL CASE NO:
2022-111123
ELMER SANTOS Y DURAN, For: Parricide
Accused.

x-------------------------------------- x

PRE-TRIAL ORDER

A. STATEMENT OF THE CASE

The People of the Philippines accused Elmer Santos y Duran

for Parricide under Article 246 of the Revised Penal Code,
committed as follows:

“That on or about the 6th day of September 2022,

or thereabout, at #68 Dupaya St., Bagumbayan,
Lal-lo, Cagayan, Philippines and within the
jurisdiction of this Honorable court, the
above-named accused Elmer Duran Santos, with
the intent to kill, willfully, unlawfully, and feloniously
attack and stab his legitimate spouse, Marinette
Cruz Santos, 26 times with an ice pick then hacked
the left clavicle area with a bolo, thereby inflicting
upon the latter, mortal wounds on the chest and the
left clavicle that caused Marinette Cruz Santos’
instantaneous death.”

B. PROPOSED STIPULATIONS
1. The Court has jurisdiction over the offense charged;
2. The identity of the person charged in the information and
that the person arraigned are one and the same;
3. The date and time of the arrest of the accused on 06
September 2022;
4. That Dr. George Jimenez Gonzales was the medico-legal
officer that examined the cadaver of the victim and signed
the medico-legal report dated 06 September 2022;

Page 1 of 5
 5. The existence of a marriage certificate between Elmer
Santos and Marinette Santos; and,
6. That it was mentioned in the counter affidavit of Elmer
Santos, specifically page 3, par. 5.4 .. “but I was so out of
bed, but the sunlight, was already dwindling when I
stumble and fell on the ground..”

C. ISSUES TO BE RESOLVED

1. Whether or not the accused is guilty beyond reasonable

doubt of the offense charged.
2. Whether or not the accused is civilly liable for damages.
3. Whether or not the accused and the victim are husband
and wife.
4. Whether or not the accused is validly arrested.
5. Whether or not it is a case of Parricide.

D. WITNESSES TO BE PRESENTED:

For the Prosecution:

1. Mario Olayan (Most important witness);
2. POI Jasper Navarro (Most important witness);
3. Justin Salazar
4. Bernadette Lacsamana;
5. Jonathan Santos;
6. Joselito Ferrer;
7. Conrado Domingo;
8. Medico-legal officers (Reserved); and,
9. Jenica Villar Cruz (Reserved).

For the Defense:

1. Elmer Santos, accused (Most important witness);
2. Benedict Sales (Reserved) (Most important witness);
3. Gaile Dimagiba;
4. Baldomero Dimagiba;
5. Raymond Po (Reserved); and,
6. Leonor Castillo Concepcion (Reserved).

Trial dates for the Prosecution:

October 13, 2022 and October 20, 2022.

Trial dates for the Defense:

October 27, 2022 and November 03, 2022.

Trial dates are final and non-transferable, and no motions

for postponement that are dilatory in character shall be
entertained by the Court. If such motions are granted in
exceptional cases, the postponement/s by either of the party
Page 2 of 5
 shall be deducted from the party’s allotted time to present
evidence.

Failure of the party or his or her counsel to comply with

the abovementioned schedule of hearings and deadlines shall
be ground for the imposition of fines and other sanctions of the
court.

E. EXHIBITS

For the Prosecution:

A total of 19 exhibits.

Exhibits Description
Lal-lo Police Station Spot Report on Alleged Stabbing
A
Incident
Lal-lo Police Station Progress Report on Alleged
B
Stabbing Incident
C Lal-lo Police Station Complaint Sheet
D Lal-lo Police Investigation Data Form
E Chain of Custody Form
F Inventory of Evidence Collected
G Complaint- Affidavit of Bernadette Cruz Lacsamana
H Sworn Statement of Witness Joselito Ferrer
I Sworn Statement of Witness Mario P. Olayan
J Sworn Statement of Jonathan C. Santos
K Joint Affidavit of the Arresting Officers
L Sworn Affidavit of Conrado Domingo
M Death Certificate of Marinette Cruz Santos
Marriage Certificate of Marinette Cruz Santos and
N
Elmer D. Santos
O Death Certificate of Leonora Castillo Concepcion
P Medico-legal (Autopsy) Report
Q Fingerprint Analysis Results
DENR Sketch Plan of the Spouses Santos
R
Residence
PNP Checklist for Homicide, Murder, and Physical
S
Injury
Barangay CCTV footage (Reserved)
Bloodstain analysis (Reserved)

For the Defense:

A total of 23 exhibits.

Exhibits Description

Page 3 of 5
 1 Information
2 Inquest Resolution (with annexes)
3 Complaint- Affidavit of Bernadette Cruz Lacsamana
4 Sworn Statement of Mario Olayan
5 Sworn Statement of Joselito Ferrer
6 Sworn Statement of Jonathan Cruz Santos dated
Sept. 7, 2022.
7 Joint Affidavit of PO1 Jasper Obis Navarro and PO1
Justin Frias Salazar
8 Death Certificate
9 Spot Report
10 Progress Report
11 Complaint Sheet
12 Investigation Report
13 Checklist for Homicide, Murder, etc.
14 Chain of Custody Form
15 Inventory of Evidence Collected
16 Autopsy Report
17 Counter- Affidavit of Elmer Duran Santos (With
Annexes)
18 Letter- Contract between Marinette Cruz Santos and
Mario Olayan
19 BDO Bank Deposit Slip
20 Aerial Shot of Dupaya Street
21 Affidavit of Gaile Dimagiba
22 Affidavit of Baldomero Dimagiba
23 Marriage Certificate of Elmer Duran Santos and
Leonora Castillo Concepcion
Weather bulletin on 06 September 2022 (Reserved)
Streetshot of Dupaya street (Reserved)
Affidavit of Leonora Castillo Concepcion (Reserved)
Affidavit of Jasper Navarro and Justin Salazar
(Reserved)
Affidavit of Benedict Sales (Reserved)
Cellphone of Marinette (iPhone 11 Gray) (Reserved)
Three (3) undated love letters between Marinette
and Mario (Reserved)
Barangay Incident Report (Reserved)
Final Order of Perjury case against Mario Olayan
(Reserved)

SO ORDERED.

October 06, 2022, Cagayan, Philippines.

Page 4 of 5
 CONFORMITY:

______________________ ______________________
Private Complainant Accused

______________________ ______________________
Public Prosecutor/s Counsel/s for the Accused

______________________ ______________________
Public Prosecutor/s Counsel/s for the Accused

ATTESTED:

ATTY. ELMER CULA

Branch Clerk of Court

NOTED BY:

MARJORIE T. UYENGCO-NOLASCO
Presiding Judge

Page 5 of 5

Powered by TCPDF (www.tcpdf.org)