Republic of the Philippines

Tenth Judicial Region

REGIONAL TRIAL COURT
Branch 44
Initao, Misamis Oriental

PEOPLE OF THE PHILIPPINES,

Plaintiff,
FOR: Crim Case No. 2022-4309
- versus - Violation of Sec 5(1) of RA
9262

JOERAY ACAIN ABRAGAN

Accused
x ------------------------------------- x

PRE-TRIAL BRIEF`

Accused, by counsel, respectfully submits his Pre-Trial Brief, as follows:

I. WILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENT

AND POSSIBLE TERMS OF ANY SUCH SETTLEMENT

1.1. Subject to a concrete proposal that is fair and reasonable and a reciprocal manifestation of
openness from plaintiff, accused is open to the possibility of amicably settling this dispute.

1.2. Pursuant to Rule 18 of the 1997 Rules of Civil Procedure, accused respectfully submits that
the desired terms of any amicable settlement would involve, first, a clarification of the actual
extent of any obligation due and owing to plaintiff and private complainant inasmuch as there is
nothing to indicate accused’s obligations to plaintiff and private complainant; and second, a
schedule of payments.

II. SUMMARY OF ADMITTED FACTS AND PROPOSED STIPULATION OF FACTS

ADMIITED FACTS

2.1. Identity of the accused as the person named in the Information, and arraigned in this
case.

PROPOSED STIPULATION OF FACTS

2.2. Accused has already converted to Islam;

2.3 Accused had already severed his marital ties with Private Complainant, Jennifer J.
Tupag, by virtue of a Decision on Civil Case No. 2021-134 rendered by the 9 th Shari’a
Circuit Court, Fourth Shari’a Judicial District, Municipality of Lumbatan, Lanao del Sur;

2.4. The Decision of the above-mentioned court has attained finality;

2.5 The Divorce Decree has already been recorded in the Civil Registrar;

III. DENIALS
3.1 The accused denies that he willfully, unlawfully, and feloniously subjects his then wife
Jennifer J. Tupag to emotional abuse by having an extra-marital affair with another
woman named Marichu Llenos Zate, thereby causing mental, emotional anguish, public
ridicule and humiliation to his then wife Jennifer Tupag, to her damage and prejudice;

IV. DOCUMENTARY AND OBJECT EVIDENCE

4.1 Exhibit 1- Counter-Affidavit of Joeray Acain Abragan to be submitted by the defense
prior to the presentation of its evidence;

4.2 Exhibit 2- Letter written by Khadafy O. Ibra addressed to The Local Civil Registrar of
Initao Misamis Oriental;

4.3 Exhibit 3- Decision of Civil Case No. 2021-134;

4.4 Exhibit 4- Certificate of Finality of Civil Case No. 2021-134 rendered by the 9th Shari’a
Circuit Court, Fourth Shari’a Judicial District, Municipality of Lumbatan, Lanao del Sur;

4.5 Exhibit 5- Certificate of Authenticity of the Decision of Civil Case No. 2021-134;

4.6 Exhibit 6- Joint Affidavit of Muslim Spouses/Ratification;

4.7 Exhibit 7- Certificate to Conversion to Islam issued by the Office of the Civil Registrar;

4.8 Exhibit 8- Certificate of Divorce

Accused reserves the right to present any and all documentary evidence, which shall become
relevant to rebut defendants’ claims in the course of trial.

V. WITNESSES
5.1 The Accused reserves the presentation of at least 3 witnesses to support his defense.

VI. TRIAL DATES

6.1 To be agreed by the parties in synchronicity to the Honorable Court’s available schedules.

RESPECTFULLY SUBMITTED.
Initao, Misamis Oriental October 24, 2022.

MGC Law Firm

Suite #3, 2ND Floor Rego Bldg. (PNB Carmen Branch)
296 Agoho Drive, Zone 1 Carmen
9000 Cagayan de Oro City
By:

ATTY. RAPHAEL P. RIVAS

Counsel for the Accused
Roll No. 82157
IBP No. 217990 issued on May 28, 2022
PTR No. 1838700 issued on June 20, 2022
MCLE Compliance No (Admitted on May 28, 2022)

Copy Furnished

APP Ian J. Parrado- OPP Initao, Misamis Oriental

Atty. Arleigh Joyce A. Braña- PAO-Initao, Misamis Oriental
IBP Legal Counsel-Capitol Compound, Cagayan de Oro City