Republic of the Philippines

Province of Iloilo
Sixth Judicial Region
REGIONAL TRIAL COURT
Branch 72
Guimbal, Iloilo

PEOPLE OF THE PHILIPPINES

CRIMINAL CASE NO. 18-3138
FOR: Violation of Sec. 5(i) of R.A.
-VERSUS- 9262 otherwise known as Violence
Against Women and their Children
(VAWC) Act
JAMES CORDA Y FERANDO

ACCUSED.
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 PRE-TRIAL BRIEF
May 8, 2023-Arraignment and Pre-Trial
Atty. Torre: Good morning your Honor, Atty. Stewart Paul T. Torre,
respectfully appearing as private prosecutor under the
direct control and supervision of the public prosecutor.
Your Honor, I would like to formally submit a copy of my
Authority to Prosecute from the Iloilo Provincial
Prosecutors Office for your approval. (Hand over
Authority to Prosecute)
-do- Your Honor, I would also like to manifest that private
complainant is currently residing abroad pursuant to her
employment contract as a domestic helper in Hong Kong.
In relation to this your honor, I would like to submit a
machine copy of the Special Power of Attorney (SPA)
executed by the complainant way back in 2017 in favor of
this representation. (Hand over SPA)

We are ready for Pre-Trial your Honor.

-do- Your Honor I would like to manifest that the private
offended party/complainant has signified to me through
video conference her willingness to explore the possibility
of an amicable settlement and actually the accused has
already visited me in my office for the initial talks. Your
honor considering this and the inability of the private
complainant to be physically present in today’s hearing,
may we move for conduct of the arraignment ONLY today
and schedule the pre-trial conference on a later date most
convenient to this honorable court?
-do- Your honor, is it possible for us to conduct a partially
remote hearing through video-conference?

PROPOSED STIPULATION OF FACTS

Does the defense admits the following stipulations of facts to wit:

1. The identity of the accused and that person appearing as the accused in
today’s hearing is the same person named in the information?
2. The jurisdiction of the Honorable Court over the subject matter and the
person of the accused?
3. Existence, due execution and truthfulness of the following documents:
a. Information filed by the Iloilo Provincial Prosecutors Office in
relation to the case at hand;
b. Marriage Certificate of the complainant and the accused;
c. NSO/PSA-authenticated Birth Certificate of the Jamella Marie
Gomez Corda-the only child/daughter of the accused and
complainant;

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 d. Affidavit of Undertaking and Support dated April 10, 2015
executed by the accused in favor of their daughter;
e. Extract of Police Blotter Entry dated October 4, 2017 issued by the
Tigbauan Municipal Police Station, Tigbauan, Iloilo;
4. The accused is legally married to the private complainant;
5. That the accused begot a child named Jamella Marie G. Corda with the
private complainant;
6. That the accused is legally obliged to provide financial support to both
his spouse and child;
7. That the accused started to intermittently fail to provide support
sometime in September 2013 when he worked in Hong Kong;
8. That the accused’ failure to provide support was due to her illicit affair
with a certain Joylyn Pambid Gamoso;
9. The accused admitted to the complainant having with an affair with the
aforementioned woman after said Joylyn Gamoso revealed the same to
the complainant through a mobile phone call;
10. That the private complainant and their daughter saw intimate
photos of the accused with his other woman/paramour causing them
sleepless nights, mental and emotional anguish and humiliation;
11. That the accused executed and signed an Affidavit of Undertaking
and Support dated April 10, 2015;
12. That despite said Affidavit, the accused failed and continued to fail
to provide support to her spouse and child based on his affidavit;
13. That the accused totally failed to provide financial support to his
spouse and child from January 2017 until the filing of the complaint
sometime in October 2017.

Atty. Torre: Your Honor, we propose the following issues for

resolution:

ISSUES
I. Whether or not there is proof beyond reasonable doubt to hold that the
Accused failed to provide financial support to his legal spouse and
legitimate child on the dates enumerated in the complaint;
II. Whether or not the alleged mental and emotional anguish suffered by
the private complainant and their child was directly attributable to the
accused failure to provide financial support and his alleged marital
infidelity;
III. Whether or not there is proof beyond reasonable doubt to hold accused
liable for violation of Section 5 (i) of R.A. 9262 otherwise known as An
Act Defining Violence Against Women and their Children, Providing for

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 Protective Measures for Victims, prescribing penalties therefor and for
other purposes;
IV. Whether or not all the elements of the crime under Section 5 (i) of R.A.
9262 are present in this case.
V. Whether or not the accused is criminally liable of the crime charged and
is civilly liable of the damages suffered by the private complainant?

Pre-Marking of Documentary Evidence

Atty. Torre: Your Honor, the following documentary evidence are

presented to be provisionally marked as follows:

Exhibits DESCRIPTION
Atty. Torre: Your honor, we would like to respectfully request the
counsel for the accused to verify that the documents being
provisionally marked are faithful reproductions of the
original documents already found on the court’s record.
Atty. Torre: Your honor, same manifestation for the opposing counsel
to verify that the subsequent documents provisionally
marked are faithful reproductions of the original and
certified true copy.
“A” Marriage Certificate of the complainant and the accused;
“B” NSO/PSA-authenticated Birth Certificate of the Jamella
Marie Gomez Corda-the only child/daughter of the
accused and complainant
“C” Affidavit of Undertaking and Support dated April 10, 2015
executed by the accused in favor of their daughter
“D” Extract of Police Blotter Entry dated October 4, 2017
issued by the Tigbauan Municipal Police Station, Tigbauan,
Iloilo

List of Witnesses

1. Myrene Gomez Corda

2. Michael Gomez
3. Marlon Geronimo
4. Fernando Sumalacay
5. John Michael Felisario

Possibility of Amicable Settlement

The private offended party/complainant is willing to settle the civil

aspect of the case provided that such settlement is fair and reasonable under
the circumstances, and for such purpose, to submit the case to alternative
dispute resolution.
Available Trial Dates
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 (Proposal: 5 Trial Dates)
June 5, 2023-Presentation of the Private Complainant;
July 24, 2023- Presentation of the witness Michael Gomez;
August 14, 2023- Presentation of the witness Marlon Geronimo;
October 9, 2023- Presentation of the witness Fernando Sumalacay
November 6, 2023- Presentation of the witness John Michael Felisario