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JUDICIAL FORMS (CRIMINAL CASES)

VIOLATION OF ANTI-HAZING LAW


COMPLAINT AFFIDAVIT

REPUBLIC OF THE PHILIPPINES)


MAKATI CITY ) s.s.

COMPLAINT-AFFIDAVIT

I, Robina B. Ubog, Filipino, 19, Female, single, and a resident of 250 Gil Puyat
Extention Pasay City, Philippines, after being sworn to in accordance with law, depose and
state:

1. That I know the person of Brook Berg, who is a resident of No. 69 Reposo
Street, Makati City, Philippines;

2. That sometime on the night of September 10, 2012, at Starbucks Blue Wave
D. Macapagal Blvd., Pasay City, Philippines, I met the said Brook Berg, brokered by
Kaka M. Pinya in a recruitment meeting for the Khu Beta Sorority of San Miguel
University - Makati;

3. That I was taken to her office unit, at Berg and Co. 71F RCBC Tower Ayala
Ave, Makati, for my initiation to join their sorority Khu Beta Sorority, San Miguel
Chapter at around 10:30PM;

4. That, as part of the initiation, I was to perform oral sex on her whole
maintenance crew, there were 4 men present;

5. That, only Ms. Berg and the 4 men were present in the office.

6. That, after knowing the act I was supposed to perform oral sex, I demanded
that I would not proceed and quit joining the sorority;

7. That, the respondent prevented me from leaving by having 2 members of


the maintenance crew hold both my hands and feet so as to not be able to run;

8. That, the last two members, opened their trousers and proceeded to insert
their penis into my mouth;

9. That, I was able to break free from their bondage through the glass door as
shown by wounds and bruises on my wrists and proceeded to run away at around
11:00 PM;

10. I am therefore executing this Complaint-Affidavit in support of the


charges of violation of Republic Act No. 8049 Anti Hazing Law against the said Brook
Berg and the Khu Beta Sorority, who may be served with subpoena and other
processes of this Honorable Office at her office address at Berg and Co. 71F RCBC
Tower Ayala Ave, Makati City, Philippines;

IN WITNESS WHEREOF, I have hereunto set my hand this 12th day of September,
2012 at Makati City, Philippines.

Robina B. Ubog
Affiant-Complainant

SUBSCRIBED AND SWORN to before me this 12th day of October 2012, affiant
exhibiting to
me his Community Tax Certificate No. 987654321 issued on January 6, 2012, at Makati City.

CERTIFICATION

This is to certify that I have personally examined the affiant and I am satisfied that he
understood this complaint-affidavit and that he voluntarily executed the same.

NONI DE LEON
ASST. CITY PROSECUTOR

337 | A d v a n c e L e g a l W r i t i n g
JUDICIAL FORMS (CRIMINAL CASES)

VIOLATION OF ANTI-HAZING LAW


MOTION FOR ISSUANCE OF WARRANT OF ARREST

REPUBLIC OF THE PHILIPPINES


National Capital Judicial Region
Metropolitan Trial Court
Makati City
Branch 007

PEOPLE OF THE PHILIPPINES,


Plaintiff,

Versus Criminal Case No. D-7887


Violation of Republic Act 8049 Anti Hazing Act
Brook Berg,
Accused.
X--------------------------------------X

MOTION FOR ISSUANCE OF


WARRANT OF ARREST

The undersigned City Prosecutor of Makati respectfully alleges that:


1. The undersigned City Prosecutor finds probable cause to hold the accused for trial to
answer for the crime for which he is herein accused;
2. The herein accused is imminently leaving the territory and jurisdiction of the Repub-
lic of the Philippines heading to Republic X where the Philippines have no diplomatic
ties much more any extradition treaty;
3. The defendant therefore is viewed as a flight risk which might jeopardize the proper
course of the proceedings of this course and ultimately thwart the ends of justice;
4. The continued ability of the accused to roam free poses a danger to the society within
her locality.

WHEREFORE, the prosecution respectfully prays that this court issue a Warrant of
Arrest against the herein accused.

November 05, 2012. Makati City


Bob Castro
City Prosecutor

NOTICE OF HEARING

Magtanggol D. Aw
Makati City
Counsel for Defendant

Greetings:

Please take notice that on Friday, November 05, 2012, at the Makati City Regional
Trial Court Branch 007 at 9 o’clock a.m., or as soon thereafter as counsel can be heard, the
undersigned will submit the foregoing motion for the approval of the court.

Makati, Philippines. November 05, 2012

Noni de Leon
City Prosecutor
Makati City

Received by:

______________________
Magtanggol D. Aw
Counsel for Defendant

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JUDICIAL FORMS (CRIMINAL CASES)

VIOLATION OF ANTI-HAZING LAW


INFORMATION

REPUBLIC OF THE PHILIPPINES


NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
Makati City
Branch 007

THE PEOPLE OF THE PHILIPPINES,


Plaintiff,

CRIMINAL CASE NO. D-123-457


-versus- for Violation of Republic Act 8049 Anti Hazing
Act

Brook Berg,
(No. 69 Reposo Street, Makati
City, Philippines),
Accused.
X------------------------------------------X

INFORMATION

The undersigned Assistant City Prosecutor of the City of Makati, upon prior written
authority of the City Prosecutor , Noni de Leon, accuses BROOK BERG of violation of
Republic Act 8049 committed as follows:

That on or about the 10th day of September, 2012, in the City of Makati, Philippines,
and within the jurisdiction of this Honorable Court, the said accused did then and there
willfully, unlawfully and feloniously commit acts punishable under Republic Act 8049
Section 4

1) By ordering her perform oral sex on 4 members of the maintenance crew of


Ms. Brook Berg

2) By refusing to let Ms. Robina B. Ubog go after she has declined to proceed
with the initiation after initially applied to join

3) As well as not having the required number of representatives of the school


nor the organization in performing the service or membership requirement

CONTRARY TO LAW.

Makati City, October 20, 2012.

NONI DE LEON
Assistant City Prosecutor

BAIL RECOMMENDED: Php 50,000.

NONI DE LEON
Assistant City Prosecutor

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JUDICIAL FORMS (CRIMINAL CASES)

VIOLATION OF ANTI-HAZING LAW


COUNTER-AFFIDAVIT

REPUBLIC OF THE PHILIPPINES


DEPARTMENT OF JUSTICE
OFFICE OF THE CITY PROSEUTOR
MAKATI CITY

Robina B. Ubog
Complainant,

- versus - I.S. No. E-123–456


For: Violation of Republic Act 8049 (Anti Hazing Act)
Brook Berg
Respondent.
x----------------------------------------------------x

COUNTER – AFFIDAVIT
I, Brook Berg, of legal age, single, Filipino and with resident address at, 69 Reposo
st. Makati City, Philippines, after having been duly sworn in accordance with law, do hereby
depose and state, that:

(1) I was charged with violation of Republic Act 8049 Anti Hazing
Act, by the private-complainant;

(2) However, on the night in question, the fact of the matter is that
the consent on her part to join the sorority, in fact she attended the sorority
function that night in Starbucks Blue Wave in D. Macapagal Ave. Pasay City
and in my office in Berg and Co. in RCBC Tower, Makati;

(3) She was accompanied by 2 members of the sorority one Bettina


Balda and Carla Pila to serve and comply with mere informative queries
about their backgrounds and intentions in joining our sorority and at any
time was never restrained nor forced from performing oral sex on any
maintenance crew of the building;

(4) The private complainant was forced to file this complaint because
of reasons only known to her.

I am executing this counter-affidavit, to attest to the truth of the foregoing and for
whatever legal purpose it may serve.

Makati City, 30th October 2012

Brooke Berg
Respondent-Affiant
CTC No. 00123457
Issued On: October 25, 2012
Issued At: Makati City

SUBSCRIBED and SWORN, to before me in the City of Makati, this 30 th day of


October 2012 by Brook Berg with Residence Certificate No. 00123457 issued at Makati City,
on October 30, 2012.

Atty. Andy S. Lim


Notary Public
Until December 31, 2012
Doc No. __________;
Page No. _________;
Book No. _________;
Series of 2012.

Copy Furnished:
Robina B. Ubog
(Private-Complainant)
250 Gil Puyat Extention, Pasay City, Philippines

340 | A d v a n c e L e g a l W r i t i n g
JUDICIAL FORMS (CRIMINAL CASES)

VIOLATION OF ANTI-HAZING LAW


MOTION TO QUASH

REPUBLIC OF THE PHILIPPINES


National Capital Judicial Region
Metropolitan Trial Court
Makati City
Branch 007

PEOPLE OF THE PHILIPPINES,


Plaintiff,

Versus Criminal Case No. D-7887


Violation of Republic Act 8049 (Anti
Hazing Act)
BROOK BERG,
Accused.
X-------------------------------------------------X

Motion to Quash

Accused BROOK BERG, through the undersigned counsel, respectfully alleges:

1. That she is the accused in the above-entitled case of the offense of violation of Anti
Hazing Act Republic Act 8049 committed against Robina B. Ubog.
2. That the facts charged do not constitute an offense as previously expounded in the
other pleadings related to this case.

WHEREFORE, it is respectfully prayed that the complaint and information filed in this
case be quashed, with costs de oficio.

October 30, 2012. Makati City

Magtanggol D. Aw
Counsel for the Defendant
Roll: 098765
IBP O.R.3456789
PTR O.R.368096345
MCLE:4545674879

Notice of Hearing

Bob Castro
City Prosecutor
Makati City

Greetings:

Please take notice that on Friday, October 30, 2012, at the Makati City Regional Trial
Court Branch 007 at 9 o’clock a.m., or as soon thereafter as counsel can be heard, the
undersigned will submit the foregoing motion for the approval of the court.

Makati, Philippines. October 20, 2012

Matanggol D. Aw
Counsel for Accused
Makati City

Received by:
Luke Lu
Counsel for Complainant

341 | A d v a n c e L e g a l W r i t i n g
JUDICIAL FORMS (CRIMINAL CASES)

VIOLATION OF ANTI-HAZING LAW


MOTION TO DEMURRER TO EVIDENCE WITH LEAVE OF COURT

REPUBLIC OF THE PHILIPPINES


National Capital Judicial Region
Metropolitan Trial Court
Makati City
Branch 007

PEOPLE OF THE PHILIPPINES,


Plaintiff,

Versus Criminal Case No. D-7887


Violation of Republic Act 8049 (Anti
Hazing Act)
BROOK BERG,
Accused.
X-------------------------------------------------X

MOTION FOR DEMURRER OF EVIDENCE WITH LEAVE OF COURT

Accused BROOK BERG, through the undersigned counsel, respectfully alleges:

1. That he is the accused in the above-entitled case for the crime of Violation of Anti
Hazing Act committed against Robina B. Ubog;
2. That the facts charged do not constitute an offense as previously expounded in the
other pleadings related to this case;
3. That the evidence submitted is insufficient to convict the herein accused of the crime
charged against him.

WHEREFORE, it is respectfully prayed that this Honorable Court grants leave to file a
demurrer to evidence by the herein accused.

October 30, 2012. Makati City

Magtanggol D. Aw
Counsel for the Defendant
Roll: 098765
IBP O.R.3456789
PTR O.R.368096345
MCLE:4545674879
:

Notice of Hearing

Bob Castro
City Prosecutor
Makati City

Greetings:
Please take notice that on Friday, October 30, 2012, at the Makati City Regional Trial
Court Branch 007 at 9 o’clock a.m., or as soon thereafter as counsel can be heard, the
undersigned will submit the foregoing motion for the approval of the court.

Makati, Philippines. October 20, 2012

Magtanggol D. Aw
Counsel for Accused
Makati City

Received by:
Magtanggol D. Aw
Counsel for Complainant

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JUDICIAL FORMS (CRIMINAL CASES)

VIOLATION OF ANTI-HAZING LAW


MOTION TO RELEASE OF ACCUSED WITH RECOGNIZANCE

REPUBLIC OF THE PHILIPPINES


National Capital Judicial Region
Metropolitan Trial Court
Makati City
Branch 007

PEOPLE OF THE PHILIPPINES,


Plaintiff,

Versus Criminal Case No. D-7887


Violation of Republic Act 8049 (Anti
Hazing Act)
BROOK BERG,
Accused.
X-------------------------------------------------X

MOTION FOR RELEASE OF ACCUSED ON RECOGNIZANCE

COMES NOW accused BROOK BERG and respectfully alleges:

1. That the defendant is in custody for the alleged commission of the offense of violation
of Anti Hazing Act;

2. That being unable to post the required cash or bail bond, hereby binds herself, pend -
ing final decision of the above-entitled case, to appear before the court when so or-
dered ;

3. That the undersigned hereby further binds herself to accept the authority of Tata Y.
Nya in whose custody he was placed by the Court.

WHEREFORE, upon prior notice and hearing, it is respectfully prayed that the defendant
be released on recognizance.

October 30, 2012. Makati City

BROOK BERG
Accused

Notice of Hearing

Bob Castro
City Prosecutor
Makati City

Greetings:
Please take notice that on Friday, October 30, 2012, at the Makati City Regional Trial
Court Branch 007 at 9 o’clock a.m., or as soon thereafter as counsel can be heard, the
undersigned will submit the foregoing motion for the approval of the court.

Makati, Philippines. October 20, 2012

Magtanggol D. Aw
Counsel for Defendant
Makati City

Received by:
Counsel for Complainant

343 | A d v a n c e L e g a l W r i t i n g
JUDICIAL FORMS (CRIMINAL CASES)

VIOLATION OF ANTI-HAZING LAW


MOTION FOR ISSUANCE OF HOLD DEPARTURE ORDER

REPUBLIC OF THE PHILIPPINES


National Capital Judicial Region
Metropolitan Trial Court
Makati City
Branch 007

PEOPLE OF THE PHILIPPINES,


Plaintiff,

Versus Criminal Case No. D-7887


Violation of Republic Act 8049 (Anti Hazing
Act)
BROOK BERG,
Accused.

X-------------------------------------------------X

MOTION FOR ISSUANCE OF HOLD DEPARTURE


ORDER

The undersigned City Prosecutor of Makati respectfully alleges that:


1. The herein accused is imminently leaving the territory and jurisdiction of the Repub-
lic of the Philippines heading to Republic X where the Philippines have no diplomatic
ties much more any extradition treaty;
2. The defendant therefore is viewed as a flight risk which might jeopardize the proper
course of the proceedings of this course and ultimately thwart the ends of justice.

WHEREFORE, the prosecution respectfully prays that this court issue a Hold
Departure Order against the herein accused.
October 30, 2012. Makati City

Bob Castro
City Prosecutor

Notice of Hearing

Magtanggol D. Aw
Makati City
Counsel for Defendant

Greetings:

Please take notice that on Friday, October 30, 2012, at the Makati City Regional Trial Court
Branch 007 at 9 o’clock a.m., or as soon thereafter as counsel can be heard, the undersigned
will submit the foregoing motion for the approval of the court.

Makati, Philippines. October 20, 2012.

BOB CASTRO
City Prosecutor
Makati City

Received by:

Magtanggol D. Aw
Counsel for Defendant

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JUDICIAL FORMS (CRIMINAL CASES)

VIOLATION OF ANTI-HAZING LAW


PRE TRIAL BRIEF

Republic of the Philippines


National Capital Judicial Region
Metropolitan Trial Court
Makati City
Branch 007

PEOPLE OF THE PHILIPPINES,


Plaintiff,

CRIMINAL CASE NO. E-123-457


- versus- FOR – violation of Anti Hazing Act (Sec. 4
RA 8049)

BROOK BERG,
Accused.

X-------------------------------------------------X

PRE-TRIAL BRIEF

UNDERSIGNED Assistant City Prosecutor hereby respectfully submits, for purposes


of the Pre-Trial hereon, conformably with Rule 118 of the (2000) Revised Rules on Criminal
Procedure, and sub-paragraph number 1 of paragraph B of the chapter on Pre-Trial of
Administrative Matter No. 03-1-09-SC, the following Manifestations, Proposals for
Stipulation of Facts and Issues, and Identification of Evidence for the Prosecution, to wit:
THEORY OF THE PROSECUTION
The theory of the prosecution is premised on the application of the provisions of the
Republic Act 8049 (Sec. 4), on the following circumstances, to wit:

That on or about the 15th day of September, 2012, in the City of Makati, Philip -
pines, and within the jurisdiction of this Honorable Court, the said accused did
then and there willfully, unlawfully and feloniously commit violations of Anti
Hazing Act on the person of Robina B. Ubog by ordering her against her will to
perform oral sex on 4 members of the accused’s maintenance crew, refusing to
let her go initially having consented to joining Khu Beta Sorority and not having
the required number of school or organization representatives present in the
performance of such activities.

PLEA BARGAINING
The Prosecution shall not enter into any plea bargaining agreement.

PROPOSALS FOR STIPULATION OF FACTS

I. JURISDICTION:
The Honorable Court has jurisdiction over the subject matter and the issue of the
present case, and on the person of the accused.

II. IDENTITY OF THE ACCUSED:


The accused named in the Information and in the affidavits of prosecution
witnesses is the same accused earlier arraigned in court.

III. FACTS OF THE CASE.


III-A. That sometime on the night of September 15, 2012, at Berg and Co. 7F
RCBC Tower Ayala Ave. Makati City, Philippines, the said Brook Berg was
with Ms. Robina B. Ubog for the performance of the service to join the Khu Beta
Sorority at around 10:30 PM that night;

III-B. That somehow Ms. Ubog refused to join the sorority after having initially

345 | A d v a n c e L e g a l W r i t i n g
JUDICIAL FORMS (CRIMINAL CASES)

admitted to joining

III-C. That, Ms. Ubog left the building at around 11:00 PM that same night;

EVIDENCE FOR THE PROSECUTION


I. DOCUMENTARY EVIDENCE:
EXHIBIT A --- A true and faithful machine reproduction of the
Police Report of the incident;

II. TESTIMONIAL EVIDENCE:

1. Robina B. ubog, the private offended party;

The prosecution hereby reserves the right to present additional evidence as the need
therefore may arise.

ISSUES

WHETHER OR NOT, on said date, time, and place, the accused:

1. Performing the above-mentioned acts, constitute violation of


Section 4 of Republic Act No 8049 Anti Hazing Act.

Makati City, October 30, 2012.

Respectfully submitted:

NONI DE LEON
Assistant City Prosecutor

Copy furnished by personal delivery:

Magtanggol D. Aw
Counsel for the accused,
Makati City.

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JUDICIAL FORMS (CRIMINAL CASES)

VIOLATION OF ANTI-HAZING LAW


DOJ RESOLUTION

Republic of the Philippines


DEPARTMENT OF JUSTICE
OFFICE OF THE CITY PROSECUTOR
City of Makati

RE: COMPLAINT OF ROBINA B. UBOG

I.S. NO. E-123-457,


FOR VIOLATION OF REPUBLIC ACT NO 8049
(ANTI HAZING ACT)

VS. BROOK BERG

X-------------------------------------------------X

RESOLUTION

SUBMITTED for resolution is a complaint for violation of Sec. 4 Republic Act No.
8049 allegedly committed during the September 15, 2012, at Makati City, supported by the
sworn statement of the complainant and photocopies of the police report of the incident.

In his sworn statement, the complainant alleges that, during the afore-stated period
of time and place, the respondent alone forced her to perform oral sex on 4 men as part of
her service for membership to her sorority Khu Beta Sorority and refused to let her go when
she changed her mind in refusing to go through with the initiation.

However, the respondents claim that, the filing of the complaint is without legal basis
since the there was no such act and the complainant was merely asked to answer mere
queries about her background and that there was 2 representatives of the sorority Bettina
Balda and Carla Pila present the whole time.

In the evaluation of the complainant’s evidence, it is clear that the lewd act was
performed against the complainant without the latter’s consent. The hurried escape of the
complainant through the glass door and the wounds and bruises of the complainant hands
indicates guilt on the part of the respondent.

IN LIGHT OF THE FOREGOING, the undersigned finds sufficient cause to hold the
respondent BROOK BERG for VIOLATION of Section 4 of Republic Act No. 8049.

Makati City, October 30, 2012.

NONI DE LEON
Assistant City Prosecutor
APPROVED:

BOB CASTRO
City Prosecutor

347 | A d v a n c e L e g a l W r i t i n g
JUDICIAL FORMS (CRIMINAL CASES)

VIOLATION OF ANTI-HAZING LAW


MOTION TO REDUCE BAIL

REPUBLIC OF THE PHILIPPINES


National Capital Judicial Region
Metropolitan Trial Court
Makati City
Branch 007

PEOPLE OF THE PHILIPPINES,


Plaintiff,

Versus Criminal Case No. D-7887


Violation of Republic Act 8049 (Anti
Hazing Act)
BROOK BERG,
Accused.

MOTION TO REDUCE BAIL

Accused BROOK BERG, through the undersigned counsel, respectfully alleges:

1. That the bail for his provisional release has been set at Php 50,000.00
2. That said defendant is a partner from Berg and Co. she therefore would be unable to
serve her clients and the general public if the bail is set at that amount

WHEREFORE, the accused BROOK BERG respectfully prays that the court grants
this motion to reduce bail to Php 5,000.00 or such amount as the court sees just in accor-
dance with the circumstances thus presented.

October 30, 2012. Makati City

Magtanggol D. Aw
Counsel for the Defendant
Roll: 098765
IBP O.R.3456789
PTR O.R.368096345
MCLE:4545674879

Notice of Hearing

Bob Castro
City Prosecutor
Makati City

Greetings:

Please take notice that on Friday, October 30, 2012, at the Makati City Regional Trial
Court Branch 007 at 9 o’clock a.m., or as soon thereafter as counsel can be heard, the
undersigned will submit the foregoing motion for the approval of the court.

Makati, Philippines. October 20, 2012

Magtanggol D. Aw
Counsel for Defendant
Makati City

Received by:

Luke Lu
Counsel for Complainant

348 | A d v a n c e L e g a l W r i t i n g
JUDICIAL FORMS (CRIMINAL CASES)

VIOLATION OF ANTI-HAZING LAW


PETITION TO POST BAIL

REPUBLIC OF THE PHILIPPINES


National Capital Judicial Region
Metropolitan Trial Court
Makati City
Branch 007

PEOPLE OF THE PHILIPPINES,


Plaintiff,

Versus Criminal Case No. D-7887


Violation of Republic Act 8049
(Anti Hazing act)
BROOK BERG,
Accused.
X-------------------------------------------------X

PETITION TO POST BAIL

COMES NOW accused BROOK BERG, through the undersigned counsel, and
respectfully alleges:

1. That the defendant is in custody for the alleged commission of the violation of Re -
public Act 8049;
2. That no bail has been recommended for his temporary release, on the assumption
that the evidence of guilt is strong;
3. That the burden of showing that evidence of guilt is strong is on the prosecution, and
unless this fact is satisfactorily shown, the defendant may be bailed at the court’s dis-
cretion.

WHEREFORE, upon prior notice and hearing, it si respectfully prayed that the defendant
be admitted to bail in such amount as this Honorable Court may fix.

October 30, 2012. Makati City

Magtanggol D. Aw
Counsel for the Defendant
Roll: 12353343
IBP O.R.123413
PTR O.R.12313
MCLE:121313

Notice of Hearing

Bob Castro
City Prosecutor
Makati City

Greetings:
Please take notice that on Friday, October 30, 2012, at the Makati City Regional Trial
Court Branch 007 at 9 o’clock a.m., or as soon thereafter as counsel can be heard, the
undersigned will submit the foregoing motion for the approval of the court.

Makati, Philippines. October 20, 2012

Magtanggol D. Aw
Counsel for Defendant
Makati City
Received by:
Luke Lu
Counsel for Complainant

349 | A d v a n c e L e g a l W r i t i n g
JUDICIAL FORMS (CRIMINAL CASES)

VIOLATION OF ANTI-HAZING LAW


AFFIDAVIT OF DESISTANCE

REPUBLIC OF THE PHILIPPINES}


Makati City } S.S.

AFFIDAVIT OF DESISTANCE

I, ROBINA B. UBOG, of legal age, single, Filipino, and residing at 250 Gil Puyat
Extn, Pasay City, Philippines, after having been sworn to in accordance with law, depose and
says that:

1. I am the Private Complainant in Criminal Case No. E-123-457 for VIOLATION OF


SECTION 4 OF REPUBLIC ACT NO. 8049, entitled People of the Philippines vs.
BROOK BERG, which is now pending before the Metropolitan Trial Court, National
Capital Judicial Region, Makati City, Branch 007;

2. After a careful evaluation of the facts and circumstances surrounding the case, I per-
sonally and honestly believe that, I actually given consent to the act in question and
that I previously misapprehend the facts surrounding the event due to the social im-
plications it might give rise to;

3. I am no longer interested in further prosecuting the case against the accused;

4. I am not paid, threatened, nor coerce in executing this affidavit of desistance;

5. I am voluntarily executing this affidavit to attest the veracity of the foregoing and to
move for the dismissal of the said case against the accused.

IN WITNESS WHEREOF, I have hereunto set my hand this 20th day of October
2012, in the City of Makati.

________________________
ROBINA B. UBOG
Affiant
CTC No. 987654321;
Issued at: Makati City;
Issued on: September 24, 2012.

SUBSCRIBED and SWORN, to before me in the City of Makati, this 20 th day of


October 2012 by Robina B. Ubog with Residence Certificate No. 0987654321 issued at
Makati City, on September 17, 2012.

Sam P. Po
Notary Public
My commission expires on
December 31, 2012
Roll:68678686
IBP:45646546
PTR: 46464646
MCLE:6785756

Doc. No. _________;


Page No. _________;
Book No. ________;
Series of 2012.

350 | A d v a n c e L e g a l W r i t i n g
JUDICIAL FORMS (CRIMINAL CASES)

VIOLATION OF ANTI-HAZING LAW


FORMAL OFFER OF EVIDENCE

REPUBLIC OF THE PHILIPPINES


National Capital Judicial Region
Metropolitan Trial Court
Makati City
Branch 007

PEOPLE OF THE PHILIPPINES,


Plaintiff,

CRIMINAL CASE NO. E-123-457


-versus- VIOLATION OF REPUBLIC ACT 8049 (ANTI HAZING ACT)
BROOK BERG,
(#69 Reposo St., Makati City, Philippines)
Accused.
X-------------------------------------------------X

FORMAL OFFER OF EVIDENCE

UNDERSIGNED Assistant City Prosecutor respectfully offers in evidence for the prose-
cution the following documentary, physical, and testimonial evidence, to wit:
EXHIBIT A --- A true and faithful machine reproduction of the police
report of the incident.

THE TESTIMONIAL EVIDENCE consists of the testimonies given by witness Robina B. Ubog
(private offended party).

Exhibit A with all its respective sub-markings, together with the testimony of said witnesses,
are offered for the identical purpose of showing that on September 15, 2012, at Berg and Co.
Offices in 7F RCBC Bldg, Ayala Ave, Makati City, Philippines, the accused performed acts
complained of on the person of the complainant without the latter’s consent.

Furthermore, the prosecution respectfully manifests that all of the afore-described


exhibits/evidence for the prosecution have been submitted to custody of the Honorable
Court.

Makati City, October 30, 2012.

Respectfully submitted:

NONI DE LEON
Assistant City Prosecutor
Copy furnished:
(by personal delivery in open court):

Magtanggol D. Aw,
counsel for the accused.

351 | A d v a n c e L e g a l W r i t i n g
JUDICIAL FORMS (CRIMINAL CASES)

VIOLATION OF ANTI-HAZING LAW


MOTION FOR JUDICIAL DETERMINATION OF PROBABLE CAUSE

REPUBLIC OF THE PHILIPPINES


National Capital Judicial Region
Metropolitan Trial Court
Makati City
Branch 007

PEOPLE OF THE PHILIPPINES,


Plaintiff,

Versus Criminal Case No. D-7887


Violation of Republic Act 8049 (Anti Hazing Act)
BROOK BERG,
Accused.
X-------------------------------------------------X
MOTION FOR JUDICIAL DETERMINATION OF PROBABLE CAUSE AND HOLD
IN ABEYANCE THE ARRAIGNMENT OF THE ACCUSED

Accused BROOK BERG, through the undersigned counsel, respectfully alleges:

1. That she is the accused in the above-entitled case of the offense of violation of Sec. 4
of Republic Act 8049 committed against Robina B. Berg.
2. That the facts charged do not constitute an offense as previously expounded in the
other pleadings related to this case.
3. That the City Prosecutor made a grave abuse of discretion when she approved the fil-
ing of the Information when there is evidently no probable cause to hold the herein
accused for the crime she allegedly committed.

WHEREFORE, it is respectfully prayed that this Honorable Court conduct a


determination of probable cause, pursuant to Article III, Section 2 of the 1987 Constitution
and for the time being, hold in abeyance the arraignment of the herein accused.

October 30, 2012. Makati City

Magtanggol D. Aw
Counsel for the Defendant
Roll: 12353343
IBP O.R.123413
PTR O.R.12313
MCLE:121313

Notice of Hearing

Bob Castro
City Prosecutor
Makati City

Greetings:
Please take notice that on Friday, October 30, 2012, at the Makati City Regional Trial
Court Branch 007 at 9 o’clock a.m., or as soon thereafter as counsel can be heard, the
undersigned will submit the foregoing motion for the approval of the court.

Makati, Philippines. October 20, 2012

Magtanggol D. Aw
Counsel for Accused
Makati City

Received by:
Counsel for Complainant

352 | A d v a n c e L e g a l W r i t i n g
JUDICIAL FORMS (CRIMINAL CASES)

VIOLATION OF ANTI-HAZING LAW


REJOINDER TO A REPLY

Republic of the Philippines


DEPARTMENT OF JUSTICE
OFFICE OF THE CITY PROSECUTOR
City of Makati

RE: ROBINA B. UBOG,


Complainant
versus

BROOK BERG,
Respondent.
For: Violation Republic Act 8049
(Anti Hazing Act)
I. S. No. D-123-457

X-------------------------------------------------X

REJOINDER TO REPLY

COMES NOW the respondent, BROOK BERG, through counsel, and, by way of a
Rejoinder to the complainants’ Reply, respectfully alleges that:

This Rejoinder is being filed with the Office of the City Prosecutor considering that Reply
filed by the complainant disregards the fact that her failure to make a prompt cry for help
indicates that there is consent on her part on the supposed lascivious acts done to her by
the respondent

PREMISES CONSIDERED, there appears no valid nor cogent reason to proceed with the
filing of the information as there is clearly a lack of merit on the case of the complainant.

Makati City, October 15, 2012

Respectfully submitted:

MAGTANGGOL D. AW
Counsel for Respondent
Dream Avenue, Makati City.
I B P 123456
P T R 123456
Roll No. 123456

Copy furnished:

Robina B. Ubog – Pasay City


250 Gil Puyat Extn Pasay City, Philippines

353 | A d v a n c e L e g a l W r i t i n g
JUDICIAL FORMS (CRIMINAL CASES)

VIOLATION OF ANTI-HAZING LAW


AFFIDAVIT OF DESISTANCE (MISTAKEN IDENTITY)

REPUBLIC OF THE PHILIPPINES}


Makati City } S.S.

AFFIDAVIT OF DESISTANCE

I, ROBINA B. UBOG, of legal age, single, Filipino, and residing at 250 Gil Puyat
Extn Pasay City, Philippines, after having been sworn to in accordance with law, depose and
says that:

1. I am the Private Complainant in Criminal Case No. E-123-457 for VIOLATION OF


SECTION 4 REPUBLIC ACT 8049, entitled People of the Philippines vs.
BROOK BERG, which is now pending before the Metropolitan Trial Court, National
Capital Judicial Region, Makati City, Branch 007;

2. After a careful evaluation of the facts and circumstances surrounding the case, I per-
sonally and honestly believe that, due to the speed at which the incident happened, I
was not able to see the face of the perpetrator;

3. I cannot, in clean conscience, pursue this criminal case against the accused where I
cannot verify with certainty the identity of the perpetrator;

4. I am no longer interested in further prosecuting the case against the accused;

5. I am not paid, threatened, nor coerce in executing this affidavit of desistance;

6. I am voluntarily executing this affidavit to attest the veracity of the foregoing and to
move for the dismissal of the said case against the accused.

IN WITNESS WHEREOF, I have hereunto set my hand this 20th day of October
2012, in the City of Makati.

________________________
ROBINA B. UBOG
Affiant
CTC No. 987654321;
Issued at: Makati City;
Issued on: October 4, 2012.

SUBSCRIBED and SWORN, to before me in the City of Makati, this 20 th day of


October 2012 by Robina B. Ubog with Residence Certificate No. 0987654321 issued at
Makati City, on October 4, 2012.

Sam P. Po
Notary Public
My commission expires on
December 31, 2012
Roll:68678686
IBP:45646546
PTR: 46464646
MCLE:6785756

Doc. No. _________;


Page No. _________;
Book No. ________;

354 | A d v a n c e L e g a l W r i t i n g
JUDICIAL FORMS (CRIMINAL CASES)

Series of 2012.

355 | A d v a n c e L e g a l W r i t i n g

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