pines
National Capital Judicial Region
Family Court, Branch 13
Quezon City, Metro Manila
felqzn0013@judivinry.gov.ph / 8355-1189
PEOPLE OF THE PHILIPPINES,
Plaintiff
CRIMINAL CASE NO. R-QZN-23-05324-CR
~ versus - For: Qualified Gender-Based Streets, Public
Spaces and Online Sexual Harassment under
Section 11, paragraph (c) in relation to Section 15
paragraph (b) of Republic Act No. 11313
MARIO DE JESUS y BARRIOS (detained),
Accused.
Plaintiff,
CRIMINAL CASE NO. R-QZN-23-05325-CR
~ versus - For: Acts of Lasciviousness under Article 366 of
the Revised Penal Code, as amended, in relation to
Section 5 (b) of Republic Act No. 7610, as
amended by Section 3 of the Republic Act No.
11648
MARIO DE JESUS, JR. y BARRIOS (detained),
Accused,
ARRAIGNMENT AND PRE-TRIAL ORDER
When these cases were called for video conference hearing (VCH) for
Arraignment and Pre-Trial Conference, ACP Vanessa Juvy O. Balita
represented the State. Atty. Patrick John C. Sicat, of the Public Attorney's
Office (PAO), appeared as counsel for the accused. Accused Mario De
Jesus, Jr. y Barrios attended the VCH. Minor complainant MMM was
allegedly sick but her mother was physically present in court to attend the
VCH.
Before arraignment, ACP Balita moved to amend the Information to
reflect the correct name of the accused, which motion was granted. The
name of the accused in the Information now reads “Mario De Jesus, Jr. y
Barrios.”
Considering that the arraignment for today is for multiple
Informations, Atty. Sicat waived the recording of the reading of the same
and he manifested that these were already read to the accused earlier before
the recording of this hearing and that these Informations were already
explained to the accused in Filipino, a language known and understood by
said accused. Atty. Sicat entered the separate pleas of Not Guilty for accused
Page | of SMario De Jesus, Jr. y Barrios for both Informations.
Thereafter, pre-trial proceeded and the parties took up and agreed on
the following matters:
aa
Ti.
ISSUES
The parties agreed that the issues in these cases are:
1, Whether the accused is guilty beyond reasonable doubt of the
offenses charged in the Informations; and
2. Whether the accused is civilly liable as a result of the commission
of the alleged offenses.
PARTIES’ STIPULATIONS
The parties stipulated on the following:
1, The jurisdiction of the Court;
2. That the person named Mario De Jesus, Jr. y Barrios who was
arraigned today is the very same person named and charged in
the Informations; and
3. The minority of the complainant.
EXHIBITS TO BE PRESENTED
FOR THE PROSECUTION
ACP Balita marked the following:
Exhibit “A” Referral Letter dated June 3, 2023;
Exhibit “B” Malaya at Kusang Loob na Salaysay
ni minor complainant MMM;
Exhibit “C” Malaya at Kusang Loob na Salaysay
ni Justine Fernandez y Acebuche;
Exhibit “D” Joint Affidavit of Arrest of PCPL
Kevin Acierto and PCPL Drexler
Ronquillo;
Exhibit “E” Arrest and Booking Sheet;
Exhibit “F” Mugshot;
Exhibit “G” (Reservation only) Other medical
documents in relation to these cases,Photocopies of Exhibits “A” to “F” were permanently marked as
duplicate copies of the original, in accordance with the Revised Rules on
Evidence, subject to cross-examination by Atty. Sicat of the persons who
will identify these documents and subject to any objection as to the
admissibility of these documents when offered.
FOR THE DEFENSE
Atty. Sicat marked the following:
Exhibit “1” ‘The Provisional Medico Legal
Certificate of the accused.
Photocopy of Exhibit “I” was permanently marked as duplicate copy
of the original, in accordance with the Revised Rules on Evidence, subject to
cross-examination by ACP Balita of the person who will identify this
document and subject to any objection as to the admissibility of this
document when offered.
IV. WITNESSES TO BE PRESENTED
FOR THE PROSECUTION
ACP Balita will present six (6) witnesses only in the persons of
1. Minor Complaint MMM;
2. Minor's Mother;
3. Justine Fernandez
4. Either PCPL Kevin Acierto or PCPL Drexler Ronquillo;
5. PSSG Veronica Zacarias; and
6. Psychologist.
FOR THE DEFENSE
Atty. Sicat will present one (1) witness only in the person of:
1. Accused Mario De Jesus y Barrios.
V. TRIAL DATES
Due to the manifestation of the mother of the minor complainant and
by agreement of the parties for the early trail of these cases, and since these
cases involve a person deprived of liberty (PDL), trial shall immediately
proceed through VCH on the following dates all at 08:30 o'clock in the
morning and/or 02:00 o'clock in the afternoon for the presentation of
prosecution's and defense's evidence/witnesses as follows:
Page 3 of $FOR THE PROSECUTION
1. July 04, 2023 — Minor Complainnat MMM, minor's mother, and
Justine Fernandez;
The minor complainant is required to be physically present here
in Court ot testify thorugh VCH, in order for her to be assisted by
Court Social Worker Ms. Teresita G. Matriz. Moreover, ACP Balita and
the minor complainant are both warned that should the essential
witness fail to appear and testify on July 04, 2023, these cases will be
dismissed.
2. August 08, 2023 - Either PCPL Kevin Acierto or PCPL Drexler
Ronquillo and PSSG Veronica Zacarias; and
3, August 22, 2023 — The Psychologist.
FOR THE DEFENSE
1, September 12, 2023 — Accused Mario De Jesus y Barrios.
The trial dates are final and intransferrable, 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 by either
party may or may not be deducted from such party’s allotted time to present
evidence depending on the circumstances,
Failure of the party of her counsel to comply with the aforementioned
schedule of hearings and deadlines shall be a ground for the imposition of
fines and other sanctions by the court.
Issue subpoena to all prosecution witnesses. However, the court shall
no longer issue any subpoena to the parties present today because they were
already informed of the coming hearings. The prosecutor is required to
submit the email addresses of her witnesses and manifest if they can testify
through video conference twenty (20) days before the scheduled hearing for
the presentation of the witness.
There being no other matters to be discussed, the Pre-Trial Conference
is hereby terminated.
The Public Prosecutor, Atty. Sicat, the minor complainant, to be
assisted by her mother, and the accused, are directed to immediately sign this
Pre-Trial Order to return to the court the signed copy within the day, to attest
to the correctness hereof and to signify their conformity thereto which may
be used as evidence in this case.
Page 4 of 4
SO ORDERED.Given in Quezon City, Metro Manila, June 23, 2023.
LI NN M. PADAEN
Presiding Judge
We attest to the correctness of this Order dated 23" day of June 2023
and we signify our conformity hereto:
ACP VANESSA JUVY O. BALITA
Assistant City Prosecutor
ATTY. PATRICK JOHN C. SICAT
PAO, Counsel for the Accused
MMM
Assisted by her Mother
Minor Complainant
MARIO DE JESUS y BARRIOS
Accused
‘Copy furnished:
ACP Vanessa Juyy O. Balita Atty. Patrick John C. Sicat
Public Prosecutor PAO, Counsel forthe accused
DOJ Building, Quezon City Hall Compound DOS Building, Quezon City Hall Compound
Barangay Cental, Diliman 1100, Quezon City Barangay Central, Diliman 1100, Quezon City
MMM
Represented by her Mother
Private Complainant
lo Their Given Address in the Records
Mario De Jesus y Barrios
lale Dormitory
EDSA comer K3rd Street, Brgy. Kamuning
Quezon City
LAMP/macm
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