lOMoARcPSD|16652177

Gerardo Pre Trial Brief for Defense

Juris Doctor (Aklan Catholic College )

Scan to open on Studocu

Studocu is not sponsored or endorsed by any college or university

Downloaded by Joy Gamboa (joygamboa1582@yahoo.com)
 lOMoARcPSD|16652177

REPUBLIC OF THE PHILIPPINES

SIXTH JUDICIAL REGION
MUNICIPAL TRIAL COURT IN CITIES
ILOILO CITY
BRANCH 007

PEOPLE OF THE PHILIPPINES

-versus- FOR: Other Light Threats

Ar琀椀cle 285 of the Revised
Penal Code

JUAN KARLO YULO

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

PRE-TRIAL BRIEF OF THE DEFENSE

DEFENDANT, by counsel and through this Honorable Court,

respec琀昀ully submits this pre-trial court’s order dated, December 16, 2023.

I. SUMMARY OF ADMITTED FACTS, PROPOSED STIPULATION OF FACTS

AND DEFENSES

The defendant hereby admits the following facts:

I.1. The iden琀椀ty of the private complainant, Leonora Romualdez;

I.2. The date and 琀椀me of the commission of the o昀昀ense;

Furthermore, the defendant respec琀昀ully proposes the following facts:

I.3. Leonora Romualdez. provoked the being of the defendant during

the concilia琀椀on proceedings;
I.4. Despite the defendant's a琀琀empts to disregard the verbal abuse
and profanity, Leonora Romualdez persistently spoke words
intended to tarnish the reputa琀椀on of the defendant.;
I.5. Leonora Romualdez spoke these words in the presence of
neighbors on one occasion, and mul琀椀ple instances of such
occurrences followed therea昀琀er.;

Downloaded by Joy Gamboa (joygamboa1582@yahoo.com)

 lOMoARcPSD|16652177

The defendant, moreover, raises the following defenses:

I.6. The allega琀椀ons were the results of the private complainants

relentless bashing and name swearing upon the defendant;
I.7. The resultant occurrences were mere acts of self-defense.

II. EVIDENCE FOR MARKINGS

II.1. The sworn a昀케davit of Marga Benitez.

Purpose:
To con昀椀rm that before the purported occurrence of the o昀昀ense, various
instances of name-calling and personal a琀琀acks were directed at the
defendant, gradually accumula琀椀ng over 琀椀me.

II.2. The barangay concilia琀椀on proceedings’ cer琀椀昀椀cate.

Purpose: To prove the defendant’s willingness and good faith in trying to
resolve the ma琀琀er with the private complainant and Mr. and Mrs. Rocio.

III. ISSUE

III.1. Whether or not the jus琀椀fying circumstance of self-defense is

applicable;
III.2. Whether or not the defendant is jus琀椀昀椀ed in commi琀�ng the crime
charged.

IV. WITNESSES

IV.1. Marga Benitez to tes琀椀fy regarding the details outline in her sworn
a昀케davit and strengthening the defendant’s claim that the alleged
unjus琀椀昀椀ed a琀琀ack was in fact, jus琀椀昀椀ed.
IV.2. Jose昀椀na Alvarado will provide tes琀椀mony regarding the
defendant's presence, thereby substan琀椀a琀椀ng the defendant's
genuine inten琀椀on and sincere e昀昀ort to amicably resolve the
ma琀琀er.

V. TRIAL DATES

Speci昀椀cally all Fridays of the month, with the regular appearance of

the undersigned counsel before this Honorable Court.

Downloaded by Joy Gamboa (joygamboa1582@yahoo.com)

 lOMoARcPSD|16652177

RESPECTFULLY SUBMITTED.
ILOILO City, Philippines, December 16, 2023.

ATTY. BRYCE PERUCHO

Notary Public
Notary Public for Iloilo City, Iloilo
Un琀椀l December 31, 2023
O昀케ce: 14D PASADO Bldg.
No. 34, Langit Rd. Bacolod City

Roll No. 27189 – 04/07/2017

IBP Life琀椀me Roll No. 157711; 02/21/17
PTR No.096194; 02/21/17
MCLE Compliance Cert. No. 097732; 02/21/17

Copy furnished:

DALIA MARTINEZ
Assistant City Prosecutor
O昀케ce of the City Prosecutor of Iloilo
Iloilo City

Received by: ___________

Date: ___________

Downloaded by Joy Gamboa (joygamboa1582@yahoo.com)