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Pre Trial Brief Criminal Sample
Pre Trial Brief Criminal Sample
-versus-
Accused,
x---------------------------------------------x
PRE-TRIAL BRIEF
3. That the complainant and the two accused personally know each other
since they met on June 2013 they became close friends;
4. That on December 10, 2013, at around 7:00 oclock in the evening, the
two accused and the complainant had started their drinking session at
the Sari-Sari Store located at Tiongko Ave. Cor. Araullo St., Davao City;
6. That at around 9:00 oclock in the evening, as the owner of the store told
them that they will about to close, the two accused proposed for a change
of venue;
7. That along the way to the next venue, complainant feel like urinating
and vomiting so she decided to urinate nearby within the premises of the
abandoned house leaving the two accused;
8. That right after complainant pulled up her panties after urinating, she
was grab in the wrist and forcefully pushed her inside an abandoned
house;
10. That the accused Benigno Marcos undressed complainant, remove her
underwear and pinned her down on the floor while the other accused
Mar Binay is holding complainants wrist;
11. That complainant strongly resisted and tries to let go of her wrist so
that she can pushed the accused Benigno Marcos away from her body
but she was so helpless to do so because of accused superior strength.
12. That the accused Benigno Marcos hastily undressed himself, and
successfully inserted his penis into complainants vagina and performed
Push and Pull movement while keep on threatening her, Mas masakitan
ka kung mupalag ka o musyagit ka. (You will hurt yourself more if you
refuse or scream )
13. That after the accused Benigno Marcos finished his bestial acts against
the complainant he then preceded to the door acted as a look out while
the other accused Mar Roxas tightly held the two hands of complainant
and placed himself on top of her even if she strongly resisted.
Complainant cannot do nothing except to cry especially when the
accused Mar Roxas inserted his penis into her vagina and performed
push and pull movement;
14. That after the accused Mar Binay get himself satisfied, he stand up
and get dressed and so, complainant managed to scream Mga Demonyo
Mo, Mga Traydor, Gabaan pa unta Mo...( You are Devils, You are
Traitors, May God forsake you)
15. That complainant found out later from the Police that there was a
person who heard her scream and called 911 in the person of Jejomar
Roxas;
16. That the police officers in the persons of SPO1 HIGANTE DAGUL, SPO1
PAT COLINAR together with PO2 BEAUTY MAGANDA came and arrest of two
suspects, Mar Binay and Benigno Marcos who were in the act of
escaping;
B. ISSUES TO BE TRIED
1. Whether or not complainant has been raped and abused by the two
accused Mar Binay and Benigno Marcos?
2. Republic Act No. 8353 otherwise known as the Rape Law of 1997
3. Revised Rules of Evidence
D. DOCUMENTS TO BE PRESENTED
6. Medical Certificate--------------------------------Exhibit F
(This medical certificate is issued by Dr. Concha of Southern Philippine
Medical Center (SPMC) after conducting a medical examination of the victim. This
medical certificate shows that Korina S. Aquino has hymenal lacerations which tend
to show that she has been abused and forced to have sexual intercourse with the
accused).
E. NAMES OF WITNESSES
1. Korina S. Aquino her testimony will provide for the facts of the alleged
rape incident. She will detail to the court what really transpired on December 10,
2013.
2. Jejomar Roxas- his testimony will provide for the facts of the alleged rape
incident on December 10, 2013.
3. Dr. Ma. Elinore A. Concha she will identify to the court the medical
certificate submitted by the complainant.
4. Giselle Aquino she is the mother of the plaintiff. She will testify on matters
that happened to her daughter shortly after the said rape incident.
By:
And
Copy furnished:
Atty. Timothy Mark G. Maderazo R.R. No. __________
Counsel for the Accused Date: _____________
San Pedro Extension, Davao City