Submitted by:

Abueva, Robert G.
Calceta, Melani C.
Canete, Junnel
Dadulla, Mercy Gay T.
de la Cruz, Celeste Faith S.
Lledo, Van Winston L.
Merida, Arabella A.

4- Executive

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 Republic of the Philippines
Regional Trial Court
8th Judicial Region
Branch 43
Tacloban,City

Rosalinda Y. Amor
Complainant

vs. I.S. No. ___________

For: Rape
Edilberto R. Pulgoso
Respondent
x----------------------------------------------------------------------------------------x

PRE-TRIAL BRIEF

COMPLAINANT, by counsel and to this Honorable Court, respectfully

submits this pre-trial brief in compliance with the trial court’s order dated
April 9, 2019, containing the following:

A. SUMMARY OF ADMITTED FACTS AND PROPOSED

STIPULATION OF FACTS

1. That the private complainant ROSALINDA YAY AMOR, Filipino, of

legal age and with residence at Block 78, Lot 20, Carmella Holmes,
Tacloban City.

2. That the accused Edilberto Rou Pulgoso a.k.a “Daboy”, Filipino, of

legal age and with residence at Block 77, Lot 19, Carmela Holmes,
Tacloban City.

3. That the complainant and the accused personally each other since
they met on January 2018 they became friends.

4. That at around 11:00 in the evening of February 14, 2018,

Complainant was left alone in the house because her parents went on
vacation to Europe.

5. That the complainant was just watching a movie, when she heard
unusual sounds from outside of her room. She went out of her room
to check and was alarmed to see that the main door was slightly
open. Although she was nervous, she took the courage to lock it.

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6. That she ran back to her room but was surprised to see Daboy sitting
in her bed. Saying, “Linda, pwede ba sumapit yana?”

7. That she mustered her courage ordered him to get out and
threatened that she will call the police. It was then that he took out a
knife and said “Sige tawag hin police kay mabubuno ka yana.”

8. That she attempted to get out of her room, but the accused ran
towards her and grabbed her hair with so much force that she was hit
on the floor. Accused kicked her in the stomach several times and
stopped only when she was nose bled.

9. That complainant begged him to stop but the accused slapped her in
the face and said “Ayaw hin arte, napakamahusay ka man! Madali
man la ini.” He took his weapon again and ordered the complainant
to undress. She was crying hard, so accused slapped her again with
so much force. Accused forcefully took her clothes and
undergarments off. And then his.

10. That thereafter, accused ordered her to bend down with head low
and buttocks up. He forcefully inserted his penis into her butt and
thrust hastily. She was in deep pain and tried to stand up. But, the
accused forcefully pulled her hair again that she hit on the floor.
Suddenly, accused was on top of her. He again inserted his penis to
her vagina and thrust hastily.

11. That accused as soon as he was done, he dressed himself and got
the weapon. He threatened that if she will report to the police, he
will kill her family and friends. He walked out of the room, and
complainant was left crying and in deep pain.

12. That on the morning of February 15, 2018, her parents arrived from
Europe. They were appalled to see her in fresh wounds and bruises.
Hesitantly, she talked to her mother and shared to her the incident.
On that same date, her mother accompanied her to the hospital for
treatment. A copy of the Medico-Legal Report is hereto attached and
made an integral part hereof as Annex “B”.

B. ISSUES TO BE TRIED

1. Whether or not complainant has been raped and abused by accused

Edilberto Rou Pulgoso a.k.a “Daboy” ?

2. Whether or not the testimony of the victim Rosalinda Yay Amor

corroborated by testimony of the findings of the expert witness is
sufficient to convict the accused for the crime of rape?

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 C. APPLICABLE LAWS AND JURISPRUDENCE

1. Act No.3815, known as Revised Penal Code

2. Republic Act No. 8353, otherwise known as the Rape Law of 1997

3. Revised Rules on Evidence

4. Jurisprudence Laid down by the Supreme Court on Rape

Complainant respectfully reserves the rights to cite applicable laws and

jurisprudence as the case progresses.

D. DOCUMENTS PRESENTED

1. Affidavit of the Victim-----------------------------Exhibit “A’

2. Medical Certificate ---------------------------------Exhibit “B”

3. Joint affidavit of Arrest----------------------------Exhibit “C”

4. Spot Report Incident--------------------------------Exhibit “D”

E. NAMES OF WITNESESS

1. ROBERTO G. BUERVA, M.D--- he will identify to the court the

medical certificate submitted by the complainant.

2. ROSALINDA YAY AMOR--------- her testimony will provide for the

facts of the alleged rape incident. She will detail to the court what
really transpired on February 14, 2018.

3. Marimar Amor------------she is the mother of the complainant. She

will testify on matters that happened to her daughter upon arrival to
their house after the rape incident.

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F. POSSIBILITY OF AMICABLE SETLLEMENT
The Complainant are NOT amenable to any amicable settlement.

G. AVAILABLE TRIAL DATES

It is respectfully requested that the trial dates be set during the Pre-
trial conference to dates most convenient to this Honorable Court and
to all the parties.

RESPECTFULLY SUBMITTED, April 13, 2019, Tacloban City,

Philippines.

ATTY. CELESTE GAYE C. LLEDO

Counsel for the Complainant
Lakers Law Office
PhilAm Bldg. Justice Romualdez St.
Tacloban City
Attys. Roll No. 76544/ June 3, 2018
IBP O.R No. PL 123456/ 08-10-18, Palo, Leyte
MCLE Compliance No. V-78784444, 8-27-18
Valid Until June 5, 2020
Phone No. 09178901567
Email:celestegayeIVx@gmail.com

Copy Furnished by personal service:

THE BRANCH CLERK OF COURT

SUPREME COURT
8TH Judicial Region
Branch 43, Regional Trial Court

OFFICE OF THE CITY PROSECUTOR

Atty. MELANI C. MARQUEZA
Public Prosecutor

ATTY. JIN GERMOSO

Counsel for the accused
Germoso Law Office
2nd floor, Clazita Building, Avenida Veteranos St.
Tacloban, City

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