REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT

DIGOS CITY, DAVAO DEL SUR

PEOPLE OF THE PHILIPPINES,

Plaintiff,
Criminal Case No.55244-20
- versus – For: RECKLESS IMPRUDENCE
RESULTING TO HOMICIDE WITH
NOLY DE CASTOR, DAMAGE TO PROPERTY
Accused.
x-------------------------------------x

PRE – TRIAL BRIEF OF THE PROSECUTION

PEOPLE OF THE PHILIPPINES, through the undersigned Assistant City

Prosecutor, unto this Honorable Court, most respectfully submit this Pre-Trial Brief, to
wit:

I. PARTIES

Private complainant, KATHRYN PADILLA, of legal age, married, Filipino and

a resident of Barangay Uno, Digos City, where she may be served with summons,
notices, orders, decisions, and other legal processes of this Honorable Court;

The private complainant may also be served with notices, orders, decisions and
other processes of this Honorable Court through the undersigned counsel with office
address at Prosecutor’s Office, Digos City;

Accused, NOLY DE CASTOR, of legal age, Filipino, married, with residence

and post office address at Barangay Tres, Digos City, Davao del Sur, Philippines where
he may be served with summons, notices, orders, decisions, and other legal processes of
this Honorable Court;

II. POSSIBILITY OF AMICABLE SETTLEMENT BETWEEN THE

PARTIES

The Prosecution is not willing to enter into an amicable settlement of the case.

III. BRIEF STATEMENT OF THE CASE

The complaint for Reckless Imprudence resulting to Homicide with Damage to

Property filed against the accused, who collided/bumped the Honda RS 125 motorcycle
of Mr. Danilo Padilla in a negligent and imprudent manner which caused his instant
death and damage to his property amounting to P30,000.
 On 15 June 2020, the Office of the Provincial Prosecutor issued a Resolution
recommending the filing of the above-captioned case.

IV. BRIEF STATEMENT OF PRIVATE COMPLAINANT’S CAUSE OF

ACTION

Private Complainant alleged that on June 8, 2020, at about 10:00 o’clock in the
morning, herein Respondent Noly De Castor being then the driver of a red Mazda 2
Hatchback car was traversing the said street heading east wherein private complainant
and her spouse on board motorcycle vehicle Honda RS 125 was heading west.
 
When without warning, respondent attempted to overtake another vehicle, sped
through the opposite lane without regard for the motorcycle vehicle boarded by
complainant and her spouse. The same resulted in a collision from the rear side of the
motorcycle which flung the said vehicle off the road southward from the point of impact.
The complainant and her spouse was knocked over which resulted to the fatal injuries
suffered by Danilo who was later on pronounced Dead on Arrival at the hospital.

V. SUMMARY OF ADMITTED FACTS AND PROPOSED

STIPULATION OF FACTS

Other than those stated in the complaint, private complainant has no other
matters to admit at this juncture. However, the private complainant would like to make
the following proposal for stipulations, to wit:

1. The identity of the accused as the one charged in the Information filed before this
Honorable Court;

2. The Honorable Court has jurisdiction to hear the instant case and over the
persons of the accused;

3. The identity of Danilo Padilla, the victim;

4. That Noly De Castor drove the car that caused damage to the property and caused
the instant death of Danilo Padilla;

5. The date and places of the commission of the crime;

6. That the accused is guilty of the offense of Reckless Imprudence resulting to

Homicide with Damage to Property under Article 365 of the Revised Penal Code.

VI. STATEMENT OF ISSUES

Whether or not accused is guilty of the crime of Reckless Imprudence

resulting to Homicide and Damage to Property.

Whether or not accused is liable for damages.

VI. EVIDENCE TO BE PRESENTED

Testimonial Evidence
1.) Testimony of Kathryn Padilla

Purpose: To establish and prove that the accused was negligent in driving his car
which caused the death of her husband and damage to their motorcycle

2.) Testimony of PO1 Myke Enriquez

Purpose: To establish and prove that there was a collision involving the car of
Noly de Castor and and the motorcycle of Danilo Padilla which caused the death of the
latter and damage to his property.

Documentary Evidence

1. Complaint Affidavit of Kathryn B. Padilla (ANNEX “A”);

Purpose: To establish and prove that Private Complainant filed the said affidavit
complaint with the Prosecutor’s Office.

2. Marriage Certificate of Danilo Padilla and Kathryn Padilla (ANNEX

“B”);

Purpose: To establish and prove that the private complainant is the lawful wife of
the victim and has the personality to file the above-captioned case.

3. Death Certificate of Danilo Padilla (ANNEX “C”);

Purpose: To establish and prove that Danilo Padilla died on 08 June 2020 in the
morning due to the injuries from the collision.

4. Funeral Expenses Receipt or Invoice (ANNEX “D”);

Purpose: To establish and prove that Private Complainant incurred funeral

expenses for her husband.

5. Receipt of Motorcycle Repairs (ANNEX “E”);

Purpose: To establish and prove that the motorcycle owned by Private

Complainant required repairs from the damage suffered during the collision.

6. Police Blotter Excerpt (ANNEX “F”);

Purpose: To establish and prove that there was a collision which caused the death
of the victim.

6. Picture of the fallen motorcycle of Danilo Padilla after the incident

(ANNEX “G”)

Purpose: To establish and prove that there was a collision involving the said car

7. Picture of the Red Mazda car of Mr. Noly de Castor after the incident
(ANNEX “H”)

Purpose: To establish and prove that there was a collision involving the said
motorcycle

VIII. APPLICABLE LAWS AND JURISPRUDENCE

 The instant complaint is founded on Article 365 of the Revised Penal Code, to
wit:

“Article 365. Imprudence and negligence. - Any person who, by reckless

imprudence, shall commit any act which, had it been intentional, would
constitute a grave felony, shall suffer the penalty of arresto mayor in its
maximum period to prision correccional in its medium period; if it would have
constituted a less grave felony, the penalty of arresto mayor in its minimum
and medium periods shall be imposed; if it would have constituted a light
felony, the penalty of arresto menor in its maximum period shall be imposed.

Any person who, by simple imprudence or negligence, shall commit an act

which would otherwise constitute a grave felony, shall suffer the penalty of
arresto mayor in its medium and maximum periods; if it would have
constituted a less serious felony, the penalty of arresto mayor in its minimum
period shall be imposed.

When the execution of the act covered by this article shall have only resulted in
damage to the property of another, the offender shall be punished by a fine
ranging from an amount equal to the value of said damages to three times such
value, but which shall in no case be less than twenty-five pesos.

A fine not exceeding two hundred pesos and censure shall be imposed upon any
person who, by simple imprudence or negligence, shall cause some wrong
which, if done maliciously, would have constituted a light felony.

In the imposition of these penalties, the court shall exercise their sound
discretion, without regard to the rules prescribed in Article sixty-four.

The provisions contained in this article shall not be applicable:

1. When the penalty provided for the offense is equal to or lower than those
provided in the first two paragraphs of this article, in which case the court shall
impose the penalty next lower in degree than that which should be imposed in
the period which they may deem proper to apply.
2. When, by imprudence or negligence and with violation of the Automobile
Law, to death of a person shall be caused, in which case the accused shall be
punished by prision correccional in its medium and maximum periods.

Reckless imprudence consists in voluntary, but without malice, doing or falling

to do an act from which material damage results by reason of inexcusable lack
of precaution on the part of the person performing of failing to perform such
act, taking into consideration his employment or occupation, degree of
intelligence, physical condition and other circumstances regarding persons,
time and place.

Simple imprudence consists in the lack of precaution displayed in those cases in

which the damage impending to be caused is not immediate nor the danger
clearly manifest.
The penalty next higher in degree to those provided for in this article shall be
imposed upon the offender who fails to lend on the spot to the injured parties
such help as may be in this hand to give. (As amended by R.A. 1790, approved
June 21, 1957).:

IX. AVAILABLE DATES AND TRIAL DATES NEEDED

 Private complainant respectfully move that the trial dates be agreed upon by the
parties and their respective counsels during the Preliminary Conference in order to
reconcile the same with the calendar of this Honorable Court.

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed of this

Honorable Court that the instant Pre-Trial Brief for the private complainant be deemed
sufficient, duly noted and made to form part of the records of the case.

Digos City, Davao del Sur, 5th July 2020.

FATIMA D. MATANONG-SAGOT
 Notary Public for Digos City
        Prosecutor II
PTR No. 1155784-1/13/19-Davao del Sur
Roll   No.  51334 * MCLE Compliance No. VI-0005562

For:

ATTY. DOROTHY DEA BOLOFER

Notary Public for Digos City
PTR No. 532654 2/13/12 Digos City
Roll No. 67345
MCLE Compliance V-0005563

Copy furnished by registered mail:

EXPLANATION

A copy of the instant Pre-Trial Brief is being served upon the accused by
registered mail due to time constraints, distance, and lack of personnel to effect
personal service.

FATIMA D. MATANONG-SAGOT
 Notary Public for Digos City
        Prosecutor II
PTR No. 1155784-1/13/19-Davao del Sur
Roll   No.  51334 * MCLE Compliance No. VI-0005562