Republic of the Philippines

First Judicial Region

Regional Trial Court
Branch 37
Lingayen, Pangasinan

PEOPLE OF THE PHILIPPINES

Plaintiff,

-versus- Criminal Case No L-6576

For: FRUSTRATED
MURDER
MARDY AQUINO,
Accused.

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

PRE-TRIAL ORDER

SUMMARY

That on or about the 15th day of May 2001 at around 10:30

o'clock in the morning at Barangay Balogo-Pandel, in the municipality
of Binmaley, province of Pangasinan, Philippines and within the
jurisdiction of this Honorable Court, the above-named accused,
armed with a knife, conspiring, confederating and helping one
another, with intent to kill and with evident premeditation did then and
there, wilfully, unlawfully and feloniously attack, assault and stab
Ernesto Caguioa, inflicting upon the latter the following injuries:

- Stab wound lumbar area (L)

- Zci stab wound lumbar area (L) penetration perforation

jejunum prox tst.

- Laceration thinner upper pale (L)

Operation: Expeoratory Laparatomy Procedure Interroraphy Neophorraphy
the accused having thus performed all the acts of execution which would
have produced the crime of Murder as a consequence but which
nevertheless did not produce the felony by reason of causes independent
of the will of the accused and that is due to timely and adequate medical
assistance rendered to said Ernesto Caguioa, which prevented his death,
to his damage and prejudice.

PLEA BARGAINING

No Plea-bargaining agreement entered into.

ADMISSIONS AND STIPULATOIN OF FACTS

By the Defense

The Defense Counsels admitted the genuineness and due execution of the
following documents:
a. Affidavit of the Physician
b. Affidavit of the complainant

By the Prosecution

The Prosecution admitted the genuineness and due execution of the

following documents:
a. Counter-affidavit of Accused

ISSUE TO BE TRIED

Defendants submit the following issue:

Whether the guilt of accused frustrated murder has been proven

beyond reasonable doubt.

DOCUMENTS OR EXHIBITS TO BE PRESENTED

 Plaintiff reserves the right to present any and all documentary
evidence, which shall become relevant to rebut plaintiff’s claims in the
course of trial.

WITNESSES

Plaintiff intends to present the following witnesses

Dr. Carlito V. Arenas, Physician at the Lingayen District Hospital, to

testify that the possibility of death from such wounds

Plaintiff reserves the right to present such other witnesses whose

testimony will become relevant as the need may arise in this case.

RESORT TO DISCOVERY

Considering the issue presented, plaintiff does not intend to avail of

discovery at this time;

Subject, however, to a concrete and reasonable request for discovery

from plaintiff, defendants reserve the right to resort to discovery before trial.

AVAILABLE TRIAL DATES

July 5, 2001; July 12, 2001; July 19, 2001; and July 26, 2001

WHEREFORE, the defendants respectfully pray that the foregoing be

taken cognizance of.

Tacloban City. June 18, 2001

JOSE URVILLE DON MALIPER