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    MARBELLA. PRE-TRIAL BRIEF. 07 April 2021

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    Faith Tianco Marbella
    This document is a pre-trial brief for the criminal case of People of the Philippines vs Pedro E. Dimagiba for the crime of rape. It summarizes the facts of the case, including that the accused followed, grabbed, and raped the victim against her will. It lists the issues to be tried, evidence to be presented, witnesses, and applicable laws. The prosecution requests available trial dates from the court to move forward with the case.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    MARBELLA. PRE-TRIAL BRIEF. 07 April 2021

    Uploaded by

    Faith Tianco Marbella
    78 views2 pages
    This document is a pre-trial brief for the criminal case of People of the Philippines vs Pedro E. Dimagiba for the crime of rape. It summarizes the facts of the case, including that the accused followed, grabbed, and raped the victim against her will. It lists the issues to be tried, evidence to be presented, witnesses, and applicable laws. The prosecution requests available trial dates from the court to move forward with the case.

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    Sample Pre-Trial Brief

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    This document is a pre-trial brief for the criminal case of People of the Philippines vs Pedro E. Dimagiba for the crime of rape. It summarizes the facts of the case, including that the accused followed, grabbed, and raped the victim against her will. It lists the issues to be tried, evidence to be presented, witnesses, and applicable laws. The prosecution requests available trial dates from the court to move forward with the case.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    78 views2 pages

    MARBELLA. PRE-TRIAL BRIEF. 07 April 2021

    Uploaded by

    Faith Tianco Marbella
    This document is a pre-trial brief for the criminal case of People of the Philippines vs Pedro E. Dimagiba for the crime of rape. It summarizes the facts of the case, including that the accused followed, grabbed, and raped the victim against her will. It lists the issues to be tried, evidence to be presented, witnesses, and applicable laws. The prosecution requests available trial dates from the court to move forward with the case.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    Republic of the Philippines

    Department of Justice
    Fifth Judicial Region
    Branch 52
    Sorsogon City

    PEOPLE OF THE PHILIPPINES,


    Complainant,
    Criminal Case No. 21-1234
    -versus- For: Rape

    PEDRO E. DIMAGIBA,
    Accused.
    x-------------------------------------x

    PRE-TRIAL BRIEF
    THE PEOPLE OF THE PHILIPPINES, thru the undersigned Public
    Prosecutor, unto this Honorable Court, respectfully state that:

    1. FACTS FOR ADMISSION, AGREEMENT OR STIPULATION


    a. That on 05 March 2021, at around 9:00 in the evening, Accused
    Pedro Dimagiba followed the victim, Juana A. Dela Cruz, on her
    way home;
    b. That Accused grabbed the victim and touched her against her
    will. He held her against the seawall and choked her;
    c. That the Accused commanded the victim to lower her pants but
    when the latter resisted he tightened his grip on the victim’s neck;
    d. As the victim was afraid that Accused would kill him, she obeyed
    to lower her pants. Thereafter, the Accused had carnal knowledge
    with the victim against her will; and
    e. That the Accused threatened to kill the victim should she tell
    anyone about the said incident.

    2. ISSUES TO BE TRIED
    a. Whether or not Accused is guilty of the crime of rape?

    b. Whether or not the testimonies and evidence presented are


    sufficient to convict the Accused for the crime of rape?

    3. LIST OF DOCUMENTARY EVIDENCE

    Exhibit “A” – Police Blotter, dated 12 March 2021;


    Purpose: To show that the victim, together with her mother, reported the
    incident to the police;

    Exhibit “B” – Medico-Legal Report


    Purpose: To prove that a medical examination was conducted on the victim
    and that there is a finding of hymenal lacerations on the victim indicating forced
    penetration;

    Exhibit “C” – Judicial Affidavit of JUANA A. DELA CRUZ, dated 25


    March 2021;

    Page 1 of 2
    Purpose: To prove and afford the details regarding the complained rape
    incident.

    4. WITNESSES

    JUANA A. DELA CRUZ: To testify on the facts and details regarding the
    alleged rape incident last 05 March 2021; and

    DR. ANA L. SANTOS: To identify the medico-legal report submitted as well


    as explain the findings therein.

    5. APPLICABLE LAWS AND JURISPRUDENCE

    The Revised Penal Code and Republic Act No. 8353, and such other
    laws and jurisprudence as may be applicable to the instant case.

    6. AVAILABLE TRIAL DATES

    As the calendar of the Honorable Court would allow.

    Respectfully submitted. 07 April 2021. Sorsogon City.

    FAITH TIANCO MARBELLA


    Public Prosecutor
    Roll No. 74966/05-7-1997
    IBP No. 218483/01-13-2021/Manila
    PTR No. 8875348/01-06-21/Sor. City
    MCLE Compliance No. VII-0039992/12-12-20
    #140 Brgy. Caricaran, Bacon District
    Sorsogon City
    Copy furnished:
    ATTY. JUAN M. RAMOS
    C. Building, Magsaysay St.
    Sorsogon City

    Page 2 of 2

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