Вы находитесь на странице: 1из 3

Republic of the Philippines

CITY PROSECUTION OFFICE


Makati


PEOPLE OF THE PHILIPPINES
Plaintiff,

-versus-

JOSE SARMIENTO y MABANTA
(324 Leon Guinto St., Paco, Manila)
Accused.

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



CRIM. CASE NO. 09-98765
For: Violation of R.A. 9165, Sec. 5 (e)


PRE-TRIAL BRIEF

ACCUSED, Jose Sarmiento y Mabanta, by and through the undersigned counsel and unto this
Honorable Court, most respectfully submits this pre-trial brief:


STATEMENT OF PLAINTIFF CLAIMS
1. Plaintiff claims that she is the girlfriend of Jose M. Sarmiento for almost three years.
2. Plaintiff claims further that she and the accused got into a heated argument on June 1,
2009. That to make it out to her, the accused asked her out the following day, June 2,
2009.
3. Plaintiff claims that the she and the accused went to a bar at around eight oclock in
the evening on June 2, 2009. They left the bar at around two oclock in the morning of
June 3, 2009.
4. Plaintiff claims that on their way home another heated argument ensued. That the
accused started to hit her which resulted to the injuries that she suffered.

STATEMENT OF DEFENDANTS DEFENSES
1. Defendant, in his Answer, averred that he and the plaintiff were in a relationship for three
years. That they had a heated argument on June 1, 2009 and that they went out for a
date on June 2, 2009.
2. Defendant claims that they stayed in a bar from eight oclock in the morning up to two
oclock in the morning of the following day, June 2, 2009. During their stay in the bar,
plaintiff drunk alcoholic beverages.
3. That on their way home, another heated argument ensued. The plaintiff started to hit her
and he has no other option but to stop the car in the shoulder of a dark street. Plaintiff
followed her but because she is drunk and it was dark, plaintiff lose her balance and fell
on the ground. She lose her consciousness and was brought to the hospital by the
accused.

POSSIBILITY OF AMICABLE SETTLEMENT
That the accused is open and willing to submit this case to any alternative mode of dispute
settlement and likewise they are willing to settle this case amicably provided that the terms and
conditions thereof are fair and reasonable.


AVAILABLE TRIAL DATES

The undersigned counsel is available for trial on any of the dates of August 12, 19, and 26,
2009. The undersigned counsel also respects the calendar of this Honorable Court and agrees to
other dates that may be set during the pre-trial as may be convenient to the counsel for the plaintiff
and the Honorable Court.

RESPECTFULLY SUBMITTED.
Marikina City for Makati City, 7 July 2009.


ISRAEL ABCEDE DAMASCO
Roll No. XXXXXX
IBP No. XXXXXX; Marikina City; 4 Jan. 2009
PTR No. XXXXXXX; Marikina City; 4 Jan. 2009



EXPLANATION
(in accordance with Rule 11, Section 13 of the 1997 Rules of Civil Procedure)

Due to lack of personnel to effect personal service, a copy of this pleading was served upon
plaintiff through registered mail.

Israel Abcede Damasco

Copy Furnished:

Miguel F. Fule
Assistant City Prosecutor
City Prosecution Office
Makati City