Republic of the Philippines

Sixth Judicial Region

REGIONAL TRIAL COURT
Branch___
Roxas City

PEOPLE OF THE
PHILIPPINES Criminal case no.: 123
Plaintiff, For: Violation of Art. 248 of
the Revised Penal Code
-versus- otherwise known as
Frustrated Murder,and
Sexual Abuse on a minor
PO2 ALIPIO BALO and PO1
MICHAEL TOMAS

Accused.
x-----------------------------------------------x

PRE-TRIAL BRIEF OF THE PROSECUTION

THE PEOPLE OF THE PHILIPPINES, through the undersigned City

Prosecutor, before this Honorable Court, most respectfully submit this Pre-Trial
Brief:
SUMMARY OF ADMITTED FACTS
AND PROPOSED STIPULATION OF FACTS
The following are the admitted facts:
1. the identities of those charged in the information and that of the
persons arraigned are one and the same;
2. the identity of Jaypee Bertes and his father, the victim;
3. the killing of the victim;
4.the identity of the two-year child, the victim of abuse; and
5. the date and places of the commission of the crime.
EVIDENCE FOR MARKINGS
1. Affidavit of the neighbor Juan Dela Cruz
Purpose: to prove that he was already inside his house with his family when the
killing took place and that the accused barged his house in the middle of the
night;
2. Affidavit of the Barangay Chairma Luis Mantal
Purpose: to certify that Jaypee Bertes was arrested without a warrant in their
barangay when the crime happened and that he saw what happened that night;
3. Affidavit of Hanna Kazuo
Purpose: to prove that the arrest was illegal and to narrate the true story behind
the said crime;
3. Autopsy Report of Manish Agarwal, M.D. assisted by Victoria Witte,
M.D.conducted
Purpose: to prove the extent of the injury and the cause of death of the victim;
4. Paraffin test result
Purpose: To prove that accused became positive of gun powder burns.
5. Anatomical Sketch
Purpose: To prove which part of the victims body was shot and the nature,
extent and location of wound.
6.Ballistics Test result
Purpose: To prove that the slug recovered from the victims body came from the
same gun which was recovered from the possession of one of the policemen in
Pasay Station
7. Fired Shell
8. Three live ammunitions
9. .45 caliber pistol
ISSUES
1. Whether or not the accused committed the crime charged;
2. Whether or not they were guilty thereof.
WITNESSES
1. Juan De La Cruz to testify that the arrest in the house of Bertes on the
said time of the arrest;
2. Chairman Luis Mantal to certify that Jaypee Bertes was arrested
without a warrant in their barangay when the crime happened and that he saw
what happened that night;
3. Hanna Kazuo to prove that the arrest was illegal and to narrate the
true story behind the said crime;
4. Manish Agarwal, M.D. assisted by Victoria Witte, M.D. to prove the extent of
the injury and the cause of death of the victim; and D to testify that she
conducted the post mortem examination of Jaypee Bertes and to attest to the
veracity of her findings in the autopsy report.

5. ChaCha Yu testify that he was the police officer who went to the scene
of the crime and arrested the accused.

6. Police Senior Inspector Tony Pet to testify that he conducted the

ballistics examination and to attest to the veracity of his findings in the said
report.
 7. Chemist Dionisia Pacquio to testify that she conducted a paraffin test to
the accused and to attest to the veracity of her findings in the said report.

TRIAL DATES
Specifically all Fridays of the month, with the regular appearance of the
undersigned city prosecutors before this Honorable Court.
RESPECTFULLY SUBMITTED.
Pasay City, Philippines, November 5, 2016.

PASAY CITY PROSECUTORS OFFICE

By:

JC DE VERA
Assistant City Prosecutor
Roll No. 67890 / 5-2-07
IBP. No. 667899 / 12-29-07
MCLE Exempt
PTR Exempt

And

RURU MADRID
Assistant City Prosecutor
Roll No. 67891 / 5-2-07
IBP No. 667900 / 12-29-07
MCLE Exempt
PTR Exempt
Copy furnished:

ATTY. DENNIS TRILLO

Counsel for the Defense
Room 200, New Valentine Bldg.
Central Philippine University
Lopez Jaena St., Jaro, Iloilo City

Received by:___________
Date: ___________