REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION
BRANCH 1, MANDALUYONG CITY

PEOPLE OF THE PHILIPPINES,

Plaintiff, IS No. _________________

For: GRAVE ORAL DEFAMATION

Under Article 353 in relation to Article
358, Revised Penal Code

-versus-

ROSALINDA RAMOS,
Accused.
x-----------------------x

PRE-TRIAL BRIEF OF THE DEFENSE

Herein ACCUSED, through the undersigned counsel before this

Honorable Court, most respectfully allege that:

THE PARTIES

1. The private complainant is Marimar Dela Cruz, incumbent Mayor of

Mandaluyong City, of legal age, married, Filipino citizen and residing
at #69 Wack Wack Subdivision, Mandaluyong City.
2. The accused is Rosalinda Ramos, City Treasurer of Mandaluyong, of
legal age, married, Filipino citizen and residing at #38 A Bonifacio,
Hagdan Bato Libis, Mandaluyong City.

FACTS OF THE CASE

1. As a City Treasurer, the accused attended the Mandaluyong City

Employees Christmas Party which was held inside the City Hall on 23
December 2015.
2. She sat beside Juana A. Dela Cruz, an employee of the DILG;

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3. They have had a discussion regarding the current news among the
politicians ( Sen. Enrile, Sen. Revilla, Sen. Estrada, etc) and were able to
express their views/opinions.
3.1The main topic of their discussion was about corruption which
tainted the character of the politicians, in general, in the eyes of the
citizenry.
3.2 In the course of their discussion, she (the accused) mentioned,
GRABE NA TALAGA!, ANG MGA POLITICIAN NGAUN
MGA CORRUPT NA. TIGNAN MO GINAGAWA, SILA NA
NAGNANAKAW SA KABAN NG BAYAN.
4. While they were having these discussions, the private complainant
delivered her speech.
5. The accused uttered these statements, in her normal tone of voice
and it did not make any annoyance, disturbance nor discredit the Mayor
during our Christmas Party.

SUMMARY OF ADMITTED FACTS

The following are the admitted facts:

1. The identity of the person charged in the information and that of
the person arraigned is one and the same;
2. The identity of Marimar Dela Cruz, the complainant in the
criminal information;
3. The date and place of the commission of the crime;
4. The jurisdiction of this Honorable Court.

WILLINGNESS TO ENTER INTO AMICABLE SETTLEMENT

Defendant is not open for an amicable settlement.

EVIDENCE FOR MARKING

1. Affidavit of the accused - ROSALINDA RAMOS

Purpose: To serve as her direct testimony.
2. Affidavit of defense witness - JUANA A. DELA CRUZ
Purposes: (a) To prove that the accused had a discussion with the
abovementioned witness; (b) That she just expressed her honest opinion
regarding corruption of public officials; (c) That she did not identify the
complainant as a theft nor corrupt; (d) That her statements were taken out
of context; and (e) that she did not shout any defamatory remarks during
the speech of the complainant.

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 ISSUES

1. Whether or not the accused committed the crime charged; and

2. Whether or not the accused is guilty thereof.

WITNESSES

1. ROSALINDA RAMOS in her capacity as accused.

2. JUANA A. DELA CRUZ- to corroborate the testimony of the
Accused.

The accused reserves the right to present other witnesses and

documentary exhibits in the course of the trial.

APPLICABLE LAWS

Pertinent provisions of the Revised Penal Code, particularly Article

353 in relation to Article 358, and related jurisprudence thereof.

TRIAL DATES

Herein accused respectfully requests for a continuous trial if the

calendar allows it.

Respectfully submitted.
MANDALUYONG CITY, January 4, 2016.

ATTY. DERECK RAMSEY

Defense Counsel

Copy furnished:

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ATTY. ALDEN RICHARD DE LEON
City Prosecutor

EXPLANATION
Due to lack of messengerial services to effect personal service, a
copy of the foregoing Pre-Trial Brief was sent to the Office of the City
Prosecutor through registered mail.

ATTY. DERECK RAMSEY

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