Republic of the Philippines

MUNICIPAL TRIAL COURT

Baganga, Davao Oriental

PEOPLE OF THE PHILIPPINES, CRIMINAL CASE NO.

Plaintiff, 3002-2017-CR

-versus- FOR: CONCUBINAGE

MR. ELIAS MACATOL and

MS. MAGDALENA PINILI
Accused.
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PRE-TRIAL BRIEF FOR THE PROSECUTION

The undersigned Provincial Prosecutor, and unto this

Honorable Court, most respectfully avers:

STATEMENT OF THE CASE

On February 14, 1998, private complainant MILAGROS D.

BALICAN-MACATOL (Milagros) and accused ELIAS MACATOL
(Elias) were legally married at the Immaculate Concepcion Parish,
Baganga, Davao Oriental. They have two (2) children, Julie Ann and
Joanna May, born in 1998 and 2000, respectively.

In 2002, private complainant was offered an opportunity to

work as a nurse in Alberta, Canada and left the country in April 2003
despite oppositions of her husband. After five (5) continuous years of
staying in Canada, she was able to petition her children to live with
her abroad with the exception of her husband who insisted of
returning in the Philippines.

Private complainant knew about her husband’s affair through

their daughter, Julie Ann, when the latter went on vacation in the
Philippines in 2014 where she met accused, MAGDALENA PINILI
(Magdalena) for the first time. Julie Ann became suspicious with
regard the true relation of her father and Magdalena which was later
confirmed by their former household helper, Musa Catulong.

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 In July 2014, upon the return of Julie Ann to Canada, she told
her mother about the extramarital affair of her father with Magdalena
which has been going on since June 2004 up to the present. Julie Ann
also said that Magdalena had been living in their home in Sitio
Dawis, Central, Baganga, Davao Oriental and sleeps in the same
room with her father despite Magdalena’s knowledge that Elias was
legally married to Milagros.

In December 2017, Milagros filed a complaint against her

husband Elias and his paramour Magdalena accusing both of the
crime of concubinage, defined and penalized under Article 334 of the
Revised Penal Code, having willfully, unlawfully and feloniously
cohabiting as husband and wife, to the damage and prejudice of the
private complainant and her children.

POSSIBILITY OF AMICABLE SETTLEMENT

The private complainant, if only to help the court in disposing

this case, remains open and willing to resort to mediation or other
modes of alternative dispute resolution and settle the case amicably
with the accused under terms and conditions consistent with law,
justice and equity.

PROPOSED STIPULATION
AND/OR ADMISSION OF FACTS

1. The private complainant Milagros D. Balican-Macatol and

accused Elias Macatol are legally married;

2. Accused Magdalena Pinili had full knowledge of the fact of

marriage between private complainant Milagros D. Balican-
Macatol and co-accused Elias Macatol;

3. The authenticity and due execution of the documents.

ISSUE TO BE RESOLVED

Whether or not the accused are guilty of the crime of concubinage.

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 EXHIBITS TO BE PRESENTED

1. Exhibit “A”, certified true copy from the Local Civil Register of
the Marriage Contract of Elias Macatol and Milagros D.
Balican-Macatol: To prove that the said parties were legally
married;

2. Exhibit “B”, TCT No. T-123456: To prove that the dwelling

place where the accused are currently living is a conjugal home
registered under the name of “Elias Macatol married to
Milagros D. Balican-Macatol”.

Private complainant Milagros D. Balican-Macatol reserves the

presentation of other documents in the course of the trial.

WITNESSES TO BE PRESENTED

1. JULIE ANN MACATOL. Purpose: To identify the accused

Magdalena Pinili as his father’s paramour; to narrate the
incidents which would establish that the said accused is living
in the conjugal home of her parents;

2. MUSA CATULONG. Purpose: To identify the private

complainant and accused; to narrate the incidents that would
establish that the accused have been living together as husband
and wife;

3. CARIDAD REHISTRO, Records Custodian of the Local Civil

Register of Baganga, Davao Oriental. Purpose: To identify and
certify the authenticity of the Marriage Contract of Elias
Macatol and Milagros D. Balican-Macatol;

4. ROMULO CUSTODIO, Records Custodian of the Register of

Deeds of Baganga, Davao Oriental. Purpose: To identify and
certify the authenticity of the Transfer Certificate of Title
covering the house and lot registered under the name of “Elias
Macatol married to Milagros D. Balican-Macatol”.

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 Private complainant Milagros D. Balican-Macatol reserves the
identification and presentation of other witnesses in the course of the
trial.

APPLICABLE LAW AND JURISPRUDENCE

The prosecution will cite the applicable and relevant provisions

of the Revised Penal Code and the applicable jurisprudence and
Supreme Court decisions on cases involving concubinage in the
course of the trial.

DATES OF HEARING

The prosecution would need around two (2) trial dates. The
prosecution would also depend on the dates agreed upon by the
parties.

Respectfully submitted this 04 January 2018 at Davao City,

Philippines.

ATTY. MEL CATHERINE MIRANDA

Prosecutor III
Roll No. 88124
PTR No. 1234567-A, 1/3/2018; Davao City
IBP Member Roll No. 00890, 1/3/2018; Davao City
MCLE Compliance No. II-000456
For the 2nd Compliance
September 20, 2017, M.M.

Copy furnished by personal service:

Atty. Francis Anthony Alpas

Counsel for Accused
Alpas, Lomondot & Jardinel Law Firm
Room D-100, Dotterweich Building
E. Jacinto Street, Davao City