REPUBLIC OF THE PHILIPPINES

SIXTH JUDICIAL REGION

MUNICIPAL TRIAL COURT IN CITIES
BACOLOD CITY
BRANCH 001

PEOPLE OF THE PHILIPPINES

-versus- FOR: Slight Physical Injuries

Article 266 of the
Revised Penal Code

RUFINA L. CALIWAN
x-----------------------------------------------x

PRE-TRIAL BRIEF OF THE DEFENSE

DEFENDANT, by counsel and through this Honorable

Court, respectfully submits this pre-trial court’s order dated,
March 19, 2016.

I. SUMMARY OF ADMITTED FACTS, PROPOSED

STIPULATION OF FACTS AND DEFENSES

The defendant hereby admits the following facts:

I.1. The identity of the private complainant, Rhodora

Pasilona;
I.2. The date and time of the commission of the offense;

Furthermore, the defendant respectfully proposes the

following facts:

I.3. Rhodora Pasilona provoked the being of the

defendant during the conciliation proceedings;
I.4. Despite the effort of the defendant to ignore the
bashing and swearing, Rhodora Pasilona consistently
uttered words that would blacken the defendant’s
reputation;
 I.5. Rhodora Pasilona uttered these words amidst the
presence of the neighbors one time and several more
occurred afterwards;

The defendant, moreover, raises the following defenses:

I.6. The allegations were the results of the private

complainants relentless bashing and name swearing
upon the defendant;
I.7. The resultant occurrences were mere acts of self-
defense.

II. EVIDENCE FOR MARKINGS

II.1. The sworn affidavit of Purita Limpio.

Purpose: To attest that prior to the alleged commission
of the offense, several circumstances of name-swearing
and attacking occurred against the person of the
defendant which accumulated over time.

II.2. The barangay conciliation proceedings’ certificate.

Purpose: To prove the defendant’s willingness and good
faith in trying to resolve the matter with the private
complainant and Mr. and Mrs. Ocampo.

III. ISSUE

III.1. Whether or not the justifying circumstance of self-

defense is applicable;
III.2. Whether or not the defendant is justified in
committing the crime charged.

IV. WITNESSES

IV.1. Purita Limpio to testify on the contents of her sworn

affidavit and strengthening the defendant’s claim
that the alleged unjustified attack was in fact,
justified.
IV.2. Junny Dip to testify the defendant’s presence thus
proving the defendant’s good faith and pure intention
of settling the issue amicably.
 V. TRIAL DATES

Specifically all Fridays of the month, with the regular

appearance of the undersigned counsel before this
Honorable Court.

RESPECTFULLY SUBMITTED.
Bacolod City, Philippines, March 2, 2015.

ATTY. FELIMON SY
Notary Public
Notary Public for Bacolod City, Negros Occidental
Until December 31, 2016
Office: 13F Kung Sin O Bldg., No. 69, Mabilog Rd., Bacolod City
Roll No. 57202 – 03/22/2016
IBP Lifetime Roll No. 100293; 01/05/15
PTR No.023456; 01/05/16
MCLE Compliance Cert. No. 097654; 01/05/16

Copy furnished:

ANGELINA DIOLY
Assistant City Prosecutor
Office of the City Prosecutor of Bacolod
Bacolod City

Received by: ___________

Date: ___________