Republic of the Philippines

REGIONAL TRIAL COURT

Sixth Judicial Region
Branch 54
Bacolod City

PEOPLE OF THE PHILIPPINES,

Complainant,

-versus- Crim Case No. 08-31133

JULIUS BELLEZA & RICHARD

TRABACO alias "NONOY",
Accused.
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PRE-TRIAL BRIEF

Accused Julius Belleza, by counsel, most respectfully submits his

pre-trial brief, as follows:

I. BRIEF STATEMENT OF FACTS

1.1 Accused Julius Belleza is being charged with the crime of “Murder”
(Art. 248, Revised Penal Code) for allegedly conspiring with his co-accused
Richard "Nonoy" Trabaco in the shooting of a certain Joel Omandac y
Alfeche, inflicting upon the latter gunshot wounds resulting in his death.

1.2 Accused vehemently denies having shot said Joel Omandac, as the
truth of the matter is that accused was highly inebriated and left the videoke
store of Renato Belleza early in the evening of May 25, 2007, and was not
present during the alleged shooting of the victim. There is likewise no truth
to the allegation that accused fled after the shooting incident, the truth being
that he was in open communication with the wife and father of the victim,
Margie Omandac and Juanito Omandac, who had in fact executed an
Affidavit of Desistance dated January 11, 2010 subscribed before the Office
of the Provincial Prosecutor.

II. DEFENSES

2.1 Accused interposes the defense of denial.

2.2 The Accused reserves the right to raise such other defenses that may
become apparent in the course of the presentation of evidence and
trial.

III. STIPULATION OF FACTS

 Subject to a concrete proposal for stipulation of facts from the
prosecution, the Accused makes no admission of facts.

IV. ISSUES

Accused submits the issue of whether or not reasonable doubt exists to

justify the acquittal of the Accused.

V. EVIDENCE

A. Documentary Evidence

1. Affidavit of Desistance dated January 11, 2010 executed by Margie

Omandac and Juanito Omandac

B. Witnesses

Accused intends to present the following witnesses:

1. Margie Omandac, wife of the victim Joel Omandac, who will

testify on her execution of the Affidavit of Desistance dated
January 11, 2010.

2. Juanito Omandac, father of the victim Joel Omandac, who will

testify on his execution of the Affidavit of Desistance dated
January 11, 2010.

3. The Accused himself, who will testify on the true circumstances

establishing his innocence of the offense charged against him.

Accused reserves the right to present additional documentary and

testimonial evidence in the course of the trial, if necessary.

VI. AVAILABLE TRIAL DATES

Counsel for the Accused proposes the following dates for the trial of
this case: August 29, 2014, September 26, 2014, and October 31, 2014, or on
such dates as may be convenient to the calendar of the Honorable Court.

Most respectfully submitted.

Bacolod City, July 28, 2014.

MICHELLE VARCA GONZAGA

 2nd Flr. St. Therese Bldg.
Cor. Rizal-Locsin Sts. Bacolod City
Tel. No. 434 0049
Roll No. 49584
MCLE III No. 0007558/1-19-2010
IBP No. 929334/1-3-2014/Bacolod City
PTR No. 5447803/1-3-2014/Bacolod City

COPY FURNISHED:
Hon. Pros. Elsie Sendico
Office of the Provincial Prosecutor, Hall of Justice, Bacolod City