REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

12TH JUDICIAL REGION
BRANCH 14
CEBU CITY

THE PEOPLE OF THE PHILIPPINES

Criminal Case No. 39, 290-87
FOR: RAPE
Complainant,

-versus-

Berlin Zamora

Accused,
x-------------------------------------------------x

PRE-TRIAL BRIEF OF THE ACCUSED

ACCUSED, through the undersigned counsel, before this Honorable Court, respectfully
submits this Pre-Trial brief:

I. SUMMARY OF ADMITTED FACTS, AND PROPOSED STIPULATION OF

FACTS
The accused admits the following:
1. That the identity of the one charged in the information and that of the person
arraigned is one and the same;
2. That I am the defendant in the case;
3. The identity of the offended party, Tokyo Maharlika;
4. That Tokyo Maharlika and I are lovers, and whatever happened between us was
voluntary;
5. That on December 21, 2012, our anniversary, we met at Cebu Church, went to
Davao City, and proceeded to the motel;
6. That Tokyo Maharlika refused to go home and wanted to elope with me;
7. That what I have done in having an affair with Tokyo Maharlika may have
crossed some moral boundaries, but I did not commit the crime of rape.
II. ISSUE TO BE TRIED
Whether the accused is guilty of the crime charged.

III. EVIDENCE FOR MARKINGS

1. Affidavit of the accused, Berlin Zamora-----------------------------------------Exhibit “A”
A sworn written statement to prove that the acts of the accused did not constitute the
crime of rape;
2. Affidavit of witness, Muscow Marudo-------------------------------------------Exhibit “B”
A sworn written statement to prove the romantic relationship between the complainant
and the accused;
3. A copy of complainant’s note-----------------------------------------------------Exhibit “C”
A hard copy of one of complainant’s love notes where she marked December 23 as “My
honey’s birthday”, referring to the birthday of the accused;
4. A copy of complainant’s note-----------------------------------------------------Exhibit “D”
A hard copy of one of complainant’s love notes where she made a countdown leading to
the day of the birthday of the accused;
5. A copy of complainant’s note-----------------------------------------------------Exhibit “E”
A hard copy of one of complainant’s love notes where she wrote “Happy Valentines, hun!
I love you mwah mwah mwah!!!”, which she gave to the accused.

IV. NAME OF WITNESSES

1. Accused Berlin Zamora- he will testify on his own behalf to prove his innocence;
2. Muscow Marudo – he is a common friend of both the complainant and the
accused and he will testify to prove the relationship between the complainant and
the accused.

V. TRIAL DATES
Specifically all Fridays of the month, with the regular appearance of the undersigned
city prosecutors before this Honorable Court.

RESPECTFULLY SUBMITTED.
 Cebu City, August 10, 2013.

FELIPE LAW OFFICE

Bocobo, Manila City

By:

Atty. Patricia Felipe

Defense Counsel
Roll No. 68999 / 5-2-07
IBP. No. 789084 / 12-29-07
MCLE Compliance No. 890590 / 12-20-07
PTR No. 345667 / 01-05-08

Copy furnished:
PROS. GEORGE M. SUNGSON
City Prosecutor
City Prosecution Office
Hall of Justice
Piapi, Dumaguete City

PROS. ROSEL Q. ERAMES

Asst. City Prosecutor
Dumaguete City Prosecution Office

Received by:___________
Date: ___________