Republic of the Philippines

Regional Trial Court

10th Judicial Region
Branch 29
Surigao City

THE PEOPLE OF THE Criminal Case No. 67890

PHILIPPINES FOR: RAPE
Plaintiff,

-versus-

ROLANDO A. BALBIN

Accused,
x---------------------------------------------x
Republic of the Philippines )
City of Surigao ) ss

PRE-TRIAL BRIEF OF THE ACCUSED

ACCUSED, through the undersigned counsels, before this Honorable

Court most respectfully submits this Pre-Trial Brief and states the following;

SUMMARY OF ADMITTED FACTS AND

PROPOSED STIPULATION OF FACTS

1. That the accused admits the identity of the private complainant, Maria
F. Calay;

2. That the accused and private complainant are classmates duly enrolled
at Saint Paul University- Surigao City;

3. That the accused and private complainant are sweethearts before April
11, 2015;

4. That on April 11, 2015, around 10 o’clock in the morning the private
complainant visited the residential house of the accused;

5. That on April 11, 2015, the accused and private complainant were
kissing and petting then eventually had sexual intercourse and that the
 accused did not coerced nor force the private complainant but
voluntarily agreed on the acts they did;

6. That on April 11, 2015, the accused and private complainant had an
argument regarding a text message from one of the ex-girlfriend of the
accused and that the private complainant became jealous.

ISSUES TO BE TRIED

1. Whether or not the accused, Rolando A. Balbin and private

complainant, Maria F. Calay are sweethearts;

2. Whether or not the accused, Rolando A. Balbin is guilty of rape beyond

reasonable doubt.

EVIDENCE FOR MARKINGS

1. Counter-Affidavit of Rolando A. Balbin-----------------------Exhibit “1”

Purpose: to prove that he and the private complainant are sweethearts
and that no rape was committed on April 11, 2015

2. Affidavit of Witness ----------------------------------------------Exhibit “2”

Purpose: to prove that the accused and private complainant are
sweethearts

3. Affidavit of Witness ----------------------------------------------Exhibit “3”

Purpose: to prove that on April 12, 2015, private complainant
threatened to file a rape case against the accused if he refused to marry
her

4. Pictures of the accused and private complainant------------- Exhibit “4”

Purpose: to prove that accused and private complainant are
sweethearts before April 11, 2015

WITNESSES TO BE PRENTED

1. Rolando A. Balbin – to testify that there was voluntary sexual

intercourse between him and the private complainant. He will detail to
the court what really transpired on April 11, 2015

2. John Lloyd Cruz – to testify that the private complainant and accused
are sweethearts

3. Teres A. Babin – to testify that the private complainant threatened to

file a case of rape against the accused if he refused to marry her
 TRIAL DATES

Specifically all Fridays of the month, with the regular

appearance of the undersigned city prosecutors before this Honorable
Court.

RESPECTFULLY SUBMITTED. December 18, 2015, Surigao City,

Philippines.

ATTY. ANALEE S. ALVERASTINE

Public Attorney
Roll of Attorneys No. 62098
IBP No. 976867/ Surigao City/April 2, 2016
MCLE Exempt
PTR Exempt

And

ATTY. ANNE MARIE D. FORTUS

Public Attorney
Roll of Attorneys No. 72582
IBP No. 976876/ Surigao City/April 2, 2016
MCLE Exempt
PTR Exempt

Copy furnished:

MARIA F. CALAY
Purok 6, Brgy San Juan
Surigao City.