Republic of the Philippines

REGIONAL TRIAL COURT

6TH Judicial Region
City of Bago
Branch ___
-oOo-

PEOPLE OF THE PHILIPPINES,

Complainant,

Crim. Case No. _____________

-versus- For: Homicide

RODI R. DUTS,
Accused.
x----------------------------------------x

PRE-TRIAL BRIEF
[For Accused Rodi R. Duts]

COMES NOW, herein Accused Rodi R. Duts, by the

undersigned counsel and unto this Honorable Court, most
respectfully submits this Pre-Trial Brief, to wit:

THE POSITION OF THE ACCUSED

Accused Rodi R. Duts was implicated in the charge for

Homicide under Article _________ of the Revise Penal Code
before the Bago City Prosecutor’s Office. Defendant refutes all
the baseless allegations against him as what transpired on
December 9, 2019 was a result of a complete self-defense.

PROPOSED STIPULATION OF FACTS

The Accused offers the following facts for the Prosecution

to stipulate in addition to the admissions they have already
made in their respective pleadings:

1. The identity of the accused and the jurisdiction of this

Honorable Court are admitted.

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2. Prior to the incident that happened on December 9, 2019,
Ben Tofu extorted and tried to extort money from Accused
on October 5, 2019, October 31, 2019 and November 5,
2019.

3. After failing to extort money from Accused on November 5,

2019, Ben Tofu started to send threats to Accused which
the Accused reported to the police.

4. On December 9, 2019 at around 5:30 PM, it was Ben Tofu

who confronted Accused at Ditching Sari-Sari Store. Ben
Tofu made a commotion thereat by hitting Accused’s plate
of pancit canton, yelling, and trying to extort money from
Accused. When Accused tried to leave peacefully, it was
again Ben Tofu who grabbed Accused’s hand, tried to
choke him, and took hold of Accused’s duly registered gun.
When Accused was finally able to disarm Ben Tofu, the
latter was the first to hit Accused on the head with a large
rock causing the Accused to bleed. When Ben Tofu was
able to reach Victor Espina’s gun (which Espina slid to the
direction of Ben Tofu) and was ready to fire at the bleeding
Accused, the latter had no other choice but to fire his gun.

5. After what happened at Ditching Sari-Sari Store, Accused

was treated at Bago City Hospital for his head injury and
was given a prescription.

6. The complaint against Accused was based mainly on the

recollection of events and statements made by Victor
Espina, the father/founder of the Gorilla Gang, to whom
Ben Tofu belonged as a notorious gang member.

7. While Victor Espina was present at the crime scene, he did

not pacify the aggression of Ben Tofu towards Accused.
Instead, Victor Espina was even the one who provided his
own gun to Ben Tofu to be used against Accused when Ben
Tofu was finally disarmed of Accused’s gun.

8. The gun of the Accused is a licensed gun and Accused has

a permit to carry and license to possess and carry said
firearm.

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 ISSUES

Whether Accused can be held criminally liable for the

crime charged.

THE LAW INVOLVED

1. Pertinent provisions of the Revised Penal Code and the

Revised Rules of Court of the Philippines

2. Related jurisprudence as promulgated by the Supreme

Court of the Philippines

WITNESSES
1. The accused himself, to testify that he did not commit
the crime charged as well as all other circumstances
that will prove the justifying circumstance of self-
defense.

2. Witness Jose Marty Stop, to testify that Accused only

acted on self-defense and that even before December
9, 2019, Ben Tofu had been aggressive towards
Accused.

3. Witness Donita Stop, to testify that Accused only acted

on self-defense, that it was Victor Espina who provided
a gun to Ben Tofu when he was disarmed with
Accused’s firearm and that even before December 9,
2019, Ben Tofu had been aggressive towards Accused.

The undersigned respectfully reserves to present

additional witnesses as it may deem necessary during the
course of trial.

EXHIBITS

Affidavit of Jose Marty Stop Exhibit “1”

Affidavit of Donita Stop Exhibits
“2”
Police Blotter issued by Police Exhibits
Senior Inspector Giov Sar “3”

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 Medical Certificate issued by Dr. Exhibit “4”
Christian Gray Bago City
Hospital
Prescription issued by Dr. Exhibit “5”
Christian Gray of Bago City
Hospital
Permit to Carry Firearms Outside Exhibit “6”
of Residence issued to Rody Duts
License to Own and Possess Exhibit “7”
Firearms issued to Rody Duts

The Accused respectfully reserves to present additional

exhibits as it may deem necessary during the course of
litigation.

POSSIBILITY OF AMICABLE SETTLEMENT

The Accused is still open to the possibility of entering into

a reasonable and equitable compromise agreement with the
Complainant.

Most Respectfully Submitted.

Bago City, Philippines. January 2, 2019.

ATTY. CHERRY ANN MARIE MARTIR

Counsel for Rody Duts
Roll No. 658526
PTR No. 1902078– 1/6/2024
IBP No. 025694 LIFETIME MEMBER
MCLE Comp. No. VII-0006748 until 4/14/2024
Martir and Associates Law Office
Room 303, Third Floor, M &M Building, Jose Abad Santos St.,
Bacolod City

COPY FURNISHED:

Office of the City Prosecutor

Bago City

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