REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT BRANCH 256 MUNTINLUPA CITY

CRIM CASE NO. TG-1234-56

PEOPLE OF THE PHILIPPINES, Plaintiff, -versusFAIZAL MENDOZA Y LUCIANO Defendant. xx PRE-TRIAL BRIEF OF THE PROSECUTION The People, by the undersigned prosecutors, and unto this Honorable Court, respectfully submits this pre-trial brief as follows: SUMMARY OF FACTS AND ADMITTED STIPULATION OF FACTS: 1. That the deceased, John Mark Bote y Yap, is a minor, 15 years of age and born on August 13,1994; 2. That the accused who caused the death of John Mark is Faizal Mendoza y Luciano, a minor, 16 years of age when the killing happened; 3. That the deceased and the accused are residents of Southville 3 Poblacio, Muntinlupa City; 4. That the killing happened on or about 6:00 pm of July 6, 2010 during a birthday celebration; 5. That the victim and the accused were both in the celebration; 6. That the incident was witnessed by John Marks friends, Roberto Dela Cuesta y Moises and Michael Pagador y Secuya, among others; 7. That the accused Faizal went out of the room and started vomiting due to alcohol intake; 8. That the accused Faizal immediately walked towards John Mark and asked the latter to talk with him outside the house;

9. That John Mark, refused the accuseds order, however, the John Mark followed the latter because of his repeated demands; 10. That when the two were about to leave the house, Faizal immediately did there and then willfully mauled John Mark; 11. That the mauling happened so abrupt which surprised the guests and made them pacificate the two; 12. That Christopher Bautista, one of the eye witnesses, came in between to get Faizal away from John Mark; 13. That Faizal was holding a 6 to 7 inches knife during the mauling incident; 14. That Faizal during the mauling incident, did there and then willfully stabbed John Mark on his trunk using the 6 to 7 inches knife he was holding; 15. That John Mark was attacked by Faizal so abrupt that the former was not in the position to defend his self; 16. That when the guests were able to stop Faizal, they saw John Mark fell on the sofa; 17. That when John Mark fell on the sofa, he already suffered a stab wound caused by Faizal; 18. That Christopher Bautista succeed in stopping the two but it was too late as John Mark was already stabbed on his trunk; 19. That John Mark was rushed into the hospital but unfortunately he died because of the deep stab caused by Faizal. EVIDENCE FOR MARKINGS ISSUES: 1. Whether the accused committed the crime of murder against the deceased; 2. Whether the accused is guilty of the crime thereof.