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REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT BRANCH 256 MUNTINLUPA CITY CRIM CASE NO.

TG-1234-56 FOR: MURDER PEOPLE OF THE PHILIPPINES, Plaintiff, -versusFAIZAL MENDOZA Y LUCIANO Defendant. xx PRE-TRIAL BRIEF OF THE PROSECUTION The People of the Philippines, by the undersigned prosecutors, and unto this Honorable Court, respectfully submits this Pre-Trial Brief: SUMMARY OF FACTS AND PROPOSED 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 20. Affidavit of complainant, G. Mario Bota y Padolina, father of the victim John Mark Bote Purpose: To testify and prove that the charge being complained of is a fact and an honest allegation since the victim was alleged to have been killed by accused Faizal Mendoza y Luciano. 21. Affidavit of witnesses Roberto Dela Cuesta y Moises and Michael Pagador y Secuya Purpose: To testify that on the 6th of July 2010, while they were attending the birthday party of Lhady Jean at Phase 1, Blk. 43, Lot 18, Southville 3, Poblacion, Muntinlupa City, they saw accused Faizal Mendoza y Luciano forcing the victim to come with him so that they could talk and thenafter mauling him which led to Faizal stabbing the victim. 22. Medico-Legal report prepared by Dr. Voltaire P. Nulud by the Ospital ng Muntinlupa Purpose: to prove that the victim-complainant was stabbed by the accused which caused loss of blood and eventually the victims death. 23. Certification of Embalmer, Antonio J. Abenojar of Eastern Funeral Services Purpose: to certify that he has embalmed victim John Mark Yap Bote after having followed all the regulations prescribed by the Department of Health. 24. Initial assessment on Discernment prepared by the Social Welfare and Development Office of the City of Muntinlupa

Purpose: to prove whether or not Faizal Mendoza y Luciano has acted with discernment during the time of the murder of John Mark Yap Bote. ISSUES 1. Whether the accused committed the crime of murder against the deceased; 2. Whether the accused is guilty of the crime thereof. WITNESSES 1. Christopher Balles y Bautista to testify that the accused killed John Mark Bote 2. Roberto Dela Cuesta y Moises ,who was at the party, to testify against the accused 3. Michael Pagador y Secuya ,who was at the party, to testify against the accused 4. Lhady Jean, the celebrant, to testify against the accused 5. Mario Bote y Padolina, the father, to testify against the accused 6. Dr. Voltaire P. Nulud to testify that she conducted the post mortem examination of John Mark Bote and to attest to the veracity of said report 7. Raquel L. Dilao to testify that the accused has acted with discernment as can be seen to the assessment made by the DSWD and to attest to the veracity of the result. 8. PO1 Roslyn A. Aldos to testify that the statement of Mario Bote y Padolina is free and voluntary TRIAL DATES Specifically all Fridays of the month, with regular appearance of the undersigned city prosecutors before this Honorable Court. RESPECTFULLY SUBMITTED. Muntinlupa City, Philippines, July 31, 2013
MUNTINLUPA CITY PROSECUTORS OFFICE

2nd and 3rd Floor,Doa Zoila Building, Brgy. Putatan, National Road, Muntinlupa City
By:

PHILIP WILLIAM C. ALTARES

Assistant City Prosecutor Roll No. 67890 / 5-2-07 IBP. No. 667899 / 12-29-07 MCLE Exempt PTR Exempt
And

Assistant City Prosecutor Roll No. 67891 / 5-2-07 IBP No. 667900 / 12-29-07 MCLE Exempt PTR Exempt
Copy furnished: ATTY. KAYREL V. PADILLA Counsel for the Defense Unit 425, Studio One Filinvest Corporate City Alabang, Muntinlupa City

NEIL OWEN B. DEONA

Received by:___________ Date: ___________