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Republic of the Philippines

REGIONAL TRIAL COURT


Branch 41
Dagupan City

PEOPLE OF THE PHILIPPINES, Criminal Case No. D-


01053
Plaintiff For: MURDER

-versus-

Reynaldo Juarigue, Delfin Castillo,


Bernardo Dispo and Arthur Bauson,
Accused.

x-----------------------x

PRE-TRIAL BRIEF FOR THE DEFENSE

ACCUSED, through the undersigned counsel, before this


Honorable Court, most respectfully submit this Pre-Trial Brief:

SUMMARY OF ADMITTED FACTS

1. the identities of those charged in the information and


that of the persons arraigned are one and the same;
2. the identity of Mariano Banago, the victim;
3. the killing of the victim;
4. the time, date, and place of the commission of the crime.

PROPOSED STIPULATION OF FACTS

Between 9:00 and 9:30 p.m. of 9 April 2007, Reynaldo Juarigue,


Delfin Castillo, and Bernardo Dispo were on a tricycle driven by Arthur
Bauson. The tricycle stopped in front of the store of Dolores Soriano
because Reynaldo Juarigue’s house was just at the back of the store.
As they were alighting, Mariano Banago and Eddie Cipriano, threw
stones at them. After Reynaldo Juarigue alighted, Mariano remarked to
him: Vulva of your mother. A fist fight ensued between the two.
Meanwhile, Delfin Castillo and Bernardo Dispo chased Bonifacio Raboy
and Eddie Cipriano. Mariano Banago saw a knife on the table, got it,
and tried to stab Reynaldo Juarigue; but the latter was able to grab the
knife and stabbed Mariano Banago.

EVIDENCE FOR MARKINGS

1. Affidavit of Reynaldo Juarigue


Purpose: to prove that he admits the killing of the victim but the same
was done in self-defense;
2. Affidavit of accused Delfin Castillo, Bernardo Dispo, and
Arthur Bauson
Purpose: to prove that they were at the place where the crime was
committed but have no participation thereof;
3. Medical Report issued by Dra. Maria Cristina Tandoc, M.D. to
Reynaldo Juarige
Purpose: to prove that the accused sustained several wounds as a
result of the aggression by the victim;
4. Blotter report of San Fabian Police Station
Purpose: to prove that the accused Reynaldo Juarigue voluntarily
surrendered to the police authorities.

WITNESSES

1. Accused Reynaldo Juarigue to testify on the matters and


circumstances attending the killing of the victim;
2. Accused Delfin Castillo, Bernardo Dispo, and Arthur Bauson to
testify on their non-participation on the killing;
3. Witness Rizalino Arguelles to testify on the exchange of words
and blows between the accused Reynaldo Juarigue and the
deceased which resulted to the death of the victim;
4. Dra. Maria Cristina Tandoc, M.D. to testify on the veracity of
the findings stated in the medical report of Reynaldo Juarige.

APPLICABLE LAW

Article 11, Section 1 of the Revised Penal Code.

ISSUES

1. Whether or not the accused committed the crime charged;


2. Whether or not they were guilty thereof.

TRIAL DATES

Specifically all Fridays of the month, with the regular appearance of


the undersigned city prosecutors before this Honorable Court.

RESPECTFULLY SUBMITTED.

Dagupan City, Pangasinan, Philippines, 28 April 2008

Abrejera-Fernandez Law
Offices
Room 23, Iskolar ng Bayan
Bldg.
UP Baguio, Baguio City

By: Naomi Janille C. Abrejera


Counsel for
the Defense
Roll No. 11236 / 5-2-06
MCLE Compliance No. 567890 /
12-20-07
PTR No. 098765 / 12-29-07

And Walter O. Fernandez


Counsel for
the Defense
Roll No. 11237 / 5-2-06
MCLE Compliance No. 567891 /
12-20-07
PTR No. 098766 / 12-29-07

Copy Furnished:

Frederick P. Guanzon
Assistant City Prosecutor
Eufrocenio Hall of Justice
Gov. Pack Road, Dagupan City