Republic of the Philippines

REGIONAL TRIAL COURT

10th Judicial Region
Branch 22
Cagayan de Oro City

PEOPLE OF THE PHILIPPINES, Criminal Case No.:

Plaintiff, For: RECKLESS IMPRUDENCE

-versus-

JOURNEY MANTOS,
Accused.

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PRE-TRIAL BRIEF

THE PEOPLE OF THE PHILIPPINES, through undersigned

prosecutors, unto this honorable Court, most respectfully submit this Pre-
Trial Brief:

I. SUMMARY OF ADMITTED FACTS AND PROPOSED

STIPULATION OF FACTS
The following are the admitted facts:
1. The identity of the accused as charged in the information and that
of the person arraigned are one and the same;
2. The identity of the victim, Zack Olalo;
The following are the proposed stipulation of facts:
1. That on or about November 24,2017, Accused was driving along
the highway Tagoloan, Misamis Oriental.
 2. That at about 7:30 AM, The pedicab driven by Kirstoffer Miranda
stopped on the roadside to allow offended party to alight from the
said pedicab;
3. That accused negligently made an attempt to overtake pedicab
from the right side and hit the offended party as the latter alighted
from the pedicab;
4. That immediately thereafter, the accused brought the offended
party to CUMC for treatment.
5. That the accused called his mother-in-law to attend to the needs of
the offended party as he had to go to work.
6. That the mother-in-law of the accused offered to settle the hospital
expenses of the offended party.

II. EVIDENCE FOR MARKING

1. Affidavit of the Margarette Olalo marked as ‘Exhibit A’

Purpose: To prove that the mother-in-law of the accused offered to
settle the hospital bills of offended party.
2. Affidavit of Kristoffer Miranda marked as ‘Exhibit B’
Purpose: To prove that accused was negligent in driving his
motorbike.
3. Affidavit of Dario Jimenez marked as ‘Exhibit C’
Purpose: To prove the facts observed as well as identify the police report.

4. Police report marked as ‘Exhibit D’

Purpose: To show expert analysis of the accident.
5. Medical Certificate marked as ‘Exhibit E’
Purpose: To show the Medical Condition of the offended party
6. Hospital Receipts marked as ‘Exhibit F’
Purpose: To prove the Hospital Expenses incurred and payments
made.

III. ISSUES TO BE TRIED OR RESOLVED

 1. Whether or not the accused is giulty of the crime charged.

IV. WITNESSES

1. Margarette Olalo to testify that mother-in-law of accused offered

to setlle the hospital bills;
2. Kristoffer Miranda to testify that the accused attempted to
overtake his pedicab, a stationary vehicle, from the right side as
offended party alighted therefrom in violation of traffic rules which
resulted to the offended party being hit by the motorcycle of the
accused;
3. Dario Jimenez to testify that he witnessed the accident and made
the police report.
4. Christian Llamanzares to identify medical ceritifcate and testify
regarding the extent of injury of Zack Olalo;
5. Leila Gomez to identify hospital bill, receipts and other
documents.

V. TRIAL DATES

To be set in consultation with the Court’s calendar.

RESPECTFULLY SUBMITTED on March 5, 2018, in the City of

Cagayan de Oro.

CAGAYAN DE ORO CITY PROSECUTOR'S OFFICE

Cagayan de Oro City
By:
ACP RYAN JAMES B. ABAN
Assistant City Prosecutor
Roll No. 918869
IBP No. 837464 / 12-29-17
MCLE Exempt
 PTR Exempt

Copy furnished by personal service:

ATTY. EDGAR CONSTANTINO

CONSTANTINO-PELINGGON LAW OFFICE
Corrales St., Cagayan de Oro City