REPUBLIC OF THE PHILIPPINES

Regional Trial Court

NATIONAL JUDICIAL CAPITAL REGION
Branch 8, City of Manila

PEOPLE OF THE PHILIPPINES, CRIMINAL CASE NO. 2

Plaintiff FOR: Robbery with Homicide

– versus –

RODOLFO BAGANI Y PEREZ,

Accused

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ARRAIGNMENT AND PRE-TRIAL CONFERENCE ORDER

At today’s hearing for arraignment and pre-trial conference, accused

Rodolfo Bagani y Perez as well as his counsel Cleyvan Cresini are present in court.
Assistant City Prosecutor Jeanica G. Clemente and private complainant Norberto
S. Dela Cruz likewise appeared.

Accused assisted by Atty. Cleyvan Cresini and in the presence of the

Assistant City Prosecutor, after having been informed of the nature of the
accusation field against him, voluntarily entered a plea of NOT GUILTY for the
crime of Robbery with Homicide.

The prosecution moved to clarify the identity of the accused from RODOLFO
BAGANI PEREZ to RODOLFO BAGANI Y PEREZ for clarification of the name of said
accused.

Thereafter, pre-trial conference proceeded and the parties took up the

following matters:

I. STIPULATION OF FACTS

Admitted

The Prosecution admitted that when the witness came to the house,
they immediately arrested the accused without inquiring on what happened
to Teodora Santos lying on the floor.

The Defense-Counsel admitted that Rodolfo Bagani y Perez is the

housekeeper of the deceased Teodora Santos. That on the day of the
incident, accused Rodolfo Perez is in the house of the victim Teodora
Santos. The Defense also admitted that there was unpaid salary due to the
accused. That the accused was seen at the house of the victim and was
apprehended and was caught in the act holding the knife with Teodora
Santos lying on the floor.
 DISPUTED:

The Prosecution denied that the victim Teodora Santos has

instructed the accused to go to her house to receive his salary on
the day the incident took place.

Defense denied that prior to the incident there was a

commotion in the house of Teodora where accused Rodolfo had an
argument with the deceased.

Version of the Prosecution:

That the accused was the person seen pulling out the knife
which stabbed in the victim’s body and was already lying dead. That
the accused took the money and jewelries of the herein victim
because of his unpaid salary as the housekeeper of the victim. And
that the accused killed the victim so that he can ran away.

Version of the Defense:

That the accused pulled-out the knife only to help his Teodora
Santos and that his acts are acts of saving someone who is in danger
of dying. That the accused in fact adored and loved his employer and
so he has no reason for killing her; hence, no crime for Robbery with
Homicide may be filed against him.

II. ISSUES TO BE RESOLVED

1. Whether or not the accused is guilty of the crime of Robbery with

Homicide; and

2. Whether the procedure for a valid warrantless arrest was followed.

III. EVIDENCE FOR THE PARTIES

Evidence for the Prosecution

Exhibit “A” page 3 – Inquest Resolution

Exhibit “B” page 7 – Incident Report Form

Exhibit “C” page 9 – Sworn Affidavit of Witness Anna A. Santos

Exhibit “D” page 12 – Affidavit of Arrest

Exhibit “E” page 14 – Medico-legal Report of the deceased

Exhibit “F” page 16 – Death Certificate of the Victim

Exhibit “G” page 20 – Inventory Sheet of Items recovered from the

Accused

Testimonial Evidence
The Prosecution will present two (2) witnesses namely: PCpl
Norberto S. Dela Cruz and Ana A. Santos.

Additional Evidence for Prosecution

 The Prosecution reserved the marking of their additional evidence.

Evidence for the Defense

Exhibit “1” page 22 – Sinumpaang salaysay of RODOLFO BAGANI Y PEREZ

Exhibit “2” page 27 – Sinumpaang Salaysay of JOJIE SANCHEZ

Testimonial Evidence
The Defense will present two (2) witnesses namely: Rodolfo Bagani y
Perez and Joji Sanchez.

Upon joint motion, the pre-trial is hereby ordered terminated.

The parties are given five (5) days from receipt hereof within which to move
for the correction/amendment of this Order. Thereafter, no amendment shall be
allowed and this Pre-trial Order shall bind the parties, limit the trial to the matters
not disposed of, and control the course of the action during the trial unless
modified by the court to prevent manifest injustice.

Set the initial presentation of prosecution’s evidence on 27th of July 2019 at

9:00 in the morning. The presentation of defense evidence shall be determined
thereafter. Counsels are warned to conclude the presentation of their respective
evidence on the trial dates allotted.

SO ORDERED.

Manila City, July 20, 2019

STANLEY MARVIN J. PENGSON

Presiding Judge

Copy furnished:

Atty. Cleyvan Cresini

Counsel for the Accused

Assistant City Prosecutor Jeanica G. Clemente

Office of the Prosecutor
Manila City