Republic of the Philippines

MUNICIPAL TRIAL COURT

5th Judicial Region
Lasam, Cagayan, Branch 12

PEOPLE OF THE PHILIPPINES,

Petitioner, Crim Case No.: LSM 19-12345-CR
For: “Acts of Lasciviousness”
- versus -

GERALD UNDERCHILD,
Accused.
x---------------------------------------x

PRE-TRIAL BRIEF

Plaintiff, by the undersigned counsel and unto this Honorable Court, most
respectfully states:

SUMMARY OF ADMISSION OF FACTS AND STIPULATION OF FACTS

1. That on May 01, 2019, Hans Fernando invited his friends (Bibi Dimawari,
Julio Carti, Jose Pinzon and Gerald Underchild) to have a drinking spree in
his house in order to celebrate his graduation;
2. That on May 02, 2019, at around 1 o’clock in the morning, Bibi Dimawari
asked if she could already take a rest because she was already feeling dizzy.
3. That she asked Hans Fernando if she could lie down on a bed, and Hans
offered his room;
4. That Gerald Underchild volunteered to assist Bibi going to the room of
Hans.
5. That upon passing by his room coming back from the kitchen, Hans peeked
through his room’s door and saw that Gerald was trying to kiss Bibi and
while holding her breast and the latter was resisting.
6. That upon calling out the attention of Gerald, Bibi immediately called for
help thus, Hans grabbed and pushed Gerald out of the room.
 7. That Hans comforted Bibi, while Gerald told Julio Carti hurriedly left with
Jose.
8. That on the 3rd day of May, Gerald visited his friend Julio Carti to ask about
what happened when he left them during the celebration.
9. That Julio Carti informed Gerald that Bibi was contemplating of filing a case
against him;
10.That upon hearing this, Gerald asked for help from Julio Carti to settle the
matter with Bibi and even expressed his intention by offering money to
Bibi.

WITNESSES TO BE PRESENTED

a) Plaintiff will be testifying on the allegations in the Information and will

present a Judicial Affidavit;
b) Hans Fernando and Julio Carti will present their respective testimonies
through their Judicial Affidavits.
c) The prosecution reserves its right to cross-examine the Judicial Affidavits of
the defendant’s witnesses

ISSUE TO BE TRIED
Whether the accused, Gerald Underchild, is guilty beyond reasonable doubt
of the crime of “acts of lasciviousness”, as defined and penalized under Art. 336
of the Revised Penal Code.

EVIDENCE FOR MARKINGS

1. Affidavit

WITNESSES
1. Bibi Dimawari- #34, Orange St., Brgy. Maasim, Lasam, Cagayan
2. Hans Fernando- House no. 6, The Fernando Village, Brgy. Marupok, Lasam,
Cagayan
3. Julio Carti- #9 Nambawan Subv., Brgy. Culotes, Lasam, Cagayan

SPECIFIC TRIAL DATES

It is respectfully requested that the trial dates b set during pre-trial
conferences to dates most convenient to this Honorable Court and to all the
parties.
RESPECTFULLY SUBMITTED.

Lasam, Cagayan, June 20, 2019.

OFFICE OF THE PROVINCIAL PROSECUTOR

Hall of Justice
Poblacion 1, Lasam, Cagayan

(sgd)
ATTY. HENCEL JOSEPH B. GUMABAY
Provincial Prosecutor
IBP No. 0123654 / Lasam, Cagayan / 06.01.09
PTR No. 56789 / Lasam, Cagayan / 1.06.17
Roll No.22222 / 1.06.09
MCLE V Compliance No. 1443 / 03.27.15

(sgd)
ATTY. ANTONIO LORENZO T. ANGELES
2nd Assistant Provincial Prosecutor
IBP No. 0123456 / Lasam, Cagayan / 1.01.15
PTR No. 98765 / Lasam, Cagayan / 1.01.15
Roll No. 12345 / 1.05.10
MCLE V Compliance No. 1234 / 03.26.15

COPY FURNISHED:

Atty. Jhedlyn Halog

Atty. Ivy Tolentino
HALOG & TOLENTINO LAW
123 GHOSTER ST., LASAM, CAGAYAN
Counsels for the defendant