Republic of the Philippines

Regional Trial Court of Davao City

REGION XI

Branch 25

PEOPLE OF THE PHILIPPINES,

- versus - CRIM. CASE NO. _______

For : Rape

JUDY V. AMARELA,

Accused.

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PRE-TRIAL BRIEF OF THE ACCUSED

THE ACCUSED Judy V. Amarela, through his undersigned counsel, before

this Honorable Court, most respectfully submit this Pre-Trial Brief and
states the following:
 I. STATEMENT OF THE CASE

A. Theory of the Prosecution

1.1 The Prosecution charges the Accused with Rape under Article 266-
A of the Revised Penal Code which was allegedly committed around 6 o’
clock in the evening of February 10, 2009 at Maligatong, Baguio District,
Calinan, Davao City.

B. Theory of the Accused

1.2 Accused maintains that he did not commit the criminal act
charged against him and that he has a different version of events that
occurred on the night of February 10, 2009 as corroborated by his witness.

1.2 Accused maintains that the filing by the private complainant of the
instant case is wrongly directed against him and thus should be dismissed.

II. SUMMARY OF ADMITTED FACTS AND PROPOSED STIPULATION

OF FACTS

2.1 Accused makes no admissions other than that he is the very

same person charged in the Information of the instant case, that the
Honorable Court having jurisdiction over the offense charged and over his
person, and those other facts alleged by him as stated in his counter-
affidavit.
 III. ISSUE

Whether or not the accused is guilty beyond reasonable doubt of the

crime of Rape.

IV. EVIDENCE FOR THE ACCUSED

A. Testimonial Evidence

Accused will present the following witnesses:

a. The accused himself, Judy V. Amarela – who will testify to deny

the prosecution’s version of events and to disprove the allegation
that at 6 o’clock of 10 February 2009 the Accused pulled Maria
Luisa Virginia towards the day care center, punched her in the
abdomen, and proceeded to rape her.

b. Asther Sanchez - who will corroborate the testimony of the

accused, Judy V. Amarela, and that the latter was accompanied
by him in Tawan-tawan during the time the alleged rape took
place.

Accused reserves the right to present other witnesses whose

testimonies may become necessary in the course of trial.
B. Documentary Evidence

Accused will present the following documentary evidence:

a. Annex “1” - Affidavit of Asther Sanchez dated August 23 2019

Accused reserves the presentation of other documents that may

become necessary during trial.

RESPECTFULLY SUBMITTED.

Davao City . 18th October 2019.

Atty. Sean Contreras

Counsel for the Accused

Roll of Attorney’s No.1234567

PTR No. 123/456/789

IBP Lifetime Member OR No. 0987/0875/03822

MCLE Comp. No.10192019/1234

Tel. No.: 123456 e-mail: sean.contreras@gmail.com

COPY FURNISHED (PERSONAL SERVICE):

THE PUBLIC PROSECUTOR

BRANCH ____, MTC-_______________

Atty. Isay Yason