Republic of the Philippines

REGIONAL TRIAL COURT

National Capital Judicial Region
City of Manila, Branch 113

PEOPLE OF THE
PHILIPPINES,
Plaintiff, CR- FMY. CASE NO. 2018-2841
FOR: CHILD ABUSE THROUGH
-versus- LASCIVOUS CONDUCT OF A
MINOR BELOW 12 YEARS OLD
RANDY ROY y ELEZAR,
RAMIL ROY, JANA ROY,
Accused.
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PROSECUTION’S PRE-TRIAL BRIEF

THE PEOPLE OF THE PHILIPPINES, thru the undersigned
prosecutor, and unto this Honorable Court, most respectfully submits this
PRE-TRIAL BRIEF:

STATEMENT OF THE CASE

This is a case for Child Abuse through Lascivious Conduct of a
Minor Below 12 years old pursuant to Republic Act no. 7610 also
known as Special Protection of Children Against Abuse, Exploitation
and Discrimination Act, in relation to Acts of Lasciviousness under
Article 336 of the Revised Penal Code of the Philippines. Accused
contests the ground herein of plaintiff for being unmeritorious by
alleging that he (accused) and Cherry are lovers.

ADMISSIONS AND
PROPOSED FACTS TO BE STIPULATED

The following are the facts that may be stipulated:

a. That Ella Barrientos is the mother of the minor, Cherry Barrientos;

b. That Cherry Barrientos is only eleven (11) years old;
c. That on 5 November 2019, Ella confronted accused Randy Roy, who is
35 years old, and told the latter not to pursue Cherry because she
(Cherry) is a minor;
d. That on 6 November 2019, Cherry was not in their house when Ella
arrived from work;
e. The Ella went directly to the house of Randy, and the former was able
to speak with Randy’s mother, Jana, but to no avail;
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 f. That Sonia Ramirez, Cherry’s best friend, confessed that Randy
coerced Cherry to go with him, and she (Cherry) struggled for help;
g. That Ella went straight to the police station for a blotter;
h. That in Barangay, Ella invited Randy’s parents, Elezar and Jana;
i. That during the confrontation, Elazar and Jana tried to compromise by
insisting that Randy and Cherry shall tie knots since they (Randy and
Cherry) are loving each other. Ella abhorrently disapproved.
j. That on 10 November 2019, Cherry returned home crying, and she
confessed to her mother that Randy forced her to fondle his (Randy)
penis for five times;

ISSUES TO BE TRIED OR RESOLVED

a. Whether or not Accused Randy Roy, Elezar Roy, and Jana Roy, are
guilty of child abuse through sexual abuse by coercing Cherry to
indulge into sexual intercourse or lascivious conduct.
b. Whether or not Accused Randy Roy is guilty of child abuse for
maltreating Cherry through physical, psychological, emotional,
and sexual abuse.

APPLICABLE LAWS

The laws applicable are the following:

a. Republic Act 7610 also known as Special Protection of Children Against
Abuse, Exploitation and Discrimination Act
b. Revised Penal Code of the Philippines
c. Other applicable Laws and Jurisprudence

WITNESSES TO BE PRESENTED

a. Cherry Barrientos
b. Sonia Ramirez
c. Barangay Chairman Diosdado Sereno
d. Collaborating witnesses

Plaintiff reserves the right to present additional witnesses in the course

of the trial.

DOCUMENTS TO BE PRESENTED

a. Certificate of Live Birth of Cherry Barrientos

b. Notarized statement of Cherry Barrientos
c. Notarized statement of Sonnia Ramirez
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 d. Police Blotter
e. Minutes in the Barangay
f. Certificate to file action
Plaintiff reserves the right to present additional documentary evidence
in the course of the of the trial.

TRIAL DATES

Hearing dates can be agreed upon.

RESPECTFULLY SUBMITTED.

City of Manila, 14 November 2019

CITY OF MANILA PROSECUTOR’S

OFFICE
Hall of Justice, F.B. Harrison St.,
City of Manila

By:
PROS. DIANA GARIN
Asst. City Prosecutor
Attorney’s Roll No, 55594
Lifetime IBP No. LRN-14685/ PPLM/ 01/19/2020
MCLE Exempt
PTR Exempt

Copy furnished:

Abelardo E. Rogacion
Counsel for Accused
6563 P. Gomez La Huerta,
Paranaque City

EXPLANATION

A copy of the forgoing pre-trial brief was served to the Office of the
Solicitor General and accused’s counsel through registered mail due to
distance and the undersigned’s lack of personnel.

PROS. DIANA GARIN