Republic of the Philippines
11th Judicial Region
REGIONAL TRIAL COURT
Branch 3
Davao City
MARY GRACE BUENA
Complainant
---versus-- I.S. No. 12346587
For: Rape
PEDRO CARGO
Respondent.
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PRE-TRIAL BRIEF OF THE PROSECUTION
THE PEOPLE OF THE PHILIPPINES, through the undersigned
City Prosecutor, before this Honorable Court, most respectfully submit
this Pre-Trial Brief:
PROPOSED STIPULATION AND/OR ADMISSION OF FACTS
The following are the proposed stipulation and/or admission of facts:
1. That the identity of Pedro Cargo who is the person charged in
the Information and of the person arraigned is one and the
same;
2. That the accused is single and renting a boarding house at
Harolds Place, Isla Verde, Brgy. 23-C, Manuel L. Quezon Blvd.,
Davao City;
3. The identity of Mary Grace P. Buena, the victim;
4. That the victim is a resident of Isla Verde, Brgy. 23-C, Manuel
L. Quezon Blvd., Davao City;
5. That the victim is a minor and is 12 years old during the
commission of the crime;
6. The fact of commission of the crime;
7. The date of the commission of the crime which is on March 3,
2014.
8. The place of the commission of the crime which is in the
victims residence at Isla Verde, Brgy. 23-C, Manuel L. Quezon
Blvd., Davao City;
9. That the accused has known the victim for about 2 years prior
to the alleged date of commission of the crime;
10. That the distance between the accused and victims house is
just 2 houses away or approximately 200 meters;
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11. That on March 3, 2013, the accused was around or within
the premises where the crime was committed;
12. The fact that victim was medically examined as evidenced by
the Medico-legal report issued by Dr. Alex Concha;
ISSUE TO BE TRIED OR RESOLVED
Whether or not the accused is guilty of the crime charged
EVIDENCE FOR MARKING
Exhibit A Complaint-Affidavit of victim Mary Grace Buena; consisting
of 4 pages to be marked as A-1, A-2, A-3 and A-4.
Exhibit B Certified True Copy of victims Certificate of Live Birth
Exhibit C- Photo of the Text Message sent by Mary Grace Buena to his
mother after the crime was committed
Exhibit D Medico-Legal Report issued by Dr. Alex Concha of Southern
Philippines Medical Center; Dr. Alex Conchas signature to be marked as
D-1
Exhibit E Affidavit of Medico-Legal Officer Dr. Alex Concha
Exhibit F - Affidavit of Witness Sylvia L. Buenaventura
Exhibit G Police Blotter Report
WITNESSES TO BE PRESENTED
1) Mary Grace Buena; the victim herself to testify that she was
raped by accused Pedro Cargo;
2) Dr. Alex Conchamedico-legal officer who will testify that she
examined the victim hours after the crime was committed and
that upon examination, she found fresh lacerations in the
victims hymen;
3) Sylvia L. Buenaventuraneighbor of the victim and the owner
of the boarding house where the accused resides; who will
testify that she saw the accused walk towards the victims
house and exit the same at the same time the alleged crime was
committed; to corroborate the testimony of the victim.
4) Mrs. Mary Buenato testify that she saw the victim in a
shocked state after the crime was committed;
5) Senior Police Inspector I Martin L. Torresto prove veracity of
the police blotter;
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6) Diosdado Aquino the Punong Barangay who received the
report of the incident at the barangay level; to corroborate the
testimonies of the other witnesses
The testimonies of the witnesses would consume not more than 15
minutes on direct examination, and about 15 minutes on cross
examination.
Specifically all Fridays of the month, with the regular appearance
of the undersigned city prosecutors before this Honorable Court.
RESPECTFULLY SUBMITTED.
Davao City, Philippines, July 26, 2014.
DAVAO CITY PROSECUTORS OFFICE
Davao City Hall of Justice
EcolandDrive, Davao City
By:
MARIANNE DELIGERO
Assistant City Prosecutor
Roll No. 67890 / 5-2-12
IBP. No. 667899 / 12-29-12
MCLE Exempt
PTR Exempt
And
WILLIAM ANGELO B. RUYERAS
Private Prosecutor
Roll No. 67891 / 5-2-13
IBP No. 667900 / 12-29-13
MCLE Exempt
PTR Exempt
Copy furnished:
ATTY. SITTIE FAHANIE UY
Counsel for the Defense
BUM Law Firm, Suite 203.
Land Co Bldg. J.P. Laurel St., Davao City
ATTY. JOHANNES A. BANTUGAN
Counsel for the Defense
BUM Law Firm, Suite 203.
Land Co Bldg. J.P. Laurel St., Davao City
ATTY. JAMES NOEL V. MORENTE
Counsel for the Defense
BUM Law Firm, Suite 203.
Land Co Bldg. J.P. Laurel St., Davao City
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Received by: ___________
Date Received: _________
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