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Pre Trial Brief Complainant

This document is a pre-trial brief submitted by the prosecution in the criminal case of People of the Philippines vs. Thor Ganer for the crime of slight physical injuries. It summarizes the admitted facts of the case, including that the accused attacked the complainant while intoxicated. It also lists the proposed evidence, which includes affidavits from an eyewitness and investigating officer and a medical certificate. The brief identifies the applicable laws and presents the issues for trial and witnesses. It notes the complainant's willingness to settle the case through alternative dispute resolution.

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Lien Patrick
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138 views3 pages

Pre Trial Brief Complainant

This document is a pre-trial brief submitted by the prosecution in the criminal case of People of the Philippines vs. Thor Ganer for the crime of slight physical injuries. It summarizes the admitted facts of the case, including that the accused attacked the complainant while intoxicated. It also lists the proposed evidence, which includes affidavits from an eyewitness and investigating officer and a medical certificate. The brief identifies the applicable laws and presents the issues for trial and witnesses. It notes the complainant's willingness to settle the case through alternative dispute resolution.

Uploaded by

Lien Patrick
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
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Republic of the Philippines

REGIONAL TRIAL COURT

6th Judicial Region

Branch 12

Makati City

PEOPLE OF THE PHILIPPINES, CRIMINAL CASE NO. 232323


Plaintiff, FOR:
Slight Physical Injuries

- versus -

THOR GANER,

Accused.
x-----------------------------------------------x

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:

SUMMARY OF ADMITTED FACTS


AND PROPOSED STIPULATION OF FACTS

The following are the admitted facts:


1. That the private complainant, Mark Abaya is at legal age single and
residing at no. 153 Matapang Road, Barangay Ilar, Makati City;
2. That THOR GANER accused residing at no. 125 Matapang Road,
Barangay Ilar, Makati City;
3. That on the night of January 4 2018, while being in the influence of
alcohol the accused attack the complainant;
4. That due to the sustained injury, complainant could not work for days.
5. That complainant filed a complaint against the accused.
EVIDENCE FOR MARKINGS

1. Affidavit of the, neighbor Geraldine Makay. (Annex A)


Purpose: to prove that she saw the attack on the victim on the night of 4 th of
January;
2. Affidavit of Captain Michael Mano (Annex B)
Purpose: to prove that Certificate to file Action was authentic and victim, Mark
Abaya have tried to settle it on the Barangay.
3. Affidavit of Dr. Roy Melchor (Annex C)
Purpose: to prove the authenticity of the medical Certificate
3. Medical Certificate from Makati General hospital (Annex C.1)
Purpose: To prove the injury sustained by the complainant.
7. Certificate to file Action (Annex B.1)
Purpose: To prove that case undergo Barangay Reconciliation.

ISSUES
1. Whether or not the accused committed the crime charged;
2. Whether or not they were guilty thereof.

WITNESSES
1. Geraldine Makay to testify that accused did attack the complainant;
2. Captain Michael Mano to testify that complainant bought this case to
the barangay;
3. Dr. Roy Melchor to testify on the authenticity of the medical certificate.

APPLICABLE LAWS AND JURISPRUDENCE

1. Article 266 of the REVISED PENAL CODE.


2. Article 14 of the REVISED PENAL CODE.
3. Jurisprudence laid down by the Supreme Court on Slight Physical Injury

POSSIBILITY OF AMICABLE SETTLEMENT

Plaintiff is willing to submit into alternative modes of dispute resolution


and to settle the case under such terms that are fair and reasonable.
TRIAL DATES

Specifically all Fridays of the month, with the regular appearance of the
undersigned city prosecutors before this Honorable Court.

RESPECTFULLY SUBMITTED.
Makati City Philippines, June 10 2018

Makati CITY PROSECUTOR’S


OFFICE
Makati City Hall of Justice
J.P Rizal ,Makati City

By:

NEIL PATRICK RAPOSON


City Prosecutor
Roll No. 87690 / 5-2-07
IBP. No. 887799 / 12-29-07
MCLE Exempt
PTR Exempt

Copy furnished:

ATTY. MARLON SY
Counsel for the Defense
7-C Crispa Ave., San Lorenzo Village,
Pamplona III, 1712 Makati City

Received by:___________
Date: ___________

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