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Pre-Trial Brief SAMPLE For Defense

The pre-trial brief submitted by the defense summarizes the facts of the case and the defendant's intended defenses. It admits that the defendant and complainant's identities and the date of the incident. However, it proposes that the complainant provoked and continually insulted the defendant. The brief argues that the defendant's actions were in self-defense against the complainant's harassment. The defense presents two witnesses and affidavits to attest to the complainant's past insults and the defendant's good faith attempts at resolution. The brief concludes by listing the intended trial dates and witnesses.

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37K views4 pages

Pre-Trial Brief SAMPLE For Defense

The pre-trial brief submitted by the defense summarizes the facts of the case and the defendant's intended defenses. It admits that the defendant and complainant's identities and the date of the incident. However, it proposes that the complainant provoked and continually insulted the defendant. The brief argues that the defendant's actions were in self-defense against the complainant's harassment. The defense presents two witnesses and affidavits to attest to the complainant's past insults and the defendant's good faith attempts at resolution. The brief concludes by listing the intended trial dates and witnesses.

Uploaded by

Nilsy Ynzon
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOC, PDF, TXT or read online on Scribd
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REPUBLIC OF THE PHILIPPINES

SIXTH JUDICIAL REGION


MUNICIPAL TRIAL COURT IN CITIES
BACOLOD CITY
BRANCH 001
PEOPLE OF THE PHILIPPINES
-versus-

FOR: Slight Physical Injuries


Article 266 of the
Revised Penal Code

RUFINA L. CALIWAN
x-----------------------------------------------x
PRE-TRIAL BRIEF OF THE DEFENSE
DEFENDANT, by counsel and through this Honorable
Court, respectfully submits this pre-trial courts order dated,
March 19, 2016.

I.

SUMMARY OF ADMITTED FACTS, PROPOSED


STIPULATION OF FACTS AND DEFENSES

The defendant hereby admits the following facts:


I.1. The identity of the private complainant, Rhodora
Pasilona;
I.2. The date and time of the commission of the offense;
Furthermore, the
following facts:

defendant

respectfully

proposes

the

I.3. Rhodora Pasilona provoked the being of the


defendant during the conciliation proceedings;
I.4. Despite the effort of the defendant to ignore the
bashing and swearing, Rhodora Pasilona consistently
uttered words that would blacken the defendants
reputation;

I.5. Rhodora Pasilona uttered these words amidst the


presence of the neighbors one time and several more
occurred afterwards;
The defendant, moreover, raises the following defenses:
I.6. The allegations were the results of the private
complainants relentless bashing and name swearing
upon the defendant;
I.7. The resultant occurrences were mere acts of selfdefense.
II.

EVIDENCE FOR MARKINGS

II.1. The sworn affidavit of Purita Limpio.


Purpose: To attest that prior to the alleged commission
of the offense, several circumstances of name-swearing
and attacking occurred against the person of the
defendant which accumulated over time.
II.2. The barangay conciliation proceedings certificate.
Purpose: To prove the defendants willingness and good
faith in trying to resolve the matter with the private
complainant and Mr. and Mrs. Ocampo.
III.

ISSUE

III.1. Whether or not the justifying circumstance of selfdefense is applicable;


III.2. Whether or not the defendant is justified in
committing the crime charged.

IV.

WITNESSES

IV.1. Purita Limpio to testify on the contents of her sworn


affidavit and strengthening the defendants claim
that the alleged unjustified attack was in fact,
justified.
IV.2. Junny Dip to testify the defendants presence thus
proving the defendants good faith and pure intention
of settling the issue amicably.

V.

TRIAL DATES

Specifically all Fridays of the month, with the regular


appearance of the undersigned counsel before this
Honorable Court.

RESPECTFULLY SUBMITTED.
Bacolod City, Philippines, March 2, 2015.

ATTY. FELIMON SY
Notary Public
Notary Public for Bacolod City, Negros Occidental
Until December 31, 2016
Office: 13F Kung Sin O Bldg., No. 69, Mabilog Rd., Bacolod City
Roll No. 57202 03/22/2016
IBP Lifetime Roll No. 100293; 01/05/15
PTR No.023456; 01/05/16
MCLE Compliance Cert. No. 097654; 01/05/16

Copy furnished:
ANGELINA DIOLY
Assistant City Prosecutor
Office of the City Prosecutor of Bacolod
Bacolod City
Received by: ___________
Date: ___________

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