REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT BRANCH 5, MUNTINLUPA

PEOPLE OF THE PHILIPPINES, Plaintiff, -versus- Criminal Case No. 012345

For: Violence Against Women

JUAN SIMON y VALENCIA, Accused. x---------------------------------------------------x

PRE-TRIAL BRIEF

Plaintiff, by the undersigned Prosecutors, most respectfully submits this Pre-trial Brief and states the following:

I. SUMMARY OF ADMITTED FACTS AND PROPOSED STIPULATION OF FACTS 1. That the complainant, Nadine Velez y Reyes, 38 years old, with live in partner, lives in Turquoise Compound, Bgy. Naga, Muntinlupa City. 2. That the accused, Juan Simon y Valencia, 45 years old, with live in partner, works as a fishball vendor, lives in Turquoise Compound, Bgy. Naga, Muntinlupa City;

3. That the complainant and the accused have been living together as husband and wife since 2007; 4. That the complainant and the accused have a common child named, Pedro Reyes y Valencia, 6 years old; 5.That on July 10, 2015, about 7:00 in the morning the accused went to the barangay hall where complainant works; the accused went beside the complainant then started touching, kissing, caressing and talking dirty; 6. That the complainant, was very humiliated and to avoid a fight with the accused she decided to go home. 7. That on July 13, 2015, at home, the complainant and the accused were conversing; they talked about the sister of the accused who works as a waitress abroad; 8. That on July 13, 2015, During the conversation, the complainant said to the accused, “Malay mo makahanap sya ng asawa doon, swertihin sya” the accused got mad and said, “Wag mong bastusin ang kapatid ko! Nakapagtapos yun!” The complainant kept quiet and started a new conversation; 9. After the conversation, the complainant went inside the room and lay down on her bed. There after, she was shocked to see the accused standing beside her. The accused then punched the complainant’s shoulder. 10. That accused continued punching the complainant, hitting her in the head, chest and stomach. The complaint shouted for help and compassion. However, the accused continued to punch her; 11. That accused also kicked the complainant’s back; 12. That accused afterwards tossed her in the comfort room and threatened to kill her using a broken glass; 13. That the accused grabbed the complainant’s cell phone and took their child with him and didn’t come back;

II. ISSUES

1. Whether or not the accused committed prohibited acts under RA 9262 or Violence against Women and their Children?

2. Whether or not the complainant has the right over the custody of their common child?

3. Whether or not the accused deprived the complainant of custody over their child?

III. DOCUMENTARY AND OBJECT EVIDENCE

The Prosecution will present the following documents:

EXHIBITS DOCUMENT/OBJECT PURPOSE

A Photo of Left hand, Frontal region, Right knee, Left part of the head and the Right part of the neck of the accused

to prove the different injuries sustained by the complainant as a result of the attack made by the accused

B Glass to prove that the accused used such glass to threaten her

C Medico-legal Report to prove that the complainant suffered different injuries from the attack.

E Birth Certificate of Pedro Reyes y Valencia,

to prove that the relationship between the complainant and the child and the age of the child.

F Cellular Phone (CHERRY MOBILE)

to prove that the accused is controlling the personal property of the complainant

G Affidavit of Nadine Velez y Reyes

To state the facts that happened during the incident

IV. WITNESSES FOR THE PROSECUTION

The Prosecution intends to present the following witnesses: TESTIMONIAL EVIDENCE

NAMES DESIGNATION PURPOSE

1. Nadine Velez y Reyes

Complainant/ victim To testify on the following:

a) That the accused attacked her and

b) That the accused deprived her the custody of her child

c) That the accused has taken her personal property (cell phone)

2. James De la Cruz

Neighbor/s of the parties to testify that the parties have been living as husband and wife under the same roof

3. Juan De Leon Tricycle Driver in the area where the parties are living

To testify that the accused indeed fled from the house of the parties with Pedro (child of the parties)

3. Ma. Nydia Javier

PNP Crime lab Camp Crame, QC

licensed physician

to testify on the findings in the medico-legal report

a. Hematoma, Frontal region measuring4.5x3cm, 1.5 cm.

b. Hematoma, Left Zygomatic Region, measuring 7x3.5cm, 7cm from the aml.

c. Hematoma, Right post auricular region, measuring 2x1cm, 7.5 cm from the aml

d. Contusion, left

V. APPLICABLE LAW IN SUPPORT OF PLAINTIFF’S CLAIMS

RA 9262 SECTION 5.Acts of Violence Against Women and Their Children. — The crime of violence against women and their children is committed through any of the following acts:

(a)Causing physical harm to the woman or her child; (b)Threatening to cause the woman or her child physical harm; (c)Attempting to cause the woman or her child physical harm; (d)Placing the woman or her child in fear of imminent physical

harm; (e)Attempting to compel or compelling the woman or her child to engage

in conduct which the woman or her child has the right to desist from or to desist from conduct which the woman or her child has the right to engage in, or attempting to restrict or restricting the

hand measuring 3x3.5, 5cm internal to its Aml

e. Abrasion, Right knee, measuring 2x1.5 cm, 3cm internal to its aml

4. Karen Loyola Psychologist

Of an accredited hospital in the

Philippines

To determine the trauma suffered by the complainant and her child due to the acts of the accused.

5. Pedro Reyes y Valencia

The common child of the accused and the complainant

To testify on the following

a. That the accused took him away from the custody of his mother

b. That the accused and the complainant had a heated argument

c. That the accused purportedly attacked the complainant

woman's or her child's freedom of movement or conduct by force or threat of force, physical or other harm or threat of physical or other harm, or intimidation directed against the woman or child. This shall include, but not limited to, the following acts committed with the purpose or effect of controlling or restricting the woman's or her child's movement or conduct: (1)Threatening to deprive or actually depriving the woman or her

child of custody or access to her/his family; (2)Depriving or threatening to deprive the woman or her children

of financial support legally due her or her family, or deliberately providing the woman's children insufficient financial support;

(3)Depriving or threatening to deprive the woman or her child of a legal right;

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VI. RESERVATION Plaintiff respectfully reserves the right to present other witnesses, documents or evidences in addition to, or in substitution of, those mentioned above and or for purposes in addition to or in substitution of those mentioned should a need thereof arises; propose other issues as the exigencies of trial may demand; cite and invoke other laws and jurisprudence that may be relevant in the course of the proceedings; amend his Petition, as may be warranted RESPECTFULLY SUBMITTED. Muntinlupa, Philippines, July 29, 2015

JUNE CRUZ Prosecutor 1

GEMMA ANDREA JAVIER Prosecutor 2

Copy Furnished: Atty. Kevin Lozada Counsel for the accused Unit 134/56 Lalim Ave. Babaw, Quezon City Received by : ______________________________

( Signature over Printed Name ) Date/Time Received ______________________________ Ref. Code : Pre-Trial Brief CC 012345/P vs. Valencia