Republic of the Philippines

Regional Trial Court of Negros Occidental

Sixth Judicial Region
Branch 54- Bacolod City
-oOoPEOPLE OF THE PHILIPPINES,
Complainant,
-versus -

Crim. Case No. ___________

FOR: RAPE

TONY
NESSIA
ANACLETO

and

MARIO

Accused,
X- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x

PRE-TRIAL BRIEF
(for Accused Mario Anacleto)
COMES NOW ACCUSED MARIO ANACLETO, through the
undersigned counsel, most respectfully submits this Pre-Trial Brief
and avers :
I. SUMMARY OF ADMITTED FACTS
Accused Mario Anacleto admits the following facts:
1. the personal circumstances of the Private
Complainant Beverly Vidauarrazaga and Accused Tony
Nessia;
2. That herein Accused attended the pre-nuptial
party of __________________ last March 2_, 2014;
3. That herein Accused drove his tricycle with
Beverly Vidaurrazaga to the pre-nuptial party of
____________ last March 2_, 2014;

4. That herein Accused was with Tony Nessia at

about 12:00MN to 3:00PM last March 2_, 2014;
4. That herein Accused had sexual intercourse
with Beverly Vidauarrazaga last March 2_, 2014;
II. PROPOSED STIPULATION OF FACTS:
Herein Accused Mario Anacleto submits the following facts
for the admission of the Prosecution:
1. Will the Prosecution admit that Beverly
Vidaurrazaga and Accused Mario Anacleto is in a
relationship for five (5) years at the time of the
incident?
2. Will the Prosecution admit that Beverly
Vidaurrazaga had a crush on Mario Anacleto since they
were in high school?
3. Will the Prosecution admit that March 2_, 2014
was the 5th year anniversary of Beverly Vidaurrazaga
and Accused Mario Anacleto as lovers?
4. Will the Prosecution admit that Beverly
Vidaurrazaga has engaged in casual sex with Mario
Anacleto for several times in the past before the rape
incident happened?
5. Will the Prosecution admit that Beverly
Vidaurrazaga and Mario Anacleto were loyal customers
of Dragon Lodge, where they would usually spend the
night?
6. Will the Prosecution admit that it was Beverly
Vidaurrazaga who asked Mario Anacleto to accompany
her to the pre-nuptial party?

7. Will the Prosecution admit that

Vidaurrazaga was drugged by Tony Nessia?

Beverly

8. Will the Prosecution admit that it was Tony

Nessia who first had sex with Beverly Vidaurrazaga
after drugging her?
9. Will the Prosecution admit that Beverly
Vidaurrazaga recalled the incident and told Mario
Anacleto everything that happened last March 2_,
2014, a week after the incident?
10. Will the Prosecution admit that the sexual act
last March 2_, 2014 between Beverly Vidaurrazaga and
Mario Anacleto was done with the consent of both?
III. ISSUES TO BE TRIED
1.Whether
Private
Complainant
Beverly
Vidaurrazaga and Accused Mario Anacleto are in a
relationship before the rape incident happened.
2. Whether Accused Mario Anacleto raped Private
Complainant Beverly Vidaurrazaga.
IV. APPLICABLE LAWS AND JURISPRUDENCE
1.Act No. 3815 known as the Revised Penal Code
2. Republic Act No. 8353 otherwise known as the
Rape Law of 1997
3. Revised Rules of Evidence.
4. Jurisprudence laid down by the Supreme Court
on RAPE

Accused Mario Anacleto respectfully reserves the right to cite

applicable laws and jurisprudence as the case progresses.
V. DOCUMENTS TO BE PRESENTED
1.Three (3) Love Letters of Beverly Vidaurrazaga
to Mario Anacleto;
2. Intimate pictures of Beverly Vidaurrazaga and
herein Accused Mario Ancleto;
3. Blotter Report caused to be recorded by
Accused Mario Anacleto last March 2_, 2014;
VI. NAMES OF WITNESSES
1. Accused Mario Anacleto
Purpose of Testimony: to prove 1.) that he and
Beverly Vidaurrazaga were in a relationship at the
happening of the incident last March 2_, 2014 2.) as
well as to the facts which transpired during the alleged
rape and 3.) to prove that Beverly Vidaurrazaga
consented to the sexual act between them.
2. Hernane Acosta
Purpose of Testimony: to prove that Beverly
Vidaurrazaga and Accused Mario Anacleto were in a
relationship and to prove that both are active sex
partners of themselves;
VII. AVAILABLE TRIAL DATES

Specifically all Fridays of the month, with the

regular appearance of the City prosecutors before this
Honorable Court.
Most respectfully submitted this ______________________,
in Bacolod City Philippines.

GIOVANNI CHRISTIAN D. LADINES

Counsel for Accused Mario Anacleto
IBP # 605482 1/8/11 Bacolod City
PTR # 0417576 1/8/11 Bacolod City
ROA 30724
MCLE Compliance No. II 01-23455
PHHC, blk. 6, lot 4, Bacolod City
Copy furnished:
ATTY. JOSEPHINE FERRER
________________________
________________________
RR No. ________
Date:
ASST. CITY PROS. EDDA OPENA
________________________
________________________
RR No. ________
Date:
ATTY. YURI JARDER
________________________
________________________

RR No. ________
Date:

EXPLANATION
(Kindly disregard if served and/or filed personally)
Service and filing of the foregoing Judicial Affidavit were
made by LBC only due to time constraints, distance and lack of
office personnel to effect personal service and filing.
GIOVANNI D. LADINES