Professional Documents
Culture Documents
and
Judicial
Forms
Submitted to:
Dema
nd
Letter
s
Advance Legal Writing | Page | 2
February 4, 2013
Jenny Aguilar
1059 Samar St.
Sampaloc, Metro Manila
Dear Leah,
It feels like such a long time since the last time I saw you.
I know it's only been several weeks since I saw you. So far my
summer has been great!
Advance Legal Writing | Page | 3
INQUIRY LETTER
The Virtual Community Group, Inc.
17 Park Road
Rural Town, NH
February 4, 2013
Advance Legal Writing | Page | 4
Anna Smith
Executive Director
Xavier Foundation
555 S. Smith St. Washington, TDO. 22222
Dear Ms. Smith,
I am writing to inquire whether the Xavier Foundation
would invite a proposal from the Virtual Community Group,
Inc., requesting an investment of P50,000 per year over two
years to support our Enterprise 2000 initiative. This grant
would provide part of the funds needed for us to train at least
1200 low-income entrepreneurs in rural New Hampshire in the
computer skills they need to create sustainable businesses as
we enter the twenty-first century. Your literature indicates that
the Xavier Foundation is searching for innovative ideas to
improve the lives of the rural poor; we believe Enterprise 2000
falls well within your area of interest.
Information technologies are a promising solution to one
of the primary obstacles facing the small rural enterprise: the
geographic distances which inhibit networking with other
businesses, and which segregate them from a larger
marketplace. The Internet and other networks are now making
it possible for entrepreneurs even in the most remote locations
to communicate and do business on a region-wide, national,
or even international basis. Working in conjunction with other
organizations, Enterprise 2000 gives program participants
technical skills training adapted to individual need; and, in
collaboration with organizations which recondition and
redistribute used computers, we also assure that they obtain
the necessary computer hardware, at low or no cost.
We believe that broadly-implemented technical skills
programs such as Enterprise 2000 have the potential to
transform the lives of many struggling entrepreneurs, and
change the economic landscape of impoverished rural
Advance Legal Writing | Page | 5
Sincerely,
DEMAND LETTER
(B.P. 22)
February 4, 2013
Jenny Aguilar
1059 Samar St.
Sampaloc, Metro Manila
Dear Ms. Jenny Aguilar,
Your check made payable to Security Bank Corporation
in the amount of Php. 1,000,000.00 has been returned to us
for insufficient funds. The bank will not allow us to redeposit
the check since it has already been presented on two
occasions.
Would you please bring the amount of the check, plus
the P5,000.00 fee for our service charge for returned checks, to
the manager's office at:
Security Bank Corporation
6776 Ayala Avenue, Makati City
We must ask that this amount of P 1,000,000.00 be paid
by 7 of August, 2012 in cash, certified check, or money order.
th
Sincerely,
Advance Legal Writing | Page | 7
DEMAND LETTER
(Collection of a Sum of Money)
February 4, 2013
Jenny Aguilar
1059 Samar St.
Sampaloc, Metro Manila
Dear Jenny Aguilar,
How can we try to persuade you to pay your delinquent
account?
We have tried many suggestions for extending the
payment period, for making the monthly payments smaller, for
getting help from lenders, and for at least discussing this
matter with us. Now we have exhausted our own resources.
We have to seek help from outside our own company. We
have consulted with our collection agency and they told us
that we have several avenues available to us for collecting our
money. We are very uncomfortable with the thought of going to
court and, therefore, hope you resolve this outstanding
balance today.
To avoid legal action, we must have your check for P
1,000,000.00 on or before August 28, 2012.
Advance Legal Writing | Page | 8
Sincerely,
DEMAND LETTER
(Ejectment)
Sincerely,
DEMAND LETTER
(Estafa)
February 4, 2013
Ron Ron R. Siervo
3rd F, Security Bank Bldg.
Ayala Ave., Makati City
Cell no: 0923-9700123
Sincerely,
4 February 2013
Advance Legal Writing | Page | 12
Crimi
nal
Advance Legal Writing | Page | 14
Proce
eding
s
OCAMPO
Assistant City Prosecutor
PEDRO SANTOS
Affiant
SUBSCRIBED and SWORN, to before me in Makati City,
this 18th day of February 2012, affiant with Residence
Certificate No. 0011281984 issued at Makati City, on January
5, 2012.
Complainant,
I.S. No. B-456 789
For: Protection Order
(Sec.8, R.A.9262)
- versus -
Pedro Santos
Respondent.
x------------------------x
REPLY
COMES NOW, Regina Dela Cruz, unto the Honorable
Prosecutor, most respectfully aver and state:
1. That in view of the reply the counter-affidavit
submitted by the respondent in I. S. No. B-456-789
I hereby reiterate and incorporate herein my
allegations in my earlier complaints-affidavit filed
against the answering respondent;
2. That the argument raised by the respondent in the
counter affidavit is that his actions are not criminal
in nature but are defensive in nature;
3. That there can be no conclusion other than the fact
that the respondent willfully, unlawfully, feloniously
committed serious physical injuries against the
petitioner;
4. That the rest of the allegations in respondents
counter affidavit are irrelevant and immaterial and
are evidently designed to release the accused from
any criminal liability;
- versus -
Pedro Santos
Respondent.
x------------------------x
REJOINDER
COMES NOW, Pedro Santos, unto the Honorable
Prosecutor, and by way of a Rejoinder, most respectfully aver
that:
1. This Rejoinder is being filed with the Office of the City
Prosecutor considering that Reply filed by the
complainant disregards the fact that the acts
committed by respondent are defensive in nature;
2. Such points to no other conclusion that what
transpired is a self-defense and respondent is not
criminally liable;
Advance Legal Writing | Page | 23
Pedro Santos
Respondent
SUBSCRIBED AND SWORN to before me this 28th day of
February, 2012, at the City of Makati, Philippines, and I
hereby certify that I have personally examined the affiant and
that I am satisfied that she voluntarily executed and
understood her affidavit.
- versus -
Pedro Santos
Respondent.
x------------------------x
SUR-REJOINDER
COMES NOW the complainant, Regina Dela Cruz,
through counsel, unto the Honorable Prosecutor, and by way
of a Sur rejoinder, respectfully aver and state that:
1. This Sur rejoinder is being filed with the Office of the
City Prosecutor considering that Rejoinder filed by the
respondent disregards the fact that his actions are
criminal in nature and not in any way defensive in
nature.
PREMISES CONSIDERED, it is respectfully prayed that
the Office of the City Prosecutor files the information against
the herein respondent.
Other just and equitable reliefs are likewise prayed for.
Makati City, March 5, 2012.
Respectfully submitted,
LOURENA A. BUNDAC
Counsel for Complainant
Roll No. 22344556
PTR No. 22345/01-07-11/Makati City
IBP No. 223456/02-01-11/Makati City
MCLE No. 223456/02-01-11/Makati City
Copy furnished:
Pedro Santos Makati City
#1 Ayala Avenue, Makati City, Philippines
Advance Legal Writing | Page | 26
Makati City
Regina Dela Cruz,
Complainant,
I.S. No. B-456 789
For: Protection Order
(Sec.8, R.A.9262)
- versus -
Pedro Santos
Respondent.
x------------------------x
MOTION FOR CLARIFICATORY QUESTIONS
Accused Pedro Santos, through the undersigned counsel
and unto the Honorable Prosecutor, most respectfully avers:
1 That he is the accused in the above-entitled case of the
crime of violation of RA 9262 committed against
Regina Dela Cruz;
2 That the Complaint-Affidavit contains several matters
that are vague and may jeopardize the Constitutional
rights of the accused.
WHEREFORE, it is respectfully prayed that the
respondent be allowed to ask clarificatory questions upon the
complainant and the complainants counsel.
Other just and equitable reliefs are likewise prayed for.
April 10, 2012. Makati City
Respectfully submitted,
NOTICE OF HEARING
LOURENA A. BUNDAC
Counsel for Complainant
Makati City
Dear Maam,
Greetings!
Please take notice that on Friday, April 10,
Makati City Regional Trial Court Branch 07 at 9
or as soon thereafter as counsel can be
undersigned will submit the foregoing motion for
of the court.
2012, at the
oclock a.m.,
heard, the
the approval
- versus -
Pedro Santos
Respondent.
x------------------------x
RESOLUTION
SUBMITTED for resolution is a complaint for violation of
R.A. 9262 or the allegedly committed during February 1, 2,
and 3,2012, at Makati City, supported by the sworn statement
of the complainant and her witness and photocopies of the
police report of the incident.
In his sworn statement, the complainant alleges that,
during the afore-stated period of time and place, the
respondent, motivated by greed, anger and evil motives against
Advance Legal Writing | Page | 30
ALFREDO DE OCAMPO
Assistant City Prosecutor
Approved:
MARIENELL FORTUNO
City Prosecutor
- versus -
Pedro Santos
Respondent.
Advance Legal Writing | Page | 32
x------------------------x
INFORMATION
The undersigned Assistant City Prosecutor of Makati
City, upon prior written authority of the City Prosecutor,
accuses PEDRO SANTOS, of violation of RA 9262, committed
as follows:
That on February 1,2, and 3, 2012, in Makati City,
Philippines, and within the jurisdiction of this Honorable
Court, the said accused willfully, unlawfully and
feloniously forced the complainant to sign a Deed of
Conveyance to transfer ownership of the land she
inherited from her parents into the name of her husband
Pedro Santos, upon denial, respondent physically abused
complainant who is his wife, that happened thrice in a
span of three (3) days. Complainant apparently suffered
significant amount of injury which resulted to her
permanent blindness.
Contrary to law.
Makati City, March 30, 2012
ALFREDO DE OCAMPO
Assistant City Prosecutor
Witnesses:
1 Pedro Santos, Jr.
No. 1 Ayala Avenue,
Makati City,
Philippines
- versus -
(Sec.8, R.A.9262)
Pedro Santos,
Accused.
x------------------------x
MOTION TO ALLOW ACCUSED TO POST BAIL
COMES NOW accused PEDRO SANTOS, through the
undersigned counsel, and respectfully alleges:
1. That the defendant is in custody for the alleged
violation of RA 9262;
2. That no bail has been recommended for his temporary
release, on the assumption that the evidence of guilt is
strong;
3. That the burden of showing that evidence of guilt is
strong is on the prosecution, and unless this fact is
satisfactorily shown, the defendant may be bailed at
the courts discretion;
4. That the prosecution has not presented substantial
evidence to prove that the guilt is strong but presented
only mere statements from relatives.
WHEREFORE, upon prior notice and hearing, it is
respectfully prayed that the defendant be admitted to bail in
such amount as this Honorable Court may fix.
April 10, 2012. Makati City
Respectfully submitted,
Advance Legal Writing | Page | 40
NOTICE OF HEARING
MARIENELL FORTUNO
City Prosecutor
Makati City
Dear Prosecutor Fortuno,
Greetings!
Please take notice that on Friday, April 10,
Makati City Regional Trial Court Branch 07 at 9
or as soon thereafter as counsel can be
undersigned will submit the foregoing motion for
of the court.
2012, at the
oclock a.m.,
heard, the
the approval
Emily Papin
Affiant
SUBSCRIBED AND SWORN to before me this 5th day of
April 2012 at Makati City, Philippines, affiant appearing before
me with his CTC No. 1298 issued on January 2, 2012 at
Makati City, Philippines and SSS No. 021646544 issued on
April 12, 1995.
- versus -
Pedro Santos,
Accused.
x------------------------x
MOTION TO REDUCE BAIL
Accused PEDRO SANTOS, through the undersigned
counsel, and respectfully alleges:
1. That the bail for his provisional release has been set at
Php 50,000.00
2. That said defendant is a person whose wage he earns
from ABC Corp amounting to a net of Php 10,000.00 a
month is barely enough to meet even his personal
needs.
WHEREFORE, the accused PEDRO SANTOS respectfully
prays that the court grants this motion to reduce bail to Php
15,000.00 or such amount as the court sees just in
accordance with the circumstances thus presented.
Other just and equitable reliefs are likewise prayed for.
April 10, 2012. Makati City
Respectfully submitted,
NOTICE OF HEARING
MARIENELL FORTUNO
City Prosecutor
Makati City
Dear Prosecutor Fortuno,
Advance Legal Writing | Page | 45
Greetings!
Please take notice that on Wednesday, April 15, 2012, at
the Makati City Regional Trial Court Branch 07 at 9 oclock
a.m., or as soon thereafter as counsel can be heard, the
undersigned will submit the foregoing motion for the approval
of the court.
Makati, Philippines. April 10, 2012
Emily Papin
Affiant
SUBSCRIBED AND SWORN to before me this 10th day of
April 2012 at Makati City, Philippines, affiant appearing before
me with his CTC No. 1298 issued on January 2, 2012 at
Makati City, Philippines and SSS No. 021646544 issued on
April 12, 1995.
- versus -
Pedro Santos,
Accused.
x------------------------x
MOTION TO QUASH
Accused PEDRO SANTOS, through the undersigned
counsel, and respectfully alleges:
1. That he is the accused in the above-entitled case of the
crime of Violation of RA 9262 committed against
Regina Dela Cruz;
2. That the act held as criminal is a defensive act of the
respondent thus doesnt hold liable whatsoever;
3. That the facts charged do not constitute an offense as
previously expounded in the other pleadings related to
this case.
WHEREFORE, it is respectfully prayed that the complaint
and information filed in this case be quashed, with costs de
oficio.
NOTICE OF HEARING
MARIENELL FORTUNO
City Prosecutor
Makati City
Dear Prosecutor Fortuno,
Greetings!
Please take notice that on Wednesday, April 15, 2012, at
the Makati City Regional Trial Court Branch 07 at 9 oclock
a.m., or as soon thereafter as counsel can be heard, the
undersigned will submit the foregoing motion for the approval
of the court.
Makati, Philippines. April 10, 2012
Emily Papin
Affiant
SUBSCRIBED AND SWORN to before me this 10th day of
April 2012 at Makati City, Philippines, affiant appearing before
Advance Legal Writing | Page | 51
- versus -
Pedro Santos,
Accused.
Advance Legal Writing | Page | 53
x------------------------x
MOTION FOR JUDICIAL DETERMINATION OF
PROBABLE CAUSE AND TO HOLD IN ABEYANCE
THE ARRAIGNMENT OF THE ACCUSED
Accused PEDRO SANTOS, through the undersigned
counsel, and respectfully alleges that:
1. He is the accused in the above-entitled case of the for
Violation OF RA 9262 committed against Regina Dela
Cruz;
2. The facts charged do not constitute an offense as
previously expounded in the other pleadings related to
this case;
3. The act was on an act of self-defense apparently
against the aggression by the complainant;
4. The City Prosecutor made a grave abuse of discretion
when she approved the filing of the Information when
there is evidently no probable cause to hold the herein
accused for the crime she allegedly committed.
WHEREFORE, it is respectfully prayed that this
Honorable Court conduct a determination of probable cause,
pursuant to Article III, Section 2 of the 1987 Constitution and
for the time being, hold in abeyance the arraignment of the
herein accused.
April 10, 2012. Makati City
Respectfully submitted,
NOTICE OF HEARING
MARIENELL FORTUNO
City Prosecutor
Makati City
Dear Prosecutor Fortuno,
Greetings!
Please take notice that on Wednesday, April 15, 2012, at
the Makati City Regional Trial Court Branch 07 at 9 oclock
a.m., or as soon thereafter as counsel can be heard, the
undersigned will submit the foregoing motion for the approval
of the court.
Makati, Philippines. April 10, 2012
Emily Papin
Affiant
SUBSCRIBED AND SWORN to before me this 10th day of
April 2012 at Makati City, Philippines, affiant appearing before
me with his CTC No. 1298 issued on January 2, 2012 at
Makati City, Philippines and SSS No. 021646544 issued on
April 12, 1995.
- versus -
Pedro Santos
Respondent.
x------------------------x
MOTION FOR RECONSIDERATION
(PROSECUTORS RESOLUTION)
Accused PEDRO SANTOS, through the undersigned
counsel, and respectfully alleges that:
1. He is the accused in the above-entitled case of the
crime of Violation of RA 9262 committed against
Regina Dela Cruz;
2. The evidence presented is not sufficient to justify the
findings of probably cause.
Advance Legal Writing | Page | 58
NOTICE OF HEARING
MARIENELL FORTUNO
City Prosecutor
Makati City
Dear Prosecutor Fortuno,
Greetings!
Please take notice that on Wednesday, April 15, 2012, at
the Makati City Regional Trial Court Branch 07 at 9 oclock
a.m., or as soon thereafter as counsel can be heard, the
undersigned will submit the foregoing motion for the approval
of the court.
Emily Papin
Affiant
SUBSCRIBED AND SWORN to before me this 10th day of
April 2012 at Makati City, Philippines, affiant appearing before
me with his CTC No. 1298 issued on January 2, 2012 at
Makati City, Philippines and SSS No. 021646544 issued on
April 12, 1995.
- versus -
ASSIGNMENT OF ERROR
III
ARGUMENT
ISSUE
RELIEF
- versus -
Pedro Santos,
Accused.
x------------------------x
MOTION FOR THE ISSUANCE OF AN
ALIAS WARRANT OF ARREST
The undersigned City Prosecutor of Makati respectfully
alleges that:
1. This honorable court issued a warrant of arrest to the
accused, PEDRO SANTOS, dated April 10, 2012.
Attached herewith the copy of warrant of arrest;
MARIENELL FORTUNO
City Prosecutor
Makati City
NOTICE OF HEARING
ALEXES JOSEPH R. BENDIJO
COUNSEL FOR THE ACCUSED
Dear Atty. Bendijo,
Greetings!
Please take notice that on Friday April 22,
Makati City Regional Trial Court Branch 07 at 9
or as soon thereafter as counsel can be
undersigned will submit the foregoing motion for
of the court.
2012, at the
oclock a.m.,
heard, the
the approval
MARIENELL FORTUNO
City Prosecutor, Makati
Received by
Atty. Alexes R. Bendijo
Counsel for Accused
- versus -
Pedro Santos,
Accused.
x------------------------x
MOTION FOR DEMURRER TO EVIDENCE
WITH LEAVE OF COURT
Accused PEDRO SANTOS, through the undersigned
counsel, and respectfully alleges that:
1. That he is the accused in the above-entitled case for
the crime of Violation of RA 9262 against Regina Dela
Cruz;
2. That the facts charged do not constitute an offense as
previously expounded in the other pleadings related to
this case;
3. That the evidence presented where not
validated or certified by proper officials;
properly
NOTICE OF HEARING
MARIENELL FORTUNO
City Prosecutor
Makati City
Dear Prosecutor Fortuno,
Greetings!
Please take notice that on Wednesday, April 15, 2012, at
the Makati City Regional Trial Court Branch 07 at 9 oclock
a.m., or as soon thereafter as counsel can be heard, the
undersigned will submit the foregoing motion for the approval
of the court.
Makati, Philippines. April 10, 2012
Emily Papin
Affiant
SUBSCRIBED AND SWORN to before me this 10th day of
April 2012 at Makati City, Philippines, affiant appearing before
me with his CTC No. 1298 issued on January 2, 2012 at
Makati City, Philippines and SSS No. 021646544 issued on
April 12, 1995.
- versus -
Pedro Santos,
Accused.
x------------------------x
TRIAL BRIEF
ISSUES TO BE TRIED
EVIDENCE
DELA
CRUZ,
Jr.
who
witnessed
the
incidents.
VI.
RESORT TO DISCOVERY
Interrogatories to parties.
Respectfully submitted,
ALFREDO DE OCAMPO
Assistant City Prosecutor
Copy furnished by personal delivery:
- versus -
Pedro Santos,
Accused.
x------------------------x
PRE-TRIAL BRIEF
UNDERSIGNED Assistant City Prosecutor hereby
respectfully submits, for purposes of the Pre-Trial hereon,
conformably with Rule 118 of the (2000) Revised Rules on
Criminal Procedure, and sub-paragraph number 1 of
paragraph B of the chapter on Pre-Trial of Administrative
Matter No. 03-1-09-SC, the following Manifestations, Proposals
for Stipulation of Facts and Issues, and Identification of
Evidence for the Prosecution, to wit:
THEORY OF THE PROSECUTION
The theory of the prosecution is premised on the
application of the provisions of the Republic Act 9262 Sec. 5,
on the following circumstances, to wit:
That on February 1,2, and 3, 2012, in Makati City,
Philippines, and within the jurisdiction of this Honorable
Court, the said accused willfully, unlawfully and feloniously
forced the complainant to sign a Deed of Conveyance to
transfer ownership of the land she inherited from her parents
Advance Legal Writing | Page | 77
ISSUES
WHETHER OR NOT, on said date, time, and place, the
accused, performing the above-mentioned acts, constitute
acts in violation of Sec. 5 par. A of RA 9262.
Makati City, April 25, 2012.
Respectfully submitted,
ALFREDO DE OCAMPO
Assistant City Prosecutor
Copy furnished by personal delivery:
- versus -
Pedro Santos,
Accused.
Advance Legal Writing | Page | 81
x------------------------x
FORMAL OFFER OF EVIDENCE
UNDERSIGNED Assistant City Prosecutor respectfully
offers in evidence for the prosecution the following
documentary, physical, and testimonial evidence, to wit:
EXHIBIT A --- Marriage Contract of Pedro and Regina
Dela Cruz
EXHIBIT B --- Medical Certificate issued by Dr. John
Doe of St Lukes Hospital.
EXHIBIT C --- Dismissal from Employment
EXHIBIT F --- Police report and testimonies from
witnesses.
THE TESTIMONIAL EVIDENCE(EXHIBIT F) consists of the
testimonies of witnesses of neighbor (Ariben Tan and Hector
Lim) who apparently saw the incident and police officers (Vic
Sotto and Joey De Leon) who reported to incident.
EXHIBIT A,B, and C are supporting documents that will
prove that they are married, that complainant suffered
tremendous injury and that complainant lost her source of
living.
Exhibit A,B,C,F with all its respective sub-markings,
together with the testimony of said witnesses, are offered for the
identical purpose of showing that on November 1,3 and 10
respondent unlawfully, feloniously and intentionally caused
physical harm to respondent who is his wife.
Furthermore, the prosecution respectfully manifests that
all of the afore-described exhibits/evidence for the prosecution
have been submitted to custody of the Honorable Court.
Makati City, Philippines, April 28, 2012.
Advance Legal Writing | Page | 82
Respectfully submitted,
ALFREDO DE OCAMPO
Assistant City Prosecutor
Copy furnished by personal delivery:
- versus -
Pedro Santos,
Accused.
x------------------------x
PROFFER OF EVIDENCE
UNDERSIGNED Assistant City Prosecutor respectfully files
this proffer of evidence concerning the excluded evidence stated
below, in accordance with Section 40, Rule 133 of the Rules of
Court , to wit:
EXHIBIT A --- Marriage Contract of Pedro and Regina
Dela Cruz
EXHIBIT B --- Medical Certificate issued by Dr. John
Doe of St Lukes Hospital.
EXHIBIT C --- Dismissal from Employment
EXHIBIT F --- Police report and testimonies from
witnesses.
THE TESTIMONIAL EVIDENCE (EXHIBIT F) consists of
the testimonies of witnesses of neighbor (Ariben Tan and Hector
Lim) who apparently saw the incident and police officers (Vic
Sotto and Joey De Leon) who reported to incident.
EXHIBIT A,B, and C are supporting documents that will
prove that they are married, that complainant suffered
ALFREDO DE OCAMPO
Assistant City Prosecutor
May Perez
Affiant-Complainant
SUBSCRIBED AND SWORN to before me on October 27,
2011 affiant exhibiting to me his Community Tax Certificate
No. 123456 issued in Manila on January 25, 2011.
Witness my hand and Seal.
Alfredo De Ocampo
Assistant City Prosecutor
Alfredo De Ocampo
Assistant City Prosecutor
Copy Furnished:
MAY PEREZ
(Private-Complainant)
#2 Mayaman St., Naisahan Village,
Makati City, Philippines
May Perez,
Complainant,
I.S. No. 123456
For: Violation of BP 22
unto
the
Honorable
May Perez
Affiant-Complainant
SUBSCRIBED AND SWORN to before me on November
11, 2011 affiant exhibiting to me his Community Tax
Certificate No. 123456 issued in Manila on January 25, 2011.
Witness my hand and Seal.
Alfredo De Ocampo
Assistant City Prosecutor
Copy Furnished:
Bal A. Subas
(Respondent)
1st Street, Tago Subdivision,
Makati City, Philippines
versus -
Bal A. Subas
Respondent.
x------------------------x
REJOINDER
COMES NOW the respondent, Bal A. Subas, through
counsel, and, by way of a Rejoinder to the complainants Reply,
respectfully alleges that:
1. The Reply filed by the complainant disregards the fact
that respondent was not informed or was made aware
of the presentment, much more the dishonor by the
bank as alleged in the Complaint and Reply of herein
complainant;
LOURENA A. BUNDAC
Counsel for the Accused
Roll No.12344556
PTR No. 12345/01-07 11/Makati City
IBP No. 123456/02-01-11/Makati City
MCLE No. 123456/02-01-11/Makati City
SUBSCRIBED AND SWORN to before me this 21 th day of
November, 2011 at Makati. I further certify that I have
examined the affiant and I am satisfied that he understood
and voluntarily executed the foregoing counter-affidavit.
Alfredo De Ocampo
Assistant City Prosecutor
VIOLATION OF BATAS PAMBANSA BILANG 22
(Sur-Rejoinder)
versus -
Bal A. Subas
Respondent.
x------------------------x
SUR-REJOINDER
COMES NOW the complainant, MAY PEREZ, through
counsel, and, by way of a Sur rejoinder, respectfully alleges
that:
This Sur rejoinder is being filed with the Office of the City
Prosecutor considering that Rejoinder filed by the respondent
disregards the fact that Notice of Dishonor and demand for
payment were made upon the respondent. However, the latter
simply ignored them.
PREMISES CONSIDERED, it is respectfully prayed that
the Office of the City Prosecutor files the information against
the herein respondent.
Makati City, November 29, 2011.
Respectfully submitted,
Copy furnished:
versus -
Bal A. Subas
Respondent.
x------------------------x
MOTION FOR CLARIFICATORY QUESTIONS
Accused BAL A. SUBAS, through the undersigned
counsel, respectfully alleges:
1 That he is the accused in the above-entitled case of the
crime of violation of BP 22 committed against MAY
PEREZ;
2 That the Complaint-Affidavit contains several matters
that are vague and may jeopardize the Constitutional
rights of the accused.
WHEREFORE, it is respectfully prayed that the
respondent be allowed to ask clarificatory questions upon the
complainant and the complainants counsel.
December 16, 2011. Makati City
LOURENA A. BUNDAC
Counsel for the Accused
ROLL NO.12344556
PTR OR NO. 12345/01-07 11/Makati City
IBP OR NO. 123456/02-01-11/Makati City
MCLE NO. 123456/02-01-11/Makati City
NOTICE
OF
HEARING
MARIENELL FORTUNO
City Prosecutor
Makati City
Dear Prosecutor Fortuno,
Greetings!
Please take notice that on Friday, December 16, 2011, at
the Makati City Metropolitan Trial Court Branch 07 at 9
oclock a.m., or as soon thereafter as counsel can be heard,
the undersigned will submit the foregoing motion for the
approval of the court.
Makati, Philippines. December 12, 2011
LOURENA A. BUNDAC
Counsel for the Accused
ROLL NO.12344556
PTR OR NO. 12345/01-07 11/Makati City
IBP OR NO. 123456/02-01-11/Makati City
MCLE NO. 123456/02-01-11/Makati City
RESOLUTION
SUBMITTED for resolution is a complaint for violation of
Batas Pambansa Bilang 22 allegedly committed during the
month of August 2011, at Makati City, supported by the sworn
statement of the complainant, photocopies of the dishonored
checks, demand letters, and proof of receipt of the same by the
respondents.
ALFREDO DE OCAMPO
Assistant City Prosecutor
APPROVED:
MARIENELL FORTUNO
City Prosecutor
versus -
Bal A. Subas,
Defendant.
x---------------------------------x
INFORMATION
The undersigned Assistant City Prosecutor accuses BAL
A. SUBAS of the crime of violation of B.P. 22, committed as
follows;
That sometime in the month of August 2011, in the
city of Makati, Philippines and within the jurisdiction of
this Honorable Court, the above-named accused, did
then and there willfully, unlawfully and feloniously make
or draw and issue to MAY PEREZ, to apply on account or
for value the check describe below:
CHECK No.
Drawn Against :
In the Amount of
Dated/ Postdated
:
123
Bank of the Philippine Islands
:
Php 500,000
:
August 5, 2011
ALFREDO DE OCAMPO
Assistant City Prosecutor
Witnesses:
1. Draymond M. Green - No. 1 Second Street, Makati
City, Philippines
BAIL RECOMMENDED: P200,000.00.
ALFREDO DE OCAMPO
Assistant City Prosecutor
MAY PEREZ
Affiant
SUBSCRIBED AND SWORN to before me on December
13, 2011 affiant exhibiting to me his Community Tax
Certificate No. 123456 issued in Manila on January 25, 2011.
Doc. No.
Page No.
Book No.
Series of 2011.
MAY PEREZ
Affiant
SUBSCRIBED AND SWORN to before me on December
13, 2011 affiant exhibiting to me his Community Tax
Certificate No. 123456 issued in Manila on January 25, 2011.
Doc. No.
Page No.
Book No.
Series of 2011.
MAY PEREZ
Affiant
SUBSCRIBED AND SWORN to before me on December
13, 2011 affiant exhibiting to me his Community Tax
Certificate No. 123456 issued in Manila on January 25, 2011.
Notary Public
Until December 31, 2011
PTR No. 1234567 1/12/11
IBP No. 6789 1/2/11
ROA 91234
Doc. No.
Page No.
Book No.
Series of 2011.
LOURENA A. BUNDAC
COUNSEL FOR THE ACCUSED
ROLL NO.12344556
PTR OR NO. 12345/01-07 11/Makati City
IBP OR NO. 123456/02-01-11/Makati City
MCLE NO. 123456/02-01-11/Makati City
NOTICE
OF
HEARING
MARIENELL FORTUNO
City Prosecutor
Makati City
Dear Prosecutor Fortuno,
Greetings!
Please take notice that on Friday, December 16, 2011, at
the Makati City Metropolitan Trial Court Branch 07 at 9
oclock a.m., or as soon thereafter as counsel can be heard,
the undersigned will submit the foregoing motion for the
approval of the court.
Makati, Philippines. December 12, 2011
LOURENA A. BUNDAC
Counsel for the Accused
Advance Legal Writing | Page | 113
ROLL NO.12344556
PTR OR NO. 12345/01-07 11/Makati City
IBP OR NO. 123456/02-01-11/Makati City
MCLE NO. 123456/02-01-11/Makati City
Received by:
Defendant.
x---------------------------------x
MOTION TO REDUCE BAIL
COMES NOW Accused BAL A. SUBAS, through the
undersigned counsel, and respectfully alleges:
1. That the bail for his provisional release has been set at
Php 200,000.00
2. That said defendant has other current obligations which
are due and demandable, proof of such are attached here
as Annex A.
WHEREFORE, the accused BAL A. SUBAS respectfully
prays that the court grants this motion to reduce bail to Php
50,000.00 or such amount as the court sees just in
accordance with the circumstances thus presented.
December 16, 2011. Makati City.
LOURENA A. BUNDAC
COUNSEL FOR THE ACCUSED
ROLL NO.12344556
PTR OR NO. 12345/01-07 11/Makati City
IBP OR NO. 123456/02-01-11/Makati City
MCLE NO. 123456/02-01-11/Makati City
NOTICE
OF
HEARING
MARIENELL FORTUNO
City Prosecutor
Makati City
Dear Prosecutor Fortuno,
Greetings!
Please take notice that on Friday, December 16, 2011, at
the Makati City Metropolitan Trial Court Branch 07 at 9
oclock a.m., or as soon thereafter as counsel can be heard,
the undersigned will submit the foregoing motion for the
approval of the court.
Makati, Philippines. December 12, 2011
LOURENA A. BUNDAC
Counsel for the Accused
ROLL NO.12344556
PTR OR NO. 12345/01-07 11/Makati City
IBP OR NO. 123456/02-01-11/Makati City
MCLE NO. 123456/02-01-11/Makati City
Received by:
versus -
For: Violation of BP 22
Bal A. Subas,
Defendant.
x---------------------------------x
MOTION TO RELEASE ACCUSED ON RECOGNIZANCE
prayed
that
the
accused
be
released
on
recognizance.
LOURENA A. BUNDAC
COUNSEL FOR THE ACCUSED
ROLL NO.12344556
PTR OR NO. 12345/01-07 11/Makati City
Advance Legal Writing | Page | 117
NOTICE
OF
HEARING
MARIENELL FORTUNO
City Prosecutor
Makati City
Dear Prosecutor Fortuno,
Greetings!
Please take notice that on Friday, December 16, 2011, at
the Makati City Metropolitan Trial Court Branch 07 at 9
oclock a.m., or as soon thereafter as counsel can be heard,
the undersigned will submit the foregoing motion for the
approval of the court.
Makati, Philippines. December 12, 2011
LOURENA A. BUNDAC
Counsel for the Accused
ROLL NO.12344556
PTR OR NO. 12345/01-07 11/Makati City
IBP OR NO. 123456/02-01-11/Makati City
MCLE NO. 123456/02-01-11/Makati City
Received by:
MOTION TO QUASH
Defendant BAL A. SUBAS, through the undersigned
counsel, respectfully alleges:
1. That he is the accused in the above-entitled case of the
crime of Violation of BP 22 committed against MAY
PEREZ.
2. That the facts charged do not constitute an offense as
previously expounded in the other pleadings related to
this case.
WHEREFORE, it is respectfully prayed that the complaint
and information filed in this case be quashed, with costs de
oficio.
LOURENA A. BUNDAC
COUNSEL FOR THE ACCUSED
ROLL NO.12344556
PTR OR NO. 12345/01-07 11/Makati City
IBP OR NO. 123456/02-01-11/Makati City
MCLE NO. 123456/02-01-11/Makati City
NOTICE
OF
HEARING
MARIENELL FORTUNO
City Prosecutor
Makati City
Dear Prosecutor Fortuno,
Greetings!
Please take notice that on Friday, December 16, 2011, at
the Makati City Metropolitan Trial Court Branch 07 at 9
oclock a.m., or as soon thereafter as counsel can be heard,
the undersigned will submit the foregoing motion for the
approval of the court.
Makati, Philippines. December 12, 2011
LOURENA A. BUNDAC
Advance Legal Writing | Page | 120
Received by:
LOURENA A. BUNDAC
COUNSEL FOR THE ACCUSED
ROLL NO.12344556
PTR OR NO. 12345/01-07 11/Makati City
IBP OR NO. 123456/02-01-11/Makati City
MCLE NO. 123456/02-01-11/Makati City
NOTICE
OF
HEARING
MARIENELL FORTUNO
City Prosecutor
Makati City
Dear Prosecutor Fortuno,
Greetings!
Please take notice that on Friday, December 16, 2011, at
the Makati City Metropolitan Trial Court Branch 07 at 9
oclock a.m., or as soon thereafter as counsel can be heard,
the undersigned will submit the foregoing motion for the
approval of the court.
Makati, Philippines. December 12, 2011
LOURENA A. BUNDAC
Counsel for the Accused
ROLL NO.12344556
PTR OR NO. 12345/01-07 11/Makati City
IBP OR NO. 123456/02-01-11/Makati City
MCLE NO. 123456/02-01-11/Makati City
Received by:
Makati City
Mary Perez,
Complainant,
versus -
Bal A. Subas,
Respondent.
x------------------------x
MOTION FOR RECONSIDERATION
Respondent BAL A. SUBAS, through the undersigned
counsel, respectfully alleges:
1. That he is the respondent in the above-entitled
complaint of the crime of violation of BP 22 committed
against MAY PEREZ.
2. That the evidence presented is not sufficient to justify
the findings of probably cause.
WHEREFORE, it is respectfully prayed that the City
Prosecutor reconsiders his finding of probable cause in the
above titled complaint.
December 16, 2011. Makati City
LOURENA A. BUNDAC
COUNSEL FOR THE ACCUSED
ROLL NO.12344556
PTR OR NO. 12345/01-07 11/Makati City
IBP OR NO. 123456/02-01-11/Makati City
MCLE NO. 123456/02-01-11/Makati City
NOTICE
OF
HEARING
MARIENELL FORTUNO
City Prosecutor
Makati City
Dear Prosecutor Fortuno,
Greetings!
Please take notice that on Friday, December 16, 2011, at
the Makati City Metropolitan Trial Court Branch 07 at 9
oclock a.m., or as soon thereafter as counsel can be heard,
the undersigned will submit the foregoing motion for the
approval of the court.
Makati, Philippines. December 12, 2011
LOURENA A. BUNDAC
Counsel for the Accused
ROLL NO.12344556
PTR OR NO. 12345/01-07 11/Makati City
IBP OR NO. 123456/02-01-11/Makati City
MCLE NO. 123456/02-01-11/Makati City
Advance Legal Writing | Page | 126
Received by:
the
ASSIGNMENT OF ERROR
II.
III.
STATEMENT OF ISSUE
RELIEF
LOURENA A. BUNDAC
Counsel for the Accused
ROLL NO.12344556
PTR OR NO. 12345/01-07 11/Makati City
IBP OR NO. 123456/02-01-11/Makati City
MCLE NO. 123456/02-01-11/Makati City
LOURENA A. BUNDAC
COUNSEL FOR THE ACCUSED
ROLL NO.12344556
PTR OR NO. 12345/01-07 11/Makati City
IBP OR NO. 123456/02-01-11/Makati City
MCLE NO. 123456/02-01-11/Makati City
NOTICE
OF
HEARING
MARIENELL FORTUNO
City Prosecutor
Makati City
Dear Prosecutor Fortuno,
Greetings!
Please take notice that on Friday, December 16, 2011, at
the Makati City Metropolitan Trial Court Branch 07 at 9
oclock a.m., or as soon thereafter as counsel can be heard,
Advance Legal Writing | Page | 131
LOURENA A. BUNDAC
Counsel for the Accused
ROLL NO.12344556
PTR OR NO. 12345/01-07 11/Makati City
IBP OR NO. 123456/02-01-11/Makati City
MCLE NO. 123456/02-01-11/Makati City
Received by:
Defendant.
x---------------------------------x
MOTION FOR DEMURRER TO EVIDENCE
WITH LEAVE OF COURT
Accused BALA A. SUBAS, through the undersigned
counsel, respectfully alleges:
1. That he is the accused in the above-entitled case of the
crime of Violation of BP 22 committed against May
Perez;
2. That the facts charged do not constitute an offense as
previously expounded in the other pleadings related to
this case;
3. That the evidence submitted is insufficient to convict
the herein accused of the crime charged against him.
LOURENA A. BUNDAC
COUNSEL FOR THE ACCUSED
ROLL NO.12344556
PTR OR NO. 12345/01-07 11/Makati City
IBP OR NO. 123456/02-01-11/Makati City
MCLE NO. 123456/02-01-11/Makati City
NOTICE
OF
HEARING
MARIENELL FORTUNO
City Prosecutor
Makati City
Dear Prosecutor Fortuno,
Greetings!
Please take notice that on Friday, December 16, 2011, at
the Makati City Metropolitan Trial Court Branch 07 at 9
oclock a.m., or as soon thereafter as counsel can be heard,
the undersigned will submit the foregoing motion for the
approval of the court.
Makati, Philippines. December 12, 2011
LOURENA A. BUNDAC
Advance Legal Writing | Page | 134
Received by:
TRIAL BRIEF
PLAINTIFF, by counsel, respectfully submits his Trial Brief,
as follows:
Advance Legal Writing | Page | 135
I.
ISSUES TO BE TRIED
EVIDENCE
RESORT TO DISCOVERY
Interrogatories to parties.
Makati City, December 18, 2011
LOURENA A. BUNDAC
Counsel for the Accused
ROLL NO.12344556
PTR OR NO. 12345/01-07 11/Makati City
IBP OR NO. 123456/02-01-11/Makati City
MCLE NO. 123456/02-01-11/Makati City
Received by:
Defendant.
x---------------------------------x
PRE-TRIAL BRIEF
UNDERSIGNED
Assistant
City
Prosecutor
hereby
Procedure,
and
sub-paragraph
number
of
(P500,000.00),
amount
of
said
check,
or
to
make
versus -
Bal A. Subas,
Advance Legal Writing | Page | 143
Defendant.
x---------------------------------x
FORMAL OFFER OF EVIDENCE
UNDERSIGNED Assistant City Prosecutor respectfully
offers in evidence for the prosecution the following
documentary, physical, and testimonial evidence, to wit:
EXHIBIT A --- A true and faithful machine
reproduction of the dishonored check.
EXHIBIT B --- A true and faithful machine
reproduction of the notice of dishonor sent by
the complainant to the accused;
EXHIBIT C A true and faithful machine
reproduction of the demand letter sent by the
complainant to the accused.
THE TESTIMONIAL EVIDENCE consists of the
testimonies given by witnesses May Perez, the private offended
party; and Draymond M. Green, business partner of the herein
private offended party who was present during the issuance of
the check and the failed encashment thereof.
Exhibits A, B, C, D, and E, with all its respective submarkings, together with the testimony of said witnesses, are
offered for the identical purpose of showing that on 5 th day of
August, 2011, at Jollibee Ayala Avenue, Makati City,
Philippines, the accused issued a check knowing fully well that
it is not funded or that he was not able to maintain the fund
sufficient to pay for his obligation with the herein private
offended party.
Furthermore, the prosecution respectfully manifests that
all of the afore-described exhibits/evidence for the prosecution
have been submitted to custody of the Honorable Court.
Advance Legal Writing | Page | 144
Respectfully submitted:
Alfredo De Ocampo
Assistant City Prosecutor
Defendant.
x---------------------------------x
PROFFER OF EVIDENCE
UNDERSIGNED Assistant City Prosecutor respectfully files
this proffer of evidence concerning the excluded evidence stated
below, in accordance with Section 40, Rule 133 of the Rules of
Court , to wit:
EXHIBIT A ---
machine
Respectfully submitted:
ALFREDO DE OCAMPO
Assistant City Prosecutor
ESTAFA
(Complaint-Affidavit)
NILO LOCCO
(Affiant)
SUBSCRIBED AND SWORN to before me this 5th day of
October 2010, affiant exhibiting to me his Community Tax
Certificate No. 987654321 issued on January 5, 2010, at
Makati City.
VICTOR C. SALVADOR
Assistant City Prosecutor
CERTIFICATION
This is to certify that I have personally examined the
affiant and I am satisfied that he understood this complaintaffidavit and that he voluntarily executed the same.
VICTOR C. SALVADOR
Advance Legal Writing | Page | 149
ESTAFA
(Counter-Affidavit)
ESTEE NAFA
Affiant
SUBSCRIBED AND SWORN to before me this 10 th day of
October 2010, affiant exhibiting to me his Community Tax
Certificate No. 123456 issued on January 5, 2010, at Makati
City.
CERTIFICATION
This is to certify that I have personally examined the
affiant and I am satisfied that he understood this counteraffidavit and that he voluntarily executed the same.
VICTOR C. SALVADOR
Assistant City Prosecutor
ESTAFA
(Reply)
Republic of the Philippines
Department of Justice
OFFICE OF THE CITY PROSECUTOR
Makati
Nilo Locco,
Complainant,
- versus -
Estee Nafa,
Respondent.
x------------------------x
REPLY
I, NILO LOCCO, of legal age, Filipino citizen, single, a
resident of Makati City, and with business postal address #1
Ayala Avenue, Makati City, after having been duly sworn in
accordance with law, freely and voluntarily depose and state
that:
a I am executing this affidavit in reply jointly to the
counter-affidavit submitted by the respondent in
I. S. No. A-123-456 and, at this outset, I hereby
reiterate and incorporate herein my allegations in
my earlier complaints-affidavit filed against the
answering respondent;
b The argument raised by the respondent in the
counter affidavit is that the Deed of Conveyance
is actually a Deed of Sale;
Advance Legal Writing | Page | 152
NILO LOCCO
(Affiant)
VICTOR C. SALVADOR
Assistant City Prosecutor
ESTAFA
(Rejoinder)
Republic of the Philippines
Department of Justice
OFFICE OF THE CITY PROSECUTOR
Makati
Nilo Locco,
Complainant,
- versus -
Estee Nafa,
Respondent.
x------------------------x
REJOINDER
COMES NOW the respondent, ESTEE NAFA, through
counsel, and, by way of a Rejoinder to the complainants Reply,
respectfully alleges that:
JEREMY B. BAUTISTA
Counsel for the Respondent
ROLL NO.12344556
PTR OR NO. 12345/01-07 10/Makati City
IBP OR NO. 123456/02-01-10/Makati City
MCLE NO. 123456/02-01-10/Makati City
Copy furnished:
NILO LOCCO
#1 Ayala Avenue, Makati City
ESTAFA
(Sur-Rejoinder)
Republic of the Philippines
Department of Justice
OFFICE OF THE CITY PROSECUTOR
Makati
Nilo Locco,
Complainant,
- versus -
Estee Nafa,
Respondent.
x------------------------x
SUR REJOINDER
COMES NOW the complainant, NILO LOCCO, through
counsel, and, by way of a Sur rejoinder, respectfully alleges
that:
1. This Sur rejoinder is being filed with the Office of the
City Prosecutor considering that Rejoinder filed by the
respondent disregards the fact that the mere
conversion of property entrusted to the agent without
the principals consent constitute estafa under the
Revised Penal Code.
PREMISES CONSIDERED, it is respectfully prayed that
the Office of the City Prosecutor files the information against
the herein respondent.
Makati City, October 30, 2010.
Advance Legal Writing | Page | 156
Respectfully submitted:
RAMONCHITO L. DE LUMEN
COUNSEL FOR THE COMPLAINANT
ROLL NO. 22344556
PTR OR NO. 22345/01-07-10/Makati City
IBP OR NO. 223456/02-01-10/Makati City
MCLE NO. 223456/02-01-10/Makati City
Copy furnished:
ESTEE NAFA Makati City
Respondent
ESTAFA
(Motion for Clarificatory Questions)
Republic of the Philippines
Department of Justice
OFFICE OF THE CITY PROSECUTOR
Makati
Nilo Locco,
Complainant,
- versus -
Estee Nafa,
Respondent.
x------------------------x
MOTION FOR CLARIFICATORY QUESTIONS
Accused
ESTEE
NAFA,
through
the
undersigned
it
is
respectfully
prayed
that
the
JEREMY B. BAUTISTA
Counsel for the Accused
ROLL NO.12344556
PTR OR NO. 12345/01-07 10/Makati City
IBP OR NO. 123456/02-01-10/Makati City
MCLE NO. 123456/02-01-10/Makati City
NOTICE
OF
HEARING
RONALD C. GONZALES
City Prosecutor
Makati City
Greetings:
Please take notice that on Friday, November 10, 2010, at
the Makati City Regional Trial Court Branch 07 at 9 oclock
a.m., or as soon thereafter as counsel can be heard, the
undersigned will submit the foregoing motion for the approval
of the court.
Makati, Philippines. November 4, 2010
Respectfully submitted:
JEREMY B. BAUTISTA
Counsel for the Accused
Advance Legal Writing | Page | 159
ROLL NO.12344556
PTR OR NO. 12345/01-07 10/Makati City
IBP OR NO. 123456/02-01-10/Makati City
MCLE NO. 123456/02-01-10/Makati City
Received by:
RAMONCHITO L. DE LUMEN
Counsel for Complainant
ESTAFA
(Resolution)
Republic of the Philippines
Department of Justice
OFFICE OF THE CITY PROSECUTOR
Makati
Nilo Locco,
Complainant,
- versus -
Estee Nafa,
Respondent.
x------------------------x
RESOLUTION
SUBMITTED for resolution is a complaint for Estafa
allegedly committed during the month of October 2005, at
Makati City, supported by the sworn statement of the
complainant, photocopies of the Contract of Agency and the
Deed of Conveyance.
Advance Legal Writing | Page | 160
on
October
1,
2030,
ESTEE
NAFA
the
evaluation
of
the
complainants
evidence,
VICTOR C. SALVADOR
Assistant City Prosecutor
APPROVED:
RONALD C. GONZALES
City Prosecutor
ESTAFA
(Information)
Republic of the Philippines
National Capital Judicial Region
METROPOLITAN TRIAL COURT
Makati, Brach VII
People of the Philippines
Plaintiff,
Criminal Case No. 12345
For: Violation of Art. 315 (b)
of the RPC (Estafa)
- versus -
Estee Nafa,
Defendant.
x---------------------------------x
INFORMATION
Advance Legal Writing | Page | 162
RONALD C. GONZALES
City Prosecutor
I HEREBY CERTIFY that this Information is being filed in
accordance with the 2000 Rules on Criminal Procedure; that
upon examination of the affidavit of the complainant and other
evidence submitted, there is reasonable ground to believe that
the crime charged has been committed and that the accused is
probably guilty thereof, and that the accused was given the
opportunity to submit her controverting evidence.
Advance Legal Writing | Page | 163
VICTOR C. SALVADOR
Assistant City Prosecutor
SUBSCRIBED AND SWORN to before me this 3rd day of
November, 2010, at Makati City.
RONALD C. GONZALES
City Prosecutor
Witnesses:
Chiz Moso #3 La Gawa, St. Makati City
BAIL RECOMMENDED:
Php 100,000.00
RONALD C. GONZALES
City Prosecutor
ESTAFA
(Affidavit of Desistance Mis-accounting)
NILO LOCCO
(Affiant)
ANTHONY M. LAUREANO
Notary Public
Until December 31, 2010
PTR No. 1234567 1/12/10
IBP No. 6789 1/2/110
ROA 91234
Doc. No.
Page No.
Book No.
Series of 2010.
ESTAFA
(Affidavit of Desistance Mistaken Identity)
NILO LOCCO
(Affiant)
SUBSCRIBED AND SWORN to before me this 4th day of
November 2010, affiant exhibiting to me his Community Tax
Certificate No. 987654321 issued on January 5, 2010, at
Makati City.
ANTHONY M. LAUREANO
Notary Public
Until December 31, 2010
PTR No. 1234567 1/12/10
IBP No. 6789 1/2/110
ROA 91234
Doc. No.
Page No.
Book No.
Series of 2010.
ESTAFA
(Affidavit of Desistance Misapprehension of Facts)
NILO LOCCO
(Affiant)
SUBSCRIBED AND SWORN to before me this 4th day of
November 2010, affiant exhibiting to me his Community Tax
Certificate No. 987654321 issued on January 5, 2010, at
Makati City.
ANTHONY M. LAUREANO
Notary Public
Until December 31, 2010
PTR No. 1234567 1/12/10
IBP No. 6789 1/2/110
ROA 91234
Doc. No.
Page No.
Book No.
Series of 2010.
ESTAFA
(Motion for Allowance to Post Bail)
Republic of the Philippines
National Capital Judicial Region
METROPOLITAN TRIAL COURT
Makati, Brach VII
People of the Philippines
Plaintiff,
- versus -
Estee Nafa,
Defendant.
x---------------------------------x
MOTION TO ALLOW ACCUSED TO POST BAIL
COMES NOW accused ESTEE NAFA, through the
undersigned counsel, and respectfully alleges:
1. That the defendant is in custody for the alleged
commission of the crime of Estafa;
2. That no bail has been recommended for his temporary
release, on the assumption that the evidence of guilt is
strong;
3. That the burden of showing that evidence of guilt is
strong is on the prosecution, and unless this fact is
Advance Legal Writing | Page | 171
JEREMY B. BAUTISTA
Counsel for the Accused
ROLL NO.12344556
PTR OR NO. 12345/01-07 10/Makati City
IBP OR NO. 123456/02-01-10/Makati City
MCLE NO. 123456/02-01-10/Makati City
NOTICE
OF
HEARING
RONALD C. GONZALES
City Prosecutor
Makati City
Greetings:
Please take notice that on Friday, November 10, 2010, at
the Makati City Regional Trial Court Branch 07 at 9 oclock
a.m., or as soon thereafter as counsel can be heard, the
undersigned will submit the foregoing motion for the approval
of the court.
Makati, Philippines. November 4, 2010
Respectfully submitted:
JEREMY B. BAUTISTA
Advance Legal Writing | Page | 172
RAMONCHITO L. DE LUMEN
Counsel for Complainant
ESTAFA
(Motion for the Reduction of Bail)
Republic of the Philippines
National Capital Judicial Region
METROPOLITAN TRIAL COURT
Makati, Brach VII
People of the Philippines
Plaintiff,
Criminal Case No. 12345
For: Violation of Art. 315 (b)
of the RPC (Estafa)
- versus -
Estee Nafa,
Defendant.
x---------------------------------x
MOTION TO REDUCE BAIL
COMES NOW accused ESTEE NAFA, through the
undersigned counsel, and respectfully alleges:
1. That the bail for his provisional release has been set at
Php 100,000.00
2. That said defendant has exhausted all her real and
personal assets, saved those necessary for daily existence
of the accused, to pay for the gold bars sold to said
respondent by the complainant.
WHEREFORE, the accused ESTEE NAFA respectfully
prays that the court grants this motion to reduce bail to Php
Advance Legal Writing | Page | 174
JEREMY B. BAUTISTA
Counsel for the Accused
ROLL NO.12344556
PTR OR NO. 12345/01-07 10/Makati City
IBP OR NO. 123456/02-01-10/Makati City
MCLE NO. 123456/02-01-10/Makati City
NOTICE
OF
HEARING
RONALD C. GONZALES
City Prosecutor
Makati City
Greetings:
Please take notice that on Friday, November 10, 2010, at
the Makati City Regional Trial Court Branch 07 at 9 oclock
a.m., or as soon thereafter as counsel can be heard, the
undersigned will submit the foregoing motion for the approval
of the court.
Makati, Philippines. November 4, 2010
Respectfully submitted:
JEREMY B. BAUTISTA
Counsel for the Accused
Advance Legal Writing | Page | 175
ROLL NO.12344556
PTR OR NO. 12345/01-07 10/Makati City
IBP OR NO. 123456/02-01-10/Makati City
MCLE NO. 123456/02-01-10/Makati City
Received by:
RAMONCHITO L. DE LUMEN
Counsel for Complainant
ESTAFA
(Motion to Release Accused on Recognizance)
Republic of the Philippines
National Capital Judicial Region
METROPOLITAN TRIAL COURT
Makati, Brach VII
People of the Philippines
Plaintiff,
- versus -
Estee Nafa,
Defendant.
x---------------------------------x
MOTION TO RELEASE ACCUSED ON RECOGNIZANCE
COMES NOW accused ESTEE NAFA, through the
undersigned counsel, and respectfully alleges:
1. That the defendant is in custody for the alleged
commission of the crime of Estafa;
2. That being unable to post the required cash or bail bond,
hereby binds himself, pending final decision of the aboveentitled case, to appear before the court when so ordered;
3. That the undersigned hereby further binds himself to
accept the authority of Kako Sa in whose custody he was
placed by the Court.
Advance Legal Writing | Page | 177
prayed
that
the
defendant
be
released
on
recognizance.
November 4, 2010. Makati City
JEREMY B. BAUTISTA
Counsel for the Accused
ROLL NO.12344556
PTR OR NO. 12345/01-07 10/Makati City
IBP OR NO. 123456/02-01-10/Makati City
MCLE NO. 123456/02-01-10/Makati City
NOTICE
OF
HEARING
RONALD C. GONZALES
City Prosecutor
Makati City
Greetings:
Please take notice that on Friday, November 10, 2010, at
the Makati City Regional Trial Court Branch 07 at 9 oclock
a.m., or as soon thereafter as counsel can be heard, the
undersigned will submit the foregoing motion for the approval
of the court.
Makati, Philippines. November 4, 2010
Respectfully submitted:
JEREMY B. BAUTISTA
Advance Legal Writing | Page | 178
RAMONCHITO L. DE LUMEN
Counsel for Complainant
ESTAFA
(Motion to Quash Information)
Republic of the Philippines
National Capital Judicial Region
METROPOLITAN TRIAL COURT
Makati, Brach VII
People of the Philippines
Plaintiff,
Criminal Case No. 12345
For: Violation of Art. 315 (b)
of the RPC (Estafa)
- versus -
Estee Nafa,
Defendant.
x---------------------------------x
MOTION TO QUASH
COMES NOW accused ESTEE NAFA, through the
undersigned counsel, and respectfully alleges:
1. That she is the accused in the above-entitled case of the
crime of estafa committed against NILO LOCCO.
2. That the facts charged do not constitute an offense as
previously expounded in the other pleadings related to
this case.
WHEREFORE, it is respectfully prayed that the complaint
and information filed in this case be quashed, with costs de
oficio.
JEREMY B. BAUTISTA
Counsel for the Accused
ROLL NO.12344556
PTR OR NO. 12345/01-07 10/Makati City
IBP OR NO. 123456/02-01-10/Makati City
MCLE NO. 123456/02-01-10/Makati City
NOTICE
OF
HEARING
RONALD C. GONZALES
City Prosecutor
Makati City
Greetings:
Please take notice that on Friday, November 10, 2010, at
the Makati City Regional Trial Court Branch 07 at 9 oclock
a.m., or as soon thereafter as counsel can be heard, the
undersigned will submit the foregoing motion for the approval
of the court.
Makati, Philippines. November 4, 2010
Respectfully submitted:
JEREMY B. BAUTISTA
Counsel for the Accused
ROLL NO.12344556
PTR OR NO. 12345/01-07 10/Makati City
RAMONCHITO L. DE LUMEN
Counsel for Complainant
ESTAFA
(Motion for Judicial Determination of Probable Cause and
to Hold in Abeyance the Arraignment of the Accused)
Republic of the Philippines
National Capital Judicial Region
METROPOLITAN TRIAL COURT
Makati, Brach VII
People of the Philippines
Plaintiff,
- versus -
Estee Nafa,
Defendant.
x---------------------------------x
MOTION FOR JUDICIAL DETERMINATION OF
PROBABLE CAUSE AND TO HOLD IN ABEYANCE THE
ARRAIGNMENT OF THE ACCUSED
COMES NOW accused ESTEE NAFA, through the
undersigned counsel, and respectfully alleges:
1. That she is the accused in the above-entitled
case of the crime of estafa committed against
NILO LOCCO.
2. That the facts charged do not constitute an
offense as previously expounded in the other
pleadings related to this case.
Advance Legal Writing | Page | 183
WHEREFORE,
it
is
respectfully
prayed
that
this
JEREMY B. BAUTISTA
Counsel for the Accused
ROLL NO.12344556
PTR OR NO. 12345/01-07 10/Makati City
IBP OR NO. 123456/02-01-10/Makati City
MCLE NO. 123456/02-01-10/Makati City
NOTICE
OF
HEARING
RONALD C. GONZALES
City Prosecutor
Makati City
Greetings:
Please take notice that on Friday, November 10, 2010, at
the Makati City Regional Trial Court Branch 07 at 9 oclock
a.m., or as soon thereafter as counsel can be heard, the
Respectfully submitted:
JEREMY B. BAUTISTA
Counsel for the Accused
ROLL NO.12344556
PTR OR NO. 12345/01-07 10/Makati City
IBP OR NO. 123456/02-01-10/Makati City
MCLE NO. 123456/02-01-10/Makati City
Received by:
RAMONCHITO L. DE LUMEN
Counsel for Complainant
ESTAFA
(Motion for Reconsideration of Prosecutors Resolution)
Republic of the Philippines
Department of Justice
OFFICE OF THE CITY PROSECUTOR
Makati
Nilo Locco,
Complainant,
- versus -
Estee Nafa,
Respondent.
x------------------------x
MOTION FOR RECONSIDERATION
COMES NOW accused ESTEE NAFA, through the
undersigned counsel, and respectfully alleges:
1. That she is the accused in the above-entitled case of
the crime of estafa committed against NILO LOCCO.
2. That the evidence presented is not sufficient to justify
the findings of probable cause.
WHEREFORE, it is respectfully prayed that the City
Prosecutor reconsiders his finding of probable cause in the
above titled complaint.
November 4, 2010. Makati City
Advance Legal Writing | Page | 186
JEREMY B. BAUTISTA
Counsel for the Accused
ROLL NO.12344556
PTR OR NO. 12345/01-07 10/Makati City
IBP OR NO. 123456/02-01-10/Makati City
MCLE NO. 123456/02-01-10/Makati City
NOTICE
OF
HEARING
RONALD C. GONZALES
City Prosecutor
Makati City
Greetings:
Please take notice that on Friday, November 10, 2010, at
the Makati City Regional Trial Court Branch 07 at 9 oclock
a.m., or as soon thereafter as counsel can be heard, the
undersigned will submit the foregoing motion for the approval
of the court.
Makati, Philippines. November 4, 2010
Respectfully submitted:
JEREMY B. BAUTISTA
Counsel for the Accused
ROLL NO.12344556
PTR OR NO. 12345/01-07 10/Makati City
IBP OR NO. 123456/02-01-10/Makati City
MCLE NO. 123456/02-01-10/Makati City
Received by:
RAMONCHITO L. DE LUMEN
Counsel for Complainant
ESTAFA
(Motion for Reconsideration of Prosecutors Resolution)
Republic of the Philippines
OFFICE OF THE PRESIDENT
Malacanan, Manila
Estee Nafa,
Appelant,
I.S. No. 12-3456
For: Estafa
ASSIGNMENT OF ERROR
probable
cause
where
the
evidence
produced
is
STATEMENT OF ISSUE
RELIEF
JEREMY B. BAUTISTA
Counsel for the Accused
ROLL NO.12344556
PTR OR NO. 12345/01-07 10/Makati City
IBP OR NO. 123456/02-01-10/Makati City
MCLE NO. 123456/02-01-10/Makati City
ESTAFA
(Motion for the Issuance of an Alias Warrant of Arrest)
Republic of the Philippines
National Capital Judicial Region
METROPOLITAN TRIAL COURT
Makati, Brach VII
People of the Philippines
Plaintiff,
- versus -
Estee Nafa,
Defendant.
x---------------------------------x
MOTION FOR THE ISSUANCE OF AN
ALIAS WARRANT OF ARREST
The undersigned City Prosecutor of Makati respectfully
alleges that:
1. The undersigned City Prosecutor finds probable cause to
hold the accused for trial to answer for the crime for
which he is herein accused;
2. After the due execution by the PNP Manila West Police
Station the warrant of arrest was not served to the
accused because she cannot be located in the given
address. Attached herewith the return slip and proof of
RONALD C. GONZALES
City Prosecutor
Makati City
Advance Legal Writing | Page | 192
NOTICE
OF
HEARING
JEREMY B. BAUTISTA
Counsel for the Accused
Greetings:
Please take notice that on Friday, November 10, 2010, at
the Makati City Metropolitan Trial Court Branch 07 at 9
oclock a.m., or as soon thereafter as counsel can be heard,
the undersigned will submit the foregoing motion for the
approval of the court.
Makati, Philippines. November 4, 2010
RONALD C. GONZALES
City Prosecutor, Makati
Received by
JEREMY B. BAUTISTA
Counsel for Accused
ESTAFA
(Motion for Demurrer to Evidence with Leave of Court)
Republic of the Philippines
National Capital Judicial Region
METROPOLITAN TRIAL COURT
Makati, Brach VII
People of the Philippines
Plaintiff,
- versus -
Estee Nafa,
Defendant.
x---------------------------------x
MOTION FOR DEMURRER TO
EVIDENCE WITH LEAVE OF COURT
COMES NOW accused ESTEE NAFA, through the
undersigned counsel, and respectfully alleges:
1. That she is the accused in the above-entitled case of
the crime of estafa committed against NILO LOCCO.
2. That the facts charged do not constitute an offense as
previously expounded in the other pleadings related to
this case;
3. That the evidence submitted is insufficient to convict
the herein accused of the crime charged against him.
Advance Legal Writing | Page | 194
WHEREFORE,
it
is
respectfully
prayed
that
this
JEREMY B. BAUTISTA
Counsel for the Accused
ROLL NO.12344556
PTR OR NO. 12345/01-07 10/Makati City
IBP OR NO. 123456/02-01-10/Makati City
MCLE NO. 123456/02-01-10/Makati City
NOTICE
OF
HEARING
RONALD C. GONZALES
City Prosecutor
Makati City
Greetings:
Please take notice that on Friday, November 10, 2010, at
the Makati City Regional Trial Court Branch 07 at 9 oclock
a.m., or as soon thereafter as counsel can be heard, the
undersigned will submit the foregoing motion for the approval
of the court.
Makati, Philippines. November 4, 2010
Respectfully submitted:
JEREMY B. BAUTISTA
Advance Legal Writing | Page | 195
RAMONCHITO L. DE LUMEN
Counsel for Complainant
ESTAFA
(Trial Brief)
Republic of the Philippines
National Capital Judicial Region
METROPOLITAN TRIAL COURT
Makati, Brach VII
People of the Philippines
Plaintiff,
Criminal Case No. 12345
For: Violation of Art. 315 (b)
of the RPC (Estafa)
- versus -
Estee Nafa,
Defendant.
x---------------------------------x
TRIAL BRIEF
UNDERSIGNED Assistant City Prosecutor hereby
respectfully submits, for purposes of the Pre-Trial hereon,
conformably with Rule 118 of the (2000) Revised Rules on
Criminal Procedure, and sub-paragraph number 1 of
paragraph B of the chapter on Pre-Trial of Administrative
Matter No. 03-1-09-SC, the following Manifestations, Proposals
for Stipulation of Facts and Issues, and Identification of
Evidence for the Prosecution, to wit:
THEORY OF THE PROSECUTION
The theory of the prosecution is premised on the
application of the provisions of the Revised Penal Code (Article
315, par. 1(b) ), on the following circumstances, to wit:
Advance Legal Writing | Page | 197
JURISDICTION:
EXHIBIT
C A true
reproduction
Conveyance.
and
of
faithful machine
the
Deed
of
Respectfully submitted:
VICTOR C. SALVADOR
Assistant City Prosecutor
JEREMY B. BAUTISTA
Counsel for the Accused,
Makati City.
ESTAFA
(Pre-Trial Brief)
Republic of the Philippines
National Capital Judicial Region
METROPOLITAN TRIAL COURT
Makati, Brach VII
People of the Philippines
Plaintiff,
Criminal Case No. 12345
For: Violation of Art. 315 (b)
of the RPC (Estafa)
- versus -
Estee Nafa,
Defendant.
x---------------------------------x
PRE-TRIAL BRIEF
UNDERSIGNED
Assistant
City
Prosecutor
hereby
Procedure,
and
sub-paragraph
number
of
DOCUMENTARY EVIDENCE:
EXHIBIT
---
true
and
faithful
ISSUES
WHETHER OR NOT, on said date, time, and place, the
accused in performing the above-mentioned acts, constitute a
violation of the provisions of Revised Penal Code (Article 315,
par. 1(b) ).
Makati City, November 20, 2010.
Respectfully submitted:
VICTOR C. SALVADOR
Assistant City Prosecutor
Copy furnished by personal delivery:
Advance Legal Writing | Page | 204
JEREMY B. BAUTISTA
Counsel for the Accused,
Makati City.
ESTAFA
(Formal Offer of Evidence)
Republic of the Philippines
National Capital Judicial Region
METROPOLITAN TRIAL COURT
Makati, Brach VII
People of the Philippines
Plaintiff,
Criminal Case No. 12345
For: Violation of Art. 315 (b)
of the RPC (Estafa)
- versus -
Estee Nafa,
Defendant.
x---------------------------------x
FORMAL OFFER OF EVIDENCE
UNDERSIGNED Assistant City Prosecutor respectfully
offers in evidence for the prosecution the following
documentary, physical, and testimonial evidence, to wit:
EXHIBIT
---
true
reproduction
and
faithful
of
the
Contract of Agency.
EXHIBIT
---
machine
true
and
faithful
reproduction
of
Assistant
City
Prosecutor;
Respectfully submitted:
VICTOR C. SALVADOR
Assistant City Prosecutor
Copy furnished:
JEREMY B. BAUTISTA
Counsel for the Accused,
Makati City.
ESTAFA
(Proffer of Evidence)
Republic of the Philippines
National Capital Judicial Region
METROPOLITAN TRIAL COURT
Makati, Brach VII
People of the Philippines
Plaintiff,
Criminal Case No. 12345
For: Violation of Art. 315 (b)
of the RPC (Estafa)
- versus -
Estee Nafa,
Defendant.
x---------------------------------x
PROFFER OF EVIDENCE
UNDERSIGNED Assistant City Prosecutor respectfully files
this proffer of evidence concerning the excluded evidence stated
below, in accordance with Section 40, Rule 133 of the Rules of
Court , to wit:
EXHIBIT A --- A true and faithful reproduction of the
Contract of Agency.
EXHIBIT B --- A true and faithful machine
reproduction of the formal conference with the
Assistant City Prosecutor;
EXHIBIT C A true and faithful machine
reproduction of the Deed of Conveyance.
Respectfully submitted:
VICTOR C. SALVADOR
Assistant City Prosecutor
Copy furnished:
JEREMY B. BAUTISTA
Counsel for the Accused, Makati City.
ADULTERY
(Complaint-Affidavit)
Republic of the Philippines)
Makati City
) s.s.
COMPLAINT-AFFIDAVIT
I, CONTI BUGLEE, of legal age, married and a resident of
No. 1 Ayala Avenue, Makati City after having been sworn to
law hereby depose and state:
1. That I am the legal husband of LESLIE BUGLEE. We
were married at Manila Cathedral on March 6, 2009.
2. That we were living as husband and wife at No. 3 Ayala
Avenue, Makati.
3. That on or about October 31, 2010 , at about 11pm, in
our home in the City of Makati and within the
jurisdiction of this Honorable Court, the said accused
did then and there voluntarily, unlawfully, and
feloniously had sexual intercourse with her co-accused
PABLO HILIG, who is not her husband, and the latter
knowing her to be married to CONTI BUGLEE,
voluntarily, unlawfully, and feloniously had carnal
knowledge with her.
IN WITNESS WHEREOF, I have hereunto affixed my
signature this 26th day of November 2010, in Makati City.
CONTI BUGLEE
Affiant
Advance Legal Writing | Page | 210
ADULTERY
(Counter-Affidavit)
Republic of the Philippines)
Makati City
) s.s.
COUNTER-AFFIDAVIT
I, PABLO HILIG, of legal age, single and a resident of 4
Pasay Road, Makati City after having been sworn to law hereby
depose and state:
1. That I met LESLIE BUGLEE sometime in January,
2010 in Makati City while working as a branch
manager in a bank.
2. That LESLIE BUGLEE represented herself as a single
and unmarried woman.
3. That I have no knowledge that LESLIE BUGLEE was
lawfully married to a certain CONTI BUGLEE.
4. That I gained knowledge of the marriage between
LESLIE BUGLEE and CONTI BUGLEE only upon the
confrontation that occurred at No. 3 Ayala Avenue,
Makati when CONTI BUGLEE confronted LESLIE
BUGLEE.
IN WITNESS WHEREOF, I have hereunto affixed my
signature this 8th day of December 2010, in Paraaque City.
PABLO HILIG
Affiant
Advance Legal Writing | Page | 212
ADULTERY
(Reply)
CONTI BUGLEE
Affiant
SUBSCRIBED AND SWORN to before me this 13 th day of
December, 2010.
ADULTERY
(Rejoinder)
REJOINDER
Comes Now, RESPONDENT PABLO HILIG unto this
Honorable Office, respectfully state that:
1) Respondent specifically, vehemently and consistently
denies the material allegations in the reply affidavit of the
complainant, dated December 23, 2010, for being
unfounded, baseless and malicious and must be
dismissed out rightly for failing to establish the requisite
elements of the crime ascribed;
2) Respondent reiterates her defense that while it is true
that he had sexual intercourse with LESLIE BUGLEE
there is no truth to the averment that it is done so
unlawfully, willfully, feloniously and with knowledge that
LESLIE BUGLEE is a legally married woman since the
Advance Legal Writing | Page | 216
PABLO HILIG
Respondent
VICTOR C. SALVADOR
Assistant City Prosecutor
ADULTERY
(Sur-Rejoinder)
SUR-REJOINDER
I, CONTI BUGLEE, of legal age, married and a resident
of No. 1 Ayala Avenue, Makati City after having been sworn to
law hereby depose and state:
1. That as the complainant, I am still reiterating the
allegation in my affidavit that my wife, LESLIE BUGLEE
did then and there voluntarily, unlawfully, and
feloniously had sexual intercourse with PABLO HILIG,
who is not her husband, and the latter knowing her to be
married to CONTI BUGLEE, voluntarily, unlawfully, and
feloniously had carnal knowledge with her at No. 3 Ayala
Avenue, Makati;
CONTI
BUGLEE
Complainant
SUBSCRIBED AND SWORN TO before me this 19th day
of December, 2010 in Makati. I hereby certify that I have
personally examined the affiant and I am convinced that she
personally and voluntarily verified the foregoing Rejoinder and
she understood the contents thereof.
VICTOR C. SALVADOR
Assistant City Prosecutor
ADULTERY
(Motion for Clarificatory Questions)
JEREMY B. BAUTISTA
COUNSEL FOR THE ACCUSED
ROLL NO.12344556
PTR OR NO. 12345/01-07 11/Makati City
IBP OR NO. 123456/02-01-11/Makati City
MCLE NO. 123456/02-01-11/Makati City
NOTICE
OF
HEARING
RONALD C. GONZALES
City Prosecutor
Makati City
Greetings:
Please take notice that on Friday, January 16, 2011, at
the Makati City Metropolitan Trial Court Branch 07 at 9
oclock a.m., or as soon thereafter as counsel can be heard,
the undersigned will submit the foregoing motion for the
approval of the court.
Makati, Philippines. January 12, 2011
JEREMY B. BAUTISTA
ADULTERY
(Resolution)
RESOLUTION
Submitted for resolution is the case described hereunder.
This is a case of Adultery filed by CONTI BUGLEE against
PABLO HILIG of 4 Pasay Road, Makati City and LESLIE
BUGLEE of #3 Buendia, Makati City.
After careful perusal of the complaint, it is shown that
LESLIE BUGLEE did then and there voluntarily, unlawfully,
and feloniously had sexual intercourse with her co-accused
PABLO HILIG, who is not her husband, and the latter knowing
her to be married to CONTI BUGLEE , voluntarily, unlawfully,
and feloniously had carnal knowledge with her.
VICTOR C. SALVADOR
Assistant City Prosecutor
APPROVED:
RONALD C. GONZALES
City Prosecutor
ADULTERY
(Information)
INFORMATION
The undersigned, Prosecutor accuses PABLO HILIG and
LESLIE BUGLEE of the crime of ADULTERY, committed as
follows, to wit:
That on or about October 31, 2010 , at about 11pm, in
the City of Makati and within the jurisdiction of this
Honorable Court, the said accused LESLIE BUGLEE did then
and there voluntarily, unlawfully, and feloniously had sexual
intercourse with her co-accused PABLO HILIG, who is not her
husband, and the latter knowing her to be married to CONTI
BUGLEE, voluntarily, unlawfully, and feloniously had carnal
knowledge with her.
City of Makati, Philippines, January 10, 2011
RONALD C. GONZALES
City Prosecutor
ADULTERY
(Affidavit of Desistance Mistaken Identity)
Republic of the Philippines)
Makati City
) s.s.
AFFIDAVIT OF DESISTANCE
I, CONTI BUGLEE, of legal age, married and a resident of
No. 1 Ayala Avenue, Makati City after having been sworn to
law hereby depose and state:
1. I am the Private Complainant in Criminal Case No. 35
for the crime of Adultery entitled People of the Philippines
vs. PABLO HILIG and LESLIE BUGLEE, which is now
pending before the Metropolitan Trial Court, National
Capital Judicial Region, Makati City, Branch 07;
2. After a careful evaluation of the facts and circumstances
surrounding the case, I personally and honestly believe
that, I mistook accused PABLO HILIG as the person
introduced to me and my wife sometime on March 2010
at the 2010 Golf Show held at the SM Mall of Asia SMX
Convention Center;
3. I am no longer interested in further prosecuting the case
against the accused;
4. I am not paid, threatened, nor coerce in executing this
affidavit of desistance;
5. I am voluntarily executing this affidavit to attest the
veracity of the foregoing and to move for the dismissal of
the said case against the accused.
CONTI BUGLEE
Affiant
SUBSCRIBED AND SWORN to before me this 12th day of
April 2011, affiant exhibiting to me his Community Tax
Certificate No. 987654321 issued on January 5, 2011, at
Makati City.
ADULTERY
(Affidavit of Desistance Misapprehension of Facts)
Republic of the Philippines)
Makati City
) s.s.
AFFIDAVIT OF DESISTANCE
I, CONTI BUGLEE, of legal age, married and a resident of
No. 1 Ayala Avenue, Makati City after having been sworn to
law hereby depose and state:
1. I am the Private Complainant in Criminal Case No. 35
for the crime of Adultery in violation of Article 333 of
the under the Revised Penal Code entitled People of
the Philippines vs. PABLO HILIG and LESLIE
BUGLEE, which is now pending before the
Metropolitan Trial Court, National Capital Judicial
Region, Makati City, Branch 07;
2. After a careful evaluation of the facts and
circumstances surrounding the case, I personally and
honestly believed of my own knowledge that the
incident which led to the filing of the above-captioned
case was just a misunderstanding between the
complainant and the aforementioned accused;
3. I am no longer interested in further prosecuting the
case against the accused;
4. I am not paid, threatened, nor coerce in executing this
affidavit of desistance;
5. I am voluntarily executing this affidavit to attest the
veracity of the foregoing and to move for the dismissal
of the said case against the accused.
Advance Legal Writing | Page | 230
CONTI BUGLEE
Affiant
SUBSCRIBED AND SWORN to before me this 12th day of
April 2011, affiant exhibiting to me his Community Tax
Certificate No. 987654321 issued on January 5, 2011, at
Makati City.
ADULTERY
(Motion for Allowance to Post Bail)
now
accused
PABLO
HILIG,
through
the
upon
prior
notice
and
hearing,
it
is
JEREMY B. BAUTISTA
COUNSEL FOR THE ACCUSED
ROLL NO.12344556
PTR OR NO. 12345/01-07 11/Makati City
IBP OR NO. 123456/02-01-11/Makati City
MCLE NO. 123456/02-01-11/Makati City
NOTICE
OF
HEARING
RONALD C. GONZALES
City Prosecutor
Makati City
Greetings:
Please take notice that on Friday, January 16, 2011, at
the Makati City Metropolitan Trial Court Branch 07 at 9
oclock a.m., or as soon thereafter as counsel can be heard,
the undersigned will submit the foregoing motion for the
approval of the court.
Makati, Philippines. January 12, 2011
JEREMY B. BAUTISTA
COUNSEL FOR THE ACCUSED
ROLL NO.12344556
PTR OR NO. 12345/01-07 11/Makati City
IBP OR NO. 123456/02-01-11/Makati City
MCLE NO. 123456/02-01-11/Makati City
Received by:
Counsel for Complainant
ADULTERY
(Motion for the Reduction of Bail)
now
accused
PABLO
HILIG,
through
the
JEREMY B. BAUTISTA
COUNSEL FOR THE ACCUSED
ROLL NO.12344556
PTR OR NO. 12345/01-07 11/Makati City
IBP OR NO. 123456/02-01-11/Makati City
MCLE NO. 123456/02-01-11/Makati City
NOTICE
OF
HEARING
RONALD C. GONZALES
City Prosecutor
Makati City
Greetings:
Please take notice that on Friday, January 16, 2011, at
the Makati City Metropolitan Trial Court Branch 07 at 9
oclock a.m., or as soon thereafter as counsel can be heard,
the undersigned will submit the foregoing motion for the
approval of the court.
Makati, Philippines. January 12, 2011
JEREMY B. BAUTISTA
COUNSEL FOR THE ACCUSED
ROLL NO.12344556
PTR OR NO. 12345/01-07 11/Makati City
IBP OR NO. 123456/02-01-11/Makati City
MCLE NO. 123456/02-01-11/Makati City
Received by:
Counsel for Complainant
ADULTERY
(Motion for the Release of the Accused on Recognizance)
now
accused
PABLO
HILIG,
through
the
upon
prayed
prior
that
notice
the
and
accused
hearing,
be
it
released
is
on
recognizance.
January 16, 2011. Makati City
JEREMY B. BAUTISTA
COUNSEL FOR THE ACCUSED
ROLL NO.12344556
PTR OR NO. 12345/01-07 11/Makati City
IBP OR NO. 123456/02-01-11/Makati City
MCLE NO. 123456/02-01-11/Makati City
NOTICE
OF
HEARING
RONALD C. GONZALES
City Prosecutor
Makati City
Greetings:
Please take notice that on Friday, January 16, 2011, at
the Makati City Metropolitan Trial Court Branch 07 at 9
oclock a.m., or as soon thereafter as counsel can be heard,
the undersigned will submit the foregoing motion for the
approval of the court.
Makati, Philippines. January 12, 2011
JEREMY B. BAUTISTA
COUNSEL FOR THE ACCUSED
ROLL NO.12344556
PTR OR NO. 12345/01-07 11/Makati City
IBP OR NO. 123456/02-01-11/Makati City
MCLE NO. 123456/02-01-11/Makati City
Received by:
Counsel for Complainant
ADULTERY
(Motion to Quash Information)
MOTION TO QUASH
Comes now accused PABLO HILIG,
undersigned counsel, respectfully alleges:
through
the
JEREMY B. BAUTISTA
COUNSEL FOR THE ACCUSED
ROLL NO.12344556
PTR OR NO. 12345/01-07 11/Makati City
IBP OR NO. 123456/02-01-11/Makati City
MCLE NO. 123456/02-01-11/Makati City
NOTICE
OF
HEARING
RONALD C. GONZALES
City Prosecutor
Makati City
Greetings:
Please take notice that on Friday, January 16, 2011, at
the Makati City Metropolitan Trial Court Branch 07 at 9
oclock a.m., or as soon thereafter as counsel can be heard,
the undersigned will submit the foregoing motion for the
approval of the court.
Makati, Philippines. January 12, 2011
JEREMY B. BAUTISTA
Advance Legal Writing | Page | 242
ADULTERY
(Motion for Judicial Determination of Probable Cause and
to Hold in Abeyance the Arraignment of the Accused)
now
accused
PABLO
HILIG,
through
the
JEREMY B. BAUTISTA
COUNSEL FOR THE ACCUSED
ROLL NO.12344556
PTR OR NO. 12345/01-07 11/Makati City
IBP OR NO. 123456/02-01-11/Makati City
MCLE NO. 123456/02-01-11/Makati City
NOTICE
OF
HEARING
RONALD C. GONZALES
City Prosecutor
Makati City
Greetings:
Please take notice that on Friday, January 16, 2011, at
the Makati City Metropolitan Trial Court Branch 07 at 9
oclock a.m., or as soon thereafter as counsel can be heard,
the undersigned will submit the foregoing motion for the
approval of the court.
Makati, Philippines. January 12, 2011
JEREMY B. BAUTISTA
COUNSEL FOR THE ACCUSED
ROLL NO.12344556
PTR OR NO. 12345/01-07 11/Makati City
IBP OR NO. 123456/02-01-11/Makati City
MCLE NO. 123456/02-01-11/Makati City
Received by:
Counsel for Complainant
ADULTERY
(Motion for Reconsideration of Prosecutors Resolution)
JEREMY B. BAUTISTA
COUNSEL FOR THE ACCUSED
ROLL NO.12344556
PTR OR NO. 12345/01-07 11/Makati City
IBP OR NO. 123456/02-01-11/Makati City
MCLE NO. 123456/02-01-11/Makati City
NOTICE
OF
HEARING
RONALD C. GONZALES
City Prosecutor
Makati City
Greetings:
Please take notice that on Friday, January 16, 2011, at
the Makati City Metropolitan Trial Court Branch 07 at 9
Advance Legal Writing | Page | 247
JEREMY B. BAUTISTA
COUNSEL FOR THE ACCUSED
ROLL NO.12344556
PTR OR NO. 12345/01-07 11/Makati City
IBP OR NO. 123456/02-01-11/Makati City
MCLE NO. 123456/02-01-11/Makati City
Received by:
Counsel for Complainant
ADULTERY
(Appeal to the Office of the President)
ASSIGNMENT OF ERROR
violation of Article
STATEMENT OF ISSUE
RELIEF
JEREMY B. BAUTISTA
COUNSEL FOR THE ACCUSED
ROLL NO.12344556
Advance Legal Writing | Page | 250
ADULTERY
(Motion for the Issuance of an Alias Warrant of Arrest)
JEREMY B. BAUTISTA
COUNSEL FOR THE ACCUSED
ROLL NO.12344556
PTR OR NO. 12345/01-07 11/Makati City
Advance Legal Writing | Page | 253
ADULTERY
(Motion for Demurrer to Evidence with Leave of Court)
now
accused
PABLO
HILIG,
through
the
it
is
respectfully
prayed
that
this
JEREMY B. BAUTISTA
COUNSEL FOR THE ACCUSED
ROLL NO.12344556
PTR OR NO. 12345/01-07 11/Makati City
IBP OR NO. 123456/02-01-11/Makati City
MCLE NO. 123456/02-01-11/Makati City
NOTICE
OF
HEARING
RONALD C. GONZALES
City Prosecutor
Makati City
Greetings:
Please take notice that on Friday, January 16, 2011, at
the Makati City Metropolitan Trial Court Branch 07 at 9
oclock a.m., or as soon thereafter as counsel can be heard,
the undersigned will submit the foregoing motion for the
approval of the court.
Makati, Philippines. January 12, 2011
JEREMY B. BAUTISTA
Advance Legal Writing | Page | 256
ADULTERY
(Trial Brief)
TRIAL BRIEF
Private PLAINTIFF, by counsel, respectfully submits his
Trial Brief, as follows:
I.
ISSUES TO BE TRIED
EVIDENCE
5.1
VI.
RESORT TO DISCOVERY
Interrogatories to parties.
RAMONCHITO L. DE LUMEN
COUNSEL FOR THE PLAINTIFF
ROLL NO. 22344556
PTR OR NO. 22345/01-07-11/Makati City
IBP OR NO. 223456/02-01-11/Makati City
MCLE NO. 223456/02-01-11/Makati City
Copy furnished:
JEREMY B. BAUTISTA
COUNSEL FOR THE ACCUSED
ADULTERY
(Pre-Trial Brief)
PRE-TRIAL BRIEF
UNDERSIGNED
Assistant
City
Prosecutor
hereby
Procedure,
and
sub-paragraph
number
of
ISSUES
WHETHER OR NOT, on said date, time, and place, the
accused in performing the above-mentioned acts, constituted
a violation of Article 334 of the Revised Penal Code
Makati City, January 21, 2011.
Respectfully submitted:
VICTOR C. SALVADOR
Assistant City Prosecutor
Copy furnished by personal delivery:
Advance Legal Writing | Page | 265
JEREMY B. BAUTISTA
Counsel for the accused, Makati City.
ADULTERY
(Formal Offer of Evidence)
VICTOR C. SALVADOR
Assistant City Prosecutor
Copy furnished by personal delivery:
JEREMY B. BAUTISTA
Counsel for the accused, Makati City.
ADULTERY
(Proffer of Evidence)
PROFFER OF EVIDENCE
UNDERSIGNED Assistant City Prosecutor respectfully
files this proffer of evidence concerning the excluded evidence
stated below, in accordance with Section 40, Rule 133 of the
Rules of Court , to wit:
EXHIBIT D --- Picture of used condom, to prove that
there was unlawful copulation at the time
CONTI BUGLEE caught the accused in the
act at the conjugal dwelling
EXHIBIT E --- Picture with LESLIE BUGLEE and PABLO
HILIG together showing proof of illicit
relationship leading to unlawful copulation
VICTOR C. SALVADOR
Assistant City Prosecutor
Copy furnished by personal delivery:
JEREMY B. BAUTISTA
Counsel for the accused, Makati City.
Advance Legal Writing | Page | 271
CONCUBINAGE
(Complaint-Affidavit)
Republic of the Philippines)
Makati City
) s.s.
COMPLAINT-AFFIDAVIT
I,
DENICA JAVIER
Affiant
CONCUBINAGE
(Counter-Affidavit)
Republic of the Philippines)
Makati City
) s.s.
COUNTER-AFFIDAVIT
I, SAMANTHA CRUZ, of legal age, single and a resident of
#4 Pasay Road, Makati City, after having been sworn to law
hereby depose and state:
1. That I met JUSTIN JAVIER sometime in February,
2009 in Alabang, Muntinlupa while working as a sales
clerk in a department store.
2. That JUSTIN JAVIER represented himself as a single
and unmarried man.
3. That we fell in love and decided to live as husband and
wife at #3
4. Buendia, Makati City. That our daughter PRINCESS
CRUZ was born in October 9, 2010.
5. That I have no knowledge that JUSTIN JAVIER was
lawfully married to a certain DENICA JAVIER .
6. That I gained knowledge of the marriage between
JUSTIN JAVIER and DENICA JAVIER only upon a
confrontation that occurred at #3 Buendia, Makati
City when DENICA JAVIER
confronted JUSTIN
JAVIER.
SAMANTHA CRUZ
Affiant
SUBSCRIBED AND SWORN to before me this 8th day of
December, 2010. I hereby certify that I have personally
examined the Affiant and I am satisfied that he voluntarily
executed and understood her Complaint Affidavit.
CONCUBINAGE
(Reply)
Republic of the Philippines
DEPARTMENT OF JUSTICE
Office of the City Prosecutor
Makati City
Denica Javier,
Complainant,
I.S. No. 123456
For: Concubinage
DENICA JAVIER
Affiant
SUBSCRIBED AND SWORN to before me this 23 rd day of
December, 2010.
Doc. No.
Page No.
Book No.
Series of 2010.
CONCUBINAGE
(Rejoinder)
Republic of the Philippines
DEPARTMENT OF JUSTICE
Office of the City Prosecutor
Makati City
Denica Javier,
Complainant,
I.S. No. 123456
For: Concubinage
REJOINDER
Comes Now, RESPONDENT SAMANTHA CRUZ unto this
Honorable Office, respectfully state that:
1. Respondent specifically, vehemently and consistently
denies the material allegations in the reply affidavit of
the complainant, dated December 23, 2010, for being
unfounded, baseless and malicious and must be
dismissed out rightly for failing to establish the
requisite elements of the crime ascribed;
2. Respondent reiterates her defense that while it is true
that she cohabited with JUSTIN JAVIER as husband
and wife which resulted to the birth of PRINCESS
CRUZ on October 9, 2010, there is no truth to the
averment that it is done so unlawfully, willfully,
Advance Legal Writing | Page | 279
SAMANTHA CRUZ
Affiant
SUBSCRIBED AND SWORN to before me this 25 th day of
December, 2010.
ROA 91234
Doc. No.
Page No.
Book No.
Series of 2010.
CONCUBINAGE
(Sur-Rejoinder)
Republic of the Philippines
DEPARTMENT OF JUSTICE
Office of the City Prosecutor
Makati City
Denica Javier,
Complainant,
I.S. No. 123456
For: Concubinage
SUR-REJOINDER
I,
DENICA JAVIER
Complainant
SUBSCRIBED AND SWORN TO before me this 19th day
of December, 2010 in Makati. I hereby certify that I have
personally examined the affiant and I am convinced that she
personally and voluntarily verified the foregoing Rejoinder and
she understood the contents thereof.
Lester J. Mallari
Assistant City Prosecutor
CONCUBINAGE
(Resolution)
RESOLUTION
This is a case of Concubinage filed by DENICA JAVIER
against JUSTIN JAVIER of #3 Buendia, Makati City and
SAMANTHA CRUZ of#4 Pasay Road, Makati City.
After careful perusal of the complaint, it is shown that
JUSTIN JAVIER and SAMANTHA CRUZ has feloniously
willfully, unlawfully and feloniously cohabiting as husband
and wife at #3 Buendia, Makati City; and that in spite of her
knowledge, SAMANTHA CRUZ cohabitated and even bore a
child with JUSTIN JAVIER.
With these, the undersigned finds probable cause to
indict JUSTIN JAVIER and SAMANTHA CRUZ for Concubinage
under Article 334 of the Revised Penal Code.
Advance Legal Writing | Page | 284
LESTER J. MALLARI
Assistant City Prosecutor
APPROVED:
RUSSELL W. PITT
City Prosecutor
CONCUBINAGE
(Information)
INFORMATION
The undersigned, Prosecutor accuses JUSTIN JAVIER
and SAMANTHA CRUZ of the crime of CONCUBINAGE,
committed as follows, to wit:
That as provided for in Art 334 of the Revised Penal Code,
a person shall be charged of concubinage if under scandalous
circumstances and with sexual intercourse, keep up with a
mistress in a conjugal dwelling in which this case, unlawfully,
feloniously and without justifiable cause, JUSTIN JAVIER cohabited with SAMANTHA CRUZ, setting aside the fact that
JUSTIN JAVIER is married to DENICA JAVIER.
City of Makati, Philippines, January 10, 2011.
Advance Legal Writing | Page | 286
RUSSELL W. PITT
City Prosecutor
CONCUBINAGE
(Motion for Clarificatory Questions)
NOTICE
OF
HEARING
Received by:
CONCUBINAGE
(Affidavit of Desistance Mistaken Identity)
Republic of the Philippines)
Makati City
) s.s.
AFFIDAVIT OF DESISTANCE
I,
2.
3.
4.
5.
DENICA JAVIER
Complainant
SUBSCRIBED AND SWORN to before me this 12th day of
April 2011, affiant exhibiting to me his Community Tax
Certificate No. 987654321 issued on January 5, 2011, at
Makati City.
Doc. No.
Page No.
Book No.
Series of 2011.
CONCUBINAGE
(Affidavit of Desistance Misapprehension of Facts)
Republic of the Philippines)
Makati City
) s.s.
AFFIDAVIT OF DESISTANCE
I,
DENICA JAVIER
Complainant
SUBSCRIBED AND SWORN to before me this 12th day of
April 2011, affiant exhibiting to me his Community Tax
Certificate No. 987654321 issued on January 5, 2011, at
Makati City.
Doc. No.
Page No.
Book No.
Series of 2011.
CONCUBINAGE
(Motion for the Allowance of the Accused to Post Bail)
NOTICE
OF
HEARING
RUSSELL W. PITT
City Prosecutor
Makati City
Greetings:
Please take notice that on Friday, January 16, 2011, at
the Makati City Metropolitan Trial Court Branch 07 at 9
oclock a.m., or as soon thereafter as counsel can be heard,
the undersigned will submit the foregoing motion for the
approval of the court.
Makati, Philippines. January 12, 2011
RUSSELL W. PITT
City Prosecutor
CONCUBINAGE
(Motion for the Reduction of Bail)
NOTICE
OF
HEARING
RUSSELL W. PITT
City Prosecutor
Makati City
Greetings:
Advance Legal Writing | Page | 297
RUSSELL W. PITT
City Prosecutor
CONCUBINAGE
(Motion for the Release of the Accused on Recognizance)
- versus -
For: Concubinage
NOTICE
OF
HEARING
RUSSELL W. PITT
City Prosecutor
Makati City
Greetings:
Please take notice that on Friday, January 16, 2011, at
the Makati City Metropolitan Trial Court Branch 07 at 9
oclock a.m., or as soon thereafter as counsel can be heard,
the undersigned will submit the foregoing motion for the
approval of the court.
Makati, Philippines. January 12, 2011
RUSSELL W. PITT
City Prosecutor
CONCUBINAGE
(Motion to Quash Information)
MOTION TO QUASH
Comes now accused SAMANTHA CRUZ, through the
undersigned counsel, respectfully alleges:
1. That she is the co-accused in the above-entitled case
of the crime of violation of Art 334 of the Revised Penal
Code committed against DENICA JAVIER .
2. That the facts charged do not constitute an offense as
previously expounded in the other pleadings related to
this case.
WHEREFORE, it is respectfully prayed that the complaint
and information filed in this case be quashed, with costs de
officio.
Advance Legal Writing | Page | 301
NOTICE
OF
HEARING
RUSSELL W. PITT
City Prosecutor
Makati City
Greetings:
Please take notice that on Friday, January 16, 2011, at
the Makati City Metropolitan Trial Court Branch 07 at 9
oclock a.m., or as soon thereafter as counsel can be heard,
the undersigned will submit the foregoing motion for the
approval of the court.
Makati, Philippines. January 12, 2011
RUSSELL W. PITT
City Prosecutor
CONCUBINAGE
(Motion for the Judicial Determination of Probable Cause
and to Hold in Abeyance the Arraignment of the Accused)
WHEREFORE,
it
is
respectfully
prayed
that
this
NOTICE
OF
HEARING
RUSSELL W. PITT
City Prosecutor
Makati City
Greetings:
Please take notice that on Friday, January 16, 2011, at
the Makati City Metropolitan Trial Court Branch 07 at 9
oclock a.m., or as soon thereafter as counsel can be heard,
Advance Legal Writing | Page | 305
RUSSELL W. PITT
City Prosecutor
CONCUBINAGE
(Motion for Reconsideration of Prosecutors Resolution)
Complainant,
I.S. No. 123456
For: Concubinage
NOTICE
OF
HEARING
Received by:
CONCUBINAGE
(Appeal to the Office of the President)
I.
STATEMENT OF ISSUE
RELIEF
CONCUBINAGE
(Motion for Issuance of an Alias Warrant of Arrest)
Santiago
Munez,
dated
RUSSELL W. PITT
City Prosecutor
Makati City
CONCUBINAGE
(Motion for Demurrer to Evidence with Leave of Court)
WHEREFORE,
it
is
respectfully
prayed
that
this
NOTICE
OF
HEARING
RUSSELL W. PITT
City Prosecutor
Makati City
Greetings:
Please take notice that on Friday, January 16, 2011, at
the Makati City Metropolitan Trial Court Branch 07 at 9
oclock a.m., or as soon thereafter as counsel can be heard,
the undersigned will submit the foregoing motion for the
approval of the court.
Makati, Philippines. January 12, 2011
RUSSELL W. PITT
City Prosecutor
CONCUBINAGE
(Trial Brief)
TRIAL BRIEF
Private PLAINTIFF, by counsel, respectfully submits his
Trial Brief, as follows:
I.
reciprocal
manifestation
of
openness
from
2.1
2.2
2.3
III.
ISSUES TO BE TRIED
EVIDENCE
RESORT TO DISCOVERY
Interrogatories to parties.
CONCUBINAGE
(Pre-Trial Brief)
PRE-TRIAL BRIEF
UNDERSIGNED
Assistant
City
Prosecutor
hereby
Procedure,
and
sub-paragraph
number
of
III-F.
I. DOCUMENTARY EVIDENCE:
EXHIBIT A
---
Marriage
DENICA
certificate
JAVIER
and
between
JUSTIN
JAVIER
Advance Legal Writing | Page | 324
EXHIBIT B
EXHIBIT C
EXHIBIT D
EXHIBIT E
EXHIBIT F
EXHIBIT G
EXHIBIT H
Lester J. Mallari
Assistant City Prosecutor
Copy furnished by personal delivery:
CONCUBINAGE
(Formal Offer of Evidence)
---
Marriage
DENICA
certificate
JAVIER
and
between
JUSTIN
JAVIER
EXHIBIT B
EXHIBIT C
EXHIBIT D
EXHIBIT E
EXHIBIT F
EXHIBIT G
EXHIBIT H
Lester J. Mallari
Assistant City Prosecutor
Copy furnished by personal delivery:
CONCUBINAGE
(Proffer of Evidence)
PROFFER OF EVIDENCE
UNDERSIGNED Assistant City Prosecutor respectfully files
this proffer of evidence concerning the excluded evidence stated
below, in accordance with Section 40, Rule 133 of the Rules of
Court, to wit:
EXHIBIT B -- Affidavit of
DENICA
JAVIER
Respectfully submitted:
Lester J.
Mallari
Assistant City Prosecutor
Copy furnished by personal delivery:
RAPE
(Complaint-Affidavit)
Republic of the Philippines)
Quezon City
) s.s.
COMPLAINT-AFFIDAVIT
I, Jenalene S. Santos, Filipino, of legal age, single, and a
resident of Quezon City, Philippines, after being sworn to in
accordance with law, depose and state:
1. That I know the person of Sean T. Thompson, who is a
resident of No. 8 Respondent Street, Quezon City,
Philippines;
2. That sometime on the night of May 1, 2012, at #8
Accuser St.,, Quezon City, Philippines, the said Sean T.
Thompson through stealth and strategy entered in my
house;
3. That while he is in my house, he went into my bedroom
where I was getting ready to sleep;
4. That using force, threat and intimidation, and without
my consent, had carnal knowledge with me. A true and
faithful machine reproduction of the Medico-legal
findings is hereto attached as Annex A;
5. That despite resistance and lack of consent, he was able
to overpower me and made me fall asleep through the use
of some sleeping agent. A true and faithful machine
reproduction of the blood analysis by the Medico-Legal
for presence of the sleeping agent in my blood stream is
hereto attached, marked as Annex B;
6. That after being processed and referred to the MedicoLegal, the latter was able to collect semen sample from
the accused found within my genital area which is
enough to make proper DNA analysis, the result of the
latter being hereto attached as Annex C;
7. I am therefore executing this Complaint-Affidavit in
support of the charges of Rape against the said Sean T.
Thompson, who may be served with subpoena and other
processes of this Honorable Office at his address at #8
Respondent St, Quezon City, Philippines;
IN WITNESS WHEREOF, I have hereunto set my hand this
10th day of May, 2012 at Quezon City, Philippines.
Jenalene S. Santos
Affiant-Complainant
SUBSCRIBED AND SWORN to before me this 1st day of
May2012, affiant exhibiting to me his Community Tax
Certificate No. 987654321 issued on January 5, 2012, at
Quezon City.
CERTIFICATION
This is to certify that I have personally examined the
affiant and I am satisfied that he understood this complaintaffidavit and that he voluntarily executed the same.
ELIZABETH REYES
ASST. CITY PROSECUTOR
RAPE
(Counter-Affidavit)
Republic of the Philippines)
Quezon City
) s.s.
COUNTER-AFFIDAVIT
I, Sean T. Thompson, of legal age, single, Filipino and
with residence address at No. 8 Respondent Street, Quezon
City, Philippines, after having been duly sworn in accordance
with law, do hereby depose and state, that:
1. I was charged with Rape, by the private-complainant;
2. However, on the night in question, the fact of the matter
is that the both of us were having carnal knowledge with
mutual consent;
3. The lacerations sustained by the vaginal wall of the
complainant is nothing more than the natural cause of
the aggressiveness of the actions of both parties.
4. Some of the lacerations in the vaginal wall are
inconsistent with those produced during an actual rape.
I am executing this counter-affidavit, to attest to the
truth of the foregoing and for whatever legal purpose it may
serve.
Quezon City, 5 May 2012
Sean T. Thompson
Advance Legal Writing | Page | 336
Respondent-Affiant
SUBSCRIBED and SWORN, to before me in the City of
Quezon, this 5th day of May2012 by Sean T. Thompson with
Residence Certificate No. 0012345 issued at Quezon City, on
July 4, 2012.
ELIZABETH REYES
ASST. CITY PROSECUTOR
Copy Furnished:
Jenalene S. Santos
(Private-Complainant)
No. 8 Accuser St.,
Quezon City, Philippines
RAPE
(Reply)
Republic of the Philippines
Department of Justice
OFFICE OF THE CITY PROSECUTOR
Quezon City
Jenalene S. Santos,
Complainant,
I.S. No. 123456
For: Rape
JENALENE S. SANTOS
Complainant
SUBSCRIBED AND SWORN to before me this 10th day of
May, 2012, at the City of Quezon, Philippines, and I hereby
certify that I have personally examined the affiant and that I
am satisfied that she voluntarily executed and understood her
affidavit.
ELIZABETH REYES
ASST. CITY
PROSECUTOR
RAPE
(Rejoinder)
Republic of the Philippines
Department of Justice
OFFICE OF THE CITY PROSECUTOR
Quezon City
Jenalene S. Santos,
Complainant,
I.S. No. 123456
For: Rape
REJOINDER
COMES NOW the respondent, SEAN T. THOMPSON,
through counsel, and, by way of a Rejoinder to the
complainants Reply, respectfully alleges that:
This Rejoinder is being filed with the Office of the City
Prosecutor considering that Reply filed by the complainant
disregards the fact that there are contradictory factual
evidence in the statement and evidence of the complainant,
particularly in the lacerations on her vaginal wall.
PREMISES CONSIDERED, there appears no valid nor
cogent reason to proceed with the filing of the information as
there is clearly a lack of merit on the case of the complainant.
Quezon City, May 15, 2012
Advance Legal Writing | Page | 341
Respectfully submitted:
JOSE D. MANUEL
COUNSEL FOR THE RESPONDENT
ROLL NO. 82344556
PTR OR NO. 82345/01-07-08/Quezon City
IBP OR NO. 823456/02-01-08/Quezon City
MCLE NO. 823456/02-01-08/Quezon City
Copy Furnished:
Jenalene S. Santos
(Private-Complainant)
No. 8 Accuser St.,
Quezon City, Philippines
RAPE
(Sur-Rejoinder)
Republic of the Philippines
Department of Justice
OFFICE OF THE CITY PROSECUTOR
Quezon City
Jenalene S. Santos,
Complainant,
I.S. No. 123456
For: Rape
SUR-REJOINDER
COMES NOW the complainant, Jenalene S. Santos,
through counsel, and, by way of a Sur rejoinder, respectfully
alleges that:
1. This Sur rejoinder is being filed with the Office of the
City Prosecutor considering that Rejoinder filed by the
respondent disregards the fact that there is no consent
to the rape done against the person of the
complainant.
PREMISES CONSIDERED, it is respectfully prayed that
the Office of the City Prosecutor files the information against
the herein respondent.
Quezon City, February 10, 2010.
Advance Legal Writing | Page | 343
Respectfully submitted:
EDGARDO J. SORIANO
COUNSEL FOR THE COMPLAINANT
ROLL NO. 82344556
PTR OR NO. 82345/01-07-08/Quezon City
IBP OR NO. 823456/02-01-08/Quezon City
MCLE NO. 823456/02-01-08/Quezon City
Copy furnished:
Sean T. Thompson
Respondent
RAPE
(Motion for Clarificatory Questions)
Republic of the Philippines
Department of Justice
OFFICE OF THE CITY PROSECUTOR
Quezon City
Jenalene S. Santos,
Complainant,
I.S. No. 123456
For: Rape
it
is
respectfully
prayed
that
the
JOSE D. MANUEL
COUNSEL FOR THE DEFENDANT
ROLL NO. 82344556
PTR OR NO. 82345/01-07-08/Quezon City
IBP OR NO. 823456/02-01-08/Quezon City
MCLE NO. 823456/02-01-08/Quezon City
NOTICE
OF
HEARING
EDGARDO J. SORIANO
Counsel for Complainant
Quezon City
Greetings:
Please take notice that on Friday, May 30, 2012, at the
Quezon City Prosecutors Office at 9 oclock a.m., or as soon
thereafter as counsel can be heard, the undersigned will
submit the foregoing motion for the approval of the court.
Quezon, Philippines. May 20, 2012
JOSE D. MANUEL
COUNSEL FOR THE DEFENDANT
ROLL NO. 82344556
PTR OR NO. 82345/01-07-08/Quezon City
IBP OR NO. 823456/02-01-08/Quezon City
MCLE NO. 823456/02-01-08/Quezon City
Received by:
Advance Legal Writing | Page | 346
EDGARDO J. SORIANO
Counsel for Complainant
RAPE
(Resolution)
Republic of the Philippines
Department of Justice
OFFICE OF THE CITY PROSECUTOR
Quezon City
Jenalene S. Santos,
Complainant,
I.S. No. 123456
For: Rape
RESOLUTION
SUBMITTED for resolution is a complaint for Rape under
Article 266-A of the Revised Penal Code allegedly committed
during the May 1, 2012, at Quezon City, supported by the
sworn statement of the complainant and photocopies of the
various medical finding of the Medico-Legal.
In his sworn statement, the complainant alleges that,
during the afore-stated period of time and place, the
respondent had carnal knowledge with the complainant
without the latters consent through the use of force, threat,
violence and intimidation.
However, the respondents claim that, the filing of the
complaint is without legal basis since the act was performed
Advance Legal Writing | Page | 348
ELIZABETH REYES
Assistant City Prosecutor
APPROVED:
ALI B. BALIG
City Prosecutor
RAPE
(Information)
Republic of the Philippines
National Capital Judicial Region
REGIONAL TRIAL COURT
Quezon City, Branch VI
People of the Philippines,
Plaintiff,
Criminal Case No. 3456
For: Rape
INFORMATION
The undersigned Assistant City Prosecutor of the City of
Quezon, upon prior written authority of the City Prosecutor ,
ALI B. BALIG, accuses SEAN T. THOMPSON of Rape under
Article 266-A of the Revised Penal Code, committed as follows:
That on or about the 1 st of May, 2012, in the City of
Quezon, Philippines, and within the jurisdiction of this
Honorable Court, the said accused actuated by lust, willfully,
unlawfully and feloniously, and by means of force, threat and
intimidation,
ELIZABETH REYES
Assistant City Prosecutor
Witnesses:
1. Diana Navarro - Medico-Legal Medical Technician
BAIL RECOMMENDED: none.
ELIZABETH REYES
Assistant City Prosecutor
RAPE
(Affidavit of Desistance Mistaken Identity)
Republic of the Philippines)
Quezon City
) s.s.
AFFIDAVIT OF DESISTANCE
I, JENALENE S. SANTOS, of legal age, single, Filipino,
and residing at 8 Sesame Street, Quezon City, Philippines,
after having been sworn to in accordance with law, depose and
says that:
1. I am the Private Complainant in Criminal Case No. D123-456 for RAPE, entitled People of the Philippines vs.
SEAN T. THOMPSON, which is now pending before the
Regional Trial Court, National Capital Judicial Region,
Quezon City, Branch 07;
2. After a careful evaluation of the facts and circumstances
surrounding the case, I personally and honestly believe
that, due to the administration of the drug in my body, I
was not able to see clearly who perpetrated the crime
against me and that it is not likely that the herein
accused is the perpetrator;
3. I am no longer interested in further prosecuting the case
against the accused;
4. I am not paid, threatened, nor coerce in executing this
affidavit of desistance;
5. I am voluntarily executing this affidavit to attest the
veracity of the foregoing and to move for the dismissal of
the said case against the accused.
Advance Legal Writing | Page | 352
JENALENE S. SANTOS
Affiant
.
SUBSCRIBED and SWORN, to before me in the City of
Quezon, this 20th day of May2012 by Jenalene S. Santos with
Residence Certificate No. 0987654321 issued at Quezon City,
on January 4, 2012.
RAPE
(Affidavit of Desistance Misapprehension of Facts)
Republic of the Philippines)
Quezon City
) s.s.
AFFIDAVIT OF DESISTANCE
I, JENALENE S. SANTOS, of legal age, single, Filipino,
and residing at 8 Sesame Street, Quezon City, Philippines,
after having been sworn to in accordance with law, depose and
says that:
1. I am the Private Complainant in Criminal Case No. D123-456 for RAPE, entitled People of the Philippines vs.
SEAN T. THOMPSON, which is now pending before the
Regional Trial Court, National Capital Judicial Region,
Quezon City, Branch 07;
2. After a careful evaluation of the facts and circumstances
surrounding the case, I personally and honestly believe
that I have been swayed by my own changing emotions, I
was unable to comprehend properly the actions of the
accused and that at some time prior to the
consummation of the act, I gave consent to the same;
3. I am no longer interested in further prosecuting the case
against the accused;
4. I am not paid, threatened, nor coerce in executing this
affidavit of desistance;
5. I am voluntarily executing this affidavit to attest the
veracity of the foregoing and to move for the dismissal of
the said case against the accused.
Advance Legal Writing | Page | 354
JENALENE S. SANTOS
Affiant
.
SUBSCRIBED and SWORN, to before me in the City of
Quezon, this 20th day of May2012 by Jenalene S. Santos with
Residence Certificate No. 0987654321 issued at Quezon City,
on January 4, 2012.
RAPE
(Motion for the Allowance of the Accused to Post Bail)
Republic of the Philippines
National Capital Judicial Region
REGIONAL TRIAL COURT
Quezon City, Branch VI
People of the Philippines,
Plaintiff,
Criminal Case No. 3456
For: Rape
JOSE D. MANUEL
COUNSEL FOR THE DEFENDANT
ROLL NO. 82344556
PTR OR NO. 82345/01-07-08/Quezon City
IBP OR NO. 823456/02-01-08/Quezon City
MCLE NO. 823456/02-01-08/Quezon City
NOTICE
OF
HEARING
ALI B. LIBAG
City Prosecutor
Quezon City
Greetings:
Please take notice that on Friday, May 30, 2012, at the
Quezon City Regional Trial Court at 9 oclock a.m., or as soon
thereafter as counsel can be heard, the undersigned will
submit the foregoing motion for the approval of the court.
Quezon, Philippines. May 20, 2012
JOSE D. MANUEL
Advance Legal Writing | Page | 358
Received by:
ALI B. LIBAG
City Prosecutor
RAPE
(Motion for the Reduction of Bail)
Republic of the Philippines
National Capital Judicial Region
REGIONAL TRIAL COURT
Quezon City, Branch VI
People of the Philippines,
Plaintiff,
Criminal Case No. 3456
For: Rape
JOSE D. MANUEL
COUNSEL FOR THE RESPONDENT
ROLL NO. 82344556
PTR OR NO. 82345/01-07-08/Quezon City
IBP OR NO. 823456/02-01-08/Quezon City
MCLE NO. 823456/02-01-08/Quezon City
NOTICE
OF
HEARING
ALI B. LIBAG
City Prosecutor
Quezon City
Greetings:
Please take notice that on Friday, May 30, 2012, at the
Quezon City Regional Trial Court at 9 oclock a.m., or as soon
thereafter as counsel can be heard, the undersigned will
submit the foregoing motion for the approval of the court.
Quezon, Philippines. May 20, 2012
JOSE D. MANUEL
COUNSEL FOR THE DEFENDANT
ROLL NO. 82344556
PTR OR NO. 82345/01-07-08/Quezon City
Advance Legal Writing | Page | 361
Received by:
ALI B. LIBAG
City Prosecutor
RAPE
(Motion for the Release of the Accused on Recognizance)
Republic of the Philippines
National Capital Judicial Region
REGIONAL TRIAL COURT
Quezon City, Branch VI
People of the Philippines,
Plaintiff,
Criminal Case No. 3456
For: Rape
NOW
accused
SEAN
T.
THOMPSON
and
respectfully alleges:
1. That the defendant is in custody for the alleged
commission of the crime of Rape;
2. That being unable to post the required cash or bail bond,
hereby binds himself, pending final decision of the aboveentitled case, to appear before the court when so
ordered ;
3. That the undersigned hereby further binds himself to
accept the authority of Ban T. Ay in whose custody he
was placed by the Court.
Advance Legal Writing | Page | 363
prayed
that
the
defendant
be
released
on
recognizance.
JOSE D. MANUEL
COUNSEL FOR THE RESPONDENT
ROLL NO. 82344556
PTR OR NO. 82345/01-07-08/Quezon City
IBP OR NO. 823456/02-01-08/Quezon City
MCLE NO. 823456/02-01-08/Quezon City
NOTICE
OF
HEARING
ALI B. LIBAG
City Prosecutor
Quezon City
Greetings:
Please take notice that on Friday, May 30, 2012, at the
Quezon City Regional Trial Court at 9 oclock a.m., or as soon
thereafter as counsel can be heard, the undersigned will
submit the foregoing motion for the approval of the court.
Quezon, Philippines. May 20, 2012
JOSE D. MANUEL
COUNSEL FOR THE DEFENDANT
ROLL NO. 82344556
Advance Legal Writing | Page | 364
Received by:
ALI B. LIBAG
City Prosecutor
RAPE
(Motion to Quash Information)
Republic of the Philippines
National Capital Judicial Region
REGIONAL TRIAL COURT
Quezon City, Branch VI
People of the Philippines,
Plaintiff,
Criminal Case No. 3456
For: Rape
MOTION TO QUASH
Accused SEAN T. THOMPSON, through the undersigned
counsel, respectfully alleges:
1. That she is the accused in the above-entitled case of the
crime of Rape committed against Jenalene S. Santos.
2. That the facts charged do not constitute an offense as
previously expounded in the other pleadings related to
this case.
WHEREFORE, it is respectfully prayed that the complaint
and information filed in this case be quashed, with costs de
oficio.
JOSE D. MANUEL
COUNSEL FOR THE RESPONDENT
ROLL NO. 82344556
PTR OR NO. 82345/01-07-08/Quezon City
IBP OR NO. 823456/02-01-08/Quezon City
MCLE NO. 823456/02-01-08/Quezon City
NOTICE
OF
HEARING
ALI B. LIBAG
City Prosecutor
Quezon City
Greetings:
Please take notice that on Friday, May 30, 2012, at the
Quezon City Regional Trial Court at 9 oclock a.m., or as soon
thereafter as counsel can be heard, the undersigned will
submit the foregoing motion for the approval of the court.
Quezon, Philippines. May 20, 2012
JOSE D. MANUEL
COUNSEL FOR THE DEFENDANT
ROLL NO. 82344556
PTR OR NO. 82345/01-07-08/Quezon City
IBP OR NO. 823456/02-01-08/Quezon City
MCLE NO. 823456/02-01-08/Quezon City
Received by:
Advance Legal Writing | Page | 367
ALI B. LIBAG
City Prosecutor
RAPE
(Motion for the Judicial Determination of Probable Cause
and to Hold the Arraignment of the Accused in Abeyance)
Republic of the Philippines
National Capital Judicial Region
REGIONAL TRIAL COURT
Quezon City, Branch VI
People of the Philippines,
Plaintiff,
Criminal Case No. 3456
For: Rape
it
is
respectfully
prayed
that
this
JOSE D. MANUEL
COUNSEL FOR THE RESPONDENT
ROLL NO. 82344556
PTR OR NO. 82345/01-07-08/Quezon City
IBP OR NO. 823456/02-01-08/Quezon City
MCLE NO. 823456/02-01-08/Quezon City
NOTICE
OF
HEARING
ALI B. LIBAG
Advance Legal Writing | Page | 369
City Prosecutor
Quezon City
Greetings:
Please take notice that on Friday, May 30, 2012, at the
Quezon City Regional Trial Court at 9 oclock a.m., or as soon
thereafter as counsel can be heard, the undersigned will
submit the foregoing motion for the approval of the court.
Quezon, Philippines. May 20, 2012
JOSE D. MANUEL
COUNSEL FOR THE DEFENDANT
ROLL NO. 82344556
PTR OR NO. 82345/01-07-08/Quezon City
IBP OR NO. 823456/02-01-08/Quezon City
MCLE NO. 823456/02-01-08/Quezon City
Received by:
ALI B. LIBAG
City Prosecutor
RAPE
(Motion for Reconsideration of Prosecutors Resolution)
Republic of the Philippines
Department of Justice
OFFICE OF THE CITY PROSECUTOR
Quezon City
Jenalene S. Santos,
Complainant,
Advance Legal Writing | Page | 370
SEAN
T.
THOMPSON,
through
the
JOSE D. MANUEL
COUNSEL FOR THE RESPONDENT
ROLL NO. 82344556
PTR OR NO. 82345/01-07-08/Quezon City
IBP OR NO. 823456/02-01-08/Quezon City
MCLE NO. 823456/02-01-08/Quezon City
NOTICE
OF
HEARING
EDGARDO J. SORIANO
Counsel for Complainant
Quezon City
Greetings:
Please take notice that on Friday, May 30, 2012, at the
Quezon City Regional Trial Court at 9 oclock a.m., or as soon
thereafter as counsel can be heard, the undersigned will
submit the foregoing motion for the approval of the court.
Quezon, Philippines. May 20, 2012
JOSE D. MANUEL
COUNSEL FOR THE RESPONDENT
ROLL NO. 82344556
PTR OR NO. 82345/01-07-08/Quezon City
IBP OR NO. 823456/02-01-08/Quezon City
MCLE NO. 823456/02-01-08/Quezon City
Received by:
EDGARDO J. SORIANO
Counsel for Complainant
RAPE
(Appeal to the Office of the President)
Republic of the Philippines
OFFICE OF THE PRESIDENT
Malacanan, Manila
Sean Thompson,
Appellant,
I.S. No. 123456
For: Rape
ASSIGNMENT OF ERROR
probable
cause
where
the
evidence
produced
is
STATEMENT OF ISSUE
RELIEF
VI.
WHEREFORE, appellant-respondent humbly prays that
this Honorable Office reverse the decision of the Department
of Justice and thereby also reversing the finding of the Office
of the City Prosecutor of Quezon finding probable cause
against the herein appellant-respondent.
Quezon City, May 20, 2012.
JOSE D. MANUEL
COUNSEL FOR THE RESPONDENT
ROLL NO. 82344556
PTR OR NO. 82345/01-07-08/Quezon City
Copy furnished:
EDGARDO J. SORIANO
Counsel for Complainant
RAPE
(Motion for the Issuance of an Alias Warrant of Arrest)
Republic of the Philippines
National Capital Judicial Region
REGIONAL TRIAL COURT
Quezon City, Branch VI
People of the Philippines,
Plaintiff,
Criminal Case No. 3456
For: Rape
Ali B. Balig
City Prosecutor
RAPE
(Motion for Demurrer to Evidence with Leave of Court)
Republic of the Philippines
National Capital Judicial Region
REGIONAL TRIAL COURT
Quezon City, Branch VI
People of the Philippines,
Plaintiff,
Criminal Case No. 3456
For: Rape
WHEREFORE,
it
is
respectfully
prayed
that
this
NOTICE
OF
HEARING
Ali B. Balig
City Prosecutor
Quezon City
Greetings:
Please take notice that on Friday, May 30, 2012, at the
Quezon City Regional Trial Court Branch 07 at 9 oclock a.m.,
or as soon thereafter as counsel can be heard, the
undersigned will submit the foregoing motion for the approval
of the court.
Quezon, Philippines. May 20, 2012
JOSE D. MANUEL
COUNSEL FOR THE RESPONDENT
ROLL NO. 82344556
PTR OR NO. 82345/01-07-08/Quezon City
Advance Legal Writing | Page | 379
Ali B. Balig
City Prosecutor
RAPE
(Trial Brief)
Republic of the Philippines
National Capital Judicial Region
REGIONAL TRIAL COURT
Quezon City, Branch VI
People of the Philippines,
Plaintiff,
Criminal Case No. 3456
For: Rape
TRIAL BRIEF
UNDERSIGNED
Assistant
City
Prosecutor
hereby
Procedure,
and
sub-paragraph
number
of
EXHIBIT
---
true
and
faithful
machine
ELIZABETH REYES
Assistant City Prosecutor
Copy furnished by personal delivery:
Mana N. Nanggol
Counsel for the accused, Quezon City.
RAPE
(Pre-Trial Brief)
Republic of the Philippines
National Capital Judicial Region
REGIONAL TRIAL COURT
Quezon City, Branch VI
People of the Philippines,
Plaintiff,
Criminal Case No. 3456
For: Rape
PRE-TRIAL BRIEF
UNDERSIGNED
Assistant
City
Prosecutor
hereby
Procedure,
and
sub-paragraph
number
of
Respectfully submitted:
ELIZABETH REYES
Assistant City Prosecutor
Jose D. Manuel
Counsel for the accused, Quezon City.
RAPE
(Formal Offer of Evidence)
Republic of the Philippines
National Capital Judicial Region
REGIONAL TRIAL COURT
Quezon City, Branch VI
People of the Philippines,
Plaintiff,
Criminal Case No. 3456
For: Rape
---
true
and
faithful
machine
ELIZABETH REYES
Assistant City Prosecutor
Copy furnished:
(by personal delivery in open court):
Atty. Jose D. Manuel, counsel for the accused.
RAPE
(Proffer of Evidence)
Republic of the Philippines
National Capital Judicial Region
REGIONAL TRIAL COURT
Quezon City, Branch VI
People of the Philippines,
Plaintiff,
Criminal Case No. 3456
For: Rape
PROFFER OF EVIDENCE
UNDERSIGNED Assistant City Prosecutor respectfully files
this proffer of evidence concerning the excluded evidence stated
below, in accordance with Section 40, Rule 133 of the Rules of
Court , to wit:
EXHIBIT
---
true
and
faithful
machine
ELIZABETH REYES
Assistant City Prosecutor
Copy furnished:
(by personal delivery in open court):
Atty. Jose D. Manuel, counsel for the accused.
3.
4.
5.
6.
7.
ALESSANDRA T. MASANGKAY
Affiant-Complainant
SUBSCRIBED AND SWORN to before me this 6th day of
September 2012, affiant exhibiting to me her Community Tax
Certificate No. 987654321 issued on January 5, 2012, at
Makati City.
CERTIFICATION
This is to certify that I have personally examined the
affiant and I am satisfied that he understood this complaintaffidavit and that he voluntarily executed the same.
BERNARDO SALVADOR
Advance Legal Writing | Page | 394
RUDITO O. MASANGKAY
Respondent-Affiant
SUBSCRIBED and SWORN, to before me in the City of
MAKATI, this 6th day of September2012 by Mr. Rudito o.
Masangkay with Residence Certificate No. 0012345 issued at
MAKATI City, on July 4, 2012.
Copy Furnished:
Advance Legal Writing | Page | 397
Alessandra T. Masangkay
(Private-Complainant)
#1 Kapitolo St., Makati City, Philippines
ALESSANDRA T. MASANGKAY
Complainant
SUBSCRIBED AND SWORN to before me this 25th day of
September, 2012, at the City of MAKATI, Philippines, and I
hereby certify that I have personally examined the affiant and
that I am satisfied that she voluntarily executed and
understood her affidavit.
My commission expires
on December 31, 2012
REJOINDER
COMES NOW the respondent, RUDITO O. MASANGKAY
through counsel, and, by way of a Rejoinder to the
complainants Reply, respectfully alleges that:
1.
2.
Alessandra T. Masangkay
#1 Kapitolo Street, Makati City
SUR-REJOINDER
COMES NOW the complainant, ALESSANDRA T.
MASANGKAY, through counsel, and, by way of a Sur rejoinder,
respectfully alleges that:
1.
This Sur
rejoinder is being filed with the Office of the City
Prosecutor considering that Rejoinder filed by the
respondent disregards the fact that the acts of
respondent constitute child abuse penalized under
Sec. 10, (a), in relation to Sec. 3 (1 & 2) of Republic Act
7610.
LOURENA B. BUNDAC
Counsel for Complainant
Roces Avenue, Makati City.
I B P 123456
P T R 123456
Roll No. 123456
Copy furnished:
Rudito O. Masangkay
# 1 Halaya St., Makati City
RESOLUTION
SUBMITTED for resolution is a complaint for Violation of
the Child Abuse Law, or Republic Act No. 7610, otherwise
allegedly committed in the evening of September 05, 2012, at
No. 1 Kapitolo St. MAKATI City. In support of the complaint,
the complainant and the eight (8) year old victim submitted
and affirmed their respective sworn statements.
On October 03, when this case was called for the
continuation of the preliminary investigation, the respondent
appeared but the complainant failed to come. The respondent
called the attention of the undersigned to his counter affidavit
and its annexes and asked for an extension of time to submit
additional evidence. Finding the request to be in order, the
same is hereby granted and the respondent is given a period of
Advance Legal Writing | Page | 406
ten (10) days from today within which to submit his additional
evidence.
In the light of the foregoing, the respondent is hereby
directed to furnish the complainant with a copy of his counter
affidavit, together with its annexes, and of the additional
evidence which he submitted, and to submit proof of service of
the same to this Office.
Makati City, October 04 ,2012.
MARIENELL FORTUNO
Assistant City Prosecutor
Copy furnished:
1. Alessandra T. Masangkay No. 1 Kapitolo St , MAKATI
City;
2. Rudito O. Masangkay No. 2 Halaya St, MAKATI City.
INFORMATION
The undersigned City Prosecutor of the City of MAKATI
accuses RUDITO O. MASANGKAY, of acts of cruelty
constituting Child Abuse, defined and punished under Section
10, paragraph (a), in relation to Section 3, paragraphs A and
B(1) of Republic Act No. 7610, committed as follows:
That on or about the 5th day of September, 2012, in the
City of MAKATI, Philippines, and within the jurisdiction of this
Honorable Court, the said accused, actuated by hate and by
means of violence, did then and there willfully, unlawfully and
feloniously commit acts of cruelty constituting Child Abuse on
the person of Justin C. Santiago Jr., an eight (8) year old
minor, by banging the latters head against a table, boxing him
repeatedly, and kicking him on his waist, thereby inflicting
upon the latter serious physical injuries, to wit: Serious Infra
Advance Legal Writing | Page | 408
SARAH M. CASIN
City Prosecutor
Makati City
ALESSANDRA T. MASANGKAY
Affiant
SUBSCRIBED and SWORN, to before me in the City of
MAKATI, this 29TH day of September 2012 by Alessandra T.
Masangkay with Residence Certificate No. 0987654321 issued
at MAKATI City, on January 4, 2012.
and
residing
#1
Kapitolo
St.,
MAKATI
City,
ALESSANDRA T. MASANGKAY
Affiant
SUBSCRIBED and SWORN, to before me in the City of
MAKATI, this 25th day of November, 2012 by JAIME I. CORDEZ
JR. with Residence Certificate No. 0987654321 issued at
MAKATI City, on January 4, 2012.
LOURENA A. BUNDAC
Counsel for Plaintiff
Makati City
Advance Legal Writing | Page | 416
Received by:
Counsel for Complainant
RUDITO
O.
MASANGKAY
through
the
Notice of Hearing
LOURENA B. BUNDAC
Makati City
Counsel for Complainant
Greetings:
Please take notice that on September 18, 2012, at the
MAKATI City Regional Trial Court Branch 7 at 9 oclock a.m.,
or as soon thereafter as counsel can be heard, the
undersigned will submit the foregoing motion for the approval
of the court.
Makati, Philippines. September 12, 2012
LOURENA A. BUNDAC
Counsel for Plaintiff
Makati City
Received by:
Counsel for Complainant
prayed
that
the
defendant
be
released
on
recognizance.
September 07, 2012. Makati City
RUDITO O. MASANGKAY
Accused
NOTICE OF HEARING
SARAH I. CASIN
City Prosecutor
Makati City
Greetings:
Please take notice that on Friday, September 28, 2012, at
the MAKATI City Regional Trial Court Branch 144 at 9 oclock
a.m., or as soon thereafter as counsel can be heard, the
undersigned will submit the foregoing motion for the approval
of the court.
MAKATI, Philippines. September 15, 2012
Received by:
Counsel for Complainant
RUDITO
O.
MASANGKAY
through
the
Notice of Hearing
LOURENA B. BUNDAC
Makati City
Counsel for Complainant
Greetings:
Please take notice that on September 18, 2012, at the
MAKATI City Regional Trial Court Branch 7 at 9 oclock a.m.,
or as soon thereafter as counsel can be heard, the
undersigned will submit the foregoing motion for the approval
of the court.
Makati, Philippines. September 12, 2012
LOURENA A. BUNDAC
Counsel for Plaintiff
Makati City
Received by:
RUDITO
O.
MASANGKAY
through
the
it
is
respectfully
prayed
that
this
Notice of Hearing
LOURENA B. BUNDAC
Makati City
Counsel for Complainant
Greetings:
Please take notice that on September 18, 2012, at the
MAKATI City Regional Trial Court Branch 7 at 9 oclock a.m.,
or as soon thereafter as counsel can be heard, the
undersigned will submit the foregoing motion for the approval
of the court.
LOURENA A. BUNDAC
Counsel for Plaintiff
Makati City
Received by:
Counsel for Complainant
RUDITO
O.
MASANGKAY
through
the
LOURENA A. BUNDAC
Counsel for Plaintiff
Makati City
Received by:
Counsel for Complainant
SARAH I. CASIN
City Prosecutor
Notice of Hearing
LOURENA A. BUNDAC
Makati City
Counsel for Defendant
Greetings:
Please take notice that on Friday, September 28, 2012, at
the MAKATI City Regional Trial Court Branch 144 at 9 oclock
a.m., or as soon thereafter as counsel can be heard, the
undersigned will submit the foregoing motion for the approval
of the court.
Makati, Philippines. September 15, 2012.
SARAH I. CASIN
City Prosecutor
Advance Legal Writing | Page | 433
Received by:
Makati City
TRIAL BRIEF
UNDERSIGNED
Assistant
City
Prosecutor
hereby
Procedure,
and
sub-paragraph
number
of
commit
acts
of
cruelty
Hematoma,
left
less
than
complications,
30
which
days,
cruel
excluding
acts
are
JURISDICTION:
sturdily
the chair in front of the dining table, banged his head against
the table, boxed him repeatedly and kicked him on his waist
several times; That when the private complainant
came to
rescue her son the accused hurriedly run towards the main
Advance Legal Writing | Page | 437
door.
III-E.
That
testimonials
from
their
neighbor
(UsySyra)
DOCUMENTARY EVIDENCE:
TESTIMONIAL EVIDENCE:
LOURENA A. BUNDAC
Counsel for the accused,
Makati City.
PRE-TRIAL BRIEF
UNDERSIGNED Assistant City Prosecutor hereby respectfully
submits, for purposes of the Pre-Trial hereon, conformably
with Rule 118 of the (2000) Revised Rules on Criminal
Procedure, and sub-paragraph number 1 of paragraph B of
the chapter on Pre-Trial of Administrative Matter No. 03-1-09SC, the following Manifestations, Proposals for Stipulation of
Facts and Issues, and Identification of Evidence for the
Prosecution, to wit:
THEORY OF THE PROSECUTION
The theory of the prosecution is premised on the
application of the provisions of Republic Act 7610 specifically
Sec. 10, (a) in relation to Sec. 3 (1 & 2) , on the following
circumstances, to wit:
Advance Legal Writing | Page | 440
commit
acts
of
cruelty
Hematoma,
left
less
than
complications,
30
which
days,
cruel
excluding
acts
are
JURISDICTION:
sturdily
the chair in front of the dining table, banged his head against
the table, boxed him repeatedly and kicked him on his waist
several times; That when the private complainant
came to
rescue her son the accused hurriedly run towards the main
Advance Legal Writing | Page | 442
door.
III-E.
That
testimonials
from
their
neighbor
(UsySyra)
DOCUMENTARY EVIDENCE:
TESTIMONIAL EVIDENCE:
LOURENA A. BUNDAC
Counsel for the accused,
Makati City.
Respectfully submitted:
SARAH I. CASIN
Assistant City Prosecutor
Copy furnished:
PROFFER OF EVIDENCE
UNDERSIGNED Assistant City Prosecutor respectfully files
this proffer of evidence concerning the excluded evidence stated
below, in accordance with Section 40, Rule 133 of the Rules of
Court, to wit:
EXHIBIT A --- A Medical Certificate of the private
offended party (Justin C. Santiago Jr.) certified by a
Medico Legal Dr. Torres-Doc.
THE TESTIMONIAL EVIDENCE consists of the testimonies
given by witnesses Alessandra T. Masangkay (private
complainant and mother of the victim), Kong Bagatsing,
neighbor of the private offended party and the accused, who
witnessed the cruel acts of the latter towards Justin C.
Copy furnished:
ALFREDO DE OCAMPO
ASST. CITY PROSECUTOR
Advance Legal Writing | Page | 450
Emilio Esteves
Accused-Affiant
RESOLUTION
SUBMITTED for resolution is a complaint for violation
Republic Act No. 7877 allegedly committed during the October
1, 2010, at Manila, supported by the sworn statement of the
Plaintiff and photocopies of the police report of the incident.
In his sworn statement, the Plaintiff alleges that, during
the afore-stated period of time and place, the Accused in
exchange for his signature in Plaintiffs graduation clearance,
she was asked by the Accused to take off her top and allow
him to touch her breast and other parts although he was not
able to finished doing so.
However, the Accused claims that, the filing of the
complaint is without legal basis since the there was no such
act and the Plaintiff was merely asked to answer mere queries
Advance Legal Writing | Page | 454
ALFREDO DE OCAMPO
Assistant City Prosecutor
APPROVED:
MARIENELL FORTUNO
City Prosecutor
INFORMATION
The undersigned Assistant City Prosecutor of the City of
Manila, upon prior written authority of the City Prosecutor,
Marienell Fortuno,
accuses
EMILIO ESTEVES
of
crime
Contrary to law.
Manila, October 20, 2010.
ALFREDO DE OCAMPO
Assistant City Prosecutor
VIOLATION OF ANTI-SEXUAL HARRASSMENT LAW
(Affidavit of Desistance Mistaken Identity)
Republic of the Philippines)
City of Manila
) s.s.
AFFIDAVIT OF DESISTANCE
I, JUANA DELA CRUZ, of legal age, single, Filipino, and
residing at 300 Masangkay St. Manila, Philippines, after
having been sworn to in accordance with law, depose and says
that:
1. I am the Private Plaintiff in Criminal Case No. E-456789 for VIOLATION OF
REPUBLIC ACT 7877,
entitled People of the Philippines vs. EMILIO
ESTEVES, which is now pending before the
Metropolitan Trial Court, National Capital Judicial
Region, Manila, Branch 001;
2. After a careful evaluation of the facts and
circumstances surrounding the case, I personally and
honestly believe that, due to the speed at which the
incident happened, I was not able to see the face of the
perpetrator;
3. I cannot, in clean conscience, pursue this criminal
case against the accused where I cannot verify with
certainty the identity of the perpetrator;
Advance Legal Writing | Page | 457
- versus -
Emilio Estevez,
Defendant.
x---------------------------x
MOTION TO ALLOW ACCUSED TO POST BAIL
COMES NOW accused EMILIO ESTEVES, through the
undersigned counsel, and respectfully alleges:
1. That the defendant is in custody for the alleged
commission of the violation of Republic Act 7877;
2. That no bail has been recommended for his temporary
release, on the assumption that the evidence of guilt is
strong;
3. That the burden of showing that evidence of guilt is
strong is on the prosecution, and unless this fact is
satisfactorily shown, the defendant may be bailed at the
courts discretion.
Lourena A. Bundac
Counsel for Defendant
Manila
Received by:
Counsel for Plaintiff
Advance Legal Writing | Page | 461
LOURENA A. BUNDAC
Counsel for the Defendant
Roll:T78979
IBP O.R.676H75
PTR O.R.575798
MCLE:575887
Notice of Hearing
Marienell Fortuno
City Prosecutor
Manila
Greetings:
Please take notice that on Friday, October 30, 2010, at
the Manila Regional Trial Court Branch 001 at 9 oclock a.m.,
or as soon thereafter as counsel can be heard, the
undersigned will submit the foregoing motion for the approval
of the court.
Manila, Philippines. October 20, 2010
Lourena A. Bundac
Counsel for Defendant
Manila
Received by:
Counsel for Plaintiff
- versus -
Emilio Estevez,
Defendant.
x---------------------------x
MOTION TO RELEASE ACCUSED ON RECOGNIZANCE
COMES NOW accused EMILIO ESTEVES and respectfully
alleges:
1. That the defendant is in custody for the alleged
commission of the offense of violation of Anti Sexual
Harassment Act;
2. That being unable to post the required cash or bail
bond, hereby binds herself, pending final decision of
the above-entitled case, to appear before the court
when so ordered ;
3. That the undersigned hereby further binds himself to
accept the authority of Lourena A. Bundac in whose
custody he was placed by the Court.
prayed
that
the
defendant
be
released
on
recognizance.
October 30, 2010. Manila
LOURENA A. BUNDAC
Counsel for the Defendant
Roll:T78979
IBP O.R.676H75
PTR O.R.575798
MCLE:575887
Notice of Hearing
Marienell Fortuno
City Prosecutor
Manila
Greetings:
Please take notice that on Friday, October 30, 2010, at
the Manila Regional Trial Court Branch 001 at 9 oclock a.m.,
or as soon thereafter as counsel can be heard, the
undersigned will submit the foregoing motion for the approval
of the court.
Manila, Philippines. October 20, 2010
Lourena A. Bundac
Counsel for Defendant
Manila
Received by:
Advance Legal Writing | Page | 465
MOTION TO QUASH
Accused EMILIO ESTEVES, through the undersigned
counsel, respectfully alleges:
1. That she is the accused in the above-entitled case of the
offense of violation of Anti Sexual Harassment Act
Republic Act 7877 committed against Juana Dela Cruz.
2. That the facts charged do not constitute an offense as
previously expounded in the other pleadings related to
this case.
WHEREFORE, it is respectfully prayed that the complaint
and information filed in this case be quashed, with costs de
oficio.
Advance Legal Writing | Page | 467
LOURENA A. BUNDAC
Counsel for the Defendant
Roll:T78979
IBP O.R.676H75
PTR O.R.575798
MCLE:575887
Notice of Hearing
Marienell Fortuno
City Prosecutor
Manila
Greetings:
Please take notice that on Friday, October 30, 2010, at
the Manila Regional Trial Court Branch 001 at 9 oclock a.m.,
or as soon thereafter as counsel can be heard, the
undersigned will submit the foregoing motion for the approval
of the court.
Manila, Philippines. October 20, 2010
Lourena A. Bundac
Counsel for Defendant
Manila
Received by:
Counsel for Plaintiff
it
is
respectfully
prayed
that
this
LOURENA A. BUNDAC
Counsel for the Defendant
Roll:T78979
IBP O.R.676H75
PTR O.R.575798
MCLE:575887
Notice of Hearing
Marienell Fortuno
City Prosecutor
Manila
Greetings:
Please take notice that on Friday, October 30, 2010, at
the Manila Regional Trial Court Branch 001 at 9 oclock a.m.,
or as soon thereafter as counsel can be heard, the
undersigned will submit the foregoing motion for the approval
of the court.
Manila, Philippines. October 20, 2010
Lourena A. Bundac
Counsel for Defendant
Manila
Advance Legal Writing | Page | 470
Received by:
Counsel for Plaintiff
- versus -
Emilio Estevez,
Defendant.
x---------------------------x
MOTION FOR THE ISSUANCE OF AN
ALIAS WARRANT OF ARREST
The undersigned City Prosecutor of Manila respectfully
alleges that:
1. The undersigned City Prosecutor finds probable cause to
hold the accused for trial to answer for the crime for
which he is herein accused;
2. The herein accused is imminently leaving the territory
and jurisdiction of the Republic of the Philippines
heading to Republic X where the Philippines have no
diplomatic ties much more any extradition treaty;
3. The defendant therefore is viewed as a flight risk which
might jeopardize the proper course of the proceedings of
this course and ultimately thwart the ends of justice;
Advance Legal Writing | Page | 472
Marienell Fortuno
City Prosecutor
Notice of Hearing
Lourena A. Bundac
Counsel for Defendant
Manila
Greetings:
Please take notice that on Friday, October 30, 2010, at
the Manila Regional Trial Court Branch 001 at 9 oclock a.m.,
or as soon thereafter as counsel can be heard, the
undersigned will submit the foregoing motion for the approval
of the court.
Manila, Philippines. October 20, 2010.
MARIENELL FORTUNO
City Prosecutor
City of Manila
Received by:
Advance Legal Writing | Page | 473
WHEREFORE,
it
is
respectfully
prayed
that
this
LOURENA A. BUNDAC
Counsel for the Defendant
Roll:T78979
IBP O.R.676H75
PTR O.R.575798
MCLE:575887
Notice of Hearing
Marienell Fortuno
City Prosecutor
Manila
Greetings:
Please take notice that on Friday, October 30, 2010, at
the Manila Regional Trial Court Branch 001 at 9 oclock a.m.,
or as soon thereafter as counsel can be heard, the
undersigned will submit the foregoing motion for the approval
of the court.
Manila, Philippines. October 20, 2010
Lourena A. Bundac
Counsel for Accused
Manila
Received by:
TRIAL BRIEF
UNDERSIGNED Assistant City Prosecutor hereby
respectfully submits, for purposes of the trial hereon,
conformably with Rule 118 of the (2000) Revised Rules on
Criminal Procedure, and sub-paragraph number 1 of
paragraph B of the chapter on Pre-Trial of Administrative
Matter No. 03-1-09-SC, the following Manifestations, Proposals
for Stipulation of Facts and Issues, and Identification of
Evidence for the Prosecution, to wit:
THEORY OF THE PROSECUTION
The theory of the prosecution is premised on the
application of the provisions of the Republic Act 7877, on the
following circumstances, to wit:
That on or about the October 1, 2010, in the City of
Manila, Philippines, and within the jurisdiction of
Advance Legal Writing | Page | 478
I. DOCUMENTARY EVIDENCE:
EXHIBIT A --- A true and faithful machine
reproduction of the Police Report of the incident;
II. TESTIMONIAL EVIDENCE:
1. Juana Dela Cruz, the private offended party;
The prosecution hereby reserves the right to present
additional evidence as the need therefore may arise.
ISSUES
WHETHER OR NOT, on said date, time, and place, the
accused:
1. Performing the above-mentioned acts,
constitute violation of Republic Act No 7877 Anti
Sexual Harassment Act.
Manila, October 30, 2010.
Respectfully submitted:
ALFREDO DE OCAMPO
Assistant City Prosecutor
PRE-TRIAL BRIEF
UNDERSIGNED Assistant City Prosecutor hereby
respectfully submits, for purposes of the trial hereon,
conformably with Rule 118 of the (2000) Revised Rules on
Criminal Procedure, and sub-paragraph number 1 of
paragraph B of the chapter on Pre-Trial of Administrative
Matter No. 03-1-09-SC, the following Manifestations, Proposals
for Stipulation of Facts and Issues, and Identification of
Evidence for the Prosecution, to wit:
THEORY OF THE PROSECUTION
The theory of the prosecution is premised on the
application of the provisions of the Republic Act 7877, on the
following circumstances, to wit:
That on or about the October 1, 2010, in the City of
Manila, Philippines, and within the jurisdiction of
Advance Legal Writing | Page | 482
I. DOCUMENTARY EVIDENCE:
EXHIBIT A --- A true and faithful machine
reproduction of the Police Report of the incident;
II. TESTIMONIAL EVIDENCE:
2. Juana Dela Cruz, the private offended party;
The prosecution hereby reserves the right to present
additional evidence as the need therefore may arise.
ISSUES
WHETHER OR NOT, on said date, time, and place, the
accused:
1. Performing the above-mentioned acts,
constitute violation of Republic Act No 7877 Anti
Sexual Harassment Act.
Manila, October 30, 2010.
Respectfully submitted:
ALFREDO DE OCAMPO
Assistant City Prosecutor
- versus -
Emilio Estevez,
Defendant.
x---------------------------x
FORMAL OFFER OF EVIDENCE
UNDERSIGNED Assistant City Prosecutor respectfully
offers in evidence for the prosecution the following
documentary, physical, and testimonial evidence, to wit:
EXHIBIT A --- A true and faithful machine reproduction
of the police report of the incident.
THE TESTIMONIAL EVIDENCE consists of the testimonies
given by witness Juana Dela Cruz (private offended party).
Exhibit A with all its respective sub-markings, together
with the testimony of said witnesses, are offered for the
identical purpose of showing that on October 1, 2010, at San
Carlos University Athletics Offices in P. Campa, Manila,
Philippines, the accused performed acts complained of on the
person of the Plaintiff without the latters consent.
Respectfully submitted:
ALFREDO DE OCAMPO
Assistant City Prosecutor
Copy furnished:
Lourena A. Bundac
Counsel for the accused.
- versus -
Emilio Estevez,
Defendant.
x---------------------------x
PROFFER OF EVIDENCE
UNDERSIGNED Assistant City Prosecutor respectfully
offers in evidence for the prosecution the following
documentary, physical, and testimonial evidence, to wit:
EXHIBIT A --- A true and faithful machine reproduction
of the police report of the incident.
THE TESTIMONIAL EVIDENCE consists of the testimonies
given by witness Juana Dela Cruz (private offended party).
Exhibit A with all its respective sub-markings, together
with the testimony of said witnesses, are offered for the
identical purpose of showing that on October 1, 2010, at San
Carlos University Athletics Offices in P. Campa, Manila,
Philippines, the accused performed acts complained of on the
person of the Plaintiff without the latters consent.
Respectfully submitted:
ALFREDO DE OCAMPO
Assistant City Prosecutor
Copy furnished:
Lourena A. Bundac
Counsel for the accused.
PEDRA SANTOS
Affiant-Complainant
SUBSCRIBED AND SWORN to before me this 10th day of
October 2012, affiant exhibiting to me his Community Tax
Certificate No. 987654321 issued on October 10 2012, at the
City of Manila.
CERTIFICATION
Advance Legal Writing | Page | 490
ALFREDO DE OCAMPO
ASST. CITY PROSECUTOR
Security
Act
of
1997,
by
the
private-
complainant;
(2) However, I have faithfully remitted all the required
employees contribution to the SSS as evidenced by
official receipts I received from the SSS, attached
here as Annex 1;
(3) That, I do not know why the SSS has been rejecting
her repeated request for loan because of the said
reason;
(4) That, The private complainant was forced to file this
complaint because of reasons only known to her.
I am executing this counter-affidavit, to attest to the
truth of the foregoing and for whatever legal purpose it may
serve.
Advance Legal Writing | Page | 492
- versus -
Mark Reyes,
Respondent.
x----------------------------x
RESOLUTION
SUBMITTED for resolution is a complaint for violation
Republic Act No. 8282 allegedly committed during the October
1, 2012, at Manila, supported by the sworn statement of the
complainant and photocopies of the police report of the
incident.
In his sworn statement, the complainant alleges that the
respondent has not been remitting any of her contributions
with the SSS thus leading to her rejection for loan.
However, the respondents claim that, the filing of the
complaint is without legal basis since the there was no such
act and the complainant was merely asked to answer mere
ALFREDO DE OCAMPO
Assistant City Prosecutor
APPROVED:
MARIENELL FORTUNO
City Prosecutor
Defendant.
x-----------------------------------x
INFORMATION
The undersigned Assistant City Prosecutor of the City of
Manila, upon prior written authority of the City Prosecutor,
Marienell Fortuno, accuses MARK REYES of crime punishable
under Republic Act No. 8282, committed as follows:
That on or about the 1st day of October, 2012, in the City
of Manila, Philippines, and within the jurisdiction of this
Honorable Court, the said accused, actuated by lust, did then
and there willfully, unlawfully and feloniously commit violation
of Republic Act No. 8282 on the person of Pedra Santos, as her
Barber Shops sole proprietor, by requiring her to grab her
breast and allow him to touch and massage her back as a
requisite for her graduation clearance.
Advance Legal Writing | Page | 496
Contrary to law.
Manila, October 20, 2012.
ALFREDO DE OCAMPO
Assistant City Prosecutor
BAIL RECOMMENDED:
Php 50,000.
MARIENELL FORTUNO
City Prosecutor
PEDRA SANTOS
Affiant
SUBSCRIBED and SWORN, to before me in the City of
Manila, this 20th day of October 2012 by Pedra Santos with
Residence Certificate No. 0987654321 issued at Manila, on
September 17, 2012.
Defendant.
x-----------------------------------x
MOTION TO ALOW ACCUSED TO POST BAIL
COMES NOW accused MARK REYES, through the
undersigned counsel, and respectfully alleges:
1. That the defendant is in custody for the alleged
commission of the violation of Republic Act No. 8282;
2. That no bail has been recommended for his temporary
release, on the assumption that the evidence of guilt is
strong;
3. That the burden of showing that evidence of guilt is
strong is on the prosecution, and unless this fact is
satisfactorily shown, the defendant may be bailed at the
courts discretion.
Advance Legal Writing | Page | 500
LOURENA A. BUNDAC
Counsel for the Defendant
Roll: 225245
IBP O.R.8765
PTR O.R.34567
MCLE:987634
Notice of Hearing
Marienell Fortuno
City Prosecutor
Manila
Greetings:
Please take notice that on Friday, October 30, 2012, at
the Manila Regional Trial Court Branch 001 at 9 oclock a.m.,
or as soon thereafter as counsel can be heard, the
undersigned will submit the foregoing motion for the approval
of the court.
Manila, Philippines. October 20, 2012
LOURENA A. BUNDAC
Counsel for Defendant
Manila
Advance Legal Writing | Page | 501
Received by:
Counsel for Complainant
Defendant.
x-----------------------------------x
MOTION TO REDUCE BAIL
Accused
MARK
REYES,
through
the
undersigned
LOURENA A. BUNDAC
Counsel for Defendant
Manila
Received by:
Counsel for Complainant
Defendant.
x-----------------------------------x
MOTION TO RELEASE THE ACCUSED ON RECOGNIZANCE
COMES NOW accused MARK REYES and respectfully
alleges:
1. That the defendant is in custody for the alleged
commission of the offense of violation of Social Security
Act of 1997;
2. That being unable to post the required cash or bail bond,
hereby binds herself, pending final decision of the aboveentitled case, to appear before the court when so
ordered ;
prayed
that
the
defendant
be
released
on
recognizance.
October 30, 2012. Manila
MARK REYES
Accused
Notice of Hearing
Marienell Fortuno
City Prosecutor
Manila
Greetings:
Please take notice that on Friday, October 30, 2012, at
the Manila Regional Trial Court Branch 001 at 9 oclock a.m.,
or as soon thereafter as counsel can be heard, the
undersigned will submit the foregoing motion for the approval
of the court.
Manila, Philippines. October 20, 2012
LOURENA A. BUNDAC
Counsel for Defendant
Manila
Received by:
Advance Legal Writing | Page | 507
Defendant.
x-----------------------------------x
MOTION TO QUASH
Accused MARK REYES,
counsel, respectfully alleges:
through
the
undersigned
LOURENA A. BUNDAC
Counsel for the Defendant
Roll: 225245
IBP O.R.8765
PTR O.R.34567
MCLE:987634
Notice of Hearing
Marienell Fortuno
City Prosecutor
Manila
Greetings:
Please take notice that on Friday, October 30, 2012, at
the Manila Regional Trial Court Branch 001 at 9 oclock a.m.,
or as soon thereafter as counsel can be heard, the
undersigned will submit the foregoing motion for the approval
of the court.
Manila, Philippines. October 20, 2012
LOURENA A. BUNDAC
Counsel for Accused
Manila
Received by:
Counsel for Complainant
Defendant.
x-----------------------------------x
MOTION FOR THE JUDICIAL DETERMINATION OF
PROBABLE CAUSE AND TO HOLD IN ABEYANCE THE
ARRAIGNMENT OF THE ACCUSED
Accused
MARK
REYES,
through
the
undersigned
it
is
respectfully
prayed
that
this
LOURENA A. BUNDAC
Counsel for the Defendant
Roll: 225245
IBP O.R.8765
PTR O.R.34567
MCLE:987634
Notice of Hearing
Marienell Fortuno
City Prosecutor
Manila
Greetings:
Please take notice that on Friday, October 30, 2012, at
the Manila Regional Trial Court Branch 001 at 9 oclock a.m.,
or as soon thereafter as counsel can be heard, the
undersigned will submit the foregoing motion for the approval
of the court.
Manila, Philippines. October 20, 2012
LOURENA A. BUNDAC
Counsel for Accused
Manila
Received by:
Counsel for Complainant
Defendant.
x-----------------------------------x
MOTION FOR THE ISSUANCE OF AN
ALIAS WARRANT OF ARREST
The undersigned City Prosecutor of Manila respectfully
alleges that:
1. The undersigned City Prosecutor finds probable cause to
hold the accused for trial to answer for the crime for
which he is herein accused;
2. The herein accused is imminently leaving the territory
and jurisdiction of the Republic of the Philippines
heading to Republic X where the Philippines have no
diplomatic ties much more any extradition treaty;
Marienell Fortuno
City Prosecutor
Notice of Hearing
LOURENA A. BUNDAC
Manila
Counsel for Defendant
Greetings:
Please take notice that on Friday, October 30, 2012, at
the Manila Regional Trial Court Branch 001 at 9 oclock a.m.,
or as soon thereafter as counsel can be heard, the
undersigned will submit the foregoing motion for the approval
of the court.
Manila, Philippines. October 20, 2012.
MARIENELL FORTUNO
City Prosecutor
City of Manila
Received by:
____________________
Counsel for Defendant
Defendant.
x-----------------------------------x
MOTION FOR DEMURRER TO
EVIDENCE WITH LEAVE OF COURT
Accused
MARK
REYES,
through
the
undersigned
WHEREFORE,
it
is
respectfully
prayed
that
this
LOURENA A. BUNDAC
Counsel for the Defendant
Roll: 225245
IBP O.R.8765
PTR O.R.34567
MCLE:987634
Notice of Hearing
Marienell Fortuno
City Prosecutor
Manila
Greetings:
Please take notice that on Friday, October 30, 2012, at
the Manila Regional Trial Court Branch 001 at 9 oclock a.m.,
or as soon thereafter as counsel can be heard, the
undersigned will submit the foregoing motion for the approval
of the court.
Manila, Philippines. October 20, 2012
LOURENA A. BUNDAC
Counsel for Accused
Advance Legal Writing | Page | 518
Manila
Received by:
Counsel for Complainant
Defendant.
x-----------------------------------x
PRE-TRIAL BRIEF
UNDERSIGNED
Assistant
City
Prosecutor
hereby
Procedure,
and
sub-paragraph
number
of
LOURENA A. BUNDAC
Counsel for the accused, Manila.
Defendant.
x-----------------------------------x
FORMAL OFFER OF EVIDENCE
UNDERSIGNED Assistant City Prosecutor respectfully
offers in evidence for the prosecution the following
documentary, physical, and testimonial evidence, to wit:
EXHIBIT A --- Ms. Kilays payslips with SSS
deductions;
EXHIBIT B --- Denial of SSS of loan
EXHIBIT C --- Payslips of other employees
EXHIBIT D --- Letter of demand to Mr.
Bongolan
THE TESTIMONIAL EVIDENCE consists of the testimonies
given by witness Pedra Santos (private offended party).
Advance Legal Writing | Page | 524
Respectfully submitted:
MARIENELL FORTUNO
Assistant City Prosecutor
Copy furnished:
LOURENA A. BUNDAC,
Counsel for the accused.
of
No.
69
Reposo
Street,
Makati
City,
Philippines;
2. That sometime on the night of September 10, 2012,
at Starbucks Blue Wave D. Macapagal
Blvd., Pasay
CERTIFICATION
This is to certify that I have personally examined the
affiant and I am satisfied that he understood this complaintaffidavit and that he voluntarily executed the same.
ALFREDO DE OCAMPO
ASST. CITY PROSECUTOR
Mary Santos
Respondent-Affiant
SUBSCRIBED and SWORN, to before me in the City of
Makati, this 30th day of October 2012 by Mary Santos with
Residence Certificate No. 00123457 issued at Makati City, on
October 30, 2012.
Atty. Mon Del Rosario
Notary Public
Until December 31, 2012
Doc No. __________;
Page No. _________;
Book No. _________;
Series of 2012.
Copy Furnished:
Juanita Dela Cruz
(Private-Complainant)
250 Gil Puyat Extention, Pasay City, Philippines
RESOLUTION
SUBMITTED for resolution is a complaint for violation of
Sec. 4 Republic Act No. 8049 allegedly committed during the
September 15, 2012, at Makati City, supported by the sworn
statement of the complainant and photocopies of the police
report of the incident.
In his sworn statement, the complainant alleges that,
during the afore-stated period of time and place, the
respondent alone forced her to perform oral sex on 4 men as
part of her service for membership to her sorority I.M.Boring
Sorority and refused to let her go when she changed her mind
in refusing to go through with the initiation.
about
her
background
and
that
there
was
ALFREDO DE OCAMPO
Assistant City Prosecutor
APPROVED:
MARIENELL FORTUNO
City Prosecutor
INFORMATION
The undersigned Assistant City Prosecutor of the City of
Makati, upon prior written authority of the City Prosecutor ,
Alfredo De Ocampo, accuses MARY SANTOS of violation of
Republic Act 8049 committed as follows:
That on or about the 10th day of September, 2012, in the
City of Makati, Philippines, and within the jurisdiction of this
Honorable Court, the said accused did then and there willfully,
unlawfully and feloniously commit acts punishable under
Republic Act 8049, Section 4.
1) By ordering her perform oral sex on 4 members of
the maintenance crew of Ms. Mary Santos
Advance Legal Writing | Page | 533
ALFREDO DE OCAMPO
Assistant City Prosecutor
BAIL RECOMMENDED:
Php 50,000.
ALFREDO DE OCAMPO
Assistant City Prosecutor
LOURENA A. BUNDAC
Counsel for the Defendant
Roll: 12353343
IBP O.R.123413
PTR O.R.12313
MCLE:121313
Notice of Hearing
Marienell Fortuno
City Prosecutor
Makati City
Greetings:
Please take notice that on Friday, October 30, 2012, at
the Makati City Regional Trial Court Branch 07 at 9 oclock
a.m., or as soon thereafter as counsel can be heard, the
undersigned will submit the foregoing motion for the approval
of the court.
Makati, Philippines. October 20, 2012
LOURENA A. BUNDAC
Counsel for Defendant
Advance Legal Writing | Page | 538
Makati City
Received by:
Lourena A. Bundac
Counsel for Complainant
MARY
SANTOS,
through
the
undersigned
LOURENA A. BUNDAC
Counsel for the Defendant
Roll: 12353343
IBP O.R.123413
PTR O.R.12313
MCLE:121313
Notice of Hearing
Marienell Fortuno
City Prosecutor
Makati City
Greetings:
Please take notice that on Friday, October 30, 2012, at
the Makati City Regional Trial Court Branch 07 at 9 oclock
a.m., or as soon thereafter as counsel can be heard, the
undersigned will submit the foregoing motion for the approval
of the court.
Makati, Philippines. October 20, 2012
LOURENA A. BUNDAC
Counsel for Defendant
Makati City
Received by:
Lourena A. Bundac
Counsel for Complainant
Advance Legal Writing | Page | 541
prayed
that
the
defendant
be
released
on
recognizance.
October 30, 2012. Makati City
MARY SANTOS
Accused
Notice of Hearing
Marienell Fortuno
City Prosecutor
Makati City
Greetings:
Please take notice that on Friday, October 30, 2012, at
the Makati City Regional Trial Court Branch 07 at 9 oclock
a.m., or as soon thereafter as counsel can be heard, the
undersigned will submit the foregoing motion for the approval
of the court.
Makati, Philippines. October 20, 2012
LOURENA A. BUNDAC
Counsel for Defendant
Makati City
Received by:
Counsel for Complainant
Advance Legal Writing | Page | 544
Defendant.
x---------------------------------x
MOTION TO QUASH
Accused
MARY
SANTOS,
through
the
undersigned
LOURENA A. BUNDAC
Counsel for the Defendant
Roll: 12353343
IBP O.R.123413
PTR O.R.12313
MCLE:121313
Notice of Hearing
Marienell Fortuno
City Prosecutor
Makati City
Greetings:
Please take notice that on Friday, October 30, 2012, at
the Makati City Regional Trial Court Branch 07 at 9 oclock
a.m., or as soon thereafter as counsel can be heard, the
undersigned will submit the foregoing motion for the approval
of the court.
Makati, Philippines. October 20, 2012
LOURENA A. BUNDAC
Counsel for Defendant
Makati City
Received by:
Advance Legal Writing | Page | 547
Lourena A. Bundac
Counsel for Complainant
MARY
SANTOS,
through
the
undersigned
it
is
respectfully
prayed
that
this
LOURENA A. BUNDAC
Counsel for the Defendant
Roll: 12353343
IBP O.R.123413
PTR O.R.12313
MCLE:121313
Notice of Hearing
Marienell Fortuno
City Prosecutor
Makati City
Greetings:
Please take notice that on Friday, October 30, 2012, at
the Makati City Regional Trial Court Branch 07 at 9 oclock
a.m., or as soon thereafter as counsel can be heard, the
undersigned will submit the foregoing motion for the approval
of the court.
Makati, Philippines. October 20, 2012
Advance Legal Writing | Page | 550
LOURENA A. BUNDAC
Counsel for Accused
Makati City
Received by:
Counsel for Complainant
NOTICE OF HEARING
LOURENA A. BUNDAC
Makati City
Counsel for Defendant
Greetings:
Please take notice that on Friday, November 05, 2012, at
the Makati City Regional Trial Court Branch 07 at 9 oclock
a.m., or as soon thereafter as counsel can be heard, the
undersigned will submit the foregoing motion for the approval
of the court.
Makati, Philippines. November 05, 2012
Alfredo De Ocampo
Advance Legal Writing | Page | 553
City Prosecutor
Makati City
Received by:
LOURENA A. BUNDAC
Counsel for Defendant
WHEREFORE,
it
is
respectfully
prayed
that
this
LOURENA A. BUNDAC
Counsel for the Defendant
Roll: 098765
IBP O.R.3456789
PTR O.R.368096345
MCLE:4545674879
:
Notice of Hearing
Marienell Fortuno
City Prosecutor
Makati City
Greetings:
Please take notice that on Friday, October 30, 2012, at
the Makati City Regional Trial Court Branch 07 at 9 oclock
a.m., or as soon thereafter as counsel can be heard, the
undersigned will submit the foregoing motion for the approval
of the court.
Makati, Philippines. October 20, 2012
LOURENA A. BUNDAC
Counsel for Accused
Makati City
Received by:
Advance Legal Writing | Page | 556
Lourena A. Bundac
Counsel for Complainant
Defendant.
x---------------------------------x
PRE-TRIAL BRIEF
UNDERSIGNED
Assistant
City
Prosecutor
hereby
Procedure,
and
sub-paragraph
number
of
Respectfully submitted:
ALFREDO DE OCAMPO
Assistant City Prosecutor
Copy furnished by personal delivery:
LOURENA A. BUNDAC
Counsel for the accused,
Makati City
- versus -
Mary Santos,
Advance Legal Writing | Page | 561
Defendant.
x---------------------------------x
FORMAL OFFER OF EVIDENCE
UNDERSIGNED Assistant City Prosecutor respectfully
offers in evidence for the prosecution the following
documentary, physical, and testimonial evidence, to wit:
EXHIBIT A ---
machine
ALFREDO DE OCAMPO
Assistant City Prosecutor
Copy furnished:
Advance Legal Writing | Page | 562
LOURENA A. BUNDAC,
Counsel for the Accused.