Republic of the Philippines

REGIONAL TRIAL COURT

Branch 40
Cagayan de Oro City

PEOPLE OF THE PHILIPPINES, CIVIL

CASE NO. 23456
Plaintiff, FOR:
RECKLESS IMPRUDENCE
- versus -

TITO CRUZ AND VIC CRUZ,

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

PRE-TRIAL BRIEF OF THE PROSECUTION

THE PEOPLE OF THE PHILIPPINES,

through the undersigned City Prosecutor,
before this Honorable Court, most respectfully
submit this Pre-Trial Brief:
SUMMARY OF ADMITTED FACTS
AND PROPOSED STIPULATION OF FACTS
The following are the admitted facts:
1. the identities of those charged in the
information and that of the persons arraigned
are one and the same;
2. the identity of Joey Cruz, the victim;
3. the killing of the victim;
4. the date and places of the
commission of the crime.
EVIDENCE FOR MARKINGS
1. Affidavit of the cashier Geraldine
Demetri
Purpose: to prove that she was on-duty when
the robbery took place and that one of the
accused pointed a gun at her, who eventually
declared hold-up while the other emptied the
cash registers and took some grocery stuffs;
2. Affidavit of customer Bea Robles
Purpose: to prove that she was one of the
customers at the time the robbery took place
and that she saw and identified the accused
by their faces;
3. Affidavit of customer Paris Michaels
Purpose: to corroborate the testimonies of
Geraldine Demetri and Bea Robles;
3. Autopsy Report of Joey Cruz issued
by Iloilo Mission Hospital
Purpose: to prove the extent of the injury and
the cause of death of the victim;
4. Blotter Report of Jaro Police Station
(ICP-PP3)
Purpose: to prove that the police authority
received a report that a robbery took place at
Iloilo Supermart, located at Tabuk Suba, Jaro,
Iloilo City.
5. Affidavit of Romeo V. Benamarca
Purpose: To prove that he personally heard a
gun shot from an abandoned rice mill and
actually saw the accused holding a gun and
the dead body of the deceased which
subsequently followed the arrest of the
accused.
6. Paraffin test result
Purpose: To prove that accused became
positive of gun powder burns.
7. Anatomical Sketch
Purpose: To prove which part of the victims
body was shot and the nature, extent and
location of wound.
8. Ballistics Test result
Purpose: To prove that the slug recovered
from the victims body came from the same
gun which was recovered from the possession
of Tito Cruz.
9. Fired Shell
10. Three live ammunitions
11. .45 caliber pistol
ISSUES
1 Whether or not the accused committed the crime
charged;
2 Whether or not they were guilty thereof.
WITNESSES
1. Geraldine Demetri to testify that a
robbery took place;
2. Bea Robles to testify that she was
one of the customers of the Iloilo Supermart at
the time the robbery took place;
3. Paris Michaels to testify that she was
one of the customers of Iloilo Supemart at the
time the robbery took place.
4. Romeo V. Benamarca to testify that
he was the police officer who went to the
scene of the crime and arrested the accused.
5. Dra. Isabel Cenon to testify that she
conducted the post mortem examination of
Joey Cruz and to attest to the veracity of her
findings in the autopsy report.
6. Police Senior Inspector Anthony Villar
to testify that he conducted the ballistics
examination and to attest to the veracity of his
findings in the said report.
7. Chemist Dionisia Paqui to testify that
she conducted a paraffin test to the accused
and to attest to the veracity of her findings in
the said report.
TRIAL DATES
Specifically all Fridays of the month,
with the regular appearance of the
undersigned city prosecutors before this
Honorable Court.
RESPECTFULLY SUBMITTED.
Iloilo City, Iloilo, Philippines, July 4,
2008.

ILOILO CITY
PROSECUTORS OFFICE
Ramon Q.
Avancea Hall of Justice
 Bonifacio
Drive,Iloilo City

By:

JOHN FRED
C. HALLARES
Assistant City
Prosecutor
Roll No.
67890 / 5-2-07
IBP. No.
667899 / 12-29-07
MCLE
Exempt
PTR Exempt

And

JASIE ANN
MAGHOPOY
Assistant City
Prosecutor
Roll No.
67891 / 5-2-07
IBP No.
667900 / 12-29-07
MCLE
Exempt
PTR Exempt
Copy furnished:

ATTY. KENETH P. TUPAS

Counsel for the Defense
Room 200, New Valentine Bldg.
Central Philippine University
Lopez Jaena St., Jaro, Iloilo City
Received by:___________
Date: ___________