sample forms.docx

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REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE

OFFICE OF THE CITY PROSECUTOR

DAVAO CITY

MIA CULPA

Complainant

-VERSUS- I.S. NO. _________ FOR: Rape

PEDRO C. CARGORespondent

x-----------------------------------------------------------------------------------------x

COUNTER-AFFIDAVIT

I, Pedro C. Cargo, of legal age, Filipino citizen and a resident of SanMiguel, Dumanlas, Davao City, after having been sworn to in

accordance with lawhereby depose and state that:

1.I am the accused in Criminal Case No. ______ for the crime of RAPE underArticle 266-A of the Revised Penal Code;

2. I am employed as a packer at the Asparagus Packing Plant of the Marsman Drysdale Agriventures Corporation at Polomolok, South

Cotabato since November 3,2009;

3.I admit the allegations in Paragraph 2 of the Complainants Affidavit-Complaint;

4.I deny the allegations in Paragraph 4 for lack of knowledge as to the truth of the said allegations, the truth being that:

a.On the morning of March 3, 2010, I was at the place of my work in Polomolok, South Cotabato where I earn P180. daily;

b.That at about eight (8) oclock in the evening of March 3, 2010, I received a call from my brother informing me that the co mplainant has

filed charges against me for the crime of rape under Art. 266-A of the Revised Penal Code;c.That I am the eldest in the brood of five and is the sole breadwinner ofthe family after both of my parents died in a vehicular accident in

April 2009;

d.That in order to save on expenses and increase the amount I send to my siblings for their schooling, I seldom go home at our residence

in San Miguel, Dumanlas, Davao City but instead stay at the company-provided residence quarters during the duration of my duty ;

e.That the last time I went home was on December 24, 2009 in time for theChristmas break to spend time with my family and that I

immediately went back to Polomolok the next day in order to avail of the premium pay for overtime work;

f.That I know the complainant as residing in the same barangay where our residence is located but have not maintained any close

relationship with her or her family;

g.That it is physically impossible for me to commit the crime charged because I had been in Polomolok, South Cotabato since December

25, 2009 as I am after the renewal of my employment contract should I satisfactorily complete the work demands of the five-month probationary

period since the start of my employmenton November 3, 2009;h.That I have never been to the complainants house moreso at seven (7) oclockthe

morning of March 3, 2010;

5. The allegations stated in the Affidavit-Complaint are mere malicious fabrications by the complainant which may have been spurred by

the bitter enmity harbored by members of her family arising from a property dispute that involved both our families, which case had already beendecided in finality by the Supreme Courtto our favor, and as a result of which the members of the complainants family havere peatedly hurled

verbal threats against me and my siblings that they would get back at us in whatever way possible.

6.I am executing this Counter-Affidavit for the purpose of attesting to the truth of the foregoing statements, to inform the proper

authorities of the above facts, to support my prayer for the dropping or dismissal of the instant caseagainst me and for whatever purpose this may

serve best.

IN WITNESS WHEREOF, I have hereunto set my hand this 8th day of March, 2010 at Davao City, Philippines.PEDRO C.

CARGOAffiantSUBSCRIBED AND SWORN TO before me this 8th day of March, 2010 in Davao City, Philippines.

ROXAN G. APOSTOL

Prosecutor I

CERTIFICATION

This is to certify that I have personally examined the herein affiant and that I am satisfied that he voluntarily executed and understood hisstatements in this Counter Affidavit.

ROXAN G. APOSTOL

Prosecutor I


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Republic of the Philippines

Sixth Judicial Region

REGIONAL TRIAL COURT

Branch___Iloilo City

PEOPLE OF THE PHILIPPINES, CRIMINAL CASE NO._______

Plaintiff, FOR: MURDER

- versus -

GABRIEL SALAS, ALFREDO GOLEZ,AND GREG FAJARDO,

Accused.

x-----------------------------------------------x

PRE-TRIAL BRIEF OF THE ACCUSED

ACCUSED, through the undersigned counsel, before this Honorable Court,most respectfully submit this Pre-Trial Brief:

SUMMARY OF ADMITTED FACTS AND PROPOSED STIPULATION OF FACTS

The accused admit the following:

1. the identities of those charged in the information and that of thepersons arraigned are one and the same;

2. the identity of Sulpicio Treyes, the victim;

3. the killing of the victim;

4. the date, place and time of the killing, which was May 5, 2008 at about1:30 in the morning and at Corner Valeria-De Leon Sts., Iloilo City.

EVIDENCE FOR MARKINGS

1. Affidavit of accused, Gabriel Salas

Purpose: to prove that he admits the killing of the victim but the same was donein self-defense;

2. Affidavits of accused, Greg Fajardo and Alfredo Golez

Purpose: to prove that they were at the place where the crime was committed but have no participation thereof;

3. Medical Report issued by Dra. Cielo F. Eltonn, M.D. to Gabriel Salas

Purpose: to prove that the accused sustained several wounds as a result of the aggression by the victim;

4. Blotter Report of Molo Police Station (ICP-PP4)

Purpose: to prove that the accused Gabriel Salas voluntarily surrendered to thePolice authorities.

I S S U E S

1.Whether or not the accused committed the crime charged;

2.Whether or not they were guilty thereof.

W I T N E S S E S

1. Accused Gabriel Salas to testify on the matters and circumstancesattending the killing of the victim;

2. Accused Alfredo Golez and Greg Fajardo to testify on their non-participation on the killing;

3. Witness Jason Pilas-Pilas to testify on the exchange of words and blowsbetween the accused Gabriel Salas and the deceased which resulted to

thedeath of the victim;

4. Dra. Cielo F. Eltonn, M.D. to testify on the veracity of the findingsstated in the medical report of Gabriel Salas.

T RIAL DATES

Specifically all Fridays of the month, with the regular appearance of theundersigned counsels before this Honorable Court.

RESPECTFULLY SUBMITTED. Iloilo City, Iloilo, Philippines, June 2, 2008

GALLEGO-SABIDO LAW OFFICES

Arguelles St., Jaro, Iloilo CityBy:

RHONALYN C. GALLEGO

Counsel for the Defense

Roll No. 68999 / 5-2-07

IBP. No. 789084 / 12-29-07

MCLE Compliance No. 890590 / 12-20-0

7PTR No. 345667 / 01-05-08

And

EVANGELINE S. SABIDO


Roll No. 69009 / 5-2-07

IBP. No. 789085 / 12-29-07

MCLE Compliance No. 890591 / 12-20-07

PTR no. 345668 / 01-05-08Copy furnished:

PROS. SHYR PHOEBE F. REGUETA

Assistant City Prosecutor

Ramon Q. Avancea Hall of Justice

Bonifacio Drive, Iloilo City

Received by:___________Date: ___________


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Republic of the Philippines

Sixth Judicial Region

REGIONAL TRIAL COURT

Branch___Iloilo City

PEOPLE OF THE PHILIPPINES, CRIMINAL CASE NO._______

Plaintiff, FOR:ROBBERY WITH HOMICIDE- 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 whilethe 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 gunshot from 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 accused6. 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 natur , 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

I S S U E S

1.Whether or not the accused committed the crime charged;2.Whether or not they were guilty thereof.

W I T N E S S E S

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 theballistics 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.

T RIAL DATES

Specifically all Fridays of the month, with the regular appearance of theundersigned 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


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By:

JOHN FRED C. HALLARES

Assistant City ProsecutorRoll No. 67890 / 5-2-07

IBP. No. 667899 / 12-29-07

MCLE Exempt

PTR Exempt

And

JASIE ANN MAGHOPOY

Assistant City ProsecutorRoll No. 67891 / 5-2-07IBP No. 667900 / 12-29-07

MCLE Exempt

PTR Exempt

Copy furnished:

ATTY. KENETH P. TUPAS


Room 200, New Valentine Bldg.

Central Philippine University

Lopez Jaena St., Jaro, Iloilo City

Received by:___________Date: ___________

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