x---------------------------------------------x Criminal Case No. 38,390 FOR: RAPE
PRE-TRIAL BRIEF OF THE ACCUSED
ACCUSED, through the undersigned counsel, before this Honorable Court, respectfully submits this Pre-Trial Brief:
A. SUMMARY OF ADMITTED FACTS, AND PROPOSED STIPULATION OF FACTS
The accused admits the following:
1. That the Honorable Court has jurisdiction over the case;
2. That the identity of the one charged in the information and that of the person arraigned is one and the same;
3. That I am the defendant in the case;
4. The identity of the offended party, Yasmeen Junaid;
5. That Yasmeen Junaid is my girlfriend;
6. That Yasmeen Junaid consented to the intimate acts that happened during the incident;
7. That Yasmeen Junaid suggested that I marry her via text message, after the incident;
8. That the incident took place on March 17, 2014 at around 6:30 in the evening at Escao beach, Dumaguete City.
B. ISSUE TO BE TRIED
Whether or not the accused is guilty of the crime charged.
C. EVIDENCE FOR MARKINGS
1. Affidavit of accused, Valz Demreeve P. SalmaExhibit F a sworn written statement to prove that the acts of the accused did not constitute the crime of rape;
2. Affidavit of witness, Andrea BocelliExhibit G a sworn written statement to prove the relationship between the offended party and the defendant;
3. Electronic evidence of several text messages exchanged between the offended party and the defendant before and after the incidentExhibit H produced in print which contains the conversation between the offended party and the accused, and offended partys suggestion of marriage after the incident.
D. NAME OF WITNESSES
1. Accused Valz Demreeve P.Salmahe will testify on his own behalf to prove his innocence;
2. Andrea Bocellishe is a friend of the accused and the offended party and he will testify on behalf of the accused.
E. TRIAL DATES
Specifically all Fridays of the month, with the regular appearance of theundersigned counsels before this Honorable Court.
RESPECTFULLY SUBMITTED. April 20, 2014, Dumaguete City, Philippines.
BENIGAY LAW OFFICE San Pedro Extension, Dumaguete City