Republic of the Philippines

Sixth Judicial Region

REGIONAL TRIAL COURT
Branch 53 - Bacolod City
-oOoPEOPLE OF THE PHILIPPINES,
Plaintiff,
CRIMINAL CASE NO. 15-40682,
FOR: Robbery with Homicide
(Art. 294, par. 1 of the RPC)
- versus
RICARDO EWAYAN MAHINAY
alias Badong
Accused.
x------------------------------------------x

PRE-TRIAL BRIEF
ACCUSED, through the undersigned counsel, before this Honorable
Court, most respectfully submits this Pre-Trial Brief to wit:
SUMMARY OF ADMITTED FACTS AND
PROPOSED STIPULATION OF FACTS
The accused admits to the following facts:
1. The identity of the
one charged in the information and that of the
person arraigned is one and the same;
2. The identity of Sharon Mae Condes, the victim;
3. That he transported the victim to the internet shop at Brgy. Villamonte
on the night of the offense;
4. That the blue Oppo cellular phone was left in the tricycle which the
victim rode in;
5. That police officers came to Himamaylan and picked him up;
6. That the accused was the one who pointed to the police the location
of the victims body;

The accused proposes the following facts:

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1. Two girls flagged down the accused who dropped them off in
Barangay Villamonte, one in an internet shop and the other in a
residential home two blocks away;
2. The accused received a phone call from his cousin informing him that
his mother and three of his relatives met an accident during their
return to Himamaylan and that his mother and cousin were rushed to
Lorenzo D. Zayco District Hospital in Kabankalan City in a critical
state;
3. Accused immediately proceeded to the house of Arthur Albanez to
return the tricycle and the latter found a mobile phone in the passenger
seat. Arthur gave the same to the accused upon offering him a ride to
the bus terminal;
4. From May 11-13, 2015 the accused was in Himamaylan taking care of
his mother;
5. On May 14, 2015, police officers came to the house of the accused in
Himamaylan, forcibly taking him away and torturing him in an
uninhabited place;
6. Accused under duress was forced by the police officers to point out to
the police in Bacolod City the location of a corpse of a woman who
has been missing and admit that the Accused is responsible for such
crime.
EVIDENCE FOR MARKING
1. Affidavit of accused: Rodel Tamayo
Purpose: to prove that he did not kill the victim because of Physical
Impossibility
2. Affidavit of Sharons friend: Katrina Z. Tan
Purpose: to prove that the victim rode the tricycle with her and was
the first person to be offloaded from the tricycle in the internet shop
3. Affidavit of the owner of the tricycle: Arthur Albanez
Purpose: to prove that the tricycle was deposited in his home at
around 11:15 P.M.
4. The CCTV footage of the home of Arthur Albanez
Purpose: to verify that the accused returned the tricycle in Arthurs
home.
5. Medical Certificate of the Imelda Mahinay (mother of the accused)
Purpose: to support the defense that the accused had valid reason to
go home especially during that hour.
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6. The CCTV footage of the internet shop

Purpose: to verify that the victim was indeed at the computer shop.
7. Ceres Bus Ticket No. 882373 going to Kabankalan City
Purpose: to substantiate the defense of the accused of Physical
impossibility
8. The CCTV footage of the Lorenzo Zayco District Hospital
Purpose: to verify that the victim was indeed at the hospital at 1AM
in the morning.
9. Affidavit of hospital nurse: Isabel Heccate W. Veltets
Purpose: to prove that the accused was in the Lorenzo Zayco District
Hospital at 1AM in the morning
10. Affidavit of cousin of the accused: Rodolpo Tamayo
Purpose: to prove that the accused was forcibly taken away by police
officers from their home in Himamaylan.
I S S U E S:
I. Whether or not the accused committed the crime charged;
II. Whether or not he was guilty thereof.

WITNESSES:
1. The accused Rodel Banal to testify regarding his whereabouts during and
after the crime and the underlying circumstances that force him to admit
to the crime he did not commit;
2. Arthur Albanez, the registered owner of the tricycle to which the accused
is renting the tricycle;
3. The staff Nurse Isabel Veltets of the Lorenzo D. Zayco District Hospital
who was on duty at that time and also, she was the one who attended to
the care of the mother and relatives of the accused during the recuperation
in the said hospital;
4. Katrina Z. Tan, to attest that Sharon Mae Castillo was dropped off in the
internet shop.
5. Rodolpo O. Tamayo, to prove that the accused was forcibly taken away by
police officers from their home in Himamaylan.

MOST RESPECTFULLY SUBMITTED this July 14, 2015 in

Bacolod City, Negros Occidental, Philippines.

ARANETA, CABALLERO, DAGUMAN AND DELEON

LAW OFFICE
123 Lacson Street, Bacolod City
By:
Tomas Araneta
Counsel for the Defense
Roll No. 68999 / 5-2-07
IBP. No. 789084 / 12-29-07
MCLE Compliance No. 890590 / 12-20-07
PTR No. 345667 / 01-05-08