Republic of the Philippines

REGIONAL TRIAL COURT OF BOHOL

7th Judicial Region
Branch I
City of Tagbilaran

PEOPLE OF THE PHILIPPINES

Complainant,
Criminal Case No. 12345
For: MUTILATION

MS. ELLENA MIAG-AO Y ADARNA

Accused.
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PRE-TRIAL BRIEF

THE DEFENSE, through the undersigned Counsel, most respectfully

submits this Pre-trial Brief and states the following:

A. SUMMARY OF ADMITTED FACTS AND PROPOSED STIPULATION OF

FACTS

1. That the Expert Witness, DR. MJ P. NALUPA, is of legal age, and a

medical doctor specializing psychiatry for 20 years;

2. That the contents of the duly submitted Psychiatric Report are true and
correct;

3. That the witness, Dr. JEM MANUEL MADANGUIT, is of legal age, a

medical doctor and Bohol currently working as the Medical Health
Officer at Health Center of Tagbilaran City;

4. That the Medical Report duly executed by Dr. Madanguit is true and
correct;

5. That only the first year of their marriage was harmonious;

6. That the accused acted in self-defense and suffering from Battered

Wife Syndrome;
 7. That the alleged act of mutilation was not caused purposely and
deliberately;

8. That the complainant have fallen asleep during the act of mutilation
and did not see the actual act of mutilation;

9. That there was marital rape preceding the act of cutting of the penis of
the husband;

10. That on January 2017, the accused suffered a miscarriage.

11. That the accused is two months pregnant at the time of the
commission of the crime charged.

B. ISSUES TO BE TRIED

1. Whether or not complainant has physically and sexually abused the

accused?

2. Whether or not the accused is suffering from Battered Woman

Syndrome at the commission of the crime charged?

C. APPLICABLE LAWS AND JURISPRUDENCE

1. Act No. 3815 known as the Revised Penal Code

2. RA 9262: Anti-Violence Against Women and Their Children Act

3. Revised Rules of Evidence

4. Jurisprudence laid down by the Supreme Court on RAPE

The DEFENSE respectfully reserves the right to cite applicable laws and
jurisprudence as the case progresses.

D. DOCUMENTS TO BE PRESENTED

1. Affidavit of the Accused-----------------------------Exhibit 1

(This is a sworn statement of Ellena Adarna Miag-ao to prove the facts of
the physical and sexual abuses she suffered from her husband).
 2. Affidavit of the Witness, DR. MJ P. Nalupa-------------Exhibit 2
(This is a sworn statement of DR. MJ P. Nalupa to prove the defense of the
accused that she is suffering from Battered Woman Syndrome during the
commission of the crime charged).

3. Affidavit of the Witness Dr. Jem Manuel Madanguit--------Exhibit 3

(This is a sworn statement of DR. Jem Manuel Madaguit to prove the fact that
the Accused was physically and sexually abused by the complainant).

4. Medical Certificate--------------------------------Exhibit 4
(This medical certificate is issued by Dr. Madanguit after conducting a
medical examination of the Accused. This medical certificate shows that Ellena
Adarna Miag-ao has been abused physically and sexually by the victim).

E. NAMES OF WITNESSES

1. Ellena Adarna Miag-ao her testimony will provide for the facts of the
physical and sexual abuse she suffered from her husband. She will detail to
the court what really transpired on July 03 and 04, 2017.

2. Dr. MJ P. Nalupa- her expert testimony will prove the defense of the accused
that she is suffering from Battered Woman Syndrome during the commission
of the crime charged.

3. Dr. Jem Manuel Madanguit he will identify to the court the medical
certificate submitted by the complainant.

Defense respectfully reserves witnesses for a good cause shown as the case
progresses.
 F. AVAILABLE TRIAL DATES

Specifically Wednesdays and Thursdays of the month, with the

regular appearance of the undersigned Counsels before this Honorable Court.

RESPECTFULLY SUBMITTED. September 28, 2017, Tagbilaran City,

Philippines.

GROUP II LAW FIRM

Holy Name University
Tagbilaran City

By:

ATTY. ARIEL J. RAMIREZ

Counsel
Roll of Attorneys No. 62042
IBP No. 976893/ Tagbilaran City/January 2, 2014

Copy furnished:
Pros. Jess Archee Real R.R. No. __________
Prosecutor Date: _____________