REPUBLIC OF THE PHIPIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION
BRANCH 121, MAKATI CITY

PEOPLE OF THE PHILIPPINES,

- versus -
Crim Case No. 12345678-CR
PO3 ADAM EBANES, PO1 For: Murder with aggravating
CARLO CRUZ AND PO1 circumstances
MARTIN SANTOS,
Respondents
x-------------------------------------x

PRE – TRIAL BRIEF

(for the Private Complainant)

PRIVATE COMPLAINANT, through the undersigned private

prosecutor, unto this Honorable Court, most respectfully submit this
Pre-Trial Brief, to wit:

I. PARTIES

Private complainant, RIA A. OLA, is of legal age, Filipino,

married, and presently residing at #456 Umbel St. Brgy. 123, Pembo,
Makati City, where she may be served with summons, notices,
orders, decisions, and other legal processes of this Honorable Court;

The private complainant may also be served with notices,

orders, decisions and other processes of this Honorable Court
through the undersigned counsel with office address at 2nd Floor, 109
L.P. Leviste St., Salcedo Village, Makati City;
 Respondents, PO3 ADAM EBANES, PO1 CARLO CRUZ AND
PO1 MARTIN SANTOS, all of legal age, Filipino, and with office
address at station command at 1 Binay St., Barangay 123, Pembo,
Makati where they may be served with summons, notices, orders,
decisions, and other legal processes of this Honorable Court;

II. POSSIBILITY OF AMICABLE SETTLEMENT BETWEEN

THE PARTIES

Private complainant is very much amenable to an amicable

settlement of the instant case, provided that the terms and conditions
of such settlement shall be mutually acceptable and reasonable.
Foremost of which is the express written apology to be published to
the public by the accused in addition to damages for the death of our
son in the amount of at least One Million Pesos.

III. BRIEF STATEMENT OF THE CASE

The complaint for Murder with aggravating circumstances filed

against the respondents, armed with guns, during night time, with
treachery, with intent to kill, did then and there willfully, unlawfully
and feloniously fired their gun towards one James Vincent Ola, thus
commencing the commission of the crime of Murder.

On 25 August 2017, the Office of the City Prosecutor of Makati

City issued a Resolution recommending the filing of the above-
captioned case.

IV. BRIEF STATEMENT OF PRIVATE COMPLAINANT’S

CAUSE OF ACTION

On July 08, 2017, on or about 9:30 P.M., three armed men

wearing civilians entered our dwelling located at Brgy. 123, Pembo,
Makati City uninvited. They were looking for James Vincent. We
asked them to leave our house they introduced themselves as PO3
Adam Ebanes, PO1 Carlo Cruz and PO1 Martin Santos (hereinafter
“Police Officers”).

The police officers barged into our house without any warrant
of search and seizure or warrant of arrest. During that time, James
Vincent just finished taking a bath and was getting ready to sleep.

The Police Officers forcibly took James Vincent and dragged him
outside the house. Me, together with my husband and James
Vincent’s siblings, tried to resist the taking of James Vincent
considering that no arrest warrants were procured.

PO3 Adam Ebanes told us that James Vincent will be

interrogated in the police station regarding an illegal drug trade
within our barangay. He further threatened us by pointing his gun at
us. He also ordered us to return to our house, otherwise he will file a
criminal case for obstruction of justice against our family. The police
officers brought James Vincent to a secluded place at the end of the
road, far from the main road where the police vehicle was parked.

After a couple of minutes from the taking of James Vincent,

three gun shots were heard coming from the direction where James
Vincent and the Police Officers are.

The Police Officers casually left the Barangay and walked

toward the opposite part of the barangay where their police vehicle
was parked. After seeing the departure of the Police Officers, I went
to the place where James Vincent was taken and I saw the lifeless
body of James Vincent facing on the ground covered with blood.

That James Vincent had two gunshot wounds on the head and
another on the back of his body.

V. SUMMARY OF ADMITTED FACTS AND PROPOSED

STIPULATION OF FACTS
 Other than those stated in the complaint, private complainant
has no other matters to admit at this juncture. However, the private
complainant would like to make the following proposal for
stipulations, to wit:

1. The identity of the respondents as the one charged in the

Information filed before this Honorable Court;

2. The Honorable Court has jurisdiction to hear the instant case

and over the persons of the accused;

3. That on 8 July 2017, the accused parked their police vehicle

along Sampaguita St. Pembo, Makati City;

4. The body of James Vincent Ola was found lifeless along Umbel
Street, Pembo, Makati, rear the Taguig River;

5. James Vincent Ola’s body was faced downwards when his body
was found;

6. James Vincent Ola sustained three gunshots with three entry

wounds, two at the head and one at the back of the body;

7. There were only two exit wounds in James Vincent Ola’s body
both of each are located at the head of the victim;

8. That Slug No. 12345678 is the registered bullet of PO3 Adam

Ebanes

Private complainant hereby reserves her right to make

additional stipulations during the actual Pre-Trial of the instant case.

VI. STATEMENT OF ISSUES

1. Whether or not respondents were working within the

parameters of a lawful order;
 2. Whether or not respondents are guilty of the crime of Murder
with aggravating circumstances;

3. Whether or not herein respondents are civilly liable to the

private complainant for actual, moral, exemplary, and other
damages, as well as attorney’s fees and other legal fees.

VII. EVIDENCE TO BE PRESENTED

Documentary Evidence

1. Birth Certificate of James Vincent A. Ola;

- To establish and prove that the private complainant has the

personality to file the above-captioned case.

- To establish and prove that the private complainant is entitled

to the damages prayed before the Honorable Courts.

2. Death Certificate of James Vincent A. Ola;

- To establish and prove that James Vincent A. Ola died on the

night of 8 July 2017.

- To establish and prove that James Vincent Ola died due to

cardiac arrest as a consequence of being shot three times.

3. NBI Autopsy;

- To establish and prove that James Vincent A. Ola was shot

while he had his back turned.

- To establish and prove that James Vincent A. Ola was shot at a

close range.

- To establish and prove that there are three entry wounds and
two exit wounds.
4. Medico – Legal conducted by SOCO;

- To establish and prove that James Vincent Ola died due to

cardiac arrest as a consequence of being shot three times.

5. The garments of James Vincent A. Ola worn during the

night of 08 July 2017;

- To establish and prove that James Vincent Ola was shot at the
back mid-ranged.

- To establish and prove that a bullet slug was stuck inside the
body of James Vincent A. Ola.

6. Map of Barangay Pembo, Makati City;

- To establish and prove that the police vehicle is incapable of

entering Umbel St., Pembo, Makati City.

- To establish and prove that instead of taking James Vincent Ola

to the police station, he was dragged to a secluded area in the
barangay for slaughter.

7. Affidavit of Juan Paolo Ollero;

- To establish and prove that the respondents dragged James

Vincent Ola to a secluded area in the barangay.

8. Affidavit of ________________;
9. Affidavit of ________________;
10. Police Blotter;

- To establish and prove that James Vincent Ola’s body was

found at the end of Umbel St, near the Taguig River.

11. Ballistic Report;

 - To establish and prove that PO3 Adam Ebanes was one of the
suspects who shot James Vincent Ola.

12. Bullet Slug No. 12345678

- To establish and prove that PO3 Adam Ebanes was one of the
suspects who shot James Vincent Ola.

13. Receipts for funeral expenses of James Vincent A. Ola;

- To establish and prove that the private complainant is entitled

to damages in the amount prayed for.

Testimonial Evidence

1. Juan Paolo Ollero

- To establish and prove that the respondents dragged James

Vincent Ola to a secluded area in the barangay.

- To establish and prove that James Vincent Ola is not a drug

pusher.

2. _________________
3. _________________

Private complainant reserves their right to present additional

documentary and testimonial witnesses during the Pre-Trial proper
of the above-captioned case.

VIII. APPLICABLE LAWS AND JURISPRUDENCE

The instant complaint is founded on Article 248 of the Revised

Penal Code, to wit:

“Art. 248. Murder. — Any person who, not falling within

the provisions of Article 246 shall kill another, shall be
 guilty of murder and shall be punished by reclusion
temporal in its maximum period to death, if committed
with any of the following attendant circumstances:

1. With treachery, taking advantage of superior strength,

with the aid of armed men, or employing means to
weaken the defense or of means or persons to insure or
afford impunity.

2. In consideration of a price, reward, or promise.

3. By means of inundation, fire, poison, explosion,

shipwreck, stranding of a vessel, derailment or assault
upon a street car or locomotive, fall of an airship, by
means of motor vehicles, or with the use of any other
means involving great waste and ruin.

4. On occasion of any of the calamities enumerated in the

preceding paragraph, or of an earthquake, eruption of a
volcano, destructive cyclone, epidemic or other public
calamity.

5. With evident premeditation.

6. With cruelty, by deliberately and inhumanly

augmenting the suffering of the victim, or outraging or
scoffing at his person or corpse.”

In support of the instant complaint, the private

complainant invokes the ruling of the Supreme Court in the
cases of:

1. _________________________

IX. AVAILABLE DATES AND TRIAL DATES NEEDED

 Private complainant respectfully move that the trial dates be
agreed upon by the parties and their respective counsels during the
Preliminary Conference in order to reconcile the same with the
calendar of this Honorable Court.

PRAYER

WHEREFORE, premises considered, it is most respectfully

prayed of this Honorable Court that the instant Pre-Trial Brief for the
private complainant be deemed sufficient, duly noted and made to
form part of the records of the case.

Makati City, 7 September 2017.

D’BEST ONLY-D’BEST
And Associates Law Offices
Counsel for the Private Complainant
2nd Floor, 109 L.P. Leviste St.,
Salcedo Village, Makati City.
Tel No. 8939299
E-mail Address: best@dbestonlydbest.com

For the Firm:

ATTY. JUAN PAOLO R. OLLERO

IBP No. 1017695; January 5, 2017; Quezon City
PTR No. 2131688; January 4, 2017; Quezon City
Roll No. 55584
MCLE Compliance V-0006111; February 04, 2015
Tel Nos. (02)7099422 or (02)7033346
Mobile Nos.09228677124/09178311411
Email add: secondbest@dbestonlydbest.com
With my express conformity:

Hon. Public Prosecutor

RTC – Branch 121
Makati City

Copy furnished by registered mail:

EXPLANATION

A copy of the instant Pre-Trial Brief is being served upon the

accued by registered mail due to time constraints, distance, and lack
of personnel to effect personal service.

ATTY. JUAN PAOLO R. OLLERO