REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

10th JUDICIAL REGION
BRANCH 41
Cagayan de Oro City

ROMEO D. PONDELAS,
Plaintiff,
Civil Case No. 2015-122
-versus- for
Damages.
P/SR. INSP ERICKSON BANIAGA,
SPO1 RAMEL ALBERTO, PO2
EUGENE MULLES, MUNICIPAL
GOVERNMENT OF WAO, LANAO
DEL SUR
Defendant.
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PRE-TRIAL ORDER
When this case was called for pre-trial, Atty. Joane Therese B. Gales and Atty. Jeorgia
Marie Tinsay appeared for the plaintiff, Atty. Maria Bernadette M. Pepito and Junallieze Yreka
Quinlog appeared for the defendant. The plaintiff Romeo Pondelas and defendants Erickson
Baniaga, Ramel Alberto, Eugene Mulles were also in court.

POSSIBILITY OF AMICABLE SETTLEMENT

During the pre-trial, there was no agreement between the parties as to the possibility of
amicable settlement of the case as the case was already reffered to JDR and the mediator's report
concludes that the case be re raffled to the RTC.

STIPULATION OF FACTS BETWEEN THE PARTIES

The plaintiff, through his counsel and the defendant, through her counsel stipulated on the
following that:

1. The identity of parties

2. The time and place of the incident, June 30, 2015 at Wao Municipal Police Station around
9:30 AM
3. That the parties knew each other before the incident
4. That all the defendants were present when the incident happened
5. That the parties knew each other before the incident
6. The defendants are public employees

ISSUES TO BE TRIED OR RESOLVED

the following are the issues to be resolved/tried:

1. Whether the conduct of defendant at the Municipal Police Station is within their
responsibilities as Police officers
2. Whether defendants are liable to pay damages to plaintiff and to what extent
3. Whether Plaintiff is liable to pay the counter-damages for maliciously filing the instant
complaint
 EXHIBITS MARKED AS DOCUMENTS

The plaintiff marked the following exhibits:

1. Exhibit 1 – Affidavit-Complaint before the Ombudsman for the Military.

2. Exhibit 2 – police blotter extract, to support the complaint of Jelan Baylon, not act by
defendants PNP
3. Exhibit 3 – Judicial Affidavit of Witnesses
4. Exhibit 4 – Others

And the plaintiff reserves his right to mark other documentary exhibits which are not yet
available if the need arises.

The defendant marked the following exhibits:

1. Exhibit 1 – Barangay Certification that Romeo Pondelas is a resident of Wao, Lanao del
Sur
2. Exhibit 2 – Letter of Complainant Pondelas to then Secretary Mar
Roxas dated 6 July 2015
3. Exhibit 3 – Joint affidavits of defendants Baniaga, Alberto, and Mulles
4. Exhibit 4 - Joint affidavits of Lamberto Legarda and Emilio Gicole

WITNESSES TO BE PRESENTED

The plaintiff will present the following witnesses:

1. plaintiff Romeo Pondales

2. Jelan Baylon

The plaintiff reserves his right to present two (2) more witnesses.

The defendant will present the following witnesses:

1. The defendant Erickson Baniaga

2. Co Defendant Ramel Alberto
3. Co Defendant Eugene Mulles
4. Lamberto Legarda
5. Emilio Gicole

DATE OF HEARING

Both parties agreed on the trial date to be held on the 26th day of Setember 2016 in the
afternoon and shall present their witnesses also on the same date. The parties are hereby directed
to go over the Pre-Trial Order. Should they find any error therein as maybe supported by the
Transcript of Stenographic Notes, they should call the attention of the Court before the start of
the trial. Thereafter, no correction to the order shall be allowed.

This 7th day of September 2016 at Laoag City, Philippines.

JEOFFRE W. ACEBIDO
Judge
Copy furnished:
1. Atty. Joane Therese B. Gales & Atty. Jeorgia Tinsay
1120 Corrales St. Cagayan de Oro City

2. Atty. Maria Bernadette M. Pepito

& Atty. Junallieze Yreka Quinlog
3321 Yacapin St. Cagayan de Oro City