Republic of the Philippines

Regional Trial Court

11th Judicial Region
Branch 15
Davao City

THE PEOPLE OF THE

PHILIPPINES
Criminal Case No. 38,390-97
FOR: RAPE
Complainant,

-versus-

Mar Binay and Benigno Marcos

Accused,

x---------------------------------------------x

PRE-TRIAL BRIEF

THE PEOPLE OF THE PHILIPPINES, through the undersigned

Prosecutors, most respectfully submits this Pre-trial Brief and
states the following:

A. SUMMARY OF ADMITTED FACTS AND PROPOSED STIPULATION

OF FACTS

1. That the private complainant, Korina S. Aquino, is 17 years of age, born

on October 5, 1996, single, Filipino and a resident of Sobrecarey St.,
Bankerohan, Davao City;

2. That the two accused, Mar Binay and Benigno Marcos, both of legal
age, Filipino and residents of Tiongko Avenue, Davao City;
3. That the complainant and the two accused personally know each other
since they met on June 2013 they became close friends;

4. That on December 10, 2013, at around 7:00 oclock in the evening, the
two accused and the complainant had started their drinking session at
the Sari-Sari Store located at Tiongko Ave. Cor. Araullo St., Davao City;

5. That after consuming one (1) bottle of Emperador Brandy, complainant

felt a bit dizzy because she is not used in drinking hard liquors ;

6. That at around 9:00 oclock in the evening, as the owner of the store
told them that they will about to close, the two accused proposed for a
change of venue;

7. That along the way to the next venue, complainant feel like urinating
and vomiting so she decided to urinate nearby within the premises of
the abandoned house leaving the two accused;

8. That right after complainant pulled up her panties after urinating, she
was grab in the wrist and forcefully pushed her inside an abandoned
house;

9. That complainant positively identified her attackers to be the two

accused Mar Binay and Benigno Aquino;

10. That the accused Benigno Marcos undressed complainant, remove

her underwear and pinned her down on the floor while the other
accused Mar Binay is holding complainants wrist;

11. That complainant strongly resisted and tries to let go of her wrist so
that she can pushed the accused Benigno Marcos away from her body
but she was so helpless to do so because of accused superior strength.

12. That the accused Benigno Marcos hastily undressed himself, and
successfully inserted his penis into complainants vagina and performed
Push and Pull movement while keep on threatening her, Mas
masakitan ka kung mupalag ka o musyagit ka. (You will hurt yourself
more if you refuse or scream )
13. That after the accused Benigno Marcos finished his bestial acts
against the complainant he then preceded to the door acted as a look
out while the other accused Mar Roxas tightly held the two hands of
complainant and placed himself on top of her even if she strongly
 resisted. Complainant cannot do nothing except to cry especially when
the accused Mar Roxas inserted his penis into her vagina and
performed push and pull movement;

14. That after the accused Mar Binay get himself satisfied, he stand up
and get dressed and so, complainant managed to scream Mga
Demonyo Mo, Mga Traydor, Gabaan pa unta Mo...( You are Devils,
You are Traitors, May God forsake you)
15. That complainant found out later from the Police that there was a
person who heard her scream and called 911 in the person of Jejomar
Roxas;

16. That the police officers in the persons of SPO1 HIGANTE DAGUL, SPO1
PAT COLINAR together with PO2 BEAUTY MAGANDA came and arrest of
two suspects, Mar Binay and Benigno Marcos who were in the act of
escaping;

17. That complainant was directly brought to Southern Philippines

Medical Center (SPMC) where she was physically examined.

B. ISSUES TO BE TRIED

1. Whether or not complainant has been raped and abused by the two
accused Mar Binay and Benigno Marcos?

2. Whether or not the testimony of the victim Korina S. Aquino

corroborated by testimony of the witness and strengthened by the
findings of the expert witness is sufficient to convict the accused for
the crime of rape?

C. APPLICABLE LAWS AND JURISPRUDENCE

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

2. Republic Act No. 8353 otherwise known as the Rape Law of 1997

3. Revised Rules of Evidence

4. Jurisprudence laid down by the Supreme Court on RAPE

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

D. DOCUMENTS TO BE PRESENTED

1. Affidavit of the Victim-----------------------------Exhibit A

(This is a sworn statement of Korina Aquino to prove the facts of the
raped incident that transpired at the abandoned house situated at Tiongko Ave.,
Davao City on December 10, 2013).

2. Birth Certificate of the Victim-------------------- Exhibit B

(This is a birth certificate of Korina Aquino to prove that she is indeed
17years of age and still a minor).

3. Affidavit of the Witness Jejomar Roxas-------------Exhibit C

(This is a sworn statement of Jejomar Roxas to prove the raped incident that
transpired at the abandoned house situated at Tiongko Ave., Davao City on
December 10, 2013).

4. Joint Affidavit of Arrest----------------------------Exhibit D

(This is a joint affidavit of Police Officers in the persons of SPO1 HIGANTE
DAGUL, SPO1 PAT COLINAR together with PO2 BEAUTY MAGANDA who apprehends the two
accused at the abandoned house situated at Tiongko Ave., Davao City on December
10, 2013).

5. Spot Report Incident-------------------------------Exhibit E

(This is an excerpt of report of from the daily record of events on December 10,
2013 to prove that indeed there is a rape incident that transpired within the said
date).

6. Medical Certificate--------------------------------Exhibit F
(This medical certificate is issued by Dr. Concha of Southern Philippine
Medical Center (SPMC) after conducting a medical examination of the victim. This
medical certificate shows that Korina S. Aquino has hymenal lacerations which
tend to show that she has been abused and forced to have sexual intercourse with
the accused).

E. NAMES OF WITNESSES
 1. Korina S. Aquino her testimony will provide for the facts of the alleged
rape incident. She will detail to the court what really transpired on December
10, 2013.

2. Jejomar Roxas- his testimony will provide for the facts of the alleged rape
incident on December 10, 2013.

3. Dr. Ma. Elinore A. Concha she will identify to the court the medical
certificate submitted by the complainant.

4. Giselle Aquino she is the mother of the plaintiff. She will testify on
matters that happened to her daughter shortly after the said rape incident.

F. AVAILABLE TRIAL DATES

Specifically all Fridays of the month, with the regular appearance

of the undersigned city prosecutors before this Honorable Court.

RESPECTFULLY SUBMITTED. February 5, 2014, Davao City,

Philippines.

DAVAO CITY PROSECUTORSS OFFICE

Hall of Justice, Ecoland
Davao City

By:

PROS. JOSEPH ABAD

Asst. City Prosecutor
Roll of Attorneys No. 62028
IBP No. 976893/ Davao City/January 2, 2014
MCLE Exempt
PTR Exempt

And

PROS. MARIO BALDOS

Asst. City Prosecutor
Roll of Attorneys No. 62042
IBP No. 976893/ Davao City/January 2, 2014
MCLE Exempt
 PTR Exempt

Copy furnished:
Atty. Hot N. Cold R.R. No. __________
Counsel for the Accused Date: _____________
San Pedro Extension, Davao City