Republic of the Philippines

11th Judicial Region

REGIONAL TRIAL COURT
Branch 3
Davao City

MARY GRACE BUENA

Complainant

---versus-- I.S. No. 12346587

For: Rape
PEDRO CARGO
Respondent.
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PRE-TRIAL BRIEF OF THE PROSECUTION

THE PEOPLE OF THE PHILIPPINES, through the undersigned

City Prosecutor, before this Honorable Court, most respectfully submit
this Pre-Trial Brief:

PROPOSED STIPULATION AND/OR ADMISSION OF FACTS

The following are the proposed stipulation and/or admission of facts:

1. That the identity of Pedro Cargo who is the person charged in
the Information and of the person arraigned is one and the
same;
2. That the accused is single and renting a boarding house at
Harolds Place, Isla Verde, Brgy. 23-C, Manuel L. Quezon Blvd.,
Davao City;
3. The identity of Mary Grace P. Buena, the victim;
4. That the victim is a resident of Isla Verde, Brgy. 23-C, Manuel
L. Quezon Blvd., Davao City;
5. That the victim is a minor and is 12 years old during the
commission of the crime;
6. The fact of commission of the crime;
7. The date of the commission of the crime which is on March 3,
2014.
8. The place of the commission of the crime which is in the
victims residence at Isla Verde, Brgy. 23-C, Manuel L. Quezon
Blvd., Davao City;
9. That the accused has known the victim for about 2 years prior
to the alleged date of commission of the crime;
10. That the distance between the accused and victims house is
just 2 houses away or approximately 200 meters;

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 11. That on March 3, 2013, the accused was around or within
the premises where the crime was committed;
12. The fact that victim was medically examined as evidenced by
the Medico-legal report issued by Dr. Alex Concha;

ISSUE TO BE TRIED OR RESOLVED

Whether or not the accused is guilty of the crime charged

EVIDENCE FOR MARKING

Exhibit A Complaint-Affidavit of victim Mary Grace Buena; consisting

of 4 pages to be marked as A-1, A-2, A-3 and A-4.

Exhibit B Certified True Copy of victims Certificate of Live Birth

Exhibit C- Photo of the Text Message sent by Mary Grace Buena to his
mother after the crime was committed

Exhibit D Medico-Legal Report issued by Dr. Alex Concha of Southern

Philippines Medical Center; Dr. Alex Conchas signature to be marked as
D-1

Exhibit E Affidavit of Medico-Legal Officer Dr. Alex Concha

Exhibit F - Affidavit of Witness Sylvia L. Buenaventura

Exhibit G Police Blotter Report

WITNESSES TO BE PRESENTED

1) Mary Grace Buena; the victim herself to testify that she was
raped by accused Pedro Cargo;
2) Dr. Alex Conchamedico-legal officer who will testify that she
examined the victim hours after the crime was committed and
that upon examination, she found fresh lacerations in the
victims hymen;
3) Sylvia L. Buenaventuraneighbor of the victim and the owner
of the boarding house where the accused resides; who will
testify that she saw the accused walk towards the victims
house and exit the same at the same time the alleged crime was
committed; to corroborate the testimony of the victim.
4) Mrs. Mary Buenato testify that she saw the victim in a
shocked state after the crime was committed;
5) Senior Police Inspector I Martin L. Torresto prove veracity of
the police blotter;

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 6) Diosdado Aquino the Punong Barangay who received the
report of the incident at the barangay level; to corroborate the
testimonies of the other witnesses

The testimonies of the witnesses would consume not more than 15

minutes on direct examination, and about 15 minutes on cross
examination.

Specifically all Fridays of the month, with the regular appearance

of the undersigned city prosecutors before this Honorable Court.

RESPECTFULLY SUBMITTED.
Davao City, Philippines, July 26, 2014.

DAVAO CITY PROSECUTORS OFFICE

Davao City Hall of Justice
EcolandDrive, Davao City

By:

MARIANNE DELIGERO
Assistant City Prosecutor
Roll No. 67890 / 5-2-12
IBP. No. 667899 / 12-29-12
MCLE Exempt
PTR Exempt

And

WILLIAM ANGELO B. RUYERAS

Private Prosecutor
Roll No. 67891 / 5-2-13
IBP No. 667900 / 12-29-13
MCLE Exempt
PTR Exempt
Copy furnished:

ATTY. SITTIE FAHANIE UY

Counsel for the Defense
BUM Law Firm, Suite 203.
Land Co Bldg. J.P. Laurel St., Davao City

ATTY. JOHANNES A. BANTUGAN

Counsel for the Defense
BUM Law Firm, Suite 203.
Land Co Bldg. J.P. Laurel St., Davao City

ATTY. JAMES NOEL V. MORENTE

Counsel for the Defense
BUM Law Firm, Suite 203.
Land Co Bldg. J.P. Laurel St., Davao City

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Received by: ___________
Date Received: _________

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