Republic of the Philippines

REGIONAL TRIAL COURT

9th Judicial Region
Branch 15
Zamboanga City

PEOPLE OF THE PHILIPPINES

Criminal Case No: 67890
-versus- For:
RAPE (Article 266-A, paragraph 1(a)
and (b) of The Revised Penal Code, as
amended)
BERNABE JAN A. BAS,
Accused.
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PRE-TRIAL BRIEF

THE PEOPLE OF THE PHILIPPINES, through the

undersigned Prosecutors, most respectfully submits this Pre-
Trial Brief andstates the following:

A. SUMMARY OF ADMITTED FACTS AND PROPOSED

STIPULATION OF FACTS

1. That the private complainant, Jozel Lacastesantos-Bas,

is of legal age and was born on January 18, 1995,
married, Filipino and currently residing at Baliwasan
St., Zamboanga City,
2. That the accused Bernabe Jan Bas, is of legal age,
Filipino and residents of Governor Alvarez St.,
Zamboanga City,
3. That the Complainant and the Accused were married on
June 8, 2017 in Zamboanga City,
4. That sometimes in November of 2019, the complainant
had an accidental miscarriage,
5. That on the night of January 10, 2020, the accused
forced the complainant to submit to his sexual desire
despite the latter’s objection and refusal,
6. That on the night of January 15, 2020, the accused
went home reeking of alcohol. While the complainant

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 was preparing dinner, the accused grabbed her and
dragged her to the bedroom,
7. That the complainant strongly resisted and tries to let
go of her wrist so that she can pushed the accused
away from her body, but she was so helpless to do so
because of the accused superior strength. Despite
complainant’s protest, the Accused punched her in the
stomach and slapped her to submission and laid her to
bed,
8. That on the night of January 22, 2020, as the victim
half asleep, the accused arrived, entered the bedroom
and started for the last time his sexual assault to the
objection of the complainant. The accused even was
informed that herein complainant was not feeling well
because of headache and abdominal pain, he continued
to fulfill his sexual lust.

B. ISSUES TO BE TRIED

1. Whether or not the complainant has been sexually

abused against her will by her own husband, Bernabe
Jan Bas, the herein accused?
2. Whether or not the testimony of the complainant Jozel
Lacastesantos-Bas corroborated by the testimony of
the witness-kasambahay Zandy Glacita and
strengthened by series of medical certificate is
sufficient to convict the accused for the crime charged?

C. APPLICABLE LAWS AND JURISPRUDENCE

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

2. R.A. No. 8353 otherwise known as the Anti-Rape Law
of 1997
3. Revised Rules of Evidence
4. Jurisprudence laid down by the Supreme Court on Rape
(People vs. Jumawan, GR No. 187495, April 21, 2014)

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D.DOCUMENTS TO BE PRESENTED

1. Affidavit of the Complainant……………………….. Exhibit “A”

(This is a sworn statement of Jozel Lacastesantos-Bas
to prove the facts of the sexual abused that transpired
at their marital home at Gov. Alvarez St., Zamboanga
City on January 10, 15 and 22 of 2020)
2. Marriage Certificate of the Complainant…….. Exhibit “B”
(This is to prove that the complainant was married to
herein accused).
3. Medical Certificate dated January 11,2020 … Exhibit “C”
(The Medical Certificate is issued by Dr, Steph Polinar
of POLS MEDICO-LEGAL CLINIC after conducting a
medical examination of the victim.).
4. Medical Certificate dated January 16, 2020… Exhibit “D”
(The Medical Certificate is issued by Dr, Steph Polinar
of POLS MEDICO-LEGAL CLINIC after conducting a
medical examination of the victim. This Medical
Certificate shows that complainant has hymenal
lacerations which tend to show that she was been
abused and forced to have sexual intercourse with the
accused).
5. Medical Certificate dated January 23, 2020… Exhibit “E”
(The Medical Certificate is issued by Dr, Steph Polinar
of POLS MEDICO-LEGAL CLINIC after conducting a
medical examination of the victim. This Medical
Certificate shows that complainant has hymenal
lacerations which tend to show that she was been
abused and forced to have sexual intercourse with the
accused).

E. NAMES OF WITNESSES

1. Jozel Lacastesantos-Bas- her testimony will provide

for the facts of the alleged sexual abuse incidents.
She will detail to the court what really transpired on
January 10, 15 and 22 of 2020.
2. Zandy Glacita- her testimony will corroborate the
testimony of the complainant and testify on matters

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 that happened during the night of the mentioned
date of incidents.

F. AVAILABLE TRIAL DATES

Specifically, all Fridays of the month, with the regular

appearance of the undersigned prosecutor before this
Honorable Court.

RESPECTFULLY SUBMITTED. October 26, 2020,

Zamboanga City, Philippines.

ZAMBOANGA CITY PROSECUTORS’S OFFICE

Hall of Justice, Bonifacio Drive
Zamboanga City

By:

PROS. HEIDELYN TAN

Roll of Attorneys No. 62028
IBP No. 9766893/ Zamboanga City/ January 2, 2020
MCLE Exempt
PTR Exempt

And

PROS. EDERICK APAO

Roll of Attorneys No. 75085
IBP No. 9622593/ Zamboanga City/ January 2, 2020
MCLE Exempt
PTR Exempt

Copy furnished:
ALAYKA A. ANNUDIN
Counsel for the Defense
ADZU LAW OFFICES
Arguelles St., Jaro, Zamboanga City

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