Republic of the PhilippinesSixth Judicial RegionREGIONAL TRIAL COURTBranch 53 - Bacolod City-oOo-

PEOPLE OF THE PHILIPPINES,Plaintiff,CRIMINAL CASE NO. 15-40682,FOR:Robbery with Homicide(Art. 294, par. 1 of the RPC)- versus

RICARDO EWAYAN MAHINAY alias BadongAccused.x------------------------------------------x

PRE-TRIAL BRIEF

ACCUSED, through the undersigned counsel, before this Honorable Court, most respectfullysubmits thisPre-Trial Brief to wit:

SUMMARY OF ADMITTED FACTSANDPROPOSED STIPULATION OF FACTS

The accused admits to the following facts:1. Theidentityofthe onechargedintheinformationandthatofthe person arraigned is one and the same;

2. The identity of Sharon Mae Condes, the victim;

3. That he transported the victim to the internet shop at Brgy. Villamonte on the night of the offense;

4. That the blue Oppo cellular phone was left in the tricycle which the victim rode in;

5. That police officers came to Himamaylan and picked him up;

6. That the accused was the one who pointed to the police the location of the victims body;

The accused proposes the following facts:1. Two girls flagged down the accused who dropped them off in Barangay Villamonte, one in an internet shop and the other in a residential home two blocks away;

2. The accused received a phone call from his cousin informing him that his mother and three of his relatives met an accident during their return to Himamaylan and that his mother and cousin were rushed to Lorenzo D. Zayco District Hospital in Kabankalan City in a critical state;

3. Accused immediately proceeded to the house of Arthur Albanez to return the tricycle and the latter found a mobile phone in the passenger seat. Arthur gave the same to the accused upon offering him a ride to the bus terminal;

4. From May 11-13, 2015 the accused was in Himamaylan taking care of his mother;

5. On May 14, 2015, police officers came to the house of the accused in Himamaylan, forcibly taking him away and torturing him in an uninhabited place;

6. Accused under duress was forced by the police officers to point out to the police in Bacolod City the location of a corpse of a woman who has been missing and admit that the Accused is responsible for such crime.

EVIDENCE FOR MARKING1. Affidavit of accused: Rodel TamayoPurpose: to prove that he did not kill the victim because of Physical Impossibility

2. Affidavit of Sharons friend: Katrina Z. TanPurpose: to prove that the victim rode the tricycle with her and was the first person to be offloaded from the tricycle in the internet shop

3. Affidavit of the owner of the tricycle: Arthur AlbanezPurpose: to prove that the tricycle was deposited in his home at around 11:15 P.M.

4. The CCTV footage of the home of Arthur AlbanezPurpose: to verify that the accused returned the tricycle in Arthurs home.

5. Medical Certificate of the Imelda Mahinay (mother of the accused)Purpose: to support the defense that the accused had valid reason to go home especially during that hour.

6. The CCTV footage of the internet shopPurpose: to verify that the victim was indeed at the computer shop.

7. Ceres Bus Ticket No. 882373 going to Kabankalan CityPurpose: to substantiate the defense of the accused of Physical impossibility

8. The CCTV footage of the Lorenzo Zayco District HospitalPurpose: to verify that the victim was indeed at the hospital at 1AM in the morning.

9. Affidavit of hospital nurse: Isabel Heccate W. VeltetsPurpose: to prove that the accused was in the Lorenzo Zayco District Hospital at 1AM in the morning

10. Affidavit of cousin of the accused: Rodolpo TamayoPurpose: to prove that the accused was forcibly taken away by police officers from their home in Himamaylan.

I S S U E S:I. Whether or not the accused committed the crime charged;II. Whether or not he was guilty thereof.

WITNESSES:1. The accused Rodel Banal to testify regarding his whereabouts during and after the crime and the underlying circumstances that force him to admit to the crime he did not commit;2. Arthur Albanez, the registered owner of the tricycle to which the accused is renting the tricycle;3. The staff Nurse Isabel Veltets of the Lorenzo D. Zayco District Hospital who was on duty at that time and also, she was the one who attended to the care of the mother and relatives of the accused during the recuperation in the said hospital;4. Katrina Z. Tan, to attest that Sharon Mae Castillo was dropped off in the internet shop. 5. Rodolpo O. Tamayo, to prove that the accused was forcibly taken away by police officers from their home in Himamaylan.

MOST RESPECTFULLY SUBMITTED this July 14, 2015 in Bacolod City, Negros Occidental, Philippines.

Araneta, caballero, daguman and deleonLAW OFFICE123 Lacson Street, Bacolod City

By:

Tomas AranetaCounsel for the DefenseRoll No. 68999 / 5-2-07IBP. No. 789084 / 12-29-07MCLE Compliance No. 890590 / 12-20-07PTR No. 345667 / 01-05-08

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