Republic of the Philippines

Regional Trial Court

3rd Judicial Region
Branch 63
Tarlac City
PEOPLE OF THE
PHILIPPINES,
Complainant,
-versusNO. 666

CRIMINAL CASE
FOR: RAPE in relation
to R.A. 7610

RUDY B. CRUZ,
Accused.
x-------------------------------x

PRE-TRIAL BRIEF
(FOR THE PROSECUTION)
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THE PEOPLE OF THE PHILIPPINES, through the

undersigned Prosecutor, 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, CHERRY A. CRUZ, is 14
years of age, and resident of 1234 Rizal Street, San
Roque, Tarlac City, guided by my mother CONSUELA A.
CRUZ, married, of legal age and also a resident of 1234
Rizal Street, San Roque, Tarlac City;
2 That the accused, RUDY B. CRUZ, is of legal age,
Filipino, and with residence at 1235 Rizal Street, San
Roque, Tarlac City;
3 The accused is the uncle of the private complainant who
is living next to and has access to the latters
grandmothers house where she and her mother lives;

4 That when the private complainant was eleven (11) years

old, one evening sometime in July 2009, while she was
sleeping in the room of her grandmother, the accused
knocked and when the victim opened the door, the
accused immediately pushed her towards the bed and
said that he will hurt her if she makes any noise. As a girl
of tender age, there is nothing she can do compared to
the strength of the accused in order to escape the
horrors of what the accused did to her. The accused
disgustingly touched the private parts of the victim and
after that, he inserted his penis to her vagina. After he
raped the victim, he reiterated that he would hurt her if
the victim tells anyone about what he did to her. The
victim is very afraid of what the accused would do to her
even to her mother and grandmother. There is nothing
she can do but to cry and cry whenever she would think
about what happened during that terrifying night;
5 Sometime in April 2011, the accused, armed with a knife,
entered into the room where the victim and her are
sleeping, the accused pointed the knife at the victim and
told her not to make any noise. Again, he raped the
victim. The victim tried to fight back but theres simply
nothing she can do compared to the strength of the
accused. The accused also told her not to tell anyone or
else he will kill her;
6 That the grandmother of the victim could not see or hear
what the accused is doing to the victim due to her
grandmothers blindness and poor hearing. During that
very moment while the accused is raping the victim,
theres simply no hope for her for help. The victim just
wished that the horrifying experience would soon come
to end. But the same occurred again;
7 Sometime in May 2012, the accused again entered the
room where the victim and her grandmother are
sleeping. The accused pointed a knife at her face and
told her to keep quiet or else he would stab her. The
horrors of being raped by the accused just wont stop.
Theres nothing she can do but to cry;
8 The accused always reminds the victim of the terrors of
what happened by consistently telling her to keep quiet
and not to tell anyone otherwise, he would kill the victim.
The victim is too afraid tell anyone of what the accused
did to her, she cant even cry where her mother can see
her because she would certainly ask the victim what have

happened, and the victim just cant tell her mother that
the accused raped and is threatening her for he might
kill the victim and her mother;
9 That sometime on August 28, 20013, the accused again
attempted to rape the victim but was not able to do so
because her mother suddenly came looking for her. Her
mother knocked on the door in doubt that the victim was
alone inside the house. When her mother came in, she
investigated inside, opened the door of the comfort room
and saw the accused sitting on the toilet. The mother
asked the accused why is he there. The mother of the
victim noticed that there is something wrong with the
former. The accused seemed so defensive thats why the
mother thought that the accused might have hurt the
victim. The mother of the victim got angry as well as the
accused and they quarreled. The accused threatened the
mother that he would hurt her if she tried to tell her
siblings regarding what happened on that day;
10That on 29 September 2013, the younger sister of the
victim, Carina, told her mother that she saw the accused
peeking at her while she was taking a bath;
11That on the next day, the mother of the victim decided to
take the siblings away and asked for help from the
authorities so that the accused could no longer harm
them and so that the accused could pay for what he did
to the victim and to her younger sister;
B ISSUES TO BE TRIED
1 Whether or not complainant has been raped and
abused by the accused RUDY B. CRUZ?
2 Whether or not the testimony of the child victim
CHERRY A. CRUZ corroborated by testimony of the
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 AN ACT
EXPANDING THE DEFINITION OF THE CRIME OF

RAPE, RECLASSIFYING THE SAME AS A CRIME

AGAINST PERSONS, AMENDING FOR THE PURPOSE
ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN
AS THE REVISED PENAL CODE, AND FOR OTHER
PURPOSES.
3 Republic Act No. 7610 otherwise known as AN ACT
PROVIDING FOR STRONGER DETERRENCE AND
SPECIAL PROTECTION AGAINST CHILD ABUSE,
EXPLOITATION AND DISCRIMINATION, AND FOR
OTHER PURPOSES
4 Revised Rules of Evidence
5 Jurisprudence laid down by the Supreme Court on
RAPE, to wit:
5.1. It is not necessary that the force employed
against the complaining woman in rape be so
great or of such character as could not be
resisted. It is enough that the force used is
sufficient to consummate the culprits
purpose of copulating with the offended
woman. The force or violence necessary in
rape is naturally a relative term, depending
on the age, size and strength of the parties
and their relation to each other. (People vs.
Savellano, 57 SCRA 320).
5.2 However, in rape committed by close kin,
such as the victims father, step-father,
uncle, or the common-law spouse of her
mother, it is not necessary that actual force
or intimidation be employed. Moral influence
or ascendancy takes the place of violence
and intimidation. (People vs. Joel Yatar, G.R.
No. 150224, May 19, 2004).
5.3 But when the offender is the father of the girl
who was yet of tender age, it is not necessary
that there be signs that she put up a
determined resistance. A sexual act between
a father and daughter is so revolting that it
would be hard to believe that complainant
would have submitted thereto if her will to
resist had not been overpowered. (People vs.
Alinea, C.A., 45 O.G., Supp. 5, 1940).

5.4 The kind of force or violence, threat or

intimidation as between father and daughter
need not be of such nature and degree as
would be required in other cases, for the
father in this instance exercises strong moral
and physical influence and control over his
daughter. (People vs. Rinion, C.A., 61 O.G.,
4422)
5.5. Intimidation includes the moral kind such the
fear caused by threatening the girl with a
knife or a pistol. (People vs. Garcines, 57
SCRA 653)
Private complainant respectfully reserves the right to cite
applicable laws and jurisprudence as the case progresses.
D DOCUMENTS TO BE PRESENTED
1. Complaint-Affidavit of the Victim------------------------------------Exhibit A
(This is a sworn statement of Cherry A. Cruz to prove the
facts of the repeated rape incidents).
2. Birth Certificate of the Victim-----------------------------------------Exhibit B
(This is a birth certificate of Cherry A. Cruz to prove that
she is indeed 14 years of age and still a minor).
3. Affidavit of the Witness Consuela A. Cruz--------------------------Exhibit C
(This is a sworn statement of the mother of the accused,
Consuela A. Cruz, to prove the incident that transpired on
29 September 2013).
4. Medical
Certificate-------------------------------------------------------Exhibit D
(This medical certificate is issued by Dr. Nerrhiza Balmores
of Tarlac Medical Center (TMC) after conducting a medical
examination of the victim. This medical certificate shows
that Cherry A. Cruz has hymenal lacerations which tend to
show that she has been abused and forced to have sexual
intercourse with the accused).
5. The private complainant reserves the right to present any
and all documentary evidence which shall become relevant to

plaintiffs cause of action and other claims in the course of the

trial.

E NAMES OF WITNESSES
1 Cherry A. Cruz her testimony will provide for the facts of
the alleged rape incident.
2 Dr. Nerrhiza Balmores she will identify to the court the
medical certificate submitted by the complainant.
3 Consuela A. Cruz she is the mother of the plaintiff. She
will testify on matters that happened to her daughter.
F AVAILABLE TRIAL DATES
Specifi cally all Thursdays of the month, with the
regular appearance of the undersigned city prosecutors before
this Honorable Court.

WHEREFORE, it is most respectfully prayed that this Pre-Trial

Brief be admitted and made part of the records of the above-entitled case.
RESPECTFULLY SUBMITTED.
15 September 2016, Tarlac City, Philippines.

OFFICE OF THE CITY PROSECUTOR

National Prosecution Service
Tarlac City
By:
PROS. DOMINIC OSWALD C. HALILI
Asst. City Prosecutor
Roll of Attorneys No. 01
IBP No. 123456/ Tarlac City/December 25, 2015
MCLE Exempt

PTR Exempt
Copy furnished:
Atty. Jaimie Lyn Tan
__________
Counsel for the Accused
_____________
San Roque, Tarlac City

R.R.
Date:

No.