REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

SEVENTH JUDICIAL REGION
Guihulngan City, Negros Oriental, Branch __,

People of the Philippines,

Criminal Case No. 9111111

Plaintif

~ versus ~

For: HOMICIDE

SPO1 Severino Tabayacyac, et. al.

Accused

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

PRE-TRIAL BRIEF

Complainant, by counsel, respectfully submits her Pre-trial Brief, as

follows:

I. BRIEF STATEMENT OF CLAIMS AND DEFENSES

1.1. Complainant seeks principally to have the accused who is charged

with homicide to serve the sentence prescribed by law and to recover actual
damages of One Hundred Fifty Thousand Pesos (P150,000.00) incurred as
funeral expenses as well as moral damages due to serious anxiety, mental
anguish and depression she suffered because of the death of her child,
ALTHEA FHEM BARBON.
1.2. Defendant resists complainants claims on the ground that he was
discharging his lawful duties and that he was defending himself when PIM
ALRICK BARBON was shot.

II. FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES

2.1. Defendant admits that he and his colleagues were after PIM
ALRICK BARBON who was a wanted drug lord in Guihulngan City, Negros
Oriental.
2.2. Complainant will no longer pursue defendants and his colleagues
criminal and civil liabilities for the death of PIM ALRICK BARBON.
III. ISSUES TO BE TRIED
3.1. Complainant submits that the following issues put forward by the
defendant are subject to proof:
3.1.1. Defendants discharge of lawful duties
3.1.2. Defendants act of defending himself when he shot the victim

IV. EVIDENCE
4.1. Complainant intends to present the following documentary
evidence:
4.1.1. Death certificate of ALTHEA PHEM BARBON
4.1.2. Receipts corresponding to funeral expenses incurred by the
victims family
4.1.3 Receipts for other expenses incurred in connection with the death
of ALTHEA FHEM (i.e. hospital expenses, Doctors Professional Fees, etc.)
4.2. Complainant reserves the right to present any and all
documentary evidence which shall become relevant to rebut complainants
claims in the course of trial as well as any other witnesses whose testimony
will become relevant to belie defendants witnesses, if necessary.

V. RESORT TO DISCOVERY
5.1. Considering that there was no eye witness in the case, complainant
reserves the right to resort to discovery if such will be necessary in the course
of the trial.

RESPECTFULLY SUBMITTED.
Guihulngan City, Negros Oriental, Philippines, November 5, 2016.

ATTY. JADE A. LORENZO

Private Counsel for the Plaintiff

Roll of Attorney No. __________

PTR No. __________; (date); Manila City
IBP Lifetime No. __________; (date)
MCLE Compliance No. V-_____; (date); Manila City
Address:
Mobile:
Email:

ATTY. ANDREA MARIA THERESE Y. MAURICIO

Private Counsel for the Plaintiff
Roll of Attorney No. __________
PTR No. __________; (date); Manila City
IBP Lifetime No. __________; (date)
MCLE Compliance No. V-_____; (date); Manila City
Address:
Mobile:
Email:

CONFORME:

LEILA MARIE V. TRILLANES

Assistant City Prosecutor

NOTICE OF HEARING
SPO1 SEVERINO TABAYACYAC
Lot 9, Block 10, Lipton Street, City of Guihulngan

Greetings:
Please be informed that the foregoing Motion for Extension of Time to
file Counter Affidavit is requested to be submitted for the consideration of the
Honorable Investigating Prosecutor immediately upon receipt hereof.

ATTY. JADE A. LORENZO

Private Counsel for the Plaintiff

ATTY. ANDREA MARIA THERESE Y. MAURICIO

Private Counsel for the Plaintiff

EXPLANATION
Copies of the foregoing Motion for Issuance of Hold Departure Order
were served on the Complainant by registered mail since personal service is
not practicable because of time constraints and the distance between the
office of the undersigned counsel and the residence of the Complainant.

ATTY. JADE A. LORENZO

Private Counsel for the Plaintiff

ATTY. ANDREA MARIA THERESE Y. MAURICIO

Private Counsel for the Plaintiff