Republic of the Philippines

Regional Trial Court

6th Judicial Region
Branch 62
Bago City

THE PEOPLE OF THE

PHILIPPINES
Complainant, Criminal Case No. 34356

FOR: SEXUAL ASSUALT

-versus- (Under ART 266-A par 2)

JOSEPH GO Y WAE

Accused,
x---------------------------------------------x

PRE-TRIAL BRIEF OF THE DEFENSE

JOSEPH GO Y WAE, through the undersigned counsels, most respectfully

submits this Pre-trial Brief and states the following:

SUMMARY OF ADMITTED FACTS AND

PROPOSED STIPULATION OF FACTS
1. That the accused is Joseph Go y Wae, 23 years of age, and is working as an
errand boy of the family of the complainant.

2. That the accused was in fact tasked to look after the victim on December 18,
2014 at around 9 a.m in the morning.

3. That the child complainant while drinking juice, spilled some on her set of
clothes that she was wearing that the accused needed to clean her up.
 4. That the accused denies the claim of the complainant stated in paragraph 4 of
the pre-trial that there was an insertion of the finger of the accused in the
complainant’s vagina.

5. That the accused only changed the complainant’s set of clothes due to the
spilling incident.

6. That the complaint filed was due to the ill-intent of the mother of the child
against the accused because of their heated argument which transpired on the
afternoon of the same date as the alleged incident.

ISSUES TO BE TRIED

1. Whether or not all the elements of the crime of sexual assault is present in the
case and has been satisfactorily proven by the Prosecution.

APPLICABLE LAWS AND JURISPRUDENCE

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

2. Republic Act No. 8353 otherwise known as the Rape Law of 1997

3. Revised Rules of Evidence

4. Related Jurisprudence

Respondent respectfully reserves the right to cite applicable laws and

jurisprudence as the case progresses.

DOCUMENTS TO BE PRESENTED

1. Information------------------------------------------Exhibit “1”
(This is a sworn, written accusation of a crime to prove the facts of the raped incident
that transpired at 123 Lacson St. Bago City under the jurisdiction of this court)

2. Medical Certificate from the Pediatrician of the Child Victim-

Exhibit “2” This is to prove that the complainant has Urinary Tract Infection
 which probably be the cause of the blood found by the mother around the vaginal
area of the accused.
3. Barangay Complaint filed by Sarah Mae Donzales y Sy- Exhibit “3”
This is to prove that on 3 in the afternoon of December 18, 2014, the accused and
Sarah Mae Donzales y Sy went to the Barangay to settle their dispute regarding the
rumors that was allegedly spread by the accused.

WITNESSES TO BE PRESENTED

1. Joseph Go y Wae–His testimony will prove that the essential element of the crime of
sexual assault which is the insertion of an object to the genitalia of the complainant did
not happen on the event complained of which transpired on December 18, 2014.

TRIAL DATES
Specifically, all Fridays of the month, with the regular appearance of
the undersigned city prosecutors before this Honorable Court.

RESPECTFULLY SUBMITTED. August 7, 2015, Bago City, Philippines.

BAGO CITY PROSECUTORS’S OFFICE

Hall of Justice
Bago City

By:

ATTY. MARY JOVILYN MAURICIO

Counsel for the Accused
Room 200,Candelaria st Bago city.

ATTY. JACQUELINE JACOB

Private Prosecutor
Roll of Attorneys No. 62048
IBP No. 976883/ Bago City/January 2, 2014
 MCLE Exempt
PTR Exempt

ATTY. MARIAN KRISTINA KO

Private Prosecutor
Roll of Attorneys No. 62048
IBP No. 976883/ Bago City/January 2, 2014
MCLE Exempt
PTR Exempt

ATTY. MARIZ ADRANEDA

Private Prosecutor
Roll of Attorneys No. 62048
IBP No. 976883/ Bago City/January 2, 2014
MCLE Exempt
PTR Exempt

Copy furnished:

PROS. JOSHUA WILLIAM D. SU

Asst. City Prosecutor
Roll of Attorneys No. 62028
IBP No. 976893/ Bago City/January 2, 2015
MCLE Exempt
PTR Exempt

Received by:___________
Date: ___________