Republic of the Philippines

Regional Trial Court

11th Judicial Region
Branch 15
Davao City

THE PEOPLE OF THE

PHILIPPINES
Criminal Case No.
Com
38,390-97
plainant,
FOR: RAPE

-versus-

Mar Binay and Benigno

Marcos

Accused,

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

PRE-TRIAL BRIEF

THE PEOPLE OF THE PHILIPPINES, through the undersigned

Prosecutors, 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, Korina S. Aquino, is 17 years

of age, born on October 5, 1996, single, Filipino and a
resident of Sobrecarey St., Bankerohan, Davao City;
2. That the two accused, Mar Binay and Benigno Marcos,
both of legal age, Filipino and residents of Tiongko
Avenue, Davao City;

3. That the complainant and the two accused personally

know each other since they met on June 2013 they
became close friends;

4. That on December 10, 2013, at around 7:00 o’clock in the

evening, the two accused and the complainant had
started their drinking session at the Sari-Sari Store located
at Tiongko Ave. Cor. Araullo St., Davao City;

5. That after consuming one (1) bottle of Emperador Brandy,

complainant felt a bit dizzy because she is not used in
drinking hard liquors ;

6. That at around 9:00 o’clock in the evening, as the owner

of the store told them that they will about to close, the
two accused proposed for a change of venue;

7. That along the way to the next venue, complainant feel

like urinating and vomiting so she decided to urinate
nearby within the premises of the abandoned house
leaving the two accused;

8. That right after complainant pulled up her panties after

urinating, she was grab in the wrist and forcefully pushed
her inside an abandoned house;

9. That complainant positively identified her attackers to be

the two accused Mar Binay and Benigno Aquino;

10. That the accused Benigno Marcos undressed

complainant, remove her underwear and pinned her down
on the floor while the other accused Mar Binay is holding
complainant’s wrist;
11. That complainant strongly resisted and tries to let go of
her wrist so that she can pushed the accused Benigno
Marcos away from her body but she was so helpless to do
so because of accused superior strength.

12. That the accused Benigno Marcos hastily undressed

himself, and successfully inserted his penis into
complainant’s vagina and performed Push and Pull
movement while keep on threatening her, “Mas
masakitan ka kung mupalag ka o musyagit ka”. (You will
hurt yourself more if you refuse or scream )

13. That after the accused Benigno Marcos finished his

bestial acts against the complainant he then preceded to
the door acted as a look out while the other accused Mar
Roxas tightly held the two hands of complainant and
placed himself on top of her even if she strongly resisted.
Complainant cannot do nothing except to cry especially
when the accused Mar Roxas inserted his penis into her
vagina and performed push and pull movement;

14. That after the accused Mar Binay get himself satisfied,
he stand up and get dressed and so, complainant
managed to scream “Mga Demonyo Mo, Mga Traydor,
Gabaan pa unta Mo”...( You are Devils, You are Traitors,
May God forsake you”)

15. That complainant found out later from the Police that
there was a person who heard her scream and called 911
in the person of Jejomar Roxas;

16. That the police officers in the persons of SPO1 HIGANTE

DAGUL, SPO1 PAT COLINAR together with PO2 BEAUTY MAGANDA
came and arrest of two suspects, Mar Binay and Benigno
Marcos who were in the act of escaping;

17. That complainant was directly brought to Southern

Philippines Medical Center (SPMC) where she was
physically examined.
 B. ISSUES TO BE TRIED

1. Whether or not complainant has been raped and

abused by the two accused Mar Binay and Benigno
Marcos?

2. Whether or not the testimony of the victim Korina S.

Aquino corroborated by testimony of the witness and
strengthened by the findings of the expert witness is
sufficient to convict the accused for the crime of rape?

B. 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. Jurisprudence laid down by the Supreme Court on RAPE

Complainant respectfully reserves the right to cite applicable

laws and jurisprudence as the case progresses.

C. DOCUMENTS TO BE PRESENTED

1. Affidavit of the Victim-----------------------------Exhibit “A”

(This is a sworn statement of Korina Aquino to prove the facts of the raped
incident that transpired at the abandoned house situated at Tiongko Ave., Davao
City on December 10, 2013).

2. Birth Certificate of the Victim-------------------- Exhibit “B”

(This is a birth certificate of Korina Aquino to prove that she is indeed 17years
of age and still a minor).
 3. Affidavit of the Witness Jejomar Roxas-------------Exhibit
“C”
 (This is a sworn statement of Jejomar Roxas to prove the raped incident that
transpired   at   the   abandoned   house   situated   at   Tiongko   Ave.,   Davao   City   on
December 10, 2013).

4. Joint Affidavit of Arrest----------------------------Exhibit “D”

(This is a joint affidavit of Police Officers in the persons of  SPO1 HIGANTE
DAGUL, SPO1 PAT COLINAR together with PO2 BEAUTY MAGANDA  who
apprehends the two accused at the abandoned house situated at Tiongko Ave., Davao
City on December 10, 2013).

5. Spot Report Incident-------------------------------Exhibit “E”

(This is an excerpt of report of from the daily record of events on December 10,
2013 to prove that indeed there is a rape incident that transpired within the said
date).

6. Medical Certificate--------------------------------Exhibit “F”

  (This medical certificate is issued by Dr. Concha of Southern Philippine
Medical Center (SPMC) after conducting a medical examination of the victim. This
medical certificate shows that Korina S. Aquino has hymenal lacerations which tend
to show that she has been abused and forced to have sexual intercourse with the
accused).

D. NAMES OF WITNESSES

1. Korina S. Aquino – her testimony will provide for the facts of the alleged
rape incident. She will detail to the court what really transpired on December
10, 2013.

2. Jejomar Roxas- his testimony will provide for the facts of the alleged rape
incident on December 10, 2013.

3. Dr. Ma. Elinore A. Concha – she will identify to the court the medical
certificate submitted by the complainant.
 4. Giselle Aquino – she is the mother of the plaintiff. She will testify on
matters that happened to her daughter shortly after the said rape incident.

E. AVAILABLE TRIAL DATES

Specifi cally all Fridays of the month, with the regular

appearance of the undersigned city prosecutors before this
Honorable Court.

RESPECTFULLY SUBMITTED. February 5, 2014, Davao City,

Philippines.

DAVAO CITY PROSECUTORS’S OFFICE

Hall of Justice, Ecoland
Davao City

By:

PROS. JOSEPH ABAD

Asst. City Prosecutor
Roll of Attorneys No. 62028
IBP No. 976893/ Davao City/January 2, 2014
MCLE Exempt
PTR Exempt

And

PROS. MARIO BALDOS

Asst. City Prosecutor
Roll of Attorneys No. 62042
IBP No. 976893/ Davao City/January 2, 2014
MCLE Exempt
PTR Exempt

Copy furnished:
Atty. Hot N. Cold R.R. No. __________
Counsel for the Accused Date: _____________
San Pedro Extension, Davao City