Republic of the Philippines

National Capital Judicial Region

REGIONAL TRIAL COURT
Branch No.58
Makati City

PEOPLE OF THE PHILIPPINES

Plaintiff,
CRIM CASE NO. 71862
- versus -
For: LIBEL under Sec. 4
(C) under RA 10175
ERWIN DAVILA y SOHO
Accused.
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PRE-TRIAL ORDER

SUMMARY

That on or about the 11th day of May, 2017 in Makati City, Metro Manila,
Philippines and within the jurisdiction of this Honorable Court, the above-
named accused, being the owner and publisher of “ERWIN DAVILA BLOG,”
did then and there willfully, unlawfully and feloniously and with malicious
intent to discredit or dishonor complainant, ATTY. GADON “DING” DY, and
with the malicious intent of injuring and exposing said complainant to public
hatred, contempt and ridicule, write and publish in his blog on May 11,
2017, “PINAKAMAYAMAN SA CUSTOMS.”

STIPULATION OF FACTS

Admitted
1. Identity of the Accused;
2. Jurisdiction of the Court;
3. That on May 11, 2017, accused posted the subject article
“PINAKAMAYAMAN SA CUSTOMS” in his blog, ERWIN DAVILA BLOG
(erwindavilablog.ph);
4. That ERWIN DAVILA BLOG is an online blog which is publicly accessible
in the Philippines;
5. That the accused, ERWIN DAVILA y SOHO, is the author of the alleged
libelous article;
6. That the screenshot is a faithful reproduction of the original article or
blog posted;
7. That the accused and the complainant did not know each other during
all the time material to the publication; and
8. That it is the duty of media persons to expose corruption.

ISSUE TO BE RESOLVED
Whether or not the accused is guilty of the crime as charged.
 EVIDENCE FOR THE PARTIES
Evidence for the Prosecution
Exhibits “A” - Information
Exhibit “B” - Certification from the Bureau of Customs
Exhibit “C” - Screenshot of the article/blog post

Evidence for the Defense

Exhibit “1” - Complaint-Affidavit
Exhibit “2” - Screenshot of the article/blog post

Testimonial Evidence
The prosecution will present two (2) witnesses namely, Atty. Gadon
“Ding” Dy and Atty. Claudine Velasquez.
The defense will present one (2) witness namely, Erwin Davila y Soho.

HEARING DATES
The trial date is set on January 22, 29 and February 5, 2018 at 8:30
AM.

It is understood that the testimony of the witness should be completed

on the scheduled date of hearing allotted to said witness under the One-day
Examination of Witness Rule. The Court however, has the discretion on
whether or not to extend the direct and/or cross examination of witnesses
for good cause shown.

Failure of the party or his counsel to comply with the aforementioned

schedule of hearings and deadlines may be a ground for imposition of fines
and other sanctions by the Court.

SO ORDERED.

Makati City, JANUARY 15, 2018.

TITO VIC DE LEON

Presiding Judge