Pre Trial Brief Criminal Case
Pre Trial Brief Criminal Case
I. PARTIES
The private complainant may also be served with notices, orders, decisions and
other processes of this Honorable Court through the undersigned counsel with office
address at Prosecutor’s Office, Digos City;
The Prosecution is not willing to enter into an amicable settlement of the case.
Private Complainant alleged that on June 8, 2020, at about 10:00 o’clock in the
morning, herein Respondent Noly De Castor being then the driver of a red Mazda 2
Hatchback car was traversing the said street heading east wherein private complainant
and her spouse on board motorcycle vehicle Honda RS 125 was heading west.
When without warning, respondent attempted to overtake another vehicle, sped
through the opposite lane without regard for the motorcycle vehicle boarded by
complainant and her spouse. The same resulted in a collision from the rear side of the
motorcycle which flung the said vehicle off the road southward from the point of impact.
The complainant and her spouse was knocked over which resulted to the fatal injuries
suffered by Danilo who was later on pronounced Dead on Arrival at the hospital.
Other than those stated in the complaint, private complainant has no other
matters to admit at this juncture. However, the private complainant would like to make
the following proposal for stipulations, to wit:
1. The identity of the accused as the one charged in the Information filed before this
Honorable Court;
2. The Honorable Court has jurisdiction to hear the instant case and over the
persons of the accused;
4. That Noly De Castor drove the car that caused damage to the property and caused
the instant death of Danilo Padilla;
Testimonial Evidence
1.) Testimony of Kathryn Padilla
Purpose: To establish and prove that the accused was negligent in driving his car
which caused the death of her husband and damage to their motorcycle
Purpose: To establish and prove that there was a collision involving the car of
Noly de Castor and and the motorcycle of Danilo Padilla which caused the death of the
latter and damage to his property.
Documentary Evidence
Purpose: To establish and prove that Private Complainant filed the said affidavit
complaint with the Prosecutor’s Office.
Purpose: To establish and prove that the private complainant is the lawful wife of
the victim and has the personality to file the above-captioned case.
Purpose: To establish and prove that Danilo Padilla died on 08 June 2020 in the
morning due to the injuries from the collision.
Purpose: To establish and prove that there was a collision which caused the death
of the victim.
Purpose: To establish and prove that there was a collision involving the said car
7. Picture of the Red Mazda car of Mr. Noly de Castor after the incident
(ANNEX “H”)
Purpose: To establish and prove that there was a collision involving the said
motorcycle
When the execution of the act covered by this article shall have only resulted in
damage to the property of another, the offender shall be punished by a fine
ranging from an amount equal to the value of said damages to three times such
value, but which shall in no case be less than twenty-five pesos.
A fine not exceeding two hundred pesos and censure shall be imposed upon any
person who, by simple imprudence or negligence, shall cause some wrong
which, if done maliciously, would have constituted a light felony.
In the imposition of these penalties, the court shall exercise their sound
discretion, without regard to the rules prescribed in Article sixty-four.
PRAYER
FATIMA D. MATANONG-SAGOT
Notary Public for Digos City
Prosecutor II
PTR No. 1155784-1/13/19-Davao del Sur
Roll No. 51334 * MCLE Compliance No. VI-0005562
For:
EXPLANATION
A copy of the instant Pre-Trial Brief is being served upon the accused by
registered mail due to time constraints, distance, and lack of personnel to effect
personal service.
FATIMA D. MATANONG-SAGOT
Notary Public for Digos City
Prosecutor II
PTR No. 1155784-1/13/19-Davao del Sur
Roll No. 51334 * MCLE Compliance No. VI-0005562