Republic of the Philippines

REGIONAL TRIAL COURT

11th Judicial Region
Branch 3
Davao City
PEOPLE OF THE PHILIPPINES,
Plaintiff,
-versus-

CRIMINAL CASE NO.

005-2011
FOR: KIDNAPPING FOR
RANSOM

PEDRO CARGO,
Accused,
X-----------------------------X
P R E T RI A L B R I E F
COMES NOW, the ACCUSED PEDRO CARGO, through the
undersigned counsels and unto this Honorable Court, most respectively
submits his Pre-Trial Brief in the above-entitled case, to wit:
I.

PROPOSED STIPULATION OF FACTS

A. Proposed Stipulation of Facts

1.) That the accused Pedro Cargo worked for Rex Ayala as the Family
Driver and Houseboy of the Ayala Household during the period
from February 5,2010 to March 15,2013 .
2.) That the accused Pedro Cargo, witnessed Rex Ayala and Danila
Taclob having Sexual Intercourse on the bedroom of the spouses
on the night of March 12, 2013.

3.) That the accused Pedro Cargo, told Kris Pilapil that he witnessed
Rex Ayala and Danila Taclob having Sexual Intercourse on the
bedroom of the spouses on the night of March 12, 2013 .
4.) That the accused Pedro Cargo was Terminated from employment
on March 15, 2013 by Rex Ayala.
5.) After the accused Pedro Cargo was terminated from the
Employment of the Ayala Household, He was hired by Henry Tan
on March 24, 2013 to be the latters designated driver.
6.) That on December 20, 2013 at around 5 am, the accused Pedro
Cargo together with his wife boarded flight PR 822 from Davao to
Manila as evidenced by his boarding pass.
7.) That on December 20, 2013, at around 10 am, the accused Pedro
Cargo and his wife checked into the Bernardos Hotel Batanes.
8.) That on December 22, 2013, the accused Pedro Cargo and his wife
arrived in Davao from Batanes via Manila.
9.) That on December 23, 2013 at around 8.30 pm, the accused Pedro
Cargo, received a call from his employer, Henry Tan, instructing
him to go to Victoria Plaza Mall, located at Bajada Davao City,
enter the Toyota Vios car parked in said location and drive it to
Damosa Gateway Lanang, Davao city.

10.) That on December 23, 2013 at around 11pm, while the accused
Pedro Cargo was parked in Damosa Gateway, Lanang Davao City,
the police apprehended him.

II. ISSUES TO BE TRIED AND RESOLVED

1.) Whether or not accused committed the crime charged.
III. EVIDENCE FOR MARKINGS
The ACCUSED PEDRO CARGO will present the following documents
during the course of the trial, to wit:
1.) An official receipt issued by Bernardos Hotel Batanes on
December 20, 2013, marked as EXHIBIT 1. To show that the
accused was in Bernardos Hotel Batanes on December 20, 2013.
Also included is Mary Tansecos signature, the Hotel Manager on
duty as EXHIBIT 1-1. This is to prove that the accused could not
have committed the kidnapping as averred by the prosecution due
to the physical impossibility of him being present at the place of
the alleged commission of the crime which supposedly took place
on December 20, 2013.
2.) Philippine Airlines (PAL for brevity) Boarding Pass for PR 822
dated December 20, 2013 with 5:00 a.m. as the boarding time
marked as EXHIBIT 2 to prove that accused was already inside
the airport vicinity before 5:00 a.m. on December 20, 2013, for his
5:00 a.m. flight to Manila (Considering PALs policy to check in 2
3

hours before the flight) to catch his 8:00 a.m. flight to Batanes. The
Plane left Davao for Manila around 5:00 a.m. in the morning.
3.) PAL Baggage Tag for PR 822 from Davao bound to Manila
marked as EXHIBIT 3 to prove that accused was really inside
the Airport and was sure to board his flight given that his baggage
was already checked in.

IV.

ON AVAILMENT OF DISCOVERY PROCEDURES

ACCUSED PEDRO CARGO respectfully reserves the right to avail

of the different modes of discovery procedure as provided in the Revised

Rules of Court.

V.

THE NUMBER AND NAMES OF WITNESSES

1.) Accused PEDRO CARGO himself to testify as to the material facts of the
case. That on December 20, 2013, he was at Bernardos Hotel in Batanes.
That he had no knowledge of the kidnapping of Jason Ayala. That on the
night of December 23, 2013 he merely followed the instructions of his
current employer, Henry Tan.
2.) MARY TANSECO, manager of Bernardos Hotel Batanes, to testify that
the accused was at Bernardos Hotel Batanes at the following dates. Said
MARY TANSECO would also testify as to the authenticity of the Official
receipt marked EXHIBIT 1 and that it was indeed Bernardos Hotel
Batanes that issued the aforementioned official receipt.
3.) KRIS PILAPIL, a kasambahay working in the Ayala Household, to
testify that she has personal knowledge of an affair between Danila Taclob
4

and Rex Ayala Said KRIS PILAPIL, would also testify that she and the
Accused Pedro Cargo had a conversation dated March 13, 2013 and that the
accused Pedro Cargo told her that he, the accused Pedro Cargo, had
discovered the affair between Danila Taclob and Rex Ayala.

ACCUSED respectfully reserves the right to present additional witnesses

during the course of the trial.

MOST RESPECTFULLY SUBMITTED.

Davao City, Philippines, July 24, 2014.

Assisted by:
Alain Jan B. Brigoli
PTR No. 43215678
IBP No. 938475
Roll No. 34562
MCLE Compliance Cert No. II -9876523
Ralph Palmera
PTR No. 3847563
IBP No. 234512
Roll No. 94856
MCLE Compliance Cert No. II -6543879
Guian Cuaterno
PTR No. 75869374
IBP No. 231789
Roll No. 76543
MCLE Compliance Cert No. II -1657895

Copy Furnished:
JESSIELLE ANN C. FABIAN
Assistant City Prosecutor

NORBERTO SINSONA JR.

Assistant City Prosecutor

JESSA ELA L. VELARDE

Assistant City Prosecutor