REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
QUEZON CITY BRANCH ___

TAYLOR F. WILLIAMS,
Plaint
iff

Civil Case No. ____

-versus- For: MALICIOUS PROSECUTION
AND DAMAGES

JAIME J. ANDERSON,
Defendan
t.
x--------------------------------------x

PRE-TRIAL BRIEF

Defendant, by counsel, hereby respectfully submits its Pre-Trial Brief,

as follows

I.
WILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENT

Defendant is willing to enter into an amicable settlement or

compromise agreement with plaintiff under mutually accepted terms and
conditions.

II.
ADMITTED FACTS

1. Defendant is an eighteen (18) year old individual with a

residence address at St. Marks Street, Cubao, Quezon City.

2. Defendant is a senior student of Clearwater Highschool which

is located in Cubao, Quezon City.

3. Both the Plaintiff and Defendant were members of Clearwater

Highschool Chat Room with the user identification SHOCKWAVE and
jamming@ClearwaterHS, respectively.

III.
PROPOSED STIPULATION OF FACTS

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 4. The username FATALFLAW was used by Taylor Williams
during his junior year which was supposed to be deactivated at the end of the
said year.
5. Between 8 March 2010 and 12 March 2010, Defendant was
being bullied and being a victim of cyberstalking by a person under the
username SHOCKWAVE which was used by herein plaintiff during the
foregoing events.

6. On 8 March 2010, plaintiff wrote Jams in the window.

Exercise all you want, my friend, you wont be able to run fast enough

7. On 10 March 2010 plaintiff wrote: "Jammings been

seen wearing school colors all week. Be careful, water
bottles, sideline bottles, they dont always contain water,
they can be deadly.

8. On March 11, 2010, Plaintiff posted: "Anticipation

is what it's all about, and building fear. You never know when
you'll be forced to face your greatest fear...suffocation,
poison, torture, painful prolonged death Time is running
out, my Jammin friend. You should really watch what you
drink. Water can be poisonous, when its not water.

9. On March 12, 2010, Plaintiff stated: "I admit to

being a bit mad, by some peoples standards, but madness
can be a good thing. It gives me direction, focus and an
outlet for my aggression and Anyone wanna talk some pain
and suffering? Time is running out, my Jammin friend. Maybe
we can meet? Jam will rot just like Jelly if buried long
enough.

10. On or about March 13, 2010, Plaintiff transmitted

an electronic mail message (the e-mail) from the user
name user94040@KZMail.com to Defendant, which e-mail
contained the following threats intended to harass
Defendant: "FF may lose control at any time ... longs to test
your control. How long will you last, my jammin friend? If
you're afraid, you better stay locked up in your 2nd floor
roost and not go out to play. You could be sorry. You could be
dead."

11. The e-mail message also contained a link to an

M_Space page entitled the jamming@ClearwaterHS
experiment, which incorporated the threats made by
Defendant against Plaintiff as described in Paragraphs 18,
19, 20, and 21. That M_Space page also depicted a digital
photograph of Defendants bedroom window .

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 12. As a result defendant filed complaint against the plaintiff at
Quezon City Regional Trial Court docketed as Case No. 2015-092459.

13. The Criminal Case No. 2015-092459 was terminated on 30

September 2016 with an acquittal of herein plaintiff.

14. That the guilt of the accused (Plaintiff herein) was not proved
beyond reasonable doubt, thus, the Criminal case was terminated.

III.
ISSUES

1. Whether or not the Plaintiff sufficed the elements of a malicious

prosecution.

2. Whether or not the present case should be dismissed for failure to

state a cause of action.

IV.
DOCUMENTARY EXHIBITS and CORRESPONDING MARKINGS

Exhibit Description
1 Chat Room Excerpt, 8 March 2010
2 Chat Room Excerpt 10 March 2010
3 Chat Room Excerpt 11 March 2010
4 Chat Room Excerpt 12 March 2010
5 E-mail to Jaimie Anderson 13 March 2010
6 M_Space Page
7 Jaimie Anderson High School Transcript
8 Taylor Williams Inside Textbook Cover
9 Jaimie Anderson Medical Record

Defendant reserves the right to present and mark additional

documents during the course of the trial, as and when necessary to further
prove its cause of action.

V.

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 WITNESSES TO BE PRESENTED

Defendant will be presenting at least three (3) witnesses to testify on

the following:

1. Jamie Anderson to testify on the fact that she is

the victim of Cyberstalking by a person under the pseudonym
FATALFLAW and SHOCKWAVE

2. Chris Hopp to testify on the police report filed by

the Defendant against the Plaintiff

3. Marty D. Robinson, MD to testify on the medical

assessment made to the Defendant as a direct consequence of the
cyber stalking of the Plaintiff against the Defendant

Defendant reserves the right to present additional witnesses during the

course of the trial, as and when necessary to do so.

VII.
DATES OF HEARING

January 20, 2017, January 27, 2017, February 3, 2017 and February
10, 2017.

RESPECTFULLY SUBMITTED.

Pasig City for Quezon City, 13 January 2017.

STRONC LAW FIRM

Unit 808 Victoria Sports Complex
Quezon City

By:

ANDREW IVAN NIEDO

Counsel for the Defendant
PTR No. _______; ________
IBP No. __________
Attorneys Roll No. ________
MCLE Compliance No. ______
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 Mobile _________
Email address

JONAS JOEY TORNO

PTR No. _______; ________
IBP No. __________
Attorneys Roll No. ________
MCLE Compliance No. ______
Mobile _________
Email address

Copy furnished by registered mail:

VIOLETA MIRALLES
Counsel for the Plaintiff
PTR No. 345690; 1-12-16; B.C.
IBP No. 9816345; 1-12-16; B.C.
Attorneys Roll No. 897651; 5-06-15
MCLE Compliance No. 7654291; 1-12-18
2nd Floor MLQU-SPACE
Victoria Sports Complex
EDSA, Quezon City

EXPLANATION

Copies of this Pre-Trial Brief were sent to the above-named parties by

registered mail due to the distance involved and lack of sufficient
messengerial personnel to effect personal service.

__________________