REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

SEVENTH JUDICIAL REGION
DUMAGUETE CITY
NEGROS ORIENTAL
BRANCH ___

PEOPLE OF THE PHILIPPINES Criminal Case No. _________

Plaintiff For: Rape
-versus-
JAY HERRERO
Accused
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PRE-TRIAL BRIEF FOR THE ACCUSED

I. THEORY OF THE ACCUSED

The accused is denying all the material allegations stated in the two (2)
Informations filed by the prosecution before this honorable court. The accused posits
that he and the offended party, KRIZZA MAE BATULAN, has had several sexual
encounters in the past, none of which were accompanied by any form of violence or
intimidation to coerce the offended party to engage in the sexual act.
The accused submits that these criminal charges were concocted by the
offended party in retaliation for the accused’s reporting of an incident of
embezzlement which the offended party did in KWALFON, where they are both
employed. As of the filing of this PRE-TRIAL BRIEF, such matter has not yet been
finally disposed of by KWALFON.
 At the time of the happening of the alleged crime, the offended party willingly
rode the vehicle of the accused. No form of force, violence, intimidation, or undue
influence was employed.

II. WITNESSES AND THE NATURE OF THEIR RESPECTIVE TESTIMONIES

1. MR. FRANCIS O. OBLONG III, HR Manager, KWALFON – to prove that
herein accused initiated the complaint for embezzlement of company funds
against the offended party

2. MR. GERALD S. MORAG, employee of SUGARFLY MOTEL – to prove

that herein accused and the offended party has checked in several times in
SUGARFLY MOTEL

3. DR. JOHNNY M. SINSS – as expert witness, to impeach, if necessary, the

testimony of the expert witness to be presented by the prosecution as regards
the medico-legal certificate
III. PROPOSALS FOR STIPULATION
1. Both JAY HERRERO AND KRIZZA MAE BATULAN are employees
of KWALFON.

2. KRIZZA MAE BATULAN willingly rode the car of JAY HERRERO at

the night of the alleged crime.

3. That DR. JOHNNY M. SINSS is a licensed physician, and is a competent

medical expert who is qualified to assess vaginal injuries.

IV. APPLICABLE LAWS AND JURISPRUDENCE

Article 266 of the Revised Penal Code

V. ISSUES
Whether or not the offended party willingly and voluntarily joined the accused in
the latter’s car.
Whether or not the lone testimony of the offended party on all the acts constituting
the alleged crime is credible enough to warrant the conviction of the accused.
Whether or not the prosecution has evidence sufficient to prove the guilt of the
accused beyond reasonable doubt.

VI. PRAYER
WHEREFORE, plaintiff prays that the foregoing be taken cognizance of.
December 21, 2018, Dumaguete City, Negros Oriental, Philippines.

ATTY. JULIUS ANTHONY R. CUENCO

Counsel for the Plaintiff
PTR No. 5918425/Jan. 11, 2017/Dumaguete City
IBP No. 1063780/Jan. 10, 2017/Negros Oriental
Roll of Attorneys No. 66358
MCLE Compliance No. 065498 (Valid until Dec. 31, 2019)
Room 405, Portal West Building, Hibbard Avenue cor. Silliman Avenue,
Dumaguete City, Negros Oriental, (035) 422-6002

Copy furnished:

Pros. Krizea Duron