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    Pre-Trial Brief SAMPLE For Defense

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    Nilsy Ynzon
    The pre-trial brief submitted by the defense summarizes the facts of the case and the defendant's intended defenses. It admits that the defendant and complainant's identities and the date of the incident. However, it proposes that the complainant provoked and continually insulted the defendant. The brief argues that the defendant's actions were in self-defense against the complainant's harassment. The defense presents two witnesses and affidavits to attest to the complainant's past insults and the defendant's good faith attempts at resolution. The brief concludes by listing the intended trial dates and witnesses.

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    Pre-Trial Brief SAMPLE For Defense

    Uploaded by

    Nilsy Ynzon
    22K views4 pages
    The pre-trial brief submitted by the defense summarizes the facts of the case and the defendant's intended defenses. It admits that the defendant and complainant's identities and the date of the incident. However, it proposes that the complainant provoked and continually insulted the defendant. The brief argues that the defendant's actions were in self-defense against the complainant's harassment. The defense presents two witnesses and affidavits to attest to the complainant's past insults and the defendant's good faith attempts at resolution. The brief concludes by listing the intended trial dates and witnesses.

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    PTB for the defense

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    Pre-Trial Brief SAMPLE for Defense

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    The pre-trial brief submitted by the defense summarizes the facts of the case and the defendant's intended defenses. It admits that the defendant and complainant's identities and the date of the incident. However, it proposes that the complainant provoked and continually insulted the defendant. The brief argues that the defendant's actions were in self-defense against the complainant's harassment. The defense presents two witnesses and affidavits to attest to the complainant's past insults and the defendant's good faith attempts at resolution. The brief concludes by listing the intended trial dates and witnesses.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    22K views4 pages

    Pre-Trial Brief SAMPLE For Defense

    Uploaded by

    Nilsy Ynzon
    The pre-trial brief submitted by the defense summarizes the facts of the case and the defendant's intended defenses. It admits that the defendant and complainant's identities and the date of the incident. However, it proposes that the complainant provoked and continually insulted the defendant. The brief argues that the defendant's actions were in self-defense against the complainant's harassment. The defense presents two witnesses and affidavits to attest to the complainant's past insults and the defendant's good faith attempts at resolution. The brief concludes by listing the intended trial dates and witnesses.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    of 4

    REPUBLIC OF THE PHILIPPINES

    SIXTH JUDICIAL REGION


    MUNICIPAL TRIAL COURT IN CITIES
    BACOLOD CITY
    BRANCH 001
    PEOPLE OF THE PHILIPPINES
    -versus-

    FOR: Slight Physical Injuries


    Article 266 of the
    Revised Penal Code

    RUFINA L. CALIWAN
    x-----------------------------------------------x
    PRE-TRIAL BRIEF OF THE DEFENSE
    DEFENDANT, by counsel and through this Honorable
    Court, respectfully submits this pre-trial courts order dated,
    March 19, 2016.

    I.

    SUMMARY OF ADMITTED FACTS, PROPOSED


    STIPULATION OF FACTS AND DEFENSES

    The defendant hereby admits the following facts:


    I.1. The identity of the private complainant, Rhodora
    Pasilona;
    I.2. The date and time of the commission of the offense;
    Furthermore, the
    following facts:

    defendant

    respectfully

    proposes

    the

    I.3. Rhodora Pasilona provoked the being of the


    defendant during the conciliation proceedings;
    I.4. Despite the effort of the defendant to ignore the
    bashing and swearing, Rhodora Pasilona consistently
    uttered words that would blacken the defendants
    reputation;

    I.5. Rhodora Pasilona uttered these words amidst the


    presence of the neighbors one time and several more
    occurred afterwards;
    The defendant, moreover, raises the following defenses:
    I.6. The allegations were the results of the private
    complainants relentless bashing and name swearing
    upon the defendant;
    I.7. The resultant occurrences were mere acts of selfdefense.
    II.

    EVIDENCE FOR MARKINGS

    II.1. The sworn affidavit of Purita Limpio.


    Purpose: To attest that prior to the alleged commission
    of the offense, several circumstances of name-swearing
    and attacking occurred against the person of the
    defendant which accumulated over time.
    II.2. The barangay conciliation proceedings certificate.
    Purpose: To prove the defendants willingness and good
    faith in trying to resolve the matter with the private
    complainant and Mr. and Mrs. Ocampo.
    III.

    ISSUE

    III.1. Whether or not the justifying circumstance of selfdefense is applicable;


    III.2. Whether or not the defendant is justified in
    committing the crime charged.

    IV.

    WITNESSES

    IV.1. Purita Limpio to testify on the contents of her sworn


    affidavit and strengthening the defendants claim
    that the alleged unjustified attack was in fact,
    justified.
    IV.2. Junny Dip to testify the defendants presence thus
    proving the defendants good faith and pure intention
    of settling the issue amicably.

    V.

    TRIAL DATES

    Specifically all Fridays of the month, with the regular


    appearance of the undersigned counsel before this
    Honorable Court.

    RESPECTFULLY SUBMITTED.
    Bacolod City, Philippines, March 2, 2015.

    ATTY. FELIMON SY
    Notary Public
    Notary Public for Bacolod City, Negros Occidental
    Until December 31, 2016
    Office: 13F Kung Sin O Bldg., No. 69, Mabilog Rd., Bacolod City
    Roll No. 57202 03/22/2016
    IBP Lifetime Roll No. 100293; 01/05/15
    PTR No.023456; 01/05/16
    MCLE Compliance Cert. No. 097654; 01/05/16

    Copy furnished:
    ANGELINA DIOLY
    Assistant City Prosecutor
    Office of the City Prosecutor of Bacolod
    Bacolod City
    Received by: ___________
    Date: ___________

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