1. PO1 Jose Gonzales is accused of raping Areola Malibugan from 2016 to 2018 when she was a minor. However, Gonzales claims he was stationed in Butuan City during those years and could not have committed the crime.
2. Gonzales' coworker PO1 Arturo Vertoso will testify that Malibugan was not a minor and that Gonzales is innocent of the charges.
3. Gonzales pleads not guilty and requests the case be dismissed due to lack of evidence against him.
1. PO1 Jose Gonzales is accused of raping Areola Malibugan from 2016 to 2018 when she was a minor. However, Gonzales claims he was stationed in Butuan City during those years and could not have committed the crime.
2. Gonzales' coworker PO1 Arturo Vertoso will testify that Malibugan was not a minor and that Gonzales is innocent of the charges.
3. Gonzales pleads not guilty and requests the case be dismissed due to lack of evidence against him.
1. PO1 Jose Gonzales is accused of raping Areola Malibugan from 2016 to 2018 when she was a minor. However, Gonzales claims he was stationed in Butuan City during those years and could not have committed the crime.
2. Gonzales' coworker PO1 Arturo Vertoso will testify that Malibugan was not a minor and that Gonzales is innocent of the charges.
3. Gonzales pleads not guilty and requests the case be dismissed due to lack of evidence against him.
1. PO1 Jose Gonzales is accused of raping Areola Malibugan from 2016 to 2018 when she was a minor. However, Gonzales claims he was stationed in Butuan City during those years and could not have committed the crime.
2. Gonzales' coworker PO1 Arturo Vertoso will testify that Malibugan was not a minor and that Gonzales is innocent of the charges.
3. Gonzales pleads not guilty and requests the case be dismissed due to lack of evidence against him.
X--------------------------------------------------/ REPUBLIC OF THE PHILIPPINES ) SURIGAO CITY ) S.S. SURIGAO DEL NORTE )
DEFENSE PRE-TRIAL BRIEF
PO1 Jose A. Gonzales (“Accused”), by and through Counsel,
respectfully submits the following Pre-Trial Brief pursuant to the Rules of Procedure and Evidence, and states as follows:
1. SUMARRY OF STATEMENT OF FACTS
1. PO1 JOSE A. GONZALEZ, who is the respondent of a criminal
complaint filed by ROGER DIMAAMPAO on behalf of his girlfriend AREOLA MARRIE L. MALIBUGAN has no basis and sufficient evidence that the said victim was a minor at the time of the commission of an offense and at same time Raped by the allege defendant.
2. That the precise year allege in the complaint, that was 2016 to 2018, respondent PO1 JOSE A. GONZALEZ was being assigned in the Office of Police Station PNP PRO 13 CARAGA in Butuan City of which PO1 ARTURO S. VERTOSO his co-workmate in the said office.
3. That during 2016 to 2018, the respondent was living in the
apartment together with respondent’s wife and PO1 ARTURO VERTOSO as his neighbor at the said place and at the same time his co-workmate in Butuan City and it was physically impossible for the respondent to commit a crime of rape in the allege year against the said minor allege in the complaint.
4. That both PO1 JOSE A. GONZALES and PO1 ARTURO
VERTOSO, know the girl name AREOLA MARRIE L. MALIBUGAN who is a claimed victim of the said case because she is one of their friend from Surigao City bringing her to Gaisano Capital Surigao to go shopping. Additionally, the witness Arturo Vertoso stated that she is not a minor looking but a claimed lady during that time.
5. That the defendant haven't done anything wrong against
the said woman. On the other hand, He has shown his sincere regard to the lady and very well performed his responsibilities like that of a true friend to her.
6. And that was the only time that JOSE and ARIOLA MARRIE meet and see each other.
2. ISSUE TO BE TRIED
Whether or not respondent committed a crime of Statutory
Rape under (Art . 335,par (2), Revised Penal Code)?
3. APPLICABLE LAWS AND JURISPRUDENCE
1. Revised Penal Code defines RAPE:
Article 335. When and how Rape is committed. Rape is committed by having carnal knowledge of a woman under any of the following circumstances: 1) By using force or intimidation; 2) When the woman is deprived of reason or otherwise unconscious; and 3) When the woman is under (12) twelve years of age or is demented.
2. The elements that would constitute the crime of RAPE under
Art. 266-A, par. 1 (a) of RA 8353 are: A) Carnal knowledge B) Force or intimidation and the commission of the act without consent, or C) Against the will of the victim
In this case, there is no evidence presented by the complainant
that the respondent committed (3) three sexual encounters against the allege minor. Hence, it is safe to say that this case is prematurely filed by the complainant, which ought to be dismissed.
3. One who alleges a fact has the burden of proving it, sincere mere allegations is not evidence. Equally, it is a basic rule in evidence that he who alleges must prove his case or claim by degree of evidence required.
4. DOCUMENTS TO BE PRESENTED 1. Counter-Affidavit of the Respondent----------Exhibit “A” (This is a sworn statement of PO1 JOSE A. GONZALEZ to prove the facts of the alleged rape filed by the complainant ROGER DIMAAMPAO transpired at Surigao City on 2016- 2018)
2. Affidavit of Witness ---------------------------Exhibit “B” (This
is a sworn statement of PO1 ARTURO VERTOSO to prove that there is no raped that transpired at Surigao City on 2016-2018.)
5. NAME OF WITNESS
PO1 ARTURO VERTOSO – his testimony will provide for the
facts of being impossible to commit the crime rape of his co- workmate PO1 JOSE A. GONZALEZ alleged in the complaint. He will detail to the court what really transpired on the year 2016-2018
6.CONCLUSION
Mr. JOSE A. GONZALEZ reiterates his plea of not guilty and
the dismissal of the case. From the foregoing, it is clear that this case cannot prosper. And so, Respondent, prays that this case be dismissed for utter lack of basis, and all other equitable reliefs prayed for.
WHEREFORE, for the foregoing reasons, the Defense
respectfully requests that the Trial accept the foregoing request as fully dismissed under the Rules of Procedure and Evidence.
ATTY. JINGLE MERRY G. GERANDOY
Counsel of the Defendant IBP lifetime Member No. 088516 PTR No. 6554392, Jan. 2, 2020 Roll of Attorney No. 52976, 3/20/19 MCLE Compliance No. VII-0036549 valid until April 2020 P. Reyes, Surigao City
And
ATTY. BEMAR F. CARANAY
Co-counsel IBP lifetime Member No. 689543 PTR No. 1578964, Jan. 2, 2020 Roll of Attorney No. 52976, 3/20/19 MCLE Compliance No. VI-0013258 valid until April 2020 Magallanes street, Surigao City
Copy Furnished: ATTY. JOSE ROLLY GONZAGA Assistant City Prosecutor Purok 6, brgy. San Juan Surigao City, Surigao Del Norte
