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    The document is a pre-trial brief submitted by the defense counsel for Rosalinda Ramos, who is accused of grave oral defamation against Marimar Dela Cruz, the Mayor of Mandaluyong City. The brief outlines the admitted facts of the case, which are the identities of those involved and details of the alleged crime. It also lists the evidence and witnesses that will be presented, including affidavits from Ramos and another person present. The brief argues that Ramos was simply expressing her honest opinion on corruption during a discussion and did not directly defame or identify Dela Cruz. The defense does not accept an amicable settlement and requests a continuous trial.

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    87 views4 pages
    The document is a pre-trial brief submitted by the defense counsel for Rosalinda Ramos, who is accused of grave oral defamation against Marimar Dela Cruz, the Mayor of Mandaluyong City. The brief outlines the admitted facts of the case, which are the identities of those involved and details of the alleged crime. It also lists the evidence and witnesses that will be presented, including affidavits from Ramos and another person present. The brief argues that Ramos was simply expressing her honest opinion on corruption during a discussion and did not directly defame or identify Dela Cruz. The defense does not accept an amicable settlement and requests a continuous trial.

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    The document is a pre-trial brief submitted by the defense counsel for Rosalinda Ramos, who is accused of grave oral defamation against Marimar Dela Cruz, the Mayor of Mandaluyong City. The brief outlines the admitted facts of the case, which are the identities of those involved and details of the alleged crime. It also lists the evidence and witnesses that will be presented, including affidavits from Ramos and another person present. The brief argues that Ramos was simply expressing her honest opinion on corruption during a discussion and did not directly defame or identify Dela Cruz. The defense does not accept an amicable settlement and requests a continuous trial.

    Copyright:

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

    Sample

    Uploaded by

    CarlMarkInopia
    The document is a pre-trial brief submitted by the defense counsel for Rosalinda Ramos, who is accused of grave oral defamation against Marimar Dela Cruz, the Mayor of Mandaluyong City. The brief outlines the admitted facts of the case, which are the identities of those involved and details of the alleged crime. It also lists the evidence and witnesses that will be presented, including affidavits from Ramos and another person present. The brief argues that Ramos was simply expressing her honest opinion on corruption during a discussion and did not directly defame or identify Dela Cruz. The defense does not accept an amicable settlement and requests a continuous trial.

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    You are on page 1of 4

    REPUBLIC OF THE PHILIPPINES

    REGIONAL TRIAL COURT


    NATIONAL CAPITAL JUDICIAL REGION
    BRANCH 1, MANDALUYONG CITY

    PEOPLE OF THE PHILIPPINES,


    Plaintiff, IS No. _________________

    For: GRAVE ORAL DEFAMATION


    Under Article 353 in relation to Article
    358, Revised Penal Code

    -versus-

    ROSALINDA RAMOS,
    Accused.
    x-----------------------x

    PRE-TRIAL BRIEF OF THE DEFENSE

    Herein ACCUSED, through the undersigned counsel before this


    Honorable Court, most respectfully allege that:

    THE PARTIES

    1. The private complainant is Marimar Dela Cruz, incumbent Mayor of


    Mandaluyong City, of legal age, married, Filipino citizen and residing
    at #69 Wack Wack Subdivision, Mandaluyong City.
    2. The accused is Rosalinda Ramos, City Treasurer of Mandaluyong, of
    legal age, married, Filipino citizen and residing at #38 A Bonifacio,
    Hagdan Bato Libis, Mandaluyong City.

    FACTS OF THE CASE

    1. As a City Treasurer, the accused attended the Mandaluyong City


    Employees Christmas Party which was held inside the City Hall on 23
    December 2015.
    2. She sat beside Juana A. Dela Cruz, an employee of the DILG;

    Page 1 of 4
    3. They have had a discussion regarding the current news among the
    politicians ( Sen. Enrile, Sen. Revilla, Sen. Estrada, etc) and were able to
    express their views/opinions.
    3.1The main topic of their discussion was about corruption which
    tainted the character of the politicians, in general, in the eyes of the
    citizenry.
    3.2 In the course of their discussion, she (the accused) mentioned,
    GRABE NA TALAGA!, ANG MGA POLITICIAN NGAUN
    MGA CORRUPT NA. TIGNAN MO GINAGAWA, SILA NA
    NAGNANAKAW SA KABAN NG BAYAN.
    4. While they were having these discussions, the private complainant
    delivered her speech.
    5. The accused uttered these statements, in her normal tone of voice
    and it did not make any annoyance, disturbance nor discredit the Mayor
    during our Christmas Party.

    SUMMARY OF ADMITTED FACTS

    The following are the admitted facts:


    1. The identity of the person charged in the information and that of
    the person arraigned is one and the same;
    2. The identity of Marimar Dela Cruz, the complainant in the
    criminal information;
    3. The date and place of the commission of the crime;
    4. The jurisdiction of this Honorable Court.

    WILLINGNESS TO ENTER INTO AMICABLE SETTLEMENT

    Defendant is not open for an amicable settlement.

    EVIDENCE FOR MARKING

    1. Affidavit of the accused - ROSALINDA RAMOS


    Purpose: To serve as her direct testimony.
    2. Affidavit of defense witness - JUANA A. DELA CRUZ
    Purposes: (a) To prove that the accused had a discussion with the
    abovementioned witness; (b) That she just expressed her honest opinion
    regarding corruption of public officials; (c) That she did not identify the
    complainant as a theft nor corrupt; (d) That her statements were taken out
    of context; and (e) that she did not shout any defamatory remarks during
    the speech of the complainant.

    Page 2 of 4
    ISSUES

    1. Whether or not the accused committed the crime charged; and


    2. Whether or not the accused is guilty thereof.

    WITNESSES

    1. ROSALINDA RAMOS in her capacity as accused.


    2. JUANA A. DELA CRUZ- to corroborate the testimony of the
    Accused.

    The accused reserves the right to present other witnesses and


    documentary exhibits in the course of the trial.

    APPLICABLE LAWS

    Pertinent provisions of the Revised Penal Code, particularly Article


    353 in relation to Article 358, and related jurisprudence thereof.

    TRIAL DATES

    Herein accused respectfully requests for a continuous trial if the


    calendar allows it.

    Respectfully submitted.
    MANDALUYONG CITY, January 4, 2016.

    ATTY. DERECK RAMSEY


    Defense Counsel

    Copy furnished:

    Page 3 of 4
    ATTY. ALDEN RICHARD DE LEON
    City Prosecutor

    EXPLANATION
    Due to lack of messengerial services to effect personal service, a
    copy of the foregoing Pre-Trial Brief was sent to the Office of the City
    Prosecutor through registered mail.

    ATTY. DERECK RAMSEY

    Page 4 of 4

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